NY Pub Auth L § 1005 (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 1 - Power Authority of the State of New York 1005 - Powers and Duties of Authority.

§ 1005. Powers and duties of authority. Forthwith upon the appointment and  organization  of  the  trustees  and  subject to the conditions and limitations in this title contained, the authority, in cooperation  with the  proper  Canadian  authorities  and  those  of  the United States as hereinafter directed, shall proceed with the improvement and development of the Niagara river and the international rapids section of  the  Saint Lawrence  river  (which  is  defined as that part of the said river from Ogdensburg to the point where it leaves the territory of this state) for the aid and benefit of commerce and navigation and for  the  development of  the  hydroelectric  power  inherent  therein  in accordance with the provisions of this title.   The  authority  is  authorized  to  procure  through   a   competitive solicitation process power and energy from the competitive market and to construct,  improve  and/or  rehabilitate throughout its area of service (a) such hydroelectric or energy storage projects, as it deems necessary or desirable to contribute to the adequacy, economy and  reliability  of the supply of electric power and energy or to conserve fuel and (b) such base-load  nuclear  generating  facilities or other facilities utilizing new energy technologies as in its judgment are necessary (i)  to  supply sufficient  supplemental  energy  to  make  possible  optimum use of the generating capacity  of  the  authority's  Saint  Lawrence  and  Niagara hydroelectric projects, (ii) to supply low cost power and energy to high load  factor  manufacturers  which  will  build  new  facilities  in the authority's area of service or expand existing facilities provided  such power  and  energy  is  made  available to them, and (iii) to supply the future needs of the authority's existing municipal  electric  and  rural electric cooperative customers.   The  authority  is  further authorized to construct and/or acquire and complete such base load generating, transmission and related  facilities as  it deems necessary or desirable to assist in maintaining an adequate and dependable supply of electricity by supplying power and  energy  for the  metropolitan transportation authority, its subsidiary corporations, the New York city transit authority, the port authority of New York  and New  Jersey,  the  city  of  New York, the state of New York, the United States, other public corporations and electric corporations  within  the metropolitan  area of the city of New York within the state of New York; provided, however, that (i) the acquisition of  completed  or  partially completed  facilities shall be after public hearing and shall be limited to facilities located in New York city or  Westchester  county  and  the energy  and  power  generated  by  such facilities shall be used, to the extent feasible, for the benefit of electric  consumers  in  that  area, (ii)  not  more  than  one such generating facility shall be acquired in each of New York city and Westchester county, (iii) the price to be paid pursuant to any agreement entered into with  respect  to  the  purchase, appropriation  or  condemnation  of  any  such  completed  or  partially completed facility, as the case may be, shall be subject to the approval of the state comptroller and (iv) transmission facilities shall  not  be so  acquired  pursuant  to  this  paragraph  unless  such acquisition is necessary to assure  delivery  of  power  and  energy  produced  by  any acquired  generating  facility.  The authority is further authorized, to the extent it deems it necessary or  desirable,  to  provide  power  and energy,  as  it  may  determine  it  to be available, for the use by the Niagara frontier transportation authority or its subsidiary corporation. The authority is authorized to make energy  efficiency  services,  clean energy  technologies and, in the event that supplies of power and energy are determined to be available from  the  competitive  market  for  this purpose,  power and energy, available to public and nonpublic elementary and secondary schools throughout the state.    A high load factor manufacturer  is  one  which  normally  utilizes  a minimum  electric  demand  of  five  thousand  kilowatts  and which will normally utilize energy at the rate of approximately five hundred  forty kilowatt  hours  per  month for each kilowatt of demand and of which the cost  of  electricity  normally  represents  at least seven and one-half percent of its total product value.   The authority shall publish notice of any proposed allocation of  firm power  and  associated  energy except such allocations as are subject to the provisions of section one thousand nine of this  chapter,  at  least thirty  days prior to the delivery of any energy pursuant thereto, which notice shall, in the case of industrial allocations, document actions by the authority pertaining thereto including  solicitation  for  competing proposals.  In  addition,  such  notice  shall  be  transmitted  to  the temporary president of the senate, the speaker of the assembly, and  the respective fiscal committees of the legislature.   Notwithstanding  any  inconsistent  provision of law, the authority is authorized to enter into contracts prior to July first, nineteen hundred eighty-five to allocate a total of not more than thirty-six megawatts of power and associated energy, available for allocation  as  a  result  of voluntary  relinquishment  by  high  load  factor manufacturers, of such power and associated energy from base load nuclear generating facilities of the authority, to furnish electricity to no more than three customers which: (a) are located in the southeastern portion  of  the  state;  (b) will  build  new  facilities and/or expand existing facilities; (c) will expand employment and investment in the state;  and  (d)  will  normally utilize a minimum peak electrical demand of one thousand kilowatts.   The  authority  is  further  authorized  to construct such generating, transmission and related facilities within the service area of the  Long Island  power authority, as the authority, in consultation with and upon such terms and conditions as the  Long  Island  power  authority,  deems necessary or desirable.   Periodically,  but  no  less  often  than  annually,  the authority is authorized and directed to identify the net  revenues  produced  by  the sale  of  expansion  power  and further to identify an amount of the net revenues from the sale of expansion power which  amount  shall  be  used solely  for  industrial  incentive  awards. Notwithstanding other lawful purposes for which such revenues may be used, it shall be the  preferred purpose  of  the  authority  to make available all such net revenues for industrial  incentive  awards.  Provided,   however,   that   industrial incentive  awards  shall  be  made  only in conformance with an economic development plan covering all such net revenues which  is  submitted  no less  often  than  annually  by  the  authority and approved pursuant to section one hundred eighty-eight of the commerce law.  For  purposes  of this  paragraph, the term net revenues shall mean any excess of revenues properly allocated to the  sales  of  expansion  power  over  costs  and expenses properly allocated to such sales.   Notwithstanding   any   inconsistent  provision  of  this  title,  the authority shall  make  available  all  economic  development  power  for allocation  to  or  for  businesses  whose  allocation  of such power is recommended by the New York state economic development power  allocation board  pursuant to section one hundred eighty-seven of the commerce law. If the authority declines to make power available to or for  a  business whose  allocation  has  been so recommended, the authority shall decline within the period specified by the board in its recommendation and shall issue in writing a statement of reasons for such denial.   a. Economic development power shall mean any power  generated  at  the Fitzpatrick   nuclear   project  that  is  voluntarily  relinquished  by businesses.    b. The authority shall report quarterly to the New York state economic development power allocation board on the  anticipated  availability  of economic development power for the subsequent twelve-month period.   c.  When  the  authority determines that economic development power is available, the authority  shall  notify  the  New  York  state  economic development power allocation board.   d.  The  authority  shall  provide  for  the  sale  of  power from the Fitzpatrick nuclear project to its industrial,  business,  and  economic development power customers at a uniform non-discriminatory rate.   The  authority is further authorized, as deemed feasible and advisable by the trustees, to acquire,  maintain,  manage,  operate,  improve  and reconstruct as a project or projects of the authority one or both of the steam  generation  facilities  owned  by the state known as the Sheridan avenue steam generating plant on Sheridan avenue in the city  of  Albany and  used  to  supply  steam  to  state  facilities,  together  with any properties, buildings and equipment at the sites  thereof  or  ancillary thereto,  for  the  generation  and  sale  of  thermal  energy  and  the cogeneration and sale of electricity for use by facilities of the  state within  the  county  of Albany. All the authority's costs, including its acquisition,  capital,  operating  and  maintenance  costs,   shall   be recovered  fully  from the customers receiving service from such project or projects. Thermal energy and electricity not required  by  the  state may  be sold by the authority to others. The authority is not authorized to use refuse  or  refuse-derived  fuel  in  operating  the  project  or projects.  Any  agreement  for  such  acquisition  shall insure that the authority is not  liable  or  otherwise  responsible  for  circumstances arising from the prior operation of such facilities. The acquisition and purchase of such land, buildings and equipment by the authority, and any actions taken to effect such acquisition and purchase, are hereby exempt from  the  provisions of article eight of the environmental conservation law. The application of such exemption shall be strictly limited to  the acquisition  and  purchase  of such land, buildings and equipment by the authority and such agreements  with  the  state.  Nothing  herein  shall exempt  the  authority  from  otherwise  applicable  laws respecting the expansion, conversion, operation and maintenance of such land, buildings and equipment.   The authority is authorized and directed:   1. To cooperate with the appropriate agencies  and  officials  of  the United  States  government  to the end that any hydroelectric project on the Niagara or Saint Lawrence rivers undertaken under this  title  shall be  consistent with and in aid of any plans of the United States for the improvement of commerce and navigation along such rivers and shall be so planned and constructed as to be adaptable to the plans  of  the  United States  therefor,  so  that  the  necessary channels, locks, canals, and other navigational facilities may be constructed and  installed  by  the United States, in, through, and as part of such project.   2. To negotiate with the appropriate Canadian authorities and agencies respecting  the  improvement  and  development of the Niagara river, and international rapids section of the Saint Lawrence river for the aid and benefit of commerce and navigation and the development of hydro-electric power therefrom, and to plan and agree with them upon cooperative action to that end including  any  shifting  of  international  boundary  lines between  Canada  and  the  United  States  and upon the use, control and disposition of the facilties to be created and the hydro-electric  power to  be  developed  by  any  project  constructed  in  such  rivers. Such negotiations and agreements shall be conducted and  concluded  with  due regard  to the position of the United States in respect to international agreements, and any such agreements as  may  be  reached  with  Canadian  authorities  or  agencies  may be submitted by the authority to congress for its approval, if it be advised that such approval  is  necessary  or desirable.   3.  To  apply  to the appropriate agencies and officials of the United States government and/or of  Canada  or  its  provinces,  including  the federal   power  commission,  the  atomic  energy  commission,  and  the international joint commission, for such licenses, permits  or  approval of  its  plans or projects as it may deem necessary or advisable, and in its discretion, and upon such  terms  and  conditions  as  it  may  deem appropriate,  to  accept  such  licenses, permits or approvals as may be tendered to it by such agencies or officials and such federal  or  other public  or  governmental  assistance  as  is now or may hereafter become available to it; and to enter  into  contracts  with  such  agencies  or officials or utility companies relating to the construction or operation of  any  project authorized by this title. Neither the authority nor any trustee, officer or agent thereof shall  have  any  power  to  waive  or surrender for any purpose whatsoever any right of the state of New York, whether sovereign or proprietary in character, in and to the Niagara and Saint  Lawrence rivers, their waters, power, channels, beds, or uses, or the right of the state  to  assert  such  rights  at  any  future  time; provided,  however,  that nothing herein contained shall be construed as limiting the power of the authority to accept  licenses  issued  by  the federal power commission pursuant to the provisions of the federal power act,  as  amended,  or  by  the atomic energy commission pursuant to the provisions of the atomic energy act of 1954, as amended, and  the  terms and  conditions  therein  imposed pursuant to law. If for any reason the authority shall fail to secure any such license, permit or  approval  as it  may  deem  necessary  or  advisable,  or  shall  decide  not to make application therefor, it is authorized to institute suit, or to apply to congress for legislation, or take such other action in the  premises  as it  may  deem  necessary or advisable, in the furtherance of the project and for the protection of its rights and those of the state.   4. To study the desirability and means of attracting industry  to  the state of New York.   5. To develop, maintain, manage and operate those parts of the Niagara and  Saint  Lawrence hydroelectric projects owned or controlled by it in such manner as to give effect to the policy  hereby  declared  (and  all plans  and  acts,  and all contracts for the use, sale, transmission and distribution of the power generated by such projects, shall be  made  in the  light of, consistent with and subject to this policy), namely, that such projects shall be in all respects for  the  aid,  improvement,  and benefit  of  commerce  and  navigation  in,  through, along and past the Niagara river, the Saint Lawrence river  and  the  international  rapids section  thereof,  and  that  in the development of hydro-electric power therefrom such projects shall be considered primarily as for the benefit of the people of the state as a whole. In furtherance of this policy and to secure a wider distribution of such power and  use  of  the  greatest value  to  the  general  public  of  the  state,  the authority shall in addition to other methods which it may find advantageous make  provision so  that  municipalities  and other political sub-divisions of the state now or hereafter authorized by law to  engage  in  the  distribution  of electric  power  may secure a reasonable share of the power generated by such projects, and shall sell the same or cause the same to be  sold  to such  municipalities  and  political subdivisions at prices representing cost of generation, plus capital and operating charges, plus a fair cost of transmission, all as determined  by  the  trustees,  and  subject  to conditions  which  shall  assure  the resale of such power at the lowest possible price, provided, however, that in disposing  of  hydro-electric  power  pursuant  to  and in furtherance of the aforementioned policy and purposes,  appropriate  provision  may  also  be  made  to  allocate   a reasonable  share  of project power to agencies created or designated by other  states and authorized to resell the power to users under the same terms and conditions as power is disposed of in New York state. To  that end, the authority may provide in any contract or contracts which it may make  for  the sale, transmission and distribution of the power that the purchaser, transmitter or  distributor  shall  construct,  maintain  and operate, on such terms as the authority may deem proper, such connecting lines  as  may  be  necessary  for  transmission  of the power from main transmission lines to such municipalities or political subdivisions.   Contracts  for  the  sale,  transmission  and  distribution  of  power generated  by  such  projects  shall provide for the effectuation of the foregoing policy and shall provide:   a. Payment of all operating and maintenance expenses of the project.   b. Interest on and amortization and reserve charges sufficient  within fifty  years  of  the  date of issuance to retire the bonds of the power authority issued for the project.   c. Continuous control and operation of the project by the authority.   d. The effectuation of the policy declared in this sub-paragraph.   e. Full and complete disclosure to the authority  of  all  factors  of cost  in  the  transmission  and distribution of power, so that rates to consumers may be fixed initially in the contract  and  may  be  adjusted from  time  to  time  on  the  basis of true cost data, provided that in fixing such cost of transmission and distribution no  account  shall  be given  to  any  franchise value, going value or good-will based upon the existence of the contract and the availability of the power for sale  by the  transmitting  or  distributing  company  or  any company associated therewith.   f. Periodic revisions of the service and rates  to  consumers  on  the basis  of  accurate  cost  data  obtained by such accounting methods and systems as shall be approved by the  trustees  and  in  furtherance  and effectuation of the policy declared in this sub-paragraph.   g.   That  the  rates,  services  and  practices  of  the  purchasing, transmitting and/or distributing public agencies or companies in respect to the power generated  by  such  projects  shall  be  governed  by  the provisions  and  principles  established  in  the  contract,  and not by regulations of the public service commission or by general principles of public service law regulating rates, services and practices and that  in the  event  any  such  public agencies or companies which purchase power from the authority shall sell any such power for resale, such  sale  for resale  shall  be  made at rates no higher than those at which the power was purchased from the authority.   h. The rate structures  agreed  upon  in  such  contract  may  provide different  rates  for  different  localities,  classes of consumers, and amounts of current consumed, and for changes in the rates resulting from variation in operating costs and fixed charges.   i. For the cancellation and termination  of  any  such  contract  upon violation  of  the  terms  thereof  by  the  purchasing, transmitting or distributing public agency or company, or any  subsidiary  or  associate thereof.   j.  For  such  security  for  performance  as  the  authority may deem practicable and advisable, including provisions assuring the continuance of service by the purchasing, transmitting  and/or  distributing  public agencies  or  companies  and/or  the  use  of  their facilities for such service and/or the continuance of an outlet and adequate market for  the power generated by such projects.    k. Such other terms not inconsistent with the provisions and policy of this title as the authority may deem advisable.   6.  To  develop,  maintain, manage and operate its projects other than the Niagara and Saint Lawrence  hydroelectric  projects  so  as  (i)  to provide  an  adequate  supply  of  energy for optimum utilization of its hydroelectric projects, (ii) to attract  and  expand  high  load  factor industry,  (iii)  to  provide  for the additional needs of its municipal electric and rural electric cooperative customers,  (iv)  to  provide  a supply  of  power  and  energy  for  use  in the recharge New York power program as recharge  New  York  market  power,  and  (v)  to  assist  in maintaining an adequate, dependable electric power supply for the state.   Contracts  for  the  sale,  transmission and distribution of power and energy generated by such projects shall provide for the effectuation  of the  policy  set forth in this title relating to such projects and shall provide:   a. Payment of all operating and maintenance expenses of the projects.   b. Interest on and amortization and reserve charges sufficient  within fifty years of the date of issuance to retire the bonds of the authority issued for the projects.   c.  For  the  cancellation  and  termination of any such contract upon violation of the  terms  thereof  by  the  purchasing,  transmitting  or distributing public agency or company, or any subsidiary thereof.   d.   That  the  rates,  services  and  practices  of  the  purchasing, transmitting and/or distributing  public  agencies  and  rural  electric cooperatives in respect to the power and energy from such projects shall be  governed  by  the  provisions  and  principles  established  in  the contract, and not by regulations of the public service commission or  by general  principles of public service law regulating rates, services and practices and that in the event any such public agencies or cooperatives which purchase power from the authority shall sell any  such  power  for resale, such sale for resale shall be made at rates no higher than those at which the power was purchased from the authority.   e. In the case of a contract with an electric corporation entered into on  or after May first, nineteen hundred seventy-four (i) for assurances by the electric corporation of prompt and timely payment  of  all  bills rendered  by  the  authority  and  that  failure to make such prompt and timely payment  shall  be  grounds  for  immediate  termination  of  the contract,  and (ii) that in the event the contract is so terminated, the electric company will wheel to such  purchasers  as  the  authority  may direct  the  power  and energy that would have been sold to the electric company had the contract not been terminated.   f. Such other terms not inconsistent with the provisions and policy of this title as the authority may deem advisable.   7. To proceed with the physical  construction  or  completion  of  any project  authorized  by  this  title,  including  the  erection  of  the necessary dams, power houses and other facilities, instrumentalities and things necessary or convenient to  that  end,  and  including  also  the erection  of  such  transmission  lines  as  may be necessary to conduct electricity to users located at or near the site; and including also the acquisition, by contract only with the owners thereof,  of  transmission lines  or  the use of such transmission lines, available or which may be made available, to conduct electricity to such point or points at  which the  electricity  is sold by the authority to any person, corporation or association, public or private, engaged in the business of  distribution and  sale  of  electricity  to ultimate consumers or if the authority is unable  to  so  acquire  by  contract  the  ownership  or  use  of  such transmission  lines,  including  also  the  erection by the authority of transmission lines  necessary  for  such  purposes;  and  thereafter  to  maintain  and  operate the project in accordance with the provisions and policy of this  title.  The  authority  is  specifically  authorized  to undertake the construction of any project in one or more steps as it may find  economically  desirable  or advantageous, and as it may agree with the appropriate Canadian and/or United States authorities.  Whenever  in this  title  reference  is  made to "project", it shall be understood to refer to such part of any project authorized by this title as  may  from time to time be in existence or immediately projected.   8.  To  cooperate  with  and,  when  the trustees deem it feasible and advisable,  to  enter  into  contractual   arrangements   with   utility companies;   a.  With  respect  to  construction  and  operation  of pumped storage facilities by the authority and supply of all or part of  the  necessary pumping energy by the utilities and their purchase of all or part of the output.   b.  With  respect  to construction, completion, acquisition, ownership and/or  operation  of  baseload  generating  facilities,  fuel,   docks, sidings,  loading  or  unloading equipment, storage facilities and other subsidiary facilities and disposition of the output of  such  generating facilities.   c.  With  respect  to  construction, acquisition, ownership, operation and/or use of transmission facilities.   9. To cooperate with and, when  the  trustees  deem  it  feasible  and advisable,   to  enter  into  contractual  arrangements  with  municipal corporations with respect to construction, improvement,  rehabilitation, ownership  and/or  operation  of hydroelectric generating facilities and subsidiary facilities and disposition of the output of  such  generating facilities.   9-a.  As  deemed  feasible  and  advisable by the trustees, to design, finance,  develop,  construct,  install,  lease,  operate  and  maintain electric  vehicle  charging stations throughout the state for use by the public. The authority shall annually post on their website a  report  on those  activities undertaken pursuant to this subdivision, including but not limited to: the total number of electric vehicle  charging  stations in  operation  pursuant  to  such  authorization,  the locations of such charging stations, and the total costs to the authority associated  with such activities.   10.  To  cooperate  with  and,  when the trustees deem it feasible and advisable, to enter into contractual arrangements with  New  York  state energy  research  and  development  authority  in  connection  with  the planning, siting, development, construction, operation  and  maintenance of   generating   facilities  of  the  authority  utilizing  new  energy technologies to the extent such action is consistent with  the  purposes and  powers  granted  by  law  to  New  York  state  energy research and development authority.   10-a. a. To cooperate with and, when the trustees deem it feasible and advisable, enter into contracts with an owner or operator of a "class A" multiple dwelling, as defined in subdivision eight of  section  four  of the  multiple  dwelling  law, to administer and finance programs for the development, design, installation and provision of financial  assistance with  respect  to  the  replacement  of  refrigerators  with more energy efficient refrigerators; provided that no  costs  associated  with  such financial  assistance  shall  be  charged  to the authority's customers. Financial assistance shall be repaid to the authority, over a period not to exceed ten years, based on projected  savings  in  energy  costs  and related  costs  which accrue to the owner as a result of installing such measures and consistent with paragraph b of this subdivision.    b. If the owner of  such  multiple  dwelling  is  a  customer  of  the authority  or  of  an  electric  corporation,  as defined in subdivision thirteen  of  section  two  of  the  public  service  law,  and  if  the refrigerator  is  provided  by the owner, and if charges for electricity are  included  within  the  rent  that  the  tenant  pays to occupy such dwelling, the owner of such dwelling shall repay the authority for  such financial assistance based on projected savings in energy costs that are estimated  to  accrue to the owner as a result of such replacement. As a condition  of  participating  in  the  program   established   by   this subdivision,  such  owner  shall agree to be precluded from charging any additional fee or collecting any rent  increase  to  such  tenant  as  a result of such replacement.   11.  To  exercise  all the powers necessary or convenient to carry out and effectuate the  purposes  and  provisions  of  this  title;  and  as incidental  thereto  to own, lease, build, operate, maintain and dispose of real and personal property of every kind and  character,  to  acquire real  property and any or every interest therein for its lawful purposes by purchase, or by condemnation as hereinafter provided, to borrow money and secure the same by bonds or liens upon revenue from any property  or contracts held or to be held by it, to sell water or electric power, and generally to do any and every thing necessary or convenient to carry out the  purposes  of  this title, provided that the authority shall have no power at any time to pledge the credit of the state nor shall any of its obligations or securities be deemed to be obligations of the  state  nor shall  the  authority  have the power to lease or sell any dam, or power house at the site.   12.  Notwithstanding  any  limitations  hereinbefore  expressed,   the authority  is  authorized and directed forthwith or from time to time as it shall deem advisable and within the limitations of the appropriations made  available  for  it  to  initiate  and  prosecute  all   inquiries, investigations,  surveys  and  studies  which  it  may deem necessary or desirable as preliminary to the effectuation of  the  other  powers  and duties conferred upon it by this title.   13.  Notwithstanding  any  other  provision of law to the contrary but subject to  the  terms  and  conditions  of  federal  energy  regulatory commission  licenses,  to allocate or reallocate directly or by sale for resale,  two  hundred  fifty   megawatts   of   firm   Niagara   project hydroelectric  power  as  "expansion  power" and four hundred forty-five megawatts of firm Niagara project hydroelectric  power  as  "replacement power" to businesses within the state located within thirty miles of the Niagara   project,  and  four  hundred  ninety  megawatts  of  firm  and interruptible power from the Saint Lawrence-FDR project as "preservation power" sold to businesses located  within  the  counties  of  Jefferson, Saint Lawrence and Franklin, provided that the amount of expansion power allocated  to businesses in Chautauqua county on January first, nineteen hundred eighty-seven shall continue to be allocated in such county  and, provided  further  that up to seventy megawatts of replacement power, up to thirty-eight and six-tenths megawatts of preservation power from  the Saint  Lawrence-FDR project which is relinquished or withdrawn after the effective date of chapter three hundred thirteen  of  the  laws  of  two thousand  five which amended this subdivision and, for the period ending on December thirty-first, two thousand six, up to  twenty  megawatts  of other  power from the Saint Lawrence-FDR project which is unallocated as of the effective date of chapter three hundred thirteen of the  laws  of two  thousand five which amended this subdivision, shall be allocated by the authority together with such other funds of  the  authority  as  the trustees  deem  feasible  and advisable for energy cost savings benefits pursuant  to  the  twelfth  undesignated  paragraph  of  this   section.  Provided,  however,  that the amount of replacement, preservation power, or the additional twenty megawatts of Saint Lawrence-FDR power  for  the period ending December thirty-first, two thousand six made available for such   purpose,   used   for  energy  cost  savings  benefits  that  are relinquished by or withdrawn from a recipient thereof shall  be  offered by  the  authority  proportionately  for  a  period  of  six  months for reallocation to applicants who qualify respectively for  replacement  or preservation  power allocations as provided in this subdivision. If such power is not allocated within such period it shall be allocated for  the purpose  of  energy cost savings benefits pursuant to subdivision (h) of section one hundred eighty-three of the economic  development  law.  The authority  shall  negotiate contracts on reasonable terms and conditions to renew or extend every  permanent  contract  allocation  of  expansion power  in  effect  on the effective date of this subdivision and, to the extent consistent with such contracts,  the  authority  shall  negotiate contracts  on  reasonable  terms  and  conditions to extend or renew all other allocations or allotments of such power in effect  on  such  date. The   authority  shall  negotiate  contracts  on  reasonable  terms  and conditions to renew or extend for a period of at least five years  every permanent  contract  allocation  of  replacement  power in effect on the effective date of chapter three hundred thirteen  of  the  laws  of  two thousand  five  which  added  this sentence and that would expire by its terms on or before the end of  the  initial  federal  energy  regulatory commission   license   for   the  Niagara  project;  provided  that,  in negotiating the terms and conditions of such  contracts,  the  authority may  consider  a  business'  compliance  with  all  current  contractual obligations, including employment and power usage commitments. Contracts entered into pursuant  to  this  subdivision  shall  contain  reasonable provisions providing for the partial or complete withdrawal of the power in  the  event the recipient fails to maintain mutually agreed levels of employment, investment, and power utilization. Expansion or  replacement power  relinquished by businesses or withdrawn by the authority shall be allocated directly or by sale for resale by the authority to  businesses within  the  state  located  within  thirty miles of the Niagara project provided, that the amount of power allocated to businesses in Chautauqua county  on  January  first,  nineteen  hundred  eighty-seven  shall   be allocated  in  such  county.  Preservation power that is relinquished by businesses or withdrawn by the authority shall be allocated directly  or by  sale  for  resale by the authority within the counties of Jefferson, Saint Lawrence and Franklin. Allocations made pursuant to this paragraph shall be made in accordance with criteria established by  the  trustees. Such  criteria  shall  address  the expansion of industry and employment pursuant to paragraph (a) of this subdivision and the revitalization  of existing industry pursuant to paragraph (b) of this subdivision.  (a)   Criteria   for   eligibility   for  expansion,  replacement  and preservation power. Each application for an  allocation  for  expansion, replacement  or  preservation  power  shall be evaluated by the trustees under criteria which shall include but need not be limited to:  (1) the number of jobs created as a result of a power allocation;  (2) the business' long term commitment to the region as  evidenced  by the current and/or planned capital investment in business' facilities in the region;  (3)  the  ratio  of  the number of jobs to be created to the amount of power requested;  (4) the types of jobs created, as measured by wage and benefit levels, security and stability of employment;  (5) the amount of capital investment, including the type and  cost  of buildings,  equipment  and  facilities  to  be  constructed, enlarged or installed;  (6)  the  extent  to  which a power allocation will affect the overall productivity  or  competitiveness  of  the  business  and  its  existing employment;  (7)  the  extent  to  which  an  allocation  of  power may result in a competitive disadvantage for other business in the state;  (8) the growth potential of the business facility and the contribution of economic strength to the area in which the business  facility  is  or would be located;  (9)  the extent of the business' willingness to make jobs available to persons defined as eligible for services under the federal job  training partnership  act  of  nineteen  hundred eighty-two and the extent of the business' willingness to satisfy affirmative action goals;  (10) the extent to which an allocation of  power  is  consistent  with state, regional and local economic development strategies and priorities and  supported  by  local  units  of government in the area in which the business is located; and  (11) the impact of the  allocation  on  the  operation  of  any  other facilities  of  the business, on other businesses within the region, and upon other electric ratepayers.  (b) Revitalization. In addition to the criteria provided in  paragraph (a)  of  this  subdivision the trustees shall establish special criteria for  the  evaluation  of  applications  for  power  allocated  for   the revitalization of industry. Such criteria shall include, but need not be limited to:  (1)  that the business is likely to close, partially close or relocate resulting in the loss of a substantial number of jobs;  (2) that the business is an important employer in  the  community  and efforts  to  revitalize  the business are in long-term interests of both employers and the community;  (3) that a reasonable prospect exists that the proposed allocation  of power  will  enable  the  business  to  remain  competitive  and  become profitable and preserve jobs for a substantial period of time;  (4)  that  the  applicant  demonstrates  cooperation  with  the  local electricity  distributor  and  other  available sources of assistance to reduce  energy  costs  to  the  maximum  extent   practicable,   through conservation and load management; and  (5)  that  the  allocation will not unduly affect the cost of electric service to customers of the local electricity distributor.   13-a. Recharge New York power program. (a) Notwithstanding  any  other provision  of  law  to  the  contrary,  but  subject  to  the  terms and conditions  of  federal  energy  regulatory  commission   licenses,   to allocate,  reallocate  or  extend, directly or by sale for resale, up to nine hundred ten megawatts  of  recharge  New  York  power  to  eligible applicants  located within the state of New York upon the recommendation of the New  York  state  economic  development  power  allocation  board pursuant   to   section  one  hundred  eighty-eight-a  of  the  economic development law.  (b) Recharge New York power shall mean and consist of equal amounts of (1) four hundred fifty-five megawatts of firm hydroelectric  power  from the  Niagara  and Saint Lawrence hydroelectric projects to be withdrawn, as of the earliest date such power  may  be  withdrawn  consistent  with contractual  requirements,  from utility corporations that, prior to the effective date of this subdivision, purchased such power for the benefit of their domestic and rural consumers ("recharge New York  hydropower"), and  (2)  power  procured  by  the  authority  through market sources, a  competitive procurement process, or authority sources  (other  than  the Niagara  and  Saint  Lawrence  projects)  (collectively or individually, "recharge New York market  power");  provided,  however,  that  if  such recharge  New York market power comes from authority sources, the use of that power shall not reduce the availability of, or cause an increase in the price of, power provided by the  authority  for  any  other  program authorized in this article or pursuant to any other statute.  (c)  Notwithstanding  section  one  thousand nine of this title or any other provision of law to the contrary,  the  authority  is  authorized, beginning  July  first, two thousand twelve, to make available, contract with and sell to such eligible applicants  as  are  recommended  by  the economic  development  power  allocation  board  up  to nine hundred ten megawatts of recharge  New  York  power  for  recharge  New  York  power allocations. A recharge New York power allocation shall consist of equal parts of recharge New York hydropower and recharge New York market power as  such  terms  are  defined  in  paragraph  (b)  of  this subdivision; provided, however, that prior  to  entering  into  a  contract  with  an eligible applicant for the sale of recharge New York power, and prior to the  provision  of  electric  service  relating to the recharge New York power allocation, the authority shall offer each eligible applicant  the option  to  decline  to  purchase  the  recharge  New  York market power component of such allocation.  If  an  eligible  applicant  declines  to purchase  such market power from the authority, the authority shall have no responsibility for  supplying  such  market  power  to  the  eligible applicant.   13-b. Residential consumer discount programs. (a) Residential consumer electricity  cost  discount. Notwithstanding any provision of this title or article six of the economic development  law  to  the  contrary,  the authority  is  authorized,  as  deemed  feasible  and  advisable  by the trustees, to use revenues from the sale of hydroelectric power, and such other funds of the authority as deemed feasible  and  advisable  by  the trustees,  to  fund  monthly payments to be made for the benefit of such classes of electricity consumers as enjoyed the  benefits  of  authority hydroelectric power withdrawn pursuant to subdivision thirteen-a of this section, for the purpose of mitigating price impacts associated with the reallocation  of such power in the manner described in this subdivision. Such monthly payments shall commence after such hydroelectric  power  is withdrawn.  The  total annual amount of monthly payments for each of the three twelve month periods following withdrawal  of  such  hyrdoelectric power  shall  be one hundred million dollars. The total annual amount of monthly payments for each of the two  subsequent  twelve  month  periods shall   be   seventy   million   dollars   and  fifty  million  dollars, respectively. Thereafter, the total annual amount  of  monthly  payments for  each twelve month period shall be thirty million dollars. The total amount of monthly payments shall be apportioned by the  authority  among the  utility  corporations  that,  prior  to  the effective date of this subdivision, purchased such hydroelectric power for the benefit of their domestic and rural consumers according to the relative amounts  of  such power  purchased  by  such  corporations.  The monthly payments shall be credited to the electricity bills of  such  corporations'  domestic  and rural  consumers  in  a  manner  to  be determined by the public service commission of the state of New York. The monthly credit provided by  any such  corporation to any one consumer shall not exceed the total monthly electric utility cost incurred by such consumer.  (b) Agricultural consumer electricity  cost  discount.  (1)  Beginning with  the  second  twelve month period after such hydroelectric power is withdrawn, up to eight  million  dollars  of  the  residential  consumer electricity   cost   discount  established  by  paragraph  (a)  of  this  subdivision shall be dedicated  for  monthly  payments  to  agricultural producers  who  receive  electric  service  at the residential rate. The total amount of monthly payments shall be apportioned by  the  authority among   the  utility  corporations  in  the  same  manner  as  they  are apportioned in paragraph (a) of this subdivision. Monthly payments shall be credited to the electricity bills of such corporations'  agricultural consumers  in a manner to be determined by the public service commission of the state of New  York.  The  combined  monthly  credit,  under  this paragraph  and  paragraph  (a) of this subdivision, provided by any such corporation to any one consumer  shall  not  exceed  the  total  monthly electric utility cost incurred by such consumer.  (2)  The  authority  shall  work  cooperatively with the department of public service to evaluate the agricultural  consumer  electricity  cost discount,   which  shall  include  an  assessment  of  the  benefits  to recipients compared to the benefits the  recipients  received  from  the authority's  hydroelectric  power,  withdrawn  pursuant  to  subdivision thirteen-a of this  section,  during  the  twelve  month  period  ending December   thirty-first,   two  thousand  ten,  and  compared  to  other agricultural consumers that did not choose to receive the discount.  (c) Energy efficiency program. (1) Beginning with  the  withdrawal  of such  hydroelectric  power,  the  authority or the New York state energy research and development authority, shall conduct an  energy  efficiency program for five years to provide energy efficiency improvements for the purpose of reducing energy consumption for domestic and rural consumers. Such  energy  efficiency  program  may be undertaken in cooperation with other energy efficiency programs offered by utility corporations,  state agencies and authorities including but not limited to the New York state energy  research and development authority; provided however that energy savings attributable to such other energy efficiency programs shall  not be  included  in  determining the amount of energy saved pursuant to the program established by this paragraph;  (2)  The  authority  or  the  New  York  state  energy  research   and development  authority  shall  annually  post  on their website a report evaluating the energy efficiency program, including but not limited  to, the  number  of domestic and rural consumers who opted to participate in the program and, if practicable, the estimated savings the domestic  and rural  consumers  received  by  participating  in  the energy efficiency program.   14. To provide to the governor, to the speaker of the assembly, and to the temporary president of the senate, on or before April first of  each year,  an economic development report including projections for the next succeeding twelve months of the amount  of  economic  development  power which  will  be  or  is  expected  to be available with a listing of the current recipients of that power, and data on the number  and  types  of jobs  resulting  from  allocation  of  economic  development power. Such report shall also include the amount of revenues collected and  used  in the  previous  calendar year pursuant to the eighth unnumbered paragraph of this section.   15. To provide low cost electricity, as well as energy efficiency  and conservation  services  and  facilities using conventional or new energy technologies, to the following military establishments within the state: Fort  Drum,  Fort  Hamilton,  United  States  Academy  at  West   Point, Watervliet  Arsenal,  Niagara Falls Air Reserve Base, Air Force Research Laboratory at Rome, Defense Finance Accounting Services  at  the  former Rome Air Force Base, North East Air Defense Sector, Stewart Air National Guard Base, Hancock Field Air National Guard Base, Stratton Air National Guard  Base  and Air National Guard Base at Francis S. Gabreski Airport. Services provided pursuant to this section shall  be  provided  only  to  support  United  States  Department  of  Defense  activities as they are conducted at such facilities. The authority  may  enter  into  contracts with  the  United  States, its agencies and instrumentalities, and other public and private entities to effectuate the foregoing.   16.  To  complete  a  biennial  energy  plan  in  accordance  with the provisions of article  six  of  the  energy  law.  In  addition  to  any requirements  of  article  six  of  the  energy law, the authority shall provide copies  of  its  biennial  energy  plan  to  the  governor,  the temporary  president  of  the  senate,  the speaker of the assembly, the chair of the assembly committee on energy and the chair  of  the  senate committee on energy and telecommunications. Further, the authority shall cooperate  and  participate  in  the state energy planning procedures as enumerated in article six of the energy law.   17. (a) As deemed feasible and advisable by the trustees,  to  finance and  design,  develop,  construct,  implement,  provide  and  administer energy-related projects, programs and services for  any  public  entity, any  independent  not-for-profit  institution of higher education within the  state,  and  any  recipient  of  the  economic  development  power, expansion power, replacement power, preservation power, high load factor power, municipal distribution agency power, power for jobs, and recharge New  York  power programs administered by the authority. In establishing and providing high performance and  sustainable  building  programs  and services  authorized by this subdivision, the authority is authorized to consult  standards,  guidelines,   rating   systems,   and/or   criteria established or adopted by other organizations, including but not limited to  the  United  States  green  building council under its leadership in energy and environmental design  (LEED)  programs,  the  green  building initiative's  green  globes  rating  system,  and  the American National Standards Institute. The source of any financing and/or  loans  provided by  the  authority  for  the  purposes  of  this  subdivision may be the proceeds of notes issued pursuant to section one thousand nine-a of this title, the proceeds of bonds issued pursuant to section one thousand ten of this title, or any other available authority funds.  (b) For the purposes of this  subdivision,  the  following  words  and terms  shall  have  the  following meanings unless the context indicates another meaning or intent:  (1) "Agency" means any agency, department, or office of the  state  of New York.  (2)  "Energy-related  projects,  programs  and  services" means energy efficiency projects and services, clean energy technology  projects  and services,  and  high  performance  and sustainable building programs and services,  and  the  construction,  installation  and/or  operation   of facilities  or  equipment  done  in  connection  with any such projects, programs or services.  (3) "Energy services contract" or "contract" means a contract pursuant to which the authority provides energy-related  projects,  programs  and services.  (4)  "High performance and sustainable building programs and services" means programs and services related to the renovation  and  retrofitting of  buildings through the incorporation of standards, guidelines, rating systems, and/or criteria relating  to  design  and  building  techniques established  by  the  authority  pursuant  to  this  section,  which are addressed to such issues as energy efficiency, energy conservation,  the use  of  renewable energy, the reduction of air and other pollution, and the conservation of materials and resources such as water.  (5) "Public entity" means an agency, public authority, public  benefit corporation, public corporation, municipal corporation, school district, board  of  cooperative  educational  services,  public  university, fire  district, district corporation, or special improvement district governed by a separate board of commissioners.  (6) "Public authority" means a public authority formed by or under the laws  of  the state of New York to the extent its facilities are located within the state, and the port authority of New York and New  Jersey  to the extent that its facilities are located within the state.  (7) "Public benefit corporation" means a public benefit corporation as defined  in  subdivision  four  of  section  sixty-six  of  the  general construction law.  (8)  "Public  university"  means  the  city  university  of  New  York including  any senior college or community college as defined in section sixty-two hundred two of the education law, and the state university  of New  York  including  four-year colleges established pursuant to section sixty-three hundred seven of the education law and community colleges as defined in section sixty-three hundred one of the education law.  (c) Any public entity is authorized to enter into an  energy  services contract  with  the  authority for energy-related projects, programs and services that are authorized by this subdivision, provided that (i)  the authority  issues  and  advertises  written  requests for proposals from third party providers of goods  and  services  in  accordance  with  the authority's procurement policies, procedures and/or guidelines, and (ii) the  authority  shall  not contract with a third party provider of goods and services if such person is listed on a debarment list maintained and published in accordance with New York law, as being ineligible to submit a bid on or be awarded any  public  contract  or  subcontract  with  the state, any municipal corporation or public body.  (d)(i) Notwithstanding any other provision of law to the contrary, any energy  services  contract entered into by the authority with any public entity: (1) may have  a  term  of  up  to  thirty-five  years  duration, provided,  however,  that  the  duration  of any such contract shall not exceed  the  reasonably  expected  useful  life  of  any  facilities  or equipment   constructed,   installed   or   operated  as  part  of  such energy-related projects, programs and services subject to such contract; and (2) shall contain the following  clause:  "This  contract  shall  be deemed  executory  only  to  the  extent  of the monies appropriated and available for the purpose of the contract, and no liability  on  account therefor  shall  be  incurred  beyond  the  amount of such monies. It is understood that neither this contract  nor  any  representation  by  any public  employee  or  officer  creates  any legal or moral obligation to request, appropriate or make available monies for  the  purpose  of  the contract."  A  school  district  or  board  of  cooperative  educational services may only enter  into  an  energy  services  contract  with  the authority  for  such  maximum  term  as is prescribed in the regulations promulgated by the commissioner of education or the useful life  of  the facilities  or  equipment  being  constructed,  installed  or  operated, whichever is less.  (ii) Notwithstanding any other provision of law to  the  contrary,  in order to provide an interest in real or other property necessary for the construction of facilities or the operation of equipment provided for in an  energy  services contract, a public entity may enter into a lease or other agreement with the authority concerning real or other property  to which  it holds title or which is under its administrative jurisdiction, as is necessary for such construction or operation, for the same  length of  time  as  the term of the energy services contract and on such terms and conditions as may be agreeable to the parties thereto  and  are  not otherwise  inconsistent  with law, and notwithstanding that such real or other property may remain useful to such  entity  for  the  purpose  for  which  such real or other property was originally acquired or devoted or for which such real or other property is being used.  (e) Nothing contained in this subdivision is intended to limit, impair or  affect  the authority's legal authority to provide energy efficiency and energy services programs that existed as of the  effective  date  of this subdivision.  (f)  The  authority  shall  complete and submit a report, on or before January  thirty-first,  two  thousand  twelve,   on   those   activities undertaken  pursuant to this subdivision to the governor, the speaker of the assembly, the temporary president of the senate, the minority leader of the senate, the minority leader of the assembly,  the  chair  of  the senate  finance  committee,  the  chair  of  the assembly ways and means committee, the chair of the assembly energy committee and the  chair  of the senate energy committee.   18.   For   the  purpose  of  furnishing  the  state  with  systematic information regarding the status and the activities  of  the  authority, the  authority  shall submit to the governor, the temporary president of the senate, speaker of the assembly, the minority leader of  the  senate and  the  minority  leader of the assembly, within ninety days after the end of its fiscal year, a complete and detailed annual  report  on  each economic  development  power  program it administers. Such annual report shall include, but not be limited to, the following information:   a. the number of recipients of economic power  program  benefits,  the economic  region in which each recipient is located, the type and amount of assistance provided, megawatts of power awarded,  length  of  current contract, current contract compliance status, last audit, number of jobs retained  and/or added in the fiscal year, approximate energy efficiency savings and amount of power  reallocated  from  previous  years  due  to forfeited benefits; and   b.  cost  to  the  authority  to  provide  economic  development power programs during the previous fiscal year.   19. To cooperate with the western New York power  proceeds  allocation board  and provide the board with such information and assistance as the board  reasonably  requests,  including   reasonable   staff   services, accounting,  clerical  and  secretarial  assistance,  office  space, and equipment reasonably requested by the western New  York  power  proceeds allocation board to fulfill its duties.   20.  To  establish  an  account  to  be  known as the western New York economic development fund, which shall  consist  of  "net  earnings"  as defined  in  article six-a of the economic development law, deposited in such amounts as determined to be feasible and advisable by the trustees. Such earnings shall be deposited no less frequently than quarterly.  The first  deposit  into  the  fund  shall  be  made  ninety  days after the effective date of this subdivision,  and  shall  include  all  such  net earnings  accrued  since  the  effective  date  of  chapter four hundred thirty-six of the laws of two thousand ten. At least fifteen percent  of such  funds  shall  be  dedicated  towards  eligible  projects which are energy-related projects, programs and services as such term  is  defined in  subparagraph  two  of paragraph (b) of subdivision seventeen of this section. In addition to funding eligible projects, as defined in article six-a of the economic development law, the authority may use western New York economic development fund monies  to  cover  reasonable  costs  and expenses  of  the authority related to the management and administration of the western New York power proceeds  allocation  program  created  by article six-a of the economic development law.   21. The authority may, in its discretion, consult with the western New York power proceeds allocation board in the application process relating to the allocation of expansion power and replacement power.    22. The authority shall establish processes for application review and allocation  of  fund  benefits  provided  for  in  article  six-a of the economic development law.   23. The authority shall include in the annual report prepared pursuant to  subdivision  eighteen of this section, an accounting for the subject year that provides (a) the amount of  expansion  power  and  replacement power  sold  into the wholesale market by the authority, and (b) the net earnings, as such term is defined in section one  hundred  eighty-nine-a of the economic development law, paid into the western New York economic development fund.   24.  (a)  For  purposes of this subdivision, the terms "authority-TMED contract", "eligible project", "net earnings", "northern New York  power proceeds allocation board" and "St. Lawrence county economic development power" shall have the meanings ascribed to such terms in article seven-A of the economic development law.  (b)  The  authority shall be authorized to cooperate with the northern New York power proceeds allocation board, and provide  such  board  with such  information  and  assistance, including reasonable staff services, accounting, clerical  and  secretarial  assistance,  office  space,  and equipment,  as  the  board  reasonably  requests in order to fulfill its duties under article seven-A of the economic development law.  (c) The authority shall establish  an  account  to  be  known  as  the northern  New York economic development fund, which shall consist solely of net earnings.  The  authority,  as  determined  to  be  feasible  and advisable  by  the trustees, shall deposit net earnings into the fund no less than quarterly, provided, however, that the amount of St.  Lawrence county  economic  development power that may be used by the authority to generate net earnings shall not exceed the lesser of twenty megawatts or the amount of St. Lawrence county economic development  power  that  has not  been  allocated  by the authority under the authority-TMED contract for sub-allocations, and provided further that beginning five years from the effective date of this  subdivision,  the  amount  of  St.  Lawrence county  economic  development power that may be used by the authority to generate net earnings shall not exceed the lesser of  ten  megawatts  or the  amount  of  St. Lawrence county economic development power that has not been allocated by the authority under  the  authority-TMED  contract for  sub-allocations. At least fifteen percent of net earnings paid into the  fund  shall  be  dedicated   to   eligible   projects   which   are energy-related  projects,  programs and services as such term is defined in subparagraph two of paragraph (b) of subdivision  seventeen  of  this section. In addition to funding eligible projects, the authority may use northern  New  York economic development fund monies to cover reasonable costs and expenses of  the  authority  related  to  the  management  and administration  of  the  northern  New  York  power  proceeds allocation program created by article seven-A of the economic development law.  (d) The authority is hereby  authorized  to  establish  processes  for application  review  and  allocation of fund benefits, and to promulgate such rules and regulations as it deems necessary to fulfill the purposes of this subdivision and the duties assigned to it under article  seven-A of the economic development law.  (e) The authority shall include in the annual report prepared pursuant to  subdivision  eighteen of this section, an accounting for the subject year  that  provides  the  amount  of  St.  Lawrence   county   economic development  power  sold into the wholesale market by the authority, and the net earnings paid into the northern New  York  economic  development fund.   25.  Notwithstanding  any  other  provision  of  law, to accept gifts, grants, loans, or contributions of funds or property in  any  form  from  the  federal  government or any agency or instrumentally thereof or from the state or any other source  (collectively,  "resources"),  and  enter into  contracts  or  other transactions regarding such resources, and to use such resources for any of its corporate purposes.   26.  (a)  As  deemed  feasible and advisable by the trustees, to plan, finance, construct, acquire, operate, improve and maintain, either alone or jointly with one or more other entities, transmission facilities  for the purpose of transmitting power and energy generated by renewable wind energy generation projects that are located in state territorial waters, and/or  in  waters  under  the  jurisdiction or regulation of the United States, which supplies electric power and energy to  the  state  of  New York  that  the authority deems necessary and desirable in order to: (i) provide, support  and  maintain  an  adequate  and  reliable  supply  of electric  power  and energy in the state of New York, and/or (ii) assist the state in meeting state energy-related goals and standards.  (b) The source of any financing and/or loans provided by the authority for any of the actions authorized in paragraph (a) of  this  subdivision may  be  the  proceeds  of notes issued pursuant to section one thousand nine-a of this title, the proceeds of bonds issued pursuant  to  section one thousand ten of this title, or any other available authority funds.  (c)  The  authority  shall  complete and submit a report, on or before January thirty-first, two thousand twenty, and annually  thereafter,  on those   activities  undertaken  pursuant  to  this  subdivision  to  the governor, the speaker of the assembly, the temporary  president  of  the senate,  the  minority  leader of the senate, the minority leader of the assembly, the chair of the senate finance committee, the  chair  of  the assembly  ways  and  means  committee,  the chair of the assembly energy committee, and the chair of the  senate  energy  and  telecommunications committee.  Such  report  shall be posted on the authority's website and accessible for public review.   * 27. (a) Notwithstanding any other provision of this title, as deemed feasible and advisable by the trustees, the authority is  authorized  to undertake  the following actions when it deems it necessary or desirable to address the energy-related needs of any (i) authority customer,  (ii) public entity, or (iii) CCA community:  (1)  (A)  supply  power  and  energy  procured from competitive market sources to any (i) authority customer, (ii) public entity, or (iii)  CCA community through the supply of such products through an energy services company  or  other  entity  that  is  authorized  by  the public service commission to procure and sell energy products to participants of a  CCA program,  provided,  however, that the authority shall not supply at any point more than a total of four hundred megawatts of power and energy to authority customers and public entities pursuant  to  the  authority  of this clause;  (B)  supply  renewable power, energy, or related credits or attributes procured through a competitive process, from competitive market sources, or through negotiation when a competitive procurement is not  reasonably feasible  and  such  products  can be procured on reasonably competitive terms to (i) any authority customer, (ii) any public  entity,  or  (iii) any  CCA community through the supply of such products through an energy services company or other  entity  that  is  authorized  by  the  public service  commission  to procure and sell energy products to participants of a CCA program; and  (2) (A) alone or jointly with one or more other entities, finance  the development  of renewable energy generating projects that are located in the state, including its territorial waters, and/or on  property  or  in waters  under  the  jurisdiction  or  regulatory authority of the United States, (B) purchase power, energy  or  related  credits  or  attributes  produced  from  such  renewable  energy  generating  projects,  and  (C) allocate and sell any such products to (i) any authority customer,  (ii) any  public  entity,  and  (iii)  any  CCA  community  through an energy services  company  or  other  entity  that  is  authorized by the public service commission to procure and sell energy products  to  participants of a CCA program, provided that the authority shall not, pursuant to the authority  in  this subparagraph, finance more than six renewable energy generation projects and have a per-project electric generating  capacity in excess of twenty-five megawatts.  (b)  Nothing in this subdivision authorizes the authority to act as an energy supply company or administrator for CCA programs.  (c) Power and energy  sold  pursuant  to  the  authority  provided  in paragraph  (a)  of  this  subdivision  shall  only  be  sold  for use at facilities located in the state.  (d) Any public entity  is  hereby  authorized  to  contract  with  the authority  for  the  purchase  of  power,  energy, or related credits or attributes which the authority is authorized to supply  under  paragraph (a) of this subdivision.  (e) The source of any financing and/or loans provided by the authority for  any  of the actions authorized in paragraph (a) of this subdivision may be the proceeds of notes issued pursuant  to  section  one  thousand nine-a  of  this title, the proceeds of bonds issued pursuant to section one thousand ten of this title, or any other available authority funds.  (f) The authority shall complete and submit a  report,  on  or  before January  thirty-first,  two  thousand twenty, and annually thereafter on those actions undertaken pursuant to this subdivision to  the  governor, the  speaker of the assembly, the temporary president of the senate, the chair of the assembly ways and means committee, the chair of the  senate finance  committee,  the  chair of the assembly energy committee and the chair of  the  senate  energy  and  telecommunications  committee.  Such report,  at  a  minimum,  shall  include: (i) an accounting of the total amount of power, energy, and related  credits  and  attributes  procured from  competitive  market  sources  and supplied to authority customers, public entities, and CCA communities; (ii) an accounting  of  the  total amount  of  renewable  power, energy, and related credits and attributes procured through negotiation and supplied to authority customers, public entities, and CCA communities; (iii)  a  description  of  all  renewable energy  generating  projects  financed  by  the authority, including the aggregate amount of financing; (iv) an accounting of all power,  energy, and  related credits and attributes purchased by the authority from such projects; and (v) an identification of all  public  entities,  authority customers,   and  CCA  communities  to  which  the  authority  supplied, allocated or sold any power, energy or related credits or attributes.  (g) For purposes of this subdivision, the following terms  shall  have the  meanings  indicated  in this paragraph unless the context indicates another meaning or intent:  (i) "Authority customer" means an entity located in the state to which the authority sells or is under contract to sell power or  energy  under the authority in this title or any other law.  (ii)  "CCA community" means one or more municipal corporations located within the state that have provided for the purchase of  power,  energy, or related credits or other attributes under a CCA program.  (iii)  "CCA  program"  means  a  community  choice aggregation program approved by the public service commission.  (iv) "Public  entity"  has  the  meaning  ascribed  to  that  term  by subparagraph  five  of  paragraph  (b)  of subdivision seventeen of this section.  (v) "Renewable  energy  resources"  means  solar  power,  wind  power, hydroelectric,  and  any  other  generation  resource  authorized by any renewable energy standard adopted  by  the  state  for  the  purpose  of implementing any state clean energy standard.  (vi)  "Renewable  energy  generating  project"  means  a  project that generates power and energy by means of renewable  energy  resources,  or that  stores  and  supplies  power  and  energy  generated  by  means of renewable energy resources, and includes the construction,  installation and/or operation of ancillary facilities or equipment done in connection with  any  such renewable energy generating projects, provided, however, that  such  term  shall  not  include  the  authority's  Saint  Lawrence hydroelectric project or Niagara hydroelectric project.  (vii) "State" means the state of New York.   * NB Repealed June 30, 2024   The  authority  is  authorized  to allocate up to seventy megawatts of unallocated power from the Niagara project sold prior to  the  effective date  of  this  paragraph  as  replacement power, up to thirty-eight and six-tenths megawatts of preservation power from the  Saint  Lawrence-FDR project  which  is relinquished or withdrawn after the effective date of this paragraph, and for the period ending on December thirty-first,  two thousand  six,  up  to  an additional twenty megawatts of power from the Saint Lawrence-FDR project which is unallocated as of the effective date of this paragraph, for sale into the wholesale market, the net  earnings from  which and such other funds of the authority as deemed feasible and advisable by the  trustees,  shall  be  used  for  energy  cost  savings benefits.   Such  energy  cost  savings  benefits  shall  be  made  upon recommendation of  the  economic  development  power  allocation  board, pursuant  to  subdivision (h) of section one hundred eighty-three of the economic development law. For purposes of this paragraph, the  term  net earnings  shall mean any excess of revenues earned from the sale of such power allocated to the wholesale  market  from  the  Niagara  and  Saint Lawrence-FDR  projects  over  the revenues that would have been received had such firm power been allocated and sold  on  a  firm  basis  by  the authority prior to the effective date of this paragraph.   The  governor  shall establish a temporary commission on the future of New York state power  programs  for  economic  development  as  soon  as practicable  but no later than May first, two thousand six. On or before December  first,  two  thousand   six,   the   commission   shall   make recommendations  to  the  governor  and  the  legislature  on whether to continue, modify, expand or replace  the  state's  economic  development power  programs, including but not limited to the power for jobs program and the  energy  cost  savings  benefit  program,  and  shall  recommend legislative  language  necessary  to  implement its recommendations. The commission shall consist of eleven members, comprised  of  five  members appointed  by  the  governor,  one  of whom he or she shall designate as chairperson, two members by the speaker of the assembly, two members  by the temporary president of the senate, one member by the minority leader of the assembly and one member by the minority leader of the senate.