NY State Senate Bill 2017-S8226

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	committed to rules
May 22, 2018	advanced to third reading
May 16, 2018	2nd report cal.
May 15, 2018	1st report cal.1249
Apr 19, 2018	referred to corporations, authorities and commissions

Votes

- May 15, 2018 - Corporations, Authorities And Commissions Committee Vote
  S8226
  
  5
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Corporations, Authorities And Commissions Committee Vote: May 15, 2018
      
      aye (5)
      
      Alcantara
      
      Amedore
      
      Larkin
      
      Ortt
      
      Ranzenhofer
      
      aye wr (2)
      
      Comrie
      
      Kavanagh

2017-S8226 (ACTIVE) - Details

See Assembly Version of this Bill:: A10224
Current Committee:: Senate Rules
Law Section:: Public Authorities Law
Laws Affected:: Amd §51, add §1005-e, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S2265, A761
2021-2022: S5846
2023-2024: S3014

2017-S8226 (ACTIVE) - Summary

Relates to applications for the approval and construction of energy-related projects of the New York Power Authority by the public authorities control board.

2017-S8226 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8226

SPONSOR: RANZENHOFER
 
TITLE OF BILL:  An act to amend the public authorities law, in
relation to applications for the approval and construction of energy-re-
lated projects

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would add the Power Authority of the State of New York to the
list of authorities which must submit projects and undertakings for
approval by the Public Authorities Control Board, and would ensure that
projects of this and other authorities that involve energy generation or
transmission can be examined for consistency with the State Energy Plan
and other environmental and energy-related policies.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends § 51 of the Public Authorities Law to add
the Power Authority of the State of New York to the list of 14 other
public benefit corporations that must submit proposed projects to the

Public Authorities Control Board (PACB) for its review and approval.
This section is also amended to provide that, when reviewing a proposal
from the Power Authority or the other two authorities already subject to
PACB oversight that engage in projects involving energy generation and
transmission (the Long Island Power Authority and the North Country
Power Authority), the PACB may consider the consistency of such a
project with the current State energy plan and other State environmental
and energy-related policies.

Section two adds a new section 1005-d to the Public Authorities Law to
provide that the Power Authority shall not make any commitment, enter
into any agreement nor incur any indebtedness unless prior approval has
been received from the PACB.

Section three provides the effective date.

 
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER Although similar
authorities such as LIPA and the North Country Power Authority are
subject to PACB oversight, the Power Authority to date has not been
subject to this important fiscal safeguard.

 
JUSTIFICATION:

The Public Authorities Control Board (PACB) provides independent over-
sight of the proposed actions of public authorities to ensure that they
are financially feasible and prudent. Recent events have indicated that
there may be substantial public benefit to extending this oversight to
projects of the Power Authority. In addition, the reviews of projects
involving energy generation or transmission would be enhanced by giving
the PACB the opportunity to ensure that they are consistent with the
current State Energy Plan and with other applicable environmental and
energy-related policies.

 
PRIOR LEGISLATIVE HISTORY:

2017: A.4695- Referred to Corporations.
2013-14: A.3187- Referred to Corporations/ S.4119- Referred to Corpo-
rations.
2011-12: A.7644 -Referred to Corporations.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Review of the Power Authority's projects will protect the interests of
New York taxpayers.

 
EFFECTIVE DATE:
Immediately.

2017-S8226 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8226
 
                             I N  S E N A T E
 
                              April 19, 2018
                                ___________
 
 Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
   when printed to be committed to the Committee on Corporations, Author-
   ities and Commissions
 
 AN ACT to amend the public authorities law, in relation to  applications
   for the approval and construction of energy-related projects
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1 and 3 of section 51 of the  public  authori-
 ties  law,  subdivisions  1 and 3 as added by chapter 838 of the laws of
 1983, paragraph k of subdivision 1 as added by chapter 506 of  the  laws
 of  1995,  paragraph  l  of subdivision 1 as added by chapter 468 of the
 laws of 2004, paragraph m of subdivision 1 as added  by  section  10  of
 part  E  of chapter 494 of the laws of 2009, and paragraph n of subdivi-
 sion 1 as added by chapter 533 of the laws of 2010, are amended to  read
 as follows:
   1.  The New York state public authorities control board shall have the
 power and it shall be its duty to receive applications for  approval  of
 the  financing  and  construction  of any project proposed by any of the
 following state public benefit corporations:
   a. New York state environmental facilities corporation
   b. New York state housing finance agency
   c. New York state medical care facilities finance agency
   d. Dormitory authority
   e. New York state urban development corporation
   f. Job development authority
   g. Battery park city authority
   h. New York state project finance agency
   i. State of New York mortgage agency
   j. New York state energy research and development authority
   k. Long Island Power Authority
   l. Albany Convention Center Authority
   m. State of New York Municipal  Bond  Bank  Agency  for  bonds  issued
 pursuant to section two thousand four hundred thirty-six-b of this chap-
 ter
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD09569-02-8

 S. 8226                             2
 
   n. North Country Power Authority
   O. POWER AUTHORITY OF THE STATE OF NEW YORK
 Any  application  made  concerning  a  project  shall include the terms,
 conditions and dates of the repayment of state appropriations authorized
 by law pursuant to a repayment agreement. Any subsidiary of,  or  corpo-
 ration  with  the  same members or directors as, a public benefit corpo-
 ration subject to the provisions of this section shall also  be  subject
 to  the  provisions of this section. All applications and submissions to
 the board required to be made by a subsidiary shall be made on behalf of
 such subsidiary by the public  benefit  corporation  which  created  the
 subsidiary.  No  public benefit corporation subject to the provisions of
 this section shall make any commitment,  enter  into  any  agreement  or
 incur  any  indebtedness  for the purpose of acquiring, constructing, or
 financing any project unless prior approval has been received  from  the
 board by such public benefit corporation as provided herein.
   3.  The  board  may  approve  applications only upon its determination
 that, with relation to any proposed project, there  are  commitments  of
 funds  sufficient  to  finance  the acquisition and construction of such
 project.  In determining the sufficiency of commitments  of  funds,  the
 board  may  consider  commitments of funds, projections of fees or other
 revenues and security, which  may,  in  the  discretion  of  the  board,
 include collateral security sufficient to retire a proposed indebtedness
 or  protect  or  indemnify  against potential liabilities proposed to be
 undertaken. IN REVIEWING AN  APPLICATION  FROM  THE  LONG  ISLAND  POWER
 AUTHORITY,  THE  NORTH COUNTRY POWER AUTHORITY OR THE POWER AUTHORITY OF
 THE STATE OF NEW YORK FOR THE APPROVAL OF ANY PROJECT RELATED TO  ENERGY
 GENERATION  OR  TRANSMISSION, IN ADDITION TO DETERMINING THE SUFFICIENCY
 OF COMMITMENTS OF FUNDS AND ANY OTHER REQUIRED REVIEWS,  THE  BOARD  MAY
 CONSIDER  THE  CONSISTENCY  OF THE PROJECT WITH THE CURRENT STATE ENERGY
 PLAN AND OTHER STATE ENVIRONMENTAL AND ENERGY-RELATED POLICIES.  A  copy
 of  such determination shall be submitted to the chief executive officer
 of the appropriate public benefit corporation and the state comptroller.
   § 2. The public authorities law is amended by  adding  a  new  section
 1005-e to read as follows:
   §  1005-E.  APPROVAL  OF  CERTAIN  ACTIONS  BY  THE PUBLIC AUTHORITIES
 CONTROL BOARD. THE AUTHORITY SHALL NOT MAKE ANY COMMITMENT,  ENTER  INTO
 ANY  AGREEMENT NOR INCUR ANY INDEBTEDNESS UNLESS PRIOR APPROVAL HAS BEEN
 RECEIVED FROM THE NEW YORK STATE PUBLIC AUTHORITIES CONTROL BOARD PURSU-
 ANT TO ARTICLE ONE-A OF THIS CHAPTER.
   § 3. This act shall take effect immediately.

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Senate Bill S8226

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

May 15, 2018 - Corporations, Authorities And Commissions Committee Vote

Corporations, Authorities And Commissions Committee Vote: May 15, 2018

2017-S8226 (ACTIVE) - Details

2017-S8226 (ACTIVE) - Summary

2017-S8226 (ACTIVE) - Sponsor Memo

2017-S8226 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8226

Share this bill

Sponsored By

Michael H. Ranzenhofer

Archive: Last Bill Status - In Senate Committee Rules Committee

2017-S8226 (ACTIVE) - Details

2017-S8226 (ACTIVE) - Summary

2017-S8226 (ACTIVE) - Sponsor Memo

2017-S8226 (ACTIVE) - Bill Text download pdf

Comments