New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter IX - New York State Economic Development Power Allocation Board › Part 370 - Procedures For Allocation Of Economic Development Power › Section 370.5 - Requirements and criteria for economic development power allocations

Current through Register Vol. 46, No. 28, July 10, 2024
Applications for economic development power allocations shall
				  be evaluated by the board according to the following requirements and
				  criteria.
(a) Requirements and
				criteria relating to power allocations for economic development purposes. Each
				application for an economic development power allocation for economic
				development purposes must demonstrate to the board compliance with the
				following requirements:
(1) compliance with
				any statutory, license or contractual criteria applicable to the power
				available;
(2) the requested power
				would serve new electrical demand at a facility at which new jobs would be
				created; and
(3) the requested
				allocation, if approved, would result in the business in question having a
				normal minimum peak electric demand of at least 400 kilowatts.
Such applications shall be evaluated by the board according
				  to the following criteria:
(i) the
				number of new jobs created as a result of the proposed economic development
				power allocation;
(ii) the proposed
				recipient's long-term commitment to New York State, as evidenced by the
				proposed recipient's current and/or planned capital investment in business
				facilities in New York State;
(iii)
				the ratio of the number of jobs to be created to the amount of the proposed
				economic development power allocation;
(iv) the types of jobs created, as measured
				by wage and benefit levels, security and stability of employment;
(v) the type and cost of buildings, equipment
				and facilities to be constructed, enlarged or installed;
(vi) the extent to which the proposed
				economic development power allocation will affect the overall productivity or
				competitiveness of the proposed recipient's business and its existing
				employment within the State;
(vii)
				the extent to which the proposed economic development power allocation may
				result in a competitive disadvantage for other businesses in the
				State;
(viii) the general economic
				conditions and economic distress in the area in which the proposed recipient's
				business facility would be located and the extent to which the proposed
				economic development power allocation could contribute to the alleviation of
				such distress;
(ix) 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;
(x) the extent of the proposed recipient's
				willingness to make jobs available to persons defined as eligible for services
				under the Federal Job Training Partnership Act of 1982 and the extent of the
				proposed recipient's willingness to satisfy affirmative action goals;
(xi) the extent to which the proposed
				economic development power allocation 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
(xii) the impact of the proposed economic
				development power allocation on the operation of any other facilities of the
				applicant, on other businesses within the State, and upon other electric
				ratepayers.