Create Albany Energy Authority

Section 1. Article 5 of the public authorities law is amended by adding a new title 10-E to read as follows:

TITLE 10-E

ALBANY COUNTY RENEWABLE ENERGY AUTHORITY Section 1233. Short title.

1234. Definitions.

1235. Albany county renewable energy district.

1236. Albany county renewable energy authority.

1237. Powers of the authority.

1238. Power to furnish service within district.

1239. Sale of surplus.

1240. Bonds and notes of the authority.

1241. Remedies of bondholders.

1242. State and county not liable on bonds and notes.

1243. Agreements of the state.

1244. Bonds legal investments for fiduciaries.

1245. Exemption from taxes.

1246. Tax contract by the state.

1247. Payments by municipalities.

1248. Duty of authority to maintain and operate.

1249. Transfer of officers and employees.

1250. Officers and employees not to be interested in trans-

actions.

1251. Contracts.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD05960-01-9

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1252. Audit.

1253. Actions against authority.

1254. Separability clause.

1255. Inconsistent provisions in other acts superseded.

§ 1233. Short title. This title may be cited as the "Albany County Renewable Energy Authority Act".

§ 1234. Definitions. As used or referred to in this title, unless a different meaning clearly appears from the context:

1. The term "authority" shall mean the Albany county renewable energy authority created by section twelve hundred thirty-six of this title.

2. The term "bonds" shall mean bonds, notes or other evidences of indebtedness issued by the authority pursuant to this title.

3. The term "comptroller" shall mean the comptroller of the state.

4. The term "civil service commission" shall mean the civil service commission of the county of Albany.

5. The term "county" shall mean the county of Albany.

6. The term "district" shall mean the Albany county renewable energy district created by section twelve hundred thirty-five of this title.

7. The term "county legislature" shall mean the county legislature of the county of Albany.

8. The term "county executive" shall mean the county executive of the county of Albany.

9. The term "properties" shall mean the power distribution system or systems of the authority, whether situated within or without the territorial limits of the district, including the production facilities, plants, works, structures, poles, lines, conduits, mains, systems, instrumentalities or part thereof and appurtenances thereto, lands, easements, rights in land and water rights, rights-of-way, contract rights, franchises, transmission facilities and distribution facilities, or any other property incidental to and included in such system or part thereof, and any improvements, extensions or betterments.

10. The term "municipalities" shall mean any county, city, town, village, school district, and any other political subdivision of the state.

11. The term "renewable energy" shall mean energy generated by solar, wind, hydro, geothermal or tidal.

12. The term "revenues" shall mean all rates, rents, fees, charges, payments and other income and receipts derived from the operation of the properties of the authority including, but not limited to, investment proceeds and proceeds of insurance, condemnation, and sales or other disposition of assets, together with all federal, state or municipal aid.

13. The term "state" shall mean the state of New York.

§ 1235. Albany county renewable energy district. There is hereby defined and established an area to be known as the "Albany county renewable energy district," which shall embrace all the territory located within the county.

§ 1236. Albany county renewable energy authority. 1. There is hereby created and established a public corporation, to be known as the "Albany county renewable energy authority". The authority shall be a body corporate and politic constituting a public benefit corporation, the objects of which in the judgment of the legislature cannot be attained under general laws.

2. The authority shall have the power to acquire such real estate and other property as may be necessary for its corporate purposes, to sue and be sued, to incur debts, liabilities and obligations, to issue bonds

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and other evidences of indebtedness, to have a seal, and to exercise all powers authorized by this title and reasonably necessary for accomplishing its purposes, or properly incidental thereto, subject to the provisions herein contained and to the constitution and laws of the United States and of the state.

3. The authority and its existence shall continue for a period of twelve years and thereafter until all its liabilities have been met and its bonds have been paid in full or such liabilities and bonds have otherwise been discharged and thereupon all rights and properties of the authority then remaining shall pass to and be vested in the county.

4. The authority shall consist of five members, to be residents of the county and be appointed by the county executive with the advice and consent of the county legislature. The term of office of a member shall be five years, but in the first instance such members shall be appointed to hold office, one for one year, one for two years, one for three years, one for four years and one for five years, the term of each to be fixed by the resolution making the appointment. Upon resignation of a member, or a vacancy occurring in any other manner, it shall be filled by appointment for the unexpired term. In other respects, all vacancies shall be filled in the manner corresponding to the original appointment.

5. The members of the authority may appoint an executive committee of not less than three members and may delegate full powers to such committee. They may appoint such other committees of not less than three members each with such powers as they may provide. They may elect one of the members as a chairperson and may elect or appoint other officers and determine their powers. They may by a vote of a majority of members adopt by-laws and provide for their annual and regular meetings and for the calling of special meetings. The treasurer of the county shall be ex-officio treasurer of the authority. Each member before entering upon the duties of his or her office shall take the constitutional oath of office, which shall be filed in the office of the secretary of state. Three members shall constitute a quorum for the transaction of business and the concurrence of three members at a meeting shall be necessary to the validity of any resolution, order or determination. Any member may be removed by the county executive for inefficiency, neglect of duty or misconduct in office, after a hearing upon charges and an opportunity to be heard in person or by counsel upon not less than ten days' notice. The members shall serve without compensation.

6. No public officer or employee shall be ineligible for appointment as a member or officer of the authority and any public officer or employee may accept such appointment and serve as a member or officer without forfeiture of any other public office or position of public employment by reason thereof. Any one or more members or officers of the authority may be an officer or employee of the county. In the event that an officer or employee of the county shall be appointed as a member or officer of the authority, acceptance or retention of such appointment shall not be deemed a forfeiture of his or her county office or employment, or incompatible therewith or affect his or her tenure or compensation in any way.

7. It is hereby determined and declared that the authority and the carrying out of its powers, purposes and duties are in all respects for the benefit of the people of the county and the state of New York, and that said purposes are public purposes and that the authority is and will be performing an essential governmental function in the exercise of the powers conferred upon it by this title.

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8. Neither the public service commission nor any other board or commission of like character, shall have jurisdiction over the authority in the management and control of its properties or operations or any power over the regulation of rates fixed or charges collected by the authority except as otherwise provided in this subdivision.

(a) The authority's rates, services and practices with respect to power and energy purchased from the power authority of the state of New York shall be subject to regulation by such power authority pursuant to the provisions of the power authority act and any contract between the two authorities.

(b) The authority's rates, services and practices with respect to power and energy that is either (i) generated or produced by a facility owned, operated or managed by the authority, or (ii) purchased by the authority from sources other than the power authority of the state of New York shall be subject to regulations of the public service commission under the provisions of the public service law.

§ 1237. Powers of the authority. The power conferred by this title shall be exercised by the members of the authority, subject to the terms of this title. In the exercise of those powers, either directly or through its officers and employees, the members may do the following things, among others, and the following list of powers shall not be deemed complete or exclusive, or to deny the existence of other powers, whether similar or different, so long as they are reasonably necessary for accomplishing the purposes declared and indicated in this title:

1. To determine the location, type, size, construction, lease, purchase, ownership, acquisition, use and operation of any generation, transmission or distribution facilities or other structures or properties, within or without the territorial limits of the district;

2. To acquire on behalf and in the name of the authority, whether by agreement with and purchase from the owner or owners, or within the district by eminent domain, or by lease, the whole or any part of any existing facilities or of any other property which it is authorized to acquire under this title; provided, however, that the authority may not acquire real property of a municipality or a political subdivision of the state unless such municipality or political subdivision shall consent thereto; and in connection with the purchase of such properties the authority may assume any obligations of the owner of such properties and, to the extent required by the terms of any indentures or other instruments under which such obligations were issued, the authority may assume and agree to perform covenants and observe restrictions contained in such instruments; and furthermore the owner of any properties, which the authority is authorized to acquire, is hereby authorized to sell or otherwise transfer the same to the authority. In the exercise of the power of eminent domain, as herein provided, the property being acquired shall be deemed, when so determined by the authority, to be for a public use;

3. To develop, acquire, construct, reconstruct, rehabilitate and improve facilities for the production, transmission or distribution of light, heat, power or any connected service;

4. To maintain, operate and manage, and contract for the maintenance, operation and management of properties of the authority;

5. To apply to the appropriate agencies and officials of the federal, state and local governments for such licenses, permits or approvals for its plans and projects as it may deem necessary or advisable, and upon such terms and conditions as it may deem appropriate to accept, in its

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discretion, such licenses, permits or approvals as may be tendered to it by such agencies and officials;

6. To enter upon such lands, waters or premises as in the judgment of the authority shall be necessary for the purpose of making surveys, soundings, borings and examinations to accomplish any purpose authorized by this title, the authority being liable only for actual damages done;

7. Subject to its agreement with the county, to generate, supply and sell light, heat and power and any connected services within the district, to fix rates and charges for the furnishing or rendition of light, heat or power or of any connected service, and to collect through bills therefor the revenues derived therefrom, so as to provide revenues to the authority sufficient at all times to pay, as the same shall become due, the principal of and interest on the bonds of the authority together with the maintenance of proper reserves therefor, in addition to paying as the same shall become due the expense of operating and maintaining the properties of the authority together with proper reserves for maintenance, contingencies and all other obligations and indebtedness of the authority;