S T A T E O F N E W Y O R K
________________________________________________________________________
5016
2013-2014 Regular Sessions
I N A S S E M B L Y
February 14, 2013
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Introduced by M. of A. GOODELL -- read once and referred to the Commit-
tee on Corporations, Authorities and Commissions
AN ACT to require the power authority of the state of New York to
conduct an analysis of the economic viability of certain electric
generating facilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Within 90 days of the effective date of this act, the power
authority of the state of New York shall conduct an analysis of the
current economic viability of load producing electric generating facili-
ties in the counties of Chautauqua, Tompkins and Niagara, and as deemed
feasible and advisable by the trustees of such authority, taking full
consideration of the requirements and viability of the entire power
generating system needs of the state of New York with special consider-
ation of the ratepayers and taxpayers in Western New York, recommend
entering into a purchase power agreement with the owners and operators
of such facilities. Such power purchase agreements shall be effective
upon the conclusion of such 90 day period and be designed to maintain
said facilities power production capacities at a rate sufficient to
ensure at least three years worth of no less than a level of operating
income necessary to allow said facilities to remain open and functioning
reliably and safely and fully staffed at at least ninety percent of
current employment levels, payrolls and local community benefits.
S 2. Notwithstanding any limitations or conditions contained in para-
graph 8 of subdivision (a) and paragraph 7 of subdivision (c) of section
188-a of the economic development law, any power purchased by the power
authority of the state of New York pursuant to section one of this act
shall be considered Recharge New York power, and shall be utilized to
augment Recharge New York power allocations for eligible businesses as
defined in paragraph 5 or 7 of subdivision (a) of section 188-a of the
economic development law that are recommended for a Recharge New York
power allocation pursuant to part CC of chapter 60 of the laws of 2011.
S 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07109-01-3