New York Public Authorities Law Section 1020-G - Powers to provide and maintain generating, transmission and resource recovery waste to energy facilities.

1020-g. Powers to provide and maintain generating, transmission and resource recovery waste to energy facilities. Without limiting the generality of the powers conferred upon the authority by section one thousand twenty-f of this title, the authority shall have the specific power:

(a) Subject to the provisions of subdivision one of section ten hundred twenty-s of this title, to acquire, construct, improve, rehabilitate, maintain and operate such generating, transmission and related facilities as the authority deems necessary or desirable to maintain an adequate and dependable supply of gas and electric power within the service area;

(b) Subject to the provisions of subdivision one of section ten hundred twenty-s of this title, to acquire, construct, improve, rehabilitate, maintain and operate such hydroelectric or energy storage projects within the state as it deems necessary or desirable to contribute to the adequacy, economy and reliability of the supply of electric power and energy or to conserve fuel;

(c) Subject to the provisions of subdivision one of section ten hundred twenty-s of this title, to determine the location, type, size, construction, lease, purchase, ownership, acquisition, use and operation of any generating, transmission or other related facility, provided, however, that in making such determinations relating to electric power facilities the authority shall give primary consideration to the construction of energy efficient facilities, energy conservation, load management programs, and cogeneration in the service area;

(d) To proceed with the physical construction or completion of any generating, transmission or related facility;

(e) To apply to the appropriate agencies and officials of the federal and state governments, for such licenses, permits or approval of its plans or projects as it may deem necessary or advisable, and to accept such licenses, permits or approvals as may be tendered to it by such agencies or officials, upon such terms and conditions as it may deem appropriate;

(f) To institute suit, or to apply to any legislative body for legislation, or to take such other action as it may deem necessary or advisable in the furtherance of the purposes of this title and for the protection of its rights, if for any reason the authority shall fail to secure any such license, permit or approval as it may deem necessary or advisable;

(g) To study means of maintaining the customer base in, and attracting commerce and industry to the service area;

(h) To implement programs and policies designed to provide for the interconnection of: (i) (A) solar electric generating equipment owned or operated by residential customers, (B) farm waste electric generating equipment owned or operated by customer-generators, (C) solar electric generating equipment owned or operated by non-residential customers, (D) micro-combined heat and power generating equipment owned, leased or operated by residential customers, (E) fuel cell electric generating equipment owned, leased or operated by residential customers, and (F) micro-hydroelectric generating equipment owned, leased or operated by customer-generators and for net energy metering consistent with section sixty-six-j of the public service law, to increase the efficiency of energy end use, to shift demand from periods of high demand to periods of low demand and to facilitate the development of cogeneration; and (ii) wind electric generating equipment owned or operated by customer-generators and for net energy metering consistent with section sixty-six-l of the public service law.

(i) To develop, with public participation, a comprehensive least-cost plan which shall consider practical and economical use of conservation, renewable resources, and cogeneration for providing service to its customers;

(j) To cooperate with and to enter into contractual arrangements with private utility companies or public entities:

(i) with respect to the construction and operation of facilities by the authority and the sale of all or part of the output therefrom;

(ii) with respect to the construction, completion, acquisition, ownership and/or operation of generating facilities, fuel, docks, sidings, loading or unloading equipment, storage facilities and other subsidiary facilities and the disposition of the output of such generating facilities; and

(iii) with respect to the construction, acquisition, ownership, operation and/or use of transmission facilities;

(k) To cooperate with and to enter into contractual arrangements with municipalities with respect to the construction, improvement, rehabilitation, ownership and/or operation of generating facilities;

(l) To cooperate with and to enter into contractual arrangements with the New York state energy research and development authority in connection with the planning, siting, development, construction, operation and maintenance of generating facilities of the authority utilizing new energy technologies;

(m) Subject to the provisions of section ten hundred twenty-aa of this title, to construct, maintain and operate resource recovery waste to energy facilities; and

(n) After the establishment of Long Island Power Authority (LIPA) and the commencement of its function as a utility, LIPA shall acquire from LILCO all franchise and utility service responsibilities for all ultimate consumers of gas and electricity within LILCO's former service territory, including the responsibility to provide safe and adequate service.


Last modified: February 3, 2019