Add S66-m, Pub Serv L; amd S1005, ren SS1020-hh - 1020-jj to be SS1020-ii - 1020-kk, add S1020-hh, Pub Auth L
Creates the New York solar industry development and jobs act; relates to procurement of solar renewable energy credits; establishes schedule with annual percentages to be met for compliance years.
STATE OF NEW YORK
________________________________________________________________________
7093--B
IN SENATE
March 11, 2010
___________
Introduced by Sens. THOMPSON, ADAMS, ADDABBO, DIAZ, DILAN, DUANE, ESPA-
DA, FOLEY, HASSELL-THOMPSON, HUNTLEY, KLEIN, KRUEGER, LANZA, LEIBELL,
MONTGOMERY, ONORATO, OPPENHEIMER, PADAVAN, PARKER, PERALTA, PERKINS,
SAVINO, SCHNEIDERMAN, SERRANO, SQUADRON, STACHOWSKI, STEWART-COUSINS
-- read twice and ordered printed, and when printed to be committed to
the Committee on Energy and Telecommunications -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- 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 the creation of the New York solar industry development
and jobs act of 2010 and the procurement of solar renewable energy
credits; and providing for the repeal of such provisions upon expira-
tion thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative intent and purpose. It is the intent of the
2 legislature to enable the rapid and sustainable development of a robust
3 solar power industry in New York by creating a scalable, diverse and
4 competitive solar energy market within the state. By tapping into the
5 state's abundant solar energy resources, it is the further intent of the
6 legislature to harness the multiple benefits associated with the gener-
7 ation of such clean power, including the significant creation of much
8 needed jobs within the state, a reduction of the long-term costs of
9 electricity generation for New York's energy consumers, including trans-
10 mission and distribution costs that continue to accelerate in proportion
11 to overall electricity supply costs for the residents of this state,
12 increased reliability of the state's electric grid, and a decrease in
13 the emission of harmful air pollution, including localized emissions
14 from "peaker" plants and greenhouse gas emissions. By establishing such
15 a program, New York will create a solar energy enterprise that will
16 elevate the state to be among the world's cutting edge clean energy
17 industry leaders, while helping to secure increased economic development
18 for New Yorkers.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16423-05-0
S. 7093--B 2
1 § 2. Short title. This act shall be known and may be cited as the
2 "New York solar industry development and jobs act of 2010".
3 § 3. The public service law is amended by adding a new section 66-m to
4 read as follows:
5 § 66-m. Procurement of solar renewable energy credits. 1. As used in
6 this section:
7 (a) "Building integrated photovoltaic equipment" means a photovoltaic
8 device that directly functions as a part of the envelope of a building
9 including integrated roof cover, facade or building cladding, glazed
10 surfaces, solar shading devices, canopies and skylights;
11 (b) "Electric distribution company" means an investor-owned utility
12 that distributes electricity within New York state;
13 (c) "Photovoltaic device" means a system of components that generates
14 electricity from incidental sunlight by means of the photovoltaic
15 effect, whether or not the device is coupled with a device capable of
16 storing the energy produced for later use;
17 (d) "Qualified solar energy generation" means power generated by a
18 photovoltaic device that is placed in service within the jurisdictional
19 boundaries of the state of New York after the effective date of this
20 section;
21 (e) "Qualified solar energy generator" means the owner of a photovol-
22 taic device or devices that produces qualified solar energy generation;
23 (f) "Retail distributed solar energy generation" means qualified solar
24 energy generation produced by a photovoltaic device that is intercon-
25 nected to the distribution system on the customer side of the electric
26 distribution company meter;
27 (g) "Retail electric supplier" means an entity authorized to sell
28 electricity at retail to end-use customers in New York, including an
29 electric distribution company acting as a provider of last resort or an
30 energy service company licensed by the commission for such purpose;
31 (h) "Small retail distributed solar energy generation" means retail
32 distributed solar energy generation produced by a photovoltaic device
33 that is equal to or less than 50 kW in size;
34 (i) "Solar alternative compliance payment" means a payment of a
35 certain dollar amount per megawatt-hour, as established by the commis-
36 sion, that a retail electric supplier may submit to the commission in
37 order to comply with its annual obligations established in subdivision
38 two of this section;
39 (j) "Solar purchase agreement" means an agreement, for a minimum of
40 fifteen years, for the purchase of SRECs from a qualified solar energy
41 generator; and
42 (k) "Solar renewable energy credit" or "SREC" means the environmental
43 attributes associated with one megawatt-hour of qualified solar energy
44 generation.
45 2. (a) Each retail electric supplier shall annually procure, at mini-
46 mum, SRECs to meet the following percentages of such supplier's total
47 electric sales in each compliance year:
48 ComplianceAnnual
49 YearRequirement
50 20120.05%
51 20130.10%
52 20140.15%
53 20150.20%
54 20160.25%
55 20170.30%
56 20180.40%
S. 7093--B 3
1 20190.50%
2 20200.75%
3 20211.00%
4 20221.25%
5 20231.50%
6 20242.00%
7 20252.50%
8 (b) At least twenty percent of the annual obligation applicable to
9 each retail electric supplier that is an electric distribution company
10 shall be met through the procurement of SRECs associated with small
11 retail distributed solar energy generation; and at least an additional
12 thirty percent of the annual obligation applicable to each retail elec-
13 tric supplier that is an electric distribution company shall be met
14 through the procurement of SRECs associated with retail distributed
15 solar energy generation produced by equipment of any size.
16 (c) Obligations for the procurement of SRECs associated with qualified
17 solar energy generation shall continue until all existing solar purchase
18 agreements have expired.
19 (d) Retail electric suppliers may meet their obligations established
20 by the commission pursuant to this subdivision through the procurement
21 of SRECs together with or separate from the associated qualified solar
22 energy generation.
23 (e) The commission, in coordination with the New York state energy
24 research and development authority and the wholesale grid operator,
25 shall establish an automated SREC tracking system within three months of
26 the effective date of this section.
27 (f) SRECs shall be eligible for use in meeting the obligations estab-
28 lished in this subdivision in the compliance year in which they are
29 created and for the following two compliance years.
30 3. (a) In the event that retail electric suppliers cannot meet their
31 obligations established in subdivision two of this section, they shall
32 be permitted to discharge such obligations by making a solar alternative
33 compliance payment in an amount established by the commission, provided,
34 however, that the commission shall set such payment at a level that
35 shall stimulate the development of new qualified solar energy generation
36 equipment necessary to achieve the obligations established in subdivi-
37 sion two of this section.
38 (b) No later than January first, two thousand eleven, the commission
39 shall establish a solar alternative compliance payment schedule through
40 the year two thousand twenty-five, and shall annually review such sched-
41 ule to ensure that the payments are set at a level to stimulate the
42 development of new qualified solar energy generation equipment, in
43 accordance with the previous subdivision. Once such schedule is estab-
44 lished, the commission may adopt, after appropriate notice and opportu-
45 nity for public comment, an increase in alternative compliance payments,
46 provided that the commission shall not reduce previously established
47 levels of payments, nor shall the commission provide relief from the
48 obligation of payment of the solar alternative compliance payments by
49 the retail electric suppliers in any form.
50 (c) The commission shall make available all monies from amounts
51 collected through such alternative compliance payments for solar initi-
52 atives to be developed by the New York state energy research and devel-
53 opment authority.
54 4. (a) No later than January first, two thousand eleven, the commis-
55 sion shall establish a template for solar purchase agreements to be used
56 by retail electric suppliers that are electric distribution companies
S. 7093--B 4
1 for their procurement of SRECs for the purpose of fulfilling their obli-
2 gations established in subdivision two of this section.
3 (b) Each retail electric supplier that is an electric distribution
4 company shall, not later than July first, two thousand eleven, submit
5 for commission review and approval a solar solicitation plan that shall
6 include a timetable and methodology for soliciting proposals for SRECs
7 associated with qualified solar energy generation other than small
8 retail distributed solar energy generation, for the purpose of fulfill-
9 ing its obligations established in subdivision two of this section. The
10 electric distribution company's solar solicitation plan shall be
11 designed to foster a diversity of solar project sizes and participation
12 among all eligible customer classes subject to cost-effectiveness
13 considerations. A separate solicitation process shall be conducted for
14 the procurements of SRECs associated with retail distributed solar ener-
15 gy generation produced by equipment that is between fifty-one and two
16 hundred fifty kilowatts in size.
17 (c) Each retail electric supplier that is an electric distribution
18 company shall execute its approved solicitation plan and submit for
19 commission review and approval its preferred solar procurement plan
20 comprised of proposed solar purchase agreements for SRECs associated
21 with qualified solar energy generation other than small retail distrib-
22 uted solar energy generation. The commission may approve, reject or
23 modify an application for approval of such plan, provided that the
24 commission shall approve such plan if the commission finds that: (i) the
25 solicitation and evaluation conducted by the electric distribution
26 company was the result of a fair, open, competitive and transparent
27 process; (ii) approval of the solar procurement plan would result in the
28 achievement of the distribution company's obligations pertaining to the
29 procurement of SRECs associated with qualified solar energy generation
30 other than small retail distributed solar energy generation at the
31 lowest reasonable cost; and (iii) such procurement plan satisfies other
32 criteria as may be established in the approved solicitation plan. If the
33 commission does not approve, reject or modify the distribution company's
34 application within sixty days, the procurement plan shall be deemed
35 approved.
36 (d) No later than July first, two thousand eleven, each retail elec-
37 tric supplier that is an electric distribution company shall submit to
38 the commission for review and approval a plan for the achievement of its
39 obligation pertaining to the procurement of SRECs associated with small
40 retail distributed solar energy generation established in subdivision
41 two of this section.
42 5. Each retail electric supplier that is an electric distribution
43 company shall be entitled to recover the prudently incurred costs of
44 complying with its obligations established in subdivision two of this
45 section, as determined by the commission. All such costs shall be recov-
46 ered through the supply portion of each electric customer's bill in a
47 competitively neutral manner.
48 6. No later than July first, two thousand eleven, the commission shall
49 establish an incentive program for retail electric suppliers that are
50 electric distribution companies based on such companies' achievement of
51 their obligations, and exemplary performance beyond such obligations,
52 established in subdivision two of this section (i) in a cost-effective
53 manner that achieves the obligations at least cost and avoids long-term
54 costs to the transmission and distribution system; (ii) provides
55 enhanced electricity reliability within companies' service territories;
56 and (iii) minimizes peak load in constrained areas.
S. 7093--B 5
1 7. No later than January first, two thousand eleven, the commission
2 shall, in consultation with the New York state energy research and
3 development authority, establish the terms and conditions that shall be
4 applicable to solar purchase agreements entered into by retail electric
5 suppliers that are electric distribution companies for the procurement
6 of SRECs associated with small retail distributed solar energy gener-
7 ation, for the purpose of achieving such companies' obligations pertain-
8 ing to SRECs associated with such generation established in subdivision
9 two of this section. Such terms and conditions shall include a tariff,
10 as established by the commission in conjunction with the New York state
11 energy research and development authority, for the procurement of SRECs
12 associated with small retail distributed solar energy generation, to be
13 paid by electric distribution companies to applicable qualified solar
14 energy generators. The commission, in conjunction with the New York
15 state energy research and development authority, shall establish a sepa-
16 rate tariff for the procurement of SRECs associated with small retail
17 distributed solar energy generation that is produced by building inte-
18 grated photovoltaic equipment, which shall be equivalent to one hundred
19 twenty-five percent of the tariff applicable to SRECs associated with
20 other sources of small retail distributed solar energy generation. The
21 commission, in conjunction with the New York state energy research and
22 development authority, shall review such tariffs every two years and
23 adjust as necessary to achieve the obligations pertaining to SRECs asso-
24 ciated with small retail distributed solar energy generation established
25 in subdivision two of this section.
26 8. Retail contracts for the sale of electricity entered into before
27 January first, two thousand twelve by retail electric suppliers that are
28 not electric distribution companies shall be exempt from the obligations
29 established in subdivision two of this section.
30 9. Each retail electric supplier that is an electric distribution
31 company shall be permitted to construct, own and operate qualified solar
32 energy generation equipment for the purpose of complying with the compa-
33 ny's obligations established in subdivision two of this section;
34 provided, however, that the SRECs associated with the qualified solar
35 energy generation produced by such equipment shall not, in the aggre-
36 gate, comprise greater than twenty-five percent of such company's obli-
37 gations, as established in subdivision two of this section, in any
38 calendar year. No electric distribution company may recover prudently
39 incurred costs associated with the construction of qualified solar ener-
40 gy generation equipment without obtaining prior approval for the costs
41 from the commission.
42 10. Each retail electric supplier that is an electric distribution
43 company shall be permitted to resell or otherwise dispose of SRECs and
44 any associated qualified solar energy generation procured by such compa-
45 ny that is in excess of its obligations established in subdivision two
46 of this section, provided the company shall net the cost of payments
47 made for SRECs and any associated qualified solar energy generation
48 under solar purchase agreements against the proceeds of the sale of
49 SRECs and any associated qualified solar energy generation, and the
50 difference shall be credited or charged to the electric distribution
51 company's customers through a reconciling component of electric rates,
52 as determined by the commission.
53 11. (a) No later than July first, two thousand thirteen, and no later
54 than July first of each year thereafter through the year two thousand
55 twenty-six the commission shall report to the governor, speaker of the
56 assembly, majority leader of the senate, and chairs of the senate and
S. 7093--B 6
1 assembly energy committees, and shall post on its website, a report
2 regarding the progress of each retail electric supplier in meeting its
3 obligations established in subdivision two of this section.
4 (b) Each retail electric supplier shall provide to the commission the
5 information necessary to fulfill the commission's obligations pursuant
6 to this subdivision, in accordance with an annual reporting obligation
7 and process to be established by the commission.
8 (c) Each report that shall be submitted pursuant to this subdivision
9 shall include, but not be limited to, for each retail electric supplier
10 for the previous calendar year and for the total of all calendar years
11 to date: (i) the actual number of megawatt-hours of qualified solar
12 energy generation sold at retail to New York end-use customers and the
13 total number of megawatt-hours sold at retail to New York end-use
14 customers; (ii) the number of SRECs associated with qualified solar
15 energy generation that were retired for the purposes of meeting the
16 supplier's obligations established in subdivision two of this section
17 and (iii) the amount, if any, of solar alternative compliance payments
18 made. Such report shall also include, for each retail electric supplier
19 that is an electric distribution company: (1) the number of SRECs each
20 associated with small retail distributed solar energy generation, retail
21 distributed solar energy generation produced by equipment that is
22 between fifty-one and two hundred fifty kilowatts in size and retail
23 distributed solar energy generation produced by equipment of any size
24 that were procured; (2) the number of such SRECs procured through solar
25 purchase agreements and the electric distribution company's ownership of
26 qualified solar energy generation equipment, respectively; and (3) the
27 amount paid to qualified solar energy generators through tariffs estab-
28 lished pursuant to subdivision seven of this section for SRECs associ-
29 ated with small retail distributed solar energy generation.
30 § 4. Section 1005 of the public authorities law is amended by adding a
31 new subdivision 17 to read as follows:
32 17. a. For the purposes of this subdivision, the following terms shall
33 have the following meanings:
34 (1) "Photovoltaic device" means a system of components that generates
35 electricity from incidental sunlight by means of the photovoltaic
36 effect, whether or not the device is coupled with a device capable of
37 storing the energy produced for later use;
38 (2) "Qualified solar energy generation" means power generated by a
39 photovoltaic device that is placed in service within the jurisdictional
40 boundaries of the state of New York after the effective date of this
41 subdivision;
42 (3) "Qualified solar energy generator" means the owner of a photovol-
43 taic device or devices that produces qualified solar energy generation;
44 (4) "Retail distributed solar energy generation" means qualified solar
45 energy generation produced by a photovoltaic device that is intercon-
46 nected to the distribution system on the customer side of the electric
47 distribution company meter;
48 (5) "Small retail distributed solar energy generation" means retail
49 distributed solar energy generation produced by a photovoltaic device
50 that is equal to or less than 50 kW in size;
51 (6) "Solar purchase agreement" means an agreement, for a minimum of
52 fifteen years, for the purchase of SRECs from a qualified solar energy
53 generator; and
54 (7) "Solar renewable energy credit" or "SREC" means the environmental
55 attributes associated with one megawatt-hour of qualified solar energy
56 generation.
S. 7093--B 7
1 b. (1) The authority shall annually procure, at minimum, SRECs associ-
2 ated with gigawatt-hours of qualified solar energy generation in accord-
3 ance with the following schedule:
4 ComplianceAnnual
5 YearRequirement
6 20120.25%
7 20130.40%
8 20140.55%
9 20150.70%
10 20160.90%
11 20171.10%
12 20181.30%
13 20191.50%
14 20201.75%
15 20212.00%
16 20222.50%
17 20233.00%
18 20243.50%
19 20254.50%
20 (2) At least twenty percent of the annual obligation established in
21 this paragraph shall be met through the procurement of SRECs associated
22 with small retail distributed solar energy generation; and at least an
23 additional thirty percent of the annual obligation established in this
24 paragraph shall be met through the procurement of SRECs associated with
25 retail distributed solar energy generation produced by equipment of any
26 size.
27 (3) Obligations for the procurement of SRECs associated with qualified
28 solar energy generation shall continue until all existing solar purchase
29 agreements have expired.
30 (4) The authority may meet its obligations established in this para-
31 graph through the procurement of SRECs together with or separate from
32 the associated qualified solar energy generation.
33 c. (1) No later than July first, two thousand eleven, the authority
34 shall submit to the governor, speaker of the assembly, majority leader
35 of the senate, and chairs of the senate and assembly energy committees,
36 and shall post on its website, a solar solicitation plan that shall
37 include a timetable and methodology for soliciting proposals for SRECs
38 associated with qualified solar energy generation other than small
39 retail distributed solar energy generation, for the purpose of fulfill-
40 ing its obligations established in paragraph b of this subdivision. The
41 authority's solar solicitation plan shall be designed to foster a diver-
42 sity of solar project sizes and participation among all eligible custom-
43 er classes subject to cost-effectiveness considerations. A separate
44 solicitation process shall be conducted for the procurement of SRECs
45 associated with retail distributed solar energy generation produced by
46 equipment that is between fifty-one and two hundred fifty kilowatts in
47 size.
48 (2) The authority shall execute its solicitation plan and shall submit
49 to the comptroller, governor, speaker of the assembly, majority leader
50 of the senate, and chairs of the senate and assembly energy committees,
51 and shall post on its website, its solar procurement plan comprised of
52 any solar purchase agreements for SRECs associated with qualified solar
53 energy generation other than small retail distributed solar energy
54 generation. The comptroller shall review such plan to assess whether it
55 is the result of a fair, open, competitive and transparent process and
56 shall report to the governor, speaker of the assembly, majority leader
S. 7093--B 8
1 of the senate, and chairs of the senate and assembly energy committees
2 regarding the results of such assessment.
3 (3) No later than July first, two thousand eleven, the authority shall
4 submit to the governor, speaker of the assembly, majority leader of the
5 senate, and chairs of the senate and assembly energy committees, and
6 shall post on its website, a plan for the achievement of its obligation
7 pertaining to the procurement of SRECs associated with small retail
8 distributed solar energy generation established in paragraph b of this
9 subdivision.
10 d. (1) No later than July first, two thousand thirteen, and no later
11 than July first of each year thereafter through the year two thousand
12 twenty-six, the authority shall report to the governor, speaker of the
13 assembly, majority leader of the senate, and chairs of the senate and
14 assembly energy committees, and shall post on its website, a report
15 regarding its progress in meeting its obligations established in para-
16 graph b of this subdivision.
17 (2) Each report that shall be submitted pursuant to this paragraph
18 shall include, but not be limited to, for the previous calendar year and
19 for the total of all calendar years to date: (i) the number of SRECs
20 associated with qualified solar energy generation retired for the
21 purposes of meeting the authority's obligations established in paragraph
22 b of this subdivision; (ii) the number of such SRECs each associated
23 with small retail distributed solar energy generation, retail distrib-
24 uted solar energy generation produced by equipment that is between
25 fifty-one and two hundred fifty kilowatts in size and retail distributed
26 solar energy generation produced by equipment of any size that were
27 procured; and (iii) the number of such SRECs procured through solar
28 purchase agreements and the authority's ownership of qualified solar
29 energy generation equipment, respectively.
30 § 5. Sections 1020-hh, 1020-ii and 1020-jj of the public authorities
31 law, as renumbered by chapter 433 of the laws of 2009, are renumbered
32 sections 1020-ii, 1020-jj and 1020-kk and a new section 1020-hh is added
33 to read as follows:
34 § 1020-hh. Procurement of solar renewable energy credits. 1. As used
35 in this section:
36 (a) "Building integrated photovoltaic equipment" means a photovoltaic
37 device that directly functions as a part of the envelope of a building
38 including integrated roof cover, facade or building cladding, glazed
39 surfaces, solar shading devices, canopies and skylights;
40 (b) "Photovoltaic device" means a system of components that generates
41 electricity from incidental sunlight by means of the photovoltaic
42 effect, whether or not the device is coupled with a device capable of
43 storing the energy produced for later use;
44 (c) "Qualified solar energy generation" means power generated by a
45 photovoltaic device that is placed in service within the jurisdictional
46 boundaries of the state of New York after the effective date of this
47 section;
48 (d) "Qualified solar energy generator" means the owner of a photovol-
49 taic device or devices that produces qualified solar energy generation;
50 (e) "Retail distributed solar energy generation" means qualified solar
51 energy generation produced by a photovoltaic device that is intercon-
52 nected to the distribution system on the customer side of the electric
53 distribution company meter;
54 (f) "Small retail distributed solar energy generation" means retail
55 distributed solar energy generation produced by a photovoltaic device
56 that is equal to or less than 50 kW in size;
S. 7093--B 9
1 (g) "Solar purchase agreement" means an agreement, for a minimum of
2 fifteen years, for the purchase of SRECs from a qualified solar energy
3 generator; and
4 (h) "Solar renewable energy credit" or "SREC" means the environmental
5 attributes associated with one megawatt-hour of qualified solar energy
6 generation.
7 2. (a) The authority shall annually procure, at minimum, SRECs associ-
8 ated with gigawatt-hours of qualified solar energy generation in accord-
9 ance with the following schedule:
10 ComplianceAnnual
11 YearRequirement
12 20120.25%
13 20130.40%
14 20140.55%
15 20150.70%
16 20160.90%
17 20171.10%
18 20181.30%
19 20191.50%
20 20201.75%
21 20212.00%
22 20222.50%
23 20233.00%
24 20243.50%
25 20254.50%
26 (b) At least twenty percent of the annual obligation established in
27 this subdivision shall be met through the procurement of SRECs associ-
28 ated with small retail distributed solar energy generation; and at least
29 an additional thirty percent of the annual obligation established in
30 this subdivision shall be met through the procurement of SRECs associ-
31 ated with retail distributed solar energy generation produced by equip-
32 ment of any size.
33 (c) Obligations for the procurement of SRECs associated with qualified
34 solar energy generation shall continue until all existing solar purchase
35 agreements have expired.
36 (d) The authority may meet its obligations established in this subdi-
37 vision through the procurement of SRECs together with or separate from
38 the associated qualified solar energy generation.
39 3. (a) No later than July first, two thousand eleven, the authority
40 shall submit to the governor, speaker of the assembly, majority leader
41 of the senate, and chairs of the senate and assembly energy committees,
42 and shall post on its website, a solar solicitation plan that shall
43 include a timetable and methodology for soliciting proposals for SRECs
44 associated with qualified solar energy generation other than small
45 retail distributed solar energy generation, for the purpose of fulfill-
46 ing its obligations established in subdivision two of this section. The
47 authority's solar solicitation plan shall be designed to foster a diver-
48 sity of solar project sizes and participation among all eligible custom-
49 er classes subject to cost-effectiveness considerations. A separate
50 solicitation process shall be conducted for the procurement of SRECs
51 associated with retail distributed solar energy generation produced by
52 equipment that is between fifty-one and two hundred fifty kilowatts in
53 size.
54 (b) The authority shall execute its solicitation plan and shall submit
55 to the comptroller, governor, speaker of the assembly, majority leader
56 of the senate, and chairs of the senate and assembly energy committees,
S. 7093--B 10
1 and shall post on its website, its solar procurement plan comprised of
2 any solar purchase agreements for SRECs associated with qualified solar
3 energy generation other than small retail distributed solar energy
4 generation. The comptroller shall review such plan to assess whether it
5 is the result of a fair, open, competitive and transparent process and
6 shall report to the governor, speaker of the assembly, majority leader
7 of the senate, and chairs of the senate and assembly energy committees
8 regarding the results of such assessment.
9 (c) No later than July first, two thousand eleven, the authority shall
10 submit to the governor, speaker of the assembly, majority leader of the
11 senate, and chairs of the senate and assembly energy committees, and
12 shall post on its website, a plan for the achievement of its obligation
13 pertaining to the procurement of SRECs associated with small retail
14 distributed solar energy generation established in subdivision two of
15 this section.
16 4. No later than January first, two thousand eleven, the authority
17 shall establish a tariff that it shall pay to applicable qualified solar
18 energy generators with which the authority enters into solar purchase
19 agreements for the procurement of SRECs associated with small retail
20 distributed solar energy generation for the purpose of achieving the
21 authority's obligations pertaining to SRECs associated with such gener-
22 ation established in subdivision two of this section. The authority
23 shall establish a separate tariff for the procurement of SRECs associ-
24 ated with small retail distributed solar energy generation that is
25 produced by building integrated photovoltaic equipment, which shall be
26 equivalent to one hundred twenty-five percent of the tariff applicable
27 to SRECs associated with other sources of small retail distributed solar
28 energy generation. The authority shall review such tariffs every two
29 years and adjust as necessary to achieve its obligations pertaining to
30 SRECs associated with small retail distributed solar energy generation
31 established in subdivision two of this section.
32 5. (a) No later than July first, two thousand thirteen, and no later
33 than July first of each year thereafter through the year two thousand
34 twenty-six, the authority shall report to the governor, speaker of the
35 assembly, majority leader of the senate, and chairs of the senate and
36 assembly energy committees, and shall post on its website, a report
37 regarding its progress in meeting its obligations established in subdi-
38 vision two of this section.
39 (b) Each report that shall be submitted pursuant to this subdivision
40 shall include, but not be limited to, for the previous calendar year and
41 for the total of all calendar years to date: (i) the number of SRECs
42 associated with qualified solar energy generation retired for the
43 purposes of meeting the authority's obligations established in subdivi-
44 sion two of this section; (ii) the number of such SRECs each associated
45 with small retail distributed solar energy generation, retail distrib-
46 uted solar energy generation produced by equipment that is between
47 fifty-one and two hundred fifty kilowatts in size and retail distributed
48 solar energy generation produced by equipment of any size that were
49 procured; (iii) the number of such SRECs procured through solar purchase
50 agreements and the authority's ownership of qualified solar energy
51 generation equipment, respectively; and (iv) the amount paid to quali-
52 fied solar energy generators for SRECs associated with small retail
53 distributed solar energy generation through the tariffs established
54 pursuant to subdivision four of this section.
55 § 6. If any provision of this act is, for any reason, declared uncon-
56 stitutional or invalid, in whole or in part, by any court of competent
S. 7093--B 11
1 jurisdiction, such portion shall be deemed severable, and such unconsti-
2 tutionality or invalidity shall not affect the validity of the remaining
3 provisions of this act, which remaining provisions shall continue in
4 full force and effect.
5 § 7. This act shall take effect immediately; provided, however, that
6 this act shall expire and be deemed repealed on the date the commission-
7 er of the public service commission notifies the legislative bill draft-
8 ing commission of the occurrence of the implementation of a substantial-
9 ly similar federal program.
