N.Y. Comp. Codes R. & Regs. tit. 21 § 460.1

Current through Register Vol. 46, No. 50, December 11, 2024

Section 460.1 - Applications

All entities requesting power for manufacturing or other industrial purposes shall be required to complete an application in a format prescribed by the authority. There shall be no priority attached to applications based on the date of receipt by the authority, provided that the authority may in appropriate circumstances require that applications be filed on or before a particular date.

(a) Direct application. Industrial firms may make direct application to the authority for any power available for industrial purposes, except that application for authority power available from public bodies shall be made in accordance with subdivision (b) of this section, and applications for economic development power, as defined in subparagraph (a) of the ninth unnumbered paragraph of section 1005 of the Public Authorities Law, shall be submitted to the Economic Development Power Allocation Board in accordance with its rules and regulations.

(b) Application by public bodies. Applications for industrial power which may be available for resale by a public body must be submitted by the public body on behalf of the industrial firm, except that applications by municipalities or municipal agencies for economic development power shall be made in accordance with the rules and regulations of the Economic Development Power Allocation Board.

(c) Recommendations to the authority by the New York State Economic Development Power Allocation Board. Recommendations to the authority by the Economic Development Power Allocation Board for allocations of economic development power, pursuant to sections 182 through 188 of the Economic Development Law as added by chapter 32 of the Laws of 1987, shall be reviewed by the authority in accordance with the applicable criteria set forth in this Part to the extent such criteria are not inconsistent with the applicable criteria set forth in said sections 182 through 188. With respect to any such recommendations, the authority shall review the application made to such board and such other information as the board may provide the authority. The authority may request such additional information from the applicant and/or the board that it deems necessary to act upon the board's recommendation.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 460.1