S T A T E   O F   N E W   Y O R K
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                                  4501

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 25, 2015
                               ___________

Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations

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-
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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07073-01-5
              

S. 4501                             2

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
CORPORATION.    THE  AUTHORITY  SHALL  RANK THE PROPOSALS IT RECEIVES IN

S. 4501                             3

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.