Clarifies provisions of the Long Island Power Authority Act regarding whether such act preempts certain powers granted to any municipality located in whole or in part in the service area of the Long Island Power Authority by providing that it does not preempt such municipalities from exercising their authority to establish municipal power agencies and to acquire facilities through eminent domain.

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S3447-2011 Actions

• Jan 4, 2012: REFERRED TO ENERGY AND TELECOMMUNICATIONS
• Jun 24, 2011: COMMITTED TO RULES
• Jun 14, 2011: ADVANCED TO THIRD READING
• Jun 13, 2011: 2ND REPORT CAL.
• Jun 7, 2011: 1ST REPORT CAL.1073
• Feb 22, 2011: REFERRED TO ENERGY AND TELECOMMUNICATIONS

S3447-2011 Meetings

Energy and Telecommunications: Jun 7, 2011

S3447-2011 Calendars

Floor Calendar: Jun 13, 2011 , Floor Calendar: Jun 14, 2011 , Floor Calendar: Jun 15, 2011 , Floor Calendar: Jun 16, 2011 , Floor Calendar: Jun 17, 2011 , Floor Calendar: Jun 21, 2011 , Floor Calendar: Jun 22, 2011 , Floor Calendar: Jun 23, 2011 , Floor Calendar: Jun 24, 2011

S3447-2011 Votes

S3447-2011 Memo

BILL NUMBER:S3447

TITLE OF BILL:
An act
to amend the public authorities law, in relation to powers granted to
municipalities concerning public utility services

PURPOSE:
To clarify the Long Island Power Authority Act by providing that it
does not preempt municipalities from exercising their authority to
establish municipal power agencies under the General Municipal Law.

SUMMARY OF PROVISIONS:
Adds two new subdivisions (12) and (13) to � 1020(h) of the public
authorities law.

JUSTIFICATION:
Local governments across Long Island are exploring alternatives to
LILCO with regard to the preparation of electric power. LILCO has the
highest electric rates in the United States. One of the options to
LILCO would be for a local government to set up their own power
agency under the General Municipal Law, acquiring LILCO's
distribution system and acquire power from cheaper sources than LILCO.

However, existing law is unclear as to whether local governments on
Long Island still have this option or whether they have been
preempted by the LIPA Act.

This law would make it clear that no preemption is in effect. It would
also benefit any local government attempting municipalization by
making the LIP A findings concerning valuation applicable to local
government.

LEGISLATIVE HISTORY:
2009-10, S.3646/A.7200; 2007-08, S.666/A.1282; 2005-06, S.1367/A.2536;
2003-04, S.752/A.1402;
2001-02 S.2105/A.3605; 1999-00 S.1628/A.2826; 1997-98, S.1376/A.2126;
1995-96, S.5047/A.7267

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S3447-2011 Text

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

      S. 3447                                                  A. 5494

                         2011-2012 Regular Sessions

                        SENATE - ASSEMBLY

                              February 22, 2011
                                 ___________

  IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
    ed,  and  when  printed to be committed to the Committee on Energy and
    Telecommunications

  IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
    to the Committee on Corporations, Authorities and Commissions

  AN ACT to amend the public authorities law, in relation to powers grant-
    ed to municipalities concerning public utility services

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


    Section 1. Section 1020-h of the public authorities law, as  added  by
  chapter  517  of the laws of 1986, is amended by adding two new subdivi-
  sions 12 and 13 to read as follows:

    12. NOTHING IN THIS TITLE SHALL BE CONSTRUED AS PREEMPTING, OR  OTHER-
  WISE  LIMITING,  THE  RIGHTS  OF ANY MUNICIPALITY LOCATED IN WHOLE OR IN
  PART IN THE SERVICE AREA FROM EXERCISING ANY POWER OR AUTHORITY  GRANTED
  TO  IT BY ARTICLE FOURTEEN-A OF THE GENERAL MUNICIPAL LAW, INCLUDING THE
  RIGHT TO ACQUIRE FACILITIES THROUGH  EMINENT  DOMAIN  AS  SET  FORTH  IN
  SUBDIVISION  SIX OF SECTION THREE HUNDRED SIXTY OF THE GENERAL MUNICIPAL
  LAW.
    13. IN CONJUNCTION WITH THE EXERCISE OF THE POWER  OF  EMINENT  DOMAIN
  SPECIFICALLY  RESERVED  TO MUNICIPALITIES LOCATED IN WHOLE OR IN PART IN
  THE SERVICE AREA, THE LEGISLATIVE FINDINGS WITH RESPECT TO THE APPROPRI-
  ATE VALUATION OF LILCO'S  PROPERTY,  AS  SET  FORTH  IN  PARAGRAPHS  (F)
  THROUGH  (M)  OF SUBDIVISION ONE OF THIS SECTION, SHALL BE CONSIDERED BY
  THE COURT IN ESTABLISHING JUST COMPENSATION FOR ANY  PROPERTY  TAKEN  BY
  ANY SUCH MUNICIPALITY.
    S 2. This act shall take effect immediately.


   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD03818-01-1