NY State Senate Bill 2019-S2151

Senate Bill S2151

2019-2020 Legislative Session

Requires the public service commission to provide notice and opportunity to comment to local community boards in N.Y. city before sale of land by utility

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 22, 2019	referred to energy and telecommunications

2019-S2151 (ACTIVE) - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd §107, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S2525
2013-2014: S603
2015-2016: S2477
2017-2018: S3162
2021-2022: S1246
2023-2024: S175

2019-S2151 (ACTIVE) - Summary

Directs the public service commission to provide notice, in a city having a population of one million or more, to the appropriate local community board prior to such commission's consideration of granting permission to a gas corporation or electric corporation furnishing utility service to acquire or sell land; establishes that such community boards shall also be provided with the opportunity to submit comments and recommendations on the proposed sale or acquisition; directs the public service commission to address and respond to such comments and recommendations.

2019-S2151 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2151

SPONSOR: GIANARIS
 
TITLE OF BILL:  An act to amend the public service law, in relation to
requiring the public service commission to provide the appropriate local
community board in a city with a population of one million or more with
notice of and opportunity to comment and make recommendations on any
proposed sale or acquisition of real property by a gas corporation or
electric corporation furnishing utility service

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 107 of the public service law is amended by adding a new subdi-
vision 3 which states that the PSC shall provide the local community
board having jurisdiction over the property with notice of the proposed
transaction within ten days of receiving an application for approval of
the transaction.

The local community board will submit written comments and recommenda-
tions to the commission on the proposed transaction within thirty days
of receiving such notice which the commission is required to respond to,
prior to making its determination of the application.

 
JUSTIFICATION:

When gas or electric corporation attempts to sell or acquire land in
cities with a population of one million or more, the transfers require
approval from the Public Service Commission, but at no point does the
PSC notify the affected community or seek its advisory opinion.

Since the residents of the community who are most significantly impact
from such a land transfer have unique knowledge of the community, they
should be consulted and given the opportunity to relay their concerns to
the PSC.

This legislation would allow the local community to be informed about
and voice its opinion regarding these issues through its local community
board, which has this responsibility for other land use matters of
significance.

 
PRIOR LEGISLATIVE HISTORY:

2018: Died in Energy and Telecommunications
2017: Died in Energy and Telecommunications
2016: Died in Energy and Telecommunications
2015: Died in Energy and Telecommunications
2014: Senate Bill 603 (Gianaris) - Died in Senate Energy and Telecommu-
nications Committee
2013: Senate Bill 603 (Gianaris) - Died in Senate Energy and Telecommu-
nications Committee
2012: Senate Bill 2525 (Gianaris) - Died in Senate Telecommunications
2012: Assembly Bill 4910 (Simotas) - Died in Assembly Corporations,
Authorities and Commissions Committee
2010: Assembly Bill 5436 (Gianaris) - Died in Assembly Corporations,
Authorities and Commissions Committee
2008: Assembly Bill 10434-A (Gianaris) - Died in Assembly Corporations,
Authorities and Commissions Committee

 
FISCAL IMPLICATIONS:
None.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

2019-S2151 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2151
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 22, 2019
                                ___________
 
 Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 AN  ACT  to  amend  the public service law, in relation to requiring the
   public service commission to provide the appropriate  local  community
   board  in  a city with a population of one million or more with notice
   of and opportunity to comment and make recommendations on any proposed
   sale or acquisition of real property by a gas corporation or  electric
   corporation furnishing utility service
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 107 of the public service law is amended by  adding
 a new subdivision 3 to read as follows:
   3. WITH REGARD TO THE PROPOSED SALE OR ACQUISITION OF REAL PROPERTY BY
 ANY  GAS  CORPORATION OR ELECTRIC CORPORATION FURNISHING UTILITY SERVICE
 IN A CITY HAVING A POPULATION OF ONE MILLION  OR  MORE,  THE  COMMISSION
 SHALL  PROVIDE  THE  LOCAL COMMUNITY BOARD HAVING JURISDICTION OVER SUCH
 REAL PROPERTY WITH NOTICE OF SUCH  PROPOSED  TRANSACTION,  BY  CERTIFIED
 MAIL, RETURN RECEIPT REQUESTED, WITHIN TEN DAYS OF RECEIVING AN APPLICA-
 TION  FOR  APPROVAL  OF THE TRANSACTION. WITHIN THIRTY DAYS OF RECEIVING
 SUCH NOTICE, A LOCAL COMMUNITY BOARD  SHALL  SUBMIT  TO  THE  COMMISSION
 WRITTEN  COMMENTS  AND RECOMMENDATIONS ON SUCH PROPOSED TRANSACTION. THE
 COMMISSION SHALL ADDRESS AND RESPOND TO ALL COMMENTS AND RECOMMENDATIONS
 SUBMITTED BY A LOCAL COMMUNITY BOARD PRIOR TO MAKING  ITS  DETERMINATION
 OF THE APPLICATION OF THE PUBLIC UTILITY.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04057-01-9

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