§ 1854 — Purposes and specific powers of the authority

New York § 1854

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 9: New York State Energy Research and Development Authority
• Art. 8: Miscellaneous Authorities

Text

§ 1854. Purposes and specific powers of the authority. * The purposes\nof the authority shall be to develop and implement new energy\ntechnologies and invest in build-ready sites, as defined in subdivision\neight of section nineteen hundred one of this article, consistent with\neconomic, social and environmental objectives, to develop and encourage\nenergy conservation technologies, to promote, develop, encourage and\nassist in the acquiring, constructing, improving, maintaining, equipping\nand furnishing of industrial, manufacturing, warehousing, commercial,\nresearch and industrial pollution control facilities at the Saratoga\nResearch and Development Center, and to promote, develop, encourage and\nassist special energy projects and thereby advance job opportunities,\nhealth, general prosperity and economic welfare of the people of the\nstate of New York. In carrying out such purposes, the authority shall,\nwith respect to the activities specified, have the following powers:\n * NB Effective until December 31, 2030\n * The purposes of the authority shall be to develop and implement new\nenergy technologies consistent with economic, social and environmental\nobjectives, to develop and encourage energy conservation technologies,\nto promote, develop, encourage and assist in the acquiring,\nconstructing, improving, maintaining, equipping and furnishing of\nindustrial, manufacturing, warehousing, commercial, research and\nindustrial pollution control facilities at the Saratoga Research and\nDevelopment Center, and to promote, develop, encourage and assist\nspecial energy projects and thereby advance job opportunities, health,\ngeneral prosperity and economic welfare of the people of the state of\nNew York. In carrying out such purposes, the authority shall, with\nrespect to the activities specified, have the following powers:\n * NB Effective December 31, 2030\n 1. Research, development and demonstration. To conduct, sponsor,\nassist and foster programs of research, development and demonstration in\nnew energy technologies including but not limited to (a) energy\nconservation, (b) production of power from new sources with emphasis on\nrenewable energy sources such as solar, wind, bioconversion and solid\nwaste, (c) storage of energy with emphasis on inertial and battery\nstorage, (d) conversion and/or technological improvement of facilities\nnow utilizing nuclear fission energy and fossil fuel energy\ntechnologies, (e) transmission and distribution of power, and (f)\nconversion of energy and improvements of efficiencies of such\nconversion, including the power after assessing and taking into account\nenvironmental considerations thereof, to establish, acquire, operate,\ndevelop and manage facilities therefor.\n 2. The provision of services. To provide services required for the\ndevelopment and use of new energy technologies and related methods by\nthe industrial, commercial, medical, scientific, public interest,\neducational and governmental organizations within the state, including\nthe power to establish, acquire and develop facilities therefor not\notherwise available within the state, and to operate and manage such\nfacilities.\n 3. Cooperation with gas and power companies. To contract with or enter\ninto joint undertakings with any gas or power company, or power\nauthority of the state of New York, or more than one of them, to\n (a) Participate in the construction and operation of experimental or\ndevelopmental facilities which implement new energy technologies which\nhave prospects of reducing the economic, environmental and social costs\nof energy production and utilization.\n (b) Participate in the incorporation of features, including facilities\nwhich incorporate new energy technologies, in nuclear power plants and\nthe construction of associated facilities to the extent required by the\npublic interest in development, health, recreation, safety, conservation\nof natural resources and aesthetics.\n (c) Participate in the incorporation of features, including facilities\nwhich incorporate new energy technologies, in fossil fuel power plants\nand the construction of associated facilities to the extent required by\nthe public interest in development, health, recreation, safety,\nconservation of natural resources and aesthetics.\n (d) Participate in the construction of facilities to be used for the\nfurnishing of electric energy or gas to the extent required by the\npublic interest in development, health, recreation, safety, conservation\nof natural resources and aesthetics.\n (e) Develop, prepare, and furnish by sale or lease real property\nowned, held, or acquired by the authority within the state to be used\nfor the construction and operation of generating facilities based on new\nenergy technologies and related facilities, provided that no such\ncontract or joint venture shall be entered into which shall permit the\nauthority to distribute or sell any power or energy to any person or\nentity other than the other contracting party or parties or joint\nventurer or venturers, and provided further that all power and energy\nreceived by power authority of the state of New York, pursuant to any\nsuch contract or joint venture, shall be distributed and sold only to\nsuch persons as power authority of the state of New York may sell power\npursuant to law.\n 4. Water desalination. To contract with one or more water distribution\ncompanies or agencies to participate in the construction and operation\nof power generating facilities for the purpose of desalination or\ndistribution of water, and to develop, prepare, and furnish by sale or\nlease, real property owned, held or acquired by the authority within the\nstate to be used for the construction and operation of such facilities\nand facilities related thereto, provided that the authority shall not\nenter into any such contract relating to any such facility which also\nproduces electric power for purposes of sale unless the authority also\ncontracts with one or more power companies with respect to the\nconstruction and operation of such facility and the distribution and use\nof such power.\n 5. The dissemination of information. To accumulate and disseminate\ninformation relating to the development and use of new energy\ntechnologies and energy conservation technologies, including the power\nto conduct, sponsor, assist and foster studies and surveys, and publish\nthe results thereof.\n 6. (a) To continue, modify, amend, or terminate such contractual\nagreements as may be in force at the effective date of this subdivision\nwith regard to the Western New York Nuclear Service Center and the\nSaratoga Research and Development Center, or take such other action as\nthe authority may deem necessary or appropriate with respect to such\nCenters in the furtherance of the public interest in safe, reliable and\neconomical energy supplies or protection of public health and safety and\nthe environment.\n (b) (i) Notwithstanding the provisions of any general or special law\nto the contrary, the director of the budget and the chair of the\nauthority are each authorized to enter into one or more service\ncontracts, and to amend or supplement any existing service contract,\nwith respect to programs, projects, and activities of the authority\npursuant to this subdivision, upon such terms as the director of the\nbudget and the chair of the authority may agree, including, but not\nlimited to, provisions relating to the respective obligations of the\nstate and the authority with respect to administration, management,\nmaintenance, and use of the real property at the Western New York\nNuclear Service Center held by the authority, design, construction,\nmodification, operation, and maintenance of facilities thereon, and\nimplementation of programs, projects, or activities to improve or\ncorrect conditions thereon, including, but not limited to, the West\nValley demonstration project, and provisions providing for the payment\nof (A) all fees and charges of, and expenses and other non-asset costs\nof financing incurred by, the authority in connection with the issuance\nand administration of special obligation bonds or notes to pay for or\nreimburse the state with respect to such actions, and (B) all debt\nservice payments on such bonds and notes. Provided, however, that the\naggregate net proceeds of any such bonds or notes issued, excluding any\nbonds or notes issued for the purpose of refunding other bonds and notes\nissued under this subdivision, shall not exceed the aggregate of amounts\nappropriated for such actions in the state fiscal year ending March\nthirty-one, nineteen hundred ninety-three and any state fiscal year\nthereafter up to and including the state fiscal year ending March\nthirty-first, nineteen hundred ninety-nine, not including amounts to be\napplied to the payment of all fees and other charges of, and expenses\nand other non-asset costs of financing incurred by, the authority in\nconnection with the issuance and administration of such bonds and notes;\nand, capitalized interest and debt service reserve funds established for\nsuch bonds or notes and the acquisition of insurance, letters of credit\nor other credit enhancement or liquidity facilities obtained in\nconnection with such bonds or notes.\n (ii) Of the moneys expended from appropriations made for the legal\nrequirements of the state debt service and lease purchase payments and\nother special contractual obligations, for payment to the authority for\npayment of principal and interest on bonds issued to finance activities\nat the Western New York Nuclear Service Center pursuant to one or more\nservice contracts between the state and the authority, an amount not to\nexceed the amount of such payment as determined by the director of the\nbudget shall be reimbursed to the comptroller according to a schedule\ndetermined by the director of the budget, for deposit in the general\ndebt service fund, by the authority.\n (iii) Any such contract entered into pursuant to subparagraph (i) of\nthis paragraph shall not exceed thirty years in duration and shall\nprovide that the obligation of the state to fund or to pay the amounts\ntherein provided for shall not constitute a debt of the state within the\nmeaning of any constitutional or statutory provision and shall be deemed\nexecutory only to the extent of moneys available therefor and that no\nliability shall be incurred by the state beyond the moneys available for\nsuch purpose, and that such obligation is subject to annual\nappropriation by the legislature.\n (iv) Any such contract or any payments made or to be made thereunder\nmay be assigned and pledged by the authority as security for its bonds\nand notes issued to pay for or reimburse the state with respect to\nactions undertaken pursuant to this subdivision.\n (v) The comptroller is authorized to receive from the authority any\nportion of proceeds of special obligation bonds or notes issued to pay\nfor or reimburse the state with respect to actions undertaken pursuant\nto this subdivision and to credit such amounts to the capital projects\nfund or any other appropriate fund.\n 7. To advise the legislature of recommendations for implementing new\nenergy technologies and energy conservation measures, annually or so\noften as the authority shall deem appropriate.\n 8. Special energy projects. (a) To extend credit and make loans from\nbond proceeds to any person for the construction, acquisition,\ninstallation, reconstruction, improvement, maintenance, equipping,\nfurnishing or leasing of any special energy project or for the\nreimbursement to any person for costs incurred in connection with a\nspecial energy project completed or not completed at the time of such\ncredit or loan, which credits or loans may, but need not, be secured by\nmortgages, contracts, leases or other instruments, upon such terms and\nconditions as the authority shall determine reasonable in connection\nwith such credits or loans.\n (b) In the exercise of powers granted in paragraph a of this\nsubdivision in connection with any special energy project, to require\nthe inclusion in any contract, lease, loan agreement or other instrument\nof such provisions for the financing of such project and such other\nfinancial or other covenants as the authority may deem necessary or\ndesirable and to do all things and to execute all instruments necessary\nand desirable in connection therewith; provided, however, that no\ncontract, lease, loan agreement or other agreement entered into by the\nauthority in furtherance of this authorization shall permit the\nauthority to distribute or sell any power or energy to any person other\nthan a contracting party.\n 10. To coordinate the state's administration of any energy or energy\nresource programs of the federal government, including but not limited\nto those concerned with conservation, allocation, management or\neducation, and to formulate and from time to time revise a state energy\nconservation plan to be submitted pursuant to the federal Energy Policy\nand Conservation Act of 1975 last amended by Pub. L. 102-486, Title I,\n§123(a).\n 10-a. (a) To administer the air pollution mitigation fund established\npursuant to section ninety-nine-g of the state finance law and\nconsisting of moneys collected by the public service commission as an\nair pollution mitigation offset pursuant to subdivision two of section\nsixty-six-k of the public service law.\n (b) To disburse moneys from such fund for the following purposes: (i)\nto reduce acid precipitation through energy efficiency, or through\npublic benefit research and development, including, but not limited to,\nrenewable energy; or (ii) the monitoring of, or research related to, the\nimpact of acid precipitation deposition.\n (c) To establish guidelines pertaining to the allocation of moneys\nfrom such fund.\n 11. To advise and assist the governor and the legislature in the\ndevelopment and implementation of state policies relating to energy and\nenergy resources.\n 12. To require and receive from any agency of the state or any\npolitical subdivision thereof assistance and data.\n 13. To act as a central repository and clearinghouse for information\non all energy and energy resource related matters including, but not\nlimited to, the availability and use of the most energy efficient and\nenvironmentally sensitive outdoor lighting available for public and\nprivate uses.\n 14. To apply for and to administer federal research and development\ngrants and other monies for the benefit of consumers.\n 15. To prepare an integrated resource plan specifying actions to be\ntaken in the event of the declaration by the governor of an energy or\nfuel supply emergency pursuant to section 5-117 of the energy law.\n 16. To promulgate energy use standards after consultation with the\ncommissioner of the office of general services for the purchase, lease,\nuse or maintenance of state buildings and equipment.\n 17. To implement the provisions of sections 5-108, 5-111, 5-113 and\n5-117 of article five and articles six, seven, eight and ten of the\nenergy law.\n 18. To provide for the deposit of all or a portion of the proceeds\ncollected by the authority from the auction or sale of emission\nallowances allocated by the department of environmental conservation to\nthe authority pursuant to regulations adopted by the department of\nenvironmental conservation to a green jobs-green New York fund to be\nestablished in the custody of the commissioner of taxation and finance.\nThe monies in such fund shall be available for the green jobs-green New\nYork program pursuant to title nine-A of article eight of this chapter.\n 19. To, on its own or through a qualified entity, directly or\nindirectly, and in consultation with the department of public service:\n (a) develop and administer a generation attribute tracking system that\nrecords generation attribute information within the state, and processes\ngeneration attribute information from energy outside the state that is\nimported to and consumed within the state, as a basis for creating\ngeneration attribute certificates;\n (b) assign initial ownership of generation attribute certificates;\n (c) provide for the transfer or conveyance, ownership and retirement\nof generation attribute certificates;\n (d) obtain generation, delivery and consumption information from\nindependent system operators, generators, public utility companies, and\nretail load-serving entities producing, delivering or selling\nelectricity in the state, including, but not limited to, "electric\ncorporations" as defined under subdivision thirteen of section two of\nthe public service law, "cooperatives" as defined under subdivision (a)\nof section two of the rural electric cooperative law, and any publicly-\nor municipally-owned utilities, including the power authority of the\nstate of New York and the Long Island power authority, deemed necessary\nby the authority to verify or supplement such generation attribute\ntracking system;\n (e) facilitate participation in, and use of, such generation attribute\ntracking system by buyers, sellers and brokers with respect to the\nownership, transfer or conveyance, and retirement of generation\nattribute certificates; and\n (f) perform such additional activities as may be deemed necessary by\nthe authority to ensure cooperation and the smooth exchange of\ninformation among and between the generation attribute tracking system\nand similar systems within or outside the state.\n 20. To administer a program, using funds provided for such purpose, to\nprovide a grant based on standards and guidelines established by the\nauthority for costs as follows:\n (a) for each retail outlet that is in operation before April first,\ntwo thousand fourteen and is subject to the requirements of paragraph\n(a) of subdivision three of section one hundred ninety-two-h of the\nagriculture and markets law:\n (i) no greater than ten thousand dollars required to prewire such\nretail outlet with an appropriate transfer switch for using an alternate\ngenerated power source as defined in section one hundred ninety-two-h of\nthe agriculture and markets law; or\n (ii) no greater than thirteen thousand dollars required to prewire\nsuch retail outlet with an appropriate transfer switch for using an\nalternate generated power source as defined in section one hundred\nninety-two-h of the agriculture and markets law and purchase such power\nsource to be permanently affixed at the site.\n (b) for each retail outlet that is in operation before April first,\ntwo thousand fourteen and is subject to the requirements of paragraph\n(b) of subdivision three of section one hundred ninety-two-h of the\nagriculture and markets law, no greater than ten thousand dollars\nrequired to: (i) prewire an existing retail outlet with an appropriate\ntransfer switch for using an alternate generated power source as defined\nin section one hundred ninety-two-h of the agriculture and markets law;\nand/or (ii) purchase such power source to be permanently affixed at the\nsite.\n (c) to the extent funds are available, for retail outlets that become\noperational on or after April first, two thousand fourteen, or to which\nsubdivision two of section one hundred ninety-two-h of the agriculture\nand markets law becomes applicable after the effective date of this\nsubdivision, which grants shall otherwise be subject to the same\namounts, purposes and restrictions as paragraphs (a) and (b) of this\nsubdivision.\n (d) to the extent funds are available, for retail outlets that\nvoluntarily apply before April first, two thousand fifteen and are\nlocated on a strategic upstate highway as defined in paragraph (e) of\nthis subdivision or within one-half mile by road measurement from an\nexit road on a strategic upstate highway, in such amounts and for such\npurposes as set forth in subparagraphs (i) and (ii) of paragraph (a) of\nthis subdivision.\n (e) "Strategic upstate highway" means the following:\n (i) I-87 beginning at the Rockland-Orange county line thence northerly\npassing through or in the vicinity of Albany to the intersection with\nI-90, the foregoing route being a portion of the New York state thruway;\nthence continuing northerly to the New York-Canada border;\n (ii) I-90 beginning at I-87 in the vicinity of Albany thence westerly\npassing through or in the vicinity of Schenectady, Utica, Syracuse,\nRochester, and Buffalo; thence continuing southwesterly to the New\nYork-Pennsylvania border, the foregoing route being a portion of the New\nYork state thruway;\n (iii) the Berkshire section of the New York state thruway beginning at\nI-87 thence easterly to the intersection with I-90 and continuing on\nI-90 to the New York-Massachusetts border;\n (iv) I-84 beginning at the New York-New Jersey border thence easterly\npassing through or in the vicinity of Newburgh, thence continuing\neasterly and southeasterly to the New York-Connecticut border;\n (v) I-88 beginning at I-81 in the vicinity of Binghamton thence\nnortheasterly to I-90 in the vicinity of Schenectady;\n (vi) I-86/State Route 17 beginning at I-87 in the vicinity of Woodbury\nthence westerly and northwesterly passing through or in the vicinity of\nBinghamton, Elmira, and Jamestown, continuing to the New\nYork-Pennsylvania border;\n (vii) I-81 beginning at the New York-Pennsylvania border thence\nnortherly passing through or in the vicinity of Syracuse and Watertown,\ncontinuing to the New York-Canada border;\n (viii) I-390 beginning at I-86 in the vicinity of Avoca thence\nnorthwesterly and northerly to I-490 in the vicinity of Rochester; and\n (ix) I-190 beginning at I-90 in the vicinity of Buffalo, thence\nwesterly, northwesterly, and northerly through Buffalo, across Grand\nIsland, the foregoing route being a portion of the New York state\nthruway, and thence generally westerly to the United States-Canada\nborder in the vicinity of Lewiston.\n The authority may offer any funds provided for such purpose and not\nexpended to retail outlets that are not included in paragraphs (a)\nthrough (d) of this subdivision but that voluntarily seek to participate\nin such program.\n 21. To administer a program to establish a pool of generators for\nretail outlets as defined in section one hundred ninety-two-h of the\nagriculture and markets law. The authority may enter into or facilitate\ncontracts, lease agreements and any other instruments subject to the\nprovisions of law, with companies providing generators and generator\nservices to provide for such pool and the deployment and installation of\ngenerators in the pool. Retail outlets that elect to participate in the\nprogram and are subject to the requirements of paragraph (a) of\nsubdivision three of section one hundred ninety-two-h of the agriculture\nand markets law shall be required only to pay the actual cost of\ngenerator rental, deployment and installation in the event that\nemergency deployment is required, provided, that a participant must\nabide by the terms of any contract or written agreement covering the\nrental, deployment and installation of such generator. In the event that\nan insufficient number of generators is available to meet required\nemergency deployment, the authority in consultation with the\ncommissioner of homeland security and emergency services shall\nprioritize such retail outlets as are most essential to public safety\nand well-being during the energy or fuel supply emergency. When\ngenerators from such program are deployed, the authority shall provide\npublic notice on its website, to the media and through other means\npracticable of those retail outlets where generators are deployed.\n 22. To administer a program to provide technical assistance to school\ndistricts, school bus fleet operators and public transportation systems\non managing zero-emission vehicle fleets and the charging or fueling\ninfrastructure for such zero-emission vehicle fleets.\n 23. No later than December thirty-first, two thousand twenty-five, and\nannually thereafter, the authority shall issue a report on the\navailability of zero-emission school buses and charging or fueling\ninfrastructure that meet the criteria established in subdivision two of\nsection thirty-six hundred thirty-eight of the education law. The\nauthority shall provide technical assistance to school districts, upon\nrequest, in pursuing state and federal grants and other funding\nopportunities to support the purchase and contracting requirements set\nforth in subdivision two of section thirty-six hundred thirty-eight of\nthe education law.\n 24. All revenues generated pursuant to regulations or actions taken by\nthe department, the authority or any other state entity, pursuant to\nsections 75-0107 and 75-0109 of the environmental conservation law,\nshall be placed into a segregated authority funding account, established\npursuant to section eighteen hundred fifty-nine of this title, prior to\nprogrammatic or administrative allocation, and shall not be commingled\nwith other authority funds.\n 25. Within thirty days following receipt of revenues generated\npursuant to regulations or actions taken by the department, the\nauthority or any other state entity pursuant to sections 75-0107 and\n75-0109 of the environmental conservation law, the authority shall make\nthe following transfers from such segregated authority funding account:\n (a) Not less than thirty percent to the New York climate action fund\nconsumer climate action account established pursuant to section\nninety-nine-qq of the state finance law;\n (b) Up to three percent to the New York climate action fund industrial\nsmall business climate action account established pursuant to section\nninety-nine-qq of the state finance law; and\n (c) Not less than sixty-seven percent to the New York climate action\nfund climate investment account established pursuant to section\nninety-nine-qq of the state finance law.\n 26. Climate affordability study. The authority and the department of\nenvironmental conservation, in consultation with the division of the\nbudget, the department of public service, and the department of taxation\nand finance, shall conduct a study and issue a report with\nrecommendations for the use of moneys transferred to the consumer\nclimate action account established pursuant to section ninety-nine-qq of\nthe state finance law. Such report shall be guided by the final scoping\nplan prepared pursuant to section 75-0103 of the environmental\nconservation law and shall consider, among other things: (a) structure\nand distribution of benefits in an equitable manner, accounting for\npotential disproportionate impacts to low-income households and\ndisadvantaged communities; (b) implementation of a variety of mechanisms\nto meet the varied needs of the people of the state, which may include\ndirect payments, tax credits, transit vouchers, utility assistance, or\nother financial benefits that are reasonable and practicable; (c)\nfinancial benefits that ensure that individuals receiving means-tested\ngovernment assistance receive benefits that will not constitute income\nfor purposes of any such means-tested government assistance programs;\nand (d) benefit programs that limit the administrative effort required\nof recipients. Such study shall be completed by the first of January,\ntwo thousand twenty-four, and shall be delivered to the governor and the\nlegislature.\n In exercising the powers granted by this title, the authority shall,\ninsofar as practicable, cooperate and act in conjunction with\nindustrial, commercial, medical, scientific, public interest and\neducational organizations within the state, and with agencies of the\nfederal government, of the state and its political subdivisions, of\nother states, and joint agencies thereof.\n In carrying out its corporate purposes and in exercising the powers\ngranted by this title, the authority shall be regarded as performing an\nessential governmental function.\n