NY State Senate Bill 2015-S1063A

Senate Bill S1063A

2015-2016 Legislative Session

Relates to the power authority of the state of New York and the public authorities control board

download bill text pdf

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 27, 2016	print number 1063a
Jan 27, 2016	amend and recommit to corporations, authorities and commissions
Jan 06, 2016	referred to corporations, authorities and commissions
Jan 08, 2015	referred to corporations, authorities and commissions

Bill Amendments

Original

A (Active)

2015-S1063 - Details

Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: Public Authorities Law
Laws Affected:: Amd §§51 & 1005, add §1855-a, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1781
2011-2012: S1056
2013-2014: S1616
2017-2018: S3114
2019-2020: S3584
2021-2022: S3335
2023-2024: S4935

2015-S1063 - Summary

Relates to the power authority of the state of New York and the public authorities control board; prohibits the power authority from undertaking any project or sale of any asset exceeding one million dollars without the approval from the public authorities control board; provides for factors for such determination; creates a temporary special commission on the restructuring of the power authority of the state of New York

2015-S1063 - Sponsor Memo

                                BILL NUMBER:S1063

TITLE OF BILL:  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

PURPOSE OR GENERAL IDEA OF BILL:

To make the Power Authority of the state of New York (PASNY) subject
to oversight by the public Authorities Control Board. And to establish
a commission to study the future role of PASNY in a deregulated
electric industry. The bill also directs the New York state energy
research and development authority to conduct studies related to the
state's electric transmission system, the state's natural gas
infrastructure and a comprehensive energy plan for the downstate
region of the state.

SUMMARY OF SPECIFIC PROVISIONS:

This bill amends section 51 and 1005 of the public authorities law and
adds a new section 1855-a.

JUSTIFICATION:

The electricity industry has undergone tremendous changes and
currently exposes utility customers to greatly increased risks
associated with price volatility without significant corresponding
benefits. PASNY was directed to build 11 single cycle generators in
and around the Metropolitan New York City region. There was very
limited public process involved in siting these turbines, many of
which were sited in low-income neighborhoods.

Placing PASNY under the public Authorities Control Board provides
oversight and establishing a commission to study the future role of
PASNY will help refocus PASNY's mission in a deregulated electricity
marketplace. It is necessary to examine the problems surrounding the
state's energy infrastructure, including transmission, and natural gas
transportation, distribution and indigenous resources.

It is also necessary to study downstate, as it has experienced the
greatest price spikes due to load pockets and market forces, which has
also affected the State's overall whole electricity market.

PRIOR LEGISLATIVE HISTORY:

2013-20114: S.1616A - Amended and Recommitted to Energy &
Telecommunications
2011-12: S.1056B - Referred to Energy & Telecommunications
2009-10: S.1781 Referred to Energy and Telecommunications
2007-08: S.1983 Referred to Energy and Telecommunications
2006-07: S.1350 Referred to Energy and Telecommunications

FISCAL IMPLICATIONS:

To be determined.


EFFECTIVE DATE:

Immediately.

2015-S1063 - Bill Text download pdf

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

                                  1063

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 8, 2015
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Corporations,  Authorities
  and Commissions

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
  S 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.
                                                           LBD06640-01-5

S. 1063                             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.
  S 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, 2017 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.
  S 4. The public authorities law is amended by  adding  a  new  section
1855-a to read as follows:
  S 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  SEVENTEEN,
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. 1063                             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.
  S 5. This act shall take effect immediately.

2015-S1063A (ACTIVE) - Details

Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: Public Authorities Law
Laws Affected:: Amd §§51 & 1005, add §1855-a, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1781
2011-2012: S1056
2013-2014: S1616
2017-2018: S3114
2019-2020: S3584
2021-2022: S3335
2023-2024: S4935

2015-S1063A (ACTIVE) - Summary

2015-S1063A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1063A

 TITLE OF BILL :  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

 PURPOSE OR GENERAL IDEA OF BILL :

To make the Power Authority of the state of New York (PASNY) subject
to oversight by the public Authorities Control Board. And to establish
a commission to study the future role of PASNY in a deregulated
electric industry. The bill also directs the New York state energy
research and development authority to conduct studies related to the
state's electric transmission system, the state's natural gas
infrastructure and a comprehensive energy plan for the downstate
region of the state.

 SUMMARY OF SPECIFIC PROVISIONS :

This bill amends section 51 and 1005 of the public authorities law and
adds a new section 1855-a.

 JUSTIFICATION :

The electricity industry has undergone tremendous changes and
currently exposes utility customers to greatly increased risks
associated with price volatility without significant corresponding
benefits. PASNY was directed to build 11 single cycle generators in
and around the Metropolitan New York City region. There was very
limited public process involved in siting these turbines, many of
which were sited in low-income neighborhoods.

Placing PASNY under the public Authorities Control Board provides
oversight and establishing a commission to study the future role of
PASNY will help refocus PASNY's mission in a deregulated electricity
marketplace. It is necessary to examine the problems surrounding the
state's energy infrastructure, including transmission, and natural gas
transportation, distribution and indigenous resources.

It is also necessary to study downstate, as it has experienced the
greatest price spikes due to load pockets and market forces, which has
also affected the State's overall whole electricity market.

 PRIOR LEGISLATIVE HISTORY :

2013-20114: S.1616A - Amended and Recommitted to Energy &
Telecommunications
2011-12: S.1056B - Referred to Energy & Telecommunications
2009-10: S.1781 Referred to Energy and Telecommunications
2007-08: S.1983 Referred to Energy and Telecommunications
2006-07: S.1350 Referred to Energy and Telecommunications

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
Immediately.

2015-S1063A (ACTIVE) - Bill Text download pdf

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

                                 1063--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 8, 2015
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Corporations,  Authorities
  and  Commissions  --  recommitted  to  the  Committee on Corporations,
  Authorities and Commissions in accordance with Senate Rule 6,  sec.  8
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

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
  S 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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06640-02-6

S. 1063--A                          2

  B. THE PROJECT OR SALE IS ANTICIPATED TO  RESULT  GENERALLY  IN  LOWER
UTILITY RATES IN THE STATE; AND
  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.
  S 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, 2018 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.
  S 4. The public authorities law is amended by  adding  a  new  section
1855-a to read as follows:
  S 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  EIGHTEEN,
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.

S. 1063--A                          3

  2. THE STUDY SHALL INCLUDE, AT A MINIMUM, AN ASSESSMENT OF EACH OF THE
FOLLOWING:
  (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.
  S 5. This act shall take effect immediately.

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