NY State Senate Bill 2015-S6724B

Archive: Last Bill Status - In Assembly 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
Jun 15, 2016	referred to corporations, authorities and commissions delivered to assembly passed senate
Jun 01, 2016	advanced to third reading
May 25, 2016	2nd report cal.
May 24, 2016	1st report cal.1069
Mar 04, 2016	print number 6724b
Mar 04, 2016	amend and recommit to energy and telecommunications
Feb 11, 2016	print number 6724a
Feb 11, 2016	amend and recommit to energy and telecommunications
Feb 10, 2016	referred to energy and telecommunications

Votes

- Jun 15, 2016 - Floor Vote
  S6724B
  
  32
  
  Aye
  
  29
  
  Nay
  
  1
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 15, 2016
      
      aye (32)
      
      Akshar
      
      Amedore
      
      Bonacic
      
      Boyle
      
      Croci
      
      DeFrancisco
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Golden
      
      Griffo
      
      Hannon
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Serino
      
      Seward
      
      Venditto
      
      Young
      
      nay (29)
      
      Addabbo Jr.
      
      Avella
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Dilan
      
      Gianaris
      
      Hamilton
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      Latimer
      
      Montgomery
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Persaud
      
      Rivera
      
      Sanders Jr.
      
      Savino
      
      Serrano
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      absent (1)
      
      Espaillat
      
      excused (1)
      
      Diaz
  May 24, 2016 - Energy And Telecommunications Committee Vote
  S6724B
  
  11
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Energy And Telecommunications Committee Vote: May 24, 2016
      
      aye (11)
      
      Carlucci
      
      Croci
      
      Dilan
      
      Griffo
      
      Hamilton
      
      Kennedy
      
      Little
      
      Martins
      
      O'Mara
      
      Parker
      
      Ritchie

Bill Amendments

Original

B (Active)

2015-S6724 - Details

Current Committee:: Assembly Corporations, Authorities And Commissions
Law Section:: Public Service Law
Laws Affected:: Add §5-a, Pub Serv L; amd §§1854 & 51, Pub Auth L

2015-S6724 - Summary

Relates to oversight by the New York state public authorities control board.

2015-S6724 - Sponsor Memo

                                 BILL NUMBER:  S6724

 TITLE OF BILL :

An act to amend the public service law and the public authorities law,
in relation to oversight by the New York state public authorities
control board

 PURPOSE OF THE BILL :

This bill would increase Legislative oversight over the New York State
Public Service Commission (PSC) and the New York State Energy Research
and Development Authority (NYSERDA).

 SUMMARY OF PROVISIONS :

Section 1 of the bill would require the PSC to obtain approval from
the New York State Public Authorities Control Board (PACB) for the
following actions by the PSC:

- an increase in rates, charges, surcharges, assessments, fees,
levies, or any other collections, which would increase costs for
ratepayers by more than $700,000; the PACB's jurisdiction would apply
to these activities that amount to a total of $700,000, regardless of
whether they are implemented through a single action or a series of
actions, as described in the bill; and/or

- a transfer, repurposing, reprogramming, or any other action that
would change the use of money previously designated or intended for a
different purpose.

The PSC would conduct a cost-benefit analysis of the public benefit of
these actions and would provide the analysis to the PACB, along with
the PSC's application to the PACB for approval of the actions.

Section 2 of the bill would require a similar approval process by the
PACB of NYSERDA's activities in the area of any transfer, repurposing,
reprogramming, or any other action that would change the use of money
previously designated or intended for a different purpose.

Section 3 of the bill would add the PSC to the list of entities that
are subject to the PACB's jurisdiction.

Section 4 of the bill would expand the PACB's decision-making criteria
to include a determination that a cost-benefit analysis of the actions
regulated by this bill shows that those actions are in the public
interest.

Section 5 of the bill states that these provisions would be effective
as of June 25, 2015.

 JUSTIFICATION :

The Legislature finds that its delegation of ratemaking authority to
the PSC would benefit from additional supervision by the PACB in order
to provide oversight over the PSC's actions to impose very large costs
on ratepayers or to transfer funds away from their original purposes.
Additionally, this PACB oversight should be extended to NYSERDA, as
the Authority also is involved in the repurposing of funds.

Through its appointments to the PACB, the Legislature will ensure that
these actions by the PSC and NYSERDA are in the public interest. The
Legislature has a just role in the approval of transactions that
involve very large sums of money in order to ensure the best outcome
for ratepayers.

Recently, the PSC approved a $5.322 billion Clean Energy Fund that
would be in place for ten years. NYSERD proposed the creation of the
Fund on June 25, 2015. Monies in this Fund arise from additional
collections from ratepayers and the repurposing of funds originally
intended for activities such as promoting investments in large-scale
renewables and energy efficiency. Through the PACB, the Legislature
maintains its jurisdictional oversight role over these types of
transactions to ensure that they are in the public interest.

NYSERDA also is involved in the transfer and repurposing of funds,
such as those related to the Regional Greenhouse Gas Initiative.
Although the Authority conducts stakeholder meetings on the use of
these monies, NYSERDA's actual decision-making process to determine
the use of its funds is less than transparent. Additionally, NYSERDA
often announces the provision of funds for various purposes without
stating from where the funds originate and by which process the
funding decision was made. Through the PACB, the Legislature would
review these transactions and would ensure that they achieve the best
outcome.

 LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

Nominal

 EFFECTIVE DATE :
This act shall take effect June 25, 2016

2015-S6724 - Bill Text download pdf

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

                                  6724

                            I N  S E N A T E

                            February 10, 2016
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Energy and Telecommu-
  nications

AN ACT to amend the public service law and the public  authorities  law,
  in  relation  to  oversight  by  the New York state public authorities
  control board

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

  Section  1.  The public service law is amended by adding a new section
5-a to read as follows:
  S 5-A. OVERSIGHT BY THE NEW  YORK  STATE  PUBLIC  AUTHORITIES  CONTROL
BOARD.    1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
THE COMMISSION SHALL APPLY TO, AND OBTAIN THE APPROVAL OF, THE NEW  YORK
STATE PUBLIC AUTHORITIES CONTROL BOARD CREATED PURSUANT TO ARTICLE ONE-A
OF  THE  PUBLIC  AUTHORITIES  LAW  PRIOR  TO TAKING ANY OF THE FOLLOWING
ACTIONS:
  (A) AN INCREASE IN  RATES,  CHARGES,  SURCHARGES,  ASSESSMENTS,  FEES,
LEVIES, OR ANY OTHER COLLECTIONS, WHICH WOULD INCREASE REVENUES OBTAINED
FROM  RATEPAYERS  BY  MORE THAN SEVEN HUNDRED THOUSAND DOLLARS AND WHICH
WOULD BE EFFECTUATED THROUGH A SINGLE ORDER, DECISION, OR ADMINISTRATIVE
ACTION OR THROUGH A SERIES OF SUCH ACTIVITIES; OR
  (B) A TRANSFER, REPURPOSING, REPROGRAMMING, OR ANY OTHER  ACTION  THAT
WOULD  CHANGE  THE  USE OF MONEY PREVIOUSLY DESIGNATED OR INTENDED FOR A
DIFFERENT PURPOSE.
  2. EACH SUCH APPLICATION BY THE  COMMISSION  TO  THE  NEW  YORK  STATE
PUBLIC AUTHORITIES CONTROL BOARD SHALL CONTAIN A DESCRIPTION OF ANY SUCH
ACTION  SET  FORTH IN SUBDIVISION ONE OF THIS SECTION AND AN EXPLANATION
OF WHY THE ACTION IS JUST AND REASONABLE AND IN THE PUBLIC INTEREST.
  3. THE COMMISSION SHALL CONDUCT A FULL COST-BENEFIT ANALYSIS,  INCLUD-
ING PUBLIC COMMENT AND HEARINGS, AS TO THE IMPACT OF ANY SUCH ACTION AND
PROVIDE  A  COPY  OF  THE  ANALYSIS WITH ITS APPLICATION TO THE NEW YORK
STATE PUBLIC AUTHORITIES CONTROL BOARD.
  S 2. Section 1854 of the public authorities law is amended by adding a
new subdivision 22 to read as follows:

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

                                                           LBD14054-01-6

S. 6724                             2

  22. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  THE
AUTHORITY SHALL APPLY TO, AND OBTAIN THE APPROVAL OF, THE NEW YORK STATE
PUBLIC  AUTHORITIES  CONTROL  BOARD CREATED PURSUANT TO ARTICLE ONE-A OF
THIS CHAPTER PRIOR TO UNDERTAKING ANY TRANSFER, REPURPOSING,  REPROGRAM-
MING,  OR ANY OTHER ACTION THAT WOULD CHANGE THE USE OF MONEY PREVIOUSLY
DESIGNATED OR INTENDED FOR A DIFFERENT PURPOSE. EACH SUCH APPLICATION BY
THE AUTHORITY SHALL CONTAIN A DESCRIPTION OF ANY SUCH ACTION  SET  FORTH
IN  THIS  SUBDIVISION  AND  AN EXPLANATION OF WHY THE ACTION IS JUST AND
REASONABLE AND IN THE PUBLIC INTEREST. THE  AUTHORITY  SHALL  CONDUCT  A
FULL COST-BENEFIT ANALYSIS, INCLUDING PUBLIC COMMENT AND HEARINGS, AS TO
THE  IMPACT  OF  ANY SUCH ACTION AND PROVIDE A COPY OF THE ANALYSIS WITH
ITS APPLICATION TO THE NEW YORK STATE PUBLIC AUTHORITIES CONTROL BOARD.
  S 3. Subdivision 1 of section 51 of the  public  authorities  law,  as
added  by chapter 838 of the laws of 1983, paragraph k as added by chap-
ter 506 of the laws of 1995, paragraph 1 as added by chapter 468 of  the
laws  of  2004,  paragraph m as added by section 10 of part E of chapter
494 of the laws of 2009, and paragraph n as added by chapter 533 of  the
laws of 2010, is amended to read as follows:
  1.  The New York state public authorities control board shall have the
power and it shall be its duty to receive applications for approval of:
  A. the financing and construction of any project; OR
  B. AN INCREASE  IN  RATES,  CHARGES,  SURCHARGES,  ASSESSMENTS,  FEES,
LEVIES, OR ANY OTHER COLLECTIONS, WHICH WOULD INCREASE REVENUES OBTAINED
FROM RATEPAYERS OR TAXPAYERS BY MORE THAN SEVEN HUNDRED THOUSAND DOLLARS
AND  WHICH  WOULD  BE  EFFECTUATED  THROUGH A SINGLE ORDER, DECISION, OR
ADMINISTRATIVE ACTION OR THROUGH A SERIES OF SUCH ACTIVITIES; OR
  C. A TRANSFER, REPURPOSING, REPROGRAMMING, OR ANY  OTHER  ACTION  THAT
WOULD  CHANGE  THE  USE OF MONEY PREVIOUSLY DESIGNATED OR INTENDED FOR A
DIFFERENT PURPOSE.
  1-A. SUCH APPLICATIONS WOULD BE THOSE THAT MAY BE proposed by  any  of
the following state public benefit corporations OR ENTITIES:
  a. New York state environmental facilities corporation
  b. New York state housing finance agency
  c. New York state medical care facilities finance agency
  d. Dormitory authority
  e. New York state urban development corporation
  f. Job development authority
  g. Battery park city authority
  h. New York state project finance agency
  i. State of New York mortgage agency
  j. New York state energy research and development authority
  k. Long Island Power Authority
  l. Albany Convention Center Authority
  m.  State  of  New  York  Municipal  Bond Bank Agency for bonds issued
pursuant to section two thousand four hundred thirty-six-b of this chap-
ter
  n. North Country Power Authority
  O. PUBLIC SERVICE COMMISSION
  Any application made concerning a project  shall  include  the  terms,
conditions and dates of the repayment of state appropriations authorized
by  law  pursuant to a repayment agreement. Any subsidiary of, or corpo-
ration with the same members or directors as, a  public  benefit  corpo-
ration  subject  to the provisions of this section shall also be subject
to the provisions of this section. All applications and  submissions  to
the board required to be made by a subsidiary shall be made on behalf of

S. 6724                             3

such  subsidiary  by  the  public  benefit corporation which created the
subsidiary.
  1-B.  No  public benefit corporation subject to the provisions of this
section shall make any commitment, enter into any agreement or incur any
indebtedness for the purpose of acquiring,  constructing,  or  financing
any  project  unless  prior approval has been received from the board by
such public benefit corporation as provided herein.
  S 4. Subdivision 3 of section 51 of the  public  authorities  law,  as
added by chapter 838 of the laws of 1983, is amended to read as follows:
  3.  The  board  may  approve  applications only upon its determination
that[,]:
  A. with relation to any proposed project,  there  are  commitments  of
funds  sufficient  to  finance  the acquisition and construction of such
project; OR
  B. A FULL COST-BENEFIT ANALYSIS, INCLUDING PUBLIC  COMMENT  AND  HEAR-
INGS, HAS BEEN CONDUCTED AS TO THE IMPACT OF ANY OF THE FOLLOWING ACTIV-
ITIES THAT ARE SUBJECT TO ITS JURISDICTION PURSUANT TO THIS SECTION:
  (1)  AN  INCREASE  IN  RATES,  CHARGES, SURCHARGES, ASSESSMENTS, FEES,
LEVIES, OR ANY OTHER COLLECTIONS; OR
  (2) A TRANSFER, REPURPOSING, REPROGRAMMING, OR ANY OTHER  ACTION  THAT
WOULD  CHANGE  THE  USE OF MONEY PREVIOUSLY DESIGNATED OR INTENDED FOR A
DIFFERENT PURPOSE; AND
  C. THAT SUCH COST-BENEFIT ANALYSIS SHOWS THAT THE ACTIONS DESCRIBED IN
PARAGRAPH B OF THIS SUBDIVISION ARE JUST, REASONABLE, AND IN THE  PUBLIC
INTEREST.    In determining the sufficiency of commitments of funds, the
board may consider commitments of funds, projections of  fees  or  other
revenues  and  security,  which  may,  in  the  discretion of the board,
include collateral security sufficient to retire a proposed indebtedness
or protect or indemnify against potential  liabilities  proposed  to  be
undertaken. A copy of such determination shall be submitted to the chief
executive officer of the appropriate public benefit corporation OR OTHER
ENTITY  SUBJECT  TO  THE BOARD'S JURISDICTION and SUBMITTED TO the state
comptroller.
  S 5. This act shall take effect June 25, 2016.

co-Sponsors

View additional co-sponsors

2015-S6724A - Details

Current Committee:: Assembly Corporations, Authorities And Commissions
Law Section:: Public Service Law
Laws Affected:: Add §5-a, Pub Serv L; amd §§1854 & 51, Pub Auth L

2015-S6724A - Summary

Relates to oversight by the New York state public authorities control board.

2015-S6724A - Sponsor Memo

                                 BILL NUMBER:  S6724A

 TITLE OF BILL :  An act to amend the public service law and the
public authorities law, in relation to oversight by the New York state
public authorities control board

 PURPOSE OF THE BILL :

This bill would increase  Legislative oversight over the New York
State Public Service Commission (PSC) and the New York State Energy
Research and Development Authority (NYSERDA).

 SUMMARY OF PROVISIONS :

Section 1 of the bill would require the PSC to obtain approval from
the New York State Public Authorities Control Board (PACB) for the
following actions by the PSC:

- an increase in rates, charges, surcharges, assessments, fees,
levies, or any other collections, which would increase costs for
ratepayers by more than $700,000; the PACB's jurisdiction would apply
to these activities that amount to a total of $700,000, regardless of
whether they are implemented through a single action or a series of
actions, as described in the bill; and/or

- a transfer, repurposing, reprogramming, or any other action that

would change the use of money previously designated or intended for a
different purpose.

The PSC would conduct a cost-benefit analysis of the public benefit of
these actions and would provide the analysis to the PACB, along with
the PSC's application to the PACB for approval of the actions.

Section 2 of the bill would require a similar approval process by the
PACB of NYSERDA's activities in the area of any transfer, repurposing,
reprogramming, or any other action that would change the use of money
previously designated or intended for a different purpose.

Section 3 of the bill would add the PSC to the list of entities that
are subject to the PACB's jurisdiction.

Section 4 of the bill would expand the PACB's decision-making criteria
to include a determination that a cost-benefit analysis of the actions
regulated by this bill shows that those actions are in the public
interest.

Section 5 of the bill states that these provisions would be effective
as of June 25, 2015.

 JUSTIFICATION :

The Legislature finds that its delegation of ratemaking authority to
the PSC would benefit from additional supervision by the PACB in order
to provide oversight over the PSC's actions to impose very large costs
on ratepayers or to transfer funds away from their original purposes.
Additionally, this PACB oversight should be extended to NYSERDA, as
the Authority also is involved in the repurposing of funds.

Through its appointments to the PACB, the Legislature will ensure that
these actions by the PSC and NYSERDA are in the public interest. The
Legislature has a just role in the approval of transactions that
involve very large sums of money in order to ensure the best outcome
for ratepayers.

Recently, the PSC approved a $5.322 billion Clean Energy Fund that
would be in place for ten years. NYSERD proposed the creation of the
Fund on June 25, 2015. Monies in this Fund arise from additional
collections from ratepayers and the repurposing of funds originally
intended for activities such as promoting investments in large-scale
renewables and energy efficiency. Through the PACB, the Legislature
maintains its jurisdictional oversight role over these types of
transactions to ensure that they are in the public interest.

NYSERDA also is involved in the transfer and repurposing of funds,
such as those related to the Regional Greenhouse Gas Initiative.
Although the Authority conducts stakeholder meetings on the use of
these monies, NYSERDA's actual decision-making process to determine
the use of its funds is less than transparent. Additionally, NYSERDA
often announces the provision of funds for various purposes without
stating from where the funds originate and by which process the
funding decision was made. Through the PACB, the Legislature would
review these transactions and would ensure that they achieve the best
outcome.

 LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

Nominal

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S6724A - Bill Text download pdf

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

                                 6724--A

                            I N  S E N A T E

                            February 10, 2016
                               ___________

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

AN  ACT  to amend the public service law and the public authorities law,
  in relation to oversight by the  New  York  state  public  authorities
  control board

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

  Section 1. The public service law is amended by adding a  new  section
5-a to read as follows:
  S  5-A.  OVERSIGHT  BY  THE  NEW YORK STATE PUBLIC AUTHORITIES CONTROL
BOARD.  1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,
THE  COMMISSION SHALL APPLY TO, AND OBTAIN THE APPROVAL OF, THE NEW YORK
STATE PUBLIC AUTHORITIES CONTROL BOARD CREATED PURSUANT TO ARTICLE ONE-A
OF THE PUBLIC AUTHORITIES LAW PRIOR  TO  TAKING  ANY  OF  THE  FOLLOWING
ACTIONS:
  (A)  AN  INCREASE  IN  RATES,  CHARGES, SURCHARGES, ASSESSMENTS, FEES,
LEVIES, OR ANY OTHER COLLECTIONS, WHICH WOULD INCREASE REVENUES OBTAINED
FROM RATEPAYERS BY MORE THAN SEVEN HUNDRED THOUSAND  DOLLARS  AND  WHICH
WOULD BE EFFECTUATED THROUGH A SINGLE ORDER, DECISION, OR ADMINISTRATIVE
ACTION OR THROUGH A SERIES OF SUCH ACTIVITIES; OR
  (B)  A  TRANSFER, REPURPOSING, REPROGRAMMING, OR ANY OTHER ACTION THAT
WOULD CHANGE THE USE OF MONEY PREVIOUSLY DESIGNATED OR  INTENDED  FOR  A
DIFFERENT PURPOSE.
  2.  EACH  SUCH  APPLICATION  BY  THE  COMMISSION TO THE NEW YORK STATE
PUBLIC AUTHORITIES CONTROL BOARD SHALL CONTAIN A DESCRIPTION OF ANY SUCH
ACTION SET FORTH IN SUBDIVISION ONE OF THIS SECTION AND  AN  EXPLANATION
OF WHY THE ACTION IS JUST AND REASONABLE AND IN THE PUBLIC INTEREST.
  3.  THE COMMISSION SHALL CONDUCT A FULL COST-BENEFIT ANALYSIS, INCLUD-
ING PUBLIC COMMENT AND HEARINGS, AS TO THE IMPACT OF ANY SUCH ACTION AND
PROVIDE A COPY OF THE ANALYSIS WITH ITS  APPLICATION  TO  THE  NEW  YORK
STATE PUBLIC AUTHORITIES CONTROL BOARD.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14054-02-6

S. 6724--A                          2

  S 2. Section 1854 of the public authorities law is amended by adding a
new subdivision 22 to read as follows:
  22.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, THE
AUTHORITY SHALL APPLY TO, AND OBTAIN THE APPROVAL OF, THE NEW YORK STATE
PUBLIC AUTHORITIES CONTROL BOARD CREATED PURSUANT TO  ARTICLE  ONE-A  OF
THIS  CHAPTER PRIOR TO UNDERTAKING ANY TRANSFER, REPURPOSING, REPROGRAM-
MING, OR ANY OTHER ACTION THAT WOULD CHANGE THE USE OF MONEY  PREVIOUSLY
DESIGNATED OR INTENDED FOR A DIFFERENT PURPOSE. EACH SUCH APPLICATION BY
THE  AUTHORITY  SHALL CONTAIN A DESCRIPTION OF ANY SUCH ACTION SET FORTH
IN THIS SUBDIVISION AND AN EXPLANATION OF WHY THE  ACTION  IS  JUST  AND
REASONABLE  AND  IN  THE  PUBLIC INTEREST. THE AUTHORITY SHALL CONDUCT A
FULL COST-BENEFIT ANALYSIS, INCLUDING PUBLIC COMMENT AND HEARINGS, AS TO
THE IMPACT OF ANY SUCH ACTION AND PROVIDE A COPY OF  THE  ANALYSIS  WITH
ITS APPLICATION TO THE NEW YORK STATE PUBLIC AUTHORITIES CONTROL BOARD.
  S  3.  Subdivision  1  of section 51 of the public authorities law, as
added by chapter 838 of the laws of 1983, paragraph k as added by  chap-
ter  506 of the laws of 1995, paragraph 1 as added by chapter 468 of the
laws of 2004, paragraph m as added by section 10 of part  E  of  chapter
494  of the laws of 2009, and paragraph n as added by chapter 533 of the
laws of 2010, is amended to read as follows:
  1. The New York state public authorities control board shall have  the
power and it shall be its duty to receive applications for approval of:
  A. the financing and construction of any project; OR
  B.  AN  INCREASE  IN  RATES,  CHARGES,  SURCHARGES, ASSESSMENTS, FEES,
LEVIES, OR ANY OTHER COLLECTIONS, WHICH WOULD INCREASE REVENUES OBTAINED
FROM RATEPAYERS OR TAXPAYERS BY MORE THAN SEVEN HUNDRED THOUSAND DOLLARS
AND WHICH WOULD BE EFFECTUATED THROUGH  A  SINGLE  ORDER,  DECISION,  OR
ADMINISTRATIVE ACTION OR THROUGH A SERIES OF SUCH ACTIVITIES; OR
  C.  A  TRANSFER,  REPURPOSING, REPROGRAMMING, OR ANY OTHER ACTION THAT
WOULD CHANGE THE USE OF MONEY PREVIOUSLY DESIGNATED OR  INTENDED  FOR  A
DIFFERENT PURPOSE.
  1-A.  SUCH  APPLICATIONS WOULD BE THOSE THAT MAY BE proposed by any of
the following state public benefit corporations OR ENTITIES:
  a. New York state environmental facilities corporation
  b. New York state housing finance agency
  c. New York state medical care facilities finance agency
  d. Dormitory authority
  e. New York state urban development corporation
  f. Job development authority
  g. Battery park city authority
  h. New York state project finance agency
  i. State of New York mortgage agency
  j. New York state energy research and development authority
  k. Long Island Power Authority
  l. Albany Convention Center Authority
  m. State of New York Municipal  Bond  Bank  Agency  for  bonds  issued
pursuant to section two thousand four hundred thirty-six-b of this chap-
ter
  n. North Country Power Authority
  O. PUBLIC SERVICE COMMISSION
  Any  application  made  concerning  a project shall include the terms,
conditions and dates of the repayment of state appropriations authorized
by law pursuant to a repayment agreement. Any subsidiary of,  or  corpo-
ration  with  the  same members or directors as, a public benefit corpo-
ration subject to the provisions of this section shall also  be  subject
to  the  provisions of this section. All applications and submissions to

S. 6724--A                          3

the board required to be made by a subsidiary shall be made on behalf of
such subsidiary by the public  benefit  corporation  which  created  the
subsidiary.
  1-B.  No  public benefit corporation subject to the provisions of this
section shall make any commitment, enter into any agreement or incur any
indebtedness for the purpose of acquiring,  constructing,  or  financing
any  project  unless  prior approval has been received from the board by
such public benefit corporation as provided herein.
  S 4. Subdivision 3 of section 51 of the  public  authorities  law,  as
added by chapter 838 of the laws of 1983, is amended to read as follows:
  3.  The  board  may  approve  applications only upon its determination
that[,]:
  A. with relation to any proposed project,  there  are  commitments  of
funds  sufficient  to  finance  the acquisition and construction of such
project; OR
  B. A FULL COST-BENEFIT ANALYSIS, INCLUDING PUBLIC  COMMENT  AND  HEAR-
INGS, HAS BEEN CONDUCTED AS TO THE IMPACT OF ANY OF THE FOLLOWING ACTIV-
ITIES THAT ARE SUBJECT TO ITS JURISDICTION PURSUANT TO THIS SECTION:
  (1)  AN  INCREASE  IN  RATES,  CHARGES, SURCHARGES, ASSESSMENTS, FEES,
LEVIES, OR ANY OTHER COLLECTIONS; OR
  (2) A TRANSFER, REPURPOSING, REPROGRAMMING, OR ANY OTHER  ACTION  THAT
WOULD  CHANGE  THE  USE OF MONEY PREVIOUSLY DESIGNATED OR INTENDED FOR A
DIFFERENT PURPOSE; AND
  C. THAT SUCH COST-BENEFIT ANALYSIS SHOWS THAT THE ACTIONS DESCRIBED IN
PARAGRAPH B OF THIS SUBDIVISION ARE JUST, REASONABLE, AND IN THE  PUBLIC
INTEREST.    In determining the sufficiency of commitments of funds, the
board may consider commitments of funds, projections of  fees  or  other
revenues  and  security,  which  may,  in  the  discretion of the board,
include collateral security sufficient to retire a proposed indebtedness
or protect or indemnify against potential  liabilities  proposed  to  be
undertaken. A copy of such determination shall be submitted to the chief
executive officer of the appropriate public benefit corporation OR OTHER
ENTITY  SUBJECT  TO  THE BOARD'S JURISDICTION and SUBMITTED TO the state
comptroller.
  S 5. This act shall take effect immediately.

co-Sponsors

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2015-S6724B (ACTIVE) - Details

Current Committee:: Assembly Corporations, Authorities And Commissions
Law Section:: Public Service Law
Laws Affected:: Add §5-a, Pub Serv L; amd §§1854 & 51, Pub Auth L

2015-S6724B (ACTIVE) - Summary

Relates to oversight by the New York state public authorities control board.

2015-S6724B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6724B

 TITLE OF BILL :  An act to amend the public service law and the
public authorities law, in relation to oversight by the New York state
public authorities control board

 PURPOSE OF THE BILL :

This bill would increase Legislative oversight over the New York State
Public Service Commission (PSC) and the New York State Energy Research
and Development Authority (NYSERDA).

 SUMMARY OF PROVISIONS :

Section 1 of the bill would require the PSC to obtain approval from
the New York State Public Authorities Control Board (PACB) for the
following actions by the PSC:

- an increase in rates, charges, surcharges, assessments, fees,
levies, or any other collections, which would increase costs for
ratepayers by more than $700,000; collected solely for and directed to
NYSERDA the PACB's jurisdiction would apply to these activities that
amount to a total of $700,000, regardless of whether they are
implemented through a single action or a series of actions, as
described in the bill; and/or

- a transfer, repurposing, reprogramming, or any other action that
would change the use of money directed to NYSERDA previously
designated or intended for a different purpose.

The PSC would conduct a cost-benefit analysis of the public benefit of
these actions and would provide the analysis to the PACB, along with
the PSC's application to the PACB for approval of the actions.

Section 2 of the bill would require a similar approval process by the
PACB of NYSERDA's activities in the area of any transfer, repurposing,
reprogramming, or any other action that would change the use of money
previously designated or intended for a different purpose.

Section 3 of the bill would add the PSC to the list of entities that
are subject to the PACB's jurisdiction.

Section 4 of the bill would expand the PACB's decision-making criteria
to include a determination that a cost-benefit analysis of the actions
regulated by this bill shows that those actions are in the public
interest.

Section 5 of the bill states that these provisions would be effective
as of June 25, 2015.

 JUSTIFICATION :

The Legislature finds that its delegation of ratemaking authority to
the PSC would benefit from additional supervision by the PACB in order
to provide oversight over the PSC' s actions to impose very large
costs on ratepayers or to transfer funds away from their original
purposes. Additionally, this PACB oversight should be extended to
NYSERDA, as the Authority also is involved in the repurposing of
funds.

Through its appointments to the PACB, the Legislature will ensure that
these actions by the PSC and NYSERDA are in the public interest. The
Legislature has a just role in the approval of transactions that
involve very large sums of money in order to ensure the best outcome
for ratepayers.

Recently, the PSC approved a $5.322 billion Clean Energy Fund that
would be in place for ten years. NYSERD proposed the creation of the
Fund on June 25, 2015. Monies in this Fund arise from additional
collections from ratepayers and the repurposing of funds originally
intended for activities such as promoting investments in large-scale
renewables and energy efficiency. Through the PACB, the Legislature
maintains its jurisdictional oversight role over these types of
transactions to ensure that they are in the public interest.

NYSERDA also is involved in the transfer and repurposing of funds,
such as those related to the Regional Greenhouse Gas Initiative.
Although the Authority conducts stakeholder meetings on the use of
these monies, NYSERDA's actual decision-making process to determine
the use of its funds is less than transparent. Additionally, NYSERDA
often announces the provision of funds for various purposes without
stating from where the funds originate and by which process the
funding decision was made. Through the PACB, the Legislature would
review these transactions and would ensure that they achieve the best
outcome.

 LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

Nominal

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S6724B (ACTIVE) - Bill Text download pdf

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

                                 6724--B

                            I N  S E N A T E

                            February 10, 2016
                               ___________

Introduced by Sens. DeFRANCISCO, CROCI, FUNKE, GALLIVAN, GRIFFO, MURPHY,
  O'MARA,  RANZENHOFER,  SERINO  --  read twice and ordered printed, and
  when printed to be committed to the Committee on Energy and Telecommu-
  nications -- committee discharged, bill amended, ordered reprinted  as
  amended  and  recommitted  to  said committee -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

AN  ACT  to amend the public service law and the public authorities law,
  in relation to oversight by the  New  York  state  public  authorities
  control board

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

  Section 1. The public service law is amended by adding a  new  section
5-a to read as follows:
  S  5-A.  OVERSIGHT  BY  THE  NEW YORK STATE PUBLIC AUTHORITIES CONTROL
BOARD.  1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,
THE  COMMISSION SHALL APPLY TO, AND OBTAIN THE APPROVAL OF, THE NEW YORK
STATE PUBLIC AUTHORITIES CONTROL BOARD CREATED PURSUANT TO ARTICLE ONE-A
OF THE PUBLIC AUTHORITIES LAW PRIOR  TO  TAKING  ANY  OF  THE  FOLLOWING
ACTIONS:
  (A)  AN  INCREASE  IN  RATES,  CHARGES, SURCHARGES, ASSESSMENTS, FEES,
LEVIES, OR ANY OTHER COLLECTIONS, WHICH WOULD INCREASE REVENUES OBTAINED
FROM RATEPAYERS BY MORE THAN SEVEN HUNDRED THOUSAND  DOLLARS  AND  WHICH
REVENUES  ARE  COLLECTED  SOLELY  FOR AND DIRECTED TO THE NEW YORK STATE
ENERGY RESEARCH AND  DEVELOPMENT  AUTHORITY  AND  WOULD  BE  EFFECTUATED
THROUGH  A SINGLE ORDER, DECISION, OR ADMINISTRATIVE ACTION OR THROUGH A
SERIES OF SUCH ACTIVITIES; OR
  (B) A TRANSFER, REPURPOSING, REPROGRAMMING, OR ANY OTHER  ACTION  THAT
WOULD  CHANGE  THE  USE  OF  MONEY DIRECTED TO THE NEW YORK STATE ENERGY
RESEARCH AND DEVELOPMENT AUTHORITY PREVIOUSLY DESIGNATED OR INTENDED FOR
A DIFFERENT PURPOSE.
  2. EACH SUCH APPLICATION BY THE  COMMISSION  TO  THE  NEW  YORK  STATE
PUBLIC AUTHORITIES CONTROL BOARD SHALL CONTAIN A DESCRIPTION OF ANY SUCH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14054-03-6

S. 6724--B                          2

ACTION  SET  FORTH IN SUBDIVISION ONE OF THIS SECTION AND AN EXPLANATION
OF WHY THE ACTION IS JUST AND REASONABLE AND IN THE PUBLIC INTEREST.
  3.  THE COMMISSION SHALL CONDUCT A FULL COST-BENEFIT ANALYSIS, INCLUD-
ING PUBLIC COMMENT AND HEARINGS, AS TO THE IMPACT OF ANY SUCH ACTION AND
PROVIDE A COPY OF THE ANALYSIS WITH ITS  APPLICATION  TO  THE  NEW  YORK
STATE PUBLIC AUTHORITIES CONTROL BOARD.
  S 2. Section 1854 of the public authorities law is amended by adding a
new subdivision 22 to read as follows:
  22.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, THE
AUTHORITY SHALL APPLY TO, AND OBTAIN THE APPROVAL OF, THE NEW YORK STATE
PUBLIC AUTHORITIES CONTROL BOARD CREATED PURSUANT TO  ARTICLE  ONE-A  OF
THIS  CHAPTER PRIOR TO UNDERTAKING ANY TRANSFER, REPURPOSING, REPROGRAM-
MING, OR ANY OTHER ACTION THAT WOULD CHANGE THE USE OF MONEY  PREVIOUSLY
DESIGNATED OR INTENDED FOR A DIFFERENT PURPOSE. EACH SUCH APPLICATION BY
THE  AUTHORITY  SHALL CONTAIN A DESCRIPTION OF ANY SUCH ACTION SET FORTH
IN THIS SUBDIVISION AND AN EXPLANATION OF WHY THE  ACTION  IS  JUST  AND
REASONABLE  AND  IN  THE  PUBLIC INTEREST. THE AUTHORITY SHALL CONDUCT A
FULL COST-BENEFIT ANALYSIS, INCLUDING PUBLIC COMMENT AND HEARINGS, AS TO
THE IMPACT OF ANY SUCH ACTION AND PROVIDE A COPY OF  THE  ANALYSIS  WITH
ITS APPLICATION TO THE NEW YORK STATE PUBLIC AUTHORITIES CONTROL BOARD.
  S  3.  Subdivision  1  of section 51 of the public authorities law, as
added by chapter 838 of the laws of 1983, paragraph k as added by  chap-
ter  506 of the laws of 1995, paragraph 1 as added by chapter 468 of the
laws of 2004, paragraph m as added by section 10 of part  E  of  chapter
494  of the laws of 2009, and paragraph n as added by chapter 533 of the
laws of 2010, is amended to read as follows:
  1. The New York state public authorities control board shall have  the
power and it shall be its duty to receive applications for approval of:
  A. the financing and construction of any project; OR
  B.  AN  INCREASE  IN  RATES,  CHARGES,  SURCHARGES, ASSESSMENTS, FEES,
LEVIES, OR ANY OTHER COLLECTIONS, WHICH WOULD INCREASE REVENUES OBTAINED
FROM RATEPAYERS OR TAXPAYERS BY MORE THAN SEVEN HUNDRED THOUSAND DOLLARS
AND WHICH REVENUES ARE COLLECTED SOLELY FOR AND DIRECTED TO THE NEW YORK
STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY AND WOULD BE EFFECTUATED
THROUGH A SINGLE ORDER, DECISION, OR ADMINISTRATIVE ACTION OR THROUGH  A
SERIES OF SUCH ACTIVITIES; OR
  C.  A  TRANSFER,  REPURPOSING, REPROGRAMMING, OR ANY OTHER ACTION THAT
WOULD CHANGE THE USE OF MONEY DIRECTED TO  THE  NEW  YORK  STATE  ENERGY
RESEARCH AND DEVELOPMENT AUTHORITY PREVIOUSLY DESIGNATED OR INTENDED FOR
A DIFFERENT PURPOSE.
  1-A.  SUCH  APPLICATIONS WOULD BE THOSE THAT MAY BE proposed by any of
the following state public benefit corporations OR ENTITIES:
  a. New York state environmental facilities corporation
  b. New York state housing finance agency
  c. New York state medical care facilities finance agency
  d. Dormitory authority
  e. New York state urban development corporation
  f. Job development authority
  g. Battery park city authority
  h. New York state project finance agency
  i. State of New York mortgage agency
  j. New York state energy research and development authority
  k. Long Island Power Authority
  l. Albany Convention Center Authority

S. 6724--B                          3

  m. State of New York Municipal  Bond  Bank  Agency  for  bonds  issued
pursuant to section two thousand four hundred thirty-six-b of this chap-
ter
  n. North Country Power Authority
  O. PUBLIC SERVICE COMMISSION
  Any  application  made  concerning  a project shall include the terms,
conditions and dates of the repayment of state appropriations authorized
by law pursuant to a repayment agreement. Any subsidiary of,  or  corpo-
ration  with  the  same members or directors as, a public benefit corpo-
ration subject to the provisions of this section shall also  be  subject
to  the  provisions of this section. All applications and submissions to
the board required to be made by a subsidiary shall be made on behalf of
such subsidiary by the public  benefit  corporation  which  created  the
subsidiary.
  1-B.  No  public benefit corporation subject to the provisions of this
section shall make any commitment, enter into any agreement or incur any
indebtedness for the purpose of acquiring,  constructing,  or  financing
any  project  unless  prior approval has been received from the board by
such public benefit corporation as provided herein.
  S 4. Subdivision 3 of section 51 of the  public  authorities  law,  as
added by chapter 838 of the laws of 1983, is amended to read as follows:
  3.  The  board  may  approve  applications only upon its determination
that[,]:
  A. with relation to any proposed project,  there  are  commitments  of
funds  sufficient  to  finance  the acquisition and construction of such
project; OR
  B. A FULL COST-BENEFIT ANALYSIS, INCLUDING PUBLIC  COMMENT  AND  HEAR-
INGS, HAS BEEN CONDUCTED AS TO THE IMPACT OF ANY OF THE FOLLOWING ACTIV-
ITIES THAT ARE SUBJECT TO ITS JURISDICTION PURSUANT TO THIS SECTION:
  (1)  AN  INCREASE  IN  RATES,  CHARGES, SURCHARGES, ASSESSMENTS, FEES,
LEVIES, OR ANY OTHER COLLECTIONS; OR
  (2) A TRANSFER, REPURPOSING, REPROGRAMMING, OR ANY OTHER  ACTION  THAT
WOULD  CHANGE  THE  USE OF MONEY PREVIOUSLY DESIGNATED OR INTENDED FOR A
DIFFERENT PURPOSE; AND
  C. THAT SUCH COST-BENEFIT ANALYSIS SHOWS THAT THE ACTIONS DESCRIBED IN
PARAGRAPH B OF THIS SUBDIVISION ARE JUST, REASONABLE, AND IN THE  PUBLIC
INTEREST.    In determining the sufficiency of commitments of funds, the
board may consider commitments of funds, projections of  fees  or  other
revenues  and  security,  which  may,  in  the  discretion of the board,
include collateral security sufficient to retire a proposed indebtedness
or protect or indemnify against potential  liabilities  proposed  to  be
undertaken. A copy of such determination shall be submitted to the chief
executive officer of the appropriate public benefit corporation OR OTHER
ENTITY  SUBJECT  TO  THE BOARD'S JURISDICTION and SUBMITTED TO the state
comptroller.
  S 5. This act shall take effect immediately.

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Senate Bill S6724B

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Jun 15, 2016 - Floor Vote

Floor Vote: Jun 15, 2016

May 24, 2016 - Energy And Telecommunications Committee Vote

Energy And Telecommunications Committee Vote: May 24, 2016

Bill Amendments

2015-S6724 - Details

2015-S6724 - Summary

2015-S6724 - Sponsor Memo

2015-S6724 - Bill Text download pdf

co-Sponsors

2015-S6724A - Details

2015-S6724A - Summary

2015-S6724A - Sponsor Memo

2015-S6724A - Bill Text download pdf

co-Sponsors

2015-S6724B (ACTIVE) - Details

2015-S6724B (ACTIVE) - Summary

2015-S6724B (ACTIVE) - Sponsor Memo

2015-S6724B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6724B

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Sponsored By

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

2015-S6724 - Details

2015-S6724 - Summary

2015-S6724 - Sponsor Memo

2015-S6724 - Bill Text download pdf

co-Sponsors

2015-S6724A - Details

2015-S6724A - Summary

2015-S6724A - Sponsor Memo

2015-S6724A - Bill Text download pdf

co-Sponsors

2015-S6724B (ACTIVE) - Details

2015-S6724B (ACTIVE) - Summary

2015-S6724B (ACTIVE) - Sponsor Memo

2015-S6724B (ACTIVE) - Bill Text download pdf

Comments