Senate Bill S4457

2017-2018 Legislative Session

Prevents gas and electric companies from expanding transmission lines or electric generating facilities for lines and facilities originating outside of New York

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Archive: Last Bill Status - In Senate Committee Energy And Telecommunications 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to energy and telecommunications
Feb 15, 2017	referred to energy and telecommunications

2017-S4457 (ACTIVE) - Details

See Assembly Version of this Bill:: A5463
Current Committee:: Senate Energy And Telecommunications
Law Section:: Transportation Corporations Law
Laws Affected:: Amd §11, Transp Corps L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A4814
2015-2016: A3105
2019-2020: S1565

2017-S4457 (ACTIVE) - Summary

Prevents gas and electric companies from expanding transmission lines or electric generating facilities for lines and facilities originating outside of New York.

2017-S4457 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4457

 TITLE OF BILL :

An act to amend the transportation corporations law, in relation to
the powers of gas and electric corporations

 PURPOSE :

To limit efforts to use eminent domain to public purposes.

 SUMMARY OF PROVISION :

Provides that (1) electric corporations that seek, through themselves
or through one or more affiliated interests, to build or expand
transmission lines connecting a location outside the territorial
limits of the United States to a location within the State of New York
or (2) electric corporations seeking to build or expand an electric
facility outside the United States and inter-connecting to a location
within the State, shall not be afforded the power of eminent domain.

 JUSTIFICATION :

The power of eminent domain should be used to achieve public purposes
that inure to the benefit of the State. Transmission and generation
projects that originate outside the territorial limits of the United

States do not sufficiently benefit New York State and do not
sufficient- ly encourage employment opportunities or economic
development within the State. Such projects will (1) discourage
repowering of existing generat- ing facilities within the State, (2)
discourage the rebuilding of exist- ing transmission lines in the
State, and (3) discourage the building of new transmission lines and
generating facilities, including renewable resources, within the
State. Construction and development of these facilities and
infrastructure in New York State, rather than outside the country,
maximizes employment and economic development in New York State and in
our nation. Furthermore, by importing power from outside the United
States, our nation's dependency on foreign imports of energy is
increased.

 LEGISLATIVE HISTORY :

2011/2012: A10530 referred to judiciary
2013/2014: A4814 referred to judiciary

 FISCAL IMPLICATIONS :

None.

 LOCAL FISCAL IMPLICATIONS :

None.

2017-S4457 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4457
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 15, 2017
                                ___________
 
 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 transportation corporations law, in relation to the
   powers of gas and electric corporations
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Section  11  of  the transportation corporations law is
 amended by adding a new subdivision 8 to read as follows:
   8. SUBDIVISIONS THREE, THREE-A AND THREE-B OF THIS SECTION  SHALL  NOT
 APPLY TO ANY ELECTRIC CORPORATION WHICH:
   (A) SEEKS, THROUGH ITSELF, OR THROUGH ONE OR MORE AFFILIATED INTERESTS
 AS DEFINED IN PARAGRAPH (C) OF THIS SUBDIVISION, TO EITHER BUILD A TRAN-
 SMISSION  LINE  OR  TO EXPAND AN EXISTING TRANSMISSION LINE WHICH TRANS-
 MISSION LINE ORIGINATES AT A LOCATION OUTSIDE OF THE TERRITORIAL  LIMITS
 OF  THE  UNITED  STATES  OF AMERICA AND EXTENDS TO A LOCATION WITHIN THE
 STATE OF NEW YORK; OR
   (B) SEEKS, THROUGH ITSELF, OR THROUGH ONE OR MORE AFFILIATED INTERESTS
 AS DEFINED IN PARAGRAPH (C) OF THIS  SUBDIVISION,  TO  EITHER  BUILD  AN
 ELECTRIC GENERATING FACILITY, OR TO EXPAND AN EXISTING ELECTRIC GENERAT-
 ING  FACILITY  THAT  IS LOCATED OUTSIDE OF THE TERRITORIAL LIMITS OF THE
 UNITED STATES OF AMERICA TOGETHER WITH BUILDING OR  OTHERWISE  UTILIZING
 AN  EXISTING  ELECTRICAL  INTERCONNECTION  TO A POINT LOCATED WITHIN THE
 STATE OF NEW YORK.
   (C) FOR THE PURPOSES OF THIS SUBDIVISION, THE  FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   I.  "AFFILIATED  INTERESTS"  SHALL  INCLUDE BUT NOT BE LIMITED TO, ANY
 PERSON WHICH DIRECTLY, INDIRECTLY, OR CONSTRUCTIVELY:
   A. CONTROLS ANOTHER PERSON;
   B. IS CONTROLLED BY ANOTHER PERSON; OR

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09812-01-7

 S. 4457                             2
 
   C. IS, ALONG WITH ANOTHER  PERSON,  UNDER  THE  CONTROL  OF  A  COMMON
 PARENT.
   II.  "CONTROL"  MEANS  POSSESSION OF THE POWER TO DIRECT, OR CAUSE THE
 DIRECTION OF, THE MANAGEMENT AND POLICIES OF ANOTHER PERSON.
   III. "PERSON" MEANS ANY INDIVIDUAL, CORPORATION, PUBLIC BENEFIT CORPO-
 RATION, POLITICAL SUBDIVISION, SOVEREIGN OR  TRIBAL  NATION,  GOVERNMENT
 AGENCY,  MUNICIPALITY,  PARTNERSHIP,  CO-OPERATIVE ASSOCIATION, TRUST OR
 ESTATE.
   § 2. This act shall take effect immediately.

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Senate Bill S4457

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Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

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2017-S4457 (ACTIVE) - Details

2017-S4457 (ACTIVE) - Summary

2017-S4457 (ACTIVE) - Sponsor Memo

2017-S4457 (ACTIVE) - Bill Text download pdf

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Sponsored By

Rich Funke

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Actions

2017-S4457 (ACTIVE) - Details

2017-S4457 (ACTIVE) - Summary

2017-S4457 (ACTIVE) - Sponsor Memo

2017-S4457 (ACTIVE) - Bill Text download pdf

Comments