2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 9 - New York State Energy Research and Development Authority › 1854 - Purposes and Specific Powers of the Authority.

§  1854. Purposes and specific powers of the authority. * The purposes
of  the  authority  shall  be  to  develop  and  implement  new   energy
technologies  and invest in build-ready sites, as defined in subdivision
eight of section nineteen hundred one of this article,  consistent  with
economic,  social and environmental objectives, to develop and encourage
energy conservation technologies, to  promote,  develop,  encourage  and
assist in the acquiring, constructing, improving, maintaining, equipping
and  furnishing  of  industrial, manufacturing, warehousing, commercial,
research and industrial pollution control  facilities  at  the  Saratoga
Research  and Development Center, and to promote, develop, encourage and
assist special energy projects and thereby  advance  job  opportunities,
health,  general  prosperity  and  economic welfare of the people of the
state of New York. In carrying out such purposes, the  authority  shall,
with respect to the activities specified, have the following powers:
* NB Effective until December 31, 2030
* The  purposes of the authority shall be to develop and implement new
energy technologies consistent with economic, social  and  environmental
objectives,  to  develop and encourage energy conservation technologies,
to  promote,  develop,  encourage   and   assist   in   the   acquiring,
constructing,   improving,  maintaining,  equipping  and  furnishing  of
industrial,  manufacturing,  warehousing,   commercial,   research   and
industrial  pollution  control  facilities  at the Saratoga Research and
Development Center,  and  to  promote,  develop,  encourage  and  assist
special  energy  projects and thereby advance job opportunities, health,
general prosperity and economic welfare of the people of  the  state  of
New  York.  In  carrying  out  such  purposes, the authority shall, with
respect to the activities specified, have the following powers:
* NB Effective December 31, 2030
1. Research,  development  and  demonstration.  To  conduct,  sponsor,
assist and foster programs of research, development and demonstration in
new  energy  technologies  including  but  not  limited  to  (a)  energy
conservation, (b) production of power from new sources with emphasis  on
renewable  energy  sources  such as solar, wind, bioconversion and solid
waste, (c) storage of energy  with  emphasis  on  inertial  and  battery
storage,  (d)  conversion and/or technological improvement of facilities
now  utilizing  nuclear  fission   energy   and   fossil   fuel   energy
technologies,  (e)  transmission  and  distribution  of  power,  and (f)
conversion  of  energy  and  improvements  of   efficiencies   of   such
conversion,  including the power after assessing and taking into account
environmental considerations thereof, to  establish,  acquire,  operate,
develop and manage facilities therefor.
2.  The  provision  of  services. To provide services required for the
development and use of new energy technologies and  related  methods  by
the   industrial,  commercial,  medical,  scientific,  public  interest,
educational and governmental organizations within the  state,  including
the  power  to  establish,  acquire  and develop facilities therefor not
otherwise available within the state, and to  operate  and  manage  such
facilities.
3. Cooperation with gas and power companies. To contract with or enter
into  joint  undertakings  with  any  gas  or  power  company,  or power
authority of the state of New York, or more than one of them, to
(a) Participate in the construction and operation of  experimental  or
developmental  facilities  which implement new energy technologies which
have prospects of reducing the economic, environmental and social  costs
of energy production and utilization.
(b) Participate in the incorporation of features, including facilities
which  incorporate  new energy technologies, in nuclear power plants and
the construction of associated facilities to the extent required by  the

public interest in development, health, recreation, safety, conservation
of natural resources and aesthetics.
(c) Participate in the incorporation of features, including facilities
which  incorporate  new energy technologies, in fossil fuel power plants
and the construction of associated facilities to the extent required  by
the   public   interest  in  development,  health,  recreation,  safety,
conservation of natural resources and aesthetics.
(d) Participate in the construction of facilities to be used  for  the
furnishing  of  electric  energy  or  gas  to the extent required by the
public interest in development, health, recreation, safety, conservation
of natural resources and aesthetics.
(e) Develop, prepare, and furnish  by  sale  or  lease  real  property
owned,  held,  or  acquired by the authority within the state to be used
for the construction and operation of generating facilities based on new
energy technologies  and  related  facilities,  provided  that  no  such
contract  or  joint venture shall be entered into which shall permit the
authority to distribute or sell any power or energy  to  any  person  or
entity  other  than  the  other  contracting  party  or parties or joint
venturer or venturers, and provided further that all  power  and  energy
received  by  power  authority of the state of New York, pursuant to any
such contract or joint venture, shall be distributed and  sold  only  to
such  persons as power authority of the state of New York may sell power
pursuant to law.
4. Water desalination. To contract with one or more water distribution
companies or agencies to participate in the construction  and  operation
of  power  generating  facilities  for  the  purpose  of desalination or
distribution of water, and to develop, prepare, and furnish by  sale  or
lease, real property owned, held or acquired by the authority within the
state  to  be used for the construction and operation of such facilities
and facilities related thereto, provided that the  authority  shall  not
enter  into  any  such contract relating to any such facility which also
produces electric power for purposes of sale unless the  authority  also
contracts  with  one  or  more  power  companies  with  respect  to  the
construction and operation of such facility and the distribution and use
of such power.
5. The dissemination of information.  To  accumulate  and  disseminate
information   relating   to  the  development  and  use  of  new  energy
technologies and energy conservation technologies, including  the  power
to  conduct, sponsor, assist and foster studies and surveys, and publish
the results thereof.
6. (a) To continue,  modify,  amend,  or  terminate  such  contractual
agreements  as may be in force at the effective date of this subdivision
with regard to the Western New  York  Nuclear  Service  Center  and  the
Saratoga  Research  and Development Center, or take such other action as
the authority may deem necessary or appropriate  with  respect  to  such
Centers  in the furtherance of the public interest in safe, reliable and
economical energy supplies or protection of public health and safety and
the environment.
(b) (i) Notwithstanding the provisions of any general or  special  law
to  the  contrary,  the  director  of  the  budget  and the chair of the
authority are  each  authorized  to  enter  into  one  or  more  service
contracts,  and  to  amend  or supplement any existing service contract,
with respect to programs, projects,  and  activities  of  the  authority
pursuant  to  this  subdivision,  upon such terms as the director of the
budget and the chair of the authority  may  agree,  including,  but  not
limited  to,  provisions  relating  to the respective obligations of the
state and the authority  with  respect  to  administration,  management,
maintenance,  and  use  of  the  real  property  at the Western New York

Nuclear Service Center held  by  the  authority,  design,  construction,
modification,  operation,  and  maintenance  of  facilities thereon, and
implementation of  programs,  projects,  or  activities  to  improve  or
correct  conditions  thereon,  including,  but  not limited to, the West
Valley demonstration project, and provisions providing for  the  payment
of  (A)  all fees and charges of, and expenses and other non-asset costs
of financing incurred by, the authority in connection with the  issuance
and  administration  of  special obligation bonds or notes to pay for or
reimburse the state with respect to  such  actions,  and  (B)  all  debt
service  payments  on  such bonds and notes. Provided, however, that the
aggregate net proceeds of any such bonds or notes issued, excluding  any
bonds or notes issued for the purpose of refunding other bonds and notes
issued under this subdivision, shall not exceed the aggregate of amounts
appropriated  for  such  actions  in  the state fiscal year ending March
thirty-one, nineteen hundred ninety-three  and  any  state  fiscal  year
thereafter  up  to  and  including  the  state  fiscal year ending March
thirty-first, nineteen hundred ninety-nine, not including amounts to  be
applied  to  the  payment of all fees and other charges of, and expenses
and other non-asset costs of financing incurred  by,  the  authority  in
connection with the issuance and administration of such bonds and notes;
and, capitalized interest and debt service reserve funds established for
such  bonds or notes and the acquisition of insurance, letters of credit
or  other  credit  enhancement  or  liquidity  facilities  obtained   in
connection with such bonds or notes.
(ii)  Of  the  moneys  expended from appropriations made for the legal
requirements of the state debt service and lease purchase  payments  and
other  special contractual obligations, for payment to the authority for
payment of principal and interest on bonds issued to finance  activities
at  the  Western New York Nuclear Service Center pursuant to one or more
service contracts between the state and the authority, an amount not  to
exceed  the  amount of such payment as determined by the director of the
budget shall be reimbursed to the comptroller according  to  a  schedule
determined  by  the  director  of the budget, for deposit in the general
debt service fund, by the authority.
(iii) Any such contract entered into pursuant to subparagraph  (i)  of
this  paragraph  shall  not  exceed  thirty  years in duration and shall
provide that the obligation of the state to fund or to pay  the  amounts
therein provided for shall not constitute a debt of the state within the
meaning of any constitutional or statutory provision and shall be deemed
executory  only  to  the extent of moneys available therefor and that no
liability shall be incurred by the state beyond the moneys available for
such  purpose,  and  that  such  obligation   is   subject   to   annual
appropriation by the legislature.
(iv)  Any  such contract or any payments made or to be made thereunder
may be assigned and pledged by the authority as security for  its  bonds
and  notes  issued  to  pay  for  or reimburse the state with respect to
actions undertaken pursuant to this subdivision.
(v) The comptroller is authorized to receive from  the  authority  any
portion  of  proceeds of special obligation bonds or notes issued to pay
for or reimburse the state with respect to actions  undertaken  pursuant
to  this  subdivision and to credit such amounts to the capital projects
fund or any other appropriate fund.
7. To advise the legislature of recommendations for  implementing  new
energy  technologies  and  energy  conservation measures, annually or so
often as the authority shall deem appropriate.
8. Special energy projects. (a) To extend credit and make  loans  from
bond   proceeds   to  any  person  for  the  construction,  acquisition,
installation,  reconstruction,  improvement,   maintenance,   equipping,

furnishing  or  leasing  of  any  special  energy  project  or  for  the
reimbursement to any person for costs  incurred  in  connection  with  a
special  energy  project  completed or not completed at the time of such
credit  or loan, which credits or loans may, but need not, be secured by
mortgages, contracts, leases or other instruments, upon such  terms  and
conditions  as  the  authority  shall determine reasonable in connection
with such credits or loans.
(b) In  the  exercise  of  powers  granted  in  paragraph  a  of  this
subdivision  in  connection  with any special energy project, to require
the inclusion in any contract, lease, loan agreement or other instrument
of such provisions for the financing of  such  project  and  such  other
financial  or  other  covenants  as  the authority may deem necessary or
desirable and to do all things and to execute all instruments  necessary
and  desirable  in  connection  therewith;  provided,  however,  that no
contract, lease, loan agreement or other agreement entered into  by  the
authority   in  furtherance  of  this  authorization  shall  permit  the
authority to distribute or sell any power or energy to any person  other
than a contracting party.
10.  To  coordinate the state's administration of any energy or energy
resource programs of the federal government, including but  not  limited
to   those   concerned  with  conservation,  allocation,  management  or
education, and to formulate and from time to time revise a state  energy
conservation  plan to be submitted pursuant to the federal Energy Policy
and Conservation Act of 1975 last amended by Pub. L. 102-486,  Title  I,
§123(a).
10-a.  (a) To administer the air pollution mitigation fund established
pursuant  to  section  ninety-nine-g  of  the  state  finance  law   and
consisting  of  moneys  collected by the public service commission as an
air pollution mitigation offset pursuant to subdivision two  of  section
sixty-six-k of the public service law.
(b)  To disburse moneys from such fund for the following purposes: (i)
to reduce acid  precipitation  through  energy  efficiency,  or  through
public  benefit research and development, including, but not limited to,
renewable energy; or (ii) the monitoring of, or research related to, the
impact of acid precipitation deposition.
(c) To establish guidelines pertaining to  the  allocation  of  moneys
from such fund.
11.  To  advise  and  assist  the  governor and the legislature in the
development and implementation of state policies relating to energy  and
energy resources.
12.  To  require  and  receive  from  any  agency  of the state or any
political subdivision thereof assistance and data.
13. To act as a central repository and clearinghouse  for  information
on  all  energy  and  energy resource related matters including, but not
limited to, the availability and use of the most  energy  efficient  and
environmentally  sensitive  outdoor  lighting  available  for public and
private uses.
14. To apply for and to administer federal  research  and  development
grants and other monies for the benefit of consumers.
15.  To  prepare  an integrated resource plan specifying actions to be
taken in the event of the declaration by the governor of  an  energy  or
fuel supply emergency pursuant to section 5-117 of the energy law.
16.  To  promulgate  energy  use standards after consultation with the
commissioner of the office of general services for the purchase,  lease,
use or maintenance of state buildings and equipment.
17.  To  implement  the provisions of sections 5-108, 5-111, 5-113 and
5-117 of article five and articles six, seven,  eight  and  ten  of  the
energy law.
18.  To  provide  for  the deposit of all or a portion of the proceeds
collected by  the  authority  from  the  auction  or  sale  of  emission
allowances  allocated by the department of environmental conservation to
the authority pursuant to  regulations  adopted  by  the  department  of
environmental  conservation  to  a  green jobs-green New York fund to be
established in the custody of the commissioner of taxation and  finance.
The  monies in such fund shall be available for the green jobs-green New
York program pursuant to title nine-A of article eight of this chapter.
19. To, on  its  own  or  through  a  qualified  entity,  directly  or
indirectly, and in consultation with the department of public service:
(a) develop and administer a generation attribute tracking system that
records generation attribute information within the state, and processes
generation  attribute  information from energy outside the state that is
imported to and consumed within the  state,  as  a  basis  for  creating
generation attribute certificates;
(b) assign initial ownership of generation attribute certificates;
(c)  provide  for the transfer or conveyance, ownership and retirement
of generation attribute certificates;
(d) obtain  generation,  delivery  and  consumption  information  from
independent  system operators, generators, public utility companies, and
retail  load-serving   entities   producing,   delivering   or   selling
electricity  in  the  state,  including,  but  not limited to, "electric
corporations" as defined under subdivision thirteen of  section  two  of
the  public service law, "cooperatives" as defined under subdivision (a)
of section two of the rural electric cooperative law, and any  publicly-
or  municipally-owned  utilities,  including  the power authority of the
state of New York and the Long Island power authority, deemed  necessary
by  the  authority  to  verify  or  supplement such generation attribute
tracking system;
(e) facilitate participation in, and use of, such generation attribute
tracking system by buyers, sellers  and  brokers  with  respect  to  the
ownership,   transfer   or  conveyance,  and  retirement  of  generation
attribute certificates; and
(f) perform such additional activities as may be deemed  necessary  by
the   authority  to  ensure  cooperation  and  the  smooth  exchange  of
information among and between the generation attribute  tracking  system
and similar systems within or outside the state.
20. To administer a program, using funds provided for such purpose, to
provide  a  grant  based  on standards and guidelines established by the
authority for costs as follows:
(a) for each retail outlet that is in operation  before  April  first,
two  thousand  fourteen  and is subject to the requirements of paragraph
(a) of subdivision three of section  one  hundred  ninety-two-h  of  the
agriculture and markets law:
(i)  no  greater  than  ten  thousand dollars required to prewire such
retail outlet with an appropriate transfer switch for using an alternate
generated power source as defined in section one hundred ninety-two-h of
the agriculture and markets law; or
(ii) no greater than thirteen thousand  dollars  required  to  prewire
such  retail  outlet  with  an  appropriate transfer switch for using an
alternate generated power source  as  defined  in  section  one  hundred
ninety-two-h  of the agriculture and markets law and purchase such power
source to be permanently affixed at the site.
(b) for each retail outlet that is in operation  before  April  first,
two  thousand  fourteen  and is subject to the requirements of paragraph
(b) of subdivision three of section  one  hundred  ninety-two-h  of  the
agriculture  and  markets  law,  no  greater  than  ten thousand dollars
required to: (i) prewire an existing retail outlet with  an  appropriate

transfer switch for using an alternate generated power source as defined
in  section one hundred ninety-two-h of the agriculture and markets law;
and/or (ii) purchase such power source to be permanently affixed at  the
site.
(c)  to the extent funds are available, for retail outlets that become
operational on or after April first, two thousand fourteen, or to  which
subdivision  two  of section one hundred ninety-two-h of the agriculture
and markets law becomes applicable after  the  effective  date  of  this
subdivision,  which  grants  shall  otherwise  be  subject  to  the same
amounts, purposes and restrictions as paragraphs (a)  and  (b)  of  this
subdivision.
(d)  to  the  extent  funds  are  available,  for  retail outlets that
voluntarily apply before April  first,  two  thousand  fifteen  and  are
located  on  a  strategic upstate highway as defined in paragraph (e) of
this subdivision or within one-half mile by  road  measurement  from  an
exit  road  on a strategic upstate highway, in such amounts and for such
purposes as set forth in subparagraphs (i) and (ii) of paragraph (a)  of
this subdivision.
(e) "Strategic upstate highway" means the following:
(i) I-87 beginning at the Rockland-Orange county line thence northerly
passing  through  or  in the vicinity of Albany to the intersection with
I-90, the foregoing route being a portion of the New York state thruway;
thence continuing northerly to the New York-Canada border;
(ii) I-90 beginning at I-87 in the vicinity of Albany thence  westerly
passing  through  or  in  the  vicinity of Schenectady, Utica, Syracuse,
Rochester, and Buffalo;  thence  continuing  southwesterly  to  the  New
York-Pennsylvania border, the foregoing route being a portion of the New
York state thruway;
(iii) the Berkshire section of the New York state thruway beginning at
I-87  thence  easterly  to  the intersection with I-90 and continuing on
I-90 to the New York-Massachusetts border;
(iv) I-84 beginning at the New York-New Jersey border thence  easterly
passing  through  or  in  the  vicinity  of  Newburgh, thence continuing
easterly and southeasterly to the New York-Connecticut border;
(v) I-88 beginning at  I-81  in  the  vicinity  of  Binghamton  thence
northeasterly to I-90 in the vicinity of Schenectady;
(vi) I-86/State Route 17 beginning at I-87 in the vicinity of Woodbury
thence  westerly and northwesterly passing through or in the vicinity of
Binghamton,   Elmira,   and   Jamestown,   continuing   to    the    New
York-Pennsylvania border;
(vii)  I-81  beginning  at  the  New  York-Pennsylvania  border thence
northerly passing through or in the vicinity of Syracuse and  Watertown,
continuing to the New York-Canada border;
(viii)  I-390  beginning  at  I-86  in  the  vicinity  of Avoca thence
northwesterly and northerly to I-490 in the vicinity of Rochester; and
(ix) I-190 beginning at  I-90  in  the  vicinity  of  Buffalo,  thence
westerly,  northwesterly,  and  northerly  through Buffalo, across Grand
Island, the foregoing route being  a  portion  of  the  New  York  state
thruway,  and  thence  generally  westerly  to  the United States-Canada
border in the vicinity of Lewiston.
The authority may offer any funds provided for such  purpose  and  not
expended  to  retail  outlets  that  are  not included in paragraphs (a)
through (d) of this subdivision but that voluntarily seek to participate
in such program.
21. To administer a program to establish  a  pool  of  generators  for
retail  outlets  as  defined  in section one hundred ninety-two-h of the
agriculture and markets law. The authority may enter into or  facilitate
contracts,  lease  agreements  and  any other instruments subject to the

provisions of law, with companies  providing  generators  and  generator
services to provide for such pool and the deployment and installation of
generators  in the pool. Retail outlets that elect to participate in the
program  and  are  subject  to  the  requirements  of  paragraph  (a) of
subdivision three of section one hundred ninety-two-h of the agriculture
and markets law shall be  required  only  to  pay  the  actual  cost  of
generator   rental,  deployment  and  installation  in  the  event  that
emergency deployment is required,  provided,  that  a  participant  must
abide  by  the  terms  of any contract or written agreement covering the
rental, deployment and installation of such generator. In the event that
an insufficient number of  generators  is  available  to  meet  required
emergency   deployment,   the   authority   in   consultation  with  the
commissioner  of  homeland  security  and   emergency   services   shall
prioritize  such  retail  outlets as are most essential to public safety
and  well-being  during  the  energy  or  fuel  supply  emergency.  When
generators  from  such program are deployed, the authority shall provide
public notice on its website, to  the  media  and  through  other  means
practicable of those retail outlets where generators are deployed.
22.  To administer a program to provide technical assistance to school
districts, school bus fleet operators and public transportation  systems
on  managing  zero-emission  vehicle  fleets and the charging or fueling
infrastructure for such zero-emission vehicle fleets.
23. No later than December thirty-first, two thousand twenty-five, and
annually  thereafter,  the  authority  shall  issue  a  report  on   the
availability  of  zero-emission  school  buses  and  charging or fueling
infrastructure that meet the criteria established in subdivision two  of
section  thirty-six  hundred  thirty-eight  of  the  education  law. The
authority shall provide technical assistance to school  districts,  upon
request,  in  pursuing  state  and  federal  grants  and  other  funding
opportunities to support the purchase and contracting  requirements  set
forth  in  subdivision two of section thirty-six hundred thirty-eight of
the education law.
24. All revenues generated pursuant to regulations or actions taken by
the department, the authority or any other  state  entity,  pursuant  to
sections  75-0107  and  75-0109  of  the environmental conservation law,
shall be placed into a segregated authority funding account, established
pursuant to section eighteen hundred fifty-nine of this title, prior  to
programmatic  or  administrative allocation, and shall not be commingled
with other authority funds.
25.  Within  thirty  days  following  receipt  of  revenues  generated
pursuant  to  regulations  or  actions  taken  by  the  department,  the
authority or any other state entity pursuant  to  sections  75-0107  and
75-0109  of the environmental conservation law, the authority shall make
the following transfers from such segregated authority funding account:
(a) Not less than thirty percent to the New York climate  action  fund
consumer   climate   action  account  established  pursuant  to  section
ninety-nine-qq of the state finance law;
(b) Up to three percent to the New York climate action fund industrial
small business climate action account established  pursuant  to  section
ninety-nine-qq of the state finance law; and
(c)  Not  less than sixty-seven percent to the New York climate action
fund  climate  investment  account  established  pursuant   to   section
ninety-nine-qq of the state finance law.
26.  Climate  affordability study. The authority and the department of
environmental conservation, in consultation with  the  division  of  the
budget, the department of public service, and the department of taxation
and   finance,   shall   conduct   a  study  and  issue  a  report  with
recommendations for the  use  of  moneys  transferred  to  the  consumer

climate action account established pursuant to section ninety-nine-qq of
the  state finance law. Such report shall be guided by the final scoping
plan  prepared  pursuant  to  section  75-0103  of   the   environmental
conservation  law  and shall consider, among other things: (a) structure
and distribution of benefits in  an  equitable  manner,  accounting  for
potential   disproportionate   impacts   to  low-income  households  and
disadvantaged communities; (b) implementation of a variety of mechanisms
to meet the varied needs of the people of the state, which  may  include
direct  payments,  tax credits, transit vouchers, utility assistance, or
other financial  benefits  that  are  reasonable  and  practicable;  (c)
financial  benefits  that ensure that individuals receiving means-tested
government assistance receive benefits that will not  constitute  income
for  purposes  of  any such means-tested government assistance programs;
and (d) benefit programs that limit the administrative  effort  required
of  recipients.  Such  study shall be completed by the first of January,
two thousand twenty-four, and shall be delivered to the governor and the
legislature.
In exercising the powers granted by this title, the  authority  shall,
insofar   as   practicable,   cooperate  and  act  in  conjunction  with
industrial,  commercial,  medical,  scientific,  public   interest   and
educational  organizations  within  the  state, and with agencies of the
federal government, of the state  and  its  political  subdivisions,  of
other states, and joint agencies thereof.
In  carrying  out  its corporate purposes and in exercising the powers
granted by this title, the authority shall be regarded as performing  an
essential governmental function.