(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 and shall cease August first, two
thousand twenty-three. The total annual amount of monthly payments for
each of the three twelve month periods following withdrawal of such
hydroelectric 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 through the final period ending
August first, two thousand twenty-three 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, provided
that in the final twelve month period ending August first, two thousand
twenty-three, the amount dedicated for agricultural producers shall not
exceed twenty percent of the amount made available for the overall
residential consumer electricity cost discount. 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.
* NB Effective until January 1, 2024
* 13-b. Agricultural consumer electricity cost discount. (1)
Notwithstanding any provision of this title or article six of the
economic development law to the contrary, the authority is authorized,
beginning in two thousand twenty-four, 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
agricultural producers who receive electric service at the residential
rate who enjoyed the benefits of authority hydroelectric power withdrawn
pursuant to subdivision thirteen-a of this section, and who were
previously eligible to receive benefits under the agricultural consumer
electricity cost discount created by section four of part CC of chapter
sixty of the laws of two thousand eleven, 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 September first, two thousand twenty-four. The total annual
amount of monthly payments shall not exceed five million dollars.
(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.
(b) 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.
* NB Effective January 1, 2024
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.
** NB Repealed June 30, 2024
(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, 2033
27-a. (a) The authority is authorized and directed, to:
(i) plan, design, develop, finance, construct, own, operate, maintain
and improve, either alone, or jointly with other entities through the
use of public-private agreements established in paragraph (f) of this
subdivision, renewable energy generating projects in the state,
including its territorial waters, and/or on property or in waters under
the jurisdiction or regulatory authority of the United States, or any
component thereof, to: support the state's renewable energy goals
established pursuant to the climate leadership and community protection
act; provide or maintain an adequate and reliable supply of electric
power and energy in the state, including but not limited to, high need
areas and communities served by small natural gas power plants as
defined in this section; and support the renewable energy access and
community help program established pursuant to subdivision
twenty-seven-b of this section; subject to the strategic plan developed
and updated pursuant to paragraph (e) of this subdivision approved by
the trustees of the authority, provided that the authority, or a wholly
owned subsidiary thereof, shall at all times maintain majority ownership
of any such project, and provided further that the authority, any
subsidiary thereof, or any other entity participating in a
public-private agreement established in paragraph (f) of this
subdivision, shall only design, develop, finance, construct, own,
operate, maintain and improve projects pursuant to this subdivision that
have been identified in the strategic plan or its updates as provided in
subparagraph (v) of paragraph (e) of this subdivision; and
(ii) notwithstanding any conflicting provision of title five-A of
article nine of this chapter, acquire from willing sellers, lease, or
dispose of property interests related to the development or disposition
of renewable energy generating projects authorized by this paragraph
through a competitive selection process or by negotiation, provided that
the authority and any subsidiary thereof shall receive not less than
fair market value, supported by an appraisal prepared by an independent
appraiser, for the disposal of any interest in any renewable energy
generating project.
(b) The authority, its subsidiaries or any entity participating in a
public-private agreement established in paragraph (f) of this
subdivision or acting on behalf of the authority, when developing
renewable energy generating projects authorized in this subdivision, or
subdivision twenty-seven-b of this section, shall: (i) not develop,
except when necessary for generator lead lines and other equipment
needed for interconnection of projects to the electric system, on
property that consists of land used in agricultural production, taking
into consideration whether the land is within an agricultural district
or contains mineral soil groups 1-4, as defined by the department of
agriculture and markets, unless a renewable energy generation project is
in furtherance of an agrivoltaics project; (ii) minimize harm to
wildlife, ecosystems, public health and public safety; and (iii) not
build on lands located upon any Native American territory or reservation
located wholly or partly within the state, except through voluntary sale
or other agreement for such use with the consent of the relevant nation
and any required consent of the federal government.
(c) Renewable energy generating projects developed by the authority,
or a wholly owned subsidiary, pursuant to this subdivision or
subdivision twenty-seven-b of this section that meet eligibility
criteria under state programs administered by the public service
commission and the New York state energy research and development
authority shall be eligible to receive renewable energy certificates in
accordance with such programs consistent with laws and regulations.
(d) No later than one hundred eighty days after the effective date of
this subdivision, and annually thereafter, the authority shall confer
with the New York state energy research and development authority, the
office of renewable energy siting, the department of public service,
climate and resiliency experts, labor organizations, and environmental
justice and community organizations concerning the state's progress on
meeting the renewable energy goals established by the climate leadership
and community protection act. When exercising the authority provided for
in paragraph (a) of this subdivision, the information developed through
such conferral shall be used to identify projects to help ensure that
the state meets its goals under the climate leadership and community
protection act. Any conferral provided for in this paragraph shall
include consideration of the timing of projects in the interconnection
queue of the federally designated electric bulk system operator for New
York state, taking into account both capacity factors or planned
projects and the interconnection queue's historical completion rate. A
report on the information developed through such conferral shall be
published and made accessible on the website of the authority.
(e) (i) Beginning in two thousand twenty-five, and biennially
thereafter until two thousand thirty-three, the authority, in
consultation with the New York state energy research and development
authority, the office of renewable energy siting, the department of
public service, and the federally designated electric bulk system
operator for New York state, shall develop and publish biennially a
renewable energy generation strategic plan ("strategic plan") that
identifies the renewable energy generating priorities based on the
provisions of paragraph (a) of this subdivision for the two-year period
covered by the plan as further provided for in this paragraph.
(ii) In developing, and updating, the strategic plan, the authority
shall consider:
(A) information developed pursuant to paragraph (d) of this
subdivision;
(B) high need areas where transmission and distribution upgrades will
be necessary to interconnect new renewable energy generation projects;
(C) the feasibility of projects, based on costs, potential benefits,
and other relevant considerations;
(D) the fiscal condition of the authority and the impacts of potential
renewable energy generating projects on the authority and its
subsidiaries;
(E) ways to minimize any negative tax revenue impacts on
municipalities that host renewable energy generating projects, including
but not limited to, PILOT and/or community benefit agreements;
(F) the timing, characteristics and size of the renewable energy
generating projects in the interconnection queue of the federally
designated electric bulk system operator for New York state;
(G) in consultation with the federally designated electric bulk system
operator for New York state, the power, energy and ancillary services
provided by planned renewable energy generating projects, taking into
account the historical completion rate of similar projects; and
(H) opportunities to work in partnership with private sector renewable
energy developers to accelerate activity, catalyze greater scale, and
spur additional market participation.
(iii) The strategic plan shall address the purposes stated in
paragraph (a) of this subdivision, and prioritize projects that:
(A) actively benefit disadvantaged communities;
(B) serve publicly-owned facilities; and
(C) support the renewable energy access and community help program
established pursuant to subdivision twenty-seven-b of this section.
(iv) The strategic plan shall assess and identify at a minimum:
(A) renewable energy generating high need and priority areas;
(B) priority locations for the development of renewable energy
generating projects;
(C) the types and capacity of renewable energy resources to be
utilized;
(D) the estimated cost of renewable energy generating projects to the
extent known;
(E) a description of any delays or anticipated delays associated with
completion of the renewable energy generating projects;
(F) which of the intended purposes in paragraph (a) of this
subdivision each renewable energy generating project is intended to
support;
(G) any prioritization given to the order of development of renewable
energy generating projects;
(H) the benefits associated with the renewable energy generating
projects, including any benefits to disadvantaged communities;
(I) any benefits to rate payers;
(J) the state's progress towards achieving the renewable energy goals
of the climate leadership and community protection act; and
(K) any other information the authority determines to be appropriate.
(v) The plan shall include a list of proposed renewable energy
generating projects. Such list shall include projects that are planned
to be commenced prior to the next update or version of the plan, and at
the authority's discretion need not include any projects in the planning
stage. Each proposed project listed shall include, without limitation:
(A) location of the project, to the extent that property associated
with such location has been secured for the proposed project;
(B) the type, or types, of renewable energy resources utilized;
(C) the potential generating capacity of each project;
(D) the estimated project cost;
(E) the timeline for completion; and
(F) the entity undertaking the proposed project and any public
partnership agreements the authority or its subsidiaries enter into for
such project.
(vi) In developing the strategic plan, the authority shall consult
with stakeholders including, without limitation, climate and resiliency
experts, labor organizations, environmental justice communities,
disadvantaged community members, residential and small business
ratepayer advocates, and community organizations. The authority shall
also seek, where possible, community input through the regional clean
energy hubs program administered by the energy research and development
authority.
(vii) The authority shall post a draft of the strategic plan on its
website for public comment for a period of at least sixty days, and
shall hold at least three public hearings on the draft strategic plan in
regionally diverse parts of the state.
(viii) The authority shall after considering the stakeholder input
publish the first final strategic plan on its website no later than
January thirty-first, two thousand twenty-five.
(ix) The authority, until two thousand thirty-five, shall update each
biennial strategic plan annually, after a public comment period of at
least thirty days and at least one public hearing. Such updated
strategic plan shall include a review of the implementation of the
projects previously included in the strategic plan with necessary
updates, including status in the interconnection queue. The authority
may update the plan more often than annually provided that it follows
the public comment and public hearing process for updated plans
prescribed by this paragraph.
(x) The strategic plan and any update thereof shall not be deemed
final until it is approved by the authority's trustees.
(f) The authority shall have the right to exercise and perform all or
part of its powers and functions pursuant to this subdivision or
subdivision twenty-seven-b of this section, through one or more wholly
owned subsidiaries. The authority may form such subsidiary by acquiring
the voting shares thereof or by resolution of the board directing any of
its trustees, officers or employees to organize a subsidiary pursuant to
the business corporation law, or the not-for-profit corporation law, or
as otherwise authorized by law. Such resolution shall prescribe the
purpose for which such subsidiary is to be formed, which shall not be
inconsistent with the provisions of this subdivision. Each such
subsidiary pursuant to this subdivision shall be subject to any
provision of this chapter pertaining to subsidiaries of public
authorities, except that subdivision three of section twenty-eight
hundred twenty-seven-a of this chapter shall not apply to any subsidiary
organized pursuant to this section. The authority may transfer to any
such subsidiary any moneys, property (real, personal or mixed) or
facilities in order to carry out the purposes of this subdivision. Each
such subsidiary shall have all the privileges, immunities, tax
exemptions and other exemptions of the authority to the extent the same
are not inconsistent with the statute or statutes pursuant to which such
subsidiary was incorporated; provided, however, that in any event any
such subsidiary shall be entitled to exemptions from the public service
law and any regulation by, or the jurisdiction of, the public service
commission, except as otherwise provided in this subdivision or
subdivision twenty-seven-b of this section. In exercising the authority
provided for in paragraph (a) of this subdivision, the authority or any
subsidiary thereof, may enter into public-private partnership
agreements, to the extent the authority determines that such
collaborations are in the best interest of the state, and necessary to
mitigate financial risks to the authority to manageable levels as
determined by the trustees. Nothing in this subdivision shall be
construed as authorizing any private entity that enters into a
public-private partnership or a similar agreement, or any contract
authorized herein, with the authority or a subsidiary thereof, to
receive, exercise or claim entitlement to any of the privileges,
immunities, tax exemptions or other exemptions of the authority or any
subsidiary thereof.
(g) The source of any financing and/or loans for any of the actions
authorized in this subdivision may include: (i) the proceeds of notes
issued pursuant to section one thousand nine-a of this title; (ii) the
proceeds of bonds issued pursuant to section one thousand ten of this
title; (iii) other funds made available by the authority for such
purposes; or (iv) any other funds made available to the authority from
non-authority sources including but not limited to state or federal
monies.
(h) For any renewable energy generating project authorized by this
subdivision, identified in the strategic plan and developed after its
effective date, the authority is authorized, pursuant to law and
regulation, to:
(i) sell renewable energy credits or attributes to, the New York state
energy research and development authority, including for the purpose of
supporting the greenhouse gas emission reduction goals in the climate
leadership and community protection act;
(ii) sell renewable power and energy and ancillary services to, or
into, markets operated by the federally designated electric bulk system
operator for New York state;
(iii) sell renewable power and energy and renewable energy credits or
attributes to: (A) any load serving entity in the state, including the
Long Island power authority (directly, or through its service provider,
as appropriate), including but not limited to the purpose of providing
bill credits to low-income or moderate-income end-use electricity
consumers in disadvantaged communities for renewable energy produced by
renewable energy systems as provided for in subdivision twenty-seven-b
of this section;
(B) manufacturers of green hydrogen produced through electrolysis or
other zero-emission technology to displace fossil fuel use in the state
for use at facilities located in the state;
(C) any public entity or authority customer;
(D) community distributed generation providers, energy aggregators and
similar entities for the benefit of subscribers to community distributed
generation projects in the state, including low-income or
moderate-income end-use electricity consumers located in disadvantaged
communities; and
(E) any CCA community.
(i) 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 renewable energy credits or other attributes under a CCA program.
(iii) "CCA program" means a community choice aggregation program
approved by the public service commission.
(iv) "Disadvantaged communities" has the meaning ascribed to that term
by subdivision five of section 75-0101 of the environmental conservation
law.
(v) "Public entity" has the same meaning as in subparagraph five of
paragraph (b) of subdivision seventeen of this section.
(vi) "Renewable energy generating project" or "project" means:
(A) facilities that generate power and energy by means of a renewable
energy system;
(B) facilities that store and discharge power and energy; and
(C) facilities, including generator lead lines, for interconnection of
renewable energy generating projects to delivery points within the state
of New York.
(vii) "Renewable energy system" has the same meaning as section
sixty-six-p of the public service law.
(j) The authority shall complete and submit a report, on or before
January thirty-first, two thousand twenty-five, and annually thereafter,
to the governor, the speaker of the assembly, and the temporary
president of the senate, and shall post such report on the authority's
website such that the report is accessible for public review. Such
report shall include, but not be limited to:
(i) a description of the renewable energy projects the authority has
planned, designed, developed, financed, or constructed and that it owns,
operates, maintains or improves, alone or jointly with other entities,
under the authority of this subdivision;
(ii) a description of the acquisition, lease or other disposition of
interests in renewable energy generating projects by the authority under
this subdivision;
(iii) a listing of all renewable power, energy, ancillary services and
related credits and attributes sold or purchased by the authority from
such projects;
(iv) a listing of the entities to which the authority has supplied,
allocated or sold any renewable power, energy, ancillary services or
related credits or attributes from such projects;
(v) a listing and description of all subsidiaries that the authority
formed, public-private partnerships the authority has joined, and the
subsidiaries and public-private partnerships from and to which the
authority acquired or transferred any interests;
(vi) the total amount of revenues generated from the sale of renewable
energy products from such projects; and
(vii) an explanation of how each renewable energy generation project
supports the purposes listed in paragraph (a) of this subdivision.
(k) All renewable energy generating projects subject to this
subdivision and subdivision twenty-seven-b of this section shall be
deemed public work and subject to and performed in accordance with
articles eight and nine of the labor law. Each contract for such
renewable energy generating project shall contain a provision that such
projects may only be undertaken pursuant to a project labor agreement.
For purposes of this subdivision and subdivision twenty-seven-b of this
section, "project labor agreement" shall mean a pre-hire collective
bargaining agreement between the authority, or a third party on behalf
of the authority, and a bona fide building and construction trade labor
organization establishing the labor organization as the collective
bargaining representative for all persons who will perform work on a
public work project, and which provides that only contractors and
subcontractors who sign a pre-negotiated agreement with the labor
organization can perform project work. All contractors and
subcontractors associated with this work shall be required to utilize
apprenticeship agreements as defined by article twenty-three of the
labor law.
(l) The authority shall include requirements in any procurement or
development of a renewable energy generating project, as defined in this
subdivision, that the components and parts shall be produced or made in
whole or substantial part in the United States, its territories or
possessions. The authority's president and chief executive officer, or
his or her designee may waive the procurement and development
requirements set forth in this paragraph if such official determines
that: the requirements would not be in the public interest; the
requirements would result in unreasonable costs; obtaining such
infrastructure components and parts in the United States would increase
the cost of a renewable energy generating project by an unreasonable
amount; or such components or parts cannot be produced, made, or
assembled in the United States in sufficient and reasonably available
quantities or of satisfactory quality. Such determination must be made
on an annual basis no later than December thirty-first, after providing
notice and an opportunity for public comment, and such determination
shall be made publicly available, in writing, on the authority's website
with a detailed explanation of the findings leading to such
determination. If the authority's president and chief executive officer,
or his or her designee, has issued determinations for three consecutive
years finding that no such waiver is warranted pursuant to this
paragraph, then the authority shall no longer be required to provide the
annual determination required by this paragraph.
(m) (i) Nothing in this subdivision or subdivision twenty-seven-b of
this section shall alter the rights or benefits, and privileges,
including, but not limited to terms and conditions of employment, civil
service status, and collective bargaining unit membership, of any
current employees of the authority.
(ii) Nothing in this article shall result in: (A) the discharge,
displacement, or loss of position, including partial displacement such
as a reduction in the hours of non-overtime work, wages, or employment
benefits; (B) the impairment of existing collective bargaining
agreements; (C) the transfer of existing duties and functions; or (D)
the transfer of future duties and functions, of any currently employed
worker of the state or any agency, public authority or the state
university of New York.
(n) The authority shall enter into a memorandum of understanding for
the operation and maintenance of a renewable energy generating project
developed pursuant to this subdivision or subdivision twenty-seven of
this section with a bona fide labor organization of jurisdiction that is
actively engaged in representing transitioning employees from
non-renewable generation facilities. Such memorandum shall be entered
into prior to the completion date of a renewable energy generating
project and shall be an ongoing material condition of authorization to
operate and maintain a renewable energy generating project developed
pursuant to this subdivision or subdivision twenty-seven-b of this
section. The memorandum shall only apply to the employees necessary for
the maintenance and operation of such renewable energy generating
projects. Such memorandum shall contain but not be limited to safety and
training standards, disaster response measures, guaranteed hours,
staffing levels, pay rate protection, and retraining programs. The
employees eligible for these positions shall first be selected from a
pool of transitioning workers who have lost their employment or will be
losing their employment in the non-renewable energy generation sector.
Such list of potential employees will be provided by affected labor
organizations and provided to the department of labor. The department of
labor shall update and provide such list to the authority ninety days
prior to purchase, acquisition, and/or construction of any project under
this subdivision or subdivision twenty-seven-b of this section.
(o) For the purposes of article fifteen-A of the executive law, any
person entering into a contract for a project authorized pursuant to
this section shall be deemed a state agency as that term is defined in
such article and such contracts shall be deemed state contracts within
the meaning of that term as set forth in such article.
(p) Nothing in this subdivision or subdivision twenty-seven-b of this
section, shall be construed as exempting the authority, its
subsidiaries, or any renewable energy generating projects undertaken
pursuant to this section from the requirements of section ninety-four-c
of the executive law respecting any renewable energy system developed by
the authority or an authority subsidiary after the effective date of
this subdivision that meets the definition of "major renewable energy
facility" as defined in section ninety-four-c of the executive law and
section eight of part JJJ of chapter fifty-eight of the laws of two
thousand twenty, as it relates to host community benefits, and section
11-0535-c of the environmental conservation law as it relates to an
endangered and threatened species mitigation bank fund.
(q) All renewable energy generating projects the authority plans to
undertake pursuant to the authority and directive of paragraph (a) of
this subdivision, and identified in the strategic plan, shall be subject
to review and approval of the authority's board of trustees.
27-b. (a) Definitions. For purposes of this subdivision, the following
terms shall have the following meanings:
(i) "bill credit" means a monthly monetary credit which is funded by
the authority, as further determined by the public service commission
and appears on the utility bill of a low-income or moderate-income
end-use electricity consumer located in a disadvantaged community, for
renewable energy produced by renewable energy systems developed,
constructed, owned, or contracted for by the power authority of the
state of New York and injected into a distribution or transmission
facility at one or more points in New York state, together with any
enhanced incentive payments for a community distributed generation
project serving a disadvantaged community provided for in paragraph (b)
of subdivision seven of section sixty-six-p of the public service law,
together with any other funding made available by the authority for such
purposes;
(ii) "disadvantaged community" means a community defined as a
disadvantaged community in accordance with article seventy-five of the
environmental conservation law;
(iii) "jurisdictional load serving entity" has the same meaning as
defined in paragraph (a) of subdivision one of section sixty-six-p of
the public service law;
(iv) "low-income or moderate-income end-use consumer" shall mean
end-use customers of electric corporations and combination gas and
electric corporations regulated by the public service commission whose
income is found to be below the state median income based on household
size;
(v) "renewable energy" means electrical energy produced by a renewable
energy system;
(vi) "renewable energy systems" has the same meaning as defined in
paragraph (b) of subdivision one of section sixty-six-p of the public
service law; and
(vii) "qualified energy storage system" has the same meaning as
defined in subdivision one of section seventy-four of the public service
law.
(b) The authority is authorized and directed, as deemed feasible and
advisable by its trustees, to establish a program, as soon as
practicable, to be known as the "renewable energy access and community
help program" or "REACH", that will enable low-income or moderate-income
end-use electricity consumers in disadvantaged communities, including
such end-use electricity customers who reside in buildings that have
on-site net-metered generation or who participate in a community choice
aggregation or community distributed generation project, unless they opt
out of REACH, to receive bill credits generated by the production of
renewable energy by a renewable energy system planned, designed,
developed, financed, constructed, owned, operated, maintained or
improved, or contracted for by the authority as a renewable energy
generating project pursuant to subdivision twenty-seven-a of this
section. Such bill credits shall be in addition to any other renewable
energy program or any other program or benefit that end-use electricity
consumers in disadvantaged communities receive. For purposes of this
subdivision, a renewable energy system developed, constructed, owned, or
contracted for by the authority shall be: (i) sized up to and including
five megawatts alternating current and interconnected to the
distribution system or transmission system in the service territory of
the electric utility that serves the end-use electricity consumers that
receive bill credits; or (ii) sized above five megawatts alternating
current and interconnected to the distribution or transmission system at
one or more points anywhere within the state.
(c) For purposes of implementing REACH, the authority is authorized
and directed, as deemed feasible and advisable by the trustees, to:
(i) pursuant to the authority provided in paragraph (a) of subdivision
twenty-seven-a of this section, develop, construct, own, and/or operate
renewable energy generating projects;
(ii) contract for the development, construction and/or operation of
renewable energy systems;
(iii) sell, purchase, and otherwise contract regarding renewable
energy, renewable energy credits or attributes and other energy products
and services generated by renewable energy generating projects; and
(iv) enter into contracts for purposes of implementing REACH,
including but not limited to agreements with developers, owners and
operators of renewable energy systems, and agreements with
jurisdictional load serving entities and the Long Island power
authority, or its service provider, to provide for bill credits to
end-use electricity consumers in disadvantaged communities for renewable
energy produced by renewable energy systems, upon terms and conditions
approved by the public service commission pursuant to subdivisions seven
and eight of section sixty-six-p of the public service law.
(d) The authority shall complete and submit a report, on or before
January thirty-first, two thousand twenty-five, and annually thereafter,
to the governor, the speaker of the assembly, the temporary president of
the senate, the minority leader of the assembly, and the minority leader
of the senate which shall be posted on the authority's website, and
shall include, but not be limited to:
(i) contracts entered into by the authority for the development,
construction and/or operation of renewable energy systems that are
intended in whole or in part to support REACH, and the planned location
of such projects;
(ii) renewable energy systems that are being planned and developed or
that have been developed by or for the authority that are intended in
whole or in part to support REACH, and the location of such projects;
(iii) an estimate of the aggregate amount of bill credits provided to
end-use electricity consumers in disadvantaged communities under REACH;
(iv) an estimate of: (A) the total amount of revenues generated from
the sale of renewable capacity, energy, renewable credits or attributes,
and related ancillary services that are used to fund bill credits; and
(B) any other authority funds, as determined to be feasible and
advisable by the trustees, the authority has contributed for the purpose
of funding bill credits under REACH;
(v) the amount of energy produced by each facility; and
(vi) the kilowatt-hour sales by project.
(e) The authority may request from any department, division, office,
commission or other agency of the state or any state public authority,
and the same are authorized to provide, such assistance, services and
data as may be required by the authority in carrying out the purposes of
this subdivision.
(f) Within one year of the effective date of this subdivision, the
authority shall issue a report to the governor, the speaker of the
assembly, the temporary president of the senate, the minority leader of
the assembly, and the minority leader of the senate that addresses the
feasibility and advisability of implementing a program similar to REACH
for the purpose of providing bill credits to low-income or
moderate-income end-use electricity consumers located in disadvantaged
communities in the service territories of municipal distribution
utilities and rural electric cooperatives located in New York state. The
authority may confer with any municipal distribution utility or its
representatives, and any rural electric cooperative or its
representatives, and may request from any municipal distribution
utility, rural electric cooperative, department, division, office,
commission or other agency of the state or state public authority, and
the same are authorized to provide, such assistance, services and data
as may be required by the authority to complete the report.
(g) Nothing in this subdivision shall be construed as authorizing any
private entity that enters into a public-private partnership or a
similar agreement, or any contract authorized herein, with the authority
or an authority subsidiary, to receive, exercise or claim entitlement to
any of the privileges, immunities, tax exemptions or other exemptions of
the authority or any authority subsidiary.
27-c. (a) Within two years of the effective date of this subdivision,
the authority shall publish a plan providing for the proposed phase out,
by December thirty-first, two thousand thirty, of the production of
electric energy from its small natural gas power plants. The plan shall
include a proposed strategy to replace, where appropriate, the small
natural gas power plants with renewable energy systems, as defined in
section sixty-six-p of the public service law, including renewable
energy generating projects authorized pursuant to subdivision
twenty-seven-a of this section provided such projects shall be included
in the strategic plan established pursuant to subdivision twenty-seven-a
of this section. By December thirty-first, two thousand thirty, the
authority shall cease production of electricity at each of its small
natural gas power plants should the authority determine that such plant
or plants, or the electricity production therefrom are not needed for
any of the following purposes: (i) emergency power service; or (ii)
electric system reliability, including but not limited to, operating
facilities to maintain power system requirements for facility thermal
limits, voltage limits, frequency limits, fault current duty limits, or
dynamic stability limits, in accordance with the system reliability
standards of the North American electric reliability corporation,
criteria of the northeast power coordinating council, rules of the New
York state reliability council, and as applicable, reliability rules of
the utility in whose service territory a small natural gas power plant
is located. Notwithstanding any other provision of this paragraph, the
authority may continue to produce electric energy at any of the small
natural gas power plants if existing or proposed replacement generation
resources would result in more than a de minimis net increase of
emissions of carbon dioxide or criteria air pollutants within a
disadvantaged community as defined in subdivision five of section
75-0101 of the environmental conservation law. The authority shall file
deactivation notices with the federally designated electric bulk system
operator for the state of New York for the purpose of ceasing
electricity production from the small natural gas power plants in a
timeframe sufficient to facilitate the cessation of electricity
production pursuant to this paragraph.
(b) In determining whether to cease electricity production from any
small natural gas power plant, the authority is authorized to confer
with the federally designated electric bulk system operator for the
state, the New York state energy research and development authority, the
department of public service, and the distribution utility in whose
service territory such small natural gas power plant operates, in
addition to such other stakeholders as the authority determines to be
appropriate. Determinations shall be on a plant by plant basis, be
updated no less than every two years, and be made publicly available
along with the supporting documentation on which the determination was
based. In making such determinations, the authority shall provide an
opportunity for public comment of not less than sixty days prior to the
public hearing and shall hold at least one public hearing in the
affected community.
(c) Nothing in this subdivision is intended to, nor shall be construed
to, prohibit the authority in its discretion from using, or permitting
the use of, including through lease, sale, or other arrangement, any
small natural gas power plant or its site or associated infrastructure
in whole or in part for electric system purposes that does not involve
the combustion of fossil fuels, including, but not limited to providing
system voltage support, energy storage, interconnection of existing or
new renewable generation, or the use of the generator step up
transformers and substations for transmission or distribution purposes
provided that such use, lease, sale, or other arrangement shall comply
with existing law.
(d) For purposes of this subdivision, the term "small natural gas
power plant" or "plant" means each of the seven electric generating
power plants owned and operated by the authority located at six sites in
Bronx, Brooklyn, Queens and Staten Island and one site in Brentwood,
Suffolk county, which each use one or more simple cycle combustion
turbine units, totaling eleven units, fueled by natural gas and which
typically operate during periods of peak electric system demand.
27-d. Beginning in state fiscal year two thousand twenty-four--two
thousand twenty-five, the authority is authorized, as deemed feasible
and advisable by the trustees, to make available an amount up to
twenty-five million dollars annually to the department of labor to fund
programs established or implemented by or within the department of
labor, including but not limited to the office of just transition and
programs for workforce training and retraining, to prepare workers for
employment for work in the renewable energy field.
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.
30. To establish decarbonization action plans for state-owned
facilities as provided for in section ninety of the public buildings
law, and to consult, cooperate, and coordinate with any state entity, as
required or authorized in article four-D of the public buildings law.
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.
Structure New York Laws
Article 5 - Public Utility Authorities
Title 1 - Power Authority of the State of New York
1001-A - Emergency Provisions for the Metropolitan Area of the City of New York.
1002 - Power Authority of the State of New York.
1004 - Officers and Employees; Expenses.
1005 - Powers and Duties of Authority.
1005-A - Actions or Contracts Involving Certain Nuclear Power Plants.
1005-B - New York State Canal Corporation.
1005-D - Sharing Employees, Services and Resources; Indemnity and Defense.
1006 - Power to Compel Attendance of Witnesses.
1007 - Acquisition of Property.
1009 - Contracts Negotiated by Authority.
1009-A - Notes of the Authority.
1010 - Bonds of the Authority.
1010-A - Deposit and Investment of Moneys of the Authority.
1011 - Agreement of the State.
1012 - Exemption From Taxation.
1012-A - Emergency Contributions to County of Niagara and City of Niagara Falls.
1013 - Repayment of State Appropriations.
1015 - Title Not Affected if in Part Unconstitutional or Ineffective.