S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10233
 
                           I N  A S S E M B L Y
 
                              March 26, 2018
                                ___________
 
 Introduced  by M. of A. WALLACE -- read once and referred to the Commit-
   tee on Energy
 
 AN ACT to amend the economic development law, in  relation  to  enacting
   the take charge New York power program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 188-a of the economic development law is amended by
 adding a new subdivision (i) to read as follows:
   (I) ANY APPLICANT CURRENTLY  RECEIVING  PROCEEDS  UNDER  THIS  SECTION
 SHALL  ALSO BE PERMITTED TO APPLY FOR BENEFITS UNDER SECTION ONE HUNDRED
 EIGHTY-EIGHT-B OF THIS ARTICLE.
   § 2. The economic development law is amended by adding a  new  section
 188-b to read as follows:
   § 188-B. TAKE CHARGE NEW YORK POWER PROGRAM. (A) DEFINITIONS.  FOR THE
 PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   (1) "APPLICABLE CRITERIA" SHALL MEAN THE CRITERIA SPECIFIED IN  SUBDI-
 VISION (C) OF THIS SECTION.
   (2)  "AUTHORITY"  SHALL  MEAN  THE POWER AUTHORITY OF THE STATE OF NEW
 YORK.
   (3) "ELIGIBLE APPLICANT" SHALL MEAN  AN  ELIGIBLE  BUSINESS,  ELIGIBLE
 SMALL  BUSINESS, ELIGIBLE INDUSTRIAL DEVELOPMENT AGENCY OR ELIGIBLE NOT-
 FOR-PROFIT CORPORATION AS DEFINED IN  THIS  SECTION,  PROVIDED  HOWEVER,
 THAT  AN  ELIGIBLE  APPLICANT  SHALL  NOT  INCLUDE  RETAIL BUSINESSES AS
 DEFINED BY THE BOARD,  INCLUDING,  WITHOUT  LIMITATION,  SPORTS  VENUES,
 GAMING  OR  ENTERTAINMENT-RELATED  ESTABLISHMENTS OR PLACES OF OVERNIGHT
 ACCOMMODATION.
   (4) "ELIGIBLE BUSINESS" SHALL MEAN A BUSINESS OTHER  THAN  A  NOT-FOR-
 PROFIT  CORPORATION  WHICH  NORMALLY  UTILIZES  A  MINIMUM PEAK ELECTRIC
 DEMAND IN EXCESS OF FOUR HUNDRED KILOWATTS.
   (5) "ELIGIBLE NOT-FOR-PROFIT CORPORATION"  SHALL  MEAN  A  CORPORATION
 DEFINED IN SUBPARAGRAPH FIVE OF PARAGRAPH (A) OF SECTION ONE HUNDRED TWO
 OF THE NOT-FOR-PROFIT CORPORATION LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14762-01-8

 A. 10233                            2
 
   (6)  "ELIGIBLE SMALL BUSINESS" SHALL MEAN A BUSINESS OTHER THAN A NOT-
 FOR-PROFIT CORPORATION WHICH NORMALLY UTILIZES A MINIMUM  PEAK  ELECTRIC
 DEMAND EQUAL TO OR LESS THAN FOUR HUNDRED KILOWATTS.
   (7)  "MICROGRID"  SHALL  MEAN  A  GROUP  OF  INTERCONNECTED  LOADS AND
 DISTRIBUTED ENERGY RESOURCES WITHIN CLEARLY DEFINED  ELECTRICAL  BOUNDA-
 RIES  THAT ACTS AS A SINGLE CONTROLLABLE ENTITY WITH RESPECT TO THE GRID
 AND THAT DISCONNECTS FROM SUCH GRID TO ENABLE  IT  TO  OPERATE  IN  BOTH
 GRID-CONNECTED OR ISLAND MODE. ANY ENTITY PROVIDING MICROGRID TECHNOLOGY
 SHALL BE STRUCTURED AS A SPECIAL PURPOSE ENTITY.
   (8)  "INFRASTRUCTURE"  SHALL  MEAN THE COMPONENTS NECESSARY FOR TRANS-
 MISSION AND DISTRIBUTION OF ENERGY ON THE MICROGRID.
   (9) "TAKECHARGE NEW YORK POWER" SHALL MEAN A SUBSIDY PROVIDED  BY  THE
 AUTHORITY,  SUBJECT  TO  AN EQUITY ASSURANCE TO BE MATCHED BY THE APPLI-
 CANT, TO COVER THE DEVELOPMENT AND INFRASTRUCTURE NEEDED TO INSTALL  AND
 MAINTAIN  A  MICROGRID  AT  EACH  APPLICANT'S  PLACE  OF BUSINESS, AS IT
 RELATES TO A MICROGRID THE ALLOCATION WOULD BE THE VALUE OF THE MONETARY
 EQUIVALENT OF THE POWER ALLOCATION THAT WOULD HAVE  BEEN  GRANTED  UNDER
 SECTION ONE HUNDRED EIGHTY-EIGHT-A OF THIS ARTICLE.
   (B)  APPLICATIONS  FOR  TAKECHARGE  NEW  YORK POWER. (1) THE BOARD MAY
 SOLICIT APPLICATIONS FOR TAKECHARGE NEW YORK  POWER  UNDER  THE  PROGRAM
 CREATED BY THIS SECTION BY PUBLIC NOTICE BEGINNING NO LATER THAN SEPTEM-
 BER  FIRST,  TWO  THOUSAND  NINETEEN.  SUCH NOTICE MAY INCLUDE NEWSPAPER
 ADVERTISEMENTS, PRESS RELEASES, WEBSITE POSTINGS,  PAPER  OR  ELECTRONIC
 MAILING, AND/OR SUCH OTHER FORM OF NOTICE AS THE BOARD FINDS APPROPRIATE
 IN CONSULTATION WITH THE AUTHORITY. THE BOARD SHALL ALSO WORK WITH LOCAL
 INDUSTRIAL   DEVELOPMENT  AGENCIES  AND  ECONOMIC  DEVELOPMENT  AGENCIES
 LOCATED THROUGHOUT THE STATE TO IDENTIFY AND SOLICIT  APPLICATIONS  FROM
 BUSINESSES  AND  CORPORATE  PARKS  THAT  MEET  THE CRITERIA SET FORTH IN
 SUBDIVISION (C) OF THIS SECTION.
   (2) APPLICATIONS FOR TAKECHARGE NEW YORK POWER ALLOCATIONS SHALL BE IN
 THE FORM AND CONTAIN SUCH INFORMATION, EXHIBITS AND SUPPORTING  DATA  AS
 THE  BOARD PRESCRIBES IN CONSULTATION WITH THE AUTHORITY. A COPY OF EACH
 APPLICATION RECEIVED SHALL BE MADE AVAILABLE FOR REVIEW  BY  EACH  BOARD
 MEMBER, AND A COPY SHALL BE PROVIDED TO THE AUTHORITY.
   (3)  SUBJECT  TO  CONFIDENTIALITY  REQUIREMENTS,  UPON RECEIPT OF EACH
 APPLICATION FROM THE BOARD, THE AUTHORITY SHALL PROMPTLY NOTIFY BY ELEC-
 TRONIC MEANS, INCLUDING WEBSITE POSTINGS  AND  SUCH  OTHER  METHODS  THE
 BOARD  DEEMS  APPROPRIATE IN CONSULTATION WITH THE AUTHORITY, THE GOVER-
 NOR, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF  THE  ASSEMBLY,
 THE  TEMPORARY  PRESIDENT  OF  THE  SENATE,  THE  MINORITY LEADER OF THE
 SENATE, AND EACH MEMBER OF THE STATE LEGISLATURE IN WHOSE  DISTRICT  ANY
 PORTION OF THE FACILITY FOR WHICH AN ALLOCATION IS REQUESTED IS LOCATED.
 SUCH  NOTICE  SHALL PROVIDE THE NAME AND A DESCRIPTION OF THE APPLICANT,
 AND THE ADDRESS OF THE FACILITY FOR WHICH THE ALLOCATION  IS  REQUESTED.
 THE AUTHORITY SHALL ALSO DEVELOP A LISTING WHICH CONTAINS THE NAME AND A
 DESCRIPTION  OF  EACH  APPLICANT,  THE TAKECHARGE NEW YORK POWER BENEFIT
 SOUGHT BY EACH APPLICANT, AND THE ADDRESS OF THE FACILITY FOR WHICH  THE
 APPLICANT REQUESTS THE BENEFIT, AND SHALL MAKE THE LISTING AVAILABLE FOR
 PUBLIC REVIEW ON THE AUTHORITY'S WEBSITE.
   (4)  APPLICATIONS MAY BE MADE BY MULTIPLE ELIGIBLE APPLICANTS, SUBJECT
 TO ACCEPTANCE BY THE BOARD, IF EACH ELIGIBLE APPLICANT IS LOCATED  IN  A
 GEOGRAPHIC PROXIMITY TO EACH OTHER. THE BOARD SHALL SET THE REQUIREMENTS
 OF  WHAT  CONSTITUTES  GEOGRAPHIC  PROXIMITY. THE BOARD SHALL TREAT SUCH
 COMBINED APPLICATIONS AS A SINGLE APPLICATION, AND  USE  THE  CUMULATIVE
 TOTALS  WHEN  EVALUATING  THE APPLICABLE CRITERIA SET FOR IN SUBDIVISION
 (C) OF THIS SECTION.

 A. 10233                            3
 
   (5) APPLICATIONS MAY BE MADE  BY  AN  INDUSTRIAL  DEVELOPMENT  AGENCY,
 SUBJECT  TO  ACCEPTANCE BY THE BOARD, IF THE BOARD DETERMINES THE INDUS-
 TRIAL DEVELOPMENT AGENCY'S APPLICATION IS FEASIBLE WITH MICROGRID  TECH-
 NOLOGY.
   (C)  REVIEW  APPLICABLE  CRITERIA  AND  RECOMMENDATIONS. (1) THE BOARD
 SHALL REVIEW APPLICATIONS SUBMITTED UNDER THE TAKECHARGE NEW YORK  POWER
 PROGRAM.    THE BOARD SHALL MAKE AN INITIAL DETERMINATION OF WHETHER THE
 APPLICANT IS AN ELIGIBLE APPLICANT. IN THE  CASE  OF  MULTIPLE  ELIGIBLE
 APPLICANTS  OR AN INDUSTRIAL DEVELOPMENT AGENCY MAKING A SINGLE APPLICA-
 TION, THE BOARD SHALL TREAT  THE  CUMULATIVE  APPLICATION  AS  A  SINGLE
 APPLICATION.  IN THE CASE OF AN ELIGIBLE APPLICANT, THE BOARD MAY RECOM-
 MEND TO THE AUTHORITY THAT AN ALLOCATION OF A MICROGRID BE AWARDED TO AN
 APPLICANT FOR A FACILITY LOCATED IN THE  STATE  OF  NEW  YORK  BASED  ON
 CONSIDERATION OF THE FOLLOWING CRITERIA WHICH SHALL BE CONSIDERED IN THE
 AGGREGATE AND NO ONE OF WHICH SHALL BE PRESUMPTIVELY DETERMINATIVE:
   (I) THE SIGNIFICANCE OF THE COST OF OVERALL ENERGY USAGE TO THE APPLI-
 CANT'S  OVERALL COST OF DOING BUSINESS, AND THE IMPACT THAT A TAKECHARGE
 NEW YORK POWER ALLOCATION WILL HAVE ON THE APPLICANT'S OPERATING COSTS;
   (II) THE EXTENT TO WHICH A TAKECHARGE  NEW  YORK  POWER  BENEFIT  WILL
 RESULT IN NEW CAPITAL INVESTMENT IN THE STATE BY THE APPLICANT;
   (III)  THE  EXTENT  TO  WHICH  A  TAKECHARGE NEW YORK POWER BENEFIT IS
 CONSISTENT WITH ANY REGIONAL ECONOMIC DEVELOPMENT COUNCIL STRATEGIES AND
 PRIORITIES;
   (IV) THE TYPE AND COST OF BUILDINGS, EQUIPMENT AND  FACILITIES  TO  BE
 CONSTRUCTED,  ENLARGED  OR  INSTALLED IF THE APPLICANT WERE TO RECEIVE A
 BENEFIT;
   (V) THE APPLICANT'S PAYROLL, SALARIES, BENEFITS AND NUMBER OF JOBS  AT
 THE FACILITY FOR WHICH A TAKECHARGE NEW YORK POWER BENEFIT IS REQUESTED;
   (VI)  THE  NUMBER  OF JOBS THAT WILL BE CREATED OR RETAINED WITHIN THE
 STATE IN RELATION TO THE REQUESTED TAKECHARGE NEW  YORK  POWER  BENEFIT,
 AND  THE  EXTENT TO WHICH THE APPLICANT WILL AGREE TO COMMIT TO CREATING
 OR RETAINING SUCH JOBS AS A CONDITION TO RECEIVING A TAKECHARGE NEW YORK
 POWER BENEFIT;
   (VII) WHETHER THE APPLICANT, DUE TO THE COST OF ENERGY, IS AT RISK  OF
 CLOSING  OR CURTAILING FACILITIES OR OPERATIONS IN THE STATE, RELOCATING
 FACILITIES OR OPERATIONS OUT OF  THE  STATE,  OR  LOSING  A  SIGNIFICANT
 NUMBER  OF  JOBS  IN  THE STATE, IN THE ABSENCE OF A TAKECHARGE NEW YORK
 BENEFIT;
   (VIII) THE SIGNIFICANCE OF THE APPLICANT'S FACILITY THAT WOULD RECEIVE
 THE TAKECHARGE NEW YORK BENEFIT TO THE ECONOMY OF THE AREA IN WHICH SUCH
 FACILITY IS LOCATED;
   (IX) WILL AGREE TO PLACE AN EQUITY AMOUNT, TO  BE  DETERMINED  BY  THE
 BOARD,  FOR  THE  INSTALLATION  AND MAINTENANCE OF A MICROGRID AND TO BE
 RELEASED UPON REIMBURSEMENT  OF  THE  SUBSIDY  AMOUNT  PROVIDED  BY  THE
 AUTHORITY;
   (X)  IN  ADDITION TO THE FOREGOING CRITERIA, IN THE CASE OF A NOT-FOR-
 PROFIT CORPORATION, WHETHER THE APPLICANT PROVIDES CRITICAL SERVICES  OR
 SUBSTANTIAL  BENEFITS  TO  THE LOCAL COMMUNITY IN WHICH THE FACILITY FOR
 WHICH THE BENEFIT IS REQUESTED IS LOCATED;
   (XI) THE MINIMUM LOAD REQUIREMENTS BY THE APPLICANT; AND
   (XII) IN ADDITION TO THE FOREGOING CRITERIA, THE APPLICANT  MUST  ALSO
 AGREE  TO  PAY  BACK THE SUBSIDY PROVIDED BY THE AUTHORITY FOR MICROGRID
 DEVELOPMENT, UNDER A TIMELINE DEVELOPED BY THE BOARD.
   (2) A RECOMMENDATION BY THE BOARD THAT THE AUTHORITY PROVIDE A  TAKEC-
 HARGE  NEW  YORK POWER BENEFIT IN THE FORM OF A MICROGRID TO AN ELIGIBLE
 APPLICANT SHALL INCLUDE, BUT NEED NOT BE LIMITED TO:

 A. 10233                            4

   (I) AN EFFECTIVE INITIAL TERM OF THE  CONTRACT  BETWEEN  THE  ELIGIBLE
 APPLICANT AND THE AUTHORITY WHICH SHALL NOT EXCEED THE EFFECTIVE LIFE OF
 THE MICROGRID;
   (II)  PROVISIONS  FOR  EFFECTIVE PERIODIC AUDITS OF THE RECIPIENT OF A
 BENEFIT FOR THE PURPOSE OF DETERMINING CONTRACT AND PROGRAM  COMPLIANCE,
 AND FOR THE PARTIAL OR COMPLETE WITHDRAWAL OF A BENEFIT IF THE RECIPIENT
 FAILS  TO  MAINTAIN MUTUALLY AGREED UPON COMMITMENTS, RELATING TO, AMONG
 OTHER THINGS, EMPLOYMENT  LEVELS,  CAPITAL  INVESTMENTS,  AND/OR  ENERGY
 EFFICIENCY MEASURES;
   (III)  A REQUIREMENT FOR AN AGREEMENT BY THE RECIPIENT OF A BENEFIT TO
 (A) UNDERTAKE AT ITS OWN EXPENSE AN ENERGY AUDIT OF  ITS  FACILITIES  AT
 WHICH RECEIVES THE BENEFIT AT LEAST ONCE DURING THE TERM OF THE CONTRACT
 BUT IN ANY EVENT NOT LESS THAN ONCE EVERY FIVE YEARS, PROVIDED, HOWEVER,
 THAT  SUCH  REQUIREMENT  MAY BE WAIVED OR MODIFIED BY THE AUTHORITY ON A
 SHOWING OF GOOD CAUSE BY THE RECIPIENT, AND (B)  PROVIDE  THE  AUTHORITY
 WITH  A  COPY  OF ANY SUCH AUDIT OR, AT THE AUTHORITY'S OPTION, A REPORT
 DESCRIBING  THE  RESULTS  OF  SUCH  AUDIT,  AND  PROVIDE   DOCUMENTATION
 REQUESTED  BY  THE AUTHORITY RELATING TO THE IMPLEMENTATION OF ANY EFFI-
 CIENCY MEASURES AT THE FACILITIES;
   (IV) A REQUIREMENT FOR AN AGREEMENT BETWEEN THE RECIPIENT OF AN  ALLO-
 CATION AND THE AUTHORITY FOR THE INSTALLATION OF A MICROGRID AND MAINTE-
 NANCE OF SUCH EQUIPMENT FOR A PERIOD OF YEARS; AND
   (V)  A  REQUIREMENT  FOR AN AGREEMENT BY THE RECIPIENT OF A BENEFIT TO
 (A) MAKE ITS FACILITIES AVAILABLE AT REASONABLE TIMES AND INTERVALS  FOR
 ENERGY  AUDITS  AND  RELATED  ASSESSMENTS  THAT THE AUTHORITY DESIRES TO
 PERFORM, IF ANY, AT THE AUTHORITY'S OWN EXPENSE, AND (B) PROVIDE  INFOR-
 MATION  REQUESTED BY THE AUTHORITY OR ITS DESIGNEE IN SURVEYS, QUESTION-
 NAIRES AND OTHER INFORMATION REQUESTS RELATING TO ENERGY EFFICIENCY  AND
 ENERGY-RELATED PROJECTS, PROGRAMS AND SERVICES.
   (3) THE BOARD MAY BASE ITS RECOMMENDATION ON WHICH ELIGIBLE APPLICANTS
 IT DETERMINES BEST MEET THE APPLICABLE CRITERIA.
   (4)  THE  BOARD  SHALL  ISSUE  A WRITTEN STATEMENT OF ITS FINDINGS AND
 CONCLUSIONS WITH RESPECT TO EVERY APPLICATION AND THE  REASONS  FOR  ITS
 RECOMMENDATION TO THE AUTHORITY.
   (5)  A  RECOMMENDATION  FOR  A TAKECHARGE NEW YORK POWER BENEFIT SHALL
 QUALIFY AN APPLICANT TO ENTER INTO A CONTRACT WITH THE AUTHORITY  PURSU-
 ANT  TO  THE TERMS AND CONDITIONS OF THE RECOMMENDATION BY THE BOARD AND
 ON SUCH OTHER TERMS AS THE AUTHORITY DETERMINES TO BE APPROPRIATE.
   (D) THE AUTHORITY SHALL, AT A MINIMUM, REPORT QUARTERLY TO  THE  BOARD
 ON THE SUCCESS OF THE TAKECHARGE NEW YORK BENEFITS.
   (E)  FOR  THE  PURPOSES  OF  THIS SECTION, THE AUTHORITY SHALL OWN AND
 MAINTAIN ALL MICROGRID INFRASTRUCTURE, AND  SHALL  USE  ITS  POWERS  SET
 FORTH  IN  SECTION  ONE  THOUSAND  FIVE OF THE PUBLIC AUTHORITIES LAW TO
 IMPLEMENT ANY MICROGRID INFRASTRUCTURE.
   (F) (1) THE BOARD, IN CONSULTATION WITH THE AUTHORITY, SHALL SUBMIT TO
 THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF  THE  ASSEM-
 BLY,  MINORITY  LEADER OF THE SENATE AND MINORITY LEADER OF THE ASSEMBLY
 AN EVALUATION OF THE EFFECTIVENESS OF  THE  TAKECHARGE  NEW  YORK  POWER
 PROGRAM. SUCH EVALUATION SHALL FOCUS ON HOW THE PROGRAM HAS AIDED RECIP-
 IENTS  OF MICROGRID, AND MAY INCLUDE RECOMMENDATIONS FOR HOW THE PROGRAM
 CAN BE MADE MORE EFFECTIVE. SUCH EVALUATION SHALL BE SUBMITTED BY DECEM-
 BER THIRTY-FIRST, TWO THOUSAND EIGHTEEN  AND  BY  DECEMBER  THIRTY-FIRST
 EVERY FIVE YEARS THEREAFTER.
   (2)  THE BOARD, WITH ASSISTANCE FROM THE AUTHORITY, SHALL MAINTAIN THE
 NECESSARY RECORDS AND DATA  REQUIRED  TO  PERFORM  SUCH  EVALUATION  AND

 A. 10233                            5
 
 RESPOND  TO  REQUESTS  FOR  INFORMATION  PURSUANT  TO ARTICLE SIX OF THE
 PUBLIC OFFICERS LAW.
   (G)  THE  AUTHORITY  SHALL  HAVE THE POWER TO EFFECTUATE ALL NECESSARY
 REGULATIONS TO CARRY OUT THE INTENT AND PURPOSE OF THIS CHAPTER.
   (H) NOTHING IN THIS SECTION SHALL  PROHIBIT  AN  APPLICANT  FROM  ALSO
 RECEIVING  POWER ALLOCATIONS UNDER SECTION ONE HUNDRED EIGHTY-EIGHT-A OF
 THIS ARTICLE.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.