NY Econ Dev L § 189-C (2021)
2021 New York Laws COM - Economic Development Law Article 6-A - Western New York Power Proceeds Allocation Act 189-C - General Powers and Duties of the Board.

§  189-c.  General  powers and duties of the board. 1. The board shall   establish procedures and guidelines relating to the  activities  of  the   board.2.  The  board  shall establish procedures through written policies or   standards for reviewing applications for an allocation of fund  benefits   that  shall  include  a  review  of applications no less frequently than   twice each year. The board, or a member designated by the  board,  shall   receive  all applications from, or on behalf of, eligible applicants for   fund benefits.  Applications  shall  be  in  a  form  and  contain  such   information,  data  and  exhibits as the board, in consultation with the   authority, may prescribe.3. The board may  request  from  the  authority  an  analysis  of  any   application  along  with any recommendations. In addition, the authority   shall supply any such additional information as is reasonably  necessary   for the board to perform its duties.4.  In  reviewing  applications for fund benefits, the board shall use   the criteria for eligibility for expansion, replacement and preservation   power and for revitalization of industry  as  provided  in  section  one   thousand  five  of  the  public  authorities law. In addition, the board   shall consider the  extent  to  which  an  award  of  fund  benefits  is   consistent with any regional economic development council strategies and   priorities  having  responsibility  for the region in which the eligible   project is located. The board shall issue a  written  statement  of  its   findings and recommendations for each application reviewed.5.  The  board shall recommend to the authority the allocation of fund   benefits to eligible projects that the board finds are  consistent  with   the  applicable  criteria in subdivision four of this section. The board   may include  within  its  recommendations  such  recommended  terms  and   conditions  as  it  deems  appropriate,  including,  but not limited to,   reasonable provision for the allocation of fund benefits  over  time  as   the  eligible  applicant achieves milestones towards project completion,   the partial or complete withdrawal or return of fund benefits where  the   recipient  has  failed  to  achieve  or  maintain  mutually  agreed upon   commitments, or such other terms  and  conditions  as  the  board  deems   advisable.  The board shall not recommend an allocation of fund benefits   prior to establishing procedures for reviewing applications pursuant  to   subdivision two of this section.6. A recommendation by the board that an eligible applicant receive an   allocation  of fund benefits shall be a prerequisite to an award of fund   benefits by the authority. The authority shall award fund benefits to an   applicant upon a recommendation of the board;  provided,  however,  that   upon  a showing of good cause, the authority shall have discretion as to   whether to adopt the board's recommendation, or to award benefits  in  a   different  amount  or  on  different  terms  and  conditions  than those   contained in the  recommendation  of  the  board.  Allocations  of  fund   benefits  shall only be made on the basis of net earnings that have been   deposited in the western New York economic development fund. No award of   fund benefits shall encumber future net earnings or  net  earnings  that   have  been  received  but not deposited in the western New York economic   development fund.7. Upon making an allocation of fund  benefits,  the  authority  shall   include  within  the  agreement  providing  for the terms and conditions   applicable to such allocation all terms  and  conditions  the  authority   deems  appropriate,  taking into account the recommendations made by the   board.