N.Y. Public Authorities Law § 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.