N.Y. PBA Law § 1005 — New York Code / Act PBA / Article 5 / Title 1 / Section 1005
Powers and duties of authority
Status: in_force

§ 1005. Powers and duties of authority. Forthwith upon the appointment\nand organization of the trustees and subject to the conditions and\nlimitations in this title contained, the authority, in cooperation with\nthe proper Canadian authorities and those of the United States as\nhereinafter directed, shall proceed with the improvement and development\nof the Niagara river and the international rapids section of the Saint\nLawrence river (which is defined as that part of the said river from\nOgdensburg to the point where it leaves the territory of this state) for\nthe aid and benefit of commerce and navigation and for the development\nof the hydroelectric power inherent therein in accordance with the\nprovisions of this title.\n  The authority is authorized to procure through a competitive\nsolicitation process power and energy from the competitive market and to\nconstruct, improve and/or rehabilitate throughout its area of service\n(a) such hydroelectric or energy storage projects, as it deems necessary\nor desirable to contribute to the adequacy, economy and reliability of\nthe supply of electric power and energy or to conserve fuel and (b) such\nbase-load nuclear generating facilities or other facilities utilizing\nnew energy technologies as in its judgment are necessary (i) to supply\nsufficient supplemental energy to make possible optimum use of the\ngenerating capacity of the authority's Saint Lawrence and Niagara\nhydroelectric projects, (ii) to supply low cost power and energy to high\nload factor manufacturers which will build new facilities in the\nauthority's area of service or expand existing facilities provided such\npower and energy is made available to them, and (iii) to supply the\nfuture needs of the authority's existing municipal electric and rural\nelectric cooperative customers.\n  The authority is further authorized to construct and/or acquire and\ncomplete such base load generating, transmission and related facilities\nas it deems necessary or desirable to assist in maintaining an adequate\nand dependable supply of electricity by supplying power and energy for\nthe metropolitan transportation authority, its subsidiary corporations,\nthe New York city transit authority, the port authority of New York and\nNew Jersey, the city of New York, the state of New York, the United\nStates, other public corporations and electric corporations within the\nmetropolitan area of the city of New York within the state of New York;\nprovided, however, that (i) the acquisition of completed or partially\ncompleted facilities shall be after public hearing and shall be limited\nto facilities located in New York city or Westchester county and the\nenergy and power generated by such facilities shall be used, to the\nextent feasible, for the benefit of electric consumers in that area,\n(ii) not more than one such generating facility shall be acquired in\neach of New York city and Westchester county, (iii) the price to be paid\npursuant to any agreement entered into with respect to the purchase,\nappropriation or condemnation of any such completed or partially\ncompleted facility, as the case may be, shall be subject to the approval\nof the state comptroller and (iv) transmission facilities shall not be\nso acquired pursuant to this paragraph unless such acquisition is\nnecessary to assure delivery of power and energy produced by any\nacquired generating facility. The authority is further authorized, to\nthe extent it deems it necessary or desirable, to provide power and\nenergy, as it may determine it to be available, for the use by the\nNiagara frontier transportation authority or its subsidiary corporation.\nThe authority is authorized to make energy efficiency services, clean\nenergy technologies and, in the event that supplies of power and energy\nare determined to be available from the competitive market for this\npurpose, power and energy, available to public and nonpublic elementary\nand secondary schools throughout the state.\n  A high load factor manufacturer is one which normally utilizes a\nminimum electric demand of five thousand kilowatts and which will\nnormally utilize energy at the rate of approximately five hundred forty\nkilowatt hours per month for each kilowatt of demand and of which the\ncost of electricity normally represents at least seven and one-half\npercent of its total product value.\n  The authority shall publish notice of any proposed allocation of firm\npower and associated energy except such allocations as are subject to\nthe provisions of section one thousand nine of this chapter, at least\nthirty days prior to the delivery of any energy pursuant thereto, which\nnotice shall, in the case of industrial allocations, document actions by\nthe authority pertaining thereto including solicitation for competing\nproposals. In addition, such notice shall be transmitted to the\ntemporary president of the senate, the speaker of the assembly, and the\nrespective fiscal committees of the legislature.\n  Notwithstanding any inconsistent provision of law, the authority is\nauthorized to enter into contracts prior to July first, nineteen hundred\neighty-five to allocate a total of not more than thirty-six megawatts of\npower and associated energy, available for allocation as a result of\nvoluntary relinquishment by high load factor manufacturers, of such\npower and associated energy from base load nuclear generating facilities\nof the authority, to furnish electricity to no more than three customers\nwhich: (a) are located in the southeastern portion of the state; (b)\nwill build new facilities and/or expand existing facilities; (c) will\nexpand employment and investment in the state; and (d) will normally\nutilize a minimum peak electrical demand of one thousand kilowatts.\n  The authority is further authorized to construct such generating,\ntransmission and related facilities within the service area of the Long\nIsland power authority, as the authority, in consultation with and upon\nsuch terms and conditions as the Long Island power authority, deems\nnecessary or desirable.\n  Periodically, but no less often than annually, the authority is\nauthorized and directed to identify the net revenues produced by the\nsale of expansion power and further to identify an amount of the net\nrevenues from the sale of expansion power which amount shall be used\nsolely for industrial incentive awards. Notwithstanding other lawful\npurposes for which such revenues may be used, it shall be the preferred\npurpose of the authority to make available all such net revenues for\nindustrial incentive awards. Provided, however, that industrial\nincentive awards shall be made only in conformance with an economic\ndevelopment plan covering all such net revenues which is submitted no\nless often than annually by the authority and approved pursuant to\nsection one hundred eighty-eight of the commerce law. For purposes of\nthis paragraph, the term net revenues shall mean any excess of revenues\nproperly allocated to the sales of expansion power over costs and\nexpenses properly allocated to such sales.\n  Notwithstanding any inconsistent provision of this title, the\nauthority shall make available all economic development power for\nallocation to or for businesses whose allocation of such power is\nrecommended by the New York state economic development power allocation\nboard pursuant to section one hundred eighty-seven of the commerce law.\nIf the authority declines to make power available to or for a business\nwhose allocation has been so recommended, the authority shall decline\nwithin the period specified by the board in its recommendation and shall\nissue in writing a statement of reasons for such denial.\n  a. Economic development power shall mean any power generated at the\nFitzpatrick nuclear project that is voluntarily relinquished by\nbusinesses.\n  b. The authority shall report quarterly to the New York state economic\ndevelopment power allocation board on the anticipated availability of\neconomic development power for the subsequent twelve-month period.\n  c. When the authority determines that economic development power is\navailable, the authority shall notify the New York state economic\ndevelopment power allocation board.\n  d. The authority shall provide for the sale of power from the\nFitzpatrick nuclear project to its industrial, business, and economic\ndevelopment power customers at a uniform non-discriminatory rate.\n  The authority is further authorized, as deemed feasible and advisable\nby the trustees, to acquire, maintain, manage, operate, improve and\nreconstruct as a project or projects of the authority one or both of the\nsteam generation facilities owned by the state known as the Sheridan\navenue steam generating plant on Sheridan avenue in the city of Albany\nand used to supply steam to state facilities, together with any\nproperties, buildings and equipment at the sites thereof or ancillary\nthereto, for the generation and sale of thermal energy and the\ncogeneration and sale of electricity for use by facilities of the state\nwithin the county of Albany. All the authority's costs, including its\nacquisition, capital, operating and maintenance costs, shall be\nrecovered fully from the customers receiving service from such project\nor projects. Thermal energy and electricity not required by the state\nmay be sold by the authority to others. The authority is not authorized\nto use refuse or refuse-derived fuel in operating the project or\nprojects. Any agreement for such acquisition shall insure that the\nauthority is not liable or otherwise responsible for circumstances\narising from the prior operation of such facilities. The acquisition and\npurchase of such land, buildings and equipment by the authority, and any\nactions taken to effect such acquisition and purchase, are hereby exempt\nfrom the provisions of article eight of the environmental conservation\nlaw. The application of such exemption shall be strictly limited to the\nacquisition and purchase of such land, buildings and equipment by the\nauthority and such agreements with the state. Nothing herein shall\nexempt the authority from otherwise applicable laws respecting the\nexpansion, conversion, operation and maintenance of such land, buildings\nand equipment.\n  The authority is authorized and directed:\n  1. To cooperate with the appropriate agencies and officials of the\nUnited States government to the end that any hydroelectric project on\nthe Niagara or Saint Lawrence rivers undertaken under this title shall\nbe consistent with and in aid of any plans of the United States for the\nimprovement of commerce and navigation along such rivers and shall be so\nplanned and constructed as to be adaptable to the plans of the United\nStates therefor, so that the necessary channels, locks, canals, and\nother navigational facilities may be constructed and installed by the\nUnited States, in, through, and as part of such project.\n  2. To negotiate with the appropriate Canadian authorities and agencies\nrespecting the improvement and development of the Niagara river, and\ninternational rapids section of the Saint Lawrence river for the aid and\nbenefit of commerce and navigation and the development of hydro-electric\npower therefrom, and to plan and agree with them upon cooperative action\nto that end including any shifting of international boundary lines\nbetween Canada and the United States and upon the use, control and\ndisposition of the facilties to be created and the hydro-electric power\nto be developed by any project constructed in such rivers. Such\nnegotiations and agreements shall be conducted and concluded with due\nregard to the position of the United States in respect to international\nagreements, and any such agreements as may be reached with Canadian\nauthorities or agencies may be submitted by the authority to congress\nfor its approval, if it be advised that such approval is necessary or\ndesirable.\n  3. To apply to the appropriate agencies and officials of the United\nStates government and/or of Canada or its provinces, including the\nfederal power commission, the atomic energy commission, and the\ninternational joint commission, for such licenses, permits or approval\nof its plans or projects as it may deem necessary or advisable, and in\nits discretion, and upon such terms and conditions as it may deem\nappropriate, to accept such licenses, permits or approvals as may be\ntendered to it by such agencies or officials and such federal or other\npublic or governmental assistance as is now or may hereafter become\navailable to it; and to enter into contracts with such agencies or\nofficials or utility companies relating to the construction or operation\nof any project authorized by this title. Neither the authority nor any\ntrustee, officer or agent thereof shall have any power to waive or\nsurrender for any purpose whatsoever any right of the state of New York,\nwhether sovereign or proprietary in character, in and to the Niagara and\nSaint Lawrence rivers, their waters, power, channels, beds, or uses, or\nthe right of the state to assert such rights at any future time;\nprovided, however, that nothing herein contained shall be construed as\nlimiting the power of the authority to accept licenses issued by the\nfederal power commission pursuant to the provisions of the federal power\nact, as amended, or by the atomic energy commission pursuant to the\nprovisions of the atomic energy act of 1954, as amended, and the terms\nand conditions therein imposed pursuant to law. If for any reason the\nauthority shall fail to secure any such license, permit or approval as\nit may deem necessary or advisable, or shall decide not to make\napplication therefor, it is authorized to institute suit, or to apply to\ncongress for legislation, or take such other action in the premises as\nit may deem necessary or advisable, in the furtherance of the project\nand for the protection of its rights and those of the state.\n  4. To study the desirability and means of attracting industry to the\nstate of New York.\n  5. To develop, maintain, manage and operate those parts of the Niagara\nand Saint Lawrence hydroelectric projects owned or controlled by it in\nsuch manner as to give effect to the policy hereby declared (and all\nplans and acts, and all contracts for the use, sale, transmission and\ndistribution of the power generated by such projects, shall be made in\nthe light of, consistent with and subject to this policy), namely, that\nsuch projects shall be in all respects for the aid, improvement, and\nbenefit of commerce and navigation in, through, along and past the\nNiagara river, the Saint Lawrence river and the international rapids\nsection thereof, and that in the development of hydro-electric power\ntherefrom such projects shall be considered primarily as for the benefit\nof the people of the state as a whole. In furtherance of this policy and\nto secure a wider distribution of such power and use of the greatest\nvalue to the general public of the state, the authority shall in\naddition to other methods which it may find advantageous make provision\nso that municipalities and other political sub-divisions of the state\nnow or hereafter authorized by law to engage in the distribution of\nelectric power may secure a reasonable share of the power generated by\nsuch projects, and shall sell the same or cause the same to be sold to\nsuch municipalities and political subdivisions at prices representing\ncost of generation, plus capital and operating charges, plus a fair cost\nof transmission, all as determined by the trustees, and subject to\nconditions which shall assure the resale of such power at the lowest\npossible price, provided, however, that in disposing of hydro-electric\npower pursuant to and in furtherance of the aforementioned policy and\npurposes, appropriate provision may also be made to allocate a\nreasonable share of project power to agencies created or designated by\nother states and authorized to resell the power to users under the same\nterms and conditions as power is disposed of in New York state. To that\nend, the authority may provide in any contract or contracts which it may\nmake for the sale, transmission and distribution of the power that the\npurchaser, transmitter or distributor shall construct, maintain and\noperate, on such terms as the authority may deem proper, such connecting\nlines as may be necessary for transmission of the power from main\ntransmission lines to such municipalities or political subdivisions.\n  Contracts for the sale, transmission and distribution of power\ngenerated by such projects shall provide for the effectuation of the\nforegoing policy and shall provide:\n  a. Payment of all operating and maintenance expenses of the project.\n  b. Interest on and amortization and reserve charges sufficient within\nfifty years of the date of issuance to retire the bonds of the power\nauthority issued for the project.\n  c. Continuous control and operation of the project by the authority.\n  d. The effectuation of the policy declared in this sub-paragraph.\n  e. Full and complete disclosure to the authority of all factors of\ncost in the transmission and distribution of power, so that rates to\nconsumers may be fixed initially in the contract and may be adjusted\nfrom time to time on the basis of true cost data, provided that in\nfixing such cost of transmission and distribution no account shall be\ngiven to any franchise value, going value or good-will based upon the\nexistence of the contract and the availability of the power for sale by\nthe transmitting or distributing company or any company associated\ntherewith.\n  f. Periodic revisions of the service and rates to consumers on the\nbasis of accurate cost data obtained by such accounting methods and\nsystems as shall be approved by the trustees and in furtherance and\neffectuation of the policy declared in this sub-paragraph.\n  g. That the rates, services and practices of the purchasing,\ntransmitting and/or distributing public agencies or companies in respect\nto the power generated by such projects shall be governed by the\nprovisions and principles established in the contract, and not by\nregulations of the public service commission or by general principles of\npublic service law regulating rates, services and practices and that in\nthe event any such public agencies or companies which purchase power\nfrom the authority shall sell any such power for resale, such sale for\nresale shall be made at rates no higher than those at which the power\nwas purchased from the authority.\n  h. The rate structures agreed upon in such contract may provide\ndifferent rates for different localities, classes of consumers, and\namounts of current consumed, and for changes in the rates resulting from\nvariation in operating costs and fixed charges.\n  i. For the cancellation and termination of any such contract upon\nviolation of the terms thereof by the purchasing, transmitting or\ndistributing public agency or company, or any subsidiary or associate\nthereof.\n  j. For such security for performance as the authority may deem\npracticable and advisable, including provisions assuring the continuance\nof service by the purchasing, transmitting and/or distributing public\nagencies or companies and/or the use of their facilities for such\nservice and/or the continuance of an outlet and adequate market for the\npower generated by such projects.\n  k. Such other terms not inconsistent with the provisions and policy of\nthis title as the authority may deem advisable.\n  6. To develop, maintain, manage and operate its projects other than\nthe Niagara and Saint Lawrence hydroelectric projects so as (i) to\nprovide an adequate supply of energy for optimum utilization of its\nhydroelectric projects, (ii) to attract and expand high load factor\nindustry, (iii) to provide for the additional needs of its municipal\nelectric and rural electric cooperative customers, (iv) to provide a\nsupply of power and energy for use in the recharge New York power\nprogram as recharge New York market power, and (v) to assist in\nmaintaining an adequate, dependable electric power supply for the state.\n  Contracts for the sale, transmission and distribution of power and\nenergy generated by such projects shall provide for the effectuation of\nthe policy set forth in this title relating to such projects and shall\nprovide:\n  a. Payment of all operating and maintenance expenses of the projects.\n  b. Interest on and amortization and reserve charges sufficient within\nfifty years of the date of issuance to retire the bonds of the authority\nissued for the projects.\n  c. For the cancellation and termination of any such contract upon\nviolation of the terms thereof by the purchasing, transmitting or\ndistributing public agency or company, or any subsidiary thereof.\n  d. That the rates, services and practices of the purchasing,\ntransmitting and/or distributing public agencies and rural electric\ncooperatives in respect to the power and energy from such projects shall\nbe governed by the provisions and principles established in the\ncontract, and not by regulations of the public service commission or by\ngeneral principles of public service law regulating rates, services and\npractices and that in the event any such public agencies or cooperatives\nwhich purchase power from the authority shall sell any such power for\nresale, such sale for resale shall be made at rates no higher than those\nat which the power was purchased from the authority.\n  e. In the case of a contract with an electric corporation entered into\non or after May first, nineteen hundred seventy-four (i) for assurances\nby the electric corporation of prompt and timely payment of all bills\nrendered by the authority and that failure to make such prompt and\ntimely payment shall be grounds for immediate termination of the\ncontract, and (ii) that in the event the contract is so terminated, the\nelectric company will wheel to such purchasers as the authority may\ndirect the power and energy that would have been sold to the electric\ncompany had the contract not been terminated.\n  f. Such other terms not inconsistent with the provisions and policy of\nthis title as the authority may deem advisable.\n  7. To proceed with the physical construction or completion of any\nproject authorized by this title, including the erection of the\nnecessary dams, power houses and other facilities, instrumentalities and\nthings necessary or convenient to that end, and including also the\nerection of such transmission lines as may be necessary to conduct\nelectricity to users located at or near the site; and including also the\nacquisition, by contract only with the owners thereof, of transmission\nlines or the use of such transmission lines, available or which may be\nmade available, to conduct electricity to such point or points at which\nthe electricity is sold by the authority to any person, corporation or\nassociation, public or private, engaged in the business of distribution\nand sale of electricity to ultimate consumers or if the authority is\nunable to so acquire by contract the ownership or use of such\ntransmission lines, including also the erection by the authority of\ntransmission lines necessary for such purposes; and thereafter to\nmaintain and operate the project in accordance with the provisions and\npolicy of this title. The authority is specifically authorized to\nundertake the construction of any project in one or more steps as it may\nfind economically desirable or advantageous, and as it may agree with\nthe appropriate Canadian and/or United States authorities. Whenever in\nthis title reference is made to "project", it shall be understood to\nrefer to such part of any project authorized by this title as may from\ntime to time be in existence or immediately projected.\n  8. To cooperate with and, when the trustees deem it feasible and\nadvisable, to enter into contractual arrangements with utility\ncompanies;\n  a. With respect to construction and operation of pumped storage\nfacilities by the authority and supply of all or part of the necessary\npumping energy by the utilities and their purchase of all or part of the\noutput.\n  b. With respect to construction, completion, acquisition, ownership\nand/or operation of baseload generating facilities, fuel, docks,\nsidings, loading or unloading equipment, storage facilities and other\nsubsidiary facilities and disposition of the output of such generating\nfacilities.\n  c. With respect to construction, acquisition, ownership, operation\nand/or use of transmission facilities.\n  9. To cooperate with and, when the trustees deem it feasible and\nadvisable, to enter into contractual arrangements with municipal\ncorporations with respect to construction, improvement, rehabilitation,\nownership and/or operation of hydroelectric generating facilities and\nsubsidiary facilities and disposition of the output of such generating\nfacilities.\n  9-a. As deemed feasible and advisable by the trustees, to design,\nfinance, develop, construct, install, lease, operate and maintain\nelectric vehicle charging stations throughout the state for use by the\npublic. Such electric vehicle charging stations shall include at least\none space that is large enough to accommodate wheelchair accessible\nelectric vehicles, including but not limited to, vans and minivans. The\nauthority shall annually post on their website a report on those\nactivities undertaken pursuant to this subdivision, including but not\nlimited to: the total number of electric vehicle charging stations in\noperation pursuant to such authorization, the locations of such charging\nstations, and the total costs to the authority associated with such\nactivities.\n  10. To cooperate with and, when the trustees deem it feasible and\nadvisable, to enter into contractual arrangements with New York state\nenergy research and development authority in connection with the\nplanning, siting, development, construction, operation and maintenance\nof generating facilities of the authority utilizing new energy\ntechnologies to the extent such action is consistent with the purposes\nand powers granted by law to New York state energy research and\ndevelopment authority.\n  10-a. a. To cooperate with and, when the trustees deem it feasible and\nadvisable, enter into contracts with an owner or operator of a "class A"\nmultiple dwelling, as defined in subdivision eight of section four of\nthe multiple dwelling law, to administer and finance programs for the\ndevelopment, design, installation and provision of financial assistance\nwith respect to the replacement of refrigerators with more energy\nefficient refrigerators; provided that no costs associated with such\nfinancial assistance shall be charged to the authority's customers.\nFinancial assistance shall be repaid to the authority, over a period not\nto exceed ten years, based on projected savings in energy costs and\nrelated costs which accrue to the owner as a result of installing such\nmeasures and consistent with paragraph b of this subdivision.\n  b. If the owner of such multiple dwelling is a customer of the\nauthority or of an electric corporation, as defined in subdivision\nthirteen of section two of the public service law, and if the\nrefrigerator is provided by the owner, and if charges for electricity\nare included within the rent that the tenant pays to occupy such\ndwelling, the owner of such dwelling shall repay the authority for such\nfinancial assistance based on projected savings in energy costs that are\nestimated to accrue to the owner as a result of such replacement. As a\ncondition of participating in the program established by this\nsubdivision, such owner shall agree to be precluded from charging any\nadditional fee or collecting any rent increase to such tenant as a\nresult of such replacement.\n  11. To exercise all the powers necessary or convenient to carry out\nand effectuate the purposes and provisions of this title; and as\nincidental thereto to own, lease, build, operate, maintain and dispose\nof real and personal property of every kind and character, to acquire\nreal property and any or every interest therein for its lawful purposes\nby purchase, or by condemnation as hereinafter provided, to borrow money\nand secure the same by bonds or liens upon revenue from any property or\ncontracts held or to be held by it, to sell water or electric power, and\ngenerally to do any and every thing necessary or convenient to carry out\nthe purposes of this title, provided that the authority shall have no\npower at any time to pledge the credit of the state nor shall any of its\nobligations or securities be deemed to be obligations of the state nor\nshall the authority have the power to lease or sell any dam, or power\nhouse at the site.\n  12. Notwithstanding any limitations hereinbefore expressed, the\nauthority is authorized and directed forthwith or from time to time as\nit shall deem advisable and within the limitations of the appropriations\nmade available for it to initiate and prosecute all inquiries,\ninvestigations, surveys and studies which it may deem necessary or\ndesirable as preliminary to the effectuation of the other powers and\nduties conferred upon it by this title.\n  13. Notwithstanding any other provision of law to the contrary but\nsubject to the terms and conditions of federal energy regulatory\ncommission licenses, to allocate or reallocate directly or by sale for\nresale, two hundred fifty megawatts of firm Niagara project\nhydroelectric power as "expansion power" and four hundred forty-five\nmegawatts of firm Niagara project hydroelectric power as "replacement\npower" to businesses within the state located within thirty miles of the\nNiagara project, and four hundred ninety megawatts of firm and\ninterruptible power from the Saint Lawrence-FDR project as "preservation\npower" sold to businesses located within the counties of Jefferson,\nSaint Lawrence and Franklin, provided that the amount of expansion power\nallocated to businesses in Chautauqua county on January first, nineteen\nhundred eighty-seven shall continue to be allocated in such county and,\nprovided further that up to seventy megawatts of replacement power, up\nto thirty-eight and six-tenths megawatts of preservation power from the\nSaint Lawrence-FDR project which is relinquished or withdrawn after the\neffective date of chapter three hundred thirteen of the laws of two\nthousand five which amended this subdivision and, for the period ending\non December thirty-first, two thousand six, up to twenty megawatts of\nother power from the Saint Lawrence-FDR project which is unallocated as\nof the effective date of chapter three hundred thirteen of the laws of\ntwo thousand five which amended this subdivision, shall be allocated by\nthe authority together with such other funds of the authority as the\ntrustees deem feasible and advisable for energy cost savings benefits\npursuant to the twelfth undesignated paragraph of this section.\nProvided, however, that the amount of replacement, preservation power,\nor the additional twenty megawatts of Saint Lawrence-FDR power for the\nperiod ending December thirty-first, two thousand six made available for\nsuch purpose, used for energy cost savings benefits that are\nrelinquished by or withdrawn from a recipient thereof shall be offered\nby the authority proportionately for a period of six months for\nreallocation to applicants who qualify respectively for replacement or\npreservation power allocations as provided in this subdivision. If such\npower is not allocated within such period it shall be allocated for the\npurpose of energy cost savings benefits pursuant to subdivision (h) of\nsection one hundred eighty-three of the economic development law. The\nauthority shall negotiate contracts on reasonable terms and conditions\nto renew or extend every permanent contract allocation of expansion\npower in effect on the effective date of this subdivision and, to the\nextent consistent with such contracts, the authority shall negotiate\ncontracts on reasonable terms and conditions to extend or renew all\nother allocations or allotments of such power in effect on such date.\nThe authority shall negotiate contracts on reasonable terms and\nconditions to renew or extend for a period of at least five years every\npermanent contract allocation of replacement power in effect on the\neffective date of chapter three hundred thirteen of the laws of two\nthousand five which added this sentence and that would expire by its\nterms on or before the end of the initial federal energy regulatory\ncommission license for the Niagara project; provided that, in\nnegotiating the terms and conditions of such contracts, the authority\nmay consider a business' compliance with all current contractual\nobligations, including employment and power usage commitments. Contracts\nentered into pursuant to this subdivision shall contain reasonable\nprovisions providing for the partial or complete withdrawal of the power\nin the event the recipient fails to maintain mutually agreed levels of\nemployment, investment, and power utilization. Expansion or replacement\npower relinquished by businesses or withdrawn by the authority shall be\nallocated directly or by sale for resale by the authority to businesses\nwithin the state located within thirty miles of the Niagara project\nprovided, that the amount of power allocated to businesses in Chautauqua\ncounty on January first, nineteen hundred eighty-seven shall be\nallocated in such county. Preservation power that is relinquished by\nbusinesses or withdrawn by the authority shall be allocated directly or\nby sale for resale by the authority within the counties of Jefferson,\nSaint Lawrence and Franklin. Allocations made pursuant to this paragraph\nshall be made in accordance with criteria established by the trustees.\nSuch criteria shall address the expansion of industry and employment\npursuant to paragraph (a) of this subdivision and the revitalization of\nexisting industry pursuant to paragraph (b) of this subdivision.\n  (a) Criteria for eligibility for expansion, replacement and\npreservation power. Each application for an allocation for expansion,\nreplacement or preservation power shall be evaluated by the trustees\nunder criteria which shall include but need not be limited to:\n  (1) the number of jobs created as a result of a power allocation;\n  (2) the business' long term commitment to the region as evidenced by\nthe current and/or planned capital investment in business' facilities in\nthe region;\n  (3) the ratio of the number of jobs to be created to the amount of\npower requested;\n  (4) the types of jobs created, as measured by wage and benefit levels,\nsecurity and stability of employment;\n  (5) the amount of capital investment, including the type and cost of\nbuildings, equipment and facilities to be constructed, enlarged or\ninstalled;\n  (6) the extent to which a power allocation will affect the overall\nproductivity or competitiveness of the business and its existing\nemployment;\n  (7) the extent to which an allocation of power may result in a\ncompetitive disadvantage for other business in the state;\n  (8) the growth potential of the business facility and the contribution\nof economic strength to the area in which the business facility is or\nwould be located;\n  (9) the extent of the business' willingness to make jobs available to\npersons defined as eligible for services under the federal job training\npartnership act of nineteen hundred eighty-two and the extent of the\nbusiness' willingness to satisfy affirmative action goals;\n  (10) the extent to which an allocation of power is consistent with\nstate, regional and local economic development strategies and priorities\nand supported by local units of government in the area in which the\nbusiness is located; and\n  (11) the impact of the allocation on the operation of any other\nfacilities of the business, on other businesses within the region, and\nupon other electric ratepayers.\n  (b) Revitalization. In addition to the criteria provided in paragraph\n(a) of this subdivision the trustees shall establish special criteria\nfor the evaluation of applications for power allocated for the\nrevitalization of industry. Such criteria shall include, but need not be\nlimited to:\n  (1) that the business is likely to close, partially close or relocate\nresulting in the loss of a substantial number of jobs;\n  (2) that the business is an important employer in the community and\nefforts to revitalize the business are in long-term interests of both\nemployers and the community;\n  (3) that a reasonable prospect exists that the proposed allocation of\npower will enable the business to remain competitive and become\nprofitable and preserve jobs for a substantial period of time;\n  (4) that the applicant demonstrates cooperation with the local\nelectricity distributor and other available sources of assistance to\nreduce energy costs to the maximum extent practicable, through\nconservation and load management; and\n  (5) that the allocation will not unduly affect the cost of electric\nservice to customers of the local electricity distributor.\n  13-a. Recharge New York power program. (a) Notwithstanding any other\nprovision of law to the contrary, but subject to the terms and\nconditions of federal energy regulatory commission licenses, to\nallocate, reallocate or extend, directly or by sale for resale, up to\nnine hundred ten megawatts of recharge New York power to eligible\napplicants located within the state of New York upon the recommendation\nof the New York state economic development power allocation board\npursuant to section one hundred eighty-eight-a of the economic\ndevelopment law.\n  (b) Recharge New York power shall mean and consist of equal amounts of\n(1) four hundred fifty-five megawatts of firm hydroelectric power from\nthe Niagara and Saint Lawrence hydroelectric projects to be withdrawn,\nas of the earliest date such power may be withdrawn consistent with\ncontractual requirements, from utility corporations that, prior to the\neffective date of this subdivision, purchased such power for the benefit\nof their domestic and rural consumers ("recharge New York hydropower"),\nand (2) power procured by the authority through market sources, a\ncompetitive procurement process, or authority sources (other than the\nNiagara and Saint Lawrence projects) (collectively or individually,\n"recharge New York market power"); provided, however, that if such\nrecharge New York market power comes from authority sources, the use of\nthat power shall not reduce the availability of, or cause an increase in\nthe price of, power provided by the authority for any other program\nauthorized in this article or pursuant to any other statute.\n  (c) Notwithstanding section one thousand nine of this title or any\nother provision of law to the contrary, the authority is authorized,\nbeginning July first, two thousand twelve, to make available, contract\nwith and sell to such eligible applicants as are recommended by the\neconomic development power allocation board up to nine hundred ten\nmegawatts of recharge New York power for recharge New York power\nallocations. A recharge New York power allocation shall consist of equal\nparts of recharge New York hydropower and recharge New York market power\nas such terms are defined in paragraph (b) of this subdivision;\nprovided, however, that prior to entering into a contract with an\neligible applicant for the sale of recharge New York power, and prior to\nthe provision of electric service relating to the recharge New York\npower allocation, the authority shall offer each eligible applicant the\noption to decline to purchase the recharge New York market power\ncomponent of such allocation. If an eligible applicant declines to\npurchase such market power from the authority, the authority shall have\nno responsibility for supplying such market power to the eligible\napplicant.\n  13-b. Agricultural consumer electricity cost discount. (1)\nNotwithstanding any provision of this title or article six of the\neconomic development law to the contrary, the authority is authorized,\nbeginning in two thousand twenty-four, as deemed feasible and advisable\nby the trustees, to use revenues from the sale of hydroelectric power,\nand such other funds of the authority as deemed feasible and advisable\nby the trustees, to fund monthly payments to be made for the benefit of\nagricultural producers who receive electric service at the residential\nrate who enjoyed the benefits of authority hydroelectric power withdrawn\npursuant to subdivision thirteen-a of this section, and who were\npreviously eligible to receive benefits under the agricultural consumer\nelectricity cost discount created by section four of part CC of chapter\nsixty of the laws of two thousand eleven, for the purpose of mitigating\nprice impacts associated with the reallocation of such power in the\nmanner described in this subdivision. Such monthly payments shall\ncommence September first, two thousand twenty-four. The total annual\namount of monthly payments shall not exceed five million dollars.\n  (2) The authority shall work cooperatively with the department of\npublic service to evaluate the agricultural consumer electricity cost\ndiscount, which shall include an assessment of the benefits to\nrecipients compared to the benefits the recipients received from the\nauthority's hydroelectric power, withdrawn pursuant to subdivision\nthirteen-a of this section, during the twelve month period ending\nDecember thirty-first, two thousand ten, and compared to other\nagricultural consumers that did not choose to receive the discount.\n  (b) Energy efficiency program. (1) Beginning with the withdrawal of\nsuch hydroelectric power, the authority or the New York state energy\nresearch and development authority, shall conduct an energy efficiency\nprogram for five years to provide energy efficiency improvements for the\npurpose of reducing energy consumption for domestic and rural consumers.\nSuch energy efficiency program may be undertaken in cooperation with\nother energy efficiency programs offered by utility corporations, state\nagencies and authorities including but not limited to the New York state\nenergy research and development authority; provided however that energy\nsavings attributable to such other energy efficiency programs shall not\nbe included in determining the amount of energy saved pursuant to the\nprogram established by this paragraph;\n  (2) The authority or the New York state energy research and\ndevelopment authority shall annually post on their website a report\nevaluating the energy efficiency program, including but not limited to,\nthe number of domestic and rural consumers who opted to participate in\nthe program and, if practicable, the estimated savings the domestic and\nrural consumers received by participating in the energy efficiency\nprogram.\n  14. To provide to the governor, to the speaker of the assembly, and to\nthe temporary president of the senate, on or before April first of each\nyear, an economic development report including projections for the next\nsucceeding twelve months of the amount of economic development power\nwhich will be or is expected to be available with a listing of the\ncurrent recipients of that power, and data on the number and types of\njobs resulting from allocation of economic development power. Such\nreport shall also include the amount of revenues collected and used in\nthe previous calendar year pursuant to the eighth unnumbered paragraph\nof this section.\n  15. To provide low cost electricity, as well as energy efficiency and\nconservation services and facilities using conventional or new energy\ntechnologies, to the following military establishments within the state:\nFort Drum, Fort Hamilton, United States Academy at West Point,\nWatervliet Arsenal, Niagara Falls Air Reserve Base, Air Force Research\nLaboratory at Rome, Defense Finance Accounting Services at the former\nRome Air Force Base, North East Air Defense Sector, Stewart Air National\nGuard Base, Hancock Field Air National Guard Base, Stratton Air National\nGuard Base and Air National Guard Base at Francis S. Gabreski Airport.\nServices provided pursuant to this section shall be provided only to\nsupport United States Department of Defense activities as they are\nconducted at such facilities. The authority may enter into contracts\nwith the United States, its agencies and instrumentalities, and other\npublic and private entities to effectuate the foregoing.\n  16. To complete a biennial energy plan in accordance with the\nprovisions of article six of the energy law. In addition to any\nrequirements of article six of the energy law, the authority shall\nprovide copies of its biennial energy plan to the governor, the\ntemporary president of the senate, the speaker of the assembly, the\nchair of the assembly committee on energy and the chair of the senate\ncommittee on energy and telecommunications. Further, the authority shall\ncooperate and participate in the state energy planning procedures as\nenumerated in article six of the energy law.\n  17. (a) As deemed feasible and advisable by the trustees, to finance\nand design, develop, construct, implement, provide and administer\nenergy-related projects, programs and services for any public entity,\nany independent not-for-profit institution of higher education within\nthe state, and any recipient of the economic development power,\nexpansion power, replacement power, preservation power, high load factor\npower, municipal distribution agency power, power for jobs, and recharge\nNew York power programs administered by the authority. In establishing\nand providing high performance and sustainable building programs and\nservices authorized by this subdivision, the authority is authorized to\nconsult standards, guidelines, rating systems, and/or criteria\nestablished or adopted by other organizations, including but not limited\nto the United States green building council under its leadership in\nenergy and environmental design (LEED) programs, the green building\ninitiative's green globes rating system, and the American National\nStandards Institute. The source of any financing and/or loans provided\nby the authority for the purposes of this subdivision may be the\nproceeds of notes issued pursuant to section one thousand nine-a of this\ntitle, the proceeds of bonds issued pursuant to section one thousand ten\nof this title, or any other available authority funds.\n  (b) For the purposes of this subdivision, the following words and\nterms shall have the following meanings unless the context indicates\nanother meaning or intent:\n  (1) "Agency" means any agency, department, or office of the state of\nNew York.\n  (2) "Energy-related projects, programs and services" means energy\nefficiency projects and services, clean energy technology projects and\nservices, and high performance and sustainable building programs and\nservices, and the construction, installation and/or operation of\nfacilities or equipment done in connection with any such projects,\nprograms or services.\n  (3) "Energy services contract" or "contract" means a contract pursuant\nto which the authority provides energy-related projects, programs and\nservices.\n  (4) "High performance and sustainable building programs and services"\nmeans programs and services related to the renovation and retrofitting\nof buildings through the incorporation of standards, guidelines, rating\nsystems, and/or criteria relating to design and building techniques\nestablished by the authority pursuant to this section, which are\naddressed to such issues as energy efficiency, energy conservation, the\nuse of renewable energy, the reduction of air and other pollution, and\nthe conservation of materials and resources such as water.\n  (5) "Public entity" means an agency, public authority, public benefit\ncorporation, public corporation, municipal corporation, school district,\nboard of cooperative educational services, public university, fire\ndistrict, district corporation, or special improvement district governed\nby a separate board of commissioners.\n  (6) "Public authority" means a public authority formed by or under the\nlaws of the state of New York to the extent its facilities are located\nwithin the state, and the port authority of New York and New Jersey to\nthe extent that its facilities are located within the state.\n  (7) "Public benefit corporation" means a public benefit corporation as\ndefined in subdivision four of section sixty-six of the general\nconstruction law.\n  (8) "Public university" means the city university of New York\nincluding any senior college or community college as defined in section\nsixty-two hundred two of the education law, and the state university of\nNew York including four-year colleges established pursuant to section\nsixty-three hundred seven of the education law and community colleges as\ndefined in section sixty-three hundred one of the education law.\n  (c) Any public entity is authorized to enter into an energy services\ncontract with the authority for energy-related projects, programs and\nservices that are authorized by this subdivision, provided that (i) the\nauthority issues and advertises written requests for proposals from\nthird party providers of goods and services in accordance with the\nauthority's procurement policies, procedures and/or guidelines, and (ii)\nthe authority shall not contract with a third party provider of goods\nand services if such person is listed on a debarment list maintained and\npublished in accordance with New York law, as being ineligible to submit\na bid on or be awarded any public contract or subcontract with the\nstate, any municipal corporation or public body.\n  (d)(i) Notwithstanding any other provision of law to the contrary, any\nenergy services contract entered into by the authority with any public\nentity: (1) may have a term of up to thirty-five years duration,\nprovided, however, that the duration of any such contract shall not\nexceed the reasonably expected useful life of any facilities or\nequipment constructed, installed or operated as part of such\nenergy-related projects, programs and services subject to such contract;\nand (2) shall contain the following clause: "This contract shall be\ndeemed executory only to the extent of the monies appropriated and\navailable for the purpose of the contract, and no liability on account\ntherefor shall be incurred beyond the amount of such monies. It is\nunderstood that neither this contract nor any representation by any\npublic employee or officer creates any legal or moral obligation to\nrequest, appropriate or make available monies for the purpose of the\ncontract." A school district or board of cooperative educational\nservices may only enter into an energy services contract with the\nauthority for such maximum term as is prescribed in the regulations\npromulgated by the commissioner of education or the useful life of the\nfacilities or equipment being constructed, installed or operated,\nwhichever is less.\n  (ii) Notwithstanding any other provision of law to the contrary, in\norder to provide an interest in real or other property necessary for the\nconstruction of facilities or the operation of equipment provided for in\nan energy services contract, a public entity may enter into a lease or\nother agreement with the authority concerning real or other property to\nwhich it holds title or which is under its administrative jurisdiction,\nas is necessary for such construction or operation, for the same length\nof time as the term of the energy services contract and on such terms\nand conditions as may be agreeable to the parties thereto and are not\notherwise inconsistent with law, and notwithstanding that such real or\nother property may remain useful to such entity for the purpose for\nwhich such real or other property was originally acquired or devoted or\nfor which such real or other property is being used.\n  (e) Nothing contained in this subdivision is intended to limit, impair\nor affect the authority's legal authority to provide energy efficiency\nand energy services programs that existed as of the effective date of\nthis subdivision.\n  (f) The authority shall complete and submit a report, on or before\nJanuary thirty-first, two thousand twelve, on those activities\nundertaken pursuant to this subdivision to the governor, the speaker of\nthe assembly, the temporary president of the senate, the minority leader\nof the senate, the minority leader of the assembly, the chair of the\nsenate finance committee, the chair of the assembly ways and means\ncommittee, the chair of the assembly energy committee and the chair of\nthe senate energy committee.\n  18. For the purpose of furnishing the state with systematic\ninformation regarding the status and the activities of the authority,\nthe authority shall submit to the governor, the temporary president of\nthe senate, speaker of the assembly, the minority leader of the senate\nand the minority leader of the assembly, within ninety days after the\nend of its fiscal year, a complete and detailed annual report on each\neconomic development power program it administers. Such annual report\nshall include, but not be limited to, the following information:\n  a. the number of recipients of economic power program benefits, the\neconomic region in which each recipient is located, the type and amount\nof assistance provided, megawatts of power awarded, length of current\ncontract, current contract compliance status, last audit, number of jobs\nretained and/or added in the fiscal year, approximate energy efficiency\nsavings and amount of power reallocated from previous years due to\nforfeited benefits; and\n  b. cost to the authority to provide economic development power\nprograms during the previous fiscal year.\n  19. To cooperate with the western New York power proceeds allocation\nboard and provide the board with such information and assistance as the\nboard reasonably requests, including reasonable staff services,\naccounting, clerical and secretarial assistance, office space, and\nequipment reasonably requested by the western New York power proceeds\nallocation board to fulfill its duties.\n  20. To establish an account to be known as the western New York\neconomic development fund, which shall consist of "net earnings" as\ndefined in article six-a of the economic development law, deposited in\nsuch amounts as determined to be feasible and advisable by the trustees.\nSuch earnings shall be deposited no less frequently than quarterly. The\nfirst deposit into the fund shall be made ninety days after the\neffective date of this subdivision, and shall include all such net\nearnings accrued since the effective date of chapter four hundred\nthirty-six of the laws of two thousand ten. At least fifteen percent of\nsuch funds shall be dedicated towards eligible projects which are\nenergy-related projects, programs and services as such term is defined\nin subparagraph two of paragraph (b) of subdivision seventeen of this\nsection. In addition to funding eligible projects, as defined in article\nsix-a of the economic development law, the authority may use western New\nYork economic development fund monies to cover reasonable costs and\nexpenses of the authority related to the management and administration\nof the western New York power proceeds allocation program created by\narticle six-a of the economic development law.\n  21. The authority may, in its discretion, consult with the western New\nYork power proceeds allocation board in the application process relating\nto the allocation of expansion power and replacement power.\n  22. The authority shall establish processes for application review and\nallocation of fund benefits provided for in article six-a of the\neconomic development law.\n  23. The authority shall include in the annual report prepared pursuant\nto subdivision eighteen of this section, an accounting for the subject\nyear that provides (a) the amount of expansion power and replacement\npower sold into the wholesale market by the authority, and (b) the net\nearnings, as such term is defined in section one hundred eighty-nine-a\nof the economic development law, paid into the western New York economic\ndevelopment fund.\n  24. (a) For purposes of this subdivision, the terms "authority-TMED\ncontract", "eligible project", "net earnings", "northern New York power\nproceeds allocation board" and "St. Lawrence county economic development\npower" shall have the meanings ascribed to such terms in article seven-A\nof the economic development law.\n  (b) The authority shall be authorized to cooperate with the northern\nNew York power proceeds allocation board, and provide such board with\nsuch information and assistance, including reasonable staff services,\naccounting, clerical and secretarial assistance, office space, and\nequipment, as the board reasonably requests in order to fulfill its\nduties under article seven-A of the economic development law.\n  (c) The authority shall establish an account to be known as the\nnorthern New York economic development fund, which shall consist solely\nof net earnings. The authority, as determined to be feasible and\nadvisable by the trustees, shall deposit net earnings into the fund no\nless than quarterly, provided, however, that the amount of St. Lawrence\ncounty economic development power that may be used by the authority to\ngenerate net earnings shall not exceed the lesser of twenty megawatts or\nthe amount of St. Lawrence county economic development power that has\nnot been allocated by the authority under the authority-TMED contract\nfor sub-allocations, and provided further that beginning five years from\nthe effective date of this subdivision, the amount of St. Lawrence\ncounty economic development power that may be used by the authority to\ngenerate net earnings shall not exceed the lesser of ten megawatts or\nthe amount of St. Lawrence county economic development power that has\nnot been allocated by the authority under the authority-TMED contract\nfor sub-allocations. At least fifteen percent of net earnings paid into\nthe fund shall be dedicated to eligible projects which are\nenergy-related projects, programs and services as such term is defined\nin subparagraph two of paragraph (b) of subdivision seventeen of this\nsection. In addition to funding eligible projects, the authority may use\nnorthern New York economic development fund monies to cover reasonable\ncosts and expenses of the authority related to the management and\nadministration of the northern New York power proceeds allocation\nprogram created by article seven-A of the economic development law.\n  (d) The authority is hereby authorized to establish processes for\napplication review and allocation of fund benefits, and to promulgate\nsuch rules and regulations as it deems necessary to fulfill the purposes\nof this subdivision and the duties assigned to it under article seven-A\nof the economic development law.\n  (e) The authority shall include in the annual report prepared pursuant\nto subdivision eighteen of this section, an accounting for the subject\nyear that provides the amount of St. Lawrence county economic\ndevelopment power sold into the wholesale market by the authority, and\nthe net earnings paid into the northern New York economic development\nfund.\n  25. Notwithstanding any other provision of law, to accept gifts,\ngrants, loans, or contributions of funds or property in any form from\nthe federal government or any agency or instrumentally thereof or from\nthe state or any other source (collectively, "resources"), and enter\ninto contracts or other transactions regarding such resources, and to\nuse such resources for any of its corporate purposes.\n  26. (a) As deemed feasible and advisable by the trustees, to plan,\nfinance, construct, acquire, operate, improve and maintain, either alone\nor jointly with one or more other entities, transmission facilities for\nthe purpose of transmitting power and energy generated by renewable wind\nenergy generation projects that are located in state territorial waters,\nand/or in waters under the jurisdiction or regulation of the United\nStates, which supplies electric power and energy to the state of New\nYork that the authority deems necessary and desirable in order to: (i)\nprovide, support and maintain an adequate and reliable supply of\nelectric power and energy in the state of New York, and/or (ii) assist\nthe state in meeting state energy-related goals and standards.\n  (b) The source of any financing and/or loans provided by the authority\nfor any of the actions authorized in paragraph (a) of this subdivision\nmay be the proceeds of notes issued pursuant to section one thousand\nnine-a of this title, the proceeds of bonds issued pursuant to section\none thousand ten of this title, or any other available authority funds.\n  (c) The authority shall complete and submit a report, on or before\nJanuary thirty-first, two thousand twenty, and annually thereafter, on\nthose activities undertaken pursuant to this subdivision to the\ngovernor, the speaker of the assembly, the temporary president of the\nsenate, the minority leader of the senate, the minority leader of the\nassembly, the chair of the senate finance committee, the chair of the\nassembly ways and means committee, the chair of the assembly energy\ncommittee, and the chair of the senate energy and telecommunications\ncommittee. Such report shall be posted on the authority's website and\naccessible for public review.\n  * 27. (a) Notwithstanding any other provision of this title, as deemed\nfeasible and advisable by the trustees, the authority is authorized to\nundertake the following actions when it deems it necessary or desirable\nto address the energy-related needs of any (i) authority customer, (ii)\npublic entity, or (iii) CCA community:\n  (1) (A) supply power and energy procured from competitive market\nsources to any (i) authority customer, (ii) public entity, or (iii) CCA\ncommunity through the supply of such products through an energy services\ncompany or other entity that is authorized by the public service\ncommission to procure and sell energy products to participants of a CCA\nprogram, provided, however, that the authority shall not supply at any\npoint more than a total of four hundred megawatts of power and energy to\nauthority customers and public entities pursuant to the authority of\nthis clause;\n  (B) supply renewable power, energy, or related credits or attributes\nprocured through a competitive process, from competitive market sources,\nor through negotiation when a competitive procurement is not reasonably\nfeasible and such products can be procured on reasonably competitive\nterms to (i) any authority customer, (ii) any public entity, or (iii)\nany CCA community through the supply of such products through an energy\nservices company or other entity that is authorized by the public\nservice commission to procure and sell energy products to participants\nof a CCA program; and\n  (b) Nothing in this subdivision authorizes the authority to act as an\nenergy supply company or administrator for CCA programs.\n  (c) Power and energy sold pursuant to the authority provided in\nparagraph (a) of this subdivision shall only be sold for use at\nfacilities located in the state.\n  (d) Any public entity is hereby authorized to contract with the\nauthority for the purchase of power, energy, or related credits or\nattributes which the authority is authorized to supply under paragraph\n(a) of this subdivision.\n  (e) The source of any financing and/or loans provided by the authority\nfor any of the actions authorized in paragraph (a) of this subdivision\nmay be the proceeds of notes issued pursuant to section one thousand\nnine-a of this title, the proceeds of bonds issued pursuant to section\none thousand ten of this title, or any other available authority funds.\n  (f) The authority shall complete and submit a report, on or before\nJanuary thirty-first, two thousand twenty, and annually thereafter on\nthose actions undertaken pursuant to this subdivision to the governor,\nthe speaker of the assembly, the temporary president of the senate, the\nchair of the assembly ways and means committee, the chair of the senate\nfinance committee, the chair of the assembly energy committee and the\nchair of the senate energy and telecommunications committee. Such\nreport, at a minimum, shall include: (i) an accounting of the total\namount of power, energy, and related credits and attributes procured\nfrom competitive market sources and supplied to authority customers,\npublic entities, and CCA communities; (ii) an accounting of the total\namount of renewable power, energy, and related credits and attributes\nprocured through negotiation and supplied to authority customers, public\nentities, and CCA communities; (iii) a description of all renewable\nenergy generating projects financed by the authority, including the\naggregate amount of financing; (iv) an accounting of all power, energy,\nand related credits and attributes purchased by the authority from such\nprojects; and (v) an identification of all public entities, authority\ncustomers, and CCA communities to which the authority supplied,\nallocated or sold any power, energy or related credits or attributes.\n  (g) For purposes of this subdivision, the following terms shall have\nthe meanings indicated in this paragraph unless the context indicates\nanother meaning or intent:\n  (i) "Authority customer" means an entity located in the state to which\nthe authority sells or is under contract to sell power or energy under\nthe authority in this title or any other law.\n  (ii) "CCA community" means one or more municipal corporations located\nwithin the state that have provided for the purchase of power, energy,\nor related credits or other attributes under a CCA program.\n  (iii) "CCA program" means a community choice aggregation program\napproved by the public service commission.\n  (iv) "Public entity" has the meaning ascribed to that term by\nsubparagraph five of paragraph (b) of subdivision seventeen of this\nsection.\n  (v) "Renewable energy resources" means solar power, wind power,\nhydroelectric, and any other generation resource authorized by any\nrenewable energy standard adopted by the state for the purpose of\nimplementing any state clean energy standard.\n  (vi) "Renewable energy generating project" means a project that\ngenerates power and energy by means of renewable energy resources, or\nthat stores and supplies power and energy generated by means of\nrenewable energy resources, and includes the construction, installation\nand/or operation of ancillary facilities or equipment done in connection\nwith any such renewable energy generating projects, provided, however,\nthat such term shall not include the authority's Saint Lawrence\nhydroelectric project or Niagara hydroelectric project.\n  (vii) "State" means the state of New York.\n  * NB Repealed June 30, 2033\n  27-a. (a) The authority is authorized and directed, to:\n  (i) plan, design, develop, finance, construct, own, operate, maintain\nand improve, either alone, or jointly with other entities through the\nuse of public-private agreements established in paragraph (f) of this\nsubdivision, renewable energy generating projects in the state,\nincluding its territorial waters, and/or on property or in waters under\nthe jurisdiction or regulatory authority of the United States, or any\ncomponent thereof, to: support the state's renewable energy goals\nestablished pursuant to the climate leadership and community protection\nact; provide or maintain an adequate and reliable supply of electric\npower and energy in the state, including but not limited to, high need\nareas and communities served by small natural gas power plants as\ndefined in this section; and support the renewable energy access and\ncommunity help program established pursuant to subdivision\ntwenty-seven-b of this section; subject to the strategic plan developed\nand updated pursuant to paragraph (e) of this subdivision approved by\nthe trustees of the authority, provided that the authority, or a wholly\nowned subsidiary thereof, shall at all times maintain majority ownership\nof any such project, and provided further that the authority, any\nsubsidiary thereof, or any other entity participating in a\npublic-private agreement established in paragraph (f) of this\nsubdivision, shall only design, develop, finance, construct, own,\noperate, maintain and improve projects pursuant to this subdivision that\nhave been identified in the strategic plan or its updates as provided in\nsubparagraph (v) of paragraph (e) of this subdivision; and\n  (ii) notwithstanding any conflicting provision of title five-A of\narticle nine of this chapter, acquire from willing sellers, lease, or\ndispose of property interests related to the development or disposition\nof renewable energy generating projects authorized by this paragraph\nthrough a competitive selection process or by negotiation, provided that\nthe authority and any subsidiary thereof shall receive not less than\nfair market value, supported by an appraisal prepared by an independent\nappraiser, for the disposal of any interest in any renewable energy\ngenerating project.\n  (b) The authority, its subsidiaries or any entity participating in a\npublic-private agreement established in paragraph (f) of this\nsubdivision or acting on behalf of the authority, when developing\nrenewable energy generating projects authorized in this subdivision, or\nsubdivision twenty-seven-b of this section, shall: (i) not develop,\nexcept when necessary for generator lead lines and other equipment\nneeded for interconnection of projects to the electric system, on\nproperty that consists of land used in agricultural production, taking\ninto consideration whether the land is within an agricultural district\nor contains mineral soil groups 1-4, as defined by the department of\nagriculture and markets, unless a renewable energy generation project is\nin furtherance of an agrivoltaics project; (ii) minimize harm to\nwildlife, ecosystems, public health and public safety; and (iii) not\nbuild on lands located upon any Native American territory or reservation\nlocated wholly or partly within the state, except through voluntary sale\nor other agreement for such use with the consent of the relevant nation\nand any required consent of the federal government.\n  (c) Renewable energy generating projects developed by the authority,\nor a wholly owned subsidiary, pursuant to this subdivision or\nsubdivision twenty-seven-b of this section that meet eligibility\ncriteria under state programs administered by the public service\ncommission and the New York state energy research and development\nauthority shall be eligible to receive renewable energy certificates in\naccordance with such programs consistent with laws and regulations.\n  * (d) No later than one hundred eighty days after the effective date\nof this subdivision, and annually thereafter, the authority shall confer\nwith the New York state energy research and development authority, the\ndepartment of public service, climate and resiliency experts, labor\norganizations, and environmental justice and community organizations\nconcerning the state's progress on meeting the renewable energy goals\nestablished by the climate leadership and community protection act. When\nexercising the authority provided for in paragraph (a) of this\nsubdivision, the information developed through such conferral shall be\nused to identify projects to help ensure that the state meets its goals\nunder the climate leadership and community protection act. Any conferral\nprovided for in this paragraph shall include consideration of the timing\nof projects in the interconnection queue of the federally designated\nelectric bulk system operator for New York state, taking into account\nboth capacity factors or planned projects and the interconnection\nqueue's historical completion rate. A report on the information\ndeveloped through such conferral shall be published and made accessible\non the website of the authority.\n  * NB Effective until December 31, 2040\n  * (d) No later than one hundred eighty days after the effective date\nof this subdivision, and annually thereafter, the authority shall confer\nwith the New York state energy research and development authority, the\noffice of renewable energy siting, the department of public service,\nclimate and resiliency experts, labor organizations, and environmental\njustice and community organizations concerning the state's progress on\nmeeting the renewable energy goals established by the climate leadership\nand community protection act. When exercising the authority provided for\nin paragraph (a) of this subdivision, the information developed through\nsuch conferral shall be used to identify projects to help ensure that\nthe state meets its goals under the climate leadership and community\nprotection act. Any conferral provided for in this paragraph shall\ninclude consideration of the timing of projects in the interconnection\nqueue of the federally designated electric bulk system operator for New\nYork state, taking into account both capacity factors or planned\nprojects and the interconnection queue's historical completion rate. A\nreport on the information developed through such conferral shall be\npublished and made accessible on the website of the authority.\n  * NB Effective December 31, 2040\n  (e) * (i) Beginning in two thousand twenty-five, and biennially\nthereafter until two thousand thirty-three, the authority, in\nconsultation with the New York state energy research and development\nauthority, the department of public service, and the federally\ndesignated electric bulk system operator for New York state, shall\ndevelop and publish biennially a renewable energy generation strategic\nplan ("strategic plan") that identifies the renewable energy generating\npriorities based on the provisions of paragraph (a) of this subdivision\nfor the two-year period covered by the plan as further provided for in\nthis paragraph.\n  * NB Effective until December 31, 2040\n  * (i) Beginning in two thousand twenty-five, and biennially thereafter\nuntil two thousand thirty-three, the authority, in consultation with the\nNew York state energy research and development authority, the office of\nrenewable energy siting, the department of public service, and the\nfederally designated electric bulk system operator for New York state,\nshall develop and publish biennially a renewable energy generation\nstrategic plan ("strategic plan") that identifies the renewable energy\ngenerating priorities based on the provisions of paragraph (a) of this\nsubdivision for the two-year period covered by the plan as further\nprovided for in this paragraph.\n  * NB Effective December 31, 2040\n  (ii) In developing, and updating, the strategic plan, the authority\nshall consider:\n  (A) information developed pursuant to paragraph (d) of this\nsubdivision;\n  (B) high need areas where transmission and distribution upgrades will\nbe necessary to interconnect new renewable energy generation projects;\n  (C) the feasibility of projects, based on costs, potential benefits,\nand other relevant considerations;\n  (D) the fiscal condition of the authority and the impacts of potential\nrenewable energy generating projects on the authority and its\nsubsidiaries;\n  (E) ways to minimize any negative tax revenue impacts on\nmunicipalities that host renewable energy generating projects, including\nbut not limited to, PILOT and/or community benefit agreements;\n  (F) the timing, characteristics and size of the renewable energy\ngenerating projects in the interconnection queue of the federally\ndesignated electric bulk system operator for New York state;\n  (G) in consultation with the federally designated electric bulk system\noperator for New York state, the power, energy and ancillary services\nprovided by planned renewable energy generating projects, taking into\naccount the historical completion rate of similar projects; and\n  (H) opportunities to work in partnership with private sector renewable\nenergy developers to accelerate activity, catalyze greater scale, and\nspur additional market participation.\n  (iii) The strategic plan shall address the purposes stated in\nparagraph (a) of this subdivision, and prioritize projects that:\n  (A) actively benefit disadvantaged communities;\n  (B) serve publicly-owned facilities; and\n  (C) support the renewable energy access and community help program\nestablished pursuant to subdivision twenty-seven-b of this section.\n  (iv) The strategic plan shall assess and identify at a minimum:\n  (A) renewable energy generating high need and priority areas;\n  (B) priority locations for the development of renewable energy\ngenerating projects;\n  (C) the types and capacity of renewable energy resources to be\nutilized;\n  (D) the estimated cost of renewable energy generating projects to the\nextent known;\n  (E) a description of any delays or anticipated delays associated with\ncompletion of the renewable energy generating projects;\n  (F) which of the intended purposes in paragraph (a) of this\nsubdivision each renewable energy generating project is intended to\nsupport;\n  (G) any prioritization given to the order of development of renewable\nenergy generating projects;\n  (H) the benefits associated with the renewable energy generating\nprojects, including any benefits to disadvantaged communities;\n  (I) any benefits to rate payers;\n  (J) the state's progress towards achieving the renewable energy goals\nof the climate leadership and community protection act; and\n  (K) any other information the authority determines to be appropriate.\n  (v) The plan shall include a list of proposed renewable energy\ngenerating projects. Such list shall include projects that are planned\nto be commenced prior to the next update or version of the plan, and at\nthe authority's discretion need not include any projects in the planning\nstage. Each proposed project listed shall include, without limitation:\n  (A) location of the project, to the extent that property associated\nwith such location has been secured for the proposed project;\n  (B) the type, or types, of renewable energy resources utilized;\n  (C) the potential generating capacity of each project;\n  (D) the estimated project cost;\n  (E) the timeline for completion; and\n  (F) the entity undertaking the proposed project and any public\npartnership agreements the authority or its subsidiaries enter into for\nsuch project.\n  (vi) In developing the strategic plan, the authority shall consult\nwith stakeholders including, without limitation, climate and resiliency\nexperts, labor organizations, environmental justice communities,\ndisadvantaged community members, residential and small business\nratepayer advocates, and community organizations. The authority shall\nalso seek, where possible, community input through the regional clean\nenergy hubs program administered by the energy research and development\nauthority.\n  (vii) The authority shall post a draft of the strategic plan on its\nwebsite for public comment for a period of at least sixty days, and\nshall hold at least three public hearings on the draft strategic plan in\nregionally diverse parts of the state. Consideration should be given to\nthe availability of public transit when selecting locations for\nin-person hearings.\n  (viii) The authority shall after considering the stakeholder input\npublish the first final strategic plan on its website no later than\nJanuary thirty-first, two thousand twenty-five.\n  (ix) The authority, until two thousand thirty-five, shall update each\nbiennial strategic plan annually, after a public comment period of at\nleast thirty days and at least one public hearing. Such updated\nstrategic plan shall include a review of the implementation of the\nprojects previously included in the strategic plan with necessary\nupdates, including status in the interconnection queue. The authority\nmay update the plan more often than annually provided that it follows\nthe public comment and public hearing process for updated plans\nprescribed by this paragraph.\n  (x) The strategic plan and any update thereof shall not be deemed\nfinal until it is approved by the authority's trustees.\n  (xi) During at least three board of trustees' meetings per year, there\nshall be a public report delivered and published on the development and\nimplementation of the authority's renewable energy generation strategic\nplan. A statement explaining that there is no update shall be\nacceptable.\n  (xii) The authority shall maintain a public dashboard on their website\ndemonstrating their progress in implementing the authority's renewable\nenergy generation strategic plan.\n  (f) The authority shall have the right to exercise and perform all or\npart of its powers and functions pursuant to this subdivision or\nsubdivision twenty-seven-b of this section, through one or more wholly\nowned subsidiaries. The authority may form such subsidiary by acquiring\nthe voting shares thereof or by resolution of the board directing any of\nits trustees, officers or employees to organize a subsidiary pursuant to\nthe business corporation law, or the not-for-profit corporation law, or\nas otherwise authorized by law. Such resolution shall prescribe the\npurpose for which such subsidiary is to be formed, which shall not be\ninconsistent with the provisions of this subdivision. Each such\nsubsidiary pursuant to this subdivision shall be subject to any\nprovision of this chapter pertaining to subsidiaries of public\nauthorities, except that subdivision three of section twenty-eight\nhundred twenty-seven-a of this chapter shall not apply to any subsidiary\norganized pursuant to this section. The authority may transfer to any\nsuch subsidiary any moneys, property (real, personal or mixed) or\nfacilities in order to carry out the purposes of this subdivision. Each\nsuch subsidiary shall have all the privileges, immunities, tax\nexemptions and other exemptions of the authority to the extent the same\nare not inconsistent with the statute or statutes pursuant to which such\nsubsidiary was incorporated; provided, however, that in any event any\nsuch subsidiary shall be entitled to exemptions from the public service\nlaw and any regulation by, or the jurisdiction of, the public service\ncommission, except as otherwise provided in this subdivision or\nsubdivision twenty-seven-b of this section. In exercising the authority\nprovided for in paragraph (a) of this subdivision, the authority or any\nsubsidiary thereof, may enter into public-private partnership\nagreements, to the extent the authority determines that such\ncollaborations are in the best interest of the state, and necessary to\nmitigate financial risks to the authority to manageable levels as\ndetermined by the trustees. Nothing in this subdivision shall be\nconstrued as authorizing any private entity that enters into a\npublic-private partnership or a similar agreement, or any contract\nauthorized herein, with the authority or a subsidiary thereof, to\nreceive, exercise or claim entitlement to any of the privileges,\nimmunities, tax exemptions or other exemptions of the authority or any\nsubsidiary thereof.\n  (g) The source of any financing and/or loans for any of the actions\nauthorized in this subdivision may include: (i) the proceeds of notes\nissued pursuant to section one thousand nine-a of this title; (ii) the\nproceeds of bonds issued pursuant to section one thousand ten of this\ntitle; (iii) other funds made available by the authority for such\npurposes; or (iv) any other funds made available to the authority from\nnon-authority sources including but not limited to state or federal\nmonies.\n  (h) For any renewable energy generating project authorized by this\nsubdivision, identified in the strategic plan and developed after its\neffective date, the authority is authorized, pursuant to law and\nregulation, to:\n  (i) sell renewable energy credits or attributes to, the New York state\nenergy research and development authority, including for the purpose of\nsupporting the greenhouse gas emission reduction goals in the climate\nleadership and community protection act;\n  (ii) sell renewable power and energy and ancillary services to, or\ninto, markets operated by the federally designated electric bulk system\noperator for New York state;\n  (iii) sell renewable power and energy and renewable energy credits or\nattributes to: (A) any load serving entity in the state, including the\nLong Island power authority (directly, or through its service provider,\nas appropriate), including but not limited to the purpose of providing\nbill credits to low-income or moderate-income end-use electricity\nconsumers in disadvantaged communities for renewable energy produced by\nrenewable energy systems as provided for in subdivision twenty-seven-b\nof this section;\n  (B) manufacturers of green hydrogen produced through electrolysis or\nother zero-emission technology to displace fossil fuel use in the state\nfor use at facilities located in the state;\n  (C) any public entity or authority customer;\n  (D) community distributed generation providers, energy aggregators and\nsimilar entities for the benefit of subscribers to community distributed\ngeneration projects in the state, including low-income or\nmoderate-income end-use electricity consumers located in disadvantaged\ncommunities; and\n  (E) any CCA community.\n  (i) For purposes of this subdivision, the following terms shall have\nthe meanings indicated in this paragraph unless the context indicates\nanother meaning or intent:\n  (i) "Authority customer" means an entity located in the state to which\nthe authority sells or is under contract to sell power or energy under\nthe authority in this title or any other law.\n  (ii) "CCA community" means one or more municipal corporations located\nwithin the state that have provided for the purchase of power, energy,\nor renewable energy credits or other attributes under a CCA program.\n  (iii) "CCA program" means a community choice aggregation program\napproved by the public service commission.\n  (iv) "Disadvantaged communities" has the meaning ascribed to that term\nby subdivision five of section 75-0101 of the environmental conservation\nlaw.\n  (v) "Public entity" has the same meaning as in subparagraph five of\nparagraph (b) of subdivision seventeen of this section.\n  (vi) "Renewable energy generating project" or "project" means:\n  (A) facilities that generate power and energy by means of a renewable\nenergy system;\n  (B) facilities that store and discharge power and energy; and\n  (C) facilities, including generator lead lines, for interconnection of\nrenewable energy generating projects to delivery points within the state\nof New York.\n  (vii) "Renewable energy system" has the same meaning as section\nsixty-six-p of the public service law.\n  (j) The authority shall complete and submit a report, on or before\nJanuary thirty-first, two thousand twenty-five, and annually thereafter,\nto the governor, the speaker of the assembly, and the temporary\npresident of the senate, and shall post such report on the authority's\nwebsite such that the report is accessible for public review. Such\nreport shall include, but not be limited to:\n  (i) a description of the renewable energy projects the authority has\nplanned, designed, developed, financed, or constructed and that it owns,\noperates, maintains or improves, alone or jointly with other entities,\nunder the authority of this subdivision;\n  (ii) a description of the acquisition, lease or other disposition of\ninterests in renewable energy generating projects by the authority under\nthis subdivision;\n  (iii) a listing of all renewable power, energy, ancillary services and\nrelated credits and attributes sold or purchased by the authority from\nsuch projects;\n  (iv) a listing of the entities to which the authority has supplied,\nallocated or sold any renewable power, energy, ancillary services or\nrelated credits or attributes from such projects;\n  (v) a listing and description of all subsidiaries that the authority\nformed, public-private partnerships the authority has joined, and the\nsubsidiaries and public-private partnerships from and to which the\nauthority acquired or transferred any interests;\n  (vi) the total amount of revenues generated from the sale of renewable\nenergy products from such projects; and\n  (vii) an explanation of how each renewable energy generation project\nsupports the purposes listed in paragraph (a) of this subdivision.\n  (k) All renewable energy generating projects subject to this\nsubdivision and subdivision twenty-seven-b of this section shall be\ndeemed public work and subject to and performed in accordance with\narticles eight and nine of the labor law. Each contract for such\nrenewable energy generating project shall contain a provision that such\nprojects may only be undertaken pursuant to a project labor agreement.\nFor purposes of this subdivision and subdivision twenty-seven-b of this\nsection, "project labor agreement" shall mean a pre-hire collective\nbargaining agreement between the authority, or a third party on behalf\nof the authority, and a bona fide building and construction trade labor\norganization establishing the labor organization as the collective\nbargaining representative for all persons who will perform work on a\npublic work project, and which provides that only contractors and\nsubcontractors who sign a pre-negotiated agreement with the labor\norganization can perform project work. All contractors and\nsubcontractors associated with this work shall be required to utilize\napprenticeship agreements as defined by article twenty-three of the\nlabor law.\n  (l) The authority shall include requirements in any procurement or\ndevelopment of a renewable energy generating project, as defined in this\nsubdivision, that the components and parts shall be produced or made in\nwhole or substantial part in the United States, its territories or\npossessions. The authority's president and chief executive officer, or\nhis or her designee may waive the procurement and development\nrequirements set forth in this paragraph if such official determines\nthat: the requirements would not be in the public interest; the\nrequirements would result in unreasonable costs; obtaining such\ninfrastructure components and parts in the United States would increase\nthe cost of a renewable energy generating project by an unreasonable\namount; or such components or parts cannot be produced, made, or\nassembled in the United States in sufficient and reasonably available\nquantities or of satisfactory quality. Such determination must be made\non an annual basis no later than December thirty-first, after providing\nnotice and an opportunity for public comment, and such determination\nshall be made publicly available, in writing, on the authority's website\nwith a detailed explanation of the findings leading to such\ndetermination. If the authority's president and chief executive officer,\nor his or her designee, has issued determinations for three consecutive\nyears finding that no such waiver is warranted pursuant to this\nparagraph, then the authority shall no longer be required to provide the\nannual determination required by this paragraph.\n  (m) (i) Nothing in this subdivision or subdivision twenty-seven-b of\nthis section shall alter the rights or benefits, and privileges,\nincluding, but not limited to terms and conditions of employment, civil\nservice status, and collective bargaining unit membership, of any\ncurrent employees of the authority.\n  (ii) Nothing in this article shall result in: (A) the discharge,\ndisplacement, or loss of position, including partial displacement such\nas a reduction in the hours of non-overtime work, wages, or employment\nbenefits; (B) the impairment of existing collective bargaining\nagreements; (C) the transfer of existing duties and functions; or (D)\nthe transfer of future duties and functions, of any currently employed\nworker of the state or any agency, public authority or the state\nuniversity of New York.\n  (n) The authority shall enter into a memorandum of understanding for\nthe operation and maintenance of a renewable energy generating project\ndeveloped pursuant to this subdivision or subdivision twenty-seven of\nthis section with a bona fide labor organization of jurisdiction that is\nactively engaged in representing transitioning employees from\nnon-renewable generation facilities. Such memorandum shall be entered\ninto prior to the completion date of a renewable energy generating\nproject and shall be an ongoing material condition of authorization to\noperate and maintain a renewable energy generating project developed\npursuant to this subdivision or subdivision twenty-seven-b of this\nsection. The memorandum shall only apply to the employees necessary for\nthe maintenance and operation of such renewable energy generating\nprojects. Such memorandum shall contain but not be limited to safety and\ntraining standards, disaster response measures, guaranteed hours,\nstaffing levels, pay rate protection, and retraining programs. The\nemployees eligible for these positions shall first be selected from a\npool of transitioning workers who have lost their employment or will be\nlosing their employment in the non-renewable energy generation sector.\nSuch list of potential employees will be provided by affected labor\norganizations and provided to the department of labor. The department of\nlabor shall update and provide such list to the authority ninety days\nprior to purchase, acquisition, and/or construction of any project under\nthis subdivision or subdivision twenty-seven-b of this section.\n  (o) For the purposes of article fifteen-A of the executive law, any\nperson entering into a contract for a project authorized pursuant to\nthis section shall be deemed a state agency as that term is defined in\nsuch article and such contracts shall be deemed state contracts within\nthe meaning of that term as set forth in such article.\n  * (p) Nothing in this subdivision or subdivision twenty-seven-b of\nthis section, shall be construed as exempting the authority, its\nsubsidiaries, or any renewable energy generating projects undertaken\npursuant to this section from the requirements of article VIII of the\npublic service law respecting any renewable energy system developed by\nthe authority or an authority subsidiary after the effective date of\nthis subdivision that meets the definition of "major renewable energy\nfacility" as defined in article VIII of the public service law, as it\nrelates to host community benefits, and section 11-0535-c of the\nenvironmental conservation law as it relates to an endangered and\nthreatened species mitigation bank fund.\n  * NB Effective until December 31, 2040\n  * (p) Nothing in this subdivision or subdivision twenty-seven-b of\nthis section, shall be construed as exempting the authority, its\nsubsidiaries, or any renewable energy generating projects undertaken\npursuant to this section from the requirements of section ninety-four-c\nof the executive law respecting any renewable energy system developed by\nthe authority or an authority subsidiary after the effective date of\nthis subdivision that meets the definition of "major renewable energy\nfacility" as defined in section ninety-four-c of the executive law and\nsection eight of part JJJ of chapter fifty-eight of the laws of two\nthousand twenty, as it relates to host community benefits, and section\n11-0535-c of the environmental conservation law as it relates to an\nendangered and threatened species mitigation bank fund.\n  * NB Effective December 31, 2040\n  (q) All renewable energy generating projects the authority plans to\nundertake pursuant to the authority and directive of paragraph (a) of\nthis subdivision, and identified in the strategic plan, shall be subject\nto review and approval of the authority's board of trustees.\n  27-b. (a) Definitions. For purposes of this subdivision, the following\nterms shall have the following meanings:\n  (i) "bill credit" means a monthly monetary credit which is funded by\nthe authority, as further determined by the public service commission\nand appears on the utility bill of a low-income or moderate-income\nend-use electricity consumer located in a disadvantaged community, for\nrenewable energy produced by renewable energy systems developed,\nconstructed, owned, or contracted for by the power authority of the\nstate of New York and injected into a distribution or transmission\nfacility at one or more points in New York state, together with any\nenhanced incentive payments for a community distributed generation\nproject serving a disadvantaged community provided for in paragraph (b)\nof subdivision seven of section sixty-six-p of the public service law,\ntogether with any other funding made available by the authority for such\npurposes;\n  (ii) "disadvantaged community" means a community defined as a\ndisadvantaged community in accordance with article seventy-five of the\nenvironmental conservation law;\n  (iii) "jurisdictional load serving entity" has the same meaning as\ndefined in paragraph (a) of subdivision one of section sixty-six-p of\nthe public service law;\n  (iv) "low-income or moderate-income end-use consumer" shall mean\nend-use customers of electric corporations and combination gas and\nelectric corporations regulated by the public service commission whose\nincome is found to be below the state median income based on household\nsize;\n  (v) "renewable energy" means electrical energy produced by a renewable\nenergy system;\n  (vi) "renewable energy systems" has the same meaning as defined in\nparagraph (b) of subdivision one of section sixty-six-p of the public\nservice law; and\n  (vii) "qualified energy storage system" has the same meaning as\ndefined in subdivision one of section seventy-four of the public service\nlaw.\n  (b) The authority is authorized and directed, as deemed feasible and\nadvisable by its trustees, to establish a program, as soon as\npracticable, to be known as the "renewable energy access and community\nhelp program" or "REACH", that will enable low-income or moderate-income\nend-use electricity consumers in disadvantaged communities, including\nsuch end-use electricity customers who reside in buildings that have\non-site net-metered generation or who participate in a community choice\naggregation or community distributed generation project, unless they opt\nout of REACH, to receive bill credits generated by the production of\nrenewable energy by a renewable energy system planned, designed,\ndeveloped, financed, constructed, owned, operated, maintained or\nimproved, or contracted for by the authority as a renewable energy\ngenerating project pursuant to subdivision twenty-seven-a of this\nsection. Such bill credits shall be in addition to any other renewable\nenergy program or any other program or benefit that end-use electricity\nconsumers in disadvantaged communities receive. For purposes of this\nsubdivision, a renewable energy system developed, constructed, owned, or\ncontracted for by the authority shall be: (i) sized up to and including\nfive megawatts alternating current and interconnected to the\ndistribution system or transmission system in the service territory of\nthe electric utility that serves the end-use electricity consumers that\nreceive bill credits; or (ii) sized above five megawatts alternating\ncurrent and interconnected to the distribution or transmission system at\none or more points anywhere within the state.\n  (c) For purposes of implementing REACH, the authority is authorized\nand directed, as deemed feasible and advisable by the trustees, to:\n  (i) pursuant to the authority provided in paragraph (a) of subdivision\ntwenty-seven-a of this section, develop, construct, own, and/or operate\nrenewable energy generating projects;\n  (ii) contract for the development, construction and/or operation of\nrenewable energy systems;\n  (iii) sell, purchase, and otherwise contract regarding renewable\nenergy, renewable energy credits or attributes and other energy products\nand services generated by renewable energy generating projects; and\n  (iv) enter into contracts for purposes of implementing REACH,\nincluding but not limited to agreements with developers, owners and\noperators of renewable energy systems, and agreements with\njurisdictional load serving entities and the Long Island power\nauthority, or its service provider, to provide for bill credits to\nend-use electricity consumers in disadvantaged communities for renewable\nenergy produced by renewable energy systems, upon terms and conditions\napproved by the public service commission pursuant to subdivisions seven\nand eight of section sixty-six-p of the public service law.\n  (d) The authority shall complete and submit a report, on or before\nJanuary thirty-first, two thousand twenty-five, and annually thereafter,\nto the governor, the speaker of the assembly, the temporary president of\nthe senate, the minority leader of the assembly, and the minority leader\nof the senate which shall be posted on the authority's website, and\nshall include, but not be limited to:\n  (i) contracts entered into by the authority for the development,\nconstruction and/or operation of renewable energy systems that are\nintended in whole or in part to support REACH, and the planned location\nof such projects;\n   (ii) renewable energy systems that are being planned and developed or\nthat have been developed by or for the authority that are intended in\nwhole or in part to support REACH, and the location of such projects;\n  (iii) an estimate of the aggregate amount of bill credits provided to\nend-use electricity consumers in disadvantaged communities under REACH;\n  (iv) an estimate of: (A) the total amount of revenues generated from\nthe sale of renewable capacity, energy, renewable credits or attributes,\nand related ancillary services that are used to fund bill credits; and\n(B) any other authority funds, as determined to be feasible and\nadvisable by the trustees, the authority has contributed for the purpose\nof funding bill credits under REACH;\n  (v) the amount of energy produced by each facility; and\n  (vi) the kilowatt-hour sales by project.\n  (e) The authority may request from any department, division, office,\ncommission or other agency of the state or any state public authority,\nand the same are authorized to provide, such assistance, services and\ndata as may be required by the authority in carrying out the purposes of\nthis subdivision.\n  (f) Within one year of the effective date of this subdivision, the\nauthority shall issue a report to the governor, the speaker of the\nassembly, the temporary president of the senate, the minority leader of\nthe assembly, and the minority leader of the senate that addresses the\nfeasibility and advisability of implementing a program similar to REACH\nfor the purpose of providing bill credits to low-income or\nmoderate-income end-use electricity consumers located in disadvantaged\ncommunities in the service territories of municipal distribution\nutilities and rural electric cooperatives located in New York state. The\nauthority may confer with any municipal distribution utility or its\nrepresentatives, and any rural electric cooperative or its\nrepresentatives, and may request from any municipal distribution\nutility, rural electric cooperative, department, division, office,\ncommission or other agency of the state or state public authority, and\nthe same are authorized to provide, such assistance, services and data\nas may be required by the authority to complete the report.\n  (g) Nothing in this subdivision shall be construed as authorizing any\nprivate entity that enters into a public-private partnership or a\nsimilar agreement, or any contract authorized herein, with the authority\nor an authority subsidiary, to receive, exercise or claim entitlement to\nany of the privileges, immunities, tax exemptions or other exemptions of\nthe authority or any authority subsidiary.\n  27-c. (a) Within two years of the effective date of this subdivision,\nthe authority shall publish a plan providing for the proposed phase out,\nby December thirty-first, two thousand thirty, of the production of\nelectric energy from its small natural gas power plants. The plan shall\ninclude a proposed strategy to replace, where appropriate, the small\nnatural gas power plants with renewable energy systems, as defined in\nsection sixty-six-p of the public service law, including renewable\nenergy generating projects authorized pursuant to subdivision\ntwenty-seven-a of this section provided such projects shall be included\nin the strategic plan established pursuant to subdivision twenty-seven-a\nof this section. By December thirty-first, two thousand thirty, the\nauthority shall cease production of electricity at each of its small\nnatural gas power plants should the authority determine that such plant\nor plants, or the electricity production therefrom are not needed for\nany of the following purposes: (i) emergency power service; or (ii)\nelectric system reliability, including but not limited to, operating\nfacilities to maintain power system requirements for facility thermal\nlimits, voltage limits, frequency limits, fault current duty limits, or\ndynamic stability limits, in accordance with the system reliability\nstandards of the North American electric reliability corporation,\ncriteria of the northeast power coordinating council, rules of the New\nYork state reliability council, and as applicable, reliability rules of\nthe utility in whose service territory a small natural gas power plant\nis located. Notwithstanding any other provision of this paragraph, the\nauthority may continue to produce electric energy at any of the small\nnatural gas power plants if existing or proposed replacement generation\nresources would result in more than a de minimis net increase of\nemissions of carbon dioxide or criteria air pollutants within a\ndisadvantaged community as defined in subdivision five of section\n75-0101 of the environmental conservation law. The authority shall file\ndeactivation notices with the federally designated electric bulk system\noperator for the state of New York for the purpose of ceasing\nelectricity production from the small natural gas power plants in a\ntimeframe sufficient to facilitate the cessation of electricity\nproduction pursuant to this paragraph.\n  (b) In determining whether to cease electricity production from any\nsmall natural gas power plant, the authority is authorized to confer\nwith the federally designated electric bulk system operator for the\nstate, the New York state energy research and development authority, the\ndepartment of public service, and the distribution utility in whose\nservice territory such small natural gas power plant operates, in\naddition to such other stakeholders as the authority determines to be\nappropriate. Determinations shall be on a plant by plant basis, be\nupdated no less than every two years, and be made publicly available\nalong with the supporting documentation on which the determination was\nbased. In making such determinations, the authority shall provide an\nopportunity for public comment of not less than sixty days prior to the\npublic hearing and shall hold at least one public hearing in the\naffected community.\n  (c) Nothing in this subdivision is intended to, nor shall be construed\nto, prohibit the authority in its discretion from using, or permitting\nthe use of, including through lease, sale, or other arrangement, any\nsmall natural gas power plant or its site or associated infrastructure\nin whole or in part for electric system purposes that does not involve\nthe combustion of fossil fuels, including, but not limited to providing\nsystem voltage support, energy storage, interconnection of existing or\nnew renewable generation, or the use of the generator step up\ntransformers and substations for transmission or distribution purposes\nprovided that such use, lease, sale, or other arrangement shall comply\nwith existing law.\n  (d) For purposes of this subdivision, the term "small natural gas\npower plant" or "plant" means each of the seven electric generating\npower plants owned and operated by the authority located at six sites in\nBronx, Brooklyn, Queens and Staten Island and one site in Brentwood,\nSuffolk county, which each use one or more simple cycle combustion\nturbine units, totaling eleven units, fueled by natural gas and which\ntypically operate during periods of peak electric system demand.\n  27-d. Beginning in state fiscal year two thousand twenty-four--two\nthousand twenty-five, the authority is authorized, as deemed feasible\nand advisable by the trustees, to make available an amount up to\ntwenty-five million dollars annually to the department of labor to fund\nprograms established or implemented by or within the department of\nlabor, including but not limited to the office of just transition and\nprograms for workforce training and retraining, to prepare workers for\nemployment for work in the renewable energy field.\n  28. The authority may establish a subsidiary corporation for the\npurpose of forming a pure captive insurance company as provided in\nsection seven thousand two of the insurance law. The members of such\nsubsidiary corporation of the authority shall be the same persons\nholding the offices of members of the authority. The employees of any\nsuch subsidiary corporation, except those who are also employees of the\nauthority, shall not be deemed employees of the authority.\n  29. (a) Notwithstanding any other provision of law, the authority is\nauthorized, as deemed feasible and advisable by the trustees, to enter\ninto lease agreements with other state instrumentalities and municipal\nentities for the use of excess capacity in the authority's fiber optic\ncommunications infrastructure to provide affordable, high-speed\nbroadband in unserved and underserved communities in the state.\n  (b) Any excess fiber optic communication infrastructure leased out by\nthe authority to a state instrumentality or municipal entity pursuant to\nparagraph (a) of this subdivision shall be at a rate that is no greater\nthan necessary to cover the cost of maintenance of such fiber optic\ncommunications infrastructure, provided that this paragraph shall not\nlimit the authority from recovering other costs it incurs to make such\nexcess capacity available in unserved and underserved communities in the\nstate.\n  (c) Lease agreements authorized pursuant to paragraph (a) of this\nsubdivision shall allow for further sublease agreements between state\ninstrumentalities and municipal entities and internet service providers\nfor the use of such fiber optic communications infrastructure for the\npurpose of providing affordable, high-speed broadband in unserved and\nunderserved communities in the state.\n  (d) Lease agreements authorized pursuant to paragraph (a) of this\nsubdivision, and sublease agreements authorized pursuant to paragraph\n(c) of this subdivision, shall be subject to review and comment by the\ndivision of broadband access within the empire state development\ncorporation in consultation with the public service commission.\n  (e) Nothing in this subdivision is intended to limit, impair, or\naffect the legal authority of the authority that existed as of the\neffective date of this subdivision.\n  30. To establish decarbonization action plans for state-owned\nfacilities as provided for in section ninety of the public buildings\nlaw, and to consult, cooperate, and coordinate with any state entity, as\nrequired or authorized in article four-D of the public buildings law.\n  The authority is authorized to allocate up to seventy megawatts of\nunallocated power from the Niagara project sold prior to the effective\ndate of this paragraph as replacement power, up to thirty-eight and\nsix-tenths megawatts of preservation power from the Saint Lawrence-FDR\nproject which is relinquished or withdrawn after the effective date of\nthis paragraph, and for the period ending on December thirty-first, two\nthousand six, up to an additional twenty megawatts of power from the\nSaint Lawrence-FDR project which is unallocated as of the effective date\nof this paragraph, for sale into the wholesale market, the net earnings\nfrom which and such other funds of the authority as deemed feasible and\nadvisable by the trustees, shall be used for energy cost savings\nbenefits. Such energy cost savings benefits shall be made upon\nrecommendation of the economic development power allocation board,\npursuant to subdivision (h) of section one hundred eighty-three of the\neconomic development law. For purposes of this paragraph, the term net\nearnings shall mean any excess of revenues earned from the sale of such\npower allocated to the wholesale market from the Niagara and Saint\nLawrence-FDR projects over the revenues that would have been received\nhad such firm power been allocated and sold on a firm basis by the\nauthority prior to the effective date of this paragraph.\n  The governor shall establish a temporary commission on the future of\nNew York state power programs for economic development as soon as\npracticable but no later than May first, two thousand six. On or before\nDecember first, two thousand six, the commission shall make\nrecommendations to the governor and the legislature on whether to\ncontinue, modify, expand or replace the state's economic development\npower programs, including but not limited to the power for jobs program\nand the energy cost savings benefit program, and shall recommend\nlegislative language necessary to implement its recommendations. The\ncommission shall consist of eleven members, comprised of five members\nappointed by the governor, one of whom he or she shall designate as\nchairperson, two members by the speaker of the assembly, two members by\nthe temporary president of the senate, one member by the minority leader\nof the assembly and one member by the minority leader of the senate.\n
N.Y. ELD Law § 209 — New York Code / Act ELD / Article 2 / Title 1 / Section 209
Naturally occurring retirement community supportive service program
Status: in_force

§ 209. Naturally occurring retirement community supportive service\nprogram. 1. As used in this section:\n  (a) "Older adults" shall mean persons who are sixty years of age or\nolder.\n  (b) "Eligible applicant" shall mean a not-for-profit agency\nspecializing in housing, health or other human services which serves or\nwould serve the community within which a naturally occurring retirement\ncommunity is located.\n  (c) "Health indicators/performance improvement" shall mean a survey\ntool, database, and process that provides grantees with performance\noutcomes data.\n  (d) "Eligible services" shall mean the following services provided by\na classic or neighborhood NORC program, or in coordination with other\nentities, including, but not limited to: person centered planning, case\nassistance, care coordination, information and assistance, application\nand benefit assistance, health care management and assistance, volunteer\nservices, health promotion and linkages to prevention services and\nscreenings, linkages to in-home services, health indicators/performance\nimprovement, housekeeping/chore, personal care, counseling, shopping\nand/or meal preparation assistance, escort, telephone reassurance,\ntransportation, friendly visiting, support groups, personal emergency\nresponse systems (PERS), meals, recreation, bill paying assistance,\neducation regarding the signs of elder abuse or exploitation and\navailable resources for a senior who is a suspected victim of elder\nabuse or exploitation, or identity theft, chemical dependence counseling\nprovided by credentialed alcoholism and substance abuse counselors as\ndefined in paragraph three of subdivision (d) of section 19.07 of the\nmental hygiene law and referrals to appropriate chemical dependence\ncounseling providers, and other services designed to address the needs\nof residents of classic and neighborhood NORCS by helping them extend\ntheir independence, improve their quality of life, and maximize their\nwell-being.\n  (e) "Naturally occurring retirement community", "classic naturally\noccurring retirement community" or "classic NORC" shall mean an\napartment building or housing complex which:\n  (1) was not predominantly built for older adults;\n  (2) does not restrict admissions solely to older adults;\n  (3) (A) at least forty percent of the units have an occupant who is an\nolder adult; and\n  (B) in which at least two hundred fifty of the residents of an\napartment building are older adults or five hundred residents of a\nhousing complex are older adults; and\n  (4) a majority of the older adults to be served are low or moderate\nincome, as defined by the United States Department of Housing and Urban\nDevelopment.\n  (f) "Neighborhood naturally occurring retirement community" or\n"neighborhood NORC" shall mean a residential dwelling or group of\nresidential dwellings in a geographically defined neighborhood or group\nof contiguous neighborhoods which:\n  (1) was not predominantly developed for older adults;\n  (2) does not predominantly restrict admission to older adults;\n  (3) (A) in a non-rural area, has at least thirty percent of the\nresidents who are older adults or the units have an occupant who is an\nolder adult; (B) in a rural area, has at least twenty percent of the\nresidents who are older adults or the units have an occupant who is an\nolder adult; and\n  (4) is made up of low-rise buildings six stories or less and/or single\nand multi-family homes, provided, however, that apartment buildings and\nhousing complexes, including those that exceed six stories, may be\nincluded.\n  (g) "Rural areas" shall mean counties within the state having a\npopulation of less than two hundred thousand persons including the\nmunicipalities, individuals, institutions, communities, programs, and\nsuch other entities or resources as are found therein; or, in counties\nwith a population of two hundred thousand or more, towns with a\npopulation density of less than one hundred and fifty persons per square\nmile including the villages, individuals, institutions, communities,\nprograms, and such other entities or resources as are found therein.\n  (h) "Non-rural areas" shall mean any county, city, or town that has a\npopulation or population density greater than that which defines a rural\narea pursuant to this subdivision.\n  2. A naturally occurring retirement community supportive service\nprogram is established as a program to be administered by the director.\n  3. The director shall develop appropriate criteria for the selection\nof grantees of funds provided pursuant to this section.\n  4. The criteria for the award of grants shall be consistent with the\nprovisions of this section and shall include, at a minimum:\n  (a) the number, size, type and location of the projects to be served,\nincluding the number, size, type and location of residential dwellings\nor group of residential dwellings selected as candidates for inclusion\nin a neighborhood naturally occurring retirement community; provided,\nthat the director shall make reasonable efforts to assure that\ngeographic balance in the distribution of such projects is maintained,\nconsistent with the needs to be addressed, funding available,\napplications for eligible applicants, ability to coordinate services,\nother requirements of this section, and other criteria developed by the\ndirector;\n  (b) the appropriate number and concentration of older adult residents\nto be served by an individual project; provided, that such criteria need\nnot specify, in the case of a project which includes several buildings,\nthe number of older adults to be served in any individual building;\n  (c) the demographic characteristics of the residents to be served;\n  (d) a requirement that the applicant demonstrate community wide\nsupport from residents, neighborhood associations, community groups,\nnonprofit organizations and others;\n  (e) in the case of neighborhood naturally occurring retirement\ncommunities, a requirement that the boundaries of the geographic area to\nbe served are clear and coherent and create an identifiable program and\nsupportive community;\n  (f) the financial or in-kind support required to be provided to the\nproject by the owners, managers and residents of the housing development\nor geographically defined area; provided, however, that such criteria\nneed not address whether the funding is public or private, or the source\nof such support;\n  (g) the scope and intensity of the services to be provided, and their\nappropriateness for the residents proposed to be served. The applicant\nshall have conducted a needs assessment on the basis of which such\napplicant shall establish the nature and extent of services to be\nprovided; and further that such services shall provide a mix of\nappropriate services that provide active and meaningful participation\nfor residents. The criteria shall not require that the applicant agency\nbe the sole provider of such services, but shall require that the\napplicant at a minimum actively manage the provision of such services.\nSuch services may be the same as services provided by the local\nmunicipality or other community-based organization provided that those\nservices are not available to or do not entirely meet the needs of the\nresidents of the classic or neighborhood naturally occurring retirement\ncommunity;\n  (h) the experience and financial stability of the applicant agency,\nwho shall demonstrate to the satisfaction of the director their fiscal\nand managerial stability and programmatic success in serving residents;\n  (i) the plan for active, meaningful participation for residents\nproposed to be served in project design, implementation, monitoring,\nevaluation, and governance;\n  (j) an agreement by the applicant to participate in data collection\nand evaluation necessary to implement performance measures for health\nindicators/performance improvement and complete the report required by\nthis section;\n  (k) the policy and program roles of the applicant agency and any other\nagencies involved in the provision of services or the management of the\nproject, including community-based organizations, the housing\ndevelopment governing body, or other owners or managers of the apartment\nbuildings and housing complexes and the residents of such apartment\nbuildings and housing complexes. The criteria shall require a clear\ndelineation of such policy and program roles;\n  (l) a requirement that each eligible agency document the need for the\nproject and financial commitments to it from such sources as the\ndirector shall deem appropriate given the character and nature of the\nproposed project, and written evidence of support from the appropriate\nhousing development governing body or other owners or managers of the\napartment buildings and housing complexes in the case of classic\nnaturally occurring retirement communities, or the geographically\ndefined neighborhood in the case of neighborhood naturally occurring\nretirement communities. The purpose of such documentation shall be to\ndemonstrate the need for the project, support for it in the areas to be\nserved, and the financial and managerial ability to sustain the project;\n  (m) a requirement that any aid provided pursuant to this section be\nmatched by an amount equal to one quarter of the aid provided,\nconsisting of monetary support, in-kind support, or some combination\nthereof from other sources, provided that such in-kind support be\nutilized only upon approval from the director and only to the extent\nmatching funds are not available and that at least fifty percent of such\nrequired match be contributed by the housing development governing body\nor other owners or managers and residents of the apartment buildings and\nhousing complexes, or geographically defined area, in which the project\nis proposed, or, upon approval by the director, sources in neighborhoods\ncontiguous to the boundaries of the geographic areas served where\nservices may also be provided pursuant to subdivision six of this\nsection;\n  (n) the circumstances under which the director may waive all or part\nof the requirement for provision of an equal amount of funding from\nother sources required pursuant to paragraph (m) of this subdivision,\nprovided that such criteria shall include provision for waiver at the\ndiscretion of the director upon a finding by the director that the\nprogram will serve a low income or hardship community, and that such\nwaiver is required to assure that such community receive a fair share of\nthe funding available. The director shall develop appropriate criteria\nfor determining whether a community is a low income or hardship\ncommunity;\n  (o) the policy and program roles of the applicant agency and any other\nagencies involved in the provision of services or the management of the\nneighborhood naturally occurring retirement community, provided that the\ncriteria shall require a clear delineation of such policy and program\nroles; and\n  (p) a plan for coordination with the designated area agency on aging\nto leverage additional services for classic or neighborhood NORC\nparticipants.\n  4-a. The director shall develop a list of priority and optional\nservices from the eligible services listed in paragraph (d) of\nsubdivision one of this section which may be used in the selection of\ngrantees pursuant to this section.\n  4-b. Notwithstanding any provision of law to the contrary, priority\nshall be given in any competitive bidding or request for proposals\nprocess conducted for the naturally occurring retirement community\nsupportive services program to applicants that propose to serve a\nbuilding, housing complex, or catchment area that is being served at the\ntime of the competitive bidding or request for proposals process.\n  5. Within amounts specifically appropriated therefor and consistent\nwith the criteria developed and required pursuant to this section the\ndirector shall approve grants to eligible applicants. Individual grants\nawarded for classic NORC programs shall be in amounts not to exceed\nthree hundred thousand ($300,000) dollars and for neighborhood NORCs not\nless than sixty thousand ($60,000) dollars in any twelve month period.\n  6. The director may allow services provided by a naturally occurring\nretirement community supportive service program or by a neighborhood\nnaturally occurring retirement community to also include services to\nresidents who live in neighborhoods contiguous to the boundaries of the\ngeographic area served by such programs if: (a) the persons served are\nolder adults; (b) the services affect the health and welfare of such\npersons; and (c) the services are provided on a one-time basis in the\nyear in which they are provided, and not in a manner which is said or\nintended to be continuous. The director may also consent to the\nprovision of such services by such program if the program has received a\ngrant which requires services to be provided beyond the geographic\nboundaries of the program. The director shall establish procedures under\nwhich a program may request the ability to provide such services. The\nprovision of such services shall not affect the funding provided to the\nprogram by the department pursuant to this section.\n  7. The director shall promulgate rules and regulations as necessary to\ncarry out the provisions of this section.\n  * 8. On or before March first, two thousand nineteen, and every five\nyears thereafter, the director shall report to the governor and the\nfinance committee of the senate and the ways and means committee of the\nassembly concerning the effectiveness of the naturally occurring\nretirement community supportive services program in achieving the\nobjectives set forth by this section, which include helping to address\nthe needs of residents in such classic and neighborhood naturally\noccurring retirement communities, assuring access to a continuum of\nnecessary services, increasing private, philanthropic and other public\nfunding for programs, and preventing unnecessary hospital and nursing\nhome stays. The report shall also include recommendations concerning\ncontinuation or modification of the program from the director. The\ndirector shall provide the required information and any other\ninformation deemed appropriate to the report in such form and detail as\nwill be helpful to the legislature and the governor in determining to\nextend, eliminate or modify the program including, but not limited to,\nthe following:\n  (a) the number, size, type and location of the projects developed and\nfunded, including the number, kinds and functions of staff in each\nprogram;\n  (b) the age, sex, religion and other appropriate demographic\ninformation concerning the residents served;\n  (c) the services provided to residents, reported in such manner as to\nallow comparison of services by demographic group and region;\n  (d) a listing of the services provided by eligible applicants,\nincluding the number, kind and intensity of such services; and\n  (e) a listing of partner organizations providing services, the number,\nkind and intensity of such services, and, to the extent practicable, the\noutcomes of such referrals.\n  * NB Effective until September 1, 2024\n  * 8. On or before March first, two thousand nineteen, and every five\nyears thereafter, the director shall report to the governor and the\nfinance committee of the senate and the ways and means committee of the\nassembly concerning the effectiveness of the naturally occurring\nretirement community supportive services program in achieving the\nobjectives set forth by this section, which include helping to address\nthe needs of residents in such classic and neighborhood naturally\noccurring retirement communities, assuring access to a continuum of\nnecessary services, increasing private, philanthropic and other public\nfunding for programs, and preventing unnecessary hospital and nursing\nhome stays. The report shall also include recommendations concerning\ncontinuation or modification of the program from the director. The\ndirector shall provide the required information and any other\ninformation deemed appropriate to the report in such form and detail as\nwill be helpful to the legislature and the governor in determining to\nextend, eliminate or modify the program including, but not limited to,\nthe following:\n  (a) the number, size, type and location of the projects developed and\nfunded, including the number, kinds and functions of staff in each\nprogram;\n  (b) the age, sex, religion and other appropriate demographic\ninformation concerning the residents served;\n  (c) the services provided to residents, reported in such manner as to\nallow comparison of services by demographic group and region;\n  (d) a listing of the services provided by eligible applicants,\nincluding the number, kind and intensity of such services;\n  (e) a listing of partner organizations providing services, the number,\nkind and intensity of such services, and, to the extent practicable, the\noutcomes of such referrals; and\n  (f) the number of residents participating in programs or services\nprovided under this section who report suffering from social isolation\nand loneliness and the services provided to residents.\n  * NB Effective September 1, 2024\n  9. In the event that a classic or neighborhood NORC is no longer\nfunded under this section, the director shall, to the best of the\ndirector's ability, provide information about nearby services available\nto older adults who currently live in such classic or neighborhood NORC.\n
N.Y. VAT Law § 143-A — New York Code / Act VAT / Title 1 / Article 1 / Section 143-A
Shoulder
Status: in_force

§ 143-a. Shoulder. That improved portion of a highway contiguous with\nthe roadway.\n
N.Y. EDN Law § 307 — New York Code / Act EDN / Title 1 / Article 7 / Section 307
Acquisition of real property
Status: in_force

§ 307.  Acquisition of real property.  1.  The commissioner of\neducation, when an appropriation therefor has been made by the\nlegislature, may acquire any real property which he may deem necessary\nfor the purposes of a state educational institution by purchase or\npursuant to the provisions of the eminent domain procedure law the title\nto which shall be taken in the name of and be vested in the people of\nthe state of New York; provided, however, that no real property shall be\nso acquired by purchase unless the title thereto shall be approved by\nthe attorney general.\n  2.  Whenever real property is to be so acquired pursuant to the\nprovisions of the eminent domain procedure law, by appropriation, the\ncommissioner of education shall cause to be made by the state department\nof transportation an accurate acquisition map.  With respect to any real\nproperty or any easement to be so acquired for state university\npurposes, the state university trustees may cause the map, description\nand survey contemplated by this subdivision, and any changes,\nalterations or modifications in such map contemplated by subdivision\nfive of this section, to be made by the state department of\ntransportation or, with the approval of the director of the budget, by a\nlicensed professional engineer or a licensed land surveyor, and the\nstate commissioner of transportation and the state university trustees\nmay each authorize the state university construction fund to act as\nagent in making such map, description and survey.\n  3. On the approval of such map by the commissioner, the original\ntracing of such map shall be filed in the main office of the department\npursuant to the provisions of the eminent domain procedure law. With\nrespect to any real property or easement to be so acquired for state\nuniversity purposes, the original tracing of such map shall be filed in\nthe office of the state university trustees.\n  4. If the commissioner shall determine, prior to the filing of such\nmap in the office of the clerk or register of the county, that changes,\nalterations or modifications of such map as filed in the main office of\nthe department should be made, he or she shall, subject to the\nprovisions of article two of the eminent domain procedure law, if\napplicable, direct the preparation by the department of transportation\nof an amended map. On the approval of such amended map by the\ncommissioner, it shall be filed in the main office of the department and\nthe amended map shall thereupon in all respects and for all purposes\nsupersede the map previously filed. With respect to any real property or\nany easement to be so acquired for state university purposes, upon the\napproval of such amended map by the state university trustees, it shall\nbe filed in the office of the state university trustees and the amended\nmap shall thereupon in all respects and for all purposes supersede the\nmap previously filed.\n  5. If the commissioner shall determine, prior to the filing of a copy\nof such acquisition map in the office of the county clerk or register as\nprovided in section four hundred two of the eminent domain procedure\nlaw, that such map should be withdrawn, he or she may file a certificate\nof withdrawal in the offices of the department and of the department of\nlaw.  Upon the filing of such certificate of withdrawal, the map to\nwhich it refers shall be cancelled and all rights thereunder shall cease\nand determine.\n  6.  The commissioner shall deliver to the attorney general a copy of\nsuch acquisition map, whereupon it shall be the duty  of the attorney\ngeneral to advise and certify to the commissioner the names of the\nowners of the property, easements, interests or rights described in the\nsaid acquisition map, including the owners of any right, title or\ninterest therein, pursuant to the requirements of section four hundred\nthree of the eminent domain procedure law.\n  7.  If, at or after the vesting of title to such property in the\npeople of the state of New York, as provided in the eminent domain\nprocedure law, the commissioner of education shall deem it necessary to\ncause the removal of an owner or occupant from any real property so\nacquired, he may cause such owner or occupant to be removed therefrom by\nproceeding in accordance with section four hundred five of the eminent\ndomain procedure law.  The proceeding shall be brought in the name of\nthe commissioner of education as agent of the state and the attorney\ngeneral shall represent the petitioner in the proceedings.  No execution\nshall issue for costs, if any, awarded against the state or the\ncommissioner of education, but they shall be part of the costs of the\nacquisition of the real property and be paid in like manner.\nProceedings may be brought separately against one or more of the owners\nor occupants of any such property, or one proceeding may be brought\nagainst all or several of the owners or occupants of any or all such\nproperty within the territorial jurisdiction of the same court, justice\nor judge; a final judgment shall be made for immediate removal of\npersons defaulting in appearance or in answering, or withdrawing their\nanswers, if any, without awaiting the trial or decision of issues raised\nby contestants, if any.\n  8.  Upon making any agreement provided for in section three hundred\nfour of the eminent domain procedure law the commissioner of education\nor such trustees of the state university of New York, as the case may\nbe, shall deliver to the comptroller such agreement and a certificate\nstating the amount due such owner or owners thereunder on account of\nsuch appropriation of his or their property and the amount so fixed\nshall be paid out of the state treasury after audit by the comptroller\nfrom moneys appropriated for the acquisition of such real property, but\nnot until there shall have been filed with the comptroller a certificate\nof the attorney general showing the person or persons claiming the\namount so agreed upon to be legally entitled thereto.\n  9.  Application for reimbursement of incidental expenses as provided\nin section seven hundred two of the eminent domain procedure law shall\nbe made to the commissioner upon forms prescribed by him and shall be\naccompanied by such information and evidence as the commissioner may\nrequire.  Upon approval of such application, the commissioner shall\ndeliver a copy thereof to the comptroller together with a certificate\nstating the amount due thereof, and the amount so fixed shall be paid\nout of the state treasury after audit by the comptroller from monies\nappropriated for the acquisition of property under this section.\n  10.  The commissioner of education and the trustees of the state\nuniversity of New York, with the approval of the director of the budget,\nshall establish and may from time to time amend rules and regulations\nauthorizing the payment of actual reasonable and necessary moving\nexpenses of occupants of property acquired pursuant to this section; of\nactual direct losses of tangible personal property as a result of moving\nor discontinuing a business or farm operation, but not exceeding an\namount equal to the reasonable expenses that would have been required to\nrelocate such property, as determined by the commissioner of education\nand the trustees of the state university of New York; and actual\nreasonable expenses in searching for a replacement business or farm; or\nin hardship cases for the advance payment of such expenses and losses.\nFor the purposes of making payment of such expenses and losses only the\nterm "business" means any lawful activity conducted primarily for\nassisting in the purchase, sale, resale, manufacture, processing or\nmarketing of products, commodities, personal property or services by the\nerection and maintenance of an outdoor advertising display or displays,\nwhether or not such display or displays are located on the premises on\nwhich any of the above activities are conducted.  Such rules and\nregulations may further define the terms used in this subdivision.  In\nlieu of such actual reasonable and necessary moving expenses, any such\ndisplaced owner or tenant of residential property may elect to accept a\nmoving expense allowance, plus a dislocation allowance, determined in\naccordance with a schedule prepared by the commissioner of education and\nthe trustees of the state university of New York and made a part of such\nrules and regulations.  In lieu of such actual reasonable and necessary\nmoving expenses, any such displaced owner or tenant of commercial\nproperty who relocates or discontinues his business or farm operation\nmay elect to accept a fixed relocation payment in an amount equal to the\naverage annual net earnings of the business or farm operation, except\nthat such payment shall be not less than two thousand five hundred\ndollars nor more than ten thousand dollars.  In the case of a business,\nno such fixed relocation payment shall be made unless the commissioner\nof education or, in the case of an acquisition, for the purposes of the\nstate university, the trustees of the state university of New York find\nand determine that the business cannot be relocated without a\nsubstantial loss of its existing patronage, and that the business is not\na part of a commercial enterprise having at least one other\nestablishment, which is not being acquired by the state or the United\nStates, which is engaged in the same or similar business.  In the case\nof a business which is to be discontinued but for which the findings and\ndeterminations set forth above cannot be made, the commissioner or the\ntrustees of the state university of New York may prepare an estimate of\nwhat the actual reasonable and necessary moving expenses, exclusive of\nany storage charges, would be if the business were to be relocated and\nenter into an agreed settlement with the owner of such business for an\namount not to exceed such estimate in lieu of such actual reasonable and\nnecessary moving expenses.  Application for payment under this\nsubdivision shall be made to the commissioner of education or, in the\ncase of an acquisition for the purposes of the state university, to the\ntrustees of the state university of New York and shall be accompanied by\nsuch information and evidence as the commissioner or such trustees, as\nthe case may be, may require.  Upon approval of such application, the\ncommissioner or such trustees, as the case may be, shall deliver a copy\nthereof to the comptroller together with a certificate stating the\namount due thereunder, and the amount so fixed shall be paid out of the\nstate treasury after audit by the comptroller from moneys appropriated\nfor the acquisition of property under this section.  As used in this\nsubdivision the term "commercial property" shall include property owned\nby an individual, family, partnership, corporation, association or a\nnonprofit organization and includes a farm operation.  As used in this\nsubdivision the term "business" means any lawful activity, except a farm\noperation, conducted primarily for the purchase, sale, lease and rental\nof personal and real property, and for the manufacture, processing, or\nmarketing of products, commodities, or any other personal property; for\nthe sale of services to the public; or by a nonprofit organization.\n  11.  Authorization is hereby given to the commissioner of education or\nin the case of an acquisition for the purposes of the state university\nto the trustees of the state university of New York to make supplemental\nrelocation payments, separately computed and stated, to displaced owners\nand tenants of residential property acquired pursuant to this section\nwho are entitled thereto, as determined by the commissioner of education\nor such trustees, as the case may be.  The commissioner of education and\nthe trustees of the state university of New York may, with the approval\nof the director of the budget, establish and from time to time amend\nrules and regulations providing for such supplemental relocation\npayments.  Such rules and regulations may further define the terms used\nin this subdivision.  In the case of property acquired pursuant to this\nsection which is improved by a dwelling actually owned and occupied by\nthe displaced owner for not less than one hundred eighty days\nimmediately prior to initiation of negotiations for the acquisition of\nsuch property, such payment to such owner shall not exceed fifteen\nthousand dollars.  Such payment shall be the amount, if any, which, when\nadded to the acquisition payment equals the average price, established\nby the commissioner of education or such trustees, as the case may be,\non a class, group or individual basis, required to obtain a comparable\nreplacement dwelling that is decent, safe and sanitary to accommodate\nthe displaced owner, reasonably accessible to public services and places\nof employment and available on the private market, but in no event shall\nsuch payment exceed the difference between acquisition payment and the\nactual purchase price of the replacement dwelling.  Such payment shall\ninclude an amount which will compensate such displaced owner for any\nincreased interest costs which such person is required to pay for\nfinancing the acquisition of any such comparable replacement dwelling.\nSuch amount shall be paid only if the dwelling acquired pursuant to this\nsection was encumbered by a bona fide mortgage which was a valid lien on\nsuch dwelling for not less than one hundred eighty days prior to the\ninitiation of negotiations for the acquisition of such dwelling.  Such\namount shall be equal to the excess in the aggregate interest and other\ndebt service costs of that amount of the principal of the mortgage on\nthe replacement dwelling which is equal to the unpaid balance of the\nmortgage on the acquired dwelling, over the remainder term of the\nmortgage on the acquired dwelling, reduced to discounted present value.\nThe discount rate shall be the prevailing interest rate paid on savings\ndeposits by commercial banks in the general area in which the\nreplacement dwelling is located.  Any such mortgage interest\ndifferential payment shall, notwithstanding the provisions of section\ntwenty-six-b of the general construction law, be in lieu of and in full\nsatisfaction of the requirements of such section.  Such payment shall\ninclude reasonable expenses incurred by such displaced owner for\nevidence of title, recording fees and other closing costs incident to\nthe purchase of the replacement dwelling, but not including prepaid\nexpenses.  Such payment shall be made only to a displaced owner who\npurchases and occupies a replacement dwelling which is decent, safe and\nsanitary within one year subsequent to the date on which he is required\nto move from the dwelling acquired pursuant to this section or the date\non which he receives from the state final payment of all costs of the\nacquired dwelling, whichever occurs later, except advance payment of\nsuch amount may be made in hardship cases.  In the case of property\nacquired pursuant to this section from which an individual or family,\nnot otherwise eligible to receive a payment pursuant to the above\nprovisions of this subdivision, is displaced from any dwelling thereon\nwhich has been actually and lawfully occupied by such individual or\nfamily for not less than ninety days immediately prior to the initiation\nof negotiations for the acquisition of such property, such payment to\nsuch individual or family shall not exceed four thousand dollars.  Such\npayment shall be the amount which is necessary to enable such individual\nor family to lease or rent for a period not to exceed four years, a\ndecent, safe, and sanitary dwelling of standards adequate to accommodate\nsuch individual or family in areas not generally less desirable in\nregard to public utilities and public and commercial facilities and\nreasonably accessible to his place of employment, but shall not exceed\nfour thousand dollars, or to make the down payment, including reasonable\nexpenses incurred by such individual or family for evidence of title,\nrecording fees, and other closing costs incident to the purchase of the\nreplacement dwelling, but not including prepaid expenses, on the\npurchase of a decent, safe and sanitary dwelling of standards adequate\nto accommodate such individual or family in areas not generally less\ndesirable in regard to public utilities and public and commercial\nfacilities, but shall not exceed four thousand dollars, except if such\namount exceeds two thousand dollars, such person must equally match any\nsuch amount in excess of two thousand dollars, in making the down\npayment.  Such payments may be made in installments as determined by the\ncommissioner of education or such trustees, as the case may be.\nApplication for payment under this subdivision shall be made to the\ncommissioner of education or such trustees, as the case may be, and\nshall be accompanied by such information and evidence as the\ncommissioner or such trustees, as the case may be, may require.  Upon\napproval of such application, the commissioner or such trustees, as the\ncase may be, shall deliver a copy thereof to the comptroller, together\nwith a certificate stating the amount due thereunder, and the amount so\nfixed shall be paid out of the state treasury after audit by the\ncomptroller from moneys appropriated for the acquisition of property\nunder this section.\n  12.  The owner of any real property so acquired may present to the\ncourt of claims, pursuant to section five hundred three of the eminent\ndomain procedure law, a claim for the value of such property acquired\nand for legal damages caused by such acquisition, as provided by law for\nthe filing of claims with the court of claims.  Awards and judgments of\nthe court of claims shall be paid in the same manner as awards and\njudgments of that court for the acquisition of lands generally and shall\nbe paid out of the state treasury after audit by the comptroller from\nmoneys appropriated for the acquisition of such real property.\n  13.  If the commissioner of education shall determine subsequent to\nthe acquisition of a temporary easement in any real property that the\npurposes for which such easement right was acquired have been\naccomplished and that the exercise of such easement is no longer\nnecessary, he shall make his certificate that the exercise of such\neasement is no longer necessary and that such easement right is\ntherefore terminated, released and extinguished.  The commissioner of\neducation shall cause such certificate to be filed in the office of the\ndepartment of state and upon such filing all rights acquired by the\nstate in such property shall cease and determine.  The commissioner of\neducation shall cause a certified copy of such certificate as so filed\nin the office of the department of state to be mailed to the owner of\nthe property affected, as certified by the attorney general, if the\nplace of residence of such owner is known or can be ascertained by a\nreasonable effort and such commissioner of education shall cause a\nfurther certified copy of such certificate to be filed in the office of\nthe recording officer of each county in which the property affected or\nany part thereof is situated.  On the filing of such certified copy of\nsuch certificate with such recording officer, it shall be his duty to\nrecord the same in his office in the books used for recording deeds and\nto index the same against the name of the people of the state of New\nYork as grantor.\n  14.  Whenever the state university trustees determine that property\nunder their jurisdiction, heretofore or hereafter acquired for state\nuniversity purposes pursuant to this section, or any interest therein,\nis unnecessary for the present or foreseeable future needs of the state\nuniversity and that any such property or interest may be sold, exchanged\nor released on terms beneficial to the state to the former owner from\nwhom such property or interest was acquired or, in the case of an\ninterest in such property, to the owner of the servient estate, or to\ntheir respective heirs, successors in interest or assigns, the state\nuniversity trustees may sell, exchange or release such property or\ninterest, to such owner, his heirs, successors in interest or assigns,\nwith the approval of the director of the budget and notwithstanding the\nprovisions of any general, special or local law, at the fair market\nvalue thereof or in partial or full settlement of any claim which such\nowner, or his heirs, successors in interest or assigns, may have for\ndamages resulting from the acquisition of such property or interest.  In\norder to carry any such sale, exchange or release into effect, the state\nuniversity trustees are hereby authorized to exchange and deliver in the\nname of the people of the state of New York a quitclaim of, or a grant\nin and to, any such property or interest.  Each such instrument of\nconveyance or release shall be prepared by the attorney general and\nbefore delivery thereof, shall be approved by him as to form and manner\nof execution.\n
N.Y. EDN Law § 905 — New York Code / Act EDN / Title 1 / Article 19 / Section 905
Record of screening examinations for vision, hearing and scoliosis
Status: in_force

§ 905. Record of screening examinations for vision, hearing and\nscoliosis. 1. The director of school health services of each school\ndistrict in this state that is required to provide school health\nservices, or the health department or agency otherwise responsible to\nprovide such services, shall conduct screening examinations of vision,\nhearing, and scoliosis of all students at such times and as defined in\nthe regulations of the commissioner, and at any time deemed necessary.\n  2. Notwithstanding any other provisions of any general, special or\nlocal law, the school authorities charged with the duty of making such\nscreening examinations of students for the presence of scoliosis\npursuant to this section shall not suffer any liability to any person as\na result of making such screening examination, which liability would not\nhave existed by any provision of law, statutory or otherwise, in the\nabsence of this section. The positive results of any such screening\nexaminations of students for the presence of scoliosis shall be in\nwriting and the parent of, or person in parental relation to, any child\nin whom the presence of scoliosis is found shall be advised of such\nresults by the school authorities within ninety days after the finding\nof the presence of scoliosis is made.\n  3. The provisions of this section relative to examination for\nscoliosis shall be waived by the commissioner upon the filing, in\naccordance with rules and regulations to be established and promulgated\nby the commissioner, of a resolution, duly adopted by a board of\neducation, stating that the school district does not have the capability\nto comply with this section relative to the examination for scoliosis\nand that such compliance would place a financial cost upon the school\ndistrict, provided, however, that such resolution may not be adopted\nprior to the holding of a public hearing on such proposed resolution.\nSuch rules and regulations to be established and promulgated by the\ncommissioner in accordance with this section shall include, but not be\nlimited to, the date for filing such resolution by a board of education\nand to the dates for filing subsequent resolutions.\n  4. Vision screening examinations of students in the schools of this\nstate made pursuant to subdivision one of this section, or made pursuant\nto the by-laws, regulations or practices of the board of education of\nthe city school district of the city of New York, shall be subject to\nthe provisions of this subdivision, and where inconsistent herewith, the\nprovisions of this subdivision shall prevail. In addition to any vision\nscreening examinations otherwise required by the provisions or practices\ncited in this subdivision, all students who enroll in a school of this\nstate shall be tested for color perception, distance acuity and near\nvision within six months of admission to the school, or by such other\ndate as may be prescribed in the regulations of the commissioner. The\nresults of any such vision screening examinations, whether made pursuant\nto this subdivision or pursuant to the provisions or practices cited in\nthis subdivision, shall be in writing and shall be made available to the\nstudent's parent or person in parental relation and to any teacher of\nthe student within the school while the student is enrolled in the\nschool, and shall be kept in a permanent file of the school for at least\nas long as the minimum retention period for such records, as prescribed\nby the commissioner pursuant to article fifty-seven-A of the arts and\ncultural affairs law.\n  5. Notwithstanding any provision of this section to the contrary, no\nscreening examinations for vision, hearing, or scoliosis condition shall\nbe required where a student or the parent or person in parental relation\nto such student objects thereto on the grounds that such examinations\nconflict with their genuine and sincere religious beliefs.\n
N.Y. PBH Law § 2995-A — New York Code / Act PBH / Article 29-D / Title 1 / Section 2995-A
Physician profiles
Status: in_force

§ 2995-a. Physician profiles. 1. The department shall collect the\nfollowing information and create individual profiles on licensees\nsubject to the authority of the office of professional medical conduct,\nin a format that shall be available for dissemination to the public:\n  (a) a statement of any criminal convictions (as defined by section\n1.20 of the criminal procedure law) within the most recent ten years,\nunder the laws of New York state or any other jurisdiction, for offenses\nspecified by regulations of the department;\n  (b) a statement of any action (other than an action that remains\nconfidential) taken against the licensee pursuant to section two hundred\nthirty of this chapter or any similar action taken by any other state or\nlicensing entity, within the most recent ten years;\n  (c) a statement of any current limitation of the licensee to a\nspecified area, type, scope or condition of practice;\n  (d) a statement of any loss or involuntary restriction of hospital\nprivileges or a failure to renew professional privileges at hospitals\nwithin the last ten years, for reasons related to the quality of patient\ncare delivered or to be delivered by the physician where procedural due\nprocess has been afforded, exhausted, or waived, or the resignation from\nor removal of medical staff membership or restriction of privileges at a\nhospital taken in lieu of a pending disciplinary case related to the\nquality of patient care delivered or to be delivered by the physician\n(notwithstanding paragraph (a) of subdivision three of section\ntwenty-eight hundred three-e of this chapter, as added by chapter eight\nhundred sixty-six of the laws of nineteen hundred eighty);\n  (e) (i) a statement indicating the number of medical malpractice court\njudgments and arbitration awards within the most recent ten years in\nwhich a payment is awarded to a complaining party (notwithstanding\nsubsection (f) of section three hundred fifteen of the insurance law);\nand\n  (ii) a statement indicating all malpractice settlements within the\nmost recent ten years in which payment is awarded to a complaining party\n(notwithstanding subsection (f) of section three hundred fifteen of the\ninsurance law),\n  (A) if the total number of settlements exceeds two; or\n  (B) if the commissioner determines any such settlement could be\nrelevant to patient decisionmaking concerning health care quality. The\nstatement shall include the following: "Settlement payments will appear\nin this profile only if the total number of settlements made within the\npast ten years exceeds two, or if the commissioner of health determines\na settlement to be relevant to patient decisionmaking. Settlement of a\nclaim may occur for a variety of reasons, which do not necessarily\nreflect negatively on the professional competence or conduct of the\nphysician. A payment in settlement of a medical malpractice action or\nclaim does not necessarily mean that a medical malpractice has\noccurred." The commissioner may supplement such statement as may be\nappropriate.\n  (iii) judgments, awards and settlements shall be reported in graduated\ncategories indicating the level of significance, date and place of the\njudgment, award or settlement. Information concerning medical\nmalpractice judgments, awards and settlements shall be put in context by\ncomparing an individual licensee's medical malpractice settlements to\nthe experience of other physicians in New York state within the same\nboard specialty. Pending malpractice claims shall not be disclosed to\nthe public under this section. Nothing herein shall be construed to\nprevent the board from investigating or disciplining a licensee on the\nbasis of medical malpractice claims that are pending;\n  (f) name of medical schools attended and date of graduations;\n  (g) graduate medical education;\n  (h) current specialty board certification and date of certification;\n  (i) dates admitted to practice in New York state;\n  (j) names of hospitals where the licensee has practice privileges;\n  (k) appointments to medical school faculties and indication as to\nwhether a licensee has had a responsibility for graduate medical\neducation within the most recent ten years;\n  (l) information regarding publications in peer reviewed medical\nliterature within the most recent ten years;\n  (m) information regarding professional or community service activities\nor awards;\n  (n) (i) the location of the licensee's primary practice setting\nidentified as such; and\n  (ii) the names of any licensed physicians with whom the licensee\nshares a group practice, as defined in subdivision five of section two\nhundred thirty-eight of this chapter;\n  (o) the identification of any translating services that may be\navailable at the licensee's primary practice location;\n  (p) whether the licensee participates in the medicaid or medicare\nprogram or any other state or federally financed health insurance\nprogram; and\n  (q) health care plans with which the licensee has contracts,\nemployment, or other affiliation; provided that the reporting of such\ninformation shall not be the responsibility of the physician, but shall\nbe included and updated by the department utilizing provider network\nparticipation information, or other reliable sources of information\nsubmitted by health care plans.\n  1-a. Each physician licensed and registered to practice in this state\nshall within thirty days of the transmittal of an initial profile survey\nand upon entering or updating his or her profile information:\n  (a) register and maintain an account with the department's health\nprovider network and any successor electronic system established to\nfacilitate communications between the department and licensed health\ncare providers; or\n  (b) provide an e-mail address to the department which shall be used by\nthe department to communicate with the physician. Licensees shall\nprovide notice to the department of changed e-mail addresses within\nthirty days of the change. Licensee e-mail addresses shall be\nconfidential and shall not be published as part of the licensee's\nprofile. The e-mail addresses may be used for department purposes only.\n  2. Nothing in this section shall limit the department's authority to\ncollect, require reporting of, publish or otherwise disseminate\ninformation about licensees.\n  3. Each physician who is self-insured for professional medical\nmalpractice shall periodically report to the department on forms and in\nthe time and manner required by the commissioner the information\nspecified in paragraph (e) of subdivision one of this section, except\nthat the physician shall report the dollar amount (to the extent of the\nphysician's information and belief) for each judgment, award and\nsettlement and not a level of significance or context.\n  4. Each physician shall periodically report to the department on forms\nand in the time and manner required by the commissioner any other\ninformation as is required by the department for the development of\nprofiles under this section which is not otherwise reasonably\nobtainable. In addition to such periodic reports and providing the same\ninformation, each physician shall update his or her profile information\nwithin the six months prior to the submission of the re-registration\napplication, as a condition of registration renewal under article one\nhundred thirty-one of the education law. Except for optional information\nprovided, physicians shall notify the department of any change in the\nprofile information within thirty days of such change.\n  5. The department shall provide each licensee with a copy of his or\nher profile prior to dissemination to the public. In the manner and time\nrequired by the commissioner, a licensee shall be provided the\nopportunity to correct factual inaccuracies that appear in the profile.\nThe physician shall be permitted to file a concise statement concerning\ninformation contained in the profile, which shall be disseminated\ntherewith.\n  6. A physician may elect to have his or her profile omit certain\ninformation provided pursuant to paragraphs (l), (m) and (n) of\nsubdivision one of this section. In collecting information for such\nprofiles and disseminating the same, the department shall inform\nphysicians that they may choose not to provide such information required\npursuant to paragraphs (l), (m) and (n) of subdivision one of this\nsection.\n  7. A physician who knowingly provides materially inaccurate\ninformation under this section shall be guilty of professional\nmisconduct pursuant to section sixty-five hundred thirty of the\neducation law.\n  7-a. For purposes of this section, a physician may authorize a\ndesignee to register, transmit, enter or update information on his or\nher behalf, provided that:\n  (a) the designee so authorized is employed by the physician or the\nsame professional practice or is under contract with such practice;\n  (b) the physician takes reasonable steps to ensure that such designee\nis sufficiently competent in the profile requirements; and\n  (c) the physician remains responsible for ensuring the accuracy of the\ninformation provided and for any failure to provide accurate\ninformation.\n  The commissioner shall establish in regulation reasonable parameters\nwith regard to a physician's ability to authorize designees pursuant to\nthis section, which shall include processes necessary to allow the\ndepartment to: (i) grant access to the profile in a reasonably prompt\nmanner to designees authorized by physicians; (ii) require that\nphysicians notify the department upon terminating the authorization of\nany designee; and (iii) establish a mechanism to prevent such terminated\ndesignees from accessing the profile in a reasonably prompt manner\nfollowing such notification.\n  8. The department shall establish a toll-free telephone number through\nwhich it shall answer inquiries about and accept orders for hard copy\nphysician profiles established pursuant to this section and accept\nconsumer complaints about suspected professional misconduct. The\ndepartment may charge a nominal fee for producing and mailing a hard\ncopy physician profile.\n  9. The department shall, in addition to hard copy physician profiles,\nprovide for electronic access to and copying of physician profiles\ndeveloped pursuant to this section through the system commonly known as\nthe Internet. The department shall update a physician's online profile\nwithin thirty days of receipt of a completed physician profile survey or\nany change in profile information.\n  10. The commissioner shall require that:\n  (a) Practitioner organizations that are representative of the target\ngroup for profiling, and health care consumer organizations, be provided\nthe opportunity to review and comment on the profiling methodology,\nincluding collection methods, analysis, formatting, and methods and\nmeans for release and dissemination.\n  (b) Comparisons of practitioner profiles shall be organized according\nto practitioner areas of practice.\n  11. The commissioner shall evaluate the utility and practicability of\nincluding in the profile a comparison of malpractice data by geographic\narea. However, the implementation of the profile shall not be delayed\npending such evaluation.\n  12. The commissioner shall develop and distribute a notice suitable\nfor posting that informs consumers of the availability of physician\nprofiles and the telephone numbers and Internet addresses for accessing\nthem.\n  13. Further study of physician profiles. After the initial\ndissemination of the data identified in subdivision one of this section,\nthe department shall conduct a further study of physician profiles as\nfollows:\n  (a) Data sources. The department shall identify the types of physician\ndata to which the public has access, including all information available\nfrom federal, state or local agencies which is useful for making\ndeterminations concerning health care quality determinations. The\ndepartment shall study all physician data reporting requirements and\ndevelop recommendations to consolidate data collection and eliminate\nduplicate and unnecessary reporting requirements, or to supplement\nexisting reporting requirements in order to satisfy the requirements of\nthis section. The department shall study the feasibility of\nincorporating health plan reporting requirements, without imposing any\nextra burden on the physician, regarding network participation into this\nsection to ensure this information is available, accurate, up-to-date\nand accessible to consumers.\n  (b) Supplemental information adjustment and security safeguards. The\ndepartment shall develop a methodology for application to collected\nphysician data that accounts for factors such as frequency, severity and\ngeographic area which shall be used to provide context to reported data.\nAny such methodology shall not diminish the information reported\npursuant to subdivision one of this section. In developing such\nmethodology, the department may consult with physicians, including\nrepresentatives of appropriate specialty societies. The department may\nalso consult with organizations representing consumers, other health\ncare providers, and health care plans. Any such methodology shall\ninclude adequate and appropriate safeguards to ensure the security,\naccuracy and integrity of health information created, received,\nmaintained, used or transmitted in connection with the statewide health\ninformation system. Such safeguards shall be sufficient to meet any\nminimum standards set by state and federal laws and regulations.\n  (c) Public review. The department shall provide organizations which\nare representative of consumers, physicians, including representatives\nof appropriate specialty societies, other health care providers and\nhealth care plans the opportunity to review and comment on its\ndeterminations and recommendations. The department shall consider such\ncomments, and may amend its determinations and recommendations to\nreflect them.\n  (d) Report. The department shall provide a report of its\ndeterminations and recommendations under this subdivision to the\ngovernor and legislature, and make such report publicly available, on or\nbefore January first, two thousand sixteen. The department shall report\nannually thereafter to the legislature on the status of the physician\nprofiles and any recommendations for additions, consolidations or other\nchanges deemed appropriate.\n  14. The physician data so disseminated shall be updated at regular\nintervals to be determined by the department.\n  15. (a) All physician data disseminated shall include the following\nstatements: "THE DATA COLLECTED BY THE DEPARTMENT IS ACCURATE TO THE\nBEST OF THE KNOWLEDGE OF THE DEPARTMENT, BASED ON THE INFORMATION\nSUPPLIED BY THE PHYSICIAN WHO IS THE SUBJECT OF THE DATA. WHILE THE\nDEPARTMENT UTILIZES A VARIETY OF SOURCES OF INFORMATION IN CHECKING THE\nACCURACY OF THE DATA REPORTED, WE CANNOT BE SURE THAT ALL OF THE\nINFORMATION ON THIS WEBSITE IS RIGHT, COMPLETE, OR UP-TO-DATE, AND\nCANNOT BE RESPONSIBLE FOR ANY INFORMATION THAT IS WRONG OR HAS BEEN LEFT\nOUT. CONSUMERS ARE ENCOURAGED TO CONSULT OTHER SOURCES TO VERIFY OR\nOBTAIN ADDITIONAL INFORMATION ABOUT A PHYSICIAN. PENDING LEGAL ACTIONS\nDO NOT IN ANY WAY INDICATE PARTIES' GUILT, LIABILITY OR CULPABILITY.\nCASES MAY BE DISMISSED, WITHDRAWN, OR SETTLED WITHOUT PAYMENTS TO\nPLAINTIFFS. ANY DISPOSITION TO A CASE MAY BE SUBJECT TO APPEAL." The\ncommissioner shall ensure that the full text of the statements appear on\neach web page of the physician profile in a manner that does not require\nthe user of the site to click on a separate link in order to view the\nstatements.\n  (b) The department shall provide on the physician profiles an active\nlink to the website maintained by the unified court system containing\ninformation on active and disposed cases in the local and state courts\nin the state.\n  16. If, after initial dissemination of the physician data required by\nthis section, the department determines that any such data is not useful\nfor making quality determinations, the department shall recommend to the\nlegislature the necessary statutory changes.\n
N.Y. EXC Law § 602 — New York Code / Act EXC / Article 21-B / Title 1 / Section 602
Certification required
Status: in_force

§ 602. Certification required. 1. On and after July first, two\nthousand six, no person or business entity shall manufacture, including\nthe manufacture outside the state of New York for sale into the state of\nNew York, sell, install or service any manufactured home in the state of\nNew York, unless such person or business entity has obtained the\nappropriate certification from the department pursuant to this article.\n  2. On and after July first, two thousand six, no manufactured home\nshall be installed or serviced unless at least one person certified by\nthe department to perform such work is present at the home site during\nthe installation or service.\n  3. a. Each manufacturing plant that delivers or sells manufactured\nhomes in this state, each retail sales location and each business entity\nselling, installing or performing service on manufactured homes must be\nseparately certified.\n  b. Each manufacturer, retailer, installer and mechanic shall employ at\nleast one person who has been certified by the department.\n  4. Manufacturers approved to construct manufactured homes by the\nUnited States department of housing and urban development shall be\nrequired to apply for, and obtain, certification pursuant to this\narticle. Any such manufacturer shall be deemed to meet the requirements\nfor certification under this article, except that the department may,\nafter a hearing, suspend or revoke the certification of any manufacturer\nas provided in subdivision seven of section six hundred four of this\narticle.\n
N.Y. MDW Law § 34 — New York Code / Act MDW / Article 3 / Title 1 / Section 34
Rooms in basements and cellars
Status: in_force

§ 34. Rooms in basements and cellars. 1. In any multiple dwelling\nerected after April eighteenth, nineteen hundred twenty-nine, every room\nin a cellar or basement shall have a permit as provided in subdivision\nfive of section three hundred and, except as provided in subdivision six\nof this section, shall comply with the following conditions:\n  a. Such rooms shall be everywhere at least eight feet high from the\nfloor to the ceiling, except that in a basement room as many as four\nbeams twelve inches or less in width and extending six inches or less\nbelow the ceiling may be disregarded.\n  b. Except as otherwise provided in paragraph f, the ceiling of every\nsuch room in the front part of the dwelling, or in an apartment or suite\nextending to the front part, shall be at every point of such room at\nleast four feet six inches above the curb level directly in front of\nsuch point on the street in front of the dwelling; and the ceiling of\nevery other such room, unless the yard of the dwelling is sixty feet or\nmore in depth or extends to a street along its entire width, shall be at\nevery point of such room at least two feet above the curb level directly\nin front of such point on the street in front of the dwelling. Every\nyard or court upon which any such cellar or basement room or apartment\nopens shall, conform to the requirements of subdivision eight of section\ntwenty-six. Every such room, except as otherwise provided in paragraphs\ne and f, shall be an integral part of an apartment or suite containing\nat least one room with a window opening directly upon a street or yard.\nExcept as provided in paragrahs e and f, and if the yard of such a\ndwelling is less than sixty feet in depth there shall be not more than\none apartment or suite in any cellar therein and any such apartment or\nsuite shall contain not more than five rooms, shall be supplied with\nwater closet and bath accommodations, and shall not open upon any court\nless than five feet in width. Every part of such an apartment or suite\nshall either be within twenty-five feet of the inner surface of the\nfront or rear wall of the dwelling or have a window opening upon a court\nof at least the dimensions prescribed in section tweny-six, but never\nless than ten feet wide.\n  c. Every such cellar or basement room shall have access to a\nwater-closet constructed and arranged as prescribed in section\nseventy-six.\n  d. Every such room shall have a window or windows complying with the\nrequirements of section thirty. The aggregate area of windows in each\nsuch room, except as provided in paragraph f, shall be at least\none-eighth of the horizontal area of the room. Each such window shall be\nconstructed so that the upper half of its area can be opened, and shall\nopen upon a street, court or yard. The underside of the top stop-bead of\neach such window shall be within twelve inches of the ceiling. One\nwindow in each such room shall have an area of at least twelve square\nfeet.\n  e. In addition to a janitor's apartment three rooms or less may also\nbe provided in the cellar of such a dwelling exclusively for the use of\npersons regularly and continuously employed in the maintenance of such\ndwelling. Every such room shall be completely separated from any other\nroom or private hall and shall comply with all the provisions respecting\na janitor's apartment except those relating to water-closet and bath,\nbut there shall be at least one water-closet and bath accessible from\neach such room without passing through a janitor's apartment. No other\nrooms in such a cellar shall be occupied for living or sleeping\npurposes, except as permitted in paragraphs b and f. Whenever a\njanitor's apartment in the cellar of such a dwelling, or a room therein,\nis expressly excepted from a requirement in any provision of this\nchapter, such exception shall apply also to any cellar room lawfully\noccupied as in this paragraph provided.\n  f. (1) When the lot of such a dwelling abuts upon two or more streets\nand the difference in level between the highest and the lowest points of\nthe curbs adjoining the lot is more than ten feet, a room below the\nhighest curb point may be used for living purposes provided it opens\nupon a street or upon a lawful court or yard which connects directly\nwith a street or, if the floor of such room is not more than twelve feet\nbelow the highest curb point, upon an interior court with a least\ndimension of not less than thirty feet if such court is situated on a\nlot line, and otherwise with a least dimension not less than fifty feet.\nEvery such room shall be at least nine feet high from finished floor to\nfinished ceiling. When any such room or an apartment containing it faces\na street, the ceiling of the room at every point shall be at least four\nfeet six inches above the curb level of such street directly in front of\nsuch point. For the purpose of determining the required dimensions of a\ncourt or yard of any dwelling subject to the provisions of this\nsub-paragraph, the height of such dwelling shall be measured from the\nlowest point of such court or yard.\n  (2) When the lot of such a multiple dwelling does not run through from\nstreet to street and there is a difference in level exceeding twenty\nfeet between the highest point of the curb in front of the dwelling and\nthe lowest point of the curb on a street directly in the rear of the\ndwelling which street is within one hundred twenty-five feet of the rear\nline of the lot, a room below the level of the highest point of the curb\nin front of the dwelling may be used for living purposes provided such\nroom opens upon a yard or a court adjoining a yard. The floor of any\nsuch room shall be at least six inches above the level of every part of\nevery yard and court upon which such room opens and of the curb on the\nstreet in the rear of such dwelling and also of all intervening ground\nbetween the rear street and the rear lot line. Every such room shall be\nat least nine feet high from finished floor to finished ceiling. The\nrequired dimensions of a yard, or of a court adjoining a yard, on which\nsuch a room opens in any dwelling subject to the provisions of this\nsub-paragraph, shall be determined by the height of such dwelling\nmeasured from the lowest point of such yard or court.\n  (3) In any portion of a multiple dwelling arranged for living purposes\nbelow the curb level under authority of either of the sub-paragraphs\nabove there shall be no wood beams, wood lintels or other wood\nstructural members, nor shall any wood or other inflammable material be\nused in any partitions, furrings or ceilings.\n  2. Every multiple dwelling erected after April eighteenth, nineteen\nhundred twenty-nine, whenever the department shall deem it necessary,\nshall have all walls below the ground level and all cellar or lower\nfloors damp-proofed and water-proofed. Such damp-proofing and\nwater-proofing shall run throughout the cellar or other lowest floor and\nthrough and up the walls as high as the ground level.\n  3. Every cellar and basement in every multiple dwelling shall be\nproperly lighted and ventilated to the satisfaction of the department.\n  4. In every multiple dwelling the cellar walls and ceilings, except in\nrooms occupied as provided in paragraph f of subdivision one or in\nsubdivision six, shall either be constructed of light-colored material\nor be thoroughly whitewashed or painted a light color by the owner, and\nshall be so maintained. Such whitewash or paint shall be renewed\nwhenever necessary, as may be determined and required by the department.\n  5. Notwithstanding any provisions of this section or of subdivision\nfive of section three hundred, an apartment or room in a cellar which\nwas occupied for living purposes at any time on or after October first,\nnineteen hundred fifty-two may thereafter continue to be occupied for\nsuch purposes until July first, nineteen hundred sixty-seven, in\naccordance with the conditions imposed by subdivision five of section\ntwo hundred sixteen.\n  6. An apartment in a cellar or basement of any multiple dwelling may\nbe used for living purposes provided all of the following conditions are\ncomplied with:\n  a. Such apartment has at least one half of its height and all of its\nwindow surfaces above every part of an "adequate adjacent space." Such\n"adequate adjacent space" shall be open to the sky, shall be properly\ndrained to the satisfaction of the department, and shall be a continuous\nsurface area outside the dwelling not less than thirty feet in its least\ndimension and abutting at same level, or directly below, every part of\nthe exterior walls of such apartment and of every other apartment on the\nsame floor. Such "adequate adjacent space" shall include only space\nwhich is located on the same lot or plot as the dwelling or on a street\nor public place or space.\n  b. Every living room of such apartment is everywhere at least eight\nfeet high from the floor to the ceiling in dwellings erected after July\nfirst, nineteen hundred fifty-seven, and seven feet in dwellings erected\nprior thereto.\n  c. All parts of the exterior walls of the dwelling which are below\nground level and on the same floor as such apartment or above such floor\nare dampproof to the satisfaction of the department and the floor of\nsuch apartment is dampproof and waterproof.\n  d. The yard and every court of the dwelling containing such apartment\nare adequately drained to the satisfaction of the department.\n  e. If any part of the apartment is below the "adequate adjacent space"\nreferred to in paragraph a of this subdivision, all ceilings, walls and\npartitions of such apartment are fire-retarded or the rooms and spaces\nwithin such apartment are protected by a sprinkler system to the\nsatisfaction of the department.\n  f. Such apartment and every part of the floor on which it is situated\nmeet all of the requirements which would be in effect for such floor if\nnone of the rooms thereon were used for living purposes.\n  g. Such apartment complies with all of the requirements for apartments\nin the same dwelling which are not in a cellar or basement.\n  h. The floor on which such apartment is situated, if a cellar, shall\nnevertheless be counted as a story for the purpose of all requirements\nexcept those relating to the height of the dwelling.\n