Legislation
SECTION 1020-G
Powers to provide and maintain generating, transmission and resource recovery waste to energy facilities
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 1-A
§ 1020-g. Powers to provide and maintain generating, transmission and
resource recovery waste to energy facilities. Without limiting the
generality of the powers conferred upon the authority by section one
thousand twenty-f of this title, the authority shall have the specific
power:
(a) Subject to the provisions of subdivision one of section ten
hundred twenty-s of this title, to acquire, construct, improve,
rehabilitate, maintain and operate such generating, transmission and
related facilities as the authority deems necessary or desirable to
maintain an adequate and dependable supply of gas and electric power
within the service area;
(b) Subject to the provisions of subdivision one of section ten
hundred twenty-s of this title, to acquire, construct, improve,
rehabilitate, maintain and operate such hydroelectric or energy storage
projects within the state as it deems necessary or desirable to
contribute to the adequacy, economy and reliability of the supply of
electric power and energy or to conserve fuel;
(c) Subject to the provisions of subdivision one of section ten
hundred twenty-s of this title, to determine the location, type, size,
construction, lease, purchase, ownership, acquisition, use and operation
of any generating, transmission or other related facility, provided,
however, that in making such determinations relating to electric power
facilities the authority shall give primary consideration to the
construction of energy efficient facilities, energy conservation, load
management programs, and cogeneration in the service area;
(d) To proceed with the physical construction or completion of any
generating, transmission or related facility;
(e) To apply to the appropriate agencies and officials of the federal
and state governments, for such licenses, permits or approval of its
plans or projects as it may deem necessary or advisable, and to accept
such licenses, permits or approvals as may be tendered to it by such
agencies or officials, upon such terms and conditions as it may deem
appropriate;
(f) To institute suit, or to apply to any legislative body for
legislation, or to take such other action as it may deem necessary or
advisable in the furtherance of the purposes of this title and for the
protection of its rights, if for any reason the authority shall fail to
secure any such license, permit or approval as it may deem necessary or
advisable;
(g) To study means of maintaining the customer base in, and attracting
commerce and industry to the service area;
(h) To implement programs and policies designed to provide for the
interconnection of: (i) (A) solar electric generating equipment owned or
operated by residential customers, (B) farm waste electric generating
equipment owned or operated by customer-generators, (C) solar electric
generating equipment owned or operated by non-residential customers, (D)
micro-combined heat and power generating equipment owned, leased or
operated by residential customers, (E) fuel cell electric generating
equipment owned, leased or operated by residential customers, and (F)
micro-hydroelectric generating equipment owned, leased or operated by
customer-generators and for net energy metering consistent with section
sixty-six-j of the public service law, to increase the efficiency of
energy end use, to shift demand from periods of high demand to periods
of low demand and to facilitate the development of cogeneration; and
(ii) wind electric generating equipment owned or operated by
customer-generators and for net energy metering consistent with section
sixty-six-l of the public service law.
(i) To develop, with public participation, a comprehensive least-cost
plan which shall consider practical and economical use of conservation,
renewable resources, and cogeneration for providing service to its
customers;
(j) To cooperate with and to enter into contractual arrangements with
private utility companies or public entities:
(i) with respect to the construction and operation of facilities by
the authority and the sale of all or part of the output therefrom;
(ii) with respect to the construction, completion, acquisition,
ownership and/or operation of generating facilities, fuel, docks,
sidings, loading or unloading equipment, storage facilities and other
subsidiary facilities and the disposition of the output of such
generating facilities; and
(iii) with respect to the construction, acquisition, ownership,
operation and/or use of transmission facilities;
(k) To cooperate with and to enter into contractual arrangements with
municipalities with respect to the construction, improvement,
rehabilitation, ownership and/or operation of generating facilities;
(l) To cooperate with and to enter into contractual arrangements with
the New York state energy research and development authority in
connection with the planning, siting, development, construction,
operation and maintenance of generating facilities of the authority
utilizing new energy technologies;
(m) Subject to the provisions of section ten hundred twenty-aa of this
title, to construct, maintain and operate resource recovery waste to
energy facilities; and
(n) After the establishment of Long Island Power Authority (LIPA) and
the commencement of its function as a utility, LIPA shall acquire from
LILCO all franchise and utility service responsibilities for all
ultimate consumers of gas and electricity within LILCO's former service
territory, including the responsibility to provide safe and adequate
service.
resource recovery waste to energy facilities. Without limiting the
generality of the powers conferred upon the authority by section one
thousand twenty-f of this title, the authority shall have the specific
power:
(a) Subject to the provisions of subdivision one of section ten
hundred twenty-s of this title, to acquire, construct, improve,
rehabilitate, maintain and operate such generating, transmission and
related facilities as the authority deems necessary or desirable to
maintain an adequate and dependable supply of gas and electric power
within the service area;
(b) Subject to the provisions of subdivision one of section ten
hundred twenty-s of this title, to acquire, construct, improve,
rehabilitate, maintain and operate such hydroelectric or energy storage
projects within the state as it deems necessary or desirable to
contribute to the adequacy, economy and reliability of the supply of
electric power and energy or to conserve fuel;
(c) Subject to the provisions of subdivision one of section ten
hundred twenty-s of this title, to determine the location, type, size,
construction, lease, purchase, ownership, acquisition, use and operation
of any generating, transmission or other related facility, provided,
however, that in making such determinations relating to electric power
facilities the authority shall give primary consideration to the
construction of energy efficient facilities, energy conservation, load
management programs, and cogeneration in the service area;
(d) To proceed with the physical construction or completion of any
generating, transmission or related facility;
(e) To apply to the appropriate agencies and officials of the federal
and state governments, for such licenses, permits or approval of its
plans or projects as it may deem necessary or advisable, and to accept
such licenses, permits or approvals as may be tendered to it by such
agencies or officials, upon such terms and conditions as it may deem
appropriate;
(f) To institute suit, or to apply to any legislative body for
legislation, or to take such other action as it may deem necessary or
advisable in the furtherance of the purposes of this title and for the
protection of its rights, if for any reason the authority shall fail to
secure any such license, permit or approval as it may deem necessary or
advisable;
(g) To study means of maintaining the customer base in, and attracting
commerce and industry to the service area;
(h) To implement programs and policies designed to provide for the
interconnection of: (i) (A) solar electric generating equipment owned or
operated by residential customers, (B) farm waste electric generating
equipment owned or operated by customer-generators, (C) solar electric
generating equipment owned or operated by non-residential customers, (D)
micro-combined heat and power generating equipment owned, leased or
operated by residential customers, (E) fuel cell electric generating
equipment owned, leased or operated by residential customers, and (F)
micro-hydroelectric generating equipment owned, leased or operated by
customer-generators and for net energy metering consistent with section
sixty-six-j of the public service law, to increase the efficiency of
energy end use, to shift demand from periods of high demand to periods
of low demand and to facilitate the development of cogeneration; and
(ii) wind electric generating equipment owned or operated by
customer-generators and for net energy metering consistent with section
sixty-six-l of the public service law.
(i) To develop, with public participation, a comprehensive least-cost
plan which shall consider practical and economical use of conservation,
renewable resources, and cogeneration for providing service to its
customers;
(j) To cooperate with and to enter into contractual arrangements with
private utility companies or public entities:
(i) with respect to the construction and operation of facilities by
the authority and the sale of all or part of the output therefrom;
(ii) with respect to the construction, completion, acquisition,
ownership and/or operation of generating facilities, fuel, docks,
sidings, loading or unloading equipment, storage facilities and other
subsidiary facilities and the disposition of the output of such
generating facilities; and
(iii) with respect to the construction, acquisition, ownership,
operation and/or use of transmission facilities;
(k) To cooperate with and to enter into contractual arrangements with
municipalities with respect to the construction, improvement,
rehabilitation, ownership and/or operation of generating facilities;
(l) To cooperate with and to enter into contractual arrangements with
the New York state energy research and development authority in
connection with the planning, siting, development, construction,
operation and maintenance of generating facilities of the authority
utilizing new energy technologies;
(m) Subject to the provisions of section ten hundred twenty-aa of this
title, to construct, maintain and operate resource recovery waste to
energy facilities; and
(n) After the establishment of Long Island Power Authority (LIPA) and
the commencement of its function as a utility, LIPA shall acquire from
LILCO all franchise and utility service responsibilities for all
ultimate consumers of gas and electricity within LILCO's former service
territory, including the responsibility to provide safe and adequate
service.