NY Pub Auth L § 1854 (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 9 - New York State Energy Research and Development Authority 1854 - Purposes and Specific Powers of the Authority.

§  1854. Purposes and specific powers of the authority. * The purposes of  the  authority  shall  be  to  develop  and  implement  new   energy technologies  and invest in build-ready sites, as defined in subdivision eight of section nineteen hundred one of this article,  consistent  with economic,  social and environmental objectives, to develop and encourage energy conservation technologies, to  promote,  develop,  encourage  and assist in the acquiring, constructing, improving, maintaining, equipping and  furnishing  of  industrial, manufacturing, warehousing, commercial, research and industrial pollution control  facilities  at  the  Saratoga Research  and Development Center, and to promote, develop, encourage and assist special energy projects and thereby  advance  job  opportunities, health,  general  prosperity  and  economic welfare of the people of the state of New York. In carrying out such purposes, the  authority  shall, with respect to the activities specified, have the following powers:   * NB Effective until December 31, 2030   * The  purposes of the authority shall be to develop and implement new energy technologies consistent with economic, social  and  environmental objectives,  to  develop and encourage energy conservation technologies, to  promote,  develop,  encourage   and   assist   in   the   acquiring, constructing,   improving,  maintaining,  equipping  and  furnishing  of industrial,  manufacturing,  warehousing,   commercial,   research   and industrial  pollution  control  facilities  at the Saratoga Research and Development Center,  and  to  promote,  develop,  encourage  and  assist special  energy  projects and thereby advance job opportunities, health, general prosperity and economic welfare of the people of  the  state  of New  York.  In  carrying  out  such  purposes, the authority shall, with respect to the activities specified, have the following powers:   * NB Effective December 31, 2030   1. Research,  development  and  demonstration.  To  conduct,  sponsor, assist and foster programs of research, development and demonstration in new  energy  technologies  including  but  not  limited  to  (a)  energy conservation, (b) production of power from new sources with emphasis  on renewable  energy  sources  such as solar, wind, bioconversion and solid waste, (c) storage of energy  with  emphasis  on  inertial  and  battery storage,  (d)  conversion and/or technological improvement of facilities now  utilizing  nuclear  fission   energy   and   fossil   fuel   energy technologies,  (e)  transmission  and  distribution  of  power,  and (f) conversion  of  energy  and  improvements  of   efficiencies   of   such conversion,  including the power after assessing and taking into account environmental considerations thereof, to  establish,  acquire,  operate, develop and manage facilities therefor.   2.  The  provision  of  services. To provide services required for the development and use of new energy technologies and  related  methods  by the   industrial,  commercial,  medical,  scientific,  public  interest, educational and governmental organizations within the  state,  including the  power  to  establish,  acquire  and develop facilities therefor not otherwise available within the state, and to  operate  and  manage  such facilities.   3. Cooperation with gas and power companies. To contract with or enter into  joint  undertakings  with  any  gas  or  power  company,  or power authority of the state of New York, or more than one of them, to  (a) Participate in the construction and operation of  experimental  or developmental  facilities  which implement new energy technologies which have prospects of reducing the economic, environmental and social  costs of energy production and utilization.  (b) Participate in the incorporation of features, including facilities which  incorporate  new energy technologies, in nuclear power plants and the construction of associated facilities to the extent required by  the  public interest in development, health, recreation, safety, conservation of natural resources and aesthetics.  (c) Participate in the incorporation of features, including facilities which  incorporate  new energy technologies, in fossil fuel power plants and the construction of associated facilities to the extent required  by the   public   interest  in  development,  health,  recreation,  safety, conservation of natural resources and aesthetics.  (d) Participate in the construction of facilities to be used  for  the furnishing  of  electric  energy  or  gas  to the extent required by the public interest in development, health, recreation, safety, conservation of natural resources and aesthetics.  (e) Develop, prepare, and furnish  by  sale  or  lease  real  property owned,  held,  or  acquired by the authority within the state to be used for the construction and operation of generating facilities based on new energy technologies  and  related  facilities,  provided  that  no  such contract  or  joint venture shall be entered into which shall permit the authority to distribute or sell any power or energy  to  any  person  or entity  other  than  the  other  contracting  party  or parties or joint venturer or venturers, and provided further that all  power  and  energy received  by  power  authority of the state of New York, pursuant to any such contract or joint venture, shall be distributed and  sold  only  to such  persons as power authority of the state of New York may sell power pursuant to law.   4. Water desalination. To contract with one or more water distribution companies or agencies to participate in the construction  and  operation of  power  generating  facilities  for  the  purpose  of desalination or distribution of water, and to develop, prepare, and furnish by  sale  or lease, real property owned, held or acquired by the authority within the state  to  be used for the construction and operation of such facilities and facilities related thereto, provided that the  authority  shall  not enter  into  any  such contract relating to any such facility which also produces electric power for purposes of sale unless the  authority  also contracts  with  one  or  more  power  companies  with  respect  to  the construction and operation of such facility and the distribution and use of such power.   5. The dissemination of information.  To  accumulate  and  disseminate information   relating   to  the  development  and  use  of  new  energy technologies and energy conservation technologies, including  the  power to  conduct, sponsor, assist and foster studies and surveys, and publish the results thereof.   6. (a) To continue,  modify,  amend,  or  terminate  such  contractual agreements  as may be in force at the effective date of this subdivision with regard to the Western New  York  Nuclear  Service  Center  and  the Saratoga  Research  and Development Center, or take such other action as the authority may deem necessary or appropriate  with  respect  to  such Centers  in the furtherance of the public interest in safe, reliable and economical energy supplies or protection of public health and safety and the environment.  (b) (i) Notwithstanding the provisions of any general or  special  law to  the  contrary,  the  director  of  the  budget  and the chair of the authority are  each  authorized  to  enter  into  one  or  more  service contracts,  and  to  amend  or supplement any existing service contract, with respect to programs, projects,  and  activities  of  the  authority pursuant  to  this  subdivision,  upon such terms as the director of the budget and the chair of the authority  may  agree,  including,  but  not limited  to,  provisions  relating  to the respective obligations of the state and the authority  with  respect  to  administration,  management, maintenance,  and  use  of  the  real  property  at the Western New York  Nuclear Service Center held  by  the  authority,  design,  construction, modification,  operation,  and  maintenance  of  facilities thereon, and implementation of  programs,  projects,  or  activities  to  improve  or correct  conditions  thereon,  including,  but  not limited to, the West Valley demonstration project, and provisions providing for  the  payment of  (A)  all fees and charges of, and expenses and other non-asset costs of financing incurred by, the authority in connection with the  issuance and  administration  of  special obligation bonds or notes to pay for or reimburse the state with respect to  such  actions,  and  (B)  all  debt service  payments  on  such bonds and notes. Provided, however, that the aggregate net proceeds of any such bonds or notes issued, excluding  any bonds or notes issued for the purpose of refunding other bonds and notes issued under this subdivision, shall not exceed the aggregate of amounts appropriated  for  such  actions  in  the state fiscal year ending March thirty-one, nineteen hundred ninety-three  and  any  state  fiscal  year thereafter  up  to  and  including  the  state  fiscal year ending March thirty-first, nineteen hundred ninety-nine, not including amounts to  be applied  to  the  payment of all fees and other charges of, and expenses and other non-asset costs of financing incurred  by,  the  authority  in connection with the issuance and administration of such bonds and notes; and, capitalized interest and debt service reserve funds established for such  bonds or notes and the acquisition of insurance, letters of credit or  other  credit  enhancement  or  liquidity  facilities  obtained   in connection with such bonds or notes.  (ii)  Of  the  moneys  expended from appropriations made for the legal requirements of the state debt service and lease purchase  payments  and other  special contractual obligations, for payment to the authority for payment of principal and interest on bonds issued to finance  activities at  the  Western New York Nuclear Service Center pursuant to one or more service contracts between the state and the authority, an amount not  to exceed  the  amount of such payment as determined by the director of the budget shall be reimbursed to the comptroller according  to  a  schedule determined  by  the  director  of the budget, for deposit in the general debt service fund, by the authority.  (iii) Any such contract entered into pursuant to subparagraph  (i)  of this  paragraph  shall  not  exceed  thirty  years in duration and shall provide that the obligation of the state to fund or to pay  the  amounts therein provided for shall not constitute a debt of the state within the meaning of any constitutional or statutory provision and shall be deemed executory  only  to  the extent of moneys available therefor and that no liability shall be incurred by the state beyond the moneys available for such  purpose,  and  that  such  obligation   is   subject   to   annual appropriation by the legislature.  (iv)  Any  such contract or any payments made or to be made thereunder may be assigned and pledged by the authority as security for  its  bonds and  notes  issued  to  pay  for  or reimburse the state with respect to actions undertaken pursuant to this subdivision.  (v) The comptroller is authorized to receive from  the  authority  any portion  of  proceeds of special obligation bonds or notes issued to pay for or reimburse the state with respect to actions  undertaken  pursuant to  this  subdivision and to credit such amounts to the capital projects fund or any other appropriate fund.   7. To advise the legislature of recommendations for  implementing  new energy  technologies  and  energy  conservation measures, annually or so often as the authority shall deem appropriate.   8. Special energy projects. (a) To extend credit and make  loans  from bond   proceeds   to  any  person  for  the  construction,  acquisition, installation,  reconstruction,  improvement,   maintenance,   equipping,  furnishing  or  leasing  of  any  special  energy  project  or  for  the reimbursement to any person for costs  incurred  in  connection  with  a special  energy  project  completed or not completed at the time of such credit  or loan, which credits or loans may, but need not, be secured by mortgages, contracts, leases or other instruments, upon such  terms  and conditions  as  the  authority  shall determine reasonable in connection with such credits or loans.  (b) In  the  exercise  of  powers  granted  in  paragraph  a  of  this subdivision  in  connection  with any special energy project, to require the inclusion in any contract, lease, loan agreement or other instrument of such provisions for the financing of  such  project  and  such  other financial  or  other  covenants  as  the authority may deem necessary or desirable and to do all things and to execute all instruments  necessary and  desirable  in  connection  therewith;  provided,  however,  that no contract, lease, loan agreement or other agreement entered into  by  the authority   in  furtherance  of  this  authorization  shall  permit  the authority to distribute or sell any power or energy to any person  other than a contracting party.   10.  To  coordinate the state's administration of any energy or energy resource programs of the federal government, including but  not  limited to   those   concerned  with  conservation,  allocation,  management  or education, and to formulate and from time to time revise a state  energy conservation  plan to be submitted pursuant to the federal Energy Policy and Conservation Act of 1975 last amended by Pub. L. 102-486,  Title  I, §123(a).   10-a.  (a) To administer the air pollution mitigation fund established pursuant  to  section  ninety-nine-g  of  the  state  finance  law   and consisting  of  moneys  collected by the public service commission as an air pollution mitigation offset pursuant to subdivision two  of  section sixty-six-k of the public service law.  (b)  To disburse moneys from such fund for the following purposes: (i) to reduce acid  precipitation  through  energy  efficiency,  or  through public  benefit research and development, including, but not limited to, renewable energy; or (ii) the monitoring of, or research related to, the impact of acid precipitation deposition.  (c) To establish guidelines pertaining to  the  allocation  of  moneys from such fund.   11.  To  advise  and  assist  the  governor and the legislature in the development and implementation of state policies relating to energy  and energy resources.   12.  To  require  and  receive  from  any  agency  of the state or any political subdivision thereof assistance and data.   13. To act as a central repository and clearinghouse  for  information on  all  energy  and  energy resource related matters including, but not limited to, the availability and use of the most  energy  efficient  and environmentally  sensitive  outdoor  lighting  available  for public and private uses.   14. To apply for and to administer federal  research  and  development grants and other monies for the benefit of consumers.   15.  To  prepare  an integrated resource plan specifying actions to be taken in the event of the declaration by the governor of  an  energy  or fuel supply emergency pursuant to section 5-117 of the energy law.   16.  To  promulgate  energy  use standards after consultation with the commissioner of the office of general services for the purchase,  lease, use or maintenance of state buildings and equipment.   17.  To  implement  the provisions of sections 5-108, 5-111, 5-113 and 5-117 of article five and articles six, seven,  eight  and  ten  of  the energy law.    18.  To  provide  for  the deposit of all or a portion of the proceeds collected by  the  authority  from  the  auction  or  sale  of  emission allowances  allocated by the department of environmental conservation to the authority pursuant to  regulations  adopted  by  the  department  of environmental  conservation  to  a  green jobs-green New York fund to be established in the custody of the commissioner of taxation and  finance. The  monies in such fund shall be available for the green jobs-green New York program pursuant to title nine-A of article eight of this chapter.   19. To, on  its  own  or  through  a  qualified  entity,  directly  or indirectly, and in consultation with the department of public service:  (a) develop and administer a generation attribute tracking system that records generation attribute information within the state, and processes generation  attribute  information from energy outside the state that is imported to and consumed within the  state,  as  a  basis  for  creating generation attribute certificates;  (b) assign initial ownership of generation attribute certificates;  (c)  provide  for the transfer or conveyance, ownership and retirement of generation attribute certificates;  (d) obtain  generation,  delivery  and  consumption  information  from independent  system operators, generators, public utility companies, and retail  load-serving   entities   producing,   delivering   or   selling electricity  in  the  state,  including,  but  not limited to, "electric corporations" as defined under subdivision thirteen of  section  two  of the  public service law, "cooperatives" as defined under subdivision (a) of section two of the rural electric cooperative law, and any  publicly- or  municipally-owned  utilities,  including  the power authority of the state of New York and the Long Island power authority, deemed  necessary by  the  authority  to  verify  or  supplement such generation attribute tracking system;  (e) facilitate participation in, and use of, such generation attribute tracking system by buyers, sellers  and  brokers  with  respect  to  the ownership,   transfer   or  conveyance,  and  retirement  of  generation attribute certificates; and  (f) perform such additional activities as may be deemed  necessary  by the   authority  to  ensure  cooperation  and  the  smooth  exchange  of information among and between the generation attribute  tracking  system and similar systems within or outside the state.   20. To administer a program, using funds provided for such purpose, to provide  a  grant  based  on standards and guidelines established by the authority for costs as follows:  (a) for each retail outlet that is in operation  before  April  first, two  thousand  fourteen  and is subject to the requirements of paragraph (a) of subdivision three of section  one  hundred  ninety-two-h  of  the agriculture and markets law:  (i)  no  greater  than  ten  thousand dollars required to prewire such retail outlet with an appropriate transfer switch for using an alternate generated power source as defined in section one hundred ninety-two-h of the agriculture and markets law; or  (ii) no greater than thirteen thousand  dollars  required  to  prewire such  retail  outlet  with  an  appropriate transfer switch for using an alternate generated power source  as  defined  in  section  one  hundred ninety-two-h  of the agriculture and markets law and purchase such power source to be permanently affixed at the site.  (b) for each retail outlet that is in operation  before  April  first, two  thousand  fourteen  and is subject to the requirements of paragraph (b) of subdivision three of section  one  hundred  ninety-two-h  of  the agriculture  and  markets  law,  no  greater  than  ten thousand dollars required to: (i) prewire an existing retail outlet with  an  appropriate  transfer switch for using an alternate generated power source as defined in  section one hundred ninety-two-h of the agriculture and markets law; and/or (ii) purchase such power source to be permanently affixed at  the site.  (c)  to the extent funds are available, for retail outlets that become operational on or after April first, two thousand fourteen, or to  which subdivision  two  of section one hundred ninety-two-h of the agriculture and markets law becomes applicable after  the  effective  date  of  this subdivision,  which  grants  shall  otherwise  be  subject  to  the same amounts, purposes and restrictions as paragraphs (a)  and  (b)  of  this subdivision.  (d)  to  the  extent  funds  are  available,  for  retail outlets that voluntarily apply before April  first,  two  thousand  fifteen  and  are located  on  a  strategic upstate highway as defined in paragraph (e) of this subdivision or within one-half mile by  road  measurement  from  an exit  road  on a strategic upstate highway, in such amounts and for such purposes as set forth in subparagraphs (i) and (ii) of paragraph (a)  of this subdivision.  (e) "Strategic upstate highway" means the following:  (i) I-87 beginning at the Rockland-Orange county line thence northerly passing  through  or  in the vicinity of Albany to the intersection with I-90, the foregoing route being a portion of the New York state thruway; thence continuing northerly to the New York-Canada border;  (ii) I-90 beginning at I-87 in the vicinity of Albany thence  westerly passing  through  or  in  the  vicinity of Schenectady, Utica, Syracuse, Rochester, and Buffalo;  thence  continuing  southwesterly  to  the  New York-Pennsylvania border, the foregoing route being a portion of the New York state thruway;  (iii) the Berkshire section of the New York state thruway beginning at I-87  thence  easterly  to  the intersection with I-90 and continuing on I-90 to the New York-Massachusetts border;  (iv) I-84 beginning at the New York-New Jersey border thence  easterly passing  through  or  in  the  vicinity  of  Newburgh, thence continuing easterly and southeasterly to the New York-Connecticut border;  (v) I-88 beginning at  I-81  in  the  vicinity  of  Binghamton  thence northeasterly to I-90 in the vicinity of Schenectady;  (vi) I-86/State Route 17 beginning at I-87 in the vicinity of Woodbury thence  westerly and northwesterly passing through or in the vicinity of Binghamton,   Elmira,   and   Jamestown,   continuing   to    the    New York-Pennsylvania border;  (vii)  I-81  beginning  at  the  New  York-Pennsylvania  border thence northerly passing through or in the vicinity of Syracuse and  Watertown, continuing to the New York-Canada border;  (viii)  I-390  beginning  at  I-86  in  the  vicinity  of Avoca thence northwesterly and northerly to I-490 in the vicinity of Rochester; and  (ix) I-190 beginning at  I-90  in  the  vicinity  of  Buffalo,  thence westerly,  northwesterly,  and  northerly  through Buffalo, across Grand Island, the foregoing route being  a  portion  of  the  New  York  state thruway,  and  thence  generally  westerly  to  the United States-Canada border in the vicinity of Lewiston.   The authority may offer any funds provided for such  purpose  and  not expended  to  retail  outlets  that  are  not included in paragraphs (a) through (d) of this subdivision but that voluntarily seek to participate in such program.   21. To administer a program to establish  a  pool  of  generators  for retail  outlets  as  defined  in section one hundred ninety-two-h of the agriculture and markets law. The authority may enter into or  facilitate contracts,  lease  agreements  and  any other instruments subject to the  provisions of law, with companies  providing  generators  and  generator services to provide for such pool and the deployment and installation of generators  in the pool. Retail outlets that elect to participate in the program  and  are  subject  to  the  requirements  of  paragraph  (a) of subdivision three of section one hundred ninety-two-h of the agriculture and markets law shall be  required  only  to  pay  the  actual  cost  of generator   rental,  deployment  and  installation  in  the  event  that emergency deployment is required,  provided,  that  a  participant  must abide  by  the  terms  of any contract or written agreement covering the rental, deployment and installation of such generator. In the event that an insufficient number of  generators  is  available  to  meet  required emergency   deployment,   the   authority   in   consultation  with  the commissioner  of  homeland  security  and   emergency   services   shall prioritize  such  retail  outlets as are most essential to public safety and  well-being  during  the  energy  or  fuel  supply  emergency.  When generators  from  such program are deployed, the authority shall provide public notice on its website, to  the  media  and  through  other  means practicable of those retail outlets where generators are deployed.   In  exercising  the powers granted by this title, the authority shall, insofar  as  practicable,  cooperate  and  act   in   conjunction   with industrial,   commercial,   medical,  scientific,  public  interest  and educational organizations within the state, and  with  agencies  of  the federal  government,  of  the  state  and its political subdivisions, of other states, and joint agencies thereof.   In carrying out its corporate purposes and in  exercising  the  powers granted  by this title, the authority shall be regarded as performing an essential governmental function.