Suffolk County, NY
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Suffolk County Legislature 7-6-1983 by L.L. No. 22-1983 (Ch. 42 of the 1985 Code). Amendments noted where applicable. Uncodified sections of local laws amending these provisions are included at the end of this chapter.]
The Suffolk County Legislature does hereby find and determine that there may be inexpensive sources of electric power available in the near future to the County from the New York Power Authority and/or the state agencies, other municipal corporations or other public corporations and that there is a need for this Legislature to authorize the establishment of a public utility service on behalf of eligible electric consumers in Suffolk County so as to pass on a cost saving to those consumers.
Pursuant to Article 14-A of the General Municipal Law, the County hereby establishes a public utility service as such term is defined in § 360 of such article, which is authorized to establish, construct, lease, purchase, own, acquire, use and/or operate facilities within or without the territorial limits of the County for the purpose of furnishing to itself or for compensation to its inhabitants any service similar to that furnished by any public utility company specified in Article 4 of the Public Service Law.
[Amended 6-2-1998 by L.L. No. 26-1998]
To act on behalf of the County with respect to such service, there is hereby created the Suffolk County Electrical Agency, hereinafter called the "Agency." The Agency shall possess any and all powers granted to a public utility service pursuant to Article 14-A of the New York General Municipal Law and any other applicable provision of law.
The Agency shall have seven members to be appointed as follows:
One individual to be appointed by the County Executive.
One individual, to be appointed by the County Executive, who has a background in gas or electric generation, distribution or transmission.
One individual, to be appointed by the County Executive, to act as Chairman.
Four members, to be appointed by the County Legislature, representing each of the following groups:
Residential ratepayers.
Commercial and industrial ratepayers.
Consumer advocacy organizations.
Environmental organizations.
No person shall be appointed to a position under Subsection B of this section who is an elected official of the State of New York or of any political subdivision thereof; who is an appointee to a position of employment with the State of New York or any political subdivision thereof, including the County of Suffolk, which position does not require a competitive civil service examination for appointment thereto; or who is a party officer. For the purposes of this section, "party officer" shall mean one who holds any party position or any party office, whether by election, appointment or otherwise, excluding committeemen, and "party" shall mean any political organization which, at the last preceding election for Governor, polled at least 50,000 votes for its candidate for Governor.
Each of said appointments shall be for a two-year term.
Reasonable compensation shall be fixed by the County Legislature for such persons for the performance of their duties on behalf of the Agency. Such persons may be compensated by the County of Suffolk for not more than their actual and necessary expenses in attending meetings, including a mileage allowance for the use of their personal automobiles at the rate authorized for employees of the County. The Agency shall meet at the call of the Chairman. A quorum of four members shall be required for any action of the Agency, and such action shall require the affirmative vote of a majority of the members of the Agency.
[Amended 6-2-1998 by L.L. No. 26-1998]
The Agency, on behalf of the County of Suffolk, is hereby authorized to enter into agreements to purchase all available power from the New York Power Authority, the state, any state agency, the Long Island Power Authority, any other municipal corporation or other public corporation or any other available source at such price as may be negotiated by it and such other entity, not to exceed, however, the price thereof allowable by law.
[Amended 6-2-1998 by L.L. No. 26-1998]
The Agency is authorized from time to time, as it may deem appropriate, under such conditions as it may deem appropriate, to enter into agreements to lease or otherwise contract to use the electric transmission distribution system of the Long Island Lighting Company, hereinafter referred to as "LILCO," or any successor entity thereto, and of any other utilities as are necessary to deliver such electric service. The amount to be paid under such arrangement shall not exceed the cost incurred by LILCO or such other utility for transmitting the power purchased from the New York Power Authority or such other entity through the systems of such utilities, the costs of leasing such incidental connecting facilities and metering devices as may be required and related administrative costs. Such arrangement shall contain assurances that such power purchased by Suffolk County will be distributed to any eligible consumers of electricity in Suffolk County desiring such power, subject to the rules and regulations of LILCO relating to the extension of its system to consumers desiring electric service.
[Amended 6-2-1998 by L.L. No. 26-1998]
The Agency is hereby authorized to enter into an agreement(s) to sell the power it purchases from the New York Power Authority or other entity as authorized hereby to the eligible consumers of electricity in Suffolk County at a price not to exceed the cost of such electric power, the system leasing, operating, administrative and transmission costs relating to such power, including the cost of utilizing LILCO's billing and collection systems and the administrative costs that may be incurred by Suffolk County in the purchase and sale of such power, but in no case shall the price to the consumer provide for a profit to Suffolk County. It is contemplated that the County's rates will be fixed in tariff proceedings before the Public Service Commission, in which both the County and LILCO will participate.
[Amended 6-2-1998 by L.L. No. 26-1998]
It is estimated that the rates, as fixed by the Public Service Commission for the electric service to be furnished to eligible consumers as set forth in § 42-6, will be sufficient to reimburse the Agency for all of its costs in furnishing such electric service and that, accordingly, the operation of this utility service will be at no net cost to the Agency.
This chapter shall not take effect unless and until approved by a majority of the electors voting at the next general election of Suffolk County, to be held November 8, 1983,[1] and in such respect, the Clerk of the Legislature, in conjunction with the County Attorney, shall arrange for the publication hereof and the submittal of a proposition embodying the terms of this chapter at such general election, all in the manner provided for in Subdivision 5 of § 360 of the General Municipal Law. This chapter shall in no way be construed as a limitation on the power of the County of Suffolk to exercise the right of eminent domain in connection with the acquisition of the plant, transmission or distribution sources of LILCO or any other utility as may be authorized by subsequent legislation and subject to a subsequent mandatory referendum of the voters of Suffolk County.
Editor's Note: Local Law No. 22-1983 was approved at referendum 11-8-1983.