ML20203E652
| ML20203E652 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 07/21/1986 |
| From: | Lanpher L, Palomino F KIRKPATRICK & LOCKHART, NEW YORK, STATE OF, SUFFOLK COUNTY, NY |
| To: | NRC COMMISSION (OCM) |
| References | |
| CON-#386-078, CON-#386-78 CLI-86-11, OL-3, OL-5, NUDOCS 8607240202 | |
| Download: ML20203E652 (45) | |
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79 QED UNITED STATES OF AMERICA NUCLEAKREGULATORYCOMMISSION((F, ,
Before the Commission
)
IN THE MATTER OF )
)
LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-3
) (Emergency Planning) ,
(Shoreham Nuclear Power Station, )
Unit 1) )
)
SUFFOLK COUNTY, STATE OF NEW YORK, AND TOWN OF SOUTHAMPTON MOTION FOR RECONSIDERATION OF CLI-86-ll I. Introduction On June 6, 1986, the Commission issued a Memorandum and Order, CLI-86-ll, directing that a Licensing Board be appointed to conduct proceedings on the February 13, 1986, Shoreham exe-rcise. Subsequent to June 6, two events have occurred which require the NRC to reconsider its direction that post-exercise litigation commence:
- 1. On June 16, the Nassau County Board of Supervisors enacted resolutions which bar LILCO's use of the Nassau County Coliseum or any other Nassau County facility as a relocation center;l and, 7
1 The NRC has previously been supplied with the Nassau County Board of Supervisors' resolutions. Egg Letter from Thomas L.
N 22 3S03
- 2. On July 3, the State of New York enacted legislation which creates a municipal power authority (the Long Island Power Authority ("LIPA")) to take over LILCO.
LIPA is specifically prohibited from operating the Shoreham Nuclear Power Plant.2 These two developments require the NRC to reconsider its order that post-exercise litigation should proceed.3 7
Presumably, the premise of the Commission's ruling in CLI-
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86-11 was that the results of the February 13 Shoreham exercise i j provided a basis for meaningful litigation. Based on that prem-ise, the Commission directed that litigation be conducted re-garding matters, revealed by the exercise, which preclude a finding of reasonable assurance that adequate protective measures can and will be taken, i.e., " fundamental flaws" in the LILCO plan. As stated in previous filings, Suffolk County, the State of New York, and the Town of Southampton (" Governments") disagree Carroll, Counsel to the Nassau County Board of Supervisors, to Nunzio Palladino, June 23, 1986.
2 A copy of the New York State LIPA legislation is attached hereto.
3 The Licensing Board ruled at a prehearing conference held July 8, 1986, that it did not have jurisdiction to consider the impact of these events on the post-exercise litigation, although it did indicate that contentions on the Coliseum matter would be considere'd. Egg ASLB Memorandum and Order (Prehearing Confer-ence, July 8, 1986), dated July 11, 1986, pp. 2-3. The Board indicated that it believed the Commission was the proper entity to consider the matters. Egg July 8, 1986 Transcript, 16,100, 16,104.
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with the Commission's initial premise because the most funda-mental and fatal flaw in LILCO's Plan -- it is illegal and cannot be implemented -- has already been identified and acknowledged by all parties, except for LILCO.4 Setting that point aside, however, since the issuance of CLI-86-11, events have occurred which mean that the exercise and the most basic premises of that exercise -- the existence of a bona fide license applicant and the existence of a relocation center -- no longer have any Thus, assuming arauendo that there was a basis for validity.
exercise litigation when CLI-86-11 was issued, subsequent events have changed the facts and eliminated any rational basis for the parties or this Commission to expend time or resources in litigating the results of activities on February 13 which have now been rendered irrelevant.
In view of these events, the Governments move the NRC:
(a) to reconsider CLI-86-11; and (b) on reconsideration, to rule that the post-exercise litigation should proceed no further. The bases for the foregoing relief are set forth below.
4 Hgg, e.g. Suffolk County, State of New York and Town of '
Southampton Motion for Cancellation of Emergency Planning Exercise (December 24, 1985).
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II. Discussion A. There is no Loncer Anv Relocation Center in the LILCO Plan The February 13 exercise was fundamentally premised on l the existence of a relocation center where evacuees would be i directed to go for radiological monitoring and decontamination of i themselves and their vehicles, where hundreds of buses and vans carrying persons out of the EPZ would report, discharge passen-gers, and be decontaminated, where evacuees would be registered, reunited with family members, and provided with assistance in l
seeking health care, housing, food and other services, and from which evacuees would be provided directions, or transportation to
" congregate care centers" for sheltering. It was assumed during the exercise that the Nassau Coliseum was available to LILCO to be such a relocation center.5 All exercise activities relating to evacuation -- that is, everything that took place from approx-imately 10 a.m. until the exercise ended at 4:30 p.m.6 -- were premised on that basic assumption.7 Indeed, during the exercise
- 5 The Governments had argued previously that LILCO lacked any valid agreement for use of the Coliseum. However, the ASLB had i essentially ignored the issue in arriving at its decision in LBP-85-13. Egg 22 NRC 410 (1985), rev'd, ALAB-832, 23 NRC 135, 157-162 (1986), review netition cendina.
6 The exercise began at about 5:15 a.m. Although the decision to recommend evacuation was not made until approximately 10:00 a.m., beginning shortly after 8:00 the " players" began preparing for an evacuation recommendation,The including various first EBS message activities involving the Nassau Coliseum.
recommending evacuation was simulated at 10:24 a.m.
i 7 For example, during the exercise all evacuation bus routes including those supposedly carrying school children were assumed l
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l the LILCO " players" in simulated EBS radio announcements i
" advised" approximately 100,000 " evacuees" to report to the Nassau Coliseum for monitoring and decontamination because they had potentially been exposed to radiation d,uring their supposed evacuation efforts.
On June 16, 1986, however, the Nassau County Board of Supervisors enacted a resolution which rendered irrelevant all of the foregoing exercise premises. Thus, in pertinent part, the resolution specifies:
RESOLVED, that the purported designation of the Nassau Veterans Memorial Coliseum by the Long Island Lighting Company as a Nuclear Disaster' Evacuation Center be and the same is
+ hereby de.lared c a nullity, contrary to law and void; and be it further RESOLVED, that no Nassau County facilities, includina the Nassau Veterans Memorial Coli-seum, are or will be available for the use by the Lona Island Lichtino Comoany, or by the Facility Management Corporation of New York, Inc., as part of the Long Island Lighting Company emergency plan, unless prior approval by resolution is first obtained from .the Nassau County Board of Supervisors; . . .
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ultimately to terminate at the Nassau Coliseum; evacuees in private vehicles were supposedly routed out of the EPZ on routes intended to take them to the Coliseum; and the only site for i
radiological monitoring and decontamination of evacuees was the Coliseum.
! (emphasis added). Clearly, the Board of Supervisors' resolution, ,
I which was signed into law by Henry W. Dwyer, the acting Nassau I County Executive, renders the entire February 13 exercise f meaningless.
Even assuming arauendo that the exercise could have demonstrated that the LILCO Plan could be implemented -- an assumption with which the Governments strongly disagree -- such a
" demonstration" makes no difference given the recent events.
Thus, whether LILCO could recommend or implement an evacuation 1
premised completely on the existence and availability of the Nassau Coliseum is an academic and totally irrelevant point. The fact is, that facility is not available to be a part of LILCO's Plan. There is no point in litigating exercise " events" or "results" that are centered around a non-existent facility.
Accordingly, the Commission should reconsider CLI-86-11 and rule that in light of the Nassau County action, the ASLB is to terminate exercise litigation.
Moreover, the absence of any relocation center requires I not just reconsideration and reversal of the Commission's order that exercise litigation should proceed, but further requires the l
Commission to acknowledge the existence of this " fundamental flaw" in LILCO's Plan: there can be no reasonable assurance that adequate protective measures can and will be taken when there is no place for radiological monitoring, decontamination, or l
i relocation of hundreds of thousands of evacuees.8 Further, the nonexistence of LILCO's previously assumed relocation center, in effect renders void the entire protective action of evacuation as proposed in the LILCO Plan. Without such an end point for evac-uees, all prior evacuation time estimates, transportation and 8 In a June 20 letter to Mr. Denton of the NRC Staff, LILCO suggested that the Nassau County action of June 16 was either of no consequence, or of uncertain consequence to LILCO's application for a license to operate Shoreham. LILCO claimed that despite the Board's decision, "the authority to make use of the Coliseum and other Nassau County facilities in an emergency rests with the County Executive; and the County Executive has said that in the event of an accident at Shoreham he would in fact make use of whatever resources were available to him, including the Coliseum." LILCO misstated the law and the effect of the Board of Supervisors' decision.
First NUREG-0654 specifies the need for an " agreement" E.g.,
between LILCO and theThe owner of a relocation Staff's witnesses center.
during the Shoreham NUREG-0654, S II.A.3.
hearings emphasized the need for such an agreement. Egg Direct Testimony of Thomas E. Baldwin, Joseph H. Keller, Roger B.
Kowieski, and Philip H. McIntire Concerning Phase II Emergency Planning, April 17, 1984, p. 20; Tr. 14,201, 14,221, 14,269, 14,270. And the fact that LILCO on repeated occasions failed in its attempts to identify a relocation center -- leading the ASLB in August 1984 to rule that there was a " void in the record" is
' further underscores that a relocation center acreement
- essential under the NRC's rules. Previously, over the Governments' objections, LILCO was permitted to reopen the record and offer a purported agreement with the lessee of the Coliseum However, the Nassau to meet this requirement of NUREG-0654. l County Board of Supervisors declared this purported agreement "a nullity, contrary to law, and void." Therefore, LILCO does not comniv with NUREG-0654.
Second, LILCO implied that it had the " assurance" of the Nassau County Executive that the Coliseum would be used in an emergency. Even if that were so, such assurance could not substitute for the required agreement. Egg Guard v. Nuclear i
Reaulatory Commission, 753 F.2d 1144 (D.C. Cir. 1985).
Nevertheless, there is in fact no such assurance, as shown by the statement of Nassau County Executive Purcell's "
spokeswoman, who is quoted in Newsday, June 28, as saying, . . . Purcell has l
- never officially made such a statement to the utility." (Copy of Newsday article attached.)
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l routing plans, the assumed necessary number of evacuation vehic- i les and related logistics, and public information and education f i
In addition, materials embodied in the LILCO Plan are invalid.
of course, there is now no provision at all in the LILCO Plan to protect the health of potentially exposed individuals by monitoring and decontaminating them. Thus, the NRC must not only reconsider CLI-86-ll and terminate post-exercise litigation. It must also rule that LILCO's Plan fails to comply with 10 CFR S 50.47.
1 B. Lona Island Power Authority The July 3 enactment by New York State of the LIPA legislation is an exceedingly important development that the NRC cannot ignore. It will eliminate the license applicant in this proceeding and Shoreham will not operate. The legislation is being implemented now by the Governor of New York, who has issued an invitation to LILCO to get started with the process of negoti-ation. LILCO's spokesperson was reported in the July 12 Newsday as stating: "LILCO is ready to sit down with the Governor at any time." (article attached). The LIPA legislation is not, there-fore, as LILCO has suggested,9 a matter of no current importance.
Rather, the legislation evidences the intent and determination of New York State that LILCO will be reolaced.10 It further under-9 Egg Letter from Donald P. Irwin, LILCO counsel, to ASLB, July 7, 1986.
10 In the legislation's statement of policy, Section 1020-a, the State enunciates numerous reasons why it determined a takeover of LILCO to be beneficial: lack of confidence that
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. 1 scores that Shoreham will not operate: LIPA, by statute (Section 1020-t), is barred from operating Shoreham.
In view of the prospective takeover of LILCO, the NRC must rule that LILCO is no longer a bona fide applicant for a l
Shoreham license. Certainly, the NRC would never at the outset accept and process an application from an entity which was about to go out of existence, particularly if its successor were barred as a matter of law from constructing or operating a nuclear plant. That, however, is exactly the situation which is now presented: shortly LILCO will not own Shoreham; and LILCO's successor -- LIPA -- will not operate Shoreham. In these circum-stances, there is no legitimate basis or reason for the ASLB to continue with the post-exercise litigation to examine the LILCO plan or exercise for fundamental flaws or any other defects, or for any other entity of the NRC to proceed with any action de-signed to assess Shoreham's eligibility for a license. That would be a waste of time and resources. The NRC cannot on June 6 have intended for such pointless and wasteful litigation to pro-LILCO can supply service area needs; LILCO's excessive costs have deterred economic development; LILCO's imprudence related to Shoreham; rate increases caused by Shoreham which impact Long Island's economy; and uncertainty over the costs and efficiency of Shoreham even if it were permited to operate. The State determined that "a situation threatening the economy, health, and safety exists in the service area" and that these " matters of State concern best can be dealt with by replacing such investor owned utility with a pubicly owned power authority."
ceed. The NRC should reconsider its prior ruling in light of this significant new development and direct the ASLB to discon-tinue further proceedings.ll Respectfully submitted, Martin Bradley Ashare Suffolk County Attorney Building 158 North County Complex Veterans Memorial Highway Hauppauge, New York 11788 A $ v .^ 2, - - t >
Herbert H. Brown f Lawrence C. Lanpher Karla J. Letsche Kirkpatrick & Lockhart 1900 M Street, N.W.
Washington, D.C. 20036 Attorneys for Suffolk County
, Hs h Fabihn G. Palomino dHt sN ' "
Richard J. Zahnleuter Special Counsel to the Governor of New York State Executive Chamber Two World Trade Center 1 New York, New York 10047 11 LILCO suggested to the ASLB in its July 7 letter (footnote ;
9, supra) that the LIPA legislation was a reason to soeed uo the post-exercise litigation. Presumably, LILCO feels that if the l
litigation can be completed prior to the takeover being effected and if the NRC can be persuaded to license Shoreham (the Governments submit that any such licensing is unlawful due to l LILCO's noncompliance with regulatory requirements), then the ;
takeover of LILCO might be more difficult (i.e., more expensive) '
for the State to effect. It is most unsuitable for LILCO to urge the NRC to manipulate the licensing process in order to help i LILCO fend off the State's legitimate activities under State law.
The NRC must, of course, totally reject any such manipulation. ;
s Attorneys for Governor Mario M.
Cuomo and the State of New York StepMen B. Latham
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Twomey, Latham & Shea P.O. Box 398 33 West Second Street Riverhead, New York 11901 Attorney for the Town of Southampton July 21, 1986 i
Coliseum Stays in LILCO Plan dont Lynne Abraham said uulltd By John Mcdonald In tes lates avistem of m Y'.m'D er-calcials had band the seuruon the letter on Punell's statements to responas plan for b Sh the pnen.
plant, the Imag nuclest Co. continues to des' lana Beach S evisor Bruce Island ignate Nassau Coliseum asits re* N location osater for evacuees -
said 1.R 4 W um the Coumum is "abourd, and it evisors' vote h h b b d h ! @ dn use the buil I dgtte p Nuclear Regulatory a Naanau su aedor.,taken by b Board d W m He was W La ht W.
muniasion cient by Glen Cove Mayor Vinemas
- June 20, a few days aAar the voes by Sucesi. Hemposand Supervtaer the Nassau supervisors. The utility 'Ibomas Guletta es!d through a Atold the NRC in a: accompanying -^- that the board's resole-Wletter that Naansu co Enesutive b "speaka Ier tusif."
that in a
$.aFrancis Purcell he rt,al emergency haswould "make use LIILO shanged several aspects of cf whatever resourses were available its plaa in response to a Federal y to him,inel the Collaoum." Emergency maaga'annt Agency Purcell's eswoman, Elaine evaluaties of a drill it held Feb.18, a g King, said, however, that Pureell has drill la which Sudblk County and never odicially made such a state- New York State oScials afhand to mentto the utility LI140 vice presi- participate.
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s NEWSDAY Saturday, July 12, 1986 Page 12 Cuomo Invite for LILCO By Martin Weston "ro the extent there is any confu.
Gov.Mario Cuomoyesterdaysent a sion about our prior invitation to dis. -
formal invitation to LILCO to begin cuss and negotiate, consider this negotiating the future of the utility letter as a former conArmation of -
and electric power on Iong Island. that position."
The invitation, sent in the form of Yesterday, LIILO spokaarnan Wil.
a letter from the governor's secro- liam Sherrard said the company tary, Gerald Crotty, followed an ear- would have no comment because Ca.
lier announcement by Cuomo that he tacosmos had not yet received the had named his economic develop- letter. But, Sherrard anid, "LIILO is ment chief. Vincent Tese, to disset ready to sit down with the governor talks with Long Island Lighting Co. at any time."
Crotty's letter to LILCO chairman In recent weeks Cuomo has indi-William J. Catamainas said:"As you cated publicly that although the know, the governor has said to you state was pursuing a public power privately and repeated it publically authority to replace LILCO, he that he has always been willing to hoped for a negotiated settlement of negotiate with LILCO on the very so- such issues as the Shoreham nuclear rious issues facing both ratepayers plant and whether the utility would on Long Island and LILCO. continue in its present form.
s UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Commission
)
In the Matter of )
)
LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-3
) (Emergency Planning)
(Shoreham Nuclear Power Station, )
Unit 1) )
)
Certificate of Service I hereby certify that copies of SUFFOLK COUNTY, STATE OF NEW YORK, AND TOWN OF SOUTHAMPTON MOTION FOR RECONSIDERATION OF CLI-86-11 have been served on the following this 21st day of July 1986 by U.S. mail, first class, except as otherwise noted.
- Lando W. Zech, Jr., Chairman
- William C. Parler, Esq.
U.S. Nuclear Regulatory Comm. General Counsel Room 1113 U.S. Nuclear Regulatory Comm.
1717 H Street, N.W. 10th Floor Washington, D.C. 20555 1717 H Street, N.W.
Washington, D.C. 20555
- Comm. James K. Asselstine *Comm. Frederick M. Bernthal U.S. Nuclear Regulatory Comm. U.S. Nuclear Regulatory Comm.
Room 1136 Room 1156 1717 H Street, N.W. 1717 H Street, N.W.
Washington, D.C. 20555 Washington, D.C. 20555
- Bernard M. Bordenick, Esq. *Comm. Thomas M. Roberts U.S. Nuclear Regulatory Comm. U.S. Nuclear Regulatory Comm.
7735 Old Georgetown Road Room 1103 8th Floor, Room 8704 1717 H Street, N.W.
Washington, D.C. 20555 Washington. D.C. 20555 l
1 1
a Alan S. Rosenthal, Chairman Stuart Diamond
-Atomic Safety and Licensing Business / Financial Appeal Board NEW YORK TIMES U.S. Nuclear. Regulatory Comm. 229 W. 43rd Street New York, New York 10036 Washington, D.C. 20555 Joel Blau, Esq.
Mr. Howard A. Wilber New York Public Service Comm.
Atomic Safety and Licensing Appeal Board The Governor Nelson A.
U.S. Nuclear Regulatory Comm. Rockefeller Building Washington, D.C. 20555 Empire State Plaza Albany, New York 12223 Mr. Gary J. Edles Stewart M. Glass, Esq.
Atomic Safety and Licensing Regional Counsel Appeal Board Federal Emergency Management U.S. Nuclear Regulatory Comm. Agency Washington, D.C. 20555 26 Federal Plaza New York, New York 10278 Mr. William Rogers Anthony F. Earley, Jr., Esq.
Clerk General Counsel Suffolk County Legislature Long Island Lighting Company Suffolk County Legislature 175 East Old Country Road Office Building Hicksville, New York 11801 Veterans Memorial Highway Hauppauge, New York 11788 Spence Perry, Esq. * *W . Taylor Reveley, III, Esq.
Associate General Counsel Hunton & Williams Federal Emergency Management P.O. Box 1535 Agency 707 East Main Street Washington, D.C. 20471 Richmond, Virginia 23212 Mr. L. F. Britt Mr. Jay Dunkleberger Long Island Lighting Company New York State Energy Office Shoreham Nuclear Power Station Agency Building 2 North Country Road Empire State Plaza Wading River, New York 11792 Albany, New York 12223 Ms. Nora Bredes Stephen B. Latham, Esq.
Executive Director Twomey, Latham & Shea Shoreham Opponents Coalition 33 West Second Street 195 East Main Street Riverhead, New York 11901 Smithtown, New York 11787 i
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Mnry Gundrum, Esq.
- Docketing and Service Section N;w York State Department Office of the Secretary of Law U.S. Nuclear Regulatory Comm.
2 World Trade Center, Rm. 4614 1717 H Street, N.W.
Nsw York, New York 10047 Washington, D.C. 20555 MHB Technical Associates Hon. Peter Cohalan 1723 Hamilton Avenue Suffolk County Executive Suite K H. Lee Dennison Building San Jose, California 95125 Veterans Memorial Highway Hauppauge, New York 11788 Martin Bradley Ashare, Esq. Dr. Monroe Schneider Suffolk County Attorney North Shore Committee Bldg. 158 North County Complex P.O. Box 231 Voterans Memorial Highway Wading River, New York 11792 Hauppauge, New York 11788 Fabian G. Palomino, Esq. Atomic Safety and Licensing Special Counsel to the Governor Appeal Board Executive Chamber, Rm. 229 U.S. Nuclear Regulatory Comm.
State Capitol Washington, D.C. 20555 Albany, New York 12224 David A. Brownlee, Esq.
Kirkpatrick & Lockhart 1500 Oliver Building Pittsburgh, Pennsylvania 15222 W
Lawrence Coe Lanpher/F KIRKPATRICK & LOCKHART 1900 M Street, N.W.
Suite 800 Washington, D.C. 20036 Date: July 21, 1986 By Hand By Federal Express
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STATE OF NEW YORK A. 9517--B S. 7784--B R. R. 736 l SENATE ASSEMBLY March 4, 1986 IN SENATE -- Introduced by Sens. LAVALLE, JENKINS, LACK, TRUNZO -- read twice and ordered printed, and when printed to be committed to the Conunittee on Energy -- committee discharged, bill amended, ordered re-printed as amended and recommitted to said committee -- committee dis-charged, bill amended, ordered reprinted as amended and recommitted to said colnmittee
-- Introduced by M. of A. HARENBERG, KREMER, HALPIN, IN ASSEMBLY NEVBURGER, PATTON, YEVOLI, LIPSCHUrZ -- Multi-Sponsored by -- M. of A.
BARRAGA, BEHAN, BIANCHI, FLANAGAN, GAFFNEY, KRAMER, SAWICKI, WERTZ --
. read once and referred to the Committee on Corporations, Authorities and Commissions -- reported and referred to the Committee on Ways and Means - committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported and referred to the Committee on Rules -- amended on the special order of third read-ing, ordered reprinted as amended, retaining its place on the special order of third reading AN ACT to amend the public authorities law, the public service law and the election law in relation to creating the Long Island power authority, prescribing its functions, powers and duties and to permit the sale of certain interests in the Nine Mile Point nuclear power project and making an appropriation therefor-The People of the State of New York. represented in Senate and Asses-bly, do enact as follows:
, 1 Section 1. Article five of the public authorities law is amended by 2 44 ding 4 new title one-A to read as follows: g 3
TITLE 1-A 4 IDNG ISLAND POWER ACTIHORITY 5 Section 1020. Short title._
6 1020-a. Declaration of legislative findinas and declarations.
7 1020-b. Definitions.
EXPLANATION--Matter in italles (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBD12449-18-6 5
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-- .f e 2 A. 9517-r8
+ 1 1020-c. Long Island power authority; creation.
'* 2 1020-d. Trustees.
3 1020-e. Officers and employees: expenses.
4 1020-f. General powers of the authority.
S 1020-g. Powers to provide and maintain generating, transmission 6 and resource recovery waste to energy facilities.
7 1020-h. Acquisition of property, including the exercise of the I
8 power of eminent domain.
9 1020-1. Subsidiaries.
10 1020-.i. Notes of the authority.
11 1020-k. Bonds of the authority.
12 1020-1. State and municipalities not liable on bonds or notes.
13 1020-m. Lezal investments.
14 1020-n. Deposit and investment of moneys of the authority.
15 1020-o. Agreement of the state.
16 1020-p. Exemption from taxation.
17 1020-c. Payments in lieu of taxes.
18 1020-r. Repayment of state appropriations.
19 1020-s. Public service law generally not applicable to 20 authority: inconsistent provisions in certain other 21 acts superseded. .
22 1020-t, Authority not to construct or operate a nuclest powered.
23 f acility in the service area. -
24' 1020-u. ' Employees of the authority not subject to the public
- 25- employees' fair employment act. 2. .
26 1020-v. Equal employment opportunity and minority and aramen.
9 27 owned business enterprise- programs. _ 17 .
w 28 1020-w. Audit and annual reports. .
dj:f .
29 1020-x. Authority-subject to open meetings law. t y... ..
m- 30~ 1020-y. Court proceedings: preferences: venue. c ,23 31 1020-z. Corporate existence- :u.p y 32 1020-aa. Conflicts of interest. -
snin si 33 1020-bb. Authority 'sub_iect- to certain provisions anants'inbd in
- the state finance law, the public. service taie,, thec 34 4 '
35' social services law and the general municiosin 1 swr. .
36 1020-cc. Authority not to seek nor any subsidiary of - the "i
37 authority. to apply for or accept prefiscence .
1 38 hydroelectricity.* . .
1020-doc Nine Mile Point II: ' disposition of interest..
ma:m
, q 39 . ,2.y
. .g 40- 1020-ee. Liberal interpretation. ,
, . * :ria ar.e ' -
41 1020-ff. Inconsistent provisions of other laws supersedadeque J-j 42 1020-ag. Severability. , - syv,hixaj .-
43 $ 1020. Short tit'le.- This title shall be known and may ber eitedJes<:the.
- 44 "Long Island power ' authority r.ct". . q', seis .
j 45 6 1020-a. Declaration .of legislative findings and declaratibesrThe.
j! 46 legislature hereby finds and declares thet:
. - t. .:o
, 47 Constantly escalating and excessive costs of electricity in theocoun-
- ;f 48 ties of Suffolk and Nassau and that portion of the county, of iQueens
[.
P 49 served by the Long Island lighting company (hereinafter referredose as
$ '! !( 50 the " service area") poes a serious threat to the economic Jwell-bMna.
4 Afr 51 health and safety of the raridents of and the commerce and-(Ddustry in.
j $8 52 the service area. : _. 2
]'
53 there is a lack of confidence that the needs of the residents'and of
, 54 commerce and industry in the service area for electricity ce be sup-F t , '."J._'-
anu]is, , .a, .
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=44 r 9517-fB -
3 A. 9517--B l
- o. 7784--B
'I' 1 plied in a reliable, ef ficient and economic manner by the Long Island 2 limhting company (hereinaf ter referred to as "LILC0").
3 Such excessive costs and lack of confidence have deterred commerce and r-is' ion 4 industry from locatina in the service area and have caused existing com-
- i-n.
5 merce and industry to consider seriously movina cut of the service area.
n of thi 6 The decisions by LILCO to commence construction of the Shoreham nu-i 7 clear power plant and thereafter to continue such construction were 8 imprudent ._
9 The investment of LILCO in the Shoreham nuclear power plant has c'apabilities i
10 created significant rate increases, strainina the economic ir netes. 11 of ratepayers in the service area, and likely will require further sub-12 stantial rate increases if such plant is placed in service.
13 It is uncertain whether the Shoreham nuclear plant ever will no into commercial service, or if it does whether its reliability, cost of con-
.ty .
14 15 s t ruction. operation and maintenance will be such as to provide suffi-in the ser-16 cient, reliable and economic electric service to ratepayers in 17 vice area. The very substantial financial strain of the investment ibin t* 18 the Shoreham nuclear plant has required LILCOthreatening severely to suspendthe dividends continued on n eth*r 19 its common and preferred stock, 20 economic viability of LILC3.
powsr-d 21 For all the above reasons, a situation threateninz the economy, health 22 and safety exists in the service area._
e public 23 Dealinz with such a situation in an ef fective manner, assurina efficient the 24 provision of an adequate supply of electricity in a reliable, in and nd women 25 and economic manner, and retaining existina commerce area, and industry in which a attractina new commerce and industry to the service a'
26 substantial portion of the state's population resides and which encoe=
27 industry, are 28 passes a substantial portion of the state's commerce and 29 hereby expressly determined to be matters of state concern within the 30 meaninz of parazraph three of subdivision (a) of section three of arti-
. s e'-
"I C 31 cle nine of the state constitution.
rtned in 32 Such matters of state concern best can be dealt with b'y replacinz such authority. Such an swv ithi 33 invastor owned utility with a publicly owned power 34 authority can best accomplish the purposes and objectives of this title 35 by implamenting, if it then appears appropriate, the *results of nosotia-lar .
wf ' th9 efur nc7 36 tions between the state and LILCO. In such circumstances. such an be 37 authority will provide safe and adequate service at rates which will e r '. *
-- 38 lower than the rates which would otherwise result and will facilitate into more beneficial enerzy demand / energy
- 2: 39 the shiftinz of investment
$319' 40 supply mannaseent alternatives, realizina savinas for the ratepayers and F32 41 taxpayers in the service area and otherwise restorina the confidence and d ies ethi . 42 protectina the interests of ratepayers and the economy in the service such investor "21f 43 area. Moreover. in such circumstances the replacement of utilities by such an authority will result in an Leproved systes and reduction of future coats and a safer, more efficient, reliable and 2nt* Th7 44 owned
- " 45 2'ocoun- 46 economical supply of electric anerrr. The lezislature further finds,that practicable all n2u- ns 47 such an authority shall utilize to the fullest axtant edst,as 48 economical means of conservation, and technologies that rely on renews-1-bhing. 49 ble enerzy resources comeneration and improvements in enerzy ef ficiency ustry in 50 which 1020-b. will bansfit the interests of the ratepayers of the service area.
I 51 5 Definitions. Aa used or referred to tn this title, unless a dif ferent meaning clearly appears from the context t
- 1. " Acquire" means .' with respect to any right, title or interest in esi- or s'and of 52 be sup* 53 the act of takinz by the axercise of the power of 54 to any property, 55 nent domain, or acquisition by purchase or otherwise.
- D.* 1, a m,a,w c .
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=
S. 7784--B 4 A. 9317--B 1 2. "Act" means the Lona Island power authority act. beina title one-A
- 2 of article five.of the public authorities law, as added by this title.
3 3. " Authority" means the Lona Island power authority created by sec-4 tion one thousand twenty-c of this title.
. 5 4. " Board" means the board of trustees of the authority.
E 6 5. " Bonds" or " notes" mean the bonds, notes or other obligations is- ,
7 sued by the authority pursuant to this title. l
- 6. " Fair market value" means the value of property, real, personal or 8 !
9 mixed, which would be obtained in an arm's lanath transaction between an j 10 informed and willina buyer under no compulsion to buy. and an informed 31 and willina seller under no compulsion to sell.
F 7. " Federal nevernment" means the United States of America and any T tency or instrumentality, corporate or otherwise, of the United States g . of America.
- 8. " Final determination" or " finally determined" means a judicial 16 decision (i) by the hiahest court of competent jurisdiction or (ii) by
- _ L 17 a court of competent iurisdiction from which no appeal has been taken J 18 and the time within which to appeal has expired.
P 19 9. "Governina body" means, with respect to any municipality, the body 20 havina charte of the fiscal affairs of such municipality.
- 21 10. "LIIro" means the Lona Island limhtina company, its subsidiaries 22 and their successors and assians , other than the authority.
- 2 23 11. " Municipality" means any city, town, village. county, municipal E
h 24 corporation. district or other political subdivision of the state.
25 12. "0CLD" means the criminal cost of assets. less decreciation._
t' -
26 13. " Prudent utility practices" at a particular time means any of the fy 27 practices. ne' hods.. and acts, which in the exercise of reasonable iuda-28 ment in lish". of the f acts (includina but not limited to the practices.
< .. : 29 methods and acts enaated in or approved by a sinnificant portion of the
-
- 30 mas or the electrical utility industry, as the case may be. prior 31 thereto) known at the time the decision was made, would have; be< a ex-
%g; 32 poeted to aceasrplish the desired result at the lowest reasonab ,e cost G 33 consistant with reliability, safety and expedition. Prudent utility f4 34 practice is not intended to be limited to the optimum practice sethod
- 35 or act, to the exclusion of all others, but rather to be a spectrusr of r dee8M 36 possible practices. methods or acts. In evaluatina whether any matter
(~
j (( 37 38 conforms to prudent utility practica the parties shall take. into ac-count the fact that the authority is a corporate municipality of the _
, . 39 state with the statutory duties and responsibilities thereofr u k - . M. .$, 40 14. "Real property" means lands , structures. franchises and interests 5 -eesusp ' '41 in land, includina lands under water and riparian rimhte. and any and p
g g
- M*M 4 -
42 43 all other thinas and rizhts usually included within such ters. and in-cludes also any and all interests in such property less than full title.
! 44 such as easements. rizhts of way, uses. leases. licenses and all other
~
45 fncorporeal hereditaments and every estate. interest or rimht. leaal or 1 , 46 equitable, includina terms for years and liens thereon by way of _iuda-C 47 monts, mortaassa or otherwise, and also all claims for da===== for such
~ 48 real estate. .
49 15. "RCNLD" means the reproduction cost of new assete. less
" 50 depreciation.
i .- 31 16. " security" means any note, stock (whether common or preferred).
- 52 bond. debenture, evidence of indebtedness, transferable share. votian-53 trust certificate or, in teneral, any interest or instrument commonly
$4 known as a " security", or any certificate of interest or participatico 7_
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5 A. 9517--B A. 9317--B S. 7784--B e-A 1 in.
temporary or interim certificate for, rec *eipt for, or warrant or
- 2 right to subscribe to or purchase any of the foregoing.
~ **** 3 17. " Service area" means the counties .of Suf folk and Nassau and that franchise area as 4 portion of the county of Queens constituting LILCO's tations is- 6 18. "Shoreham plant" means the nuclear powered facility designed to ^
7 generate electric power owned by LILCO and located in Shoreham. New 8 York.
Ween an 9 19. " State" means the state of New York.
'= in informed 20. " State agency" means any board, authority, agency, department.. '
10 of the j
- 11 commission. public corporation, body politic or instrumentality tea and any l 12 state.
rd States '
13 21. " Trustees" means the trustees of the authority to secuen one hsaMappointed Wenty-d or e ected, as d e case may be, w rsuant a tudicial 2r (ii) by 15 of this" title. Valuation date" means (i) the ef fective date of this title.
(ii) 16 22. to this title or
[A bn+n taken 17 the date of the taking of the stock or assets pursuantor, in the case of equity or debt s 18 securities, (iii) suchsuch earlier or later date period of tradina days in the primary established F. the body 19 market in which such securities are traded, as may be determined to be thereof 20
" tbsidiaries 21 necessary to exclude from the determination of the market value 22 any enhancement or depreciation in value arisina from the announcement, municipal 23 expectation or accomplishment of the takins by the exercise of the power eminent decain or otherwise, or speculative market activity intended 24 of ,
- ion.
any of the
- 25. to cause or havina the ef fect of causina an increase or decrease iin s
- 0 *** * "" "**- ' creation. 1. For the purpose of vble iuda- 27 ' S 1020-c. Long Island power authority: one thousand twenty-a of
,,,.cge,,,
.on of the 28'.this effectuating the policy declared in sectiontitle, there is hereby created a co 29
' be, prior 30 ity of the state to be known as the "Lona Island power authority". which bun u. $14 alia11 be a body corporate and politic and a political subdivision of the .
in"ble cost it utility 31' state.
'33 2.
exercising essential movernmental and public powere:The area
.co, method 3. The authority is not created or organised, and its No operatione part 'of the shall - ;
34
~
,, ct rus' of any matter 35 n t be conducted for the purpose of making a profit.or assets persons.
of the auth 36"b revenues gg, ,e, 37 distributable to its trustees or of ficers or any other private ity of the 38 .except as herein provided for actual services rendered.
- 1. The authority initially shall consist of nine 39 ,,5 1020-d. Trus t ees . nineteen hundred gg,,,,,, 46 , trustees, who shall serve until December thirty-first.to be appointed by the moverno ,
any and 41. ninety-one , five of whom
% and 6- ' 42[ s_ha11 be the chairman, two of whom to be appointed by the temp ull title, 43 44' "the sident of assembly. Each trustee shall hold office until his successor has ell other 1" sal or 45L bsan appointed and qualified. In the event of a vacancy resignation occurrina in or otherwise the
, the y of Juda- O tof fice of an initial trustee by death, a successor, who shall hold frr euch I 47' resp =ctive appointina of ficer shall appoint i
t 48 of fice for the unexpired ters.
l og,, 7,,, j
- 2. Bezinning January first, nineteen hundred ninety-two . such who shall
. 4~9 50 authority shall consist of twenty two trustees. One trustu.
51- be the chairman, shall be appointed by the movernor, and shall serve at dis-rafyog
., rred[)
g 32 the governor's pleasure. Twenty-one trustees shall be elected from by the legislature. Each elected trustee shall be a
.t commonly [CS3tricts established from which he is elected. No person who is t!cipation
!54 resident 55 elected or appointed of the districtofficial of the state or any municipality or any a } %;
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s S. 7784--B 6 A. 9517--B 1 agency or instrumentality thereof, shall be qualified .to serve as an 2 elected trustee. Each trustee shall hold office until his successor has 3 been elected and qualified. In the event of a vacancy occurring in the 4 office of a trustee by death, resignation or otherwise, a successor 5 shall be chosen to hold office for the unexpired term in the manner 6 prescribed by the election law.
c 7 3. Prior to May first, nineteen hundred ninety-one, and each tenth 7 8 year thereafter, the legislature shall establish twenty-one districts, l 9 which shall be equal in population as determined by the last federal 10 decennial census.
11 4. Such trustees, shall be elected in elections conducted by the 12 boards of election pursuant to applicable provisions of the election 13 law. The first such election shall be held on the first Tuesday in 14 December nineteen hundred ninety-one, and the trustees so elected shall 15 take office on January first, nineteen hundred ninety-two. At such elec-16 tion seven trustees shall be elected for a term of one year; seven shall 17 be elected for a term of two years: and seven shall be elected for terms 18 of three years each. Each such term ending on December thirty-first of 19 the last year thereof. Not later than July first, nineteen hundred 20 ninety-one and each subsequent year in which a reapportionment or read-21 _iustment of such districts, takes place, the state board of elections 22 shall determine by lot, which such trustaes shall be elected for which
- 23 terms. Thereafter, seven trustees shall be elected on the first Tuesday f 24 in December of each year to replace the trustees whose terms will expire i
25 at the end of such year, for terms of three years each except that, all 26 trustees shall be elected at the first election held after a reappor-27 tionment or readjustment of such districts. No political party shall be
~
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28 entitled to nominate candidates for the office of trustee at any such
[
, . . 29 election.
- ? 30 5. Until the trustees first elected pursuant to subdivision four
" " kh 31 hereof shall have taken office, five trustees shall constitute a quorum
^' 32 for the purpose of organizing the authority and conducting the business N 33 thereof. Thereafter, eleven trustees shall constitute a quorum for the 34 purpose of conducting the business of the authority. The vote of a
- % 35 maiority of the trustees shall be required for the purpose of takinz g 36 action.
g A-. 37 6. The trustee appointed as chairman as provided in this section shall -
%'F 38 receive an annual salary which shall be set at the salary prescribed for
' 39 the positions listed in paragraph (f) of subdivision one of section one
- MWi E .d, . 40 hundred sixty-nine of the executive law. Each other trustee- shall m"' M 41 receive no salary but shall be entitled to reimbursement for reasonable 42 expenses in the performance of duties assigned hereunder.
- 7. Notwithstanding the provisions of any other law, no trustee, of-i 43
- .
- 44 ficer or employee of the state, any state agency or any municipality ap-
' 45 pointed a trustee of the authority by the governor, the temporary presi- .
~
46 dent of the senate or the speaker of the assembly pursuant to subdivia -
47 sion one of this section shall be deemed to have forfeited or shall !
. l 48 forfeit his office or employment by reason of his acceptance of a i 49 trusteeship on the authority, his service thereon or his employment 50 therewith.
5 1020-e. Officers and employees: expenses. The board, or the chairman g4 MiMv ,
51 52 pursuant to authority duly delegated to him, from time to time shall 2 53 hire, without regard to any personnel or civil service law, rule or ren-i
%,,.cg i 54 ulation of the state and in accordance with guidelines adopted by the 55 authority such employees and consultants, including without limitation
-~ , 3 '
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- S. 7784--B 7 A. 9517--B
$17--B 1 those in the areas of engineering, marketing, finance, appraisal, ac-s3 an 2 counting and law, as it may require for the performance of its duties or hen 3 and shall prescribe the duties and compensation of each officer and em-n th7 4 ployee, provided, however, that if any such employees are hired as a 5 consequence of an acquisition of all the stock or assets of LILCO, they 6 shall be hired subject and be entitled to all applicable provisions of
- ss*r rann*r 7 (i) any existing contract or contracts with labor unions and (ii) all tenth 8 existing pension or other retirement plans. Notwithstanding the provi-
- ricts, 9 siens of any general, special or local law, the board may determine 10 that, if any pension or retirement plan becomes inapplicable or is ter-cd r-1 11 minated, all or such class or classes of employees of the authority as by th, 12 the board may determine may elect to become members of the New York ectirn 13 state employees' retirement system on the basis of compensation payable d'y in 14 to them by the authority.
shell 15 6 1020-f. General powers of the authority. Except as otherwise limited al e-16 by this title, the authority shall have all of the powers necessary or sh911 17 convenient to carry out the purposes and provisions of this title, in-t"rms 18 ciuding without limiting the generality of the foregoing, the power:
it et 19 (a) To sue and be sued in all courts and to participate in actions and ,
mdrd 20 proceedings, whether judicial, administrative, arbitrative or otherwise; re'd- 21 (b) To have a corporate seal, and to alter such seal at pleasure, and
- ti*n, 22 to use it by causing it or a facsimile to be affixed or impressed or re- -
which 23 produced in any other manner; red *y 24 (c) To appoint officers, agents and employees, without regard to any ixpir, 25 personnel or civil service law, rule or regulation of the state and in All 26 accordance with guidelines adopted by the authority, prescribe their poor- 27 duties and qualifications and fix and pay their compensation; til b, 28 (d) To purchase, receive, take by grant, gift, devise, bequest or such 29 otherwis e , lease, or otherwise accuire, own, hold, improve, employ, use 30 and otherwise deal in and with, real or personal property whether tangi-frur 31. ble or intangible, or any interest therein, within the state; unrum 32- (e) To acquire real or personal property, whether tangible or intanti- in including without limitation property rights, interests in^-9 33 ble, th7 34 property, franchises, obligations, centracts, and debt and equity of a 35 securities, by the exercise of the power of eminent domain; provided, rking 36 however, that any real property acquired by the exercise of the power of 37 eminent domain must be located within the service area; sh911 38 (f) To sell, convey, lease, exchange, transfer, abandon or otherwise d fer 39 dispose of, or mortgage, pledge or create a security interest in, all or n en7 40 any of its assets, properties or any interest therein, wherever situ- _
shell 41 ated; n-blo 42 (g) To purchase, take. receive, subscribe for, or otherwise acquire.
lease, lend, ex-43 hold, make a tender of fer for, vote, employ, . sell, ef-44 ch ange , transfer, or otherwise dispose of, mortgage, pledge or grant a y ap- 45 security interest in, use and otherwise deal in and with, bonds and' r si-46 other obligations, shares or other securities (or interests therein) is-divi-47 sued by others, whether engaged in a similar or different business t or sh'11 48, activity; rf a 49 (h) To make and execute agreements, contracts and other instruments yment 503 .necessary or convenient in the exercise of the powers and functions of 51 the authority under this title, including contracts with any personi irman 52 firm, corporation, municipality, state agency or other entity in accord-shall 53 ance with the provisions of section one hundred three of the general r g= $4 municipal law, and all state agencies and all municipalities are hereby th7 etien EY' "5 . . D T *%
9 49 4B[g* - QN 4
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S. 7784--B 8 A. 9517--B
.m
.g 1 authorized to enter into and do all things necessary to perform any such k6
- ~
e 2 agreement, contract or other instrument with the authority; 3 (i) To borrow money at such rate or rates of interest as the authority
- 4 may determine, issue its notes, bonds or other obligations to evidence 5 such indebtedness, and secure any of its obligations by mortgage or
.b E
6 pledge of all or any of its property or_any interest therein, wherever g
7 situated:
8 (j) To arrange for guarantees of its bonds, notes or other obligations
$t 9 by the federal government or by any private insurer or otherwise, and to to pay any premtums tnerefor; v' 11 (k) To issue such bonds or notes or other obligations whether or not 4 12 the income therefrom is exempt from federal income taxation:
. 13 (1) To purchase bonds, notes o'r other obligations of the authority at
[ 14 such price or prices as the authority may determine:
(m) To lend money, invest and reinvest its funds, and take and hold 15 y 16 real and personal property as security for the payment of funds so 17 loaned or invested; 5W 18 (n) To procure insurance against any loss in connection with its 19 properties or operations in such amount or amounts and from such in-
. h 20 surers, including the federal government, as it M y deem necessary or
%. 21 desirable, and to pay any premiums therefor:
4 22 (o) To create or acquire one or more wholly owned subsidiaries in ac-
- M 23 rordance with section one thousand twenty-i of this title to carry out A
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24 all or any part of the purposes of this title; 25 (p) To negotiate and enter into agreements with trustees or receivers 26 appointed by United States bankruptcy courts or federal district courts l , n.M 27 or in other proceedings involving- adjustment of debts and authorize l -
M 28 legal counsel for the authority to appear in any such proceedings:
-MQg
- 29 (a) To file a petition under chapter nine of title eleven of the 30 United States bankruptcy code or take other similar action for the ad-
" ' hbi O!
[t 31 justment of its debts:
32 (r) To enter into agreements to purchase power from tha power ac.rxj ,
j 33 authority of the state of New York, the state, any state agency, any s ; 34 municipality, any private entity, or any other available source at such
- 46 . ' 35 price or prices as may bo negotiated: provided, however, that the YM 86' I! 36 authority shall not have the cover to enter into any agreement or any g
gg$hQ mM, lg 37 negotiation for the purchase of power from the dominion of Canada, or 38 any political subdivision, public authority or private corporation 39 therein but may enter into an agreement with the powe'r authority of the -
M' 40 state of New York for the purchase of such power: 9 .
N""'D @ 41 (s) To enter into management agreements for the operat' ion el ill or
- N8 42 any of the property or facilities owned by the authority:
'M i 3: 43 (t) To transfer any asset of the authority to one or more (i) nrivate f 44 utility or (ii) municipal gas or electric agency established pursuant to
' 45 article fourteen-A of the general municipal law, for such consideration 46 and upon such terms as the authority may determine to be in the best is-u 47 terest of the gas and electric ratepayers in the service area:
ff 48 (u) Subject to the provisions of subdivision six of section one
,, pf 49 thousand twenty-k of this title and after holding publie hearians k~ 5A M
50 thereon upon reasonable public notice, with at least one such hearing to 51 be held in the county of Suffolk and at least one in the county of Naa-52 sau, to fix rates and charges for the furnishing or rendition of gas or r'
Th[/H
'Y 53 electric power or of any related service at the lowest level consistent 54 with sound fiscal and operating practices of the authority and which FMMM i 55 provide for saf e and adequate sortice: l
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.3 S. 7784--B 9 A. 9517--B 1 (v) To enter upon ary lands and within any building whenever in its
,*l 2 judgment it may be necessary for the purpose of making surveys and exa-b 3 minations to accomplisk any purpose authorized by this title; 3 4 (w) To enter into agreements to pay annual sums in lieu of taxes to O 5 any municipality with respect to any real property which is owned by the 6 authority and is located in such municipality; 1"'- 7 (x) To maintain an office or offices at such place or places in the E 8 state as it may determine; a 9 (y) To make any inquiry, investigation, survey or study which the O 10 authority may deem necessary to enable it effectively to carry out t ,a 11 provisions of this title and, for that purpose, to take and hear proo*s
,. g 12 and testimony, and with the prior vote of a maiority of the board which -
13 maiority vote shall include the vote of the chairman to compel the at-ild 14 tendance of witnesses and to require the production of records, books, g
- 15 papers, accounts and other documents, including public records, and to 16 make copies thereof or extracts therefrom: and ts 17 (z) To adopt, revise, amend and repeal rules and regulations with p respect to its operations, properties and facilities as may be necessary g 18 carry out the purposes of this title, subject to the 19 or convenient to k 20 provisions of the state administrative procedure act.
e.
21 1020*r. Powers to provide and maintain menerating, transmission and ]
g l resource recovery waste to energy facilities. Without limitint the Ren- }y 22 the- authority by section one 23 erality of the powers conferred upon g
rn 24 . thousand twenty-f of this title, the authority sball havs "the specific lj 25 power:
L g- 26 (a) Subject to the provisions of subdivision one of section ten hun- ]
27 dred twenty-s of this title, to acquire, construct, improve, rehabili- dtg he maintain and operate such renerating, transmission and related K
~
26 tate, 29 facilities as the authority deems necessary or destfable to maintain an d er 30 adequate and dependable suocly of gas and electrie power within the ser- $
1 31- vica area:
(b)- Subject to the provisions of subdivision one'of section ten hun-h 32 33 dred twenty-s of this title, to acquire, constructi improve, rehabili- ['-]
h1 tate, maintain and operate such hydroelectric or energy storage projects ,
34 g 35 within the state as it deems necessary or desirable to contribute to the ]
or g 36 adequacy, economy and reliability of the supply of electric power and _
c 37 anergy or to conserve fuelt y, g '
38 (c) Subject to the provisions of subdivision one of section ten' huna ~
39 dred twenty-s of this title, to determine the location, type, size, con-
- 3r
~ 40 struction, lease; purchase, ownership, acquisition, use and operation of 41 any Raneratinz,~ transmission or other related f acility, provided, how-n 42 ever, that in makinz such determinations relating to electric power R 43 facilities the authority shall rive primary consideration to the con e g 44 struction of enerry efficient facilities, energy conservation, load [
p
- 45 management programs, and cogeneration in the service area; 46 (d) To proceed with the physical construction or completion of any a 47 menerating, transmission or related facility:
] 48 (e) To apply to the appropriate agencies and officials of the federal go p 49 and state nevernments, for such licenses, permits or approval of its
- 50 plans or projects as it may deem necessary or advisable, and to accept Si such licenses, permits or approvals as may be tendered to it by such E 52 agencies or officials, upon such terms and conditions as it may deem ap-lg 53 propriatei i
54 (f) To institute suit, or to apply to any legislative body for 55 legislation, or to take such other action as it may deem necessary or g
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2
S. 7784--B 10 A. 9517--B 1
1 edvisable in the fartherance of the purposes of this title and for the 2 2 protection of its rights, if for any reason the authority shall fail to 3 3 secure any such license, permit or approval as it may deem necessary or 5
g 4 advisable; 5 (g) To study means of maintaining the customer base in, and attracting 6 i h 7 6 commerce and industry to the service area; 8
7 (h) To implement programs and policies designed to increase the effi- l 9
8 ciency of energy end use, to shift demand .frem periods of high demand to N
'k(; 10 9 periods of low demand and to facilitate the development of cogeneration; (i) To develop, with public participation, a comprehensive least-cost ,
, 11 plan which shall consider practical and economical use of conservation, !
13 12 renewable resources, and cogeneration for providing service to its
[1 13 customers; I'
15 14 (j) To cooperate with and to enter into contractual arrangements with i
- 16 15 private utility companies or public entities:
I (i) with respect to the construction and operation of facilities by I 16
.i 17 the authority and the sale of all or part of the output therefrom; j 18 (ii) with respect to the construction, completion, acquisition, owner-ship and/or operation of generating facilities, fuel, docks, sidings, 20 t5 19 21 M. - 20 loading or unloading equipment, storage facilities and other subsidiary 22 0 21 facilities and the disposition of the output of such generating facili-
{ 22 ties; and J 23 (iii) with respect to the construction, acquisition, ownership, opera-25 24 tion and/or use of transmission facilities; 26 g@..
g 25 26 (k) To cooperate with and to enter into contractual arrangements with municipalities with respect to the construction, improvement, rehabili-
- 27 tation, ownership and/or operation of generating facilities; 28 (1) To cooperate with and to enter into contractual arrangements with f.
y 29 the New York state energy research and development authority in connec-0 30 tion with the planning, siting, development, construction, operation and h
A i 31 maintenance of generating facilities of the authority utilizing new 32 energy technologies; 33 (m) Subject to the provisions of section ten hundred twenty-sa of this 5
[l p'
34 title, to construct, maintain and operate resource recovery waste to 35 energy facilities; and y
3' k 36 (n) Af ter the establishment of Long Island Power Authority (I. IPA) and h 37 the commencement of its function as a utility, LIPA shall acquire from
- 38. LILCO all franchise and utility service responsibilities for all ulti-f 39 mate consumers of gas and electricity within LILCO's former service ter-
~
[S 40 ritory, including the responsibility to provide safe and adequate ,
C j 41 ~ service.
42 $ 1020-h. Acquisition of property, including the exercise of the power k'; j 9 43 of eminent domain. 1. The legislature hereby expressly finds and 4~
44 determines:
hf pj 45 46 la) The acquisition by the authority, through purchase or the exercise of the power of eminent domain, of either the securities or assets of b'; ;i 47 LILCO whichever is less expensive for the ratepayers, as the authority IC 48 may determine will be just to the ratepayers in the service area, is the h
T 49 50 most appropriate means of dealing with the emergency involvir.g the economy, health and safety of the residents and the industry and com-5
$@ 51 merce in the service area, notwithstanding the fact that LILCO presently M 52 may be devoted to a public use, since the public use of such property by 5
I 9 53 the authority is hereby deemed to be superior to the public use of such bl 54 property by any other person, association, or corporation.
5 9w i
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S. 778b-B 11 'A. 9517--B 517--B 1 (b) The authority, prior to exercising its power of eminent domain to or th, 2 acquire the stock or assets of LILCO, shall enter into negotiations with il to 3 LILCO for the purpose of acquiring such stock or assets upon such terms try er 4 as the authority, in its sole discretion, determines will result in 5 rates equal to or less than the rates which would result if LILCO were teting 6 to e ntinue in operation.
7 (c) The situs of all stock issued by LILCO, a New York corporation, is
,ffg. 8 the state of New York.
and tn 9 (d) The compensation paid by the authority to LILCO shall be just to 10 the ratepayers in the service area who must pay such compensation.
stirn:
- -cest 11 (e) If the authority determines that it is the stock of LILCO that stien, 12 should be taken, the proper measure of damages shall be the fair merket
.o its 13 .value thereof as evidenced by the price of such stock en the exchv.ge on 14 which they are traded on the valuation date since there is an esta-with 15 blished market for such stock that is reflective of its value. In no 16 event, however, shall consequential or sevetance damages be awarded if es by 17 control of LILCO shall have been taken by the authority.
18 (f) If the authority determines that it is the assets of LILCO that vn r- 19 should be taken, fair market value would not constitute iust compensa-ings, 20 tion to LILCO since there is an insufficient market in the usual sense fiery 21 for its assets to ascertain the value thereof from the market. In deter-
- 111 22 mining the compensation payable for such assets, there shall be taken 23 into consideration the capitalization of LILCO's expected future 24 e a rn ings .
nre-25 (R) LILCO has no reasonable expectation of realizing actual earnings with 26 .from the Shoreham plant or of giving effect to any earnings or returns )
)ili- 27 which may have been reflected on the books of LILCO for accounting 1 28 purposes. Moreover, it would not be reasonable, under current and reas-with tn c.
29 onably foreseeable __ circumstances, to expect that the Shoreham plant 30 would be reproduced by a public or private utility in LILCO's present k
-Q t end 31 p sition.
n+w 32 (h) LILCO would have to phase in over a long period of time any rate ?q: .
33 increases based on the costs of the Shoreham plant.
this 34 (i) The public service commission has imposed a limitation on the .-
to 35 earnings which LILCO may realize on its interest in the Nine Mile Point g 36 nuclear power facility. C-end 37 ( .1 ) The public service commission has imposed on LIILO imprudence '
from 38 penalties with respect to the Shoreham plant.
lti- 39 (k) In determining just compensation, the following factors shall be 40 evaluated in deciding whether OCLD or RCNLD or neither constitutes the
)$
tar. 4 41 proper basis:
pg3 42 J
(i) LILCO is a regulated utility. Under the laws of the state provid-
>wa r 43 inn for the regulation of utilities, LILCO's future earnings are res- p%
snd 44 tricted to the permitted rate of return times LILCO's OCLD.
Jqi 45 (ii) LILCO presently is being operated as an enterprise the economic !)
- g,3 46 viability of which is dependent upon extraordinary financial stability of 47 adjustments by the public service commission. Such extraordinary and un-
.ggy 48 precedented rate relief was granted by the public service coannission in ,
th, 49 order to provide cash flow relief to prevent LILCO's bankruptcy with the th, 50 expectation that ratepayers would receive the full credit of such in pf o.. 51 lower rates, and that the public. service commission required such ex- 3 g 52 traordinary rate relief to be discontinued in the event that LILCO filed
.y 53 a petition for relief in a voluntary case under the Bankruptcy Act or if y{
.A uch 54 a final order for relief was entered involuntarily under such act. A 55 LILCO's lack of profitability results not from any repressive or other N i
a t
o
$4 '?k
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s
S. 7786--B 12 A. 9517--B :
1 improper action taken by any governmental entity but from such factors 1 2 as mismanagement, imprudent decisions regarding the Shoreham plant and 2 3 general inefficiency. 3
. 4 (iii) There is no reasonable probability that, af ter condemnation of 4 5 its assets. LILCO will reproduce them. 5 9 6 (iv) Use of RCNLD may result in an unwarranted wircfall to LILCO and 6 7 an unjustifiable penalty to_ _the ratepayers who would have to pay it, 7
9 8
8 since to the extent an award based on RCNLD would exceed an award based 9 on OCLD, it would reflect to a _larr.e extent the effects of inflation 9 10 which would net increase the value of the property to LILCO or its rate 10 '
11 base for ratemaking purposes or to _the authority for the purpose of con- 11 q; 12 tinuing to generate and transmit electric power within the service area. 12 l 13 (1) Neither consequential nor sev3rance damages are proper if the '
13
- 14 authority condemns all the assets of LILCO. 14 15 (m) In det e rminir.g whether LILCO has any goin's concern value, the -
I 15 16 16 court shall take into consideration the fact that LILCU's continued 17 operations are dependent upon the extraordinary financia_1, stability ad- 17 18 justments granted by the public service commission. 18
- 19 (n) Such an acquisition by the authority of the securities or assets 19 20 of LILCO serves the public purposes of assuring the provision of an ade- 20 21 quate supply of gas and electricity in a reliable, efficient and 21
.'8 4 22 economic manner and retaining existing commerce and industry in and at- 22
- 23 tracting new commerce and industry to the service area, all of which are
- 23 24 matters of state-wide concern. 24 25 2. In furtherance of the legislative findings and determinations set 25
35 4 26 forth in subdivision one of this section, the authority is hereby 26 pp - 27 authorized and empowered to acquire, through purchase or the exercise _of 27 25 the power of eminent domain, all or any part of the securities or assess 28 29 -o f LILCO, as the authority in its sole discretion mar deteratpet 29 5 30 presided, however, that prior to proceeding with any such acquisition 30 31 under this title, the board shall determine, in its sole discretion 31 32 based upon such engineering, financist and . legal data, studies and opin- 32 33 fons as it may deem appropriate, that the rates projected to be changed 33
$ 34 after such acquisition and for such reasonable period of time as . the . 34 4 35 board may dete rmine will not be higher than the rates projected to be 35 36 charged by LILCO during such period if such acquisition had not 3(
h[ 37
,p - 37 occurred. .,1p p . ,
1 38 3. The authority a*ino is authorized and empowered, in its discretion, 3!
I 39 to make a tender of fer or tender offers for all or any portion of the 3!
40 securities of LILCO et such price or prices as the authority may deter- 4(
d 41 mine to be appropriate: provided, however that such tender of fet . or 4 d
.y 42 tender offers, in the sole judgment of the author _ity, will result _in 4 43 rates less than the rates which would result from continued operation by 4 4
44 LILCO.
(a) The authority shall make such offer or offers or any adjustment 4 45 46 thereof prior to acquiring any such securities or any assets of LILCO 4 47 through the exercise of the power of eminent domain. The authority may _
i 4 the 1 4 48 pay for such securities in cash or by exchanging therefor 4
49 authority's bonds or a combination thereof. :p p l 50 (b) In the case of a tender offer in which a subsidiary oftthe '
51 authority acquires at least sixty-six and two-thirds percent of LILCO's !
,{ 52 .ca--an stock, such subsidiary may merge with LILCO and either- continue
! 53 in existence or dissolve, as it may determine. !
54 (c) The provisions of section five hundred thirteen and article six- !
55 teen of the business corporation law and any other provisions of law l
- m. c.
,y -
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- m n
,_ t s5' MAb t #,p. ,_ _ _
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=
A. 9517--B --l S. 7784--B 13 7--B term 1 relating to procedures in a corporate takeover, including without limi- 2 and 2 tation chapter nine hundred fifteen of the laws of nineteen hundred "
3 eighty-five, shall not be applicable to the actions of the authority -3 3-of 4 pursuant to this title. ;
(d) In determining whether acceptance of such _ a tender of fer by the 5 C and 6 authority is in the best interests of LILCO, the directors of LILCO 2 7 shall consider not only the dollar amount of such offer but t6 in-it, ased 8 terests of employees, suppliers, ratepayers, creditors (including' hol- ]
tion 9 ders of LILCO's debt securities),* and the economy of the service area i; ret
- 10 and the state.
The authority, should it determine, in its sole discretion, to ac- _-
con-red.
11 12 4.
quire the stock or assets of LILCO by the exercise of the power of emi- J a ths i 13 nent domain, shall not take title to nor possession of such stock er as- t
! 14 sets prior to a final determination of the amount of compensation to be m th* 15 paid for such stock or assets nor prior to a determination by the or as- E aund 16 authority, in its sole discretion that the taking of such stock M ed* ;
17 sets will result in rates less than the rates which would result from 18 c_ontinued operation by LILCO. Notwithstanding the provisions of the emi- 3 sets 19 nent domain procedure inw, the provisions of subdivisions five and six the 7 sd** 20 shall apply to the acquisition of the stock or property of LILCO by rnd 21 power of eminent domain, provided however, to the extent the provisions h
- t- 22 herein do not supersede or conflict with the provisions of such law the is are 23 provisions of such law shall apply. ==
' 24 5. Procedure for acquisition of' LILCO stock. (a) In the event the 2 net 25 authority determines to acquire the stock of LILCO by the exercise of 5 Eobf 26- the power of eminent domain, having first entered into negotiations with 27 LILCO for the purchase of such stock, the authority need not hold any m
a of 28 public hearing on its intention to condemn such stock or on the question sats l iM: 29 of the public use of such action, such finding having been made by the A tion 30 legislature herein. The authority shall commence such acquisition by ~
j tion 31 serving upon LILCO and filing with the county clerk of the county in sin- 32 which the principal of fice of LILCO is located aasnotice describing the determined by the h Ea*_d 33 stock being acquired, the valuation date, '
the 34 authority, and such additional information as the authority may reasona-3 b* 35 bly deem necessary to facilitate the process of condemnation and -
not 36 payment. The notice shall state that it is a notice of pendency of not an "
5 37 sequisition proceeding and that the authority will elect whether or 21 of such award when it has been finally determined. 'Ihe l icn* 38 to pay the amount j .:
thi 39 authority also shall cause a copy of such notice (1) to be served upon " '
ter- 40 the stock transfer agent or agents designated by LILCO for the transfer or 41 and registration of its stock and (ii) to be published in at least five '
7 42 successive issues of a daily newspaper of national circulation._
t in ! _"_
1 by 43 (b) Upon receipt of such notice, the stock transfer amant or agents, I a 44 at the expense of the authority, shall forthwith serve upon each of the i 4 s*nt 45 registered owners of such stock a copy of such notice. Service shall ad- be 4 ILCO 46 deemed sufficient if mailed by certified or registered mail to the M mey 47 dress of each such owner as shown on LILCO's stock transfer books. Ser=
its pu-thn 48 vice of the notice upon the stock transfer agent or agents and ,
4 49 blication shall not be jurisdictional prerequisites to the validity of c
th' 50 the taking. Failure to notify any owner of stock to be taken will not f r
Q f.0 m 51 invalidate any proceedinre brought hereunder or any title acquired by I i inui 52 the authority.
53 (c) Upon filinz of the notice described in paragraph (a) hereof, the j ]--
six- 54 authority shall petition a special term of the supreme court in the law 55 judicial district in which LILCO has its principal office for the ac= f I 2 1
i &
R J
w 5
~
g y;g =
ki S
__-5
3 .
S. 7784--B 14 A. 9517--E 1 quisition of the stock. Such petition shall be generally in the form 2 prescribed by the eminant domain procedure law so far as consistent 3 herewith. .
c, 4 (d) The supreme court in the district in which LILCO has its principal i 5 office shall have exclusive iurisdiction to hear and dete rmine all i
, 6 claims arisina from the acquisition of stock by the exercise of the {
7 power of eminent domain and shall hear such claims without a fury and e 8 without referral to a referee or commissioners. Notwithstanding the 9 provisions of section nine hundred 'ons of the civil practice law and f 10 rules- unen mation to the court by the authority, the condemnation 11 proceedina for the acquisition of stock shall be maintained as a class ,
12 acti:n, pursuent to re=sinir.: provimiens of erticle nine of the civil k; 13 practice law and rules, and the owners of the stock shall be deemed a 14 de f end ant class on the basis of the fc11owing express legislative 15 findinas;
'A.;g *
(1) the class of LILCO stock owners is so numerous that joinder of all
., 16 17 members is is;racticable:
"- 18 (ii) the issue of valuation of LILCO stock is common to all LILCO t
' 19 stock owners and there are questions of law or fact common to the mes- 1 20 bars of such class which predominate over any questions af fecting only f 21 individual members; 1 22 (iii) the claims or defenses, if any, of any representative owner of g 23 _LILCO stock to acquisition thereof by the authority are typical of ths
^3 24 claims or defenses of the class; .
' 25 . (iv) there are representative parties who will fairly and adequataly
. g; 26 grotect the interests of tha class t and
- ( 27 (v) the prosecution of separate actions by or assinst individual mem-28 bers of the class would create a risk of inconsistent or varying adjudi-29 cations with respect to the issue of valuation and other -issues common 30 to the class.
31 (e) The procedure for determinina just compensation shall be in the 32 manner prascribed by the aminant domain procedure 1:w, except_to the ex-33 tant such procedure is inconsistent with the provisions of thrs title, 34 in which case the provisions of this title shall control. .
35 (f) Upon the entry of an award finally determirina just compensation
" 36 for the stock, the autbority shall have sixty days af ter receipt of not-37 ice of entry of such award within which to elect to proceed with the 38 takinz or to abandon such acquisition as provided in subdivision ten 39 hireof. Notice. of such election shall be served by the authority and by -
j .40, the stock transfer amant in the manner described in paragraph (a)
_ 41 hereof. If the authority elects to proceed with the acquisttion, it
" shall deposit with the supreme court in which the condemnation" proceed-
_42 43 inz was held an amount equal to the award within one hundrad alahty days 44 af ter receipt by the authority of notics of entry of such award. Upon 45 the makinz of such deposit, the authority shall notify LILCO's stock 46 transfer agent in writing of such deposit. The sua so depositied shall 47 be applied as provided in the eminent domain procedure law. Upon makina 48 such deposit and zivinz such notice to the stock transfer asent, title 49 to all stock described in the notice of takina aball immentataly. vest in 50 the authority and the authority shall have the immediate risht thereto.
51 In the event the authority elects to abandon the acquisition, the provi-52 sions of subdivision ten hereof shall apply.
53 (m) It shall ba_a_cond_ition precedent to the payment of compensation 54 for any such securities that such securities be surrendered to the su-l O
i p M'. "
,, '4
. . w , - ws:. , - ,
t
.. 9517--B S. 7784--E 15 A, 9517--B
~
thi form orsistent .
1 ,preme court r to such other entity, including the issuer's stock trans-
, 2 fer agent, as the supreme court may direct.
principal 3 6. Procedure for acquisition of LILCO assets. (a) If the authority Mns all 4 shall find it necessary or convenient to acquire any real - p*- m al se of the j 5 property of LILCO, (other than securities), whether for immediate or jury and , 6 future use, then the authority need not determine that sut.h property is nding the ' 7 required for puolic use, since the legi,slature already has made such Irv and 8 determination in this title which determination shall be binding for all dennetion 9 purposes. The authority need not publish <ny notice of its intention to a class 10 acquire such property or hold any public he., ring with respect thereto or chi civil 11 to the public use of such action.
bem+d a 12 (b) When any real property of LILCO wit %in this state is sought to be timletive 13 acquired by the exercise of the power of eminent domain, and after the 14 authority shall have entered into negotiations with LILCO for the pur-sr of all 15 chase of such property, the authority shall cause a survey and map to be
, 16 made thereof and shall cause such survey and map to be filed in its of-all LILCO i 17 fice and in the office of the county clerk in which such property is
- hi rea- l 18 located. There shall be annexed to such survey and reap a certificate
- ing enly l 19 - executed by the chief engineer of the authonity, or by such other of-3 20 'ficer or employee as may be designated by the board, stating that che ownir of 21 , property or interest therein described in such survey. and raap is neces-of the . 22 ,sary for its purposes. .., s.
, , 23 (c) Upon filing such survey and map, the atitherity shall petition a squately 24 special term of the supreme court in the judicial district in which the l
, 25 property is located for the acquisition of such property or interest un1 mem. 26 ,therein. Such petition shall describe the property being acquired, the rdjudi- 27.. valuation date, as determined by the authority, and such additional in-a common ! 28 formatio n as the authority may reasonably deem necessary to facilitate i 29 the process of condemnation and payment. The petition shall state that 4 3
a in the 30 the authority will elect whether or not to pay the amount of such award the er. 31 .when.,;it has been finally determined. In all other respects, such peti-s title, 31 ~li"U ^*I*all be xenerally t ri the form prescribed by the eminent domain 3
33 ' procedure law, so far as consistent herewith. Such pe.tition, together ;
ensation 34 with a notice of pendency of the proceeding, shall be filed in the- of- j of not. 35 .fice of the county clerk of the county in which the property is located j with the 36, and_shall be indexed and recorded as provided by law. A copy of such ;
ien ten 37 7 petition, together with a notice of the presentation thereof to such y rnd by 38 special term of the supreme court, shall b's served upon the owners of ,
sph (a) _ ' 39 such property as provided in the eminent domain procedure law, The tion, it 40 l authority may cause a duplicate original affidavit of the service 1
=ew- 41. thereof to be recorded in the books used for recording deeds in the of-
)*
sty days 42 l' ice of the county clerk of the county in which the property described
- 1. Upon 43 in such notice is located, and the recording of such af fidavit shall be
's stock 44 prima f acie evidence of due service thereof.
i shall 45' ,(d) Subsequent proceedings shall be conducted' generally in,the manner 1 e king 06."' & ascribed by the eminent domain procedure law except to the extent the
! 47~ pr'ovisions thereof are inconsistant with the provisions of this title,
, title j vant in 48, f.a whiTh case the provisions of this title shall control. ,
- hnreto. '9..y (erin . any. proceeding _ involving the_ valuation of LILCO property taken l t provi. 50'by tho' authority the suprema court shall ascertain and determine just 51" compensation for the property taken as of the valuation date, giving due ;
inution 52 . consideration to the applicable findings and determinations of the 53 c .Temislature set forth in subdivision one hereof. {
- hn zu.
54' ~ (f) Should LILCO's property be taken by the exercise of the power of 55 eminent domain and if LILCO shall have agreed upon the compensation to s
an,,
V s
S. 7784--B 16 A. 9517--B
,i 1 be paid therefor in settlement of the proceedin2, if, LILCO shall be en-
-3 2 titled to payment of the agreed or awarded compensation within one hun-3 dred eighty days af ter the date of the agreement upon the amount of the
' 4 compensation or of the entry of the award; together with interest upon 5 the amount of such compensation from the time of acquisition thereof by 6 the authority to the date of payment of such compensation; but such in-7 terest shall cease upon the service by the authority, upon the person or ,
8 corporation entitled thereto, of a fifteen days' notice that the [
-]g 9 authority is ready and willing to pay the amount of such compensation (*
$ 10 upon the presentation of proper proofs and vouchers. Such notice shall 1 P
11 be served personally or by registered mail and publication thereof shall i 12 be made at least once a week for three successive weeks in a daily 5= 13 newspaper of general circulation in the county in which such property or 14 any part thereof is located.
l 15 (g) Upon the entry of an award finally determining just compensation 7
f 16 for the property of LILCO, the authority shall have sixty days after
' 17 receipt of notice of entry of such award within which to elect to
- 18 proceed with the taking or to abandon such acquisition as provided in h 19 subdivision ten hereof. Notice of such election shall be served by the i 1~ 20 authority on the owners of such property in the manner described in p 21 paragraph (c) hereof. If the authority elects to proceed with the ac-x 22 quisition, it shall deposit with the supreme court in which the condes-23 nation proceeding was held an amount equal to the award within one hun-T 24 dred eighty days after receipt by the authority of notice of entry of 1 . 25 such award. Upon the making of such deposit, the authority shall notify i
- 26 LILCO in writina of such deposit. The sua so deposited shall be applied 27 as provided in the eminent domain procedure law. Upon makinz such depo-
- 28 sit and giving such notice to LILCO. title to all property described in
- 29 the notice of t akins shall inusediately vest in the autBetity and the
- - 30 authority shall have the immediate right thereto. The order J settina
" 31 forth the award, together with evidence from the clerk of the court of j 32 receipt of the amount of the award, shall be filed in the ofH M 4 the
= . 6_
33 county clerk of the county in which the property is located SH6 5 1411 he ,
- 34 indexed and recorded in the same manner as a notice of pettdancy- under r
.J7 i- 35 _the eminent domain procedure law. The owner orto' person in possession of the author.itF upon 36 such property shall deliver possession thereof 37 decand, and in caso possession is not delivered when demandG8.At demand
~'
l 38 is not convenient because of absence of the owner or inability to locate 39 or determine the owner, the authority may apply to- the court- without
" 40 notice for an order requiring the sheriff to put it into pastSAsian of
' 41 such real prope rty. Such an order ahall be executed as Lf ,it 1 rare an
'M 42 execution for the delivery _of the possession of the propett9 _ In the 43 event the authority elects to abandon the acquisition, tha -.altions of
~' 44 subdivision ten hereof shall apply. .,
45 7. At any time the authority and its duly authorized enehts dhd on-4 46 ployees may, on reasonable notice and durinz business hours. (ilL inter 47 upon any real property proposed to ba_ ecautred_ fo(the purpose 6;Lisakina 48 the surveys or maps sentioned in this sostion, or of makinJ L such other 49 surveys, inspections or examinations of real and persond<.. Stop4fty and 50 (ii) inspect and make copies of the books and rs=ords of tha issner of 51 such' securities, all as the authority may deem necessary or convenient 52 for the purposes of this title.
L 53 8. Upon the scauisition of all the outstanding shares si stock of a 54 corporate issuer representinz all the voting rights and equitt thereof, g; 55 the authority shall as soon as reasonably practicable take all steps
-g.
MM - ~ .
3 aA.
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Nbddh) D. ,,h
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.sy. - ,
. .c l
17 A. 9517--B
, p$ty..B S. 7784--B 1
necessary to assure that the rights and claims of all the holders of any bs en.
2 other stock and debt securities and all other creditors thereof are as t hun. 3 secure as they were immediately prior to the acquisition by the 4- of ths 4 authority.
Nothinz herein shall prohibit the authority from taking any debt
', t upon appropriate and prudent action to renegotiate and restructure such 5
roof by 6 or from purchasina the preferred stock and debt securities issued by
- ch in. such corporation at such prices as the authority may determine. The 8 authority may also exchanze its bonds for any outstanding preferred 7
' rson or .
at the ,
9 stock or debt securities with the consent of the holders of such nsation ) 10 preferred stock or debt securities.
- 9. As soon as practicable af ter the authority l'as acquired suf ficient i
7 shall 11 f shall 12 shares of LILCO stock to do so or after it has acquired all the property daily 13 of LILCO pursuant to this title, the authority shall forthwith close and
't erty or 14 decommission the Shoreham plant and shall investigate and develop alter-
' I nsation 15 native uses, if any, for such plant. in its sole discretion, that the 16 10. If the authority determines, after 17 total cost of acquisition will result in rates in excess of- the rates
.loct to 18 which would result from continued operation by LILCO, the authority
.dsd in 19 shall abandon the acquisition. In such event, the authority shall serve h I by the 20 notice of such abandonment (i) in the case of a stock acquisition, by
); . bed in 21 causina to be mailed by certified or registered mail a copy of such not-5 thi ac,.
3 '. condes. 22 ice to each former owner of stock es shown on>LILCO s stock transfer 23 books immediately prior to such acquisition at the address shown on such 24 stock transf er books and by causing to be published a copy of such not-2na hun.
25 ice in at least five successive issues of a daily newspaper of national stry of fx i i notify 26 circulation or (ii) in the case of an asset acquisition, in the same a petition for acquisition in applied manner as provided for the service of 27
/ :h dtpo.
28 paragraph (c) of subdivision six hereof. In addition, in the case of an ibed in 29 asset acquisition the authority shall file a copy of the notice of aban-and the donment with the county clerk of the county in which is located any real setting 30 in which 31 property that was taken and with the clerk of the supreme court ,
- court of 32 the proceeding was instituted.
nf the 11. The provisions with respect to the valuation of stock and property ,
33 shall be 34~ set forth in this secticds shall apply only to stock or property of y under 35 LILCO, as the case a 4 be, acquired by the authority by the exercise of nsion of 36 the power of eminent domain.
ty upon 1. The authority shall have the right to exer-
-r dwand 37 6 1020-1. Subsidiaries. or 38 cise and perform all or part of its powers and functions through one 39 more wholly owned subsidiaries by acquirint the voting shares thereof or
- o locate trustees, officers or 40 by resolution of the board directing any of its without to the business
- s ien of 41 employees to organize a subsidiary corporation pursuant the transporta-42 corporation law, thelaw. not-for-profit corporation law or i
kere an 1 .In the 43 tion corporations Such resolution shall prescribe the purpose for q ,gions of which such subsidiary corporation is to be formed.
44 45 2 The authority may t r ans f er to any subsidiary corporation any i and am- facilities in order to 46 moneys, preserty (real, personal or mixed) er 11' inter i 47 carry out _the purposes of this title. Each such subsidiery corporation sf hking
- h other f, 48 shall have J11 the orivileges, immunities, tax exemptions and other the same are not inconsistent dtty and 49 exemptions eof the authority to the extent was in-50 with the statute or statutes pursuant to which such subsidiary
- ssasr of h t
51 corporated provided, however, that in any event any such public subsidiary cor-service onvenient 52 poratiert shall be entitled to exemptions from the state 53 law and any regulation by, or the turisdiction of the public service to the extent tdet of a 54 commission, and the state environmental quality review act thircof, all steps
~
r .
. -.a.. .s A. 9517--B 18 .s 20 10:.
S. 7784--B .
of section one thousandatwentyas:ofLthis 1 provided in subdivision two 2 title _. Notes of the authority. 'Ihe authority shall have thel power t s 3 $ 1020-1.
4 and is hereby authorized from time to time to issue its negotiab ial code e no e conformity with applicable provisions of the uniform cotanerc notes by
- 5 in 6
for any corporate purpose and to refund from time to time any f nded have or have t
7 the issuance of new notes, whether the notes to be re u d notes or to 8 not matured. The authority may issue notes partly to refunthen outstanding and pa
) discharte other obligations authorized, sold, 9
~
10 corporate purpose of the authority. The notes may bein h eof the maysame manner as bond and delivered
[ 11 12
} executed resolutions authorizina notes of the authority ord any in issue t erprovis any 13 contain 14 any resolution or resolutions authorizing bonds of the authority or anyaut 15 i_s sue thereof, and the is authorized to include in any bonds._
16 cevenants or conditions which it 1. The authority shall'have power 5 1020-k. Bonds of the authority. l bonds
' 17 i l' code t
18 and is hereby authorized from time to time to issue its negotiab.e
('" conformity with applicable provisions ofincludinr the uniform coamerc without limitatio_n a 19 [in 20 for any purpose authorized by this title, lities deemed neces_-
1 to acquire any real or personal property or faci or 2noto6s-of -the 21 ja) (b) to pay interest on . bonds (d) p-22 sary by the authority.(c) to establish resaryse to secure such bonds such and' purpose notest-23 authority.
24-_or topurposes establish or authority maintain ble.<and (e) to
.25 as the maysuch deem other necessary funds or accounts orh desiraissuance for of such 26 pay all other expenses of the-authority incident to t e.
.a
'. 27 bonds or notes.
the
- 2. Except as may be~otherwise exprkssly Drovided by the lof authority'.
~
' the ben sensral obliteta h
' 28 bonds and notes of every issue = shallout of any'moneyswor revenues sub-29 of the authority,
_ 30 authority payable holders.;of particular bonds- or O-31 tect only to any agreements with the 7 . 32 notes, or any trustee therefor, pledtint~ L-
- any carticolar
-M moneys 7: or 4* 'it deems _
33 revenues._ d
-34 3. The authority shall have power from time: to times'wheneverto d, and may issue refun 35 _ refunding expedient, any other 36 whether the bonds to be refunded have or have not nature bonds partly to refund bonds then outstanding and partir for. Refunding bonds any b 37
,a 38 corporate purpose of the authority.
t as asy he agreedi s& .39 the bonds to be refunded, with such cash adjustmen s-with - the proceeds applie 40 or may be sold d. a c. v b
[ 41 provision for payment of the bonds to be refundepayable in annual d of insta11menG e6-as 42 4. Bonds may be issued.
.y 43 44 the bonds or both. Bonds shall be authorized by resolution of tive dates, bear in-45 times, not exceedina fifty years from their respections, be in sech form, .
2 i 46 terest at such rate or rates, be in such denom na ireaes,1be exe-3".~ 47 either coupon or registered, carry such registration privsuch manne to such
~
j 48 cuted in
- In 49 of America or by check at such place or places, and be subiect 50 terms of the resolution authorizins the of 51 the event that term bonds are issued.make such provisions desse neces-for the establishme
$2 same may 53 sinkinn funds for the payment thereof _as the authority mayor but notes may be sold a shall W 54 _sary or appropriate. Bonds 55 sale at such price or prices as the authority shall determine q
A psur ~
m- . . .
S. 7784--B 19 A. 9517--B A. 9517--B
% ; I not eiswfEthis 2 be sold by the authority 4t private sale unless such sale and terms.
thereof have been approved in writina by the state comptroller. Pendina 3 preparation of definitive bonds or notes, the authority may issue bonds thi pow g 4 r n tes in t E M rary form which shall be exchanged for bonds or notes rbli n3tes 5 in definitive form when available.
ircial code 6 5. Any resolution or resolutiens authorizing any bonds or any issue of gg s by 7 bonds 8 p ver may (a) delezate to an> officer or officers of the authority the ivn er h've to approve the issuance of bonds from time to time and to fix the 3tre er to 9 details of any such bonds or issues of bonds by an appropriate certifi-
~ any ether . 10 cate of such authorized officer or officers and (b) contain provisions,
- ed rold, 11 which shall be a part of the contract with the holders of the bonds to aiutirn or 12 be authorized as to: (1) pledninz or creatina a lien on all or any part creof ray 13 of the moneys, revenues or properties of the authority to secure the includ, in 14 payment of the bonds or of any particular issue of bonds or any portion ity er any 15 of any issue of bonds, subject to such agreements with bondholders as any torrs, 16 may then exist; iny bonds. 17 (ii) the rates, fees and other charaos to be charmed, and the amounts
.hayn power 18 to be raised in each year thereby, and the use and disposition- of the labin bonds 19 revenues:
srcial code 20 (iii) the settinz aside of reserves or sinking funds, and the regula-limitrtion 21 tion and disposition thereof:
22 seed e.ec*s. ! (iv) limitations on the rizht of the authority to restrict and reau-
.cf -the 23 late the use of any of its property:
-not W -(d) 24' (v) limitations on the purpose to which the proceeds of sale of any ch_-purpose i 25 issue of bonds then or thereafter to be issued may be applied:
,and (d) to l 26 (vi) limitati ns on the issuance of additional bonds, the terms upon n m 'af euch 27 which additional bonds may be issued and secured, and the refundina of 28 outstandina bonds:
.h*rityU the i 29 (vii) the procedure, if any, by which the terms of any contract with as 'ef the 30 bondholders may be amended, the amount or percentare of outstandina crity, sub. 31 b nds the holders of which must consent thereto, and the manner in which bond 7 or 32 such consent may be afven:
'I
- moneyi or , 33 (viii) defining the acts or osissions to act which shall constitute a
.g .. ,
~ ~ - ~ 34 ' default in the duties of the authority to holders of its oblimations and 4trktdeas '
35 providing the rimhts and remedies of such holders or of a trustee actina ner; bonds, 36 on their behalf in the event of a default; and 37 id e y iesue (ix) any other matters of like or different character, which in any -
m (ther 38 way may affect the security and protection of the bonds and the rights
- chana'd for
' 39 of the holders thereof.
be carred, 40 6. Notwithstanding any other provisions of this title, any such
,,, p t or 41 resolution or resolutions shall contain a covenant by the authority that t
g ..
42 it will at all times maintain rates, fees or charmes sufficient to pay,
,[ h m ters 43 and that any contracts entered into by the authority for the sale, 44
- 3. Wrd of transmission or distribution of electricity shall contain rates, fees or sucB' time or 45 charmes sufficient to pay, the costs of operation and maintenance of the
$w j
e farm, in. 46 facilities owned or operated by the authority, payments in lieu of 47 taxes, renewals, replacements and capital additions, the principal of
' ,,= bn exe. 48 and interest on any oblimations issued pursuant to such resolution as nited St~tes 49 the same severally become due and payable, and to establish or maintain et .sn cuch 50 any reserves or other funds or accounts required or established by or provide. In 51 pursuant to the terms of such resolution or resolutions.
erisina the 52 7. It is the intention of the leaislature that any pledme of moners,
'g,, ,,,e. og ;
53 revenues or property or of a revenue producina contract or contracts deman neces. 54 made by the authority shall be valid and bindina from the time when the
.c or: private 55 pledze is made: that the moneys, revenues or proceeds so pledmed and in but chall l
4 e e =
_ - _ _ _ 0
l A. 9517--B s.
i 20 S. 7784--B diately be subiect to the 1 at 2 E 1
thereafter received by the av.thority shall imme any physical delivery thereof or further 3 _ti 2 lien of such plodae withoutand that thekind any_ lien in of any tort.such plodaeorshall be valid 45and contract y bindiha y
7, 3 act:
4 saainst all parties havina claims ofirrespective of whether such parties. t by 6
, 5 otherwise saainst the authority d be 7 it 6 have notice thereof. Neither the resolution nor my other instrumen 8 9 at 5
7 which a h 8
9 recorded 8.
in order to perfect such pledze ornotes lien._Neither or be the trustees 10 nc 11 yl of bonds or notes shall be liable personally on the bonds orby reason of the is_- 12 bc 10 to any personal liability or accountability ar' '
11 subiect f 13 12 suanceThe thereof_.
authority shall have power out of any funds available there or 14 5
.'- 13 ^to9. purchase bonds or notes at such price or prices as it deems ll such bonds, 15 y 16 14 15 advisable.' The authority may hold, pladas. cancel or rese 17 t-subject to ezreements with bondholders. h i 18 cc
<g 16 17
- 10. All bonds, notes and other oh112ations issued to have all aut by.the the or ty uns 19 18 der the provisions of this title are hereby declaredincidents of nezotiable inst 20 p_
19 qualities and . 21 c.
3 20 laws of the state._ State and municipalities not liable on bonds or notes. no debt 22 [
21 5 1020-1. 23 a_
22 bonds, notes and other oblimations municipality, of the authority shall not be aand neither 24 thef state n
.7 23 of the state or of any l not. have the t
~,.,
24 municipality shall be-liable thereon. The authority shalthe revenues or f.the ~25 tarina 26 [ Erwr o power to pledas the credit, the revenues nor i 27 s b ,
25 and neither the credit, hall be, or shall 26 state or of any municipality,taxina power of the statenotes bonds, or of any municipality s 28 or other 29 j t
d 27 the be deemed to be, pledged to the payment of any 28 29 obligations of the authority. Each evidence of indebtedness of the shall contain 30 t 31 d, includina the bonds and notes of the authority, statement32of the pro
, 30 suthority.
m 31 a clear and explicit Any bonda or notes issued ! 33 i 32 9 1020-e. Leaal investments. in which all public officers and 34 j authority are-bereby made securities 35
- t 33 34 f>odies of this state -and all municipalities, all business, insurance insurance all_companies 36andt associations and other oorsons carryina on an ions 1
'35 banks, bankers, trust companies, savinas banks and savinas associatl 37 I 36 33 1 37 includina savinas and loan associations, buildina whatsoever 1 and loan_39.
associatio 1
sa 38 investment companies 40 c Sc_ s' 39 all trusts. estates and zuardianshipa and all other personsin bonds or other 41.
funds, includ-40 who are new or sav hereafter be authorised to invest -
42 t 41 obligations of the state. may properly and leaally investin d shall be their control,or43 .
42 ina capital 44 :
43 44 are received also hereby maae securities which may be deposited
- 45 with 46 3
- an 45 palities for anyytme for which the deposit o h i d 47 ,
y 46 tions of the stateDeposit is now or may hereafter be autcept or ze as ._and other-investment ! 48 of money e
47 5 1020-n. d 49 ,
48 moneys of the authority from whatever source derive , exor provided 50 in this forthwith in a bank or 49 wise authorized be 51 ,
50 urer of the authority and shall be d r -iteddesianated authority say by the authority. 52 53 ne 51 banks 52 withdrawn on the order of such persoir or persons as theof such moneys shall b 54 authorize. All deposits h t r. no 55 53 4- with section two thousand nine hundred twenty-five of this c ap e 1
54 comptroller and his leaally authorised representatives are 55 state i
s m=
' \
I
! S. 7784--B 21 A. 9517--B A. 9517--B' 1 authorized and empowered from time to time to examine the accounts and W et to the 2 books. of the authority, including its receipts, disbursements, con-er further 3 tracts, leases, sin W M , investments and any oder records and i bindihr as_ 4 papers relating to its financial standing; the authority shall not be e treet or
- n 5 required to pay a fee for any such examination.
such p*rties ,
"""* 7 tts bonds or notes, or any trustee therefor, as to the custody, collec-sion nv d be 8 tion, securing, investment ,and payment of any moneys of the authority 9 and of any moneys held in trust or otherwise for the payment of bonds or e cudna W 10 notes, and to carry out any such contract. Moneys held in trust or etes or M - 11 otherwise for the payment of bonds or notes or in any way to secure in of th, is-_ , , g 13 ance with section two thousand nine hundred twenty-five of this chapter, ablm thnrefor 14 and all banks and trust companies in the state are authorized to give n' it deems 15 such security for such deposits.
l such bonds, 16 3. Subject to agreements with noteholders and bondholders or any 17 tru'stee therefor, the authority shall prescribe a uniform system of ac-suthority un- 18 counts in accordance with generally accepted accounting principles.
M1 the 19 $ 1020-o. Agreement of the state. 1. The state of New York does hereby h, epplicable 20 -pledge to and agree with the holders of any obligations issued under 21 this title and the parties to any contracts with the authority hereunder
. TM 22 that the state will not limit or alter the rights hereby vested in the et b, A debt
,y -23 authority until such obligations together with the interest thereon are 24 fully met and discharged and/or such contracts are fully performed on a' t h-vn the -t- 25 the part of the authority, provided that nothing herein contained shall
- D" [,*, 26 preclude such limitation or alteration if and when adequate provision
' 27 shall be made by law for the protection of the holders of such obliga-i b,' nr shall 28 tiens of the authority., or those entering into such contracts with the
, er other .
29 authority. The authority as agent for the state is authorized to include "rdness of the 30 this pledge and agreement by the state in all agreements with the hol-shn11 contain 31 ders of such obligations and in all such contracts.
["d by th, 32 2. Nothing in this title shall be construed as diminishing or enlarg-33 ing any valid existing 71thts under any license heretofore issued pur-officers and 34 suant- to the provisions of the federal oower act, comoanies and 35 l' 1020-p. Exemption from taxation. 1. It is hereby found and declared busin c , all 36 that the operation of the authority is primarily for the benefit of the rssecietionsi 37 people of the state of New York, for the improvement of their health,
-- assncirtions1 38 welfare and prosperity, and is a public purpose, and the authority shall king bu9inessi 39 be regarded as performing an essential governmental function in carrying n whatroever,
_- 4 0 out-the provisions of this title, bonds or other ,
41 2. The authority shall be required to pay no taxes nor assessments funds, includ- ,
42 upon any of the property acquired or controlled by it or upon its activ-bnd, and notes 43 ities in the operation and maintenance thereof or upon income derived
-h and shall be 44 therefrom, provided that nothinn herein shall prevent the authority from kndallmunici. (
l 45 entering into agreements to make pavments in lieu of taxes with the gov-oth*r obliga.
T 46_ erning bodies of municipalities, as provided for in section one thousand 47 twenty-q f this title.
th*rity. I All 3. The securities and other obligations issued by the authority, their
. 48
- 49 transfer and the income therefrom shall, at all times , be- f ree f rom tar-M tr a 50 ation by the state or any municipality, except for estate and gift a bank or 11 b 51 taxes.
- 52 5 1020-c. Payments in lieu of taxes. 1. Each year after property hr may 53 theretofore owned by LILCO is acquired by the authority by any means sd in recordance ,
54 authorized by this title and, as a consequence, is removed from the tax a cypter. The 55 rolls, the authority shall make payments in lieu of taxes to municipali-k nt-tives are I
22 A. 9517--B
' S. 7784--B n 1
ties and school districts equal to the taxes and assessments which ifwould such g 2
have been received frcm year to year by each such jurisdiction 2 fa 3 acquisition had not occurred, except for such taxing jurisdictions which 3 "p in which case the in lieu of tax payments shall 4 tax the Shoreham plant, 4
.E 5 ja the first year after the acquisition be equal to one hundred parcer.t 5 m 6
of the taxes and assessments which would have been received by such tax- 6 E In each succeeding year such in lieu of tax payments
- 7 _in g .jurisdict ions . until such time as such payments equal 7 8 shall be decreased by ten which percent g -g p
would have been levied on such plant in a y 9 taxes and assessments 9 g t, 10 nonoperative state. in lieu of taxes for those 10 E 11 2. The authority shall also make payments if LILCO were to con- it g 12 taxes which would otherwise be imposed upon LILCO, 12 E s .
to sections one hundred eighty-six, one 13 tinue in operation, pursuant e
hundred eighty- 13 -
14 hundred eighty-six-a, one hundred eighty-six-b and one 14 e, 15 six-c of the tax law, paragraph (b) of subdivision four of sectionbyone a 15 E 16 hundred seventy-four of the navigation law, and any taxes imposed 16 E 17 city pursuant to the authorization granted by section twenty-b of the pj
,i 17 k 18 general city law. 18 St-
,c. 19 3. No municipality or governmental subdivision, including a school shall be liable to the authority or any 19 20 district or special district, 20 7 entity for a refund of property taxes originally assessed against 21 E N
21 other 22 the Shoreham plant. Any judicial determination that the Shoreham plant was excessive, unequal or unlawful for any of the years from 22 E y ~23 assessment nineteen hundred seventy-six to the effective date of this title shall 23 ~
- 24 a refund by any taxing jurisdiction of taxes previously 24" et
'# ~~
'25' iot result ~in to such Shoreham plant assessment. The' authority 25 w.
26 paid by LILCO pursuant by its predeces- 26 E q
27 shall discontinue and abandon all proceedings, brought of the taxes 27 5 which seek the repayment of all or part
~
28 ser in interest, assessed against the Shoreham plant.
28 29 rs
[
$ 1020-r. Repayment of state appropriations. All appropriations made f
29 30 _ state 30 E by the state to the authority shall be treated as advances by the 31 32 to the authority, and shall be repaid to it without interest either out provi-31 32
{
33 of the proceeds of bonds issued by the authority pursuant to the bonds bearing of 33 g,
' 34 sions of this title, or by the delivery of non-interest of such advancesi or out 34 g
~ 35-' the authority-to-the state for all or any partsuch times and on such condi- 33 7 36 of excess revenues of the authority, at 36 5 37_ tions as the state and the authority mutually may agree upon. applicable to authority; 37 E-38 9 1020-s. Public service law generally not 1. The rates, 33 39 inconsistent provisions in certain other acts superseded. 39 gj l
-40:' services and practices relating to the electricity generated by facilir not be subject to the l 40 E g
41 ties owned or operated by the authority shall juris; 41 {
-42' provisions of the public service law or to except regulation by, or the
~
to the extent (a) ar! 42 -E 43 diction of, the public service commission, 43 44 ticle seven of the public service law applies to the siting and operar defined therein, (b) 44 g, 45 tion of a maior utility transmission facility as 43 S,{
46 article eight of such law applies to the siting of a generating f acility for
- 46 47 as defined therein, and (c) section eighteen-a of such law provides 47 m 48 assessment for certain costs, property or operations.the authority of its 48 E to acqu obligations
- 2. The issuance by 49 p 49 to be " state action" 50 securities or assets of LILCO shall be deemed not review act, and 50 p]
51 . within the meaning of the state environmentaltocuality such acquisition or 51 at i
52 such act shall not be applicable in any respect 52 E
' 53 any action of the authority to effect such accuisition. 53 t -
54 55 vi-2
%;12
I f '.
. 9517--B
' S. 7784--B 23 A. 9517--B
.ich would
- if .such 1 l 1020-t. Authority not to construct or operate a nt. clear powered .
. ens which i 2 facility in the service area. In no event shall the authority construct sta shall ! 3 or operate a nuclear powered facility in the service area.
id pSrcznt e 4 $ 1020-u. Employees of the authority not subject to the public such tax _- 5 employees' fair employment act. All employees of the authority shall be x payments f 6 exempt from the provisions of the public employees' fair employment act ents equal 7 as set forth in article fourteen of the civil service law.
olant in a . 8 $ 1020-v. Equal employmeat opportunity and minority and women owned t 9 business enterprise programs. 1. All contracts entered into by the for those !, 10 authority pursuant to this title of whatever nature and all documents-re to con- l 11 soliciting bids or proposals therefor shall contain or make reference to y-six, one 12 the following provisions:
d eightyr 13 (a) The contractor will not discriminate against employees or appli-action one 14 cants for employment because of race, creed, color, national origin, ised by a 15 , sex, age, disability, or marital status, and will undertake or continue y-b of the 16 existing programs of affirmative action to ensure that minority group 17 _ persons and women are af forded equal opportunity without discrimination.
3 tg a school 8 18 Such programs shall include, but not be limited to, recruitment, em-
- y or any -19 ployment, iob assignment, promotion, upgrading, demotion, transfer, ud against 20 layoff, termination, rates of pay or other forms of compensation, and sham plant 21 selection for training and retraining, including apprenticeship and on- :
yners from -22. the-job training.
itle shall 23 (b) At the request of the authority, the contractor shall request each prsviously 240-employment agency,' labor union, or authorized representative of workers authority .
25 with which it has a collective bargaining or other agreement or under-s predsces- I 26 standing and which is involved in the performance of the contract with the taxes 27 the authority to furnish a written statement that such employment 28 agency, labor union or representativa shall not discriminate because of stions made 29 race, creed, color, national origin, sex, age, disability or marital ths state . 30 status and that such union or representative will cooperate in the im-aither out 31 plementation of the contractor's obligations hereunder.
l the provi- 32 (c) The contractor shall state, in all solicitations or advertisements ing bonds of f _ 33 .for employees placed by or on behalf of the contractor in - the perform- 2 iss, or out f -34 ance of the- contract with the authority that all qualified applicants such condi- 35 will be afforded equal employment opportunity without discrimination 36 because of race, creed, color, national origin, sex, age, disability or 3 authority 1 { 37 marital status.
The rates, j 38 (d) The contractor will include the provisions of paragraphs (a) d by facili- ._39.cthrough (c).of.this subdivision in every subcontract-or purchase order act to the i 40 -in such a manner that such provisions will be binding upon each subcon-r the juris- 41 tractor -or vendor as to its work in connection with the contract with snt (a) a r_- 42 the authority.
g rnd opera- 43 2. The authority shall establish measures, procedures and guidelines hnrain, (b) 44 to ensure that contractors and subcontractors undertake meaningful pro-iing facility 45 grams to employ and promote qualified minority group members and women.
'>rovidss for 46 Such procedures may require af ter notice in a bid solicitation, the sub-47 mission of a minority and women workforce utilization program prior to 3 ecquirs the 48 'the award of any contract, or at any time thereaf ter, and 'may require l eto action'f 49 the submission c,* compliance reports relating to the operation and in-view act, and 50 plementation of any ori-force utilization program adopted hereunder. The quisition or 51 authority may take appropriate action, including the impositions of 52 sanctions for non-compliance to effectuate the provisions of this sec-53 tion and shall be responsible fer monitoring compliance with this title.
54 3. In the performance of projects pursuant to this title, minority and 55 women-owned business enterprises shall be given the opportunity for
m-t-
- E S.
1 A. 9517--B !
24 1 cou S. 7784--B 2 5 shall establish quantifiable 3 exc 1 meaningful and participation. The authority 4 sar measures and procedures to secure meanins:ful participation 2 standard *: contracts and items of work for which minority and 5 g 3 and identify those and affirma. 0 M
.M 4 women-owned business enterprises may best bid to activelyparticipation in projects, 7 3.he so as 5
tively promote and assist their such enterprisesi 8 all 6 f acilitate the award of a f air share of contracts tothis title shall be construed 9 theto l Q 7 provided, however, that nothing in and 10 pg '
fi 8 limit the ability of the authority to assure that qualifed minorityparticipate 11 in the2 program women-owned business enterprises may mean any business I2 M P 9 10 purposes hereof, minority business enterprise shallfifty-one per centum owned 13by,g or in the 11 enterprise which is at least least fifty-one per centum of the -
10 1 12 case of a publicly owned business, atis owned by citizens or permanent resi- 15 cir 13 stock or other voting interest Asian. American Indian, Pacific 10 0
- - 14 dent aliens wno are Black, Hispanic. and such ownership interest is real, sub- II M 15 islander , or Alaskan native, independently control IO E 16 stantial and continuing and has the authority to least one yeari II E 2 to day business decisions of the entity forbusiness at enterprise 20 JL,3 17 .the day w 18 and women-ewned business enterprise shall mean anyor in the case of a pu. 21 0
" fifty-one per centum owned by,
[ 19 which is a- least at least fifty-one per centum of the stock to i
> 22 p]c
'l 20 blicly ovned business, voting interests of which is owned by citizens or permanent res -is 23 real, d_ig substan;
- 21 other- :.
24 sus 22 dent aliens who are women, and such ownership interestcontinuing p.,, has th 25 and
- ~23'tial-- and 26 pp 24 25 day to day business decisions of the entity for at least'one 27 8
year.The a,y,3 2
~ 26 ability of any minority business enterprise to bid on any contract.the29requirement ley 27 4. In order to implement to monitor contractors s,e3 28 tion, the authority shall establish procedureswith provisions i es - to hereof, provide 31 "3 assistan 32 n 29 compliance for anI 30 peting analified minority and women-owned business the enterpr scontracts 1*--
E 31 form 32- non-compliance, and take other appropriate measures business to improve enterprises to theser
' ~
33 cess ~ of
~ minority ~ and -women-owned %:
.I 34 contracts _.
Audit and annual reports. The accounts of the authority an- N l 35 6 1020-w. to'the supervision of the state comptroller and an 36 shall be subject performed by an independent certified accountant 3 2 37 nual audit shall be The authority shall submit 380 selected by the state division of the budget.
39 - annually to the governor, the state comptroller, the tesprary president d b
40 of the senate, the speaker of the assembly and the county executives anSuffolk" 85 and Nas 41 governing bodies of the counties of hundred *-.if 42 report pursuant to the provisions of section two thousand eightnine of thiss,t3chapter, 43 of title one of article authority shall cospir EE 44 verified by the chairman of the authority. Thetwo thousand eight hundred one, two 45 with the provisions of sections d d three of title -
46 thousand eight hundred two and two thousand eight hun re "If 47 one
~
of article nine of this chapter.1020-x. Authority subject to open meetings law. Th 48 49 bel subiect to the provisions of article seven of the public of ficers law 52 ~~'la
- 50 relating to the open meetings law.- venue. 1. Any action, suit IEL 51 5 1020-y. Court proceedinas; preferences
authority may be a party in which any E 52 or proceedina to which thethe validity of this title or the valuation the power of D 53 Question arises as to 54 stock or assets acquired by the authority by the exercise of in all 55 of eminent domain shall be preferred over all other civil causes .
l.
4 s
d p*8 ,
s 25 A. 9 517--B S. 7784--B A. 9517--B 1 courts of the state, except election matters, and shall be heard and 1 determined in preference to all other civil business pending therein,
. cu ntifiable r 3 except election matters, irrespective of position on the calendar. The prrticipation 4 same preference shall be granted upon application of counsel to the 3 eintrity and 5 authority in any action or proceeding question.ing the validity of this and effirmar 6 title or the valuation of stock or assets acquired by the authority by acts, so as t 7 the exercise of the power of eminent domain in which such counsel may be snterprisesi l 8 allowed to intervene. The venue of any action or proceeding questioning n construed to 9 the validity of this title shall be laid in the county in which the einority and 10 principal office of the authority is located.
n pregram. Fo_r ;
11 2. In the event any party shall appeal an award of compensation for a rny business { 12 the taking by the authority of stock or assets, such party shall post i by , or in the l 13 bond in such amount, if any, as the supreme court shall deem appropriate erntum of the ', 14 to adequately protect the interests of the other party under all the brman nt resir
~
15 circumstances.
idian, Pacific . 16 $ 1020-z. Corporate existence. The authority and its corporate ex-t is ru l, subs 17 istence shall continue until terminated by law, provided, however, that d+ntly control 18 no such law shall take effect so long as the authority shall have bonds, 1stst oni yearl 19 notes or other obligations outstanding, unless adequate provision has m enterprise 20 been made for the payment thereof.
e cess of a pu- 21 $ 1020-aa. Conflicts of interest. 1. If any member, officer or em-th, etock to 22 ployee of the authority shall have an interest, either direct or in-prrman*nt resi_r 23 -direct, in any contract to which the authority is, or is to be, a party, a r el, rubstan_- 24 such interest shall be disclosed to the authority in writing and shall g)ycntrolthe ' 25 -be set forth in the minutes of the' authority. The member, officer or em-onn y" rt 26 playee having such interest shall not participate in any action by the und to limit the 27 authority with respect to such contract.
y centracts 28 2. No member, officer or emplovee shall be deemed to have such an in-ves of this sec* 29 terest solely by reason of the ownership of two percent or less of the
. te r c*ntractors 30 securities of a corporation which is, or is to be, a party to a contract
.n obtMning comi 31 with the authority, including without limitation the holding company of
-prirm to D*TI 32 any banking institution in which the funds of the authority are, or are
.tsi sanctions for 33 to be , deposited or which is , or is to be , acting as trustee or paying improvn the ac- 34 agent under any bond or note resolution, trust indenture or similar in-priv s to these' 35' strument to which the authority is a party.
36 3. Nothing in this section shall be deemed or construed to limit the of th, authority 37 right of any member, officer or employee of the authority to acquire an
~oll r rnd an an! 38 interest in bonds or notes of the authority.
tifisd secountant 39 5 1020-bb. Authority subject to certain provisions contained in the grity shall subsit 40 state finance law, the public service law, the social services law and emporsry president '41 the general municipal law. All contracts of the authority shall be sub-ity exscutives and 42 ject to the provisions of the state finance law relating to contracts itsru, a detaile_d 43 made by the state. The authority shall also establish rules and regula-and eight hundred 44 tions with respect to providing to its residential gas, electric and ch r port shall be 45 steam utility customers those rights and protections provided in article 46 two and sections one hundred seventeen and one hundred eighteen of .the itv rh311 comp 1Y
.t hundred one, two 47 public service law and section one hundred thirty-one-s of the social
. red thrre of titl* 48 services law. 'Ite authority shall let contracts for construction or pur-49 chase of st:oplies, materials, or equipment pursuant to section one hun-h, ruth,rity shall 50 dred three and paragraph (e) of subdivision four of section one hundred sublic efficers law 51 twenty-w of the general municipal law.
52 l 1020-cc. Authority not to seek nor any subsidiary of the authority,
- 1. Any retion, sui _t 53 to apply for or accept preference hydroelectricity. The authority nor rty in which any 54 any subsidiary of the authority, shall not seek, apply for, nor accept er th, valuation of 55 hydroelectricity produced by the power authority of the state of New icis7 ef the power _
}civilceusesinall
- n - .
f" A. 9517--B i 26 S.
S. 7784--B ntained in and_ marketed subject to 1 of~
1 York 16theUSC federal Section preference 836(b)(1) clause andto dis-sec-co 2 tr~
2 the Niagara Redevelopment Act at he State of New York subject 3 3
tributed by the Power Authority of t i herein shall be construed 4 g it 4 tion ten hundred five of this chapter. Noth nginto agreements with public 5 in i to prohibit the authority from entering and/or distribution 6
~
, 5 6
bodies within its service territory for the wheeling
. The authority 7 th
- & i 7 ~of such hydroelectricity. II; disposition of interest. II 8 {
hl 8 ^l 1020-dd. Nine Mile Point its interest in the Nine Mile Point shall make every effort to conveythrough the sale of its interest in such 9 10 th 9
10 _nuclear generating facility York or to one or in any ac- 11 as p facility to the power authority of the state of Newprovided, however, that 12 4' 11 state of New 12 more of the co-tenants of such plant,by the power authority of the to 13 tr l 14 or 13 quisition of such interestby one or more of tne co-tenants, the authority shall 15 cc agreef the 14 York or j 15 remain t'esponsible for the purchase of such share ois required to purchase 16 wi unde 16 by such facility as it h rity. h 17 pr 4 . into by LILCO and obligating the aut oLiberal interpretation. This title, being 18 si necessary 17 9 1020-ee. inhabitants, shall be liberally con- 19 a 18 f2 19 prosperity of the the state and itshereof.
purposes 20 da W -
20 strued to effect Inconsistent provisions of other laws superseded.
h the provisions of Insofar 21 an f 21' l_ 1020-ff. 22 fc
} 22, any as the provisions of this title are of this title inconsistent wit shall be I 23 tt j
23 other Iaw or any part thereof, the provisions f 24 it 24 controlling. Severability. The provisions of this_ i title are to thereof severablei any l 25 pr l 25 $ 1020-z2 ? 26 ot and if any part or provision hereof, or the applicat onadtudged by any court of qt 27 competent or circumstance, shall be l
26 shall not af_- 28 sc 27 person lica.
t 28 jurisdiction fact, impair to be invalid or unenforceable, such judgmentor '
29 he 30 cc inva 29 l
30 tion of such provision to any other personprovision, person or circumstance shall have 31 pc 31 confinedinvolved in its operation to the in which such judgment in the controversy 32 pc l 32 iiirectly
- 33 pt j ..
! 34 ir 33 b_een rendered._2. Section one thousand five of such law is amended 35 or by a 34 $
undesignated paragraph to read as follows: such generating, 36 ce 35 36 The authority is further authorized to he construct service area of the Lons 37 c, j 37 transmission and related f as acilities the within authority, tin consultation with and upon authority, de ems _ 38 t!
i power authority, Long Island power 39 1:
38 ~ Island j such terms and conditions as the 40 p.
39 t
41 u 40 41 necessary or desirable.$ 3. The public service. law is amended by add , 42 a 42 four-b to read as follows: Notice to be given Long Island power local _ authority 43 t r, .
24-b. 1. Notwithstanding any inconsistent general, special orthe commission 44 o prior to 43 $
45 1 sha 44 increase. rule or rezilation to the contrary,l so request in any cases or 45 law or 46 a i
46 extent the Long Island rower authority shala gas or electric corporation operating 47 h relating to 47 class of cases, of the authority, give notice to the ratesi 48 1 48 within the service territoryof any filed statementrule 49 s autho_rity proposing or to to modify adopt oror increase 50 o 49 services, schedule of rates or any other ratingor service rules or regulatio 50 51 c amend any rate from any gas or elec- 52 c 51 Power 52 the commission shall have received such statementwithin the service 53 s territo provide.d, however, th4t in lieu 53 tric corporation jurisdiction:
54 e 54 '
authority subject to its 55 e I
m
'Q9 E a
- g. 9517--B A. 9517--B S. 7784--B 27 stainsd in 1 of giving such notice, the commission may direct that the gas or elec-rnd dis. 2 tric corporation give such notica to the authority.
-t to asc. 2. In any such case in which the authority shall file with the commis .
3
'construsii 4 sion a statement of intent to be a party, the authority shall have and ith public 5 in its discretion may exercise all the rights and privileges of a party.
stribution 6 3. For the purposes of this section, the term " authority" shall mean
, authority 7 the Long Island power authority, the term " commission" shall mean the 8 public service commission.
le Point II 9 6 4. Section seventy of such law, as amended by chapter eight hundred
. in such 1 10 thirteen of the laws of nineteen hundred seventy-one, is amended to read
.'s o t on g g, or_ 11 as follows:
Transfer of franchises or stocks. No gas corporation or elec-12 6 70.
b of New_
OU * '
11 #gr** to !
14 or any part of such franchise, works or system to any other person or r asnsreted 15 corporation or contract for the operation of its works and system, nts antered 16 without ,the written consent of the commission. The permission and ap-
.ary for the 17 proval of the commission, to the exercise of a franchise under section
, rally con.
18 sixty-eight of this chapter, or to the assignment, transfer or lease of
'19 a franchise under this section shall not be construed to revive or vali-20 date any lapsed or invalid franchise or to enlarge or add to the powers isd. Insofar 21 and privileges contained in the grant of any franchise or to waive any svisions o f_ . 22 . forfeiture. .No .such corporation shall.directly.or indirectly acquire -
- 1e shall be 23 the stock or bonds of any other corporation incorporated for, or engaged
.24. in, - the same or a: similar. business , in this: state or- any other state, or a ss.verablei 25 proposing to operate or operating under a franchise from the same or any sof to any 26 other municipality, neither shall any street railroad corporation ac-of compstent 27 quire the stock or bonds of any electric corporation, unless authorized
' hall not af. 28 so to do by the commission. Save where stock shall be transferred or the applica.
but shall be 29 held for the purpose of collateral security only with the consent of the 30 commission empowered by this chapter to give such consent, no stock cor-circumstance 31 poration of any description, domestic or foreign, other than a gas cor-shall have 32 poration or electric corporation or screet railroad corporation, shall cdding a new 33 purchase or acquire, take or hold, more than ten per centum of the vot-34 ing capital stock issued by any gas-corporation or electric-corporation -
h gennrating, 35 organized or existing under or by virtue of the laws of this state, ax-
, of ths Long 36 cept that a corporation now lawfully holding a majority of the voting with rad upon 37 capital stock of any gas corporation or electric corpo' ration may with tority, deems 38 the consent of the commission acquire and hold the remainder of the vot-39 ing capital stock of.such gas corporation or electric corporation or any setion twenty.
40 portion thereof. Provided, that with the consent of such commission and 41 upon and subject to such terms and conditions as such commission may fix 42 and impose, any such stock corporation may acquire, take and hold more prior to rate 43 than ten per centum of the voting capital stock of any gas corporation
-tal or local 44 or electric corporation, organized or existing under or by virtue of the
[shalltothe 45 laws of this state. No consent shall be given by the commission to the
_ any cases or 46 acquisition of any stock in accordance with-this section unless it shall tion op, rating Noth-47 have been shown that such acquisition is in the public interest.
Neico to th* 48 ing- herein contained shall be construed to prevent the holding of any ncrsess rates 1 49 stock heretofore lawfully acquired, nor to prevent, upon the surrender to rdopt or 50 or exchange of such stock pursuant to a reorganization plan, the pur-fivs drys after 51 chase, acquisition, taking or holding of a proportionate amount of stock Y "es er elec. 52 of any new corporation organized to take over, at foreclosure or other i "* Island Power 53 sale, the property of any corporation whose stock has been thus surrend-l
- hat in lieu -
54 ered or exchanged; but the proportion of the voting capital stock of the l 55 new corporation held by a stock corporation and acquired by it by any.
- P
(
A. 9517.--B 28 l S. 7784--B f the 1
' 2 1
such surrender or exchange of stock shall not without theheld consent by ito 2
cer. mission exceed the proportion of the voting capital stock Every contract, assignment, transfer or 3
4 3 in the former corporation. ,
for transfer of any stock by or through any person or corpora- 5 4 agreement 6 5 tion to any corporation, in violation of any provision of this chaptera, 7 i .,f 6 shall be void and of no effect, j
7 be made upon the books of any such gas corporation, e electric corpora- 89 Noorconsent i I ; 8 tion, or shall be recognized as effective for any purpos .otherwise required10under this 9 permission or approval stocks or bonds ,
necessary for the sale of the franchise. works, system, 11 j 10 i f the
, a gas or electric corporation to a duly constituted author ty o 12 11 by i 13 12 state.
13 $
5., Subdivision nine of section the6-178 ofnineteen laws of the election hundred law, las amended 14 15 14 by chapter four hundred thirty-four of ,
16 d l 15 16 eighty-four, is amended to read as follows:9. A petition lier than twelve for i an 17 independ 18 t
17 at the time-of a general election shall be filed not earlater than be filled at a spe-eleven 19 weeks 18 weeks and not 20
- d. tion for an independent nomination for an office tobe i
2 '-
19 20 cial election shall i forfiled not later
" trustee of ;than twelve 21 days f 3 - 22 21 issuancie ofa'procIamation.of such election. A petit onPower of Authority 23 shall
' ~~ r22- the Lont Island later than six weeks precedina the day of the election '
24 23 weeks and not 23 7
24 such 6. trusteest Paragraph (h) of subdivision two of section 6-142 ofread such 25 $ added 'to' aslaw is 26 27 26 relottered paragraph (i) and a new paragraph (h) is
28
.e
' 27 follows: ,
for the office of trustee of the Long Island power Authority, five 29 (h) 28 ! 30 29 hundredi 4
30 ~$ 7. Subdivision seven of section 14,-100 of such law, d d as' amended by l31 eighty-32 j chapter nine hundred fifty-five.of thelaws of nineteen hun re
- 31 '
33 three, is amended to read as follows:
~
-- 32 i 7.
" candidate" means an individual who seeks nomination d for for,at s'efection,
' 34-33 35 j
34 35 or election, to any public office or party position primary [or]2 or to be votWgen 36 37 Island Power Authority, whether or purposes not the public of this officespecifica 36 Long - 38 37 position has been d for 39
- i for elec-38 39
-not such individual is nominated or elected, an , subdivision, 40 41 an in l
40 41 tion, tion or election, to an office or position, ditures,ifgiven henecessary his con- l to42 43 qualify i
- 42 43 tion, sent or (2) received contributions or made expenfor election, any other 44 perso 45 44 with a view to bringing about his nomination for election,inorwhich such 1
45 to any of fice or position at any time whether in the year d l (
46 47 contributions or expenditures are madeisor at any other time amended:
l :
48 chapter nine of the laws of nineteen hundred seventy-eight, 49 to read as follows:
50 3. As used in this section the term " contributor" constitutedshall not includ 51 party committee supporting the candidate of such party or a 52 . committee 9. Long supporting the candidate of such custody of the party.state Island comp-power authority c 53 $
54 There is hereby established in the joint '
9 '
g..,-
.t I' I
- ? 84 '
~ - r"
-)
?
e A. 9517--B S. 7784--B 29 A. 9517--B
- consent of the 1 troller and the commissioner of taxation and finance a fund to be known
- ock hold by it 2 as the "Long Island power authority creation and contingency fund".
ant, transfer or 3 (b) Such fund shall consist of all monies collected or received by the rson or corpora. 4 commissioner'of taxation and finance on or after the effective date of I of this chapter 5 this act from payments made by LILCO pursuant to its obligations under assignment shall 6 sections one hundred eighty-six and one hundred eighty-six-a of the tax
.loctric corpora.
7 law, provided however such fund shall not exceed eleven million dollau ,
No consent, 8 and any other monies received from such payments shall be paid to the
- e. 9 state treasury.
section shall be 10 (c) The monies in this fund shall be appropriated to the authority to stocks or bonds 11 be used for costs and liabilities incurred by the authority in the. fur-authority of th.
12 therance of the provisions of this act.
Itw, as amended 13 (d) Notwithstanding the provisions of any general or special law, no 1
Tinstesn hundred 14 part of such fund shall be appropriated until a certificate of approval 15 shall have been issued by the director of the budget and a copy of such 16 certificate filed with the state comptroller, the chairman of the senate fice to be filled 17 finance committee, and the chairman of the essembly ways and means riier than twelve 18 committee. Such certificate may be amended from time to time, subject to election. A peti.
filled at a spe. 19 the approval of the director of the budget, and a copy of each such ays following the 20 amendment shall be filed with the -state comptroller, the chairman of the 21 senate finance committee, and the chairman of the assembly ways and for trustee of 22 means committee.
arlier than seven
'thw alretion of, . .23. .(e) The director.of the. budget..shall not. issue any. certificate.cf .ap- --
24 preval until the authority has entered into a written agreement with the 142 of such law is
- , .25. director of -the-budget providing-for repayment by~the-authority to the --
idtd to read as 2(., state of an amount equal to the. total amount expended by the state from 27 such appropriation, on terms to be determined by the director of the sr Authority, five 28 *udget, a and a copy oY such agreement shall be filed with the ' state coep-29 troller, the chairman of the senate finance committee and the chairman itw, es amended by 30 of the assembly ways and means committee.
n hundred eighty. 31 l 10. The sum of eleven million dollars ($11,000,000), or so much 32 thereof as may be necessary, is hereby appropriated to the Long Island
. tion for election, 33 power authority as an advance to be repaid from any moneys in the Long
,,be voted for at a _
- 34. Island. power authority creation and.continency fund in the state treas-
- for trustee of-the - - -- .35 .ury..in.the-general fund to the credit of-the state purposes account and ---
. offico or party 36 not otherwise appropriated for the purposes of administering the provi-37 sions of title one-a of article five of the public authorities law. No
- imo and whether or 38 moneys shall be available -for expenditure free this appropriation until purposts 'of this -
39 a certificate of approval has been issued by the director of the budget aminssion for elec- I 40 and a copy of such certificate or any amendment thereto has been filed (1) teken the ac. 41- with the state comptroller, the chairman of the senate finance committee election, or elec. - .
42 and the chairman of the assembly ways and means committee.
'es
- , given his- con. 5 11. This act shall take effect immediately; provided, however, the etko expenditures, 43 tien, or election, 44 provisions of sections one through ten of this act shall take effect year in which such 45 January fifteenth, nineteen hundred eighty-seven.
r tino; and
.w, es renumbered by oight, is amended shall not include a l g or a constituted entingency fund. (a) f the state comp--
1
!