STATE OF NEW YORK
________________________________________________________________________
8368
IN SENATE
May 3, 2018
___________
Introduced by Sen. GRIFFO -- read twice and ordered printed, and when
printed to be committed to the Committee on Energy and Telecommuni-
cations
AN ACT to amend the economic development law, in relation to recharge
New York power
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph 8 of subdivision (a) of section 188-a of the
2 economic development law, as added by section 2 of part CC of chapter 60
3 of the laws of 2011, is amended to read as follows:
4 (8) "Recharge New York power" shall mean and consist of equal amounts
5 of (i) four hundred fifty-five megawatts of firm hydroelectric power
6 from the Niagara and Saint Lawrence hydroelectric projects to be with-
7 drawn from utility corporations that, prior to the effective date of
8 this section, purchased such power for the benefit of their domestic and
9 rural consumers ("recharge New York hydropower"), and (ii) power
10 procured by the authority through a competitive procurement process,
11 authority sources (other than the Niagara and Saint Lawrence projects)
12 or through an alternate method ("recharge New York market power");
13 provided, however, that if such recharge New York market power comes
14 from authority sources, the use of that power shall not reduce the
15 availability of, or cause an increase in the price of, power provided by
16 the authority for any other program authorized in this article or pursu-
17 ant to any other statute; provided, further, however that if such
18 recharge New York market power comes from authority sources, the use of
19 that power shall be at least eight percent less than default service.
20 § 2. Paragraph 3 of subdivision (c) of section 188-a of the economic
21 development law, as added by section 2 of part CC of chapter 60 of the
22 laws of 2011, is amended to read as follows:
23 (3) The board's recommendation shall require that if the actual
24 metered load at the facility where the allocation is utilized is less
25 than the allocation, such allocation will be reduced accordingly,
26 provided that, the recipient may elect to reduce the recharge New York
27 market power allocation first, and provided further that, under its
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15087-01-8
S. 8368 2
1 contract with the authority, the recipient shall be afforded a reason-
2 able period within which to fully utilize the allocation, taking into
3 account construction schedules and economic conditions. The authority
4 shall reallocate any withdrawn or relinquished power for the recharge
5 New York power program consistent with paragraph four of this subdivi-
6 sion.
7 § 3. Paragraph 7 of subdivision (c) of section 188-a of the economic
8 development law, as added by section 2 of part CC of chapter 60 of the
9 laws of 2011, is amended to read as follows:
10 (7) The board shall not recommend a total of recharge New York power
11 allocations in excess of nine hundred ten megawatts except upon the
12 unanimous recommendation of the board.
13 § 4. This act shall take effect immediately.
