S T A T E O F N E W Y O R K
________________________________________________________________________
2200
2009-2010 Regular Sessions
I N A S S E M B L Y
January 15, 2009
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Introduced by M. of A. MORELLE, CANESTRARI, MILLMAN, SWEENEY -- Multi-
Sponsored by -- M. of A. GOTTFRIED, TOWNS, WEINSTEIN -- read once and
referred to the Committee on Economic Development, Job Creation,
Commerce and Industry
AN ACT to amend the economic development law, in relation to contracts
of the New York state economic development power allocation board; and
providing for the repeal of such provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings and determinations, and statement of
purposes. The legislature hereby finds, determines and declares:
(a) that cultural institutions in the state promote public interest in
and knowledge of the arts and other cultural activities; attract artists
and others with creative talents who live in proximity to and perform
work related to such institutions; and otherwise vitally contribute to
educational, recreational and cultural activities and opportunities of
benefit to the people of the state; and that such institutions provide a
wealth of specialized educational and cultural activities designed for,
among others, students, minority and ethnic populations, senior citi-
zens, the unemployed, consumers and citizens interested in the perform-
ing arts; and that it is the sense of the legislature that the contrib-
utions of such institutions to the people of New York state have been
exceptional;
(b) that such institutions are essential to the existence of cultural
centers in the state, contribute to the continued existence and growth
in the state of industries related to the arts and other cultural activ-
ities, attract residents of and visitors to the state, including patrons
of the arts, generate substantial tax and other revenues in and for the
state, and otherwise vitally contribute to the economy and tax base of
the state;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04927-01-9
A. 2200 2
(c) that recognizing the importance of and public purpose served by
such institutions, the state has appropriated and expended substantial
funds for and has otherwise supported and assisted such institutions;
and
(d) that it is appropriate public policy and fully in the interests of
the people of the state to take steps as may be necessary to further
preserve and enhance the contributions of such cultural institutions in
New York.
S 2. The economic development law is amended by adding a new section
189-a to read as follows:
S 189-A. NEW YORK STATE ECONOMIC DEVELOPMENT POWER ALLOCATION BOARD
CONTRACTS. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, THE BOARD
IS AUTHORIZED TO ALLOCATE ANY POWER AVAILABLE UNDER THE ECONOMIC DEVEL-
OPMENT PROGRAM, THE POWER FOR JOBS PROGRAM, OR ANY OTHER PROGRAM TO
ELIGIBLE CULTURAL INSTITUTIONS, FOR CONTRACTS TO BE ENTERED INTO PRIOR
TO JULY FIRST, TWO THOUSAND TWELVE, WHICH CONTRACTS MAY EXPIRE NOT LATER
THAN JUNE THIRTIETH, TWO THOUSAND THIRTEEN. FOR THIS PURPOSE, THE POWER
AUTHORITY OF THE STATE OF NEW YORK IS AUTHORIZED TO PROVIDE ANY POWER
AVAILABLE FROM ANY SOURCE AND UNDER ANY PROGRAM, INCLUDING, WITHOUT
LIMITATION, ANY NEW TECHNOLOGY DEMONSTRATION PROJECT OR THE POWER FOR
JOBS PROGRAM; PROVIDED, HOWEVER, THAT IN CONSIDERING ANY SUCH ALLO-
CATION, NO CUSTOMER SHALL BE DENIED SUCH ALLOCATION ON THE BASIS THAT
SUCH CUSTOMER OR SUCH ELIGIBLE CULTURAL INSTITUTION IS UNABLE TO MAKE
COMMITMENTS AS TO THE NUMBER OF JOBS TO BE CREATED OR MAINTAINED BY SUCH
ALLOCATION. FOR THE PURPOSES OF THIS SECTION:
(A) THE TERM "ELIGIBLE CULTURAL INSTITUTION" SHALL MEAN A BUILDING OR
A SECTION OF A BUILDING, OR SUCH OUTDOOR SPACE INCLUDED IN THIS SUBDIVI-
SION, OCCUPIED OR UTILIZED BY A NON-PROFIT ARTS OR CULTURAL ORGANIZA-
TION, THE PURPOSES FOR WHICH MAY INCLUDE, BUT NOT BE LIMITED TO THE
FOLLOWING: PROVIDING SUPPORTIVE SPACE FOR LIVING EXHIBITS, MUSEUM SPACE,
PERFORMANCE ART SPACE, VISUAL OR AUDIO STUDIO SPACE, ADMINISTRATIVE
OFFICE SPACE OR ANY AND ALL RECREATIONAL, EDUCATIONAL, CULTURAL,
REHEARSAL, PARKING, RESTAURANT, RETAIL, STORAGE AND OTHER SPACE NECES-
SARY FOR EXPOSING THE PUBLIC TO ARTS AND CULTURAL EXHIBITS OR PERFORM-
ANCES; AND
(B) THE TERM "CUSTOMER" SHALL MEAN THE PERSON BILLED BY THE ELECTRICAL
UTILITY FOR ELECTRIC POWER CONSUMED IN CONNECTION WITH CULTURAL ACTIV-
ITIES OCCURRING IN AN ELIGIBLE CULTURAL INSTITUTION.
S 3. This act shall take effect immediately and shall expire and be
deemed repealed June 30, 2012; provided, however, that any contract
entered into under the authority of this act may continue until June 30,
2013.