S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1063
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    January 8, 2015
                                      ___________
       Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
         printed to be committed to the Committee on Corporations,  Authorities
         and Commissions
       AN  ACT  to  amend  the public authorities law, in relation to the power
         authority of the state of New York and the public authorities  control
         board, and in relation to directing the New York state energy research
         and  development  authority  to conduct a study related to the state's
         natural gas infrastructure
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision 1 of section 51 of the public authorities law
    2  is amended by adding a new paragraph o to read as follows:
    3    O. POWER AUTHORITY OF THE STATE OF NEW YORK
    4    S 2. Section 1005 of the public authorities law is amended by adding a
    5  new subdivision 11-a to read as follows:
    6    11-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,  THE
    7  AUTHORITY SHALL NOT UNDERTAKE ANY PROJECT OR SALE OF ANY ASSET EXCEEDING
    8  ONE MILLION DOLLARS IN VALUE WITHOUT THE APPROVAL OF THE PUBLIC AUTHORI-
    9  TIES  CONTROL  BOARD  CREATED PURSUANT TO ARTICLE ONE-A OF THIS CHAPTER.
   10  EACH APPLICATION TO THE PUBLIC AUTHORITIES CONTROL BOARD SHALL CONTAIN A
   11  PROJECT DESCRIPTION OR DESCRIPTION OF SALE AND AN EXPLANATION OF WHY THE
   12  PROJECT OR SALE MEETS THE STANDARDS FOR PROJECT APPROVAL OR APPROVAL  OF
   13  SALE SET FORTH IN THIS SUBDIVISION. THE PUBLIC AUTHORITIES CONTROL BOARD
   14  SHALL  ONLY APPROVE A PROJECT OR SALE PROPOSED BY THE AUTHORITY UPON ITS
   15  DETERMINATION THAT:
   16    A. THE PROJECT OR SALE IS FINANCIALLY  FEASIBLE  AS  THE  STANDARD  AS
   17  DEFINED IN ARTICLE ONE-A OF THIS CHAPTER;
   18    B.  THE  PROJECT  OR  SALE IS ANTICIPATED TO RESULT GENERALLY IN LOWER
   19  UTILITY RATES IN THE STATE; AND
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06640-01-5
       S. 1063                             2
    1    C. THE PROJECT OR SALE WILL NOT MATERIALLY  ADVERSELY  AFFECT  OVERALL
    2  REAL  PROPERTY  TAXES  OR UTILITY RATES IN ANY AREAS OF THE STATE OF NEW
    3  YORK.
    4    S 3. Temporary special commission on restructuring the power authority
    5  of  the state of New York. 1. There shall be a temporary special commis-
    6  sion on restructuring the power authority of  the  state  of  New  York,
    7  which  shall possess the powers and duties as specified in this section,
    8  and also all powers necessary or proper to  enable  such  commission  to
    9  carry  out  the  purposes  for  which  it  is established. The temporary
   10  special commission shall consist of eight members as follows:    two  of
   11  whom  shall be appointed by the governor, two of whom shall be appointed
   12  by the temporary president of the senate, two of whom shall be appointed
   13  by the speaker of the assembly, one of whom shall be  appointed  by  the
   14  minority  leader of the senate and one of whom shall be appointed by the
   15  minority leader of the assembly. Each member shall serve at the pleasure
   16  of the respective appointing person.  One of the  members  appointed  by
   17  the  governor shall be selected by the governor to serve as chair of the
   18  temporary special commission. The temporary special commission shall  be
   19  subject  to articles 6 and 7 of the public officers law.  Each member of
   20  the temporary special commission shall be subject to the  provisions  of
   21  article 4 of the public officers law.
   22    2. The temporary special commission on restructuring the power author-
   23  ity of the state of New York shall have the power and duty to:
   24    (a)  conduct  hearings, discussions, and negotiations among members of
   25  the public, affected businesses, and representatives of government; and
   26    (b) issue a final report to the  governor  and  legislature  detailing
   27  recommendations on restructuring the power authority of the state of New
   28  York,  including, but not limited to, the following issues: the divesti-
   29  ture of  such  authority's  non-hydroelectric  generation  assets;  such
   30  authority's  role  as  a transmission provider; such authority's role in
   31  the power for jobs and economic development power programs; such author-
   32  ity's energy efficiency programs; such  authority's  relationship  with,
   33  and  obligation  to,  host  communities,  including, but not limited to,
   34  payments-in-lieu of taxes to local municipalities and school  districts,
   35  economic  development  investments,  and community revitalization initi-
   36  atives; and such authority's role in a deregulated energy market. On  or
   37  before  September  1, 2017 such commission shall transmit such report to
   38  the governor, the speaker of the assembly, the minority  leader  of  the
   39  assembly,  the temporary president of the senate, the minority leader of
   40  the senate, the chairman of the assembly energy committee and the chair-
   41  man of the senate energy and telecommunications committee.
   42    S 4. The public authorities law is amended by  adding  a  new  section
   43  1855-a to read as follows:
   44    S 1855-A. NATURAL GAS SUPPLY AND INFRASTRUCTURE STUDY. 1. THE AUTHORI-
   45  TY  SHALL  UNDERTAKE A STUDY OF ISSUES, INCLUDING BUT NOT LIMITED TO THE
   46  SUPPLY, TRANSPORTATION, PIPELINE CAPACITY, DISTRIBUTION AND  STORAGE  OF
   47  NATURAL  GAS IN NEW YORK STATE. THE AUTHORITY MAY CONTRACT WITH AN INDE-
   48  PENDENT AND COMPETITIVELY SELECTED CONTRACTOR TO UNDERTAKE  SUCH  STUDY.
   49  THE  AUTHORITY  SHALL  PREPARE  A REPORT ON ITS FINDINGS AND LEGISLATIVE
   50  RECOMMENDATIONS. ON OR BEFORE SEPTEMBER FIRST, TWO  THOUSAND  SEVENTEEN,
   51  THE  AUTHORITY SHALL TRANSMIT SUCH REPORT TO THE GOVERNOR, THE TEMPORARY
   52  PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY,  THE  CHAIRMAN  OF
   53  THE  SENATE  ENERGY AND TELECOMMUNICATIONS COMMITTEE AND THE CHAIRMAN OF
   54  THE ASSEMBLY ENERGY COMMITTEE.
   55    2. THE STUDY SHALL INCLUDE, AT A MINIMUM, AN ASSESSMENT OF EACH OF THE
   56  FOLLOWING:
       S. 1063                             3
    1    (A) CURRENT UTILITY PRACTICES IN PROCURING THE  COMMODITY  OF  NATURAL
    2  GAS  AND  A COMPARISON, BY UTILITY TERRITORY IN THE STATE, OF IMPACTS ON
    3  RATES FOR END-USE CUSTOMERS; (B) THE CURRENT AND PROJECTED  ADEQUACY  OF
    4  THE  NATURAL  GAS  INFRASTRUCTURE,  INCLUDING  TRANSPORTATION,  PIPELINE
    5  CAPACITY,  DISTRIBUTION  AND  STORAGE IN NEW YORK STATE; (C) ADEQUACY OF
    6  TRANSPORTATION AND DISTRIBUTION IN DENSELY POPULATED AREAS OF THE  STATE
    7  AND  IN  RURAL  AREAS  OF  THE  STATE; (D) INVESTMENT IN INFRASTRUCTURE,
    8  INCLUDING CAPITAL IMPROVEMENTS, UTILIZATION OF  NEW  TECHNOLOGY,  EXPAN-
    9  SIONS,  AND MAINTENANCE; (E) THE ADEQUACY OF TRANSPORTATION AND DISTRIB-
   10  UTION INFRASTRUCTURE IN AREAS WHERE NATURAL GAS FUELED ELECTRIC GENERAT-
   11  ING PLANTS ARE PROPOSED; (F) INDIGENOUS SOURCES OF NATURAL  GAS  IN  THE
   12  STATE;  (G)  WORKFORCE  ADEQUACY,  INCLUDING THE AVAILABILITY OF SKILLED
   13  LABORERS  AND  THE  ADEQUACY  OF  SKILLS  TRAINING  AND   APPRENTICESHIP
   14  PROGRAMS;  AND  (H)  THE  POTENTIAL IMPACT OF DISTRIBUTED GENERATION AND
   15  COMBINED HEAT AND  POWER  SYSTEMS  ON  NATURAL  GAS  TRANSPORTATION  AND
   16  DISTRIBUTION SYSTEM ADEQUACY.
   17    S 5. This act shall take effect immediately.