LBD17482-04-0
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[designated by the governor from amongst the members] THE PRESIDENT OF
THE URBAN DEVELOPMENT CORPORATION. [Three] SEVEN members shall consti-
tute a quorum for the purposes of organizing the board and conducting
the business thereof; and no actions of the board may be taken except
upon the affirmative vote of at least [three] SEVEN members. Videocon-
ferencing may be used for attendance and participation by members of the
board. If videoconferencing is used the board shall provide an opportu-
nity 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 [vidioconferencing] VIDEOCONFERENCING will be used, identify
the locations for the meeting, and state that the public has the right
to attend the meeting 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. The opening paragraph of paragraph 5 of subdivision (a) of
section 189 of the economic development law, as amended by chapter 88 of
the laws of 2010, is amended to read as follows:
"Power for jobs electricity savings reimbursements" shall mean
payments made by the power authority of the state of New York as recom-
mended by the board to recipients of allocations of power under phases
four and five of the power for jobs program for a period of time until
November thirtieth, two thousand four, subsequent to the expiration of
their phase four or five power for jobs contract provided however that
any power for jobs recipient may choose to receive an electricity
savings reimbursement as a substitute for a contract extension for the
period from the date the recipient's contract expires through [June
second] JUNE THIRTIETH, two thousand [ten] ELEVEN. The "basic reimburse-
ment" 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 3. Subdivisions (f) and (l) of section 189 of the economic develop-
ment law, as amended by chapter 88 of the laws of 2010, are amended to
read as follows:
(f) Eligibility. The board shall recommend applications for allo-
cations of power under the power for jobs program to or for the use of
businesses which normally utilize a minimum peak electric demand in
excess of four hundred kilowatts; provided, however, that up to one
hundred megawatts of power available for allocation during the initial
three phases of the power for jobs program may be recommended for allo-
cations to not-for-profit corporations and to small businesses; and,
provided, further that up to seventy-five megawatts of power available
for allocation during the fourth phase of the program may be recommended
for allocations to not-for-profit corporations and to small businesses.
The board may require small businesses that normally utilize a minimum
peak electric demand of less than one hundred kilowatts to aggregate
their electric demand in amounts of no less than one hundred kilowatts,
for the purposes of applying to the board for an allocation of power.
The board shall recommend allocations of the additional three hundred
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megawatts available during the fourth phase of the program to any such
eligible applicant, including any recipient of power allocated during
the first phase of the program. The board shall recommend allocations of
the additional one hundred eighty-three megawatts available during the
fifth phase of the program to any eligible applicant, including any
recipient of power allocated during the second and third phases of the
program; provided, however, that the term of contracts for allocations
under the fifth phase of the program shall in no case extend beyond
[June second] JUNE THIRTIETH, two thousand [ten] ELEVEN. Notwithstanding
any provision of law to the contrary, and, in particular, the provisions
of this chapter concerning the terms of contracts for allocations under
the power for jobs program, the terms of any contract with a recipient
of power allocated under phase two of the power for jobs program that
has expired or will expire on or before the thirty-first day of August,
two thousand two, may be extended by the power authority of the state of
New York for an additional period of three months effective on the date
of such expiration, pending the filing and approval of an application by
such recipient for an allocation under the fifth phase of the program.
The term of any new contract with such recipient under the fifth phase
of the program shall be deemed to include any three month contract
extension made pursuant to this subdivision and the termination date of
any such new contract under phase five shall be no later than if such
new contract had commenced upon the expiration of the recipient's
original phase two contract. The terms of any contract with a recipient
of power allocated under phase four and/or phase five of the power for
jobs program that has expired or will expire on or before the thirty-
first day of December, two thousand five, may be extended by the power
authority of the state of New York from a date beginning no earlier than
the first day of December, two thousand four and extending through [June
second] JUNE THIRTIETH, two thousand [ten] ELEVEN.
(l) The board shall solicit and review applications for the power for
jobs electricity savings reimbursements and contract extensions from
recipients of power for jobs allocations under phases four and five of
the program for the award of such reimbursements and/or contract exten-
sions. The board may prescribe a simplified form and content for an
application for such reimbursements or extensions. An applicant shall be
eligible for such reimbursements and/or extensions only if it is in
compliance with and agrees to continue to meet the job retention and
creation commitments set forth in its prior power for jobs contract, or
such other commitments as the board deems reasonable; provided, however,
that for the power for jobs electricity savings reimbursements and
contract extensions granted on or after June thirtieth, two thousand
nine through [June second] JUNE THIRTIETH, two thousand [ten] ELEVEN,
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 [June second] JUNE THIRTIETH, two thousand [ten] ELEVEN.
At no time shall a recipient receive both a reimbursement and extension
after December first, two thousand four. The power authority of the
state of New York shall receive notification from the board regarding
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the award of power for jobs electricity savings reimbursements and/or
contract extensions.
S 4. Section 9 of chapter 316 of the laws of 1997 amending the public
authorities law and other laws relating to the provision of low cost
power to foster statewide economic development, as amended by chapter 88
of the laws of 2010, is amended to read as follows:
S 9. This act shall take effect immediately [and]; PROVIDED HOWEVER
THAT SECTIONS ONE, TWO, THREE, FIVE AND SIX OF THIS ACT shall expire and
be deemed repealed [June 2, 2010] JUNE 30, 2011.
S 5. Section 11 of chapter 645 of the laws of 2006 amending the
economic development law and other laws relating to reauthorizing the
New York power authority to make contributions to the general fund, as
amended by chapter 88 of the laws of 2010, is amended to read as
follows:
S 11. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2006; provided,
however, that the amendments to section 183 of the economic development
law and subparagraph 2 of paragraph g of the ninth undesignated para-
graph of section 1005 of the public authorities law made by sections two
and six of this act shall not affect the expiration of such section and
subparagraph, respectively, and shall be deemed to expire therewith;
provided further, however, that the amendments to section 189 of the
economic development law and subdivision 9 of section 186-a of the tax
law made by sections three, four, five and ten of this act shall not
affect the repeal of such section and subdivision, respectively, and
shall be deemed to be repealed therewith; provided further, however,
that section seven of this act shall expire and be deemed repealed [June
2, 2010] JUNE 30, 2011.
S 6. Section 183 of the economic development law, as amended by chap-
ter 316 of the laws of 1997, subdivision (g) as amended by chapter 226
of the laws of 2002, subdivision (h) as added by chapter 313 of the laws
of 2005 and paragraphs 2 and 4 of subdivision (h) as amended by chapter
88 of the laws of 2010, 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 of power under the power for jobs program AND THE POWER
SOLUTIONS PROGRAM and to make recommendations with respect to such
proposed allocations; PROVIDED HOWEVER, THAT THE BOARD SHALL NOT ACCEPT
ANY NEW APPLICATION THAT REQUESTS AN ALLOCATION OF POWER UNDER THE POWER
FOR JOBS PROGRAM AFTER JUNE THIRTIETH, TWO THOUSAND ELEVEN.
(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 power under the power [for jobs]
SOLUTIONS program and industrial incentive awards specifically provided
for in this section.
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(e) In consultation with the department of public service, to estab-
lish and develop guidelines for a competitive procurement process as
provided in subdivision (c) of section one hundred eighty-nine of this
article.
(f) 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 URBAN
DEVELOPMENT CORPORATION AND THE DEPARTMENT OF ECONOMIC DEVELOPMENT,
shall render such services to the board [within their respective func-
tions] 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.
(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] SOLUTIONS 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]
SOLUTIONS 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 megawatts 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 addi-
tional one hundred eighty-three megawatts 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 begin promptly after the
effective date of the chapter of the laws of two thousand two making
such power available] JANUARY THIRTY-FIRST, TWO THOUSAND ELEVEN.
(h) 1. The board shall solicit applications for and make recommenda-
tions for approval of energy cost savings benefits [in amounts made
available pursuant to the twelfth undesignated paragraph of section one
thousand five of the public authorities law] for the purpose of lowering
the cost of electricity to eligible businesses.
2. [During the period commencing] COMMENCING on November first, two
thousand five [and ending on June second, 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 development 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
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before June second, 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 thou-
sand six].
3. Each application for an energy cost savings benefit shall be evalu-
ated under criteria adopted by the board in consultation with the power
authority of the state of New York, which criteria shall be designed to
promote economic development, maintain and develop jobs, and encourage
new capital investment throughout the state of New York. Such criteria
shall address but need not be limited to:
(a) the overall economic impact of the applicant in terms of the
number of jobs to be created or retained, average annual payroll, capi-
tal investment and use of New York state suppliers;
(b) the likelihood that in the absence of approval of an energy cost
savings benefit, the applicant would close, contract or relocate outside
the state of New York;
(c) the applicant's compliance with the commitment to retain and/or
create jobs contained in its prior power contract with the power author-
ity of the state of New York; and
(d) the extent to which an energy cost savings benefit will affect the
overall productivity or competitiveness of the applicant's business and
its existing employment within the state.
(E) THE EXTENT TO WHICH THE APPLICANT HAS PREVIOUSLY UNDERTAKEN ENERGY
AUDITS AND/OR INVESTED IN ENERGY EFFICIENCY MEASURES INCLUDING CONSIDER-
ATION OF THE TIMING OF SUCH AUDITS OR MEASURES, THE AMOUNT OF INVEST-
MENTS IN ENERGY EFFICIENCY RELATIVE TO THE SIZE, NATURE AND HISTORIC
ENERGY CONSUMPTION, AND OTHER CAPITAL INVESTMENTS OF THE BUSINESS, THE
RELATIVE IMPROVEMENT IN ENERGY EFFICIENCY AND/OR NET ENERGY OR FINANCIAL
SAVINGS RESULTING FROM SUCH INVESTMENTS, AND SUCH OTHER FACTORS AS THE
BOARD MAY CONSIDER APPROPRIATE, AND/OR THE EXTENT TO WHICH THE APPLICANT
WILL AGREE, IF RECOMMENDED BY THE BOARD, TO COMMIT TO MAKING COST EFFEC-
TIVE TANGIBLE INVESTMENTS IN ENERGY EFFICIENCY MEASURES;
(F) THE BOARD MAY ALSO CONSIDER THE EXTENT TO WHICH THE APPLICANT HAS
INVESTED IN ONSITE POWER GENERATION FOR COMBINED HEAT AND POWER AND/OR
DISTRIBUTED GENERATION PURPOSES OR WILL AGREE, IF RECOMMENDED BY THE
BOARD, TO CONSIDER MAKING COST EFFECTIVE TANGIBLE INVESTMENTS IN ONSITE
POWER GENERATION FOR COMBINED HEAT AND POWER AND/OR DISTRIBUTED GENER-
ATION PURPOSES AS IDENTIFIED PURSUANT TO SUBDIVISION SEVENTEEN OF
SECTION ONE THOUSAND FIVE OF THE PUBLIC AUTHORITIES LAW AS A CONDITION
TO RECEIVING AN AWARD; PROVIDED HOWEVER, THAT IN NO EVENT SHALL THE
ABSENCE OF SUCH INVESTMENT OR CONSIDERATION COUNT AGAINST THE APPLI-
CANT'S ELIGIBILITY FOR AN AWARD.
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
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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 June second, 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 commitments that may
include, but are not limited to, levels of employment, capital invest-
ment, ENERGY EFFICIENCY MEASURES and power utilization. Recommendation
for approval of an energy cost savings benefit shall qualify an appli-
cant 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.
5. The transfer of an energy cost savings benefit shall be prohibited
unless specifically approved by the board as consistent with the crite-
ria established pursuant to this paragraph. Any transfer which occurs
without the board's approval shall be invalid and such transfer may
subject the recipient to revocation of its benefit and modification or
revocation of its contract.
S 7. 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
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.
(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 JANUARY
THIRTY-FIRST, TWO THOUSAND ELEVEN; PROVIDED, HOWEVER, THAT FOR POWER
SOLUTIONS PROGRAM AWARDS AND EXTENSIONS GRANTED ON OR AFTER JUNE THIRTI-
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ETH, TWO THOUSAND SEVENTEEN THROUGH JUNE THIRTIETH, TWO THOUSAND EIGH-
TEEN, THE BOARD SHALL EXPEDITE THE AWARDING OF SUCH AWARDS AND/OR EXTEN-
SIONS AND SHALL DEFER THE REVIEW OF COMPLIANCE WITH SUCH COMMITMENTS
UNTIL AFTER THE APPLICANT HAS BEEN AWARDED A POWER SOLUTIONS PROGRAM
AWARD AND/OR CONTRACT EXTENSION; PROVIDED FURTHER, HOWEVER, THAT THE
BOARD SHALL NOT ACCEPT ANY NEW APPLICATION THAT REQUESTS AN ALLOCATION
OF POWER UNDER THE POWER SOLUTIONS PROGRAM AFTER JUNE THIRTIETH, TWO
THOUSAND EIGHTEEN. SUCH NOTICE MAY INCLUDE NEWSPAPER ADVERTISEMENTS,
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 THE GOVERNOR, 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 FACILI-
TIES 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. THE BOARD MAY RECOMMEND TO THE AUTHORITY THAT
A POWER SOLUTIONS PROGRAM AWARD BE AWARDED TO AN APPLICANT BASED ON AN
APPLICATION OF THE FOLLOWING CRITERIA:
(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;
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(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 PREVIOUSLY UNDERTAKEN
ENERGY AUDITS AND/OR INVESTED IN ENERGY EFFICIENCY MEASURES INCLUDING
CONSIDERATION OF THE TIMING OF SUCH AUDITS OR MEASURES, THE AMOUNT OF
INVESTMENTS IN ENERGY EFFICIENCY RELATIVE TO THE SIZE, NATURE AND
HISTORIC ENERGY CONSUMPTION, AND OTHER CAPITAL INVESTMENTS OF THE BUSI-
NESS, THE RELATIVE IMPROVEMENT IN ENERGY EFFICIENCY AND/OR NET ENERGY OR
FINANCIAL SAVINGS RESULTING FROM SUCH INVESTMENTS, AND SUCH OTHER
FACTORS AS THE BOARD MAY CONSIDER APPROPRIATE, AND/OR THE EXTENT TO
WHICH THE APPLICANT WILL AGREE, IF RECOMMENDED BY THE BOARD, TO COMMIT
TO MAKING COST EFFECTIVE TANGIBLE INVESTMENTS IN ENERGY EFFICIENCY MEAS-
URES;
(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 IN THE AREA IN WHICH THE BUSI-
NESS 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;
(XIII) IMPACT OF CURRENT ECONOMIC CONDITIONS ON THE APPLICANT;
(XIV) THE BOARD MAY ALSO CONSIDER THE EXTENT TO WHICH THE APPLICANT
HAS INVESTED IN ONSITE POWER GENERATION FOR COMBINED HEAT AND POWER
AND/OR DISTRIBUTED GENERATION PURPOSES OR WILL AGREE, IF RECOMMENDED BY
THE BOARD, TO CONSIDER MAKING COST EFFECTIVE TANGIBLE INVESTMENTS IN
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 AN AWARD; PROVIDED HOWEVER, THAT IN NO EVENT SHALL THE
ABSENCE OF SUCH INVESTMENT OR CONSIDERATION COUNT AGAINST THE APPLI-
CANT'S ELIGIBILITY FOR AN AWARD; AND
(XV) THE EXTENT OF THE APPLICANT'S APPLICANT'S WILLINGNESS TO MAKE
JOBS AVAILABLE TO PERSONS DEFINED AS ELIGIBLE FOR SERVICES UNDER THE
FEDERAL WORKFORCE INVESTMENT ACT (P.L. 105-220) AND THE EXTENT OF THE
APPLICANT'S WILLINGNESS TO ENHANCE, TO THE DEGREE PRACTICABLE, THE
PARTICIPATION OF SMALL BUSINESS CONCERNS AND MINORITY AND WOMEN-OWNED
BUSINESSES CERTIFIED PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW;
AND
(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 MAY BE FOR MULTIPLE YEARS, PROVIDED HOWEVER THAT THE
TERM OF ANY SUCH CONTRACT SHALL NOT BECOME EFFECTIVE BEFORE JULY FIRST,
TWO THOUSAND ELEVEN; AND (3) 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
A. 11522 10
OR COMPLETE WITHDRAWAL OF A POWER SOLUTIONS PROGRAM AWARD IN THE CASE OF
A PROGRAM PARTICIPANT THAT FAILS TO MAINTAIN MUTUALLY AGREED UPON
COMMITMENTS, INCLUDING BUT NOT LIMITED TO LEVELS OF EMPLOYMENT, POWER
UTILIZATION, CAPITAL INVESTMENTS, AND ENERGY EFFICIENCY MEASURES.
(C) WHEN DETERMINING THE LENGTH OF A CONTRACT OFFERED TO AN APPLICANT
PURSUANT TO THIS SECTION, THE BOARD SHALL CONSIDER THE EXTENT OF AN
APPLICANT'S COMMITMENT TOWARDS NEW CAPITAL INVESTMENT AND ENERGY EFFI-
CIENCY MEASURES.
(D) 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.
(E) 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 IN CONSULTATION
WITH THE BOARD DETERMINES TO BE APPROPRIATE INCLUDING SUCH TERMS THAT
MAY BE DEEMED APPROPRIATE AND/OR NECESSARY AS A RESULT OF THE FINDINGS
OF AN ENERGY AUDIT CONDUCTED PURSUANT TO SUBDIVISION SEVENTEEN OF
SECTION ONE THOUSAND FIVE OF THE PUBLIC AUTHORITIES LAW. PROVIDED THAT
AN APPLICANT'S FAILURE TO COMPLY WITH TERMS DEEMED NECESSARY AS A RESULT
OF THE FINDINGS OF SUCH AUDIT SHALL BE A BASIS TO FORFEIT AN AWARD
PROVIDED BY SUCH CONTRACT. 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.
(F) 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.
(G) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, WITH RESPECT
TO APPLICANTS WHO AS OF JUNE FIRST, TWO THOUSAND ELEVEN, ARE IN SUBSTAN-
TIAL COMPLIANCE WITH ALL CONTRACTUAL COMMITMENTS AND RECEIVING BENEFITS
UNDER THE POWER FOR JOBS PROGRAM, BUT WOULD OTHERWISE NOT RECEIVE A
RECOMMENDATION FROM THE BOARD FOR A POWER SOLUTIONS PROGRAM AWARD, THE
BOARD SHALL RECOMMEND AND THE AUTHORITY 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. NOTHING HEREIN SHALL PROHIBIT OR IN ANY WAY LIMIT ANY
APPLICANTS WHO ARE IN SUBSTANTIAL COMPLIANCE WITH ALL CONTRACTUAL
COMMITMENTS AND RECEIVING BENEFITS UNDER THE POWER FOR JOBS PROGRAM
WHETHER OR NOT THEY ARE SUBJECT TO AN AWARD PHASE OUT PURSUANT TO THIS
PARAGRAPH, FROM APPLYING FOR OR RECEIVING A POWER SOLUTIONS AWARD FOR
WHICH THEY WOULD OTHERWISE QUALIFY, PROVIDED HOWEVER THAT THE RECEIPT OF
AN ECONOMIC BENEFIT POWER AWARD BY AN APPLICANT SHALL BAR ANY FURTHER
ELIGIBILITY FOR AN AWARD PHASE OUT, AND NO APPLICANT SHALL RECEIVE BOTH
A. 11522 11
A POWER SOLUTIONS AWARD AND AN AWARD PHASE OUT PURSUANT TO THIS PARA-
GRAPH FOR THE SAME CALENDAR OR BILLING PERIOD.
(H) THE BOARD SHALL NOT RECOMMEND POWER SOLUTIONS PROGRAM AWARDS UNDER
THE POWER SOLUTIONS PROGRAM IN EXCESS OF FOUR HUNDRED EIGHTY-THREE MEGA-
WATTS OF ELECTRICITY. ANY POWER SOLUTIONS AWARD WHICH IS RELINQUISHED
OR WITHDRAWN SHALL BE AVAILABLE FOR REALLOCATION TO ELIGIBLE APPLICANTS.
(I) (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. SUCH EVALUATION
SHALL DETERMINE WHETHER THE SERVICES PROVIDED HAVE HELPED RECIPIENTS TO
SUCCEED, BASED ON A COMPARISON 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 SUBMITTED BY JUNE THIRTIETH, TWO THOUSAND TWELVE
AND BY JUNE THIRTIETH EVERY TWO 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 8. Subparagraph 2 of paragraph g of the ninth undesignated paragraph
of section 1005 of the public authorities law, as amended by chapter 217
of the laws of 2009, is amended to read as follows:
2. The authority, as deemed feasible and advisable by the trustees, is
authorized to make payments to recipients of the power for jobs elec-
tricity savings reimbursements, POWER SOLUTIONS PROGRAM ELECTRICITY
SAVINGS REIMBURSEMENTS AND/OR PAYMENTS and additional annual voluntary
contributions into the state treasury to the credit of the general fund.
The authority shall make such contributions to the state treasury no
later than ninety days after the end of the calendar year in which a
credit under subdivision nine of section one hundred eighty-six-a of the
tax law is available: (a) for the additional three hundred megawatts of
power under the fourth phase of the program provided under chapter
sixty-three of the laws of two thousand and under the fifth phase for
the additional one hundred eighty-three megawatts provided under chapter
two hundred twenty-six of the laws of two thousand two; [and] (b) for
any extension of any contract for allocations under the fourth phase of
the program and under the fifth phase of the program; AND (C) FOR MEGA-
WATTS ALLOCATED UNDER THE POWER SOLUTIONS PROGRAM. Payments for any
electricity savings reimbursement under section one hundred eighty-nine
OR ONE HUNDRED EIGHTY-EIGHT-A of the economic development law shall be
made pursuant to such section. Such annual contributions shall be equal
to fifty percent of the total amount of such credits available each year
to all local distributors of electricity. In addition, such authori-
zation for contribution in state fiscal year two thousand two--two thou-
sand three shall be equal to the total amount of credit available in two
thousand one and two thousand two; and such authorization for contrib-
ution in state fiscal year two thousand three--two thousand four shall
be equal to the total amount of credit available in two thousand three;
under subdivision nine of section one hundred eighty-six-a of the tax
law under the fourth phase of the program for the additional three
hundred megawatts provided under chapter sixty-three of the laws of two
thousand and under the fifth phase for the additional one hundred eight-
y-three megawatts provided under chapter two hundred twenty-six of the
A. 11522 12
laws of two thousand two. In state fiscal year two thousand four--two
thousand five, such authorized annual contribution shall be equal to one
hundred percent of the total amount of such credits available each year
to all local distributors of electricity. Such authorization for
contribution in state fiscal years two thousand four and two thousand
five shall be equal to the total amount of credit available in two thou-
sand four and two thousand five; under subdivision nine of section one
hundred eighty-six-a of the tax law under the fourth phase of the
program for the additional three hundred megawatts provided under chap-
ter sixty-three of the laws of two thousand and under the fifth phase
for the additional one hundred eighty-three megawatts provided under
chapter two hundred twenty-six of the laws of two thousand two. In addi-
tion, such authorization for contribution for any extension of any
contract for allocations under the fourth phase of the program and under
the fifth phase of the program in each state fiscal year shall be equal
to the total amount of credit or reimbursement available in state fiscal
year two thousand four--two thousand five, state fiscal year two thou-
sand five--two thousand six and two thousand six--two thousand seven.
Additionally, notwithstanding any other section of law, the authority is
authorized to make a contribution in an amount related to total amounts
of credit received under phases one, two, three, four and five of the
program. In no case shall the contribution for state fiscal year two
thousand five--two thousand six be less than seventy-five million
dollars. The contribution for state fiscal year two thousand six--two
thousand seven shall be one hundred million dollars. The contribution
for state fiscal year two thousand seven--two thousand eight shall be
thirty million dollars. The contribution for state fiscal year two thou-
sand eight--two thousand nine shall be twenty-five million dollars. The
contribution for state fiscal year two thousand nine--two thousand ten
shall be twelve million five hundred thousand dollars. THE CONTRIBUTION
FOR EACH STATE FISCAL YEAR BEGINNING WITH TWO THOUSAND TEN--TWO THOUSAND
ELEVEN SHALL BE EQUAL TO THE AMOUNT OF THE CREDITS ALLOWED PURSUANT TO
SUBDIVISION NINE OF SECTION ONE HUNDRED EIGHTY-SIX-A OF THE TAX LAW. The
department of public service shall estimate the payment due by the end
of the calendar year in which the credit is available. In no case shall
the amount of the total annual contributions for the years during which
delivery and sale of power associated with all power for jobs phases and
any extensions thereof takes place exceed the aggregate total of four
hundred [sixty-one] SEVENTY-FOUR million [five hundred thousand]
dollars.
S 9. The opening paragraph of subdivision 13 of section 1005 of the
public authorities law, as amended by chapter 645 of the laws of 2006,
is amended to read as follows:
Notwithstanding any other provision of law to the contrary but subject
to the terms and conditions of federal energy regulatory commission
licenses, to allocate or reallocate directly or by sale for resale, two
hundred fifty megawatts of firm Niagara project hydroelectric power as
"expansion power" and four hundred forty-five megawatts of firm Niagara
project hydroelectric power as "replacement power" to businesses within
the state located within thirty miles of the Niagara project, and four
hundred ninety megawatts of firm and interruptible power from the Saint
Lawrence-FDR project as "preservation power" sold to businesses located
within the counties of Jefferson, Saint Lawrence and Franklin, provided
that the amount of expansion power allocated to businesses in Chautauqua
county on January first, nineteen hundred eighty-seven shall continue to
be allocated in such county [and, provided further that up to seventy
A. 11522 13
megawatts of replacement power, up to thirty-eight and six-tenths mega-
watts of preservation power from the Saint Lawrence-FDR project which is
relinquished or withdrawn after the effective date of chapter three
hundred thirteen of the laws of two thousand five which amended this
subdivision and, for the period ending on December thirty-first, two
thousand six, up to twenty megawatts of other power from the Saint
Lawrence-FDR project which is unallocated as of the effective date of
chapter three hundred thirteen of the laws of two thousand five which
amended this subdivision, shall be allocated by the authority together
with such other funds of the authority as the trustees deem feasible and
advisable for energy cost savings benefits pursuant to the twelfth
undesignated paragraph of this section. Provided, however, that the
amount of replacement, preservation power, or the additional twenty
megawatts of Saint Lawrence-FDR power for the period ending December
thirty-first, two thousand six made available for such purpose, used for
energy cost savings benefits that are relinquished by or withdrawn from
a recipient thereof shall be offered by the authority proportionately
for a period of six months for reallocation to applicants who qualify
respectively for replacement or preservation power allocations as
provided in this subdivision. If such power is not allocated within such
period it shall be allocated for the purpose of energy cost savings
benefits pursuant to subdivision (h) of section one hundred eighty-three
of the economic development law]. The authority shall negotiate
contracts on reasonable terms and conditions to renew or extend every
permanent contract allocation of expansion power in effect on the effec-
tive date of this subdivision and, to the extent consistent with such
contracts, the authority shall negotiate contracts on reasonable terms
and conditions to extend or renew all other allocations or allotments of
such power in effect on such date. The authority shall negotiate
contracts on reasonable terms and conditions to renew or extend for a
period of at least five years every permanent contract allocation of
replacement power in effect on the effective date of chapter three
hundred thirteen of the laws of two thousand five which added this
sentence and that would expire by its terms on or before the end of the
initial federal energy regulatory commission license for the Niagara
project; provided that, in negotiating the terms and conditions of such
contracts, the authority may consider a business' compliance with all
current contractual obligations, including employment and power usage
commitments. Contracts entered into pursuant to this subdivision shall
contain reasonable provisions providing for the partial or complete
withdrawal of the power in the event the recipient fails to maintain
mutually agreed levels of employment, investment, and power utilization.
Expansion or replacement power relinquished by businesses or withdrawn
by the authority shall be allocated directly or by sale for resale by
the authority to businesses within the state located within thirty miles
of the Niagara project provided, that the amount of power allocated to
businesses in Chautauqua county on January first, nineteen hundred
eighty-seven shall be allocated in such county. Preservation power that
is relinquished by businesses or withdrawn by the authority shall be
allocated directly or by sale for resale by the authority within the
counties of Jefferson, Saint Lawrence and Franklin. Allocations made
pursuant to this paragraph shall be made in accordance with criteria
established by the trustees. Such criteria shall address the expansion
of industry and employment pursuant to paragraph (a) of this subdivision
and the revitalization of existing industry pursuant to paragraph (b) of
this subdivision.
A. 11522 14
S 10. Paragraph (a) of subdivision 16 of section 1005 of the public
authorities law, as added by chapter 477 of the laws of 2009, is amended
to read as follows:
(a) As deemed feasible and advisable by the trustees, to finance and
design, develop, construct, implement, provide and administer energy-re-
lated projects, programs and services for any public entity and any
recipient of the economic development power, expansion power, replace-
ment power, preservation power, high load factor power, municipal
distribution agency power, [and] the power for jobs AND THE POWER
SOLUTIONS programs administered by the authority. In establishing and
providing high performance and sustainable building programs and
services authorized by this subdivision, the authority is authorized to
consult standards, guidelines, rating systems, and/or criteria estab-
lished or adopted by other organizations, including but not limited to
the United States green building council under its leadership in energy
and environmental design (LEED) programs, the green building initi-
ative's green globes rating system, and the American National Standards
Institute. The source of any financing and/or loans provided by the
authority for the purposes of this subdivision may be the proceeds of
notes issued pursuant to section one thousand nine-a of this title, the
proceeds of bonds issued pursuant to section one thousand ten of this
title, or any other available authority funds.
S 11. 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
UNDERTAKE AN ENERGY AUDIT OF EVERY APPLICANT THAT THE BOARD HAS RECOM-
MENDED TO RECEIVE AN AWARD UNDER THE POWER SOLUTIONS PROGRAM AND ENERGY
COST SAVINGS BENEFITS. SUCH AUDIT SHALL BE CONDUCTED WITHIN TWO YEARS
AFTER RECEIVING A CONTRACT FOR AN 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 GENERATION PURPOSES. APPLICANTS' ENERGY AUDITS
PERFORMED UP TO FIVE YEARS PRIOR TO THE DATE OF APPLICATION SUBMISSION
MAY BE CONSIDERED BY THE BOARD IN SATISFACTION OF THE REQUIREMENTS OF
THIS SUBDIVISION. 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 DIRECT-
LY.
18. FOR THE PURPOSE OF FURNISHING THE STATE WITH SYSTEMATIC INFORMA-
TION REGARDING THE STATUS AND THE ACTIVITIES OF THE AUTHORITY, THE
AUTHORITY SHALL SUBMIT TO THE GOVERNOR, THE 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 THE ECONOMIC
DEVELOPMENT ASSISTANCE IT ADMINISTERS. SUCH ANNUAL REPORT SHALL INCLUDE,
BUT NOT BE LIMITED TO, THE FOLLOWING INFORMATION:
(A) THE NUMBER OF COMMERCIAL/INDUSTRIAL RECIPIENTS OF ECONOMIC DEVEL-
OPMENT ASSISTANCE BENEFITS, THE ECONOMIC DEVELOPMENT REGION, WHERE THE
A. 11522 15
RECIPIENTS ARE 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, APPROXIMATE ENERGY EFFICIENCY SAVINGS AND
AMOUNT OF POWER REALLOCATED FROM PREVIOUS YEARS DUE TO FORFEITED BENE-
FITS;
(B) COST TO THE AUTHORITY TO PROVIDE ECONOMIC DEVELOPMENT ASSISTANCE
BENEFITS DURING THE PREVIOUS FISCAL YEAR;
(C) SOURCES, TYPES AND COSTS OF POWER OBTAINED FOR THE ECONOMIC DEVEL-
OPMENT ASSISTANCE IT ADMINISTERS, INCLUDING, BUT NOT LIMITED TO, AN
EXPLANATION OF HOW POWER IS OBTAINED BY THE AUTHORITY TO SUPPORT THE
ECONOMIC DEVELOPMENT ASSISTANCE IT ADMINISTERS, AND A SUMMARY OF NEW
YORK INDEPENDENT SYSTEM OPERATOR (NYISO) OR ITS SUCCESSOR CHARGES PAID
BY AUTHORITY CUSTOMERS; AND
(D) RECOMMENDATIONS AS TO IMPROVEMENTS TO AND/OR EXPANSION OF THE
POWER SOLUTIONS PROGRAM.
S 12. Subdivision 9 of section 186-a of the tax law, as amended by
chapter 217 of the laws of 2009, is amended to read as follows:
9. Notwithstanding any other provision of this chapter or any other
law to the contrary, for taxable periods nineteen hundred ninety-seven
[through] and [including two thousand ten] THEREAFTER, any utility which
delivers power under the power for jobs program OR THE POWER SOLUTIONS
PROGRAM, as established by section one hundred eighty-nine OR ONE
HUNDRED EIGHTY-EIGHT-A of the economic development law, shall be allowed
a credit, subject to the limitations thereon contained in this subdivi-
sion, against the tax imposed under this section equal to net lost
revenues from the delivery of power under such power for jobs program OR
POWER SOLUTIONS PROGRAM. Net lost revenues means the "net receipts"
less "net utility revenue" from such delivery of power. For purposes of
this subdivision, "net receipts" shall mean the amount that the utility
would have otherwise received from customers receiving power pursuant to
allocations by the New York state economic development power allocation
board in accordance with section one hundred eighty-nine OR ONE HUNDRED
EIGHTY-EIGHT-A of the economic development law, or from customers whose
allocation has been transferred to an energy service company, or from
energy service companies to which such allocation has been transferred,
pursuant to its tariff supervised by the public service commission for
substantially comparable service otherwise applicable to such customers
or energy service companies in the absence of such designation, less the
utility's annual average incremental short-term variable and capacity
costs of providing such power in the absence of such purchase. For the
purposes of this subdivision, "net utility revenue" shall mean the
revenues the utility actually receives in accordance with such section
one hundred eighty-nine OR ONE HUNDRED EIGHTY-EIGHT-A from such custom-
ers so designated by the New York state economic development power allo-
cation board or from customers whose allocation has been transferred to
an energy service company, or from the energy service companies to which
a power for jobs OR POWER SOLUTIONS allocation has been transferred,
less the utility's cost of such power under such program. Provided,
however, that any credit under this section shall be used only with
respect to the same taxable year during which such credit arose and
shall not be capable of being carried forward or backward to any other
taxable period. Nor shall any credit be allowed to any utility for the
total amount of power, expressed in kilowatt hours, purchased by the
customers of such utility under such program during the taxable period
that exceeds the prorated "baseline energy use" by all customers of that
A. 11522 16
utility purchasing power under such program during the taxable period.
"Baseline energy use" with respect to each customer shall mean the larg-
est amount of kilowatt hours of energy used by such customer during any
twelve consecutive month period occurring during the preceding thirty
months immediately preceding the New York state economic development
power allocation board's recommendation of such customer's application,
prorated to reflect the length of time of the customer's participation
in such program during the taxable period. Provided further, however,
that in accordance with subdivision (k) of section one hundred eighty-
nine of the economic development law no tax credit shall be available
for any revenue losses when a utility has declined to purchase power
allocated for sale under such program. No electric corporation shall be
allowed the tax credit authorized by this subdivision until it shall
file a certificate from the department of public service for the period
covered by the return verifying that the calculation of such tax credit
complies with this subdivision and the department of public service has
approved such certificate and forwarded a copy of such approved certif-
icate to the commissioner or any amended certificate resulting from the
need for correction. The credit allowed by this subdivision shall not be
applicable in calculating any other tax imposed or authorized to be
imposed by this chapter or any other law, and the amount of the tax
surcharge imposed under section one hundred eighty-six-c of this article
shall be calculated and payable as if the credit provided for by this
subdivision were not allowed.
S 13. 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 14. Notwithstanding the provisions of article 5 of the general
construction law, the provisions of chapter 316 of the laws of 1997, and
section 7 of chapter 645 of the laws of 2006, are hereby revived and
shall continue in full force and effect as such provisions existed on
June 2, 2010.
S 15. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after June 2, 2010; provided
that the amendments to section 189 of the economic development law made
by sections two and three of this act shall not affect the repeal of
such section and shall be deemed repealed therewith; provided further,
that section 188-a of the economic development law as added by section
seven of this act shall expire and be deemed repealed June 30, 2018;
provided further, that the amendments to the ninth undesignated para-
graph and paragraph (a) of subdivision sixteen of section 1005 of the
public authorities law made by sections eight and ten of this act,
respectively, shall not affect the expiration of such provisions and
shall expire therewith and, provided further, that the addition of
subdivisions 17 and 18 of section 1005 of the public authorities law
made by section eleven of this act shall expire and be deemed repealed
June 30, 2018; provided that the amendment to subdivision 9 of section
186-a of the tax law made by section twelve of this act shall not affect
the repeal of such subdivision and shall expire and be deemed repealed
therewith.