2023 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.   Agricultural   consumer   electricity   cost   discount.   (1)
Notwithstanding any provision of  this  title  or  article  six  of  the
economic  development  law to the contrary, the authority is authorized,
beginning in two thousand twenty-four, 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
agricultural producers who receive electric service at  the  residential
rate who enjoyed the benefits of authority hydroelectric power withdrawn
pursuant  to  subdivision  thirteen-a  of  this  section,  and  who were
previously eligible to receive benefits under the agricultural  consumer
electricity  cost discount created by section four of part CC of chapter
sixty of the laws of two thousand eleven, 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  September  first,  two  thousand twenty-four. The total annual
amount of monthly payments shall not exceed five million dollars.
(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.
(b)  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.
** NB Repealed June 30, 2024
(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, 2033
27-a. (a) The authority is authorized and directed, to:
(i) plan, design, develop, finance, construct, own, operate,  maintain
and  improve,  either  alone, or jointly with other entities through the
use of public-private agreements established in paragraph  (f)  of  this
subdivision,   renewable   energy  generating  projects  in  the  state,
including its territorial waters, and/or on property or in waters  under
the  jurisdiction  or  regulatory authority of the United States, or any
component thereof,  to:  support  the  state's  renewable  energy  goals
established  pursuant to the climate leadership and community protection
act; provide or maintain an adequate and  reliable  supply  of  electric
power  and  energy in the state, including but not limited to, high need
areas and communities served  by  small  natural  gas  power  plants  as
defined  in  this  section;  and support the renewable energy access and

community   help   program   established   pursuant    to    subdivision
twenty-seven-b  of this section; subject to the strategic plan developed
and updated pursuant to paragraph (e) of this  subdivision  approved  by
the  trustees of the authority, provided that the authority, or a wholly
owned subsidiary thereof, shall at all times maintain majority ownership
of any such project,  and  provided  further  that  the  authority,  any
subsidiary   thereof,   or   any   other   entity   participating  in  a
public-private  agreement  established  in   paragraph   (f)   of   this
subdivision,  shall  only  design,  develop,  finance,  construct,  own,
operate, maintain and improve projects pursuant to this subdivision that
have been identified in the strategic plan or its updates as provided in
subparagraph (v) of paragraph (e) of this subdivision; and
(ii) notwithstanding any conflicting  provision  of  title  five-A  of
article  nine  of  this chapter, acquire from willing sellers, lease, or
dispose of property interests related to the development or  disposition
of  renewable  energy  generating  projects authorized by this paragraph
through a competitive selection process or by negotiation, provided that
the authority and any subsidiary thereof shall  receive  not  less  than
fair  market value, supported by an appraisal prepared by an independent
appraiser, for the disposal of any  interest  in  any  renewable  energy
generating project.
(b)  The  authority, its subsidiaries or any entity participating in a
public-private  agreement  established  in   paragraph   (f)   of   this
subdivision  or  acting  on  behalf  of  the  authority, when developing
renewable energy generating projects authorized in this subdivision,  or
subdivision  twenty-seven-b  of  this  section,  shall: (i) not develop,
except when necessary for  generator  lead  lines  and  other  equipment
needed  for  interconnection  of  projects  to  the  electric system, on
property that consists of land used in agricultural  production,  taking
into  consideration  whether the land is within an agricultural district
or contains mineral soil groups 1-4, as defined  by  the  department  of
agriculture and markets, unless a renewable energy generation project is
in  furtherance  of  an  agrivoltaics  project;  (ii)  minimize  harm to
wildlife, ecosystems, public health and public  safety;  and  (iii)  not
build on lands located upon any Native American territory or reservation
located wholly or partly within the state, except through voluntary sale
or  other agreement for such use with the consent of the relevant nation
and any required consent of the federal government.
(c) Renewable energy generating projects developed by  the  authority,
or   a   wholly  owned  subsidiary,  pursuant  to  this  subdivision  or
subdivision  twenty-seven-b  of  this  section  that  meet   eligibility
criteria  under  state  programs  administered  by  the  public  service
commission and the  New  York  state  energy  research  and  development
authority  shall be eligible to receive renewable energy certificates in
accordance with such programs consistent with laws and regulations.
* (d) No later than one hundred eighty days after the  effective  date
of this subdivision, and annually thereafter, the authority shall confer
with  the  New York state energy research and development authority, the
department of public service,  climate  and  resiliency  experts,  labor
organizations,  and  environmental  justice  and community organizations
concerning the state's progress on meeting the  renewable  energy  goals
established by the climate leadership and community protection act. When
exercising   the  authority  provided  for  in  paragraph  (a)  of  this
subdivision, the information developed through such conferral  shall  be
used  to identify projects to help ensure that the state meets its goals
under the climate leadership and community protection act. Any conferral
provided for in this paragraph shall include consideration of the timing
of projects in the interconnection queue  of  the  federally  designated

electric  bulk  system  operator for New York state, taking into account
both capacity  factors  or  planned  projects  and  the  interconnection
queue's   historical  completion  rate.  A  report  on  the  information
developed  through such conferral shall be published and made accessible
on the website of the authority.
* NB Effective until December 31, 2040
* (d) No later than one hundred eighty days after the  effective  date
of this subdivision, and annually thereafter, the authority shall confer
with  the  New York state energy research and development authority, the
office of renewable energy siting, the  department  of  public  service,
climate  and  resiliency experts, labor organizations, and environmental
justice and community organizations concerning the state's  progress  on
meeting the renewable energy goals established by the climate leadership
and community protection act. When exercising the authority provided for
in  paragraph (a) of this subdivision, the information developed through
such conferral shall be used to identify projects to  help  ensure  that
the  state  meets  its  goals under the climate leadership and community
protection act. Any conferral  provided  for  in  this  paragraph  shall
include  consideration  of the timing of projects in the interconnection
queue of the federally designated electric bulk system operator for  New
York  state,  taking  into  account  both  capacity  factors  or planned
projects and the interconnection queue's historical completion  rate.  A
report  on  the  information  developed  through such conferral shall be
published and made accessible on the website of the authority.
* NB Effective December 31, 2040
(e) * (i)  Beginning  in  two  thousand  twenty-five,  and  biennially
thereafter   until   two   thousand   thirty-three,  the  authority,  in
consultation with the New York state  energy  research  and  development
authority,   the   department  of  public  service,  and  the  federally
designated electric bulk system  operator  for  New  York  state,  shall
develop  and  publish biennially a renewable energy generation strategic
plan ("strategic plan") that identifies the renewable energy  generating
priorities  based on the provisions of paragraph (a) of this subdivision
for the two-year period covered by the plan as further provided  for  in
this paragraph.
* NB Effective until December 31, 2040
* (i) Beginning in two thousand twenty-five, and biennially thereafter
until two thousand thirty-three, the authority, in consultation with the
New  York state energy research and development authority, the office of
renewable energy siting, the  department  of  public  service,  and  the
federally  designated  electric bulk system operator for New York state,
shall develop and  publish  biennially  a  renewable  energy  generation
strategic  plan  ("strategic plan") that identifies the renewable energy
generating priorities based on the provisions of paragraph (a)  of  this
subdivision  for  the  two-year  period  covered  by the plan as further
provided for in this paragraph.
* NB Effective December 31, 2040
(ii) In developing, and updating, the strategic  plan,  the  authority
shall consider:
(A)   information   developed   pursuant  to  paragraph  (d)  of  this
subdivision;
(B) high need areas where transmission and distribution upgrades  will
be necessary to interconnect new renewable energy generation projects;
(C)  the  feasibility of projects, based on costs, potential benefits,
and other relevant considerations;
(D) the fiscal condition of the authority and the impacts of potential
renewable  energy  generating  projects  on  the   authority   and   its
subsidiaries;
(E)   ways   to   minimize   any   negative  tax  revenue  impacts  on
municipalities that host renewable energy generating projects, including
but not limited to, PILOT and/or community benefit agreements;
(F)  the  timing,  characteristics  and  size  of the renewable energy
generating projects  in  the  interconnection  queue  of  the  federally
designated electric bulk system operator for New York state;
(G) in consultation with the federally designated electric bulk system
operator  for  New  York state, the power, energy and ancillary services
provided by planned renewable energy generating  projects,  taking  into
account the historical completion rate of similar projects; and
(H) opportunities to work in partnership with private sector renewable
energy  developers  to  accelerate activity, catalyze greater scale, and
spur additional market participation.
(iii)  The  strategic  plan  shall  address  the  purposes  stated  in
paragraph (a) of this subdivision, and prioritize projects that:
(A) actively benefit disadvantaged communities;
(B) serve publicly-owned facilities; and
(C)  support  the  renewable  energy access and community help program
established pursuant to subdivision twenty-seven-b of this section.
(iv) The strategic plan shall assess and identify at a minimum:
(A) renewable energy generating high need and priority areas;
(B)  priority  locations  for  the  development  of  renewable  energy
generating projects;
(C)  the  types  and  capacity  of  renewable  energy  resources to be
utilized;
(D) the estimated cost of renewable energy generating projects to  the
extent known;
(E)  a description of any delays or anticipated delays associated with
completion of the renewable energy generating projects;
(F)  which  of  the  intended  purposes  in  paragraph  (a)  of   this
subdivision  each  renewable  energy  generating  project is intended to
support;
(G) any prioritization given to the order of development of  renewable
energy generating projects;
(H)  the  benefits  associated  with  the  renewable energy generating
projects, including any benefits to disadvantaged communities;
(I) any benefits to rate payers;
(J) the state's progress towards achieving the renewable energy  goals
of the climate leadership and community protection act; and
(K) any other information the authority determines to be appropriate.
(v)  The  plan  shall  include  a  list  of  proposed renewable energy
generating projects. Such list shall include projects that  are  planned
to  be commenced prior to the next update or version of the plan, and at
the authority's discretion need not include any projects in the planning
stage. Each proposed project listed shall include, without limitation:
(A) location of the project, to the extent  that  property  associated
with such location has been secured for the proposed project;
(B) the type, or types, of renewable energy resources utilized;
(C) the potential generating capacity of each project;
(D) the estimated project cost;
(E) the timeline for completion; and
(F)  the  entity  undertaking  the  proposed  project  and  any public
partnership agreements the authority or its subsidiaries enter into  for
such project.
(vi)  In  developing  the  strategic plan, the authority shall consult
with stakeholders including, without limitation, climate and  resiliency
experts,   labor   organizations,   environmental  justice  communities,
disadvantaged  community  members,  residential   and   small   business

ratepayer  advocates,  and  community organizations. The authority shall
also seek, where possible, community input through  the  regional  clean
energy  hubs program administered by the energy research and development
authority.
(vii)  The  authority  shall post a draft of the strategic plan on its
website for public comment for a period of  at  least  sixty  days,  and
shall hold at least three public hearings on the draft strategic plan in
regionally diverse parts of the state.
(viii)  The  authority  shall  after considering the stakeholder input
publish the first final strategic plan on  its  website  no  later  than
January thirty-first, two thousand twenty-five.
(ix)  The authority, until two thousand thirty-five, shall update each
biennial strategic plan annually, after a public comment  period  of  at
least  thirty  days  and  at  least  one  public  hearing.  Such updated
strategic plan shall include a  review  of  the  implementation  of  the
projects  previously  included  in  the  strategic  plan  with necessary
updates, including status in the interconnection  queue.  The  authority
may  update  the  plan more often than annually provided that it follows
the  public  comment  and  public  hearing  process  for  updated  plans
prescribed by this paragraph.
(x)  The  strategic  plan  and  any update thereof shall not be deemed
final until it is approved by the authority's trustees.
(f) The authority shall have the right to exercise and perform all  or
part  of  its  powers  and  functions  pursuant  to  this subdivision or
subdivision twenty-seven-b of this section, through one or  more  wholly
owned  subsidiaries. The authority may form such subsidiary by acquiring
the voting shares thereof or by resolution of the board directing any of
its trustees, officers or employees to organize a subsidiary pursuant to
the business corporation law, or the not-for-profit corporation law,  or
as  otherwise  authorized  by  law.  Such resolution shall prescribe the
purpose for which such subsidiary is to be formed, which  shall  not  be
inconsistent   with  the  provisions  of  this  subdivision.  Each  such
subsidiary  pursuant  to  this  subdivision  shall  be  subject  to  any
provision   of   this  chapter  pertaining  to  subsidiaries  of  public
authorities, except  that  subdivision  three  of  section  twenty-eight
hundred twenty-seven-a of this chapter shall not apply to any subsidiary
organized  pursuant  to  this section. The authority may transfer to any
such subsidiary any  moneys,  property  (real,  personal  or  mixed)  or
facilities  in order to carry out the purposes of this subdivision. Each
such  subsidiary  shall  have  all  the  privileges,   immunities,   tax
exemptions  and other exemptions of the authority to the extent the same
are not inconsistent with the statute or statutes pursuant to which such
subsidiary was incorporated; provided, however, that in  any  event  any
such  subsidiary shall be entitled to exemptions from the public service
law and any regulation by, or the jurisdiction of,  the  public  service
commission,   except  as  otherwise  provided  in  this  subdivision  or
subdivision twenty-seven-b of this section. In exercising the  authority
provided  for in paragraph (a) of this subdivision, the authority or any
subsidiary  thereof,   may   enter   into   public-private   partnership
agreements,   to   the   extent   the  authority  determines  that  such
collaborations are in the best interest of the state, and  necessary  to
mitigate  financial  risks  to  the  authority  to  manageable levels as
determined by  the  trustees.  Nothing  in  this  subdivision  shall  be
construed   as  authorizing  any  private  entity  that  enters  into  a
public-private partnership or  a  similar  agreement,  or  any  contract
authorized  herein,  with  the  authority  or  a  subsidiary thereof, to
receive, exercise  or  claim  entitlement  to  any  of  the  privileges,

immunities,  tax  exemptions or other exemptions of the authority or any
subsidiary thereof.
(g)  The  source  of any financing and/or loans for any of the actions
authorized in this subdivision may include: (i) the  proceeds  of  notes
issued  pursuant  to section one thousand nine-a of this title; (ii) the
proceeds of bonds issued pursuant to section one thousand  ten  of  this
title;  (iii)  other  funds  made  available  by  the authority for such
purposes; or (iv) any other funds made available to the  authority  from
non-authority  sources  including  but  not  limited to state or federal
monies.
(h) For any renewable energy generating  project  authorized  by  this
subdivision,  identified  in  the strategic plan and developed after its
effective date,  the  authority  is  authorized,  pursuant  to  law  and
regulation, to:
(i) sell renewable energy credits or attributes to, the New York state
energy  research and development authority, including for the purpose of
supporting the greenhouse gas emission reduction goals  in  the  climate
leadership and community protection act;
(ii)  sell  renewable  power  and energy and ancillary services to, or
into, markets operated by the federally designated electric bulk  system
operator for New York state;
(iii)  sell renewable power and energy and renewable energy credits or
attributes to: (A) any load serving entity in the state,  including  the
Long  Island power authority (directly, or through its service provider,
as appropriate), including but not limited to the purpose  of  providing
bill  credits  to  low-income  or  moderate-income  end-use  electricity
consumers in disadvantaged communities for renewable energy produced  by
renewable  energy  systems as provided for in subdivision twenty-seven-b
of this section;
(B) manufacturers of green hydrogen produced through  electrolysis  or
other  zero-emission technology to displace fossil fuel use in the state
for use at facilities located in the state;
(C) any public entity or authority customer;
(D) community distributed generation providers, energy aggregators and
similar entities for the benefit of subscribers to community distributed
generation   projects   in   the   state,   including   low-income    or
moderate-income  end-use  electricity consumers located in disadvantaged
communities; and
(E) any CCA community.
(i) 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 renewable energy credits or other attributes under a CCA program.
(iii)  "CCA  program"  means  a  community  choice aggregation program
approved by the public service commission.
(iv) "Disadvantaged communities" has the meaning ascribed to that term
by subdivision five of section 75-0101 of the environmental conservation
law.
(v) "Public entity" has the same meaning as in  subparagraph  five  of
paragraph (b) of subdivision seventeen of this section.
(vi) "Renewable energy generating project" or "project" means:
(A)  facilities that generate power and energy by means of a renewable
energy system;
(B) facilities that store and discharge power and energy; and
(C) facilities, including generator lead lines, for interconnection of
renewable energy generating projects to delivery points within the state
of New York.
(vii)  "Renewable  energy  system"  has  the  same  meaning as section
sixty-six-p of the public service law.
(j) The authority shall complete and submit a  report,  on  or  before
January thirty-first, two thousand twenty-five, and annually thereafter,
to  the  governor,  the  speaker  of  the  assembly,  and  the temporary
president of the senate, and shall post such report on  the  authority's
website  such  that  the  report  is  accessible for public review. Such
report shall include, but not be limited to:
(i) a description of the renewable energy projects the  authority  has
planned, designed, developed, financed, or constructed and that it owns,
operates,  maintains  or improves, alone or jointly with other entities,
under the authority of this subdivision;
(ii) a description of the acquisition, lease or other  disposition  of
interests in renewable energy generating projects by the authority under
this subdivision;
(iii) a listing of all renewable power, energy, ancillary services and
related  credits  and attributes sold or purchased by the authority from
such projects;
(iv) a listing of the entities to which the  authority  has  supplied,
allocated  or  sold  any  renewable power, energy, ancillary services or
related credits or attributes from such projects;
(v) a listing and description of all subsidiaries that  the  authority
formed,  public-private  partnerships  the authority has joined, and the
subsidiaries and public-private  partnerships  from  and  to  which  the
authority acquired or transferred any interests;
(vi) the total amount of revenues generated from the sale of renewable
energy products from such projects; and
(vii)  an  explanation of how each renewable energy generation project
supports the purposes listed in paragraph (a) of this subdivision.
(k)  All  renewable  energy  generating  projects  subject   to   this
subdivision  and  subdivision  twenty-seven-b  of  this section shall be
deemed public work and subject  to  and  performed  in  accordance  with
articles  eight  and  nine  of  the  labor  law.  Each contract for such
renewable energy generating project shall contain a provision that  such
projects  may  only be undertaken pursuant to a project labor agreement.
For purposes of this subdivision and subdivision twenty-seven-b of  this
section,  "project  labor  agreement"  shall  mean a pre-hire collective
bargaining agreement between the authority, or a third party  on  behalf
of  the authority, and a bona fide building and construction trade labor
organization establishing  the  labor  organization  as  the  collective
bargaining  representative  for  all  persons who will perform work on a
public work project,  and  which  provides  that  only  contractors  and
subcontractors  who  sign  a  pre-negotiated  agreement  with  the labor
organization   can   perform   project   work.   All   contractors   and
subcontractors  associated  with  this work shall be required to utilize
apprenticeship agreements as defined  by  article  twenty-three  of  the
labor law.
(l)  The  authority  shall  include requirements in any procurement or
development of a renewable energy generating project, as defined in this
subdivision, that the components and parts shall be produced or made  in
whole  or  substantial  part  in  the  United States, its territories or
possessions. The authority's president and chief executive  officer,  or
his   or   her  designee  may  waive  the  procurement  and  development
requirements set forth in this paragraph  if  such  official  determines

that:  the  requirements  would  not  be  in  the  public  interest; the
requirements  would  result  in  unreasonable  costs;   obtaining   such
infrastructure  components and parts in the United States would increase
the  cost  of  a  renewable energy generating project by an unreasonable
amount; or such  components  or  parts  cannot  be  produced,  made,  or
assembled  in  the  United States in sufficient and reasonably available
quantities or of satisfactory quality. Such determination must  be  made
on  an annual basis no later than December thirty-first, after providing
notice and an opportunity for public  comment,  and  such  determination
shall be made publicly available, in writing, on the authority's website
with   a   detailed   explanation   of  the  findings  leading  to  such
determination. If the authority's president and chief executive officer,
or his or her designee, has issued determinations for three  consecutive
years  finding  that  no  such  waiver  is  warranted  pursuant  to this
paragraph, then the authority shall no longer be required to provide the
annual determination required by this paragraph.
(m) (i) Nothing in this subdivision or subdivision  twenty-seven-b  of
this  section  shall  alter  the  rights  or  benefits,  and privileges,
including, but not limited to terms and conditions of employment,  civil
service  status,  and  collective  bargaining  unit  membership,  of any
current employees of the authority.
(ii) Nothing in this article  shall  result  in:  (A)  the  discharge,
displacement,  or  loss of position, including partial displacement such
as a reduction in the hours of non-overtime work, wages,  or  employment
benefits;   (B)   the   impairment  of  existing  collective  bargaining
agreements; (C) the transfer of existing duties and  functions;  or  (D)
the  transfer  of future duties and functions, of any currently employed
worker of the state  or  any  agency,  public  authority  or  the  state
university of New York.
(n)  The  authority shall enter into a memorandum of understanding for
the operation and maintenance of a renewable energy  generating  project
developed  pursuant  to  this subdivision or subdivision twenty-seven of
this section with a bona fide labor organization of jurisdiction that is
actively  engaged   in   representing   transitioning   employees   from
non-renewable  generation  facilities.  Such memorandum shall be entered
into prior to the completion  date  of  a  renewable  energy  generating
project  and  shall be an ongoing material condition of authorization to
operate and maintain a renewable  energy  generating  project  developed
pursuant  to  this  subdivision  or  subdivision  twenty-seven-b of this
section. The memorandum shall only apply to the employees necessary  for
the  maintenance  and  operation  of  such  renewable  energy generating
projects. Such memorandum shall contain but not be limited to safety and
training  standards,  disaster  response  measures,  guaranteed   hours,
staffing  levels,  pay  rate  protection,  and  retraining programs. The
employees eligible for these positions shall first be  selected  from  a
pool  of transitioning workers who have lost their employment or will be
losing their employment in the non-renewable energy  generation  sector.
Such  list  of  potential  employees  will be provided by affected labor
organizations and provided to the department of labor. The department of
labor shall update and provide such list to the  authority  ninety  days
prior to purchase, acquisition, and/or construction of any project under
this subdivision or subdivision twenty-seven-b of this section.
(o)  For  the  purposes of article fifteen-A of the executive law, any
person entering into a contract for a  project  authorized  pursuant  to
this  section  shall be deemed a state agency as that term is defined in
such article and such contracts shall be deemed state  contracts  within
the meaning of that term as set forth in such article.
* (p)  Nothing  in  this  subdivision or subdivision twenty-seven-b of
this section,  shall  be  construed  as  exempting  the  authority,  its
subsidiaries,  or  any  renewable  energy generating projects undertaken
pursuant to this section from the requirements of article  VIII  of  the
public  service  law respecting any renewable energy system developed by
the authority or an authority subsidiary after  the  effective  date  of
this  subdivision  that  meets the definition of "major renewable energy
facility" as defined in article VIII of the public service  law,  as  it
relates  to  host  community  benefits,  and  section  11-0535-c  of the
environmental conservation law  as  it  relates  to  an  endangered  and
threatened species mitigation bank fund.
* NB Effective until December 31, 2040
* (p)  Nothing  in  this  subdivision or subdivision twenty-seven-b of
this section,  shall  be  construed  as  exempting  the  authority,  its
subsidiaries,  or  any  renewable  energy generating projects undertaken
pursuant to this section from the requirements of section  ninety-four-c
of the executive law respecting any renewable energy system developed by
the  authority  or  an  authority subsidiary after the effective date of
this subdivision that meets the definition of  "major  renewable  energy
facility"  as  defined in section ninety-four-c of the executive law and
section eight of part JJJ of chapter fifty-eight  of  the  laws  of  two
thousand  twenty,  as it relates to host community benefits, and section
11-0535-c of the environmental conservation law  as  it  relates  to  an
endangered and threatened species mitigation bank fund.
* NB Effective December 31, 2040
(q)  All  renewable  energy generating projects the authority plans to
undertake pursuant to the authority and directive of  paragraph  (a)  of
this subdivision, and identified in the strategic plan, shall be subject
to review and approval of the authority's board of trustees.
27-b. (a) Definitions. For purposes of this subdivision, the following
terms shall have the following meanings:
(i)  "bill  credit" means a monthly monetary credit which is funded by
the authority, as further determined by the  public  service  commission
and  appears  on  the  utility  bill  of a low-income or moderate-income
end-use electricity consumer located in a disadvantaged  community,  for
renewable   energy  produced  by  renewable  energy  systems  developed,
constructed, owned, or contracted for by  the  power  authority  of  the
state  of  New  York  and  injected  into a distribution or transmission
facility at one or more points in New  York  state,  together  with  any
enhanced  incentive  payments  for  a  community  distributed generation
project serving a disadvantaged community provided for in paragraph  (b)
of  subdivision  seven of section sixty-six-p of the public service law,
together with any other funding made available by the authority for such
purposes;
(ii)  "disadvantaged  community"  means  a  community  defined  as   a
disadvantaged  community  in accordance with article seventy-five of the
environmental conservation law;
(iii) "jurisdictional load serving entity" has  the  same  meaning  as
defined  in  paragraph  (a) of subdivision one of section sixty-six-p of
the public service law;
(iv) "low-income  or  moderate-income  end-use  consumer"  shall  mean
end-use  customers  of  electric  corporations  and  combination gas and
electric corporations regulated by the public service  commission  whose
income  is  found to be below the state median income based on household
size;
(v) "renewable energy" means electrical energy produced by a renewable
energy system;
(vi) "renewable energy systems" has the same  meaning  as  defined  in
paragraph  (b)  of  subdivision one of section sixty-six-p of the public
service law; and
(vii)  "qualified  energy  storage  system"  has  the  same meaning as
defined in subdivision one of section seventy-four of the public service
law.
(b) The authority is authorized and directed, as deemed  feasible  and
advisable   by  its  trustees,  to  establish  a  program,  as  soon  as
practicable, to be known as the "renewable energy access  and  community
help program" or "REACH", that will enable low-income or moderate-income
end-use  electricity  consumers  in disadvantaged communities, including
such end-use electricity customers who reside  in  buildings  that  have
on-site  net-metered generation or who participate in a community choice
aggregation or community distributed generation project, unless they opt
out of REACH, to receive bill credits generated  by  the  production  of
renewable  energy  by  a  renewable  energy  system  planned,  designed,
developed,  financed,  constructed,  owned,  operated,   maintained   or
improved,  or  contracted  for  by  the  authority as a renewable energy
generating  project  pursuant  to  subdivision  twenty-seven-a  of  this
section.  Such  bill credits shall be in addition to any other renewable
energy program or any other program or benefit that end-use  electricity
consumers  in  disadvantaged  communities  receive. For purposes of this
subdivision, a renewable energy system developed, constructed, owned, or
contracted for by the authority shall be: (i) sized up to and  including
five   megawatts   alternating   current   and   interconnected  to  the
distribution system or transmission system in the service  territory  of
the  electric utility that serves the end-use electricity consumers that
receive bill credits; or (ii) sized  above  five  megawatts  alternating
current and interconnected to the distribution or transmission system at
one or more points anywhere within the state.
(c)  For  purposes  of implementing REACH, the authority is authorized
and directed, as deemed feasible and advisable by the trustees, to:
(i) pursuant to the authority provided in paragraph (a) of subdivision
twenty-seven-a of this section, develop, construct, own, and/or  operate
renewable energy generating projects;
(ii)  contract  for  the development, construction and/or operation of
renewable energy systems;
(iii) sell,  purchase,  and  otherwise  contract  regarding  renewable
energy, renewable energy credits or attributes and other energy products
and services generated by renewable energy generating projects; and
(iv)   enter  into  contracts  for  purposes  of  implementing  REACH,
including but not limited to  agreements  with  developers,  owners  and
operators   of   renewable   energy   systems,   and   agreements   with
jurisdictional  load  serving  entities  and  the  Long   Island   power
authority,  or  its  service  provider,  to  provide for bill credits to
end-use electricity consumers in disadvantaged communities for renewable
energy produced by renewable energy systems, upon terms  and  conditions
approved by the public service commission pursuant to subdivisions seven
and eight of section sixty-six-p of the public service law.
(d)  The  authority  shall  complete and submit a report, on or before
January thirty-first, two thousand twenty-five, and annually thereafter,
to the governor, the speaker of the assembly, the temporary president of
the senate, the minority leader of the assembly, and the minority leader
of the senate which shall be posted  on  the  authority's  website,  and
shall include, but not be limited to:
(i)  contracts  entered  into  by  the  authority for the development,
construction and/or operation  of  renewable  energy  systems  that  are

intended  in whole or in part to support REACH, and the planned location
of such projects;
(ii) renewable energy systems that are being planned and developed or
that  have  been  developed by or for the authority that are intended in
whole or in part to support REACH, and the location of such projects;
(iii) an estimate of the aggregate amount of bill credits provided  to
end-use electricity consumers in disadvantaged communities under REACH;
(iv)  an  estimate of: (A) the total amount of revenues generated from
the sale of renewable capacity, energy, renewable credits or attributes,
and related ancillary services that are used to fund bill  credits;  and
(B)  any  other  authority  funds,  as  determined  to  be  feasible and
advisable by the trustees, the authority has contributed for the purpose
of funding bill credits under REACH;
(v) the amount of energy produced by each facility; and
(vi) the kilowatt-hour sales by project.
(e) The authority may request from any department,  division,  office,
commission  or  other agency of the state or any state public authority,
and the same are authorized to provide, such  assistance,  services  and
data as may be required by the authority in carrying out the purposes of
this subdivision.
(f)  Within  one  year  of the effective date of this subdivision, the
authority shall issue a report to  the  governor,  the  speaker  of  the
assembly,  the temporary president of the senate, the minority leader of
the assembly, and the minority leader of the senate that  addresses  the
feasibility  and advisability of implementing a program similar to REACH
for  the  purpose  of  providing   bill   credits   to   low-income   or
moderate-income  end-use  electricity consumers located in disadvantaged
communities  in  the  service  territories  of  municipal   distribution
utilities and rural electric cooperatives located in New York state. The
authority  may  confer  with  any  municipal distribution utility or its
representatives,   and   any   rural   electric   cooperative   or   its
representatives,   and  may  request  from  any  municipal  distribution
utility,  rural  electric  cooperative,  department,  division,  office,
commission  or  other agency of the state or state public authority, and
the same are authorized to provide, such assistance, services  and  data
as may be required by the authority to complete the report.
(g)  Nothing in this subdivision shall be construed as authorizing any
private entity that  enters  into  a  public-private  partnership  or  a
similar agreement, or any contract authorized herein, with the authority
or an authority subsidiary, to receive, exercise or claim entitlement to
any of the privileges, immunities, tax exemptions or other exemptions of
the authority or any authority subsidiary.
27-c.  (a) Within two years of the effective date of this subdivision,
the authority shall publish a plan providing for the proposed phase out,
by December thirty-first, two thousand  thirty,  of  the  production  of
electric  energy from its small natural gas power plants. The plan shall
include a proposed strategy to replace,  where  appropriate,  the  small
natural  gas  power  plants with renewable energy systems, as defined in
section sixty-six-p of  the  public  service  law,  including  renewable
energy   generating   projects   authorized   pursuant   to  subdivision
twenty-seven-a of this section provided such projects shall be  included
in the strategic plan established pursuant to subdivision twenty-seven-a
of  this  section.  By  December  thirty-first, two thousand thirty, the
authority shall cease production of electricity at  each  of  its  small
natural  gas power plants should the authority determine that such plant
or plants, or the electricity production therefrom are  not  needed  for
any  of  the  following  purposes:  (i) emergency power service; or (ii)
electric system reliability, including but  not  limited  to,  operating

facilities  to  maintain  power system requirements for facility thermal
limits, voltage limits, frequency limits, fault current duty limits,  or
dynamic  stability  limits,  in  accordance  with the system reliability
standards  of  the  North  American  electric  reliability  corporation,
criteria of the northeast power coordinating council, rules of  the  New
York  state reliability council, and as applicable, reliability rules of
the utility in whose service territory a small natural gas  power  plant
is  located.  Notwithstanding any other provision of this paragraph, the
authority may continue to produce electric energy at any  of  the  small
natural  gas power plants if existing or proposed replacement generation
resources would result in  more  than  a  de  minimis  net  increase  of
emissions  of  carbon  dioxide  or  criteria  air  pollutants  within  a
disadvantaged community  as  defined  in  subdivision  five  of  section
75-0101  of the environmental conservation law. The authority shall file
deactivation notices with the federally designated electric bulk  system
operator  for  the  state  of  New  York  for  the  purpose  of  ceasing
electricity production from the small natural  gas  power  plants  in  a
timeframe   sufficient   to  facilitate  the  cessation  of  electricity
production pursuant to this paragraph.
(b) In determining whether to cease electricity  production  from  any
small  natural  gas  power  plant, the authority is authorized to confer
with the federally designated electric  bulk  system  operator  for  the
state, the New York state energy research and development authority, the
department  of  public  service,  and  the distribution utility in whose
service territory such  small  natural  gas  power  plant  operates,  in
addition  to  such  other stakeholders as the authority determines to be
appropriate. Determinations shall be on  a  plant  by  plant  basis,  be
updated  no  less  than  every two years, and be made publicly available
along with the supporting documentation on which the  determination  was
based.  In  making  such  determinations, the authority shall provide an
opportunity for public comment of not less than sixty days prior to  the
public  hearing  and  shall  hold  at  least  one  public hearing in the
affected community.
(c) Nothing in this subdivision is intended to, nor shall be construed
to, prohibit the authority in its discretion from using,  or  permitting
the  use  of,  including  through lease, sale, or other arrangement, any
small natural gas power plant or its site or  associated  infrastructure
in  whole  or in part for electric system purposes that does not involve
the combustion of fossil fuels, including, but not limited to  providing
system  voltage  support, energy storage, interconnection of existing or
new  renewable  generation,  or  the  use  of  the  generator  step   up
transformers  and  substations for transmission or distribution purposes
provided that such use, lease, sale, or other arrangement  shall  comply
with existing law.
(d)  For  purposes  of  this  subdivision, the term "small natural gas
power plant" or "plant" means each  of  the  seven  electric  generating
power plants owned and operated by the authority located at six sites in
Bronx,  Brooklyn,  Queens  and  Staten Island and one site in Brentwood,
Suffolk county, which each use  one  or  more  simple  cycle  combustion
turbine  units,  totaling  eleven units, fueled by natural gas and which
typically operate during periods of peak electric system demand.
27-d. Beginning in state fiscal  year  two  thousand  twenty-four--two
thousand  twenty-five,  the  authority is authorized, as deemed feasible
and advisable by the  trustees,  to  make  available  an  amount  up  to
twenty-five  million dollars annually to the department of labor to fund
programs established or implemented  by  or  within  the  department  of
labor,  including  but  not limited to the office of just transition and

programs for workforce training and retraining, to prepare  workers  for
employment for work in the renewable energy field.
28.  The  authority  may  establish  a  subsidiary corporation for the
purpose of forming a pure  captive  insurance  company  as  provided  in
section  seven  thousand  two  of the insurance law. The members of such
subsidiary corporation of  the  authority  shall  be  the  same  persons
holding  the  offices  of members of the authority. The employees of any
such subsidiary corporation, except those who are also employees of  the
authority, shall not be deemed employees of the authority.
29.  (a)  Notwithstanding any other provision of law, the authority is
authorized, as deemed feasible and advisable by the trustees,  to  enter
into  lease  agreements with other state instrumentalities and municipal
entities for the use of excess capacity in the authority's  fiber  optic
communications   infrastructure   to   provide   affordable,  high-speed
broadband in unserved and underserved communities in the state.
(b) Any excess fiber optic communication infrastructure leased out  by
the authority to a state instrumentality or municipal entity pursuant to
paragraph  (a) of this subdivision shall be at a rate that is no greater
than necessary to cover the cost of  maintenance  of  such  fiber  optic
communications  infrastructure,  provided  that this paragraph shall not
limit the authority from recovering other costs it incurs to  make  such
excess capacity available in unserved and underserved communities in the
state.
(c)  Lease  agreements  authorized  pursuant  to paragraph (a) of this
subdivision shall allow for further sublease  agreements  between  state
instrumentalities  and municipal entities and internet service providers
for the use of such fiber optic communications  infrastructure  for  the
purpose  of  providing  affordable, high-speed broadband in unserved and
underserved communities in the state.
(d) Lease agreements authorized pursuant  to  paragraph  (a)  of  this
subdivision,  and  sublease  agreements authorized pursuant to paragraph
(c) of this subdivision, shall be subject to review and comment  by  the
division  of  broadband  access  within  the  empire  state  development
corporation in consultation with the public service commission.
(e) Nothing in this subdivision  is  intended  to  limit,  impair,  or
affect  the  legal  authority  of  the  authority that existed as of the
effective date of this subdivision.
30.  To  establish  decarbonization  action  plans   for   state-owned
facilities  as  provided  for  in section ninety of the public buildings
law, and to consult, cooperate, and coordinate with any state entity, as
required or authorized in article four-D of the public buildings law.
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.