What's happening
Writing a plain-English summary… Track this bill to get it by email.
Why it matters
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Sponsors
2 Co-sponsors
History
- Reported and committed to finance
- Print number 5835a
- Amend and recommit to energy and telecommunications
- Referred to energy and telecommunications
- Referred to rules
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S5835A
Title of bill
An act to amend the economic development law and the public authorities law, in relation to establishing the western New York power proceeds allocation board; and to repeal chapter 436 of the laws of 2010 amending the public authorities law and the economic development law, relating to authorizing unallocated expansion or replacement power to be allocated for western New York economic development fund benefits
Purpose
To require the Power Authority (NYPA) to fully implement Chapter 436 of the laws of 2010, to clarify certain ambiguities that might exist in Chapter 436; and to establish a sound basis to go forward with recommendations for power allocations and for the allocation of the Net Earnings from the sale of certain hydro-power from the Niagara Power Project.
Read the full memo (795 words)
Summary of provisions
Section 2 adds a new Article 6-a to the Economic Development law that:
o Creates the Western New York Power Proceeds Allocation Board that shall have five members, three appointed by the Governor, and one each by the Temporary President of the Senate and the Speaker of the Assembly. Each legislative appointment and one appointment from the Executive must live within a 30 mile radius of the Niagara Power Project located in Lewiston NY.
o Authorizes the Board to recommend to the Empire State Development Corporation (ESDC) how certain proceeds from the sale of Niagara Project Hydro-Electric expansion and replacement power ("Net Earnings") are to be granted to certain entities for economic development purposes;
o Defines economic development power for purposes of this act to include 250 MW of Expansion Power and 445 MW of Replacement Power and specifies that Replacement Power includes a certain 70 MW of Niagara Power Project that had formally been made available for other purposes. This 70 Megawatts shall be made available starting on July 1, 2013.
o Requires the Board consider Regional Economic Development Council strategies.
o Requires the Board to use the same criteria for proceeds awards, as it currently utilized for expansion and replacement power allocations.
o Provides that funds can be used for certain purposes ("Eligible Projects") that must be within 30 miles of the Niagara Power project including capital investments, hazardous waste remediation, infrastructure, land acquisition, research and development and tourism. It also provides that funds may not be used for advertising or advocacy lobbying, political purposes, debates or discussions of
public issues, legal fees, or fees related to any administrative proceeding;
o Requires NYPA to provide a full accounting of all power sales, the funds derived there from and other information;
o Requires NYPA to transfer all Net Earnings to a new fund to be held by ESDC;
o Directs ESDC to provide staff and other support that may be needed;
o Involves ESDC in a formal role in the allocation of economic development funds.
o Allows the Power Authority to consult with the Western New York Power Allocation Board in the application process relating to the allocation of expansion and replacement power.
o Repeals Chapter 436 of the laws of 2010.
Justification for 2011 proposal
In order to emphasize the intent of the Legislature, to clarify certain ambiguities that might exist in the 2010 law, and to establish a sound basis to go forward with the recommendation for power allocations and recommendations for the allocation of excess revenues, it has been decided that a bill should be introduced and passed in the 2011 session of the Legislature.
This legislation is made necessary because of NYPA's refusal to carry out the clear intent of Chapter 436 of the Laws of 2010.
This legislation will clarify and codify the process by which expansion and replacement power allocations are made, and also make clear that the Western New York Power Proceeds Allocation Board shall play a key role in the award of monetary allocation derived from the sale of Expansion and Replacement power into the open market.
Western New York, is among the most economically depressed areas of our State, and yet those who reside there live within view of the largest hydroelectric generating facility in the Northeast continue to struggle. This proposal will allow money from the proceeds of the sale of certain power generated at Niagara to create jobs in the local communities located within 30 miles of the plant. This was the intent of the legislature in 2010 and this law will ensure that this clear directive is carried out at long last.
Legislative history
New bill, but follows passage of Chapter 436 of the Laws of 2010 (A.8712A)
Fiscal implications
None to the state. No new fiscal implications to NYPA. This bill does not alter the fiscal impact imposed upon NYPA by Chapter 436 of the Laws of 2010. Further, there is no cost impact on ESDC.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.