A. 7905 2
5. "ELIGIBLE PROJECTS" ARE ECONOMIC DEVELOPMENT PROJECTS THAT ARE
LOCATED WITHIN A THIRTY-MILE RADIUS OF THE NIAGARA POWER PROJECT LOCATED
IN LEWISTON, NEW YORK. ELIGIBLE PROJECTS INCLUDE, BUT ARE NOT LIMITED
TO, CAPITAL INVESTMENTS IN PLANT AND EQUIPMENT AND DIRECTLY RELATED SOFT
COSTS OF SUCH CAPITAL INVESTMENTS; TRAINING AND THE IMPROVEMENT OF WORK-
ER PRODUCTIVITY; REMOVAL OF HAZARDOUS OR CONTAMINATED CONDITIONS;
INFRASTRUCTURE PROJECTS INCLUDING, BUT NOT LIMITED TO, ROADS, RAIL
LINES, WATER, SEWER, TELECOMMUNICATIONS, AND OTHER UTILITY EXTENSIONS,
EXPANSIONS OR IMPROVEMENTS; THE ACQUISITION OF LAND NEEDED FOR A
PROJECT; RESEARCH AND DEVELOPMENT WHERE THE RESULTS OF SUCH RESEARCH AND
DEVELOPMENT WILL DIRECTLY BENEFIT NEW YORK STATE; AND FOR OTHER SIMILAR
USES AND ACTIVITIES. ELIGIBLE PROJECTS DO NOT INCLUDE, AND FUND BENEFITS
MAY NOT BE USED FOR, PUBLIC INTEREST ADVERTISING OR ADVOCACY; LOBBYING;
THE SUPPORT OR OPPOSITION OF ANY CANDIDATE FOR PUBLIC OFFICE; THE
SUPPORT OR OPPOSITION TO ANY PUBLIC ISSUE; LEGAL FEES RELATED TO LITI-
GATION OF ANY KIND; EXPENSES RELATED TO ADMINISTRATIVE PROCEEDINGS
BEFORE STATE OR LOCAL AGENCIES; OR FOR SIMILAR USES OR ACTIVITIES.
6. "EXPANSION POWER" IS THE TWO HUNDRED FIFTY MEGAWATTS OF FIRM
NIAGARA PROJECT HYDROELECTRIC POWER AND "REPLACEMENT POWER" IS THE FOUR
HUNDRED FORTY-FIVE MEGAWATTS OF FIRM NIAGARA PROJECT HYDROELECTRIC POWER
AS SUCH TERMS ARE DEFINED IN SUBDIVISION THIRTEEN OF SECTION ONE THOU-
SAND FIVE OF THE PUBLIC AUTHORITIES LAW. FOR PURPOSES OF THIS SECTION,
EXPANSION AND REPLACEMENT POWER INCLUDES ALL ENERGY ASSOCIATED WITH SUCH
POWER. NOTWITHSTANDING ANY LAW, RULE, REGULATION, OR POLICY TO THE
CONTRARY, THE TERM REPLACEMENT POWER AS USED IN THIS ARTICLE INCLUDES A
CERTAIN SEVENTY MEGAWATTS OF POWER THAT IS REFERRED TO IN SECTION ONE
THOUSAND FIVE OF THE PUBLIC AUTHORITIES LAW.
7. "NET EARNINGS" IS THE AGGREGATE EXCESS OF REVENUES RECEIVED BY THE
POWER AUTHORITY OF THE STATE OF NEW YORK FROM THE SALE OF EXPANSION AND
REPLACEMENT POWER AND ENERGY PRODUCED AT THE NIAGARA PROJECT THAT WAS
SOLD IN THE WHOLESALE POWER AND ENERGY MARKET OVER WHAT REVENUES WOULD
HAVE BEEN RECEIVED HAD SUCH POWER AND ENERGY BEEN SOLD ON A FIRM BASIS
TO AN ELIGIBLE EXPANSION OR REPLACEMENT POWER CUSTOMER UNDER THE APPLI-
CABLE TARIFF OR CONTRACT.
8. "WESTERN NEW YORK ECONOMIC DEVELOPMENT FUND" OR "FUND" IS A FUND OF
THE CORPORATION INTO WHICH ALL NET EARNINGS ARE DEPOSITED BY THE AUTHOR-
ITY AND FROM WHICH ALLOCATIONS OF FUND BENEFITS TO ELIGIBLE PROJECTS ARE
MADE.
S 189-B. THE WESTERN NEW YORK POWER PROCEEDS ALLOCATION BOARD. 1.
THERE IS HEREBY CREATED THE WESTERN NEW YORK POWER PROCEEDS ALLOCATION
BOARD, WHICH SHALL POSSESS THE POWERS AND DUTIES HEREIN SPECIFIED AND
ALL THE POWERS NECESSARY OR PROPER TO CARRY OUT THE PURPOSES OF THIS
ARTICLE. THE BOARD SHALL CONSIST OF SIX MEMBERS WHO SHALL BE APPOINTED
BY THE GOVERNOR AS FOLLOWS: (A) ONE MEMBER APPOINTED BY THE GOVERNOR
SHALL BE THE REGIONAL DIRECTOR OF THE EMPIRE STATE DEVELOPMENT CORPO-
RATION FOR WESTERN NEW YORK; (B) ONE MEMBER APPOINTED BY THE GOVERNOR
SHALL BE NOMINATED BY THE CHAIR OF THE ERIE COUNTY INDUSTRIAL DEVELOP-
MENT AGENCY; (C) ONE MEMBER APPOINTED BY THE GOVERNOR SHALL BE NOMINATED
BY THE CHAIR OF THE NIAGARA COUNTY INDUSTRIAL DEVELOPMENT AGENCY; (D)
ONE MEMBER APPOINTED BY THE GOVERNOR SHALL BE NOMINATED BY THE CHAIR OF
THE BOARD OF BUFFALO-NIAGARA ENTERPRISE; (E) ONE MEMBER APPOINTED BY THE
GOVERNOR SHALL BE THE REGIONAL EXECUTIVE OF THE NATIONAL GRID COMPANY;
AND (F) ONE MEMBER APPOINTED BY THE GOVERNOR SHALL BE NOMINATED BY THE
CHAIR OF THE AUTHORITY.
EACH SUCH BOARD MEMBER SHALL BE AUTHORIZED TO APPOINT AN ALTERNATE
BOARD MEMBER TO SERVE IN THEIR ABSENCE FROM TIME TO TIME. ALTERNATE
A. 7905 3
BOARD MEMBERS SHALL BE COUNTED AS PRESENT FOR THE DETERMINATION OF A
QUORUM, TO VOTE, TO FULLY PARTICIPATE IN MEETINGS, AND TO TAKE ALL SUCH
OTHER ACTIONS AS A BOARD MEMBER, EXCEPT THAT THEY MAY NOT APPOINT ADDI-
TIONAL ALTERNATE BOARD MEMBERS. A BOARD MEMBER MAY REMOVE OR REPLACE
THEIR ALTERNATE BOARD MEMBER AT ANY TIME, FOR ANY REASON, AND MAY LATER
REAPPOINT SUCH ALTERNATE BOARD MEMBER.
2. THE GOVERNOR SHALL DESIGNATE A CHAIR AND VICE CHAIR FROM AMONGST
THE MEMBERS. THE BOARD MEMBERS MAY SELECT SUCH OTHER OFFICERS AS THEY
DEEM ADVISABLE.
3. EACH MEMBER SHALL SERVE A TERM OF THREE YEARS OR UNTIL A SUCCESSOR
SHALL HAVE BEEN NAMED AND QUALIFIED. MEMBERS MAY BE REAPPOINTED TO
SUCCESSIVE TERMS.
4. FOUR MEMBERS SHALL CONSTITUTE A QUORUM FOR THE PURPOSES OF ORGANIZ-
ING THE BOARD AND CONDUCTING THE BUSINESS THEREOF; AND NO ACTION OF THE
BOARD MAY BE TAKEN EXCEPT UPON THE AFFIRMATIVE VOTE OF AT LEAST FOUR
MEMBERS. VIDEOCONFERENCING MAY BE USED FOR ATTENDANCE AND PARTICIPATION
BY MEMBERS OF THE BOARD. IF VIDEOCONFERENCING IS USED, THE BOARD SHALL
PROVIDE AN OPPORTUNITY FOR THE PUBLIC TO ATTEND, LISTEN AND OBSERVE AT
ANY SITE AT WHICH A MEMBER PARTICIPATES. THE PUBLIC NOTICE FOR THE MEET-
ING SHALL IDENTIFY, IF PRACTICABLE, ALL LOCATIONS WHERE A MEMBER WILL
PARTICIPATE IN THE MEETING BY VIDEOCONFERENCE AND SHALL STATE THAT THE
PUBLIC HAS THE RIGHT TO ATTEND THE MEETING AT ANY SUCH LOCATION.
5. MEMBERS OF THE BOARD, EXCEPT THOSE THAT 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 189-C. GENERAL POWERS AND DUTIES OF THE BOARD. 1. THE BOARD SHALL
ADOPT RULES AND REGULATIONS RELATING TO THE ACTIVITIES OF THE BOARD.
2. THE BOARD SHALL PREPARE, DISTRIBUTE AND RECEIVE ALL APPLICATIONS
FROM, OR ON BEHALF OF, ELIGIBLE PROJECTS FOR THE ALLOCATION OR REALLO-
CATION OF FUND BENEFITS, AS THIS TERM IS DEFINED IN SUBDIVISION THREE OF
SECTION ONE HUNDRED EIGHTY-NINE-A OF THIS ARTICLE. APPLICATIONS SHALL BE
IN A FORM AND CONTAIN SUCH INFORMATION, DATA AND EXHIBITS AS THE BOARD
MAY PRESCRIBE. THE BOARD MAY BY RESOLUTION DIRECT THAT APPLICATIONS BE
SUBMITTED ON BEHALF OF THE BOARD TO THE CORPORATION OR TO ANY PUBLIC
SECTOR ENTITY THAT HAS THE RIGHT UNDER THIS ARTICLE TO NOMINATE A BOARD
MEMBER TO THE GOVERNOR.
3. FUND BENEFITS MAY BE ALLOCATED TO ELIGIBLE PROJECTS THAT ARE SPON-
SORED BY FOR-PROFIT BUSINESS ENTITIES, NOT-FOR-PROFIT ENTITIES, SUBDIVI-
SIONS OF THE STATE, PUBLIC BENEFIT CORPORATIONS, OR PUBLIC AUTHORITIES.
4. THE BOARD SHALL SUBMIT COPIES OF ALL SUCH APPLICATIONS TO THE
AUTHORITY. THE BOARD MAY REQUEST FROM THE AUTHORITY, AND THE AUTHORITY
SHALL SUPPLY, AN ANALYSIS OF ALL SUCH APPLICATIONS ALONG WITH ANY RECOM-
MENDATIONS OF THE AUTHORITY. IN ADDITION, THE BOARD MAY REQUEST, AND THE
AUTHORITY SHALL SUPPLY, SUCH ADDITIONAL INFORMATION AS IS REASONABLY
NECESSARY FOR THE BOARD TO PROPERLY PERFORM ITS DUTIES.
5. THE BOARD SHALL ESTABLISH A SCHEDULE FOR A REVIEW OF APPLICATIONS
FOR FUND BENEFITS THAT SHALL OCCUR NO LESS FREQUENTLY THAN TWICE EACH
YEAR.
6. THE BOARD SHALL DEVELOP AND ADOPT A MULTI-YEAR ECONOMIC DEVELOPMENT
PLAN THAT IS CONSISTENT WITH REGIONAL ECONOMIC DEVELOPMENT PLANS THAT
HAVE OR MAY BE ADOPTED BY STATE AND REGIONAL ECONOMIC DEVELOPMENT AGEN-
CIES. THE BOARD'S MULTI-YEAR ECONOMIC DEVELOPMENT PLAN SHALL SET POLI-
CIES AND PRIORITIES THAT WILL BE USED TO EVALUATE ALL APPLICATIONS FOR
ALLOCATION OF FUND BENEFITS. IF THE REGIONAL ECONOMIC DEVELOPMENT COUN-
A. 7905 4
CIL FOR WESTERN NEW YORK ADOPTS SUCH AN ECONOMIC DEVELOPMENT PLAN, SUCH
PLAN SHALL BE ADOPTED BY THE BOARD.
7. THE BOARD SHALL ADOPT CRITERIA TO BE USED TO EVALUATE ALL APPLICA-
TIONS FOR AN ALLOCATION OF FUND BENEFITS. THE CRITERIA SHALL BE DESIGNED
TO PROMOTE ECONOMIC DEVELOPMENT, MAINTAIN JOBS, AND ENCOURAGE NEW CAPI-
TAL INVESTMENT WITHIN THIRTY MILES OF THE NIAGARA POWER PROJECT. THE
CRITERIA SHALL ADDRESS, BUT NEED NOT BE LIMITED TO:
(A) THE OVERALL ECONOMIC IMPACT OF THE PROPOSAL IN TERMS OF THE NUMBER
OF JOBS TO BE CREATED OR RETAINED, THE AVERAGE ANNUAL PAYROLL, THE CAPI-
TAL INVESTMENT THAT IS PROJECTED, AND THE EXTENT TO WHICH NEW YORK
SUPPLIERS ARE USED;
(B) THE LIKELIHOOD THAT IN THE ABSENCE OF APPROVAL OF AN ALLOCATION OF
FUND BENEFITS, THE APPLICANT WOULD NOT UNDERTAKE THE PROPOSED PROJECT,
CLOSE, CONTRACT, OR RELOCATE OUTSIDE OF WESTERN NEW YORK;
(C) THE APPLICANT'S COMPLIANCE WITH ANY PRIOR COMMITMENT TO THE CORPO-
RATION, THE AUTHORITY, THE STATE OF NEW YORK, THE ERIE COUNTY INDUSTRIAL
DEVELOPMENT AGENCY, THE NIAGARA COUNTY INDUSTRIAL DEVELOPMENT AGENCY, OR
ANY LOCAL INDUSTRIAL DEVELOPMENT AGENCY TO RETAIN AND/OR CREATE JOBS OR
TO MAKE CAPITAL INVESTMENTS IN EXCHANGE FOR A BENEFIT FROM SUCH ENTITY;
(D) THE EXTENT TO WHICH AN ALLOCATION OF FUND BENEFITS WILL AFFECT THE
OVERALL PRODUCTIVITY OR COMPETITIVENESS OF THE APPLICANT'S BUSINESS AND
ITS EXISTING EMPLOYMENT WITHIN WESTERN NEW YORK AND THE STATE OF NEW
YORK;
(E) THE EXTENT OF OTHER BENEFITS BEING OFFERED TO THE APPLICANT FROM
THE STATE OF NEW YORK, ITS POLITICAL SUBDIVISIONS, PUBLIC AUTHORITIES,
INDUSTRIAL DEVELOPMENT AGENCIES, PUBLIC BENEFIT CORPORATIONS, LOCAL
DEVELOPMENT AGENCIES, OR OTHER PUBLIC AGENCIES; AND
(F) THE OVERALL IMPACT OF THE SITE OR USER INCLUDING THE PROJECT'S
ABILITY TO INDUCE ADDITIONAL COMMERCIAL OR INDUSTRIAL ACTIVITY TO WEST-
ERN NEW YORK, REVITALIZE AN URBAN AREA, AND ITS COMPLIANCE WITH REGIONAL
DEVELOPMENT PLANS.
8. THE BOARD SHALL RECOMMEND TO THE CORPORATION THE ALLOCATION OF FUND
BENEFITS TO ELIGIBLE PROJECTS THAT BEST MEET THE CRITERIA ESTABLISHED
FOR THE EVALUATION OF APPLICATIONS.
9. THE BOARD MAY INCLUDE WITHIN ITS RECOMMENDATIONS SUCH TERMS AND
CONDITIONS AS IT DEEMS APPROPRIATE, INCLUDING, BUT NOT LIMITED TO,
REASONABLE PROVISION FOR THE ALLOCATION OF FUND BENEFITS OVER TIME AS
THE APPLICANT ACHIEVES MILESTONES TOWARDS PROJECT COMPLETION, THE
PARTIAL OR COMPLETE WITHDRAWAL OR RETURN OF FUND BENEFITS WHERE THE
RECIPIENT HAS FAILED TO ACHIEVE OR MAINTAIN MUTUALLY AGREED UPON COMMIT-
MENTS, OR SUCH OTHER TERMS AND CONDITIONS AS THE BOARD DEEMS ADVISABLE.
10. RECOMMENDATION FOR APPROVAL OF THE ALLOCATION OF FUND BENEFITS BY
THE BOARD SHALL QUALIFY AN APPLICANT TO RECEIVE SUCH FUND BENEFITS FOR
ELIGIBLE PROJECTS.
11. THE CORPORATION SHALL NOT WITHDRAW ANY NET PROCEEDS FROM THE FUND
AND MAY NOT ALLOCATE ANY FUND BENEFIT UNLESS THE BOARD HAS RECOMMENDED
SUCH A WITHDRAWAL OR ALLOCATION. THE TRANSFER OR USE OF ANY FUND BENEFIT
IS PROHIBITED UNLESS SPECIFICALLY RECOMMENDED BY THE BOARD.
12. WHEN THE CORPORATION MAKES AN ALLOCATION OF FUND BENEFITS IT SHALL
INCLUDE WITHIN SUCH CONTRACT OR GRANT DISBURSEMENT AGREEMENT ALL TERMS
AND CONDITIONS THAT HAVE BEEN RECOMMENDED BY THE BOARD.
S 189-D. ADVISORY GROUP. NOTWITHSTANDING ANY LAW, RULE, REGULATION OR
ADMINISTRATIVE POLICY TO THE CONTRARY, THERE IS HEREBY CREATED THE WEST-
ERN NEW YORK HYDRO-POWER ALLOCATION ADVISORY GROUP THAT SHALL BE CONSTI-
TUTED AND HAVE THE POWERS DESCRIBED IN THIS SECTION. 1. THE WESTERN NEW
A. 7905 5
YORK HYDRO-POWER ALLOCATION ADVISORY GROUP SHALL CONSIST OF SIX MEMBERS
AS FOLLOWS:
(A) THE REGIONAL DIRECTOR OF THE EMPIRE STATE DEVELOPMENT CORPORATION
FOR WESTERN NEW YORK;
(B) THE CHAIR OF THE ERIE COUNTY INDUSTRIAL DEVELOPMENT AGENCY;
(C) THE COMMISSIONER OF THE NIAGARA COUNTY DEPARTMENT OF ECONOMIC
DEVELOPMENT;
(D) THE CHAIR OF THE BOARD OF BUFFALO-NIAGARA ENTERPRISE;
(E) THE REGIONAL DIRECTOR OF THE NATIONAL GRID COMPANY; AND
(F) THE CHAIR OF THE BOARD OF THE NEW YORK STATE POWER AUTHORITY.
2. MEMBERS OF THE ADVISORY GROUP ARE AUTHORIZED TO APPOINT AN ALTER-
NATE MEMBER TO SERVE IN THEIR ABSENCE FROM TIME TO TIME. ALTERNATE
MEMBERS SHALL BE COUNTED AS PRESENT FOR THE DETERMINATION OF A QUORUM,
TO VOTE AND TO FULLY PARTICIPATE IN MEETINGS AND TO TAKE ALL SUCH OTHER
ACTIONS AS AN ADVISORY GROUP MEMBER, EXCEPT THAT THEY MAY NOT APPOINT
ADDITIONAL ADVISORY GROUP MEMBERS. AN ADVISORY GROUP MEMBER MAY REMOVE
OR REPLACE THEIR ALTERNATE MEMBER AT ANY TIME FOR ANY REASON AND MAY
REAPPOINT SUCH ALTERNATE ADVISORY GROUP MEMBER.
3. THE ADVISORY GROUP SHALL SELECT A CHAIR AND VICE CHAIR AND SUCH
OTHER OFFICERS AS IT DEEMS ADVISABLE.
4. ADVISORY GROUP MEMBERS SHALL SERVE SO LONG AS THEY CONTINUE TO HOLD
THE POSITION SPECIFIED IN SUBDIVISION ONE OF THIS SECTION.
5. FOUR MEMBERS SHALL CONSTITUTE A QUORUM FOR THE PURPOSE OF ORGANIZ-
ING THE ADVISORY GROUP AND CONDUCTING THE BUSINESS THEREOF; AND NO
ACTION OF THE ADVISORY GROUP MAY BE TAKEN EXCEPT UPON THE AFFIRMATIVE
VOTE OF AT LEAST FOUR MEMBERS. VIDEOCONFERENCING OR TELECONFERENCING MAY
BE USED FOR ATTENDANCE AND PARTICIPATION BY MEMBERS OF THE ADVISORY
GROUP.
6. MEMBERS OF THE ADVISORY GROUP, EXCEPT THOSE THAT 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
SECTION.
7. THE ADVISORY GROUP SHALL RECEIVE FROM THE POWER AUTHORITY OF THE
STATE OF NEW YORK ALL APPLICATIONS THAT THE POWER AUTHORITY HAS RECEIVED
FROM, OR ON BEHALF OF, ANY ELIGIBLE ENTITIES FOR THE ALLOCATION OR REAL-
LOCATION OF POWER OR ENERGY FROM THE NIAGARA POWER PROJECT'S EXPANSION
POWER OR REPLACEMENT POWER BLOCS AS SUCH TERMS ARE DEFINED IN SUBDIVI-
SION SIX OF SECTION ONE HUNDRED EIGHTY-NINE-A OF THIS ARTICLE AT LEAST
THIRTY DAYS PRIOR TO A DECISION BY THE POWER AUTHORITY TRUSTEES TO
APPROVE OR DENY SUCH ALLOCATION. THE ADVISORY GROUP MAY CHOOSE TO WAIVE
OR SHORTEN THE THIRTY DAY NOTICE PERIOD FOR GOOD CAUSE, BY A MAJORITY
VOTE. THE ADVISORY GROUP MAY CHOOSE TO ACCEPT FROM THE AUTHORITY A
SUMMARY OF SUCH APPLICATIONS, BUT MAY REQUEST AND THE POWER AUTHORITY
SHALL SUPPLY, SUCH ADDITIONAL INFORMATION AS IS REASONABLY NECESSARY FOR
THE ADVISORY GROUP TO PROPERLY PERFORM ITS DUTIES.
8. UPON RECEIPT OF AN APPLICATION FOR THE ALLOCATION OF POWER OR ENER-
GY FROM THE NIAGARA PROJECT, THE ADVISORY GROUP SHALL MEET AND SHALL
MAKE A RECOMMENDATION TO THE POWER AUTHORITY TO APPROVE, DENY, OR
APPROVE AS MODIFIED AN APPLICATION FOR A POWER OR ENERGY ALLOCATION. THE
ADVISORY GROUP SHALL STATE ITS REASONS FOR SUCH A RECOMMENDATION. SUCH
RECOMMENDATION SHALL BE PRESENTED TO THE POWER AUTHORITY TRUSTEES FOR
ITS DELIBERATION AND CONSIDERATION, BUT SHALL BE ADVISORY ONLY AND SHALL
NOT BE BINDING UPON THE POWER AUTHORITY.
9. THE ADVISORY GROUP SHALL MEET AS NEEDED TO PROVIDE THE POWER
AUTHORITY WITH TIMELY RECOMMENDATIONS REGARDING PENDING APPLICATIONS FOR
A. 7905 6
THE ALLOCATION OF HYDRO-POWER. SUCH MEETINGS SHALL OCCUR NO LESS
FREQUENTLY THAN TWICE EACH YEAR.
10. IN MAKING ITS RECOMMENDATIONS FOR THE ALLOCATION OF POWER AND
ENERGY, THE ADVISORY GROUP SHALL REFER TO AND RELY UPON THE ECONOMIC
DEVELOPMENT PLAN AND STRATEGY ESTABLISHED BY SUBDIVISION SIX OF SECTION
ONE HUNDRED EIGHTY-NINE-C OF THIS ARTICLE.
11. IN MAKING ITS RECOMMENDATIONS FOR THE ALLOCATION OF POWER AND
ENERGY, THE ADVISORY GROUP SHALL REFER TO AND RELY UPON THE CRITERIA
ESTABLISHED IN SUBDIVISION SEVEN OF SECTION ONE HUNDRED EIGHTY-NINE-C OF
THIS ARTICLE.
12. THE ADVISORY GROUP SHALL RECOMMEND THE ALLOCATION OF POWER AND
ENERGY TO THE COMPANY OR COMPANIES WHICH BEST MEET THE CRITERIA ESTAB-
LISHED FOR THE EVALUATION OF EACH APPLICATION.
13. THE ADVISORY GROUP MAY INCLUDE WITHIN ITS RECOMMENDATIONS SUCH
TERMS AND CONDITIONS AS IT DEEMS APPROPRIATE, INCLUDING, BUT NOT LIMITED
TO: REASONABLE PROVISION FOR THE ALLOCATION OF POWER AND ENERGY OVER
TIME AS THE APPLICANT ACHIEVES MILESTONES TOWARDS PROJECT COMPLETION;
THE PARTIAL OR COMPLETE WITHDRAWAL OR RETURN OF POWER AND ENERGY WHERE
THE RECIPIENT HAS FAILED TO ACHIEVE OR MAINTAIN MUTUALLY AGREED UPON
COMMITMENTS; OR SUCH OTHER TERMS AND CONDITIONS AS THE ADVISORY GROUP
DEEMS ADVISABLE.
S 189-E. MISCELLANEOUS PROVISIONS. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW TO THE CONTRARY, A MEMBER OF THE BOARD IS NOT DISQUALIFIED FROM
FULL PARTICIPATION IN ALL BOARD ACTIVITIES, INCLUDING VOTING, SOLELY ON
THE GROUNDS THAT AN ORGANIZATION THAT EMPLOYS SUCH MEMBER HAS INDICATED
THAT IT SUPPORTS OR OPPOSES SUCH AN APPLICATION.
S 3. Section 100 of the economic development law is amended by adding
three new subdivisions 26-a, 26-b and 26-c to read as follows:
26-A. TO PROVIDE ALL NECESSARY STAFF SERVICES, ACCOUNTING, CLERICAL,
AND SECRETARIAL ASSISTANCE, OFFICE SPACE, AND EQUIPMENT REQUESTED BY THE
WESTERN NEW YORK POWER PROCEEDS ALLOCATION BOARD.
26-B. TO PROVIDE ALL NECESSARY STAFF SERVICES, ACCOUNTING, CLERICAL
AND SECRETARIAL ASSISTANCE, AND OFFICE SPACE AND EQUIPMENT REQUESTED BY
THE WESTERN NEW YORK HYDRO-POWER ALLOCATION ADVISORY GROUP.
26-C. TO ESTABLISH A FUND TO BE KNOWN AS THE WESTERN NEW YORK ECONOMIC
DEVELOPMENT FUND AS PROVIDED FOR IN ARTICLE SIX-A OF THIS CHAPTER.
S 4. Section 1005 of the public authorities law is amended by adding
three new subdivisions 19, 20 and 21 to read as follows:
19. TO FULLY AND COMPLETELY COOPERATE WITH THE WESTERN NEW YORK
HYDRO-POWER ALLOCATION ADVISORY GROUP, THE AUTHORITY SHALL PROVIDE THE
ADVISORY GROUP WITH ALL MATERIALS, INFORMATION AND REPORTS THAT ARE
REASONABLY REQUESTED BY SUCH ADVISORY GROUP. THE AUTHORITY IS FURTHER
AUTHORIZED AND DIRECTED TO PROVIDE ALL NECESSARY STAFF SERVICES,
ACCOUNTING, CLERICAL AND SECRETARIAL ASSISTANCE, OFFICE SPACE, AND
EQUIPMENT REQUESTED BY THE WESTERN NEW YORK HYDRO-POWER ALLOCATION ADVI-
SORY GROUP.
20. TO FULLY AND COMPLETELY COOPERATE WITH THE WESTERN NEW YORK POWER
PROCEEDS ALLOCATION BOARD, THE AUTHORITY SHALL PROVIDE THE BOARD WITH
ALL MATERIALS, INFORMATION AND REPORTS THAT ARE REASONABLY REQUESTED BY
SUCH BOARD. THE AUTHORITY IS FURTHER AUTHORIZED AND DIRECTED TO PROVIDE
ALL NECESSARY STAFF SERVICES, ACCOUNTING, CLERICAL AND SECRETARIAL
ASSISTANCE, OFFICE SPACE, AND EQUIPMENT REQUESTED BY THE WESTERN NEW
YORK POWER PROCEEDS ALLOCATION BOARD.
21. TO ALLOCATE FUNDS OF THE AUTHORITY TO THE EMPIRE STATE DEVELOPMENT
CORPORATION'S WESTERN NEW YORK ECONOMIC DEVELOPMENT FUND AS REQUIRED BY
A. 7905 7
ARTICLE SIX-A OF THE ECONOMIC DEVELOPMENT LAW AND SUCH ADDITIONAL
AMOUNTS AS DEEMED FEASIBLE AND ADVISABLE BY THE TRUSTEES.
S 5. The state finance law is amended by adding a new section 99-u to
read as follows:
S 99-U. WESTERN NEW YORK ECONOMIC DEVELOPMENT FUND. 1. THERE IS HERE-
BY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
WESTERN NEW YORK POWER PROCEEDS ALLOCATION BOARD A SPECIAL FUND TO BE
KNOWN AS THE "WESTERN NEW YORK ECONOMIC DEVELOPMENT FUND".
2. THE DEFINITIONS OF WORDS AND TERMS CONTAINED IN SECTION ONE HUNDRED
EIGHTY-NINE-A OF THE ECONOMIC DEVELOPMENT LAW SHALL APPLY TO THIS
SECTION AS IF FULLY SET FORTH IN THIS SECTION.
3. THE CORPORATION SHALL ESTABLISH A SEPARATE ACCOUNT TO BE KNOWN AS
THE WESTERN NEW YORK ECONOMIC DEVELOPMENT FUND.
4. THE AUTHORITY SHALL DEPOSIT INTO THE WESTERN NEW YORK ECONOMIC
DEVELOPMENT FUND ALL NET EARNINGS. SUCH EARNINGS SHALL BE DEPOSITED NO
LESS FREQUENTLY THAN MONTHLY. THE FIRST PAYMENT SHALL BE MADE AT THE END
OF THE FIRST FULL MONTH SUCCEEDING THIS SECTION BECOMING A LAW AND SHALL
INCLUDE ALL ACCRUED NET EARNINGS AS OF THE EFFECTIVE DATE OF CHAPTER
FOUR HUNDRED THIRTY-SIX OF THE LAWS OF TWO THOUSAND TEN. THE AUTHORITY
SHALL PROVIDE THE BOARD WITH STATEMENTS, NO LESS FREQUENTLY THAN QUAR-
TERLY, THAT CONTAIN A FULL AND COMPLETE ACCOUNTING OF ALL NET EARNINGS
AND THE CALCULATIONS THEREOF, A STATEMENT OF ALL DEPOSITS INTO THE FUND
AND OTHER SUCH INFORMATION AS THE BOARD MAY REASONABLY REQUIRE TO
PERFORM ITS DUTIES.
5. THE BOARD MAY REQUEST, AND THE AUTHORITY SHALL PROVIDE AT SUCH
TIMES AND COVERING SUCH PERIODS AND IN SUCH FORM AS IS REASONABLY DETER-
MINED BY THE BOARD AS CONVENIENT OR APPROPRIATE FOR IT TO CARRY OUT ITS
DUTIES, A FULL ACCOUNTING OF THE SALE, USE, AND PROCEEDS FROM ALL CATE-
GORIES OF POWER AND ENERGY FROM THE NIAGARA PROJECT THAT ARE AVAILABLE
FOR INDUSTRIAL AND COMMERCIAL USE INCLUDING, BUT NOT LIMITED TO, EXPAN-
SION AND REPLACEMENT POWER. SUCH REPORT SHALL INCLUDE STATEMENTS THAT
SHOW THE AMOUNT AND PROCEEDS FROM THE SALE OF POWER AND/OR ENERGY ON THE
MARKET AND UNDER CONTRACT TO AN ELIGIBLE RECIPIENT OF SUCH POWER AND/OR
ENERGY, THE AMOUNT OF FUNDS THAT ARE CONSIDERED NET EARNINGS AND THE
CALCULATION THEREOF, AND THE DISPOSITION OF ALL SUCH FUNDS.
6. THE CORPORATION MAY NOT WITHDRAW ANY NET EARNINGS FROM THE FUND
EXCEPT IN ACCORDANCE WITH SECTION ONE HUNDRED EIGHTY-NINE-C OF THIS
ARTICLE.
7. THE CORPORATION SHALL PROVIDE THE BOARD WITH STATEMENTS, NO LESS
FREQUENTLY THAN QUARTERLY, THAT CONTAIN A FULL AND COMPLETE ACCOUNTING
OF ALL NET EARNINGS DEPOSITED INTO THE FUND INCLUDING ANY STATEMENTS OR
REPORTS PROVIDED BY THE AUTHORITY, ALL WITHDRAWALS AND OTHER USES FROM
THE FUND AND OTHER SUCH INFORMATION AS THE BOARD MAY REASONABLY REQUIRE
TO PERFORM ITS DUTIES.
S 6. Chapter 436 of the laws of 2010 amending the public authorities
law and the economic development law, relating to authorizing unallo-
cated expansion or replacement power to be allocated for western New
York economic development fund benefits is REPEALED.
S 7. This act shall take effect immediately.