Provides the New York power authority with the right of first offer and refusal for acquiring any renewable generation facility, renewable energy generation project and any power or energy created by a renewable generation facility or renewable energy generation project.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A443A
SPONSOR: Carroll (MS) TITLE OF BILL:
An act to amend the public service law, in relation to providing the New
York power authority with the right of first offer and refusal for
certain renewable generation facilities and any power or energy created
by such renewable generation facilities
PURPOSE OR GENERAL IDEA OF BILL:
To provide the right of first refusal on renewable energy projects to
the New York Power Authority.
SUMMARY OF PROVISIONS:
Section 1 amends the public service law to by adding a new section 28
which gives the New York Power Authority the right to match the purchase
price of any renewable facility, project, and or and renewably generated
power, and so assume the role of purchaser. Section 2 clarifies the
scope of the act. Section 3 states the act shall take effect immediate-
ly.
JUSTIFICATION:
With the passage of the CLCPA, New York State has a mandate to scale up
our renewable energy infrastructure. NYPA is the most financially viable
entity for building renewables at the scale needed as it has the lowest
cost of capital, doesn't need to generate a profit for shareholders, and
can make renewable energy a right for all New Yorkers regardless of
income, race, or class. This bill empowers NYPA, giving it the ability
to own new renewable energy generation and have the right of first offer
on all new generation projects. It commits us to the renewable energy
transition that New York State needs while maintaining democratic over-
sight of our energy system.
PRIOR LEGISLATIVE HISTORY:
A.8937/S.7243 of 2019-20; A.1382/S.3032 of 2021-22
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
443--A
2023-2024 Regular Sessions
IN ASSEMBLY
January 9, 2023
___________
Introduced by M. of A. CARROLL, ROZIC, KIM, COLTON, SIMON, DINOWITZ,
DICKENS, WEPRIN, L. ROSENTHAL, CRUZ, GONZALEZ-ROJAS, BURDICK,
MITAYNES, SIMONE -- Multi-Sponsored by -- M. of A. COOK, HYNDMAN --
read once and referred to the Committee on Corporations, Authorities
and Commissions -- recommitted to the Committee on Corporations,
Authorities and Commissions in accordance with Assembly Rule 3, sec. 2
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the public service law, in relation to providing the New
York power authority with the right of first offer and refusal for
certain renewable generation facilities and any power or energy
created by such renewable generation facilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public service law is amended by adding a new section
2 28 to read as follows:
3 § 28. New York power authority right of first offer and refusal. The
4 New York power authority, as established by title one of article five of
5 the public authorities law, shall be allowed to match the purchase price
6 of any renewable generation facility, renewable energy generation
7 project and any power or energy created by a renewable generation facil-
8 ity or renewable energy generation project, at the time of sale of such
9 facility or project. In the event that the authority decides to match
10 and offer such purchase price, the authority shall assume the role of
11 the sole purchaser of the renewable generation facility, renewable ener-
12 gy generation project or any power or energy created by a renewable
13 generation facility or renewable energy generation project.
14 § 2. Nothing in this act is intended to limit, impair, or affect the
15 legal authority of the power authority of the state of New York under
16 any other provision of title 1 of article 5 of the public authorities
17 law.
18 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00334-03-4
