Senate Bill S5835A

2011-2012 Legislative Session

Relates to establishing the western New York power proceeds allocation board; repealer

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 14, 2012	reported and committed to finance
Jan 18, 2012	print number 5835a
Jan 18, 2012	amend and recommit to energy and telecommunications
Jan 04, 2012	referred to energy and telecommunications
Jun 21, 2011	referred to rules

Votes

- Feb 14, 2012 - Energy And Telecommunications Committee Vote
  S5835A
  
  Aye
  
  7
  
  Nay
  
  0
  
  Aye with Reservations
  
  5
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Energy And Telecommunications Committee Vote: Feb 14, 2012
      
      aye (7)
      
      Dilan
      
      Fuschillo
      
      Kennedy
      
      Maziarz
      
      Parker
      
      Ritchie
      
      Robach
      
      aye wr (5)
      
      Adams
      
      Alesi
      
      Gianaris
      
      Griffo
      
      O'Mara

Bill Amendments

co-Sponsors

2011-S5835 - Details

Current Committee:: Senate Finance
Law Section:: Economic Development Law
Laws Affected:: Add Art 6-A §§189-a - 189-d, amd §100, Ec Dev L; amd §1005, Pub Auth L; rpld Chap 436 of 2010

2011-S5835 - Summary

Relates to establishing the western New York power proceeds allocation board.

2011-S5835 - Sponsor Memo

                                BILL NUMBER:S5835

TITLE OF BILL:
An act
to amend the economic development law and
the public authorities law,
in relation to establishing the western New York
power proceeds allocation board; and to repeal chapter 436 of the laws
of 2010 amending the public authorities law and the economic development
law, relating to authorizing unallocated expansion or replacement power
to be allocated for western New York economic development fund benefits

PURPOSE:
To require the Power Authority (NYPA) to fully implement Chapter 436
of the laws of 2010, to clarify certain ambiguities that might exist
in Chapter 436; and to establish a sound basis to go forward with
recommendations for power allocations and for the allocation of the
Net Earnings from the sale of certain hydro-power from the Niagara
Power Project.

SUMMARY OF PROVISIONS:
Section 2 adds a new Article 6-a to the Economic Development law that:

o Creates the Western New York Power Proceeds Allocation Board that
shall have five members, three appointed by the Governor, and one
each by the Temporary President of the Senate and the Speaker of the

Assembly. Each legislative appointment and one appointment from the
Executive must live within a 30 mile radius of the Niagara Power
Project located in Lewiston NY.

o Authorizes the Board to recommend to the Empire State Development
Corporation (ESDC) how certain proceeds from the sale of Niagara
Project Hydro-Electric expansion and replacement power ("Net
Earnings") are to be granted to certain entities for economic
development purposes;

o Defines economic development power for purposes of this act to
include 250 MW of Expansion Power and 445 MW of Replacement Power and
specifies that Replacement Power includes a certain 70 MW of Niagara
Power Project that had formally been made available for other
purposes. This 70 Megawatts shall be made available starting on July
1, 2012.

o Requires the Board consider Regional Economic Development Council
strategies.

o Requires the Board to use the same criteria for proceeds awards, as
it currently utilized for expansion and replacement power allocations.

o Provides that funds can be used for certain purposes ("Eligible
Projects") that must be within 30 miles of the Niagara Power project
including capital investments, hazardous waste remediation,
infrastructure, land acquisition, research and development and tourism.
It also provides that funds may not be used for advertising or
advocacy lobbying, political purposes, debates or discussions of


public issues, legal fees, or fees related to any administrative
proceeding;

o Requires NYPA to provide a full accounting of all power sales, the
funds derived there from and other information;

o Requires NYPA to transfer all Net Earnings to a new fund to be held
by ESDC;

o Directs ESDC to provide staff and other support that may be needed;

o Involves ESDC in a formal role in the allocation of economic
development funds.

   o Allows the Power Authority to consult with the Western New York
Power Allocation Board in the application process relating to the
allocation of expansion and replacement power.

   o Repeals Chapter 436 of the laws of 2010.

JUSTIFICATION FOR 2011 PROPOSAL:
In order to emphasize the intent of the Legislature, to clarify
certain ambiguities that might exist in the 2010 law, and to
establish a sound basis to go forward with the recommendation for
power allocations and recommendations for the allocation of excess
revenues, it has been decided that a bill should be introduced and
passed in the 2011 session of the Legislature.

This legislation is made necessary because of NYPA's refusal to carry
out the clear intent of Chapter 436 of the Laws of 2010.

This legislation will clarify and codify the process by which
expansion and replacement power allocations are made, and also make
clear that the Western New York Power Proceeds Allocation Board shall
play a key role in the award of monetary allocation derived from the
sale of Expansion and Replacement power into the open market.

Western New York, is among the most economically depressed areas of
our State, and yet those who reside there live within view of the
largest hydroelectric generating facility in the Northeast continue
to struggle. This proposal will allow money from the proceeds of the
sale of certain power generated at Niagara to create jobs in the
local communities located within 30 miles of the plant. This was the
intent of the legislature in 2010 and this law will ensure that this
clear directive is carried out at long last.

LEGISLATIVE HISTORY:
New bill, but follows passage of Chapter 436 of the Laws
of 2010 (A.8712A)

FISCAL IMPLICATIONS:
None to the state. No new fiscal implications to NYPA. This bill does
not alter the fiscal impact imposed upon NYPA by Chapter 436 of the
Laws of 2010. Further, there is no cost impact on ESDC.

EFFECTIVE DATE:
Immediately.

2011-S5835 - Bill Text download pdf

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

                                  5835

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 21, 2011
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the economic development law and the public  authorities
  law,  in  relation to establishing the western New York power proceeds
  allocation board; and to repeal chapter 436 of the laws of 2010 amend-
  ing the public authorities  law  and  the  economic  development  law,
  relating  to authorizing unallocated expansion or replacement power to
  be allocated for western New York economic development fund benefits

  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 as the "western New
York power proceeds allocation act".
  S 2. The economic development law is amended by adding a  new  article
6-A to read as follows:
                               ARTICLE 6-A
             WESTERN NEW YORK POWER PROCEEDS ALLOCATION ACT
SECTION 189-A. DEFINITIONS.
        189-B. THE WESTERN NEW YORK POWER PROCEEDS ALLOCATION BOARD.
        189-C. GENERAL POWERS AND DUTIES OF THE BOARD.
        189-D. RULES AND REGULATIONS.
  S  189-A. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:   1. "AUTHORITY" IS  THE  POWER
AUTHORITY OF THE STATE OF NEW YORK.
  2.  "BOARD"  IS  THE  WESTERN NEW YORK POWER PROCEEDS ALLOCATION BOARD
CREATED BY THIS ARTICLE.
  3. "BENEFITS" OR "FUND BENEFITS" ARE PAYMENTS TO  APPLICANTS  SELECTED
IN ORDER TO FUND ELIGIBLE PROJECTS WITH MONIES DERIVED FROM NET EARNINGS
THAT  HAVE BEEN DEPOSITED INTO THE WESTERN NEW YORK ECONOMIC DEVELOPMENT
FUND.
  4. "CORPORATION" IS THE NEW YORK STATE URBAN  DEVELOPMENT  CORPORATION
DOING BUSINESS AS THE EMPIRE STATE DEVELOPMENT CORPORATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13201-02-1

S. 5835                             2

  5.  "ELIGIBLE  PROJECTS"  ARE  ECONOMIC  DEVELOPMENT PROJECTS THAT ARE
LOCATED WITHIN A THIRTY-MILE RADIUS OF THE NIAGARA POWER PROJECT LOCATED
IN LEWISTON, NEW YORK THAT WILL SUPPORT THE GROWTH OF BUSINESSES IN  THE
STATE  AND  THEREBY  LEAD TO THE CREATION OR MAINTENANCE OF JOBS AND TAX
REVENUES  FOR  THE STATE.  ELIGIBLE PROJECTS MAY INCLUDE CAPITAL INVEST-
MENTS IN PLANT AND EQUIPMENT, AND ASSOCIATED BUILDINGS  AND  INFRASTRUC-
TURE  (COLLECTIVELY,  "INFRASTRUCTURE")  OWNED  BY AN APPLICANT FOR FUND
BENEFITS, INCLUDING TRANSPORTATION PROJECTS  UNDER  STATE  OR  FEDERALLY
APPROVED  PLANS;  REMOVAL  OF  HAZARDOUS  OR  CONTAMINATED CONDITIONS AT
INFRASTRUCTURE SITES; THE ACQUISITION OF LAND NEEDED FOR INFRASTRUCTURE;
RESEARCH AND DEVELOPMENT WHERE THE RESULTS OF SUCH RESEARCH AND DEVELOP-
MENT WILL DIRECTLY BENEFIT NEW  YORK  STATE;  SUPPORT  FOR  TOURISM  AND
MARKETING AND ADVERTISING EFFORTS FOR WESTERN NEW YORK STATE TOURISM AND
BUSINESS AND FOR OTHER SIMILAR USES AND ACTIVITIES. ELIGIBLE PROJECTS DO
NOT  INCLUDE,  AND  FUND  BENEFITS  MAY NOT BE USED FOR, PUBLIC INTEREST
ADVERTISING OR ADVOCACY; LOBBYING; THE  SUPPORT  OR  OPPOSITION  OF  ANY
CANDIDATE  FOR  PUBLIC  OFFICE;  THE SUPPORT OR OPPOSITION TO ANY PUBLIC
ISSUE; LEGAL FEES RELATED TO LITIGATION OF ANY KIND; EXPENSES RELATED TO
ADMINISTRATIVE PROCEEDINGS BEFORE STATE OR LOCAL AGENCIES; RETAIL  BUSI-
NESSES  AS  DEFINED  BY THE BOARD, INCLUDING, WITHOUT LIMITATION, SPORTS
VENUES, GAMING AND  GAMBLING  OR  ENTERTAINMENT-RELATED  ESTABLISHMENTS,
RESIDENTIAL  PROPERTIES,  OR  PLACES  OF OVERNIGHT ACCOMMODATION; OR FOR
SIMILAR USES OR ACTIVITIES.
  6. "EXPANSION POWER" IS  THE  TWO  HUNDRED  FIFTY  MEGAWATTS  OF  FIRM
NIAGARA  PROJECT HYDROELECTRIC POWER AND "REPLACEMENT POWER" IS THE FOUR
HUNDRED FORTY-FIVE MEGAWATTS OF FIRM NIAGARA PROJECT HYDROELECTRIC POWER
AS SUCH TERMS ARE DEFINED IN SUBDIVISION THIRTEEN OF SECTION  ONE  THOU-
SAND  FIVE  OF THE PUBLIC AUTHORITIES LAW. FOR PURPOSES OF THIS SECTION,
EXPANSION AND REPLACEMENT POWER INCLUDES THE ENERGY ASSOCIATED WITH SUCH
POWER.   NOTWITHSTANDING ANY LAW, RULE, REGULATION,  OR  POLICY  TO  THE
CONTRARY,  AS  OF  THE  FIRST  DAY OF JULY, TWO THOUSAND TWELVE THE TERM
REPLACEMENT POWER AS USED IN THIS ARTICLE  INCLUDES  A  CERTAIN  SEVENTY
MEGAWATTS  OF  POWER THAT IS REFERRED TO IN SECTION ONE THOUSAND FIVE OF
THE PUBLIC AUTHORITIES LAW.
  7. "NET EARNINGS" IS THE AGGREGATE EXCESS OF REVENUES RECEIVED BY  THE
POWER  AUTHORITY OF THE STATE OF NEW YORK FROM THE SALE OF EXPANSION AND
REPLACEMENT POWER AND ENERGY PRODUCED AT THE NIAGARA  PROJECT  THAT  WAS
SOLD  IN  THE WHOLESALE ENERGY MARKET OVER WHAT REVENUES WOULD HAVE BEEN
RECEIVED HAD SUCH ENERGY BEEN SOLD ON A FIRM BASIS TO AN ELIGIBLE EXPAN-
SION OR REPLACEMENT  POWER  CUSTOMER  UNDER  THE  APPLICABLE  TARIFF  OR
CONTRACT.
  8. "WESTERN NEW YORK ECONOMIC DEVELOPMENT FUND" OR "FUND" IS A FUND OF
THE CORPORATION INTO WHICH ALL NET EARNINGS ARE DEPOSITED BY THE AUTHOR-
ITY AND FROM WHICH ALLOCATIONS OF FUND BENEFITS TO ELIGIBLE PROJECTS MAY
BE MADE.
  S  189-B.  THE  WESTERN  NEW  YORK POWER PROCEEDS ALLOCATION BOARD. 1.
THERE IS HEREBY CREATED THE WESTERN NEW YORK POWER  PROCEEDS  ALLOCATION
BOARD,  WHICH SHALL POSSESS THE POWERS AND DUTIES HEREIN SPECIFIED.  THE
BOARD SHALL CONSIST OF FIVE MEMBERS WHO SHALL BE APPOINTED BY THE GOVER-
NOR AS FOLLOWS:  ONE OF WHOM SHALL BE APPOINTED UPON THE  RECOMMENDATION
OF  THE  TEMPORARY  PRESIDENT  OF THE SENATE AND SHALL RESIDE WITHIN THE
30-MILE RADIUS OF THE NIAGARA POWER PROJECT AND ONE  OF  WHOM  SHALL  BE
APPOINTED  UPON  THE  RECOMMENDATION  OF THE SPEAKER OF THE ASSEMBLY AND
SHALL RESIDE WITHIN THE 30-MILE RADIUS OF THE NIAGARA POWER PROJECT.  AT
LEAST  ONE ADDITIONAL MEMBER SHALL ALSO RESIDE WITHIN THE 30-MILE RADIUS

S. 5835                             3

OF THE NIAGARA POWER PROJECT.  THE GOVERNOR SHALL DESIGNATE A CHAIR FROM
AMONGST THE BOARD'S MEMBERS.
  2.  EACH  MEMBER SHALL SERVE A TERM OF FIVE YEARS OR UNTIL A SUCCESSOR
SHALL HAVE BEEN NAMED AND  QUALIFIED.  MEMBERS  MAY  BE  REAPPOINTED  TO
SUCCESSIVE TERMS.
  3.   NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THREE
MEMBERS SHALL CONSTITUTE A QUORUM FOR THE  PURPOSES  OF  ORGANIZING  THE
BOARD  AND  CONDUCTING  THE BUSINESS THEREOF; AND NO ACTION OF THE BOARD
MAY BE TAKEN EXCEPT UPON AN AFFIRMATIVE VOTE OF AT LEAST THREE-FIFTHS OF
THE FULL BOARD MEMBERSHIP AT ANY MEETING AT WHICH AT LEAST THREE MEMBERS
ARE PRESENT OR PARTICIPATING BY  VIDEOCONFERENCING.    VIDEOCONFERENCING
MAY BE USED FOR ATTENDANCE AND PARTICIPATION BY MEMBERS OF THE BOARD. IF
VIDEOCONFERENCING  IS  USED,  THE BOARD SHALL PROVIDE AN OPPORTUNITY FOR
THE PUBLIC TO ATTEND, LISTEN AND OBSERVE AT ANY SITE AT WHICH  A  MEMBER
PARTICIPATES. THE PUBLIC NOTICE FOR THE MEETING SHALL IDENTIFY, IF PRAC-
TICABLE, ALL LOCATIONS WHERE A MEMBER WILL PARTICIPATE IN THE MEETING BY
VIDEOCONFERENCE  AND SHALL STATE THAT THE PUBLIC HAS THE RIGHT TO ATTEND
THE MEETING AT ANY SUCH LOCATION.
  4. MEMBERS OF THE BOARD, EXCEPT THOSE THAT ARE EMPLOYEES  OR  OFFICERS
OF THE STATE, ITS AUTHORITIES OR AGENCIES, SHALL NOT RECEIVE A SALARY OR
OTHER  COMPENSATION,  BUT  SHALL  BE  ALLOWED  THE  NECESSARY AND ACTUAL
EXPENSES INCURRED IN THE PERFORMANCE OF DUTIES UNDER THIS ARTICLE.
  S 189-C. GENERAL POWERS AND DUTIES OF THE  BOARD.  1.  THE  BOARD  MAY
ADOPT RULES AND REGULATIONS RELATING TO THE ACTIVITIES OF THE BOARD.
  2.  THE  BOARD,  OR  A  MEMBER DESIGNATED BY THE BOARD, SHALL PREPARE,
DISTRIBUTE AND RECEIVE ALL APPLICATIONS FROM, OR ON  BEHALF  OF,  APPLI-
CANTS  FOR  FUND  BENEFITS.  APPLICATIONS SHALL BE IN A FORM AND CONTAIN
SUCH INFORMATION, DATA AND EXHIBITS AS THE BOARD, IN  CONSULTATION  WITH
THE AUTHORITY AND THE CORPORATION, MAY PRESCRIBE.
  3.    THE  BOARD MAY REQUEST FROM THE AUTHORITY AND THE CORPORATION AN
ANALYSIS OF ALL SUCH APPLICATIONS ALONG  WITH  ANY  RECOMMENDATIONS.  IN
ADDITION, THE BOARD MAY REQUEST, IN WHICH CASE AND THE AUTHORITY AND THE
CORPORATION  SHALL  SUPPLY, SUCH ADDITIONAL INFORMATION AS IS REASONABLY
NECESSARY FOR THE BOARD TO PERFORM ITS DUTIES.
  4. THE BOARD SHALL ESTABLISH A PROCEDURE FOR THE  REVIEW  OF  APPLICA-
TIONS  FOR  FUND BENEFITS THAT SHALL INCLUDE A REVIEW OF APPLICATIONS NO
LESS FREQUENTLY THAN TWICE EACH YEAR.
  5. IN EVALUATING APPLICATIONS FOR FUND BENEFITS, THE BOARD  SHALL  USE
THE CRITERIA FOR ELIGIBILITY FOR EXPANSION, REPLACEMENT AND PRESERVATION
POWER, AND FOR REVITALIZATION OF INDUSTRY, PROVIDED IN SECTION ONE THOU-
SAND  FIVE  OF  THE PUBLIC AUTHORITIES LAW. IN ADDITION, THE BOARD SHALL
CONSIDER THE EXTENT TO WHICH AN AWARD OF  FUND  BENEFITS  IS  CONSISTENT
WITH  ANY  REGIONAL  ECONOMIC DEVELOPMENT COUNCIL STRATEGIES AND PRIORI-
TIES.
  6. THE BOARD SHALL RECOMMEND TO THE CORPORATION THE ALLOCATION OF FUND
BENEFITS TO ELIGIBLE PROJECTS THAT THE  BOARD  BELIEVES  BEST  MEET  THE
APPLICABLE CRITERIA.
  THE BOARD MAY INCLUDE WITHIN ITS RECOMMENDATIONS SUCH TERMS AND CONDI-
TIONS AS IT DEEMS APPROPRIATE, INCLUDING, BUT NOT LIMITED TO, REASONABLE
PROVISION FOR THE ALLOCATION OF FUND BENEFITS OVER TIME AS THE APPLICANT
ACHIEVES  MILESTONES TOWARDS PROJECT COMPLETION, THE PARTIAL OR COMPLETE
WITHDRAWAL OR RETURN OF FUND BENEFITS WHERE THE RECIPIENT HAS FAILED  TO
ACHIEVE  OR  MAINTAIN  MUTUALLY  AGREED  UPON COMMITMENTS, OR SUCH OTHER
TERMS AND CONDITIONS AS THE BOARD DEEMS ADVISABLE.
  7. A RECOMMENDATION BY THE BOARD THAT AN APPLICANT  RECEIVE  AN  ALLO-
CATION  OF  FUND  BENEFITS  SHALL  BE A PREREQUISITE TO AN AWARD OF FUND

S. 5835                             4

BENEFITS BY THE CORPORATION.  THE CORPORATION SHALL AWARD FUND  BENEFITS
TO  AN  APPLICANT UPON A FAVORABLE RECOMMENDATION OF THE BOARD, PROVIDED
HOWEVER THAT UPON A SHOWING OF GOOD CAUSE, THE  CORPORATION  SHALL  HAVE
DISCRETION  AS  TO  WHETHER  TO  ADOPT THE BOARD'S RECOMMENDATION, OR TO
AWARD BENEFITS IN A DIFFERENT AMOUNT AND ON DIFFERENT TERMS  AND  CONDI-
TIONS THAN THOSE CONTAINED IN THE RECOMMENDATION OF THE BOARD.
  8.  UPON  MAKING AN ALLOCATION OF FUND BENEFITS, THE CORPORATION SHALL
INCLUDE WITHIN THE AGREEMENT PROVIDING  FOR  THE  TERMS  AND  CONDITIONS
APPLICABLE  TO  SUCH ALLOCATION ALL TERMS AND CONDITIONS THE CORPORATION
BELIEVES ARE APPROPRIATE, TAKING INTO ACCOUNT THE  RECOMMENDATIONS  MADE
BY THE BOARD.
  S  189-D.  RULES AND REGULATIONS. THE CORPORATION IS HEREBY AUTHORIZED
TO PROMULGATE RULES AND REGULATIONS AS  ARE  NECESSARY  TO  FULFILL  THE
PURPOSES OF THIS ARTICLE.
  S  3. Section 100 of the economic development law is amended by adding
three new subdivisions 26-a, 26-b and 26-c to read as follows:
  26-A. TO PROVIDE ALL NECESSARY STAFF SERVICES,  ACCOUNTING,  CLERICAL,
AND  SECRETARIAL  ASSISTANCE,  OFFICE  SPACE,  AND  EQUIPMENT REASONABLY
REQUESTED BY THE WESTERN NEW YORK POWER PROCEEDS ALLOCATION BOARD.
  26-B. TO ESTABLISH  APPLICATION,  APPLICATION  REVIEW  AND  ALLOCATION
PROCESSES  FOR  NET  EARNINGS  PROVIDED  FOR UNDER ARTICLE SIX-A OF THIS
CHAPTER.
  26-C.  TO ESTABLISH A SEPARATE ACCOUNT TO BE KNOWN AS THE WESTERN  NEW
YORK  ECONOMIC  DEVELOPMENT  FUND.  REASONABLE COSTS AND EXPENSES OF THE
CORPORATION RELATED TO MANAGEMENT AND ADMINISTRATION OF THE WESTERN  NEW
YORK  ECONOMIC  DEVELOPMENT FUND MAY BE PAID OUT OF THE WESTERN NEW YORK
ECONOMIC DEVELOPMENT FUND.
  S 4. Section 1005 of the public authorities law is amended  by  adding
four new subdivisions 19, 20, 21 and 22 to read as follows:
  19.  TO  COOPERATE WITH THE WESTERN NEW YORK POWER PROCEEDS ALLOCATION
BOARD AND PROVIDE THE BOARD WITH SUCH INFORMATION AND ASSISTANCE AS  THE
BOARD REASONABLY REQUESTS.
  20.  AS DEEMED FEASIBLE AND ADVISABLE BY THE TRUSTEES, TO ALLOCATE AND
DEPOSIT "NET EARNINGS" AS DEFINED IN SECTION ONE  HUNDRED  EIGHTY-NINE-A
OF  THE  ECONOMIC  DEVELOPMENT  LAW  INTO  THE WESTERN NEW YORK ECONOMIC
DEVELOPMENT FUND ACCOUNT TO BE ESTABLISHED BY THE NEW YORK  STATE  URBAN
DEVELOPMENT  CORPORATION.  SUCH  EARNINGS  SHALL  BE  DEPOSITED  NO LESS
FREQUENTLY THAN QUARTERLY. THE FIRST PAYMENT INTO THE FUND SHALL BE MADE
NINETY DAYS AFTER THE EFFECTIVE DATE  OF  THIS  SUBDIVISION,  AND  SHALL
INCLUDE  ALL SUCH NET EARNINGS ACCRUED SINCE THE EFFECTIVE DATE OF CHAP-
TER FOUR HUNDRED THIRTY-SIX OF THE LAWS OF TWO THOUSAND TEN.
  21. THE AUTHORITY MAY, IN ITS DISCRETION, CONSULT WITH THE WESTERN NEW
YORK POWER PROCEEDS ALLOCATION BOARD IN THE APPLICATION PROCESS RELATING
TO THE ALLOCATION OF EXPANSION POWER AND REPLACEMENT POWER.
  22. THE AUTHORITY SHALL INCLUDE IN THE ANNUAL REPORT PREPARED PURSUANT
TO SUBDIVISION EIGHTEEN OF THIS SECTION, AN ACCOUNTING FOR  THE  SUBJECT
YEAR  THAT  PROVIDES  (A)  THE AMOUNT OF EXPANSION POWER AND REPLACEMENT
POWER SOLD INTO THE WHOLESALE MARKET BY THE AUTHORITY, AND (B)  THE  NET
EARNINGS,  AS  SUCH TERM IS DEFINED IN SECTION ONE HUNDRED EIGHTY-NINE-A
OF THE ECONOMIC DEVELOPMENT LAW, PAID INTO THE WESTERN NEW YORK ECONOMIC
DEVELOPMENT FUND.
  S 5. Chapter 436 of the laws of 2010 amending the  public  authorities
law  and  the  economic development law, relating to authorizing unallo-
cated expansion or replacement power to be  allocated  for  western  New
York economic development fund benefits is REPEALED.
  S 6. This act shall take effect immediately.

co-Sponsors

2011-S5835A (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Economic Development Law
Laws Affected:: Add Art 6-A §§189-a - 189-d, amd §100, Ec Dev L; amd §1005, Pub Auth L; rpld Chap 436 of 2010

2011-S5835A (ACTIVE) - Summary

Relates to establishing the western New York power proceeds allocation board.

2011-S5835A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5835A

TITLE OF BILL:
An act
to amend the economic development law and
the public authorities law,
in relation to establishing the western New York
power proceeds allocation board; and to repeal chapter 436 of the laws
of 2010 amending the public authorities law and the economic development
law, relating to authorizing unallocated expansion or replacement power
to be allocated for western New York economic development fund benefits

PURPOSE:
To require the Power Authority (NYPA) to fully implement Chapter 436
of the laws of 2010, to clarify certain ambiguities that might exist
in Chapter 436; and to establish a sound basis to go forward with
recommendations for power allocations and for the allocation of the
Net Earnings from the sale of certain hydro-power from the Niagara
Power Project.

SUMMARY OF PROVISIONS:
Section 2 adds a new Article 6-a to the Economic Development law that:

o Creates the Western New York Power Proceeds Allocation Board that
shall have five members, three appointed by the Governor, and one
each by the Temporary President of the Senate and the Speaker of the

Assembly. Each legislative appointment and one appointment from the
Executive must live within a 30 mile radius of the Niagara Power
Project located in Lewiston NY.

o Authorizes the Board to recommend to the Empire State Development
Corporation (ESDC) how certain proceeds from the sale of Niagara
Project Hydro-Electric expansion and replacement power ("Net
Earnings") are to be granted to certain entities for economic
development purposes;

o Defines economic development power for purposes of this act to
include 250 MW of Expansion Power and 445 MW of Replacement Power and
specifies that Replacement Power includes a certain 70 MW of Niagara
Power Project that had formally been made available for other
purposes. This 70 Megawatts shall be made available starting on July
1, 2013.

o Requires the Board consider Regional Economic Development Council
strategies.

o Requires the Board to use the same criteria for proceeds awards, as
it currently utilized for expansion and replacement power allocations.

o Provides that funds can be used for certain purposes ("Eligible
Projects") that must be within 30 miles of the Niagara Power project
including capital investments, hazardous waste remediation,
infrastructure, land acquisition, research and development and
tourism. It also provides that funds may not be used for advertising
or advocacy lobbying, political purposes, debates or discussions of


public issues, legal
fees, or fees related to any administrative proceeding;

o Requires NYPA to provide a full accounting of all power sales, the
funds derived there from and other information;

o Requires NYPA to transfer all Net Earnings to a new fund to be held
by ESDC;

o Directs ESDC to provide staff and other support that may be needed;

o Involves ESDC in a formal role in the allocation of economic
development funds.

o Allows the Power Authority to consult with the Western New York
Power Allocation Board in the application process relating to the
allocation of expansion and replacement power.

o Repeals Chapter 436 of the laws of 2010.

JUSTIFICATION FOR 2011 PROPOSAL:
In order to emphasize the intent of the Legislature, to clarify
certain ambiguities that might exist in the 2010 law, and to
establish a sound basis to go forward with the recommendation for
power allocations and recommendations for the allocation of excess
revenues, it has been decided that a bill should be introduced and
passed in the 2011 session of the Legislature.

This legislation is made necessary because of NYPA's refusal to carry
out the clear intent of Chapter 436 of the Laws of 2010.

This legislation will clarify and codify the process by which
expansion and replacement power allocations are made, and also make
clear that the Western New York Power Proceeds Allocation Board shall
play a key role in the award of monetary allocation derived from the
sale of Expansion and Replacement power into the open market.

Western New York, is among the most economically depressed areas of
our State, and yet those who reside there live within view of the
largest hydroelectric generating facility in the Northeast continue
to struggle.
This proposal will allow money from the proceeds of the sale of
certain power generated at Niagara to create jobs in the local
communities located within 30 miles of the plant. This was the intent
of the legislature in 2010 and this law will ensure that this clear
directive is carried out at long last.

LEGISLATIVE HISTORY:
New bill, but follows passage of Chapter 436 of the Laws of 2010
(A.8712A)

FISCAL IMPLICATIONS:
None to the state. No new fiscal implications to NYPA. This bill does
not alter the fiscal impact imposed upon NYPA by Chapter 436 of the
Laws of 2010. Further, there is no cost impact on ESDC.

EFFECTIVE DATE:


Immediately.

2011-S5835A (ACTIVE) - Bill Text download pdf

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

                                 5835--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 21, 2011
                               ___________

Introduced by Sens. MAZIARZ, GRISANTI -- read twice and ordered printed,
  and  when  printed to be committed to the Committee on Rules -- recom-
  mitted to the Committee on Energy and Telecommunications in accordance
  with Senate Rule 6, sec. 8  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT to amend the economic development law and the public authorities
  law, in relation to establishing the western New York  power  proceeds
  allocation board; and to repeal chapter 436 of the laws of 2010 amend-
  ing  the  public  authorities  law  and  the economic development law,
  relating to authorizing unallocated expansion or replacement power  to
  be allocated for western New York economic development fund benefits

  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 as the  "western  New
York power proceeds allocation act".
  S  2.  The economic development law is amended by adding a new article
6-A to read as follows:
                               ARTICLE 6-A
             WESTERN NEW YORK POWER PROCEEDS ALLOCATION ACT
SECTION 189-A. DEFINITIONS.
        189-B. THE WESTERN NEW YORK POWER PROCEEDS ALLOCATION BOARD.
        189-C. GENERAL POWERS AND DUTIES OF THE BOARD.
        189-D. RULES AND REGULATIONS.
  S 189-A. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE  FOLLOWING
TERMS  SHALL  HAVE  THE FOLLOWING MEANINGS:  1. "AUTHORITY" IS THE POWER
AUTHORITY OF THE STATE OF NEW YORK.
  2. "BOARD" IS THE WESTERN NEW YORK  POWER  PROCEEDS  ALLOCATION  BOARD
CREATED BY THIS ARTICLE.
  3.  "BENEFITS"  OR "FUND BENEFITS" ARE PAYMENTS TO APPLICANTS SELECTED
IN ORDER TO FUND ELIGIBLE PROJECTS WITH MONIES DERIVED FROM NET EARNINGS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13201-03-2

S. 5835--A                          2

THAT HAVE BEEN DEPOSITED INTO THE WESTERN NEW YORK ECONOMIC  DEVELOPMENT
FUND.
  4.  "CORPORATION"  IS THE NEW YORK STATE URBAN DEVELOPMENT CORPORATION
DOING BUSINESS AS THE EMPIRE STATE DEVELOPMENT CORPORATION.
  5. "ELIGIBLE PROJECTS" ARE  ECONOMIC  DEVELOPMENT  PROJECTS  THAT  ARE
LOCATED WITHIN A THIRTY-MILE RADIUS OF THE NIAGARA POWER PROJECT LOCATED
IN  LEWISTON, NEW YORK THAT WILL SUPPORT THE GROWTH OF BUSINESSES IN THE
STATE AND THEREBY LEAD TO THE CREATION OR MAINTENANCE OF  JOBS  AND  TAX
REVENUES  FOR  THE STATE.  ELIGIBLE PROJECTS MAY INCLUDE CAPITAL INVEST-
MENTS IN PLANT AND EQUIPMENT, AND ASSOCIATED BUILDINGS  AND  INFRASTRUC-
TURE  (COLLECTIVELY,  "INFRASTRUCTURE")  OWNED  BY AN APPLICANT FOR FUND
BENEFITS, INCLUDING TRANSPORTATION PROJECTS  UNDER  STATE  OR  FEDERALLY
APPROVED  PLANS;  REMOVAL  OF  HAZARDOUS  OR  CONTAMINATED CONDITIONS AT
INFRASTRUCTURE SITES; THE ACQUISITION OF LAND NEEDED FOR INFRASTRUCTURE;
RESEARCH AND DEVELOPMENT WHERE THE RESULTS OF SUCH RESEARCH AND DEVELOP-
MENT WILL DIRECTLY BENEFIT NEW  YORK  STATE;  SUPPORT  FOR  TOURISM  AND
MARKETING AND ADVERTISING EFFORTS FOR WESTERN NEW YORK STATE TOURISM AND
BUSINESS AND FOR OTHER SIMILAR USES AND ACTIVITIES. ELIGIBLE PROJECTS DO
NOT  INCLUDE,  AND  FUND  BENEFITS  MAY NOT BE USED FOR, PUBLIC INTEREST
ADVERTISING OR ADVOCACY; LOBBYING; THE  SUPPORT  OR  OPPOSITION  OF  ANY
CANDIDATE  FOR  PUBLIC  OFFICE;  THE SUPPORT OR OPPOSITION TO ANY PUBLIC
ISSUE; LEGAL FEES RELATED TO LITIGATION OF ANY KIND; EXPENSES RELATED TO
ADMINISTRATIVE PROCEEDINGS BEFORE STATE OR LOCAL AGENCIES; RETAIL  BUSI-
NESSES  AS  DEFINED  BY THE BOARD, INCLUDING, WITHOUT LIMITATION, SPORTS
VENUES, GAMING AND  GAMBLING  OR  ENTERTAINMENT-RELATED  ESTABLISHMENTS,
RESIDENTIAL  PROPERTIES,  OR  PLACES  OF OVERNIGHT ACCOMMODATION; OR FOR
SIMILAR USES OR ACTIVITIES.
  6. "EXPANSION POWER" IS  THE  TWO  HUNDRED  FIFTY  MEGAWATTS  OF  FIRM
NIAGARA  PROJECT HYDROELECTRIC POWER AND "REPLACEMENT POWER" IS THE FOUR
HUNDRED FORTY-FIVE MEGAWATTS OF FIRM NIAGARA PROJECT HYDROELECTRIC POWER
AS SUCH TERMS ARE DEFINED IN SUBDIVISION THIRTEEN OF SECTION  ONE  THOU-
SAND  FIVE  OF THE PUBLIC AUTHORITIES LAW. FOR PURPOSES OF THIS SECTION,
EXPANSION AND REPLACEMENT POWER INCLUDES THE ENERGY ASSOCIATED WITH SUCH
POWER.   NOTWITHSTANDING ANY LAW, RULE, REGULATION,  OR  POLICY  TO  THE
CONTRARY,  AS  OF  THE FIRST DAY OF JULY, TWO THOUSAND THIRTEEN THE TERM
REPLACEMENT POWER AS USED IN THIS ARTICLE  INCLUDES  A  CERTAIN  SEVENTY
MEGAWATTS  OF  POWER THAT IS REFERRED TO IN SECTION ONE THOUSAND FIVE OF
THE PUBLIC AUTHORITIES LAW.
  7. "NET EARNINGS" IS THE AGGREGATE EXCESS OF REVENUES RECEIVED BY  THE
POWER  AUTHORITY OF THE STATE OF NEW YORK FROM THE SALE OF EXPANSION AND
REPLACEMENT POWER AND ENERGY PRODUCED AT THE NIAGARA  PROJECT  THAT  WAS
SOLD  IN  THE WHOLESALE ENERGY MARKET OVER WHAT REVENUES WOULD HAVE BEEN
RECEIVED HAD SUCH ENERGY BEEN SOLD ON A FIRM BASIS TO AN ELIGIBLE EXPAN-
SION OR REPLACEMENT  POWER  CUSTOMER  UNDER  THE  APPLICABLE  TARIFF  OR
CONTRACT.
  8. "WESTERN NEW YORK ECONOMIC DEVELOPMENT FUND" OR "FUND" IS A FUND OF
THE CORPORATION INTO WHICH ALL NET EARNINGS ARE DEPOSITED BY THE AUTHOR-
ITY AND FROM WHICH ALLOCATIONS OF FUND BENEFITS TO ELIGIBLE PROJECTS MAY
BE MADE.
  S  189-B.  THE  WESTERN  NEW  YORK POWER PROCEEDS ALLOCATION BOARD. 1.
THERE IS HEREBY CREATED THE WESTERN NEW YORK POWER  PROCEEDS  ALLOCATION
BOARD,  WHICH SHALL POSSESS THE POWERS AND DUTIES HEREIN SPECIFIED.  THE
BOARD SHALL CONSIST OF FIVE MEMBERS WHO SHALL BE APPOINTED BY THE GOVER-
NOR AS FOLLOWS:  ONE OF WHOM SHALL BE APPOINTED UPON THE  RECOMMENDATION
OF  THE  TEMPORARY  PRESIDENT  OF THE SENATE AND SHALL RESIDE WITHIN THE
30-MILE RADIUS OF THE NIAGARA POWER PROJECT AND ONE  OF  WHOM  SHALL  BE

S. 5835--A                          3

APPOINTED  UPON  THE  RECOMMENDATION  OF THE SPEAKER OF THE ASSEMBLY AND
SHALL RESIDE WITHIN THE 30-MILE RADIUS OF THE NIAGARA POWER PROJECT.  AT
LEAST  ONE ADDITIONAL MEMBER SHALL ALSO RESIDE WITHIN THE 30-MILE RADIUS
OF THE NIAGARA POWER PROJECT.  THE GOVERNOR SHALL DESIGNATE A CHAIR FROM
AMONGST THE BOARD'S MEMBERS.
  2.  EACH  MEMBER SHALL SERVE A TERM OF FIVE YEARS OR UNTIL A SUCCESSOR
SHALL HAVE BEEN NAMED AND  QUALIFIED.  MEMBERS  MAY  BE  REAPPOINTED  TO
SUCCESSIVE TERMS.
  3.   NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THREE
MEMBERS SHALL CONSTITUTE A QUORUM FOR THE  PURPOSES  OF  ORGANIZING  THE
BOARD  AND  CONDUCTING  THE BUSINESS THEREOF; AND NO ACTION OF THE BOARD
MAY BE TAKEN EXCEPT UPON AN AFFIRMATIVE VOTE OF AT LEAST THREE-FIFTHS OF
THE FULL BOARD MEMBERSHIP AT ANY MEETING AT WHICH AT LEAST THREE MEMBERS
ARE PRESENT OR PARTICIPATING BY  VIDEOCONFERENCING.    VIDEOCONFERENCING
MAY BE USED FOR ATTENDANCE AND PARTICIPATION BY MEMBERS OF THE BOARD. IF
VIDEOCONFERENCING  IS  USED,  THE BOARD SHALL PROVIDE AN OPPORTUNITY FOR
THE PUBLIC TO ATTEND, LISTEN AND OBSERVE AT ANY SITE AT WHICH  A  MEMBER
PARTICIPATES. THE PUBLIC NOTICE FOR THE MEETING SHALL IDENTIFY, IF PRAC-
TICABLE, ALL LOCATIONS WHERE A MEMBER WILL PARTICIPATE IN THE MEETING BY
VIDEOCONFERENCE  AND SHALL STATE THAT THE PUBLIC HAS THE RIGHT TO ATTEND
THE MEETING AT ANY SUCH LOCATION.
  4. MEMBERS OF THE BOARD, EXCEPT THOSE THAT ARE EMPLOYEES  OR  OFFICERS
OF THE STATE, ITS AUTHORITIES OR AGENCIES, SHALL NOT RECEIVE A SALARY OR
OTHER  COMPENSATION,  BUT  SHALL  BE  ALLOWED  THE  NECESSARY AND ACTUAL
EXPENSES INCURRED IN THE PERFORMANCE OF DUTIES UNDER THIS ARTICLE.
  S 189-C. GENERAL POWERS AND DUTIES OF THE  BOARD.  1.  THE  BOARD  MAY
ADOPT RULES AND REGULATIONS RELATING TO THE ACTIVITIES OF THE BOARD.
  2.  THE  BOARD,  OR  A  MEMBER DESIGNATED BY THE BOARD, SHALL PREPARE,
DISTRIBUTE AND RECEIVE ALL APPLICATIONS FROM, OR ON  BEHALF  OF,  APPLI-
CANTS  FOR  FUND  BENEFITS.  APPLICATIONS SHALL BE IN A FORM AND CONTAIN
SUCH INFORMATION, DATA AND EXHIBITS AS THE BOARD, IN  CONSULTATION  WITH
THE AUTHORITY AND THE CORPORATION, MAY PRESCRIBE.
  3.    THE  BOARD MAY REQUEST FROM THE AUTHORITY AND THE CORPORATION AN
ANALYSIS OF ALL SUCH APPLICATIONS ALONG  WITH  ANY  RECOMMENDATIONS.  IN
ADDITION, THE BOARD MAY REQUEST, IN WHICH CASE AND THE AUTHORITY AND THE
CORPORATION  SHALL  SUPPLY, SUCH ADDITIONAL INFORMATION AS IS REASONABLY
NECESSARY FOR THE BOARD TO PERFORM ITS DUTIES.
  4. THE BOARD SHALL ESTABLISH A PROCEDURE FOR THE  REVIEW  OF  APPLICA-
TIONS  FOR  FUND BENEFITS THAT SHALL INCLUDE A REVIEW OF APPLICATIONS NO
LESS FREQUENTLY THAN TWICE EACH YEAR.
  5. IN EVALUATING APPLICATIONS FOR FUND BENEFITS, THE BOARD  SHALL  USE
THE CRITERIA FOR ELIGIBILITY FOR EXPANSION, REPLACEMENT AND PRESERVATION
POWER, AND FOR REVITALIZATION OF INDUSTRY, PROVIDED IN SECTION ONE THOU-
SAND  FIVE  OF  THE PUBLIC AUTHORITIES LAW. IN ADDITION, THE BOARD SHALL
CONSIDER THE EXTENT TO WHICH AN AWARD OF  FUND  BENEFITS  IS  CONSISTENT
WITH  ANY  REGIONAL  ECONOMIC DEVELOPMENT COUNCIL STRATEGIES AND PRIORI-
TIES.
  6. THE BOARD SHALL RECOMMEND TO THE CORPORATION THE ALLOCATION OF FUND
BENEFITS TO ELIGIBLE PROJECTS THAT THE  BOARD  BELIEVES  BEST  MEET  THE
APPLICABLE CRITERIA.
  THE BOARD MAY INCLUDE WITHIN ITS RECOMMENDATIONS SUCH TERMS AND CONDI-
TIONS AS IT DEEMS APPROPRIATE, INCLUDING, BUT NOT LIMITED TO, REASONABLE
PROVISION FOR THE ALLOCATION OF FUND BENEFITS OVER TIME AS THE APPLICANT
ACHIEVES  MILESTONES TOWARDS PROJECT COMPLETION, THE PARTIAL OR COMPLETE
WITHDRAWAL OR RETURN OF FUND BENEFITS WHERE THE RECIPIENT HAS FAILED  TO

S. 5835--A                          4

ACHIEVE  OR  MAINTAIN  MUTUALLY  AGREED  UPON COMMITMENTS, OR SUCH OTHER
TERMS AND CONDITIONS AS THE BOARD DEEMS ADVISABLE.
  7.  A  RECOMMENDATION  BY THE BOARD THAT AN APPLICANT RECEIVE AN ALLO-
CATION OF FUND BENEFITS SHALL BE A PREREQUISITE  TO  AN  AWARD  OF  FUND
BENEFITS  BY THE CORPORATION.  THE CORPORATION SHALL AWARD FUND BENEFITS
TO AN APPLICANT UPON A FAVORABLE RECOMMENDATION OF THE  BOARD,  PROVIDED
HOWEVER  THAT  UPON  A SHOWING OF GOOD CAUSE, THE CORPORATION SHALL HAVE
DISCRETION AS TO WHETHER TO ADOPT  THE  BOARD'S  RECOMMENDATION,  OR  TO
AWARD  BENEFITS  IN A DIFFERENT AMOUNT AND ON DIFFERENT TERMS AND CONDI-
TIONS THAN THOSE CONTAINED IN THE RECOMMENDATION OF THE BOARD.
  8. UPON MAKING AN ALLOCATION OF FUND BENEFITS, THE  CORPORATION  SHALL
INCLUDE  WITHIN  THE  AGREEMENT  PROVIDING  FOR THE TERMS AND CONDITIONS
APPLICABLE TO SUCH ALLOCATION ALL TERMS AND CONDITIONS  THE  CORPORATION
BELIEVES  ARE  APPROPRIATE, TAKING INTO ACCOUNT THE RECOMMENDATIONS MADE
BY THE BOARD.
  S 189-D. RULES AND REGULATIONS. THE CORPORATION IS  HEREBY  AUTHORIZED
TO  PROMULGATE  RULES  AND  REGULATIONS  AS ARE NECESSARY TO FULFILL THE
PURPOSES OF THIS ARTICLE.
  S 3. Section 100 of the economic development law is amended by  adding
three new subdivisions 26-a, 26-b and 26-c to read as follows:
  26-A.  TO  PROVIDE ALL NECESSARY STAFF SERVICES, ACCOUNTING, CLERICAL,
AND SECRETARIAL  ASSISTANCE,  OFFICE  SPACE,  AND  EQUIPMENT  REASONABLY
REQUESTED BY THE WESTERN NEW YORK POWER PROCEEDS ALLOCATION BOARD.
  26-B.  TO  ESTABLISH  APPLICATION,  APPLICATION  REVIEW AND ALLOCATION
PROCESSES FOR NET EARNINGS PROVIDED FOR  UNDER  ARTICLE  SIX-A  OF  THIS
CHAPTER.
  26-C.   TO ESTABLISH A SEPARATE ACCOUNT TO BE KNOWN AS THE WESTERN NEW
YORK ECONOMIC DEVELOPMENT FUND. REASONABLE COSTS  AND  EXPENSES  OF  THE
CORPORATION  RELATED TO MANAGEMENT AND ADMINISTRATION OF THE WESTERN NEW
YORK ECONOMIC DEVELOPMENT FUND MAY BE PAID OUT OF THE WESTERN  NEW  YORK
ECONOMIC DEVELOPMENT FUND.
  S  4.  Section 1005 of the public authorities law is amended by adding
four new subdivisions 19, 20, 21 and 22 to read as follows:
  19. TO COOPERATE WITH THE WESTERN NEW YORK POWER  PROCEEDS  ALLOCATION
BOARD  AND PROVIDE THE BOARD WITH SUCH INFORMATION AND ASSISTANCE AS THE
BOARD REASONABLY REQUESTS.
  20. AS DEEMED FEASIBLE AND ADVISABLE BY THE TRUSTEES, TO ALLOCATE  AND
DEPOSIT  "NET  EARNINGS" AS DEFINED IN SECTION ONE HUNDRED EIGHTY-NINE-A
OF THE ECONOMIC DEVELOPMENT LAW  INTO  THE  WESTERN  NEW  YORK  ECONOMIC
DEVELOPMENT  FUND  ACCOUNT TO BE ESTABLISHED BY THE NEW YORK STATE URBAN
DEVELOPMENT CORPORATION.  SUCH  EARNINGS  SHALL  BE  DEPOSITED  NO  LESS
FREQUENTLY THAN QUARTERLY. THE FIRST PAYMENT INTO THE FUND SHALL BE MADE
NINETY  DAYS  AFTER  THE  EFFECTIVE  DATE OF THIS SUBDIVISION, AND SHALL
INCLUDE ALL SUCH NET EARNINGS ACCRUED SINCE THE EFFECTIVE DATE OF  CHAP-
TER FOUR HUNDRED THIRTY-SIX OF THE LAWS OF TWO THOUSAND TEN.
  21. THE AUTHORITY MAY, IN ITS DISCRETION, CONSULT WITH THE WESTERN NEW
YORK POWER PROCEEDS ALLOCATION BOARD IN THE APPLICATION PROCESS RELATING
TO THE ALLOCATION OF EXPANSION POWER AND REPLACEMENT POWER.
  22. THE AUTHORITY SHALL INCLUDE IN THE ANNUAL REPORT PREPARED PURSUANT
TO  SUBDIVISION  EIGHTEEN OF THIS SECTION, AN ACCOUNTING FOR THE SUBJECT
YEAR THAT PROVIDES (A) THE AMOUNT OF  EXPANSION  POWER  AND  REPLACEMENT
POWER  SOLD  INTO THE WHOLESALE MARKET BY THE AUTHORITY, AND (B) THE NET
EARNINGS, AS SUCH TERM IS DEFINED IN SECTION ONE  HUNDRED  EIGHTY-NINE-A
OF THE ECONOMIC DEVELOPMENT LAW, PAID INTO THE WESTERN NEW YORK ECONOMIC
DEVELOPMENT FUND.

S. 5835--A                          5

  S  5.  Chapter 436 of the laws of 2010 amending the public authorities
law and the economic development law, relating  to  authorizing  unallo-
cated  expansion  or  replacement  power to be allocated for western New
York economic development fund benefits is REPEALED.
  S 6. This act shall take effect immediately.

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George D. Maziarz

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