Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 04, 2012 |
referred to energy and telecommunications returned to senate died in assembly |
Mar 09, 2011 |
referred to energy |
Mar 08, 2011 |
delivered to assembly passed senate ordered to third reading cal.164 reported and committed to rules |
Mar 01, 2011 |
reported and committed to finance |
Feb 10, 2011 |
referred to energy and telecommunications |
Senate Bill S3164
2011-2012 Legislative Session
Creates the recharge New York power program, extends the expiration of the power for jobs program and energy cost savings benefit program, authorizes contributions
download bill text pdfSponsored By
(R) Senate District
Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: Mar 8, 2011
aye (62)- Adams
- Addabbo Jr.
- Alesi
- Avella
- Ball
- Bonacic
- Breslin
- Carlucci
- DeFrancisco
- Diaz
- Dilan
- Duane
- Espaillat
- Farley
- Flanagan
- Fuschillo
- Gallivan
- Gianaris
- Golden
- Griffo
- Grisanti
- Hannon
- Hassell-Thompson
- Huntley
- Johnson
- Kennedy
- Klein
- Krueger
- Kruger
- LaValle
- Lanza
- Larkin
- Libous
- Little
- Marcellino
- Martins
- Maziarz
- McDonald
- Montgomery
- Nozzolio
- O'Mara
- Oppenheimer
- Parker
- Peralta
- Perkins
- Ranzenhofer
- Ritchie
- Rivera
- Robach
- Saland
- Sampson
- Savino
- Serrano
- Seward
- Skelos
- Smith
- Squadron
- Stavisky
- Stewart-Cousins
- Valesky
- Young
- Zeldin
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Mar 8, 2011 - Rules Committee Vote
S316423Aye0Nay1Aye with Reservations0Absent0Excused0AbstainedMar 8, 2011 - Finance Committee Vote
S316431Aye0Nay3Aye with Reservations0Absent0Excused0Abstained-
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Finance Committee Vote: Mar 8, 2011
aye (31)
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Mar 1, 2011 - Energy And Telecommunications Committee Vote
S316411Aye0Nay1Aye with Reservations0Absent0Excused0Abstained -
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co-Sponsors
(D) Senate District
(D, WF) Senate District
(R, C) 60th Senate District
(R, C) 53rd Senate District
(R, IP) Senate District
(D, WF) 63rd Senate District
(D) Senate District
(R, C, IP) Senate District
(D, WF) 21st Senate District
(R, C, IP) Senate District
(D, IP) Senate District
(D, IP) Senate District
2011-S3164 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A5021
- Current Committee:
- Senate Energy And Telecommunications
- Law Section:
- Economic Development Law
- Laws Affected:
- Add §188-a, and §§183 & 189, Ec Dev L; amd §1005, rpld sub 16, Pub Auth L; amd §9, Chap 316 of 1997; amd §11, Chap 645 of 2006; amd §186-a Tax L; amd §2, Chap 477 of 2009
2011-S3164 (ACTIVE) - Sponsor Memo
BILL NUMBER:S3164 TITLE OF BILL: 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 authorities 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 extending 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 PURPOSE: This bill would create a new permanent, 910 megawatt ("MW") Recharge New York power program ("Recharge N.Y.") administered by the Power Authority of the State of New York ("NYPA") and the Economic Development Power Allocation Board ("EDPAB"), for the purposes of creating and retaining jobs in New York State by attracting businesses to the State, creating new businesses within the State, and encouraging the expansion of existing businesses in the State. The central benefit of the new program would consist of a blend of NYPA hydropower and competitively purchased market power for allocation to eligible businesses and other entities located in the State. The bill would reallocate up to 455 MW of hydroelectric power currently used by domestic and rural consumers to support Recharge N.Y.; extend temporarily and then phase out the existing Power for Jobs ("PFJ") and Energy Cost Savings Benefit ("ECSB") programs; facilitate energy efficiency investments by participating businesses to reduce their operating costs and ensure optimum use of the power allocated under Recharge N.Y.; and provide for measures to help mitigate effects on domestic and rural consumers resulting from the reallocation of NYPA's hydropower resource for Recharge N.Y. SUMMARY OF PROVISIONS: Section 1 of the bill would provide the short title of the bill as "recharge New York power program act." Section 2 of the bill would add a new section 188-a to the Economic Development Law (EDL) to create Recharge N.Y. Section 188-a would, among other things: * Define terms used in EDL § 188-a. * Authorize EDPAB to solicit applications for Recharge N.Y. power allocations no later than February 1, 2012, and to make recommendations to NYPA for allocations under the program beginning July 1, 2012. * Establish who is eligible to receive power allocations under Recharge N.Y. * Establish notice requirements for applications fur Recharge N.Y. power allocations and the Recharge N.Y. application process. * Establish criteria for a Recharge N.Y. power allocation award, which would include the following: o the significance of electricity costs to the applicant; o the extent to which an award of Recharge N.Y. power to the applicant would result in new capital investments in the State; o the extent to which a ReCharge N.Y. power allocation is consistent with any regional economic development council strategies and priorities; o the types of facilities the applicant proposes to construct enlarge, or install as consideration for a Recharge N.Y. power allocation; o the payroll, salaries and benefits provided by the applicant; o the number of jobs the applicant would create or retain in relation to the size of the Recharge N.Y. power allocation requested; o the risk the applicant would leave the State, curtail operations, or lose jobs without the Recharge N.Y. power allocation; o the significance of the applicant's facilities to the local economy; o the extent to which the applicant has invested in energy efficiency measures, will agree to make tangible investments in energy efficiency measures, or will agree to participate in energy audits of its facilities; o whether the applicant receives a hydroelectric power allocation or benefits supported by the sale of hydroelectric power under another program administered in whole or part by NYPA; o the extent to which a power allocation for the applicant will result in an advantage as compared to its competitors in the State; and o regarding not-for-profit corporation applicants, whether the applicant provides critical services or substantial benefits to the local community. * Establish an initial term of up to 7 years for Recharge N.Y. power allocations and related contracts, and authorize extensions of allocations and contracts. * Authorize reductions of Recharge N.Y. power allocations at facilities if actual metered load is less than the allocation, and reallocation of relinquished or withdrawn Recharge N.Y. power. * Authorize EDPAB and NYPA to require commitments by applicants, such as agreements by applicants to undertake energy audits of its facilities, to provide NYPA with access to facilities, and to provide NYPA with information on audit results and implementation of audit recommendations. * Provide that: (1) EDPAB shall not allocate more than 910 MW of Recharge N.Y. power; (2) at least 350 MW of Recharge N.Y. power will be set aside for use at facilities located within the National Grid, New York State Electric and Gas ("NYSEG") and Rochester Gas and Electric ("RG&E") service territories; (3) at least 200 MW of Recharge N.Y. power will be set aside for purposes of attracting business to the State, creating new businesses within the State, or encouraging the expansion of existing businesses in the State that create new jobs or leverage new capital investment; and (4) up to 100 MW of Recharge N.Y. power will be set aside for eligible small businesses and not-for-profit corporations. * Authorize EDPAB to choose between eligible applicants based on which applicants best meet applicable criteria, require EDPAB to issue recommendations on applications in writing, and provide that a recommendation for Recharge N.Y. power allocation qualifies the applicant to enter into a contract with NYPA on appropriate terms and conditions. * Provide for the partial and complete withdrawal of Recharge N.Y. power from a recipient for non-compliance with agreed-upon commitments. * Require NYPA and the Department of Public Service ("DPS") to make recommendations to the Public Service Commission ("PSC") for reduced rates applicable to the delivery by utility corporations of Recharge N.Y. power, and provide that any such recommendations for reduced delivery rates would be at such level as to allow the utility to (1) recover the incremental cost of providing delivery service to such customers, and (2) contribute to the common delivery and related costs which otherwise would be borne by other customers. * Restrict the transfer of Recharge N.Y. power allocations and contracts. * Require EDPAB, in consultation with NYPA, periodically to report on the effectiveness of the Recharge N.Y. program. Section 3 of the bill would add a new Public Authorities Law ("PAL") § 1005(13-a) to authorize NYPA to make Recharge N.Y. power allocations, and to enter into contracts to sell up to 910 MW of Recharge N.Y. power to eligible applicants upon recommendation of EDPAB. This new subdivision would also provide that power used in the Recharge N.Y. consists of: (1) up to 455 MW of hydroelectric power withdrawn from utility corporations to which it had been allocated for the benefit of such corporations' "domestic and rural" consumers; and (2) up to an equal amount of energy procured by NYPA from other sources (so-called "Recharge New York market power"). Recharge N.Y. power allocations would consist of equal parts of NYPA hydropower and the market power and would be sold to eligible applicants on a uniform basis. Subdivision 13-a would further provide that NYPA, prior to entering into a contract with an eligible applicant for the sale of Recharge N.Y. power, and prior to the provision of electric service relating to a Recharge N.Y. power allocation, will offer eligible applicants the option to decline to purchase the market power component of such Recharge N.Y. allocation. Section 4 of the bill would add a new PAL § 1005(13-b) to authorize NYPA to implement two residential consumer discount programs to help mitigate cost impacts on residential consumers resulting from the reallocation of hydroelectric power for Recharge N.Y. Under the "Residential Consumer Electricity Cost Discount" ("RCECD") program, NYPA would be authorized, as deemed feasible and advisable by its Board of 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 PAL 1005(13-a). The monthly payments would commence after the hydroelectric power is withdrawn. The total annual amount of the temporary monthly payments for each of the first three 12-month periods following withdrawal of the hydroelectric power will be $100 million. The total annual amount of the monthly payments for each of the two subsequent 12-month periods will be $70 million and $50 million, respectively. Thereafter, the total amount of monthly payments for each 12-month period would be $30 million. Beginning in the second year of the RCECD program, up to $8 million of the payments made that year would be set aside for an "Agricultural Consumer Electricity Cost Discount" program to provide supplemental discounts to agricultural producers who receive electric service at the residential rate. The PSC would supervise the distribution of this funding through jurisdictional utility rates, according to the relative amounts of hydropower purchased by the utilities. Section 5 of the bill would add a new PAL § 1005(18) to require NYPA to complete detailed annual reports on each economic development power program it administers. Section 6 of the bill would provide that, with respect to applicants who are in substantial compliance with contractual commitments and receiving benefits under the existing Power for Jobs, Energy Cost Savings Benefit, Economic Development, High Load Factor or Municipal Distribution Agency programs, but who do not receive a recommendation from the EDPAB for a Recharge N.Y. power allocation, EDPAB will recommend that NYPA provide a "transitional electricity discount" through June 30, 2016. The amount of a transitional electricity discount for the period July 1, 2012 through June 30, 2014 would be equivalent to 66 percent of the unit (per kilowatt-hour) value of the savings received by the applicant under the PFJ or ECSB programs during the 12 months ending on December 31, 2010. The amount of a transitional electricity discount for the period July 1, 2014 through June 30, 2016 would be equivalent to 33 percent of the unit (per kilowatt-hour) value of the savings received by the applicant under the PFJ or ECSB programs during the 12 months ending on December 31, 2010. Section 7 of the bill would amend section 9 (the effective date section) of Chapter 316 of the Laws of 1997 to extend the current sunset of Chapter 316 to June 30, 2012. Chapter 316, among other things, created the PFJ program in EDL § 189. Section 8 of the bill would amend section 11 (the effective date section) of Chapter 645 of the Laws of 2006 to extend the sunset of section 7 of Chapter 645 to June 30, 2012. Section 7 of Chapter 645 provides for certain responsibilities of NYPA, the Director of the Budget and the Comptroller relating to the PFJ program. Section 9 of the bill would amend EDL § 183(h)(2) and (4) to extend the current sunset of the ECSB program to June 30, 2012. Section 10 of the bill would amend the opening paragraph of EDL § 189(a)(5) to extend the current sunset of the PFJ Electricity Savings Reimbursements to June 30, 2012 at the same level as provided under such program during the 12 months ending on December 31, 2010. Section 11 of the bill would amend EDL § 189(f) and (1) to provide for the extension of Power for Jobs contracts and rebates through June 30, 2012. Section 12 of the bill would amend Tax Law § 186-a(9) to extend the taxable period for which a utility that delivers PFJ power is allowed a tax credit through 2012. Section 13 of the bill would amend subparagraph 2 of paragraph (g) of the ninth undesignated paragraph of PAL § 1005 to authorize NYPA, as deemed feasible and advisable by its Board of Trustees, to make a voluntary contribution to the State of $7.5 million for State Fiscal Year 2010-11 and $6 million for State Fiscal Year 2011-12 to offset losses to the State from the gross receipts tax revenues from PFJ contract extensions. This section would also raise the aggregate amount that NYPA may contribute to the State under the PFJ program to $475,000,000. Section 14 of the bill would amend PAL § 1005(5) to clarify the purposes for which Niagara and St. Lawrence Project power may be used. Section 15 of the bill would repeal PAL § 1005(16) (added by Chapter 217 of the Laws of 2009), because that subdivision has been fully implemented and, therefore, is no longer necessary. Section 16 of the bill would renumber PAL § 1005(16) (added by chapter 477 of the Laws of 2009) as subdivision 17, and amend paragraph (a) of such subdivision to authorize NYPA to offer its energy efficiency programs to Recharge N.Y. participants. Section 17 of the bill would amend section 2 of chapter 477 of the Laws of 2009 (the effective date section) to permanently authorize NYPA to offer its energy efficiency programs to Recharge N.Y. participants. Section 18 of the bill would amend the opening paragraph of PAL 1005(6) to clarify that NYPA may develop, maintain, manage and operate its projects other than the Niagara and Saint Lawrence hydroelectric projects so as to, among other things, provide a supply of power and energy for use in Recharge N.Y. Section 19 of the bill contains a severability clause. Section 20 of the bill provides for the bill's effective date. EXISTING LAW: The PPJ and ECSB programs expire May 15, 2011. Chapter 316 of the Laws of 1997 established the PPJ program to provide discounted NYPA-purchased power to businesses and not-for-profit corporations that agree to create or retain jobs in New York State. In return for such commitments, successful applicants received three-year contracts for PPJ electricity. The PPJ program originally made 400 MW of power available and was to be phased in over three years. As a result of the initial popularity of the program, the PPJ statute was amended by Chapter 386 of the Laws of 1998 to accelerate the distribution of the power and increase the size of the program to 450 MW. Chapter 63 of the Laws of 2000 and Chapter 226 of the Laws of 2002 amended the statute to authorize additional power to be allocated under the program and to authorize certain participants to apply for reallocations of power under the program. Chapter 59 of the Laws of 2004 extended program benefits for PPJ customers whose contracts expired before the end of the PPJ program in 2005. Such customers were required to choose to receive an "electricity savings reimbursement" rebate or a power contract extension. NYPA was authorized to voluntarily fund the rebates if deemed feasible and advisable by NYPA's Trustees. PPJ customers whose contracts expired on or prior to November 30, 2004 were eligible for a rebate to the extent funded by NYPA from the date their contract expired through December 31, 2005. As an alternative, these customers could have chosen to receive a rebate to the extent funded by NYPA from the date their contract expired as a bridge to a new contract extension, with the contract extension commencing December 1, 2004. The new contract would have been in effect from a period no earlier than December 1, 2004 through the end of the PPJ program on December 31, 2005. PPJ customers whose contracts expired after November 30, 2004 were eligible for rebate or contract extension from the date their contracts expired through December 31, 2005. Approved contract extensions entitled customers to receive power from NYPA pursuant to a sale-for-resale agreement with the customer's local utility. Separate allocation contracts between customers and NYPA contained job commitments enforceable by NYPA. In 2005, provisions of the enacted State budget extended the period during which PFJ customers could receive benefits until December 31, 2006. Chapter 645 of the Laws of 2006 included provisions extending program benefits until June 30, 2007. Chapter 89 of the Laws of 2007 included provisions extending program benefits until June 30, 2008. Chapter 59 of the Laws of 2008 included provisions extending program benefits until June 30, 2009. Chapter 217 of the Laws of 2009 included provisions extending program benefits until May 15, 2010. Chapter 88 of the Laws of 2010 extended program benefits until June 2, 2010. Chapter 311 of the Laws of 2010 extended program benefits until May 15, 2011. Chapter 313 of the Laws of 2005 created the ECSB program. Pursuant to the ECSB program, NYPA makes discounted market power available to 94 businesses in the Economic Development Power, High Load Factor Power and Municipal Distribution Agency Power programs that were facing price increases before the end of 2006. Up to 70 MW of unallocated power from the Niagara Power Project and up to 20 MW of currently unallocated power from the St. Lawrence-FDR Project may be sold into the market to fund the ECSB program. LEGISLATIVE HISTORY: This is a new bill. STATEMENT IN SUPPORT: New York must take decisive action to put our economy back on track. There are approximately 800,000 New Yorkers unemployed. From 2000 to 2010, New York has lost 288,000 manufacturing jobs. Many businesses and factories have curtailed operations or have closed entirely. In addition to the severe toll the current recession has taken on families, it has also caused a dramatic reduction in revenue to the State, resulting in record State budget deficits, and has reduced the property tax base in our communities, resulting in upward pressure on property taxes for New Yorkers who are already struggling to stay in their homes and communities. While it is true that the current recession is a global economic problem, it is also true that New York State's challenging business climate has contributed to our fiscal problems. Among the key factors that impact New York's competitiveness compared to other states is energy cost. New York's commercial and industrial electricity rates are double that of states in the south that are competing for business and industrial investment. New York's high energy cost is a factor when existing New York-based companies decide whether to stay open or expand, and when new companies decide in which state to invest. It is critical to retain existing manufacturers and businesses to protect good-paying jobs and to preserve our property tax base, and it is also critical to attract new business investment and create new jobs for the unemployed. A permanent statewide low-cost power program will help achieve these goals. The current PPJ program provides discounted energy to approximately 500 businesses and non-profits across New York State that employ approximately 300,000 people. Created over a decade ago, PPJ supplies discounted power or cash rebates to companies that retain and create jobs. However, the program will expire in May of this year and these businesses and non-profit corporations will lose access to the program unless action is taken by the Legislature. The PPJ program has been extended on an annual basis for the last six years. This approach has not served New York well. During this time, the program has not been open to participation by new businesses and existing beneficiaries have been reluctant to invest in their facilities without the assurance that the benefits will continue for multiple years. The year-to-year extensions have also hampered NYPA's ability to effectively administer the programs and execute long term budgeting and hedging strategies. In addition, the last incarnation of the PPJ program lacked critical incentives to reward participating companies that increase their energy efficiency, thereby saving valuable energy and resources not only for themselves, but also for all New Yorkers. This bill would replace the PPJ program with a permanent statewide economic development program, Recharge N.Y. This new program would provide predictability and stability of power supply with long-term contracts and would provide new selection criteria and tools to encourage energy efficiency investments at the facilities that participate in the program. This would ensure that businesses can invest in their plants with confidence that this program will continue to be available to them, and ensure that the power provided under the program is used as efficiently as possible. Eligible businesses and institutions that receive Recharge N.Y. power allocations would be allowed to enter contracts for up to seven years, which would provide long-term certainty to encourage new investment and expansion in New York. Recharge N.Y. would reserve at least 350 MW for economic development in the National Grid, NYSEG, and RG&E service territories and 200 MW to attract new investment, thus ensuring that the bill would result in both job retention and job creation. In addition, Recharge N.Y. would reserve 100 MW for not-for-profits, such as hospitals, thus protecting jobs in institutions that provide critical services to our communities. In summary, the new Recharge N.Y. would help to protect existing jobs, attract new jobs, encourage new investment in the State, and help grow the State's tax base. Hydropower that would be utilized for the Recharge N.Y. is currently sold by NYPA at cost to National Grid, NYSEG, and RG&E to benefit residential customers under NYPA's domestic and rural program. The value of this benefit in 2010 was approximately $100 million, which equated to an average monthly residential discount of $3.30 per customer. Residential customers in these utility service territories would continue to receive a permanent benefit from NYPA after the hydropower is reallocated for use in Recharge N.Y. First, over the first five years after the bill is enacted, NYPA would transfer funding to National Grid, NYSEG and RG&E to provide transitional utility bill discounts for residential customers. These transitional discounts would be funded at $100 million per year for the first three years of the program, effectively holding these customers harmless during this time. In the fourth year (2014), the discount would be reduced to $70 million and in the fifth year the discount would be reduced to $50 million. Thereafter, the discount would remain at $30 million per year. The reduced discount would be offset by the expiration in 2014 of the State's temporary "18-a" assessment on utility bills. Up to $8 million of the annual permanent benefit would be set aside for an additional electricity discount for agricultural consumers taking electric service at the residential rate. BUDGET IMPLICATIONS: This bill would have no impact on the State budget because the resources for the new Recharge N.Y. power program would be provided by NYPA. Such resources would consist of hydroelectric power and other resources deemed feasible and advisable by the NYPA Trustees. EFFECTIVE DATE: This bill would take effect immediately, provided, however, that the amendments to the provisions of law relating to the PFJ and ECSB programs would not affect the expiration of such provisions of law and would be deemed repealed with them.
2011-S3164 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3164 2011-2012 Regular Sessions I N S E N A T E February 10, 2011 ___________ Introduced by Sen. MAZIARZ -- (at request of the Governor) -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommunications 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. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12006-02-1
S. 3164 2 (2) "AUTHORITY" SHALL MEAN THE POWER AUTHORITY OF THE STATE OF NEW YORK. (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 S. 3164 3 BOARD DEEMS APPROPRIATE IN CONSULTATION WITH THE AUTHORITY, THE GOVER- NOR, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE ASSEMBLY, 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; S. 3164 4 (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; (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 S. 3164 5 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 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 S. 3164 6 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 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 S. 3164 7 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 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 S. 3164 8 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 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 S. 3164 9 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 [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. 3164 10 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: "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- S. 3164 11 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 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 S. 3164 12 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 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. 3164 13 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: 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 S. 3164 14 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 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 S. 3164 15 construct, maintain and operate, on such terms as the authority may deem proper, such connecting lines as may be necessary for transmission of 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 S. 3164 16 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. 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.
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