Senate Bill S65001

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

                                    1

                      Eighth Extraordinary Session

                            I N  S E N A T E

                              June 29, 2009
                               ___________

Introduced by COMMITTEE ON RULES -- (at request of the Governor) -- read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Rules

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, the tax law and 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, in
  relation to extending the expiration of the power for jobs program and
  the energy cost savings benefits program; to amend the public authori-
  ties law, in relation to authorizing an additional voluntary  contrib-
  ution into the state treasury under the power for jobs program; and to
  amend  the  public  authorities  law,  in  relation to an energy audit
  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, paragraph 2 as amended by section 1 of part Y
of chapter 59 of the laws of 2008 and paragraph 4 as amended by  chapter
89 of the laws of 2007, are amended to read as follows:
  2.  During  the period commencing on November first, two thousand five
and ending on [June thirtieth] MAY FIFTEENTH, two  thousand  [nine]  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 [June thirtieth] MAY FIFTEENTH, two thousand [nine] TEN.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14489-02-9
              

S. 1                                2

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 [seven] NINE through [June thirtieth] MAY FIFTEENTH,
two thousand [eight] 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  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 section 2 of
part Y of chapter 59 of the laws of 2008, 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
thirtieth]   MAY  FIFTEENTH,  two  thousand  [nine]  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. 1                                3

  S 3. Subdivisions (f) and (l) of section 189 of the economic  develop-
ment law, as amended by section 3 of part Y of chapter 59 of the laws of
2008, 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
[June thirtieth] MAY FIFTEENTH, two thousand [nine] TEN.   Notwithstand-
ing  any  provision  of  law  to  the  contrary, and, in particular, the
provisions of this chapter concerning the terms of contracts  for  allo-
cations 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 effec-
tive 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 earli-
er than the first day of  December,  two  thousand  four  and  extending
through [June thirtieth] MAY FIFTEENTH, two thousand [nine] 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

S. 1                                4

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
[seven] NINE  through  [June  thirtieth]  MAY  FIFTEENTH,  two  thousand
[eight]  TEN,  the  board shall expedite the awarding of such reimburse-
ments 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 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 thirtieth] MAY FIFTEENTH,  two
thousand  [nine]  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 section 4
of part Y of chapter 59 of the laws of  2008,  is  amended  to  read  as
follows:
  S  9.  This  act shall take effect immediately and shall expire and be
deemed repealed [June 30] MAY 15, [2009] 2010.
  S 5. Subdivision 9 of section 186-a of the  tax  law,  as  amended  by
section  5  of  part  Y of chapter 59 of the laws of 2008, 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 [nine] TEN, any utility which  deliv-
ers  power  under  the power for jobs program, as established by section
one hundred eighty-nine  of  the  economic  development  law,  shall  be
allowed  a  credit, subject to the limitations thereon contained in this
subdivision, against the tax imposed under this  section  equal  to  net
lost  revenues  from  the  delivery  of  power under such power for jobs
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  other-
wise  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 of the economic develop-
ment  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 subdivi-
sion, "net utility revenue" shall mean the revenues the utility actually
receives in accordance with such section one  hundred  eighty-nine  from
such  customers so designated by the New York state economic development
power allocation board or  from  customers  whose  allocation  has  been

S. 1                                5

transferred  to  an  energy  service company, or from the energy service
companies to which a power for jobs  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
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  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 section 6 of part Y of chapter 59 of the  laws  of  2008,  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
30] MAY 15, [2009] 2010.
  S  7.    Subparagraph 2 of paragraph g of the ninth undesignated para-
graph of section 1005 of the  public  authorities  law,  as  amended  by

S. 1                                6

section  7  of  part  Y of chapter 59 of the laws of 2008, 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 and additional annual voluntary  contrib-
utions  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. Payments for any elec-
tricity savings reimbursement under section one hundred  eighty-nine  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 authorization for contribution  in  state
fiscal  year  two thousand two--two thousand three shall be equal to the
total amount of credit available in two thousand one  and  two  thousand
two;  and  such  authorization for contribution 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  eighty-three  megawatts  provided
under chapter two hundred twenty-six of the 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 thousand 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 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
laws  of  two thousand two. In addition, such authorization for contrib-
ution 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 thousand 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

S. 1                                7

seven--two thousand eight shall be thirty million dollars. The  contrib-
ution  for state fiscal year two thousand 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  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 [forty-nine] SIXTY-ONE million FIVE
HUNDRED THOUSAND dollars.
  S 8.  Section 1005 of the public authorities law is amended by  adding
a new subdivision 16 to read as follows:
  16.   A. 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 IN CONNECTION WITH THE ECONOMIC  DEVELOPMENT
POWER, EXPANSION POWER, REPLACEMENT POWER, PRESERVATION POWER, HIGH LOAD
FACTOR POWER, MUNICIPAL DISTRIBUTION AGENCY POWER AND THE POWER FOR JOBS
PROGRAMS.   ENERGY AUDITS SHALL BE CONDUCTED FOR A REPRESENTATIVE SAMPLE
OF THE RECIPIENTS OF SUCH LOW-COST  POWER  PROGRAMS.  THE  AUDITS  SHALL
ASSESS  A  RECIPIENT'S ELECTRICITY USE TO DETERMINE COST-EFFECTIVE MEAS-
URES THAT COULD BE EMPLOYED TO  REDUCE  ENERGY  COSTS,  ENERGY  USE,  OR
IMPROVE  THE EFFICIENCY OF BUILDINGS, BUILDING SYSTEMS, EQUIPMENT, PROC-
ESSES OR OPERATIONS. THE REPRESENTATIVE SAMPLE SHALL TAKE INTO CONSIDER-
ATION THE PROGRAM OF ENROLLMENT, TYPE OF BUSINESS, GEOGRAPHY FOR  STATE-
WIDE  PROGRAMS  AND ALLOCATION SIZE. RECIPIENTS' ENERGY AUDITS PERFORMED
UP TO FIVE YEARS PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVISION 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 DIRECT-
LY.
  B.  THE  AUTHORITY  SHALL  COMPLETE  AND SUBMIT A REPORT ON THE ENERGY
AUDIT PROGRAM TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY,  THE  TEMPO-
RARY PRESIDENT OF THE SENATE, THE MINORITY LEADER OF THE SENATE, AND THE
MINORITY LEADER OF THE ASSEMBLY, THE CHAIR OF THE SENATE FINANCE COMMIT-
TEE,  THE  CHAIR  OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE CHAIR OF
THE ASSEMBLY ENERGY COMMITTEE AND THE CHAIR OF  THE  SENATE  ENERGY  AND
TELECOMMUNICATIONS COMMITTEE AND THE STATE COMPTROLLER BY FEBRUARY TWEN-
TY-EIGHTH, TWO THOUSAND TEN.
  S 9. (a) The power authority of the state of New York, in consultation
with the department of economic development, shall complete and submit a
report  on  the  power  authority's low cost power programs.  The report
shall examine the replacement, expansion, preservation  power  programs,
the  industrial  economic  development power program, the power for jobs
programs, and the economic cost saving benefits power programs. Informa-
tion to be presented in the  report  shall  reflect  the  state  of  the
programs  as  of  June 30, 2009 and the year prior and shall include but
not be limited to:
  i. a short history of the programs;
  ii. a complete list of all recipients of  these  programs  grouped  by
program;
  iii. the city or town and county of each recipient;

S. 1                                8

  iv. the allocation allotted to each recipient;
  v. annualized retail value of each program;
  vi.  the original employment commitment from each recipient;
  vii. the current employment level for each recipient;
  viii.  an assessment of the economic benefits to New York, which shall
include, but not be limited to: jobs  created  and  retained,  level  of
capital  investment, wage and benefit levels, and the effect of regional
economies; and shall include  an  assessment  on  the  effect  of  these
programs  considering  the  ongoing economic conditions in the state and
any methodology used in analyses in this report; and
  ix. the energy procurement practices, including all  supply  side  and
demand  side  activities,  the  authority  uses to meet the capacity and
needs of its customers.
  The report shall also include a brief description  of  the  preference
power  program  including  the  total  power available to the program as
measured in megawatts, the total power used by the program  as  measured
in  megawatt  hours  for  the  program as a whole and by utility service
area, an estimated annualized retail  value  for  the  program  and  the
metric  for  calculating  that value.   The report shall be submitted by
December 30, 2009 to the governor, the  speaker  of  the  assembly,  the
temporary  president  of  the senate, the minority leader of the senate,
the minority leader of the assembly, the chair  of  the  senate  finance
committee, the chair of the assembly ways and means committee, the chair
of  the  assembly  energy  committee, the chair of the senate energy and
telecommunications committee, and the state  comptroller  and  shall  be
made available on the authority's website.
  (b)  The power authority of the state of New York shall provide copies
of all reports required by subdivision 14 of section 1005 of the  public
authorities law, for the year 2006, 2007, 2008 and 2009 to the governor,
the  speaker of the assembly, the temporary president of the senate, the
minority leader of the senate, and the minority leader of the  assembly,
the  chair  of  the  senate finance committee, the chair of the assembly
ways and means committee, the chair of the assembly energy committee and
the chair of the senate energy and telecommunications committee, and the
state comptroller by December 30, 2009.
  S 10. 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 11. This act shall take effect immediately; provided that the amend-
ments to sections 183 and 189 of the economic development law,  subdivi-
sion 9 of section 186-a of the tax law and subparagraph 2 of paragraph g
of  the  ninth  undesignated  paragraph  of  section  1005 of the public
authorities law, made by sections one, two, three,  five  and  seven  of
this  act,  shall not affect the expiration of such provisions and shall
be deemed repealed therewith.