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History
- Referred to local government
- Referred to local government
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Extends powers of municipal corporations to acquire public utilities by the power of eminent domain
In Assembly Committee · Local Governments · Sponsor Fred Thiele
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the general municipal law, in relation to the acquisition of property by eminent domain
Purpose
To promote competition in the electric power industry by reducing the risk to the acquisition of private utility property by a municipal power agency.
Summary of provisions
Adds a new §360-a to the General Municipal Law.
Justification
All levels of government are now making efforts to promote competition in the once monopolistic world of the electric power industry. Once source of possible completion on the retail level are municipal power agencies. Municipal power has been a cost effective option in many parts of New York State.
However, current law relating to the eminent domain procedure law has had a chilling impact on municipal power. Specifically, a municipal power agency must first take title to any private utility property it may condemn, without knowing its value. Given the great uncertainty in the judicial process as to how such property should be valued, this process has had a very chilling impact on municipal power initiatives.
In the case of the Long Island Power Authority and LILCO, eminent domain procedures were set up quite differently. LIPA need not make a final decision on the acquisition of LILCO's assets, until their value has been determined. Then LIPA can proceed or abandon the effort, based upon judicial evaluation.
Legislative history
2009-10, S.239; 2007-08, S.655; 2005-06, S.1474; 2003-04, S.826; 2001-02, S.2085; 1999-00, S.1625; 1997-98, S.1400; 1995-96, S.6029.
Fiscal implications
None.
Effective date
This act shall take effect on the sixtieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.