Senate Bill S8084

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 8084                                                 A. 10223
 
                       S E N A T E - A S S E M B L Y
 
                              March 26, 2018
                                ___________
 
 IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
   ed,  and  when  printed to be committed to the Committee on Energy and
   Telecommunications
 
 IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
   to the Committee on Corporations, Authorities and Commissions
 
 AN ACT to amend the public authorities law, in relation to directing the
   Long  Island  Power  Authority  to  establish a program for the under-
   grounding of utility facilities within its service area
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 1020-f of the public authorities law is amended by
 adding two new subdivisions (ii) and (jj) to read as follows:
   (II) ANY TOWN IN THE SERVICE AREA IS HEREBY AUTHORIZED TO ESTABLISH AN
 UNDERGROUND UTILITY IMPROVEMENT DISTRICT  UTILIZING  THE  PROVISIONS  OF
 ARTICLES  TWELVE  AND  TWELVE-A OF THE TOWN LAW FOR THE ESTABLISHMENT OF
 SPECIAL DISTRICTS. SUCH UNDERGROUND UTILITY IMPROVEMENT  DISTRICT  SHALL
 BE  ESTABLISHED  AND ADMINISTERED PURSUANT TO THE PROVISIONS OF ARTICLES
 TWELVE AND TWELVE-A OF THE TOWN LAW AND THE PROVISIONS OF THIS  SECTION.
 TO THE EXTENT THAT THE PROVISIONS OF THIS SECTION SHALL IN ANY WAY BE IN
 CONFLICT  WITH  ARTICLES  TWELVE  AND  TWELVE-A  OF  THE  TOWN  LAW, THE
 PROVISIONS OF THIS SECTION SHALL BE CONTROLLING.  AFTER  AN  UNDERGROUND
 UTILITY  IMPROVEMENT  DISTRICT  HAS BEEN ESTABLISHED, THE TOWN BOARD MAY
 TAKE SUCH ACTION AS MAY BE REQUIRED TO ADOPT  PLANS  AND  SPECIFICATIONS
 AND  ENTER  INTO  A CONTRACT OR CONTRACTS, OR TAKE SUCH OTHER ACTIONS AS
 MAY BE REQUIRED, FOR THE CONVERSION OF EXISTING OVERHEAD UTILITY FACILI-
 TIES TO UNDERGROUND  FACILITIES  AND  CONSTRUCTION  OF  NEW  UNDERGROUND
 FACILITIES FOR UTILITIES.
   (JJ)  FOR  THE  YEARS  TWO THOUSAND NINETEEN, TWO THOUSAND TWENTY, TWO
 THOUSAND TWENTY-ONE, TWO THOUSAND TWENTY-TWO AND  TWO  THOUSAND  TWENTY-
 THREE, THE CAPITAL BUDGET OF THE AUTHORITY SHALL INCLUDE FUNDING FOR THE
 CONVERSION  OF  EXISTING  OVERHEAD  UTILITY  TRANSMISSION  FACILITIES TO
 UNDERGROUND UTILITY TRANSMISSION FACILITIES OR THE CONSTRUCTION  OF  NEW
 UNDERGROUND  UTILITY  TRANSMISSION FACILITIES. THE ANNUAL AMOUNT OF SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14059-01-7

 S. 8084                             2                           A. 10223
 
 FUNDING SHALL BE IN AN AMOUNT EQUAL TO AT  LEAST  FIVE  PERCENT  OF  THE
 TOTAL  CAPITAL  BUDGET  FOR  THE  YEAR  TWO  THOUSAND  EIGHTEEN. FOR THE
 PURPOSES OF THIS SECTION, "UTILITY TRANSMISSION FACILITY" SHALL MEAN  AN
 ELECTRIC  TRANSMISSION  LINE  IN  THE SERVICE AREA, INCLUDING ASSOCIATED
 EQUIPMENT.
   1. WHERE A TOWN IN THE SERVICE AREA OF THE AUTHORITY  HAS  ESTABLISHED
 AN UNDERGROUND UTILITY IMPROVEMENT DISTRICT PURSUANT TO SUBDIVISION (II)
 OF  THIS SECTION, AND SUCH TOWN WISHES TO CONTRACT FOR THE CONVERSION OF
 EXISTING OVERHEAD UTILITY TRANSMISSION FACILITIES TO UNDERGROUND UTILITY
 TRANSMISSION FACILITIES OR THE CONSTRUCTION OF NEW  UNDERGROUND  UTILITY
 TRANSMISSION  FACILITIES,  SAID TOWN SHALL BE ENTITLED TO A CONTRIBUTION
 BY THE AUTHORITY TO THE DISTRICT OF AT LEAST EIGHTY PERCENT OF THE  COST
 OF  THE  CONSTRUCTION  OF  THE  UTILITY  TRANSMISSION  FACILITY  TO  THE
 DISTRICT, PURSUANT TO THE PROVISIONS OF THIS SUBDIVISION.  "COST"  SHALL
 BE  THE  TOTAL  COST  OF  CONSTRUCTING THE UTILITY TRANSMISSION FACILITY
 UNDERGROUND. ANY STATE OR FEDERAL AID TO CONSTRUCT SUCH  UTILITY  TRANS-
 MISSION FACILITY SHALL BE SUBTRACTED FROM THE COST.
   2. TO BE ELIGIBLE FOR SUCH PAYMENT, THE TOWN SHALL FIRST HOLD A PUBLIC
 HEARING TO DETERMINE WHETHER THE PROJECT IS IN THE GENERAL PUBLIC INTER-
 EST.  IN  DETERMINING  GENERAL PUBLIC INTEREST, THE TOWN SHALL CONSIDER:
 (I) WHETHER THE PROJECT WILL  AVOID  OR  ELIMINATE  AN  UNUSUALLY  HEAVY
 CONCENTRATION  OF  OVERHEAD  ELECTRIC PUBLIC UTILITY FACILITIES, OR (II)
 WHETHER THE STREET OR ROADWAY IS EXTENSIVELY USED BY THE GENERAL  PUBLIC
 AND  CARRIES  A  HEAVY VOLUME OF PEDESTRIAN OR VEHICLE TRAFFIC, OR (III)
 THE STREET OR ROADWAY PASSES THROUGH AN AREA WHICH IS OF GENERAL  PUBLIC
 INTEREST   BASED   UPON  OPEN  SPACE  RESOURCES,  FARMLAND  PRESERVATION
 RESOURCES,  HISTORIC  PRESERVATION  RESOURCES,   PARK   AND   RECREATION
 RESOURCES, OR SCENIC OR AESTHETIC RESOURCES.
   3.  THE AUTHORITY SHALL PAY AT LEAST EIGHTY PERCENT OF THE COST OF THE
 IMPROVEMENTS, IF THE TOWN FINDS THAT ANY OF THE THREE STANDARDS IN PARA-
 GRAPH TWO OF THIS SUBDIVISION ARE MET.
   4. ANY DETERMINATION UNDER THIS SUBDIVISION SHALL BE SUBJECT TO REVIEW
 PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
   § 2. This act shall take effect immediately.