S T A T E O F N E W Y O R K
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5952
2013-2014 Regular Sessions
I N A S S E M B L Y
March 11, 2013
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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.