S T A T E   O F   N E W   Y O R K
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                                  11523

                          I N  A S S E M B L Y

                              June 21, 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] MAY FIFTEENTH,  two  thousand  [ten]  ELEVEN
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 [June second] MAY FIFTEENTH, two thousand [ten] ELEVEN.
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savings  benefits, are not relinquished by or withdrawn from a recipient
shall be deemed to be relinquished or withdrawn for purposes of offering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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD17699-02-0

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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 [June second] MAY FIFTEENTH, two thou-
sand [ten] ELEVEN,  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  bene-
fit.  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 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.
  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] MAY FIFTEENTH, 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

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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
[June second] MAY FIFTEENTH, 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] MAY FIFTEENTH, 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] MAY FIFTEENTH, two thousand [ten] ELEVEN, the
board  shall  expedite the awarding of such reimbursements and/or exten-
sions 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

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a  period of time up to November thirtieth, two thousand four, and 2. of
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]  MAY FIFTEENTH, 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  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, 2010] MAY 15, 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] MAY 15, 2011.
  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.