NY Econ Dev L § 187 (2021)
2021 New York Laws COM - Economic Development Law Article 6 - New York State Economic Development Power Allocation Board 187 - Economic Development Power Allocations.

§ 187. Economic development power allocations. (a) Any municipality or municipal  agency may, alone or jointly with others, file with the board an application for an economic development power allocation on behalf of a business. Such applications shall be in such  form  and  contain  such information,  exhibits  and  supporting data as the board may prescribe. The board shall issue a  determination  as  to  the  sufficiency  of  an application  or reapplication within twenty days of the receipt thereof. The applicant shall be entitled to  timely  review  and  action  on  the application by the board.  (b) Any applicant authorized to file with the board an application for economic  development  power  may also apply for, purchase and receive a bulk allocation  of  economic  development  power  for  the  purpose  of entering  into  contracts  with  eligible  businesses. In making such an application, the applicant shall indicate the estimated number  of  jobs created   or  retained  as  a  result  of  the  allocation  of  economic development power. The board, in acting upon such an application,  shall consider,  and  apply,  as  appropriate,  the  criteria and requirements provided for  in  sections  one  hundred  eighty-four  and  one  hundred eighty-five   of  this  article.  All  such  applications  for  economic development power shall  include  a  specified  period  of  time  to  be approved  by  the  board  in which the applicant shall execute contracts with businesses for the use of the power from  its  bulk  allocation  of economic  development  power. If the applicant fails to contract for the full amount of the bulk allocation within that specified period of time, the uncontracted for portion of the bulk allocation shall be withdrawn.  (c) The  board  shall  review  the  applications  received  and  shall determine  the  applications  which  best meet the criteria and it shall recommend such applications to the power authority of the state  of  New York  with such terms and conditions as it deems appropriate. Except for allocations subject to subdivision (g) of this section and  section  one hundred  eighty-five of this article, each allocation recommended by the board shall be to serve new electrical demand at facilities at which new jobs are created. Such terms and  conditions  shall  include  reasonable provisions  providing  for  the  partial  or  complete withdrawal of the economic development power in the event the recipient fails to  maintain mutually agreed levels of employment and power utilization.  (d)  Allocations  shall  be  recommended  only  to  or  for the use of businesses which normally utilize a minimum peak electric demand of four hundred kilowatts. At  least  one  half  of  all  allocations  shall  be recommended  for  applicants  within the geographic areas served by Long Island Lighting Company, Consolidated Edison Company of New York, Orange and Rockland Utilities, Incorporated, Central Hudson  Gas  and  Electric Corporation  and  that part of Westchester, Putnam and Dutchess counties served by New York State Electric and  Gas  Corporation.  No  more  than fifty  percent  of  the  available  economic  development power shall be recommended  for  allocation  to  applicants  located  within  a  single municipality except upon the unanimous recommendation of the board.  (e)  Recommendation  for  an  allocation of economic development power shall qualify an applicant to enter into a contract for purchase of such power from the power authority of the state of New York pursuant to  the terms  and  conditions  of  the  recommendation.  Contracts  between  an applicant and a business receiving an allocation of economic development power shall be subject to the approval of the  power  authority  of  the state of New York. Such contracts and allocations shall provide that the local  distributor of electric service will provide customer and billing services upon mutually agreed terms and conditions.  (f)  Upon  approval  or  denial  of  any  application   for   economic development  power,  the board shall issue in writing a statement of its  findings and conclusions  with  respect  to  such  application  and  the reasons for its approval or denial.  (g)  Within  cities  of  a  population  of one million or more and the counties of Dutchess, Nassau,  Orange,  Putnam,  Rockland,  Suffolk  and Westchester, an economic development power allocation may be recommended for  the  purpose  of  job  retention by unanimous approval of the board applying  the  criteria  developed  pursuant  to  section  one   hundred eighty-four  of  this  article  and  when  an  applicant  on behalf of a business within such city or county demonstrates to the  board  (a)  the business'  plans  to  relocate  out  of state resulting in the loss of a substantial number of jobs and its commitment to new investments in real property of at least twelve and one-half percent of the effective market value  or  to  relocate  within  such  city  or  county  to   comparable facilities,  upon  receiving an economic development allocation, and (b) that  the  applicant  or  the  business  first  has  made  the  greatest practicable  use  of all other potential assistance and means, including but not limited to other low cost power and/or energy,  tax  and  energy cost  abatement  measures  and administrative steps to make possible the business' new  investment  or  relocation.  For  the  purposes  of  this subdivision,  effective  market  value  for  special assessing units, as defined in article eighteen of the  real  property  tax  law,  shall  be determined  by dividing the assessed value of the property on the latest completed assessment roll by the latest class ratio  applicable  to  the class  in  which the property is classified, and for all other assessing units, effective market  value  shall  be  determined  by  dividing  the assessed  value  of the property on the latest completed assessment roll by the final state equalization rate or  special  equalization  rate  as promulgated  by  the  commissioner  of  taxation and finance pursuant to article twelve of the real property tax law.