Bill Text: NY S04583 | 2013-2014 | General Assembly | Amended
Bill Title: Requires certain reports on environmental and renewable energy programs administered by NYSERDA to promote transparency, ensure proper use of funds, and help achieve the state's energy goals.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-01-17 - PRINT NUMBER 4583A [S04583 Detail]
Download: New_York-2013-S04583-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4583--A
2013-2014 Regular Sessions
I N S E N A T E
April 12, 2013
___________
Introduced by Sen. MAZIARZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Energy and Telecommuni-
cations -- recommitted to the Committee on Energy and Telecommuni-
cations in accordance with Senate Rule 6, sec. 8 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the public service law and the public authorities law,
in relation to certain reports of the New York state energy and
research development authority
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative intent and findings. Part of the mission of the
2 New York state energy research and development authority (NYSERDA) is to
3 help our state achieve its energy goals including reducing our energy
4 consumption, promoting the use of renewable energy sources, and protect-
5 ing our environment. Funding for NYSERDA is provided primarily by New
6 York state ratepayers. NYSERDA has a commitment to public service, and
7 its workforce reflects its public service orientation. Further, the
8 state encourages public authorities to participate in the work of the
9 Council of Contracting Agencies which was created to ensure systematic
10 collection and timely exchange of information relating to responsibility
11 and reliability of bidders. Because of NYSERDA's mission and source of
12 funding, the legislature hereby finds and declares that access to timely
13 and relevant information on certain NYSERDA programs is necessary to
14 promote transparency, ensure proper use of funds, and help achieve the
15 state's energy goals.
16 S 2. Section 5 of the public service law is amended by adding a new
17 subdivision 7 to read as follows:
18 7. THE COMMISSION SHALL ANALYZE THE SEMI-ANNUAL REPORTS PREPARED BY
19 THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY PURSUANT TO
20 SUBDIVISION SEVEN OF SECTION ONE THOUSAND EIGHT HUNDRED SIXTY-SEVEN OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10217-03-4
S. 4583--A 2
1 THE PUBLIC AUTHORITIES LAW. BY MARCH FIRST OF EVERY CALENDAR YEAR, THE
2 COMMISSION SHALL MAKE A DETERMINATION ON SUCH SEMI-ANNUAL REPORTS AS
3 DESCRIBED IN SUBDIVISION SEVEN OF SECTION ONE THOUSAND EIGHT HUNDRED
4 SIXTY-SEVEN OF THE PUBLIC AUTHORITIES LAW.
5 S 3. Section 1867 of the public authorities law is amended by adding a
6 new subdivision 7 to read as follows:
7 7. (A) FOR THE PURPOSE OF FURNISHING THE STATE WITH SYSTEMATIC INFOR-
8 MATION REGARDING THE STATUS AND THE ACTIVITIES OF THE AUTHORITY, THE
9 AUTHORITY SHALL SUBMIT TO THE GOVERNOR, THE MEMBERS OF THE PUBLIC
10 SERVICE COMMISSION, THE TEMPORARY PRESIDENT OF THE SENATE, THE ASSEMBLY
11 SPEAKER, THE CHAIR OF THE SENATE ENERGY AND TELECOMMUNICATIONS COMMITTEE
12 AND THE CHAIR OF THE ASSEMBLY ENERGY COMMITTEE, NO LATER THAN JULY FIRST
13 AND DECEMBER THIRTY-FIRST OF EVERY CALENDAR YEAR, A COMPLETE AND
14 DETAILED SEMI-ANNUAL REPORT SETTING FORTH THE INFORMATION DESCRIBED IN
15 PARAGRAPH (B) OF THIS SECTION.
16 (B) THE SEMI-ANNUAL REPORT REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS
17 SUBDIVISION SHALL RELATE TO THE ENVIRONMENTAL AND RENEWABLE ENERGY
18 PROGRAMS ADMINISTERED BY THE AUTHORITY UNDER THE RENEWABLE PORTFOLIO
19 STANDARD PROGRAM AND SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING
20 INFORMATION:
21 (I) THE AMOUNT OF MONEY COLLECTED UNDER THE RENEWABLE PORTFOLIO STAND-
22 ARD PROGRAM IN THE PREVIOUS SIX MONTHS;
23 (II) A LIST OF REQUESTS FOR PROPOSALS OR OTHER SOLICITATIONS THAT HAVE
24 BEEN PUT OUT TO BID IN THE PREVIOUS SIX MONTHS TOGETHER WITH A DETAILED
25 DESCRIPTION OF EACH;
26 (III) THE AMOUNT OF MONEY THAT IS ENCUMBERED, UNENCUMBERED, EXPENDED,
27 AND CONTRACTED FOR EACH REQUEST FOR PROPOSALS AND OTHER SOLICITATION
28 THAT HAS BEEN PUT OUT TO BID IN THE PREVIOUS SIX MONTHS;
29 (IV) A LIST OF PROJECTS THAT COMMENCED THE PERMITTING PROCESS IN THE
30 PREVIOUS SIX MONTHS TOGETHER WITH A DETAILED DESCRIPTION OF EACH
31 PROJECT, INCLUDING BUT NOT LIMITED TO, THE TYPE OF RENEWABLE ENERGY
32 INVOLVED, THE STATUS OF EACH PROJECT IN THE PERMITTING PROCESS, AND THE
33 EXTENT TO WHICH THE AUTHORITY COMPLIED WITH THE LOWEST RESPONSIBLE
34 BIDDER AND OTHER COMPETITIVE BIDDING REQUIREMENTS ESTABLISHED PURSUANT
35 TO NEW YORK EXECUTIVE ORDERS NUMBERS 170 AND 170.1;
36 (V) A LIST OF PROJECTS THAT HAVE COMMENCED CONSTRUCTION IN THE PREVI-
37 OUS SIX MONTHS TOGETHER WITH A DETAILED DESCRIPTION OF EACH PROJECT,
38 INCLUDING BUT NOT LIMITED TO, THE TYPE OF RENEWABLE ENERGY INVOLVED, THE
39 STATUS OF EACH PROJECT IN THE CONSTRUCTION PROCESS, AND THE EXTENT TO
40 WHICH THE AUTHORITY COMPLIED WITH THE LOWEST RESPONSIBLE BIDDER AND
41 OTHER COMPETITIVE BIDDING REQUIREMENTS ESTABLISHED PURSUANT TO NEW YORK
42 EXECUTIVE ORDERS NUMBERS 170 AND 170.1;
43 (VI) A LIST OF PROJECTS THAT HAVE BEEN COMPLETED IN THE PREVIOUS SIX
44 MONTHS TOGETHER WITH A DETAILED DESCRIPTION OF EACH PROJECT, INCLUDING
45 BUT NOT LIMITED TO, THE TYPE OF RENEWABLE ENERGY INVOLVED AND THE EXTENT
46 TO WHICH THE AUTHORITY COMPLIED WITH THE LOWEST RESPONSIBLE BIDDER AND
47 OTHER COMPETITIVE BIDDING REQUIREMENTS ESTABLISHED PURSUANT TO NEW YORK
48 EXECUTIVE ORDERS NUMBERS 170 AND 170.1;
49 (VII) THE RESULTS OF EACH REQUEST FOR PROPOSALS OR OTHER SOLICITATION
50 ISSUED IN THE PREVIOUS SIX MONTHS TOGETHER WITH A DESCRIPTION OF HOW
51 EACH PROJECT WILL CONTRIBUTE TO MEETING THE STATE'S GOALS FOR RENEWABLE
52 ENERGY PRODUCTION AND CONSUMER USAGE, AND AN INDICATION OF THE EXTENT TO
53 WHICH THE AUTHORITY COMPLIED WITH THE LOWEST RESPONSIBLE BIDDER AND
54 OTHER COMPETITIVE BIDDING REQUIREMENTS ESTABLISHED PURSUANT TO NEW YORK
55 EXECUTIVE ORDERS NUMBERS 170 AND 170.1; AND
S. 4583--A 3
1 (VIII) A REGIONAL BREAKDOWN OF PROJECTS SELECTED UNDER EACH PROGRAM,
2 INCLUDING AN INDICATION OF THE COUNTY AND UTILITY SERVICE TERRITORY IN
3 WHICH THE PROJECT IS LOCATED.
4 (C) IN THE EVENT THAT THE PUBLIC SERVICE COMMISSION DETERMINES THAT
5 THE REPORTS REQUIRED BY THIS SUBDIVISION DEMONSTRATE THAT OVER TWELVE
6 CONSECUTIVE MONTHS THE AUTHORITY'S POLICIES AND PROCEDURES UNDER THE
7 RENEWABLE PORTFOLIO STANDARD PROGRAM (I) DID NOT LEAD TO CONSTRUCTION
8 AND COMPLETION OF RENEWABLE ENERGY PROJECTS THAT ARE NECESSARY FOR THE
9 STATE TO MEET ITS MOST CURRENT GOALS FOR RENEWABLE ENERGY DEPLOYMENT, OR
10 (II) RESULTED IN A REGIONAL OR RENEWABLE ENERGY SOURCE IMBALANCE, THEN
11 THE PUBLIC SERVICE COMMISSION SHALL HALT AND SUSPEND ALL RENEWABLE PORT-
12 FOLIO STANDARD SOLICITATIONS PENDING OR CONTEMPLATED BY THE AUTHORITY
13 UNTIL SUCH TIME AS A REMEDIATION PLAN IS ADOPTED TO ENSURE CORRECTIVE
14 ACTIONS. THE AUTHORITY SHALL WORK COOPERATIVELY WITH THE COMMISSION TO
15 DEVELOP AND IMPLEMENT A REMEDIATION PLAN. AS A PART OF ANY PLAN SO
16 ADOPTED, A PUBLIC UTILITY COMPANY MAY PETITION THE COMMISSION FOR THE
17 RETURN OF UP TO TWENTY PERCENT OF THE MONEY COLLECTED BY SUCH UTILITY AS
18 A PART OF THE RENEWABLE PORTFOLIO STANDARD PROGRAM, AND SUCH MONIES WHEN
19 RETURNED SHALL BE USED BY THE UTILITY TO DEVELOP ITS OWN RENEWABLE PORT-
20 FOLIO STANDARD COMPLIANT PROGRAMS FOR THE PURPOSE OF MEETING THE STATE'S
21 ENERGY GOALS FOR RENEWABLE ENERGY DEVELOPMENT, HOWEVER UNDER NO CIRCUM-
22 STANCE SHALL A UTILITY USE SUCH FUNDS TO CONSTRUCT, OWN OR OPERATE ITS
23 OWN GENERATING SYSTEMS. ANY SUCH REMEDIATION PLAN MUST BE PROVIDED IN
24 WRITING TO THE GOVERNOR, THE MEMBERS OF THE PUBLIC SERVICE COMMISSION,
25 THE BOARD OF DIRECTORS OF THE AUTHORITY, THE TEMPORARY PRESIDENT OF THE
26 SENATE, THE ASSEMBLY SPEAKER, THE CHAIRMAN OF THE SENATE ENERGY AND
27 TELECOMMUNICATIONS COMMITTEE AND THE ASSEMBLY ENERGY COMMITTEE WITHIN
28 SIXTY DAYS OF ITS ADOPTION.
29 (D) WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS SUBDIVISION, THE
30 AUTHORITY SHALL JOIN, PARTICIPATE IN, AND COMPLY WITH THE ACTIVITIES AND
31 PROCEDURES OF THE COUNCIL OF CONTRACTING AGENCIES ESTABLISHED BY EXECU-
32 TIVE ORDER NO. 125, DATED MAY 22, 1989, IN ORDER TO ENHANCE THE AVAIL-
33 ABILITY OF AND ACCESS TO INFORMATION RELEVANT TO THE DETERMINATIONS BY
34 THE AUTHORITY RELATING TO THE RESPONSIBILITY AND RELIABILITY OF LOW
35 BIDDERS FOR THE AWARD OF CONTRACTS.
36 S 4. This act shall take effect January 1, 2015.
