The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5822
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 25, 2021
                                ___________
 
 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 relinquished or withdrawn after the  effective  date  of  chapter  three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.