Bill Text: NY A09650 | 2013-2014 | General Assembly | Introduced

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Bill Title: Abolishes the Hudson river-Black river regulating district and devolves such powers to the power authority of the state of New York.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2014-06-17 - ordered to third reading rules cal.372 [A09650 Detail]

Download: New_York-2013-A09650-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9650
                                 I N  A S S E M B L Y
                                     May 14, 2014
                                      ___________
       Introduced by M. of A. McDONALD -- read once and referred to the Commit-
         tee on Environmental Conservation
       AN ACT to amend the environmental conservation law, in relation to abol-
         ishing  the Hudson river-Black river regulating district and devolving
         such powers to the power authority of the state of New  York;  and  to
         repeal certain provisions of such law relating thereto
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The environmental conservation law is amended by  adding  a
    2  new section 15-2142 to read as follows:
    3  S 15-2142. HUDSON RIVER-BLACK RIVER REGULATING DISTRICT AND STATE OF NEW
    4               YORK  POWER  AUTHORITY:  OLD  BOARDS ABOLISHED; TRANSFER OF
    5               FUNCTIONS; PENDING ACTIONS AND PROCEEDINGS;  INTERPRETATION
    6               OF DOCUMENTS; EXISTING RIGHTS AND REMEDIES.
    7    1. EXCEPT AS HEREINAFTER PROVIDED, THE BOARD OF THE HUDSON RIVER-BLACK
    8  RIVER  REGULATING DISTRICT IS HEREBY ABOLISHED, AND ALL OF THE JURISDIC-
    9  TION, FUNCTIONS, POWERS, DUTIES AND OBLIGATIONS POSSESSED  OR  EXERCISED
   10  BY,  OR  FOR WHICH COMMITMENTS HAVE BEEN MADE BY, SUCH BOARDS, INCLUDING
   11  LANDS OR PROPERTY ACQUIRED, MONEYS OF THE BOARDS, AND ACTIONS  TAKEN  OR
   12  DETERMINATIONS  MADE BY SUCH BOARDS, ARE HEREBY TRANSFERRED TO, ASSIGNED
   13  TO AND DEVOLVED UPON THE POWER AUTHORITY OF THE STATE OF  NEW  YORK  AND
   14  ITS CHAIRMAN.
   15    2.  EXCEPT AS HEREINAFTER PROVIDED, THE CONTRACTS, BOOKS, MAPS, PLANS,
   16  PAPERS, RECORDS AND PROPERTY OF WHATEVER DESCRIPTION WITHIN  THE  JURIS-
   17  DICTION  OR UNDER THE CONTROL OF THE HUDSON RIVER-BLACK RIVER REGULATING
   18  DISTRICT, INCLUDING MONEYS APPROPRIATED AND AVAILABLE TO SUCH DISTRICTS,
   19  PERTAINING TO OR USED IN CONNECTION WITH THE EXERCISE OR PERFORMANCE  OF
   20  THE  FUNCTIONS, POWERS AND DUTIES HEREBY TRANSFERRED AND ASSIGNED, SHALL
   21  BE DELIVERED TO THE CHAIRMAN OF THE NEW YORK STATE POWER AUTHORITY,  WHO
   22  IS HEREBY AUTHORIZED TO TAKE POSSESSION THEREOF.
   23    3.  FOR  THE  PURPOSES OF SUCCESSION, THE FUNCTIONS, POWERS AND DUTIES
   24  TRANSFERRED, ASSIGNED TO, AND DEVOLVING UPON THE POWER  AUTHORITY  SHALL
   25  BE  DEEMED  TO  CONSTITUTE  A CONTINUATION OF SUCH FUNCTIONS, POWERS AND
   26  DUTIES EXERCISED BY THE HUDSON RIVER-BLACK  RIVER  REGULATING  DISTRICT,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01551-07-4
       A. 9650                             2
    1  AND  THE  ACTS,  ORDERS,  RULES,  REGULATIONS AND DETERMINATIONS OF SUCH
    2  DISTRICTS SHALL HAVE, AND CONTINUE WITH, THE SAME FORCE  AND  EFFECT  AS
    3  THOUGH DONE BY OR MADE BY THE POWER AUTHORITY.
    4    4.  ANY  BUSINESS  OR  MATTER HERETOFORE UNDERTAKEN OR COMMENCED BY OR
    5  BEFORE THE HUDSON RIVER-BLACK RIVER REGULATING DISTRICT, OR  ANY  ACTION
    6  OR  PROCEEDING HERETOFORE BROUGHT BY OR AGAINST SUCH DISTRICTS, PERTAIN-
    7  ING TO OR CONNECTED WITH THE FUNCTIONS, POWERS AND DUTIES HEREBY  TRANS-
    8  FERRED  AND ASSIGNED TO THE POWER AUTHORITY MAY BE CONDUCTED, COMPLETED,
    9  PROSECUTED AND DEFENDED BY AND IN THE NAME OF THE  POWER  AUTHORITY.  IN
   10  ALL SUCH ACTIONS AND PROCEEDINGS THE HUDSON RIVER-BLACK RIVER REGULATING
   11  DISTRICT, UPON APPLICATION TO THE COURT, MAY BE SUBSTITUTED AS A PARTY.
   12    5.  WHEN  THE HUDSON RIVER-BLACK RIVER REGULATING DISTRICT IS REFERRED
   13  TO OR DESIGNATED IN ANY LAW, CONTRACT OR  DOCUMENT,  SUCH  REFERENCE  OR
   14  DESIGNATION  SHALL BE DEEMED TO REFER TO AND INCLUDE THE POWER AUTHORITY
   15  SO FAR AS SUCH LAW, CONTRACT OR DOCUMENT PERTAINS TO MATTERS  WHICH  ARE
   16  WITHIN  ITS  JURISDICTION  BY  REASON OF SUCH TRANSFER AND ASSIGNMENT OF
   17  FUNCTIONS, POWERS AND DUTIES.
   18    6. NO COUNTY WITHIN THE HUDSON RIVER-BLACK RIVER  REGULATING  DISTRICT
   19  SHALL  BE LIABLE TO SUCH REGULATING DISTRICT FOR ANY TAX PAYMENTS, FEES,
   20  CHARGES AND/OR ASSESSMENTS.
   21    S  2.  Section  15-2137  of  the  environmental  conservation  law  is
   22  REPEALED.
   23    S  3.  Section  15-2139  of  the  environmental  conservation  law  is
   24  REPEALED.
   25    S  4.  Section  15-2141  of  the  environmental  conservation  law  is
   26  REPEALED.
   27    S  5.  This act shall take effect on the first of July next succeeding
   28  the date on which it shall have become a law;  provided,  however,  that
   29  effective immediately, the addition, amendment and/or repeal of any rule
   30  or regulation necessary for the implementation of this act on its effec-
   31  tive  date  is  authorized  and  directed to be made and completed on or
   32  before such effective date.