S T A T E O F N E W Y O R K
________________________________________________________________________
8368
I N S E N A T E
May 3, 2018
___________
Introduced by Sen. GRIFFO -- read twice and ordered printed, and when
printed to be committed to the Committee on Energy and Telecommuni-
cations
AN ACT to amend the economic development law, in relation to recharge
New York power
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph 8 of subdivision (a) of section 188-a of the
economic development law, as added by section 2 of part CC of chapter 60
of the laws of 2011, is amended to read as follows:
(8) "Recharge New York power" shall mean and consist of equal amounts
of (i) four hundred fifty-five megawatts of firm hydroelectric power
from the Niagara and Saint Lawrence hydroelectric projects to be with-
drawn 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");
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 pursu-
ant to any other statute; PROVIDED, FURTHER, HOWEVER THAT IF SUCH
RECHARGE NEW YORK MARKET POWER COMES FROM AUTHORITY SOURCES, THE USE OF
THAT POWER SHALL BE AT LEAST EIGHT PERCENT LESS THAN DEFAULT SERVICE.
§ 2. Paragraph 3 of subdivision (c) of section 188-a of the economic
development law, as added by section 2 of part CC of chapter 60 of the
laws of 2011, is amended to read as follows:
(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, THE RECIPIENT MAY ELECT TO REDUCE THE RECHARGE NEW YORK
MARKET POWER ALLOCATION FIRST, AND PROVIDED FURTHER THAT, under its
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15087-01-8
S. 8368 2
contract with the authority, the recipient shall be afforded a reason-
able 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 subdivi-
sion.
§ 3. Paragraph 7 of subdivision (c) of section 188-a of the economic
development law, as added by section 2 of part CC of chapter 60 of the
laws of 2011, is amended to read as follows:
(7) The board shall not recommend a total of recharge New York power
allocations in excess of nine hundred ten megawatts EXCEPT UPON THE
UNANIMOUS RECOMMENDATION OF THE BOARD.
§ 4. This act shall take effect immediately.