Bill Text: NY A11522 | 2009-2010 | General Assembly | Introduced
Bill Title: Extends the expiration of the power for jobs program and the energy cost savings benefits program; creates the power solutions program to take over after the expiration of power for jobs and energy cost savings benefit programs.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-06-24 - reported referred to ways and means [A11522 Detail]
Download: New_York-2009-A11522-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
11522
I N A S S E M B L Y
June 21, 2010
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Cahill) --
read once and referred to the Committee on Energy
AN ACT to amend the economic development 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 develop-
ment; and to amend 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 benefits program and making certain provisions
permanent; to amend the economic development law, in relation to the
creation of the power solutions program; to amend the public authori-
ties law, in relation to payments under the power solutions program
and energy audits as a condition for an award under the economic
development power award; to amend the tax law, in relation to credits
for the power solution program; and providing for the repeal of
certain provisions upon the expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 182 of the economic development law, as amended by
2 chapter 289 of the laws of 2000, is amended to read as follows:
3 S 182. The New York state economic development power allocation board.
4 There is hereby created a New York state economic development power
5 allocation board, which shall possess the powers and duties herein spec-
6 ified and all the powers necessary or proper to carry out the purposes
7 of this article. The board shall consist of [four] TWELVE members, [two]
8 ONE OF WHOM SHALL BE THE PRESIDENT OF THE URBAN DEVELOPMENT CORPORATION
9 AND FIVE of whom shall be appointed by the governor [and one] TWO of
10 whom shall be appointed by the speaker of the assembly [and one], TWO of
11 whom shall be appointed by the president pro tempore of the senate, ONE
12 OF WHOM SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY AND
13 ONE OF WHOM SHALL BE APPOINTED BY THE MINORITY LEADER OF THE SENATE.
14 Each member shall be appointed for terms of three years or until a
15 successor shall have been named and qualified. The chairman shall be
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17482-04-0
A. 11522 2
1 [designated by the governor from amongst the members] THE PRESIDENT OF
2 THE URBAN DEVELOPMENT CORPORATION. [Three] SEVEN members shall consti-
3 tute a quorum for the purposes of organizing the board and conducting
4 the business thereof; and no actions of the board may be taken except
5 upon the affirmative vote of at least [three] SEVEN members. Videocon-
6 ferencing may be used for attendance and participation by members of the
7 board. If videoconferencing is used the board shall provide an opportu-
8 nity for the public to attend, listen and observe at any site at which a
9 member participates. The public notice for the meeting shall inform the
10 public that [vidioconferencing] VIDEOCONFERENCING will be used, identify
11 the locations for the meeting, and state that the public has the right
12 to attend the meeting at any of the locations. Members of the board,
13 except those who are employees or officers of the state, its authorities
14 or agencies shall not receive a salary or other compensation, but shall
15 be allowed the necessary and actual expenses incurred in the performance
16 of duties under this article.
17 S 2. The opening paragraph of paragraph 5 of subdivision (a) of
18 section 189 of the economic development law, as amended by chapter 88 of
19 the laws of 2010, is amended to read as follows:
20 "Power for jobs electricity savings reimbursements" shall mean
21 payments made by the power authority of the state of New York as recom-
22 mended by the board to recipients of allocations of power under phases
23 four and five of the power for jobs program for a period of time until
24 November thirtieth, two thousand four, subsequent to the expiration of
25 their phase four or five power for jobs contract provided however that
26 any power for jobs recipient may choose to receive an electricity
27 savings reimbursement as a substitute for a contract extension for the
28 period from the date the recipient's contract expires through [June
29 second] JUNE THIRTIETH, two thousand [ten] ELEVEN. The "basic reimburse-
30 ment" is an amount that when credited against the recipient's actual
31 "unit cost of electricity" during a quarter (meaning the cost for
32 commodity and delivery per kilowatt-hour for the quantity of electricity
33 purchased and delivered under the power for jobs program during a simi-
34 lar period in the final year of the recipient's contract), results in an
35 effective unit cost of electricity during the quarter equal to the aver-
36 age unit cost of electricity such recipient paid during the final year
37 of the contract for power allocated under phase four or five of the
38 power for jobs program.
39 S 3. Subdivisions (f) and (l) of section 189 of the economic develop-
40 ment law, as amended by chapter 88 of the laws of 2010, are amended to
41 read as follows:
42 (f) Eligibility. The board shall recommend applications for allo-
43 cations of power under the power for jobs program to or for the use of
44 businesses which normally utilize a minimum peak electric demand in
45 excess of four hundred kilowatts; provided, however, that up to one
46 hundred megawatts of power available for allocation during the initial
47 three phases of the power for jobs program may be recommended for allo-
48 cations to not-for-profit corporations and to small businesses; and,
49 provided, further that up to seventy-five megawatts of power available
50 for allocation during the fourth phase of the program may be recommended
51 for allocations to not-for-profit corporations and to small businesses.
52 The board may require small businesses that normally utilize a minimum
53 peak electric demand of less than one hundred kilowatts to aggregate
54 their electric demand in amounts of no less than one hundred kilowatts,
55 for the purposes of applying to the board for an allocation of power.
56 The board shall recommend allocations of the additional three hundred
A. 11522 3
1 megawatts available during the fourth phase of the program to any such
2 eligible applicant, including any recipient of power allocated during
3 the first phase of the program. The board shall recommend allocations of
4 the additional one hundred eighty-three megawatts available during the
5 fifth phase of the program to any eligible applicant, including any
6 recipient of power allocated during the second and third phases of the
7 program; provided, however, that the term of contracts for allocations
8 under the fifth phase of the program shall in no case extend beyond
9 [June second] JUNE THIRTIETH, two thousand [ten] ELEVEN. Notwithstanding
10 any provision of law to the contrary, and, in particular, the provisions
11 of this chapter concerning the terms of contracts for allocations under
12 the power for jobs program, the terms of any contract with a recipient
13 of power allocated under phase two of the power for jobs program that
14 has expired or will expire on or before the thirty-first day of August,
15 two thousand two, may be extended by the power authority of the state of
16 New York for an additional period of three months effective on the date
17 of such expiration, pending the filing and approval of an application by
18 such recipient for an allocation under the fifth phase of the program.
19 The term of any new contract with such recipient under the fifth phase
20 of the program shall be deemed to include any three month contract
21 extension made pursuant to this subdivision and the termination date of
22 any such new contract under phase five shall be no later than if such
23 new contract had commenced upon the expiration of the recipient's
24 original phase two contract. The terms of any contract with a recipient
25 of power allocated under phase four and/or phase five of the power for
26 jobs program that has expired or will expire on or before the thirty-
27 first day of December, two thousand five, may be extended by the power
28 authority of the state of New York from a date beginning no earlier than
29 the first day of December, two thousand four and extending through [June
30 second] JUNE THIRTIETH, two thousand [ten] ELEVEN.
31 (l) The board shall solicit and review applications for the power for
32 jobs electricity savings reimbursements and contract extensions from
33 recipients of power for jobs allocations under phases four and five of
34 the program for the award of such reimbursements and/or contract exten-
35 sions. The board may prescribe a simplified form and content for an
36 application for such reimbursements or extensions. An applicant shall be
37 eligible for such reimbursements and/or extensions only if it is in
38 compliance with and agrees to continue to meet the job retention and
39 creation commitments set forth in its prior power for jobs contract, or
40 such other commitments as the board deems reasonable; provided, however,
41 that for the power for jobs electricity savings reimbursements and
42 contract extensions granted on or after June thirtieth, two thousand
43 nine through [June second] JUNE THIRTIETH, two thousand [ten] ELEVEN,
44 the board shall expedite the awarding of such reimbursements and/or
45 extensions and shall defer the review of compliance with such commit-
46 ments until after the applicant has been awarded a power for jobs elec-
47 tricity savings reimbursement and/or contract extension. The board shall
48 review such applications and make recommendations for the award: 1. of
49 such reimbursements through the power authority of the state of New York
50 for a period of time up to November thirtieth, two thousand four, and 2.
51 of such contract extensions or reimbursements as applied for by the
52 recipient for a period of time beginning December first, two thousand
53 four and ending [June second] JUNE THIRTIETH, two thousand [ten] ELEVEN.
54 At no time shall a recipient receive both a reimbursement and extension
55 after December first, two thousand four. The power authority of the
56 state of New York shall receive notification from the board regarding
A. 11522 4
1 the award of power for jobs electricity savings reimbursements and/or
2 contract extensions.
3 S 4. Section 9 of chapter 316 of the laws of 1997 amending the public
4 authorities law and other laws relating to the provision of low cost
5 power to foster statewide economic development, as amended by chapter 88
6 of the laws of 2010, is amended to read as follows:
7 S 9. This act shall take effect immediately [and]; PROVIDED HOWEVER
8 THAT SECTIONS ONE, TWO, THREE, FIVE AND SIX OF THIS ACT shall expire and
9 be deemed repealed [June 2, 2010] JUNE 30, 2011.
10 S 5. Section 11 of chapter 645 of the laws of 2006 amending the
11 economic development law and other laws relating to reauthorizing the
12 New York power authority to make contributions to the general fund, as
13 amended by chapter 88 of the laws of 2010, is amended to read as
14 follows:
15 S 11. This act shall take effect immediately and shall be deemed to
16 have been in full force and effect on and after April 1, 2006; provided,
17 however, that the amendments to section 183 of the economic development
18 law and subparagraph 2 of paragraph g of the ninth undesignated para-
19 graph of section 1005 of the public authorities law made by sections two
20 and six of this act shall not affect the expiration of such section and
21 subparagraph, respectively, and shall be deemed to expire therewith;
22 provided further, however, that the amendments to section 189 of the
23 economic development law and subdivision 9 of section 186-a of the tax
24 law made by sections three, four, five and ten of this act shall not
25 affect the repeal of such section and subdivision, respectively, and
26 shall be deemed to be repealed therewith; provided further, however,
27 that section seven of this act shall expire and be deemed repealed [June
28 2, 2010] JUNE 30, 2011.
29 S 6. Section 183 of the economic development law, as amended by chap-
30 ter 316 of the laws of 1997, subdivision (g) as amended by chapter 226
31 of the laws of 2002, subdivision (h) as added by chapter 313 of the laws
32 of 2005 and paragraphs 2 and 4 of subdivision (h) as amended by chapter
33 88 of the laws of 2010, is amended to read as follows:
34 S 183. General powers and duties of the board. In furtherance of the
35 purposes set forth in this article, the board shall have the following
36 powers:
37 (a) To adopt, within one hundred twenty days after appointment, eligi-
38 bility criteria and rules and regulations, IN CONSULTATION WITH THE
39 POWER AUTHORITY OF THE STATE OF NEW YORK AND THE URBAN DEVELOPMENT
40 CORPORATION, relating to the activities of the board, AS DESCRIBED IN
41 THIS ARTICLE.
42 (b) To evaluate applications for allocations of economic development
43 power and of power under the power for jobs program AND THE POWER
44 SOLUTIONS PROGRAM and to make recommendations with respect to such
45 proposed allocations; PROVIDED HOWEVER, THAT THE BOARD SHALL NOT ACCEPT
46 ANY NEW APPLICATION THAT REQUESTS AN ALLOCATION OF POWER UNDER THE POWER
47 FOR JOBS PROGRAM AFTER JUNE THIRTIETH, TWO THOUSAND ELEVEN.
48 (c) To evaluate economic development plans for the use of industrial
49 incentive awards submitted by the power authority of the state of New
50 York pursuant to this article.
51 (d) To provide advice and assistance when appropriate to applicants on
52 state economic development programs and services in addition to the
53 economic development power and power under the power [for jobs]
54 SOLUTIONS program and industrial incentive awards specifically provided
55 for in this section.
A. 11522 5
1 (e) In consultation with the department of public service, to estab-
2 lish and develop guidelines for a competitive procurement process as
3 provided in subdivision (c) of section one hundred eighty-nine of this
4 article.
5 (f) TO SOLICIT APPLICATIONS FOR AWARDS UNDER THE POWER SOLUTIONS
6 PROGRAM, AND MAKE RECOMMENDATIONS TO THE POWER AUTHORITY OF THE STATE OF
7 NEW YORK FOR AWARDS UNDER SUCH PROGRAM IN THE MANNER AUTHORIZED IN
8 SECTION ONE HUNDRED EIGHTY-EIGHT-A OF THIS ARTICLE.
9 The [department, the] power authority of the state of New York, [the
10 urban development corporation, and all other state officers, depart-
11 ments, boards, divisions and commissions] WITH THE ASSISTANCE OF URBAN
12 DEVELOPMENT CORPORATION AND THE DEPARTMENT OF ECONOMIC DEVELOPMENT,
13 shall render such services to the board [within their respective func-
14 tions] as may be requested by the board. IN ADDITION, EVERY AGENCY,
15 DEPARTMENT, OFFICE, DIVISION OR PUBLIC AUTHORITY OF THIS STATE SHALL
16 COOPERATE WITH THE BOARD AND FURNISH SUCH INFORMATION AND ASSISTANCE AS
17 THE BOARD DETERMINES IS REASONABLY NECESSARY TO ACCOMPLISH ITS PURPOSE.
18 (g) [The] EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, THE board
19 shall solicit applications for economic development power and for power
20 under the power [for jobs] SOLUTIONS program by public notice. Such
21 notice shall be in the form of newspaper advertisements, press releases,
22 and by such other means as the board finds appropriate. Solicitations of
23 [preliminary] applications for power under the power [for jobs]
24 SOLUTIONS program shall begin [promptly after the effective date of
25 chapter three hundred sixteen of the laws of nineteen hundred ninety-
26 seven establishing such program. The board shall solicit applications
27 for the additional three hundred megawatts of power available during the
28 fourth phase of the program by public notice, written notification to
29 each recipient of power allocated during the first phase of the program,
30 and such other means as the board finds appropriate. Solicitations of
31 applications for such three hundred megawatts of power available in
32 phase four of the program shall begin promptly after the effective date
33 of part KK of chapter sixty-three of the laws of two thousand making
34 such power available. The board shall solicit applications for the addi-
35 tional one hundred eighty-three megawatts of power available during the
36 fifth phase of the program by public notice, written notification to
37 each recipient of power allocated during the second and third phases of
38 the program, and by such other means as the board finds appropriate.
39 Solicitations for such one hundred eighty-three megawatts of power
40 available in phase five of the program shall begin promptly after the
41 effective date of the chapter of the laws of two thousand two making
42 such power available] JANUARY THIRTY-FIRST, TWO THOUSAND ELEVEN.
43 (h) 1. The board shall solicit applications for and make recommenda-
44 tions for approval of energy cost savings benefits [in amounts made
45 available pursuant to the twelfth undesignated paragraph of section one
46 thousand five of the public authorities law] for the purpose of lowering
47 the cost of electricity to eligible businesses.
48 2. [During the period commencing] COMMENCING on November first, two
49 thousand five [and ending on June second, two thousand ten] eligible
50 businesses shall only include customers served under the power authority
51 of the state of New York's high load factor, economic development power
52 and other business customers served by political subdivisions of the
53 state authorized by law to engage in the distribution of electric power
54 [that were authorized to be served by the authority from the authority's
55 former James A. Fitzpatrick nuclear power plant as of the effective
56 date of this subdivision whose power prices may be subject to increase
A. 11522 6
1 before June second, two thousand ten. Provided, however, that the total
2 amount of megawatts of replacement and preservation power which, due to
3 the extension of the energy cost savings benefits, are not relinquished
4 by or withdrawn from a recipient shall be deemed to be relinquished or
5 withdrawn for purposes of offering such megawatts by the authority for
6 reallocation pursuant to subdivision thirteen of section one thousand
7 five of the public authorities law. Provided, further, that for any such
8 reallocation, the authority shall maintain the same energy cost savings
9 benefit level for all eligible businesses using any available authority
10 resources as deemed feasible and advisable by the trustees pursuant to
11 section seven of part U of chapter fifty-nine of the laws of two thou-
12 sand six].
13 3. Each application for an energy cost savings benefit shall be evalu-
14 ated under criteria adopted by the board in consultation with the power
15 authority of the state of New York, which criteria shall be designed to
16 promote economic development, maintain and develop jobs, and encourage
17 new capital investment throughout the state of New York. Such criteria
18 shall address but need not be limited to:
19 (a) the overall economic impact of the applicant in terms of the
20 number of jobs to be created or retained, average annual payroll, capi-
21 tal investment and use of New York state suppliers;
22 (b) the likelihood that in the absence of approval of an energy cost
23 savings benefit, the applicant would close, contract or relocate outside
24 the state of New York;
25 (c) the applicant's compliance with the commitment to retain and/or
26 create jobs contained in its prior power contract with the power author-
27 ity of the state of New York; and
28 (d) the extent to which an energy cost savings benefit will affect the
29 overall productivity or competitiveness of the applicant's business and
30 its existing employment within the state.
31 (E) THE EXTENT TO WHICH THE APPLICANT HAS PREVIOUSLY UNDERTAKEN ENERGY
32 AUDITS AND/OR INVESTED IN ENERGY EFFICIENCY MEASURES INCLUDING CONSIDER-
33 ATION OF THE TIMING OF SUCH AUDITS OR MEASURES, THE AMOUNT OF INVEST-
34 MENTS IN ENERGY EFFICIENCY RELATIVE TO THE SIZE, NATURE AND HISTORIC
35 ENERGY CONSUMPTION, AND OTHER CAPITAL INVESTMENTS OF THE BUSINESS, THE
36 RELATIVE IMPROVEMENT IN ENERGY EFFICIENCY AND/OR NET ENERGY OR FINANCIAL
37 SAVINGS RESULTING FROM SUCH INVESTMENTS, AND SUCH OTHER FACTORS AS THE
38 BOARD MAY CONSIDER APPROPRIATE, AND/OR THE EXTENT TO WHICH THE APPLICANT
39 WILL AGREE, IF RECOMMENDED BY THE BOARD, TO COMMIT TO MAKING COST EFFEC-
40 TIVE TANGIBLE INVESTMENTS IN ENERGY EFFICIENCY MEASURES;
41 (F) THE BOARD MAY ALSO CONSIDER THE EXTENT TO WHICH THE APPLICANT HAS
42 INVESTED IN ONSITE POWER GENERATION FOR COMBINED HEAT AND POWER AND/OR
43 DISTRIBUTED GENERATION PURPOSES OR WILL AGREE, IF RECOMMENDED BY THE
44 BOARD, TO CONSIDER MAKING COST EFFECTIVE TANGIBLE INVESTMENTS IN ONSITE
45 POWER GENERATION FOR COMBINED HEAT AND POWER AND/OR DISTRIBUTED GENER-
46 ATION PURPOSES AS IDENTIFIED PURSUANT TO SUBDIVISION SEVENTEEN OF
47 SECTION ONE THOUSAND FIVE OF THE PUBLIC AUTHORITIES LAW AS A CONDITION
48 TO RECEIVING AN AWARD; PROVIDED HOWEVER, THAT IN NO EVENT SHALL THE
49 ABSENCE OF SUCH INVESTMENT OR CONSIDERATION COUNT AGAINST THE APPLI-
50 CANT'S ELIGIBILITY FOR AN AWARD.
51 4. Applications for an energy cost savings benefit shall be in the
52 form and contain such information, exhibits and supporting data as the
53 board may prescribe. The board shall review the applications received
54 and shall determine the applications which best meet the criteria estab-
55 lished for the benefits pursuant to this subdivision and it shall recom-
56 mend such applications to the power authority of the state of New York
A. 11522 7
1 with such terms and conditions as it deems appropriate; provided, howev-
2 er, that for energy cost savings benefits granted on or after June thir-
3 tieth, two thousand nine through June second, two thousand ten, the
4 board shall expedite the awarding of such benefits and shall defer the
5 review of compliance with such criteria until after the applicant has
6 been awarded an energy cost savings benefit. Such terms and conditions
7 shall include reasonable provisions providing for the partial or
8 complete withdrawal of the energy cost savings benefit in the event the
9 recipient fails to maintain mutually agreed upon commitments that may
10 include, but are not limited to, levels of employment, capital invest-
11 ment, ENERGY EFFICIENCY MEASURES and power utilization. Recommendation
12 for approval of an energy cost savings benefit shall qualify an appli-
13 cant to receive an energy cost savings benefit from the power authority
14 of the state of New York pursuant to the terms and conditions of the
15 recommendation.
16 5. The transfer of an energy cost savings benefit shall be prohibited
17 unless specifically approved by the board as consistent with the crite-
18 ria established pursuant to this paragraph. Any transfer which occurs
19 without the board's approval shall be invalid and such transfer may
20 subject the recipient to revocation of its benefit and modification or
21 revocation of its contract.
22 S 7. The economic development law is amended by adding a new section
23 188-a to read as follows:
24 S 188-A. POWER SOLUTIONS PROGRAM. 1. DEFINITIONS. FOR THE PURPOSES OF
25 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
26 (A) "APPLICABLE CRITERIA" SHALL MEAN THE CRITERIA SPECIFIED IN SUBDI-
27 VISION THREE OF THIS SECTION.
28 (B) "AUTHORITY" SHALL MEAN THE POWER AUTHORITY OF THE STATE OF NEW
29 YORK.
30 (C) "POWER SOLUTIONS AWARD" OR "AWARD" SHALL MEAN AN ALLOCATION OF
31 POWER OR AN AWARD PAID BY THE AUTHORITY PURSUANT TO SECTION ONE THOUSAND
32 FIVE OF THE PUBLIC AUTHORITIES LAW IN THE FORM OF AN ELECTRIC BILL CRED-
33 IT ON THE INVOICE PROVIDED BY THE RECIPIENT'S LOCAL DISTRIBUTOR OF ELEC-
34 TRIC SERVICE PURSUANT TO THE POWER SOLUTIONS PROGRAM CREATED BY THIS
35 SECTION AND/OR THE PROVISION OF ENERGY RELATED PROJECTS, PROGRAMS AND
36 SERVICES AS DEFINED IN SUBDIVISION SIXTEEN OF SECTION ONE THOUSAND FIVE
37 OF THE PUBLIC AUTHORITIES LAW.
38 (D) "ELIGIBLE APPLICANT" SHALL MEAN AN ELIGIBLE BUSINESS, ELIGIBLE
39 SMALL BUSINESS, OR ELIGIBLE NOT-FOR-PROFIT CORPORATION AS DEFINED IN
40 THIS SECTION.
41 (E) "ELIGIBLE BUSINESS" SHALL MEAN A BUSINESS OTHER THAN A
42 NOT-FOR-PROFIT CORPORATION WHICH NORMALLY UTILIZES A MINIMUM PEAK ELEC-
43 TRIC DEMAND IN EXCESS OF FOUR HUNDRED KILOWATTS.
44 (F) "ELIGIBLE SMALL BUSINESS" SHALL MEAN A BUSINESS OTHER THAN A NOT-
45 FOR-PROFIT CORPORATION WHICH NORMALLY UTILIZES A MINIMUM PEAK ELECTRIC
46 DEMAND EQUAL TO OR LESS THAN FOUR HUNDRED KILOWATTS.
47 (G) "LOCAL DISTRIBUTOR OF ELECTRIC SERVICE" SHALL MEAN AN ELECTRIC
48 CORPORATION AS DEFINED IN SUBDIVISION THIRTEEN OF SECTION TWO OF THE
49 PUBLIC SERVICE LAW OR THE LONG ISLAND POWER AUTHORITY.
50 (H) "ELIGIBLE NOT-FOR-PROFIT CORPORATION" SHALL MEAN A CORPORATION
51 DEFINED IN SUBDIVISION FIVE OF SECTION ONE HUNDRED TWO OF THE
52 NOT-FOR-PROFIT CORPORATION LAW.
53 2. APPLICATIONS. (A) THE BOARD SHALL SOLICIT APPLICATIONS FOR AWARDS
54 UNDER THE POWER SOLUTIONS PROGRAM BY PUBLIC NOTICE BEGINNING ON JANUARY
55 THIRTY-FIRST, TWO THOUSAND ELEVEN; PROVIDED, HOWEVER, THAT FOR POWER
56 SOLUTIONS PROGRAM AWARDS AND EXTENSIONS GRANTED ON OR AFTER JUNE THIRTI-
A. 11522 8
1 ETH, TWO THOUSAND SEVENTEEN THROUGH JUNE THIRTIETH, TWO THOUSAND EIGH-
2 TEEN, THE BOARD SHALL EXPEDITE THE AWARDING OF SUCH AWARDS AND/OR EXTEN-
3 SIONS AND SHALL DEFER THE REVIEW OF COMPLIANCE WITH SUCH COMMITMENTS
4 UNTIL AFTER THE APPLICANT HAS BEEN AWARDED A POWER SOLUTIONS PROGRAM
5 AWARD AND/OR CONTRACT EXTENSION; PROVIDED FURTHER, HOWEVER, THAT THE
6 BOARD SHALL NOT ACCEPT ANY NEW APPLICATION THAT REQUESTS AN ALLOCATION
7 OF POWER UNDER THE POWER SOLUTIONS PROGRAM AFTER JUNE THIRTIETH, TWO
8 THOUSAND EIGHTEEN. SUCH NOTICE MAY INCLUDE NEWSPAPER ADVERTISEMENTS,
9 PRESS RELEASES, WEBSITE POSTINGS, PAPER OR ELECTRONIC MAILING, AND/OR
10 SUCH OTHER FORM AS THE BOARD FINDS APPROPRIATE IN CONSULTATION WITH THE
11 AUTHORITY.
12 (B) APPLICATIONS FOR THE POWER SOLUTIONS PROGRAM SHALL BE IN THE FORM
13 AND CONTAIN SUCH INFORMATION, EXHIBITS AND SUPPORTING DATA AS THE BOARD
14 PRESCRIBES IN CONSULTATION WITH THE AUTHORITY. A COPY OF EACH APPLICA-
15 TION RECEIVED SHALL BE MADE AVAILABLE FOR REVIEW BY EACH BOARD MEMBER.
16 (C) SUBJECT TO CONFIDENTIALITY REQUIREMENTS, UPON RECEIPT OF EACH
17 APPLICATION BY THE AUTHORITY, THE AUTHORITY SHALL PROMPTLY NOTIFY BY
18 ELECTRONIC MEANS THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, THE MINORITY
19 LEADER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, THE
20 MINORITY LEADER OF THE SENATE, AND EACH MEMBER OF THE STATE LEGISLATURE
21 IN WHOSE DISTRICT ANY PORTION OF THE FACILITY OWNED OR OPERATED BY THE
22 APPLICANT IS LOCATED. SUCH NOTICE SHALL PROVIDE THE NAME AND A
23 DESCRIPTION OF THE APPLICANT, AND THE ADDRESS OF THE APPLICANT'S FACILI-
24 TIES THAT WOULD RECEIVE AN AWARD UNDER THE PROGRAM. THE AUTHORITY SHALL
25 ALSO DEVELOP A LISTING WHICH CONTAINS THE NAME AND A DESCRIPTION OF EACH
26 APPLICANT, THE AWARD SOUGHT BY EACH APPLICANT, AND THE ADDRESS OF THE
27 FACILITIES FOR WHICH THE APPLICANT SEEKS THE AWARD, AND MAKE THE LISTING
28 AVAILABLE FOR PUBLIC REVIEW ON THE AUTHORITY'S WEBSITE.
29 3. REVIEW, APPLICABLE CRITERIA AND RECOMMENDATIONS. (A) THE BOARD
30 SHALL REVIEW APPLICATIONS SUBMITTED UNDER THE POWER SOLUTIONS PROGRAM.
31 THE BOARD SHALL MAKE AN INITIAL DETERMINATION OF WHETHER THE APPLICANT
32 IS AN ELIGIBLE APPLICANT. THE BOARD MAY RECOMMEND TO THE AUTHORITY THAT
33 A POWER SOLUTIONS PROGRAM AWARD BE AWARDED TO AN APPLICANT BASED ON AN
34 APPLICATION OF THE FOLLOWING CRITERIA:
35 (I) THE SIGNIFICANCE OF THE COST OF ELECTRICITY TO THE APPLICANT'S
36 OVERALL COST OF DOING BUSINESS, AND THE IMPACT THAT A POWER SOLUTIONS
37 AWARD WILL HAVE ON THE APPLICANT'S OPERATING COSTS;
38 (II) THE EXTENT TO WHICH A POWER SOLUTIONS AWARD WILL RESULT IN NEW
39 CAPITAL INVESTMENT IN THE STATE BY THE APPLICANT, THE EXTENT TO WHICH
40 THE APPLICANT WILL AGREE TO COMMIT TO MAKING NEW CAPITAL INVESTMENT AS A
41 CONDITION TO RECEIVING A POWER SOLUTIONS AWARD, AND ANY PREVIOUS CAPITAL
42 INVESTMENT UNDERTAKEN BY THE APPLICANT UNDER OTHER ECONOMIC DEVELOPMENT
43 PROGRAMS WHERE APPLICABLE;
44 (III) THE SIZE OF THE APPLICANT'S TOTAL PAYROLL (SALARY, BENEFITS AND
45 THE NUMBER OF JOBS) WITHIN THE STATE AND AT THE FACILITY THAT WOULD
46 RECEIVE THE AWARD;
47 (IV) THE NUMBER OF JOBS THAT WILL BE CREATED OR RETAINED WITHIN THE
48 STATE IN RELATION TO THE REQUESTED POWER SOLUTIONS AWARD, AND THE EXTENT
49 TO WHICH THE APPLICANT WILL AGREE TO COMMIT TO CREATING OR RETAINING
50 SUCH JOBS AS A CONDITION TO RECEIVING A POWER SOLUTIONS AWARD;
51 (V) WHETHER THE APPLICANT, DUE TO THE HIGH COST OF ELECTRICITY, IS AT
52 RISK OF CLOSING FACILITIES OR OPERATIONS IN THE STATE, RELOCATING FACIL-
53 ITIES OR OPERATIONS OUT OF THE STATE, OR LOSING A SIGNIFICANT NUMBER OF
54 JOBS IN THE STATE, IN THE ABSENCE OF A POWER SOLUTIONS AWARD;
A. 11522 9
1 (VI) THE SIGNIFICANCE OF THE APPLICANT'S FACILITY THAT WOULD RECEIVE
2 THE BENEFIT OF THE AWARD TO THE ECONOMY OF THE AREA IN WHICH SUCH FACIL-
3 ITY IS LOCATED;
4 (VII) THE EXTENT TO WHICH THE APPLICANT HAS PREVIOUSLY UNDERTAKEN
5 ENERGY AUDITS AND/OR INVESTED IN ENERGY EFFICIENCY MEASURES INCLUDING
6 CONSIDERATION OF THE TIMING OF SUCH AUDITS OR MEASURES, THE AMOUNT OF
7 INVESTMENTS IN ENERGY EFFICIENCY RELATIVE TO THE SIZE, NATURE AND
8 HISTORIC ENERGY CONSUMPTION, AND OTHER CAPITAL INVESTMENTS OF THE BUSI-
9 NESS, THE RELATIVE IMPROVEMENT IN ENERGY EFFICIENCY AND/OR NET ENERGY OR
10 FINANCIAL SAVINGS RESULTING FROM SUCH INVESTMENTS, AND SUCH OTHER
11 FACTORS AS THE BOARD MAY CONSIDER APPROPRIATE, AND/OR THE EXTENT TO
12 WHICH THE APPLICANT WILL AGREE, IF RECOMMENDED BY THE BOARD, TO COMMIT
13 TO MAKING COST EFFECTIVE TANGIBLE INVESTMENTS IN ENERGY EFFICIENCY MEAS-
14 URES;
15 (VIII) THE EXTENT TO WHICH THE APPLICANT'S OPERATIONS ARE CONSISTENT
16 WITH THE POLICIES AND GOALS OF THE STATE ENERGY PLAN;
17 (IX) THE EXTENT TO WHICH THE APPLICANT PREVIOUSLY RECEIVED BENEFITS
18 UNDER OTHER POWER-RELATED PROGRAMS OF THE AUTHORITY, AND THE APPLICANT'S
19 PRIOR PERFORMANCE UNDER SUCH PROGRAMS WHERE APPLICABLE;
20 (X) IN THE CASE OF A NOT-FOR-PROFIT CORPORATION, WHETHER IT PROVIDES
21 CRITICAL SERVICES OR SUBSTANTIAL BENEFITS TO THE LOCAL COMMUNITY;
22 (XI) THE EXTENT TO WHICH AN AWARD IS CONSISTENT WITH STATE, REGIONAL
23 AND LOCAL ECONOMIC DEVELOPMENT STRATEGIES IN THE AREA IN WHICH THE BUSI-
24 NESS IS LOCATED OR TO BE LOCATED;
25 (XII) THE EXTENT TO WHICH AN AWARD MIGHT RESULT IN INEQUITY FOR AN
26 APPLICANT AS COMPARED TO ITS COMPETITORS WITHIN THE STATE;
27 (XIII) IMPACT OF CURRENT ECONOMIC CONDITIONS ON THE APPLICANT;
28 (XIV) THE BOARD MAY ALSO CONSIDER THE EXTENT TO WHICH THE APPLICANT
29 HAS INVESTED IN ONSITE POWER GENERATION FOR COMBINED HEAT AND POWER
30 AND/OR DISTRIBUTED GENERATION PURPOSES OR WILL AGREE, IF RECOMMENDED BY
31 THE BOARD, TO CONSIDER MAKING COST EFFECTIVE TANGIBLE INVESTMENTS IN
32 ONSITE POWER GENERATION FOR COMBINED HEAT AND POWER AND/OR DISTRIBUTED
33 GENERATION PURPOSES AS IDENTIFIED PURSUANT TO SUBDIVISION SEVENTEEN OF
34 SECTION ONE THOUSAND FIVE OF THE PUBLIC AUTHORITIES LAW AS A CONDITION
35 TO RECEIVING AN AWARD; PROVIDED HOWEVER, THAT IN NO EVENT SHALL THE
36 ABSENCE OF SUCH INVESTMENT OR CONSIDERATION COUNT AGAINST THE APPLI-
37 CANT'S ELIGIBILITY FOR AN AWARD; AND
38 (XV) THE EXTENT OF THE APPLICANT'S APPLICANT'S WILLINGNESS TO MAKE
39 JOBS AVAILABLE TO PERSONS DEFINED AS ELIGIBLE FOR SERVICES UNDER THE
40 FEDERAL WORKFORCE INVESTMENT ACT (P.L. 105-220) AND THE EXTENT OF THE
41 APPLICANT'S WILLINGNESS TO ENHANCE, TO THE DEGREE PRACTICABLE, THE
42 PARTICIPATION OF SMALL BUSINESS CONCERNS AND MINORITY AND WOMEN-OWNED
43 BUSINESSES CERTIFIED PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW;
44 AND
45 (B) A RECOMMENDATION BY THE BOARD THAT THE AUTHORITY PROVIDE A POWER
46 SOLUTIONS PROGRAM AWARD TO AN ELIGIBLE APPLICANT SHALL INCLUDE: (1) A
47 DESCRIPTION OF THE AWARD THAT THE BOARD HAS DETERMINED SHOULD BE AWARDED
48 TO SUCH APPLICANT, PROVIDED HOWEVER, THAT THE BOARD MAY RECOMMEND AN
49 AWARD THAT DIFFERS FROM THE AWARD REQUESTED BY AN ELIGIBLE APPLICANT;
50 (2) AN EFFECTIVE TERM OF CONTRACT BETWEEN THE ELIGIBLE APPLICANT AND THE
51 AUTHORITY WHICH MAY BE FOR MULTIPLE YEARS, PROVIDED HOWEVER THAT THE
52 TERM OF ANY SUCH CONTRACT SHALL NOT BECOME EFFECTIVE BEFORE JULY FIRST,
53 TWO THOUSAND ELEVEN; AND (3) SUCH OTHER TERMS AND CONDITIONS THAT THE
54 BOARD RECOMMENDS AS APPROPRIATE. SUCH TERMS AND CONDITIONS SHALL INCLUDE
55 PROVISIONS FOR EFFECTIVE PERIODIC AUDITS OF PROGRAM PARTICIPANTS FOR THE
56 PURPOSE OF DETERMINING CONTRACT AND PROGRAM COMPLIANCE, AND THE PARTIAL
A. 11522 10
1 OR COMPLETE WITHDRAWAL OF A POWER SOLUTIONS PROGRAM AWARD IN THE CASE OF
2 A PROGRAM PARTICIPANT THAT FAILS TO MAINTAIN MUTUALLY AGREED UPON
3 COMMITMENTS, INCLUDING BUT NOT LIMITED TO LEVELS OF EMPLOYMENT, POWER
4 UTILIZATION, CAPITAL INVESTMENTS, AND ENERGY EFFICIENCY MEASURES.
5 (C) WHEN DETERMINING THE LENGTH OF A CONTRACT OFFERED TO AN APPLICANT
6 PURSUANT TO THIS SECTION, THE BOARD SHALL CONSIDER THE EXTENT OF AN
7 APPLICANT'S COMMITMENT TOWARDS NEW CAPITAL INVESTMENT AND ENERGY EFFI-
8 CIENCY MEASURES.
9 (D) THE BOARD MAY BASE ITS RECOMMENDATION ON WHICH ELIGIBLE APPLICANTS
10 IT DETERMINES BEST MEET THE APPLICABLE CRITERIA; PROVIDED HOWEVER THAT
11 THE BOARD SHALL SET ASIDE A PORTION OF THE BENEFITS AVAILABLE UNDER THE
12 POWER SOLUTIONS PROGRAM IN AN AMOUNT NOT LESS THAN ONE HUNDRED MEGAWATTS
13 FOR ELIGIBLE SMALL BUSINESSES AND ELIGIBLE NOT-FOR-PROFIT CORPORATIONS.
14 (E) A RECOMMENDATION FOR A POWER SOLUTIONS PROGRAM AWARD SHALL QUALIFY
15 AN APPLICANT TO ENTER INTO A CONTRACT WITH THE AUTHORITY TO RECEIVE SUCH
16 AWARD FROM THE AUTHORITY PURSUANT TO THE TERMS AND CONDITIONS OF THE
17 RECOMMENDATION OR ON SUCH OTHER TERMS AS THE AUTHORITY IN CONSULTATION
18 WITH THE BOARD DETERMINES TO BE APPROPRIATE INCLUDING SUCH TERMS THAT
19 MAY BE DEEMED APPROPRIATE AND/OR NECESSARY AS A RESULT OF THE FINDINGS
20 OF AN ENERGY AUDIT CONDUCTED PURSUANT TO SUBDIVISION SEVENTEEN OF
21 SECTION ONE THOUSAND FIVE OF THE PUBLIC AUTHORITIES LAW. PROVIDED THAT
22 AN APPLICANT'S FAILURE TO COMPLY WITH TERMS DEEMED NECESSARY AS A RESULT
23 OF THE FINDINGS OF SUCH AUDIT SHALL BE A BASIS TO FORFEIT AN AWARD
24 PROVIDED BY SUCH CONTRACT. IN THE EVENT THAT THE AWARD INCLUDES THE
25 PROVISION OF ENERGY RELATED PROJECTS, PROGRAMS AND SERVICES AS DEFINED
26 IN SUBDIVISION SIXTEEN OF SECTION ONE THOUSAND FIVE OF THE PUBLIC
27 AUTHORITIES LAW, THE CONTRACT SHALL ALLOW FOR REIMBURSEMENT FOR COSTS TO
28 AN ENTITY OTHER THAN THE POWER AUTHORITY OF THE STATE OF NEW YORK SO
29 LONG AS SUCH COSTS ARE DEEMED REASONABLE AND APPROPRIATE. SUCH
30 CONTRACTS SHALL PROVIDE THAT THE LOCAL DISTRIBUTOR OF ELECTRIC SERVICE
31 WILL PROVIDE CUSTOMER AND BILLING SERVICES UPON MUTUALLY AGREED TERMS
32 AND CONDITIONS.
33 (F) UPON APPROVAL OR DENIAL OF ANY APPLICATION FOR A POWER SOLUTIONS
34 PROGRAM AWARD, THE BOARD SHALL ISSUE IN WRITING A STATEMENT OF ITS FIND-
35 INGS AND CONCLUSIONS WITH RESPECT TO SUCH APPLICATION AND THE REASONS
36 FOR ITS APPROVAL OR DENIAL.
37 (G) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, WITH RESPECT
38 TO APPLICANTS WHO AS OF JUNE FIRST, TWO THOUSAND ELEVEN, ARE IN SUBSTAN-
39 TIAL COMPLIANCE WITH ALL CONTRACTUAL COMMITMENTS AND RECEIVING BENEFITS
40 UNDER THE POWER FOR JOBS PROGRAM, BUT WOULD OTHERWISE NOT RECEIVE A
41 RECOMMENDATION FROM THE BOARD FOR A POWER SOLUTIONS PROGRAM AWARD, THE
42 BOARD SHALL RECOMMEND AND THE AUTHORITY SHALL PROVIDE AN AWARD OF THE
43 POWER SOLUTIONS PROGRAM AND SHALL PHASE OUT SUCH AWARD OVER A PERIOD NOT
44 TO EXCEED TWO YEARS ON THE FOLLOWING TERMS: IN THE FIRST YEAR, THE AWARD
45 SHALL BE IN AN AMOUNT THAT IS EQUAL TO SIXTY-SIX PERCENT OF THE VALUE OF
46 SUCH BENEFIT RECEIVED IN THE PRECEDING TWELVE MONTHS, AND IN THE SECOND
47 YEAR THE AWARD SHALL BE EQUAL TO THIRTY-THREE PERCENT OF THE VALUE OF
48 SUCH BENEFIT. NOTHING HEREIN SHALL PROHIBIT OR IN ANY WAY LIMIT ANY
49 APPLICANTS WHO ARE IN SUBSTANTIAL COMPLIANCE WITH ALL CONTRACTUAL
50 COMMITMENTS AND RECEIVING BENEFITS UNDER THE POWER FOR JOBS PROGRAM
51 WHETHER OR NOT THEY ARE SUBJECT TO AN AWARD PHASE OUT PURSUANT TO THIS
52 PARAGRAPH, FROM APPLYING FOR OR RECEIVING A POWER SOLUTIONS AWARD FOR
53 WHICH THEY WOULD OTHERWISE QUALIFY, PROVIDED HOWEVER THAT THE RECEIPT OF
54 AN ECONOMIC BENEFIT POWER AWARD BY AN APPLICANT SHALL BAR ANY FURTHER
55 ELIGIBILITY FOR AN AWARD PHASE OUT, AND NO APPLICANT SHALL RECEIVE BOTH
A. 11522 11
1 A POWER SOLUTIONS AWARD AND AN AWARD PHASE OUT PURSUANT TO THIS PARA-
2 GRAPH FOR THE SAME CALENDAR OR BILLING PERIOD.
3 (H) THE BOARD SHALL NOT RECOMMEND POWER SOLUTIONS PROGRAM AWARDS UNDER
4 THE POWER SOLUTIONS PROGRAM IN EXCESS OF FOUR HUNDRED EIGHTY-THREE MEGA-
5 WATTS OF ELECTRICITY. ANY POWER SOLUTIONS AWARD WHICH IS RELINQUISHED
6 OR WITHDRAWN SHALL BE AVAILABLE FOR REALLOCATION TO ELIGIBLE APPLICANTS.
7 (I) (1) THE BOARD SHALL SUBMIT TO THE DIRECTOR OF THE BUDGET, THE
8 CHAIRPERSON OF THE SENATE FINANCE COMMITTEE AND THE CHAIRPERSON OF THE
9 ASSEMBLY WAYS AND MEANS COMMITTEE AN EVALUATION OF THE SUCCESS OF EACH
10 ECONOMIC DEVELOPMENT POWER PROGRAM IT ADMINISTERS. SUCH EVALUATION
11 SHALL DETERMINE WHETHER THE SERVICES PROVIDED HAVE HELPED RECIPIENTS TO
12 SUCCEED, BASED ON A COMPARISON OF THE PERFORMANCE OF THE RECIPIENTS
13 AGAINST THE NORMS OF THEIR SPECIFIC INDUSTRY, AND SHALL ASSESS THE
14 EFFECTIVENESS, IF ANY, OF EACH ECONOMIC DEVELOPMENT POWER PROGRAM. SUCH
15 AN EVALUATION SHALL BE SUBMITTED BY JUNE THIRTIETH, TWO THOUSAND TWELVE
16 AND BY JUNE THIRTIETH EVERY TWO YEARS THEREAFTER.
17 (2) BETWEEN EVALUATION DUE DATES, THE BOARD SHALL MAINTAIN THE NECES-
18 SARY RECORDS AND DATA REQUIRED TO SATISFY SUCH EVALUATION REQUIREMENTS
19 AND TO SATISFY INFORMATION REQUESTS RECEIVED FROM THE DIRECTOR OF THE
20 BUDGET, THE CHAIRPERSON OF THE SENATE FINANCE COMMITTEE AND THE CHAIR-
21 PERSON OF THE ASSEMBLY WAYS AND MEANS COMMITTEE BETWEEN SUCH EVALUATION
22 DUE DATES.
23 S 8. Subparagraph 2 of paragraph g of the ninth undesignated paragraph
24 of section 1005 of the public authorities law, as amended by chapter 217
25 of the laws of 2009, is amended to read as follows:
26 2. The authority, as deemed feasible and advisable by the trustees, is
27 authorized to make payments to recipients of the power for jobs elec-
28 tricity savings reimbursements, POWER SOLUTIONS PROGRAM ELECTRICITY
29 SAVINGS REIMBURSEMENTS AND/OR PAYMENTS and additional annual voluntary
30 contributions into the state treasury to the credit of the general fund.
31 The authority shall make such contributions to the state treasury no
32 later than ninety days after the end of the calendar year in which a
33 credit under subdivision nine of section one hundred eighty-six-a of the
34 tax law is available: (a) for the additional three hundred megawatts of
35 power under the fourth phase of the program provided under chapter
36 sixty-three of the laws of two thousand and under the fifth phase for
37 the additional one hundred eighty-three megawatts provided under chapter
38 two hundred twenty-six of the laws of two thousand two; [and] (b) for
39 any extension of any contract for allocations under the fourth phase of
40 the program and under the fifth phase of the program; AND (C) FOR MEGA-
41 WATTS ALLOCATED UNDER THE POWER SOLUTIONS PROGRAM. Payments for any
42 electricity savings reimbursement under section one hundred eighty-nine
43 OR ONE HUNDRED EIGHTY-EIGHT-A of the economic development law shall be
44 made pursuant to such section. Such annual contributions shall be equal
45 to fifty percent of the total amount of such credits available each year
46 to all local distributors of electricity. In addition, such authori-
47 zation for contribution in state fiscal year two thousand two--two thou-
48 sand three shall be equal to the total amount of credit available in two
49 thousand one and two thousand two; and such authorization for contrib-
50 ution in state fiscal year two thousand three--two thousand four shall
51 be equal to the total amount of credit available in two thousand three;
52 under subdivision nine of section one hundred eighty-six-a of the tax
53 law under the fourth phase of the program for the additional three
54 hundred megawatts provided under chapter sixty-three of the laws of two
55 thousand and under the fifth phase for the additional one hundred eight-
56 y-three megawatts provided under chapter two hundred twenty-six of the
A. 11522 12
1 laws of two thousand two. In state fiscal year two thousand four--two
2 thousand five, such authorized annual contribution shall be equal to one
3 hundred percent of the total amount of such credits available each year
4 to all local distributors of electricity. Such authorization for
5 contribution in state fiscal years two thousand four and two thousand
6 five shall be equal to the total amount of credit available in two thou-
7 sand four and two thousand five; under subdivision nine of section one
8 hundred eighty-six-a of the tax law under the fourth phase of the
9 program for the additional three hundred megawatts provided under chap-
10 ter sixty-three of the laws of two thousand and under the fifth phase
11 for the additional one hundred eighty-three megawatts provided under
12 chapter two hundred twenty-six of the laws of two thousand two. In addi-
13 tion, such authorization for contribution for any extension of any
14 contract for allocations under the fourth phase of the program and under
15 the fifth phase of the program in each state fiscal year shall be equal
16 to the total amount of credit or reimbursement available in state fiscal
17 year two thousand four--two thousand five, state fiscal year two thou-
18 sand five--two thousand six and two thousand six--two thousand seven.
19 Additionally, notwithstanding any other section of law, the authority is
20 authorized to make a contribution in an amount related to total amounts
21 of credit received under phases one, two, three, four and five of the
22 program. In no case shall the contribution for state fiscal year two
23 thousand five--two thousand six be less than seventy-five million
24 dollars. The contribution for state fiscal year two thousand six--two
25 thousand seven shall be one hundred million dollars. The contribution
26 for state fiscal year two thousand seven--two thousand eight shall be
27 thirty million dollars. The contribution for state fiscal year two thou-
28 sand eight--two thousand nine shall be twenty-five million dollars. The
29 contribution for state fiscal year two thousand nine--two thousand ten
30 shall be twelve million five hundred thousand dollars. THE CONTRIBUTION
31 FOR EACH STATE FISCAL YEAR BEGINNING WITH TWO THOUSAND TEN--TWO THOUSAND
32 ELEVEN SHALL BE EQUAL TO THE AMOUNT OF THE CREDITS ALLOWED PURSUANT TO
33 SUBDIVISION NINE OF SECTION ONE HUNDRED EIGHTY-SIX-A OF THE TAX LAW. The
34 department of public service shall estimate the payment due by the end
35 of the calendar year in which the credit is available. In no case shall
36 the amount of the total annual contributions for the years during which
37 delivery and sale of power associated with all power for jobs phases and
38 any extensions thereof takes place exceed the aggregate total of four
39 hundred [sixty-one] SEVENTY-FOUR million [five hundred thousand]
40 dollars.
41 S 9. The opening paragraph of subdivision 13 of section 1005 of the
42 public authorities law, as amended by chapter 645 of the laws of 2006,
43 is amended to read as follows:
44 Notwithstanding any other provision of law to the contrary but subject
45 to the terms and conditions of federal energy regulatory commission
46 licenses, to allocate or reallocate directly or by sale for resale, two
47 hundred fifty megawatts of firm Niagara project hydroelectric power as
48 "expansion power" and four hundred forty-five megawatts of firm Niagara
49 project hydroelectric power as "replacement power" to businesses within
50 the state located within thirty miles of the Niagara project, and four
51 hundred ninety megawatts of firm and interruptible power from the Saint
52 Lawrence-FDR project as "preservation power" sold to businesses located
53 within the counties of Jefferson, Saint Lawrence and Franklin, provided
54 that the amount of expansion power allocated to businesses in Chautauqua
55 county on January first, nineteen hundred eighty-seven shall continue to
56 be allocated in such county [and, provided further that up to seventy
A. 11522 13
1 megawatts of replacement power, up to thirty-eight and six-tenths mega-
2 watts of preservation power from the Saint Lawrence-FDR project which is
3 relinquished or withdrawn after the effective date of chapter three
4 hundred thirteen of the laws of two thousand five which amended this
5 subdivision and, for the period ending on December thirty-first, two
6 thousand six, up to twenty megawatts of other power from the Saint
7 Lawrence-FDR project which is unallocated as of the effective date of
8 chapter three hundred thirteen of the laws of two thousand five which
9 amended this subdivision, shall be allocated by the authority together
10 with such other funds of the authority as the trustees deem feasible and
11 advisable for energy cost savings benefits pursuant to the twelfth
12 undesignated paragraph of this section. Provided, however, that the
13 amount of replacement, preservation power, or the additional twenty
14 megawatts of Saint Lawrence-FDR power for the period ending December
15 thirty-first, two thousand six made available for such purpose, used for
16 energy cost savings benefits that are relinquished by or withdrawn from
17 a recipient thereof shall be offered by the authority proportionately
18 for a period of six months for reallocation to applicants who qualify
19 respectively for replacement or preservation power allocations as
20 provided in this subdivision. If such power is not allocated within such
21 period it shall be allocated for the purpose of energy cost savings
22 benefits pursuant to subdivision (h) of section one hundred eighty-three
23 of the economic development law]. The authority shall negotiate
24 contracts on reasonable terms and conditions to renew or extend every
25 permanent contract allocation of expansion power in effect on the effec-
26 tive date of this subdivision and, to the extent consistent with such
27 contracts, the authority shall negotiate contracts on reasonable terms
28 and conditions to extend or renew all other allocations or allotments of
29 such power in effect on such date. The authority shall negotiate
30 contracts on reasonable terms and conditions to renew or extend for a
31 period of at least five years every permanent contract allocation of
32 replacement power in effect on the effective date of chapter three
33 hundred thirteen of the laws of two thousand five which added this
34 sentence and that would expire by its terms on or before the end of the
35 initial federal energy regulatory commission license for the Niagara
36 project; provided that, in negotiating the terms and conditions of such
37 contracts, the authority may consider a business' compliance with all
38 current contractual obligations, including employment and power usage
39 commitments. Contracts entered into pursuant to this subdivision shall
40 contain reasonable provisions providing for the partial or complete
41 withdrawal of the power in the event the recipient fails to maintain
42 mutually agreed levels of employment, investment, and power utilization.
43 Expansion or replacement power relinquished by businesses or withdrawn
44 by the authority shall be allocated directly or by sale for resale by
45 the authority to businesses within the state located within thirty miles
46 of the Niagara project provided, that the amount of power allocated to
47 businesses in Chautauqua county on January first, nineteen hundred
48 eighty-seven shall be allocated in such county. Preservation power that
49 is relinquished by businesses or withdrawn by the authority shall be
50 allocated directly or by sale for resale by the authority within the
51 counties of Jefferson, Saint Lawrence and Franklin. Allocations made
52 pursuant to this paragraph shall be made in accordance with criteria
53 established by the trustees. Such criteria shall address the expansion
54 of industry and employment pursuant to paragraph (a) of this subdivision
55 and the revitalization of existing industry pursuant to paragraph (b) of
56 this subdivision.
A. 11522 14
1 S 10. Paragraph (a) of subdivision 16 of section 1005 of the public
2 authorities law, as added by chapter 477 of the laws of 2009, is amended
3 to read as follows:
4 (a) As deemed feasible and advisable by the trustees, to finance and
5 design, develop, construct, implement, provide and administer energy-re-
6 lated projects, programs and services for any public entity and any
7 recipient of the economic development power, expansion power, replace-
8 ment power, preservation power, high load factor power, municipal
9 distribution agency power, [and] the power for jobs AND THE POWER
10 SOLUTIONS programs administered by the authority. In establishing and
11 providing high performance and sustainable building programs and
12 services authorized by this subdivision, the authority is authorized to
13 consult standards, guidelines, rating systems, and/or criteria estab-
14 lished or adopted by other organizations, including but not limited to
15 the United States green building council under its leadership in energy
16 and environmental design (LEED) programs, the green building initi-
17 ative's green globes rating system, and the American National Standards
18 Institute. The source of any financing and/or loans provided by the
19 authority for the purposes of this subdivision may be the proceeds of
20 notes issued pursuant to section one thousand nine-a of this title, the
21 proceeds of bonds issued pursuant to section one thousand ten of this
22 title, or any other available authority funds.
23 S 11. Section 1005 of the public authorities law is amended by adding
24 two new subdivisions 17 and 18 to read as follows:
25 17. TO PROMOTE THE CONSERVATION AND EFFICIENT USE OF ELECTRICITY, THE
26 POWER AUTHORITY OF THE STATE OF NEW YORK SHALL UNDERTAKE OR CAUSE TO
27 UNDERTAKE AN ENERGY AUDIT OF EVERY APPLICANT THAT THE BOARD HAS RECOM-
28 MENDED TO RECEIVE AN AWARD UNDER THE POWER SOLUTIONS PROGRAM AND ENERGY
29 COST SAVINGS BENEFITS. SUCH AUDIT SHALL BE CONDUCTED WITHIN TWO YEARS
30 AFTER RECEIVING A CONTRACT FOR AN AWARD. THE AUDITS SHALL ASSESS (I) A
31 RECIPIENT'S ELECTRICITY USE TO DETERMINE BASED ON A COMPARISON OF THE
32 NORMS OF THEIR SPECIFIC INDUSTRY, COST-EFFECTIVE MEASURES THAT COULD BE
33 EMPLOYED TO REDUCE ENERGY COSTS, ENERGY USE, OR IMPROVE THE EFFICIENCY
34 OF BUILDINGS, BUILDING SYSTEMS, EQUIPMENT, PROCESSES OR OPERATIONS; AND
35 (II) THE FEASIBILITY OF ONSITE POWER GENERATION FOR COMBINED HEAT AND
36 POWER AND/OR DISTRIBUTED GENERATION PURPOSES. APPLICANTS' ENERGY AUDITS
37 PERFORMED UP TO FIVE YEARS PRIOR TO THE DATE OF APPLICATION SUBMISSION
38 MAY BE CONSIDERED BY THE BOARD IN SATISFACTION OF THE REQUIREMENTS OF
39 THIS SUBDIVISION. COSTS OF THE ENERGY AUDITS SHALL BE PAID BY THE POWER
40 AUTHORITY OF THE STATE OF NEW YORK AS DEEMED FEASIBLE AND ADVISABLE BY
41 THE BOARD. FOR PURPOSES OF IMPLEMENTING THIS SUBDIVISION ONLY, THE POWER
42 AUTHORITY OR ITS AGENT IS AUTHORIZED TO APPLY FOR FUNDING FROM ANY
43 PROGRAM THAT PAYS ALL OR SOME OF THE COSTS OF SUCH AUDITS, AND THE POWER
44 AUTHORITY OR ITS AGENT SHALL BE ENTITLED TO RECEIVE SUCH FUNDING AS IF
45 THE RECIPIENT OF SUCH LOW-COST POWER HAD APPLIED FOR THE FUNDING DIRECT-
46 LY.
47 18. FOR THE PURPOSE OF FURNISHING THE STATE WITH SYSTEMATIC INFORMA-
48 TION REGARDING THE STATUS AND THE ACTIVITIES OF THE AUTHORITY, THE
49 AUTHORITY SHALL SUBMIT TO THE GOVERNOR, THE CHAIRPERSON OF THE SENATE
50 FINANCE COMMITTEE, THE CHAIRPERSON OF THE ASSEMBLY WAYS AND MEANS
51 COMMITTEE AND THE STATE COMPTROLLER, WITHIN NINETY DAYS AFTER THE END OF
52 ITS FISCAL YEAR, A COMPLETE AND DETAILED ANNUAL REPORT ON THE ECONOMIC
53 DEVELOPMENT ASSISTANCE IT ADMINISTERS. SUCH ANNUAL REPORT SHALL INCLUDE,
54 BUT NOT BE LIMITED TO, THE FOLLOWING INFORMATION:
55 (A) THE NUMBER OF COMMERCIAL/INDUSTRIAL RECIPIENTS OF ECONOMIC DEVEL-
56 OPMENT ASSISTANCE BENEFITS, THE ECONOMIC DEVELOPMENT REGION, WHERE THE
A. 11522 15
1 RECIPIENTS ARE LOCATED, WHAT TYPE AND HOW MUCH ASSISTANCE IS PROVIDED,
2 MEGAWATTS OF ELECTRICITY AWARDED, LENGTH OF CURRENT CONTRACT, CURRENT
3 CONTRACT COMPLIANCE STATUS, LAST AUDIT, NUMBER OF JOBS RETAINED AND/OR
4 ADDED IN THE FISCAL YEAR, APPROXIMATE ENERGY EFFICIENCY SAVINGS AND
5 AMOUNT OF POWER REALLOCATED FROM PREVIOUS YEARS DUE TO FORFEITED BENE-
6 FITS;
7 (B) COST TO THE AUTHORITY TO PROVIDE ECONOMIC DEVELOPMENT ASSISTANCE
8 BENEFITS DURING THE PREVIOUS FISCAL YEAR;
9 (C) SOURCES, TYPES AND COSTS OF POWER OBTAINED FOR THE ECONOMIC DEVEL-
10 OPMENT ASSISTANCE IT ADMINISTERS, INCLUDING, BUT NOT LIMITED TO, AN
11 EXPLANATION OF HOW POWER IS OBTAINED BY THE AUTHORITY TO SUPPORT THE
12 ECONOMIC DEVELOPMENT ASSISTANCE IT ADMINISTERS, AND A SUMMARY OF NEW
13 YORK INDEPENDENT SYSTEM OPERATOR (NYISO) OR ITS SUCCESSOR CHARGES PAID
14 BY AUTHORITY CUSTOMERS; AND
15 (D) RECOMMENDATIONS AS TO IMPROVEMENTS TO AND/OR EXPANSION OF THE
16 POWER SOLUTIONS PROGRAM.
17 S 12. Subdivision 9 of section 186-a of the tax law, as amended by
18 chapter 217 of the laws of 2009, is amended to read as follows:
19 9. Notwithstanding any other provision of this chapter or any other
20 law to the contrary, for taxable periods nineteen hundred ninety-seven
21 [through] and [including two thousand ten] THEREAFTER, any utility which
22 delivers power under the power for jobs program OR THE POWER SOLUTIONS
23 PROGRAM, as established by section one hundred eighty-nine OR ONE
24 HUNDRED EIGHTY-EIGHT-A of the economic development law, shall be allowed
25 a credit, subject to the limitations thereon contained in this subdivi-
26 sion, against the tax imposed under this section equal to net lost
27 revenues from the delivery of power under such power for jobs program OR
28 POWER SOLUTIONS PROGRAM. Net lost revenues means the "net receipts"
29 less "net utility revenue" from such delivery of power. For purposes of
30 this subdivision, "net receipts" shall mean the amount that the utility
31 would have otherwise received from customers receiving power pursuant to
32 allocations by the New York state economic development power allocation
33 board in accordance with section one hundred eighty-nine OR ONE HUNDRED
34 EIGHTY-EIGHT-A of the economic development law, or from customers whose
35 allocation has been transferred to an energy service company, or from
36 energy service companies to which such allocation has been transferred,
37 pursuant to its tariff supervised by the public service commission for
38 substantially comparable service otherwise applicable to such customers
39 or energy service companies in the absence of such designation, less the
40 utility's annual average incremental short-term variable and capacity
41 costs of providing such power in the absence of such purchase. For the
42 purposes of this subdivision, "net utility revenue" shall mean the
43 revenues the utility actually receives in accordance with such section
44 one hundred eighty-nine OR ONE HUNDRED EIGHTY-EIGHT-A from such custom-
45 ers so designated by the New York state economic development power allo-
46 cation board or from customers whose allocation has been transferred to
47 an energy service company, or from the energy service companies to which
48 a power for jobs OR POWER SOLUTIONS allocation has been transferred,
49 less the utility's cost of such power under such program. Provided,
50 however, that any credit under this section shall be used only with
51 respect to the same taxable year during which such credit arose and
52 shall not be capable of being carried forward or backward to any other
53 taxable period. Nor shall any credit be allowed to any utility for the
54 total amount of power, expressed in kilowatt hours, purchased by the
55 customers of such utility under such program during the taxable period
56 that exceeds the prorated "baseline energy use" by all customers of that
A. 11522 16
1 utility purchasing power under such program during the taxable period.
2 "Baseline energy use" with respect to each customer shall mean the larg-
3 est amount of kilowatt hours of energy used by such customer during any
4 twelve consecutive month period occurring during the preceding thirty
5 months immediately preceding the New York state economic development
6 power allocation board's recommendation of such customer's application,
7 prorated to reflect the length of time of the customer's participation
8 in such program during the taxable period. Provided further, however,
9 that in accordance with subdivision (k) of section one hundred eighty-
10 nine of the economic development law no tax credit shall be available
11 for any revenue losses when a utility has declined to purchase power
12 allocated for sale under such program. No electric corporation shall be
13 allowed the tax credit authorized by this subdivision until it shall
14 file a certificate from the department of public service for the period
15 covered by the return verifying that the calculation of such tax credit
16 complies with this subdivision and the department of public service has
17 approved such certificate and forwarded a copy of such approved certif-
18 icate to the commissioner or any amended certificate resulting from the
19 need for correction. The credit allowed by this subdivision shall not be
20 applicable in calculating any other tax imposed or authorized to be
21 imposed by this chapter or any other law, and the amount of the tax
22 surcharge imposed under section one hundred eighty-six-c of this article
23 shall be calculated and payable as if the credit provided for by this
24 subdivision were not allowed.
25 S 13. Severability clause. If any clause, sentence, paragraph, subdi-
26 vision, section or part of this act shall be adjudged by any court of
27 competent jurisdiction to be invalid, such judgment shall not affect,
28 impair, or invalidate the remainder thereof, but shall be confined in
29 its operation to the clause, sentence, paragraph, subdivision, section
30 or part thereof directly involved in the controversy in which such judg-
31 ment shall have been rendered. It is hereby declared to be the intent of
32 the legislature that this act would have been enacted even if such
33 invalid provisions had not been included therewith.
34 S 14. Notwithstanding the provisions of article 5 of the general
35 construction law, the provisions of chapter 316 of the laws of 1997, and
36 section 7 of chapter 645 of the laws of 2006, are hereby revived and
37 shall continue in full force and effect as such provisions existed on
38 June 2, 2010.
39 S 15. This act shall take effect immediately and shall be deemed to
40 have been in full force and effect on and after June 2, 2010; provided
41 that the amendments to section 189 of the economic development law made
42 by sections two and three of this act shall not affect the repeal of
43 such section and shall be deemed repealed therewith; provided further,
44 that section 188-a of the economic development law as added by section
45 seven of this act shall expire and be deemed repealed June 30, 2018;
46 provided further, that the amendments to the ninth undesignated para-
47 graph and paragraph (a) of subdivision sixteen of section 1005 of the
48 public authorities law made by sections eight and ten of this act,
49 respectively, shall not affect the expiration of such provisions and
50 shall expire therewith and, provided further, that the addition of
51 subdivisions 17 and 18 of section 1005 of the public authorities law
52 made by section eleven of this act shall expire and be deemed repealed
53 June 30, 2018; provided that the amendment to subdivision 9 of section
54 186-a of the tax law made by section twelve of this act shall not affect
55 the repeal of such subdivision and shall expire and be deemed repealed
56 therewith.
