NY State Senate Bill 2015-S8132

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 13, 2016	referred to rules

2015-S8132 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Public Authorities Law
Laws Affected:: Rpld & add Part TT §30, amd §31, Chap 54 of 2016

2015-S8132 (ACTIVE) - Summary

Relates to eliminating the canal corporation in relation to an implementation plan for continuing and reconstituting the NYS canal corporation as a subsidiary corporation of the power authority of NYS and transferring powers and duties regarding the NYS canal system from the NYS thruway authority to the power authority of NYS.

2015-S8132 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S8132

 TITLE OF BILL :

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
continuing 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
authority of the state of New York and authorizing the power authority
to establish a task force, and the effectiveness thereof; and to
repeal section 30 of part TT of such law relating thereto

 PURPOSE :

To establish a framework for the implementation plan dealing with the
transfer of the New York state canal system from the New York state
thruway authority to the power authority of the state of New York.

 SUMMARY OF PROVISIONS :

Section one (a) establishes the guideline for what the implementation
plan shall address, including: a description of how canal corporation
property is to be incorporated in the power authority; the effect of

the transfer on the power authority's ability to continue its various
economic development and other low cost power related programs; and a
report on the status of collective bargaining negotiations.

Section one (b) states that the plan is to be completed and submitted
to the governor and both houses of the legislature by October 1, 2016;

Section one (c) states that on October 1, 2017, the power authority
must submit to the governor and both houses of the legislature a
status report of the transition;

Section one (d) establishes that in three years a task force is to be
created to determine if canal corporation should stay in the power
authority or become a standalone entity;

 JUSTIFICATION :

As part of the 2016-17 state budget, the canal corporation was
transferred from the thruway authority to the power authority. This
legislation would amend the budget language to provide a guideline on
what topics and elements the power authority and the canal corporation
shall consider in implementing to the transition of the canal
corporation from the thruway authority to the power authority.

The legislation seeks to ensure that the power authority can
successfully incorporate the canal corporation into its structure,
while not threatening its existing economic development and low cost
power programs.

 PRIOR LEGISLATIVE HISTORY :

The transfer authorization language was enacted in the 2016-17 state
budget in part TT of chapter 54 of 2016.

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
Immediately

2015-S8132 (ACTIVE) - Bill Text download pdf

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

                                  8132

                            I N  S E N A T E

                              June 14, 2016
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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
  establish a task force, 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
POWER PROGRAMS THAT SUPPORT ECONOMIC DEVELOPMENT IN THE STATE, INCLUDING

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

                                                           LBD15883-01-6

S. 8132                             2

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  HYDRO-
POWER  PURCHASES  BY  PREFERENCE  CUSTOMERS, INCLUDING PUBLIC BODIES AND
NON-PROFIT COOPERATIVES.
  (B) THE POWER AUTHORITY SHALL COMPLETE THE REPORT AND SUBMIT COPIES OF
THE REPORT 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.
  (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.
  (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

S. 8132                             3

COMMITTEE,  THE  CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF THE
ASSEMBLY ENERGY COMMITTEE AND THE CHAIR OF THE SENATE ENERGY COMMITTEE.
  (D) A REQUIREMENT THAT THREE YEARS FROM THE ENACTMENT OF THIS SECTION,
THE GOVERNOR AND THE LEGISLATURE SHALL ESTABLISH A TASK FORCE TO EXAMINE
THE  SUCCESS  OR  FAILURE  OF THE INCORPORATION OF THE CANAL CORPORATION
INTO THE POWER AUTHORITY AND THE TASK FORCE SHALL  MAKE  RECOMMENDATIONS
REGARDING WHETHER TO ESTABLISH THE CANAL CORPORATION AS A SEPARATE ENTI-
TY FROM THE POWER AUTHORITY.
  S 2. Section 31 of part TT of chapter 54 of the laws of 2016, relating
to eliminating the canal corporation, is amended to read as follows:
  S  31. This act shall take effect on January 1, 2017; provided, howev-
er, that sections five [and], twenty-eight AND THIRTY of this act  shall
take effect immediately.
  S 3. This act shall take effect immediately.

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Senate Bill S8132

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

2015-S8132 (ACTIVE) - Details

2015-S8132 (ACTIVE) - Summary

2015-S8132 (ACTIVE) - Sponsor Memo

2015-S8132 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8132

Share this bill

Sponsored By

Joseph A. Griffo

Archive: Last Bill Status - In Senate Committee Rules Committee

2015-S8132 (ACTIVE) - Details

2015-S8132 (ACTIVE) - Summary

2015-S8132 (ACTIVE) - Sponsor Memo

2015-S8132 (ACTIVE) - Bill Text download pdf

Comments