S T A T E   O F   N E W   Y O R K
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                                 4948--A
    Cal. No. 703

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 1, 2013
                               ___________

Introduced  by Sens. MAZIARZ, SAMPSON -- read twice and ordered printed,
  and when printed to be committed to the Committee on Energy and  Tele-
  communications  --  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 duties of the
  New York power authority

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 1005 of the public authorities law  is  amended  by
adding a new subdivision 24 to read as follows:
  24.  A.  NOTWITHSTANDING  ANY  PROVISION  OF  LAW TO THE CONTRARY, THE
AUTHORITY SHALL UNDERTAKE AN AUDIT OF ALL THE PARTIES SUBJECT  TO  STATE
OVERSIGHT THAT WERE NAMED AS BENEFICIARIES OF A POWER ALLOCATION OR CASH
PAYMENT  IN  THE  FEDERAL  RELICENSING AGREEMENT APPROVED BY THE FEDERAL
ENERGY REGULATORY COMMISSION THAT TOOK EFFECT ON  SEPTEMBER  FIRST,  TWO
THOUSAND  SEVEN,  IN  RELATION TO THE NIAGARA POWER PROJECT IN LEWISTON,
NEW YORK.
  B. AS DEEMED FEASIBLE AND ADVISABLE BY THE TRUSTEES OF THE  AUTHORITY,
THE AUDIT REQUIRED BY THIS SUBDIVISION MAY BE CONDUCTED BY THE AUTHORITY
AND  ITS  STAFF OR IN THE ALTERNATIVE THE AUTHORITY IS HEREBY AUTHORIZED
TO ISSUE A REQUEST FOR PROPOSALS WITHIN NINETY  DAYS  OF  THE  EFFECTIVE
DATE OF THIS SUBDIVISION FOR A QUALIFIED ACCOUNTING AND AUDITING FIRM TO
PERFORM THIS WORK.
  C.  EACH  ENTITY  WHO  RECEIVED  A POWER ALLOCATION OR CASH PAYMENT IS
HEREBY DIRECTED TO COOPERATE FULLY WITH THE AUDIT REQUIRED  HEREIN,  AND
TO  PROVIDE  DOCUMENTS OR OTHER EXHIBITS IN A TIMELY MANNER, AND TO MAKE
WITNESSES READILY AVAILABLE WHO ARE  CAPABLE  OF  PROVIDING  INFORMATION
ABOUT  THE  USE  OF  THE  AUTHORITY'S ASSETS PURSUANT TO THE RELICENSING
AGREEMENT AND TO COMPLY WITH  OTHER  REQUESTS  AND  REQUIREMENTS  DEEMED
APPROPRIATE BY THE AUTHORITY OR ITS DESIGNEE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD10691-03-3

S. 4948--A                          2

  D.  SUCH  AUDIT SHALL INCLUDE BUT SHALL NOT BE LIMITED TO, AN EXAMINA-
TION AND REPORT ON  EACH  TRANSACTION  INVOLVING  RELICENSING  POWER  OR
MONEY,  INCLUDING IDENTIFYING THE BENEFICIARIES OF SUCH BENEFITS, SPECI-
FYING ANY AND ALL CASH PAYMENTS OR POWER ALLOCATIONS  AND  A  REVIEW  OF
EACH  TRANSACTION TO DETERMINE WHETHER ANY JOBS WERE CREATED OR RETAINED
AS A RESULT OF THE  ALLOCATIONS  IN  QUESTION  OR  IF  ANY  BENEFIT  WAS
PROVIDED TO THE COMMUNITY AS A WHOLE.
  E.  THE  AUTHORITY SHALL ISSUE A REPORT ON THE RESULTS OF THE AUDIT BY
JUNE FIRST, TWO THOUSAND FOURTEEN, AND SHALL POST A COPY OF THE AUDIT ON
THE AUTHORITY'S WEBSITE AND TRANSMIT A COPY OF THE FULL  AUDIT  DOCUMENT
TO  THE  GOVERNOR,  THE TEMPORARY PRESIDENT OF THE SENATE, THE CHAIRS OF
THE SENATE ENERGY AND  TELECOMMUNICATIONS  COMMITTEE  AND  THE  ASSEMBLY
ENERGY  COMMITTEE  AND  THE CHIEF EXECUTIVE OFFICER OR RESPONSIBLE PARTY
FOR EACH RELICENSING BENEFICIARY WHO IS A SUBJECT OF SAID AUDIT.
  S 2. This act shall take effect immediately.