N.Y. Public Authorities Law § 1005: Powers and duties of authority

§ 1005. Powers and duties of authority. Forthwith upon the appointment

and organization of the trustees and subject to the conditions and

limitations in this title contained, the authority, in cooperation with

the proper Canadian authorities and those of the United States as

hereinafter directed, shall proceed with the improvement and development

of the Niagara river and the international rapids section of the Saint

Lawrence river (which is defined as that part of the said river from

Ogdensburg to the point where it leaves the territory of this state) for

the aid and benefit of commerce and navigation and for the development

of the hydroelectric power inherent therein in accordance with the

provisions of this title.

The authority is authorized to procure through a competitive

solicitation process power and energy from the competitive market and to

construct, improve and/or rehabilitate throughout its area of service

(a) such hydroelectric or energy storage projects, as it deems necessary

or desirable to contribute to the adequacy, economy and reliability of

the supply of electric power and energy or to conserve fuel and (b) such

base-load nuclear generating facilities or other facilities utilizing

new energy technologies as in its judgment are necessary (i) to supply

sufficient supplemental energy to make possible optimum use of the

generating capacity of the authority's Saint Lawrence and Niagara

hydroelectric projects, (ii) to supply low cost power and energy to high

load factor manufacturers which will build new facilities in the

authority's area of service or expand existing facilities provided such

power and energy is made available to them, and (iii) to supply the

future needs of the authority's existing municipal electric and rural

electric cooperative customers.

The authority is further authorized to construct and/or acquire and

complete such base load generating, transmission and related facilities

as it deems necessary or desirable to assist in maintaining an adequate

and dependable supply of electricity by supplying power and energy for

the metropolitan transportation authority, its subsidiary corporations,

the New York city transit authority, the port authority of New York and

New Jersey, the city of New York, the state of New York, the United

States, other public corporations and electric corporations within the

metropolitan area of the city of New York within the state of New York;

provided, however, that (i) the acquisition of completed or partially

completed facilities shall be after public hearing and shall be limited

to facilities located in New York city or Westchester county and the

energy and power generated by such facilities shall be used, to the

extent feasible, for the benefit of electric consumers in that area,

(ii) not more than one such generating facility shall be acquired in

each of New York city and Westchester county, (iii) the price to be paid

pursuant to any agreement entered into with respect to the purchase,

appropriation or condemnation of any such completed or partially

completed facility, as the case may be, shall be subject to the approval

of the state comptroller and (iv) transmission facilities shall not be

so acquired pursuant to this paragraph unless such acquisition is

necessary to assure delivery of power and energy produced by any

acquired generating facility. The authority is further authorized, to

the extent it deems it necessary or desirable, to provide power and

energy, as it may determine it to be available, for the use by the

Niagara frontier transportation authority or its subsidiary corporation.

The authority is authorized to make energy efficiency services, clean

energy technologies and, in the event that supplies of power and energy

are determined to be available from the competitive market for this

purpose, power and energy, available to public and nonpublic elementary

and secondary schools throughout the state.

A high load factor manufacturer is one which normally utilizes a

minimum electric demand of five thousand kilowatts and which will

normally utilize energy at the rate of approximately five hundred forty

kilowatt hours per month for each kilowatt of demand and of which the

cost of electricity normally represents at least seven and one-half

percent of its total product value.

The authority shall publish notice of any proposed allocation of firm

power and associated energy except such allocations as are subject to

the provisions of section one thousand nine of this chapter, at least

thirty days prior to the delivery of any energy pursuant thereto, which

notice shall, in the case of industrial allocations, document actions by

the authority pertaining thereto including solicitation for competing

proposals. In addition, such notice shall be transmitted to the

temporary president of the senate, the speaker of the assembly, and the

respective fiscal committees of the legislature.

Notwithstanding any inconsistent provision of law, the authority is

authorized to enter into contracts prior to July first, nineteen hundred

eighty-five to allocate a total of not more than thirty-six megawatts of

power and associated energy, available for allocation as a result of

voluntary relinquishment by high load factor manufacturers, of such

power and associated energy from base load nuclear generating facilities

of the authority, to furnish electricity to no more than three customers

which: (a) are located in the southeastern portion of the state; (b)

will build new facilities and/or expand existing facilities; (c) will

expand employment and investment in the state; and (d) will normally

utilize a minimum peak electrical demand of one thousand kilowatts.

The authority is further authorized to construct such generating,

transmission and related facilities within the service area of the Long

Island power authority, as the authority, in consultation with and upon

such terms and conditions as the Long Island power authority, deems

necessary or desirable.

Periodically, but no less often than annually, the authority is

authorized and directed to identify the net revenues produced by the

sale of expansion power and further to identify an amount of the net

revenues from the sale of expansion power which amount shall be used

solely for industrial incentive awards. Notwithstanding other lawful

purposes for which such revenues may be used, it shall be the preferred

purpose of the authority to make available all such net revenues for

industrial incentive awards. Provided, however, that industrial

incentive awards shall be made only in conformance with an economic

development plan covering all such net revenues which is submitted no

less often than annually by the authority and approved pursuant to

section one hundred eighty-eight of the commerce law. For purposes of

this paragraph, the term net revenues shall mean any excess of revenues

properly allocated to the sales of expansion power over costs and

expenses properly allocated to such sales.

Notwithstanding any inconsistent provision of this title, the

authority shall make available all economic development power for

allocation to or for businesses whose allocation of such power is

recommended by the New York state economic development power allocation

board pursuant to section one hundred eighty-seven of the commerce law.

If the authority declines to make power available to or for a business

whose allocation has been so recommended, the authority shall decline

within the period specified by the board in its recommendation and shall

issue in writing a statement of reasons for such denial.

a. Economic development power shall mean any power generated at the

Fitzpatrick nuclear project that is voluntarily relinquished by

businesses.

b. The authority shall report quarterly to the New York state economic

development power allocation board on the anticipated availability of

economic development power for the subsequent twelve-month period.

c. When the authority determines that economic development power is

available, the authority shall notify the New York state economic

development power allocation board.

d. The authority shall provide for the sale of power from the

Fitzpatrick nuclear project to its industrial, business, and economic

development power customers at a uniform non-discriminatory rate.

The authority is further authorized, as deemed feasible and advisable

by the trustees, to acquire, maintain, manage, operate, improve and

reconstruct as a project or projects of the authority one or both of the

steam generation facilities owned by the state known as the Sheridan

avenue steam generating plant on Sheridan avenue in the city of Albany

and used to supply steam to state facilities, together with any

properties, buildings and equipment at the sites thereof or ancillary

thereto, for the generation and sale of thermal energy and the

cogeneration and sale of electricity for use by facilities of the state

within the county of Albany. All the authority's costs, including its

acquisition, capital, operating and maintenance costs, shall be

recovered fully from the customers receiving service from such project

or projects. Thermal energy and electricity not required by the state

may be sold by the authority to others. The authority is not authorized

to use refuse or refuse-derived fuel in operating the project or

projects. Any agreement for such acquisition shall insure that the

authority is not liable or otherwise responsible for circumstances

arising from the prior operation of such facilities. The acquisition and

purchase of such land, buildings and equipment by the authority, and any

actions taken to effect such acquisition and purchase, are hereby exempt

from the provisions of article eight of the environmental conservation

law. The application of such exemption shall be strictly limited to the

acquisition and purchase of such land, buildings and equipment by the

authority and such agreements with the state. Nothing herein shall

exempt the authority from otherwise applicable laws respecting the

expansion, conversion, operation and maintenance of such land, buildings

and equipment.

The authority is authorized and directed:

1. To cooperate with the appropriate agencies and officials of the

United States government to the end that any hydroelectric project on

the Niagara or Saint Lawrence rivers undertaken under this title shall

be consistent with and in aid of any plans of the United States for the

improvement of commerce and navigation along such rivers and shall be so

planned and constructed as to be adaptable to the plans of the United

States therefor, so that the necessary channels, locks, canals, and

other navigational facilities may be constructed and installed by the

United States, in, through, and as part of such project.

2. To negotiate with the appropriate Canadian authorities and agencies

respecting the improvement and development of the Niagara river, and

international rapids section of the Saint Lawrence river for the aid and

benefit of commerce and navigation and the development of hydro-electric

power therefrom, and to plan and agree with them upon cooperative action

to that end including any shifting of international boundary lines

between Canada and the United States and upon the use, control and

disposition of the facilties to be created and the hydro-electric power

to be developed by any project constructed in such rivers. Such

negotiations and agreements shall be conducted and concluded with due

regard to the position of the United States in respect to international

agreements, and any such agreements as may be reached with Canadian

authorities or agencies may be submitted by the authority to congress

for its approval, if it be advised that such approval is necessary or

desirable.

3. To apply to the appropriate agencies and officials of the United

States government and/or of Canada or its provinces, including the

federal power commission, the atomic energy commission, and the

international joint commission, for such licenses, permits or approval

of its plans or projects as it may deem necessary or advisable, and in

its discretion, and upon such terms and conditions as it may deem

appropriate, to accept such licenses, permits or approvals as may be

tendered to it by such agencies or officials and such federal or other

public or governmental assistance as is now or may hereafter become

available to it; and to enter into contracts with such agencies or

officials or utility companies relating to the construction or operation

of any project authorized by this title. Neither the authority nor any

trustee, officer or agent thereof shall have any power to waive or

surrender for any purpose whatsoever any right of the state of New York,

whether sovereign or proprietary in character, in and to the Niagara and

Saint Lawrence rivers, their waters, power, channels, beds, or uses, or

the right of the state to assert such rights at any future time;

provided, however, that nothing herein contained shall be construed as

limiting the power of the authority to accept licenses issued by the

federal power commission pursuant to the provisions of the federal power

act, as amended, or by the atomic energy commission pursuant to the

provisions of the atomic energy act of 1954, as amended, and the terms

and conditions therein imposed pursuant to law. If for any reason the

authority shall fail to secure any such license, permit or approval as

it may deem necessary or advisable, or shall decide not to make

application therefor, it is authorized to institute suit, or to apply to

congress for legislation, or take such other action in the premises as

it may deem necessary or advisable, in the furtherance of the project

and for the protection of its rights and those of the state.

4. To study the desirability and means of attracting industry to the

state of New York.

5. To develop, maintain, manage and operate those parts of the Niagara

and Saint Lawrence hydroelectric projects owned or controlled by it in

such manner as to give effect to the policy hereby declared (and all

plans and acts, and all contracts for the use, sale, transmission and

distribution of the power generated by such projects, shall be made in

the light of, consistent with and subject to this policy), namely, that

such projects shall be in all respects for the aid, improvement, and

benefit of commerce and navigation in, through, along and past the

Niagara river, the Saint Lawrence river and the international rapids

section thereof, and that in the development of hydro-electric power

therefrom such projects shall be considered primarily as for the benefit

of the people of the state as a whole. In furtherance of this policy and

to secure a wider distribution of such power and use of the greatest

value to the general public of the state, the authority shall in

addition to other methods which it may find advantageous make provision

so that municipalities and other political sub-divisions of the state

now or hereafter authorized by law to engage in the distribution of

electric power may secure a reasonable share of the power generated by

such projects, and shall sell the same or cause the same to be sold to

such municipalities and political subdivisions at prices representing

cost of generation, plus capital and operating charges, plus a fair cost

of transmission, all as determined by the trustees, and subject to

conditions which shall assure the resale of such power at the lowest

possible price, provided, however, that in disposing of hydro-electric

power pursuant to and in furtherance of the aforementioned policy and

purposes, appropriate provision may also be made to allocate a

reasonable share of project power to agencies created or designated by

other states and authorized to resell the power to users under the same

terms and conditions as power is disposed of in New York state. To that

end, the authority may provide in any contract or contracts which it may

make for the sale, transmission and distribution of the power that the

purchaser, transmitter or distributor shall construct, maintain and

operate, on such terms as the authority may deem proper, such connecting

lines as may be necessary for transmission of the power from main

transmission lines to such municipalities or political subdivisions.

Contracts for the sale, transmission and distribution of power

generated by such projects shall provide for the effectuation of the

foregoing policy and shall provide:

a. Payment of all operating and maintenance expenses of the project.

b. Interest on and amortization and reserve charges sufficient within

fifty years of the date of issuance to retire the bonds of the power

authority issued for the project.

c. Continuous control and operation of the project by the authority.

d. The effectuation of the policy declared in this sub-paragraph.

e. Full and complete disclosure to the authority of all factors of

cost in the transmission and distribution of power, so that rates to

consumers may be fixed initially in the contract and may be adjusted

from time to time on the basis of true cost data, provided that in

fixing such cost of transmission and distribution no account shall be

given to any franchise value, going value or good-will based upon the

existence of the contract and the availability of the power for sale by

the transmitting or distributing company or any company associated

therewith.

f. Periodic revisions of the service and rates to consumers on the

basis of accurate cost data obtained by such accounting methods and

systems as shall be approved by the trustees and in furtherance and

effectuation of the policy declared in this sub-paragraph.

g. That the rates, services and practices of the purchasing,

transmitting and/or distributing public agencies or companies in respect

to the power generated by such projects shall be governed by the

provisions and principles established in the contract, and not by

regulations of the public service commission or by general principles of

public service law regulating rates, services and practices and that in

the event any such public agencies or companies which purchase power

from the authority shall sell any such power for resale, such sale for

resale shall be made at rates no higher than those at which the power

was purchased from the authority.

h. The rate structures agreed upon in such contract may provide

different rates for different localities, classes of consumers, and

amounts of current consumed, and for changes in the rates resulting from

variation in operating costs and fixed charges.

i. For the cancellation and termination of any such contract upon

violation of the terms thereof by the purchasing, transmitting or

distributing public agency or company, or any subsidiary or associate

thereof.

j. For such security for performance as the authority may deem

practicable and advisable, including provisions assuring the continuance

of service by the purchasing, transmitting and/or distributing public

agencies or companies and/or the use of their facilities for such

service and/or the continuance of an outlet and adequate market for the

power generated by such projects.

k. Such other terms not inconsistent with the provisions and policy of

this title as the authority may deem advisable.

6. To develop, maintain, manage and operate its projects other than

the Niagara and Saint Lawrence hydroelectric projects so as (i) to

provide an adequate supply of energy for optimum utilization of its

hydroelectric projects, (ii) to attract and expand high load factor

industry, (iii) to provide for the additional needs of its municipal

electric and rural electric cooperative customers, (iv) to provide a

supply of power and energy for use in the recharge New York power

program as recharge New York market power, and (v) to assist in

maintaining an adequate, dependable electric power supply for the state.

Contracts for the sale, transmission and distribution of power and

energy generated by such projects shall provide for the effectuation of

the policy set forth in this title relating to such projects and shall

provide:

a. Payment of all operating and maintenance expenses of the projects.

b. Interest on and amortization and reserve charges sufficient within

fifty years of the date of issuance to retire the bonds of the authority

issued for the projects.

c. For the cancellation and termination of any such contract upon

violation of the terms thereof by the purchasing, transmitting or

distributing public agency or company, or any subsidiary thereof.

d. That the rates, services and practices of the purchasing,

transmitting and/or distributing public agencies and rural electric

cooperatives in respect to the power and energy from such projects shall

be governed by the provisions and principles established in the

contract, and not by regulations of the public service commission or by

general principles of public service law regulating rates, services and

practices and that in the event any such public agencies or cooperatives

which purchase power from the authority shall sell any such power for

resale, such sale for resale shall be made at rates no higher than those

at which the power was purchased from the authority.

e. In the case of a contract with an electric corporation entered into

on or after May first, nineteen hundred seventy-four (i) for assurances

by the electric corporation of prompt and timely payment of all bills

rendered by the authority and that failure to make such prompt and

timely payment shall be grounds for immediate termination of the

contract, and (ii) that in the event the contract is so terminated, the

electric company will wheel to such purchasers as the authority may

direct the power and energy that would have been sold to the electric

company had the contract not been terminated.

f. Such other terms not inconsistent with the provisions and policy of

this title as the authority may deem advisable.

7. To proceed with the physical construction or completion of any

project authorized by this title, including the erection of the

necessary dams, power houses and other facilities, instrumentalities and

things necessary or convenient to that end, and including also the

erection of such transmission lines as may be necessary to conduct

electricity to users located at or near the site; and including also the

acquisition, by contract only with the owners thereof, of transmission

lines or the use of such transmission lines, available or which may be

made available, to conduct electricity to such point or points at which

the electricity is sold by the authority to any person, corporation or

association, public or private, engaged in the business of distribution

and sale of electricity to ultimate consumers or if the authority is

unable to so acquire by contract the ownership or use of such

transmission lines, including also the erection by the authority of

transmission lines necessary for such purposes; and thereafter to

maintain and operate the project in accordance with the provisions and

policy of this title. The authority is specifically authorized to

undertake the construction of any project in one or more steps as it may

find economically desirable or advantageous, and as it may agree with

the appropriate Canadian and/or United States authorities. Whenever in

this title reference is made to "project", it shall be understood to

refer to such part of any project authorized by this title as may from

time to time be in existence or immediately projected.

8. To cooperate with and, when the trustees deem it feasible and

advisable, to enter into contractual arrangements with utility

companies;

a. With respect to construction and operation of pumped storage

facilities by the authority and supply of all or part of the necessary

pumping energy by the utilities and their purchase of all or part of the

output.

b. With respect to construction, completion, acquisition, ownership

and/or operation of baseload generating facilities, fuel, docks,

sidings, loading or unloading equipment, storage facilities and other

subsidiary facilities and disposition of the output of such generating

facilities.

c. With respect to construction, acquisition, ownership, operation

and/or use of transmission facilities.

9. To cooperate with and, when the trustees deem it feasible and

advisable, to enter into contractual arrangements with municipal

corporations with respect to construction, improvement, rehabilitation,

ownership and/or operation of hydroelectric generating facilities and

subsidiary facilities and disposition of the output of such generating

facilities.

9-a. As deemed feasible and advisable by the trustees, to design,

finance, develop, construct, install, lease, operate and maintain

electric vehicle charging stations throughout the state for use by the

public. Such electric vehicle charging stations shall include at least

one space that is large enough to accommodate wheelchair accessible

electric vehicles, including but not limited to, vans and minivans. The

authority shall annually post on their website a report on those

activities undertaken pursuant to this subdivision, including but not

limited to: the total number of electric vehicle charging stations in

operation pursuant to such authorization, the locations of such charging

stations, and the total costs to the authority associated with such

activities.

10. To cooperate with and, when the trustees deem it feasible and

advisable, to enter into contractual arrangements with New York state

energy research and development authority in connection with the

planning, siting, development, construction, operation and maintenance

of generating facilities of the authority utilizing new energy

technologies to the extent such action is consistent with the purposes

and powers granted by law to New York state energy research and

development authority.

10-a. a. To cooperate with and, when the trustees deem it feasible and

advisable, enter into contracts with an owner or operator of a "class A"

multiple dwelling, as defined in subdivision eight of section four of

the multiple dwelling law, to administer and finance programs for the

development, design, installation and provision of financial assistance

with respect to the replacement of refrigerators with more energy

efficient refrigerators; provided that no costs associated with such

financial assistance shall be charged to the authority's customers.

Financial assistance shall be repaid to the authority, over a period not

to exceed ten years, based on projected savings in energy costs and

related costs which accrue to the owner as a result of installing such

measures and consistent with paragraph b of this subdivision.

b. If the owner of such multiple dwelling is a customer of the

authority or of an electric corporation, as defined in subdivision

thirteen of section two of the public service law, and if the

refrigerator is provided by the owner, and if charges for electricity

are included within the rent that the tenant pays to occupy such

dwelling, the owner of such dwelling shall repay the authority for such

financial assistance based on projected savings in energy costs that are

estimated to accrue to the owner as a result of such replacement. As a

condition of participating in the program established by this

subdivision, such owner shall agree to be precluded from charging any

additional fee or collecting any rent increase to such tenant as a

result of such replacement.

11. To exercise all the powers necessary or convenient to carry out

and effectuate the purposes and provisions of this title; and as

incidental thereto to own, lease, build, operate, maintain and dispose

of real and personal property of every kind and character, to acquire

real property and any or every interest therein for its lawful purposes

by purchase, or by condemnation as hereinafter provided, to borrow money

and secure the same by bonds or liens upon revenue from any property or

contracts held or to be held by it, to sell water or electric power, and

generally to do any and every thing necessary or convenient to carry out

the purposes of this title, provided that the authority shall have no

power at any time to pledge the credit of the state nor shall any of its

obligations or securities be deemed to be obligations of the state nor

shall the authority have the power to lease or sell any dam, or power

house at the site.

12. Notwithstanding any limitations hereinbefore expressed, the

authority is authorized and directed forthwith or from time to time as

it shall deem advisable and within the limitations of the appropriations

made available for it to initiate and prosecute all inquiries,

investigations, surveys and studies which it may deem necessary or

desirable as preliminary to the effectuation of the other powers and

duties conferred upon it by this title.

13. Notwithstanding any other provision of law to the contrary but

subject to the terms and conditions of federal energy regulatory

commission licenses, to allocate or reallocate directly or by sale for

resale, two hundred fifty megawatts of firm Niagara project

hydroelectric power as "expansion power" and four hundred forty-five

megawatts of firm Niagara project hydroelectric power as "replacement

power" to businesses within the state located within thirty miles of the

Niagara project, and four hundred ninety megawatts of firm and

interruptible power from the Saint Lawrence-FDR project as "preservation

power" sold to businesses located within the counties of Jefferson,

Saint Lawrence and Franklin, provided that the amount of expansion power

allocated to businesses in Chautauqua county on January first, nineteen

hundred eighty-seven shall continue to be allocated in such county and,

provided further that up to seventy megawatts of replacement power, up

to thirty-eight and six-tenths megawatts of preservation power from the

Saint Lawrence-FDR project which is relinquished or withdrawn after the

effective date of chapter three hundred thirteen of the laws of two

thousand five which amended this subdivision and, for the period ending

on December thirty-first, two thousand six, up to twenty megawatts of

other power from the Saint Lawrence-FDR project which is unallocated as

of the effective date of chapter three hundred thirteen of the laws of

two thousand five which amended this subdivision, shall be allocated by

the authority together with such other funds of the authority as the

trustees deem feasible and advisable for energy cost savings benefits

pursuant to the twelfth undesignated paragraph of this section.

Provided, however, that the amount of replacement, preservation power,

or the additional twenty megawatts of Saint Lawrence-FDR power for the

period ending December thirty-first, two thousand six made available for

such purpose, used for energy cost savings benefits that are

relinquished by or withdrawn from a recipient thereof shall be offered

by the authority proportionately for a period of six months for

reallocation to applicants who qualify respectively for replacement or

preservation power allocations as provided in this subdivision. If such

power is not allocated within such period it shall be allocated for the

purpose of energy cost savings benefits pursuant to subdivision (h) of

section one hundred eighty-three of the economic development law. The

authority shall negotiate contracts on reasonable terms and conditions

to renew or extend every permanent contract allocation of expansion

power in effect on the effective date of this subdivision and, to the

extent consistent with such contracts, the authority shall negotiate

contracts on reasonable terms and conditions to extend or renew all

other allocations or allotments of such power in effect on such date.

The authority shall negotiate contracts on reasonable terms and

conditions to renew or extend for a period of at least five years every

permanent contract allocation of replacement power in effect on the

effective date of chapter three hundred thirteen of the laws of two

thousand five which added this sentence and that would expire by its

terms on or before the end of the initial federal energy regulatory

commission license for the Niagara project; provided that, in

negotiating the terms and conditions of such contracts, the authority

may consider a business' compliance with all current contractual

obligations, including employment and power usage commitments. Contracts

entered into pursuant to this subdivision shall contain reasonable

provisions providing for the partial or complete withdrawal of the power

in the event the recipient fails to maintain mutually agreed levels of

employment, investment, and power utilization. Expansion or replacement

power relinquished by businesses or withdrawn by the authority shall be

allocated directly or by sale for resale by the authority to businesses

within the state located within thirty miles of the Niagara project

provided, that the amount of power allocated to businesses in Chautauqua

county on January first, nineteen hundred eighty-seven shall be

allocated in such county. Preservation power that is relinquished by

businesses or withdrawn by the authority shall be allocated directly or

by sale for resale by the authority within the counties of Jefferson,

Saint Lawrence and Franklin. Allocations made pursuant to this paragraph

shall be made in accordance with criteria established by the trustees.

Such criteria shall address the expansion of industry and employment

pursuant to paragraph (a) of this subdivision and the revitalization of

existing industry pursuant to paragraph (b) of this subdivision.

(a) Criteria for eligibility for expansion, replacement and

preservation power. Each application for an allocation for expansion,

replacement or preservation power shall be evaluated by the trustees

under criteria which shall include but need not be limited to:

(1) the number of jobs created as a result of a power allocation;

(2) the business' long term commitment to the region as evidenced by

the current and/or planned capital investment in business' facilities in

the region;

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

power requested;

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

security and stability of employment;

(5) the amount of capital investment, including the type and cost of

buildings, equipment and facilities to be constructed, enlarged or

installed;

(6) the extent to which a power allocation will affect the overall

productivity or competitiveness of the business and its existing

employment;

(7) the extent to which an allocation of power may result in a

competitive disadvantage for other business in the state;

(8) 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;

(9) the extent of the business' 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

business' willingness to satisfy affirmative action goals;

(10) the extent to which an allocation of 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

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

facilities of the business, on other businesses within the region, and

upon other electric ratepayers.

(b) Revitalization. In addition to the criteria provided in paragraph

(a) of this subdivision the trustees shall establish special criteria

for the evaluation of applications for power allocated for the

revitalization of industry. Such criteria shall include, but need not be

limited to:

(1) that the business is likely to close, partially close or relocate

resulting in the loss of a substantial number of jobs;

(2) that the business is an important employer in the community and

efforts to revitalize the business are in long-term interests of both

employers and the community;

(3) that a reasonable prospect exists that the proposed allocation of

power will enable the business to remain competitive and become

profitable and preserve jobs for a substantial period of time;

(4) that the applicant demonstrates cooperation with the local

electricity distributor and other available sources of assistance to

reduce energy costs to the maximum extent practicable, through

conservation and load management; and

(5) that the allocation will not unduly affect the cost of electric

service to customers of the local electricity distributor.

13-a. Recharge New York power program. (a) Notwithstanding any other

provision of law to the contrary, but subject to the terms and

conditions of federal energy regulatory commission licenses, to

allocate, reallocate or extend, directly or by sale for resale, up to

nine hundred ten megawatts of recharge New York power to eligible

applicants located within the state of New York upon the recommendation

of the New York state economic development power allocation board

pursuant to section one hundred eighty-eight-a of the economic

development law.

(b) Recharge New York power shall mean and consist of equal amounts of

(1) four hundred fifty-five megawatts of firm hydroelectric power from

the Niagara and Saint Lawrence hydroelectric projects to be withdrawn,

as of the earliest date such power may be withdrawn consistent with

contractual requirements, from utility corporations that, prior to the

effective date of this subdivision, purchased such power for the benefit

of their domestic and rural consumers ("recharge New York hydropower"),

and (2) power procured by the authority through market sources, a

competitive procurement process, or authority sources (other than the

Niagara and Saint Lawrence projects) (collectively or individually,

"recharge New York market power"); provided, however, that if such

recharge New York market power comes from authority sources, the use of

that power shall not reduce the availability of, or cause an increase in

the price of, power provided by the authority for any other program

authorized in this article or pursuant to any other statute.

(c) Notwithstanding section one thousand nine of this title or any

other provision of law to the contrary, the authority is authorized,

beginning July first, two thousand twelve, to make available, contract

with and sell to such eligible applicants as are recommended by the

economic development power allocation board up to nine hundred ten

megawatts of recharge New York power for recharge New York power

allocations. A recharge New York power allocation shall consist of equal

parts of recharge New York hydropower and recharge New York market power

as such terms are defined in paragraph (b) of this subdivision;

provided, however, that prior to entering into a contract with an

eligible applicant for the sale of recharge New York power, and prior to

the provision of electric service relating to the recharge New York

power allocation, the authority shall offer each eligible applicant the

option to decline to purchase the recharge New York market power

component of such allocation. If an eligible applicant declines to

purchase such market power from the authority, the authority shall have

no responsibility for supplying such market power to the eligible

applicant.

13-b. Agricultural consumer electricity cost discount. (1)

Notwithstanding any provision of this title or article six of the

economic development law to the contrary, the authority is authorized,

beginning in two thousand twenty-four, as deemed feasible and advisable

by the trustees, to use revenues from the sale of hydroelectric power,

and such other funds of the authority as deemed feasible and advisable

by the trustees, to fund monthly payments to be made for the benefit of

agricultural producers who receive electric service at the residential

rate who enjoyed the benefits of authority hydroelectric power withdrawn

pursuant to subdivision thirteen-a of this section, and who were

previously eligible to receive benefits under the agricultural consumer

electricity cost discount created by section four of part CC of chapter

sixty of the laws of two thousand eleven, for the purpose of mitigating

price impacts associated with the reallocation of such power in the

manner described in this subdivision. Such monthly payments shall

commence September first, two thousand twenty-four. The total annual

amount of monthly payments shall not exceed five million dollars.

(2) The authority shall work cooperatively with the department of

public service to evaluate the agricultural consumer electricity cost

discount, which shall include an assessment of the benefits to

recipients compared to the benefits the recipients received from the

authority's hydroelectric power, withdrawn pursuant to subdivision

thirteen-a of this section, during the twelve month period ending

December thirty-first, two thousand ten, and compared to other

agricultural consumers that did not choose to receive the discount.

(b) Energy efficiency program. (1) Beginning with the withdrawal of

such hydroelectric power, the authority or the New York state energy

research and development authority, shall conduct an energy efficiency

program for five years to provide energy efficiency improvements for the

purpose of reducing energy consumption for domestic and rural consumers.

Such energy efficiency program may be undertaken in cooperation with

other energy efficiency programs offered by utility corporations, state

agencies and authorities including but not limited to the New York state

energy research and development authority; provided however that energy

savings attributable to such other energy efficiency programs shall not

be included in determining the amount of energy saved pursuant to the

program established by this paragraph;

(2) The authority or the New York state energy research and

development authority shall annually post on their website a report

evaluating the energy efficiency program, including but not limited to,

the number of domestic and rural consumers who opted to participate in

the program and, if practicable, the estimated savings the domestic and

rural consumers received by participating in the energy efficiency

program.

14. To provide to the governor, to the speaker of the assembly, and to

the temporary president of the senate, on or before April first of each

year, an economic development report including projections for the next

succeeding twelve months of the amount of economic development power

which will be or is expected to be available with a listing of the

current recipients of that power, and data on the number and types of

jobs resulting from allocation of economic development power. Such

report shall also include the amount of revenues collected and used in

the previous calendar year pursuant to the eighth unnumbered paragraph

of this section.

15. To provide low cost electricity, as well as energy efficiency and

conservation services and facilities using conventional or new energy

technologies, to the following military establishments within the state:

Fort Drum, Fort Hamilton, United States Academy at West Point,

Watervliet Arsenal, Niagara Falls Air Reserve Base, Air Force Research

Laboratory at Rome, Defense Finance Accounting Services at the former

Rome Air Force Base, North East Air Defense Sector, Stewart Air National

Guard Base, Hancock Field Air National Guard Base, Stratton Air National

Guard Base and Air National Guard Base at Francis S. Gabreski Airport.

Services provided pursuant to this section shall be provided only to

support United States Department of Defense activities as they are

conducted at such facilities. The authority may enter into contracts

with the United States, its agencies and instrumentalities, and other

public and private entities to effectuate the foregoing.

16. To complete a biennial energy plan in accordance with the

provisions of article six of the energy law. In addition to any

requirements of article six of the energy law, the authority shall

provide copies of its biennial energy plan to the governor, the

temporary president of the senate, the speaker of the assembly, the

chair of the assembly committee on energy and the chair of the senate

committee on energy and telecommunications. Further, the authority shall

cooperate and participate in the state energy planning procedures as

enumerated in article six of the energy law.

17. (a) As deemed feasible and advisable by the trustees, to finance

and design, develop, construct, implement, provide and administer

energy-related projects, programs and services for any public entity,

any independent not-for-profit institution of higher education within

the state, and any recipient of the economic development power,

expansion power, replacement power, preservation power, high load factor

power, municipal distribution agency power, power for jobs, and recharge

New York power programs administered by the authority. In establishing

and providing high performance and sustainable building programs and

services authorized by this subdivision, the authority is authorized to

consult standards, guidelines, rating systems, and/or criteria

established or adopted by other organizations, including but not limited

to the United States green building council under its leadership in

energy and environmental design (LEED) programs, the green building

initiative's green globes rating system, and the American National

Standards Institute. The source of any financing and/or loans provided

by the authority for the purposes of this subdivision may be the

proceeds of notes issued pursuant to section one thousand nine-a of this

title, the proceeds of bonds issued pursuant to section one thousand ten

of this title, or any other available authority funds.

(b) For the purposes of this subdivision, the following words and

terms shall have the following meanings unless the context indicates

another meaning or intent:

(1) "Agency" means any agency, department, or office of the state of

New York.

(2) "Energy-related projects, programs and services" means energy

efficiency projects and services, clean energy technology projects and

services, and high performance and sustainable building programs and

services, and the construction, installation and/or operation of

facilities or equipment done in connection with any such projects,

programs or services.

(3) "Energy services contract" or "contract" means a contract pursuant

to which the authority provides energy-related projects, programs and

services.

(4) "High performance and sustainable building programs and services"

means programs and services related to the renovation and retrofitting

of buildings through the incorporation of standards, guidelines, rating

systems, and/or criteria relating to design and building techniques

established by the authority pursuant to this section, which are

addressed to such issues as energy efficiency, energy conservation, the

use of renewable energy, the reduction of air and other pollution, and

the conservation of materials and resources such as water.

(5) "Public entity" means an agency, public authority, public benefit

corporation, public corporation, municipal corporation, school district,

board of cooperative educational services, public university, fire

district, district corporation, or special improvement district governed

by a separate board of commissioners.

(6) "Public authority" means a public authority formed by or under the

laws of the state of New York to the extent its facilities are located

within the state, and the port authority of New York and New Jersey to

the extent that its facilities are located within the state.

(7) "Public benefit corporation" means a public benefit corporation as

defined in subdivision four of section sixty-six of the general

construction law.

(8) "Public university" means the city university of New York

including any senior college or community college as defined in section

sixty-two hundred two of the education law, and the state university of

New York including four-year colleges established pursuant to section

sixty-three hundred seven of the education law and community colleges as

defined in section sixty-three hundred one of the education law.

(c) Any public entity is authorized to enter into an energy services

contract with the authority for energy-related projects, programs and

services that are authorized by this subdivision, provided that (i) the

authority issues and advertises written requests for proposals from

third party providers of goods and services in accordance with the

authority's procurement policies, procedures and/or guidelines, and (ii)

the authority shall not contract with a third party provider of goods

and services if such person is listed on a debarment list maintained and

published in accordance with New York law, as being ineligible to submit

a bid on or be awarded any public contract or subcontract with the

state, any municipal corporation or public body.

(d)(i) Notwithstanding any other provision of law to the contrary, any

energy services contract entered into by the authority with any public

entity: (1) may have a term of up to thirty-five years duration,

provided, however, that the duration of any such contract shall not

exceed the reasonably expected useful life of any facilities or

equipment constructed, installed or operated as part of such

energy-related projects, programs and services subject to such contract;

and (2) shall contain the following clause: "This contract shall be

deemed executory only to the extent of the monies appropriated and

available for the purpose of the contract, and no liability on account

therefor shall be incurred beyond the amount of such monies. It is

understood that neither this contract nor any representation by any

public employee or officer creates any legal or moral obligation to

request, appropriate or make available monies for the purpose of the

contract." A school district or board of cooperative educational

services may only enter into an energy services contract with the

authority for such maximum term as is prescribed in the regulations

promulgated by the commissioner of education or the useful life of the

facilities or equipment being constructed, installed or operated,

whichever is less.

(ii) Notwithstanding any other provision of law to the contrary, in

order to provide an interest in real or other property necessary for the

construction of facilities or the operation of equipment provided for in

an energy services contract, a public entity may enter into a lease or

other agreement with the authority concerning real or other property to

which it holds title or which is under its administrative jurisdiction,

as is necessary for such construction or operation, for the same length

of time as the term of the energy services contract and on such terms

and conditions as may be agreeable to the parties thereto and are not

otherwise inconsistent with law, and notwithstanding that such real or

other property may remain useful to such entity for the purpose for

which such real or other property was originally acquired or devoted or

for which such real or other property is being used.

(e) Nothing contained in this subdivision is intended to limit, impair

or affect the authority's legal authority to provide energy efficiency

and energy services programs that existed as of the effective date of

this subdivision.

(f) The authority shall complete and submit a report, on or before

January thirty-first, two thousand twelve, on those activities

undertaken pursuant to this subdivision to the governor, the speaker of

the assembly, the temporary president of the senate, the minority leader

of the senate, the minority leader of the assembly, the chair of the

senate finance committee, the chair of the assembly ways and means

committee, the chair of the assembly energy committee and the chair of

the senate energy committee.

18. For the purpose of furnishing the state with systematic

information regarding the status and the activities of the authority,

the authority shall submit to the governor, the temporary president of

the senate, speaker of the assembly, the minority leader of the senate

and the minority leader of the assembly, within ninety days after the

end of its fiscal year, a complete and detailed annual report on each

economic development power program it administers. Such annual report

shall include, but not be limited to, the following information:

a. the number of recipients of economic power program benefits, the

economic region in which each recipient is located, the type and amount

of assistance provided, megawatts of power awarded, length of current

contract, current contract compliance status, last audit, number of jobs

retained and/or added in the fiscal year, approximate energy efficiency

savings and amount of power reallocated from previous years due to

forfeited benefits; and

b. cost to the authority to provide economic development power

programs during the previous fiscal year.

19. To cooperate with the western New York power proceeds allocation

board and provide the board with such information and assistance as the

board reasonably requests, including reasonable staff services,

accounting, clerical and secretarial assistance, office space, and

equipment reasonably requested by the western New York power proceeds

allocation board to fulfill its duties.

20. To establish an account to be known as the western New York

economic development fund, which shall consist of "net earnings" as

defined in article six-a of the economic development law, deposited in

such amounts as determined to be feasible and advisable by the trustees.

Such earnings shall be deposited no less frequently than quarterly. The

first deposit into the fund shall be made ninety days after the

effective date of this subdivision, and shall include all such net

earnings accrued since the effective date of chapter four hundred

thirty-six of the laws of two thousand ten. At least fifteen percent of

such funds shall be dedicated towards eligible projects which are

energy-related projects, programs and services as such term is defined

in subparagraph two of paragraph (b) of subdivision seventeen of this

section. In addition to funding eligible projects, as defined in article

six-a of the economic development law, the authority may use western New

York economic development fund monies to cover reasonable costs and

expenses of the authority related to the management and administration

of the western New York power proceeds allocation program created by

article six-a of the economic development law.

21. The authority may, in its discretion, consult with the western New

York power proceeds allocation board in the application process relating

to the allocation of expansion power and replacement power.

22. The authority shall establish processes for application review and

allocation of fund benefits provided for in article six-a of the

economic development law.

23. The authority shall include in the annual report prepared pursuant

to subdivision eighteen of this section, an accounting for the subject

year that provides (a) the amount of expansion power and replacement

power sold into the wholesale market by the authority, and (b) the net

earnings, as such term is defined in section one hundred eighty-nine-a

of the economic development law, paid into the western New York economic

development fund.

24. (a) For purposes of this subdivision, the terms "authority-TMED

contract", "eligible project", "net earnings", "northern New York power

proceeds allocation board" and "St. Lawrence county economic development

power" shall have the meanings ascribed to such terms in article seven-A

of the economic development law.

(b) The authority shall be authorized to cooperate with the northern

New York power proceeds allocation board, and provide such board with

such information and assistance, including reasonable staff services,

accounting, clerical and secretarial assistance, office space, and

equipment, as the board reasonably requests in order to fulfill its

duties under article seven-A of the economic development law.

(c) The authority shall establish an account to be known as the

northern New York economic development fund, which shall consist solely

of net earnings. The authority, as determined to be feasible and

advisable by the trustees, shall deposit net earnings into the fund no

less than quarterly, provided, however, that the amount of St. Lawrence

county economic development power that may be used by the authority to

generate net earnings shall not exceed the lesser of twenty megawatts or

the amount of St. Lawrence county economic development power that has

not been allocated by the authority under the authority-TMED contract

for sub-allocations, and provided further that beginning five years from

the effective date of this subdivision, the amount of St. Lawrence

county economic development power that may be used by the authority to

generate net earnings shall not exceed the lesser of ten megawatts or

the amount of St. Lawrence county economic development power that has

not been allocated by the authority under the authority-TMED contract

for sub-allocations. At least fifteen percent of net earnings paid into

the fund shall be dedicated to eligible projects which are

energy-related projects, programs and services as such term is defined

in subparagraph two of paragraph (b) of subdivision seventeen of this

section. In addition to funding eligible projects, the authority may use

northern New York economic development fund monies to cover reasonable

costs and expenses of the authority related to the management and

administration of the northern New York power proceeds allocation

program created by article seven-A of the economic development law.

(d) The authority is hereby authorized to establish processes for

application review and allocation of fund benefits, and to promulgate

such rules and regulations as it deems necessary to fulfill the purposes

of this subdivision and the duties assigned to it under article seven-A

of the economic development law.

(e) The authority shall include in the annual report prepared pursuant

to subdivision eighteen of this section, an accounting for the subject

year that provides the amount of St. Lawrence county economic

development power sold into the wholesale market by the authority, and

the net earnings paid into the northern New York economic development

fund.

25. Notwithstanding any other provision of law, to accept gifts,

grants, loans, or contributions of funds or property in any form from

the federal government or any agency or instrumentally thereof or from

the state or any other source (collectively, "resources"), and enter

into contracts or other transactions regarding such resources, and to

use such resources for any of its corporate purposes.

26. (a) As deemed feasible and advisable by the trustees, to plan,

finance, construct, acquire, operate, improve and maintain, either alone

or jointly with one or more other entities, transmission facilities for

the purpose of transmitting power and energy generated by renewable wind

energy generation projects that are located in state territorial waters,

and/or in waters under the jurisdiction or regulation of the United

States, which supplies electric power and energy to the state of New

York that the authority deems necessary and desirable in order to: (i)

provide, support and maintain an adequate and reliable supply of

electric power and energy in the state of New York, and/or (ii) assist

the state in meeting state energy-related goals and standards.

(b) The source of any financing and/or loans provided by the authority

for any of the actions authorized in paragraph (a) of this subdivision

may be the proceeds of notes issued pursuant to section one thousand

nine-a of this title, the proceeds of bonds issued pursuant to section

one thousand ten of this title, or any other available authority funds.

(c) The authority shall complete and submit a report, on or before

January thirty-first, two thousand twenty, and annually thereafter, on

those activities undertaken pursuant to this subdivision to the

governor, the speaker of the assembly, the temporary president of the

senate, the minority leader of the senate, the minority leader of the

assembly, the chair of the senate finance committee, the chair of the

assembly ways and means committee, the chair of the assembly energy

committee, and the chair of the senate energy and telecommunications

committee. Such report shall be posted on the authority's website and

accessible for public review.

* 27. (a) Notwithstanding any other provision of this title, as deemed

feasible and advisable by the trustees, the authority is authorized to

undertake the following actions when it deems it necessary or desirable

to address the energy-related needs of any (i) authority customer, (ii)

public entity, or (iii) CCA community:

(1) (A) supply power and energy procured from competitive market

sources to any (i) authority customer, (ii) public entity, or (iii) CCA

community through the supply of such products through an energy services

company or other entity that is authorized by the public service

commission to procure and sell energy products to participants of a CCA

program, provided, however, that the authority shall not supply at any

point more than a total of four hundred megawatts of power and energy to

authority customers and public entities pursuant to the authority of

this clause;

(B) supply renewable power, energy, or related credits or attributes

procured through a competitive process, from competitive market sources,

or through negotiation when a competitive procurement is not reasonably

feasible and such products can be procured on reasonably competitive

terms to (i) any authority customer, (ii) any public entity, or (iii)

any CCA community through the supply of such products through an energy

services company or other entity that is authorized by the public

service commission to procure and sell energy products to participants

of a CCA program; and

(b) Nothing in this subdivision authorizes the authority to act as an

energy supply company or administrator for CCA programs.

(c) Power and energy sold pursuant to the authority provided in

paragraph (a) of this subdivision shall only be sold for use at

facilities located in the state.

(d) Any public entity is hereby authorized to contract with the

authority for the purchase of power, energy, or related credits or

attributes which the authority is authorized to supply under paragraph

(a) of this subdivision.

(e) The source of any financing and/or loans provided by the authority

for any of the actions authorized in paragraph (a) of this subdivision

may be the proceeds of notes issued pursuant to section one thousand

nine-a of this title, the proceeds of bonds issued pursuant to section

one thousand ten of this title, or any other available authority funds.

(f) The authority shall complete and submit a report, on or before

January thirty-first, two thousand twenty, and annually thereafter on

those actions undertaken pursuant to this subdivision to the governor,

the speaker of the assembly, the temporary president of the senate, the

chair of the assembly ways and means committee, the chair of the senate

finance committee, the chair of the assembly energy committee and the

chair of the senate energy and telecommunications committee. Such

report, at a minimum, shall include: (i) an accounting of the total

amount of power, energy, and related credits and attributes procured

from competitive market sources and supplied to authority customers,

public entities, and CCA communities; (ii) an accounting of the total

amount of renewable power, energy, and related credits and attributes

procured through negotiation and supplied to authority customers, public

entities, and CCA communities; (iii) a description of all renewable

energy generating projects financed by the authority, including the

aggregate amount of financing; (iv) an accounting of all power, energy,

and related credits and attributes purchased by the authority from such

projects; and (v) an identification of all public entities, authority

customers, and CCA communities to which the authority supplied,

allocated or sold any power, energy or related credits or attributes.

(g) For purposes of this subdivision, the following terms shall have

the meanings indicated in this paragraph unless the context indicates

another meaning or intent:

(i) "Authority customer" means an entity located in the state to which

the authority sells or is under contract to sell power or energy under

the authority in this title or any other law.

(ii) "CCA community" means one or more municipal corporations located

within the state that have provided for the purchase of power, energy,

or related credits or other attributes under a CCA program.

(iii) "CCA program" means a community choice aggregation program

approved by the public service commission.

(iv) "Public entity" has the meaning ascribed to that term by

subparagraph five of paragraph (b) of subdivision seventeen of this

section.

(v) "Renewable energy resources" means solar power, wind power,

hydroelectric, and any other generation resource authorized by any

renewable energy standard adopted by the state for the purpose of

implementing any state clean energy standard.

(vi) "Renewable energy generating project" means a project that

generates power and energy by means of renewable energy resources, or

that stores and supplies power and energy generated by means of

renewable energy resources, and includes the construction, installation

and/or operation of ancillary facilities or equipment done in connection

with any such renewable energy generating projects, provided, however,

that such term shall not include the authority's Saint Lawrence

hydroelectric project or Niagara hydroelectric project.

(vii) "State" means the state of New York.

* NB Repealed June 30, 2033

27-a. (a) The authority is authorized and directed, to:

(i) plan, design, develop, finance, construct, own, operate, maintain

and improve, either alone, or jointly with other entities through the

use of public-private agreements established in paragraph (f) of this

subdivision, renewable energy generating projects in the state,

including its territorial waters, and/or on property or in waters under

the jurisdiction or regulatory authority of the United States, or any

component thereof, to: support the state's renewable energy goals

established pursuant to the climate leadership and community protection

act; provide or maintain an adequate and reliable supply of electric

power and energy in the state, including but not limited to, high need

areas and communities served by small natural gas power plants as

defined in this section; and support the renewable energy access and

community help program established pursuant to subdivision

twenty-seven-b of this section; subject to the strategic plan developed

and updated pursuant to paragraph (e) of this subdivision approved by

the trustees of the authority, provided that the authority, or a wholly

owned subsidiary thereof, shall at all times maintain majority ownership

of any such project, and provided further that the authority, any

subsidiary thereof, or any other entity participating in a

public-private agreement established in paragraph (f) of this

subdivision, shall only design, develop, finance, construct, own,

operate, maintain and improve projects pursuant to this subdivision that

have been identified in the strategic plan or its updates as provided in

subparagraph (v) of paragraph (e) of this subdivision; and

(ii) notwithstanding any conflicting provision of title five-A of

article nine of this chapter, acquire from willing sellers, lease, or

dispose of property interests related to the development or disposition

of renewable energy generating projects authorized by this paragraph

through a competitive selection process or by negotiation, provided that

the authority and any subsidiary thereof shall receive not less than

fair market value, supported by an appraisal prepared by an independent

appraiser, for the disposal of any interest in any renewable energy

generating project.

(b) The authority, its subsidiaries or any entity participating in a

public-private agreement established in paragraph (f) of this

subdivision or acting on behalf of the authority, when developing

renewable energy generating projects authorized in this subdivision, or

subdivision twenty-seven-b of this section, shall: (i) not develop,

except when necessary for generator lead lines and other equipment

needed for interconnection of projects to the electric system, on

property that consists of land used in agricultural production, taking

into consideration whether the land is within an agricultural district

or contains mineral soil groups 1-4, as defined by the department of

agriculture and markets, unless a renewable energy generation project is

in furtherance of an agrivoltaics project; (ii) minimize harm to

wildlife, ecosystems, public health and public safety; and (iii) not

build on lands located upon any Native American territory or reservation

located wholly or partly within the state, except through voluntary sale

or other agreement for such use with the consent of the relevant nation

and any required consent of the federal government.

(c) Renewable energy generating projects developed by the authority,

or a wholly owned subsidiary, pursuant to this subdivision or

subdivision twenty-seven-b of this section that meet eligibility

criteria under state programs administered by the public service

commission and the New York state energy research and development

authority shall be eligible to receive renewable energy certificates in

accordance with such programs consistent with laws and regulations.

* (d) No later than one hundred eighty days after the effective date

of this subdivision, and annually thereafter, the authority shall confer

with the New York state energy research and development authority, the

department of public service, climate and resiliency experts, labor

organizations, and environmental justice and community organizations

concerning the state's progress on meeting the renewable energy goals

established by the climate leadership and community protection act. When

exercising the authority provided for in paragraph (a) of this

subdivision, the information developed through such conferral shall be

used to identify projects to help ensure that the state meets its goals

under the climate leadership and community protection act. Any conferral

provided for in this paragraph shall include consideration of the timing

of projects in the interconnection queue of the federally designated

electric bulk system operator for New York state, taking into account

both capacity factors or planned projects and the interconnection

queue's historical completion rate. A report on the information

developed through such conferral shall be published and made accessible

on the website of the authority.

* NB Effective until December 31, 2040

* (d) No later than one hundred eighty days after the effective date

of this subdivision, and annually thereafter, the authority shall confer

with the New York state energy research and development authority, the

office of renewable energy siting, the department of public service,

climate and resiliency experts, labor organizations, and environmental

justice and community organizations concerning the state's progress on

meeting the renewable energy goals established by the climate leadership

and community protection act. When exercising the authority provided for

in paragraph (a) of this subdivision, the information developed through

such conferral shall be used to identify projects to help ensure that

the state meets its goals under the climate leadership and community

protection act. Any conferral provided for in this paragraph shall

include consideration of the timing of projects in the interconnection

queue of the federally designated electric bulk system operator for New

York state, taking into account both capacity factors or planned

projects and the interconnection queue's historical completion rate. A

report on the information developed through such conferral shall be

published and made accessible on the website of the authority.

* NB Effective December 31, 2040

(e) * (i) Beginning in two thousand twenty-five, and biennially

thereafter until two thousand thirty-three, the authority, in

consultation with the New York state energy research and development

authority, the department of public service, and the federally

designated electric bulk system operator for New York state, shall

develop and publish biennially a renewable energy generation strategic

plan ("strategic plan") that identifies the renewable energy generating

priorities based on the provisions of paragraph (a) of this subdivision

for the two-year period covered by the plan as further provided for in

this paragraph.

* NB Effective until December 31, 2040

* (i) Beginning in two thousand twenty-five, and biennially thereafter

until two thousand thirty-three, the authority, in consultation with the

New York state energy research and development authority, the office of

renewable energy siting, the department of public service, and the

federally designated electric bulk system operator for New York state,

shall develop and publish biennially a renewable energy generation

strategic plan ("strategic plan") that identifies the renewable energy

generating priorities based on the provisions of paragraph (a) of this

subdivision for the two-year period covered by the plan as further

provided for in this paragraph.

* NB Effective December 31, 2040

(ii) In developing, and updating, the strategic plan, the authority

shall consider:

(A) information developed pursuant to paragraph (d) of this

subdivision;

(B) high need areas where transmission and distribution upgrades will

be necessary to interconnect new renewable energy generation projects;

(C) the feasibility of projects, based on costs, potential benefits,

and other relevant considerations;

(D) the fiscal condition of the authority and the impacts of potential

renewable energy generating projects on the authority and its

subsidiaries;

(E) ways to minimize any negative tax revenue impacts on

municipalities that host renewable energy generating projects, including

but not limited to, PILOT and/or community benefit agreements;

(F) the timing, characteristics and size of the renewable energy

generating projects in the interconnection queue of the federally

designated electric bulk system operator for New York state;

(G) in consultation with the federally designated electric bulk system

operator for New York state, the power, energy and ancillary services

provided by planned renewable energy generating projects, taking into

account the historical completion rate of similar projects; and

(H) opportunities to work in partnership with private sector renewable

energy developers to accelerate activity, catalyze greater scale, and

spur additional market participation.

(iii) The strategic plan shall address the purposes stated in

paragraph (a) of this subdivision, and prioritize projects that:

(A) actively benefit disadvantaged communities;

(B) serve publicly-owned facilities; and

(C) support the renewable energy access and community help program

established pursuant to subdivision twenty-seven-b of this section.

(iv) The strategic plan shall assess and identify at a minimum:

(A) renewable energy generating high need and priority areas;

(B) priority locations for the development of renewable energy

generating projects;

(C) the types and capacity of renewable energy resources to be

utilized;

(D) the estimated cost of renewable energy generating projects to the

extent known;

(E) a description of any delays or anticipated delays associated with

completion of the renewable energy generating projects;

(F) which of the intended purposes in paragraph (a) of this

subdivision each renewable energy generating project is intended to

support;

(G) any prioritization given to the order of development of renewable

energy generating projects;

(H) the benefits associated with the renewable energy generating

projects, including any benefits to disadvantaged communities;

(I) any benefits to rate payers;

(J) the state's progress towards achieving the renewable energy goals

of the climate leadership and community protection act; and

(K) any other information the authority determines to be appropriate.

(v) The plan shall include a list of proposed renewable energy

generating projects. Such list shall include projects that are planned

to be commenced prior to the next update or version of the plan, and at

the authority's discretion need not include any projects in the planning

stage. Each proposed project listed shall include, without limitation:

(A) location of the project, to the extent that property associated

with such location has been secured for the proposed project;

(B) the type, or types, of renewable energy resources utilized;

(C) the potential generating capacity of each project;

(D) the estimated project cost;

(E) the timeline for completion; and

(F) the entity undertaking the proposed project and any public

partnership agreements the authority or its subsidiaries enter into for

such project.

(vi) In developing the strategic plan, the authority shall consult

with stakeholders including, without limitation, climate and resiliency

experts, labor organizations, environmental justice communities,

disadvantaged community members, residential and small business

ratepayer advocates, and community organizations. The authority shall

also seek, where possible, community input through the regional clean

energy hubs program administered by the energy research and development

authority.

(vii) The authority shall post a draft of the strategic plan on its

website for public comment for a period of at least sixty days, and

shall hold at least three public hearings on the draft strategic plan in

regionally diverse parts of the state. Consideration should be given to

the availability of public transit when selecting locations for

in-person hearings.

(viii) The authority shall after considering the stakeholder input

publish the first final strategic plan on its website no later than

January thirty-first, two thousand twenty-five.

(ix) The authority, until two thousand thirty-five, shall update each

biennial strategic plan annually, after a public comment period of at

least thirty days and at least one public hearing. Such updated

strategic plan shall include a review of the implementation of the

projects previously included in the strategic plan with necessary

updates, including status in the interconnection queue. The authority

may update the plan more often than annually provided that it follows

the public comment and public hearing process for updated plans

prescribed by this paragraph.

(x) The strategic plan and any update thereof shall not be deemed

final until it is approved by the authority's trustees.

(xi) During at least three board of trustees' meetings per year, there

shall be a public report delivered and published on the development and

implementation of the authority's renewable energy generation strategic

plan. A statement explaining that there is no update shall be

acceptable.

(xii) The authority shall maintain a public dashboard on their website

demonstrating their progress in implementing the authority's renewable

energy generation strategic plan.

(f) The authority shall have the right to exercise and perform all or

part of its powers and functions pursuant to this subdivision or

subdivision twenty-seven-b of this section, through one or more wholly

owned subsidiaries. The authority may form such subsidiary by acquiring

the voting shares thereof or by resolution of the board directing any of

its trustees, officers or employees to organize a subsidiary pursuant to

the business corporation law, or the not-for-profit corporation law, or

as otherwise authorized by law. Such resolution shall prescribe the

purpose for which such subsidiary is to be formed, which shall not be

inconsistent with the provisions of this subdivision. Each such

subsidiary pursuant to this subdivision shall be subject to any

provision of this chapter pertaining to subsidiaries of public

authorities, except that subdivision three of section twenty-eight

hundred twenty-seven-a of this chapter shall not apply to any subsidiary

organized pursuant to this section. The authority may transfer to any

such subsidiary any moneys, property (real, personal or mixed) or

facilities in order to carry out the purposes of this subdivision. Each

such subsidiary shall have all the privileges, immunities, tax

exemptions and other exemptions of the authority to the extent the same

are not inconsistent with the statute or statutes pursuant to which such

subsidiary was incorporated; provided, however, that in any event any

such subsidiary shall be entitled to exemptions from the public service

law and any regulation by, or the jurisdiction of, the public service

commission, except as otherwise provided in this subdivision or

subdivision twenty-seven-b of this section. In exercising the authority

provided for in paragraph (a) of this subdivision, the authority or any

subsidiary thereof, may enter into public-private partnership

agreements, to the extent the authority determines that such

collaborations are in the best interest of the state, and necessary to

mitigate financial risks to the authority to manageable levels as

determined by the trustees. Nothing in this subdivision shall be

construed as authorizing any private entity that enters into a

public-private partnership or a similar agreement, or any contract

authorized herein, with the authority or a subsidiary thereof, to

receive, exercise or claim entitlement to any of the privileges,

immunities, tax exemptions or other exemptions of the authority or any

subsidiary thereof.

(g) The source of any financing and/or loans for any of the actions

authorized in this subdivision may include: (i) the proceeds of notes

issued pursuant to section one thousand nine-a of this title; (ii) the

proceeds of bonds issued pursuant to section one thousand ten of this

title; (iii) other funds made available by the authority for such

purposes; or (iv) any other funds made available to the authority from

non-authority sources including but not limited to state or federal

monies.

(h) For any renewable energy generating project authorized by this

subdivision, identified in the strategic plan and developed after its

effective date, the authority is authorized, pursuant to law and

regulation, to:

(i) sell renewable energy credits or attributes to, the New York state

energy research and development authority, including for the purpose of

supporting the greenhouse gas emission reduction goals in the climate

leadership and community protection act;

(ii) sell renewable power and energy and ancillary services to, or

into, markets operated by the federally designated electric bulk system

operator for New York state;

(iii) sell renewable power and energy and renewable energy credits or

attributes to: (A) any load serving entity in the state, including the

Long Island power authority (directly, or through its service provider,

as appropriate), including but not limited to the purpose of providing

bill credits to low-income or moderate-income end-use electricity

consumers in disadvantaged communities for renewable energy produced by

renewable energy systems as provided for in subdivision twenty-seven-b

of this section;

(B) manufacturers of green hydrogen produced through electrolysis or

other zero-emission technology to displace fossil fuel use in the state

for use at facilities located in the state;

(C) any public entity or authority customer;

(D) community distributed generation providers, energy aggregators and

similar entities for the benefit of subscribers to community distributed

generation projects in the state, including low-income or

moderate-income end-use electricity consumers located in disadvantaged

communities; and

(E) any CCA community.

(i) For purposes of this subdivision, the following terms shall have

the meanings indicated in this paragraph unless the context indicates

another meaning or intent:

(i) "Authority customer" means an entity located in the state to which

the authority sells or is under contract to sell power or energy under

the authority in this title or any other law.

(ii) "CCA community" means one or more municipal corporations located

within the state that have provided for the purchase of power, energy,

or renewable energy credits or other attributes under a CCA program.

(iii) "CCA program" means a community choice aggregation program

approved by the public service commission.

(iv) "Disadvantaged communities" has the meaning ascribed to that term

by subdivision five of section 75-0101 of the environmental conservation

law.

(v) "Public entity" has the same meaning as in subparagraph five of

paragraph (b) of subdivision seventeen of this section.

(vi) "Renewable energy generating project" or "project" means:

(A) facilities that generate power and energy by means of a renewable

energy system;

(B) facilities that store and discharge power and energy; and

(C) facilities, including generator lead lines, for interconnection of

renewable energy generating projects to delivery points within the state

of New York.

(vii) "Renewable energy system" has the same meaning as section

sixty-six-p of the public service law.

(j) The authority shall complete and submit a report, on or before

January thirty-first, two thousand twenty-five, and annually thereafter,

to the governor, the speaker of the assembly, and the temporary

president of the senate, and shall post such report on the authority's

website such that the report is accessible for public review. Such

report shall include, but not be limited to:

(i) a description of the renewable energy projects the authority has

planned, designed, developed, financed, or constructed and that it owns,

operates, maintains or improves, alone or jointly with other entities,

under the authority of this subdivision;

(ii) a description of the acquisition, lease or other disposition of

interests in renewable energy generating projects by the authority under

this subdivision;

(iii) a listing of all renewable power, energy, ancillary services and

related credits and attributes sold or purchased by the authority from

such projects;

(iv) a listing of the entities to which the authority has supplied,

allocated or sold any renewable power, energy, ancillary services or

related credits or attributes from such projects;

(v) a listing and description of all subsidiaries that the authority

formed, public-private partnerships the authority has joined, and the

subsidiaries and public-private partnerships from and to which the

authority acquired or transferred any interests;

(vi) the total amount of revenues generated from the sale of renewable

energy products from such projects; and

(vii) an explanation of how each renewable energy generation project

supports the purposes listed in paragraph (a) of this subdivision.

(k) All renewable energy generating projects subject to this

subdivision and subdivision twenty-seven-b of this section shall be

deemed public work and subject to and performed in accordance with

articles eight and nine of the labor law. Each contract for such

renewable energy generating project shall contain a provision that such

projects may only be undertaken pursuant to a project labor agreement.

For purposes of this subdivision and subdivision twenty-seven-b of this

section, "project labor agreement" shall mean a pre-hire collective

bargaining agreement between the authority, or a third party on behalf

of the authority, and a bona fide building and construction trade labor

organization establishing the labor organization as the collective

bargaining representative for all persons who will perform work on a

public work project, and which provides that only contractors and

subcontractors who sign a pre-negotiated agreement with the labor

organization can perform project work. All contractors and

subcontractors associated with this work shall be required to utilize

apprenticeship agreements as defined by article twenty-three of the

labor law.

(l) The authority shall include requirements in any procurement or

development of a renewable energy generating project, as defined in this

subdivision, that the components and parts shall be produced or made in

whole or substantial part in the United States, its territories or

possessions. The authority's president and chief executive officer, or

his or her designee may waive the procurement and development

requirements set forth in this paragraph if such official determines

that: the requirements would not be in the public interest; the

requirements would result in unreasonable costs; obtaining such

infrastructure components and parts in the United States would increase

the cost of a renewable energy generating project by an unreasonable

amount; or such components or parts cannot be produced, made, or

assembled in the United States in sufficient and reasonably available

quantities or of satisfactory quality. Such determination must be made

on an annual basis no later than December thirty-first, after providing

notice and an opportunity for public comment, and such determination

shall be made publicly available, in writing, on the authority's website

with a detailed explanation of the findings leading to such

determination. If the authority's president and chief executive officer,

or his or her designee, has issued determinations for three consecutive

years finding that no such waiver is warranted pursuant to this

paragraph, then the authority shall no longer be required to provide the

annual determination required by this paragraph.

(m) (i) Nothing in this subdivision or subdivision twenty-seven-b of

this section shall alter the rights or benefits, and privileges,

including, but not limited to terms and conditions of employment, civil

service status, and collective bargaining unit membership, of any

current employees of the authority.

(ii) Nothing in this article shall result in: (A) the discharge,

displacement, or loss of position, including partial displacement such

as a reduction in the hours of non-overtime work, wages, or employment

benefits; (B) the impairment of existing collective bargaining

agreements; (C) the transfer of existing duties and functions; or (D)

the transfer of future duties and functions, of any currently employed

worker of the state or any agency, public authority or the state

university of New York.

(n) The authority shall enter into a memorandum of understanding for

the operation and maintenance of a renewable energy generating project

developed pursuant to this subdivision or subdivision twenty-seven of

this section with a bona fide labor organization of jurisdiction that is

actively engaged in representing transitioning employees from

non-renewable generation facilities. Such memorandum shall be entered

into prior to the completion date of a renewable energy generating

project and shall be an ongoing material condition of authorization to

operate and maintain a renewable energy generating project developed

pursuant to this subdivision or subdivision twenty-seven-b of this

section. The memorandum shall only apply to the employees necessary for

the maintenance and operation of such renewable energy generating

projects. Such memorandum shall contain but not be limited to safety and

training standards, disaster response measures, guaranteed hours,

staffing levels, pay rate protection, and retraining programs. The

employees eligible for these positions shall first be selected from a

pool of transitioning workers who have lost their employment or will be

losing their employment in the non-renewable energy generation sector.

Such list of potential employees will be provided by affected labor

organizations and provided to the department of labor. The department of

labor shall update and provide such list to the authority ninety days

prior to purchase, acquisition, and/or construction of any project under

this subdivision or subdivision twenty-seven-b of this section.

(o) For the purposes of article fifteen-A of the executive law, any

person entering into a contract for a project authorized pursuant to

this section shall be deemed a state agency as that term is defined in

such article and such contracts shall be deemed state contracts within

the meaning of that term as set forth in such article.

* (p) Nothing in this subdivision or subdivision twenty-seven-b of

this section, shall be construed as exempting the authority, its

subsidiaries, or any renewable energy generating projects undertaken

pursuant to this section from the requirements of article VIII of the

public service law respecting any renewable energy system developed by

the authority or an authority subsidiary after the effective date of

this subdivision that meets the definition of "major renewable energy

facility" as defined in article VIII of the public service law, as it

relates to host community benefits, and section 11-0535-c of the

environmental conservation law as it relates to an endangered and

threatened species mitigation bank fund.

* NB Effective until December 31, 2040

* (p) Nothing in this subdivision or subdivision twenty-seven-b of

this section, shall be construed as exempting the authority, its

subsidiaries, or any renewable energy generating projects undertaken

pursuant to this section from the requirements of section ninety-four-c

of the executive law respecting any renewable energy system developed by

the authority or an authority subsidiary after the effective date of

this subdivision that meets the definition of "major renewable energy

facility" as defined in section ninety-four-c of the executive law and

section eight of part JJJ of chapter fifty-eight of the laws of two

thousand twenty, as it relates to host community benefits, and section

11-0535-c of the environmental conservation law as it relates to an

endangered and threatened species mitigation bank fund.

* NB Effective December 31, 2040

(q) All renewable energy generating projects the authority plans to

undertake pursuant to the authority and directive of paragraph (a) of

this subdivision, and identified in the strategic plan, shall be subject

to review and approval of the authority's board of trustees.

27-b. (a) Definitions. For purposes of this subdivision, the following

terms shall have the following meanings:

(i) "bill credit" means a monthly monetary credit which is funded by

the authority, as further determined by the public service commission

and appears on the utility bill of a low-income or moderate-income

end-use electricity consumer located in a disadvantaged community, for

renewable energy produced by renewable energy systems developed,

constructed, owned, or contracted for by the power authority of the

state of New York and injected into a distribution or transmission

facility at one or more points in New York state, together with any

enhanced incentive payments for a community distributed generation

project serving a disadvantaged community provided for in paragraph (b)

of subdivision seven of section sixty-six-p of the public service law,

together with any other funding made available by the authority for such

purposes;

(ii) "disadvantaged community" means a community defined as a

disadvantaged community in accordance with article seventy-five of the

environmental conservation law;

(iii) "jurisdictional load serving entity" has the same meaning as

defined in paragraph (a) of subdivision one of section sixty-six-p of

the public service law;

(iv) "low-income or moderate-income end-use consumer" shall mean

end-use customers of electric corporations and combination gas and

electric corporations regulated by the public service commission whose

income is found to be below the state median income based on household

size;

(v) "renewable energy" means electrical energy produced by a renewable

energy system;

(vi) "renewable energy systems" has the same meaning as defined in

paragraph (b) of subdivision one of section sixty-six-p of the public

service law; and

(vii) "qualified energy storage system" has the same meaning as

defined in subdivision one of section seventy-four of the public service

law.

(b) The authority is authorized and directed, as deemed feasible and

advisable by its trustees, to establish a program, as soon as

practicable, to be known as the "renewable energy access and community

help program" or "REACH", that will enable low-income or moderate-income

end-use electricity consumers in disadvantaged communities, including

such end-use electricity customers who reside in buildings that have

on-site net-metered generation or who participate in a community choice

aggregation or community distributed generation project, unless they opt

out of REACH, to receive bill credits generated by the production of

renewable energy by a renewable energy system planned, designed,

developed, financed, constructed, owned, operated, maintained or

improved, or contracted for by the authority as a renewable energy

generating project pursuant to subdivision twenty-seven-a of this

section. Such bill credits shall be in addition to any other renewable

energy program or any other program or benefit that end-use electricity

consumers in disadvantaged communities receive. For purposes of this

subdivision, a renewable energy system developed, constructed, owned, or

contracted for by the authority shall be: (i) sized up to and including

five megawatts alternating current and interconnected to the

distribution system or transmission system in the service territory of

the electric utility that serves the end-use electricity consumers that

receive bill credits; or (ii) sized above five megawatts alternating

current and interconnected to the distribution or transmission system at

one or more points anywhere within the state.

(c) For purposes of implementing REACH, the authority is authorized

and directed, as deemed feasible and advisable by the trustees, to:

(i) pursuant to the authority provided in paragraph (a) of subdivision

twenty-seven-a of this section, develop, construct, own, and/or operate

renewable energy generating projects;

(ii) contract for the development, construction and/or operation of

renewable energy systems;

(iii) sell, purchase, and otherwise contract regarding renewable

energy, renewable energy credits or attributes and other energy products

and services generated by renewable energy generating projects; and

(iv) enter into contracts for purposes of implementing REACH,

including but not limited to agreements with developers, owners and

operators of renewable energy systems, and agreements with

jurisdictional load serving entities and the Long Island power

authority, or its service provider, to provide for bill credits to

end-use electricity consumers in disadvantaged communities for renewable

energy produced by renewable energy systems, upon terms and conditions

approved by the public service commission pursuant to subdivisions seven

and eight of section sixty-six-p of the public service law.

(d) The authority shall complete and submit a report, on or before

January thirty-first, two thousand twenty-five, and annually thereafter,

to the governor, the speaker of the assembly, the temporary president of

the senate, the minority leader of the assembly, and the minority leader

of the senate which shall be posted on the authority's website, and

shall include, but not be limited to:

(i) contracts entered into by the authority for the development,

construction and/or operation of renewable energy systems that are

intended in whole or in part to support REACH, and the planned location

of such projects;

(ii) renewable energy systems that are being planned and developed or

that have been developed by or for the authority that are intended in

whole or in part to support REACH, and the location of such projects;

(iii) an estimate of the aggregate amount of bill credits provided to

end-use electricity consumers in disadvantaged communities under REACH;

(iv) an estimate of: (A) the total amount of revenues generated from

the sale of renewable capacity, energy, renewable credits or attributes,

and related ancillary services that are used to fund bill credits; and

(B) any other authority funds, as determined to be feasible and

advisable by the trustees, the authority has contributed for the purpose

of funding bill credits under REACH;

(v) the amount of energy produced by each facility; and

(vi) the kilowatt-hour sales by project.

(e) The authority may request from any department, division, office,

commission or other agency of the state or any state public authority,

and the same are authorized to provide, such assistance, services and

data as may be required by the authority in carrying out the purposes of

this subdivision.

(f) Within one year of the effective date of this subdivision, the

authority shall issue a report to the governor, the speaker of the

assembly, the temporary president of the senate, the minority leader of

the assembly, and the minority leader of the senate that addresses the

feasibility and advisability of implementing a program similar to REACH

for the purpose of providing bill credits to low-income or

moderate-income end-use electricity consumers located in disadvantaged

communities in the service territories of municipal distribution

utilities and rural electric cooperatives located in New York state. The

authority may confer with any municipal distribution utility or its

representatives, and any rural electric cooperative or its

representatives, and may request from any municipal distribution

utility, rural electric cooperative, department, division, office,

commission or other agency of the state or state public authority, and

the same are authorized to provide, such assistance, services and data

as may be required by the authority to complete the report.

(g) Nothing in this subdivision shall be construed as authorizing any

private entity that enters into a public-private partnership or a

similar agreement, or any contract authorized herein, with the authority

or an authority subsidiary, to receive, exercise or claim entitlement to

any of the privileges, immunities, tax exemptions or other exemptions of

the authority or any authority subsidiary.

27-c. (a) Within two years of the effective date of this subdivision,

the authority shall publish a plan providing for the proposed phase out,

by December thirty-first, two thousand thirty, of the production of

electric energy from its small natural gas power plants. The plan shall

include a proposed strategy to replace, where appropriate, the small

natural gas power plants with renewable energy systems, as defined in

section sixty-six-p of the public service law, including renewable

energy generating projects authorized pursuant to subdivision

twenty-seven-a of this section provided such projects shall be included

in the strategic plan established pursuant to subdivision twenty-seven-a

of this section. By December thirty-first, two thousand thirty, the

authority shall cease production of electricity at each of its small

natural gas power plants should the authority determine that such plant

or plants, or the electricity production therefrom are not needed for

any of the following purposes: (i) emergency power service; or (ii)

electric system reliability, including but not limited to, operating

facilities to maintain power system requirements for facility thermal

limits, voltage limits, frequency limits, fault current duty limits, or

dynamic stability limits, in accordance with the system reliability

standards of the North American electric reliability corporation,

criteria of the northeast power coordinating council, rules of the New

York state reliability council, and as applicable, reliability rules of

the utility in whose service territory a small natural gas power plant

is located. Notwithstanding any other provision of this paragraph, the

authority may continue to produce electric energy at any of the small

natural gas power plants if existing or proposed replacement generation

resources would result in more than a de minimis net increase of

emissions of carbon dioxide or criteria air pollutants within a

disadvantaged community as defined in subdivision five of section

75-0101 of the environmental conservation law. The authority shall file

deactivation notices with the federally designated electric bulk system

operator for the state of New York for the purpose of ceasing

electricity production from the small natural gas power plants in a

timeframe sufficient to facilitate the cessation of electricity

production pursuant to this paragraph.

(b) In determining whether to cease electricity production from any

small natural gas power plant, the authority is authorized to confer

with the federally designated electric bulk system operator for the

state, the New York state energy research and development authority, the

department of public service, and the distribution utility in whose

service territory such small natural gas power plant operates, in

addition to such other stakeholders as the authority determines to be

appropriate. Determinations shall be on a plant by plant basis, be

updated no less than every two years, and be made publicly available

along with the supporting documentation on which the determination was

based. In making such determinations, the authority shall provide an

opportunity for public comment of not less than sixty days prior to the

public hearing and shall hold at least one public hearing in the

affected community.

(c) Nothing in this subdivision is intended to, nor shall be construed

to, prohibit the authority in its discretion from using, or permitting

the use of, including through lease, sale, or other arrangement, any

small natural gas power plant or its site or associated infrastructure

in whole or in part for electric system purposes that does not involve

the combustion of fossil fuels, including, but not limited to providing

system voltage support, energy storage, interconnection of existing or

new renewable generation, or the use of the generator step up

transformers and substations for transmission or distribution purposes

provided that such use, lease, sale, or other arrangement shall comply

with existing law.

(d) For purposes of this subdivision, the term "small natural gas

power plant" or "plant" means each of the seven electric generating

power plants owned and operated by the authority located at six sites in

Bronx, Brooklyn, Queens and Staten Island and one site in Brentwood,

Suffolk county, which each use one or more simple cycle combustion

turbine units, totaling eleven units, fueled by natural gas and which

typically operate during periods of peak electric system demand.

27-d. Beginning in state fiscal year two thousand twenty-four--two

thousand twenty-five, the authority is authorized, as deemed feasible

and advisable by the trustees, to make available an amount up to

twenty-five million dollars annually to the department of labor to fund

programs established or implemented by or within the department of

labor, including but not limited to the office of just transition and

programs for workforce training and retraining, to prepare workers for

employment for work in the renewable energy field.

28. The authority may establish a subsidiary corporation for the

purpose of forming a pure captive insurance company as provided in

section seven thousand two of the insurance law. The members of such

subsidiary corporation of the authority shall be the same persons

holding the offices of members of the authority. The employees of any

such subsidiary corporation, except those who are also employees of the

authority, shall not be deemed employees of the authority.

29. (a) Notwithstanding any other provision of law, the authority is

authorized, as deemed feasible and advisable by the trustees, to enter

into lease agreements with other state instrumentalities and municipal

entities for the use of excess capacity in the authority's fiber optic

communications infrastructure to provide affordable, high-speed

broadband in unserved and underserved communities in the state.

(b) Any excess fiber optic communication infrastructure leased out by

the authority to a state instrumentality or municipal entity pursuant to

paragraph (a) of this subdivision shall be at a rate that is no greater

than necessary to cover the cost of maintenance of such fiber optic

communications infrastructure, provided that this paragraph shall not

limit the authority from recovering other costs it incurs to make such

excess capacity available in unserved and underserved communities in the

state.

(c) Lease agreements authorized pursuant to paragraph (a) of this

subdivision shall allow for further sublease agreements between state

instrumentalities and municipal entities and internet service providers

for the use of such fiber optic communications infrastructure for the

purpose of providing affordable, high-speed broadband in unserved and

underserved communities in the state.

(d) Lease agreements authorized pursuant to paragraph (a) of this

subdivision, and sublease agreements authorized pursuant to paragraph

(c) of this subdivision, shall be subject to review and comment by the

division of broadband access within the empire state development

corporation in consultation with the public service commission.

(e) Nothing in this subdivision is intended to limit, impair, or

affect the legal authority of the authority that existed as of the

effective date of this subdivision.

30. To establish decarbonization action plans for state-owned

facilities as provided for in section ninety of the public buildings

law, and to consult, cooperate, and coordinate with any state entity, as

required or authorized in article four-D of the public buildings law.

The authority is authorized to allocate up to seventy megawatts of

unallocated power from the Niagara project sold prior to the effective

date of this paragraph as replacement power, up to thirty-eight and

six-tenths megawatts of preservation power from the Saint Lawrence-FDR

project which is relinquished or withdrawn after the effective date of

this paragraph, and for the period ending on December thirty-first, two

thousand six, up to an additional twenty megawatts of power from the

Saint Lawrence-FDR project which is unallocated as of the effective date

of this paragraph, for sale into the wholesale market, the net earnings

from which and such other funds of the authority as deemed feasible and

advisable by the trustees, shall be used for energy cost savings

benefits. Such energy cost savings benefits shall be made upon

recommendation of the economic development power allocation board,

pursuant to subdivision (h) of section one hundred eighty-three of the

economic development law. For purposes of this paragraph, the term net

earnings shall mean any excess of revenues earned from the sale of such

power allocated to the wholesale market from the Niagara and Saint

Lawrence-FDR projects over the revenues that would have been received

had such firm power been allocated and sold on a firm basis by the

authority prior to the effective date of this paragraph.

The governor shall establish a temporary commission on the future of

New York state power programs for economic development as soon as

practicable but no later than May first, two thousand six. On or before

December first, two thousand six, the commission shall make

recommendations to the governor and the legislature on whether to

continue, modify, expand or replace the state's economic development

power programs, including but not limited to the power for jobs program

and the energy cost savings benefit program, and shall recommend

legislative language necessary to implement its recommendations. The

commission shall consist of eleven members, comprised of five members

appointed by the governor, one of whom he or she shall designate as

chairperson, two members by the speaker of the assembly, two members by

the temporary president of the senate, one member by the minority leader

of the assembly and one member by the minority leader of the senate.