N.Y. Public Authorities Law Section 1020-S
Public service law generally not applicable to authority

  • inconsistent provisions in certain other acts superseded

* 1. The rates, services and practices relating to the electricity generated by facilities owned or operated by the authority shall not be subject to the provisions of the public service law or to regulation by, or the jurisdiction of, the public service commission, except to the extent (a) article seven of the public service law applies to the siting and operation of a major utility transmission facility as defined therein, (b) article VIII of the public service law applies to the siting and operation of a major electric generation facility or a major electric transmission facility as defined therein, (c) article ten of such law applies to the siting of a generating facility as defined therein, (d) section eighteen-a of such law provides for assessment for certain costs, property or operations, (e) to the extent that the department of public service reviews and makes recommendations with respect to the operations and provision of services of, and rates and budgets established by, the authority pursuant to section three-b of such law, (f) that Public Service Law § 74 (Energy storage deployment policy)section seventy-four of the public service law applies to qualified energy storage systems within the authority’s jurisdiction, and

(g)

that Public Service Law § 74-B (Long Island community choice aggregation programs)section seventy-four-b of the public service law applies to Long Island community choice aggregation programs. * NB Effective until December 31, 2040 * 1. The rates, services and practices relating to the electricity generated by facilities owned or operated by the authority shall not be subject to the provisions of the public service law or to regulation by, or the jurisdiction of, the public service commission, except to the extent (a) article seven of the public service law applies to the siting and operation of a major utility transmission facility as defined therein, (b) article ten of such law applies to the siting of a generating facility as defined therein, (c) section eighteen-a of such law provides for assessment for certain costs, property or operations, (d) to the extent that the department of public service reviews and makes recommendations with respect to the operations and provision of services of, and rates and budgets established by, the authority pursuant to section three-b of such law, (e) that Public Service Law § 74 (Energy storage deployment policy)section seventy-four of the public service law applies to qualified energy storage systems within the authority’s jurisdiction, and

(f)

that Public Service Law § 74-B (Long Island community choice aggregation programs)section seventy-four-b of the public service law applies to Long Island community choice aggregation programs. * NB Effective December 31, 2040 2. The issuance by the authority of its obligations to acquire the securities or assets of LILCO shall be deemed not to be “state action” within the meaning of the state environmental quality review act, and such act shall not be applicable in any respect to such acquisition or any action of the authority to effect such acquisition.

3.

In the event that a comprehensive and regular management and operations audit, as provided by subdivision (bb) of § 1020-F (General powers of the authority)section one thousand twenty-f of this article, indicates a finding of fraud, abuse, or mismanagement by a service provider of the authority, and upon a finding by the public service commission that reasonable cause exists for the basis of such indication, the public service commission may order that any recommendations contained in the regular management and operations audit be implemented. The public service commission may also provide in their order, the date in which any recommendation must be fully implemented. Failure to comply with any such order can result in the imposition of a civil penalty by the public service commission against the service provider or revocation of the service provider’s authority to operate within the state. * NB There are 2 § 1020-s’s

Source: Section 1020-S — Public service law generally not applicable to authority; inconsistent provisions in certain other acts superseded, https://www.­nysenate.­gov/legislation/laws/PBA/1020-S (updated May 3, 2024; accessed Jun. 15, 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:
Jun. 15, 2024

Last modified:
May 3, 2024

§ 1020-S’s source at nysenate​.gov

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