N.Y. Comp. Codes R. & Regs. tit. 21 § 460.4

Current through Register Vol. 46, No. 50, December 11, 2024
Section 460.4 - Job and usage requirements

All new allocations shall be specifically contingent upon commitments by the recipient to maintain specified levels of employment and power usage. A recipient's power allocation shall be subject to reduction if the specified employment and/or power usage levels are not maintained, provided that consideration will be given to short-term economic fluctuations and/or operational constraints (e.g., retooling, construction, rehabilitation of facilities). New allocations shall be subject to reporting requirements on a periodic basis with respect to power usage, employment levels and any agreed- upon affirmative action and minority- and women-owned business commitments. Reports shall be submitted in verified form either directly to the authority or, in the case of allocations by a public body, to the authority by the public body. All such job, usage and other commitments and reporting requirements shall be included in the agreement between the recipient and the authority or the public body, as the case may be, and shall be binding on the recipient during the term of the agreement. The authority shall be a third-party beneficiary of such contractual commitments between a recipient and a public body and shall have the right to seek enforcement thereof.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 460.4