S T A T E O F N E W Y O R K
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5822
2021-2022 Regular Sessions
I N A S S E M B L Y
February 25, 2021
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Introduced by M. of A. MORINELLO, SAYEGH, DeSTEFANO, B. MILLER, NORRIS,
SALKA, J. M. GIGLIO, TAGUE -- Multi-Sponsored by -- M. of A. DiPIETRO,
MANKTELOW -- read once and referred to the Committee on Energy
AN ACT to amend the public authorities law, in relation to establishing
the power authority of the state of New York shall make low cost
hydropower available to certain hospitals
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The opening paragraph of subdivision 13 of section 1005 of
the public authorities law, as amended by chapter 645 of the laws of
2006, is amended to read as follows:
Notwithstanding any other provision of law to the contrary but subject
to the terms and conditions of federal energy regulatory commission
licenses, to allocate or reallocate directly or by sale for resale, two
hundred fifty megawatts of firm Niagara project hydroelectric power as
"expansion power" and four hundred forty-five megawatts of firm Niagara
project hydroelectric power as "replacement power" to businesses within
the state located within thirty miles of the Niagara project, and four
hundred ninety megawatts of firm and interruptible power from the Saint
Lawrence-FDR project as "preservation power" sold to businesses located
within the counties of Jefferson, Saint Lawrence and Franklin, provided
that the amount of expansion power allocated to businesses in Chautauqua
county on January first, nineteen hundred eighty-seven shall continue to
be allocated in such county and, provided further that up to seventy
megawatts of replacement power, up to thirty-eight and six-tenths mega-
watts of preservation power from the Saint Lawrence-FDR project which is
relinquished or withdrawn after the effective date of chapter three
hundred thirteen of the laws of two thousand five which amended this
subdivision and, for the period ending on December thirty-first, two
thousand six, up to twenty megawatts of other power from the Saint
Lawrence-FDR project which is unallocated as of the effective date of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07767-02-1
A. 5822 2
chapter three hundred thirteen of the laws of two thousand five which
amended this subdivision, shall be allocated by the authority together
with such other funds of the authority as the trustees deem feasible and
advisable for energy cost savings benefits pursuant to the twelfth
undesignated paragraph of this section AND, PROVIDED FURTHER THAT LOW
COST HYDROPOWER BE MADE AVAILABLE TO HOSPITALS AND MUNICIPAL HOUSING
AUTHORITIES THAT ARE LOCATED IN THE COUNTY OF NIAGARA. Provided, howev-
er, that the amount of replacement, preservation power, or the addi-
tional twenty megawatts of Saint Lawrence-FDR power for the period
ending December thirty-first, two thousand six made available for such
purpose, used for energy cost savings benefits that are relinquished by
or withdrawn from a recipient thereof shall be offered by the authority
proportionately for a period of six months for reallocation to appli-
cants who qualify respectively for replacement or preservation power
allocations as provided in this subdivision. [If such power is not allo-
cated within such period it shall be allocated for the purpose of energy
cost savings benefits pursuant to subdivision (h) of section one hundred
eighty-three of the economic development law.] The authority shall nego-
tiate contracts on reasonable terms and conditions to renew or extend
every permanent contract allocation of expansion power in effect on the
effective date of this subdivision and, to the extent consistent with
such contracts, the authority shall negotiate contracts on reasonable
terms and conditions to extend or renew all other allocations or allot-
ments of such power in effect on such date. The authority shall negoti-
ate contracts on reasonable terms and conditions to renew or extend for
a period of at least five years every permanent contract allocation of
replacement power in effect on the effective date of chapter three
hundred thirteen of the laws of two thousand five which added this
sentence and that would expire by its terms on or before the end of the
initial federal energy regulatory commission license for the Niagara
project; provided that, in negotiating the terms and conditions of such
contracts, the authority may consider a business' compliance with all
current contractual obligations, including employment and power usage
commitments. Contracts entered into pursuant to this subdivision shall
contain reasonable provisions providing for the partial or complete
withdrawal of the power in the event the recipient fails to maintain
mutually agreed levels of employment, investment, and power utilization.
Expansion or replacement power relinquished by businesses or withdrawn
by the authority shall be allocated directly or by sale for resale by
the authority to businesses within the state located within thirty miles
of the Niagara project provided, that the amount of power allocated to
businesses in Chautauqua county on January first, nineteen hundred
eighty-seven shall be allocated in such county. Preservation power that
is relinquished by businesses or withdrawn by the authority shall be
allocated directly or by sale for resale by the authority within the
counties of Jefferson, Saint Lawrence and Franklin. Allocations made
pursuant to this paragraph shall be made in accordance with criteria
established by the trustees. Such criteria shall address the expansion
of industry and employment pursuant to paragraph (a) of this subdivision
and the revitalization of existing industry pursuant to paragraph (b) of
this subdivision.
§ 2. This act shall take effect immediately.