NY State Senate Bill 2009-S316

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to energy and telecommunications
Jan 07, 2009	referred to energy and telecommunications

2009-S316 (ACTIVE) - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Authorities Law
Laws Affected:: Amd §1005, Pub Auth L

2009-S316 (ACTIVE) - Summary

Provides that fifty per centum of relinquished or withdrawn power shall be allocated within twelve months to new or expanding businesses within the state that are located within thirty miles of the Niagara project.

2009-S316 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S316

 TITLE OF BILL :
An act to amend the public authorities law, in relation to the
allocation of power from the Niagara project


 PURPOSE :
This bill balances the need to attract new jobs with the need to
retain existing ones located in New York State within thirty miles of
the Niagara Power Project.

  SUMMARY OF PROVISIONS :
Amends the opening paragraph of subdivision 13 of section 1005 of the
public authorities law to require that when businesses located in New
York State within thirty miles of the Niagara Power Project relinquish
or have been withdrawn from receipt of Expansion Power provided under
the public authorities law, the relinquished or withdrawn power shall
be redistributed to businesses within the State located within 30
miles of the Project. Fifty percent of such power shall be allocated
to new or expanding businesses and fifty percent shall be allocated to
existing businesses in the State within the specified 30 miles of the
Niagara Power Project.

 JUSTIFICATION :
Before Western New York can experience any semblance of economic

growth via new business creations and existing business expansions, it
is vital and  necessary that an effort to retain existing businesses
begins.  Statistics from the U.S. Bureau of Labor Statistics indicate
that from 1995-2000, manufacturing jobs in the Buffalo-Niagara Falls
Metropolitan Area decreased by 5.4%. Recently, the Niagara and Erie
County economies have been further victimized by plant closings or
layoffs, including Globe Metallurgical, SGL Carbon, Occidental
Chemical, Alox, Nabisco, Moore Business Forms Research Development,
Elkem and UCAR Carbon.

In light of these and other indicators of economic decline, especially
in the manufacturing and industrial sectors, more needs to be done to
retain existing businesses in the region. The struggling economies of
Western New York will not grow until the core, existing businesses
realize economic stability. To this end, it is imperative for job
retention, in concert with job creation, be the focus of any
reallocation of Expansion Power in Western New York.

The irony that plant closings abound in the very region responsible
for the Niagara Power Project is not lost on the residents of Western
New York. Upon the inception of the Niagara Power Project, the State
Legislature predicted that "industrial activities in the area  would
be  expanded and increased through the availability of low-cost power
from such new hydro-electric power project" (Chapter 792 of the Laws
of 1958). However, less than half a century later, this promise has
not been realized. In fact, many of the industries in Western New York
are struggling just to stay afloat.

This bill is the first step in ensuring that those existing businesses
that have been the backbone of Western New York's industrial base be
given an equal opportunity to share in any reallocation of Expansion
Power with those businesses new to or expanding in Western New York.
This bill balances the need to attract new jobs with the need to
retain existing ones.

 LEGISLATIVE HISTORY :
S.2854/A.4903 of 2003/2004; Referred to Senate Energy Committee
S.15/A.11665 of 2005/2006; Referred to Senate Energy Committee
S.120 of 2007-2008; Referred to Senate Energy Committee

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
Immediately.

2009-S316 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   316

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations

AN  ACT  to  amend  the public authorities law, in relation to the allo-
  cation of power from the Niagara project

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The opening paragraph of subdivision 13 of section 1005 of
the public authorities law, as amended by chapter 645  of  the  laws  of
2006, is amended to read as follows:
  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 mega-
watts 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01234-01-9

S. 316                              2

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  condi-
tions  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 contrac-
tual 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.  Expan-
sion 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.] REQUIRE THAT FIFTY  PER  CENTUM  OF  RELINQUISHED  OR
WITHDRAWN  POWER  BE  ALLOCATED WITHIN TWELVE MONTHS TO NEW OR EXPANDING
BUSINESSES WITHIN THE STATE LOCATED WITHIN THIRTY MILES OF  THE  NIAGARA
PROJECT  IN  ACCORDANCE  WITH PARAGRAPH (A) OF THIS SUBDIVISION AND THAT
FIFTY PER CENTUM OF RELINQUISHED OR WITHDRAWN POWER BE ALLOCATED  WITHIN
NINETY DAYS TO EXISTING BUSINESSES WITHIN THE STATE LOCATED WITHIN THIR-
TY MILES OF THE NIAGARA PROJECT IN ACCORDANCE WITH PARAGRAPH (B) OF THIS
SUBDIVISION.
  S 2. This act shall take effect immediately.

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Senate Bill S316

Sponsored By

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

2009-S316 (ACTIVE) - Details

2009-S316 (ACTIVE) - Summary

2009-S316 (ACTIVE) - Sponsor Memo

2009-S316 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S316

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Sponsored By

George D. Maziarz

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

2009-S316 (ACTIVE) - Details

2009-S316 (ACTIVE) - Summary

2009-S316 (ACTIVE) - Sponsor Memo

2009-S316 (ACTIVE) - Bill Text download pdf

Comments