NY State Senate Bill 2017-S691

Senate Bill S691

2017-2018 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 Energy And Telecommunications 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 03, 2018	referred to energy and telecommunications
Jan 04, 2017	referred to energy and telecommunications

2017-S691 (ACTIVE) - Details

See Assembly Version of this Bill:: A5602
Current Committee:: Senate Energy And Telecommunications
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
2015-2016: S4414, A3780
2019-2020: S5176, A4610
2021-2022: S3652, A5822
2023-2024: S1311, A2219

2017-S691 (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.

2017-S691 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S691

 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. 4414A/A. 3780A; Voted out of Energy Committee and Sent to Finance
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

2017-S691 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    691
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 4, 2017
                                ___________
 
 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.

                                                            LBD04606-01-7

 S. 691                              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 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.
   § 2. This act shall take effect immediately.

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