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

                                  5952

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 11, 2013
                               ___________

Introduced  by  M.  of  A.  GABRYSZAK  --  read once and referred to the
  Committee on Energy

AN ACT to amend the public service law and the public  authorities  law,
  in relation to certain energy projects

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

  Section 1. The public service law is amended by adding a  new  section
73 to read as follows:
  S  73.  COORDINATION WITH CERTAIN PROVISIONS OF THE PUBLIC AUTHORITIES
LAW. THE DEPARTMENT MAY REQUEST FROM THE POWER AUTHORITY OF THE STATE OF
NEW YORK A SUMMARY OF PROJECTS FOR WHICH IT HAS ISSUED BONDS PURSUANT TO
SUBDIVISION TWELVE OF SECTION ONE THOUSAND TEN OF THE PUBLIC AUTHORITIES
LAW.  THE  SUMMARY  SHALL  INCLUDE  EACH   PROJECT'S   NAME,   LOCATION,
DESCRIPTION,  BOND  AMOUNT, AND DATE OF ISSUANCE. THE POWER AUTHORITY OF
THE STATE OF NEW YORK SHALL REPLY PURSUANT TO PARAGRAPH (F) OF  SUBDIVI-
SION  TWELVE  OF SECTION ONE THOUSAND TEN OF THE PUBLIC AUTHORITIES LAW,
TO SUCH A REQUEST WITHIN THIRTY DAYS OF ITS RECEIPT.
  S 2. Section 1010 of the public authorities law is amended by adding a
new subdivision 12 to read as follows:
  12. (A) FOR THE PURPOSES OF THIS SECTION, THE PROJECTS  SET  FORTH  IN
THIS  SUBDIVISION  SHALL BE DEEMED TO BE PROJECTS THAT ARE AUTHORIZED BY
THIS TITLE.
  (B) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE AUTHORI-
TY IS HEREBY AUTHORIZED FROM TIME TO TIME, AS DEEMED FEASIBLE AND ADVIS-
ABLE BY THE TRUSTEES, TO ISSUE ITS NEGOTIABLE BONDS, UPON SELECTION OF A
PROPOSAL SUBMITTED PURSUANT TO THE PROCEDURES DEVELOPED IN PARAGRAPH (D)
OF THIS SUBDIVISION, IN CONFORMITY WITH  APPLICABLE  PROVISIONS  OF  THE
UNIFORM  COMMERCIAL  CODE  FOR  THE  PURPOSE  OF  FINANCING A REPOWERING
PROJECT, QUALIFIED ENERGY INFRASTRUCTURE INVESTMENT PROJECT,  OR  QUALI-
FIED NEW CONSTRUCTION PROJECT AS SUCH TERMS ARE DEFINED IN THIS SUBDIVI-
SION  AND WHICH ARE THE SUBJECT OF THE AFOREMENTIONED SELECTED PROPOSAL,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05842-04-3
              

A. 5952                             2

INCLUDING THE ACQUISITION OF ANY REAL OR PERSONAL PROPERTY OR FACILITIES
DEEMED NECESSARY BY  THE  AUTHORITY  TO  EFFECTUATE  THE  AFOREMENTIONED
SELECTED PROPOSAL.
  (C) THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (I)  "REPOWERING PROJECT" SHALL MEAN IMPROVEMENTS TO AN EXISTING MAJOR
ELECTRIC GENERATING FACILITY THAT WILL ALLOW THE FACILITY, OR A NEW UNIT
OR UNITS AT THE FACILITY, OR THE COMBINATION OF THE NEW  UNIT  OR  UNITS
AND  THE  FACILITY  TO  MEET  THE  RELEVANT  ENVIRONMENTAL  REQUIREMENTS
CONTAINED IN SUBPARAGRAPHS (I), (II), (III), AND (IV) OF  PARAGRAPH  (B)
OF  SUBDIVISION  FOUR  OF  SECTION  ONE HUNDRED SIXTY-FIVE OF THE PUBLIC
SERVICE LAW.
  (II) "QUALIFIED ENERGY INFRASTRUCTURE INVESTMENT PROJECT"  SHALL  MEAN
ANY  INVESTMENT NEEDED TO DELIVER A NEW FUEL SOURCE TO AN EXISTING MAJOR
ELECTRIC GENERATING FACILITY, REPLACE OR RETROFIT A BURNER  OR  TURBINE,
UTILIZE  ON-SITE  RENEWABLE  ENERGY GENERATION OR, ANY OTHER SUBSTANTIAL
INVESTMENT THAT WILL HAVE A DIRECT IMPACT ON THE FACILITY'S  ABILITY  TO
MEET  THE  ENVIRONMENTAL  REQUIREMENTS  CONTAINED  IN SUBPARAGRAPHS (I),
(II), (III), AND (IV) OF PARAGRAPH (B) OF SUBDIVISION  FOUR  OF  SECTION
ONE HUNDRED SIXTY-FIVE OF THE PUBLIC SERVICE LAW.
  (III) "QUALIFIED NEW CONSTRUCTION PROJECT" SHALL MEAN THE CONSTRUCTION
OF  A  NEW MAJOR ELECTRIC GENERATING FACILITY ON THE SAME PROPERTY AS AN
EXISTING FACILITY OR ON PROPERTY DIRECTLY ADJACENT OR CONTIGUOUS TO SAID
PROPERTY, WHERE THE NEW FACILITY BY ITSELF OR IN  COMBINATION  WITH  THE
EXISTING  FACILITY  WILL  ALLOW THE SITE AS A WHOLE TO MEET THE ENVIRON-
MENTAL REQUIREMENTS CONTAINED IN SUBPARAGRAPHS  (I),  (II),  (III),  AND
(IV)  OF PARAGRAPH (B) OF SUBDIVISION FOUR OF SECTION ONE HUNDRED SIXTY-
FIVE OF THE PUBLIC SERVICE LAW.
  (IV) "MAJOR ELECTRIC GENERATING FACILITY" SHALL MEAN A MAJOR  ELECTRIC
GENERATING  FACILITY  AS  DEFINED  IN  SECTION  ONE HUNDRED SIXTY OF THE
PUBLIC SERVICE LAW.
  (D) THE AUTHORITY IS HEREBY AUTHORIZED AND DIRECTED  TO  EXERCISE  ALL
THE  POWERS  NECESSARY  OR  CONVENIENT  TO  CARRY OUT AND EFFECTUATE THE
PURPOSES AND PROVISIONS OF THIS SUBDIVISION; AND AS  INCIDENTAL  THERETO
AND  CONSISTENT WITH THE PROVISIONS OF PARAGRAPH (E) OF THIS SUBDIVISION
TO DEVELOP AND ISSUE APPLICATION FORMS, TO ESTABLISH ELIGIBILITY  CRITE-
RIA,  TO  ESTABLISH  A  COMPETITIVE  SOLICITATION PROCESS AND EVALUATION
CRITERIA, TO COORDINATE WITH ANY OTHER PUBLIC ENTITY  AS  SUCH  TERM  IS
DEFINED  IN SECTION ONE THOUSAND FIVE OF THIS TITLE, AND GENERALLY TO DO
ANY AND EVERYTHING NECESSARY OR CONVENIENT TO CARRY OUT THE PURPOSES  OF
THIS SUBDIVISION.
  (E)   THE   AUTHORITY  SHALL  CONDUCT  COMPETITIVE  SOLICITATIONS  FOR
PROPOSALS, SUBMITTED BY MAJOR ELECTRIC GENERATING FACILITIES UNDERTAKING
ANY  REPOWERING  PROJECT,  QUALIFIED  ENERGY  INFRASTRUCTURE  INVESTMENT
PROJECT  OR QUALIFIED NEW CONSTRUCTION PROJECT AS SUCH TERMS ARE DEFINED
IN THIS SUBDIVISION, FOR ASSISTANCE FROM NEGOTIABLE BONDS ISSUED BY  THE
AUTHORITY  PURSUANT  TO THE PROVISIONS OF THIS SUBDIVISION. SUCH COMPET-
ITIVE SOLICITATIONS SHALL BE DESIGNED IN A MANNER AND FORM TO BE  DETER-
MINED  BY  THE AUTHORITY IN CONSULTATION WITH THE DEPARTMENT OF TAXATION
AND FINANCE, THE COMPTROLLER, AND THE  PRESIDENT  OF  THE  EMPIRE  STATE
DEVELOPMENT CORPORATION.  A SCHEDULE FOR SUCH COMPETITIVE SOLICITATIONS,
AWARD  SELECTION,  AND DISTRIBUTION OF FUNDS SHALL BE ESTABLISHED BY THE
AUTHORITY IN CONSULTATION WITH THE DEPARTMENT OF TAXATION  AND  FINANCE,
THE  COMPTROLLER,  AND  THE  PRESIDENT  OF  THE EMPIRE STATE DEVELOPMENT
CORPORATION.   THE AUTHORITY SHALL RANK THE  PROPOSALS  IT  RECEIVES  IN
RESPONSE  TO  COMPETITIVE  SOLICITATIONS  AND  CHOOSE THE HIGHEST RANKED

A. 5952                             3

PROPOSALS MEASURED ON THE FOLLOWING CRITERIA TO  BE  CONSIDERED  IN  THE
AGGREGATE:
  (I)  THE  AMOUNT  OF  ASSISTANCE  REQUESTED IN PROPORTION TO THE TOTAL
QUANTITY  OF  MEGAWATTS  OF  NEW  GENERATION  CAPACITY  THAT   WILL   BE
CONSTRUCTED;
  (II)  THE  EXTENT TO WHICH AN AWARD WILL RESULT IN NEW CAPITAL INVEST-
MENT IN THE STATE BY THE APPLICANT;
  (III) THE TYPE AND COST OF FACILITIES AND EQUIPMENT TO BE CONSTRUCTED,
ENLARGED OR INSTALLED IF THE APPLICANT WERE TO RECEIVE AN AWARD;
  (IV) THE APPLICANT'S PAYROLL, SALARIES, BENEFITS AND NUMBER OF JOBS AT
THE FACILITY FOR WHICH AN AWARD IS REQUESTED;
  (V) THE NUMBER OF JOBS THAT WILL BE CREATED OR RETAINED AS  APPLICABLE
WITHIN  THE  STATE  IN RELATION TO THE REQUESTED AWARD AND THE EXTENT TO
WHICH THE APPLICANT WILL AGREE TO COMMIT TO  CREATING  OR  RETAINING  AS
APPLICABLE SUCH JOBS AS A CONDITION TO RECEIVING AN AWARD;
  (VI) WHETHER THE APPLICANT IS AT RISK OF CLOSING OR CURTAILING FACILI-
TIES 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 AN AWARD;
  (VII) THE SIGNIFICANCE OF THE APPLICANT'S FACILITY TO THE  ECONOMY  OF
THE AREA IN WHICH SUCH FACILITY IS LOCATED; AND
  (VIII) THE EXTENT TO WHICH AN AWARD WILL RESULT IN AN ADVANTAGE FOR AN
APPLICANT IN RELATION TO THE APPLICANT'S COMPETITORS WITHIN THE STATE.
  (F)  THE AUTHORITY SHALL REPLY TO REQUESTS ISSUED TO IT BY THE DEPART-
MENT OF PUBLIC SERVICE, PURSUANT TO SECTION SEVENTY-THREE OF THE  PUBLIC
SERVICE LAW, WITHIN THIRTY DAYS OF RECEIPT OF ANY SUCH REQUEST.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.