Legislation
SECTION 1020-C*2
Green Island power authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 1-A*
* § 1020-c. Green Island power authority. 1. There is hereby created
and established a public corporation, to be known as the "Green Island
power authority". The authority shall be a body corporate and politic
constituting a public benefit corporation, the objects of which in the
judgment of the legislature cannot be attained under general laws.
2. The authority shall have the power to acquire such real estate and
other property as may be necessary for its corporate purposes, to sue
and be sued, to incur debts, liabilities and obligations, to issue bonds
and other evidences of indebtedness, to have a seal, and to exercise all
powers authorized by this title and reasonably necessary for
accomplishing its purposes, or properly incidental thereto, subject to
the provisions herein contained and to the constitution and laws of the
United States and of the state.
3. The authority and its existence shall continue for a period of
twelve years and thereafter until all its liabilities have been met and
its bonds have been paid in full or such liabilities and bonds have
otherwise been discharged and thereupon all rights and properties of the
authority then remaining shall pass to and be vested in the village.
4. The authority shall consist of five members, to be residents of the
village and be appointed by the board of trustees on designation of the
mayor. The term of office of a member shall be five years, but in the
first instance such members shall be appointed to hold office, one for
one year, one for two years, one for three years, one for four years and
one for five years, the term of each to be fixed by the resolution
making the appointment. Upon resignation of a member, or a vacancy
occurring in any other manner, it shall be filled by appointment for the
unexpired term. In other respects, all vacancies shall be filled in the
manner corresponding to the original appointment.
5. The members of the authority may appoint an executive committee of
not less than three members and may delegate full powers to such
committee. They may appoint such other committees of not less than three
members each with such powers as they may provide. They may elect one of
the members as a chairman and may elect or appoint other officers and
determine their powers. They may by a vote of a majority of members
adopt by-laws and provide for their annual and regular meetings and for
the calling of special meetings. The treasurer of the village shall be
ex-officio treasurer of the authority and his compensation as such
treasurer shall be fixed by the members. Each member before entering
upon the duties of his office shall take the constitutional oath of
office, which shall be filed in the office of the secretary of state.
Three members shall constitute a quorum for the transaction of business
and the concurrence of three members at a meeting shall be necessary to
the validity of any resolution, order or determination. Any member may
be removed by the board of trustees for inefficiency, neglect of duty or
misconduct in office, after a hearing upon charges and an opportunity to
be heard in person or by counsel upon not less than ten days' notice.
The members shall receive such salary as shall be determined by the
board of trustees. They shall receive no reimbursement for the ordinary
expenses of attending meetings, but may by resolution of the members be
allowed their expenses of a special or extraordinary nature. A member
may receive additional compensation to be fixed by the members, if
appointed an officer of the authority.
6. No public officer or employee shall be ineligible for appointment
as a member or officer of the authority and any public officer or
employee may accept such appointment and serve as a member or officer
without forfeiture of any other public office or position of public
employment by reason thereof. Any one or more members or officers of the
authority may be an officer or employee of the village. In the event
that an officer or employee of the village shall be appointed as a
member or officer of the authority, acceptance or retention of such
appointment shall not be deemed a forfeiture of his village office or
employment, or incompatible therewith or affect his tenure or
compensation in any way.
7. It is hereby determined and declared that the authority and the
carrying out of its powers, purposes and duties are in all respects for
the benefit of the people of the village of Green Island and the state
of New York, and that said purposes are public purposes and that the
authority is and will be performing an essential governmental function
in the exercise of the powers conferred upon it by this title.
8. Neither the public service commission nor any other board or
commission of like character, shall have jurisdiction over the authority
in the management and control of its properties or operations or any
power over the regulation of rates fixed or charges collected by the
authority except as otherwise provided in this subdivision.
a. The authority's rates, services and practices with respect to power
and energy purchased from the power authority of the state of New York
shall be subject to regulation by such power authority pursuant to the
provisions of the power authority act and any contract between the two
authorities.
b. The authority's rates, services and practices with respect to power
and energy that is either (i) generated by an electric plant owned,
operated or managed by the authority, or (ii) purchased by the authority
from sources other than the power authority of the state of New York
shall be subject to regulations of the public service commission under
the provisions of the public service law.
** c. Articles seven and eight of the public service law shall apply
to the authority's siting and operation of a major electric transmission
facility as therein defined and article ten of the public service law
shall apply to the authority's siting and operation of a major electric
generating facility as therein defined.
** NB Effective until December 31, 2040
** c. Article seven of the public service law shall apply to the
authority's siting and operation of a major transmission facility as
therein defined and article ten of the public service law shall apply to
the authority's siting and operation of a major electric generating
facility as therein defined.
** NB Effective December 31, 2040
* NB There are 2 § 1020-c's
and established a public corporation, to be known as the "Green Island
power authority". The authority shall be a body corporate and politic
constituting a public benefit corporation, the objects of which in the
judgment of the legislature cannot be attained under general laws.
2. The authority shall have the power to acquire such real estate and
other property as may be necessary for its corporate purposes, to sue
and be sued, to incur debts, liabilities and obligations, to issue bonds
and other evidences of indebtedness, to have a seal, and to exercise all
powers authorized by this title and reasonably necessary for
accomplishing its purposes, or properly incidental thereto, subject to
the provisions herein contained and to the constitution and laws of the
United States and of the state.
3. The authority and its existence shall continue for a period of
twelve years and thereafter until all its liabilities have been met and
its bonds have been paid in full or such liabilities and bonds have
otherwise been discharged and thereupon all rights and properties of the
authority then remaining shall pass to and be vested in the village.
4. The authority shall consist of five members, to be residents of the
village and be appointed by the board of trustees on designation of the
mayor. The term of office of a member shall be five years, but in the
first instance such members shall be appointed to hold office, one for
one year, one for two years, one for three years, one for four years and
one for five years, the term of each to be fixed by the resolution
making the appointment. Upon resignation of a member, or a vacancy
occurring in any other manner, it shall be filled by appointment for the
unexpired term. In other respects, all vacancies shall be filled in the
manner corresponding to the original appointment.
5. The members of the authority may appoint an executive committee of
not less than three members and may delegate full powers to such
committee. They may appoint such other committees of not less than three
members each with such powers as they may provide. They may elect one of
the members as a chairman and may elect or appoint other officers and
determine their powers. They may by a vote of a majority of members
adopt by-laws and provide for their annual and regular meetings and for
the calling of special meetings. The treasurer of the village shall be
ex-officio treasurer of the authority and his compensation as such
treasurer shall be fixed by the members. Each member before entering
upon the duties of his office shall take the constitutional oath of
office, which shall be filed in the office of the secretary of state.
Three members shall constitute a quorum for the transaction of business
and the concurrence of three members at a meeting shall be necessary to
the validity of any resolution, order or determination. Any member may
be removed by the board of trustees for inefficiency, neglect of duty or
misconduct in office, after a hearing upon charges and an opportunity to
be heard in person or by counsel upon not less than ten days' notice.
The members shall receive such salary as shall be determined by the
board of trustees. They shall receive no reimbursement for the ordinary
expenses of attending meetings, but may by resolution of the members be
allowed their expenses of a special or extraordinary nature. A member
may receive additional compensation to be fixed by the members, if
appointed an officer of the authority.
6. No public officer or employee shall be ineligible for appointment
as a member or officer of the authority and any public officer or
employee may accept such appointment and serve as a member or officer
without forfeiture of any other public office or position of public
employment by reason thereof. Any one or more members or officers of the
authority may be an officer or employee of the village. In the event
that an officer or employee of the village shall be appointed as a
member or officer of the authority, acceptance or retention of such
appointment shall not be deemed a forfeiture of his village office or
employment, or incompatible therewith or affect his tenure or
compensation in any way.
7. It is hereby determined and declared that the authority and the
carrying out of its powers, purposes and duties are in all respects for
the benefit of the people of the village of Green Island and the state
of New York, and that said purposes are public purposes and that the
authority is and will be performing an essential governmental function
in the exercise of the powers conferred upon it by this title.
8. Neither the public service commission nor any other board or
commission of like character, shall have jurisdiction over the authority
in the management and control of its properties or operations or any
power over the regulation of rates fixed or charges collected by the
authority except as otherwise provided in this subdivision.
a. The authority's rates, services and practices with respect to power
and energy purchased from the power authority of the state of New York
shall be subject to regulation by such power authority pursuant to the
provisions of the power authority act and any contract between the two
authorities.
b. The authority's rates, services and practices with respect to power
and energy that is either (i) generated by an electric plant owned,
operated or managed by the authority, or (ii) purchased by the authority
from sources other than the power authority of the state of New York
shall be subject to regulations of the public service commission under
the provisions of the public service law.
** c. Articles seven and eight of the public service law shall apply
to the authority's siting and operation of a major electric transmission
facility as therein defined and article ten of the public service law
shall apply to the authority's siting and operation of a major electric
generating facility as therein defined.
** NB Effective until December 31, 2040
** c. Article seven of the public service law shall apply to the
authority's siting and operation of a major transmission facility as
therein defined and article ten of the public service law shall apply to
the authority's siting and operation of a major electric generating
facility as therein defined.
** NB Effective December 31, 2040
* NB There are 2 § 1020-c's