§ 1020-S — Public service law generally not applicable to authority; inconsistent provisions in certain other acts superseded

* § 1020-s. Public service law generally not applicable to authority;\ninconsistent provisions in certain other acts superseded. * 1. The\nrates, services and practices relating to the electricity generated by\nfacilities owned or operated by the authority shall not be subject to\nthe provisions of the public service law or to regulation by, or the\njurisdiction of, the public service commission, except to the extent (a)\narticle seven of the public service law applies to the siting and\noperation of a major utility transmission facility as defined therein,\n(b) article VIII of the public service law applies to the siting and\noperation of a major electric generation facility or a major electric\ntransmission facility as defined therein, (c) article ten of such law\napplies to the siting of a generating facility as defined therein, (d)\nsection eighteen-a of such law provides for assessment for certain\ncosts, property or operations, (e) to the extent that the department of\npublic service reviews and makes recommendations with respect to the\noperations and provision of services of, and rates and budgets\nestablished by, the authority pursuant to section three-b of such law,\n(f) that section seventy-four of the public service law applies to\nqualified energy storage systems within the authority's jurisdiction,\nand (g) that section seventy-four-b of the public service law applies to\nLong Island community choice aggregation programs.\n * NB Effective until December 31, 2040\n * 1. The rates, services and practices relating to the electricity\ngenerated by facilities owned or operated by the authority shall not be\nsubject to the provisions of the public service law or to regulation by,\nor the jurisdiction of, the public service commission, except to the\nextent (a) article seven of the public service law applies to the siting\nand operation of a major utility transmission facility as defined\ntherein, (b) article ten of such law applies to the siting of a\ngenerating facility as defined therein, (c) section eighteen-a of such\nlaw provides for assessment for certain costs, property or operations,\n(d) to the extent that the department of public service reviews and\nmakes recommendations with respect to the operations and provision of\nservices of, and rates and budgets established by, the authority\npursuant to section three-b of such law, (e) that section seventy-four\nof the public service law applies to qualified energy storage systems\nwithin the authority's jurisdiction, and (f) that section seventy-four-b\nof the public service law applies to Long Island community choice\naggregation programs.\n * NB Effective December 31, 2040\n 2. The issuance by the authority of its obligations to acquire the\nsecurities or assets of LILCO shall be deemed not to be "state action"\nwithin the meaning of the state environmental quality review act, and\nsuch act shall not be applicable in any respect to such acquisition or\nany action of the authority to effect such acquisition.\n 3. In the event that a comprehensive and regular management and\noperations audit, as provided by subdivision (bb) of section one\nthousand twenty-f of this article, indicates a finding of fraud, abuse,\nor mismanagement by a service provider of the authority, and upon a\nfinding by the public service commission that reasonable cause exists\nfor the basis of such indication, the public service commission may\norder that any recommendations contained in the regular management and\noperations audit be implemented. The public service commission may also\nprovide in their order, the date in which any recommendation must be\nfully implemented. Failure to comply with any such order can result in\nthe imposition of a civil penalty by the public service commission\nagainst the service provider or revocation of the service provider's\nauthority to operate within the state.\n * NB There are 2 § 1020-s's\n