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