Directs the public service commission to provide notice, in a city having a population of one million or more, to the appropriate local community board prior to such commission's consideration of granting permission to a gas corporation or electric corporation furnishing utility service to acquire or sell land; such community boards shall also be provided with the opportunity to submit comments and recommendations on the proposed sale or acquisition; directs the public service commission to address and respond to such comments and recommendations.

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S2525-2011 Actions

• Jan 4, 2012: REFERRED TO ENERGY AND TELECOMMUNICATIONS
• Jan 25, 2011: REFERRED TO ENERGY AND TELECOMMUNICATIONS

S2525-2011 Memo

BILL NUMBER:S2525

TITLE OF BILL:
An act
to amend the public service law, in relation to requiring the public
service commission to provide the appropriate local community board in a
city with a population of one million or more with notice of and
opportunity to comment and make recommendations
on any proposed sale or acquisition of real
property by a gas corporation or electric corporation furnishing utility
service

SUMMARY OF SPECIFIC PROVISIONS:
Section 107 of the
public service law is amended by adding a new subdivision 3 which states
that the PSC shall provide the local community board having jurisdiction
over the property with notice of the proposed transaction within ten
days of receiving an application for approval of the transaction.

The  local community board will submit written comments and
recommendations to the commission on the proposed transaction
within thirty days of receiving such notice which the commission
is required to respond to, prior to making its determination
of the application.

JUSTIFICATION:
When gas or electric corporation
attempts to sell or acquire land in cities with a population of one
million or more, the transfers require approval from the Public Service
Commission, but at no point does the PSC notify the affected community
or seek its advisory opinion.

Since the residents of the community who
are most significantly impact from such a land transfer have unique
knowledge of the community, they should be consulted and given the
opportunity to relay their concerns to the PSC.

This legislation would
allow the local community to be informed about and voice its opinion
regarding these issues through its local community board, which has this
responsibility for other land use matters of significance.

PRIOR LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the
sixtieth day after it shall have become a law.

S2525-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    2525

                         2011-2012 Regular Sessions

                              I N  SENATE

                              January 25, 2011
                                 ___________

  Introduced  by Sen. GIANARIS -- 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 service law, in relation to requiring the
    public service commission to provide the appropriate  local  community
    board  in  a city with a population of one million or more with notice
    of and opportunity to comment and make recommendations on any proposed
    sale or acquisition of real property by a gas corporation or  electric
    corporation furnishing utility service

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Section 107 of the public service law is amended by  adding
  a new subdivision 3 to read as follows:

    3. WITH REGARD TO THE PROPOSED SALE OR ACQUISITION OF REAL PROPERTY BY
  ANY  GAS  CORPORATION OR ELECTRIC CORPORATION FURNISHING UTILITY SERVICE
  IN A CITY HAVING A POPULATION OF ONE MILLION  OR  MORE,  THE  COMMISSION
  SHALL  PROVIDE  THE  LOCAL COMMUNITY BOARD HAVING JURISDICTION OVER SUCH
  REAL PROPERTY WITH NOTICE OF SUCH  PROPOSED  TRANSACTION,  BY  CERTIFIED
  MAIL, RETURN RECEIPT REQUESTED, WITHIN TEN DAYS OF RECEIVING AN APPLICA-
  TION  FOR  APPROVAL  OF THE TRANSACTION. WITHIN THIRTY DAYS OF RECEIVING
  SUCH NOTICE, A LOCAL COMMUNITY BOARD  SHALL  SUBMIT  TO  THE  COMMISSION
  WRITTEN  COMMENTS  AND RECOMMENDATIONS ON SUCH PROPOSED TRANSACTION. THE
  COMMISSION SHALL ADDRESS AND RESPOND TO ALL COMMENTS AND RECOMMENDATIONS
  SUBMITTED BY A LOCAL COMMUNITY BOARD PRIOR TO MAKING  ITS  DETERMINATION
  OF THE APPLICATION OF THE PUBLIC UTILITY.
    S  2.  This  act  shall take effect on the sixtieth day after it shall
  have become a law.


   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD05783-01-1