NY State Senate Bill 2019-S5176

Senate Bill S5176

2019-2020 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to energy and telecommunications
Apr 12, 2019	referred to energy and telecommunications

2019-S5176 (ACTIVE) - Details

See Assembly Version of this Bill:: A4610
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
2017-2018: S691, A5602
2021-2022: S3652, A5822
2023-2024: S1311, A2219

2019-S5176 (ACTIVE) - Summary

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

2019-S5176 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5176

SPONSOR: ORTT
 
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 authori-
ty's Law to state that low cost hydropower be made available to hospi-
tals 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 author-
ities 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:

2017-2018: S. 691 Referred to Energy and Telecommunications
2015-2016: 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 & Telecommuni-
cations Committee

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately

2019-S5176 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5176
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 12, 2019
                                ___________
 
 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.

                                                            LBD02279-01-9

 S. 5176                             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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.