S T A T E O F N E W Y O R K
________________________________________________________________________
3615
2015-2016 Regular Sessions
I N S E N A T E
February 13, 2015
___________
Introduced by Sen. FUNKE -- 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 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, ANY FUNDS COLLECTED BY THE AUTHORITY IN CONNECTION WITH ANY
ENERGY OR ENERGY-RELATED FEE OR SURCHARGE AUTHORIZED BY THE PUBLIC
SERVICE COMMISSION SHALL BE DEDICATED AND USED EXCLUSIVELY FOR THE
PURPOSES SPECIFIED BY THE PUBLIC SERVICE COMMISSION FOR SUCH FEE OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00617-01-5
S. 3615 2
SURCHARGE. IN THE EVENT THAT COLLECTIONS BY THE AUTHORITY IN A CALENDAR
YEAR EXCEED THE COST OF PROGRAMS AND SERVICES OFFERED IN CONNECTION WITH
SUCH FEES OR SURCHARGES DURING SUCH CALENDAR YEAR, THEN SUCH EXCESS
COLLECTIONS SHALL BE RETURNED TO RATEPAYERS PURSUANT TO A PROCEEDING
ESTABLISHED BY THE PUBLIC SERVICE COMMISSION.
S 3. This act shall take effect immediately.