STATE OF NEW YORK ________________________________________________________________________ 8368 IN SENATE May 3, 2018 ___________ Introduced by Sen. GRIFFO -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommuni- cations AN ACT to amend the economic development law, in relation to recharge New York power The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph 8 of subdivision (a) of section 188-a of the 2 economic development law, as added by section 2 of part CC of chapter 60 3 of the laws of 2011, is amended to read as follows: 4 (8) "Recharge New York power" shall mean and consist of equal amounts 5 of (i) four hundred fifty-five megawatts of firm hydroelectric power 6 from the Niagara and Saint Lawrence hydroelectric projects to be with- 7 drawn from utility corporations that, prior to the effective date of 8 this section, purchased such power for the benefit of their domestic and 9 rural consumers ("recharge New York hydropower"), and (ii) power 10 procured by the authority through a competitive procurement process, 11 authority sources (other than the Niagara and Saint Lawrence projects) 12 or through an alternate method ("recharge New York market power"); 13 provided, however, that if such recharge New York market power comes 14 from authority sources, the use of that power shall not reduce the 15 availability of, or cause an increase in the price of, power provided by 16 the authority for any other program authorized in this article or pursu- 17 ant to any other statute; provided, further, however that if such 18 recharge New York market power comes from authority sources, the use of 19 that power shall be at least eight percent less than default service. 20 § 2. Paragraph 3 of subdivision (c) of section 188-a of the economic 21 development law, as added by section 2 of part CC of chapter 60 of the 22 laws of 2011, is amended to read as follows: 23 (3) The board's recommendation shall require that if the actual 24 metered load at the facility where the allocation is utilized is less 25 than the allocation, such allocation will be reduced accordingly, 26 provided that, the recipient may elect to reduce the recharge New York 27 market power allocation first, and provided further that, under its EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15087-01-8

S. 8368 2 1 contract with the authority, the recipient shall be afforded a reason- 2 able period within which to fully utilize the allocation, taking into 3 account construction schedules and economic conditions. The authority 4 shall reallocate any withdrawn or relinquished power for the recharge 5 New York power program consistent with paragraph four of this subdivi- 6 sion. 7 § 3. Paragraph 7 of subdivision (c) of section 188-a of the economic 8 development law, as added by section 2 of part CC of chapter 60 of the 9 laws of 2011, is amended to read as follows: 10 (7) The board shall not recommend a total of recharge New York power 11 allocations in excess of nine hundred ten megawatts except upon the 12 unanimous recommendation of the board. 13 § 4. This act shall take effect immediately.

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