Bill Text: NY A05640 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires electric corporations and power authorities to surrender renewable energy credits and attributes, solar renewable energy credits, green building credits, tradeable renewable certificates, and environmental credits to customer-generators.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-08 - referred to energy [A05640 Detail]

Download: New_York-2019-A05640-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5640
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 14, 2019
                                       ___________
        Introduced  by M. of A. ENGLEBRIGHT, THIELE -- read once and referred to
          the Committee on Energy
        AN ACT to amend the public service law and the public  authorities  law,
          in relation to requiring electric generating corporations and authori-
          ties  to  surrender  ownership  of renewable energy credits and attri-
          butes, solar renewable energy credits, green building credits, tradea-
          ble renewable certificates, and environmental credits  and  attributes
          to  the customer-generators whose equipment and renovations caused the
          accrual of such credits
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Section 66-j of the public service law is amended by adding
     2  a new subdivision 6-a to read as follows:
     3    6-a.    Surrender  of  credits  and  attributes.   Notwithstanding any
     4  contract or agreement to the contrary,  an  electric  corporation  shall
     5  within two years of the installation of electric generating equipment by
     6  a  customer-generator  or  within one year of the effective date of this
     7  subdivision, whichever shall  be  later,  surrender  ownership  to  each
     8  customer-generator of the renewable energy credits and attributes, solar
     9  renewable  energy  credits,  green building credits, tradeable renewable
    10  certificates, and environmental credits and attributes which accrued  as
    11  the result of the customer-generator's electric generating equipment.
    12    § 2. Section 66-l of the public service law is amended by adding a new
    13  subdivision 6-a to read as follows:
    14    6-a.    Surrender  of  credits  and  attributes.   Notwithstanding any
    15  contract or agreement to the contrary,  an  electric  corporation  shall
    16  within  two years of the installation of wind electric generating equip-
    17  ment by a customer-generator or within one year of the effective date of
    18  this subdivision, whichever shall be later, surrender ownership to  each
    19  customer-generator of the renewable energy credits and attributes, solar
    20  renewable  energy  credits,  green building credits, tradeable renewable
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09634-01-9

        A. 5640                             2
     1  certificates, and environmental credits and attributes which accrued  as
     2  the  result  of the customer-generator's wind electric generating equip-
     3  ment.
     4    § 3. Section 1014 of the public authorities law, as amended by chapter
     5  388 of the laws of 2011, is amended to read as follows:
     6    §  1014.  Public service law not applicable to authority; inconsistent
     7  provisions in other acts superseded. The rates, services  and  practices
     8  relating  to  the generation, transmission, distribution and sale by the
     9  authority, of power to be generated from the projects authorized by this
    10  title shall not be subject to the provisions of the public  service  law
    11  nor  to  regulation by, nor the jurisdiction of the department of public
    12  service. Except to the extent article seven of the  public  service  law
    13  applies  to  the  siting  and  operation of a major utility transmission
    14  facility as defined therein, and article ten of the public  service  law
    15  applies to the siting of a major electric generating facility as defined
    16  therein,  and  except  to  the  extent  section eighteen-a of the public
    17  service law provides for assessment of the authority for  certain  costs
    18  relating  thereto, and except to the extent subdivision six-a of section
    19  sixty-six-j and subdivision six-a of section sixty-six-l of  the  public
    20  service  law  apply  to  the  surrender of ownership of renewable energy
    21  credits and attributes, solar renewable energy credits,  green  building
    22  credits,  tradable renewable certificates, and environmental credits and
    23  attributes to customer-generators, the provisions of the public  service
    24  law and of the environmental conservation law and every other law relat-
    25  ing to the department of public service or the public service commission
    26  or  to  the  department of environmental conservation [department] or to
    27  the functions, powers or duties assigned to the division of water  power
    28  and  control  by  chapter  six  hundred nineteen of the laws of nineteen
    29  hundred twenty-six, shall so far as is  necessary  to  make  this  title
    30  effective  in  accordance  with  its  terms and purposes be deemed to be
    31  superseded, and wherever any provision of law shall be found in conflict
    32  with the provisions of this title  or  inconsistent  with  the  purposes
    33  thereof,  it  shall  be deemed to be superseded, modified or repealed as
    34  the case may require.
    35    § 4. Subdivision 1 of section 1020-cc of the public  authorities  law,
    36  as  amended  by section 11 of part A of chapter 173 of the laws of 2013,
    37  is amended to read as follows:
    38    1. All contracts of the authority shall be subject to  the  provisions
    39  of  the  state  finance law relating to contracts made by the state. The
    40  authority shall also establish rules and  regulations  with  respect  to
    41  providing  to  its residential gas, electric and steam utility customers
    42  those rights and protections provided in article two  and  sections  one
    43  hundred seventeen and one hundred eighteen of the public service law and
    44  section one hundred thirty-one-s of the social services law. The author-
    45  ity  shall  be subject to the provisions of subdivision six-a of section
    46  sixty-six-j and subdivision six-a of section sixty-six-l of  the  public
    47  service  law  relating to the surrender of ownership of renewable energy
    48  credits and attributes, solar renewable energy credits,  green  building
    49  credits,  tradable renewable certificates, and environmental credits and
    50  attributes to customer-generators. The authority shall  conform  to  any
    51  safety standards regarding manual lockable disconnect switches for solar
    52  electric  generating equipment established by the public service commis-
    53  sion pursuant to subparagraph (ii) of paragraph (a) of subdivision  five
    54  and  subparagraph (ii) of paragraph (a) of subdivision five-a of section
    55  sixty-six-j of the public service law. The authority shall let contracts
    56  for construction or purchase of supplies, materials, or equipment pursu-

        A. 5640                             3
     1  ant to section one hundred three and paragraph (e) of  subdivision  four
     2  of section one hundred twenty-w of the general municipal law.
     3    §  5.  Section 1868 of the public authorities law, as added by chapter
     4  210 of the laws of 1962 and as renumbered by chapter 482 of the laws  of
     5  1976, is amended to read as follows:
     6    §  1868.  Inconsistent  provisions  of  other  acts.  Insofar  as  the
     7  provisions of this title are inconsistent with  the  provisions  of  any
     8  other  act,  general  or  special, the provisions of this title shall be
     9  controlling, provided, however, nothing contained in  any  provision  of
    10  this title shall be construed to relieve the authority of the obligation
    11  on  its part to comply with the provisions of article nine of the public
    12  authorities law in force on the effective date of this title,  including
    13  the  obligation  to  submit  an  annual  report  as  specified  therein.
    14  Provided, further, that the authority shall be subject to the provisions
    15  of subdivision six-a of section sixty-six-j  and  subdivision  six-a  of
    16  section  sixty-six-l of the public service law relating to the surrender
    17  of ownership of renewable energy credits and attributes, solar renewable
    18  energy credits, green building credits, tradable renewable certificates,
    19  and environmental credits and attributes to customer-generators.
    20    § 6. This act shall take effect on the sixtieth  day  after  it  shall
    21  have become a law.
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