S T A T E   O F   N E W   Y O R K
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                                  8179

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 11, 2015
                               ___________

Introduced  by  M. of A. RAIA -- read once and referred to the Committee
  on Corporations, Authorities and Commissions

AN ACT to amend section 16 of part A of chapter 173 of the laws of 2013,
  amending the public service law, the public authorities law, the exec-
  utive law and the education law relating to the powers and  duties  of
  the  department of public service and the Long Island power authority,
  in relation to the timing of the commencement of certain  engineering,
  environmental permitting and cost feasibility analysis and studies

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

  Section 1. Section 16 of part A of chapter 173 of the  laws  of  2013,
amended  the  public service law, the public authorities law, the execu-
tive law and the education law relating to the powers and duties of  the
department  of  public  service  and the Long Island power authority, as
amended by section 5 of part W of chapter 58 of the  laws  of  2015,  is
amended to read as follows:
  S 16. Repowering. The Long Island power authority, in cooperation with
its service provider, as defined under section 3-b of the public service
law,  and the owner of the legacy LILCO power generating facilities will
perform an engineering, environmental permitting  and  cost  feasibility
analysis  and  study  of  repowering  the  Port  Jefferson power station
located in the town of Brookhaven in the county  of  Suffolk,  the  E.F.
Barrett  power station located in the town of Hempstead in the county of
Nassau, and the Northport power station located in the village of North-
port in the county of Suffolk.  Such  study  will  focus  on  repowering
utilizing  greater efficiency and environmentally friendly technologies,
and shall have been commenced no later than October  1,  2015  [for  the
power  stations in the town of Brookhaven and the town of Hempstead, and
no later than October 1, 2018 for the power station in  the  village  of
Northport]. These analyses shall be completed and presented to the board
of  the  Long  Island  power authority and the Long Island branch of the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11426-01-5
              

A. 8179                             2

department of public service no later than  eighteen  months  after  the
analysis  commencement date.   If after the Long Island power authority,
or its successor, determines, in accordance with the feasibility  deter-
minations  resulting from the studies and analyses authorized under this
section, and in accordance with the terms and  conditions  contained  in
the amended and restated power supply agreement ("A&R PSA"), dated Octo-
ber  10,  2012,  between the authority and the owner of the legacy LILCO
power generating facilities, that repowering any such generating facili-
ty is in the best interests of  its  ratepayers  and  will  enhance  the
authority's ability to provide a more efficient, reliable and economical
supply  of electric energy in its service territory, consistent with the
goal of improving environmental quality, the authority will exercise its
rights under the A&R PSA related to  repowering  any  such  facility  or
facilities,  and  shall  enter  into an agreement related to payments in
lieu-of-taxes for a term commensurate with any power purchase  agreement
entered  into  related to such repowered facility, consistent with other
such agreements related to generating facilities under contract  to  the
authority in the service territory.
  S 2. This act shall take effect immediately.