Assembly Bill A10733

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

                                  10733

                          I N  A S S E M B L Y

                              June 14, 2016
                               ___________

Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Brennan,
  Brindisi, Russell) -- read once  and  referred  to  the  Committee  on
  Corporations, Authorities and Commissions

AN  ACT to amend part TT of chapter 54 of the laws of 2016, amending the
  public authorities law and other  laws  relating  to  eliminating  the
  canal  corporation, in relation to an implementation plan for continu-
  ing and reconstituting the New  York  state  canal  corporation  as  a
  subsidiary corporation of the power authority of the state of New York
  and  transferring powers and duties regarding the New York state canal
  system from the New York state thruway authority to the power authori-
  ty of the state of New York and authorizing  the  power  authority  to
  prepare a report, and the effectiveness thereof; and to repeal section
  30 of part TT 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. Section 30 of part TT of chapter 54 of the  laws  of  2016,
relating  to  eliminating  the  canal  corporation is REPEALED and a new
section 30 is added to read as follows:
  S 30. (A) THE POWER AUTHORITY SHALL  PREPARE  AN  IMPLEMENTATION  PLAN
("PLAN")  FOR  CONTINUING  AND RECONSTITUTING THE CANAL CORPORATION AS A
SUBSIDIARY CORPORATION OF THE  POWER  AUTHORITY,  AND  THE  TRANSFER  OF
POWERS,  DUTIES  AND RESPONSIBILITIES REGARDING THE NEW YORK STATE CANAL
SYSTEM FROM THE THRUWAY AUTHORITY TO THE POWER AUTHORITY  (COLLECTIVELY,
"CANAL  TRANSFER"),  AS  PROVIDED  FOR IN THIS ACT. THE PLAN SHALL, AT A
MINIMUM, CONTAIN THE FOLLOWING ELEMENTS:
  (I) A DESCRIPTION OF THE GENERAL MANNER IN WHICH THE  POWER  AUTHORITY
EXPECTS TO IMPLEMENT THE CANAL TRANSFER, INCLUDING DETAILS ON:
  1.  IMPLEMENTATION  AND  INTEGRATION OF INFORMATION TECHNOLOGY SYSTEMS
FOR THE POWER AUTHORITY AND THE CANAL CORPORATION;
  2. MANAGEMENT OF THE CANAL CORPORATION PROPERTY; AND
  3. PROVISION OF SPACE  FOR  CANAL  CORPORATION  PERSONNEL,  EQUIPMENT,
OPERATIONS, AND FACILITIES;
  (II)  A SPECIFIC ACCOUNTING OF THE IMPACT OF THE CANAL TRANSFER ON THE
POWER AUTHORITY'S CURRENT FISCAL CAPACITY  TO  IMPLEMENT  ITS  LOW  COST

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

                                                           LBD15894-01-6

A. 10733                            2

POWER PROGRAMS THAT SUPPORT ECONOMIC DEVELOPMENT IN THE STATE, INCLUDING
THE  EXPANSION POWER, REPLACEMENT POWER, PRESERVATION POWER AND RECHARGE
NEW YORK POWER PROGRAMS;
  (III) A SPECIFIC ACCOUNTING OF THE IMPACT OF THE CANAL TRANSFER ON THE
POWER  AUTHORITY'S  CURRENT  FISCAL  CAPACITY TO IMPLEMENT ITS FINANCIAL
INCENTIVE PROGRAMS THAT  SUPPORT  ECONOMIC  DEVELOPMENT  IN  THE  STATE,
INCLUDING  THE WESTERN NEW YORK ECONOMIC DEVELOPMENT FUND AND INDUSTRIAL
INCENTIVE AWARD PROGRAMS;
  (IV) A SPECIFIC ACCOUNTING OF THE IMPACT OF THE CANAL TRANSFER ON  THE
POWER  AUTHORITY'S  CURRENT  FISCAL  CAPACITY  TO  IMPLEMENT  ITS  OTHER
PROGRAMS OR ACTIVITIES ASSOCIATED WITH ITS CORE  MISSION,  SUCH  AS  ITS
FEDERAL  PREFERENCE POWER PROGRAM, AND ENERGY-RELATED PROJECTS, PROGRAMS
AND SERVICES PROVIDED FOR IN SUBDIVISION SEVENTEEN OF SECTION ONE  THOU-
SAND FIVE OF THE PUBLIC AUTHORITIES LAW;
  (V)  A  REQUIREMENT  THAT THE RIGHTS AND PRIVILEGES OF POWER AUTHORITY
EMPLOYEES AND CANAL  CORPORATION  EMPLOYEES  UNDER  EXISTING  COLLECTIVE
BARGAINING  AGREEMENTS WILL NOT BE ADVERSELY IMPACTED AT THE TIME OF THE
CANAL TRANSFER;
  (VI) A REPORT ON THE STATUS OF RELEVANT COLLECTIVE BARGAINING  NEGOTI-
ATIONS, INCLUDING, BUT NOT LIMITED TO, A PLAN FOR RESOLUTION OF CONTRACT
DISPUTES INVOLVING CANAL CORPORATION AND POWER AUTHORITY EMPLOYEES; AND
  (VII)  A  COMMITMENT THAT THE RATES FOR THE POWER AUTHORITY PRODUCTION
AND TRANSMISSION PROGRAMS WILL CONTINUE TO BE BASED ON GENERALLY-ACCEPT-
ED COST ALLOCATION AND RATEMAKING PRINCIPLES AND CONFIRMATION THAT NOTH-
ING HEREIN SHALL HAVE THE DIRECT EFFECT OF INCREASING  RATES  FOR  POWER
AUTHORITY  RETAIL  ELECTRICITY  CUSTOMERS,  ECONOMIC DEVELOPMENT PROGRAM
CUSTOMERS, AND ANY OTHER CUSTOMERS OR PROGRAM BENEFICIARIES OF THE POWER
AUTHORITY.
  (B) THE POWER AUTHORITY SHALL COMPLETE THE PLAN AND SUBMIT  COPIES  OF
THE  PLAN  TO  THE  GOVERNOR, THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY
PRESIDENT OF THE SENATE, THE MINORITY LEADER OF THE ASSEMBLY, THE MINOR-
ITY LEADER OF THE SENATE, THE CHAIR  OF  THE  ASSEMBLY  WAYS  AND  MEANS
COMMITTEE,  THE  CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF THE
ASSEMBLY ENERGY COMMITTEE AND THE CHAIR OF THE SENATE  ENERGY  COMMITTEE
NO LATER THAN OCTOBER FIRST, TWO THOUSAND SIXTEEN.
  (C)(I)  IN  ADDITION  TO  THE IMPLEMENTATION PLAN PROVIDED FOR IN THIS
ACT, THE POWER AUTHORITY SHALL PREPARE A REPORT WHICH SHALL, AT A  MINI-
MUM, CONTAIN THE FOLLOWING ELEMENTS:
  1.  A  REVIEW OF CURRENT PROGRAMS RELATING TO THE NEW YORK STATE CANAL
SYSTEM ("CANAL SYSTEM") (INCLUDING BY WAY OF EXAMPLE  PROGRAMS  RELATING
TO  GRANTS,  MARKETING/PROMOTION AND USES OF CANAL SYSTEM PROPERTY), AND
RECOMMENDATIONS FOR THE ELIMINATION,  MODIFICATION  AND  ENHANCEMENT  OF
PROGRAMS;
  2. A REVIEW OF RECENT HISTORICAL TRENDS RELATING TO USAGE AND ECONOMIC
DEVELOPMENT ACTIVITIES OF THE CANAL SYSTEM;
  3.  A  REVIEW  OF CURRENT REVENUE SOURCES SUPPORTING THE CANAL SYSTEM,
AND DISCUSSION OF POSSIBLE NEW SOURCES OF REVENUE AND FINANCIAL  SUPPORT
FOR THE CANAL SYSTEM, INCLUDING FEDERAL ASSISTANCE AND SPONSORSHIPS;
  4. A REPORT ON THE STATUS OF ANY ONGOING COLLECTIVE BARGAINING NEGOTI-
ATIONS;
  5.  A  PRELIMINARY ANALYSIS OF THE FEASIBILITY OF DEVELOPING RENEWABLE
ENERGY RESOURCES WITHIN THE CANAL SYSTEM; AND
  6. A PRELIMINARY ANALYSIS  OF  POSSIBLE  SYNERGIES  THAT  MIGHT  EXIST
BETWEEN THE CANAL SYSTEM/CANAL CORPORATION, AND POWER AUTHORITY OR OTHER
ENTITIES.

A. 10733                            3

  (II)  THE  POWER AUTHORITY SHALL COMPLETE THE REPORT AND SUBMIT COPIES
OF THE REPORT TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY,  THE  TEMPO-
RARY  PRESIDENT  OF THE SENATE, THE MINORITY LEADER OF THE ASSEMBLY, THE
MINORITY LEADER OF THE SENATE, THE CHAIR OF THE ASSEMBLY WAYS AND  MEANS
COMMITTEE,  THE  CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF THE
ASSEMBLY ENERGY COMMITTEE AND THE CHAIR OF THE SENATE  ENERGY  COMMITTEE
NO LATER THAN OCTOBER FIRST, TWO THOUSAND SEVENTEEN.
  S 2. Section 31 of part TT of chapter 54 of the laws of 2016, relating
to eliminating the canal corporation, is renumbered section 32 and a new
section 31 is added to read as follows:
  S 31. THE GOVERNOR IS HEREBY AUTHORIZED TO APPOINT A TASK FORCE ("TASK
FORCE") CONSISTING OF NOT LESS THAN THREE PERSONS WHICH SHALL BE AUTHOR-
IZED  TO PREPARE A REPORT ("REPORT") ADDRESSING THE STATUS OF THE TRANS-
FER OF THE CANAL CORPORATION, AND THE POWERS,  DUTIES  AND  RESPONSIBIL-
ITIES  REGARDING  THE  CANAL  SYSTEM,  FROM THE THRUWAY AUTHORITY TO THE
POWER AUTHORITY. THE TASK FORCE SHALL COMPLETE  THE  REPORT,  AND  SHALL
SUBMIT  COPIES  OF THE REPORT TO THE GOVERNOR, THE SPEAKER OF THE ASSEM-
BLY, THE TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY LEADER  OF  THE
ASSEMBLY,  THE  MINORITY LEADER OF THE SENATE, THE CHAIR OF THE ASSEMBLY
WAYS AND MEANS COMMITTEE, THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE
CHAIR OF THE ASSEMBLY ENERGY COMMITTEE AND THE CHAIR OF THE SENATE ENER-
GY COMMITTEE, ON OR BEFORE OCTOBER FIRST, TWO THOUSAND EIGHTEEN.
  S 3. Section 32 of part TT of chapter 54 of the laws of 2016, relating
to eliminating the canal corporation, as renumbered by  section  two  of
this act is amended to read as follows:
  S  32. This act shall take effect on January 1, 2017; provided, howev-
er, that sections five [and], twenty-eight,  THIRTY  AND  THIRTY-ONE  of
this act shall take effect immediately.
  S 4. This act shall take effect immediately.