S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5081
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 12, 2015
                                      ___________
       Introduced  by M. of A. GOODELL -- read once and referred to the Commit-
         tee on Corporations, Authorities and Commissions
       AN ACT to require the power authority  of  the  state  of  New  York  to
         conduct  an  analysis  of  the  economic viability of certain electric
         generating facilities
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Within 90 days of the effective date of this act, the power
    2  authority  of  the  state  of  New York shall conduct an analysis of the
    3  current economic viability of load producing electric generating facili-
    4  ties in the counties of Chautauqua, Tompkins and Niagara, and as  deemed
    5  feasible  and  advisable  by the trustees of such authority, taking full
    6  consideration of the requirements and  viability  of  the  entire  power
    7  generating  system needs of the state of New York with special consider-
    8  ation of the ratepayers and taxpayers in  Western  New  York,  recommend
    9  entering  into  a purchase power agreement with the owners and operators
   10  of such facilities. Such power purchase agreements  shall  be  effective
   11  upon  the  conclusion  of such 90 day period and be designed to maintain
   12  said facilities power production capacities  at  a  rate  sufficient  to
   13  ensure  at  least three years worth of no less than a level of operating
   14  income necessary to allow said facilities to remain open and functioning
   15  reliably and safely and fully staffed at  at  least  ninety  percent  of
   16  current employment levels, payrolls and local community benefits.
   17    S 2.  Notwithstanding any limitations or conditions contained in para-
   18  graph 8 of subdivision (a) and paragraph 7 of subdivision (c) of section
   19  188-a  of the economic development law, any power purchased by the power
   20  authority of the state of New York pursuant to section one of  this  act
   21  shall  be  considered  Recharge New York power, and shall be utilized to
   22  augment Recharge New York power allocations for eligible  businesses  as
   23  defined  in  paragraph 5 or 7 of subdivision (a) of section 188-a of the
   24  economic development law that are recommended for a  Recharge  New  York
   25  power allocation pursuant to part CC of chapter 60 of the laws of 2011.
   26    S 3. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09051-01-5