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A00695 Summary:

BILL NOA00695
 
SAME ASNo Same As
 
SPONSORDinowitz
 
COSPNSRPaulin, Thiele
 
MLTSPNSR
 
Amd §2879-a, Pub Auth L
 
Relates to the approval of contracts awarded to owners of nuclear powered generating facilities; provides that certain exceptions to comptroller approval of contracts do not apply to a contract awarded by a public benefit corporation to the owner of a nuclear powered generating facility or facilities for the provision of zero-emissions attributes of generated electricity.
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A00695 Actions:

BILL NOA00695
 
01/11/2023referred to corporations, authorities and commissions
01/03/2024referred to corporations, authorities and commissions
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A00695 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A695
 
SPONSOR: Dinowitz
  TITLE OF BILL: An act to amend the public authorities law, in relation to the approval of contracts awarded to owners of nuclear powered generating facilities   PURPOSE OR GENERAL IDEA OF BILL: To clarify that authorization for the comptroller to require prior-ap- proval applies to certain contracts.   SUMMARY OF SPECIFIC PROVISIONS: The bill amends section 2879-a of public authorities law to clarify that certain exceptions to comptroller approval of contracts do not apply to a contract awarded by a public benefit corporation to the owner of a nuclear powered generating facility or facilities for the provision of zero-emissions attributes of generated electricity.   JUSTIFICATION: On August 1, 2016, the New York State Public Service Commission approved the Clean Energy Standard (CES) (Case 15-E-0302), which established the goal of obtaining 50% of the state's electricity from renewable sources by 2030. A component of the CES is the twelve-year "Zero-Emissions Cred- it" (ZEC) requirement. As a result of such requirement, in the first two years, 2017-2019, all New York energy consumers will pay a rate increase of $965 million to subsidize four upstate nuclear powered generating facilities (Fitzpatrick, Ginna, and Nine Mile units 1 and 2), with rates increasing as high as 10% for each two-year interval through the end of program. On April 1, 2017, the New York State Energy Research and Development Authority (NYSERDA) entered into a 12 year contract with the owner of the four nuclear powered generating facilities. Pursuant to the order, NYSERDA has purchased "Zero-Emissions Credits" (ZECs) from the facili- ties' owner. According to the order, a ZEC is a credit for the zero-em- issions attributes of one-megawatt hour of electricity produced by such facilities. Pursuant to the order, utilities are then required to purchase a proportional share of the ZECs from NYSERDA, inevitably pass- ing on the costs to their customers. The Department of Public Service proposed the version of the ZEC requirement that was adopted (with small modifications) by the Public Service Commission on July 8, 2016. Approximately three weeks later, on August 1, 2016, the CES order, which included the ZEC requirement, was adopted. Such a massive program, that will impact every New York rate- payer, merited greater transparency and review that the prior-approval of the comptroller could have provided. This bill would ensure that the comptroller would have the authority to require approval of any similar contract in the future.   LEGISLATIVE HISTORY: 2022: A.1610 - Reported to Rules 2021: A.1610 - Corporations, Authorities and Commissions 2019-20: A.3303 - Corporations, Authorities and Commissions 2017-18: A.8188 - Reported to Ways and Means   FISCAL IMPLICATIONS: Undetermined.   EFFECTIVE DATE: This act shall take effect immediately.
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A00695 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           695
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 11, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  DINOWITZ,  PAULIN,  THIELE  -- read once and
          referred to the Committee on Corporations, Authorities and Commissions
 
        AN ACT to amend the public authorities law, in relation to the  approval
          of  contracts  awarded to owners of nuclear powered generating facili-
          ties

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Section 2879-a of the public authorities law is amended by
     2  adding a new subdivision 3-a to read as follows:
     3    3-a. Paragraphs (d), (e) and (f) of subdivision three of this  section
     4  shall  not  apply  to  any  contract  awarded  to the owner of a nuclear
     5  powered generating facility or facilities  for  the  provision  of  such
     6  facility or facilities' zero-emissions attributes of generated electric-
     7  ity.
     8    § 2. This act shall take effect immediately.
 
 
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00718-01-3
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