Establishes the power authority of the state of New York shall make low cost hydropower available to hospitals located within the counties of Niagara and Orleans.
STATE OF NEW YORK
________________________________________________________________________
925
2009-2010 Regular Sessions
IN ASSEMBLY(Prefiled)
January 7, 2009
___________
Introduced by M. of A. DelMONTE -- read once and referred to the Commit-
tee on Energy
AN ACT to amend the public authorities law, in relation to establishing
the power authority of the state of New York shall make low cost
hydropower available to certain hospitals
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The opening paragraph of subdivision 13 of section 1005 of
2 the public authorities law, as amended by chapter 645 of the laws of
3 2006, is amended to read as follows:
4 Notwithstanding any other provision of law to the contrary but subject
5 to the terms and conditions of federal energy regulatory commission
6 licenses, to allocate or reallocate directly or by sale for resale, two
7 hundred fifty megawatts of firm Niagara project hydroelectric power as
8 "expansion power" and four hundred forty-five megawatts of firm Niagara
9 project hydroelectric power as "replacement power" to businesses within
10 the state located within thirty miles of the Niagara project, and four
11 hundred ninety megawatts of firm and interruptible power from the Saint
12 Lawrence-FDR project as "preservation power" sold to businesses located
13 within the counties of Jefferson, Saint Lawrence and Franklin, provided
14 that the amount of expansion power allocated to businesses in Chautauqua
15 county on January first, nineteen hundred eighty-seven shall continue to
16 be allocated in such county and, provided further that up to seventy
17 megawatts of replacement power, up to thirty-eight and six-tenths mega-
18 watts of preservation power from the Saint Lawrence-FDR project which is
19 relinquished or withdrawn after the effective date of chapter three
20 hundred thirteen of the laws of two thousand five which amended this
21 subdivision and, for the period ending on December thirty-first, two
22 thousand six, up to twenty megawatts of other power from the Saint
23 Lawrence-FDR project which is unallocated as of the effective date of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01082-01-9
A. 925 2
1 chapter three hundred thirteen of the laws of two thousand five which
2 amended this subdivision, shall be allocated by the authority together
3 with such other funds of the authority as the trustees deem feasible and
4 advisable for energy cost savings benefits pursuant to the [twelfth]
5 eleventh undesignated paragraph of this section and, provided further
6 that low cost hydropower be made available to hospitals that are located
7 in the counties of Niagara and Orleans. Provided, however, that the
8 amount of replacement, preservation power, or the additional twenty
9 megawatts of Saint Lawrence-FDR power for the period ending December
10 thirty-first, two thousand six made available for such purpose, used for
11 energy cost savings benefits that are relinquished by or withdrawn from
12 a recipient thereof shall be offered by the authority proportionately
13 for a period of six months for reallocation to applicants who qualify
14 respectively for replacement or preservation power allocations as
15 provided in this subdivision. If such power is not allocated within such
16 period it shall be allocated for the purpose of energy cost savings
17 benefits pursuant to subdivision (h) of section one hundred eighty-three
18 of the economic development law. The authority shall negotiate contracts
19 on reasonable terms and conditions to renew or extend every permanent
20 contract allocation of expansion power in effect on the effective date
21 of this subdivision and, to the extent consistent with such contracts,
22 the authority shall negotiate contracts on reasonable terms and condi-
23 tions to extend or renew all other allocations or allotments of such
24 power in effect on such date. The authority shall negotiate contracts
25 on reasonable terms and conditions to renew or extend for a period of at
26 least five years every permanent contract allocation of replacement
27 power in effect on the effective date of chapter three hundred thirteen
28 of the laws of two thousand five which added this sentence and that
29 would expire by its terms on or before the end of the initial federal
30 energy regulatory commission license for the Niagara project; provided
31 that, in negotiating the terms and conditions of such contracts, the
32 authority may consider a business' compliance with all current contrac-
33 tual obligations, including employment and power usage commitments.
34 Contracts entered into pursuant to this subdivision shall contain
35 reasonable provisions providing for the partial or complete withdrawal
36 of the power in the event the recipient fails to maintain mutually
37 agreed levels of employment, investment, and power utilization. Expan-
38 sion or replacement power relinquished by businesses or withdrawn by the
39 authority shall be allocated directly or by sale for resale by the
40 authority to businesses within the state located within thirty miles of
41 the Niagara project provided, that the amount of power allocated to
42 businesses in Chautauqua county on January first, nineteen hundred
43 eighty-seven shall be allocated in such county. Preservation power that
44 is relinquished by businesses or withdrawn by the authority shall be
45 allocated directly or by sale for resale by the authority within the
46 counties of Jefferson, Saint Lawrence and Franklin. Allocations made
47 pursuant to this paragraph shall be made in accordance with criteria
48 established by the trustees. Such criteria shall address the expansion
49 of industry and employment pursuant to paragraph (a) of this subdivision
50 and the revitalization of existing industry pursuant to paragraph (b) of
51 this subdivision.
52 § 2. This act shall take effect immediately.
