2023 New York Laws › COM - Economic Development Law › Article 6-A - Western New York Power Proceeds Allocation Act › 189-C - General Powers and Duties of the Board.

§  189-c.  General  powers and duties of the board. 1. The board shall
  establish procedures and guidelines relating to the  activities  of  the
  board.
2.  The  board  shall establish procedures through written policies or
  standards for reviewing applications for an allocation of fund  benefits
  that  shall  include  a  review  of applications no less frequently than
  twice each year. The board, or a member designated by the  board,  shall
  receive  all applications from, or on behalf of, eligible applicants for
  fund benefits.  Applications  shall  be  in  a  form  and  contain  such
  information,  data  and  exhibits as the board, in consultation with the
  authority, may prescribe.
3. The board may  request  from  the  authority  an  analysis  of  any
  application  along  with any recommendations. In addition, the authority
  shall supply any such additional information as is reasonably  necessary
  for the board to perform its duties.
4.  In  reviewing  applications for fund benefits, the board shall use
  the criteria for eligibility for expansion, replacement and preservation
  power and for revitalization of industry  as  provided  in  section  one
  thousand  five  of  the  public  authorities law. In addition, the board
  shall consider the  extent  to  which  an  award  of  fund  benefits  is
  consistent with any regional economic development council strategies and
  priorities  having  responsibility  for the region in which the eligible
  project is located. The board shall issue a  written  statement  of  its
  findings and recommendations for each application reviewed.
5.  The  board shall recommend to the authority the allocation of fund
  benefits to eligible projects that the board finds are  consistent  with
  the  applicable  criteria in subdivision four of this section. The board
  may include  within  its  recommendations  such  recommended  terms  and
  conditions  as  it  deems  appropriate,  including,  but not limited to,
  reasonable provision for the allocation of fund benefits  over  time  as
  the  eligible  applicant achieves milestones towards project completion,
  the partial or complete withdrawal or return of fund benefits where  the
  recipient  has  failed  to  achieve  or  maintain  mutually  agreed upon
  commitments, or such other terms  and  conditions  as  the  board  deems
  advisable.  The board shall not recommend an allocation of fund benefits
  prior to establishing procedures for reviewing applications pursuant  to
  subdivision two of this section.
6. A recommendation by the board that an eligible applicant receive an
  allocation  of fund benefits shall be a prerequisite to an award of fund
  benefits by the authority. The authority shall award fund benefits to an
  applicant upon a recommendation of the board;  provided,  however,  that
  upon  a showing of good cause, the authority shall have discretion as to
  whether to adopt the board's recommendation, or to award benefits  in  a
  different  amount  or  on  different  terms  and  conditions  than those
  contained in the  recommendation  of  the  board.  Allocations  of  fund
  benefits  shall only be made on the basis of net earnings that have been
  deposited in the western New York economic development fund. No award of
  fund benefits shall encumber future net earnings or  net  earnings  that
  have  been  received  but not deposited in the western New York economic
  development fund.
7. Upon making an allocation of fund  benefits,  the  authority  shall
  include  within  the  agreement  providing  for the terms and conditions
  applicable to such allocation all terms  and  conditions  the  authority
  deems  appropriate,  taking into account the recommendations made by the
  board.