NY State Senate Bill 2019-S1565

Senate Bill S1565

2019-2020 Legislative Session

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

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to energy and telecommunications
Jan 15, 2019	referred to energy and telecommunications

2019-S1565 (ACTIVE) - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Transportation Corporations Law
Laws Affected:: Amd §11, Transp Corps L
Versions Introduced in 2017-2018 Legislative Session:: S4457

2019-S1565 (ACTIVE) - Summary

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

2019-S1565 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1565

SPONSOR: FUNKE
 
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 trans-
mission 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.

2019-S1565 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1565
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2019
                                ___________
 
 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.
                                                            LBD07171-01-9

 S. 1565                             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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