§ 1021-D — Powers and duties of the authority

§ 1021-d. Powers and duties of the authority. The powers conferred by\nthis title shall be exercised by the directors, subject to the terms of\nthis title. In the exercise of those powers, either directly or through\nits officers and employees, the directors may do the following things,\namong others, and the following list of powers shall not be deemed\ncomplete or exclusive, or to deny the existence of other powers, whether\nsimilar or different, so long as they are reasonably necessary for\naccomplishing the purposes declared and indicated in this title:\n 1. To make and alter by-laws for the regulation of its affairs and\nconduct of its activities, to schedule annual, regular and special\nmeetings of the directors, as the conduct of the business of the\nauthority may warrant, and to adopt and amend an official seal;\n 2. To develop, acquire, construct, reconstruct, rehabilitate and\nimprove facilities for the distribution of electric power or any\nconnected service;\n 3. To determine the location, type, size, construction, lease,\npurchase, ownership, acquisition, use and operation of any facilities or\nother structure or property, within or without the service area;\n 4. To investigate, implement and integrate, to the fullest extent\npracticable and economically feasible, such resource conservation and\nenergy efficiency measures and equipment intended to reduce power demand\nand usage, utilize green technologies, alternative and renewable fuels,\nnet metering and demand response programs, all as integral elements in\nits investments in new equipment for distribution of power, and in its\nmarketing and sale of electricity to consumers;\n 5. To acquire on behalf of and in the name of the authority, whether\nby agreement with and purchase from the owner or owners, or by\narbitration, or within the service area by eminent domain, pursuant to\nthe procedures set forth in the eminent domain procedure law, or by\nlease, the whole or any part of any existing facilities or of any other\nproperty to be used in connection with power distribution by the\nauthority as set out in this title; provided, however, that the\nauthority shall not acquire real property of a municipality or a\npolitical subdivision of the state unless such municipality or political\nsubdivision shall consent thereto; and provided further that the\nauthority shall not acquire by the exercise of eminent domain any\ntransmission or generation facilities; and provided further that the\nauthority shall not acquire by the exercise of eminent domain any\nfacilities for distribution operating at a voltage in excess of\ntwenty-two thousand volts from any person, corporation or association,\npublic or private, engaged in the business of distribution and sale of\nelectricity to ultimate customers unless the authority is unable to\nacquire by contract with the owners or operators thereof, the right to\nuse such facilities on just, reasonable and non-discriminatory terms. In\nthe exercise of the power of eminent domain, as provided in this\nsubdivision, the property being acquired shall be deemed, when so\ndetermined by the authority, to be for a public use;\n 6. To distribute electric power and any connected services within the\nservice area, to fix rates and charges for the furnishing or rendition\nof electric power or of any connected service, and to collect revenues.\nProvided however, that prior to the first sale of electric power or any\nconnected service, the authority shall promulgate regulations granting\nto customers the protections afforded by article two of the public\nservice law and section one hundred thirty-one-s of the social services\nlaw;\n 7. To maintain, operate and manage, and contract for the maintenance,\noperation and management of properties of the authority;\n 8. To apply to the appropriate agencies and officials of the federal,\nstate and local governments for such licenses, permits or approvals for\nits plans and projects as it may deem necessary or advisable, and upon\nsuch terms and conditions as it may deem appropriate to accept, in its\ndiscretion, such licenses, permits or approvals as may be tendered to it\nby such agencies and officials;\n 9. To enter upon such lands, waters or premises as in the judgment of\nthe authority shall be necessary for the purpose of making surveys,\nsoundings, borings and examinations to accomplish any purpose authorized\nby this title, the authority being liable only for actual damages done;\n 10. To enter into cooperative agreements with other authorities,\nmunicipalities, utility companies, individuals, firms or corporations,\nand the dominion of Canada and its political subdivisions, for the\ninterconnection of facilities and the exchange or interchange of\nelectric power or connected services, upon such terms and conditions as\nshall be determined to be reasonable;\n 11. To execute contracts, borrow money, issue bonds, notes and other\nobligations as provided in section one thousand twenty-one-i of this\ntitle, and sell the same in such amounts and at such prices, interest\nrates and other financial terms as may be determined by the directors;\n 12. To enter into agreements to purchase power from the power\nauthority of the state of New York, the state, any state agency, any\nmunicipality, any private entity or any other available source at such\nprice or prices as may be negotiated, including the power to enter into\nany agreement or any negotiation for the purchase of power from the\ndominion of Canada, or any political subdivision, public authority or\nprivate corporation therein;\n 13. To make any plans, studies or investigations which it may deem\nnecessary, convenient or desirable to enable it effectually to carry out\nthe provisions of this title;\n 14. To do whatever may be necessary to give effect to the purposes of\nthis title, and in general to have and exercise all other powers\nnecessary or incidental to the purposes of this title.\n