S T A T E O F N E W Y O R K
________________________________________________________________________
11426
I N A S S E M B L Y
June 11, 2010
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Cahill) --
read once and referred to the Committee on Energy
AN ACT to amend the economic development law; chapter 316 of the laws of
1997 amending the public authorities law and other laws relating to
the provision of low cost power to foster statewide economic develop-
ment; and chapter 645 of the laws of 2006 amending the economic devel-
opment law and other laws relating to reauthorizing the New York
power authority to make contributions to the general fund, in relation
to extending the expiration of the power for jobs program and the
energy cost savings benefits program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs 2 and 4 of subdivision (h) of section 183 of
the economic development law, as amended by chapter 88 of the laws of
2010, are amended to read as follows:
2. During the period commencing on November first, two thousand five
and ending on June [second] THIRTIETH, two thousand ten eligible busi-
nesses 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
before June [second] THIRTIETH, 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relinquished by or withdrawn from a recipient shall be deemed to be
relinquished or withdrawn for purposes of offering such megawatts by the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 avail-
able authority resources as deemed feasible and advisable by the trus-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17697-01-0
A. 11426 2
tees 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 June [second] THIRTIETH, 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 appli-
cant 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
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.
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] THIRTIETH, 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 deliv-
ery per kilowatt-hour for the quantity of electricity purchased and
delivered under the power for jobs program during a similar period in
the final year of the recipient's contract), results in an effective
unit cost of electricity during the quarter equal to the average 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
A. 11426 3
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 June
[second] THIRTIETH, 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 allo-
cated 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 expi-
ration, pending the filing and approval of an application by such recip-
ient 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 author-
ity 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] THIRTIETH, 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 June [second] THIRTIETH, two thousand ten, the board shall
expedite the awarding of such reimbursements and/or extensions and shall
defer the review of compliance with such commitments until after the
applicant has been awarded a power for jobs electricity 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
A. 11426 4
such contract extensions or reimbursements as applied for by the recipi-
ent for a period of time beginning December first, two thousand four and
ending June [second] THIRTIETH, 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 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 shall expire and be
deemed repealed June [2] 30, 2010.
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] 30, 2010.
S 6. 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 sections 183 and 189 of the economic development
law made by sections one, two and three of this act shall not affect the
expiration of such sections and shall be deemed repealed therewith.