NY State Senate Bill 2023-S4876A

Senate Bill S4876A

2023-2024 Legislative Session

Relates to the amount of St. Lawrence county economic development power that may be used by the New York Power Authority to generate net earnings

download bill text pdf

Current Bill Status - In Assembly 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 07, 2023	referred to energy delivered to assembly passed senate
Jun 01, 2023	amended on third reading (t) 4876a
May 17, 2023	advanced to third reading
May 16, 2023	2nd report cal.
May 15, 2023	1st report cal.876
Feb 16, 2023	referred to energy and telecommunications

Votes

- Jun 7, 2023 - Floor Vote
  S4876A
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 7, 2023
      
      aye (61)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      Weik
      
      excused (2)
      
      Cooney
      
      Felder
  May 15, 2023 - Energy And Telecommunications Committee Vote
  S4876A
  
  9
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Energy And Telecommunications Committee Vote: May 15, 2023
      
      aye (9)
      
      Gonzalez
      
      Hinchey
      
      Kavanagh
      
      Kennedy
      
      Mannion
      
      Mattera
      
      O'Mara
      
      Parker
      
      Walczyk

Bill Amendments

Original

A (Active)

2023-S4876 - Details

See Assembly Version of this Bill:: A2918
Current Committee:: Assembly Energy
Law Section:: Public Authorities Law
Laws Affected:: Amd §1005, Pub Auth L; amd §197-a, Ec Dev L
Versions Introduced in 2023-2024 Legislative Session:: S4876, A2918

2023-S4876 - Summary

Relates to the amount of St. Lawrence county economic development power that may be used by the New York Power Authority to generate net earnings and authority-TMED contracts.

2023-S4876 - Sponsor Memo

                                 
BILL NUMBER: S4876

SPONSOR: STEC
 
TITLE OF BILL:

An act to amend the public authorities law, in relation to the amount of
St. Lawrence county economic development power that may be used by the
New York Power Authority to generate net earnings

 
PURPOSE:

The purpose of this bill is to extend, for an indefinite period of time,
the program funded by the sale of certain unallocated hydropower
produced by the Power Authority of the State of New York (NYPA) at its
St. Lawrence-FDR Power Project to support economic development in St.
Lawrence County.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill removes from statute the reduction from 20 mega
watts to ten megawatts that is eligible for monetization for economic
development purposes in St. Lawrence County; this allows for 20 mega-

watts to be monetized indefinitely.

Section 2 marks the effective date.

 
JUSTIFICATION:

In 2014, per an agreement between the county of St. Lawrence, the Gover-
nor of the state of New York and the New York Power Authority (NYPA),
the Legislature passed and the governor signed into law the Northern New
York Power Proceeds Allocation Act. The program was based on the previ-
ously enacted Western New York Power Proceeds Allocation Act.

The program was created to support eligible economic development
projects located or proposed to be located in St. Lawrence County by
eligible applicants. The program is funded by the sale of certain unal-
located hydropower produced by NYPA at its St. Lawrence-FDR Power
Project, which has been made available to the Town of Massena electric
Department under a contract with NYPA entered into in 2012 entitled
"Agreement Governing the Sale of St. Lawrence-PDR Project Power and
Energy" to the Town of Massena Electric Department for Economic Develop-
ment Purposes."

As of December 29, 2019, the megawatts eligible to be monetized for the
purposes of economic development in St. Lawrence County has been reduced
to ten. This bill would remove the provision of law that resulted in
this reduction, restore the 20 megawatts that existed from 2014 to the
end of 2019, and provide for that megawatt monetization level to contin-
ue in perpetuity.

 
LEGISLATIVE HISTORY:

2021-2022: S4261 passed Senate; A6206 referred to Energy

2019-20: S6916 - Energy and Telecommunications Committee.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately

2023-S4876 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4876
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 16, 2023
                                ___________
 
 Introduced  by  Sen.  STEC  --  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 authorities law, in relation to the amount of
   St. Lawrence county economic development power that may be used by the
   New York Power Authority to generate net earnings

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (c) of subdivision 24  of  section  1005  of  the
 public  authorities law, as added by chapter 545 of the laws of 2014, is
 amended to read as follows:
   (c) The authority shall establish an account to be known as the north-
 ern New York economic development fund, which shall  consist  solely  of
 net  earnings. The authority, as determined to be feasible and advisable
 by the trustees, shall deposit net earnings into the fund no  less  than
 quarterly,  provided,  however,  that  the amount of St. Lawrence county
 economic development power that may be used by the authority to generate
 net earnings shall not exceed the lesser  of  twenty  megawatts  or  the
 amount  of  St.  Lawrence county economic development power that has not
 been allocated by the authority under the  authority-TMED  contract  for
 sub-allocations[,  and  provided  further that beginning five years from
 the effective date of this subdivision, the amount of St. Lawrence coun-
 ty economic development power that may  be  used  by  the  authority  to
 generate  net  earnings  shall not exceed the lesser of ten megawatts or
 the amount of St. Lawrence county economic development  power  that  has
 not  been  allocated  by the authority under the authority-TMED contract
 for sub-allocations]. At least fifteen percent of net earnings paid into
 the fund shall be dedicated to eligible projects which are energy-relat-
 ed projects, programs and services as such term is defined  in  subpara-
 graph  two of paragraph (b) of subdivision seventeen of this section. In
 addition to funding eligible projects, the authority  may  use  northern
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07705-01-3

 S. 4876                             2
 
 New  York economic development fund monies to cover reasonable costs and
 expenses of the authority related to the management  and  administration
 of  the  northern  New York power proceeds allocation program created by
 article seven-A of the economic development law.
   § 2. This act shall take effect immediately.

co-Sponsors

2023-S4876A (ACTIVE) - Details

See Assembly Version of this Bill:: A2918
Current Committee:: Assembly Energy
Law Section:: Public Authorities Law
Laws Affected:: Amd §1005, Pub Auth L; amd §197-a, Ec Dev L
Versions Introduced in 2023-2024 Legislative Session:: S4876, A2918

2023-S4876A (ACTIVE) - Summary

Relates to the amount of St. Lawrence county economic development power that may be used by the New York Power Authority to generate net earnings and authority-TMED contracts.

2023-S4876A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4876A

SPONSOR: STEC
 
TITLE OF BILL:

An act to amend the public authorities law, in relation to the amount of
St. Lawrence county economic development power that may be used by the
New York Power Authority to generate net earnings; and to amend the
economic development law, in relation to authority-TMED contracts

 
PURPOSE:

The purpose of this bill is to extend, for an indefinite period of time,
the program funded by the sale of certain unallocated hydropower
produced by the Power Authority of the State of New York (NYPA) at its
St. Lawrence-FDR Power Project to support economic development in St.
Lawrence County.

 
SUMMARY OF PROVISIONS:

Section 1 - Amends the Public Authorities Law to removes from statute
the reduction to ten megawatts that is eligible for monetization for

economic development purposes in St. Lawrence County, which sunset after
5 years

Section 2 - Amends the Economic Development Law to permit an extension
of an existing contract

Section 3 - marks the effective date.

 
JUSTIFICATION:

In 2014, per an agreement between the county of St. Lawrence, the Gover-
nor of the state of New York and the New York Power Authority (NYPA),
the Legislature passed and the governor signed into law the Northern New
York Power Proceeds Allocation Act. The program was based on the previ-
ously enacted Western New York Power Proceeds Allocation Act.

The program was created to support eligible economic development
projects located or proposed to be located in St. Lawrence County by
eligible applicants. The program is funded by the sale of certain unal-
located hydropower produced by NYPA at its St. Lawrence-FDR Power
Project, which has been made available to the Town of Massena electric
Department under a contract with NYPA entered into in 2012 entitled
"Agreement Governing the Sale of St. Lawrence-PDR Project Power and
Energy" to the Town of Massena Electric Department for Economic Develop-
ment Purposes."

As of December 29, 2019, the megawatts eligible to be monetized for the
purposes of economic development in St. Lawrence County has been reduced
to ten. This bill would remove the provision of law that resulted in
this reduction, restore the 20 megawatts that existed from 2014 to the
end of 2019, and provide for that megawatt monetization level to contin-
ue in perpetuity.

 
LEGISLATIVE HISTORY:

2021-2022: S4261 passed Senate; A6206 referred to Energy

2019-20: S6916 - Energy and Telecommunications Committee.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately

2023-S4876A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4876--A
     Cal. No. 876
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 16, 2023
                                ___________
 
 Introduced  by  Sen.  STEC  --  read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations  --  reported  favorably from said committee, ordered to first
   and second report, ordered to a third  reading,  amended  and  ordered
   reprinted, retaining its place in the order of third reading
 
 AN ACT to amend the public authorities law, in relation to the amount of
   St. Lawrence county economic development power that may be used by the
   New  York  Power  Authority to generate net earnings; and to amend the
   economic development law, in relation to authority-TMED contracts
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (c)  of  subdivision 24 of section 1005 of the
 public authorities law, as added by chapter 545 of the laws of 2014,  is
 amended to read as follows:
   (c) The authority shall establish an account to be known as the north-
 ern  New  York  economic development fund, which shall consist solely of
 net earnings. The authority, as determined to be feasible and  advisable
 by  the  trustees, shall deposit net earnings into the fund no less than
 quarterly, provided, however, that the amount  of  St.  Lawrence  county
 economic development power that may be used by the authority to generate
 net  earnings  shall  not  exceed  the lesser of twenty megawatts or the
 amount of St. Lawrence county economic development power  that  has  not
 been  allocated  by  the authority under the authority-TMED contract for
 sub-allocations, [and provided further that beginning  five  years  from
 the effective date of this subdivision, the amount of St. Lawrence coun-
 ty  economic  development  power  that  may  be used by the authority to
 generate net earnings shall not exceed the lesser of  ten  megawatts  or
 the  amount  of  St. Lawrence county economic development power that has
 not been allocated by the authority under  the  authority-TMED  contract
 for  sub-allocations]  OR  DIRECTLY ALLOCATED BY THE AUTHORITY TO ONE OR
 MORE QUALIFIED APPLICANTS UNDER THE AUTHORITY-TMED CONTRACT.   At  least
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07705-05-3
 S. 4876--A                          2
 
 fifteen percent of net earnings paid into the fund shall be dedicated to
 eligible  projects  which  are  energy-related  projects,  programs  and
 services as such term is defined in subparagraph two of paragraph (b) of
 subdivision  seventeen  of this section. In addition to funding eligible
 projects, the authority may use northern New York  economic  development
 fund  monies  to  cover  reasonable  costs and expenses of the authority
 related to the management and administration of the  northern  New  York
 power  proceeds  allocation  program  created  by article seven-A of the
 economic development law.
   § 2. Subdivision 2 of section 197-a of the economic  development  law,
 as  added  by  chapter  545  of  the laws of 2014, is amended to read as
 follows:
   2. "Authority-TMED contract" refers to a certain contract between  the
 authority  and the town of Massena electric department, entitled "Agree-
 ment Governing the Sale of St. Lawrence-FDR Project Power and Energy  to
 the  Town  of  Massena  Electric  Department  for  Economic  Development
 Purposes," executed and dated by the authority  on  October  eighteenth,
 two  thousand twelve, and the associated authority service tariff issued
 and effective August twenty-first, two thousand twelve, AND  ANY  EXTEN-
 SION  OR SUCCESSOR TARIFF AND CONTRACT, DESCRIBED AS SUCH IN SUCH EXTEN-
 SION OR SUCCESSOR TARIFF AND CONTRACT, THAT EXPIRES  ON  OR  BEFORE  TWO
 THOUSAND FORTY.
   § 3. This act shall take effect immediately.

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