NY State Senate Bill 2013-S2521B

Senate Bill S2521B

2013-2014 Legislative Session

Authorizes the New York power authority to issue bonds for certain projects involving major electric generating facilities

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Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 09, 2014	print number 2521b
Jan 09, 2014	amend and recommit to energy and telecommunications
Jan 08, 2014	referred to energy and telecommunications
Feb 13, 2013	print number 2521a
Feb 13, 2013	amend and recommit to energy and telecommunications
Jan 18, 2013	referred to energy and telecommunications

Bill Amendments

Original

B (Active)

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2013-S2521 - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add §73, Pub Serv L; amd §1010, Pub Auth L
Versions Introduced in 2015-2016 Legislative Session:: S4501

2013-S2521 - Summary

Authorizes the New York power authority to issue bonds for certain projects involving repowering projects, qualified energy infrastructure investment projects, or qualified new construction projects for major electric generating facilities to achieve compliance with certain environmental standards.

2013-S2521 - Sponsor Memo

                                BILL NUMBER:S2521

TITLE OF BILL:  An act to amend the public service law and the public
authorities law, in relation to certain energy projects

PURPOSE:  To authorize the New York Power Authority (NYPA) to issue
bonds for certain projects involving major electric generating
facilities.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends the public service law to authorize the
department of public service to request information from NYPA in
relation to certain energy projects for which NYPA has issued bonds.

Section 2 of the bill amends the public authorities law to authorize
NYPA to issue bonds for certain energy projects.

Section 3 is the effective date.

JUSTIFICATION:  Many power plants in NYS are contemplating repowering
or other investments in infrastructure in order to meet new
environmental standards and to improve their competitive position in
the marketplace. Some power plants are even considering construction
of new electric generating units on the same or adjacent property in
order to remain competitive. Enhancing competition and improving

environmental compliance are worthy goals that should be encourage and
incentivized.

Unfortunately, many of these power plants are prevented from taking
steps to repower or otherwise improve their infrastructure and
environmental profile because of the high costs associated with doing
so. By allowing NYPA to issue bonds for these types of projects, power
plants will be able to lower the cost of repowering and upgrading
infrastructure. This lower cost incentive will encourage power plants
to make these investments which will result in a cleaner, stronger and
more modem generating fleet.

Further, these power plants often represent a significant portion of
the tax base for the municipality where they are located. Loss of such
tax base will be devastating for these communities. By lowering the
cost of infrastructure investments, this legislation will allow power
plants to become more competitive and remain in operation for a longer
period of time. This is a significant benefit for our local
communities.

PRIOR LEGISLATIVE HISTORY:  New bill.

FISCAL IMPLICATIONS:  None.

EFFECTIVE DATE:  This act shall take effect on the ninetieth day after
it shall become a law.

2013-S2521 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2521

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 18, 2013
                               ___________

Introduced  by  Sens. MAZIARZ, LARKIN, MARCELLINO, RANZENHOFER, RITCHIE,
  YOUNG -- read twice and  ordered  printed,  and  when  printed  to  be
  committed to the Committee on Energy and Telecommunications

AN  ACT  to amend the public service law and the public authorities law,
  in relation to certain energy projects

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The public service law is amended by adding a new section
73 to read as follows:
  S 73. COORDINATION WITH CERTAIN PROVISIONS OF THE  PUBLIC  AUTHORITIES
LAW. THE DEPARTMENT MAY REQUEST FROM THE POWER AUTHORITY OF THE STATE OF
NEW YORK A SUMMARY OF PROJECTS FOR WHICH IT HAS ISSUED BONDS PURSUANT TO
SUBDIVISION TWELVE OF SECTION ONE THOUSAND TEN OF THE PUBLIC AUTHORITIES
LAW.   THE   SUMMARY   SHALL  INCLUDE  EACH  PROJECT'S  NAME,  LOCATION,
DESCRIPTION, BOND AMOUNT, AND DATE OF ISSUANCE. THE POWER  AUTHORITY  OF
THE  STATE OF NEW YORK SHALL REPLY PURSUANT TO PARAGRAPH (F) OF SUBDIVI-
SION TWELVE OF SECTION ONE THOUSAND TEN OF THE PUBLIC  AUTHORITIES  LAW,
TO SUCH A REQUEST WITHIN THIRTY DAYS OF ITS RECEIPT.
  S 2. Section 1010 of the public authorities law is amended by adding a
new subdivision 12 to read as follows:
  12.  (A)  FOR  THE PURPOSES OF THIS SECTION, THE PROJECTS SET FORTH IN
THIS SUBDIVISION SHALL BE DEEMED TO BE PROJECTS THAT ARE  AUTHORIZED  BY
THIS TITLE.
  (B) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE AUTHORI-
TY IS HEREBY AUTHORIZED FROM TIME TO TIME, AS DEEMED FEASIBLE AND ADVIS-
ABLE BY THE TRUSTEES, TO ISSUE ITS NEGOTIABLE BONDS, UPON SELECTION OF A
PROPOSAL SUBMITTED PURSUANT TO THE PROCEDURES DEVELOPED IN PARAGRAPH (D)
OF  THIS  SUBDIVISION,  IN  CONFORMITY WITH APPLICABLE PROVISIONS OF THE
UNIFORM COMMERCIAL CODE  FOR  THE  PURPOSE  OF  FINANCING  A  REPOWERING
PROJECT,  QUALIFIED  ENERGY INFRASTRUCTURE INVESTMENT PROJECT, OR QUALI-
FIED NEW CONSTRUCTION PROJECT AS SUCH TERMS ARE DEFINED IN THIS SUBDIVI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05842-02-3

S. 2521                             2

SION AND WHICH ARE THE SUBJECT OF THE AFOREMENTIONED SELECTED  PROPOSAL,
INCLUDING THE ACQUISITION OF ANY REAL OR PERSONAL PROPERTY OR FACILITIES
DEEMED  NECESSARY  BY  THE  AUTHORITY  TO  EFFECTUATE THE AFOREMENTIONED
SELECTED PROPOSAL.
  (C) THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (I)  "REPOWERING PROJECT" SHALL MEAN IMPROVEMENTS TO AN EXISTING MAJOR
ELECTRIC GENERATING FACILITY THAT WILL ALLOW THE FACILITY, OR A NEW UNIT
OR UNITS AT THE FACILITY, OR THE COMBINATION OF THE NEW  UNIT  OR  UNITS
AND  THE FACILITY TO INCREASE ITS OVERALL EFFICIENCY, AS DEMONSTRATED BY
A REDUCTION IN HEAT RATE, AND TO MEET THE  FOLLOWING  RELEVANT  ENVIRON-
MENTAL REQUIREMENTS:
  (1) A DECREASE IN THE RATE OF EMISSION EXPRESSED AS A POUNDS PER MEGA-
WATT-HOUR REDUCTION OF EACH OF THE RELEVANT SITING AIR CONTAMINANTS; AND
  (2)  COOLING  WATER WITHDRAWAL CONSISTENT WITH A RATE EQUAL TO OR LESS
THAN CLOSED-CYCLE COOLING.
  (II) "ENVIRONMENTAL REQUIREMENTS", EXCEPT AS  OTHERWISE  SPECIFIED  IN
SUBPARAGRAPH (I) OF THIS PARAGRAPH, SHALL MEAN:
  (1)  AN  INCREASE IN OVERALL EFFICIENCY AS DEMONSTRATED BY A REDUCTION
IN HEAT RATE;
  (2) A DECREASE IN THE RATE OF EMISSION EXPRESSED AS A POUNDS PER MEGA-
WATT-HOUR REDUCTION OF EACH OF THE RELEVANT SITING AIR CONTAMINANTS; AND
  (3) COOLING WATER WITHDRAWAL CONSISTENT WITH A RATE EQUAL TO  OR  LESS
THAN CLOSED-CYCLE COOLING.
  (III)  "QUALIFIED ENERGY INFRASTRUCTURE INVESTMENT PROJECT" SHALL MEAN
ANY INVESTMENT NEEDED TO DELIVER A NEW FUEL SOURCE TO AN EXISTING  MAJOR
ELECTRIC  GENERATING  FACILITY, REPLACE OR RETROFIT A BURNER OR TURBINE,
UTILIZE ON-SITE RENEWABLE ENERGY GENERATION OR,  ANY  OTHER  SUBSTANTIAL
INVESTMENT  THAT  WILL HAVE A DIRECT IMPACT ON THE FACILITY'S ABILITY TO
MEET RELEVANT ENVIRONMENTAL REQUIREMENTS.
  (IV) "QUALIFIED NEW CONSTRUCTION PROJECT" SHALL MEAN THE  CONSTRUCTION
OF  A  NEW MAJOR ELECTRIC GENERATING FACILITY ON THE SAME PROPERTY AS AN
EXISTING FACILITY OR ON PROPERTY DIRECTLY ADJACENT OR CONTIGUOUS TO SAID
PROPERTY, WHERE THE NEW FACILITY BY ITSELF OR IN  COMBINATION  WITH  THE
EXISTING  FACILITY WILL ALLOW THE SITE AS A WHOLE TO MEET RELEVANT ENVI-
RONMENTAL REQUIREMENTS.
  (V) "MAJOR ELECTRIC GENERATING FACILITY" SHALL MEAN A  MAJOR  ELECTRIC
GENERATING  FACILITY  AS  DEFINED  IN  SECTION  ONE HUNDRED SIXTY OF THE
PUBLIC SERVICE LAW.
  (D) THE AUTHORITY IS HEREBY AUTHORIZED AND DIRECTED  TO  EXERCISE  ALL
THE  POWERS  NECESSARY  OR  CONVENIENT  TO  CARRY OUT AND EFFECTUATE THE
PURPOSES AND PROVISIONS OF THIS SUBDIVISION; AND AS  INCIDENTAL  THERETO
AND  CONSISTENT WITH THE PROVISIONS OF PARAGRAPH (E) OF THIS SUBDIVISION
TO DEVELOP AND ISSUE APPLICATION FORMS, TO ESTABLISH ELIGIBILITY  CRITE-
RIA,  TO  ESTABLISH  A  COMPETITIVE  SOLICITATION PROCESS AND EVALUATION
CRITERIA, TO COORDINATE WITH ANY OTHER PUBLIC ENTITY  AS  SUCH  TERM  IS
DEFINED  IN SECTION ONE THOUSAND FIVE OF THIS TITLE, AND GENERALLY TO DO
ANY AND EVERYTHING NECESSARY OR CONVENIENT TO CARRY OUT THE PURPOSES  OF
THIS SUBDIVISION.
  (E)   THE   AUTHORITY  SHALL  CONDUCT  COMPETITIVE  SOLICITATIONS  FOR
PROPOSALS, SUBMITTED BY MAJOR ELECTRIC GENERATING FACILITIES UNDERTAKING
ANY  REPOWERING  PROJECT,  QUALIFIED  ENERGY  INFRASTRUCTURE  INVESTMENT
PROJECT  OR QUALIFIED NEW CONSTRUCTION PROJECT AS SUCH TERMS ARE DEFINED
IN THIS SUBDIVISION, FOR ASSISTANCE FROM NEGOTIABLE BONDS ISSUED BY  THE
AUTHORITY  PURSUANT  TO THE PROVISIONS OF THIS SUBDIVISION. SUCH COMPET-
ITIVE SOLICITATIONS SHALL BE DESIGNED IN A MANNER AND FORM TO BE  DETER-
MINED  BY  THE AUTHORITY IN CONSULTATION WITH THE DEPARTMENT OF TAXATION

S. 2521                             3

AND FINANCE, THE COMPTROLLER, AND THE  PRESIDENT  OF  THE  EMPIRE  STATE
DEVELOPMENT CORPORATION.  A SCHEDULE FOR SUCH COMPETITIVE SOLICITATIONS,
AWARD  SELECTION,  AND DISTRIBUTION OF FUNDS SHALL BE ESTABLISHED BY THE
AUTHORITY  IN  CONSULTATION WITH THE DEPARMTENT OF TAXATION AND FINANCE,
THE COMPTROLLER, AND THE  PRESIDENT  OF  THE  EMPIRE  STATE  DEVELOPMENT
CORPORATION.    THE  AUTHORITY  SHALL  RANK THE PROPOSALS IT RECEIVES IN
RESPONSE TO COMPETITIVE SOLICITATIONS  AND  CHOOSE  THE  HIGHEST  RANKED
PROPOSALS  MEASURED  ON  THE  FOLLOWING CRITERIA TO BE CONSIDERED IN THE
AGGREGATE:
  (I) THE AMOUNT OF ASSISTANCE REQUESTED  IN  PROPORTION  TO  THE  TOTAL
QUANTITY   OF   MEGAWATTS  OF  NEW  GENERATION  CAPACITY  THAT  WILL  BE
CONSTRUCTED;
  (II) THE EXTENT TO WHICH AN AWARD WILL RESULT IN NEW  CAPITAL  INVEST-
MENT IN THE STATE BY THE APPLICANT;
  (III)  THE  EXTENT  TO  WHICH AN AWARD IS CONSISTENT WITH ANY REGIONAL
ECONOMIC DEVELOPMENT COUNCIL STRATEGIES AND PRIORITIES;
  (IV) THE TYPE AND COST OF FACILITIES AND EQUIPMENT TO BE  CONSTRUCTED,
ENLARGED OR INSTALLED IF THE APPLICANT WERE TO RECEIVE AN AWARD;
  (V)  THE APPLICANT'S PAYROLL, SALARIES, BENEFITS AND NUMBER OF JOBS AT
THE FACILITY FOR WHICH AN AWARD IS REQUESTED;
  (VI) THE NUMBER OF JOBS THAT WILL BE CREATED OR RETAINED AS APPLICABLE
WITHIN THE STATE IN RELATION TO THE REQUESTED AWARD AND  THE  EXTENT  TO
WHICH  THE  APPLICANT  WILL  AGREE TO COMMIT TO CREATING OR RETAINING AS
APPLICABLE SUCH JOBS AS A CONDITION TO RECEIVING AN AWARD;
  (VII) WHETHER THE APPLICANT IS AT RISK OF CLOSING OR CURTAILING FACIL-
ITIES OR OPERATIONS IN THE STATE, RELOCATING  FACILITIES  OR  OPERATIONS
OUT  OF  THE STATE, OR LOSING A SIGNIFICANT NUMBER OF JOBS IN THE STATE,
IN THE ABSENCE OF AN AWARD;
  (VIII) THE SIGNIFICANCE OF THE APPLICANT'S FACILITY TO THE ECONOMY  OF
THE AREA IN WHICH SUCH FACILITY IS LOCATED; AND
  (IX)  THE  EXTENT TO WHICH AN AWARD WILL RESULT IN AN ADVANTAGE FOR AN
APPLICANT IN RELATION TO THE APPLICANT'S COMPETITORS WITHIN THE STATE.
  (F) THE AUTHORITY SHALL REPLY TO REQUESTS ISSUED TO IT BY THE  DEPART-
MENT  OF PUBLIC SERVICE, PURSUANT TO SECTION SEVENTY-THREE OF THE PUBLIC
SERVICE LAW, WITHIN THIRTY DAYS OF RECEIPT OF ANY SUCH REQUEST.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

co-Sponsors

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2013-S2521A - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add §73, Pub Serv L; amd §1010, Pub Auth L
Versions Introduced in 2015-2016 Legislative Session:: S4501

2013-S2521A - Summary

2013-S2521A - Sponsor Memo

2013-S2521A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2521--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 18, 2013
                               ___________

Introduced  by  Sens. MAZIARZ, LARKIN, MARCELLINO, RANZENHOFER, RITCHIE,
  YOUNG -- read twice and  ordered  printed,  and  when  printed  to  be
  committed to the Committee on Energy and Telecommunications -- commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee

AN ACT to amend the public service law and the public  authorities  law,
  in relation to certain energy projects

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The public service law is amended by adding a  new  section
73 to read as follows:
  S  73.  COORDINATION WITH CERTAIN PROVISIONS OF THE PUBLIC AUTHORITIES
LAW. THE DEPARTMENT MAY REQUEST FROM THE POWER AUTHORITY OF THE STATE OF
NEW YORK A SUMMARY OF PROJECTS FOR WHICH IT HAS ISSUED BONDS PURSUANT TO
SUBDIVISION TWELVE OF SECTION ONE THOUSAND TEN OF THE PUBLIC AUTHORITIES
LAW.  THE  SUMMARY  SHALL  INCLUDE  EACH   PROJECT'S   NAME,   LOCATION,
DESCRIPTION,  BOND  AMOUNT, AND DATE OF ISSUANCE. THE POWER AUTHORITY OF
THE STATE OF NEW YORK SHALL REPLY PURSUANT TO PARAGRAPH (F) OF  SUBDIVI-
SION  TWELVE  OF SECTION ONE THOUSAND TEN OF THE PUBLIC AUTHORITIES LAW,
TO SUCH A REQUEST WITHIN THIRTY DAYS OF ITS RECEIPT.
  S 2. Section 1010 of the public authorities law is amended by adding a
new subdivision 12 to read as follows:
  12. (A) FOR THE PURPOSES OF THIS SECTION, THE PROJECTS  SET  FORTH  IN
THIS  SUBDIVISION  SHALL BE DEEMED TO BE PROJECTS THAT ARE AUTHORIZED BY
THIS TITLE.
  (B) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE AUTHORI-
TY IS HEREBY AUTHORIZED FROM TIME TO TIME, AS DEEMED FEASIBLE AND ADVIS-
ABLE BY THE TRUSTEES, TO ISSUE ITS NEGOTIABLE BONDS, UPON SELECTION OF A
PROPOSAL SUBMITTED PURSUANT TO THE PROCEDURES DEVELOPED IN PARAGRAPH (D)
OF THIS SUBDIVISION, IN CONFORMITY WITH  APPLICABLE  PROVISIONS  OF  THE
UNIFORM  COMMERCIAL  CODE  FOR  THE  PURPOSE  OF  FINANCING A REPOWERING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05842-03-3

S. 2521--A                          2

PROJECT, QUALIFIED ENERGY INFRASTRUCTURE INVESTMENT PROJECT,  OR  QUALI-
FIED NEW CONSTRUCTION PROJECT AS SUCH TERMS ARE DEFINED IN THIS SUBDIVI-
SION  AND WHICH ARE THE SUBJECT OF THE AFOREMENTIONED SELECTED PROPOSAL,
INCLUDING THE ACQUISITION OF ANY REAL OR PERSONAL PROPERTY OR FACILITIES
DEEMED  NECESSARY  BY  THE  AUTHORITY  TO  EFFECTUATE THE AFOREMENTIONED
SELECTED PROPOSAL.
  (C) THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (I) "REPOWERING PROJECT" SHALL MEAN IMPROVEMENTS TO AN EXISTING  MAJOR
ELECTRIC GENERATING FACILITY THAT WILL ALLOW THE FACILITY, OR A NEW UNIT
OR  UNITS  AT  THE FACILITY, OR THE COMBINATION OF THE NEW UNIT OR UNITS
AND  THE  FACILITY  TO  MEET  THE  RELEVANT  ENVIRONMENTAL  REQUIREMENTS
CONTAINED  IN  SUBPARAGRAPHS (I), (II), (III), AND (IV) OF PARAGRAPH (B)
OF SUBDIVISION FOUR OF SECTION ONE  HUNDRED  SIXTY-FIVE  OF  THE  PUBLIC
SERVICE LAW.
  (II)  "QUALIFIED  ENERGY INFRASTRUCTURE INVESTMENT PROJECT" SHALL MEAN
ANY INVESTMENT NEEDED TO DELIVER A NEW FUEL SOURCE TO AN EXISTING  MAJOR
ELECTRIC  GENERATING  FACILITY, REPLACE OR RETROFIT A BURNER OR TURBINE,
UTILIZE ON-SITE RENEWABLE ENERGY GENERATION OR,  ANY  OTHER  SUBSTANTIAL
INVESTMENT  THAT  WILL HAVE A DIRECT IMPACT ON THE FACILITY'S ABILITY TO
MEET THE ENVIRONMENTAL  REQUIREMENTS  CONTAINED  IN  SUBPARAGRAPHS  (I),
(II),  (III),  AND  (IV) OF PARAGRAPH (B) OF SUBDIVISION FOUR OF SECTION
ONE HUNDRED SIXTY-FIVE OF THE PUBLIC SERVICE LAW.
  (III) "QUALIFIED NEW CONSTRUCTION PROJECT" SHALL MEAN THE CONSTRUCTION
OF A NEW MAJOR ELECTRIC GENERATING FACILITY ON THE SAME PROPERTY  AS  AN
EXISTING FACILITY OR ON PROPERTY DIRECTLY ADJACENT OR CONTIGUOUS TO SAID
PROPERTY,  WHERE  THE  NEW FACILITY BY ITSELF OR IN COMBINATION WITH THE
EXISTING FACILITY WILL ALLOW THE SITE AS A WHOLE TO  MEET  THE  ENVIRON-
MENTAL  REQUIREMENTS  CONTAINED  IN  SUBPARAGRAPHS (I), (II), (III), AND
(IV) OF PARAGRAPH (B) OF SUBDIVISION FOUR OF SECTION ONE HUNDRED  SIXTY-
FIVE OF THE PUBLIC SERVICE LAW.
  (IV)  "MAJOR ELECTRIC GENERATING FACILITY" SHALL MEAN A MAJOR ELECTRIC
GENERATING FACILITY AS DEFINED IN  SECTION  ONE  HUNDRED  SIXTY  OF  THE
PUBLIC SERVICE LAW.
  (D)  THE  AUTHORITY  IS HEREBY AUTHORIZED AND DIRECTED TO EXERCISE ALL
THE POWERS NECESSARY OR CONVENIENT  TO  CARRY  OUT  AND  EFFECTUATE  THE
PURPOSES  AND  PROVISIONS OF THIS SUBDIVISION; AND AS INCIDENTAL THERETO
AND CONSISTENT WITH THE PROVISIONS OF PARAGRAPH (E) OF THIS  SUBDIVISION
TO  DEVELOP AND ISSUE APPLICATION FORMS, TO ESTABLISH ELIGIBILITY CRITE-
RIA, TO ESTABLISH A  COMPETITIVE  SOLICITATION  PROCESS  AND  EVALUATION
CRITERIA,  TO  COORDINATE  WITH  ANY OTHER PUBLIC ENTITY AS SUCH TERM IS
DEFINED IN SECTION ONE THOUSAND FIVE OF THIS TITLE, AND GENERALLY TO  DO
ANY  AND EVERYTHING NECESSARY OR CONVENIENT TO CARRY OUT THE PURPOSES OF
THIS SUBDIVISION.
  (E)  THE  AUTHORITY  SHALL  CONDUCT  COMPETITIVE   SOLICITATIONS   FOR
PROPOSALS, SUBMITTED BY MAJOR ELECTRIC GENERATING FACILITIES UNDERTAKING
ANY  REPOWERING  PROJECT,  QUALIFIED  ENERGY  INFRASTRUCTURE  INVESTMENT
PROJECT OR QUALIFIED NEW CONSTRUCTION PROJECT AS SUCH TERMS ARE  DEFINED
IN  THIS SUBDIVISION, FOR ASSISTANCE FROM NEGOTIABLE BONDS ISSUED BY THE
AUTHORITY PURSUANT TO THE PROVISIONS OF THIS SUBDIVISION.  SUCH  COMPET-
ITIVE  SOLICITATIONS SHALL BE DESIGNED IN A MANNER AND FORM TO BE DETER-
MINED BY THE AUTHORITY IN CONSULTATION WITH THE DEPARTMENT  OF  TAXATION
AND  FINANCE,  THE  COMPTROLLER,  AND  THE PRESIDENT OF THE EMPIRE STATE
DEVELOPMENT CORPORATION.  A SCHEDULE FOR SUCH COMPETITIVE SOLICITATIONS,
AWARD SELECTION, AND DISTRIBUTION OF FUNDS SHALL BE ESTABLISHED  BY  THE
AUTHORITY  IN  CONSULTATION WITH THE DEPARTMENT OF TAXATION AND FINANCE,
THE COMPTROLLER, AND THE  PRESIDENT  OF  THE  EMPIRE  STATE  DEVELOPMENT

S. 2521--A                          3

CORPORATION.    THE  AUTHORITY  SHALL  RANK THE PROPOSALS IT RECEIVES IN
RESPONSE TO COMPETITIVE SOLICITATIONS  AND  CHOOSE  THE  HIGHEST  RANKED
PROPOSALS  MEASURED  ON  THE  FOLLOWING CRITERIA TO BE CONSIDERED IN THE
AGGREGATE:
  (I)  THE  AMOUNT  OF  ASSISTANCE  REQUESTED IN PROPORTION TO THE TOTAL
QUANTITY  OF  MEGAWATTS  OF  NEW  GENERATION  CAPACITY  THAT   WILL   BE
CONSTRUCTED;
  (II)  THE  EXTENT TO WHICH AN AWARD WILL RESULT IN NEW CAPITAL INVEST-
MENT IN THE STATE BY THE APPLICANT;
  (III) THE TYPE AND COST OF FACILITIES AND EQUIPMENT TO BE CONSTRUCTED,
ENLARGED OR INSTALLED IF THE APPLICANT WERE TO RECEIVE AN AWARD;
  (IV) THE APPLICANT'S PAYROLL, SALARIES, BENEFITS AND NUMBER OF JOBS AT
THE FACILITY FOR WHICH AN AWARD IS REQUESTED;
  (V) THE NUMBER OF JOBS THAT WILL BE CREATED OR RETAINED AS  APPLICABLE
WITHIN  THE  STATE  IN RELATION TO THE REQUESTED AWARD AND THE EXTENT TO
WHICH THE APPLICANT WILL AGREE TO COMMIT TO  CREATING  OR  RETAINING  AS
APPLICABLE SUCH JOBS AS A CONDITION TO RECEIVING AN AWARD;
  (VI) WHETHER THE APPLICANT IS AT RISK OF CLOSING OR CURTAILING FACILI-
TIES OR OPERATIONS IN THE STATE, RELOCATING FACILITIES OR OPERATIONS OUT
OF  THE  STATE,  OR LOSING A SIGNIFICANT NUMBER OF JOBS IN THE STATE, IN
THE ABSENCE OF AN AWARD;
  (VII) THE SIGNIFICANCE OF THE APPLICANT'S FACILITY TO THE  ECONOMY  OF
THE AREA IN WHICH SUCH FACILITY IS LOCATED; AND
  (VIII) THE EXTENT TO WHICH AN AWARD WILL RESULT IN AN ADVANTAGE FOR AN
APPLICANT IN RELATION TO THE APPLICANT'S COMPETITORS WITHIN THE STATE.
  (F)  THE AUTHORITY SHALL REPLY TO REQUESTS ISSUED TO IT BY THE DEPART-
MENT OF PUBLIC SERVICE, PURSUANT TO SECTION SEVENTY-THREE OF THE  PUBLIC
SERVICE LAW, WITHIN THIRTY DAYS OF RECEIPT OF ANY SUCH REQUEST.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.

co-Sponsors

View additional co-sponsors

2013-S2521B (ACTIVE) - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add §73, Pub Serv L; amd §1010, Pub Auth L
Versions Introduced in 2015-2016 Legislative Session:: S4501

2013-S2521B (ACTIVE) - Summary

2013-S2521B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2521B

TITLE OF BILL:  An act to amend the public service law and the public
authorities law, in relation to certain energy projects

PURPOSE: To authorize the New York Power Authority (NYPA) to issue
bonds for certain projects involving major electric generating
facilities.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends the public service law to authorize the
department of public service to request information from NYPA in
relation to certain energy projects for which NYPA has issued bonds.

Section 2 of the bill amends the public authorities law to authorize
NYPA to issue bonds for certain energy projects.

Section 3 is the effective date.

JUSTIFICATION: Many power plants in NYS are contemplating repowering
or other investments in infrastructure in order to meet new
environmental standards and to improve their competitive position in
the marketplace. Some power plants are even considering construction
of new electric generating units on the same or adjacent property in
order to remain competitive. Enhancing competition and improving

environmental compliance are worthy goals that should be encourage and
incentivized.

Unfortunately, many of these power plants are prevented from taking
steps to repower or otherwise improve their infrastructure and
environmental profile because of the high costs associated with doing
so. By allowing NYPA to issue bonds for these types of projects, power
plants will be able to lower the cost of repowering and upgrading
infrastructure. This lower cost incentive will encourage power plants
to make these investments which will result in a cleaner, stronger and
more modem generating fleet.

Further, these power plants often represent a significant portion of
the tax base for the municipality where they are located. Loss of such
tax base will be devastating for these communities. By lowering the
cost of infrastructure investments, this legislation will allow power
plants to become more competitive and remain in operation for a longer
period of time. This is a significant benefit for our local
communities.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the ninetieth day after
it shall become a law.

2013-S2521B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2521--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 18, 2013
                               ___________

Introduced  by  Sens. MAZIARZ, LARKIN, MARCELLINO, RANZENHOFER, RITCHIE,
  YOUNG -- read twice and  ordered  printed,  and  when  printed  to  be
  committed to the Committee on Energy and Telecommunications -- commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee -- recommitted to the Committee on Energy and
  Telecommunications in accordance with Senate Rule 6, sec. 8 -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted to said committee

AN  ACT  to amend the public service law and the public authorities law,
  in relation to certain energy projects

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The public service law is amended by adding a new section
73 to read as follows:
  S 73. COORDINATION WITH CERTAIN PROVISIONS OF THE  PUBLIC  AUTHORITIES
LAW. THE DEPARTMENT MAY REQUEST FROM THE POWER AUTHORITY OF THE STATE OF
NEW YORK A SUMMARY OF PROJECTS FOR WHICH IT HAS ISSUED BONDS PURSUANT TO
SUBDIVISION TWELVE OF SECTION ONE THOUSAND TEN OF THE PUBLIC AUTHORITIES
LAW.  THE  SUMMARY  SHALL  INCLUDE  EACH PROJECT'S NAME, STREET ADDRESS,
COUNTY, DESCRIPTION, BOND AMOUNT, INTEREST RATE, AND DATE  OF  ISSUANCE.
THE  POWER  AUTHORITY  OF  THE STATE OF NEW YORK SHALL REPLY PURSUANT TO
PARAGRAPH (F) OF SUBDIVISION TWELVE OF SECTION ONE THOUSAND TEN  OF  THE
PUBLIC  AUTHORITIES  LAW,  TO  SUCH  A REQUEST WITHIN THIRTY DAYS OF ITS
RECEIPT.
  S 2. Section 1010 of the public authorities law is amended by adding a
new subdivision 12 to read as follows:
  12. (A) FOR THE PURPOSES OF THIS SECTION, THE PROJECTS  SET  FORTH  IN
THIS  SUBDIVISION  SHALL BE DEEMED TO BE PROJECTS THAT ARE AUTHORIZED BY
THIS TITLE.
  (B) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE AUTHORI-
TY IS HEREBY AUTHORIZED FROM TIME TO TIME, AS DEEMED FEASIBLE AND ADVIS-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05842-05-3

S. 2521--B                          2

ABLE BY THE TRUSTEES, TO ISSUE ITS NEGOTIABLE BONDS, UPON SELECTION OF A
PROPOSAL SUBMITTED PURSUANT TO THE PROCEDURES DEVELOPED IN PARAGRAPH (D)
OF THIS SUBDIVISION, IN CONFORMITY WITH  APPLICABLE  PROVISIONS  OF  THE
UNIFORM  COMMERCIAL  CODE  FOR  THE  PURPOSE  OF  FINANCING A REPOWERING
PROJECT, QUALIFIED ENERGY INFRASTRUCTURE INVESTMENT PROJECT,  OR  QUALI-
FIED NEW CONSTRUCTION PROJECT AS SUCH TERMS ARE DEFINED IN THIS SUBDIVI-
SION  AND WHICH ARE THE SUBJECT OF THE AFOREMENTIONED SELECTED PROPOSAL,
INCLUDING THE ACQUISITION OF ANY REAL OR PERSONAL PROPERTY OR FACILITIES
DEEMED NECESSARY BY  THE  AUTHORITY  TO  EFFECTUATE  THE  AFOREMENTIONED
SELECTED PROPOSAL.
  (C) THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (I)  "REPOWERING PROJECT" SHALL MEAN IMPROVEMENTS TO AN EXISTING MAJOR
ELECTRIC GENERATING FACILITY THAT WILL ALLOW THE FACILITY, OR A NEW UNIT
OR UNITS AT THE FACILITY, OR THE COMBINATION OF THE NEW  UNIT  OR  UNITS
AND  THE  FACILITY  TO  MEET  THE  RELEVANT  ENVIRONMENTAL  REQUIREMENTS
CONTAINED IN SUBPARAGRAPHS (I), (II), (III), AND (IV) OF  PARAGRAPH  (B)
OF  SUBDIVISION  FOUR  OF  SECTION  ONE HUNDRED SIXTY-FIVE OF THE PUBLIC
SERVICE LAW.
  (II) "QUALIFIED ENERGY INFRASTRUCTURE INVESTMENT PROJECT"  SHALL  MEAN
ANY  INVESTMENT NEEDED TO DELIVER A NEW FUEL SOURCE TO AN EXISTING MAJOR
ELECTRIC GENERATING FACILITY, REPLACE OR RETROFIT A BURNER  OR  TURBINE,
UTILIZE  ON-SITE  RENEWABLE  ENERGY GENERATION OR, ANY OTHER SUBSTANTIAL
INVESTMENT THAT WILL HAVE A DIRECT IMPACT ON THE FACILITY'S  ABILITY  TO
MEET  THE  ENVIRONMENTAL  REQUIREMENTS  CONTAINED  IN SUBPARAGRAPHS (I),
(II), (III), AND (IV) OF PARAGRAPH (B) OF SUBDIVISION  FOUR  OF  SECTION
ONE HUNDRED SIXTY-FIVE OF THE PUBLIC SERVICE LAW.
  (III) "QUALIFIED NEW CONSTRUCTION PROJECT" SHALL MEAN THE CONSTRUCTION
OF  A  NEW MAJOR ELECTRIC GENERATING FACILITY ON THE SAME PROPERTY AS AN
EXISTING FACILITY OR ON PROPERTY DIRECTLY ADJACENT OR CONTIGUOUS TO SAID
PROPERTY, WHERE THE NEW FACILITY BY ITSELF OR IN  COMBINATION  WITH  THE
EXISTING  FACILITY  WILL  ALLOW THE SITE AS A WHOLE TO MEET THE ENVIRON-
MENTAL REQUIREMENTS CONTAINED IN SUBPARAGRAPHS  (I),  (II),  (III),  AND
(IV)  OF PARAGRAPH (B) OF SUBDIVISION FOUR OF SECTION ONE HUNDRED SIXTY-
FIVE OF THE PUBLIC SERVICE LAW.
  (IV) "MAJOR ELECTRIC GENERATING FACILITY" SHALL MEAN A MAJOR  ELECTRIC
GENERATING  FACILITY  AS  DEFINED  IN  SECTION  ONE HUNDRED SIXTY OF THE
PUBLIC SERVICE LAW.
  (D) THE AUTHORITY IS HEREBY AUTHORIZED AND DIRECTED  TO  EXERCISE  ALL
THE  POWERS  NECESSARY  OR  CONVENIENT  TO  CARRY OUT AND EFFECTUATE THE
PURPOSES AND PROVISIONS OF THIS SUBDIVISION; AND AS  INCIDENTAL  THERETO
AND  CONSISTENT WITH THE PROVISIONS OF PARAGRAPH (E) OF THIS SUBDIVISION
TO DEVELOP AND ISSUE APPLICATION FORMS, TO ESTABLISH ELIGIBILITY  CRITE-
RIA,  TO  ESTABLISH  A  COMPETITIVE  SOLICITATION PROCESS AND EVALUATION
CRITERIA, TO COORDINATE WITH ANY OTHER PUBLIC ENTITY  AS  SUCH  TERM  IS
DEFINED  IN SECTION ONE THOUSAND FIVE OF THIS TITLE, AND GENERALLY TO DO
ANY AND EVERYTHING NECESSARY OR CONVENIENT TO CARRY OUT THE PURPOSES  OF
THIS SUBDIVISION.
  (E)   THE   AUTHORITY  SHALL  CONDUCT  COMPETITIVE  SOLICITATIONS  FOR
PROPOSALS, SUBMITTED BY MAJOR ELECTRIC GENERATING FACILITIES UNDERTAKING
ANY  REPOWERING  PROJECT,  QUALIFIED  ENERGY  INFRASTRUCTURE  INVESTMENT
PROJECT  OR QUALIFIED NEW CONSTRUCTION PROJECT AS SUCH TERMS ARE DEFINED
IN THIS SUBDIVISION, FOR ASSISTANCE FROM NEGOTIABLE BONDS ISSUED BY  THE
AUTHORITY  PURSUANT  TO THE PROVISIONS OF THIS SUBDIVISION. SUCH COMPET-
ITIVE SOLICITATIONS SHALL BE DESIGNED IN A MANNER AND FORM TO BE  DETER-
MINED  BY  THE AUTHORITY IN CONSULTATION WITH THE DEPARTMENT OF TAXATION
AND FINANCE, THE COMPTROLLER, AND THE  PRESIDENT  OF  THE  EMPIRE  STATE

S. 2521--B                          3

DEVELOPMENT CORPORATION.  A SCHEDULE FOR SUCH COMPETITIVE SOLICITATIONS,
AWARD  SELECTION,  AND DISTRIBUTION OF FUNDS SHALL BE ESTABLISHED BY THE
AUTHORITY IN CONSULTATION WITH THE DEPARTMENT OF TAXATION  AND  FINANCE,
THE  COMPTROLLER,  AND  THE  PRESIDENT  OF  THE EMPIRE STATE DEVELOPMENT
CORPORATION.   THE AUTHORITY SHALL RANK THE  PROPOSALS  IT  RECEIVES  IN
RESPONSE  TO  COMPETITIVE  SOLICITATIONS  AND  CHOOSE THE HIGHEST RANKED
PROPOSALS MEASURED ON THE FOLLOWING CRITERIA TO  BE  CONSIDERED  IN  THE
AGGREGATE:
  (I)  THE  AMOUNT  OF  ASSISTANCE  REQUESTED IN PROPORTION TO THE TOTAL
QUANTITY  OF  MEGAWATTS  OF  NEW  GENERATION  CAPACITY  THAT   WILL   BE
CONSTRUCTED;
  (II)  THE  EXTENT TO WHICH AN AWARD WILL RESULT IN NEW CAPITAL INVEST-
MENT IN THE STATE BY THE APPLICANT;
  (III) THE TYPE AND COST OF FACILITIES AND EQUIPMENT TO BE CONSTRUCTED,
ENLARGED OR INSTALLED IF THE APPLICANT WERE TO RECEIVE AN AWARD;
  (IV) THE APPLICANT'S PAYROLL, SALARIES, BENEFITS AND NUMBER OF JOBS AT
THE FACILITY FOR WHICH AN AWARD IS REQUESTED;
  (V) THE NUMBER OF JOBS THAT WILL BE CREATED OR RETAINED AS  APPLICABLE
WITHIN  THE  STATE  IN RELATION TO THE REQUESTED AWARD AND THE EXTENT TO
WHICH THE APPLICANT WILL AGREE TO COMMIT TO  CREATING  OR  RETAINING  AS
APPLICABLE SUCH JOBS AS A CONDITION TO RECEIVING AN AWARD;
  (VI) WHETHER THE APPLICANT IS AT RISK OF CLOSING OR CURTAILING FACILI-
TIES OR OPERATIONS IN THE STATE, RELOCATING FACILITIES OR OPERATIONS OUT
OF  THE  STATE,  OR LOSING A SIGNIFICANT NUMBER OF JOBS IN THE STATE, IN
THE ABSENCE OF AN AWARD;
  (VII) THE SIGNIFICANCE OF THE APPLICANT'S FACILITY TO THE  ECONOMY  OF
THE AREA IN WHICH SUCH FACILITY IS LOCATED; AND
  (VIII) THE EXTENT TO WHICH AN AWARD WILL RESULT IN AN ADVANTAGE FOR AN
APPLICANT IN RELATION TO THE APPLICANT'S COMPETITORS WITHIN THE STATE.
  (F)  THE AUTHORITY SHALL REPLY TO REQUESTS ISSUED TO IT BY THE DEPART-
MENT OF PUBLIC SERVICE, PURSUANT TO SECTION SEVENTY-THREE OF THE  PUBLIC
SERVICE LAW, WITHIN THIRTY DAYS OF RECEIPT OF ANY SUCH REQUEST.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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Senate Bill S2521B

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Sponsored By

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Bill Amendments

co-Sponsors

2013-S2521 - Details

2013-S2521 - Summary

2013-S2521 - Sponsor Memo

2013-S2521 - Bill Text download pdf

co-Sponsors

2013-S2521A - Details

2013-S2521A - Summary

2013-S2521A - Sponsor Memo

2013-S2521A - Bill Text download pdf

co-Sponsors

2013-S2521B (ACTIVE) - Details

2013-S2521B (ACTIVE) - Summary

2013-S2521B (ACTIVE) - Sponsor Memo

2013-S2521B (ACTIVE) - Bill Text download pdf

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