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History
- Referred to energy and telecommunications
- Referred to energy and telecommunications
Companion bill
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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
In Assembly Committee · Corporations, Authorities And Commissions · Sponsor Fred Thiele
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S1443
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 Section 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, town, 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
2013-14 S.3061A/A.3888A; 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.