NY State Senate Bill 2015-S4414A

Senate Bill S4414A

2015-2016 Legislative Session

Establishes the power authority of the state of New York shall make low cost hydropower available to certain hospitals

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance 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
May 10, 2016	reported and committed to finance
Jan 06, 2016	referred to energy and telecommunications
Apr 28, 2015	reported and committed to finance
Mar 31, 2015	print number 4414a
Mar 31, 2015	amend and recommit to energy and telecommunications
Mar 19, 2015	referred to energy and telecommunications

Votes

- May 10, 2016 - Energy And Telecommunications Committee Vote
  S4414A
  
  6
  
  Aye
  
  1
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Energy And Telecommunications Committee Vote: May 10, 2016
      
      aye (6)
      
      Carlucci
      
      Croci
      
      Hamilton
      
      Kennedy
      
      Parker
      
      Ritchie
      
      nay (1)
      
      Little
      
      aye wr (4)
      
      Dilan
      
      Griffo
      
      Martins
      
      O'Mara
  Apr 28, 2015 - Energy And Telecommunications Committee Vote
  S4414A
  
  11
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Energy And Telecommunications Committee Vote: Apr 28, 2015
      
      aye (11)
      
      Carlucci
      
      Croci
      
      Dilan
      
      Flanagan
      
      Griffo
      
      Hamilton
      
      Kennedy
      
      Little
      
      O'Mara
      
      Parker
      
      Ritchie

Bill Amendments

Original

A (Active)

2015-S4414 - Details

See Assembly Version of this Bill:: A3780
Current Committee:: Senate Finance
Law Section:: Public Authorities Law
Laws Affected:: Amd §1005, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A925
2011-2012: A5134
2013-2014: A4130
2017-2018: S691, A5602
2019-2020: S5176, A4610
2021-2022: S3652, A5822
2023-2024: S1311, A2219

2015-S4414 - Summary

Establishes the power authority of the state of New York shall make low cost hydropower available to hospitals located within the counties of Niagara and Orleans.

2015-S4414 - Sponsor Memo

2015-S4414 - Bill Text download pdf

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

                                  4414

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 19, 2015
                               ___________

Introduced  by  Sen.  ORTT  --  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 establishing
  the power authority of the state of  New  York  shall  make  low  cost
  hydropower available to certain hospitals

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

  Section 1. The opening paragraph of subdivision 13 of section 1005  of
the  public  authorities  law,  as amended by chapter 645 of the laws of
2006, is amended to read as follows:
  Notwithstanding any other provision of law to the contrary but subject
to the terms and conditions  of  federal  energy  regulatory  commission
licenses,  to allocate or reallocate directly or by sale for resale, two
hundred fifty megawatts of firm Niagara project hydroelectric  power  as
"expansion  power" and four hundred forty-five megawatts of firm Niagara
project hydroelectric power as "replacement power" to businesses  within
the  state  located within thirty miles of the Niagara project, and four
hundred ninety megawatts of firm and interruptible power from the  Saint
Lawrence-FDR  project as "preservation power" sold to businesses located
within the counties of Jefferson, Saint Lawrence and Franklin,  provided
that the amount of expansion power allocated to businesses in Chautauqua
county on January first, nineteen hundred eighty-seven shall continue to
be  allocated  in  such  county and, provided further that up to seventy
megawatts of replacement power, up to thirty-eight and six-tenths  mega-
watts of preservation power from the Saint Lawrence-FDR project which is
relinquished  or  withdrawn  after  the  effective date of chapter three
hundred thirteen of the laws of two thousand  five  which  amended  this
subdivision  and,  for  the  period ending on December thirty-first, two
thousand six, up to twenty megawatts  of  other  power  from  the  Saint
Lawrence-FDR  project  which  is unallocated as of the effective date of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07140-01-5

S. 4414                             2

chapter three hundred thirteen of the laws of two  thousand  five  which
amended  this  subdivision, shall be allocated by the authority together
with such other funds of the authority as the trustees deem feasible and
advisable  for  energy  cost  savings  benefits  pursuant to the twelfth
undesignated paragraph of this section AND, PROVIDED  FURTHER  THAT  LOW
COST  HYDROPOWER  BE MADE AVAILABLE TO HOSPITALS THAT ARE LOCATED IN THE
COUNTIES OF NIAGARA AND ORLEANS.  Provided, however, that the amount  of
replacement,  preservation  power, or the additional twenty megawatts of
Saint Lawrence-FDR power for the period  ending  December  thirty-first,
two  thousand  six made available for such purpose, used for energy cost
savings benefits that are relinquished by or withdrawn from a  recipient
thereof  shall  be offered by the authority proportionately for a period
of six months for reallocation to applicants  who  qualify  respectively
for  replacement  or  preservation power allocations as provided in this
subdivision. If such power is not allocated within such period it  shall
be allocated for the purpose of energy cost savings benefits pursuant to
subdivision  (h)  of  section  one  hundred eighty-three of the economic
development law. The authority shall negotiate contracts  on  reasonable
terms  and  conditions to renew or extend every permanent contract allo-
cation of expansion power in effect on the effective date of this subdi-
vision and, to the extent consistent with such contracts, the  authority
shall  negotiate  contracts on reasonable terms and conditions to extend
or renew all other allocations or allotments of such power in effect  on
such  date.  The authority shall negotiate contracts on reasonable terms
and conditions to renew or extend for a period of at  least  five  years
every  permanent  contract  allocation of replacement power in effect on
the effective date of chapter three hundred thirteen of the laws of  two
thousand  five  which  added  this sentence and that would expire by its
terms on or before the end of  the  initial  federal  energy  regulatory
commission  license for the Niagara project; provided that, in negotiat-
ing the terms and  conditions  of  such  contracts,  the  authority  may
consider  a  business'  compliance  with  all  current contractual obli-
gations, including employment and  power  usage  commitments.  Contracts
entered  into  pursuant  to  this  subdivision  shall contain reasonable
provisions providing for the partial or complete withdrawal of the power
in the event the recipient fails to maintain mutually agreed  levels  of
employment,  investment, and power utilization. Expansion or replacement
power relinquished by businesses or withdrawn by the authority shall  be
allocated  directly or by sale for resale by the authority to businesses
within the state located within thirty  miles  of  the  Niagara  project
provided, that the amount of power allocated to businesses in Chautauqua
county  on  January  first, nineteen hundred eighty-seven shall be allo-
cated in such county. Preservation power that is relinquished  by  busi-
nesses  or  withdrawn by the authority shall be allocated directly or by
sale for resale by the authority within the counties of Jefferson, Saint
Lawrence and Franklin. Allocations made pursuant to this paragraph shall
be made in accordance with criteria established by the trustees.    Such
criteria shall address the expansion of industry and employment pursuant
to  paragraph (a) of this subdivision and the revitalization of existing
industry pursuant to paragraph (b) of this subdivision.
  S 2. This act shall take effect immediately.

2015-S4414A (ACTIVE) - Details

See Assembly Version of this Bill:: A3780
Current Committee:: Senate Finance
Law Section:: Public Authorities Law
Laws Affected:: Amd §1005, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A925
2011-2012: A5134
2013-2014: A4130
2017-2018: S691, A5602
2019-2020: S5176, A4610
2021-2022: S3652, A5822
2023-2024: S1311, A2219

2015-S4414A (ACTIVE) - Summary

Establishes the power authority of the state of New York shall make low cost hydropower available to hospitals located within the counties of Niagara and Orleans.

2015-S4414A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4414A

TITLE OF BILL:

An act to amend the public authorities law, in relation to
establishing the power authority of the state of New York shall make
low cost hydropower available to certain hospitals

PURPOSE OR GENERAL IDEA OF BILL:

This legislation would make low cost hydropower produced by the
Niagara project available to hospitals and municipal housing
authorities located in the counties of Niagara and Orleans.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends subdivision 13 of section 1005 of the public
authority's Law to state that low cost hydropower be made available to
hospitals and municipal housing authorities that are located in
Niagara and Orleans County. Such Power shall be allocated from the
Niagara Project.

JUSTIFICATION:

This legislation would allow all hospitals and municipal housing
authorities located in the counties of Niagara and Orleans to receive

low cost hydropower directly from the Niagara Project. These hospitals
are facing financial difficulties and this cost saving measure would
allow them to save on their electric bills.  Hospitals use an
inordinate amount of electricity and by reducing the rate they must
pay per kilowatt hour significant cost savings would be realized. For
example, Niagara Falls Memorial Medical Center in 2005 used
approximately 7.5 million kilowatt hours at the expense of over
$500,000. Also the Niagara Falls Housing Authority also is a
significant user of power for its five communities. Due to
insufficient Federal funding the NFHA often finds itself with a
financial shortfall that low cost power will help alleviate. By
allowing for low cost hydropower we will ensure that all hospitals
located in the affected areas fully utilize the natural source of
power they have in the Niagara Project.

PRIOR LEGISLATIVE HISTORY:

S.189/A.5134 of 2011-2012; Referred to Energy and
Telecommunications/Referred to Energy
S. 1184/A. 925 of 2009; Referred to Energy and Telecommunications
S. 23/A. 6143 of 2007/2008; Referred to Senate Energy &
Telecommunications Committee 2014 - A.4130

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately

2015-S4414A (ACTIVE) - Bill Text download pdf

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

                                 4414--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 19, 2015
                               ___________

Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the public authorities law, in relation to  establishing
  the  power  authority  of  the  state  of New York shall make low cost
  hydropower available to certain hospitals

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

  Section  1. The opening paragraph of subdivision 13 of section 1005 of
the public authorities law, as amended by chapter 645  of  the  laws  of
2006, is amended to read as follows:
  Notwithstanding any other provision of law to the contrary but subject
to  the  terms  and  conditions  of federal energy regulatory commission
licenses, to allocate or reallocate directly or by sale for resale,  two
hundred  fifty  megawatts of firm Niagara project hydroelectric power as
"expansion power" and four hundred forty-five megawatts of firm  Niagara
project  hydroelectric power as "replacement power" to businesses within
the state located within thirty miles of the Niagara project,  and  four
hundred  ninety megawatts of firm and interruptible power from the Saint
Lawrence-FDR project as "preservation power" sold to businesses  located
within  the counties of Jefferson, Saint Lawrence and Franklin, provided
that the amount of expansion power allocated to businesses in Chautauqua
county on January first, nineteen hundred eighty-seven shall continue to
be allocated in such county and, provided further  that  up  to  seventy
megawatts  of replacement power, up to thirty-eight and six-tenths mega-
watts of preservation power from the Saint Lawrence-FDR project which is
relinquished or withdrawn after the  effective  date  of  chapter  three
hundred  thirteen  of  the  laws of two thousand five which amended this
subdivision and, for the period ending  on  December  thirty-first,  two
thousand  six,  up  to  twenty  megawatts  of other power from the Saint

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07140-02-5

S. 4414--A                          2

Lawrence-FDR project which is unallocated as of the  effective  date  of
chapter  three  hundred  thirteen of the laws of two thousand five which
amended this subdivision, shall be allocated by the  authority  together
with such other funds of the authority as the trustees deem feasible and
advisable  for  energy  cost  savings  benefits  pursuant to the twelfth
undesignated paragraph of this section AND, PROVIDED  FURTHER  THAT  LOW
COST  HYDROPOWER  BE  MADE  AVAILABLE TO HOSPITALS AND MUNICIPAL HOUSING
AUTHORITIES THAT ARE LOCATED IN THE COUNTIES  OF  NIAGARA  AND  ORLEANS.
Provided,  however,  that the amount of replacement, preservation power,
or the additional twenty megawatts of Saint Lawrence-FDR power  for  the
period ending December thirty-first, two thousand six made available for
such  purpose,  used  for  energy  cost savings benefits that are relin-
quished by or withdrawn from a recipient thereof shall be offered by the
authority proportionately for a period of six months for reallocation to
applicants who qualify  respectively  for  replacement  or  preservation
power  allocations as provided in this subdivision. If such power is not
allocated within such period it shall be allocated for  the  purpose  of
energy  cost savings benefits pursuant to subdivision (h) of section one
hundred eighty-three of the  economic  development  law.  The  authority
shall negotiate contracts on reasonable terms and conditions to renew or
extend  every permanent contract allocation of expansion power in effect
on the effective date of this subdivision and, to the extent  consistent
with  such contracts, the authority shall negotiate contracts on reason-
able terms and conditions to extend or renew all  other  allocations  or
allotments  of  such  power in effect on such date.  The authority shall
negotiate contracts on reasonable  terms  and  conditions  to  renew  or
extend  for  a  period  of  at least five years every permanent contract
allocation of replacement power in effect on the effective date of chap-
ter three hundred thirteen of the laws of two thousand five which  added
this sentence and that would expire by its terms on or before the end of
the initial federal energy regulatory commission license for the Niagara
project;  provided that, in negotiating the terms and conditions of such
contracts, the authority may consider a business'  compliance  with  all
current  contractual  obligations,  including employment and power usage
commitments. Contracts entered into pursuant to this  subdivision  shall
contain  reasonable  provisions  providing  for  the partial or complete
withdrawal of the power in the event the  recipient  fails  to  maintain
mutually agreed levels of employment, investment, and power utilization.
Expansion  or  replacement power relinquished by businesses or withdrawn
by the authority shall be allocated directly or by sale  for  resale  by
the authority to businesses within the state located within thirty miles
of  the  Niagara project provided, that the amount of power allocated to
businesses in Chautauqua  county  on  January  first,  nineteen  hundred
eighty-seven  shall be allocated in such county. Preservation power that
is relinquished by businesses or withdrawn by  the  authority  shall  be
allocated  directly  or  by  sale for resale by the authority within the
counties of Jefferson, Saint Lawrence  and  Franklin.  Allocations  made
pursuant  to  this  paragraph  shall be made in accordance with criteria
established by the trustees.  Such criteria shall address the  expansion
of industry and employment pursuant to paragraph (a) of this subdivision
and the revitalization of existing industry pursuant to paragraph (b) of
this subdivision.
  S 2. This act shall take effect immediately.

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