Bill Text: NY S02521 | 2013-2014 | General Assembly | Amended
Bill Title: Authorizes the New York power authority to issue bonds for certain projects involving repowering projects, qualified energy infrastructure investment projects, or qualified new construction projects for major electric generating facilities to achieve compliance with certain environmental standards.
Sponsorship: Partisan Bill (Republican 6)
Status: (Introduced - Dead) 2014-01-09 - PRINT NUMBER 2521B [S02521 Detail]
Download: New_York-2013-S02521-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2521--B
2013-2014 Regular Sessions
I N S E N A T E
January 18, 2013
___________
Introduced by Sens. MAZIARZ, LARKIN, MARCELLINO, RANZENHOFER, RITCHIE,
YOUNG -- read twice and ordered printed, and when printed to be
committed to the Committee on Energy and Telecommunications -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee -- recommitted to the Committee on Energy and
Telecommunications in accordance with Senate Rule 6, sec. 8 -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee
AN ACT to amend the public service law and the public authorities law,
in relation to certain energy projects
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The public service law is amended by adding a new section
2 73 to read as follows:
3 S 73. COORDINATION WITH CERTAIN PROVISIONS OF THE PUBLIC AUTHORITIES
4 LAW. THE DEPARTMENT MAY REQUEST FROM THE POWER AUTHORITY OF THE STATE OF
5 NEW YORK A SUMMARY OF PROJECTS FOR WHICH IT HAS ISSUED BONDS PURSUANT TO
6 SUBDIVISION TWELVE OF SECTION ONE THOUSAND TEN OF THE PUBLIC AUTHORITIES
7 LAW. THE SUMMARY SHALL INCLUDE EACH PROJECT'S NAME, STREET ADDRESS,
8 COUNTY, DESCRIPTION, BOND AMOUNT, INTEREST RATE, AND DATE OF ISSUANCE.
9 THE POWER AUTHORITY OF THE STATE OF NEW YORK SHALL REPLY PURSUANT TO
10 PARAGRAPH (F) OF SUBDIVISION TWELVE OF SECTION ONE THOUSAND TEN OF THE
11 PUBLIC AUTHORITIES LAW, TO SUCH A REQUEST WITHIN THIRTY DAYS OF ITS
12 RECEIPT.
13 S 2. Section 1010 of the public authorities law is amended by adding a
14 new subdivision 12 to read as follows:
15 12. (A) FOR THE PURPOSES OF THIS SECTION, THE PROJECTS SET FORTH IN
16 THIS SUBDIVISION SHALL BE DEEMED TO BE PROJECTS THAT ARE AUTHORIZED BY
17 THIS TITLE.
18 (B) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE AUTHORI-
19 TY IS HEREBY AUTHORIZED FROM TIME TO TIME, AS DEEMED FEASIBLE AND ADVIS-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05842-05-3
S. 2521--B 2
1 ABLE BY THE TRUSTEES, TO ISSUE ITS NEGOTIABLE BONDS, UPON SELECTION OF A
2 PROPOSAL SUBMITTED PURSUANT TO THE PROCEDURES DEVELOPED IN PARAGRAPH (D)
3 OF THIS SUBDIVISION, IN CONFORMITY WITH APPLICABLE PROVISIONS OF THE
4 UNIFORM COMMERCIAL CODE FOR THE PURPOSE OF FINANCING A REPOWERING
5 PROJECT, QUALIFIED ENERGY INFRASTRUCTURE INVESTMENT PROJECT, OR QUALI-
6 FIED NEW CONSTRUCTION PROJECT AS SUCH TERMS ARE DEFINED IN THIS SUBDIVI-
7 SION AND WHICH ARE THE SUBJECT OF THE AFOREMENTIONED SELECTED PROPOSAL,
8 INCLUDING THE ACQUISITION OF ANY REAL OR PERSONAL PROPERTY OR FACILITIES
9 DEEMED NECESSARY BY THE AUTHORITY TO EFFECTUATE THE AFOREMENTIONED
10 SELECTED PROPOSAL.
11 (C) THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
12 (I) "REPOWERING PROJECT" SHALL MEAN IMPROVEMENTS TO AN EXISTING MAJOR
13 ELECTRIC GENERATING FACILITY THAT WILL ALLOW THE FACILITY, OR A NEW UNIT
14 OR UNITS AT THE FACILITY, OR THE COMBINATION OF THE NEW UNIT OR UNITS
15 AND THE FACILITY TO MEET THE RELEVANT ENVIRONMENTAL REQUIREMENTS
16 CONTAINED IN SUBPARAGRAPHS (I), (II), (III), AND (IV) OF PARAGRAPH (B)
17 OF SUBDIVISION FOUR OF SECTION ONE HUNDRED SIXTY-FIVE OF THE PUBLIC
18 SERVICE LAW.
19 (II) "QUALIFIED ENERGY INFRASTRUCTURE INVESTMENT PROJECT" SHALL MEAN
20 ANY INVESTMENT NEEDED TO DELIVER A NEW FUEL SOURCE TO AN EXISTING MAJOR
21 ELECTRIC GENERATING FACILITY, REPLACE OR RETROFIT A BURNER OR TURBINE,
22 UTILIZE ON-SITE RENEWABLE ENERGY GENERATION OR, ANY OTHER SUBSTANTIAL
23 INVESTMENT THAT WILL HAVE A DIRECT IMPACT ON THE FACILITY'S ABILITY TO
24 MEET THE ENVIRONMENTAL REQUIREMENTS CONTAINED IN SUBPARAGRAPHS (I),
25 (II), (III), AND (IV) OF PARAGRAPH (B) OF SUBDIVISION FOUR OF SECTION
26 ONE HUNDRED SIXTY-FIVE OF THE PUBLIC SERVICE LAW.
27 (III) "QUALIFIED NEW CONSTRUCTION PROJECT" SHALL MEAN THE CONSTRUCTION
28 OF A NEW MAJOR ELECTRIC GENERATING FACILITY ON THE SAME PROPERTY AS AN
29 EXISTING FACILITY OR ON PROPERTY DIRECTLY ADJACENT OR CONTIGUOUS TO SAID
30 PROPERTY, WHERE THE NEW FACILITY BY ITSELF OR IN COMBINATION WITH THE
31 EXISTING FACILITY WILL ALLOW THE SITE AS A WHOLE TO MEET THE ENVIRON-
32 MENTAL REQUIREMENTS CONTAINED IN SUBPARAGRAPHS (I), (II), (III), AND
33 (IV) OF PARAGRAPH (B) OF SUBDIVISION FOUR OF SECTION ONE HUNDRED SIXTY-
34 FIVE OF THE PUBLIC SERVICE LAW.
35 (IV) "MAJOR ELECTRIC GENERATING FACILITY" SHALL MEAN A MAJOR ELECTRIC
36 GENERATING FACILITY AS DEFINED IN SECTION ONE HUNDRED SIXTY OF THE
37 PUBLIC SERVICE LAW.
38 (D) THE AUTHORITY IS HEREBY AUTHORIZED AND DIRECTED TO EXERCISE ALL
39 THE POWERS NECESSARY OR CONVENIENT TO CARRY OUT AND EFFECTUATE THE
40 PURPOSES AND PROVISIONS OF THIS SUBDIVISION; AND AS INCIDENTAL THERETO
41 AND CONSISTENT WITH THE PROVISIONS OF PARAGRAPH (E) OF THIS SUBDIVISION
42 TO DEVELOP AND ISSUE APPLICATION FORMS, TO ESTABLISH ELIGIBILITY CRITE-
43 RIA, TO ESTABLISH A COMPETITIVE SOLICITATION PROCESS AND EVALUATION
44 CRITERIA, TO COORDINATE WITH ANY OTHER PUBLIC ENTITY AS SUCH TERM IS
45 DEFINED IN SECTION ONE THOUSAND FIVE OF THIS TITLE, AND GENERALLY TO DO
46 ANY AND EVERYTHING NECESSARY OR CONVENIENT TO CARRY OUT THE PURPOSES OF
47 THIS SUBDIVISION.
48 (E) THE AUTHORITY SHALL CONDUCT COMPETITIVE SOLICITATIONS FOR
49 PROPOSALS, SUBMITTED BY MAJOR ELECTRIC GENERATING FACILITIES UNDERTAKING
50 ANY REPOWERING PROJECT, QUALIFIED ENERGY INFRASTRUCTURE INVESTMENT
51 PROJECT OR QUALIFIED NEW CONSTRUCTION PROJECT AS SUCH TERMS ARE DEFINED
52 IN THIS SUBDIVISION, FOR ASSISTANCE FROM NEGOTIABLE BONDS ISSUED BY THE
53 AUTHORITY PURSUANT TO THE PROVISIONS OF THIS SUBDIVISION. SUCH COMPET-
54 ITIVE SOLICITATIONS SHALL BE DESIGNED IN A MANNER AND FORM TO BE DETER-
55 MINED BY THE AUTHORITY IN CONSULTATION WITH THE DEPARTMENT OF TAXATION
56 AND FINANCE, THE COMPTROLLER, AND THE PRESIDENT OF THE EMPIRE STATE
S. 2521--B 3
1 DEVELOPMENT CORPORATION. A SCHEDULE FOR SUCH COMPETITIVE SOLICITATIONS,
2 AWARD SELECTION, AND DISTRIBUTION OF FUNDS SHALL BE ESTABLISHED BY THE
3 AUTHORITY IN CONSULTATION WITH THE DEPARTMENT OF TAXATION AND FINANCE,
4 THE COMPTROLLER, AND THE PRESIDENT OF THE EMPIRE STATE DEVELOPMENT
5 CORPORATION. THE AUTHORITY SHALL RANK THE PROPOSALS IT RECEIVES IN
6 RESPONSE TO COMPETITIVE SOLICITATIONS AND CHOOSE THE HIGHEST RANKED
7 PROPOSALS MEASURED ON THE FOLLOWING CRITERIA TO BE CONSIDERED IN THE
8 AGGREGATE:
9 (I) THE AMOUNT OF ASSISTANCE REQUESTED IN PROPORTION TO THE TOTAL
10 QUANTITY OF MEGAWATTS OF NEW GENERATION CAPACITY THAT WILL BE
11 CONSTRUCTED;
12 (II) THE EXTENT TO WHICH AN AWARD WILL RESULT IN NEW CAPITAL INVEST-
13 MENT IN THE STATE BY THE APPLICANT;
14 (III) THE TYPE AND COST OF FACILITIES AND EQUIPMENT TO BE CONSTRUCTED,
15 ENLARGED OR INSTALLED IF THE APPLICANT WERE TO RECEIVE AN AWARD;
16 (IV) THE APPLICANT'S PAYROLL, SALARIES, BENEFITS AND NUMBER OF JOBS AT
17 THE FACILITY FOR WHICH AN AWARD IS REQUESTED;
18 (V) THE NUMBER OF JOBS THAT WILL BE CREATED OR RETAINED AS APPLICABLE
19 WITHIN THE STATE IN RELATION TO THE REQUESTED AWARD AND THE EXTENT TO
20 WHICH THE APPLICANT WILL AGREE TO COMMIT TO CREATING OR RETAINING AS
21 APPLICABLE SUCH JOBS AS A CONDITION TO RECEIVING AN AWARD;
22 (VI) WHETHER THE APPLICANT IS AT RISK OF CLOSING OR CURTAILING FACILI-
23 TIES OR OPERATIONS IN THE STATE, RELOCATING FACILITIES OR OPERATIONS OUT
24 OF THE STATE, OR LOSING A SIGNIFICANT NUMBER OF JOBS IN THE STATE, IN
25 THE ABSENCE OF AN AWARD;
26 (VII) THE SIGNIFICANCE OF THE APPLICANT'S FACILITY TO THE ECONOMY OF
27 THE AREA IN WHICH SUCH FACILITY IS LOCATED; AND
28 (VIII) THE EXTENT TO WHICH AN AWARD WILL RESULT IN AN ADVANTAGE FOR AN
29 APPLICANT IN RELATION TO THE APPLICANT'S COMPETITORS WITHIN THE STATE.
30 (F) THE AUTHORITY SHALL REPLY TO REQUESTS ISSUED TO IT BY THE DEPART-
31 MENT OF PUBLIC SERVICE, PURSUANT TO SECTION SEVENTY-THREE OF THE PUBLIC
32 SERVICE LAW, WITHIN THIRTY DAYS OF RECEIPT OF ANY SUCH REQUEST.
33 S 3. This act shall take effect on the ninetieth day after it shall
34 have become a law.
