2023 New York Laws › COM - Economic Development Law › Article 6 - New York State Economic Development Power Allocation Board › 187 - Economic Development Power Allocations.

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the uncontracted for portion of the bulk allocation shall be withdrawn.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