S T A T E   O F   N E W   Y O R K
________________________________________________________________________
                                 1063--A
                       2015-2016 Regular Sessions
                            I N  S E N A T E
                             January 8, 2015
                               ___________
Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Corporations,  Authorities
  and  Commissions  --  recommitted  to  the  Committee on Corporations,
  Authorities and Commissions in accordance with Senate Rule 6,  sec.  8
  --  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  power
  authority  of the state of New York and the public authorities control
  board, and in relation to directing the New York state energy research
  and development authority to conduct a study related  to  the  state's
  natural gas infrastructure
  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
  Section 1. Subdivision 1 of section 51 of the public  authorities  law
is amended by adding a new paragraph o to read as follows:
  O. POWER AUTHORITY OF THE STATE OF NEW YORK
  S 2. Section 1005 of the public authorities law is amended by adding a
new subdivision 11-a to read as follows:
  11-A.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
AUTHORITY SHALL NOT UNDERTAKE ANY PROJECT OR SALE OF ANY ASSET EXCEEDING
ONE MILLION DOLLARS IN VALUE WITHOUT THE APPROVAL OF THE PUBLIC AUTHORI-
TIES CONTROL BOARD CREATED PURSUANT TO ARTICLE ONE-A  OF  THIS  CHAPTER.
EACH APPLICATION TO THE PUBLIC AUTHORITIES CONTROL BOARD SHALL CONTAIN A
PROJECT DESCRIPTION OR DESCRIPTION OF SALE AND AN EXPLANATION OF WHY THE
PROJECT  OR SALE MEETS THE STANDARDS FOR PROJECT APPROVAL OR APPROVAL OF
SALE SET FORTH IN THIS SUBDIVISION. THE PUBLIC AUTHORITIES CONTROL BOARD
SHALL ONLY APPROVE A PROJECT OR SALE PROPOSED BY THE AUTHORITY UPON  ITS
DETERMINATION THAT:
  A.  THE  PROJECT  OR  SALE  IS FINANCIALLY FEASIBLE AS THE STANDARD AS
DEFINED IN ARTICLE ONE-A OF THIS CHAPTER;
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06640-02-6
              
             
                          
                S. 1063--A                          2
  B. THE PROJECT OR SALE IS ANTICIPATED TO  RESULT  GENERALLY  IN  LOWER
UTILITY RATES IN THE STATE; AND
  C.  THE  PROJECT  OR SALE WILL NOT MATERIALLY ADVERSELY AFFECT OVERALL
REAL PROPERTY TAXES OR UTILITY RATES IN ANY AREAS OF THE  STATE  OF  NEW
YORK.
  S 3. Temporary special commission on restructuring the power authority
of  the state of New York. 1. There shall be a temporary special commis-
sion on restructuring the power authority of  the  state  of  New  York,
which  shall possess the powers and duties as specified in this section,
and also all powers necessary or proper to  enable  such  commission  to
carry  out  the  purposes  for  which  it  is established. The temporary
special commission shall consist of eight members as follows:    two  of
whom  shall be appointed by the governor, two of whom shall be appointed
by the temporary president of the senate, two of whom shall be appointed
by the speaker of the assembly, one of whom shall be  appointed  by  the
minority  leader of the senate and one of whom shall be appointed by the
minority leader of the assembly. Each member shall serve at the pleasure
of the respective appointing person.  One of the  members  appointed  by
the  governor shall be selected by the governor to serve as chair of the
temporary special commission. The temporary special commission shall  be
subject  to articles 6 and 7 of the public officers law.  Each member of
the temporary special commission shall be subject to the  provisions  of
article 4 of the public officers law.
  2. The temporary special commission on restructuring the power author-
ity of the state of New York shall have the power and duty to:
  (a)  conduct  hearings, discussions, and negotiations among members of
the public, affected businesses, and representatives of government; and
  (b) issue a final report to the  governor  and  legislature  detailing
recommendations on restructuring the power authority of the state of New
York,  including, but not limited to, the following issues: the divesti-
ture of  such  authority's  non-hydroelectric  generation  assets;  such
authority's  role  as  a transmission provider; such authority's role in
the power for jobs and economic development power programs; such author-
ity's energy efficiency programs; such  authority's  relationship  with,
and  obligation  to,  host  communities,  including, but not limited to,
payments-in-lieu of taxes to local municipalities and school  districts,
economic  development  investments,  and community revitalization initi-
atives; and such authority's role in a deregulated energy market. On  or
before  September  1, 2018 such commission shall transmit such report to
the governor, the speaker of the assembly, the minority  leader  of  the
assembly,  the temporary president of the senate, the minority leader of
the senate, the chairman of the assembly energy committee and the chair-
man of the senate energy and telecommunications committee.
  S 4. The public authorities law is amended by  adding  a  new  section
1855-a to read as follows:
  S 1855-A. NATURAL GAS SUPPLY AND INFRASTRUCTURE STUDY. 1. THE AUTHORI-
TY  SHALL  UNDERTAKE A STUDY OF ISSUES, INCLUDING BUT NOT LIMITED TO THE
SUPPLY, TRANSPORTATION, PIPELINE CAPACITY, DISTRIBUTION AND  STORAGE  OF
NATURAL  GAS IN NEW YORK STATE. THE AUTHORITY MAY CONTRACT WITH AN INDE-
PENDENT AND COMPETITIVELY SELECTED CONTRACTOR TO UNDERTAKE  SUCH  STUDY.
THE  AUTHORITY  SHALL  PREPARE  A REPORT ON ITS FINDINGS AND LEGISLATIVE
RECOMMENDATIONS. ON OR BEFORE SEPTEMBER FIRST,  TWO  THOUSAND  EIGHTEEN,
THE  AUTHORITY SHALL TRANSMIT SUCH REPORT TO THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY,  THE  CHAIRMAN  OF
THE  SENATE  ENERGY AND TELECOMMUNICATIONS COMMITTEE AND THE CHAIRMAN OF
THE ASSEMBLY ENERGY COMMITTEE.
S. 1063--A                          3
  2. THE STUDY SHALL INCLUDE, AT A MINIMUM, AN ASSESSMENT OF EACH OF THE
FOLLOWING:
  (A)  CURRENT  UTILITY  PRACTICES IN PROCURING THE COMMODITY OF NATURAL
GAS AND A COMPARISON, BY UTILITY TERRITORY IN THE STATE, OF  IMPACTS  ON
RATES  FOR  END-USE CUSTOMERS; (B) THE CURRENT AND PROJECTED ADEQUACY OF
THE  NATURAL  GAS  INFRASTRUCTURE,  INCLUDING  TRANSPORTATION,  PIPELINE
CAPACITY,  DISTRIBUTION  AND  STORAGE IN NEW YORK STATE; (C) ADEQUACY OF
TRANSPORTATION AND DISTRIBUTION IN DENSELY POPULATED AREAS OF THE  STATE
AND  IN  RURAL  AREAS  OF  THE  STATE; (D) INVESTMENT IN INFRASTRUCTURE,
INCLUDING CAPITAL IMPROVEMENTS, UTILIZATION OF  NEW  TECHNOLOGY,  EXPAN-
SIONS,  AND MAINTENANCE; (E) THE ADEQUACY OF TRANSPORTATION AND DISTRIB-
UTION INFRASTRUCTURE IN AREAS WHERE NATURAL GAS FUELED ELECTRIC GENERAT-
ING PLANTS ARE PROPOSED; (F) INDIGENOUS SOURCES OF NATURAL  GAS  IN  THE
STATE;  (G)  WORKFORCE  ADEQUACY,  INCLUDING THE AVAILABILITY OF SKILLED
LABORERS  AND  THE  ADEQUACY  OF  SKILLS  TRAINING  AND   APPRENTICESHIP
PROGRAMS;  AND  (H)  THE  POTENTIAL IMPACT OF DISTRIBUTED GENERATION AND
COMBINED HEAT AND  POWER  SYSTEMS  ON  NATURAL  GAS  TRANSPORTATION  AND
DISTRIBUTION SYSTEM ADEQUACY.
  S 5. This act shall take effect immediately.