Bill Text: NY S00316 | 2009-2010 | General Assembly | Introduced

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Bill Title: Provides that fifty per centum of relinquished or withdrawn power shall be allocated within twelve months to new or expanding businesses within the state that are located within thirty miles of the Niagara project.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S00316 Detail]

Download: New_York-2009-S00316-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          316
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
         printed to be committed to the Committee on  Energy  and  Telecommuni-
         cations
       AN  ACT  to  amend  the public authorities law, in relation to the allo-
         cation of power from the Niagara project
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The opening paragraph of subdivision 13 of section 1005 of
    2  the public authorities law, as amended by chapter 645  of  the  laws  of
    3  2006, is amended to read as follows:
    4    Notwithstanding any other provision of law to the contrary but subject
    5  to  the  terms  and  conditions  of federal energy regulatory commission
    6  licenses, to allocate or reallocate directly or by sale for resale,  two
    7  hundred  fifty  megawatts of firm Niagara project hydroelectric power as
    8  "expansion power" and four hundred forty-five megawatts of firm  Niagara
    9  project  hydroelectric power as "replacement power" to businesses within
   10  the state located within thirty miles of the Niagara project,  and  four
   11  hundred  ninety megawatts of firm and interruptible power from the Saint
   12  Lawrence-FDR project as "preservation power" sold to businesses  located
   13  within  the counties of Jefferson, Saint Lawrence and Franklin, provided
   14  that the amount of expansion power allocated to businesses in Chautauqua
   15  county on January first, nineteen hundred eighty-seven shall continue to
   16  be allocated in such county and, provided further  that  up  to  seventy
   17  megawatts  of replacement power, up to thirty-eight and six-tenths mega-
   18  watts of preservation power from the Saint Lawrence-FDR project which is
   19  relinquished or withdrawn after the  effective  date  of  chapter  three
   20  hundred  thirteen  of  the  laws of two thousand five which amended this
   21  subdivision and, for the period ending  on  December  thirty-first,  two
   22  thousand  six,  up  to  twenty  megawatts  of other power from the Saint
   23  Lawrence-FDR project which is unallocated as of the  effective  date  of
   24  chapter  three  hundred  thirteen of the laws of two thousand five which
   25  amended this subdivision, shall be allocated by the  authority  together
   26  with such other funds of the authority as the trustees deem feasible and
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01234-01-9
       S. 316                              2
    1  advisable  for  energy  cost  savings  benefits  pursuant to the twelfth
    2  undesignated paragraph of this section.   Provided,  however,  that  the
    3  amount  of  replacement,  preservation  power,  or the additional twenty
    4  megawatts  of  Saint  Lawrence-FDR  power for the period ending December
    5  thirty-first, two thousand six made available for such purpose, used for
    6  energy cost savings benefits that are relinquished by or withdrawn  from
    7  a  recipient  thereof  shall be offered by the authority proportionately
    8  for a period of six months for reallocation to  applicants  who  qualify
    9  respectively  for  replacement  or  preservation  power  allocations  as
   10  provided in this subdivision. If such power is not allocated within such
   11  period it shall be allocated for the  purpose  of  energy  cost  savings
   12  benefits pursuant to subdivision (h) of section one hundred eighty-three
   13  of the economic development law. The authority shall negotiate contracts
   14  on  reasonable  terms  and conditions to renew or extend every permanent
   15  contract allocation of expansion power in effect on the  effective  date
   16  of  this  subdivision and, to the extent consistent with such contracts,
   17  the authority shall negotiate contracts on reasonable terms  and  condi-
   18  tions  to  extend  or  renew all other allocations or allotments of such
   19  power in effect on such date.  The authority shall  negotiate  contracts
   20  on reasonable terms and conditions to renew or extend for a period of at
   21  least  five  years  every  permanent  contract allocation of replacement
   22  power in effect on the effective date of chapter three hundred  thirteen
   23  of  the  laws  of  two  thousand five which added this sentence and that
   24  would expire by its terms on or before the end of  the  initial  federal
   25  energy  regulatory  commission license for the Niagara project; provided
   26  that, in negotiating the terms and conditions  of  such  contracts,  the
   27  authority  may consider a business' compliance with all current contrac-
   28  tual obligations, including  employment  and  power  usage  commitments.
   29  Contracts  entered  into  pursuant  to  this  subdivision  shall contain
   30  reasonable provisions providing for the partial or  complete  withdrawal
   31  of  the  power  in  the  event  the recipient fails to maintain mutually
   32  agreed levels of employment, investment, and power  utilization.  Expan-
   33  sion or replacement power relinquished by businesses or withdrawn by the
   34  authority  shall  be  allocated  directly  or  by sale for resale by the
   35  authority to businesses within the state located within thirty miles  of
   36  the  Niagara  project  provided,  that  the amount of power allocated to
   37  businesses in Chautauqua  county  on  January  first,  nineteen  hundred
   38  eighty-seven  shall be allocated in such county. Preservation power that
   39  is relinquished by businesses or withdrawn by  the  authority  shall  be
   40  allocated  directly  or  by  sale for resale by the authority within the
   41  counties of Jefferson, Saint Lawrence  and  Franklin.  Allocations  made
   42  pursuant  to  this  paragraph  shall be made in accordance with criteria
   43  established by the trustees.  Such criteria shall [address the expansion
   44  of industry and employment pursuant to paragraph (a) of this subdivision
   45  and the revitalization of existing industry pursuant to paragraph (b) of
   46  this subdivision.] REQUIRE THAT FIFTY  PER  CENTUM  OF  RELINQUISHED  OR
   47  WITHDRAWN  POWER  BE  ALLOCATED WITHIN TWELVE MONTHS TO NEW OR EXPANDING
   48  BUSINESSES WITHIN THE STATE LOCATED WITHIN THIRTY MILES OF  THE  NIAGARA
   49  PROJECT  IN  ACCORDANCE  WITH PARAGRAPH (A) OF THIS SUBDIVISION AND THAT
   50  FIFTY PER CENTUM OF RELINQUISHED OR WITHDRAWN POWER BE ALLOCATED  WITHIN
   51  NINETY DAYS TO EXISTING BUSINESSES WITHIN THE STATE LOCATED WITHIN THIR-
   52  TY MILES OF THE NIAGARA PROJECT IN ACCORDANCE WITH PARAGRAPH (B) OF THIS
   53  SUBDIVISION.
   54    S 2. This act shall take effect immediately.