Bill Text: NY S04414 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Establishes the power authority of the state of New York shall make low cost hydropower available to hospitals located within the counties of Niagara and Orleans.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-05-10 - REPORTED AND COMMITTED TO FINANCE [S04414 Detail]

Download: New_York-2015-S04414-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4414
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    March 19, 2015
                                      ___________
       Introduced  by  Sen.  ORTT  --  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 establishing
         the power authority of the state of  New  York  shall  make  low  cost
         hydropower available to certain hospitals
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The opening paragraph of subdivision 13 of section 1005  of
    2  the  public  authorities  law,  as amended by chapter 645 of the laws of
    3  2006, is amended to read as follows:
    4    Notwithstanding any other provision of law to the contrary but subject
    5  to the terms and conditions  of  federal  energy  regulatory  commission
    6  licenses,  to allocate or reallocate directly or by sale for resale, two
    7  hundred fifty megawatts of firm Niagara project hydroelectric  power  as
    8  "expansion  power" and four hundred forty-five megawatts of firm Niagara
    9  project hydroelectric power as "replacement power" to businesses  within
   10  the  state  located within thirty miles of the Niagara project, and four
   11  hundred ninety megawatts of firm and interruptible power from the  Saint
   12  Lawrence-FDR  project as "preservation power" sold to businesses located
   13  within the counties of Jefferson, Saint Lawrence and Franklin,  provided
   14  that the amount of expansion power allocated to businesses in Chautauqua
   15  county on January first, nineteen hundred eighty-seven shall continue to
   16  be  allocated  in  such  county and, provided further that up to seventy
   17  megawatts of replacement power, up to thirty-eight and six-tenths  mega-
   18  watts of preservation power from the Saint Lawrence-FDR project which is
   19  relinquished  or  withdrawn  after  the  effective date of chapter three
   20  hundred thirteen of the laws of two thousand  five  which  amended  this
   21  subdivision  and,  for  the  period ending on December thirty-first, two
   22  thousand six, up to twenty megawatts  of  other  power  from  the  Saint
   23  Lawrence-FDR  project  which  is unallocated as of the effective date of
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07140-01-5
       S. 4414                             2
    1  chapter three hundred thirteen of the laws of two  thousand  five  which
    2  amended  this  subdivision, shall be allocated by the authority together
    3  with such other funds of the authority as the trustees deem feasible and
    4  advisable  for  energy  cost  savings  benefits  pursuant to the twelfth
    5  undesignated paragraph of this section AND, PROVIDED  FURTHER  THAT  LOW
    6  COST  HYDROPOWER  BE MADE AVAILABLE TO HOSPITALS THAT ARE LOCATED IN THE
    7  COUNTIES OF NIAGARA AND ORLEANS.  Provided, however, that the amount  of
    8  replacement,  preservation  power, or the additional twenty megawatts of
    9  Saint Lawrence-FDR power for the period  ending  December  thirty-first,
   10  two  thousand  six made available for such purpose, used for energy cost
   11  savings benefits that are relinquished by or withdrawn from a  recipient
   12  thereof  shall  be offered by the authority proportionately for a period
   13  of six months for reallocation to applicants  who  qualify  respectively
   14  for  replacement  or  preservation power allocations as provided in this
   15  subdivision. If such power is not allocated within such period it  shall
   16  be allocated for the purpose of energy cost savings benefits pursuant to
   17  subdivision  (h)  of  section  one  hundred eighty-three of the economic
   18  development law. The authority shall negotiate contracts  on  reasonable
   19  terms  and  conditions to renew or extend every permanent contract allo-
   20  cation of expansion power in effect on the effective date of this subdi-
   21  vision and, to the extent consistent with such contracts, the  authority
   22  shall  negotiate  contracts on reasonable terms and conditions to extend
   23  or renew all other allocations or allotments of such power in effect  on
   24  such  date.  The authority shall negotiate contracts on reasonable terms
   25  and conditions to renew or extend for a period of at  least  five  years
   26  every  permanent  contract  allocation of replacement power in effect on
   27  the effective date of chapter three hundred thirteen of the laws of  two
   28  thousand  five  which  added  this sentence and that would expire by its
   29  terms on or before the end of  the  initial  federal  energy  regulatory
   30  commission  license for the Niagara project; provided that, in negotiat-
   31  ing the terms and  conditions  of  such  contracts,  the  authority  may
   32  consider  a  business'  compliance  with  all  current contractual obli-
   33  gations, including employment and  power  usage  commitments.  Contracts
   34  entered  into  pursuant  to  this  subdivision  shall contain reasonable
   35  provisions providing for the partial or complete withdrawal of the power
   36  in the event the recipient fails to maintain mutually agreed  levels  of
   37  employment,  investment, and power utilization. Expansion or replacement
   38  power relinquished by businesses or withdrawn by the authority shall  be
   39  allocated  directly or by sale for resale by the authority to businesses
   40  within the state located within thirty  miles  of  the  Niagara  project
   41  provided, that the amount of power allocated to businesses in Chautauqua
   42  county  on  January  first, nineteen hundred eighty-seven shall be allo-
   43  cated in such county. Preservation power that is relinquished  by  busi-
   44  nesses  or  withdrawn by the authority shall be allocated directly or by
   45  sale for resale by the authority within the counties of Jefferson, Saint
   46  Lawrence and Franklin. Allocations made pursuant to this paragraph shall
   47  be made in accordance with criteria established by the trustees.    Such
   48  criteria shall address the expansion of industry and employment pursuant
   49  to  paragraph (a) of this subdivision and the revitalization of existing
   50  industry pursuant to paragraph (b) of this subdivision.
   51    S 2. This act shall take effect immediately.