S T A T E O F N E W Y O R K
________________________________________________________________________
450--A
2015-2016 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2015
___________
Introduced by M. of A. RYAN -- read once and referred to the Committee
on Corporations, Authorities and Commissions -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the public authorities law, in relation to the use of
monies from certain funds or accounts
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public authorities law is amended by adding a new
section 1018 to read as follows:
S 1018. USE AND TRANSFER OF FUNDS. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, AS DEEMED FEASIBLE AND ADVISABLE BY ITS TRUSTEES, ANY AND ALL
FUNDS OF THE AUTHORITY SHALL BE USED EXCLUSIVELY FOR THE PURPOSE OF
EFFECTUATING THE POLICY DECLARED IN SECTION ONE THOUSAND ONE OF THIS
TITLE AND SHALL, IN NO CIRCUMSTANCES, BE TRANSFERRED OR OTHERWISE GIVEN
TO THE STATE OF NEW YORK UNLESS SUCH FUNDS ARE USED DIRECTLY FOR ENERGY
PROJECTS. FOR THE PURPOSES OF THIS SECTION, THE TERM "ENERGY PROJECTS"
SHALL MEAN INFRASTRUCTURE IMPROVEMENTS AT AN ELECTRIC GENERATING FACILI-
TY, ACQUISITION OR INSTALLATION OF NEW EQUIPMENT AT AN ELECTRIC GENERAT-
ING FACILITY, REPLACEMENT OR RETROFIT OF BURNERS OR TURBINES, INSTALLA-
TION OR ACQUISITION OF ON-SITE RENEWABLE ENERGY GENERATION, INSTALLATION
OR UPGRADE OF TRANSMISSION LINES, REPLACEMENT OR REINFORCEMENT OF TRANS-
MISSION INFRASTRUCTURE, PUBLIC POLICY REPOWERING PROJECTS, ENERGY EFFI-
CIENCY PROJECTS, CLEAN ENERGY TECHNOLOGY PROJECTS, AND ANY PROGRAMS TO
FINANCE ANY SUCH PROJECTS.
S 2. The public authorities law is amended by adding a new section
1884 to read as follows:
S 1884. USE AND TRANSFER OF FUNDS. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW OR INCONSISTENT PROVISION OF AN ORDER OF THE PUBLIC SERVICE
COMMISSION OR OF A PLAN OR PROPOSAL OF THE AUTHORITY, ANY FUNDS AUTHOR-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00617-03-5
A. 450--A 2
IZED FOR USE FOR PROGRAMS BY THE AUTHORITY IN CONNECTION WITH ANY ENERGY
OR ENERGY-RELATED FEE OR SURCHARGE AUTHORIZED TO BE COLLECTED BY THE
PUBLIC SERVICE COMMISSION OR OTHERWISE MADE AVAILABLE TO THE AUTHORITY
SHALL BE DEDICATED AND USED EXCLUSIVELY FOR THE PURPOSES SPECIFIED FOR
SUCH FEE OR SURCHARGE AT THE TIME THAT SUCH COLLECTION WAS AUTHORIZED.
IN THE EVENT THAT FUNDING AVAILABLE BUT NOT ALLOCATED FOR PROGRAMS BY
THE AUTHORITY IN A CALENDAR YEAR EXCEED THE COST OF PROGRAMS AND
SERVICES OFFERED BY THE AUTHORITY IN CONNECTION WITH SUCH FEES OR
SURCHARGES DURING SUCH CALENDAR YEAR, THEN THE PUBLIC SERVICE COMMISSION
SHALL CONDUCT A PROCEEDING TO DETERMINE WHETHER IT WOULD BE IN THE
PUBLIC INTEREST TO RETURN SUCH EXCESS COLLECTIONS TO RATEPAYERS.
S 3. This act shall take effect immediately.