Senate Bill S4935

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4935
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 17, 2023
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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 power
   authority of the state of New York and the public authorities  control
   board; and in relation to directing the New York state energy research
   and  development  authority  to conduct a study related to the state's
   natural gas infrastructure
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 1 of section 51 of the public authorities law
 is amended by adding a new paragraph o to read as follows:
   O. POWER AUTHORITY OF THE STATE OF NEW YORK
   § 2. Section 1005 of the public authorities law is amended by adding a
 new subdivision 11-a to read as follows:
   11-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,  THE
 AUTHORITY SHALL NOT UNDERTAKE ANY PROJECT OR SALE OF ANY ASSET EXCEEDING
 ONE MILLION DOLLARS IN VALUE WITHOUT THE APPROVAL OF THE PUBLIC AUTHORI-
 TIES  CONTROL  BOARD  CREATED PURSUANT TO ARTICLE ONE-A OF THIS CHAPTER.
 EACH APPLICATION TO THE PUBLIC AUTHORITIES CONTROL BOARD SHALL CONTAIN A
 PROJECT DESCRIPTION OR DESCRIPTION OF SALE AND AN EXPLANATION OF WHY THE
 PROJECT OR SALE MEETS THE STANDARDS FOR PROJECT APPROVAL OR APPROVAL  OF
 SALE SET FORTH IN THIS SUBDIVISION. THE PUBLIC AUTHORITIES CONTROL BOARD
 SHALL  ONLY APPROVE A PROJECT OR SALE PROPOSED BY THE AUTHORITY UPON ITS
 DETERMINATION THAT:
   A. THE PROJECT OR SALE IS FINANCIALLY  FEASIBLE  AS  THE  STANDARD  AS
 DEFINED IN ARTICLE ONE-A OF THIS CHAPTER;
   B.  THE  PROJECT  OR  SALE IS ANTICIPATED TO RESULT GENERALLY IN LOWER
 UTILITY RATES IN THE STATE; AND

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06376-01-3
 S. 4935                             2
 
              

   C. THE PROJECT OR SALE WILL NOT MATERIALLY  ADVERSELY  AFFECT  OVERALL
 REAL  PROPERTY  TAXES  OR UTILITY RATES IN ANY AREAS OF THE STATE OF NEW
 YORK.
   § 3. Temporary special commission on restructuring the power authority
 of  the state of New York. 1. There shall be a temporary special commis-
 sion on restructuring the power authority of  the  state  of  New  York,
 which  shall possess the powers and duties as specified in this section,
 and also all powers necessary or proper to  enable  such  commission  to
 carry  out  the  purposes  for  which  it  is established. The temporary
 special commission shall consist of eight members as follows:    two  of
 whom  shall be appointed by the governor, two of whom shall be appointed
 by the temporary president of the senate, two of whom shall be appointed
 by the speaker of the assembly, one of whom shall be  appointed  by  the
 minority  leader of the senate and one of whom shall be appointed by the
 minority leader of the assembly. Each member shall serve at the pleasure
 of the respective appointing person.  One of the  members  appointed  by
 the  governor shall be selected by the governor to serve as chair of the
 temporary special commission. The temporary special commission shall  be
 subject  to articles 6 and 7 of the public officers law.  Each member of
 the temporary special commission shall be subject to the  provisions  of
 article 4 of the public officers law.
   2. The temporary special commission on restructuring the power author-
 ity of the state of New York shall have the power and duty to:
   (a)  conduct  hearings, discussions, and negotiations among members of
 the public, affected businesses, and representatives of government; and
   (b) issue a final report to the  governor  and  legislature  detailing
 recommendations on restructuring the power authority of the state of New
 York,  including, but not limited to, the following issues: the divesti-
 ture of  such  authority's  non-hydroelectric  generation  assets;  such
 authority's  role  as  a transmission provider; such authority's role in
 the power for jobs and economic development power programs; such author-
 ity's energy efficiency programs; such  authority's  relationship  with,
 and  obligation  to,  host  communities,  including, but not limited to,
 payments-in-lieu of taxes to local municipalities and school  districts,
 economic  development  investments,  and community revitalization initi-
 atives; and such authority's role in a deregulated energy market. On  or
 before  September  1, 2026 such commission shall transmit such report to
 the governor, the speaker of the assembly, the minority  leader  of  the
 assembly,  the temporary president of the senate, the minority leader of
 the senate, the chairman of the assembly energy committee and the chair-
 man of the senate energy and telecommunications committee.
   § 4. The public authorities law is amended by  adding  a  new  section
 1855-a to read as follows:
   § 1855-A. NATURAL GAS SUPPLY AND INFRASTRUCTURE STUDY. 1. THE AUTHORI-
 TY  SHALL  UNDERTAKE A STUDY OF ISSUES, INCLUDING BUT NOT LIMITED TO THE
 SUPPLY, TRANSPORTATION, PIPELINE CAPACITY, DISTRIBUTION AND  STORAGE  OF
 NATURAL  GAS IN NEW YORK STATE. THE AUTHORITY MAY CONTRACT WITH AN INDE-
 PENDENT AND COMPETITIVELY SELECTED CONTRACTOR TO UNDERTAKE  SUCH  STUDY.
 THE  AUTHORITY  SHALL  PREPARE  A REPORT ON ITS FINDINGS AND LEGISLATIVE
 RECOMMENDATIONS. ON OR BEFORE SEPTEMBER FIRST, TWO THOUSAND  TWENTY-SIX,
 THE  AUTHORITY SHALL TRANSMIT SUCH REPORT TO THE GOVERNOR, THE TEMPORARY
 PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY,  THE  CHAIRMAN  OF
 THE  SENATE  ENERGY AND TELECOMMUNICATIONS COMMITTEE AND THE CHAIRMAN OF
 THE ASSEMBLY ENERGY COMMITTEE.
   2. THE STUDY SHALL INCLUDE, AT A MINIMUM, AN ASSESSMENT OF EACH OF THE
 FOLLOWING:
 S. 4935                             3
 
   (A) CURRENT UTILITY PRACTICES IN PROCURING THE  COMMODITY  OF  NATURAL
 GAS  AND  A COMPARISON, BY UTILITY TERRITORY IN THE STATE, OF IMPACTS ON
 RATES FOR END-USE CUSTOMERS; (B) THE CURRENT AND PROJECTED  ADEQUACY  OF
 THE  NATURAL  GAS  INFRASTRUCTURE,  INCLUDING  TRANSPORTATION,  PIPELINE
 CAPACITY,  DISTRIBUTION  AND  STORAGE IN NEW YORK STATE; (C) ADEQUACY OF
 TRANSPORTATION AND DISTRIBUTION IN DENSELY POPULATED AREAS OF THE  STATE
 AND  IN  RURAL  AREAS  OF  THE  STATE; (D) INVESTMENT IN INFRASTRUCTURE,
 INCLUDING CAPITAL IMPROVEMENTS, UTILIZATION OF  NEW  TECHNOLOGY,  EXPAN-
 SIONS,  AND MAINTENANCE; (E) THE ADEQUACY OF TRANSPORTATION AND DISTRIB-
 UTION INFRASTRUCTURE IN AREAS WHERE NATURAL GAS FUELED ELECTRIC GENERAT-
 ING PLANTS ARE PROPOSED; (F) INDIGENOUS SOURCES OF NATURAL  GAS  IN  THE
 STATE;  (G)  WORKFORCE  ADEQUACY,  INCLUDING THE AVAILABILITY OF SKILLED
 LABORERS  AND  THE  ADEQUACY  OF  SKILLS  TRAINING  AND   APPRENTICESHIP
 PROGRAMS;  AND  (H)  THE  POTENTIAL IMPACT OF DISTRIBUTED GENERATION AND
 COMBINED HEAT AND  POWER  SYSTEMS  ON  NATURAL  GAS  TRANSPORTATION  AND
 DISTRIBUTION SYSTEM ADEQUACY.
   § 5. This act shall take effect immediately.