Assembly Bill A9035

2021-2022 Legislative Session

Establishes a legislative commission on the future of the Long Island Power Authority

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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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2021-A9035 (ACTIVE) - Details

See Senate Version of this Bill:
S7576
Current Committee:
Assembly Governmental Operations
Law Section:
Legislative Law
Laws Affected:
Add §83-n, Leg L

2021-A9035 (ACTIVE) - Summary

Establishes an eight member legislative commission on the future of the Long Island Power Authority to investigate and evaluate the establishment of a public power model for the operation of LIPA, whereby the authority would directly operate the utility as a true public power authority; makes related provisions.

2021-A9035 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9035
 
                           I N  A S S E M B L Y
 
                             January 21, 2022
                                ___________
 
 Introduced  by M. of A. THIELE, ENGLEBRIGHT -- read once and referred to
   the Committee on Governmental Operations
 
 AN ACT to amend the legislative  law,  in  relation  to  establishing  a
   legislative commission on the future of the Long Island Power Authori-
   ty
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The legislative law is amended by adding a new section 83-n
 to read as follows:
   § 83-N. LEGISLATIVE COMMISSION ON THE FUTURE OF THE LONG ISLAND  POWER
 AUTHORITY. 1. THE LEGISLATURE HEREBY FINDS AND DECLARES THAT CHAPTER 517
 OF THE LAWS OF 1986 CREATED THE LONG ISLAND POWER AUTHORITY (LIPA). SAID
 AUTHORITY  WAS  CREATED,  IN  PART,  BECAUSE THE DECISIONS BY LILCO, THE
 PRIVATE UTILITY THAT PROVIDED ELECTRICITY TO LONG  ISLAND  AND  PART  OF
 QUEENS,  "TO  COMMENCE  CONSTRUCTION OF THE SHOREHAM NUCLEAR POWER PLANT
 AND THEREAFTER TO CONTINUE SUCH CONSTRUCTION WERE  IMPRUDENT".  FURTHER,
 THE  LEGISLATURE  FOUND IN CHAPTER 517 OF THE LAWS OF 1986 THAT "A SITU-
 ATION THREATENING THE ECONOMY, HEALTH AND SAFETY EXISTS IN  THE  SERVICE
 AREA". ONE OF THE TWO EXPRESS PURPOSES OF THE ACT WAS THE CLOSURE OF THE
 SHOREHAM  NUCLEAR POWER PLANT. IN 1992, LIPA BOUGHT THE SHOREHAM NUCLEAR
 POWER PLANT. THE PLANT WAS FULLY DECOMMISSIONED IN 1994.
   THE SECOND PURPOSE OF SUCH CHAPTER 517 WAS TO  REPLACE  LILCO  WITH  A
 PUBLICLY  OWNED  POWER AUTHORITY. THE LEGISLATURE FOUND THAT "THERE IS A
 LACK OF CONFIDENCE THAT THE NEEDS OF THE RESIDENTS AND OF  COMMERCE  AND
 INDUSTRY  IN THE SERVICE AREA FOR ELECTRICITY CAN BE SUPPLIED IN A RELI-
 ABLE, EFFICIENT AND ECONOMIC MANNER BY THE LONG ISLAND LIGHTING  COMPANY
 (HEREINAFTER REFERRED TO AS "LILCO")" AND "SUCH MATTERS OF STATE CONCERN
 BEST  CAN  BE DEALT WITH BY REPLACING SUCH INVESTOR OWNED UTILITY WITH A
 PUBLICLY OWNED POWER AUTHORITY."
   IN 1995, LIPA REPLACED LILCO AS THE ELECTRIC COMPANY FOR  ITS  SERVICE
 AREA.  HOWEVER,  LIPA  WAS  NEVER  ESTABLISHED AS A TRUE "PUBLICLY OWNED
 POWER AUTHORITY" AS ORIGINALLY  ENVISIONED  BY  THE  STATE  LEGISLATURE.
 RATHER,  SINCE  1995,  LIPA HAS OPTED FOR A THIRD-PARTY MANAGEMENT MODEL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13601-08-1
              

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