Bill Text: NY A04610 | 2019-2020 | General Assembly | Introduced


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

Spectrum: Strong Partisan Bill (Republican 10-1)

Status: (Introduced - Dead) 2020-01-08 - referred to energy [A04610 Detail]

Download: New_York-2019-A04610-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4610
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 4, 2019
                                       ___________
        Introduced  by  M.  of  A.  MORINELLO  --  read once and referred to the
          Committee on Energy
        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
    24  chapter  three  hundred  thirteen of the laws of two thousand five which
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02279-01-9

        A. 4610                             2
     1  amended this subdivision, shall be allocated by the  authority  together
     2  with such other funds of the authority as the trustees deem feasible and
     3  advisable  for  energy  cost  savings  benefits  pursuant to the twelfth
     4  undesignated  paragraph  of  this section and, provided further that low
     5  cost hydropower be made available to  hospitals  and  municipal  housing
     6  authorities  that  are  located  in the counties of Niagara and Orleans.
     7  Provided, however, that the amount of replacement,  preservation  power,
     8  or  the  additional twenty megawatts of Saint Lawrence-FDR power for the
     9  period ending December thirty-first, two thousand six made available for
    10  such purpose, used for energy cost  savings  benefits  that  are  relin-
    11  quished by or withdrawn from a recipient thereof shall be offered by the
    12  authority proportionately for a period of six months for reallocation to
    13  applicants  who  qualify  respectively  for  replacement or preservation
    14  power allocations as provided in this subdivision. [If such power is not
    15  allocated within such period it shall be allocated for  the  purpose  of
    16  energy  cost savings benefits pursuant to subdivision (h) of section one
    17  hundred eighty-three of the economic  development  law.]  The  authority
    18  shall negotiate contracts on reasonable terms and conditions to renew or
    19  extend  every permanent contract allocation of expansion power in effect
    20  on the effective date of this subdivision and, to the extent  consistent
    21  with  such contracts, the authority shall negotiate contracts on reason-
    22  able terms and conditions to extend or renew all  other  allocations  or
    23  allotments  of  such  power in effect on such date.  The authority shall
    24  negotiate contracts on reasonable  terms  and  conditions  to  renew  or
    25  extend  for  a  period  of  at least five years every permanent contract
    26  allocation of replacement power in effect on the effective date of chap-
    27  ter three hundred thirteen of the laws of two thousand five which  added
    28  this sentence and that would expire by its terms on or before the end of
    29  the initial federal energy regulatory commission license for the Niagara
    30  project;  provided that, in negotiating the terms and conditions of such
    31  contracts, the authority may consider a business'  compliance  with  all
    32  current  contractual  obligations,  including employment and power usage
    33  commitments. Contracts entered into pursuant to this  subdivision  shall
    34  contain  reasonable  provisions  providing  for  the partial or complete
    35  withdrawal of the power in the event the  recipient  fails  to  maintain
    36  mutually agreed levels of employment, investment, and power utilization.
    37  Expansion  or  replacement power relinquished by businesses or withdrawn
    38  by the authority shall be allocated directly or by sale  for  resale  by
    39  the authority to businesses within the state located within thirty miles
    40  of  the  Niagara project provided, that the amount of power allocated to
    41  businesses in Chautauqua  county  on  January  first,  nineteen  hundred
    42  eighty-seven  shall be allocated in such county. Preservation power that
    43  is relinquished by businesses or withdrawn by  the  authority  shall  be
    44  allocated  directly  or  by  sale for resale by the authority within the
    45  counties of Jefferson, Saint Lawrence  and  Franklin.  Allocations  made
    46  pursuant  to  this  paragraph  shall be made in accordance with criteria
    47  established by the trustees.  Such criteria shall address the  expansion
    48  of industry and employment pursuant to paragraph (a) of this subdivision
    49  and the revitalization of existing industry pursuant to paragraph (b) of
    50  this subdivision.
    51    § 2. This act shall take effect immediately.
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