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


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-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4414--A
                              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  --  committee  discharged, bill amended, ordered reprinted as
         amended and recommitted to said committee
       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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07140-02-5
       S. 4414--A                          2
    1  Lawrence-FDR project which is unallocated as of the  effective  date  of
    2  chapter  three  hundred  thirteen of the laws of two thousand five which
    3  amended this subdivision, shall be allocated by the  authority  together
    4  with such other funds of the authority as the trustees deem feasible and
    5  advisable  for  energy  cost  savings  benefits  pursuant to the twelfth
    6  undesignated paragraph of this section AND, PROVIDED  FURTHER  THAT  LOW
    7  COST  HYDROPOWER  BE  MADE  AVAILABLE TO HOSPITALS AND MUNICIPAL HOUSING
    8  AUTHORITIES THAT ARE LOCATED IN THE COUNTIES  OF  NIAGARA  AND  ORLEANS.
    9  Provided,  however,  that the amount of replacement, preservation power,
   10  or the additional twenty megawatts of Saint Lawrence-FDR power  for  the
   11  period ending December thirty-first, two thousand six made available for
   12  such  purpose,  used  for  energy  cost savings benefits that are relin-
   13  quished by or withdrawn from a recipient thereof shall be offered by the
   14  authority proportionately for a period of six months for reallocation to
   15  applicants who qualify  respectively  for  replacement  or  preservation
   16  power  allocations as provided in this subdivision. If such power is not
   17  allocated within such period it shall be allocated for  the  purpose  of
   18  energy  cost savings benefits pursuant to subdivision (h) of section one
   19  hundred eighty-three of the  economic  development  law.  The  authority
   20  shall negotiate contracts on reasonable terms and conditions to renew or
   21  extend  every permanent contract allocation of expansion power in effect
   22  on the effective date of this subdivision and, to the extent  consistent
   23  with  such contracts, the authority shall negotiate contracts on reason-
   24  able terms and conditions to extend or renew all  other  allocations  or
   25  allotments  of  such  power in effect on such date.  The authority shall
   26  negotiate contracts on reasonable  terms  and  conditions  to  renew  or
   27  extend  for  a  period  of  at least five years every permanent contract
   28  allocation of replacement power in effect on the effective date of chap-
   29  ter three hundred thirteen of the laws of two thousand five which  added
   30  this sentence and that would expire by its terms on or before the end of
   31  the initial federal energy regulatory commission license for the Niagara
   32  project;  provided that, in negotiating the terms and conditions of such
   33  contracts, the authority may consider a business'  compliance  with  all
   34  current  contractual  obligations,  including employment and power usage
   35  commitments. Contracts entered into pursuant to this  subdivision  shall
   36  contain  reasonable  provisions  providing  for  the partial or complete
   37  withdrawal of the power in the event the  recipient  fails  to  maintain
   38  mutually agreed levels of employment, investment, and power utilization.
   39  Expansion  or  replacement power relinquished by businesses or withdrawn
   40  by the authority shall be allocated directly or by sale  for  resale  by
   41  the authority to businesses within the state located within thirty miles
   42  of  the  Niagara project provided, that the amount of power allocated to
   43  businesses in Chautauqua  county  on  January  first,  nineteen  hundred
   44  eighty-seven  shall be allocated in such county. Preservation power that
   45  is relinquished by businesses or withdrawn by  the  authority  shall  be
   46  allocated  directly  or  by  sale for resale by the authority within the
   47  counties of Jefferson, Saint Lawrence  and  Franklin.  Allocations  made
   48  pursuant  to  this  paragraph  shall be made in accordance with criteria
   49  established by the trustees.  Such criteria shall address the  expansion
   50  of industry and employment pursuant to paragraph (a) of this subdivision
   51  and the revitalization of existing industry pursuant to paragraph (b) of
   52  this subdivision.
   53    S 2. This act shall take effect immediately.
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