Section 1854. Purposes and specific powers of the authority

The purposes of
  the  authority shall be to develop and implement new energy technologies
  consistent  with  economic,  social  and  environmental  objectives,  to
  develop  and  encourage  energy  conservation  technologies, to promote,
  develop, encourage and assist in the acquiring, constructing, improving,
  maintaining, equipping  and  furnishing  of  industrial,  manufacturing,
  warehousing,  commercial,  research  and  industrial  pollution  control
  facilities at the Saratoga  Research  and  Development  Center,  and  to
  promote,  develop,  encourage  and  assist  special  energy projects and
  thereby  advance  job  opportunities,  health,  general  prosperity  and
  economic welfare of the people of the state of New York. In carrying out
  such  purposes,  the  authority  shall,  with  respect to the activities
  specified, have the following powers:
    1. Research,  development  and  demonstration.  To  conduct,  sponsor,
  assist and foster programs of research, development and demonstration in
  new  energy  technologies  including  but  not  limited  to  (a)  energy
  conservation, (b) production of power from new sources with emphasis  on
  renewable  energy  sources  such as solar, wind, bioconversion and solid
  waste, (c) storage of energy  with  emphasis  on  inertial  and  battery
  storage,  (d)  conversion and/or technological improvement of facilities
  now  utilizing  nuclear  fission   energy   and   fossil   fuel   energy
  technologies,  (e)  transmission  and  distribution  of  power,  and (f)
  conversion  of  energy  and  improvements  of   efficiencies   of   such
  conversion,  including the power after assessing and taking into account
  environmental considerations thereof, to  establish,  acquire,  operate,
  develop and manage facilities therefor.
    2.  The  provision  of  services. To provide services required for the
  development and use of new energy technologies and  related  methods  by
  the   industrial,  commercial,  medical,  scientific,  public  interest,
  educational and governmental organizations within the  state,  including
  the  power  to  establish,  acquire  and develop facilities therefor not
  otherwise available within the state, and to  operate  and  manage  such
  facilities.
    3. Cooperation with gas and power companies. To contract with or enter
  into  joint  undertakings  with  any  gas  or  power  company,  or power
  authority of the state of New York, or more than one of them, to
    (a) Participate in the construction and operation of  experimental  or
  developmental  facilities  which implement new energy technologies which
  have prospects of reducing the economic, environmental and social  costs
  of energy production and utilization.
    (b) Participate in the incorporation of features, including facilities
  which  incorporate  new energy technologies, in nuclear power plants and
  the construction of associated facilities to the extent required by  the
  public interest in development, health, recreation, safety, conservation
  of natural resources and aesthetics.
    (c) Participate in the incorporation of features, including facilities
  which  incorporate  new energy technologies, in fossil fuel power plants
  and the construction of associated facilities to the extent required  by
  the   public   interest  in  development,  health,  recreation,  safety,
  conservation of natural resources and aesthetics.
    (d) Participate in the construction of facilities to be used  for  the
  furnishing  of  electric  energy  or  gas  to the extent required by the
  public interest in development, health, recreation, safety, conservation
  of natural resources and aesthetics.
    (e) Develop, prepare, and furnish  by  sale  or  lease  real  property
  owned,  held,  or  acquired by the authority within the state to be used
  for the construction and operation of generating facilities based on new
  energy technologies  and  related  facilities,  provided  that  no  such

  contract  or  joint venture shall be entered into which shall permit the
  authority to distribute or sell any power or energy  to  any  person  or
  entity  other  than  the  other  contracting  party  or parties or joint
  venturer  or  venturers,  and provided further that all power and energy
  received by power authority of the state of New York,  pursuant  to  any
  such  contract  or  joint venture, shall be distributed and sold only to
  such persons as power authority of the state of New York may sell  power
  pursuant to law.
    4. Water desalination. To contract with one or more water distribution
  companies  or  agencies to participate in the construction and operation
  of power generating  facilities  for  the  purpose  of  desalination  or
  distribution  of  water, and to develop, prepare, and furnish by sale or
  lease, real property owned, held or acquired by the authority within the
  state to be used for the construction and operation of  such  facilities
  and  facilities  related  thereto, provided that the authority shall not
  enter into any such contract relating to any such  facility  which  also
  produces  electric  power for purposes of sale unless the authority also
  contracts  with  one  or  more  power  companies  with  respect  to  the
  construction and operation of such facility and the distribution and use
  of such power.
    5.  The  dissemination  of  information. To accumulate and disseminate
  information  relating  to  the  development  and  use  of   new   energy
  technologies  and  energy conservation technologies, including the power
  to conduct, sponsor, assist and foster studies and surveys, and  publish
  the results thereof.
    6.  (a)  To  continue,  modify,  amend,  or terminate such contractual
  agreements as may be in force at the effective date of this  subdivision
  with  regard  to  the  Western  New  York Nuclear Service Center and the
  Saratoga Research and Development Center, or take such other  action  as
  the  authority  may  deem  necessary or appropriate with respect to such
  Centers in the furtherance of the public interest in safe, reliable  and
  economical energy supplies or protection of public health and safety and
  the environment.
    (b)  (i)  Notwithstanding the provisions of any general or special law
  to the contrary, the director  of  the  budget  and  the  chair  of  the
  authority  are  each  authorized  to  enter  into  one  or  more service
  contracts, and to amend or supplement  any  existing  service  contract,
  with  respect  to  programs,  projects,  and activities of the authority
  pursuant to this subdivision, upon such terms as  the  director  of  the
  budget  and  the  chair  of  the authority may agree, including, but not
  limited to, provisions relating to the  respective  obligations  of  the
  state  and  the  authority  with  respect to administration, management,
  maintenance, and use of the  real  property  at  the  Western  New  York
  Nuclear  Service  Center  held  by  the authority, design, construction,
  modification, operation, and  maintenance  of  facilities  thereon,  and
  implementation  of  programs,  projects,  or  activities  to  improve or
  correct conditions thereon, including, but  not  limited  to,  the  West
  Valley  demonstration  project, and provisions providing for the payment
  of (A) all fees and charges of, and expenses and other  non-asset  costs
  of  financing incurred by, the authority in connection with the issuance
  and administration of special obligation bonds or notes to  pay  for  or
  reimburse  the  state  with  respect  to  such actions, and (B) all debt
  service payments on such bonds and notes. Provided,  however,  that  the
  aggregate  net proceeds of any such bonds or notes issued, excluding any
  bonds or notes issued for the purpose of refunding other bonds and notes
  issued under this subdivision, shall not exceed the aggregate of amounts
  appropriated for such actions in the  state  fiscal  year  ending  March
  thirty-one,  nineteen  hundred  ninety-three  and  any state fiscal year

  thereafter up to and  including  the  state  fiscal  year  ending  March
  thirty-first,  nineteen hundred ninety-nine, not including amounts to be
  applied to the payment of all fees and other charges  of,  and  expenses
  and  other  non-asset  costs  of financing incurred by, the authority in
  connection with the issuance and administration of such bonds and notes;
  and, capitalized interest and debt service reserve funds established for
  such bonds or notes and the acquisition of insurance, letters of  credit
  or   other  credit  enhancement  or  liquidity  facilities  obtained  in
  connection with such bonds or notes.
    (ii) Of the moneys expended from appropriations  made  for  the  legal
  requirements  of  the state debt service and lease purchase payments and
  other special contractual obligations, for payment to the authority  for
  payment  of principal and interest on bonds issued to finance activities
  at the Western New York Nuclear Service Center pursuant to one  or  more
  service  contracts between the state and the authority, an amount not to
  exceed the amount of such payment as determined by the director  of  the
  budget  shall  be  reimbursed to the comptroller according to a schedule
  determined by the director of the budget, for  deposit  in  the  general
  debt service fund, by the authority.
    (iii)  Any  such contract entered into pursuant to subparagraph (i) of
  this paragraph shall not exceed  thirty  years  in  duration  and  shall
  provide  that  the obligation of the state to fund or to pay the amounts
  therein provided for shall not constitute a debt of the state within the
  meaning of any constitutional or statutory provision and shall be deemed
  executory only to the extent of moneys available therefor  and  that  no
  liability shall be incurred by the state beyond the moneys available for
  such   purpose,   and   that   such  obligation  is  subject  to  annual
  appropriation by the legislature.
    (iv) Any such contract or any payments made or to be  made  thereunder
  may  be  assigned and pledged by the authority as security for its bonds
  and notes issued to pay for or  reimburse  the  state  with  respect  to
  actions undertaken pursuant to this subdivision.
    (v)  The  comptroller  is authorized to receive from the authority any
  portion of proceeds of special obligation bonds or notes issued  to  pay
  for  or  reimburse the state with respect to actions undertaken pursuant
  to this subdivision and to credit such amounts to the  capital  projects
  fund or any other appropriate fund.
    7.  To  advise the legislature of recommendations for implementing new
  energy technologies and energy conservation  measures,  annually  or  so
  often as the authority shall deem appropriate.
    8.  Special  energy projects. (a) To extend credit and make loans from
  bond  proceeds  to  any  person  for  the   construction,   acquisition,
  installation,   reconstruction,   improvement,  maintenance,  equipping,
  furnishing  or  leasing  of  any  special  energy  project  or  for  the
  reimbursement  to  any  person  for  costs incurred in connection with a
  special energy project completed or not completed at the  time  of  such
  credit  or loan, which credits or loans may, but need not, be secured by
  mortgages, contracts, leases or other instruments, upon such  terms  and
  conditions  as  the  authority  shall determine reasonable in connection
  with such credits or loans.
    (b) In  the  exercise  of  powers  granted  in  paragraph  a  of  this
  subdivision  in  connection  with any special energy project, to require
  the inclusion in any contract, lease, loan agreement or other instrument
  of such provisions for the financing of  such  project  and  such  other
  financial  or  other  covenants  as  the authority may deem necessary or
  desirable and to do all things and to execute all instruments  necessary
  and  desirable  in  connection  therewith;  provided,  however,  that no
  contract, lease, loan agreement or other agreement entered into  by  the

  authority   in  furtherance  of  this  authorization  shall  permit  the
  authority to distribute or sell any power or energy to any person  other
  than a contracting party.
    10.  To  coordinate the state's administration of any energy or energy
  resource programs of the federal government, including but  not  limited
  to   those   concerned  with  conservation,  allocation,  management  or
  education, and to formulate and from time to time revise a state  energy
  conservation  plan to be submitted pursuant to the federal Energy Policy
  and Conservation Act of 1975 last amended by Pub. L. 102-486,  Title  I,