(a) Each application for an industrial power
allocation shall be evaluated according to the following criteria:
(1) compliance with any statutory, license or
contractual criteria applicable to the particular type of power
available;
(2) subject to paragraph
(1) of this subdivision, the amount of power requested shall be a minimum of
400 kW or, in the case of an allocation by a public body, such other lower
minimum quantity as the authority may designate upon request by a public
body;
(3) the ratios of the number
of permanent jobs to be created and of the number of permanent jobs to be
retained to the amount of power requested;
(4) the number of jobs (including
construction jobs) to be created and the number of jobs to be retained as a
result of a power allocation;
(5)
the types of jobs created, as measured by wage and benefit levels, security and
stability of employment;
(6) the
effect the allocation will have on the business's existing employment at the
location for which power has been requested;
(7) anticipated additional payroll;
(8) the business's willingness to satisfy
affirmative action goals and to make jobs available to economically
disadvantaged persons consistent with the authority's standard draft contract
provision attached hereto as subdivision (c) of this section;
(9) the impact on the operations of any other
facilities of the business or on other businesses within the State of New York
as a result of the allocation sought and the resulting effect on employment and
relative competitive positions;
(10) the cost of electricity as a percentage
of cost of product(s) produced at the facility which will utilize the
power;
(11) the business's
long-term commitment to New York State as evidenced by current or planned
capital investment in business facilities in the State;
(12) the type and cost of buildings,
equipment and facilities to be constructed, enlarged or installed;
(13) the time schedule for completion of the
facility utilizing the power;
(14)
the extent to which a power allocation will affect the overall productivity and
cost competitiveness of the business and its existing employment within the
State;
(15) the growth potential of
the proposed facility and the contribution of economic strength to the area in
which the business facility is or would be located;
(16) the general economic conditions in the
community in which the business facility is or will be located, and the extent
to which a power allocation could contribute to the alleviation of any economic
distress in the community;
(17) the
impact of an allocation on other electric ratepayers; and
(18) the extent to which an application is
consistent with State, regional and local economic development strategies and
priorities and is supported by local units of government in the area in which
the business is located.
(b) Applications for industrial power to
revitalize a business and retain jobs shall be evaluated by the following
criteria, in addition to the criteria of subdivision (a) of this section:
(1) that the business is likely to close,
reduce operations, or relocate out of state resulting in the loss of a
substantial number of jobs without an allocation of power;
(2) that the business is an important
employer in the community and efforts to revitalize the business are in the
long-term interest of both employers and the community;
(3) that a reasonable prospect exists that
the proposed power allocation will enable the business to remain competitive
and become profitable and preserve jobs for a substantial period of
time;
(4) that the business
demonstrates cooperation with the local electricity distributor and other
sources of assistance to reduce energy costs to the maximum extent practicable,
through conservation and load management; and
(5) that the allocation will not unduly
affect the cost of electric service to customers of the local electricity
distributor.
(c) Proposed
standard contract provision for industrial customers concerning affirmative
action and minority- and women-owned business enterprise.
Customer as employer will not discriminate against employees
or applicants for employment because of race, creed, religion, color, national
origin, sex, age, disability or marital status and will undertake or continue
existing programs of affirmative action to ensure that minority-group persons
and women are afforded equal opportunity without discrimination. Such programs
shall include, but not be limited to, recruitment, employment, job assignment,
promotion, upgrading, demotion, transfer, layoff, termination, rates of pay or
other forms of compensation. Customer will also establish or continue
procedures and guidelines to monitor and audit such affirmative action
programs.
Customers will state in all solicitations or advertisements
for employees placed by or on behalf of the Customer that all qualified
applicants will be afforded equal employment opportunity without discrimination
because of race, creed, religion, color, national origin, sex, age, disability
or marital status. Whenever possible, Customer will endeavor to utilize
minority news media for advertising employment opportunities and legal
notices.
[Next paragraph to be included in contracts when Customer
specifically commits to subcontractor jobs and/or relies on economic activity
by subcontractors as a basis for a power allocation.]
Customer shall establish programs or continue existing
programs for the utilization of minority- and women-owned business
enterprises.
Customer shall provide to the Authority, annually, a report
in a form satisfactory to the Authority concerning the status of Customer's
affirmative action program and utilization of minority- and women-owned
business enterprises for the facility receiving power from the Authority. Such
reports shall include the following:
(1) utilization analysis of work force at the
facility receiving power; and
(2)
percentage utilization of and dollar value of contracts awarded to minority-
and women-owned business enterprises; and
[Subparagraph (3) to be included in contracts when Customer
specifically commits to subcontractor jobs and/or relies on economic activity
by subcontractors as a basis for a power allocation.]
(3) Utilization analysis of work force of
each subcontractor. Such reporting requirements may be satisfied by submission
to the Authority of copies of Form EEO-1 or the equivalent, and/or such other
reports or filings concerning Customer's affirmative action and minority- and
women-owned business enterprise programs at the facility receiving power as are
required to be prepared and filed with New York State or federal authorities
pursuant to law or regulation. The Authority shall maintain the same degree of
confidentiality accorded such reports as required of any federal or state
agencies by applicable statutes. In no event shall such material be released
without at least ten (10) days' written notice to the Customer.
For purposes hereof, minority business enterprise shall mean
any business enterprise which is at least fifty-one per centum owned by, or in
the case of a publicly owned business, at least fifty-one per centum of the
stock of which is owned by citizens or permanent resident aliens who are a)
Black persons having origins in any of the Black African racial groups not of
Hispanic origin; b) Hispanic persons of Mexican, Puerto Rican, Dominican,
Cuban, Central or South American of either Indian or Hispanic origin,
regardless of race; c) Asian or Pacific Islander person having origins in any
of the Far East, Southeast Asia, the Indian subcontinent or the Pacific
Islands; or d) American Indian or Alaskan Native persons having origins in any
of the original peoples of North America and maintaining identifiable tribal
affiliations through membership and participation or community identification;
and such ownership interest is real, substantial and continuing and have the
authority to independently control the day-to-day business decisions of the
entity for at least one year. Women-owned business enterprises shall mean any
business enterprise which is at last fifty-one per centum owned by, or in the
case of a publicly owned business, at least fifty-one per centum of the stock
of which is owned by citizens or permanent resident aliens who are women, and
such ownership interest is real, substantial and continuing and have the
authority to independently control the day-to-day business decisions of the
entity for at least one year.
