N.Y. COM Law § 184

§ 184. Criteria for eligibility for economic development power. Each\napplication for an allocation of economic development power shall be\nevaluated under criteria adopted by the board. Such criteria shall\naddress, but need not be limited to:\n (a) the number of new jobs created as a result of an economic\ndevelopment power allocation;\n (b) the applicant's long-term commitment to New York state, as\nevidenced by the applicant's current and/or planned capital investment\nin business facilities in New York state;\n (c) the ratio of the number of jobs to be created to the amount of\neconomic development power requested by the applicant;\n (d) the types of jobs created, as measured by wage and benefit levels,\nsecurity and stability of employment;\n (e) the type and cost of buildings, equipment and facilities to be\nconstructed, enlarged or installed;\n (f) the extent to which economic development power will affect the\noverall productivity or competitiveness of the applicant's business and\nits existing employment within the state;\n (g) the extent to which an allocation of economic development power\nmay result in a competitive disadvantage for other businesses in the\nstate;\n (h) the general economic conditions and economic distress in the area\nin which the applicant's business facility would be located and the\nextent to which economic development power could contribute to the\nalleviation of such distress;\n (i) the growth potential of the business facility and the contribution\nof economic strength to the area in which the business facility is or\nwould be located;\n (j) the extent of the applicant's willingness to make jobs available\nto persons defined as eligible for services under the federal job\ntraining partnership act of nineteen hundred eighty-two and the extent\nof the applicant's willingness to satisfy affirmative action goals;\n (k) the extent to which an allocation of economic development power is\nconsistent with state, regional and local economic development\nstrategies and priorities and supported by local units of government in\nthe area in which the business is located; and\n (l) the impact of the allocation on the operation of any other\nfacilities of the applicant, on other businesses within the state, and\nupon other electric ratepayers.\n