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A09039 Summary:

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A09039 Floor Votes:

A09039 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9039
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 20, 2009
                                       ___________
 
        Introduced  by M. of A. CAHILL, SILVER, FARRELL -- Multi-Sponsored by --
          M. of A. ALESSI,  AMEDORE,  BENEDETTO,  BOYLAND,  CHRISTENSEN,  CLARK,
          COLTON,  CRESPO,  DESTITO,  EDDINGTON,  ENGLEBRIGHT, GABRYSZAK, GALEF,
          GORDON, JACOBS, JAFFEE, KOON, LANCMAN, LATIMER, LAVINE, LIFTON, LUPAR-
          DO, MARKEY,  PHEFFER,  RAMOS,  REILLY,  RUSSELL,  SCHIMEL,  SKARTADOS,

          SPANO,  STIRPE,  TITONE,  WEINSTEIN  --  read once and referred to the
          Committee on Energy
 
        AN ACT to amend the economic development law, chapter 316 of the laws of
          1997 amending the public authorities law and other  laws  relating  to
          the  provision of low cost power to foster statewide economic develop-
          ment, the tax law and chapter 645 of the laws  of  2006  amending  the
          economic  development law and other laws relating to reauthorizing the
          New York power authority to make contributions to the general fund, in
          relation to extending the expiration of the power for jobs program and
          the energy cost savings benefits program; to amend the public authori-
          ties law, in relation to authorizing an additional voluntary  contrib-
          ution into the state treasury under the power for jobs program; and to

          amend  the  public  authorities  law,  in  relation to an energy audit
          program
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraphs 2 and 4 of subdivision (h) of section 183 of the
     2  economic  development law, paragraph 2 as amended by section 1 of part Y
     3  of chapter 59 of the laws of 2008 and paragraph 4 as amended by  chapter
     4  89 of the laws of 2007, are amended to read as follows:
     5    2.  During  the period commencing on November first, two thousand five
     6  and ending on [June thirtieth] May fifteenth, two  thousand  [nine]  ten
     7  eligible  businesses shall only include customers served under the power
     8  authority of the state of New York's high load factor, economic develop-

     9  ment power and other business customers served by political subdivisions
    10  of the state authorized by law to engage in the distribution of electric
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14489-02-9
        A. 9039                             2
 
     1  power that were authorized to  be  served  by  the  authority  from  the
     2  authority's  former  James  A. Fitzpatrick nuclear power plant as of the
     3  effective date of this subdivision whose power prices may be subject  to
     4  increase before [June thirtieth] May fifteenth, two thousand [nine] ten.
     5  Provided, however, that the total amount of megawatts of replacement and

     6  preservation  power  which,  due  to  the  extension  of the energy cost
     7  savings benefits, are not relinquished by or withdrawn from a  recipient
     8  shall be deemed to be relinquished or withdrawn for purposes of offering
     9  such megawatts by the authority for reallocation pursuant to subdivision
    10  thirteen  of  section  one  thousand five of the public authorities law.
    11  Provided, further, that for any such reallocation, the  authority  shall
    12  maintain  the  same  energy  cost savings benefit level for all eligible
    13  businesses using any available authority resources  as  deemed  feasible
    14  and  advisable  by  the  trustees pursuant to section seven of part U of
    15  chapter fifty-nine of the laws of two thousand six.
    16    4. Applications for an energy cost savings benefit  shall  be  in  the
    17  form  and  contain such information, exhibits and supporting data as the

    18  board may prescribe. The board shall review  the  applications  received
    19  and shall determine the applications which best meet the criteria estab-
    20  lished for the benefits pursuant to this subdivision and it shall recom-
    21  mend  such  applications to the power authority of the state of New York
    22  with such terms and conditions as it deems appropriate; provided, howev-
    23  er, that for energy cost savings benefits granted on or after June thir-
    24  tieth, two thousand [seven] nine through [June thirtieth] May fifteenth,
    25  two thousand [eight] ten, the board shall expedite the awarding of  such
    26  benefits  and  shall  defer  the review of compliance with such criteria
    27  until after the applicant has been awarded an energy cost savings  bene-
    28  fit.  Such  terms  and  conditions  shall  include reasonable provisions

    29  providing for the partial or complete  withdrawal  of  the  energy  cost
    30  savings  benefit  in  the event the recipient fails to maintain mutually
    31  agreed upon commitments that may include, but are not limited to, levels
    32  of employment, capital investment and power utilization.  Recommendation
    33  for  approval  of an energy cost savings benefit shall qualify an appli-
    34  cant to receive an energy cost savings benefit from the power  authority
    35  of  the  state  of  New York pursuant to the terms and conditions of the
    36  recommendation.
    37    § 2. The opening paragraph  of  paragraph  5  of  subdivision  (a)  of
    38  section  189 of the economic development law, as amended by section 2 of
    39  part Y of chapter 59 of the laws of 2008, is amended to read as follows:
    40    "Power  for  jobs  electricity  savings  reimbursements"  shall   mean

    41  payments  made by the power authority of the state of New York as recom-
    42  mended by the board to recipients of allocations of power  under  phases
    43  four  and  five of the power for jobs program for a period of time until
    44  November thirtieth, two thousand four, subsequent to the  expiration  of
    45  their  phase  four or five power for jobs contract provided however that
    46  any power for jobs  recipient  may  choose  to  receive  an  electricity
    47  savings  reimbursement  as a substitute for a contract extension for the
    48  period from the date the  recipient's  contract  expires  through  [June
    49  thirtieth]   May  fifteenth,  two  thousand  [nine]  ten.    The  "basic
    50  reimbursement" is an amount that when credited against  the  recipient's
    51  actual "unit cost of electricity" during a quarter (meaning the cost for

    52  commodity and delivery per kilowatt-hour for the quantity of electricity
    53  purchased  and delivered under the power for jobs program during a simi-
    54  lar period in the final year of the recipient's contract), results in an
    55  effective unit cost of electricity during the quarter equal to the aver-
    56  age unit cost of electricity such recipient paid during the  final  year
        A. 9039                             3
 
     1  of  the  contract  for  power  allocated under phase four or five of the
     2  power for jobs program.
     3    §  3. Subdivisions (f) and (l) of section 189 of the economic develop-
     4  ment law, as amended by section 3 of part Y of chapter 59 of the laws of
     5  2008, are amended to read as follows:
     6    (f) Eligibility. The board  shall  recommend  applications  for  allo-
     7  cations  of  power under the power for jobs program to or for the use of

     8  businesses which normally utilize a  minimum  peak  electric  demand  in
     9  excess  of  four  hundred  kilowatts;  provided, however, that up to one
    10  hundred megawatts of power available for allocation during  the  initial
    11  three  phases of the power for jobs program may be recommended for allo-
    12  cations to not-for-profit corporations and  to  small  businesses;  and,
    13  provided,  further  that up to seventy-five megawatts of power available
    14  for allocation during the fourth phase of the program may be recommended
    15  for allocations to not-for-profit corporations and to small  businesses.
    16  The  board  may require small businesses that normally utilize a minimum
    17  peak electric demand of less than one  hundred  kilowatts  to  aggregate
    18  their  electric demand in amounts of no less than one hundred kilowatts,
    19  for the purposes of applying to the board for an  allocation  of  power.

    20  The  board  shall  recommend allocations of the additional three hundred
    21  megawatts available during the fourth phase of the program to  any  such
    22  eligible  applicant,  including  any recipient of power allocated during
    23  the first phase of the program. The board shall recommend allocations of
    24  the additional one hundred eighty-three megawatts available  during  the
    25  fifth  phase  of  the  program  to any eligible applicant, including any
    26  recipient of power allocated during the second and third phases  of  the
    27  program;  provided,  however, that the term of contracts for allocations
    28  under the fifth phase of the program shall  in  no  case  extend  beyond
    29  [June  thirtieth] May fifteenth, two thousand [nine] ten.  Notwithstand-
    30  ing any provision of law  to  the  contrary,  and,  in  particular,  the

    31  provisions  of  this chapter concerning the terms of contracts for allo-
    32  cations under the power for jobs program, the terms of any contract with
    33  a recipient of power allocated under phase two of  the  power  for  jobs
    34  program  that  has  expired or will expire on or before the thirty-first
    35  day of August, two thousand two, may be extended by the power  authority
    36  of the state of New York for an additional period of three months effec-
    37  tive  on the date of such expiration, pending the filing and approval of
    38  an application by such recipient for an allocation under the fifth phase
    39  of the program. The term of any new contract with such  recipient  under
    40  the  fifth  phase  of  the  program shall be deemed to include any three
    41  month contract extension made  pursuant  to  this  subdivision  and  the
    42  termination  date  of any such new contract under phase five shall be no

    43  later than if such new contract had commenced upon the expiration of the
    44  recipient's original phase two contract. The terms of any contract  with
    45  a recipient of power allocated under phase four and/or phase five of the
    46  power  for jobs program that has expired or will expire on or before the
    47  thirty-first day of December, two thousand five, may be extended by  the
    48  power authority of the state of New York from a date beginning no earli-
    49  er  than  the  first  day  of  December, two thousand four and extending
    50  through [June thirtieth] May fifteenth, two thousand [nine] ten.
    51    (l) The board shall solicit and review applications for the power  for
    52  jobs  electricity  savings  reimbursements  and contract extensions from
    53  recipients of power for jobs allocations under phases four and  five  of

    54  the  program for the award of such reimbursements and/or contract exten-
    55  sions. The board may prescribe a simplified  form  and  content  for  an
    56  application for such reimbursements or extensions. An applicant shall be
        A. 9039                             4
 
     1  eligible  for  such  reimbursements  and/or  extensions only if it is in
     2  compliance with and agrees to continue to meet  the  job  retention  and
     3  creation  commitments set forth in its prior power for jobs contract, or
     4  such other commitments as the board deems reasonable; provided, however,
     5  that  for  the  power  for  jobs  electricity savings reimbursements and
     6  contract extensions granted on or after  June  thirtieth,  two  thousand
     7  [seven]  nine  through  [June  thirtieth]  May  fifteenth,  two thousand

     8  [eight] ten, the board shall expedite the awarding  of  such  reimburse-
     9  ments  and/or  extensions  and shall defer the review of compliance with
    10  such commitments until after the applicant has been awarded a power  for
    11  jobs  electricity  savings  reimbursement and/or contract extension. The
    12  board shall review such applications and make  recommendations  for  the
    13  award:  1.  of  such  reimbursements  through the power authority of the
    14  state of New York for a period of time up  to  November  thirtieth,  two
    15  thousand  four,  and 2. of such contract extensions or reimbursements as
    16  applied for by the recipient for a period  of  time  beginning  December
    17  first,  two thousand four and ending [June thirtieth] May fifteenth, two
    18  thousand [nine] ten.   At no time  shall  a  recipient  receive  both  a

    19  reimbursement and extension after December first, two thousand four. The
    20  power authority of the state of New York shall receive notification from
    21  the  board  regarding  the  award  of power for jobs electricity savings
    22  reimbursements and/or contract extensions.
    23    § 4. Section 9 of chapter 316 of the laws of 1997 amending the  public
    24  authorities  law  and  other  laws relating to the provision of low cost
    25  power to foster statewide economic development, as amended by section  4
    26  of  part  Y  of  chapter  59  of the laws of 2008, is amended to read as
    27  follows:
    28    § 9. This act shall take effect immediately and shall  expire  and  be
    29  deemed repealed [June 30] May 15, [2009] 2010.
    30    §  5.  Subdivision  9  of  section 186-a of the tax law, as amended by

    31  section 5 of part Y of chapter 59 of the laws of  2008,  is  amended  to
    32  read as follows:
    33    9.  Notwithstanding  any  other provision of this chapter or any other
    34  law to the contrary, for taxable periods nineteen  hundred  ninety-seven
    35  through  and including two thousand [nine] ten, any utility which deliv-
    36  ers power under the power for jobs program, as  established  by  section
    37  one  hundred  eighty-nine  of  the  economic  development  law, shall be
    38  allowed a credit, subject to the limitations thereon contained  in  this
    39  subdivision,  against  the  tax  imposed under this section equal to net
    40  lost revenues from the delivery of  power  under  such  power  for  jobs
    41  program.  Net  lost  revenues means the "net receipts" less "net utility
    42  revenue" from such delivery of power. For purposes of this  subdivision,

    43  "net  receipts" shall mean the amount that the utility would have other-
    44  wise received from customers receiving power pursuant to allocations  by
    45  the  New  York  state  economic  development  power  allocation board in
    46  accordance with section one hundred eighty-nine of the economic develop-
    47  ment law, or from customers whose allocation has been transferred to  an
    48  energy  service  company, or from energy service companies to which such
    49  allocation has been transferred, pursuant to its  tariff  supervised  by
    50  the  public  service  commission  for  substantially  comparable service
    51  otherwise applicable to such customers or energy  service  companies  in
    52  the  absence  of  such  designation,  less  the utility's annual average
    53  incremental short-term variable and capacity  costs  of  providing  such
    54  power in the absence of such purchase. For the purposes of this subdivi-

    55  sion, "net utility revenue" shall mean the revenues the utility actually
    56  receives  in  accordance  with such section one hundred eighty-nine from
        A. 9039                             5
 
     1  such customers so designated by the New York state economic  development
     2  power  allocation  board  or  from  customers  whose allocation has been
     3  transferred to an energy service company, or  from  the  energy  service
     4  companies  to  which  a  power for jobs allocation has been transferred,
     5  less the utility's cost of such  power  under  such  program.  Provided,
     6  however,  that  any  credit  under  this section shall be used only with
     7  respect to the same taxable year during  which  such  credit  arose  and
     8  shall  not  be capable of being carried forward or backward to any other
     9  taxable period. Nor shall any credit be allowed to any utility  for  the

    10  total  amount  of  power,  expressed in kilowatt hours, purchased by the
    11  customers of such utility under such program during the  taxable  period
    12  that exceeds the prorated "baseline energy use" by all customers of that
    13  utility  purchasing  power under such program during the taxable period.
    14  "Baseline energy use" with respect to each customer shall mean the larg-
    15  est amount of kilowatt hours of energy used by such customer during  any
    16  twelve  consecutive  month  period occurring during the preceding thirty
    17  months immediately preceding the New  York  state  economic  development
    18  power  allocation board's recommendation of such customer's application,
    19  prorated to reflect the length of time of the  customer's  participation
    20  in  such  program during the taxable period.  Provided further, however,
    21  that in accordance with subdivision (k) of section one  hundred  eighty-

    22  nine  of  the  economic development law no tax credit shall be available
    23  for any revenue losses when a utility has  declined  to  purchase  power
    24  allocated  for sale under such program. No electric corporation shall be
    25  allowed the tax credit authorized by this  subdivision  until  it  shall
    26  file  a certificate from the department of public service for the period
    27  covered by the return verifying that the calculation of such tax  credit
    28  complies  with this subdivision and the department of public service has
    29  approved such certificate and forwarded a copy of such approved  certif-
    30  icate  to the commissioner or any amended certificate resulting from the
    31  need for correction. The credit allowed by this subdivision shall not be
    32  applicable in calculating any other tax  imposed  or  authorized  to  be
    33  imposed  by  this  chapter  or  any other law, and the amount of the tax

    34  surcharge imposed under section one hundred eighty-six-c of this article
    35  shall be calculated and payable as if the credit provided  for  by  this
    36  subdivision were not allowed.
    37    §  6.  Section  11  of  chapter  645  of the laws of 2006 amending the
    38  economic development law and other laws relating  to  reauthorizing  the
    39  New  York  power authority to make contributions to the general fund, as
    40  amended by section 6 of part Y of chapter 59 of the  laws  of  2008,  is
    41  amended to read as follows:
    42    §  11.   This act shall take effect immediately and shall be deemed to
    43  have been in full force and effect on and after April 1, 2006; provided,
    44  however, that the amendments to section 183 of the economic  development
    45  law  and  subparagraph  2 of paragraph g of the ninth undesignated para-
    46  graph of section 1005 of the public authorities law made by sections two

    47  and six of this act shall not affect the expiration of such section  and
    48  subparagraph,  respectively,  and  shall  be deemed to expire therewith;
    49  provided further, however, that the amendments to  section  189  of  the
    50  economic  development  law and subdivision 9 of section 186-a of the tax
    51  law made by sections three, four, five and ten of  this  act  shall  not
    52  affect  the  repeal  of  such section and subdivision, respectively, and
    53  shall be deemed to be repealed  therewith;  provided  further,  however,
    54  that section seven of this act shall expire and be deemed repealed [June
    55  30] May 15, [2009] 2010.
        A. 9039                             6
 
     1    §  7.    Subparagraph 2 of paragraph g of the ninth undesignated para-

     2  graph of section 1005 of the  public  authorities  law,  as  amended  by
     3  section  7  of  part  Y of chapter 59 of the laws of 2008, is amended to
     4  read as follows:
     5    2. The authority, as deemed feasible and advisable by the trustees, is
     6  authorized  to  make  payments to recipients of the power for jobs elec-
     7  tricity savings reimbursements and additional annual voluntary  contrib-
     8  utions  into  the state treasury to the credit of the general fund.  The
     9  authority shall make such contributions to the state treasury  no  later
    10  than  ninety  days  after the end of the calendar year in which a credit
    11  under subdivision nine of section one hundred eighty-six-a  of  the  tax
    12  law  is  available:  (a)  for  the additional three hundred megawatts of
    13  power under the fourth phase  of  the  program  provided  under  chapter
    14  sixty-three  of  the  laws of two thousand and under the fifth phase for

    15  the additional one hundred eighty-three megawatts provided under chapter
    16  two hundred twenty-six of the laws of two thousand two; and (b) for  any
    17  extension  of any contract for allocations under the fourth phase of the
    18  program and under the fifth phase of the program. Payments for any elec-
    19  tricity savings reimbursement under section one hundred  eighty-nine  of
    20  the  economic  development  law  shall be made pursuant to such section.
    21  Such annual contributions shall be equal to fifty percent of  the  total
    22  amount  of such credits available each year to all local distributors of
    23  electricity. In addition, such authorization for contribution  in  state
    24  fiscal  year  two thousand two--two thousand three shall be equal to the
    25  total amount of credit available in two thousand one  and  two  thousand
    26  two;  and  such  authorization for contribution in state fiscal year two

    27  thousand three--two thousand four shall be equal to the total amount  of
    28  credit  available  in  two  thousand  three;  under  subdivision nine of
    29  section one hundred eighty-six-a of the tax law under the  fourth  phase
    30  of the program for the additional three hundred megawatts provided under
    31  chapter  sixty-three  of  the  laws  of two thousand and under the fifth
    32  phase for the additional one  hundred  eighty-three  megawatts  provided
    33  under chapter two hundred twenty-six of the laws of two thousand two. In
    34  state  fiscal year two thousand four--two thousand five, such authorized
    35  annual contribution shall be equal to one hundred percent of  the  total
    36  amount  of such credits available each year to all local distributors of
    37  electricity. Such authorization for contribution in state  fiscal  years
    38  two  thousand  four  and  two  thousand five shall be equal to the total

    39  amount of credit available in two thousand four and two  thousand  five;
    40  under  subdivision  nine  of section one hundred eighty-six-a of the tax
    41  law under the fourth phase of  the  program  for  the  additional  three
    42  hundred  megawatts provided under chapter sixty-three of the laws of two
    43  thousand and under the fifth phase for the additional one hundred eight-
    44  y-three megawatts provided under chapter two hundred twenty-six  of  the
    45  laws  of  two thousand two. In addition, such authorization for contrib-
    46  ution for any extension of any contract for allocations under the fourth
    47  phase of the program and under the fifth phase of the  program  in  each
    48  state  fiscal  year  shall  be  equal  to  the total amount of credit or
    49  reimbursement available in state  fiscal  year  two  thousand  four--two
    50  thousand five, state fiscal year two thousand five--two thousand six and

    51  two  thousand six--two thousand seven. Additionally, notwithstanding any
    52  other section of law, the authority is authorized to make a contribution
    53  in an amount related to total amounts of credit  received  under  phases
    54  one,  two,  three,  four  and  five of the program. In no case shall the
    55  contribution for state fiscal year two thousand five--two  thousand  six
    56  be  less  than  seventy-five million dollars. The contribution for state
        A. 9039                             7
 
     1  fiscal year two thousand six--two thousand seven shall  be  one  hundred
     2  million  dollars.  The  contribution  for state fiscal year two thousand
     3  seven--two thousand eight shall be thirty million dollars. The  contrib-
     4  ution  for state fiscal year two thousand eight--two thousand nine shall
     5  be twenty-five million dollars. The contribution for state  fiscal  year

     6  two thousand nine--two thousand ten shall be twelve million five hundred
     7  thousand  dollars.  The  department of public service shall estimate the
     8  payment due by the end of the calendar  year  in  which  the  credit  is
     9  available. In no case shall the amount of the total annual contributions
    10  for  the  years  during which delivery and sale of power associated with
    11  all power for jobs phases and any extensions thereof takes place  exceed
    12  the  aggregate total of four hundred [forty-nine] sixty-one million five
    13  hundred thousand dollars.
    14    § 8.  Section 1005 of the public authorities law is amended by  adding
    15  a new subdivision 16 to read as follows:
    16    16.   a. To promote the conservation and efficient use of electricity,

    17  the power authority of the state of New York shall undertake or cause to
    18  be undertaken energy audits in connection with the economic  development
    19  power, expansion power, replacement power, preservation power, high load
    20  factor power, municipal distribution agency power and the power for jobs
    21  programs.   Energy audits shall be conducted for a representative sample
    22  of the recipients of such low-cost  power  programs.  The  audits  shall
    23  assess  a  recipient's electricity use to determine cost-effective meas-
    24  ures that could be employed to  reduce  energy  costs,  energy  use,  or
    25  improve  the efficiency of buildings, building systems, equipment, proc-
    26  esses or operations. The representative sample shall take into consider-

    27  ation the program of enrollment, type of business, geography for  state-
    28  wide  programs  and allocation size. Recipients' energy audits performed
    29  up to five years prior to the effective date of this subdivision may  be
    30  considered.    Costs  of  the  energy  audits shall be paid by the power
    31  authority of the state of New York as deemed feasible and  advisable  by
    32  the board. For purposes of implementing this subdivision only, the power
    33  authority  or  its  agent  is  authorized  to apply for funding from any
    34  program that pays all or some of the costs of such audits, and the power
    35  authority or its agent shall be entitled to receive such funding  as  if
    36  the recipient of such low-cost power had applied for the funding direct-
    37  ly.

    38    b.  The  authority  shall  complete  and submit a report on the energy
    39  audit program to the governor, the speaker of the assembly,  the  tempo-
    40  rary president of the senate, the minority leader of the senate, and the
    41  minority leader of the assembly, the chair of the senate finance commit-
    42  tee,  the  chair  of the assembly ways and means committee, the chair of
    43  the assembly energy committee and the chair of  the  senate  energy  and
    44  telecommunications committee and the state comptroller by February twen-
    45  ty-eighth, two thousand ten.
    46    § 9. (a) The power authority of the state of New York, in consultation
    47  with the department of economic development, shall complete and submit a
    48  report  on  the  power  authority's low cost power programs.  The report

    49  shall examine the replacement, expansion, preservation  power  programs,
    50  the  industrial  economic  development power program, the power for jobs
    51  programs, and the economic cost saving benefits power programs. Informa-
    52  tion to be presented in the  report  shall  reflect  the  state  of  the
    53  programs  as  of  June 30, 2009 and the year prior and shall include but
    54  not be limited to:
    55    i. a short history of the programs;
        A. 9039                             8
 
     1    ii. a complete list of all recipients of  these  programs  grouped  by
     2  program;
     3    iii. the city or town and county of each recipient;
     4    iv. the allocation allotted to each recipient;
     5    v. annualized retail value of each program;
     6    vi.  the original employment commitment from each recipient;
     7    vii. the current employment level for each recipient;

     8    viii.  an assessment of the economic benefits to New York, which shall
     9  include, but not be limited to: jobs  created  and  retained,  level  of
    10  capital  investment, wage and benefit levels, and the effect of regional
    11  economies; and shall include  an  assessment  on  the  effect  of  these
    12  programs  considering  the  ongoing economic conditions in the state and
    13  any methodology used in analyses in this report; and
    14    ix. the energy procurement practices, including all  supply  side  and
    15  demand  side  activities,  the  authority  uses to meet the capacity and
    16  needs of its customers.
    17    The report shall also include a brief description  of  the  preference
    18  power  program  including  the  total  power available to the program as
    19  measured in megawatts, the total power used by the program  as  measured
    20  in  megawatt  hours  for  the  program as a whole and by utility service

    21  area, an estimated annualized retail  value  for  the  program  and  the
    22  metric  for  calculating  that value.   The report shall be submitted by
    23  December 30, 2009 to the governor, the  speaker  of  the  assembly,  the
    24  temporary  president  of  the senate, the minority leader of the senate,
    25  the minority leader of the assembly, the chair  of  the  senate  finance
    26  committee, the chair of the assembly ways and means committee, the chair
    27  of  the  assembly  energy  committee, the chair of the senate energy and
    28  telecommunications committee, and the state  comptroller  and  shall  be
    29  made available on the authority's website.
    30    (b)  The power authority of the state of New York shall provide copies
    31  of all reports required by subdivision 14 of section 1005 of the  public
    32  authorities law, for the year 2006, 2007, 2008 and 2009 to the governor,

    33  the  speaker of the assembly, the temporary president of the senate, the
    34  minority leader of the senate, and the minority leader of the  assembly,
    35  the  chair  of  the  senate finance committee, the chair of the assembly
    36  ways and means committee, the chair of the assembly energy committee and
    37  the chair of the senate energy and telecommunications committee, and the
    38  state comptroller by December 30, 2009.
    39    § 10. Severability clause. If any clause, sentence, paragraph,  subdi-
    40  vision,  section  or  part of this act shall be adjudged by any court of
    41  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    42  impair,  or  invalidate  the remainder thereof, but shall be confined in
    43  its operation to the clause, sentence, paragraph,  subdivision,  section
    44  or part thereof directly involved in the controversy in which such judg-

    45  ment shall have been rendered. It is hereby declared to be the intent of
    46  the  legislature  that  this  act  would  have been enacted even if such
    47  invalid provisions had not been included therewith.
    48    § 11. This act shall take effect immediately; provided that the amend-
    49  ments to sections 183 and 189 of the economic development law,  subdivi-
    50  sion 9 of section 186-a of the tax law and subparagraph 2 of paragraph g
    51  of  the  ninth  undesignated  paragraph  of  section  1005 of the public
    52  authorities law, made by sections one, two, three,  five  and  seven  of
    53  this  act,  shall not affect the expiration of such provisions and shall
    54  be deemed repealed therewith.