senate Bill S603

2013-2014 Legislative Session

Requires the public service commission to provide notice and opportunity to comment to local community boards in N.Y. city before sale of land by utility

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to energy and telecommunications
Jan 09, 2013 referred to energy and telecommunications

S603 - Bill Details

See Assembly Version of this Bill:
A2131
Current Committee:
Law Section:
Public Service Law
Laws Affected:
Amd ยง107, Pub Serv L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2525, A4910
2009-2010: A5436

S603 - Bill Texts

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Directs the public service commission to provide notice, in a city having a population of one million or more, to the appropriate local community board prior to such commission's consideration of granting permission to a gas corporation or electric corporation furnishing utility service to acquire or sell land; such community boards shall also be provided with the opportunity to submit comments and recommendations on the proposed sale or acquisition; directs the public service commission to address and respond to such comments and recommendations.

view sponsor memo
BILL NUMBER:S603

TITLE OF BILL:
An act
to amend the public service law, in relation to requiring the public
service commission to provide the appropriate local community board in a
city with a population of one million or more with notice of and
opportunity to comment and make recommendations
on any proposed sale or acquisition of real
property by a gas corporation or electric corporation furnishing utility
service

SUMMARY OF SPECIFIC PROVISIONS:
Section 107 of the public service law is amended by adding a new
subdivision 3 which states that the PSC shall provide the local
community board having jurisdiction over the property with notice of
the proposed transaction within ten days of receiving an application
for approval of the transaction.

The local community board will submit written comments and
recommendations to the commission on the proposed transaction within
thirty days of receiving such notice which the commission is required
to respond to, prior to making its determination of the application.

JUSTIFICATION:
When gas or electric corporation attempts to sell or acquire land in
cities with a population of one million or more, the transfers
require approval from the Public Service Commission, but at no point
does the PSC notify the affected community or seek its advisory
opinion.

Since the residents of the community who are most significantly impact
from such a land transfer have unique knowledge of the community,
they should be consulted and given the opportunity to relay their
concerns to the PSC.

This legislation would allow the local community to be informed about
and voice its opinion regarding these issues through its local
community board, which has this responsibility for other land use
matters of significance.

PRIOR LEGISLATIVE HISTORY:
2012: Senate Bill
2525 (Gianaris) - Died in Senate
Telecommunications
2012: Assembly Bill
4910 (Simotas) - Died in Assembly
Corporations, Authorities and Commissions Committee
2010: Assembly Bill
5436 (Gianaris) - Died in Assembly
Corporations, Authorities and Commissions Committee
2008: Assembly Bill
10434-A (Gianaris) - Died in Assembly
Corporations, Authorities and Commissions Committee

FISCAL IMPLICATIONS:
None.


EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   603

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations

AN  ACT  to  amend  the public service law, in relation to requiring the
  public service commission to provide the appropriate  local  community
  board  in  a city with a population of one million or more with notice
  of and opportunity to comment and make recommendations on any proposed
  sale or acquisition of real property by a gas corporation or  electric
  corporation furnishing utility service

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 107 of the public service law is amended by  adding
a new subdivision 3 to read as follows:
  3. WITH REGARD TO THE PROPOSED SALE OR ACQUISITION OF REAL PROPERTY BY
ANY  GAS  CORPORATION OR ELECTRIC CORPORATION FURNISHING UTILITY SERVICE
IN A CITY HAVING A POPULATION OF ONE MILLION  OR  MORE,  THE  COMMISSION
SHALL  PROVIDE  THE  LOCAL COMMUNITY BOARD HAVING JURISDICTION OVER SUCH
REAL PROPERTY WITH NOTICE OF SUCH  PROPOSED  TRANSACTION,  BY  CERTIFIED
MAIL, RETURN RECEIPT REQUESTED, WITHIN TEN DAYS OF RECEIVING AN APPLICA-
TION  FOR  APPROVAL  OF THE TRANSACTION. WITHIN THIRTY DAYS OF RECEIVING
SUCH NOTICE, A LOCAL COMMUNITY BOARD  SHALL  SUBMIT  TO  THE  COMMISSION
WRITTEN  COMMENTS  AND RECOMMENDATIONS ON SUCH PROPOSED TRANSACTION. THE
COMMISSION SHALL ADDRESS AND RESPOND TO ALL COMMENTS AND RECOMMENDATIONS
SUBMITTED BY A LOCAL COMMUNITY BOARD PRIOR TO MAKING  ITS  DETERMINATION
OF THE APPLICATION OF THE PUBLIC UTILITY.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01536-01-3

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