1021-D - Powers and duties of the authority.

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