N.Y. Economic Development Law § 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the uncontracted for portion of the bulk allocation shall be withdrawn.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.