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SECTION 1854
Purposes and specific powers of the authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 9
§ 1854. Purposes and specific powers of the authority. * The purposes
of the authority shall be to develop and implement new energy
technologies and invest in build-ready sites, as defined in subdivision
eight of section nineteen hundred one of this article, consistent with
economic, social and environmental objectives, to develop and encourage
energy conservation technologies, to promote, develop, encourage and
assist in the acquiring, constructing, improving, maintaining, equipping
and furnishing of industrial, manufacturing, warehousing, commercial,
research and industrial pollution control facilities at the Saratoga
Research and Development Center, and to promote, develop, encourage and
assist special energy projects and thereby advance job opportunities,
health, general prosperity and economic welfare of the people of the
state of New York. In carrying out such purposes, the authority shall,
with respect to the activities specified, have the following powers:

* NB Effective until December 31, 2030

* The purposes of the authority shall be to develop and implement new
energy technologies consistent with economic, social and environmental
objectives, to develop and encourage energy conservation technologies,
to promote, develop, encourage and assist in the acquiring,
constructing, improving, maintaining, equipping and furnishing of
industrial, manufacturing, warehousing, commercial, research and
industrial pollution control facilities at the Saratoga Research and
Development Center, and to promote, develop, encourage and assist
special energy projects and thereby advance job opportunities, health,
general prosperity and economic welfare of the people of the state of
New York. In carrying out such purposes, the authority shall, with
respect to the activities specified, have the following powers:

* NB Effective December 31, 2030

1. Research, development and demonstration. To conduct, sponsor,
assist and foster programs of research, development and demonstration in
new energy technologies including but not limited to (a) energy
conservation, (b) production of power from new sources with emphasis on
renewable energy sources such as solar, wind, bioconversion and solid
waste, (c) storage of energy with emphasis on inertial and battery
storage, (d) conversion and/or technological improvement of facilities
now utilizing nuclear fission energy and fossil fuel energy
technologies, (e) transmission and distribution of power, and (f)
conversion of energy and improvements of efficiencies of such
conversion, including the power after assessing and taking into account
environmental considerations thereof, to establish, acquire, operate,
develop and manage facilities therefor.

2. The provision of services. To provide services required for the
development and use of new energy technologies and related methods by
the industrial, commercial, medical, scientific, public interest,
educational and governmental organizations within the state, including
the power to establish, acquire and develop facilities therefor not
otherwise available within the state, and to operate and manage such
facilities.

3. Cooperation with gas and power companies. To contract with or enter
into joint undertakings with any gas or power company, or power
authority of the state of New York, or more than one of them, to

(a) Participate in the construction and operation of experimental or
developmental facilities which implement new energy technologies which
have prospects of reducing the economic, environmental and social costs
of energy production and utilization.

(b) Participate in the incorporation of features, including facilities
which incorporate new energy technologies, in nuclear power plants and
the construction of associated facilities to the extent required by the
public interest in development, health, recreation, safety, conservation
of natural resources and aesthetics.

(c) Participate in the incorporation of features, including facilities
which incorporate new energy technologies, in fossil fuel power plants
and the construction of associated facilities to the extent required by
the public interest in development, health, recreation, safety,
conservation of natural resources and aesthetics.

(d) Participate in the construction of facilities to be used for the
furnishing of electric energy or gas to the extent required by the
public interest in development, health, recreation, safety, conservation
of natural resources and aesthetics.

(e) Develop, prepare, and furnish by sale or lease real property
owned, held, or acquired by the authority within the state to be used
for the construction and operation of generating facilities based on new
energy technologies and related facilities, provided that no such
contract or joint venture shall be entered into which shall permit the
authority to distribute or sell any power or energy to any person or
entity other than the other contracting party or parties or joint
venturer or venturers, and provided further that all power and energy
received by power authority of the state of New York, pursuant to any
such contract or joint venture, shall be distributed and sold only to
such persons as power authority of the state of New York may sell power
pursuant to law.

4. Water desalination. To contract with one or more water distribution
companies or agencies to participate in the construction and operation
of power generating facilities for the purpose of desalination or
distribution of water, and to develop, prepare, and furnish by sale or
lease, real property owned, held or acquired by the authority within the
state to be used for the construction and operation of such facilities
and facilities related thereto, provided that the authority shall not
enter into any such contract relating to any such facility which also
produces electric power for purposes of sale unless the authority also
contracts with one or more power companies with respect to the
construction and operation of such facility and the distribution and use
of such power.

5. The dissemination of information. To accumulate and disseminate
information relating to the development and use of new energy
technologies and energy conservation technologies, including the power
to conduct, sponsor, assist and foster studies and surveys, and publish
the results thereof.

6. (a) To continue, modify, amend, or terminate such contractual
agreements as may be in force at the effective date of this subdivision
with regard to the Western New York Nuclear Service Center and the
Saratoga Research and Development Center, or take such other action as
the authority may deem necessary or appropriate with respect to such
Centers in the furtherance of the public interest in safe, reliable and
economical energy supplies or protection of public health and safety and
the environment.

(b) (i) Notwithstanding the provisions of any general or special law
to the contrary, the director of the budget and the chair of the
authority are each authorized to enter into one or more service
contracts, and to amend or supplement any existing service contract,
with respect to programs, projects, and activities of the authority
pursuant to this subdivision, upon such terms as the director of the
budget and the chair of the authority may agree, including, but not
limited to, provisions relating to the respective obligations of the
state and the authority with respect to administration, management,
maintenance, and use of the real property at the Western New York
Nuclear Service Center held by the authority, design, construction,
modification, operation, and maintenance of facilities thereon, and
implementation of programs, projects, or activities to improve or
correct conditions thereon, including, but not limited to, the West
Valley demonstration project, and provisions providing for the payment
of (A) all fees and charges of, and expenses and other non-asset costs
of financing incurred by, the authority in connection with the issuance
and administration of special obligation bonds or notes to pay for or
reimburse the state with respect to such actions, and (B) all debt
service payments on such bonds and notes. Provided, however, that the
aggregate net proceeds of any such bonds or notes issued, excluding any
bonds or notes issued for the purpose of refunding other bonds and notes
issued under this subdivision, shall not exceed the aggregate of amounts
appropriated for such actions in the state fiscal year ending March
thirty-one, nineteen hundred ninety-three and any state fiscal year
thereafter up to and including the state fiscal year ending March
thirty-first, nineteen hundred ninety-nine, not including amounts to be
applied to the payment of all fees and other charges of, and expenses
and other non-asset costs of financing incurred by, the authority in
connection with the issuance and administration of such bonds and notes;
and, capitalized interest and debt service reserve funds established for
such bonds or notes and the acquisition of insurance, letters of credit
or other credit enhancement or liquidity facilities obtained in
connection with such bonds or notes.

(ii) Of the moneys expended from appropriations made for the legal
requirements of the state debt service and lease purchase payments and
other special contractual obligations, for payment to the authority for
payment of principal and interest on bonds issued to finance activities
at the Western New York Nuclear Service Center pursuant to one or more
service contracts between the state and the authority, an amount not to
exceed the amount of such payment as determined by the director of the
budget shall be reimbursed to the comptroller according to a schedule
determined by the director of the budget, for deposit in the general
debt service fund, by the authority.

(iii) Any such contract entered into pursuant to subparagraph (i) of
this paragraph shall not exceed thirty years in duration and shall
provide that the obligation of the state to fund or to pay the amounts
therein provided for shall not constitute a debt of the state within the
meaning of any constitutional or statutory provision and shall be deemed
executory only to the extent of moneys available therefor and that no
liability shall be incurred by the state beyond the moneys available for
such purpose, and that such obligation is subject to annual
appropriation by the legislature.

(iv) Any such contract or any payments made or to be made thereunder
may be assigned and pledged by the authority as security for its bonds
and notes issued to pay for or reimburse the state with respect to
actions undertaken pursuant to this subdivision.

(v) The comptroller is authorized to receive from the authority any
portion of proceeds of special obligation bonds or notes issued to pay
for or reimburse the state with respect to actions undertaken pursuant
to this subdivision and to credit such amounts to the capital projects
fund or any other appropriate fund.

7. To advise the legislature of recommendations for implementing new
energy technologies and energy conservation measures, annually or so
often as the authority shall deem appropriate.

8. Special energy projects. (a) To extend credit and make loans from
bond proceeds to any person for the construction, acquisition,
installation, reconstruction, improvement, maintenance, equipping,
furnishing or leasing of any special energy project or for the
reimbursement to any person for costs incurred in connection with a
special energy project completed or not completed at the time of such
credit or loan, which credits or loans may, but need not, be secured by
mortgages, contracts, leases or other instruments, upon such terms and
conditions as the authority shall determine reasonable in connection
with such credits or loans.

(b) In the exercise of powers granted in paragraph a of this
subdivision in connection with any special energy project, to require
the inclusion in any contract, lease, loan agreement or other instrument
of such provisions for the financing of such project and such other
financial or other covenants as the authority may deem necessary or
desirable and to do all things and to execute all instruments necessary
and desirable in connection therewith; provided, however, that no
contract, lease, loan agreement or other agreement entered into by the
authority in furtherance of this authorization shall permit the
authority to distribute or sell any power or energy to any person other
than a contracting party.

10. To coordinate the state's administration of any energy or energy
resource programs of the federal government, including but not limited
to those concerned with conservation, allocation, management or
education, and to formulate and from time to time revise a state energy
conservation plan to be submitted pursuant to the federal Energy Policy
and Conservation Act of 1975 last amended by Pub. L. 102-486, Title I,
§123(a).

10-a. (a) To administer the air pollution mitigation fund established
pursuant to section ninety-nine-g of the state finance law and
consisting of moneys collected by the public service commission as an
air pollution mitigation offset pursuant to subdivision two of section
sixty-six-k of the public service law.

(b) To disburse moneys from such fund for the following purposes: (i)
to reduce acid precipitation through energy efficiency, or through
public benefit research and development, including, but not limited to,
renewable energy; or (ii) the monitoring of, or research related to, the
impact of acid precipitation deposition.

(c) To establish guidelines pertaining to the allocation of moneys
from such fund.

11. To advise and assist the governor and the legislature in the
development and implementation of state policies relating to energy and
energy resources.

12. To require and receive from any agency of the state or any
political subdivision thereof assistance and data.

13. To act as a central repository and clearinghouse for information
on all energy and energy resource related matters including, but not
limited to, the availability and use of the most energy efficient and
environmentally sensitive outdoor lighting available for public and
private uses.

14. To apply for and to administer federal research and development
grants and other monies for the benefit of consumers.

15. To prepare an integrated resource plan specifying actions to be
taken in the event of the declaration by the governor of an energy or
fuel supply emergency pursuant to section 5-117 of the energy law.

16. To promulgate energy use standards after consultation with the
commissioner of the office of general services for the purchase, lease,
use or maintenance of state buildings and equipment.

17. To implement the provisions of sections 5-108, 5-111, 5-113 and
5-117 of article five and articles six, seven, eight and ten of the
energy law.

18. To provide for the deposit of all or a portion of the proceeds
collected by the authority from the auction or sale of emission
allowances allocated by the department of environmental conservation to
the authority pursuant to regulations adopted by the department of
environmental conservation to a green jobs-green New York fund to be
established in the custody of the commissioner of taxation and finance.
The monies in such fund shall be available for the green jobs-green New
York program pursuant to title nine-A of article eight of this chapter.

19. To, on its own or through a qualified entity, directly or
indirectly, and in consultation with the department of public service:

(a) develop and administer a generation attribute tracking system that
records generation attribute information within the state, and processes
generation attribute information from energy outside the state that is
imported to and consumed within the state, as a basis for creating
generation attribute certificates;

(b) assign initial ownership of generation attribute certificates;

(c) provide for the transfer or conveyance, ownership and retirement
of generation attribute certificates;

(d) obtain generation, delivery and consumption information from
independent system operators, generators, public utility companies, and
retail load-serving entities producing, delivering or selling
electricity in the state, including, but not limited to, "electric
corporations" as defined under subdivision thirteen of section two of
the public service law, "cooperatives" as defined under subdivision (a)
of section two of the rural electric cooperative law, and any publicly-
or municipally-owned utilities, including the power authority of the
state of New York and the Long Island power authority, deemed necessary
by the authority to verify or supplement such generation attribute
tracking system;

(e) facilitate participation in, and use of, such generation attribute
tracking system by buyers, sellers and brokers with respect to the
ownership, transfer or conveyance, and retirement of generation
attribute certificates; and

(f) perform such additional activities as may be deemed necessary by
the authority to ensure cooperation and the smooth exchange of
information among and between the generation attribute tracking system
and similar systems within or outside the state.

20. To administer a program, using funds provided for such purpose, to
provide a grant based on standards and guidelines established by the
authority for costs as follows:

(a) for each retail outlet that is in operation before April first,
two thousand fourteen and is subject to the requirements of paragraph
(a) of subdivision three of section one hundred ninety-two-h of the
agriculture and markets law:

(i) no greater than ten thousand dollars required to prewire such
retail outlet with an appropriate transfer switch for using an alternate
generated power source as defined in section one hundred ninety-two-h of
the agriculture and markets law; or

(ii) no greater than thirteen thousand dollars required to prewire
such retail outlet with an appropriate transfer switch for using an
alternate generated power source as defined in section one hundred
ninety-two-h of the agriculture and markets law and purchase such power
source to be permanently affixed at the site.

(b) for each retail outlet that is in operation before April first,
two thousand fourteen and is subject to the requirements of paragraph
(b) of subdivision three of section one hundred ninety-two-h of the
agriculture and markets law, no greater than ten thousand dollars
required to: (i) prewire an existing retail outlet with an appropriate
transfer switch for using an alternate generated power source as defined
in section one hundred ninety-two-h of the agriculture and markets law;
and/or (ii) purchase such power source to be permanently affixed at the
site.

(c) to the extent funds are available, for retail outlets that become
operational on or after April first, two thousand fourteen, or to which
subdivision two of section one hundred ninety-two-h of the agriculture
and markets law becomes applicable after the effective date of this
subdivision, which grants shall otherwise be subject to the same
amounts, purposes and restrictions as paragraphs (a) and (b) of this
subdivision.

(d) to the extent funds are available, for retail outlets that
voluntarily apply before April first, two thousand fifteen and are
located on a strategic upstate highway as defined in paragraph (e) of
this subdivision or within one-half mile by road measurement from an
exit road on a strategic upstate highway, in such amounts and for such
purposes as set forth in subparagraphs (i) and (ii) of paragraph (a) of
this subdivision.

(e) "Strategic upstate highway" means the following:

(i) I-87 beginning at the Rockland-Orange county line thence northerly
passing through or in the vicinity of Albany to the intersection with
I-90, the foregoing route being a portion of the New York state thruway;
thence continuing northerly to the New York-Canada border;

(ii) I-90 beginning at I-87 in the vicinity of Albany thence westerly
passing through or in the vicinity of Schenectady, Utica, Syracuse,
Rochester, and Buffalo; thence continuing southwesterly to the New
York-Pennsylvania border, the foregoing route being a portion of the New
York state thruway;

(iii) the Berkshire section of the New York state thruway beginning at
I-87 thence easterly to the intersection with I-90 and continuing on
I-90 to the New York-Massachusetts border;

(iv) I-84 beginning at the New York-New Jersey border thence easterly
passing through or in the vicinity of Newburgh, thence continuing
easterly and southeasterly to the New York-Connecticut border;

(v) I-88 beginning at I-81 in the vicinity of Binghamton thence
northeasterly to I-90 in the vicinity of Schenectady;

(vi) I-86/State Route 17 beginning at I-87 in the vicinity of Woodbury
thence westerly and northwesterly passing through or in the vicinity of
Binghamton, Elmira, and Jamestown, continuing to the New
York-Pennsylvania border;

(vii) I-81 beginning at the New York-Pennsylvania border thence
northerly passing through or in the vicinity of Syracuse and Watertown,
continuing to the New York-Canada border;

(viii) I-390 beginning at I-86 in the vicinity of Avoca thence
northwesterly and northerly to I-490 in the vicinity of Rochester; and

(ix) I-190 beginning at I-90 in the vicinity of Buffalo, thence
westerly, northwesterly, and northerly through Buffalo, across Grand
Island, the foregoing route being a portion of the New York state
thruway, and thence generally westerly to the United States-Canada
border in the vicinity of Lewiston.

The authority may offer any funds provided for such purpose and not
expended to retail outlets that are not included in paragraphs (a)
through (d) of this subdivision but that voluntarily seek to participate
in such program.

21. To administer a program to establish a pool of generators for
retail outlets as defined in section one hundred ninety-two-h of the
agriculture and markets law. The authority may enter into or facilitate
contracts, lease agreements and any other instruments subject to the
provisions of law, with companies providing generators and generator
services to provide for such pool and the deployment and installation of
generators in the pool. Retail outlets that elect to participate in the
program and are subject to the requirements of paragraph (a) of
subdivision three of section one hundred ninety-two-h of the agriculture
and markets law shall be required only to pay the actual cost of
generator rental, deployment and installation in the event that
emergency deployment is required, provided, that a participant must
abide by the terms of any contract or written agreement covering the
rental, deployment and installation of such generator. In the event that
an insufficient number of generators is available to meet required
emergency deployment, the authority in consultation with the
commissioner of homeland security and emergency services shall
prioritize such retail outlets as are most essential to public safety
and well-being during the energy or fuel supply emergency. When
generators from such program are deployed, the authority shall provide
public notice on its website, to the media and through other means
practicable of those retail outlets where generators are deployed.

In exercising the powers granted by this title, the authority shall,
insofar as practicable, cooperate and act in conjunction with
industrial, commercial, medical, scientific, public interest and
educational organizations within the state, and with agencies of the
federal government, of the state and its political subdivisions, of
other states, and joint agencies thereof.

In carrying out its corporate purposes and in exercising the powers
granted by this title, the authority shall be regarded as performing an
essential governmental function.