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

                                  5021

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2011
                               ___________

Introduced  by  M.  of A. CAHILL -- (at request of the Governor) -- read
  once and referred to the Committee on Energy

AN ACT to amend the economic development law and the public  authorities
  law,  in  relation  to  the  creation  of  the recharge New York power
  program; and to amend the economic development law, the public author-
  ities law, the tax 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 development, and chapter 645
  of the laws of 2006 amending the economic development  law  and  other
  laws relating to reauthorizing the power authority of the state of New
  York to make contributions to the general fund, in relation to extend-
  ing  the  expiration of the power for jobs program and the energy cost
  savings benefit program; to amend chapter 477 of  the  laws  of  2009,
  amending  the public authorities law relating to energy efficiency and
  clean energy initiatives of the power authority of the  state  of  New
  York,  in  relation  to making such provisions permanent and to repeal
  subdivision 16 of section 1005 of the public authorities law  relating
  to energy audits

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "recharge New York power program act."
  S  2.  The economic development law is amended by adding a new section
188-a to read as follows:
  S 188-A. RECHARGE NEW YORK POWER PROGRAM.   (A) DEFINITIONS.  FOR  THE
PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
  (1) "APPLICABLE CRITERIA" SHALL MEAN THE CRITERIA SPECIFIED IN  SUBDI-
VISION (C) OF THIS SECTION.
  (2)  "AUTHORITY"  SHALL  MEAN  THE POWER AUTHORITY OF THE STATE OF NEW
YORK.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12006-02-1
              

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  (3) "RECHARGE NEW YORK POWER ALLOCATION" OR "ALLOCATION" SHALL MEAN AN
ALLOCATION OF RECHARGE NEW YORK POWER BY  THE  POWER  AUTHORITY  OF  THE
STATE  OF  NEW  YORK PURSUANT TO SECTION ONE THOUSAND FIVE OF THE PUBLIC
AUTHORITIES LAW TO AN ELIGIBLE APPLICANT RECOMMENDED  BY  THE  NEW  YORK
STATE  ECONOMIC  DEVELOPMENT  POWER  ALLOCATION BOARD IN ACCORDANCE WITH
THIS SECTION.
  (4) "ELIGIBLE APPLICANT" SHALL MEAN  AN  ELIGIBLE  BUSINESS,  ELIGIBLE
SMALL  BUSINESS,  OR  ELIGIBLE  NOT-FOR-PROFIT CORPORATION AS DEFINED IN
THIS SECTION, PROVIDED HOWEVER, THAT AN  ELIGIBLE  APPLICANT  SHALL  NOT
INCLUDE  RETAIL  BUSINESSES  AS DEFINED BY THE BOARD, INCLUDING, WITHOUT
LIMITATION, SPORTS VENUES, GAMING  OR  ENTERTAINMENT-RELATED  ESTABLISH-
MENTS OR PLACES OF OVERNIGHT ACCOMMODATION.
  (5)   "ELIGIBLE   BUSINESS"   SHALL  MEAN  A  BUSINESS  OTHER  THAN  A
NOT-FOR-PROFIT CORPORATION WHICH NORMALLY UTILIZES A MINIMUM PEAK  ELEC-
TRIC DEMAND IN EXCESS OF FOUR HUNDRED KILOWATTS.
  (6)  "ELIGIBLE  NOT-FOR-PROFIT  CORPORATION"  SHALL MEAN A CORPORATION
DEFINED IN SUBDIVISION FIVE OF PARAGRAPH (A) OF SECTION ONE HUNDRED  TWO
OF THE NOT-FOR-PROFIT CORPORATION LAW.
  (7)  "ELIGIBLE SMALL BUSINESS" SHALL MEAN A BUSINESS OTHER THAN A NOT-
FOR-PROFIT CORPORATION WHICH NORMALLY UTILIZES A MINIMUM  PEAK  ELECTRIC
DEMAND EQUAL TO OR LESS THAN FOUR HUNDRED KILOWATTS.
  (8)  "RECHARGE NEW YORK POWER" SHALL MEAN AND CONSIST OF EQUAL AMOUNTS
OF (I) UP TO FOUR HUNDRED FIFTY-FIVE  MEGAWATTS  OF  FIRM  HYDROELECTRIC
POWER  FROM  THE NIAGARA AND SAINT LAWRENCE HYDROELECTRIC PROJECTS TO BE
WITHDRAWN FROM UTILITY CORPORATIONS THAT, PRIOR TO THE EFFECTIVE DATE OF
THIS SECTION, PURCHASED SUCH POWER FOR THE BENEFIT OF THEIR DOMESTIC AND
RURAL  CONSUMERS  ("RECHARGE  NEW  YORK  HYDROPOWER"),  AND  (II)  POWER
PROCURED  BY  THE  AUTHORITY  THROUGH A COMPETITIVE PROCUREMENT PROCESS,
AUTHORITY SOURCES (OTHER THAN THE NIAGARA AND SAINT  LAWRENCE  PROJECTS)
OR THROUGH AN ALTERNATE METHOD ("RECHARGE NEW YORK MARKET POWER").
  (B)  APPLICATIONS  FOR  RECHARGE  NEW YORK POWER ALLOCATIONS.  (1) THE
BOARD MAY SOLICIT APPLICATIONS FOR RECHARGE NEW YORK  POWER  ALLOCATIONS
UNDER  THE PROGRAM CREATED BY THIS SECTION BY PUBLIC NOTICE BEGINNING NO
LATER THAN FEBRUARY FIRST, TWO THOUSAND TWELVE.  SUCH NOTICE MAY INCLUDE
NEWSPAPER ADVERTISEMENTS, PRESS RELEASES,  WEBSITE  POSTINGS,  PAPER  OR
ELECTRONIC  MAILING, AND/OR SUCH OTHER FORM OF NOTICE AS THE BOARD FINDS
APPROPRIATE IN CONSULTATION WITH THE AUTHORITY.
  (2) APPLICATIONS FOR RECHARGE NEW YORK POWER ALLOCATIONS SHALL  BE  IN
THE  FORM  AND CONTAIN SUCH INFORMATION, EXHIBITS AND SUPPORTING DATA AS
THE BOARD PRESCRIBES IN CONSULTATION WITH THE AUTHORITY. A COPY OF  EACH
APPLICATION  RECEIVED  SHALL  BE MADE AVAILABLE FOR REVIEW BY EACH BOARD
MEMBER, AND A COPY SHALL BE PROVIDED TO THE AUTHORITY.
  (3) AN APPLICANT WHO IS A RECIPIENT OF  A  HYDROELECTRIC  POWER  ALLO-
CATION  OR  BENEFITS  SUPPORTED BY THE SALE OF HYDROELECTRIC POWER UNDER
ANOTHER PROGRAM ADMINISTERED IN WHOLE OR PART BY THE AUTHORITY SHALL  BE
ELIGIBLE  TO  APPLY  FOR AN ALLOCATION UNDER THE RECHARGE NEW YORK POWER
PROGRAM ONLY IF IT IS IN SUBSTANTIAL  COMPLIANCE  WITH  ITS  CONTRACTUAL
COMMITMENTS MADE IN CONNECTION WITH SUCH OTHER PROGRAM, PROVIDED HOWEVER
THAT AN APPLICANT SHALL NOT RECEIVE A RECHARGE NEW YORK POWER ALLOCATION
AND  ANY OTHER AUTHORITY POWER PROGRAM BENEFITS WITH RESPECT TO THE SAME
QUANTITY OF ELECTRICITY CONSUMED AT A FACILITY.
  (4) SUBJECT TO CONFIDENTIALITY  REQUIREMENTS,  UPON  RECEIPT  OF  EACH
APPLICATION FROM THE BOARD, THE AUTHORITY SHALL PROMPTLY NOTIFY BY ELEC-
TRONIC  MEANS,  INCLUDING  WEBSITE  POSTINGS  AND SUCH OTHER METHODS THE
BOARD DEEMS APPROPRIATE IN CONSULTATION WITH THE AUTHORITY,  THE  GOVER-
NOR,  THE  SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE ASSEMBLY,

A. 5021                             3

THE TEMPORARY PRESIDENT OF  THE  SENATE,  THE  MINORITY  LEADER  OF  THE
SENATE,  AND  EACH MEMBER OF THE STATE LEGISLATURE IN WHOSE DISTRICT ANY
PORTION OF THE FACILITY FOR WHICH AN ALLOCATION IS REQUESTED IS LOCATED.
SUCH  NOTICE  SHALL PROVIDE THE NAME AND A DESCRIPTION OF THE APPLICANT,
AND THE ADDRESS OF THE FACILITY FOR WHICH THE ALLOCATION  IS  REQUESTED.
THE AUTHORITY SHALL ALSO DEVELOP A LISTING WHICH CONTAINS THE NAME AND A
DESCRIPTION OF EACH APPLICANT, THE RECHARGE NEW YORK POWER PROGRAM ALLO-
CATION  SOUGHT  BY  EACH  APPLICANT, AND THE ADDRESS OF THE FACILITY FOR
WHICH THE APPLICANT REQUESTS THE ALLOCATION, AND SHALL MAKE THE  LISTING
AVAILABLE FOR PUBLIC REVIEW ON THE AUTHORITY'S WEBSITE.
  (C)  REVIEW  APPLICABLE  CRITERIA AND RECOMMENDATIONS.   (1) THE BOARD
SHALL REVIEW APPLICATIONS SUBMITTED UNDER THE RECHARGE  NEW  YORK  POWER
PROGRAM.  THE  BOARD  SHALL MAKE AN INITIAL DETERMINATION OF WHETHER THE
APPLICANT IS AN ELIGIBLE APPLICANT. IN THE CASE OF  AN  ELIGIBLE  APPLI-
CANT,  THE  BOARD  MAY  RECOMMEND TO THE AUTHORITY THAT AN ALLOCATION OF
RECHARGE NEW YORK POWER BE  AWARDED  TO  AN  APPLICANT  FOR  A  FACILITY
LOCATED IN THE STATE OF NEW YORK BASED ON CONSIDERATION OF THE FOLLOWING
CRITERIA  WHICH SHALL BE CONSIDERED IN THE AGGREGATE AND NO ONE OF WHICH
SHALL BE PRESUMPTIVELY DETERMINATIVE:
  (I) THE SIGNIFICANCE OF THE COST OF  ELECTRICITY  TO  THE  APPLICANT'S
OVERALL  COST OF DOING BUSINESS, AND THE IMPACT THAT A RECHARGE NEW YORK
POWER ALLOCATION WILL HAVE ON THE APPLICANT'S OPERATING COSTS;
  (II) THE EXTENT TO WHICH A RECHARGE NEW  YORK  POWER  ALLOCATION  WILL
RESULT IN NEW CAPITAL INVESTMENT IN THE STATE BY THE APPLICANT;
  (III)  THE  EXTENT  TO  WHICH  A RECHARGE NEW YORK POWER ALLOCATION IS
CONSISTENT WITH ANY REGIONAL ECONOMIC DEVELOPMENT COUNCIL STRATEGIES AND
PRIORITIES;
  (IV) THE TYPE AND COST OF BUILDINGS, EQUIPMENT AND  FACILITIES  TO  BE
CONSTRUCTED,  ENLARGED  OR INSTALLED IF THE APPLICANT WERE TO RECEIVE AN
ALLOCATION;
  (V) THE APPLICANT'S PAYROLL, SALARIES, BENEFITS AND NUMBER OF JOBS  AT
THE  FACILITY  FOR  WHICH  A  RECHARGE  NEW  YORK  POWER  ALLOCATION  IS
REQUESTED;
  (VI) THE NUMBER OF JOBS THAT WILL BE CREATED OR  RETAINED  WITHIN  THE
STATE  IN  RELATION TO THE REQUESTED RECHARGE NEW YORK POWER ALLOCATION,
AND THE EXTENT TO WHICH THE APPLICANT WILL AGREE TO COMMIT  TO  CREATING
OR  RETAINING  SUCH JOBS AS A CONDITION TO RECEIVING A RECHARGE NEW YORK
POWER ALLOCATION;
  (VII) WHETHER THE APPLICANT, DUE TO THE COST  OF  ELECTRICITY,  IS  AT
RISK  OF  CLOSING  OR  CURTAILING FACILITIES OR OPERATIONS IN THE STATE,
RELOCATING FACILITIES OR OPERATIONS  OUT  OF  THE  STATE,  OR  LOSING  A
SIGNIFICANT  NUMBER  OF  JOBS IN THE STATE, IN THE ABSENCE OF A RECHARGE
NEW YORK POWER ALLOCATION;
  (VIII) THE SIGNIFICANCE OF THE APPLICANT'S FACILITY THAT WOULD RECEIVE
THE RECHARGE NEW YORK POWER ALLOCATION TO THE ECONOMY  OF  THE  AREA  IN
WHICH SUCH FACILITY IS LOCATED;
  (IX)  THE  EXTENT  TO WHICH THE APPLICANT HAS INVESTED IN ENERGY EFFI-
CIENCY MEASURES, WILL AGREE TO PARTICIPATE IN OR PERFORM  ENERGY  AUDITS
OF  ITS  FACILITIES,  WILL  AGREE  TO  PARTICIPATE  IN ENERGY EFFICIENCY
PROGRAMS OF THE AUTHORITY, OR WILL COMMIT TO IMPLEMENT OR OTHERWISE MAKE
TANGIBLE INVESTMENTS IN ENERGY EFFICIENCY MEASURES  AS  A  CONDITION  TO
RECEIVING A RECHARGE NEW YORK POWER ALLOCATION;
  (X) WHETHER THE APPLICANT RECEIVES A HYDROELECTRIC POWER ALLOCATION OR
BENEFITS  SUPPORTED  BY  THE  SALE  OF HYDROELECTRIC POWER UNDER ANOTHER
PROGRAM ADMINISTERED IN WHOLE OR IN PART BY THE AUTHORITY;

A. 5021                             4

  (XI) THE EXTENT TO WHICH A RECHARGE NEW  YORK  POWER  ALLOCATION  WILL
RESULT  IN  AN ADVANTAGE FOR AN APPLICANT IN RELATION TO THE APPLICANT'S
COMPETITORS WITHIN THE STATE; AND
  (XII)  IN  ADDITION  TO  THE  FOREGOING  CRITERIA,  IN  THE  CASE OF A
NOT-FOR-PROFIT CORPORATION,  WHETHER  THE  APPLICANT  PROVIDES  CRITICAL
SERVICES  OR  SUBSTANTIAL  BENEFITS  TO THE LOCAL COMMUNITY IN WHICH THE
FACILITY FOR WHICH THE ALLOCATION IS REQUESTED IS LOCATED.
  (2) A RECOMMENDATION  BY  THE  BOARD  THAT  THE  AUTHORITY  PROVIDE  A
RECHARGE  NEW  YORK  POWER  ALLOCATION  TO  AN  ELIGIBLE APPLICANT SHALL
INCLUDE, BUT NEED NOT BE LIMITED TO:
  (I) THE AMOUNT OF THE RECHARGE NEW YORK POWER ALLOCATION THE BOARD HAS
DETERMINED SHOULD BE AWARDED TO SUCH ELIGIBLE APPLICANT, PROVIDED HOWEV-
ER, THAT THE BOARD MAY RECOMMEND A RECHARGE NEW YORK POWER ALLOCATION IN
AN AMOUNT THAT IS LESS THAN THE AMOUNT REQUESTED BY SUCH APPLICANT;
  (II) AN EFFECTIVE INITIAL TERM OF THE ALLOCATION AND CONTRACT  BETWEEN
THE  ELIGIBLE  APPLICANT  AND THE AUTHORITY WHICH SHALL NOT EXCEED SEVEN
YEARS, PROVIDED HOWEVER  THAT  THE  TERM  OF  ANY  SUCH  ALLOCATION  AND
CONTRACT  SHALL  NOT  BECOME  EFFECTIVE  BEFORE JULY FIRST, TWO THOUSAND
TWELVE;
  (III) PROVISIONS FOR EFFECTIVE PERIODIC AUDITS OF THE RECIPIENT OF  AN
ALLOCATION  FOR  THE PURPOSE OF DETERMINING CONTRACT AND PROGRAM COMPLI-
ANCE, AND FOR THE PARTIAL OR COMPLETE WITHDRAWAL OF AN ALLOCATION IF THE
RECIPIENT FAILS TO MAINTAIN MUTUALLY AGREED UPON  COMMITMENTS,  RELATING
TO,  AMONG  OTHER  THINGS, EMPLOYMENT LEVELS, POWER UTILIZATION, CAPITAL
INVESTMENTS, AND/OR ENERGY EFFICIENCY MEASURES;
  (IV) A REQUIREMENT FOR AN AGREEMENT BY THE RECIPIENT OF AN  ALLOCATION
TO (A) UNDERTAKE AT ITS OWN EXPENSE AN ENERGY AUDIT OF ITS FACILITIES AT
WHICH  THE  ALLOCATION  IS CONSUMED AT LEAST ONCE DURING THE TERM OF THE
ALLOCATION BUT IN ANY  EVENT  NOT  LESS  THAN  ONCE  EVERY  FIVE  YEARS,
PROVIDED,  HOWEVER,  THAT  SUCH REQUIREMENT MAY BE WAIVED OR MODIFIED BY
THE AUTHORITY ON A SHOWING OF GOOD  CAUSE  BY  THE  RECIPIENT,  AND  (B)
PROVIDE  THE AUTHORITY WITH A COPY OF ANY SUCH AUDIT OR, AT THE AUTHORI-
TY'S OPTION, A REPORT DESCRIBING THE RESULTS OF SUCH AUDIT, AND  PROVIDE
DOCUMENTATION  REQUESTED BY THE AUTHORITY RELATING TO THE IMPLEMENTATION
OF ANY EFFICIENCY MEASURES AT THE FACILITIES; AND
  (V) A REQUIREMENT FOR AN AGREEMENT BY THE RECIPIENT OF  AN  ALLOCATION
TO  (A)  MAKE ITS FACILITIES AVAILABLE AT REASONABLE TIMES AND INTERVALS
FOR ENERGY AUDITS AND RELATED ASSESSMENTS THAT THE AUTHORITY DESIRES  TO
PERFORM,  IF ANY, AT THE AUTHORITY'S OWN EXPENSE, AND (B) PROVIDE INFOR-
MATION REQUESTED BY THE AUTHORITY OR ITS DESIGNEE IN SURVEYS,  QUESTION-
NAIRES  AND OTHER INFORMATION REQUESTS RELATING TO ENERGY EFFICIENCY AND
ENERGY-RELATED PROJECTS, PROGRAMS AND SERVICES.
  (3) THE BOARD'S  RECOMMENDATION  SHALL  REQUIRE  THAT  IF  THE  ACTUAL
METERED  LOAD  AT  THE FACILITY WHERE THE ALLOCATION IS UTILIZED IS LESS
THAN THE  ALLOCATION,  SUCH  ALLOCATION  WILL  BE  REDUCED  ACCORDINGLY,
PROVIDED  THAT,  UNDER  ITS  CONTRACT  WITH THE AUTHORITY, THE RECIPIENT
SHALL BE AFFORDED A REASONABLE PERIOD WITHIN WHICH TO FULLY UTILIZE  THE
ALLOCATION,  TAKING  INTO  ACCOUNT  CONSTRUCTION  SCHEDULES AND ECONOMIC
CONDITIONS. THE AUTHORITY SHALL REALLOCATE ANY WITHDRAWN OR RELINQUISHED
POWER FOR THE RECHARGE NEW YORK POWER PROGRAM CONSISTENT WITH  PARAGRAPH
FOUR OF THIS SUBDIVISION.
  (4) THE BOARD MAY BASE ITS RECOMMENDATION ON WHICH ELIGIBLE APPLICANTS
IT DETERMINES BEST MEET THE APPLICABLE CRITERIA; PROVIDED, HOWEVER, THAT
THE  BOARD  SHALL  DEDICATE  RECHARGE  NEW YORK POWER AS FOLLOWS: (I) AT
LEAST THREE HUNDRED FIFTY MEGAWATTS FOR USE AT FACILITIES LOCATED WITHIN
THE SERVICE TERRITORIES OF THE UTILITY CORPORATIONS THAT, PRIOR  TO  THE

A. 5021                             5

EFFECTIVE  DATE  OF  THIS  SECTION, PURCHASED NIAGARA AND SAINT LAWRENCE
HYDROELECTRIC POWER FOR THE BENEFIT OF THEIR DOMESTIC AND RURAL  CONSUM-
ERS;  (II) AT LEAST TWO HUNDRED MEGAWATTS FOR THE PURPOSES OF ATTRACTING
NEW  BUSINESS  TO  THE STATE, CREATING NEW BUSINESS WITHIN THE STATE, OR
ENCOURAGING THE EXPANSION OF EXISTING BUSINESSES WITHIN THE STATE,  THAT
CREATE  NEW JOBS OR LEVERAGE NEW CAPITAL INVESTMENT; AND (III) AN AMOUNT
NOT TO EXCEED ONE HUNDRED MEGAWATTS FOR ELIGIBLE  SMALL  BUSINESSES  AND
ELIGIBLE NOT-FOR-PROFIT CORPORATIONS.
  (5)  THE  BOARD  SHALL  ISSUE  A WRITTEN STATEMENT OF ITS FINDINGS AND
CONCLUSIONS WITH RESPECT TO EVERY APPLICATION AND THE  REASONS  FOR  ITS
RECOMMENDATION TO THE AUTHORITY.
  (6)  A  RECOMMENDATION  FOR A RECHARGE NEW YORK POWER ALLOCATION SHALL
QUALIFY AN APPLICANT TO ENTER INTO A CONTRACT WITH THE AUTHORITY  PURSU-
ANT  TO  THE TERMS AND CONDITIONS OF THE RECOMMENDATION BY THE BOARD AND
ON SUCH OTHER TERMS AS THE AUTHORITY DETERMINES TO BE APPROPRIATE.
  (7) THE BOARD SHALL NOT RECOMMEND A TOTAL OF RECHARGE NEW  YORK  POWER
ALLOCATIONS IN EXCESS OF NINE HUNDRED TEN MEGAWATTS.
  (D)  THE  AUTHORITY  SHALL  WORK  COOPERATIVELY WITH THE DEPARTMENT OF
PUBLIC SERVICE TO RECOMMEND TO THE  PUBLIC  SERVICE  COMMISSION  REDUCED
RATES  OR  AN  EQUIVALENT  MECHANISM  FOR THE DELIVERY BY UTILITY CORPO-
RATIONS OF RECHARGE NEW YORK POWER PROGRAM ALLOCATIONS. ANY SUCH  RECOM-
MENDATION  FOR REDUCED DELIVERY RATES SHALL BE AT SUCH LEVEL AS TO ALLOW
THE UTILITY TO (I) RECOVER THE INCREMENTAL COST  OF  PROVIDING  DELIVERY
SERVICE  TO  SUCH  CUSTOMERS, AND (II) CONTRIBUTE TO THE COMMON DELIVERY
AND RELATED COSTS WHICH OTHERWISE WOULD BE BORNE BY OTHER CUSTOMERS.
  (E) THE AUTHORITY SHALL, AT A MINIMUM, REPORT QUARTERLY TO  THE  BOARD
ON  THE  AVAILABILITY  OF  RECHARGE  NEW  YORK  POWER FOR THE SUBSEQUENT
TWELVE-MONTH PERIOD, THE AMOUNT OF SUCH POWER ALLOCATED AND OTHER  RELE-
VANT INFORMATION.
  (F)  AFTER AN AWARD OF A RECHARGE NEW YORK POWER ALLOCATION, THE BOARD
SHALL ACCEPT REQUESTS FROM RECIPIENTS WHO AT THE TIME  OF  SUCH  REQUEST
ARE  ELIGIBLE APPLICANTS WHO ARE IN SUBSTANTIAL COMPLIANCE WITH CONTRAC-
TUAL COMMITMENTS MADE IN CONNECTION WITH THE  RECHARGE  NEW  YORK  POWER
PROGRAM  FOR AN EXTENSION OF AN EXISTING ALLOCATION (I) DURING THE TWEN-
TY-FOUR MONTH PERIOD IMMEDIATELY PRECEDING THE EXPIRATION OF THE TERM OF
THE ALLOCATION, OR (II) AT SUCH EARLIER TIME WITH  THE  CONSENT  OF  THE
AUTHORITY  IN  WRITING.  REQUESTS FOR EXTENSIONS SHALL BE REVIEWED USING
THE CRITERIA SET FORTH IN PARAGRAPH  ONE  OF  SUBDIVISION  (C)  OF  THIS
SECTION.
  (G)  TRANSFERS  OF  RECHARGE NEW YORK POWER. NOTWITHSTANDING ANY OTHER
APPROVAL REQUIRED BY STATUTE, REGULATION OR CONTRACT, THE TRANSFER OF  A
RECHARGE  NEW  YORK  POWER  ALLOCATION  TO  A  DIFFERENT RECIPIENT, TO A
DIFFERENT OWNER OR OPERATOR OF A FACILITY, OR TO A DIFFERENT FACILITY IS
PROHIBITED UNLESS SPECIFICALLY APPROVED BY THE BOARD AS CONSISTENT  WITH
THE  CRITERIA AND REQUIREMENTS OF THIS SECTION. ANY TRANSFER THAT OCCURS
WITHOUT THE BOARD'S APPROVAL SHALL BE  INVALID  AND  SUCH  TRANSFER  MAY
SUBJECT  THE  TRANSFEROR TO REVOCATION OR MODIFICATION OF ITS ALLOCATION
AND CONTRACT.
  (H) (1) THE BOARD, IN CONSULTATION WITH THE AUTHORITY, SHALL SUBMIT TO
THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF  THE  ASSEM-
BLY,  MINORITY  LEADER OF THE SENATE AND MINORITY LEADER OF THE ASSEMBLY
AN EVALUATION OF THE  EFFECTIVENESS  OF  THE  RECHARGE  NEW  YORK  POWER
PROGRAM.    SUCH  EVALUATION  SHALL  FOCUS  ON HOW THE PROGRAM HAS AIDED
RECIPIENTS OF POWER ALLOCATIONS, AND MAY INCLUDE RECOMMENDATIONS FOR HOW
THE PROGRAM CAN BE MADE MORE EFFECTIVE, AND SHALL BE BASED, IN PART,  ON
THE  RELATIVE COSTS OF POWER FOR RECIPIENTS IN COMPARISON TO THE COST OF

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POWER FOR NON-RECIPIENTS.  SUCH EVALUATION SHALL BE SUBMITTED BY  DECEM-
BER  THIRTY-FIRST,  TWO  THOUSAND  FIFTEEN  AND BY DECEMBER THIRTY-FIRST
EVERY FIVE YEARS THEREAFTER.
  (2)  THE BOARD, WITH ASSISTANCE FROM THE AUTHORITY, SHALL MAINTAIN THE
NECESSARY RECORDS AND DATA  REQUIRED  TO  PERFORM  SUCH  EVALUATION  AND
RESPOND  TO  REQUESTS  FOR  INFORMATION  PURSUANT  TO ARTICLE SIX OF THE
PUBLIC OFFICERS LAW.
  S 3. Section 1005 of the public authorities law is amended by adding a
new subdivision 13-a to read as follows:
  13-A. RECHARGE NEW YORK POWER PROGRAM.  (A) NOTWITHSTANDING ANY  OTHER
PROVISION  OF  LAW  TO THE CONTRARY, BUT SUBJECT TO THE TERMS AND CONDI-
TIONS OF FEDERAL ENERGY REGULATORY  COMMISSION  LICENSES,  TO  ALLOCATE,
REALLOCATE OR EXTEND, DIRECTLY OR BY SALE FOR RESALE, UP TO NINE HUNDRED
TEN  MEGAWATTS OF RECHARGE NEW YORK POWER TO ELIGIBLE APPLICANTS LOCATED
WITHIN THE STATE OF NEW YORK UPON THE RECOMMENDATION  OF  THE  NEW  YORK
STATE  ECONOMIC  DEVELOPMENT  POWER ALLOCATION BOARD PURSUANT TO SECTION
ONE HUNDRED EIGHTY-EIGHT-A OF THE ECONOMIC DEVELOPMENT LAW.
  (B) RECHARGE NEW YORK POWER SHALL MEAN AND CONSIST OF EQUAL AMOUNTS OF
(1) UP TO FOUR HUNDRED FIFTY-FIVE MEGAWATTS OF FIRM HYDROELECTRIC  POWER
FROM  THE  NIAGARA AND SAINT LAWRENCE HYDROELECTRIC PROJECTS TO BE WITH-
DRAWN, AS OF THE EARLIEST DATE SUCH POWER MAY  BE  WITHDRAWN  CONSISTENT
WITH  CONTRACTUAL REQUIREMENTS, FROM UTILITY CORPORATIONS THAT, PRIOR TO
THE EFFECTIVE DATE OF THIS SUBDIVISION, PURCHASED  SUCH  POWER  FOR  THE
BENEFIT OF THEIR DOMESTIC AND RURAL CONSUMERS ("RECHARGE NEW YORK HYDRO-
POWER"), AND (2) POWER PROCURED BY THE AUTHORITY THROUGH MARKET SOURCES,
A  COMPETITIVE PROCUREMENT PROCESS, OR AUTHORITY SOURCES (OTHER THAN THE
NIAGARA AND SAINT  LAWRENCE  PROJECTS)  (COLLECTIVELY  OR  INDIVIDUALLY,
"RECHARGE  NEW  YORK  MARKET  POWER");  PROVIDED,  HOWEVER, THAT IF SUCH
RECHARGE NEW YORK MARKET POWER COMES FROM AUTHORITY SOURCES, THE USE  OF
THAT POWER SHALL NOT REDUCE THE AVAILABILITY OF, OR CAUSE AN INCREASE IN
THE  PRICE  OF,  POWER  PROVIDED  BY THE AUTHORITY FOR ANY OTHER PROGRAM
AUTHORIZED IN THIS ARTICLE OR PURSUANT TO ANY OTHER STATUTE.
  (C) NOTWITHSTANDING SECTION ONE THOUSAND NINE OF  THIS  TITLE  OR  ANY
OTHER  PROVISION  OF  LAW  TO THE CONTRARY, THE AUTHORITY IS AUTHORIZED,
BEGINNING JULY FIRST, TWO THOUSAND TWELVE, TO MAKE  AVAILABLE,  CONTRACT
WITH  AND  SELL  TO  SUCH  ELIGIBLE APPLICANTS AS ARE RECOMMENDED BY THE
ECONOMIC DEVELOPMENT POWER ALLOCATION BOARD UP TO NINE HUNDRED TEN MEGA-
WATTS OF RECHARGE NEW YORK POWER  FOR  RECHARGE  NEW  YORK  POWER  ALLO-
CATIONS.  A  RECHARGE  NEW  YORK POWER ALLOCATION SHALL CONSIST OF EQUAL
PARTS OF RECHARGE NEW YORK HYDROPOWER AND RECHARGE NEW YORK MARKET POWER
AS SUCH  TERMS  ARE  DEFINED  IN  PARAGRAPH  (B)  OF  THIS  SUBDIVISION;
PROVIDED, HOWEVER, THAT PRIOR TO ENTERING INTO A CONTRACT WITH AN ELIGI-
BLE  APPLICANT FOR THE SALE OF RECHARGE NEW YORK POWER, AND PRIOR TO THE
PROVISION OF ELECTRIC SERVICE RELATING TO THE RECHARGE  NEW  YORK  POWER
ALLOCATION, THE AUTHORITY SHALL OFFER EACH ELIGIBLE APPLICANT THE OPTION
TO  DECLINE  TO PURCHASE THE RECHARGE NEW YORK MARKET POWER COMPONENT OF
SUCH ALLOCATION. IF AN ELIGIBLE  APPLICANT  DECLINES  TO  PURCHASE  SUCH
MARKET  POWER  FROM THE AUTHORITY, THE AUTHORITY SHALL HAVE NO RESPONSI-
BILITY FOR SUPPLYING SUCH MARKET POWER TO THE ELIGIBLE APPLICANT.
  S 4. Section 1005 of the public authorities law is amended by adding a
new subdivision 13-b to read as follows:
  13-B. RESIDENTIAL CONSUMER DISCOUNT PROGRAMS.  (A) RESIDENTIAL CONSUM-
ER ELECTRICITY COST DISCOUNT.   NOTWITHSTANDING ANY  PROVISION  OF  THIS
TITLE  OR  ARTICLE  SIX OF THE ECONOMIC DEVELOPMENT LAW TO THE CONTRARY,
THE AUTHORITY IS AUTHORIZED, AS DEEMED FEASIBLE  AND  ADVISABLE  BY  THE
TRUSTEES, TO USE REVENUES FROM THE SALE OF HYDROELECTRIC POWER, AND SUCH

A. 5021                             7

OTHER  FUNDS  OF  THE  AUTHORITY AS DEEMED FEASIBLE AND ADVISABLE BY THE
TRUSTEES, TO FUND MONTHLY PAYMENTS TO BE MADE FOR THE  BENEFIT  OF  SUCH
CLASSES  OF  ELECTRICITY  CONSUMERS AS ENJOYED THE BENEFITS OF AUTHORITY
HYDROELECTRIC POWER WITHDRAWN PURSUANT TO SUBDIVISION THIRTEEN-A OF THIS
SECTION, FOR THE PURPOSE OF MITIGATING PRICE IMPACTS ASSOCIATED WITH THE
REALLOCATION  OF SUCH POWER IN THE MANNER DESCRIBED IN THIS SUBDIVISION.
SUCH MONTHLY PAYMENTS SHALL COMMENCE AFTER SUCH HYDROELECTRIC  POWER  IS
WITHDRAWN.   THE TOTAL ANNUAL AMOUNT OF MONTHLY PAYMENTS FOR EACH OF THE
THREE TWELVE MONTH PERIODS FOLLOWING WITHDRAWAL  OF  SUCH  HYRDOELECTRIC
POWER  SHALL  BE ONE HUNDRED MILLION DOLLARS. THE TOTAL ANNUAL AMOUNT OF
MONTHLY PAYMENTS FOR EACH OF THE TWO  SUBSEQUENT  TWELVE  MONTH  PERIODS
SHALL  BE SEVENTY MILLION DOLLARS AND FIFTY MILLION DOLLARS, RESPECTIVE-
LY.  THEREAFTER, THE TOTAL ANNUAL AMOUNT OF MONTHLY  PAYMENTS  FOR  EACH
TWELVE  MONTH  PERIOD SHALL BE THIRTY MILLION DOLLARS.  THE TOTAL AMOUNT
OF MONTHLY PAYMENTS SHALL BE APPORTIONED  BY  THE  AUTHORITY  AMONG  THE
UTILITY  CORPORATIONS THAT, PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVI-
SION, PURCHASED SUCH HYDROELECTRIC POWER FOR THE BENEFIT OF THEIR DOMES-
TIC AND RURAL CONSUMERS ACCORDING TO THE RELATIVE AMOUNTS OF SUCH  POWER
PURCHASED  BY  SUCH CORPORATIONS. THE MONTHLY PAYMENTS SHALL BE CREDITED
TO THE ELECTRICITY  BILLS  OF  SUCH  CORPORATIONS'  DOMESTIC  AND  RURAL
CONSUMERS  IN A MANNER TO BE DETERMINED BY THE PUBLIC SERVICE COMMISSION
OF THE STATE OF NEW YORK.   THE MONTHLY  CREDIT  PROVIDED  BY  ANY  SUCH
CORPORATION TO ANY ONE CONSUMER SHALL NOT EXCEED THE TOTAL MONTHLY ELEC-
TRIC UTILITY COST INCURRED BY SUCH CONSUMER.
  (B)  AGRICULTURAL  CONSUMER  ELECTRICITY COST DISCOUNT.  (1) BEGINNING
WITH THE SECOND TWELVE MONTH PERIOD AFTER SUCH  HYDROELECTRIC  POWER  IS
WITHDRAWN, UP TO EIGHT MILLION DOLLARS OF THE RESIDENTIAL CONSUMER ELEC-
TRICITY  COST  DISCOUNT ESTABLISHED BY PARAGRAPH (A) OF THIS SUBDIVISION
SHALL BE DEDICATED FOR MONTHLY PAYMENTS TO  AGRICULTURAL  PRODUCERS  WHO
RECEIVE  ELECTRIC  SERVICE AT THE RESIDENTIAL RATE.  THE TOTAL AMOUNT OF
MONTHLY PAYMENTS SHALL BE APPORTIONED BY THE AUTHORITY AMONG THE UTILITY
CORPORATIONS IN THE SAME MANNER AS THEY ARE APPORTIONED IN PARAGRAPH (A)
OF THIS SUBDIVISION. MONTHLY PAYMENTS SHALL BE CREDITED TO THE ELECTRIC-
ITY BILLS OF SUCH CORPORATIONS' AGRICULTURAL CONSUMERS IN A MANNER TO BE
DETERMINED BY THE PUBLIC SERVICE COMMISSION OF THE STATE  OF  NEW  YORK.
THE  COMBINED  MONTHLY CREDIT, UNDER THIS PARAGRAPH AND PARAGRAPH (A) OF
THIS SUBDIVISION, PROVIDED BY ANY SUCH CORPORATION TO ANY  ONE  CONSUMER
SHALL  NOT  EXCEED  THE  TOTAL MONTHLY ELECTRIC UTILITY COST INCURRED BY
SUCH CONSUMER.
  (2) THE AUTHORITY SHALL WORK  COOPERATIVELY  WITH  THE  DEPARTMENT  OF
PUBLIC  SERVICE  TO  EVALUATE THE AGRICULTURAL CONSUMER ELECTRICITY COST
DISCOUNT, WHICH SHALL INCLUDE AN ASSESSMENT OF THE BENEFITS  TO  RECIPI-
ENTS  COMPARED TO THE BENEFITS THE RECIPIENTS RECEIVED FROM THE AUTHORI-
TY'S HYDROELECTRIC POWER, WITHDRAWN PURSUANT TO  SUBDIVISION  THIRTEEN-A
OF  THIS SECTION, DURING THE TWELVE MONTH PERIOD ENDING DECEMBER THIRTY-
FIRST, TWO THOUSAND TEN, AND COMPARED TO  OTHER  AGRICULTURAL  CONSUMERS
THAT DID NOT CHOOSE TO RECEIVE THE DISCOUNT.
  S 5. Section 1005 of the public authorities law is amended by adding a
new subdivision 18 to read as follows:
  18.  FOR  THE PURPOSE OF FURNISHING THE STATE WITH SYSTEMATIC INFORMA-
TION REGARDING THE STATUS AND  THE  ACTIVITIES  OF  THE  AUTHORITY,  THE
AUTHORITY  SHALL  SUBMIT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
SENATE, SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE  SENATE  AND
THE MINORITY LEADER OF THE ASSEMBLY, WITHIN NINETY DAYS AFTER THE END OF
ITS  FISCAL YEAR, A COMPLETE AND DETAILED ANNUAL REPORT ON EACH ECONOMIC

A. 5021                             8

DEVELOPMENT POWER PROGRAM  IT  ADMINISTERS.  SUCH  ANNUAL  REPORT  SHALL
INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING INFORMATION:
  A.  THE  NUMBER  OF RECIPIENTS OF ECONOMIC POWER PROGRAM BENEFITS, THE
ECONOMIC REGION IN WHICH EACH RECIPIENT IS LOCATED, THE TYPE AND  AMOUNT
OF  ASSISTANCE  PROVIDED,  MEGAWATTS OF POWER AWARDED, LENGTH OF CURRENT
CONTRACT, CURRENT CONTRACT COMPLIANCE STATUS, LAST AUDIT, NUMBER OF JOBS
RETAINED AND/OR ADDED IN THE FISCAL YEAR, APPROXIMATE ENERGY  EFFICIENCY
SAVINGS  AND  AMOUNT  OF  POWER  REALLOCATED  FROM PREVIOUS YEARS DUE TO
FORFEITED BENEFITS; AND
  B. COST  TO  THE  AUTHORITY  TO  PROVIDE  ECONOMIC  DEVELOPMENT  POWER
PROGRAMS DURING THE PREVIOUS FISCAL YEAR.
  S  6. Transitional electricity discount. Notwithstanding any provision
of title 1 of article 5 of the public authorities law or  article  6  of
the economic development law to the contrary, with respect to applicants
who  are  in substantial compliance with all contractual commitments and
receiving benefits under the power for jobs, energy cost  savings  bene-
fit,  economic  development,  high load factor or municipal distribution
agency programs, but do not receive a recommendation from the  New  York
state  economic  development  power  allocation board for a recharge New
York power allocation pursuant to section 188-a of the economic develop-
ment law, such board shall recommend that the  power  authority  of  the
state  of  New  York  provide for a transitional electricity discount to
such applicants. The power authority of the state of New York is author-
ized, as deemed feasible and advisable by the trustees, to provide  such
transitional  electricity discounts as recommended by the New York state
economic development power allocation board. The power authority of  the
state  of  New  York shall identify and advise such board whether suffi-
cient funds are available for the funding of such transitional electric-
ity discounts through June 30, 2016.   The amount  of  the  transitional
electricity  discount  for the period July 1, 2012 through June 30, 2014
shall be equivalent to 66 percent of the unit (per kilowatt-hour)  value
of  the  savings  received  by the applicant under the power for jobs or
energy cost savings benefit programs during  the  12  months  ending  on
December  31,  2010. The amount of the transitional electricity discount
for the period July 1, 2014 through June 30, 2016 shall be equivalent to
33 percent of the unit (per kilowatt-hour) value of the savings received
by the applicant under the power for jobs or energy cost savings benefit
programs during the 12 months ending on December 31, 2010.
  S 7. 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
311 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 [May 15, 2011] JUNE 30, 2012.
  S 8. 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  311  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;

A. 5021                             9

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 [May
15, 2011] JUNE 30, 2012.
  S 9. Paragraphs 2 and 4 of subdivision  (h)  of  section  183  of  the
economic development law, as amended by chapter 311 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 [May fifteenth, two thousand eleven] JUNE  THIRTIETH,  TWO
THOUSAND  TWELVE eligible businesses 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 poli-
tical 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 [May fifteenth, two thousand eleven]
JUNE THIRTIETH, TWO THOUSAND TWELVE.  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 thou-
sand 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
thirtieth, two thousand nine] MAY FIFTEENTH, TWO THOUSAND ELEVEN through
[May  fifteenth,  two  thousand  eleven]  JUNE  THIRTIETH,  TWO THOUSAND
TWELVE, 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 10. The opening paragraph of  paragraph  5  of  subdivision  (a)  of
section  189  of the economic development law, as amended by chapter 311
of the laws of 2010, is amended to read as follows:

A. 5021                            10

  "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 [May
fifteenth] JUNE THIRTIETH, two thousand [eleven]  TWELVE.    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, PROVIDED HOWEVER THAT NOTWITHSTANDING THE FORE-
GOING, FOR THE PERIOD JULY FIRST, TWO THOUSAND ELEVEN THROUGH JUNE THIR-
TIETH, TWO THOUSAND TWELVE, THE BASIC REIMBURSEMENT SHALL BE  AN  AMOUNT
SUCH  THAT  THE  RECIPIENT RECEIVES UNIT (PER KILOWATT-HOUR) ELECTRICITY
SAVINGS EQUIVALENT TO THE  AVERAGE  UNIT  ELECTRICITY  SAVINGS  RECEIVED
DURING  THE  TWELVE MONTHS ENDING ON DECEMBER THIRTY-FIRST, TWO THOUSAND
TEN.
  S 11. Subdivisions (f) and (l) of section 189 of the economic develop-
ment law, as amended by chapter 311 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
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 [May
fifteenth,  two  thousand  eleven]  JUNE THIRTIETH, TWO THOUSAND TWELVE.
Notwithstanding any provision of law to the contrary,  and,  in  partic-
ular,  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

A. 5021                            11

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  allo-
cation  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 [May fifteenth, two thousand eleven]
JUNE THIRTIETH, TWO THOUSAND TWELVE.
  (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]  MAY  FIFTEENTH,  TWO  THOUSAND ELEVEN through [May fifteenth, two
thousand eleven] JUNE THIRTIETH, TWO THOUSAND TWELVE,  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
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 [May fifteenth, two thousand eleven] JUNE THIRTIETH, TWO THOUSAND
TWELVE.    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 12. Subdivision 9 of section 186-a of the tax  law,  as  amended  by
chapter 217 of the laws of 2009, 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  [ten]  TWELVE, any utility which
delivers 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

A. 5021                            12

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
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  13.  Subparagraph  2 of paragraph g of the ninth undesignated para-
graph of section 1005 of the public authorities law, as amended by chap-
ter 217 of the laws of 2009, is amended to read as follows:

A. 5021                            13

  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
seven--two  thousand eight shall be thirty million dollars. The contrib-
ution for state fiscal year two thousand eight--two thousand nine  shall

A. 5021                            14

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 CONTRIBUTION FOR STATE FISCAL  YEAR  TWO  THOUSAND
TEN--TWO  THOUSAND  ELEVEN  SHALL BE SEVEN AND ONE-HALF MILLION DOLLARS.
THE CONTRIBUTION FOR STATE FISCAL YEAR TWO THOUSAND ELEVEN--TWO THOUSAND
TWELVE SHALL BE SIX MILLION 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  [sixty-one]
SEVENTY-FIVE million [five hundred thousand] dollars.
  S  14.  The  opening paragraph of subdivision 5 of section 1005 of the
public authorities law, as amended by chapter 294 of the laws  of  1968,
is amended to read as follows:
  To  develop,  maintain,  manage and operate those parts of the Niagara
and Saint Lawrence hydroelectric projects owned or controlled by  it  in
such  manner  as  to  give effect to the policy hereby declared (and all
plans and acts, and all contracts for the use,  sale,  transmission  and
distribution  of  the power generated by such projects, shall be made in
the light of, consistent with and subject to this policy), namely,  that
such  projects  shall  be  in all respects for the aid, improvement, and
benefit of commerce and navigation  in,  through,  along  and  past  the
Niagara  river,  the  Saint  Lawrence river and the international rapids
section thereof, and that in the  development  of  hydro-electric  power
therefrom such projects shall be considered primarily as for the benefit
of the people of the state as a whole [and particularly the domestic and
rural  consumers  to  whom the power can economically be made available,
and accordingly that sale to and use by industry shall  be  a  secondary
purpose,  to  be utilized principally to secure a sufficiently high load
factor and revenue returns to permit  domestic  and  rural  use  at  the
lowest  possible  rates  and  in  such  manner as to encourage increased
domestic and rural use of electricity]. In furtherance  of  this  policy
and to secure a wider distribution of such power and use of the greatest
value  to  the general public of the state, the authority shall in addi-
tion to other methods which it may find advantageous make  provision  so
that  municipalities  and other political sub-divisions of the state now
or hereafter authorized by law to engage in the distribution of electric
power may secure a reasonable share  of  the  power  generated  by  such
projects,  and  shall sell the same or cause the same to be sold to such
municipalities and political subdivisions at prices representing cost of
generation, plus capital and operating charges,  plus  a  fair  cost  of
transmission,  all  as determined by the trustees, and subject to condi-
tions which shall assure the resale of such power [to domestic and rural
consumers] at the lowest possible  price,  provided,  however,  that  in
disposing  of hydro-electric power pursuant to and in furtherance of the
aforementioned policy and purposes, appropriate provision  may  also  be
made to allocate a reasonable share of project power to agencies created
or  designated  by  other  states  and authorized to resell the power to
users under the same terms and conditions as power is disposed of in New
York state. To that end, the authority may provide in  any  contract  or
contracts  which it may make for the sale, transmission and distribution
of the power  that  the  purchaser,  transmitter  or  distributor  shall
construct, maintain and operate, on such terms as the authority may deem
proper,  such  connecting  lines as may be necessary for transmission of

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the power from main transmission lines to such municipalities  or  poli-
tical subdivisions.
  S 15. Subdivision 16 of section 1005 of the public authorities law, as
added by chapter 217 of the laws of 2009, is REPEALED.
  S 16. Subdivision 16 of section 1005 of the public authorities law, as
added  by chapter 477 of the laws of 2009, is renumbered subdivision 17,
and paragraph (a) of such subdivision is amended to read as follows:
  (a) As deemed feasible and advisable by the trustees, to  finance  and
design, develop, construct, implement, provide and administer energy-re-
lated  projects,  programs  and  services  for any public entity and any
recipient of the economic development power, expansion  power,  replace-
ment  power,  preservation  power,  high  load  factor  power, municipal
distribution agency power, [and the] power for jobs,  AND  RECHARGE  NEW
YORK  POWER  programs administered by the authority. In establishing and
providing  high  performance  and  sustainable  building  programs   and
services  authorized by this subdivision, the authority is authorized to
consult standards, guidelines, rating systems,  and/or  criteria  estab-
lished  or  adopted by other organizations, including but not limited to
the United States green building council under its leadership in  energy
and  environmental  design  (LEED)  programs,  the green building initi-
ative's green globes rating system, and the American National  Standards
Institute.  The  source  of  any  financing and/or loans provided by the
authority for the purposes of this subdivision may be  the  proceeds  of
notes  issued pursuant to section one thousand nine-a of this title, the
proceeds of bonds issued pursuant to section one thousand  ten  of  this
title, or any other available authority funds.
  S  17.  Section  2  of  chapter  477 of the laws of 2009, amending the
public authorities law relating to energy efficiency  and  clean  energy
initiatives  of the power authority of the state of New York, is amended
to read as follows:
  S 2. This act shall take effect immediately [and  shall  expire  three
years  after  it  shall have become a law; provided that such expiration
shall not affect the validity of any energy services contract authorized
by this act and entered into prior to its expiration].
  S 18. The opening paragraph of subdivision 6 of section  1005  of  the
public  authorities  law, as amended by chapter 294 of the laws of 1968,
is amended to read as follows:
  To develop, maintain, manage and operate its projects other  than  the
Niagara  and  Saint Lawrence hydroelectric projects so as (i) to provide
an adequate supply of energy for optimum utilization of  its  hydroelec-
tric  projects,  (ii)  to  attract and expand high load factor industry,
(iii) to provide for the additional needs of its municipal electric  and
rural  electric cooperative customers, (IV) TO PROVIDE A SUPPLY OF POWER
AND ENERGY FOR USE IN THE RECHARGE NEW YORK POWER  PROGRAM  AS  RECHARGE
NEW  YORK  MARKET  POWER,  and  [(iv)]  (V)  to assist in maintaining an
adequate, dependable electric power supply for the state.
  S 19. 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 20. This act shall take effect immediately; provided that:

A. 5021                            16

  a. the amendments to section 183 of the economic development law  made
by  section  nine  of  this  act shall not affect the expiration of such
section and shall be deemed to expire therewith;
  b.  the amendments to section 189 of the economic development law made
by sections ten and eleven of this act shall not affect  the  repeal  of
such section and shall be deemed repealed therewith;
  c.  the  amendments  to  subdivision 9 of section 186-a of the tax law
made by section twelve of this act shall not affect the repeal  of  such
subdivision and shall be deemed repealed therewith; and
  d. the amendments to subparagraph 2 of paragraph g of the 9th undesig-
nated  paragraph  of  section 1005 of the public authorities law made by
section thirteen of this act shall not affect  the  expiration  of  such
subparagraph and shall be deemed to expire therewith.