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Current as of January 01, 2026 | Updated by Findlaw Staff
Each application for an allocation of economic development power shall be evaluated under criteria adopted by the board. Such criteria shall address, but need not be limited to:
(a) the number of new jobs created as a result of an economic development power allocation;
(b) the applicant's long-term commitment to New York state, as evidenced by the applicant's current and/or planned capital investment in business facilities in New York state;
(c) the ratio of the number of jobs to be created to the amount of economic development power requested by the applicant;
(d) the types of jobs created, as measured by wage and benefit levels, security and stability of employment;
(e) the type and cost of buildings, equipment and facilities to be constructed, enlarged or installed;
(f) the extent to which economic development power will affect the overall productivity or competitiveness of the applicant's business and its existing employment within the state;
(g) the extent to which an allocation of economic development power may result in a competitive disadvantage for other businesses in the state;
(h) the general economic conditions and economic distress in the area in which the applicant's business facility would be located and the extent to which economic development power could contribute to the alleviation of such distress;
(i) the growth potential of the business facility and the contribution of economic strength to the area in which the business facility is or would be located;
(j) the extent of the applicant's willingness to make jobs available to persons defined as eligible for services under the federal job training partnership act of nineteen hundred eighty-two 1 and the extent of the applicant's willingness to satisfy affirmative action goals;
(k) the extent to which an allocation of economic development power is consistent with state, regional and local economic development strategies and priorities and supported by local units of government in the area in which the business is located; and
(l) the impact of the allocation on the operation of any other facilities of the applicant, on other businesses within the state, and upon other electric ratepayers.
Cite this article: FindLaw.com - New York Consolidated Laws, Economic Development Law - COM § 184. Criteria for eligibility for economic development power - last updated January 01, 2026 | https://codes.findlaw.com/ny/economic-development-law/com-sect-184/
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