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

                                  9650

                          I N  A S S E M B L Y

                              May 14, 2014
                               ___________

Introduced by M. of A. McDONALD -- read once and referred to the Commit-
  tee on Environmental Conservation

AN ACT to amend the environmental conservation law, in relation to abol-
  ishing  the Hudson river-Black river regulating district and devolving
  such powers to the power authority of the state of New  York;  and  to
  repeal certain provisions of such law relating thereto

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

  Section 1. The environmental conservation law is amended by  adding  a
new section 15-2142 to read as follows:
S 15-2142. HUDSON RIVER-BLACK RIVER REGULATING DISTRICT AND STATE OF NEW
             YORK  POWER  AUTHORITY:  OLD  BOARDS ABOLISHED; TRANSFER OF
             FUNCTIONS; PENDING ACTIONS AND PROCEEDINGS;  INTERPRETATION
             OF DOCUMENTS; EXISTING RIGHTS AND REMEDIES.
  1. EXCEPT AS HEREINAFTER PROVIDED, THE BOARD OF THE HUDSON RIVER-BLACK
RIVER  REGULATING DISTRICT IS HEREBY ABOLISHED, AND ALL OF THE JURISDIC-
TION, FUNCTIONS, POWERS, DUTIES AND OBLIGATIONS POSSESSED  OR  EXERCISED
BY,  OR  FOR WHICH COMMITMENTS HAVE BEEN MADE BY, SUCH BOARDS, INCLUDING
LANDS OR PROPERTY ACQUIRED, MONEYS OF THE BOARDS, AND ACTIONS  TAKEN  OR
DETERMINATIONS  MADE BY SUCH BOARDS, ARE HEREBY TRANSFERRED TO, ASSIGNED
TO AND DEVOLVED UPON THE POWER AUTHORITY OF THE STATE OF  NEW  YORK  AND
ITS CHAIRMAN.
  2.  EXCEPT AS HEREINAFTER PROVIDED, THE CONTRACTS, BOOKS, MAPS, PLANS,
PAPERS, RECORDS AND PROPERTY OF WHATEVER DESCRIPTION WITHIN  THE  JURIS-
DICTION  OR UNDER THE CONTROL OF THE HUDSON RIVER-BLACK RIVER REGULATING
DISTRICT, INCLUDING MONEYS APPROPRIATED AND AVAILABLE TO SUCH DISTRICTS,
PERTAINING TO OR USED IN CONNECTION WITH THE EXERCISE OR PERFORMANCE  OF
THE  FUNCTIONS, POWERS AND DUTIES HEREBY TRANSFERRED AND ASSIGNED, SHALL
BE DELIVERED TO THE CHAIRMAN OF THE NEW YORK STATE POWER AUTHORITY,  WHO
IS HEREBY AUTHORIZED TO TAKE POSSESSION THEREOF.
  3.  FOR  THE  PURPOSES OF SUCCESSION, THE FUNCTIONS, POWERS AND DUTIES
TRANSFERRED, ASSIGNED TO, AND DEVOLVING UPON THE POWER  AUTHORITY  SHALL
BE  DEEMED  TO  CONSTITUTE  A CONTINUATION OF SUCH FUNCTIONS, POWERS AND
DUTIES EXERCISED BY THE HUDSON RIVER-BLACK  RIVER  REGULATING  DISTRICT,

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

                                                           LBD01551-07-4

A. 9650                             2

AND  THE  ACTS,  ORDERS,  RULES,  REGULATIONS AND DETERMINATIONS OF SUCH
DISTRICTS SHALL HAVE, AND CONTINUE WITH, THE SAME FORCE  AND  EFFECT  AS
THOUGH DONE BY OR MADE BY THE POWER AUTHORITY.
  4.  ANY  BUSINESS  OR  MATTER HERETOFORE UNDERTAKEN OR COMMENCED BY OR
BEFORE THE HUDSON RIVER-BLACK RIVER REGULATING DISTRICT, OR  ANY  ACTION
OR  PROCEEDING HERETOFORE BROUGHT BY OR AGAINST SUCH DISTRICTS, PERTAIN-
ING TO OR CONNECTED WITH THE FUNCTIONS, POWERS AND DUTIES HEREBY  TRANS-
FERRED  AND ASSIGNED TO THE POWER AUTHORITY MAY BE CONDUCTED, COMPLETED,
PROSECUTED AND DEFENDED BY AND IN THE NAME OF THE  POWER  AUTHORITY.  IN
ALL SUCH ACTIONS AND PROCEEDINGS THE HUDSON RIVER-BLACK RIVER REGULATING
DISTRICT, UPON APPLICATION TO THE COURT, MAY BE SUBSTITUTED AS A PARTY.
  5.  WHEN  THE HUDSON RIVER-BLACK RIVER REGULATING DISTRICT IS REFERRED
TO OR DESIGNATED IN ANY LAW, CONTRACT OR  DOCUMENT,  SUCH  REFERENCE  OR
DESIGNATION  SHALL BE DEEMED TO REFER TO AND INCLUDE THE POWER AUTHORITY
SO FAR AS SUCH LAW, CONTRACT OR DOCUMENT PERTAINS TO MATTERS  WHICH  ARE
WITHIN  ITS  JURISDICTION  BY  REASON OF SUCH TRANSFER AND ASSIGNMENT OF
FUNCTIONS, POWERS AND DUTIES.
  6. NO COUNTY WITHIN THE HUDSON RIVER-BLACK RIVER  REGULATING  DISTRICT
SHALL  BE LIABLE TO SUCH REGULATING DISTRICT FOR ANY TAX PAYMENTS, FEES,
CHARGES AND/OR ASSESSMENTS.
  S  2.  Section  15-2137  of  the  environmental  conservation  law  is
REPEALED.
  S  3.  Section  15-2139  of  the  environmental  conservation  law  is
REPEALED.
  S  4.  Section  15-2141  of  the  environmental  conservation  law  is
REPEALED.
  S  5.  This act shall take effect on the first of July next succeeding
the date on which it shall have become a law;  provided,  however,  that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive  date  is  authorized  and  directed to be made and completed on or
before such effective date.