2021 New York Laws
COM - Economic Development Law
Article 6 - New York State Economic Development Power Allocation Board
185 - 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.