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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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| Jun 21, 2010 |
referred to energy delivered to assembly passed senate ordered to third reading cal.1065 |
| Jun 15, 2010 |
reported and committed to rules |
| Jun 08, 2010 |
reported and committed to finance |
| Jun 04, 2010 |
referred to energy and telecommunications |
Senate Bill S8065
2009-2010 Legislative Session
Creates the Energize New York power program, extends the expiration of the power for jobs program and the energy cost savings benefit program, authorizes certain contributions
download bill text pdfSponsored By
(D, IP) Senate District
Archive: Last Bill Status - In Assembly Committee
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: Jun 21, 2010
aye (59)- Adams
- Addabbo Jr.
- Alesi
- Aubertine
- Bonacic
- Breslin
- DeFrancisco
- Diaz
- Dilan
- Duane
- Espada
- Farley
- Flanagan
- Foley
- Fuschillo
- Golden
- Griffo
- Hannon
- Hassell-Thompson
- Huntley
- Johnson
- Johnson
- Klein
- Krueger
- Kruger
- LaValle
- Lanza
- Larkin
- Leibell
- Libous
- Little
- Marcellino
- Maziarz
- McDonald
- Montgomery
- Nozzolio
- Onorato
- Oppenheimer
- Padavan
- Parker
- Peralta
- Perkins
- Ranzenhofer
- Robach
- Saland
- Sampson
- Savino
- Schneiderman
- Serrano
- Seward
- Skelos
- Smith
- Squadron
- Stavisky
- Stewart-Cousins
- Thompson
- Valesky
- Winner
- Young
nay (2)excused (1)
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Jun 21, 2010 - Rules Committee Vote
S806514Aye2Nay7Aye with Reservations0Absent0Excused0AbstainedJun 15, 2010 - Finance Committee Vote
S806532Aye0Nay1Aye with Reservations0Absent0Excused0Abstained-
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Finance Committee Vote: Jun 15, 2010
aye (32)aye wr (1)
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Jun 8, 2010 - Energy And Telecommunications Committee Vote
S806511Aye0Nay1Aye with Reservations0Absent0Excused0Abstained -
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co-Sponsors
(R) Senate District
(D, WF) Senate District
(R, C) 53rd Senate District
(D) Senate District
(D, IP) Senate District
(D, WF) 46th Senate District
2009-S8065 (ACTIVE) - Details
- See Senate Version of this Bill:
- S67007
- Current Committee:
- Assembly Energy
- Law Section:
- Economic Development Law
- Laws Affected:
- Add §188-a, amd §§183 & 189, Ec Dev L; amd §1005, rpld sub 16, Pub Auth L; amd §9, Chap 316 of 1997; amd §11, Chap 645 of 2006; amd §186-a, Tax L
2009-S8065 (ACTIVE) - Sponsor Memo
BILL NUMBER:S8065
TITLE OF BILL:
An act to amend the economic development law and the public authorities
law, in relation to the creation of the energize New York power program;
and to amend the economic development law, the public authorities law,
the tax law, chapter 316 of the laws of 1997 amending the public author-
ities law and other laws relating to the provision of low cost power to
foster statewide economic development, and chapter 645 of the laws of
2006 amending the economic development law and other laws relating to
reauthorizing the New York power authority to make contributions to the
general fund, in relation to extending the expiration of the power for
jobs program and the energy cost savings benefit program; and to repeal
subdivision 16 of section 1005 of the public authorities law relating to
energy audits
PURPOSE:
This bill would create a new permanent, 910 megawatt (MW), Energize New
York Power Program administered by the Power Authority of the State of
New York (NYPA) and the Economic Development Power Allocation Board
(EDPAB) to foster job creation and retention in New York State. The new
program would consist of a combination of NYPA hydropower and competi-
tively purchased market power for allocation to eligible businesses and
other entities located in the State. To accomplish this important objec-
tive, the bill would reallocate up to 455 MW of hydroelectric power currently used by certain domestic and rural consumers, and extend for one year and then phase out the existing Power for Jobs (PFJ) and Energy Cost Savings Benefit (ECSB) programs. In addition, the bill would provide for financial assistance and energy efficiency measures to help mitigate effects on domestic and rural consumers resulting from the reallocation of hydropower that would be used to support the new Ener- gize New York Power Program. SUMMARY OF PROVISIONS: Section 1 of the bill would provide the short title of the bill as the "Energize New York Power Program Act." Section 2 of the bill would add a new section 188-a to the Economic Development Law (EDL) to create the Energize New York Power Program. Section 188-a would, among other things: * Define terms used in EDL § 188-a. * Authorize EDPAB to solicit applications for the new Energize New York Power Program (ENYPP) beginning January 31, 2011, and make recommenda- tions to NYPA for allocations under ENYPP beginning July 1, 2011. * Establish eligibility for ENYPP allocations and provide limitations on who may receive allocations under ENYPP. * Establish notice requirements for applications for ENYPP power allo- cations. * Establish criteria for an ENYPP allocation award, which would be considered in the aggregate and include the following: * significance of electricity costs to the applicant; * extent to which an award of power to the applicant will result in new capital investments in the State; * extent to which an allocation of power is consistent with state, local and regional economic development strategies and priorities; * types of facilities the applicant proposes to construct, enlarge or install as consideration for an ENYPP allocation; * applicant's payroll; * number of jobs the applicant would create or retain in relation to the size of the ENYPP power allocation requested; * risk that the applicant would leave the State, curtail operations or lose jobs without an ENYPP allocation; * significance of the applicant's facilities to the local economy; * extent to which the applicant has invested in energy efficiency measures, will agree to make tangible investments in energy efficiency measures, or will agree to participate in energy audits of its facilities; * consistency between the applicant's operations and the policies and goals of the State energy plan; * whether the applicant receives benefits under other NYPA programs; * extent to which a power allocation might result in an advantage as compared to its competitors in the State; and * regarding not-for-profit corporation applicants, the extent to which the applicant provides critical services or substantial benefits to the local community. * Establish an initial term of up to 7 years for ENYPP allocations and contracts, and authorize extensions of allocations and contracts. * Authorize EDPAB to recommend reductions of ENYPP allocations at facilities if actual metered load is less than the allocation and reallocate relinquished or withdrawn ENYPP allocations consistent with the provisions contained therein. * Authorize EDPAB and NYPA to require applicants to agree to periodic audits to ensure compliance with contract terms and ENYPP requirements. * Provide that EDPAB: (1) shall not allocate more than 910 MW of ENYPP allocations; (2) shall set aside at least 320 MW of ENYPP allocations for use at facilities located within the National Grid, New York State Electric and Gas (NYSEG), and Rochester Gas and Electric (RG&E) service territories; (3) shall set aside up to 100 MW of ENYPP allocations for eligible small businesses and not-for-profit corporations; and (4) shall set aside at least 200 MW of ENYPP allocation for the purposes of attracting new business to New York, encouraging new capital investment in New York and creating new jobs in New York. * Authorize EDPAB to choose between eligible applicants based on which applicants best meet applicable criteria, require EDPAB to issue recommendations on applications in writing, and provide that a recommendation for an ENYPP allocation qualifies the applicant to enter into a contract with NYPA on appropriate terms and conditions. * Provide for the partial and complete withdrawal of power from ENYPP participants for non-compliance with agreed-upon commitments. * Require NYPA and the Department of Public Service (DPS) to make recommendations to the Public service Commission (PSC) for reduced rates applicable to the delivery by utility corporations of ENYPP allocations, and provide that any such recommendation for reduced delivery rates would be at such level as to allow the utility to (i) recover the incremental cost of providing delivery service to such customers, and (ii) contribute to the common delivery and related costs which otherwise would be borne by other customers. * Restrict the transfer of ENYPP allocations and contracts. Require the EDPAB, in consultation with NYPA, to report on the effectiveness of the ENYPP. Section 3 of the bill would add a new subdivision 13-a to Public Authorities Law (PAL) § 1005 to authorize NYPA to make ENYPP allocations and enter into contracts to sell up to 910 MW to eligible applicants upon recommendation of EDPAB. This new subdivision would also provide that power used in ENYPP will consist of: (1) up to 455 MW of hydroelectricity withdrawn as of June 1, 2010 from utility corporations to which it was allocated for the benefit of these companies' domestic and rural consumers (residential consumers); and (2) up to an equal amount of market power. ENYPP allocations would consist of equal parts of NYPA hydropower and market power and would be sold to all eligible applicants on a uniform basis. Subdivision 13-a would further provide that NYPA, prior to entering into a contract with eligible applicants for the sale of ENYPP power, and prior to the provision of electric service relating to an ENYPP allocation, shall offer eligible applicants the option to decline to purchase the market power component of such ENYPP allocation. If an applicant declines to purchase the market power component through ENYPP, the applicant would be responsible for acquiring any such power on its own behalf. Section 4 of the bill would add a new subdivision 13-b to PAL § 1005 to authorize NYPA to implement two residential consumer discount programs to help mitigate the cost impacts on residential customers resulting from the reallocation of hydroelectricity for use in the ENYPP. Under a new "Residential Consumer Electricity Cost Discount" program, NYPA would be authorized, as deemed feasible and advisable by the Trustees, to fund monthly payments to be made to such classes of electricity consumers, as enjoyed the benefits of authority hydroelectric power withdrawn pursuant to subdivision 13-a of PAL 1005. The monthly payments would commence after the hydroelectric power is withdrawn and the total annual amount of the temporary monthly payments for the first 12-month period following the withdrawal would be $100 million. The total annual amount of temporary monthly payments for the five subsequent 12-month periods would decline by $14 million from each prior year. Thereafter, the total amount of monthly payments for each 12 month period would be $30 million. Beginning with the second year of the Residential Consumer Electricity Cost Discount program, up to $8 million annually would be set aside for an "Agricultural Consumer Electricity Cost Discount" program to provide supplemental discounts to agricultural producers who receive electric service at the residential rate. The PSC would supervise the distribution of this funding through jurisdictional utility rates, according to the relative amounts of hydropower purchased by the utilities. Section 5 of the bill would add a new subdivision 18 to PAL § 1005 to require NYPA to complete detailed annual reports on each economic development power program it administers. Section 6 of the bill would provide that, with respect to applicants who are in substantial compliance with contractual commitments and receiving benefits under the existing Power for Jobs, Energy Cost Savings Benefit, Economic Development, High Load Factor or Municipal Distribution Agency programs, but who would otherwise not receive a recommendation from the EDPAB for an ENYPP allocation, the EDPAB shall recommend that NYPA provide for a "transitional electricity discount." Such applicants may receive payments from NYPA as follows: (1) in the year beginning July 1, 2011 and in the year beginning July , 2012, in an amount equal to 66% of the benefits they received under the expiring programs during the 12 months ending May 15, 2010; and (2) in the year beginning July 1, 2013 and in the year beginning July 1, 2014, in an amount equal to 33% of such benefits. The Transitional Electricity Discount payments would end June 30, 2015. Section 7 of the bill would amend § 9 (the effective date section) of Chapter 316 of the Laws of 1997 to extend the current June 2, 2010 sunset of the Chapter to June 30, 2011. The Chapter, among other things, created the PFJ program in EDL § 189. Section 8 of the bill would amend § 11 (the effective date section) of Chapter 645 of the Laws of 2006 to extend the current June 2, 2010 sunset of § 7 of that Chapter to June 30, 2011. Section 7 of the Chapter provides for certain responsibilities of NYPA, the Director of the Budget and the Comptroller relating to the PFJ program. Section 9 of the bill would amend EDL § 183(h)(2) and (4) to extend the current June 2, 2010 sunset of the ESCB program to June 30, 2011. Section 10 of the bill would amend the opening paragraph of paragraph 5 of EDL § 189(a) to extend the current June 2, 2010 sunset of the PFJ Electricity Savings Reimbursements to June'30, 2011 at the same level as provided under such program during the 12 months ending May 15, 2010. Section 11 of the bill would amend EDL § 189(f) and (1) to provide for the extension of Power for Jobs contracts and rebates through June 30, 2011. Section 12 of the bill would amend Tax Law § 186(9) to extend the taxable periods for which a utility that delivers PFJ power is allowed a tax credit through 2011. Section 13 of the bill would amend subparagraph 2 of paragraph (g) of the ninth undesignated paragraph of PAL § 1005 to authorize NYPA, as deemed feasible and advisable by its Board of Trustees, to make a voluntary contribution of $7.5 million to the State to offset losses to the State from the gross receipts tax revenues from PFJ contract extensions. This section would also raise the aggregate amount that NYPA may contribute to the State under the PFJ program from $461.5 million to $469 million. Section 14 of the bill would amend subdivision 5 of PAL § 1005 to clarify the purposes for which Niagara and St. Lawrence Project power may be used. Section 15 of the bill would repeal subdivision 16 of PAL § 1005 as added by Chapter 217 of the Laws of 2009. That subdivision has been implemented and is no longer necessary. Section 16 of the bill would renumber subdivision 16 of PAL § 1005, as added by chapter 477 of the Laws of 2009, to be subdivision 17, and would amend paragraph (a) of such subdivision to authorize NYPA to offer its energy efficiency programs to ENYPP participants. Section 17 of the bill contains a severability clause. Section 18 of the bill contains the effective date. EXISTING LAW: The PFJ and ECSB programs providing benefits to eligible applicants expire June 2, 2010. Chapter 316 of the Laws of 1997 established the PFJ program to provide discounted NYPA-purchased power to businesses and not-for-profit corporations that agree to create or retain jobs in New York State. In return for such commitments, successful applicants received three-year contracts for PFJ electricity. The PFJ program originally made 400 MW of power available and was to be phased in over three years. As a result of the initial popularity of the program, the PFJ statute was amended by Chapter 386 of the Laws of 1998 to accelerate the distribution of the power and increase the size of the program to 450 MW. Chapter 63 of the Laws of 2000 and Chapter 226 of the Laws of 2002 amended the statute to authorize additional power to be allocated under the program and to authorize certain participants to apply for reallocations of power under the program. Chapter 59 of the Laws of2004 extended program benefits for PFJ customers whose contracts expired before the end of the PFJ program in 2005. Such customers were required to choose to receive an "electricity savings reimbursement" rebate or a power contract extension. NYPA was authorized to voluntarily fund the rebates if deemed feasible and advisable by NYPA's Trustees. PFJ customers whose contracts expired on or prior to November 30, 2004 were eligible for a rebate to the extent funded by NYPA from the date their contract expired through December 31, 2005. As an alternative, these customers could have chosen to receive a rebate to the extent funded by NYPA from the date their contract expired as a bridge to a new contract extension, with the contract extension commencing December 1, 2004. The new contract would be in effect from a period no earlier than December 1, 2004 through the end of the PFJ program on December 31, 2005. PFJ customers whose contracts expired after November 30, 2004 were eligible for rebate or contract extension from the date their contracts expired through December 31, 2005. Approved contract extensions entitled customers to receive power from NYPA pursuant to a sale-for-resale agreement with the customer's local utility. Separate allocation contracts between customers and NYPA contained job commitments enforceable by NYPA. In 2005, provisions of the enacted state budget extended the period during which PFJ customers could receive benefits until December 31, 2006. Chapter 645 of the Laws of 2006 included provisions extending program benefits until June 30, 2007. Chapter 89 of the Laws of 2007 included provisions extending program benefits until June 30, 2008. Chapter 59 of the Laws of 2008 included provisions extending the program benefits until June 30, 2009. Chapter 217 of the Laws of 2009 included provisions extending program benefits until May 15, 2010. Chapter 88 of the Laws of 2010 extended program benefits until June 2, 2010. Chapter 313 of the Laws of 2005 created an ECSB Program. Pursuant to the ECSB Program, NYPA makes discounted market power available to 94 businesses in the Economic Development Power, High Load Factor Power and Municipal Distribution Agency Power programs that were facing price increases before the end of 2006. Up to 70 MW of unallocated power from the Niagara Power Project and up to 20 MW of currently unallocated power from the St. Lawrence-FDR Project may be sold into the market to fund the ECSB Program. LEGISLATIVE HISTORY: This is a new bill. STATEMENT IN SUPPORT: The current recession has had a significant impact on New York State residents and businesses. New York's unemployment rate is at its highest level in 30 years, reaching 9 percent in December 2009. From July 2008 to December 2009, New York lost more than 330,000 jobs, including 73,000 jobs lost in the manufacturing sector. Energy cost is a key factor affecting New York State's economic competitiveness. Energy intensive businesses currently located within the State and those considering an expansion or looking to locate in New York need affordable energy options, Key health care facilities that provide critical services to their local communities and that employ thousands of New Yorkers have also been affected by the economic downturn and rising costs. If affordable energy options do not exist in New York, many existing businesses and institutions may cease or curtail operations, and opportunities for new investment in-State will be lost. The PFJ and ECSB administered by NYPA are scheduled to expire on June 2, 2010. Since 1997, these programs have provided low cost power to hundreds of businesses and institutions statewide, and are among the most critical job retention programs in New York. The programs currently support over 300,000 jobs at over 500 businesses and institutions throughout the State. However, the short-term nature of these programs, a result of the practice of extending the programs annually, does not provide sufficient certainty to encourage existing businesses and institutions to expand or to attract new business investment in New York, Furthermore, the existing programs are not supported by dedicated low-cost hydropower resources and the discounts cannot be continued by NYPA indefinitely in their current form because NYPA cannot predict with certainty it will have adequate cash resources to pay for the program. The new Energize New York Power program would utilize NYPA's unique and economical hydropower resource to create for the first time a permanent statewide low-cost power program. The ENYPP would consist of 455 MW of hydropower and 455 MW of purchased power to create a 910 MW block of below-market rate power that would be used to save existing jobs in manufacturing, health care, and other industries, and attract thousands of new jobs and investment to the State. The hydropower that would be utilized for the ENYPP is currently sold by NYPA at cost to National Grid, NYSEG, and RG&E to benefit residential customers under the Rural and Domestic program. The value of this benefit in 2009 was approximately $82 million, which equated to an average monthly residential discount of between $2.06 and $4.39 per customer. Under this bill, residential customers in these utility service territories would continue to receive a permanent benefit from NYPA. First, over the first five years after the bill is enacted, NYPA would transfer funding to National Grid, NYSEG and RG&E to provide transitional utility bill discounts for residential customers. These transitional discounts would be funded at $100 million in the first year, and be reduced by $14 million each year thereafter. Second, the bill would authorize NYPA to provide $30 million per year in perpetuity to National Grid, NYSEG and RG&E to provide discounts to their residential customers. Up to $8 million of this annual permanent benefit would be set aside for an additional electricity discount for agricultural consumers taking electric service at the residential rate. The Energize New York Power program that would be created by this bill would protect existing jobs and attract new jobs to the State, and would encourage new investment to grow the State's tax base. Eligible businesses and institutions that receive ENYPP allocations would be allowed to enter up to seven year contracts, which would provide long-term certainty to encourage new investment and expansion in New York. The ENYPP would reserve at least 320 MW for economic development in the National Grid, NYSEG, and RG&E service territories and 200 MW to attract new investment, thus ensuring that the bill would result in both job retention and job creation. In addition, ENYPP would reserve 100 MW for not-far-profits, such as hospitals, thus protecting jobs in institutions that provide critical services to our communities. BUDGET IMPLICATIONS: This bill would have no impact on the State budget because the resources for the new ENYPP would be provided by NYPA. Such resources would consist of hydroelectric power and other resources deemed feasible and advisable by the NYPA Trustees. EFFECTIVE DATE: This bill would take effect immediately and be deemed to be in full force and effect on and after May 15, 2010; provided that sections 9, 10 and 11 of the bill would take effect on the same date and in the same manner as Chapter 88 of the Laws of 2010. The amendments to the provisions of law relating to the PFJ and ECSB programs would not effect the expiration of such provisions of law and would be deemed repealed with them.
2009-S8065 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
8065
I N S E N A T E
June 4, 2010
___________
Introduced by Sens. AUBERTINE, MAZIARZ, BRESLIN, FOLEY, GRIFFO, C. JOHN-
SON, VALESKY -- (at request of the Governor) -- read twice and ordered
printed, and when printed to be committed to the Committee on Energy
and Telecommunications
AN ACT to amend the economic development law and the public authorities
law, in relation to the creation of the energize New York power
program; and to amend the economic development law, the public author-
ities law, the tax law, chapter 316 of the laws of 1997 amending the
public authorities law and other laws relating to the provision of low
cost power to foster statewide economic development, and chapter 645
of the laws of 2006 amending the economic development law and other
laws relating to reauthorizing the New York power authority to make
contributions to the general fund, in relation to extending the expi-
ration of the power for jobs program and the energy cost savings bene-
fit program; and to repeal subdivision 16 of section 1005 of the
public authorities law relating to energy audits
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "energize New York power program act."
S 2. The economic development law is amended by adding a new section
188-a to read as follows:
S 188-A. ENERGIZE NEW YORK POWER PROGRAM. (A) DEFINITIONS. FOR THE
PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
(1) "APPLICABLE CRITERIA" SHALL MEAN THE CRITERIA SPECIFIED IN SUBDI-
VISION (C) OF THIS SECTION.
(2). "AUTHORITY" SHALL MEAN THE POWER AUTHORITY OF THE STATE OF NEW
YORK.
(3) "ENERGIZE NEW YORK POWER ALLOCATION" OR "ALLOCATION" SHALL MEAN AN
ALLOCATION OF ENERGIZE NEW YORK POWER BY THE POWER AUTHORITY OF THE
STATE OF NEW YORK PURSUANT TO SECTION ONE THOUSAND FIVE OF THE PUBLIC
AUTHORITIES LAW TO AN ELIGIBLE APPLICANT RECOMMENDED BY THE NEW YORK
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12208-07-0
S. 8065 2
STATE ECONOMIC DEVELOPMENT POWER ALLOCATION BOARD IN ACCORDANCE WITH
THIS SECTION.
(4) "ELIGIBLE APPLICANT" SHALL MEAN AN ELIGIBLE BUSINESS, ELIGIBLE
SMALL BUSINESS, OR ELIGIBLE NOT-FOR-PROFIT CORPORATION AS DEFINED IN
THIS SECTION, PROVIDED HOWEVER, THAT AN ELIGIBLE APPLICANT SHALL NOT
INCLUDE RETAIL BUSINESSES AS DEFINED BY THE BOARD, INCLUDING, WITHOUT
LIMITATION, SPORTS VENUES, GAMING OR ENTERTAINMENT-RELATED ESTABLISH-
MENTS OR PLACES OF OVERNIGHT ACCOMMODATION.
(5) "ELIGIBLE BUSINESS" SHALL MEAN A BUSINESS OTHER THAN A
NOT-FOR-PROFIT CORPORATION WHICH NORMALLY UTILIZES A MINIMUM PEAK ELEC-
TRIC DEMAND IN EXCESS OF FOUR HUNDRED KILOWATTS.
(6) "ELIGIBLE NOT-FOR-PROFIT CORPORATION" SHALL MEAN A CORPORATION
DEFINED IN SUBDIVISION FIVE OF SECTION ONE HUNDRED TWO OF THE
NOT-FOR-PROFIT CORPORATION LAW.
(7) "ELIGIBLE SMALL BUSINESS" SHALL MEAN A BUSINESS OTHER THAN A NOT-
FOR-PROFIT CORPORATION WHICH NORMALLY UTILIZES A MINIMUM PEAK ELECTRIC
DEMAND EQUAL TO OR LESS THAN FOUR HUNDRED KILOWATTS.
(8) "ENERGIZE NEW YORK POWER" SHALL MEAN AND CONSIST OF EQUAL AMOUNTS
OF (I) UP TO FOUR HUNDRED FIFTY-FIVE MEGAWATTS OF FIRM HYDROELECTRIC
POWER FROM THE NIAGARA AND SAINT LAWRENCE HYDROELECTRIC PROJECTS TO BE
WITHDRAWN FROM UTILITY CORPORATIONS THAT, PRIOR TO THE EFFECTIVE DATE OF
THIS SECTION, PURCHASED SUCH POWER FOR THE BENEFIT OF THEIR DOMESTIC AND
RURAL CONSUMERS ("ENERGIZE NEW YORK HYDROPOWER"), AND (II) POWER
PROCURED BY THE AUTHORITY THROUGH A COMPETITIVE PROCUREMENT PROCESS,
AUTHORITY SOURCES (OTHER THAN THE NIAGARA AND SAINT LAWRENCE PROJECTS)
OR THROUGH AN ALTERNATE METHOD ("ENERGIZE NEW YORK MARKET POWER").
(B) APPLICATIONS FOR ENERGIZE NEW YORK POWER ALLOCATIONS. (1) THE
BOARD MAY SOLICIT APPLICATIONS FOR ENERGIZE NEW YORK POWER ALLOCATIONS
UNDER THE PROGRAM CREATED BY THIS SECTION BY PUBLIC NOTICE BEGINNING NO
LATER THAN JANUARY THIRTY-FIRST, TWO THOUSAND ELEVEN. SUCH NOTICE MAY
INCLUDE NEWSPAPER ADVERTISEMENTS, PRESS RELEASES, WEBSITE POSTINGS,
PAPER OR ELECTRONIC MAILING, AND/OR SUCH OTHER FORM OF NOTICE AS THE
BOARD FINDS APPROPRIATE IN CONSULTATION WITH THE AUTHORITY.
(2) APPLICATIONS FOR ENERGIZE NEW YORK POWER ALLOCATIONS SHALL BE IN
THE FORM AND CONTAIN SUCH INFORMATION, EXHIBITS AND SUPPORTING DATA AS
THE BOARD PRESCRIBES IN CONSULTATION WITH THE AUTHORITY. A COPY OF EACH
APPLICATION RECEIVED SHALL BE MADE AVAILABLE FOR REVIEW BY EACH BOARD
MEMBER, AND A COPY SHALL BE PROVIDED TO THE AUTHORITY.
(3) AN APPLICANT WHO IS ALSO A RECIPIENT OF BENEFITS UNDER ANOTHER
POWER PROGRAM OF THE AUTHORITY SHALL BE ELIGIBLE TO APPLY FOR AN ALLO-
CATION UNDER THE ENERGIZE NEW YORK POWER PROGRAM ONLY IF IT IS IN
SUBSTANTIAL COMPLIANCE WITH ITS CONTRACTUAL COMMITMENTS MADE IN
CONNECTION WITH SUCH OTHER PROGRAM, PROVIDED HOWEVER THAT AN APPLICANT
SHALL NOT RECEIVE AN ENERGIZE NEW YORK POWER ALLOCATION AND ANY OTHER
AUTHORITY POWER PROGRAM BENEFITS WITH RESPECT TO THE SAME QUANTITY OF
ELECTRICITY CONSUMED AT A FACILITY.
(4) SUBJECT TO CONFIDENTIALITY REQUIREMENTS, UPON RECEIPT OF EACH
APPLICATION FROM THE BOARD, THE AUTHORITY SHALL PROMPTLY NOTIFY BY ELEC-
TRONIC MEANS, INCLUDING WEBSITE POSTINGS AND SUCH OTHER METHODS THE
BOARD DEEMS APPROPRIATE IN CONSULTATION WITH THE AUTHORITY, THE GOVER-
NOR, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE ASSEMBLY,
THE TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY LEADER OF THE
SENATE, AND EACH MEMBER OF THE STATE LEGISLATURE IN WHOSE DISTRICT ANY
PORTION OF THE FACILITY FOR WHICH AN ALLOCATION IS REQUESTED IS LOCATED.
SUCH NOTICE SHALL PROVIDE THE NAME AND A DESCRIPTION OF THE APPLICANT,
AND THE ADDRESS OF THE FACILITY FOR WHICH THE ALLOCATION IS REQUESTED.
S. 8065 3
THE AUTHORITY SHALL ALSO DEVELOP A LISTING WHICH CONTAINS THE NAME AND A
DESCRIPTION OF EACH APPLICANT, THE ENERGIZE NEW YORK POWER PROGRAM ALLO-
CATION SOUGHT BY EACH APPLICANT, AND THE ADDRESS OF THE FACILITY FOR
WHICH THE APPLICANT REQUESTS THE ALLOCATION, AND SHALL MAKE THE LISTING
AVAILABLE FOR PUBLIC REVIEW ON THE AUTHORITY'S WEBSITE.
(C) REVIEW, APPLICABLE CRITERIA AND RECOMMENDATIONS. (1) THE BOARD
SHALL REVIEW APPLICATIONS SUBMITTED UNDER THE ENERGIZE NEW YORK POWER
PROGRAM. THE BOARD SHALL MAKE AN INITIAL DETERMINATION OF WHETHER THE
APPLICANT IS AN ELIGIBLE APPLICANT. IN THE CASE OF AN ELIGIBLE APPLI-
CANT, THE BOARD MAY RECOMMEND TO THE AUTHORITY THAT AN ALLOCATION OF
ENERGIZE NEW YORK POWER BE AWARDED TO AN APPLICANT FOR A FACILITY
LOCATED IN THE STATE OF NEW YORK BASED ON CONSIDERATION OF THE FOLLOWING
CRITERIA WHICH SHALL BE CONSIDERED IN THE AGGREGATE AND NO ONE OF WHICH
SHALL BE PRESUMPTIVELY DETERMINATIVE:
(I) THE SIGNIFICANCE OF THE COST OF ELECTRICITY TO THE APPLICANT'S
OVERALL COST OF DOING BUSINESS, AND THE IMPACT THAT AN ENERGIZE NEW YORK
POWER ALLOCATION WILL HAVE ON THE APPLICANT'S OPERATING COSTS;
(II) THE EXTENT TO WHICH AN ENERGIZE NEW YORK POWER ALLOCATION WILL
RESULT IN NEW CAPITAL INVESTMENT IN THE STATE BY THE APPLICANT;
(III) THE EXTENT TO WHICH AN ENERGIZE NEW YORK POWER ALLOCATION IS
CONSISTENT WITH STATE, REGIONAL AND LOCAL ECONOMIC DEVELOPMENT STRATE-
GIES AND PRIORITIES;
(IV) THE TYPE AND COST OF BUILDINGS, EQUIPMENT AND FACILITIES TO BE
CONSTRUCTED, ENLARGED OR INSTALLED IF THE APPLICANT WERE TO RECEIVE AN
ALLOCATION;
(V) THE APPLICANT'S PAYROLL, SALARIES, BENEFITS AND NUMBER OF JOBS AT
THE FACILITY FOR WHICH AN ENERGIZE NEW YORK POWER ALLOCATION IS
REQUESTED;
(VI) THE NUMBER OF JOBS THAT WILL BE CREATED OR RETAINED WITHIN THE
STATE IN RELATION TO THE REQUESTED ENERGIZE NEW YORK POWER ALLOCATION,
AND THE EXTENT TO WHICH THE APPLICANT WILL AGREE TO COMMIT TO CREATING
OR RETAINING SUCH JOBS AS A CONDITION TO RECEIVING AN ENERGIZE NEW YORK
POWER ALLOCATION;
(VII) WHETHER THE APPLICANT, DUE TO THE COST OF ELECTRICITY, IS AT
RISK OF CLOSING OR CURTAILING FACILITIES 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 ENERGIZE
NEW YORK POWER ALLOCATION;
(VIII) THE SIGNIFICANCE OF THE APPLICANT'S FACILITY THAT WOULD RECEIVE
THE ENERGIZE NEW YORK POWER ALLOCATION TO THE ECONOMY OF THE AREA IN
WHICH SUCH FACILITY IS LOCATED;
(IX) THE EXTENT TO WHICH THE APPLICANT HAS INVESTED IN ENERGY EFFI-
CIENCY MEASURES, WILL AGREE TO PARTICIPATE IN OR PERFORM ENERGY AUDITS
OF ITS FACILITIES, WILL AGREE TO PARTICIPATE IN ENERGY EFFICIENCY
PROGRAMS OF THE AUTHORITY, OR WILL COMMIT TO IMPLEMENT OR OTHERWISE MAKE
TANGIBLE INVESTMENTS IN ENERGY EFFICIENCY MEASURES AS A CONDITION TO
RECEIVING AN ENERGIZE NEW YORK POWER ALLOCATION;
(X) THE EXTENT TO WHICH THE APPLICANT'S OPERATIONS ARE CONSISTENT WITH
THE POLICIES AND GOALS OF THE STATE ENERGY PLAN;
(XI) WHETHER THE APPLICANT RECEIVES BENEFITS UNDER ANY OTHER POWER-RE-
LATED PROGRAMS OF THE AUTHORITY;
(XII) THE EXTENT TO WHICH AN ENERGIZE NEW YORK POWER ALLOCATION WILL
RESULT IN AN ADVANTAGE FOR AN APPLICANT IN RELATION TO THE APPLICANT'S
COMPETITORS WITHIN THE STATE; AND
(XIII) IN ADDITION TO THE FOREGOING CRITERIA, IN THE CASE OF A
NOT-FOR-PROFIT CORPORATION, WHETHER THE APPLICANT PROVIDES CRITICAL
S. 8065 4
SERVICES OR SUBSTANTIAL BENEFITS TO THE LOCAL COMMUNITY IN WHICH THE
FACILITY FOR WHICH THE ALLOCATION IS REQUESTED IS LOCATED.
(2) A RECOMMENDATION BY THE BOARD THAT THE AUTHORITY PROVIDE AN ENER-
GIZE NEW YORK POWER ALLOCATION TO AN ELIGIBLE APPLICANT SHALL INCLUDE,
BUT NEED NOT BE LIMITED TO:
(I) THE AMOUNT OF THE ENERGIZE NEW YORK POWER ALLOCATION THE BOARD HAS
DETERMINED SHOULD BE AWARDED TO SUCH ELIGIBLE APPLICANT, PROVIDED HOWEV-
ER, THAT THE BOARD MAY RECOMMEND AN ENERGIZE NEW YORK POWER ALLOCATION
IN AN AMOUNT THAT IS LESS THAN THE AMOUNT REQUESTED BY SUCH APPLICANT;
(II) AN EFFECTIVE INITIAL TERM OF THE ALLOCATION AND CONTRACT BETWEEN
THE ELIGIBLE APPLICANT AND THE AUTHORITY WHICH SHALL NOT EXCEED SEVEN
YEARS, PROVIDED HOWEVER THAT THE TERM OF ANY SUCH ALLOCATION AND
CONTRACT SHALL NOT BECOME EFFECTIVE BEFORE JULY FIRST, TWO THOUSAND
ELEVEN; AND
(III) PROVISIONS FOR EFFECTIVE PERIODIC AUDITS OF ELIGIBLE APPLICANTS
AWARDED AN ENERGIZE NEW YORK POWER ALLOCATION FOR THE PURPOSE OF DETER-
MINING CONTRACT AND PROGRAM COMPLIANCE, AND FOR THE PARTIAL OR COMPLETE
WITHDRAWAL OF AN ENERGIZE NEW YORK POWER ALLOCATION IF THE ELIGIBLE
APPLICANT FAILS TO MAINTAIN MUTUALLY AGREED UPON COMMITMENTS, RELATING
TO, AMONG OTHER THINGS, EMPLOYMENT LEVELS, POWER UTILIZATION, CAPITAL
INVESTMENTS, AND/OR ENERGY EFFICIENCY MEASURES.
(3) THE BOARD'S RECOMMENDATION SHALL REQUIRE THAT IF THE ACTUAL
METERED LOAD AT THE FACILITY WHERE THE ALLOCATION IS UTILIZED IS LESS
THAN THE ALLOCATION, SUCH ALLOCATION WILL BE REDUCED ACCORDINGLY,
PROVIDED THAT, UNDER THEIR CONTRACTS WITH THE AUTHORITY, ELIGIBLE APPLI-
CANTS SHALL BE AFFORDED A REASONABLE PERIOD WITHIN WHICH TO FULLY
UTILIZE THE ALLOCATIONS, TAKING INTO ACCOUNT CONSTRUCTION SCHEDULES AND
ECONOMIC CONDITIONS. THE AUTHORITY SHALL REALLOCATE ANY WITHDRAWN OR
RELINQUISHED POWER FOR THE ENERGIZE NEW YORK POWER PROGRAM CONSISTENT
WITH PARAGRAPH FOUR OF THIS SUBDIVISION.
(4) THE BOARD MAY BASE ITS RECOMMENDATION ON WHICH ELIGIBLE APPLICANTS
IT DETERMINES BEST MEET THE APPLICABLE CRITERIA; PROVIDED, HOWEVER, THAT
THE BOARD SHALL DEDICATE ENERGIZE NEW YORK POWER AS FOLLOWS: (I) AT
LEAST THREE HUNDRED TWENTY MEGAWATTS FOR USE AT FACILITIES LOCATED WITH-
IN THE SERVICE TERRITORIES OF THE UTILITY CORPORATIONS THAT, PRIOR TO
THE EFFECTIVE DATE OF THIS SECTION, PURCHASED NIAGARA AND SAINT LAWRENCE
HYDROELECTRIC POWER FOR THE BENEFIT OF THEIR DOMESTIC AND RURAL CONSUM-
ERS; (II) AT LEAST TWO HUNDRED MEGAWATTS FOR THE PURPOSES OF ATTRACTING
NEW BUSINESS TO THE STATE AND ENCOURAGING THE CREATION OF NEW BUSINESS
WITHIN THE STATE, FOR ELIGIBLE APPLICANTS THAT WILL COMMIT TO MAKE NEW
CAPITAL INVESTMENTS OR CREATE NEW JOBS WITHIN THE STATE; AND (III) AN
AMOUNT NOT TO EXCEED ONE HUNDRED MEGAWATTS FOR ELIGIBLE SMALL BUSINESSES
AND ELIGIBLE NOT-FOR-PROFIT CORPORATIONS.
(5) THE BOARD SHALL ISSUE A WRITTEN STATEMENT OF ITS FINDINGS AND
CONCLUSIONS WITH RESPECT TO EVERY APPLICATION AND THE REASONS FOR ITS
RECOMMENDATION TO THE AUTHORITY.
(6) A RECOMMENDATION FOR AN ENERGIZE NEW YORK POWER ALLOCATION SHALL
QUALIFY AN APPLICANT TO ENTER INTO A CONTRACT WITH THE AUTHORITY PURSU-
ANT TO THE TERMS AND CONDITIONS OF THE RECOMMENDATION BY THE BOARD AND
ON SUCH OTHER TERMS AS THE AUTHORITY DETERMINES TO BE APPROPRIATE.
(7) THE BOARD SHALL NOT RECOMMEND A TOTAL OF ENERGIZE NEW YORK POWER
ALLOCATIONS IN EXCESS OF NINE HUNDRED TEN MEGAWATTS.
(D) THE AUTHORITY SHALL WORK COOPERATIVELY WITH THE DEPARTMENT OF
PUBLIC SERVICE TO RECOMMEND TO THE PUBLIC SERVICE COMMISSION REDUCED
RATES OR AN EQUIVALENT MECHANISM FOR THE DELIVERY BY UTILITY CORPO-
RATIONS OF ENERGIZE NEW YORK POWER PROGRAM ALLOCATIONS. ANY SUCH RECOM-
S. 8065 5
MENDATION FOR REDUCED DELIVERY RATES SHALL BE AT SUCH LEVEL AS TO ALLOW
THE UTILITY TO (I) RECOVER THE INCREMENTAL COST OF PROVIDING DELIVERY
SERVICE TO SUCH CUSTOMERS, AND (II) CONTRIBUTE TO THE COMMON DELIVERY
AND RELATED COSTS WHICH OTHERWISE WOULD BE BORNE BY OTHER CUSTOMERS.
(E) THE AUTHORITY SHALL, AT A MINIMUM, REPORT QUARTERLY TO THE BOARD
ON THE AVAILABILITY OF ENERGIZE NEW YORK POWER FOR THE SUBSEQUENT
TWELVE-MONTH PERIOD, THE AMOUNT OF SUCH POWER ALLOCATED AND OTHER RELE-
VANT INFORMATION.
(F) AFTER AN AWARD OF AN ENERGIZE NEW YORK POWER ALLOCATION, THE BOARD
SHALL ACCEPT REQUESTS FROM ELIGIBLE APPLICANTS WHO ARE IN SUBSTANTIAL
COMPLIANCE WITH CONTRACTUAL COMMITMENTS MADE IN CONNECTION WITH THE
ENERGIZE NEW YORK POWER PROGRAM FOR AN EXTENSION OF AN EXISTING ALLO-
CATION (I) DURING THE TWENTY-FOUR MONTH PERIOD IMMEDIATELY PRECEDING THE
EXPIRATION OF THE TERM OF THE ALLOCATION, OR (II) AT SUCH EARLIER TIME
WITH THE CONSENT OF THE AUTHORITY IN WRITING. REQUESTS FOR EXTENSIONS
SHALL BE REVIEWED USING THE CRITERIA SET FORTH IN PARAGRAPH ONE OF
SUBDIVISION (C) OF THIS SECTION.
(G) TRANSFERS OF ENERGIZE NEW YORK POWER. NOTWITHSTANDING ANY OTHER
APPROVAL REQUIRED BY STATUTE, REGULATION OR CONTRACT, THE TRANSFER OF AN
ENERGIZE NEW YORK POWER ALLOCATION TO A DIFFERENT RECIPIENT, TO A
DIFFERENT OWNER OR OPERATOR OF A FACILITY, OR TO A DIFFERENT FACILITY IS
PROHIBITED UNLESS SPECIFICALLY APPROVED BY THE BOARD AS CONSISTENT WITH
THE CRITERIA AND REQUIREMENTS OF THIS SECTION. ANY TRANSFER THAT OCCURS
WITHOUT THE BOARD'S APPROVAL SHALL BE INVALID AND SUCH TRANSFER MAY
SUBJECT THE RECIPIENT TO REVOCATION OR MODIFICATION OF ITS ALLOCATION
AND CONTRACT.
(H) (1) THE BOARD, IN CONSULTATION WITH THE AUTHORITY, SHALL SUBMIT TO
THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF THE ASSEM-
BLY, MINORITY LEADER OF THE SENATE AND MINORITY LEADER OF THE ASSEMBLY
AN EVALUATION OF THE EFFECTIVENESS OF THE ENERGIZE NEW YORK POWER
PROGRAM. SUCH EVALUATION SHALL FOCUS ON HOW THE PROGRAM HAS AIDED
RECIPIENTS OF POWER ALLOCATIONS, AND MAY INCLUDE RECOMMENDATIONS FOR HOW
THE PROGRAM CAN BE MADE MORE EFFECTIVE, AND SHALL BE BASED, IN PART, ON
THE RELATIVE COSTS OF POWER FOR RECIPIENTS IN COMPARISON TO THE COST OF
POWER FOR NON-RECIPIENTS. SUCH EVALUATION SHALL BE SUBMITTED BY DECEM-
BER THIRTY-FIRST, TWO THOUSAND FOURTEEN AND BY DECEMBER THIRTY-FIRST
EVERY FIVE YEARS THEREAFTER.
(2) THE BOARD, WITH ASSISTANCE FROM THE AUTHORITY, SHALL MAINTAIN THE
NECESSARY RECORDS AND DATA REQUIRED TO PERFORM SUCH EVALUATION AND
RESPOND TO REQUESTS FOR INFORMATION PURSUANT TO ARTICLE SIX OF THE
PUBLIC OFFICERS LAW.
S 3. Section 1005 of the public authorities law is amended by adding a
new subdivision 13-a to read as follows:
13-A. ENERGIZE NEW YORK POWER PROGRAM. (A) NOTWITHSTANDING ANY OTHER
PROVISION OF LAW TO THE CONTRARY, BUT SUBJECT TO THE TERMS AND CONDI-
TIONS OF FEDERAL ENERGY REGULATORY COMMISSION LICENSES, TO ALLOCATE,
REALLOCATE OR EXTEND, DIRECTLY OR BY SALE FOR RESALE, UP TO NINE HUNDRED
TEN MEGAWATTS OF ENERGIZE NEW YORK POWER TO ELIGIBLE APPLICANTS LOCATED
WITHIN THE STATE OF NEW YORK UPON THE RECOMMENDATION OF THE NEW YORK
STATE ECONOMIC DEVELOPMENT POWER ALLOCATION BOARD PURSUANT TO SECTION
ONE HUNDRED EIGHTY-EIGHT-A OF THE ECONOMIC DEVELOPMENT LAW.
(B) ENERGIZE NEW YORK POWER SHALL MEAN AND CONSIST OF EQUAL AMOUNTS OF
(1) UP TO FOUR HUNDRED FIFTY-FIVE MEGAWATTS OF FIRM HYDROELECTRIC POWER
FROM THE NIAGARA AND SAINT LAWRENCE HYDROELECTRIC PROJECTS TO BE WITH-
DRAWN, AS OF THE EARLIEST DATE SUCH POWER MAY BE WITHDRAWN CONSISTENT
WITH CONTRACTUAL REQUIREMENTS, FROM UTILITY CORPORATIONS THAT, PRIOR TO
S. 8065 6
THE EFFECTIVE DATE OF THIS SUBDIVISION, PURCHASED SUCH POWER FOR THE
BENEFIT OF THEIR DOMESTIC AND RURAL CONSUMERS ("ENERGIZE NEW YORK HYDRO-
POWER"), AND (2) POWER PROCURED BY THE AUTHORITY THROUGH A COMPETITIVE
PROCUREMENT PROCESS, AUTHORITY SOURCES (OTHER THAN THE NIAGARA AND SAINT
LAWRENCE PROJECTS) OR THROUGH AN ALTERNATE METHOD ("ENERGIZE NEW YORK
MARKET POWER"). WITH RESPECT TO ENERGIZE NEW YORK MARKET POWER, THE
AUTHORITY MAY PROVIDE POWER THROUGH AN ALTERNATE METHOD IF THE COST IS
LOWER THAN THE COST OF POWER OBTAINED THROUGH A COMPETITIVE PROCUREMENT
PROCESS; PROVIDED, HOWEVER, THAT IF SUCH LOWER COST POWER COMES FROM
AUTHORITY SOURCES, THE USE OF THAT POWER SHALL NOT REDUCE THE AVAILABIL-
ITY OF, OR CAUSE AN INCREASE IN THE PRICE OF, POWER PROVIDED BY THE
AUTHORITY FOR ANY OTHER PROGRAM AUTHORIZED IN THIS ARTICLE OR PURSUANT
TO ANY OTHER STATUTE.
(C) NOTWITHSTANDING SECTION ONE THOUSAND NINE OF THIS TITLE OR ANY
OTHER PROVISION OF LAW TO THE CONTRARY, THE AUTHORITY IS AUTHORIZED,
BEGINNING JULY FIRST, TWO THOUSAND ELEVEN, TO MAKE AVAILABLE, CONTRACT
WITH AND SELL TO SUCH ELIGIBLE APPLICANTS AS ARE RECOMMENDED BY THE
ECONOMIC DEVELOPMENT POWER ALLOCATION BOARD UP TO NINE HUNDRED TEN MEGA-
WATTS OF ENERGIZE NEW YORK POWER FOR ENERGIZE NEW YORK POWER ALLO-
CATIONS. AN ENERGIZE NEW YORK POWER ALLOCATION SHALL CONSIST OF EQUAL
PARTS OF ENERGIZE NEW YORK HYDROPOWER AND ENERGIZE NEW YORK MARKET POWER
AS SUCH TERMS ARE DEFINED IN PARAGRAPH (B) OF THIS SUBDIVISION;
PROVIDED, HOWEVER, THAT PRIOR TO ENTERING INTO A CONTRACT WITH AN ELIGI-
BLE APPLICANT FOR THE SALE OF ENERGIZE NEW YORK POWER, AND PRIOR TO THE
PROVISION OF ELECTRIC SERVICE RELATING TO THE ENERGIZE NEW YORK POWER
ALLOCATION, THE AUTHORITY SHALL OFFER EACH ELIGIBLE APPLICANT THE OPTION
TO DECLINE TO PURCHASE THE ENERGIZE NEW YORK MARKET POWER COMPONENT OF
SUCH ALLOCATION. IF AN ELIGIBLE APPLICANT DECLINES TO PURCHASE SUCH
MARKET POWER FROM THE AUTHORITY, THE AUTHORITY SHALL HAVE NO RESPONSI-
BILITY FOR SUPPLYING SUCH MARKET POWER TO THE ELIGIBLE APPLICANT.
S 4. Section 1005 of the public authorities law is amended by adding a
new subdivision 13-b to read as follows:
13-B. RESIDENTIAL CONSUMER DISCOUNT PROGRAMS. (A) RESIDENTIAL CONSUM-
ER ELECTRICITY COST DISCOUNT. NOTWITHSTANDING ANY PROVISION OF THIS
TITLE OR ARTICLE SIX OF THE ECONOMIC DEVELOPMENT LAW TO THE CONTRARY,
THE AUTHORITY IS AUTHORIZED, AS DEEMED FEASIBLE AND ADVISABLE BY THE
TRUSTEES, TO USE REVENUES FROM THE SALE OF HYDROELECTRIC POWER, AND SUCH
OTHER FUNDS OF THE AUTHORITY AS DEEMED FEASIBLE AND ADVISABLE BY THE
TRUSTEES, TO FUND MONTHLY PAYMENTS TO BE MADE TO SUCH CLASSES OF ELEC-
TRICITY CONSUMERS, AS ENJOYED THE BENEFITS OF AUTHORITY HYDROELECTRIC
POWER WITHDRAWN PURSUANT TO SUBDIVISION THIRTEEN-A OF THIS SECTION, FOR
THE PURPOSE OF MITIGATING PRICE IMPACTS ASSOCIATED WITH THE REALLOCATION
OF SUCH POWER. SUCH MONTHLY PAYMENTS SHALL COMMENCE AFTER SUCH HYDRO-
ELECTRIC POWER IS WITHDRAWN. THE TOTAL ANNUAL AMOUNT OF MONTHLY
PAYMENTS FOR THE FIRST TWELVE MONTH PERIOD FOLLOWING WITHDRAWAL OF SUCH
HYRDOELECTRIC POWER, SHALL BE ONE HUNDRED MILLION DOLLARS. THE TOTAL
ANNUAL AMOUNT OF MONTHLY PAYMENTS FOR THE FIVE SUBSEQUENT TWELVE MONTH
PERIODS SHALL DECLINE BY FOURTEEN MILLION DOLLARS FROM EACH PRIOR YEAR.
THEREAFTER, THE TOTAL AMOUNT OF MONTHLY PAYMENTS FOR EACH TWELVE MONTH
PERIOD SHALL BE THIRTY MILLION DOLLARS. THE MONTHLY PAYMENT TO ANY ONE
CONSUMER SHALL NOT EXCEED THE TOTAL MONTHLY ELECTRIC UTILITY COST
INCURRED BY SUCH CONSUMER. THE TOTAL AMOUNT OF MONTHLY PAYMENTS SHALL
BE APPORTIONED BY THE AUTHORITY AMONG THE UTILITY CORPORATIONS THAT,
PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVISION, PURCHASED SUCH HYDRO-
ELECTRIC POWER FOR THE BENEFIT OF THEIR DOMESTIC AND RURAL CONSUMERS
ACCORDING TO THE RELATIVE AMOUNTS OF SUCH POWER PURCHASED BY SUCH COMPA-
S. 8065 7
NIES. MONTHLY PAYMENTS SHALL BE CREDITED TO THE ELECTRICITY BILLS OF
SUCH CORPORATIONS' DOMESTIC AND RURAL CONSUMERS IN A MANNER TO BE DETER-
MINED BY THE PUBLIC SERVICE COMMISSION OF THE STATE OF NEW YORK.
(B) AGRICULTURAL CONSUMER ELECTRICITY COST DISCOUNT. (1) BEGINNING
WITH THE SECOND TWELVE MONTH PERIOD AFTER SUCH HYDROELECTRIC POWER IS
WITHDRAWN, UP TO EIGHT MILLION DOLLARS OF THE RESIDENTIAL CONSUMER ELEC-
TRICITY COST DISCOUNT ESTABLISHED BY PARAGRAPH (A) OF THIS SUBDIVISION
SHALL BE DEDICATED FOR MONTHLY PAYMENTS TO AGRICULTURAL PRODUCERS WHO
RECEIVE ELECTRIC SERVICE AT THE RESIDENTIAL RATE. THE COMBINED MONTHLY
PAYMENT, UNDER THIS PARAGRAPH AND PARAGRAPH (A) OF THIS SUBDIVISION, TO
ANY ONE CONSUMER SHALL NOT EXCEED THE TOTAL MONTHLY ELECTRIC UTILITY
COST INCURRED BY SUCH CONSUMER. THE TOTAL AMOUNT OF MONTHLY PAYMENTS
SHALL BE APPORTIONED BY THE AUTHORITY AMONG THE UTILITY CORPORATIONS IN
THE SAME MANNER AS THEY ARE APPORTIONED IN PARAGRAPH (A) OF THIS SUBDI-
VISION. MONTHLY PAYMENTS SHALL BE CREDITED TO THE ELECTRICITY BILLS OF
SUCH CORPORATIONS' AGRICULTURAL CONSUMERS IN A MANNER TO BE DETERMINED
BY THE PUBLIC SERVICE COMMISSION OF THE STATE OF NEW YORK.
(2) THE AUTHORITY SHALL WORK COOPERATIVELY WITH THE DEPARTMENT OF
PUBLIC SERVICE TO EVALUATE THE AGRICULTURAL CONSUMER ELECTRICITY COST
DISCOUNT, WHICH SHALL INCLUDE AN ASSESSMENT OF THE BENEFITS TO RECIPI-
ENTS COMPARED TO THE BENEFITS THE RECIPIENTS RECEIVED FROM THE AUTHORI-
TY'S HYDROELECTRIC POWER, WITHDRAWN PURSUANT TO SUBDIVISION THIRTEEN-A
OF THIS SECTION, DURING THE TWELVE MONTH PERIOD ENDING DECEMBER THIRTY-
FIRST, TWO THOUSAND NINE, AND COMPARED TO OTHER AGRICULTURAL CONSUMERS
THAT DID NOT CHOOSE TO RECEIVE THE DISCOUNT.
S 5. Section 1005 of the public authorities law is amended by adding a
new subdivision 18 to read as follows:
18. FOR THE PURPOSE OF FURNISHING THE STATE WITH SYSTEMATIC INFORMA-
TION REGARDING THE STATUS AND THE ACTIVITIES OF THE AUTHORITY, THE
AUTHORITY SHALL SUBMIT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
SENATE, SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE AND
THE MINORITY LEADER OF THE ASSEMBLY, WITHIN NINETY DAYS AFTER THE END OF
ITS FISCAL YEAR, A COMPLETE AND DETAILED ANNUAL REPORT ON EACH ECONOMIC
DEVELOPMENT POWER PROGRAM IT ADMINISTERS. SUCH ANNUAL REPORT SHALL
INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING INFORMATION:
A. THE NUMBER OF RECIPIENTS OF ECONOMIC POWER PROGRAM BENEFITS, THE
ECONOMIC REGION IN WHICH EACH RECIPIENT IS LOCATED, THE TYPE AND AMOUNT
OF ASSISTANCE PROVIDED, MEGAWATTS OF ELECTRICITY AWARDED, LENGTH OF
CURRENT CONTRACT, CURRENT CONTRACT COMPLIANCE STATUS, LAST AUDIT, NUMBER
OF JOBS RETAINED AND/OR ADDED IN THE FISCAL YEAR, APPROXIMATE ENERGY
EFFICIENCY SAVINGS AND AMOUNT OF POWER REALLOCATED FROM PREVIOUS YEARS
DUE TO FORFEITED BENEFITS; AND
B. COST TO THE AUTHORITY TO PROVIDE ECONOMIC DEVELOPMENT POWER
PROGRAMS DURING THE PREVIOUS FISCAL YEAR.
S 6. Transitional electricity discount. Notwithstanding any provision
of title 1 of article 5 of the public authorities law or article 6 of
the economic development law to the contrary, with respect to applicants
who are in substantial compliance with all contractual commitments and
receiving benefits under the power for jobs, energy cost savings bene-
fit, economic development, high load factor or municipal distribution
agency programs, but would otherwise not receive a recommendation from
the New York state economic development power allocation board for an
energize New York power allocation pursuant to section 188-a of the
economic development law, such board shall recommend that the power
authority of the state of New York provide for a transitional electric-
ity discount to such applicants. The power authority of the state of New
S. 8065 8
York is authorized, as deemed feasible and advisable by the trustees, to
provide such transitional electricity discounts as recommended by the
New York State economic development power allocation board. The power
authority of the state of New York shall identify and advise such board
whether sufficient funds are available for the funding of such transi-
tional electricity discounts through June 30, 2015. The amount of the
transitional electricity discount for the period July 1, 2011 through
June 30, 2013 shall be equivalent to 66 percent of the unit (per kilo-
watt-hour) value of the savings received by the applicant under the
power for jobs or energy cost savings benefit programs during the 12
months ending on May 15, 2010. The amount of the transitional electric-
ity discount for the period July 1, 2013 through June 30, 2015 shall be
equivalent to 33 percent of the unit (per kilowatt-hour) value of the
savings received by the applicant under the power for jobs or energy
cost savings benefit programs during the 12 months ending on May 15,
2010.
S 7. Section 9 of chapter 316 of the laws of 1997 amending the public
authorities law and other laws relating to the provision of low cost
power to foster statewide economic development, as amended by chapter 88
of the laws of 2010, is amended to read as follows:
S 9. This act shall take effect immediately and shall expire and be
deemed repealed June [2, 2010] 30, 2011.
S 8. Section 11 of chapter 645 of the laws of 2006 amending the
economic development law and other laws relating to reauthorizing the
New York power authority to make contributions to the general fund, as
amended by chapter 88 of the laws of 2010, is amended to read as
follows:
S 11. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2006; provided,
however, that the amendments to section 183 of the economic development
law and subparagraph 2 of paragraph g of the ninth undesignated para-
graph of section 1005 of the public authorities law made by sections two
and six of this act shall not affect the expiration of such section and
subparagraph, respectively, and shall be deemed to expire therewith;
provided further, however, that the amendments to section 189 of the
economic development law and subdivision 9 of section 186-a of the tax
law made by sections three, four, five and ten of this act shall not
affect the repeal of such section and subdivision, respectively, and
shall be deemed to be repealed therewith; provided further, however,
that section seven of this act shall expire and be deemed repealed June
[2, 2010] 30, 2011.
S 9. Paragraphs 2 and 4 of subdivision (h) of section 183 of the
economic development law, as amended by chapter 88 of the laws of 2010,
are amended to read as follows:
2. During the period commencing on November first, two thousand five
and ending on June [second] THIRTIETH, two thousand [ten] ELEVEN eligi-
ble businesses shall only include customers served under the power
authority of the state of New York's high load factor, economic develop-
ment power and other business customers served by political subdivisions
of the state authorized by law to engage in the distribution of electric
power that were authorized to be served by the authority from the
authority's former James A. Fitzpatrick nuclear power plant as of the
effective date of this subdivision whose power prices may be subject to
increase before June [second] THIRTIETH, two thousand [ten] ELEVEN.
Provided, however, that the total amount of megawatts of replacement and
preservation power which, due to the extension of the energy cost
S. 8065 9
savings benefits, are not relinquished by or withdrawn from a recipient
shall be deemed to be relinquished or withdrawn for purposes of offering
such megawatts by the authority for reallocation pursuant to subdivision
thirteen of section one thousand five of the public authorities law.
Provided, further, that for any such reallocation, the authority shall
maintain the same energy cost savings benefit level for all eligible
businesses using any available authority resources as deemed feasible
and advisable by the trustees pursuant to section seven of part U of
chapter fifty-nine of the laws of two thousand six.
4. Applications for an energy cost savings benefit shall be in the
form and contain such information, exhibits and supporting data as the
board may prescribe. The board shall review the applications received
and shall determine the applications which best meet the criteria estab-
lished for the benefits pursuant to this subdivision and it shall recom-
mend such applications to the power authority of the state of New York
with such terms and conditions as it deems appropriate; provided, howev-
er, that for energy cost savings benefits granted on or after [June
thirtieth] MAY FIFTEENTH, two thousand [nine] TEN through June [second]
THIRTIETH, two thousand [ten] ELEVEN, the board shall expedite the
awarding of such benefits and shall defer the review of compliance with
such criteria until after the applicant has been awarded an energy cost
savings benefit. Such terms and conditions shall include reasonable
provisions providing for the partial or complete withdrawal of the ener-
gy cost savings benefit in the event the recipient fails to maintain
mutually agreed upon commitments that may include, but are not limited
to, levels of employment, capital investment and power utilization.
Recommendation for approval of an energy cost savings benefit shall
qualify an applicant to receive an energy cost savings benefit from the
power authority of the state of New York pursuant to the terms and
conditions of the recommendation.
S 10. The opening paragraph of paragraph 5 of subdivision (a) of
section 189 of the economic development law, as amended by chapter 88 of
the laws of 2010, is amended to read as follows:
"Power for jobs electricity savings reimbursements" shall mean
payments made by the power authority of the state of New York as recom-
mended by the board to recipients of allocations of power under phases
four and five of the power for jobs program for a period of time until
November thirtieth, two thousand four, subsequent to the expiration of
their phase four or five power for jobs contract provided however that
any power for jobs recipient may choose to receive an electricity
savings reimbursement as a substitute for a contract extension for the
period from the date the recipient's contract expires through June
[second] THIRTIETH, two thousand [ten] ELEVEN. The "basic reimbursement"
is an amount that when credited against the recipient's actual "unit
cost of electricity" during a quarter (meaning the cost for commodity
and delivery per kilowatt-hour for the quantity of electricity purchased
and delivered under the power for jobs program during a similar period
in the final year of the recipient's contract), results in an effective
unit cost of electricity during the quarter equal to the average unit
cost of electricity such recipient paid during the final year of the
contract for power allocated under phase four or five of the power for
jobs program, PROVIDED HOWEVER THAT NOTWITHSTANDING THE FOREGOING, FOR
THE PERIOD MAY SIXTEENTH, TWO THOUSAND TEN THROUGH JUNE THIRTIETH, TWO
THOUSAND ELEVEN, THE BASIC REIMBURSEMENT SHALL BE AN AMOUNT SUCH THAT
THE RECIPIENT RECEIVES UNIT (PER KILOWATT-HOUR) ELECTRICITY SAVINGS
S. 8065 10
EQUIVALENT TO THE AVERAGE UNIT ELECTRICITY SAVINGS RECEIVED DURING THE
TWELVE MONTHS ENDING ON MAY FIFTEENTH, TWO THOUSAND TEN.
S 11. Subdivisions (f) and (l) of section 189 of the economic develop-
ment law, as amended by chapter 88 of the laws of 2010, are amended to
read as follows:
(f) Eligibility. The board shall recommend applications for allo-
cations of power under the power for jobs program to or for the use of
businesses which normally utilize a minimum peak electric demand in
excess of four hundred kilowatts; provided, however, that up to one
hundred megawatts of power available for allocation during the initial
three phases of the power for jobs program may be recommended for allo-
cations to not-for-profit corporations and to small businesses; and,
provided, further that up to seventy-five megawatts of power available
for allocation during the fourth phase of the program may be recommended
for allocations to not-for-profit corporations and to small businesses.
The board may require small businesses that normally utilize a minimum
peak electric demand of less than one hundred kilowatts to aggregate
their electric demand in amounts of no less than one hundred kilowatts,
for the purposes of applying to the board for an allocation of power.
The board shall recommend allocations of the additional three hundred
megawatts available during the fourth phase of the program to any such
eligible applicant, including any recipient of power allocated during
the first phase of the program. The board shall recommend allocations of
the additional one hundred eighty-three megawatts available during the
fifth phase of the program to any eligible applicant, including any
recipient of power allocated during the second and third phases of the
program; provided, however, that the term of contracts for allocations
under the fifth phase of the program shall in no case extend beyond June
[second] THIRTIETH, two thousand [ten] ELEVEN. Notwithstanding any
provision of law to the contrary, and, in particular, the provisions of
this chapter concerning the terms of contracts for allocations under the
power for jobs program, the terms of any contract with a recipient of
power allocated under phase two of the power for jobs program that has
expired or will expire on or before the thirty-first day of August, two
thousand two, may be extended by the power authority of the state of New
York for an additional period of three months effective on the date of
such expiration, pending the filing and approval of an application by
such recipient for an allocation under the fifth phase of the program.
The term of any new contract with such recipient under the fifth phase
of the program shall be deemed to include any three month contract
extension made pursuant to this subdivision and the termination date of
any such new contract under phase five shall be no later than if such
new contract had commenced upon the expiration of the recipient's
original phase two contract. The terms of any contract with a recipient
of power allocated under phase four and/or phase five of the power for
jobs program that has expired or will expire on or before the thirty-
first day of December, two thousand five, may be extended by the power
authority of the state of New York from a date beginning no earlier than
the first day of December, two thousand four and extending through June
[second] THIRTIETH, two thousand [ten] ELEVEN.
(l) The board shall solicit and review applications for the power for
jobs electricity savings reimbursements and contract extensions from
recipients of power for jobs allocations under phases four and five of
the program for the award of such reimbursements and/or contract exten-
sions. The board may prescribe a simplified form and content for an
application for such reimbursements or extensions. An applicant shall be
S. 8065 11
eligible for such reimbursements and/or extensions only if it is in
compliance with and agrees to continue to meet the job retention and
creation commitments set forth in its prior power for jobs contract, or
such other commitments as the board deems reasonable; provided, however,
that for the power for jobs electricity savings reimbursements and
contract extensions granted on or after June thirtieth, two thousand
nine through June [second] THIRTIETH, two thousand [ten] ELEVEN, the
board shall expedite the awarding of such reimbursements and/or exten-
sions and shall defer the review of compliance with such commitments
until after the applicant has been awarded a power for jobs electricity
savings reimbursement and/or contract extension. The board shall review
such applications and make recommendations for the award: 1. of such
reimbursements through the power authority of the state of New York for
a period of time up to November thirtieth, two thousand four, and 2. of
such contract extensions or reimbursements as applied for by the recipi-
ent for a period of time beginning December first, two thousand four and
ending June [second] THIRTIETH, two thousand [ten] ELEVEN. At no time
shall a recipient receive both a reimbursement and extension after
December first, two thousand four. The power authority of the state of
New York shall receive notification from the board regarding the award
of power for jobs electricity savings reimbursements and/or contract
extensions.
S 12. Subdivision 9 of section 186-a of the tax law, as amended by
chapter 217 of the laws of 2009, is amended to read as follows:
9. Notwithstanding any other provision of this chapter or any other
law to the contrary, for taxable periods nineteen hundred ninety-seven
through and including two thousand [ten] ELEVEN, any utility which
delivers power under the power for jobs program, as established by
section one hundred eighty-nine of the economic development law, shall
be allowed a credit, subject to the limitations thereon contained in
this subdivision, against the tax imposed under this section equal to
net lost revenues from the delivery of power under such power for jobs
program. Net lost revenues means the "net receipts" less "net utility
revenue" from such delivery of power. For purposes of this subdivision,
"net receipts" shall mean the amount that the utility would have other-
wise received from customers receiving power pursuant to allocations by
the New York state economic development power allocation board in
accordance with section one hundred eighty-nine of the economic develop-
ment law, or from customers whose allocation has been transferred to an
energy service company, or from energy service companies to which such
allocation has been transferred, pursuant to its tariff supervised by
the public service commission for substantially comparable service
otherwise applicable to such customers or energy service companies in
the absence of such designation, less the utility's annual average
incremental short-term variable and capacity costs of providing such
power in the absence of such purchase. For the purposes of this subdivi-
sion, "net utility revenue" shall mean the revenues the utility actually
receives in accordance with such section one hundred eighty-nine from
such customers so designated by the New York state economic development
power allocation board or from customers whose allocation has been
transferred to an energy service company, or from the energy service
companies to which a power for jobs allocation has been transferred,
less the utility's cost of such power under such program. Provided,
however, that any credit under this section shall be used only with
respect to the same taxable year during which such credit arose and
shall not be capable of being carried forward or backward to any other
S. 8065 12
taxable period. Nor shall any credit be allowed to any utility for the
total amount of power, expressed in kilowatt hours, purchased by the
customers of such utility under such program during the taxable period
that exceeds the prorated "baseline energy use" by all customers of that
utility purchasing power under such program during the taxable period.
"Baseline energy use" with respect to each customer shall mean the larg-
est amount of kilowatt hours of energy used by such customer during any
twelve consecutive month period occurring during the preceding thirty
months immediately preceding the New York state economic development
power allocation board's recommendation of such customer's application,
prorated to reflect the length of time of the customer's participation
in such program during the taxable period. Provided further, however,
that in accordance with subdivision (k) of section one hundred eighty-
nine of the economic development law no tax credit shall be available
for any revenue losses when a utility has declined to purchase power
allocated for sale under such program. No electric corporation shall be
allowed the tax credit authorized by this subdivision until it shall
file a certificate from the department of public service for the period
covered by the return verifying that the calculation of such tax credit
complies with this subdivision and the department of public service has
approved such certificate and forwarded a copy of such approved certif-
icate to the commissioner or any amended certificate resulting from the
need for correction. The credit allowed by this subdivision shall not be
applicable in calculating any other tax imposed or authorized to be
imposed by this chapter or any other law, and the amount of the tax
surcharge imposed under section one hundred eighty-six-c of this article
shall be calculated and payable as if the credit provided for by this
subdivision were not allowed.
S 13. Subparagraph 2 of paragraph g of the ninth undesignated para-
graph of section 1005 of the public authorities law, as amended by chap-
ter 217 of the laws of 2009, is amended to read as follows:
2. The authority, as deemed feasible and advisable by the trustees, is
authorized to make payments to recipients of the power for jobs elec-
tricity savings reimbursements and additional annual voluntary contrib-
utions into the state treasury to the credit of the general fund. The
authority shall make such contributions to the state treasury no later
than ninety days after the end of the calendar year in which a credit
under subdivision nine of section one hundred eighty-six-a of the tax
law is available: (a) for the additional three hundred megawatts of
power under the fourth phase of the program provided under chapter
sixty-three of the laws of two thousand and under the fifth phase for
the additional one hundred eighty-three megawatts provided under chapter
two hundred twenty-six of the laws of two thousand two; and (b) for any
extension of any contract for allocations under the fourth phase of the
program and under the fifth phase of the program. Payments for any elec-
tricity savings reimbursement under section one hundred eighty-nine of
the economic development law shall be made pursuant to such section.
Such annual contributions shall be equal to fifty percent of the total
amount of such credits available each year to all local distributors of
electricity. In addition, such authorization for contribution in state
fiscal year two thousand two--two thousand three shall be equal to the
total amount of credit available in two thousand one and two thousand
two; and such authorization for contribution in state fiscal year two
thousand three--two thousand four shall be equal to the total amount of
credit available in two thousand three; under subdivision nine of
section one hundred eighty-six-a of the tax law under the fourth phase
S. 8065 13
of the program for the additional three hundred megawatts provided under
chapter sixty-three of the laws of two thousand and under the fifth
phase for the additional one hundred eighty-three megawatts provided
under chapter two hundred twenty-six of the laws of two thousand two. In
state fiscal year two thousand four--two thousand five, such authorized
annual contribution shall be equal to one hundred percent of the total
amount of such credits available each year to all local distributors of
electricity. Such authorization for contribution in state fiscal years
two thousand four and two thousand five shall be equal to the total
amount of credit available in two thousand four and two thousand five;
under subdivision nine of section one hundred eighty-six-a of the tax
law under the fourth phase of the program for the additional three
hundred megawatts provided under chapter sixty-three of the laws of two
thousand and under the fifth phase for the additional one hundred eight-
y-three megawatts provided under chapter two hundred twenty-six of the
laws of two thousand two. In addition, such authorization for contrib-
ution for any extension of any contract for allocations under the fourth
phase of the program and under the fifth phase of the program in each
state fiscal year shall be equal to the total amount of credit or
reimbursement available in state fiscal year two thousand four--two
thousand five, state fiscal year two thousand five--two thousand six and
two thousand six--two thousand seven. Additionally, notwithstanding any
other section of law, the authority is authorized to make a contribution
in an amount related to total amounts of credit received under phases
one, two, three, four and five of the program. In no case shall the
contribution for state fiscal year two thousand five--two thousand six
be less than seventy-five million dollars. The contribution for state
fiscal year two thousand six--two thousand seven shall be one hundred
million dollars. The contribution for state fiscal year two thousand
seven--two thousand eight shall be thirty million dollars. The contrib-
ution for state fiscal year two thousand eight--two thousand nine shall
be twenty-five million dollars. The contribution for state fiscal year
two thousand nine--two thousand ten shall be twelve million five hundred
thousand dollars. THE CONTRIBUTION FOR STATE FISCAL YEAR TWO THOUSAND
TEN--TWO THOUSAND ELEVEN SHALL BE SEVEN AND ONE-HALF MILLION DOLLARS.
The department of public service shall estimate the payment due by the
end of the calendar year in which the credit is available. In no case
shall the amount of the total annual contributions for the years during
which delivery and sale of power associated with all power for jobs
phases and any extensions thereof takes place exceed the aggregate total
of four hundred [sixty-one] SIXTY-NINE million [five hundred thousand]
dollars.
S 14. The opening paragraph of subdivision 5 of section 1005 of the
public authorities law, as amended by chapter 294 of the laws of 1968,
is amended to read as follows:
To develop, maintain, manage and operate those parts of the Niagara
and Saint Lawrence hydroelectric projects owned or controlled by it in
such manner as to give effect to the policy hereby declared (and all
plans and acts, and all contracts for the use, sale, transmission and
distribution of the power generated by such projects, shall be made in
the light of, consistent with and subject to this policy), namely, that
such projects shall be in all respects for the aid, improvement, and
benefit of commerce and navigation in, through, along and past the
Niagara river, the Saint Lawrence river and the international rapids
section thereof, and that in the development of hydro-electric power
therefrom such projects shall be considered primarily as for the benefit
S. 8065 14
of the people of the state as a whole [and particularly the domestic and
rural consumers to whom the power can economically be made available,
and accordingly that sale to and use by industry shall be a secondary
purpose, to be utilized principally to secure a sufficiently high load
factor and revenue returns to permit domestic and rural use at the
lowest possible rates and in such manner as to encourage increased
domestic and rural use of electricity]. In furtherance of this policy
and to secure a wider distribution of such power and use of the greatest
value to the general public of the state, the authority shall in addi-
tion to other methods which it may find advantageous make provision so
that municipalities and other political sub-divisions of the state now
or hereafter authorized by law to engage in the distribution of electric
power may secure a reasonable share of the power generated by such
projects, and shall sell the same or cause the same to be sold to such
municipalities and political subdivisions at prices representing cost of
generation, plus capital and operating charges, plus a fair cost of
transmission, all as determined by the trustees, and subject to condi-
tions which shall assure the resale of such power [to domestic and rural
consumers] at the lowest possible price, provided, however, that in
disposing of hydro-electric power pursuant to and in furtherance of the
aforementioned policy and purposes, appropriate provision may also be
made to allocate a reasonable share of project power to agencies created
or designated by other states and authorized to resell the power to
users under the same terms and conditions as power is disposed of in New
York state. To that end, the authority may provide in any contract or
contracts which it may make for the sale, transmission and distribution
of the power that the purchaser, transmitter or distributor shall
construct, maintain and operate, on such terms as the authority may deem
proper, such connecting lines as may be necessary for transmission of
the power from main transmission lines to such municipalities or poli-
tical subdivisions.
S 15. Subdivision 16 of section 1005 of the public authorities law, as
added by chapter 217 of the laws of 2009, is REPEALED.
S 16. Subdivision 16 of section 1005 of the public authorities law, as
added by chapter 477 of the laws of 2009, is renumbered subdivision 17,
and paragraph (a) of such subdivision is amended to read as follows:
(a) As deemed feasible and advisable by the trustees, to finance and
design, develop, construct, implement, provide and administer energy-re-
lated projects, programs and services for any public entity and any
recipient of the economic development power, expansion power, replace-
ment power, preservation power, high load factor power, municipal
distribution agency power, [and the] power for jobs, AND ENERGIZE NEW
YORK POWER programs administered by the authority. In establishing and
providing high performance and sustainable building programs and
services authorized by this subdivision, the authority is authorized to
consult standards, guidelines, rating systems, and/or criteria estab-
lished or adopted by other organizations, including but not limited to
the United States green building council under its leadership in energy
and environmental design (LEED) programs, the green building initi-
ative's green globes rating system, and the American National Standards
Institute. The source of any financing and/or loans provided by the
authority for the purposes of this subdivision may be the proceeds of
notes issued pursuant to section one thousand nine-a of this title, the
proceeds of bonds issued pursuant to section one thousand ten of this
title, or any other available authority funds.
S. 8065 15
S 17. Severability clause. If any clause, sentence, paragraph, subdi-
vision, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included therewith.
S 17-a. Notwithstanding the provisions of article 5 of the general
construction law, the provisions of chapter 316 of the laws of 1997 and
section 7 of chapter 645 of the laws of 2006 are hereby revived and
shall continue in full force and effect as such provisions existed on
May 15, 2010.
S 18. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after May 15, 2010; provided
that sections nine, ten and eleven of this act shall take effect on the
same date and in the same manner as chapter 88 of the laws of 2010,
takes effect; provided that:
a. the amendments to section 183 of the economic development law made
by section nine of this act shall not affect the expiration of such
section and shall be deemed to expire therewith;
b. the amendments to section 189 of the economic development law made
by sections ten and eleven of this act shall not affect the repeal of
such section and shall be deemed repealed therewith;
c. the amendments to subdivision 9 of section 186-a of the tax law
made by section twelve of this act shall not affect the repeal of such
subdivision and shall be deemed repealed therewith;
d. the amendments to subparagraph 2 of paragraph g of the 9th undesig-
nated paragraph of section 1005 of the public authorities law made by
section thirteen of this act shall not affect the expiration of such
subparagraph and shall be deemed to expire therewith; and
e. the amendments to paragraph (a) of subdivision 17 of section 1005
of the public authorities law, made by section sixteen of this act,
shall not affect the expiration of such subdivision and shall be deemed
to expire therewith.
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