§ 185. Revitalization programs. In addition to the criteria described\nin section one hundred eighty-four of this article and such other\ncriteria as the board may by rule or regulation define, an economic\ndevelopment power allocation may be made to a business in serious,\nlong-term distress that is not primarily caused by normal, short-term\nchanges in the business cycle, when the applicant demonstrates to the\nsatisfaction of the board:\n (a) that the applicant has formulated and will implement a\ncomprehensive business revitalization plan which is described in its\napplication, and which:\n (1) contains a detailed strategy for actions to be taken by the\napplicant to continue as a successful business, including, but not\nlimited to, productivity and efficiency improvements, changes in\noperations, financing or management, measures to enhance labor and\nmanagement cooperation and to improve the skills and performance of the\nwork force at all levels, capital investment in new equipment and plant\nmodernization, development of new markets and products, and such other\nactions as will enable the business to stabilize and sustain its\noperations;\n (2) has been endorsed by the board of directors; and\n (3) establishes a verifiable schedule for completion of proposed\nactions;\n (b) that an allocation of economic development power will\nsignificantly contribute to the revitalization plan;\n (c) that the business is likely to close, partially close or relocate\nout of state resulting in the loss of substantial numbers of jobs;\n (d) that the business is an important employer in the community and\nefforts to revitalize the business are in the long-term interests of\nboth employees and the community;\n (e) that a reasonable prospect exists that the proposed revitalization\nplan will enable the business to remain competitive and become\nprofitable and preserve jobs for a substantial period of time;\n (f) that the applicant demonstrates cooperation with the local\nelectricity distributor and other available sources of assistance to\nreduce energy costs to the maximum extent practicable, through\nconservation and load management; and\n (g) that the allocation will not unduly affect the cost of electric\nservice to customers of the local electricity distributor.\n
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