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S3061Senate2013-2014 SessionSame asA3888

Relates to the powers granted to municipal corporations within the Long Island Power Authority service area regarding the establishment, ownership and operation of public utility services

Sponsor Kenneth P. LaValleSD-1Affects Environment & Energy
Status
In Senate Committee
Energy And Telecommunications
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Energy And Telecommunications

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Sponsors

Primary sponsor
Kenneth P. LaValle

Senator · Senate District 1

Chair, Higher Education

No co-sponsors yet.

History

  1. Referred to energy and telecommunications
  2. Print number 3061a
  3. Amend (t) and recommit to energy and telecommunications
  4. Referred to energy and telecommunications

Companion bill

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S3061A

Title of bill

An act to amend the public authorities law, in relation to the powers granted to municipal corporations within the Long Island Power Authority service area regarding the establishment, ownership and operation of 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 a municipal power agency under the General Municipal Law.

Summary of provisions

Adds a new subdivision 12 to § 1020(h) of the public authorities law.

Justification

Under Article 14-A of the General Municipal Law, counties, towns, cities, and villages in New York State are permitted to establish public utility companies. Section 360 of the State General Municipal Law provides that, "any municipal corporation may construct, lease, purchase, own, acquire, use and/or operate any public utility service within or without its territorial limits, for the purpose of furnishing to itself or for compensation to its inhabitants, any service similar to that furnished by any public utility company specified in article four of the public service law. 'Municipal corporations' as used in this article shall mean a county, city, town or village."

Indeed, there are over 40 municipalities across the State of New York, which have established municipal power companies, including a few on Long Island such as the villages of Greenport, Freeport, and Rockville Centre. However, since 1986, local governments on Long Island have been prohibited from forming a new municipal utility. The reason: the law that created the Long Island Power Authority (LIPA), a state authority, preempts counties, towns, villages, and cities from establishing a municipal power company within LIPA's service area. This legislation would end the state preemption of new municipal power companies on Long Island and would permit local governments to consider the creation of municipal power companies in the future.

Legislative history

2011-12: S.3447 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.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.