S T A T E O F N E W Y O R K
________________________________________________________________________
4423--A
2017-2018 Regular Sessions
I N S E N A T E
February 14, 2017
___________
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:
§ 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.
LBD02549-02-7
S. 4423--A 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.
§ 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.
§ 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. 4423--A 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.
§ 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.
§ 5. This act shall take effect immediately.
