N.Y. Economic Development Law § 184: Criteria for eligibility for economic development power

§ 184. Criteria for eligibility for economic development power. Each

application for an allocation of economic development power shall be

evaluated under criteria adopted by the board. Such criteria shall

address, but need not be limited to:

(a) the number of new jobs created as a result of an economic

development power allocation;

(b) the applicant's long-term commitment to New York state, as

evidenced by the applicant's current and/or planned capital investment

in business facilities in New York state;

(c) the ratio of the number of jobs to be created to the amount of

economic development power requested by the applicant;

(d) the types of jobs created, as measured by wage and benefit levels,

security and stability of employment;

(e) the type and cost of buildings, equipment and facilities to be

constructed, enlarged or installed;

(f) the extent to which economic development power will affect the

overall productivity or competitiveness of the applicant's business and

its existing employment within the state;

(g) the extent to which an allocation of economic development power

may result in a competitive disadvantage for other businesses in the

state;

(h) the general economic conditions and economic distress in the area

in which the applicant's business facility would be located and the

extent to which economic development power could contribute to the

alleviation of such distress;

(i) 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;

(j) the extent of the applicant's 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 applicant's willingness to satisfy affirmative action goals;

(k) the extent to which an allocation of economic development 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

(l) the impact of the allocation on the operation of any other

facilities of the applicant, on other businesses within the state, and

upon other electric ratepayers.