BILL NUMBER: S4361
SPONSOR: COMRIE
 
TITLE OF BILL:
An act to amend the public authorities law, in relation to applications
for the approval and construction of energy-related projects
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill would add the Power Authority of the State of New York to the
list of authorities which must submit projects and undertakings for
approval by the Public Authorities Control Board, and would ensure that
projects of this and other authorities that involve energy generation or
transmission can be examined for consistency with the State Energy Plan
and other environmental and energy-related policies.
 
SUMMARY OF PROVISIONS:
Section one of the bill amends § 51 of the Public Authorities Law to add
the Power Authority of the State of New York to the list of 14 other
public benefit corporations that must submit proposed projects to the
Public Authorities Control Board (PACE) for its review and approval.
This section is also amended to provide that, when reviewing a proposal
from the Power Authority or the other two authorities already subject to
PACE oversight that engage in projects involving energy generation and
transmission (the Long Island Power Authority and the North Country
Power Authority), the PACE may consider the consistency of such a
project with the current State energy plan and other State environmental
and energy-related policies.
Section two adds a new section 1005-d to the Public Authorities Law to
provide that the Power Authority shall not make any commitment, enter
into any agreement nor incur any indebtedness unless prior approval has
been received from the PACE.
Section three provides the effective date.
 
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
Although similar authorities such as LIPA and the North Country Power
Authority are subject to PACE oversight, the Power Authority to date has
not been subject to this important fiscal safeguard.
 
JUSTIFICATION:
The Public Authorities Control Board (PACE) provides independent over-
sight of the proposed actions of public authorities to ensure that they
are financially feasible and prudent. Recent events have indicated that
there may be substantial public benefit to extending this oversight to
projects of the Power Authority. In addition, the reviews of projects
involving energy generation or transmission would be enhapcl by giving
the PACE the opportunity to ensure that they are
* Consistent with the current State Energy Plan and with other applica-
ble environmental and energy-related policies.
 
PRIOR LEGISLATIVE HISTORY:
2024: S3014- Passed Senate
2022: S5846
2018: A.10224 - Referred to Corporations / S.8226 - Committed to Rules.
2017: A.4695 - Referred to Corporations.
2013-14: A.3187 - Referred to Corporations / S.4119 - Referred to Corpo-
rations.
2011-12: A.7644 - Referred to Corporations.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Review of the Power Authority's projects will protect the interests of
New York taxpayers.
 
EFFECTIVE DATE:
Immediately.