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SECTION 1005
Powers and duties of authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 1
§ 1005. Powers and duties of authority. Forthwith upon the appointment
and organization of the trustees and subject to the conditions and
limitations in this title contained, the authority, in cooperation with
the proper Canadian authorities and those of the United States as
hereinafter directed, shall proceed with the improvement and development
of the Niagara river and the international rapids section of the Saint
Lawrence river (which is defined as that part of the said river from
Ogdensburg to the point where it leaves the territory of this state) for
the aid and benefit of commerce and navigation and for the development
of the hydroelectric power inherent therein in accordance with the
provisions of this title.

The authority is authorized to procure through a competitive
solicitation process power and energy from the competitive market and to
construct, improve and/or rehabilitate throughout its area of service
(a) such hydroelectric or energy storage projects, as it deems necessary
or desirable to contribute to the adequacy, economy and reliability of
the supply of electric power and energy or to conserve fuel and (b) such
base-load nuclear generating facilities or other facilities utilizing
new energy technologies as in its judgment are necessary (i) to supply
sufficient supplemental energy to make possible optimum use of the
generating capacity of the authority's Saint Lawrence and Niagara
hydroelectric projects, (ii) to supply low cost power and energy to high
load factor manufacturers which will build new facilities in the
authority's area of service or expand existing facilities provided such
power and energy is made available to them, and (iii) to supply the
future needs of the authority's existing municipal electric and rural
electric cooperative customers.

The authority is further authorized to construct and/or acquire and
complete such base load generating, transmission and related facilities
as it deems necessary or desirable to assist in maintaining an adequate
and dependable supply of electricity by supplying power and energy for
the metropolitan transportation authority, its subsidiary corporations,
the New York city transit authority, the port authority of New York and
New Jersey, the city of New York, the state of New York, the United
States, other public corporations and electric corporations within the
metropolitan area of the city of New York within the state of New York;
provided, however, that (i) the acquisition of completed or partially
completed facilities shall be after public hearing and shall be limited
to facilities located in New York city or Westchester county and the
energy and power generated by such facilities shall be used, to the
extent feasible, for the benefit of electric consumers in that area,
(ii) not more than one such generating facility shall be acquired in
each of New York city and Westchester county, (iii) the price to be paid
pursuant to any agreement entered into with respect to the purchase,
appropriation or condemnation of any such completed or partially
completed facility, as the case may be, shall be subject to the approval
of the state comptroller and (iv) transmission facilities shall not be
so acquired pursuant to this paragraph unless such acquisition is
necessary to assure delivery of power and energy produced by any
acquired generating facility. The authority is further authorized, to
the extent it deems it necessary or desirable, to provide power and
energy, as it may determine it to be available, for the use by the
Niagara frontier transportation authority or its subsidiary corporation.
The authority is authorized to make energy efficiency services, clean
energy technologies and, in the event that supplies of power and energy
are determined to be available from the competitive market for this
purpose, power and energy, available to public and nonpublic elementary
and secondary schools throughout the state.

A high load factor manufacturer is one which normally utilizes a
minimum electric demand of five thousand kilowatts and which will
normally utilize energy at the rate of approximately five hundred forty
kilowatt hours per month for each kilowatt of demand and of which the
cost of electricity normally represents at least seven and one-half
percent of its total product value.

The authority shall publish notice of any proposed allocation of firm
power and associated energy except such allocations as are subject to
the provisions of section one thousand nine of this chapter, at least
thirty days prior to the delivery of any energy pursuant thereto, which
notice shall, in the case of industrial allocations, document actions by
the authority pertaining thereto including solicitation for competing
proposals. In addition, such notice shall be transmitted to the
temporary president of the senate, the speaker of the assembly, and the
respective fiscal committees of the legislature.

Notwithstanding any inconsistent provision of law, the authority is
authorized to enter into contracts prior to July first, nineteen hundred
eighty-five to allocate a total of not more than thirty-six megawatts of
power and associated energy, available for allocation as a result of
voluntary relinquishment by high load factor manufacturers, of such
power and associated energy from base load nuclear generating facilities
of the authority, to furnish electricity to no more than three customers
which: (a) are located in the southeastern portion of the state; (b)
will build new facilities and/or expand existing facilities; (c) will
expand employment and investment in the state; and (d) will normally
utilize a minimum peak electrical demand of one thousand kilowatts.

The authority is further authorized to construct such generating,
transmission and related facilities within the service area of the Long
Island power authority, as the authority, in consultation with and upon
such terms and conditions as the Long Island power authority, deems
necessary or desirable.

Periodically, but no less often than annually, the authority is
authorized and directed to identify the net revenues produced by the
sale of expansion power and further to identify an amount of the net
revenues from the sale of expansion power which amount shall be used
solely for industrial incentive awards. Notwithstanding other lawful
purposes for which such revenues may be used, it shall be the preferred
purpose of the authority to make available all such net revenues for
industrial incentive awards. Provided, however, that industrial
incentive awards shall be made only in conformance with an economic
development plan covering all such net revenues which is submitted no
less often than annually by the authority and approved pursuant to
section one hundred eighty-eight of the commerce law. For purposes of
this paragraph, the term net revenues shall mean any excess of revenues
properly allocated to the sales of expansion power over costs and
expenses properly allocated to such sales.

Notwithstanding any inconsistent provision of this title, the
authority shall make available all economic development power for
allocation to or for businesses whose allocation of such power is
recommended by the New York state economic development power allocation
board pursuant to section one hundred eighty-seven of the commerce law.
If the authority declines to make power available to or for a business
whose allocation has been so recommended, the authority shall decline
within the period specified by the board in its recommendation and shall
issue in writing a statement of reasons for such denial.

a. Economic development power shall mean any power generated at the
Fitzpatrick nuclear project that is voluntarily relinquished by
businesses.

b. The authority shall report quarterly to the New York state economic
development power allocation board on the anticipated availability of
economic development power for the subsequent twelve-month period.

c. When the authority determines that economic development power is
available, the authority shall notify the New York state economic
development power allocation board.

d. The authority shall provide for the sale of power from the
Fitzpatrick nuclear project to its industrial, business, and economic
development power customers at a uniform non-discriminatory rate.

The authority is further authorized, as deemed feasible and advisable
by the trustees, to acquire, maintain, manage, operate, improve and
reconstruct as a project or projects of the authority one or both of the
steam generation facilities owned by the state known as the Sheridan
avenue steam generating plant on Sheridan avenue in the city of Albany
and used to supply steam to state facilities, together with any
properties, buildings and equipment at the sites thereof or ancillary
thereto, for the generation and sale of thermal energy and the
cogeneration and sale of electricity for use by facilities of the state
within the county of Albany. All the authority's costs, including its
acquisition, capital, operating and maintenance costs, shall be
recovered fully from the customers receiving service from such project
or projects. Thermal energy and electricity not required by the state
may be sold by the authority to others. The authority is not authorized
to use refuse or refuse-derived fuel in operating the project or
projects. Any agreement for such acquisition shall insure that the
authority is not liable or otherwise responsible for circumstances
arising from the prior operation of such facilities. The acquisition and
purchase of such land, buildings and equipment by the authority, and any
actions taken to effect such acquisition and purchase, are hereby exempt
from the provisions of article eight of the environmental conservation
law. The application of such exemption shall be strictly limited to the
acquisition and purchase of such land, buildings and equipment by the
authority and such agreements with the state. Nothing herein shall
exempt the authority from otherwise applicable laws respecting the
expansion, conversion, operation and maintenance of such land, buildings
and equipment.

The authority is authorized and directed:

1. To cooperate with the appropriate agencies and officials of the
United States government to the end that any hydroelectric project on
the Niagara or Saint Lawrence rivers undertaken under this title shall
be consistent with and in aid of any plans of the United States for the
improvement of commerce and navigation along such rivers and shall be so
planned and constructed as to be adaptable to the plans of the United
States therefor, so that the necessary channels, locks, canals, and
other navigational facilities may be constructed and installed by the
United States, in, through, and as part of such project.

2. To negotiate with the appropriate Canadian authorities and agencies
respecting the improvement and development of the Niagara river, and
international rapids section of the Saint Lawrence river for the aid and
benefit of commerce and navigation and the development of hydro-electric
power therefrom, and to plan and agree with them upon cooperative action
to that end including any shifting of international boundary lines
between Canada and the United States and upon the use, control and
disposition of the facilties to be created and the hydro-electric power
to be developed by any project constructed in such rivers. Such
negotiations and agreements shall be conducted and concluded with due
regard to the position of the United States in respect to international
agreements, and any such agreements as may be reached with Canadian
authorities or agencies may be submitted by the authority to congress
for its approval, if it be advised that such approval is necessary or
desirable.

3. To apply to the appropriate agencies and officials of the United
States government and/or of Canada or its provinces, including the
federal power commission, the atomic energy commission, and the
international joint commission, for such licenses, permits or approval
of its plans or projects as it may deem necessary or advisable, and in
its discretion, and upon such terms and conditions as it may deem
appropriate, to accept such licenses, permits or approvals as may be
tendered to it by such agencies or officials and such federal or other
public or governmental assistance as is now or may hereafter become
available to it; and to enter into contracts with such agencies or
officials or utility companies relating to the construction or operation
of any project authorized by this title. Neither the authority nor any
trustee, officer or agent thereof shall have any power to waive or
surrender for any purpose whatsoever any right of the state of New York,
whether sovereign or proprietary in character, in and to the Niagara and
Saint Lawrence rivers, their waters, power, channels, beds, or uses, or
the right of the state to assert such rights at any future time;
provided, however, that nothing herein contained shall be construed as
limiting the power of the authority to accept licenses issued by the
federal power commission pursuant to the provisions of the federal power
act, as amended, or by the atomic energy commission pursuant to the
provisions of the atomic energy act of 1954, as amended, and the terms
and conditions therein imposed pursuant to law. If for any reason the
authority shall fail to secure any such license, permit or approval as
it may deem necessary or advisable, or shall decide not to make
application therefor, it is authorized to institute suit, or to apply to
congress for legislation, or take such other action in the premises as
it may deem necessary or advisable, in the furtherance of the project
and for the protection of its rights and those of the state.

4. To study the desirability and means of attracting industry to the
state of New York.

5. To develop, maintain, manage and operate those parts of the Niagara
and Saint Lawrence hydroelectric projects owned or controlled by it in
such manner as to give effect to the policy hereby declared (and all
plans and acts, and all contracts for the use, sale, transmission and
distribution of the power generated by such projects, shall be made in
the light of, consistent with and subject to this policy), namely, that
such projects shall be in all respects for the aid, improvement, and
benefit of commerce and navigation in, through, along and past the
Niagara river, the Saint Lawrence river and the international rapids
section thereof, and that in the development of hydro-electric power
therefrom such projects shall be considered primarily as for the benefit
of the people of the state as a whole. In furtherance of this policy and
to secure a wider distribution of such power and use of the greatest
value to the general public of the state, the authority shall in
addition to other methods which it may find advantageous make provision
so that municipalities and other political sub-divisions of the state
now or hereafter authorized by law to engage in the distribution of
electric power may secure a reasonable share of the power generated by
such projects, and shall sell the same or cause the same to be sold to
such municipalities and political subdivisions at prices representing
cost of generation, plus capital and operating charges, plus a fair cost
of transmission, all as determined by the trustees, and subject to
conditions which shall assure the resale of such power at the lowest
possible price, provided, however, that in disposing of hydro-electric
power pursuant to and in furtherance of the aforementioned policy and
purposes, appropriate provision may also be made to allocate a
reasonable share of project power to agencies created or designated by
other states and authorized to resell the power to users under the same
terms and conditions as power is disposed of in New York state. To that
end, the authority may provide in any contract or contracts which it may
make for the sale, transmission and distribution of the power that the
purchaser, transmitter or distributor shall construct, maintain and
operate, on such terms as the authority may deem proper, such connecting
lines as may be necessary for transmission of the power from main
transmission lines to such municipalities or political subdivisions.

Contracts for the sale, transmission and distribution of power
generated by such projects shall provide for the effectuation of the
foregoing policy and shall provide:

a. Payment of all operating and maintenance expenses of the project.

b. Interest on and amortization and reserve charges sufficient within
fifty years of the date of issuance to retire the bonds of the power
authority issued for the project.

c. Continuous control and operation of the project by the authority.

d. The effectuation of the policy declared in this sub-paragraph.

e. Full and complete disclosure to the authority of all factors of
cost in the transmission and distribution of power, so that rates to
consumers may be fixed initially in the contract and may be adjusted
from time to time on the basis of true cost data, provided that in
fixing such cost of transmission and distribution no account shall be
given to any franchise value, going value or good-will based upon the
existence of the contract and the availability of the power for sale by
the transmitting or distributing company or any company associated
therewith.

f. Periodic revisions of the service and rates to consumers on the
basis of accurate cost data obtained by such accounting methods and
systems as shall be approved by the trustees and in furtherance and
effectuation of the policy declared in this sub-paragraph.

g. That the rates, services and practices of the purchasing,
transmitting and/or distributing public agencies or companies in respect
to the power generated by such projects shall be governed by the
provisions and principles established in the contract, and not by
regulations of the public service commission or by general principles of
public service law regulating rates, services and practices and that in
the event any such public agencies or companies which purchase power
from the authority shall sell any such power for resale, such sale for
resale shall be made at rates no higher than those at which the power
was purchased from the authority.

h. The rate structures agreed upon in such contract may provide
different rates for different localities, classes of consumers, and
amounts of current consumed, and for changes in the rates resulting from
variation in operating costs and fixed charges.

i. For the cancellation and termination of any such contract upon
violation of the terms thereof by the purchasing, transmitting or
distributing public agency or company, or any subsidiary or associate
thereof.

j. For such security for performance as the authority may deem
practicable and advisable, including provisions assuring the continuance
of service by the purchasing, transmitting and/or distributing public
agencies or companies and/or the use of their facilities for such
service and/or the continuance of an outlet and adequate market for the
power generated by such projects.

k. Such other terms not inconsistent with the provisions and policy of
this title as the authority may deem advisable.

6. To develop, maintain, manage and operate its projects other than
the Niagara and Saint Lawrence hydroelectric projects so as (i) to
provide an adequate supply of energy for optimum utilization of its
hydroelectric projects, (ii) to attract and expand high load factor
industry, (iii) to provide for the additional needs of its municipal
electric and rural electric cooperative customers, (iv) to provide a
supply of power and energy for use in the recharge New York power
program as recharge New York market power, and (v) to assist in
maintaining an adequate, dependable electric power supply for the state.

Contracts for the sale, transmission and distribution of power and
energy generated by such projects shall provide for the effectuation of
the policy set forth in this title relating to such projects and shall
provide:

a. Payment of all operating and maintenance expenses of the projects.

b. Interest on and amortization and reserve charges sufficient within
fifty years of the date of issuance to retire the bonds of the authority
issued for the projects.

c. For the cancellation and termination of any such contract upon
violation of the terms thereof by the purchasing, transmitting or
distributing public agency or company, or any subsidiary thereof.

d. That the rates, services and practices of the purchasing,
transmitting and/or distributing public agencies and rural electric
cooperatives in respect to the power and energy from such projects shall
be governed by the provisions and principles established in the
contract, and not by regulations of the public service commission or by
general principles of public service law regulating rates, services and
practices and that in the event any such public agencies or cooperatives
which purchase power from the authority shall sell any such power for
resale, such sale for resale shall be made at rates no higher than those
at which the power was purchased from the authority.

e. In the case of a contract with an electric corporation entered into
on or after May first, nineteen hundred seventy-four (i) for assurances
by the electric corporation of prompt and timely payment of all bills
rendered by the authority and that failure to make such prompt and
timely payment shall be grounds for immediate termination of the
contract, and (ii) that in the event the contract is so terminated, the
electric company will wheel to such purchasers as the authority may
direct the power and energy that would have been sold to the electric
company had the contract not been terminated.

f. Such other terms not inconsistent with the provisions and policy of
this title as the authority may deem advisable.

7. To proceed with the physical construction or completion of any
project authorized by this title, including the erection of the
necessary dams, power houses and other facilities, instrumentalities and
things necessary or convenient to that end, and including also the
erection of such transmission lines as may be necessary to conduct
electricity to users located at or near the site; and including also the
acquisition, by contract only with the owners thereof, of transmission
lines or the use of such transmission lines, available or which may be
made available, to conduct electricity to such point or points at which
the electricity is sold by the authority to any person, corporation or
association, public or private, engaged in the business of distribution
and sale of electricity to ultimate consumers or if the authority is
unable to so acquire by contract the ownership or use of such
transmission lines, including also the erection by the authority of
transmission lines necessary for such purposes; and thereafter to
maintain and operate the project in accordance with the provisions and
policy of this title. The authority is specifically authorized to
undertake the construction of any project in one or more steps as it may
find economically desirable or advantageous, and as it may agree with
the appropriate Canadian and/or United States authorities. Whenever in
this title reference is made to "project", it shall be understood to
refer to such part of any project authorized by this title as may from
time to time be in existence or immediately projected.

8. To cooperate with and, when the trustees deem it feasible and
advisable, to enter into contractual arrangements with utility
companies;

a. With respect to construction and operation of pumped storage
facilities by the authority and supply of all or part of the necessary
pumping energy by the utilities and their purchase of all or part of the
output.

b. With respect to construction, completion, acquisition, ownership
and/or operation of baseload generating facilities, fuel, docks,
sidings, loading or unloading equipment, storage facilities and other
subsidiary facilities and disposition of the output of such generating
facilities.

c. With respect to construction, acquisition, ownership, operation
and/or use of transmission facilities.

9. To cooperate with and, when the trustees deem it feasible and
advisable, to enter into contractual arrangements with municipal
corporations with respect to construction, improvement, rehabilitation,
ownership and/or operation of hydroelectric generating facilities and
subsidiary facilities and disposition of the output of such generating
facilities.

9-a. As deemed feasible and advisable by the trustees, to design,
finance, develop, construct, install, lease, operate and maintain
electric vehicle charging stations throughout the state for use by the
public. The authority shall annually post on their website a report on
those activities undertaken pursuant to this subdivision, including but
not limited to: the total number of electric vehicle charging stations
in operation pursuant to such authorization, the locations of such
charging stations, and the total costs to the authority associated with
such activities.

10. To cooperate with and, when the trustees deem it feasible and
advisable, to enter into contractual arrangements with New York state
energy research and development authority in connection with the
planning, siting, development, construction, operation and maintenance
of generating facilities of the authority utilizing new energy
technologies to the extent such action is consistent with the purposes
and powers granted by law to New York state energy research and
development authority.

10-a. a. To cooperate with and, when the trustees deem it feasible and
advisable, enter into contracts with an owner or operator of a "class A"
multiple dwelling, as defined in subdivision eight of section four of
the multiple dwelling law, to administer and finance programs for the
development, design, installation and provision of financial assistance
with respect to the replacement of refrigerators with more energy
efficient refrigerators; provided that no costs associated with such
financial assistance shall be charged to the authority's customers.
Financial assistance shall be repaid to the authority, over a period not
to exceed ten years, based on projected savings in energy costs and
related costs which accrue to the owner as a result of installing such
measures and consistent with paragraph b of this subdivision.

b. If the owner of such multiple dwelling is a customer of the
authority or of an electric corporation, as defined in subdivision
thirteen of section two of the public service law, and if the
refrigerator is provided by the owner, and if charges for electricity
are included within the rent that the tenant pays to occupy such
dwelling, the owner of such dwelling shall repay the authority for such
financial assistance based on projected savings in energy costs that are
estimated to accrue to the owner as a result of such replacement. As a
condition of participating in the program established by this
subdivision, such owner shall agree to be precluded from charging any
additional fee or collecting any rent increase to such tenant as a
result of such replacement.

11. To exercise all the powers necessary or convenient to carry out
and effectuate the purposes and provisions of this title; and as
incidental thereto to own, lease, build, operate, maintain and dispose
of real and personal property of every kind and character, to acquire
real property and any or every interest therein for its lawful purposes
by purchase, or by condemnation as hereinafter provided, to borrow money
and secure the same by bonds or liens upon revenue from any property or
contracts held or to be held by it, to sell water or electric power, and
generally to do any and every thing necessary or convenient to carry out
the purposes of this title, provided that the authority shall have no
power at any time to pledge the credit of the state nor shall any of its
obligations or securities be deemed to be obligations of the state nor
shall the authority have the power to lease or sell any dam, or power
house at the site.

12. Notwithstanding any limitations hereinbefore expressed, the
authority is authorized and directed forthwith or from time to time as
it shall deem advisable and within the limitations of the appropriations
made available for it to initiate and prosecute all inquiries,
investigations, surveys and studies which it may deem necessary or
desirable as preliminary to the effectuation of the other powers and
duties conferred upon it by this title.

13. 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 megawatts 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 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.
Provided, however, that the amount of replacement, preservation power,
or the additional 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 applicants who qualify respectively for replacement or
preservation power allocations as provided in this subdivision. If such
power is not allocated 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 negotiate 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 allotments of such power in effect on such date.
The authority shall negotiate 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.

(a) Criteria for eligibility for expansion, replacement and
preservation power. Each application for an allocation for expansion,
replacement or preservation power shall be evaluated by the trustees
under criteria which shall include but need not be limited to:

(1) the number of jobs created as a result of a power allocation;

(2) the business' long term commitment to the region as evidenced by
the current and/or planned capital investment in business' facilities in
the region;

(3) the ratio of the number of jobs to be created to the amount of
power requested;

(4) the types of jobs created, as measured by wage and benefit levels,
security and stability of employment;

(5) the amount of capital investment, including the type and cost of
buildings, equipment and facilities to be constructed, enlarged or
installed;

(6) the extent to which a power allocation will affect the overall
productivity or competitiveness of the business and its existing
employment;

(7) the extent to which an allocation of power may result in a
competitive disadvantage for other business in the state;

(8) the growth potential of the business facility and the contribution
of economic strength to the area in which the business facility is or
would be located;

(9) the extent of the business' willingness to make jobs available to
persons defined as eligible for services under the federal job training
partnership act of nineteen hundred eighty-two and the extent of the
business' willingness to satisfy affirmative action goals;

(10) the extent to which an allocation of power is consistent with
state, regional and local economic development strategies and priorities
and supported by local units of government in the area in which the
business is located; and

(11) the impact of the allocation on the operation of any other
facilities of the business, on other businesses within the region, and
upon other electric ratepayers.

(b) Revitalization. In addition to the criteria provided in paragraph
(a) of this subdivision the trustees shall establish special criteria
for the evaluation of applications for power allocated for the
revitalization of industry. Such criteria shall include, but need not be
limited to:

(1) that the business is likely to close, partially close or relocate
resulting in the loss of a substantial number of jobs;

(2) that the business is an important employer in the community and
efforts to revitalize the business are in long-term interests of both
employers and the community;

(3) that a reasonable prospect exists that the proposed allocation of
power will enable the business to remain competitive and become
profitable and preserve jobs for a substantial period of time;

(4) that the applicant demonstrates cooperation with the local
electricity distributor and other available sources of assistance to
reduce energy costs to the maximum extent practicable, through
conservation and load management; and

(5) that the allocation will not unduly affect the cost of electric
service to customers of the local electricity distributor.

13-a. Recharge New York power program. (a) Notwithstanding any other
provision of law to the contrary, but subject to the terms and
conditions of federal energy regulatory commission licenses, to
allocate, reallocate or extend, directly or by sale for resale, up to
nine hundred ten megawatts of recharge New York power to eligible
applicants located within the state of New York upon the recommendation
of the New York state economic development power allocation board
pursuant to section one hundred eighty-eight-a of the economic
development law.

(b) Recharge New York power shall mean and consist of equal amounts of
(1) four hundred fifty-five megawatts of firm hydroelectric power from
the Niagara and Saint Lawrence hydroelectric projects to be withdrawn,
as of the earliest date such power may be withdrawn consistent with
contractual requirements, from utility corporations that, prior to the
effective date of this subdivision, purchased such power for the benefit
of their domestic and rural consumers ("recharge New York hydropower"),
and (2) power procured by the authority through market sources, a
competitive procurement process, or authority sources (other than the
Niagara and Saint Lawrence projects) (collectively or individually,
"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 pursuant to any other statute.

(c) Notwithstanding section one thousand nine of this title or any
other provision of law to the contrary, the authority is authorized,
beginning July first, two thousand twelve, to make available, contract
with and sell to such eligible applicants as are recommended by the
economic development power allocation board up to nine hundred ten
megawatts of recharge New York power for recharge New York power
allocations. A recharge New York power allocation shall consist of equal
parts of recharge New York hydropower and recharge New York market power
as such terms are defined in paragraph (b) of this subdivision;
provided, however, that prior to entering into a contract with an
eligible applicant for the sale of recharge New York power, and prior to
the provision of electric service relating to the recharge New York
power allocation, the authority shall offer each eligible applicant the
option to decline to purchase the recharge New York market power
component of such allocation. If an eligible applicant declines to
purchase such market power from the authority, the authority shall have
no responsibility for supplying such market power to the eligible
applicant.

13-b. Residential consumer discount programs. (a) Residential consumer
electricity cost discount. Notwithstanding any provision of this title
or article six of the economic development law to the contrary, the
authority is authorized, as deemed feasible and advisable by the
trustees, to use revenues from the sale of hydroelectric power, and such
other funds of the authority as deemed feasible and advisable by the
trustees, to fund monthly payments to be made for the benefit of such
classes of electricity consumers as enjoyed the benefits of authority
hydroelectric power withdrawn pursuant to subdivision thirteen-a of this
section, for the purpose of mitigating price impacts associated with the
reallocation of such power in the manner described in this subdivision.
Such monthly payments shall commence after such hydroelectric power is
withdrawn. The total annual amount of monthly payments for each of the
three twelve month periods following withdrawal of such hyrdoelectric
power shall be one hundred million dollars. The total annual amount of
monthly payments for each of the two subsequent twelve month periods
shall be seventy million dollars and fifty million dollars,
respectively. Thereafter, the total annual amount of monthly payments
for each twelve month period shall be thirty million dollars. The total
amount of monthly payments shall be apportioned by the authority among
the utility corporations that, prior to the effective date of this
subdivision, purchased such hydroelectric power for the benefit of their
domestic and rural consumers according to the relative amounts of such
power purchased by such corporations. The monthly payments shall be
credited to the electricity bills of such corporations' domestic and
rural consumers in a manner to be determined by the public service
commission of the state of New York. The monthly credit provided by any
such corporation to any one consumer shall not exceed the total monthly
electric utility cost incurred by such consumer.

(b) Agricultural consumer electricity cost discount. (1) Beginning
with the second twelve month period after such hydroelectric power is
withdrawn, up to eight million dollars of the residential consumer
electricity cost discount established by paragraph (a) of this
subdivision shall be dedicated for monthly payments to agricultural
producers who receive electric service at the residential rate. The
total amount of monthly payments shall be apportioned by the authority
among the utility corporations in the same manner as they are
apportioned in paragraph (a) of this subdivision. Monthly payments shall
be credited to the electricity bills of such corporations' agricultural
consumers in a manner to be determined by the public service commission
of the state of New York. The combined monthly credit, under this
paragraph and paragraph (a) of this subdivision, provided by any such
corporation to any one consumer shall not exceed the total monthly
electric utility cost incurred by such consumer.

(2) The authority shall work cooperatively with the department of
public service to evaluate the agricultural consumer electricity cost
discount, which shall include an assessment of the benefits to
recipients compared to the benefits the recipients received from the
authority's hydroelectric power, withdrawn pursuant to subdivision
thirteen-a of this section, during the twelve month period ending
December thirty-first, two thousand ten, and compared to other
agricultural consumers that did not choose to receive the discount.

(c) Energy efficiency program. (1) Beginning with the withdrawal of
such hydroelectric power, the authority or the New York state energy
research and development authority, shall conduct an energy efficiency
program for five years to provide energy efficiency improvements for the
purpose of reducing energy consumption for domestic and rural consumers.
Such energy efficiency program may be undertaken in cooperation with
other energy efficiency programs offered by utility corporations, state
agencies and authorities including but not limited to the New York state
energy research and development authority; provided however that energy
savings attributable to such other energy efficiency programs shall not
be included in determining the amount of energy saved pursuant to the
program established by this paragraph;

(2) The authority or the New York state energy research and
development authority shall annually post on their website a report
evaluating the energy efficiency program, including but not limited to,
the number of domestic and rural consumers who opted to participate in
the program and, if practicable, the estimated savings the domestic and
rural consumers received by participating in the energy efficiency
program.

14. To provide to the governor, to the speaker of the assembly, and to
the temporary president of the senate, on or before April first of each
year, an economic development report including projections for the next
succeeding twelve months of the amount of economic development power
which will be or is expected to be available with a listing of the
current recipients of that power, and data on the number and types of
jobs resulting from allocation of economic development power. Such
report shall also include the amount of revenues collected and used in
the previous calendar year pursuant to the eighth unnumbered paragraph
of this section.

15. To provide low cost electricity, as well as energy efficiency and
conservation services and facilities using conventional or new energy
technologies, to the following military establishments within the state:
Fort Drum, Fort Hamilton, United States Academy at West Point,
Watervliet Arsenal, Niagara Falls Air Reserve Base, Air Force Research
Laboratory at Rome, Defense Finance Accounting Services at the former
Rome Air Force Base, North East Air Defense Sector, Stewart Air National
Guard Base, Hancock Field Air National Guard Base, Stratton Air National
Guard Base and Air National Guard Base at Francis S. Gabreski Airport.
Services provided pursuant to this section shall be provided only to
support United States Department of Defense activities as they are
conducted at such facilities. The authority may enter into contracts
with the United States, its agencies and instrumentalities, and other
public and private entities to effectuate the foregoing.

16. To complete a biennial energy plan in accordance with the
provisions of article six of the energy law. In addition to any
requirements of article six of the energy law, the authority shall
provide copies of its biennial energy plan to the governor, the
temporary president of the senate, the speaker of the assembly, the
chair of the assembly committee on energy and the chair of the senate
committee on energy and telecommunications. Further, the authority shall
cooperate and participate in the state energy planning procedures as
enumerated in article six of the energy law.

17. (a) As deemed feasible and advisable by the trustees, to finance
and design, develop, construct, implement, provide and administer
energy-related projects, programs and services for any public entity,
any independent not-for-profit institution of higher education within
the state, and any recipient of the economic development power,
expansion power, replacement power, preservation power, high load factor
power, municipal distribution agency power, power for jobs, and recharge
New York power programs administered by the authority. In establishing
and providing high performance and sustainable building programs and
services authorized by this subdivision, the authority is authorized to
consult standards, guidelines, rating systems, and/or criteria
established or adopted by other organizations, including but not limited
to the United States green building council under its leadership in
energy and environmental design (LEED) programs, the green building
initiative's green globes rating system, and the American National
Standards Institute. The source of any financing and/or loans provided
by the authority for the purposes of this subdivision may be the
proceeds of notes issued pursuant to section one thousand nine-a of this
title, the proceeds of bonds issued pursuant to section one thousand ten
of this title, or any other available authority funds.

(b) For the purposes of this subdivision, the following words and
terms shall have the following meanings unless the context indicates
another meaning or intent:

(1) "Agency" means any agency, department, or office of the state of
New York.

(2) "Energy-related projects, programs and services" means energy
efficiency projects and services, clean energy technology projects and
services, and high performance and sustainable building programs and
services, and the construction, installation and/or operation of
facilities or equipment done in connection with any such projects,
programs or services.

(3) "Energy services contract" or "contract" means a contract pursuant
to which the authority provides energy-related projects, programs and
services.

(4) "High performance and sustainable building programs and services"
means programs and services related to the renovation and retrofitting
of buildings through the incorporation of standards, guidelines, rating
systems, and/or criteria relating to design and building techniques
established by the authority pursuant to this section, which are
addressed to such issues as energy efficiency, energy conservation, the
use of renewable energy, the reduction of air and other pollution, and
the conservation of materials and resources such as water.

(5) "Public entity" means an agency, public authority, public benefit
corporation, public corporation, municipal corporation, school district,
board of cooperative educational services, public university, fire
district, district corporation, or special improvement district governed
by a separate board of commissioners.

(6) "Public authority" means a public authority formed by or under the
laws of the state of New York to the extent its facilities are located
within the state, and the port authority of New York and New Jersey to
the extent that its facilities are located within the state.

(7) "Public benefit corporation" means a public benefit corporation as
defined in subdivision four of section sixty-six of the general
construction law.

(8) "Public university" means the city university of New York
including any senior college or community college as defined in section
sixty-two hundred two of the education law, and the state university of
New York including four-year colleges established pursuant to section
sixty-three hundred seven of the education law and community colleges as
defined in section sixty-three hundred one of the education law.

(c) Any public entity is authorized to enter into an energy services
contract with the authority for energy-related projects, programs and
services that are authorized by this subdivision, provided that (i) the
authority issues and advertises written requests for proposals from
third party providers of goods and services in accordance with the
authority's procurement policies, procedures and/or guidelines, and (ii)
the authority shall not contract with a third party provider of goods
and services if such person is listed on a debarment list maintained and
published in accordance with New York law, as being ineligible to submit
a bid on or be awarded any public contract or subcontract with the
state, any municipal corporation or public body.

(d)(i) Notwithstanding any other provision of law to the contrary, any
energy services contract entered into by the authority with any public
entity: (1) may have a term of up to thirty-five years duration,
provided, however, that the duration of any such contract shall not
exceed the reasonably expected useful life of any facilities or
equipment constructed, installed or operated as part of such
energy-related projects, programs and services subject to such contract;
and (2) shall contain the following clause: "This contract shall be
deemed executory only to the extent of the monies appropriated and
available for the purpose of the contract, and no liability on account
therefor shall be incurred beyond the amount of such monies. It is
understood that neither this contract nor any representation by any
public employee or officer creates any legal or moral obligation to
request, appropriate or make available monies for the purpose of the
contract." A school district or board of cooperative educational
services may only enter into an energy services contract with the
authority for such maximum term as is prescribed in the regulations
promulgated by the commissioner of education or the useful life of the
facilities or equipment being constructed, installed or operated,
whichever is less.

(ii) Notwithstanding any other provision of law to the contrary, in
order to provide an interest in real or other property necessary for the
construction of facilities or the operation of equipment provided for in
an energy services contract, a public entity may enter into a lease or
other agreement with the authority concerning real or other property to
which it holds title or which is under its administrative jurisdiction,
as is necessary for such construction or operation, for the same length
of time as the term of the energy services contract and on such terms
and conditions as may be agreeable to the parties thereto and are not
otherwise inconsistent with law, and notwithstanding that such real or
other property may remain useful to such entity for the purpose for
which such real or other property was originally acquired or devoted or
for which such real or other property is being used.

(e) Nothing contained in this subdivision is intended to limit, impair
or affect the authority's legal authority to provide energy efficiency
and energy services programs that existed as of the effective date of
this subdivision.

(f) The authority shall complete and submit a report, on or before
January thirty-first, two thousand twelve, on those activities
undertaken pursuant to this subdivision to the governor, the speaker of
the assembly, the temporary president of the senate, the minority leader
of the senate, the minority leader of the assembly, the chair of the
senate finance committee, the chair of the assembly ways and means
committee, the chair of the assembly energy committee and the chair of
the senate energy committee.

18. For the purpose of furnishing the state with systematic
information regarding the status and the activities of the authority,
the authority shall submit to the governor, the temporary president of
the senate, speaker of the assembly, the minority leader of the senate
and the minority leader of the assembly, within ninety days after the
end of its fiscal year, a complete and detailed annual report on each
economic development power program it administers. Such annual report
shall include, but not be limited to, the following information:

a. the number of recipients of economic power program benefits, the
economic region in which each recipient is located, the type and amount
of assistance provided, megawatts of power awarded, length of current
contract, current contract compliance status, last audit, number of jobs
retained and/or added in the fiscal year, approximate energy efficiency
savings and amount of power reallocated from previous years due to
forfeited benefits; and

b. cost to the authority to provide economic development power
programs during the previous fiscal year.

19. To cooperate with the western New York power proceeds allocation
board and provide the board with such information and assistance as the
board reasonably requests, including reasonable staff services,
accounting, clerical and secretarial assistance, office space, and
equipment reasonably requested by the western New York power proceeds
allocation board to fulfill its duties.

20. To establish an account to be known as the western New York
economic development fund, which shall consist of "net earnings" as
defined in article six-a of the economic development law, deposited in
such amounts as determined to be feasible and advisable by the trustees.
Such earnings shall be deposited no less frequently than quarterly. The
first deposit into the fund shall be made ninety days after the
effective date of this subdivision, and shall include all such net
earnings accrued since the effective date of chapter four hundred
thirty-six of the laws of two thousand ten. At least fifteen percent of
such funds shall be dedicated towards eligible projects which are
energy-related projects, programs and services as such term is defined
in subparagraph two of paragraph (b) of subdivision seventeen of this
section. In addition to funding eligible projects, as defined in article
six-a of the economic development law, the authority may use western New
York economic development fund monies to cover reasonable costs and
expenses of the authority related to the management and administration
of the western New York power proceeds allocation program created by
article six-a of the economic development law.

21. The authority may, in its discretion, consult with the western New
York power proceeds allocation board in the application process relating
to the allocation of expansion power and replacement power.

22. The authority shall establish processes for application review and
allocation of fund benefits provided for in article six-a of the
economic development law.

23. The authority shall include in the annual report prepared pursuant
to subdivision eighteen of this section, an accounting for the subject
year that provides (a) the amount of expansion power and replacement
power sold into the wholesale market by the authority, and (b) the net
earnings, as such term is defined in section one hundred eighty-nine-a
of the economic development law, paid into the western New York economic
development fund.

24. (a) For purposes of this subdivision, the terms "authority-TMED
contract", "eligible project", "net earnings", "northern New York power
proceeds allocation board" and "St. Lawrence county economic development
power" shall have the meanings ascribed to such terms in article seven-A
of the economic development law.

(b) The authority shall be authorized to cooperate with the northern
New York power proceeds allocation board, and provide such board with
such information and assistance, including reasonable staff services,
accounting, clerical and secretarial assistance, office space, and
equipment, as the board reasonably requests in order to fulfill its
duties under article seven-A of the economic development law.

(c) The authority shall establish an account to be known as the
northern New York economic development fund, which shall consist solely
of net earnings. The authority, as determined to be feasible and
advisable by the trustees, shall deposit net earnings into the fund no
less than quarterly, provided, however, that the amount of St. Lawrence
county economic development power that may be used by the authority to
generate net earnings shall not exceed the lesser of twenty megawatts or
the amount of St. Lawrence county economic development power that has
not been allocated by the authority under the authority-TMED contract
for sub-allocations, and provided further that beginning five years from
the effective date of this subdivision, the amount of St. Lawrence
county economic development power that may be used by the authority to
generate net earnings shall not exceed the lesser of ten megawatts or
the amount of St. Lawrence county economic development power that has
not been allocated by the authority under the authority-TMED contract
for sub-allocations. At least fifteen percent of net earnings paid into
the fund shall be dedicated to eligible projects which are
energy-related projects, programs and services as such term is defined
in subparagraph two of paragraph (b) of subdivision seventeen of this
section. In addition to funding eligible projects, the authority may use
northern New York economic development fund monies to cover reasonable
costs and expenses of the authority related to the management and
administration of the northern New York power proceeds allocation
program created by article seven-A of the economic development law.

(d) The authority is hereby authorized to establish processes for
application review and allocation of fund benefits, and to promulgate
such rules and regulations as it deems necessary to fulfill the purposes
of this subdivision and the duties assigned to it under article seven-A
of the economic development law.

(e) The authority shall include in the annual report prepared pursuant
to subdivision eighteen of this section, an accounting for the subject
year that provides the amount of St. Lawrence county economic
development power sold into the wholesale market by the authority, and
the net earnings paid into the northern New York economic development
fund.

25. Notwithstanding any other provision of law, to accept gifts,
grants, loans, or contributions of funds or property in any form from
the federal government or any agency or instrumentally thereof or from
the state or any other source (collectively, "resources"), and enter
into contracts or other transactions regarding such resources, and to
use such resources for any of its corporate purposes.

26. (a) As deemed feasible and advisable by the trustees, to plan,
finance, construct, acquire, operate, improve and maintain, either alone
or jointly with one or more other entities, transmission facilities for
the purpose of transmitting power and energy generated by renewable wind
energy generation projects that are located in state territorial waters,
and/or in waters under the jurisdiction or regulation of the United
States, which supplies electric power and energy to the state of New
York that the authority deems necessary and desirable in order to: (i)
provide, support and maintain an adequate and reliable supply of
electric power and energy in the state of New York, and/or (ii) assist
the state in meeting state energy-related goals and standards.

(b) The source of any financing and/or loans provided by the authority
for any of the actions authorized in paragraph (a) of this subdivision
may be the proceeds of notes issued pursuant to section one thousand
nine-a of this title, the proceeds of bonds issued pursuant to section
one thousand ten of this title, or any other available authority funds.

(c) The authority shall complete and submit a report, on or before
January thirty-first, two thousand twenty, and annually thereafter, on
those activities undertaken pursuant to this subdivision to the
governor, the speaker of the assembly, the temporary president of the
senate, the minority leader of the senate, the minority leader of the
assembly, the chair of the senate finance committee, the chair of the
assembly ways and means committee, the chair of the assembly energy
committee, and the chair of the senate energy and telecommunications
committee. Such report shall be posted on the authority's website and
accessible for public review.

* 27. (a) Notwithstanding any other provision of this title, as deemed
feasible and advisable by the trustees, the authority is authorized to
undertake the following actions when it deems it necessary or desirable
to address the energy-related needs of any (i) authority customer, (ii)
public entity, or (iii) CCA community:

(1) (A) supply power and energy procured from competitive market
sources to any (i) authority customer, (ii) public entity, or (iii) CCA
community through the supply of such products through an energy services
company or other entity that is authorized by the public service
commission to procure and sell energy products to participants of a CCA
program, provided, however, that the authority shall not supply at any
point more than a total of four hundred megawatts of power and energy to
authority customers and public entities pursuant to the authority of
this clause;

(B) supply renewable power, energy, or related credits or attributes
procured through a competitive process, from competitive market sources,
or through negotiation when a competitive procurement is not reasonably
feasible and such products can be procured on reasonably competitive
terms to (i) any authority customer, (ii) any public entity, or (iii)
any CCA community through the supply of such products through an energy
services company or other entity that is authorized by the public
service commission to procure and sell energy products to participants
of a CCA program; and

(2) (A) alone or jointly with one or more other entities, finance the
development of renewable energy generating projects that are located in
the state, including its territorial waters, and/or on property or in
waters under the jurisdiction or regulatory authority of the United
States, (B) purchase power, energy or related credits or attributes
produced from such renewable energy generating projects, and (C)
allocate and sell any such products to (i) any authority customer, (ii)
any public entity, and (iii) any CCA community through an energy
services company or other entity that is authorized by the public
service commission to procure and sell energy products to participants
of a CCA program, provided that the authority shall not, pursuant to the
authority in this subparagraph, finance more than six renewable energy
generation projects and have a per-project electric generating capacity
in excess of twenty-five megawatts.

(b) Nothing in this subdivision authorizes the authority to act as an
energy supply company or administrator for CCA programs.

(c) Power and energy sold pursuant to the authority provided in
paragraph (a) of this subdivision shall only be sold for use at
facilities located in the state.

(d) Any public entity is hereby authorized to contract with the
authority for the purchase of power, energy, or related credits or
attributes which the authority is authorized to supply under paragraph
(a) of this subdivision.

(e) The source of any financing and/or loans provided by the authority
for any of the actions authorized in paragraph (a) of this subdivision
may be the proceeds of notes issued pursuant to section one thousand
nine-a of this title, the proceeds of bonds issued pursuant to section
one thousand ten of this title, or any other available authority funds.

(f) The authority shall complete and submit a report, on or before
January thirty-first, two thousand twenty, and annually thereafter on
those actions undertaken pursuant to this subdivision to the governor,
the speaker of the assembly, the temporary president of the senate, the
chair of the assembly ways and means committee, the chair of the senate
finance committee, the chair of the assembly energy committee and the
chair of the senate energy and telecommunications committee. Such
report, at a minimum, shall include: (i) an accounting of the total
amount of power, energy, and related credits and attributes procured
from competitive market sources and supplied to authority customers,
public entities, and CCA communities; (ii) an accounting of the total
amount of renewable power, energy, and related credits and attributes
procured through negotiation and supplied to authority customers, public
entities, and CCA communities; (iii) a description of all renewable
energy generating projects financed by the authority, including the
aggregate amount of financing; (iv) an accounting of all power, energy,
and related credits and attributes purchased by the authority from such
projects; and (v) an identification of all public entities, authority
customers, and CCA communities to which the authority supplied,
allocated or sold any power, energy or related credits or attributes.

(g) For purposes of this subdivision, the following terms shall have
the meanings indicated in this paragraph unless the context indicates
another meaning or intent:

(i) "Authority customer" means an entity located in the state to which
the authority sells or is under contract to sell power or energy under
the authority in this title or any other law.

(ii) "CCA community" means one or more municipal corporations located
within the state that have provided for the purchase of power, energy,
or related credits or other attributes under a CCA program.

(iii) "CCA program" means a community choice aggregation program
approved by the public service commission.

(iv) "Public entity" has the meaning ascribed to that term by
subparagraph five of paragraph (b) of subdivision seventeen of this
section.

(v) "Renewable energy resources" means solar power, wind power,
hydroelectric, and any other generation resource authorized by any
renewable energy standard adopted by the state for the purpose of
implementing any state clean energy standard.

(vi) "Renewable energy generating project" means a project that
generates power and energy by means of renewable energy resources, or
that stores and supplies power and energy generated by means of
renewable energy resources, and includes the construction, installation
and/or operation of ancillary facilities or equipment done in connection
with any such renewable energy generating projects, provided, however,
that such term shall not include the authority's Saint Lawrence
hydroelectric project or Niagara hydroelectric project.

(vii) "State" means the state of New York.

* NB Repealed June 30, 2024

28. The authority may establish a subsidiary corporation for the
purpose of forming a pure captive insurance company as provided in
section seven thousand two of the insurance law. The members of such
subsidiary corporation of the authority shall be the same persons
holding the offices of members of the authority. The employees of any
such subsidiary corporation, except those who are also employees of the
authority, shall not be deemed employees of the authority.

29. (a) Notwithstanding any other provision of law, the authority is
authorized, as deemed feasible and advisable by the trustees, to enter
into lease agreements with other state instrumentalities and municipal
entities for the use of excess capacity in the authority's fiber optic
communications infrastructure to provide affordable, high-speed
broadband in unserved and underserved communities in the state.

(b) Any excess fiber optic communication infrastructure leased out by
the authority to a state instrumentality or municipal entity pursuant to
paragraph (a) of this subdivision shall be at a rate that is no greater
than necessary to cover the cost of maintenance of such fiber optic
communications infrastructure, provided that this paragraph shall not
limit the authority from recovering other costs it incurs to make such
excess capacity available in unserved and underserved communities in the
state.

(c) Lease agreements authorized pursuant to paragraph (a) of this
subdivision shall allow for further sublease agreements between state
instrumentalities and municipal entities and internet service providers
for the use of such fiber optic communications infrastructure for the
purpose of providing affordable, high-speed broadband in unserved and
underserved communities in the state.

(d) Lease agreements authorized pursuant to paragraph (a) of this
subdivision, and sublease agreements authorized pursuant to paragraph
(c) of this subdivision, shall be subject to review and comment by the
division of broadband access within the empire state development
corporation in consultation with the public service commission.

(e) Nothing in this subdivision is intended to limit, impair, or
affect the legal authority of the authority that existed as of the
effective date of this subdivision.

The authority is authorized to allocate up to seventy megawatts of
unallocated power from the Niagara project sold prior to the effective
date of this paragraph as replacement power, up to thirty-eight and
six-tenths megawatts of preservation power from the Saint Lawrence-FDR
project which is relinquished or withdrawn after the effective date of
this paragraph, and for the period ending on December thirty-first, two
thousand six, up to an additional twenty megawatts of power from the
Saint Lawrence-FDR project which is unallocated as of the effective date
of this paragraph, for sale into the wholesale market, the net earnings
from which and such other funds of the authority as deemed feasible and
advisable by the trustees, shall be used for energy cost savings
benefits. Such energy cost savings benefits shall be made upon
recommendation of the economic development power allocation board,
pursuant to subdivision (h) of section one hundred eighty-three of the
economic development law. For purposes of this paragraph, the term net
earnings shall mean any excess of revenues earned from the sale of such
power allocated to the wholesale market from the Niagara and Saint
Lawrence-FDR projects over the revenues that would have been received
had such firm power been allocated and sold on a firm basis by the
authority prior to the effective date of this paragraph.

The governor shall establish a temporary commission on the future of
New York state power programs for economic development as soon as
practicable but no later than May first, two thousand six. On or before
December first, two thousand six, the commission shall make
recommendations to the governor and the legislature on whether to
continue, modify, expand or replace the state's economic development
power programs, including but not limited to the power for jobs program
and the energy cost savings benefit program, and shall recommend
legislative language necessary to implement its recommendations. The
commission shall consist of eleven members, comprised of five members
appointed by the governor, one of whom he or she shall designate as
chairperson, two members by the speaker of the assembly, two members by
the temporary president of the senate, one member by the minority leader
of the assembly and one member by the minority leader of the senate.