Bill Text: NY A06004 | 2019-2020 | General Assembly | Introduced


Bill Title: Directs the New York state energy research and development authority to grant minority-, women-, veteran- and disabled-owned businesses enhanced priority as certified installers under the New York sun solar electric incentive program; includes the granting of additional incentives to customers, streamlined certification, unique designations and advance notification of project opportunities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-02-26 - referred to corporations, authorities and commissions [A06004 Detail]

Download: New_York-2019-A06004-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6004
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 26, 2019
                                       ___________
        Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
          Committee on Corporations, Authorities and Commissions
        AN ACT to amend the public authorities law and the public  service  law,
          in relation to directing the New York state energy research and devel-
          opment  authority  to  establish and implement regulations authorizing
          certain certified installers to offer additional incentives under  the
          New York sun solar electric incentive program
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The public authorities law  is  amended  by  adding  a  new
     2  section 1854-e to read as follows:
     3    §  1854-e.  New  York sun solar electric incentive program; additional
     4  incentives. 1. Definitions. As used in this section:
     5    (a) "Disabled" shall mean having a disability as defined  in  subdivi-
     6  sion twenty-one of section two hundred ninety-two of the executive law.
     7    (b)  "Disabled-owned business enterprise" shall mean a business enter-
     8  prise, including a sole proprietorship, partnership,  limited  liability
     9  company or corporation that is:
    10    (i)  at  least  fifty-one  percent owned by one or more disabled group
    11  members;
    12    (ii) an enterprise in which such disabled ownership is real,  substan-
    13  tial and continuing;
    14    (iii) an enterprise in which such disabled ownership has and exercises
    15  the authority to control independently the day-to-day business decisions
    16  of the enterprise; and
    17    (iv)  an  enterprise authorized to do business in this state and inde-
    18  pendently owned and operated.
    19    (c) "Minority-owned business  enterprise"  shall  mean  such  term  as
    20  defined  in subdivision seven of section three hundred ten of the execu-
    21  tive law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09867-01-9

        A. 6004                             2
     1    (d) "Qualified contractor" shall mean a disabled-owned business enter-
     2  prise, a minority-owned business enterprise,  a  veteran-owned  business
     3  enterprise or a women-owned business enterprise, that has been in opera-
     4  tion for a period of not less than one year.
     5    (e) "Veteran" shall mean a person who:
     6    (i)  (A) has been in the active military service of the United States,
     7  as defined in subdivision eight of section one of the military law;
     8    (B) has served on full-time active duty in a force  of  the  organized
     9  militia,  as  defined in subdivision nine of section one of the military
    10  law, or in any similar force established by another state of the  United
    11  States; or
    12    (C)  has  served  on  full time active duty while in the United States
    13  army reserve, navy reserve, marine corps reserve, air force  reserve  or
    14  coast guard reserve; and
    15    (ii) has received an honorable or general discharge from such service.
    16    (f)  "Veteran-owned  business enterprise" shall mean a business enter-
    17  prise, including a sole proprietorship, partnership,  limited  liability
    18  company or corporation that is:
    19    (i)  at least fifty-one percent owned by one or more group members who
    20  are veterans;
    21    (ii) an enterprise in which such veteran ownership is  real,  substan-
    22  tial and continuing;
    23    (iii)  an enterprise in which such veteran ownership has and exercises
    24  the authority to control day-to-day business  decisions  of  the  enter-
    25  prise; and
    26    (iv)  an  enterprise authorized to do business in this state and inde-
    27  pendently owned and operated.
    28    (g) "Women-owned business enterprise" shall mean such term as  defined
    29  in  subdivision  fifteen  of  section three hundred ten of the executive
    30  law.
    31    2. As part of its implementation of the New York  sun  solar  electric
    32  incentive  program,  the  authority shall promulgate and implement rules
    33  and regulations which provide enhanced benefits and  incentives  to  the
    34  customers  of  certified installers that are qualified contractors. Such
    35  enhanced incentives shall apply to not  more  than  sixty  installations
    36  during  a calendar year by any individual qualified contractor. Further-
    37  more, no qualified contractor shall receive compensation  or  reimburse-
    38  ment,  in  any  form,  for  the  performance  of  any project, for which
    39  enhanced benefits are provided pursuant to this section, from any person
    40  or entity that is not a qualified contractor. Such rules and regulations
    41  shall apply statewide including to the Public Service Enterprise Group -
    42  Long Island in its service area.
    43    3. The authority shall establish and provide for an  additional  sixty
    44  cents per nameplate rated watt to customers of certified installers that
    45  are qualified contractors.
    46    4. The authority and the Public Service Enterprise Group - Long Island
    47  shall,  in  all written and electronic media controlled thereby, provide
    48  and publish, unique identifiers of certified installers that are  quali-
    49  fied contractors.
    50    5.    The  authority  and  the  Public Service Enterprise Group - Long
    51  Island shall provide qualified contractors with notice of the availabil-
    52  ity of sun solar electric and public works projects.
    53    6. Neither the authority nor the Public  Service  Enterprise  Group  -
    54  Long  Island  shall  impose  any additional limitations and restrictions
    55  upon the implementation of the provisions of this  section,  other  than
    56  those specifically stated in this section.

        A. 6004                             3
     1    7. The enhanced benefits established by this section shall be provided
     2  in  addition  to  and  shall  not  be substituted for any other benefits
     3  granted pursuant to the New York sun solar electric incentive program.
     4    8.  The authority shall maintain and implement the regulations promul-
     5  gated pursuant to this section for a period of not less than five years,
     6  and may extend the implementation thereof for such additional periods as
     7  it shall deem proper.
     8    9. The authority shall implement the provisions of this  section  from
     9  moneys  otherwise appropriated for the purpose of the New York sun solar
    10  electric incentive program, and no additional funds shall  be  appropri-
    11  ated for the purposes of this section.
    12    §  2.  The public service law is amended by adding a new section 73 to
    13  read as follows:
    14    § 73.  New  York  sun  solar  electric  incentive  program;  qualified
    15  contractors.  Notwithstanding  any  provision  of  law  to the contrary,
    16  including title one-A of article five of the public authorities law, the
    17  Public Service Enterprise Group - Long Island, in its implementation  of
    18  the New York sun solar electric incentive program, shall comply with the
    19  provisions  of  section  eighteen  hundred  fifty-four-e  of  the public
    20  authorities law.
    21    § 3. This act shall take effect immediately.
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