LBD15296-07-0
A. 10053 2
attendance and participation by members of the board. If videoconferenc-
ing is used the board shall provide an opportunity for the public to
attend, listen and observe at any site at which a member participates.
The public notice for the meeting shall inform the public that [vidio-
conferencing] VIDEOCONFERENCING will be used, identify the locations for
the meeting, and state that the public has the right to attend the meet-
ing at any of the locations. Members of the board, except those who are
employees or officers of the state, its authorities or agencies shall
not receive a salary or other compensation, but shall be allowed the
necessary and actual expenses incurred in the performance of duties
under this article.
S 2. Paragraphs 2 and 4 of subdivision (h) of section 183 of the
economic development law, as amended by chapter 217 of the laws of 2009,
are amended to read as follows:
2. During the period commencing on November first, two thousand five
and ending on [May fifteenth] DECEMBER THIRTY-FIRST, two thousand ten
eligible 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 [May fifteenth] DECEMBER THIRTY-FIRST, two thousand ten.
Provided, however, that the total amount of megawatts of replacement and
preservation power which, due to the extension of the energy cost
savings benefits, are not relinquished by or withdrawn from a recipient
shall be deemed to be relinquished or withdrawn for purposes of offering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 thir-
tieth, two thousand nine through [May fifteenth] DECEMBER THIRTY-FIRST,
two thousand ten, 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 energy cost savings benefit in
the event the recipient fails to maintain mutually agreed upon commit-
ments 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.
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S 3. The opening paragraph of paragraph 5 of subdivision (a) of
section 189 of the economic development law, as amended by chapter 217
of the laws of 2009, 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 [May
fifteenth] DECEMBER THIRTY-FIRST, two thousand ten. 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 simi-
lar period in the final year of the recipient's contract), results in an
effective unit cost of electricity during the quarter equal to the aver-
age 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.
S 4. Subdivisions (f) and (l) of section 189 of the economic develop-
ment law, as amended by chapter 217 of the laws of 2009, 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 [May
fifteenth] DECEMBER THIRTY-FIRST, two thousand ten. 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
A. 10053 4
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 [May
fifteenth] DECEMBER THIRTY-FIRST, two thousand ten.
(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
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 [May fifteenth] DECEMBER THIRTY-FIRST, two thousand ten,
the board shall expedite the awarding of such reimbursements and/or
extensions and shall defer the review of compliance with such commit-
ments until after the applicant has been awarded a power for jobs elec-
tricity 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
recipient for a period of time beginning December first, two thousand
four and ending [May fifteenth] DECEMBER THIRTY-FIRST, two thousand ten.
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 5. 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
217 of the laws of 2009, is amended to read as follows:
S 9. This act shall take effect immediately and shall expire and be
deemed repealed [May 15] DECEMBER 31, 2010.
S 6. 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 217 of the laws of 2009, 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
A. 10053 5
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 [May
15] DECEMBER 31, 2010.
S 7. Subdivision (b) of section 183 of the economic development law,
as amended by chapter 316 of the laws of 1997, is amended to read as
follows:
(b) To evaluate applications for allocations of economic development
power and of power under the power for jobs program and to make recom-
mendations with respect to such proposed allocations; PROVIDED HOWEVER,
THAT THE BOARD SHALL NOT ACCEPT ANY NEW APPLICATION THAT REQUESTS AN
ALLOCATION OF ECONOMIC DEVELOPMENT POWER OR POWER UNDER THE POWER FOR
JOBS PROGRAM AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TEN; AND PROVIDED
FURTHER THAT THE BOARD SHALL NOT EXTEND THE TERM OF ANY CONTRACT FOR AN
ALLOCATION UNDER THE ECONOMIC DEVELOPMENT PROGRAM THAT WILL EXPIRE ON OR
BEFORE JANUARY FIRST, TWO THOUSAND TEN FOR THE PURPOSE OF PROVIDING AN
ALLOCATION AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TEN.
S 8. Section 183 of the economic development law is amended by adding
a new subdivision (i) to read as follows:
(I) TO SOLICIT APPLICATIONS FOR AWARDS UNDER THE POWER SOLUTIONS
PROGRAM AND MAKE RECOMMENDATIONS TO THE POWER AUTHORITY OF THE STATE OF
NEW YORK FOR AWARDS UNDER SUCH PROGRAM IN THE MANNER AUTHORIZED IN
SECTION ONE HUNDRED EIGHTY-EIGHT-A OF THIS ARTICLE.
S 9. Subdivision (g) of section 183 of the economic development law,
as amended by chapter 226 of the laws of 2002, is amended to read as
follows:
(g) [The] EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, THE board
shall solicit applications for economic development power and for power
under the power for jobs program by public notice. Such notice shall be
in the form of newspaper advertisements, press releases, and by such
other means as the board finds appropriate. Solicitations of preliminary
applications for power under the power for jobs program shall begin
promptly after the effective date of chapter three hundred sixteen of
the laws of nineteen hundred ninety-seven establishing such program. The
board shall solicit applications for the additional three hundred mega-
watts of power available during the fourth phase of the program by
public notice, written notification to each recipient of power allocated
during the first phase of the program, and such other means as the board
finds appropriate. Solicitations of applications for such three hundred
megawatts of power available in phase four of the program shall begin
promptly after the effective date of part KK of chapter sixty-three of
the laws of two thousand making such power available. The board shall
solicit applications for the additional one hundred eighty-three mega-
watts of power available during the fifth phase of the program by public
notice, written notification to each recipient of power allocated during
the second and third phases of the program, and by such other means as
the board finds appropriate. Solicitations for such one hundred eighty-
three megawatts of power available in phase five of the program shall
A. 10053 6
begin promptly after the effective date of the chapter of the laws of
two thousand two making such power available.
S 10. Section 183 of the economic development law, as added by chapter
32 of the laws of 1987, is amended to read as follows:
S 183. General powers and duties of the board. In furtherance of the
purposes set forth in this article, the board shall have the following
powers:
(a) To adopt, within one hundred twenty days after appointment, eligi-
bility criteria and rules and regulations, IN CONSULTATION WITH THE
POWER AUTHORITY OF THE STATE OF NEW YORK AND THE URBAN DEVELOPMENT
CORPORATION, relating to the activities of the board AS DESCRIBED IN
THIS ARTICLE.
(b) To evaluate applications for allocations of economic development
power and to make recommendations with respect to such proposed allo-
cations, PROVIDED HOWEVER, THAT THE BOARD SHALL NOT ACCEPT NEW APPLICA-
TIONS OR EXTEND ANY CONTRACTS FOR ALLOCATIONS OF ECONOMIC DEVELOPMENT
POWER TO EXTEND BEYOND DECEMBER THIRTY-FIRST, TWO THOUSAND TEN.
(c) [To evaluate economic development plans for the use of industrial
incentive awards submitted by the power authority of the state of New
York pursuant to this article.
(d)] To provide advice and assistance when appropriate to applicants
on state economic development programs and services in addition to the
economic development power [and industrial incentive awards specif-
ically] AS provided for in this section.
(D) TO SOLICIT APPLICATIONS FOR AWARDS UNDER THE POWER SOLUTIONS
PROGRAM, AND MAKE RECOMMENDATIONS TO THE POWER AUTHORITY OF THE STATE OF
NEW YORK FOR AWARDS UNDER SUCH PROGRAM IN THE MANNER AUTHORIZED IN
SECTION ONE HUNDRED EIGHTY-EIGHT-A OF THIS ARTICLE.
The [department, the] power authority of the state of New York, [the
urban development corporation, and all other state officers, depart-
ments, boards, divisions and commissions] WITH THE ASSISTANCE OF THE
URBAN DEVELOPMENT CORPORATION AND THE DEPARTMENT OF ECONOMIC DEVELOP-
MENT, shall render such services to the board [within their respective
functions] as may be requested by the board. IN ADDITION, EVERY AGENCY,
DEPARTMENT, OFFICE, DIVISION OR PUBLIC AUTHORITY OF THIS STATE SHALL
COOPERATE WITH THE BOARD AND FURNISH SUCH INFORMATION AND ASSISTANCE AS
THE BOARD DETERMINES IS REASONABLY NECESSARY TO ACCOMPLISH ITS PURPOSE.
[The board shall solicit applications for economic development power
by public notice. Such notice shall be in the form of newspaper adver-
tisements, press releases, and by such other means as the board finds
appropriate.]
S 11. The economic development law is amended by adding a new section
188-a to read as follows:
S 188-A. POWER SOLUTIONS PROGRAM. 1. DEFINITIONS. FOR THE PURPOSES OF
THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "APPLICABLE CRITERIA" SHALL MEAN THE CRITERIA SPECIFIED IN SUBDI-
VISION THREE OF THIS SECTION.
(B) "AUTHORITY" SHALL MEAN THE POWER AUTHORITY OF THE STATE OF NEW
YORK.
(C) "POWER SOLUTIONS AWARD" OR "AWARD" SHALL MEAN AN ALLOCATION OF
POWER OR AN AWARD PAID BY THE AUTHORITY PURSUANT TO SECTION ONE THOUSAND
FIVE OF THE PUBLIC AUTHORITIES LAW IN THE FORM OF AN ELECTRIC BILL CRED-
IT ON THE INVOICE PROVIDED BY THE RECIPIENT'S LOCAL DISTRIBUTOR OF ELEC-
TRIC SERVICE PURSUANT TO THE POWER SOLUTIONS PROGRAM CREATED BY THIS
SECTION AND/OR THE PROVISION OF ENERGY RELATED PROJECTS, PROGRAMS AND
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SERVICES AS DEFINED IN SUBDIVISION SIXTEEN OF SECTION ONE THOUSAND FIVE
OF THE PUBLIC AUTHORITIES LAW.
(D) "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.
(E) "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.
(F) "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.
(G) "LOCAL DISTRIBUTOR OF ELECTRIC SERVICE" SHALL MEAN AN ELECTRIC
CORPORATION AS DEFINED IN SUBDIVISION THIRTEEN OF SECTION TWO OF THE
PUBLIC SERVICE LAW OR THE LONG ISLAND POWER AUTHORITY.
(H) "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.
2. APPLICATIONS. (A) THE BOARD SHALL SOLICIT APPLICATIONS FOR AWARDS
UNDER THE POWER SOLUTIONS PROGRAM BY PUBLIC NOTICE BEGINNING ON JULY
FIRST, TWO THOUSAND TEN. SUCH NOTICE MAY INCLUDE NEWSPAPER ADVERTISE-
MENTS, PRESS RELEASES, WEBSITE POSTINGS, PAPER OR ELECTRONIC MAILING,
AND/OR SUCH OTHER FORM AS THE BOARD FINDS APPROPRIATE IN CONSULTATION
WITH THE AUTHORITY.
(B) APPLICATIONS FOR THE POWER SOLUTIONS PROGRAM 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 APPLICA-
TION RECEIVED SHALL BE MADE AVAILABLE FOR REVIEW BY EACH BOARD MEMBER.
(C) SUBJECT TO CONFIDENTIALITY REQUIREMENTS, UPON RECEIPT OF EACH
APPLICATION BY THE AUTHORITY, THE AUTHORITY SHALL PROMPTLY NOTIFY BY
ELECTRONIC MEANS, INCLUDING WEB SITE 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 OWNED OR OPERATED BY THE APPLICANT IS LOCATED.
SUCH NOTICE SHALL PROVIDE THE NAME AND A DESCRIPTION OF THE APPLICANT,
AND THE ADDRESS OF THE APPLICANT'S FACILITIES THAT WOULD RECEIVE AN
AWARD UNDER THE PROGRAM. THE AUTHORITY SHALL ALSO DEVELOP A LISTING
WHICH CONTAINS THE NAME AND A DESCRIPTION OF EACH APPLICANT, THE AWARD
SOUGHT BY EACH APPLICANT, AND THE ADDRESS OF THE FACILITIES FOR WHICH
THE APPLICANT SEEKS THE AWARD, AND MAKE THE LISTING AVAILABLE FOR PUBLIC
REVIEW ON THE AUTHORITY'S WEBSITE.
3. REVIEW, APPLICABLE CRITERIA AND RECOMMENDATIONS. (A) THE BOARD
SHALL REVIEW APPLICATIONS SUBMITTED UNDER THE POWER SOLUTIONS PROGRAM.
THE BOARD SHALL MAKE AN INITIAL DETERMINATION OF WHETHER THE APPLICANT
IS AN ELIGIBLE APPLICANT. AN APPLICANT MUST AGREE TO UNDERTAKE AN AUDIT
PURSUANT TO SUBDIVISION SEVENTEEN OF SECTION ONE THOUSAND FIVE OF THE
PUBLIC AUTHORITIES LAW IN ORDER TO BE CONSIDERED AN ELIGIBLE APPLICANT
BY THE BOARD. THE BOARD MAY RECOMMEND TO THE AUTHORITY THAT A POWER
SOLUTIONS PROGRAM AWARD BE AWARDED TO AN APPLICANT BASED ON AN APPLICA-
TION OF THE FOLLOWING CRITERIA:
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(I) THE SIGNIFICANCE OF THE COST OF ELECTRICITY TO THE APPLICANT'S
OVERALL COST OF DOING BUSINESS, AND THE IMPACT THAT A POWER SOLUTIONS
AWARD WILL HAVE ON THE APPLICANT'S OPERATING COSTS;
(II) THE EXTENT TO WHICH A POWER SOLUTIONS AWARD WILL RESULT IN NEW
CAPITAL INVESTMENT IN THE STATE BY THE APPLICANT, THE EXTENT TO WHICH
THE APPLICANT WILL AGREE TO COMMIT TO MAKING NEW CAPITAL INVESTMENT AS A
CONDITION TO RECEIVING A POWER SOLUTIONS AWARD, AND ANY PREVIOUS CAPITAL
INVESTMENT UNDERTAKEN BY THE APPLICANT UNDER OTHER ECONOMIC DEVELOPMENT
PROGRAMS WHERE APPLICABLE;
(III) THE SIZE OF THE APPLICANT'S TOTAL PAYROLL (SALARY, BENEFITS AND
THE NUMBER OF JOBS) WITHIN THE STATE AND AT THE FACILITY THAT WOULD
RECEIVE THE AWARD;
(IV) THE NUMBER OF JOBS THAT WILL BE CREATED OR RETAINED WITHIN THE
STATE IN RELATION TO THE REQUESTED POWER SOLUTIONS AWARD, AND THE EXTENT
TO WHICH THE APPLICANT WILL AGREE TO COMMIT TO CREATING OR RETAINING
SUCH JOBS AS A CONDITION TO RECEIVING A POWER SOLUTIONS AWARD;
(V) WHETHER THE APPLICANT, DUE TO THE HIGH COST OF ELECTRICITY, IS AT
RISK OF CLOSING FACILITIES OR OPERATIONS IN THE STATE, RELOCATING FACIL-
ITIES OR OPERATIONS OUT OF THE STATE, OR LOSING A SIGNIFICANT NUMBER OF
JOBS IN THE STATE, IN THE ABSENCE OF A POWER SOLUTIONS AWARD;
(VI) THE SIGNIFICANCE OF THE APPLICANT'S FACILITY THAT WOULD RECEIVE
THE BENEFIT OF THE AWARD TO THE ECONOMY OF THE AREA IN WHICH SUCH FACIL-
ITY IS LOCATED;
(VII) THE EXTENT TO WHICH THE APPLICANT HAS INVESTED IN ENERGY EFFI-
CIENCY MEASURES AND/OR ONSITE POWER GENERATION FOR COMBINED HEAT AND
POWER AND/OR DISTRIBUTED GENERATION PURPOSES OR WILL AGREE, IF RECOM-
MENDED BY THE BOARD FOR AN AWARD, TO COMMIT TO MAKING COST EFFECTIVE
TANGIBLE INVESTMENTS IN ENERGY EFFICIENCY MEASURES AND/OR ONSITE POWER
GENERATION FOR COMBINED HEAT AND POWER AND/OR DISTRIBUTED GENERATION
PURPOSES AS IDENTIFIED PURSUANT TO SUBDIVISION SEVENTEEN OF SECTION ONE
THOUSAND FIVE OF THE PUBLIC AUTHORITIES LAW AS A CONDITION TO RECEIVING
A POWER SOLUTIONS AWARD;
(VIII) THE EXTENT TO WHICH THE APPLICANT'S OPERATIONS ARE CONSISTENT
WITH THE POLICIES AND GOALS OF THE STATE ENERGY PLAN;
(IX) THE EXTENT TO WHICH THE APPLICANT PREVIOUSLY RECEIVED BENEFITS
UNDER OTHER POWER-RELATED PROGRAMS OF THE AUTHORITY, AND THE APPLICANT'S
PRIOR PERFORMANCE UNDER SUCH PROGRAMS WHERE APPLICABLE;
(X) IN THE CASE OF A NOT-FOR-PROFIT CORPORATION, WHETHER IT PROVIDES
CRITICAL SERVICES OR SUBSTANTIAL BENEFITS TO THE LOCAL COMMUNITY;
(XI) THE EXTENT TO WHICH AN AWARD IS CONSISTENT WITH STATE, REGIONAL
AND LOCAL ECONOMIC DEVELOPMENT STRATEGIES AND SUPPORTED BY LOCAL UNITS
OF GOVERNMENT IN THE AREA IN WHICH THE BUSINESS IS LOCATED OR TO BE
LOCATED;
(XII) THE EXTENT TO WHICH AN AWARD MIGHT RESULT IN INEQUITY FOR AN
APPLICANT AS COMPARED TO ITS COMPETITORS WITHIN THE STATE; AND
(XIII) IMPACT OF CURRENT ECONOMIC CONDITIONS ON THE APPLICANT.
(B) A RECOMMENDATION BY THE BOARD THAT THE AUTHORITY PROVIDE A POWER
SOLUTIONS PROGRAM AWARD TO AN ELIGIBLE APPLICANT SHALL INCLUDE: (1) A
DESCRIPTION OF THE AWARD THAT THE BOARD HAS DETERMINED SHOULD BE AWARDED
TO SUCH APPLICANT, PROVIDED HOWEVER, THAT THE BOARD MAY RECOMMEND AN
AWARD THAT DIFFERS FROM THE AWARD REQUESTED BY AN ELIGIBLE APPLICANT;
(2) AN EFFECTIVE TERM OF CONTRACT BETWEEN THE ELIGIBLE APPLICANT AND THE
AUTHORITY WHICH SHALL NOT EXCEED SEVEN YEARS, PROVIDED HOWEVER THAT THE
TERM OF ANY SUCH CONTRACT SHALL NOT BECOME EFFECTIVE BEFORE JANUARY
FIRST, TWO THOUSAND ELEVEN; (3) THE DATE OF THE MANDATORY MIDCONTRACT
COMPLIANCE REVIEW AT WHICH TIME THE ELIGIBLE APPLICANT, IF FOUND IN
A. 10053 9
COMPLIANCE MAY APPLY FOR A SUBSEQUENT CONTRACT TO GO INTO EFFECT AT THE
CONCLUSION OF THE CURRENT CONTRACT AS LONG AS COMPLIANCE CONTINUES
THROUGH THE CONCLUSION OF SUCH CONTRACT; AND (4) SUCH OTHER TERMS AND
CONDITIONS THAT THE BOARD RECOMMENDS AS APPROPRIATE. SUCH TERMS AND
CONDITIONS SHALL INCLUDE PROVISIONS FOR EFFECTIVE PERIODIC AUDITS OF
PROGRAM PARTICIPANTS FOR THE PURPOSE OF DETERMINING CONTRACT AND PROGRAM
COMPLIANCE, AND THE PARTIAL OR COMPLETE WITHDRAWAL OF A POWER SOLUTIONS
PROGRAM AWARD IN THE CASE OF A PROGRAM PARTICIPANT THAT FAILS TO MAIN-
TAIN MUTUALLY AGREED UPON COMMITMENTS, INCLUDING BUT NOT LIMITED TO
LEVELS OF EMPLOYMENT, POWER UTILIZATION, CAPITAL INVESTMENTS, AND ENERGY
EFFICIENCY MEASURES.
(C) THE BOARD MAY BASE ITS RECOMMENDATION ON WHICH ELIGIBLE APPLICANTS
IT DETERMINES BEST MEET THE APPLICABLE CRITERIA; PROVIDED HOWEVER THAT
THE BOARD SHALL SET ASIDE A PORTION OF THE BENEFITS AVAILABLE UNDER THE
POWER SOLUTIONS PROGRAM IN AN AMOUNT NOT LESS THAN ONE HUNDRED MEGAWATTS
FOR ELIGIBLE SMALL BUSINESSES AND ELIGIBLE NOT-FOR-PROFIT CORPORATIONS;
AND PROVIDED FURTHER THAT THE BOARD SHALL SET ASIDE A PORTION OF THE
BENEFITS AVAILABLE UNDER THE PROGRAM IN AN AMOUNT NOT LESS THAN ONE
HUNDRED MEGAWATTS FOR ELIGIBLE HIGH LOAD FACTOR MANUFACTURERS AS DEFINED
IN THE FOURTH UNDESIGNATED PARAGRAPH OF SECTION ONE THOUSAND FIVE OF THE
PUBLIC AUTHORITIES LAW.
(D) A RECOMMENDATION FOR A POWER SOLUTIONS PROGRAM AWARD SHALL QUALIFY
AN APPLICANT TO ENTER INTO A CONTRACT, WITH THE AUTHORITY TO RECEIVE
SUCH AWARD FROM THE AUTHORITY PURSUANT TO THE TERMS AND CONDITIONS OF
THE RECOMMENDATION OR ON SUCH OTHER TERMS AS THE AUTHORITY DETERMINES TO
BE APPROPRIATE. IN THE EVENT THAT THE AWARD INCLUDES THE PROVISION OF
ENERGY RELATED PROJECTS, PROGRAMS AND SERVICES AS DEFINED IN SUBDIVISION
SIXTEEN OF SECTION ONE THOUSAND FIVE OF THE PUBLIC AUTHORITIES LAW, THE
CONTRACT SHALL ALLOW FOR REIMBURSEMENT FOR COSTS TO AN ENTITY OTHER THAN
THE POWER AUTHORITY OF THE STATE OF NEW YORK SO LONG AS SUCH COSTS ARE
DEEMED REASONABLE AND APPROPRIATE. SUCH CONTRACTS SHALL PROVIDE THAT
THE LOCAL DISTRIBUTOR OF ELECTRIC SERVICE WILL PROVIDE CUSTOMER AND
BILLING SERVICES UPON MUTUALLY AGREED TERMS AND CONDITIONS.
(E) UPON APPROVAL OR DENIAL OF ANY APPLICATION FOR A POWER SOLUTIONS
PROGRAM AWARD, THE BOARD SHALL ISSUE IN WRITING A STATEMENT OF ITS FIND-
INGS AND CONCLUSIONS WITH RESPECT TO SUCH APPLICATION AND THE REASONS
FOR ITS APPROVAL OR DENIAL.
(F) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, WITH RESPECT
TO APPLICANTS WHO AS OF DECEMBER FIRST, TWO THOUSAND TEN, ARE IN
SUBSTANTIAL COMPLIANCE WITH ALL CONTRACTUAL COMMITMENTS AND RECEIVING
BENEFITS UNDER THE POWER FOR JOBS, ENERGY COST SAVINGS BENEFIT, ECONOMIC
DEVELOPMENT, HIGH LOAD FACTOR OR MUNICIPAL DISTRIBUTION AGENCY PROGRAMS,
BUT WOULD OTHERWISE NOT RECEIVE A RECOMMENDATION FROM THE BOARD FOR A
POWER SOLUTIONS PROGRAM AWARD, THE BOARD SHALL RECOMMEND AND THE AUTHOR-
ITY SHALL PROVIDE AN AWARD OF THE POWER SOLUTIONS PROGRAM AND SHALL
PHASE OUT SUCH AWARD OVER A PERIOD NOT TO EXCEED TWO YEARS ON THE
FOLLOWING TERMS: IN THE FIRST YEAR, THE AWARD SHALL BE IN AN AMOUNT THAT
IS EQUAL TO SIXTY-SIX PERCENT OF THE VALUE OF SUCH BENEFIT RECEIVED IN
THE PRECEDING TWELVE MONTHS, AND IN THE SECOND YEAR THE AWARD SHALL BE
EQUAL TO THIRTY-THREE PERCENT OF THE VALUE OF SUCH BENEFIT. SUCH APPLI-
CANT SHALL NOT BE ENTITLED TO REAPPLY FOR AN AWARD UNDER THE POWER
SOLUTIONS PROGRAM DURING THE TERM OF SUCH AWARD. APPLICANTS MAY APPLY
FOR A ONE-YEAR EXTENSION IN SUCH CASE: ONE HUNDRED PERCENT OF THE VALUE
OF SUCH BENEFIT SHALL BE RECEIVED IN THE FIRST YEAR WITH A VALUE EQUAL
TO SIXTY-SIX PERCENT IN THE SECOND YEAR AND IN THE THIRD YEAR THE AWARD
SHALL BE EQUAL TO THIRTY-THREE PERCENT OF THE VALUE OF SUCH BENEFIT.
A. 10053 10
(G) SUBJECT TO THE THIRTEENTH UNDESIGNATED PARAGRAPH OF SECTION ONE
THOUSAND FIVE OF THE PUBLIC AUTHORITIES LAW, AS ADDED BY THE CHAPTER OF
THE LAWS OF TWO THOUSAND TEN THAT ADDED THIS SECTION, THE BOARD SHALL
NOT RECOMMEND POWER SOLUTIONS PROGRAM AWARDS UNDER THE POWER SOLUTIONS
PROGRAM IN EXCESS OF NINE HUNDRED FIFTY MEGAWATTS OF ELECTRICITY, UNTIL
JANUARY FIRST, TWO THOUSAND FOURTEEN, WHEN UPON SUCH DATE SUCH AMOUNT
MAY NOT EXCEED ONE THOUSAND ONE HUNDRED MEGAWATTS OF ECONOMIC DEVELOP-
MENT POWER PROGRAM AWARDS. ANY POWER SOLUTIONS AWARD WHICH IS RELIN-
QUISHED OR WITHDRAWN SHALL BE AVAILABLE FOR REALLOCATION TO ELIGIBLE
APPLICANTS.
(H) (1) THE BOARD SHALL SUBMIT TO THE DIRECTOR OF THE BUDGET, THE
CHAIRPERSON OF THE SENATE FINANCE COMMITTEE AND THE CHAIRPERSON OF THE
ASSEMBLY WAYS AND MEANS COMMITTEE AN EVALUATION OF THE SUCCESS OF EACH
ECONOMIC DEVELOPMENT POWER PROGRAM IT ADMINISTERS PREPARED BY AN INDE-
PENDENT THIRD PARTY. SUCH EVALUATION SHALL DETERMINE WHETHER THE
SERVICES PROVIDED HAVE HELPED RECIPIENTS TO SUCCEED, BASED ON A COMPAR-
ISON OF THE PERFORMANCE OF THE RECIPIENTS AGAINST THE NORMS OF THEIR
SPECIFIC INDUSTRY, AND SHALL ASSESS THE EFFECTIVENESS, IF ANY, OF EACH
ECONOMIC DEVELOPMENT POWER PROGRAM. SUCH AN EVALUATION SHALL BE SUBMIT-
TED BY DECEMBER THIRTY-FIRST, TWO THOUSAND FOURTEEN AND BY DECEMBER
THIRTY-FIRST EVERY FIVE YEARS THEREAFTER.
(2) BETWEEN EVALUATION DUE DATES, THE BOARD SHALL MAINTAIN THE NECES-
SARY RECORDS AND DATA REQUIRED TO SATISFY SUCH EVALUATION REQUIREMENTS
AND TO SATISFY INFORMATION REQUESTS RECEIVED FROM THE DIRECTOR OF THE
BUDGET, THE CHAIRPERSON OF THE SENATE FINANCE COMMITTEE AND THE CHAIR-
PERSON OF THE ASSEMBLY WAYS AND MEANS COMMITTEE BETWEEN SUCH EVALUATION
DUE DATES.
S 12. Subdivision 5 of section 1005 of the public authorities law, as
amended by chapter 294 of the laws of 1968, paragraph g as amended by
chapter 369 of the laws of 1974, is amended to read as follows:
5. 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, UNTIL THAT TIME WHEN THE AUTHORITY IMPLE-
MENTS THE ENERGY EFFICIENCY MEASURES FOR DOMESTIC AND RURAL CUSTOMERS
REQUIRED BY THIS SUBDIVISION BUT NO LATER THAN JANUARY FIRST, TWO THOU-
SAND FOURTEEN, be considered primarily as for the benefit of the people
of the state as a whole and particularly the domestic and rural consum-
ers to whom the power can economically be made available, and according-
ly that sale to and use by industry shall be a secondary purpose UNTIL
THE AUTHORITY IMPLEMENTS THE ENERGY EFFICIENCY MEASURES FOR DOMESTIC AND
RURAL CUSTOMERS REQUIRED BY THIS SUBDIVISION, BUT IN ANY EVENT NO LATER
THAN JANUARY FIRST, TWO THOUSAND FOURTEEN, AT WHICH TIME THE SALE AND
USE BY INDUSTRY SHALL BECOME A PRIMARY PURPOSE, to be utilized princi-
pally 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] EFFICIENT 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
A. 10053 11
public of the state, the authority shall in addition to other methods
which it may find advantageous make provision so that municipalities and
other political [sub-divisions] SUBDIVISIONS of the state now or here-
after 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 munici-
palities 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.
Contracts for the sale, transmission and distribution of power gener-
ated by such projects shall provide for the effectuation of the forego-
ing policy and shall provide:
a. Payment of all operating and maintenance expenses of the project.
b. Interest on and amortization and reserve charges sufficient within
fifty years of the date of issuance to retire the bonds of the power
authority issued for the project.
c. Continuous control and operation of the project by the authority.
d. The effectuation of the policy declared in this [sub-paragraph]
SUBPARAGRAPH.
e. Full and complete disclosure to the authority of all factors of
cost in the transmission and distribution of power, so that rates to
consumers may be fixed initially in the contract and may be adjusted
from time to time on the basis of true cost data, provided that in
fixing such cost of transmission and distribution no account shall be
given to any franchise value, going value or good-will based upon the
existence of the contract and the availability of the power for sale by
the transmitting or distributing company or any company associated ther-
ewith.
f. Periodic revisions of the service and rates to consumers on the
basis of accurate cost data obtained by such accounting methods and
systems as shall be approved by the trustees and in furtherance and
effectuation of the policy declared in this [sub-paragraph]
SUBPARAGRAPH.
g. That the rates, services and practices of the purchasing, transmit-
ting and/or distributing public agencies or companies in respect to the
power generated by such projects shall be governed by the provisions and
principles established in the contract, and not by regulations of the
public service commission or by general principles of public service law
regulating rates, services and practices and that in the event any such
public agencies or companies which purchase power from the authority
shall sell any such power for resale, such sale for resale shall be made
A. 10053 12
at rates no higher than those at which the power was purchased from the
authority.
h. The rate structures agreed upon in such contract may provide
different rates for different localities, classes of consumers, and
amounts of current consumed, and for changes in the rates resulting from
variation in operating costs and fixed charges.
i. For the cancellation and termination of any such contract upon
violation of the terms thereof by the purchasing, transmitting or
distributing public agency or company, or any subsidiary or associate
thereof.
j. For such security for performance as the authority may deem practi-
cable and advisable, including provisions assuring the continuance of
service by the purchasing, transmitting and/or distributing public agen-
cies or companies and/or the use of their facilities for such service
and/or the continuance of an outlet and adequate market for the power
generated by such projects.
k. Such other terms not inconsistent with the provisions and policy of
this title as the authority may deem advisable.
THE AUTHORITY, IN CONJUNCTION WITH ANY INVESTOR OWNED UTILITY THAT
PURCHASES HYDROELECTRIC POWER FROM THE AUTHORITY'S NIAGARA AND ST.
LAWRENCE POWER PROJECTS FOR RURAL AND DOMESTIC USES PURSUANT TO THIS
SUBDIVISION, SHALL INSTALL, IMPLEMENT OR PROVIDE ENERGY EFFICIENCY MEAS-
URES OR IMPROVEMENTS TO THOSE DOMESTIC AND RURAL CONSUMERS AS REFERENCED
IN THIS SUBDIVISION IN ORDER TO REDUCE THE AMOUNT OF KILOWATTS CONSUMED
BY SUCH DOMESTIC AND RURAL CONSUMERS IN AN AMOUNT EQUAL TO OR GREATER
THAN THE AMOUNT OF SUCH HYDROELECTRIC POWER SOLD TO SUCH DOMESTIC AND
RURAL CONSUMERS. AFTER SUCH IMPROVEMENTS ARE MADE, SUCH HYDROELECTRIC
POWER FROM THE AUTHORITY'S NIAGARA AND ST. LAWRENCE POWER PROJECTS SHALL
NO LONGER BE MADE AVAILABLE TO DOMESTIC AND RURAL CONSUMERS THAT HAVE
RECEIVED THE ENERGY EFFICIENCY MEASURES OR IMPROVEMENTS AND THOSE
AMOUNTS OF HYDROELECTRIC POWER NO LONGER CONSUMED DUE TO THE IMPLEMENTA-
TION OF ENERGY EFFICIENCY MEASURES OR IMPROVEMENTS MADE PURSUANT TO THIS
SUBDIVISION SHALL BE MADE AVAILABLE TO THE POWER SOLUTIONS PROGRAM
ESTABLISHED IN ARTICLE SIX OF THE ECONOMIC DEVELOPMENT LAW. SUCH ENERGY
EFFICIENCY MEASURES SHALL, TO THE EXTENT PRACTICABLE, BE MADE IN
CONJUNCTION WITH OTHER ENERGY EFFICIENCY PROGRAMS OFFERED BY INVESTOR
OWNED UTILITIES, STATE AGENCIES AND AUTHORITIES INCLUDING BUT NOT LIMIT-
ED TO THE NEW YORK STATE ENERGY AND RESEARCH DEVELOPMENT AUTHORITY AND
THE POWER AUTHORITY OF THE STATE OF NEW YORK. THE AUTHORITY SHALL, NO
LATER THAN JANUARY FIRST, TWO THOUSAND FOURTEEN, TRANSFER ALL HYDROELEC-
TRIC POWER MADE AVAILABLE TO THE DOMESTIC AND RURAL CONSUMERS PURSUANT
TO THIS SUBDIVISION TO SUCH POWER SOLUTIONS PROGRAM; AFTER SUCH DATE,
THE POWER AUTHORITY OF THE STATE OF NEW YORK SHALL BE RESPONSIBLE FOR
PAYING COSTS ASSOCIATED WITH THE LOSS OF HYDROPOWER TO THE RURAL AND
DOMESTIC CONSUMERS UNTIL SUCH CONSUMERS RECEIVE ENERGY EFFICIENCY MEAS-
URES IF REQUESTED BY THE CONSUMER. THE INVESTOR OWNED UTILITY THAT HAD
PREVIOUSLY PROVIDED THE HYDROPOWER SHALL INFORM THE CONSUMER OF ITS
RIGHT TO SUCH COST PAYMENT AVAILABILITY. THE POWER AUTHORITY OF THE
STATE OF NEW YORK SHALL WORK WITH THE INVESTOR OWNED UTILITIES TO ESTAB-
LISH MECHANISMS FOR SUCH PAYMENT TO THOSE CONSUMERS THAT HAVE REQUESTED
PAYMENTS.
S 13. Section 1005 of the public authorities law is amended by adding
a new thirteenth and fourteenth undesignated paragraph to read as
follows:
BEGINNING NO LATER THAN JANUARY FIRST, TWO THOUSAND ELEVEN, THE
AUTHORITY IS AUTHORIZED AND DIRECTED, AS DEEMED FEASIBLE AND ADVISABLE
A. 10053 13
BY THE TRUSTEES, TO MAKE ANNUAL PAYMENTS IN AN AMOUNT OF ONE HUNDRED
TWENTY MILLION DOLLARS FOR UP TO NINE HUNDRED FIFTY MEGAWATTS OF POWER
SOLUTIONS PROGRAM AWARDS UPON THE RECOMMENDATION OF THE ECONOMIC DEVEL-
OPMENT POWER ALLOCATION BOARD UNDER THE POWER SOLUTIONS PROGRAM AS
PROVIDED IN SECTION ONE HUNDRED EIGHTY-EIGHT-A OF THE ECONOMIC DEVELOP-
MENT LAW. NOT LESS OFTEN THAN ANNUALLY, THE AUTHORITY SHALL IDENTIFY AND
ADVISE THE ECONOMIC DEVELOPMENT POWER ALLOCATION BOARD OF THE AVAILABIL-
ITY OF THE FUNDS FOR SUCH AWARD.
BEGINNING NO LATER THAN JANUARY FIRST, TWO THOUSAND FOURTEEN, THE
AUTHORITY IS AUTHORIZED AND DIRECTED, AS DEEMED FEASIBLE AND ADVISABLE
BY THE TRUSTEES, TO MAKE ANNUAL PAYMENTS IN AN AMOUNT UP TO ONE HUNDRED
TWENTY MILLION DOLLARS FOR UP TO ONE THOUSAND ONE HUNDRED MEGAWATTS OF
ELECTRICITY COST AWARDS UPON THE RECOMMENDATION OF THE ECONOMIC DEVELOP-
MENT POWER ALLOCATION BOARD UNDER THE POWER SOLUTIONS PROGRAM AS
PROVIDED IN SECTION ONE HUNDRED EIGHTY-EIGHT-A OF THE ECONOMIC DEVELOP-
MENT LAW. NOT LESS OFTEN THAN ANNUALLY, THE AUTHORITY SHALL IDENTIFY AND
ADVISE THE ECONOMIC DEVELOPMENT POWER ALLOCATION BOARD OF THE AVAILABIL-
ITY OF THE FUNDS FOR SUCH AWARD.
S 14. Section 1005 of the public authorities law is amended by adding
two new subdivisions 17 and 18 to read as follows:
17. TO PROMOTE THE CONSERVATION AND EFFICIENT USE OF ELECTRICITY, THE
POWER AUTHORITY OF THE STATE OF NEW YORK SHALL UNDERTAKE OR CAUSE TO BE
UNDERTAKEN ENERGY AUDITS AS A CONDITION FOR AN AWARD UNDER THE POWER
SOLUTIONS PROGRAM. ENERGY AUDITS SHALL BE CONDUCTED FOR THOSE APPLICANTS
THAT THE BOARD HAS DETERMINED ELIGIBLE TO RECEIVE A POWER SOLUTIONS
AWARD. THE AUDITS SHALL ASSESS (I) A RECIPIENT'S ELECTRICITY USE TO
DETERMINE BASED ON A COMPARISON OF THE NORMS OF THEIR SPECIFIC INDUSTRY,
COST-EFFECTIVE MEASURES THAT COULD BE EMPLOYED TO REDUCE ENERGY COSTS,
ENERGY USE, OR IMPROVE THE EFFICIENCY OF BUILDINGS, BUILDING SYSTEMS,
EQUIPMENT, PROCESSES OR OPERATIONS; AND (II) THE FEASIBILITY OF ONSITE
POWER GENERATION FOR COMBINED HEAT AND POWER AND/OR DISTRIBUTED GENER-
ATION PURPOSES. APPLICANTS' ENERGY AUDITS PERFORMED UP TO FIVE YEARS
PRIOR TO THE DATE OF APPLICATION SUBMISSION MAY BE CONSIDERED. COSTS OF
THE ENERGY AUDITS SHALL BE PAID BY THE POWER AUTHORITY OF THE STATE OF
NEW YORK AS DEEMED FEASIBLE AND ADVISABLE BY THE BOARD. FOR PURPOSES OF
IMPLEMENTING THIS SUBDIVISION ONLY, THE POWER AUTHORITY OR ITS AGENT IS
AUTHORIZED TO APPLY FOR FUNDING FROM ANY PROGRAM THAT PAYS ALL OR SOME
OF THE COSTS OF SUCH AUDITS, AND THE POWER AUTHORITY OR ITS AGENT SHALL
BE ENTITLED TO RECEIVE SUCH FUNDING AS IF THE RECIPIENT OF SUCH LOW-COST
POWER HAD APPLIED FOR THE FUNDING DIRECTLY.
18. A. FOR THE PURPOSE OF FURNISHING THE STATE WITH SYSTEMATIC INFOR-
MATION REGARDING THE STATUS AND THE ACTIVITIES OF THE AUTHORITY, THE
AUTHORITY SHALL SUBMIT TO THE GOVERNOR, THE CHAIRPERSON OF THE SENATE
FINANCE COMMITTEE, THE CHAIRPERSON OF THE ASSEMBLY WAYS AND MEANS
COMMITTEE AND THE STATE COMPTROLLER, 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:
(I) THE NUMBER OF COMMERCIAL/INDUSTRIAL RECIPIENTS OF ECONOMIC POWER
PROGRAM BENEFITS, WHERE THE ECONOMIC REGION CLIENT IS LOCATED, WHAT TYPE
AND HOW MUCH ASSISTANCE IS 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, APPROXI-
MATE ENERGY EFFICIENCY SAVINGS AND AMOUNT OF POWER REALLOCATED FROM
PREVIOUS YEARS DUE TO FORFEITED BENEFITS;
A. 10053 14
(II) COST TO THE AUTHORITY TO PROVIDE ECONOMIC DEVELOPMENT POWER
PROGRAMS DURING THE PREVIOUS FISCAL YEAR; AND
(III) SOURCES, TYPES AND COSTS OF POWER OBTAINED FOR EACH ECONOMIC
DEVELOPMENT POWER PROGRAM IT ADMINISTERS, INCLUDING, BUT NOT LIMITED TO,
AN EXPLANATION OF HOW POWER IS OBTAINED BY THE AUTHORITY TO SUPPORT EACH
ECONOMIC DEVELOPMENT POWER PROGRAM IT ADMINISTERS, THE PERCENTAGE OF
LONG- AND SHORT-TERM POWER PURCHASE AGREEMENTS USED AND DAY-AHEAD AND
SPOT MARKET PURCHASES, AND SUMMARY OF NEW YORK INDEPENDENT SYSTEM OPERA-
TOR (NYISO) CHARGES PAID BY AUTHORITY CUSTOMERS.
B. THE COMPTROLLER SHALL BE CHARGED WITH SEEING THAT THE REPORTS
MANDATED IN THIS SUBDIVISION ARE FILED ON TIME AND THAT THEY ARE SUFFI-
CIENTLY COMPREHENSIVE. THE COMPTROLLER SHALL REPORT ANY DEFICIENCIES TO
THE GOVERNOR AND TO THE LEGISLATIVE CHAIRS NAMED IN SUBDIVISION ONE OF
THIS SECTION.
S 15. 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 16. This act shall take effect immediately; provided that the amend-
ments to section 183 of the economic development law made by sections
two, seven, eight and nine of this act shall be subject to the expira-
tion and reversion of such section pursuant to section 9 of chapter 316
of the laws of 1997, as amended, when upon such date the provisions of
section ten of this act shall take effect; and provided, further, that
the amendments to section 189 of the economic development law made by
sections three and four of this act shall not affect the repeal of such
section and shall be deemed repealed therewith.