ENERGY COMMITTEE UPDATE - NEXT MEETING
Legislative Update, Article X, Next meeting
The Governor has acted on a variety of bills that have an impact on
the Energy industry. Below is a short list of bills that have been acted
on already - or will be over the next 30 days.
Also included is a summation of Senator James Wright's bill to extend
Article X of the Public Service Law. That bill passed only the Senate
Petroleum Retail Divorcement. Senate reprint 21000, originally
S. 5618-A (LaValle) / A. 6942-D. Places geographic limitations on the
operation of retail service stations of a franchisor of certain refiners
or producers without prior consent of such franchised dealers. Also
known as retail divorcement. Three year sunset. Passed the Senate on
June 20, amended on third reading to concur with Senate amendments and
re-passed Assembly on June 25. The Business Council had issued a memo
in opposition. The Business Council urged a gubernatorial veto. The
bill was vetoed on December 20, 2002. It was veto #32.
"The Energy Consumer Protection Act of 2002". S.6778-B
(Wright) / A,9878-B (Tonko). Places ESCOs under HEFPA. Allows ESCOs
to tell IOUs to terminate services under certain conditions for for
certain customers. Signed by the Governor on December 20, 2002
as Chapter 686 of the Laws of 2002.
"Motor Fuel Marketing Practices Act". Also know as
below cost sales. S. 4522-B (Nozzolio) / A. 1626-C (Tonko). Establishes
a retail sales system under which the sale of petroleum fuels are regulated
along with a correlating penalty system. Three year sunset. Passed Senate
on June 20; passed Assembly on June 25. It was delivered to the
Governor on December 30, 2002.
"The New York State Rail Infrastructure Investment Act of 2002".
S. 7602 (Stafford) / A. 11680 (Tokasz).The package was a top priority
of The Business Council, the state's railroad and the manufacturing/industrial/energy
sectors that depend on rail for service, commodity delivery (such as
coal) and transportation. It was passed in the Senate on June 20 and
the Assembly on June 25. It was sent to the Governor on December
NOTE: According to Article IV, Section 7 of the State
Constitution; "No bill shall become a law after the final adjournment
of the legislature, unless approved by the governor within thirty days
after such adjournment."
Article X Extension. S. 7597 (Wright). Senate Article X extender;
no Assembly companion. A clear extender of Article X for 5 years. Extends
from January 1, 2003 until July 1, 2011, the expiration of article 6
of the energy law providing for state energy planning; extends from
January 1, 2003 until July 1, 2007, the expiration of article 10 of
the public service law providing for the siting of major electric generating
facilities and related provisions of law. Passed Senate on December
17, 2002; Referred to Assembly Energy. Without passage by of an
agreed upon bill by both House or the passage of extension legislation
by Assembly (S.7597), the State's "Siting Law" effectively
ends December 31, 2002 (tonight at midnight). However, all of the projects
already in the application phase will be governed by the Article X law.
The latest New York Article X Case
TransGas Energy Systems, LLC filed its application for an 1100 Megawatt,
natural gas-fired, combined cycle plant in Greenpoint, Williamsburg,
Brooklyn on December 24, 2002. This project will be governed by the
Article X process since it was filed prior to the expiration of the