What's happening
This bill exempts electric corporations building or expanding transmission lines or generation facilities originating outside the US from certain state regulations.
Why it matters
Could make it easier for foreign-based electric companies to build or expand infrastructure that connects to New York. , potentially increasing options for importing electricity from outside the U.S., which may affect the state’s energy mix, prices, and reliability.
Exempts certain projects with international origins from state-level scrutiny and approval processes that domestic projects must follow. , raising questions about regulatory fairness, oversight, and the potential for different safety, environmental, or consumer protection standards to apply.
Defines “affiliated interests” and “control” broadly. , allowing parent companies, subsidiaries, or entities under common control to benefit from these exemptions, which could encourage complex corporate structures designed to take advantage of these regulatory loopholes.
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Who cares
Headline styles
Block Out-of-State Energy Lines
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 55
No co-sponsors yet.
History
- Referred to energy and telecommunications
- Referred to energy and telecommunications
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.
Block Out-of-State Power Lines
In Assembly Committee · Judiciary · Sponsor Joseph Morelle
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4457
2017-2018 Regular Sessions
IN SENATE
February 15, 2017
Introduced by Sen. FUNKE -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommunications
AN ACT to amend the transportation corporations law, in relation to the powers of gas and electric corporations
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 11 of the transportation corporations law is amended by adding a new subdivision 8 to read as follows:
8. Subdivisions three, three-a and three-b of this section shall not apply to any electric corporation which:
(a) seeks, through itself, or through one or more affiliated interests as defined in paragraph (c) of this subdivision, to either build a transmission line or to expand an existing transmission line which transmission line originates at a location outside of the territorial limits of the United States of America and extends to a location within the state of New York; or
(b) seeks, through itself, or through one or more affiliated interests as defined in paragraph (c) of this subdivision, to either build an electric generating facility, or to expand an existing electric generating facility that is located outside of the territorial limits of the United States of America together with building or otherwise utilizing an existing electrical interconnection to a point located within the state of New York.
(c) For the purposes of this subdivision, the following terms shall have the following meanings:
i. "affiliated interests" shall include but not be limited to, any person which directly, indirectly, or constructively:
a. controls another person;
b. is controlled by another person; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09812-01-7
S. 4457 2
c. is, along with another person, under the control of a common parent.
ii. "control" means possession of the power to direct, or cause the direction of, the management and policies of another person.
iii. "person" means any individual, corporation, public benefit corporation, political subdivision, sovereign or tribal nation, government agency, municipality, partnership, co-operative association, trust or estate.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the transportation corporations law, in relation to the powers of gas and electric corporations
Purpose
To limit efforts to use eminent domain to public purposes.
Summary of provision
Provides that (1) electric corporations that seek, through themselves or through one or more affiliated interests, to build or expand transmission lines connecting a location outside the territorial limits of the United States to a location within the State of New York or (2) electric corporations seeking to build or expand an electric facility outside the United States and inter-connecting to a location within the State, shall not be afforded the power of eminent domain.
Justification
The power of eminent domain should be used to achieve public purposes that inure to the benefit of the State. Transmission and generation projects that originate outside the territorial limits of the United States do not sufficiently benefit New York State and do not sufficient- ly encourage employment opportunities or economic development within the State. Such projects will (1) discourage repowering of existing generat- ing facilities within the State, (2) discourage the rebuilding of exist- ing transmission lines in the State, and (3) discourage the building of new transmission lines and generating facilities, including renewable resources, within the State. Construction and development of these facilities and infrastructure in New York State, rather than outside the country, maximizes employment and economic development in New York State and in our nation. Furthermore, by importing power from outside the United States, our nation's dependency on foreign imports of energy is increased.
Legislative history
2011/2012: A10530 referred to judiciary 2013/2014: A4814 referred to judiciary
Fiscal implications
None.
Local fiscal implications
None.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.