2006 New York Code - Revitalization Programs.

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