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 May 18, 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
Green check means up to date. Up to date

Accessed:
May 18, 2024

Last modified:
Sep. 22, 2014

§ 1020-A’s source at nysenate​.gov

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