N.Y. Public Authorities Law Section 1020-A
Declaration of legislative findings and declarations


The legislature hereby finds and declares that: Constantly escalating and excessive costs of electricity in the counties of Suffolk and Nassau and that portion of the county of Queens served by the Long Island lighting company (hereinafter referred to as the “service area”) pose a serious threat to the economic well-being, health and safety of the residents of and the commerce and industry in the service area. There is a lack of confidence that the needs of the residents and of commerce and industry in the service area for electricity can be supplied in a reliable, efficient and economic manner by the Long Island lighting company (hereinafter referred to as “LILCO”). Such excessive costs and lack of confidence have deterred commerce and industry from locating in the service area and have caused existing commerce and industry to consider seriously moving out of the service area. The decisions by LILCO to commence construction of the Shoreham nuclear power plant and thereafter to continue such construction were imprudent. The investment of LILCO in the Shoreham nuclear power plant has created significant rate increases, straining the economic capabilities of ratepayers in the service area, and likely will require further substantial rate increases if such plant is placed in service. It is uncertain whether the Shoreham nuclear plant ever will go into commercial service, or if it does whether its reliability, cost of construction, operation and maintenance will be such as to provide sufficient, reliable and economic electric service to ratepayers in the service area. The very substantial financial strain of the investment in the Shoreham nuclear plant has required LILCO to suspend dividends on its common and preferred stock, severely threatening the continued economic viability of LILCO. For all the above reasons, a situation threatening the economy, health and safety exists in the service area. Dealing with such a situation in an effective manner, assuring the provision of an adequate supply of electricity in a reliable, efficient and economic manner, and retaining existing commerce and industry in and attracting new commerce and industry to the service area, in which a substantial portion of the state’s population resides and which encompasses a substantial portion of the state’s commerce and industry, are hereby expressly determined to be matters of state concern within the meaning of paragraph three of subdivision (a) of section three of article nine of the state constitution. Such matters of state concern best can be dealt with by replacing such investor owned utility with a publicly owned power authority. Such an authority can best accomplish the purposes and objectives of this title by implementing, if it then appears appropriate, the results of negotiations between the state and LILCO. In such circumstances, such an authority will provide safe and adequate service at rates which will be lower than the rates which would otherwise result and will facilitate the shifting of investment into more beneficial energy demand/energy supply management alternatives, realizing savings for the ratepayers and taxpayers in the service area and otherwise restoring the confidence and protecting the interests of ratepayers and the economy in the service area. Moreover, in such circumstances the replacement of such investor owned utilities by such an authority will result in an improved system and reduction of future costs and a safer, more efficient, reliable and economical supply of electric energy. The legislature further finds that such an authority shall utilize to the fullest extent practicable, all economical means of conservation, and technologies that rely on renewable energy resources, cogeneration and improvements in energy efficiency which will benefit the interests of the ratepayers of the service area. * NB There are 2 § 1020-a’s

Source: Section 1020-A — Declaration of legislative findings and declarations, https://www.­nysenate.­gov/legislation/laws/PBA/1020-A (updated Sep. 22, 2014; accessed Oct. 26, 2024).

1020
Short title
1020‑A
Declaration of legislative findings and declarations
1020‑AA
Conflicts of interest
1020‑B
Definitions
1020‑BB
Exculpation
1020‑C
Long Island power authority
1020‑CC
Authority subject to certain provisions contained in the state finance law, the public service law, the social services law and the gener...
1020‑D
Board of trustees
1020‑DD
Authority not to seek nor any subsidiary of the authority, to apply for or accept preference hydroelectricity
1020‑E
Officers and employees
1020‑EE
Nine Mile Point II
1020‑F
General powers of the authority
1020‑FF
Rates charged to veterans’ organizations
1020‑G
Powers to provide and maintain generating, transmission and resource recovery waste to energy facilities
1020‑GG
Energy plan
1020‑H
Acquisition of property, including the exercise of the power of eminent domain
1020‑HH
Green jobs-green New York on-bill recovery
1020‑I
Subsidiaries
1020‑II
Public notice before approval of utility transmission facilities
1020‑J
Notes of the authority
1020‑JJ
Energy storage deployment policy
1020‑K
Bonds of the authority
1020‑KK
Semi-annual expenditure and lobbying report
1020‑L
State and municipalities not liable on bonds or notes
1020‑LL
Pilot thermal energy network projects
1020‑M
Legal investments
1020‑MM
Prioritization of emergency services
1020‑N
Deposit and investment of moneys of the authority
1020‑O
Agreement of the state
1020‑P
Exemption from taxation
1020‑Q
Payments in lieu of taxes
1020‑R
Repayment of state appropriations
1020‑S
Public service law generally not applicable to authority
1020‑T
Authority not to construct or operate a nuclear powered facility in the service area
1020‑U
Employees of the authority not subject to the public employees’ fair employment act
1020‑V
Equal employment opportunity and minority and women owned business enterprise programs
1020‑W
Audit and annual reports
1020‑X
Authority subject to open meetings law
1020‑XX
Liberal interpretation
1020‑Y
Court proceedings
1020‑YY
Severability
1020‑Z
Corporate existence
1020‑ZZ
Inconsistent provisions of other laws superseded

Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 1020-A’s source at nysenate​.gov

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