§ 188-a. Recharge New York power program. (a) Definitions. For the\npurposes of this section, the following terms shall have the following\nmeanings:\n (1) "Applicable criteria" shall mean the criteria specified in\nsubdivision (c) of this section.\n (2) "Authority" shall mean the power authority of the state of New\nYork.\n (3) "Recharge New York power allocation" or "allocation" shall mean an\nallocation of recharge New York power by the power authority of the\nstate of New York pursuant to section one thousand five of the public\nauthorities law to an eligible applicant recommended by the New York\nstate economic development power allocation board in accordance with\nthis section.\n (4) "Eligible applicant" shall mean an eligible business, eligible\nsmall business, or eligible not-for-profit corporation as defined in\nthis section, provided however, that an eligible applicant shall not\ninclude retail businesses as defined by the board, including, without\nlimitation, sports venues, gaming or entertainment-related\nestablishments or places of overnight accommodation.\n (5) "Eligible business" shall mean a business other than a\nnot-for-profit corporation which normally utilizes a minimum peak\nelectric demand in excess of four hundred kilowatts.\n (6) "Eligible not-for-profit corporation" shall mean a corporation\ndefined in subdivision five of paragraph (a) of section one hundred two\nof the not-for-profit corporation law.\n (7) "Eligible small business" shall mean a business other than a\nnot-for-profit corporation which normally utilizes a minimum peak\nelectric demand equal to or less than four hundred kilowatts.\n (8) "Recharge New York power" shall mean and consist of equal amounts\nof (i) four hundred fifty-five megawatts of firm hydroelectric power\nfrom the Niagara and Saint Lawrence hydroelectric projects to be\nwithdrawn from utility corporations that, prior to the effective date of\nthis section, purchased such power for the benefit of their domestic and\nrural consumers ("recharge New York hydropower"), and (ii) power\nprocured by the authority through a competitive procurement process,\nauthority sources (other than the Niagara and Saint Lawrence projects)\nor through an alternate method ("recharge New York market power");\nprovided, however, that if such recharge New York market power comes\nfrom authority sources, the use of that power shall not reduce the\navailability of, or cause an increase in the price of, power provided by\nthe authority for any other program authorized in this article or\npursuant to any other statute.\n (b) Applications for recharge New York power allocations. (1) The\nboard may solicit applications for recharge New York power allocations\nunder the program created by this section by public notice beginning no\nlater than February first, two thousand twelve. Such notice may include\nnewspaper advertisements, press releases, website postings, paper or\nelectronic mailing, and/or such other form of notice as the board finds\nappropriate in consultation with the authority.\n (2) Applications for recharge New York power allocations shall be in\nthe form and contain such information, exhibits and supporting data as\nthe board prescribes in consultation with the authority. A copy of each\napplication received shall be made available for review by each board\nmember, and a copy shall be provided to the authority.\n (3) An applicant who is a recipient of a hydroelectric power\nallocation or benefits supported by the sale of hydroelectric power\nunder another program administered in whole or part by the authority\nshall be eligible to apply for an allocation under the recharge New York\npower program only if it is in substantial compliance with its\ncontractual commitments made in connection with such other program,\nprovided however that an applicant shall not receive a recharge New York\npower allocation and any other authority power program benefits with\nrespect to the same qua‹ Prev All New York sections Next ›
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