Relates to providing net revenues from utility-owned large-scale renewable generation projects to low-income customers; authorizes utility companies to own such projects.
STATE OF NEW YORK
________________________________________________________________________
8384
IN SENATE
February 18, 2022
___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Energy and Telecommuni-
cations
AN ACT to amend the public service law, in relation to providing net
revenues from utility-owned large-scale renewable generation projects
to low-income customers and authorizes utility companies to own such
projects
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings and intent. 1. New York state recog-
2 nizes the deleterious impacts of climate change including increasingly
3 frequent catastrophic weather events.
4 2. Pursuant to the New York state climate leadership and community
5 protection act (CLCPA), New York state seeks to dramatically reduce
6 greenhouse gas emissions and move its electric generation from fossil
7 fuel-based generation to renewable-based generation. New York state has
8 mandated that seventy percent of electricity come from renewable energy
9 sources by year 2030 and one hundred percent of electricity come from
10 carbon neutral sources by 2040.
11 3. Further, New York state recognizes that the current pace of devel-
12 opment of in-state renewable energy resources is insufficient to meet
13 the state's statutory renewable generation goals on schedule.
14 4. Because New York state seeks to accomplish these energy-related
15 goals and standards as soon as practicable allowing regulated utilities
16 to own and operate renewable generation is essential to achieving such
17 goals and to provide a consistent and affordable supply of carbon-free,
18 renewably generated electricity by 2030, through 2050 and beyond.
19 5. New York state seeks to continue to develop in-state renewable
20 energy projects that will drive down costs, benefit customers receiving
21 retail electric delivery particularly those customers who are low to
22 moderate income.
23 § 2. The public service law is amended by adding a new section 66-s to
24 read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14768-01-2
S. 8384 2
1 § 66-s. Regulated large scale renewable generation. 1. In order to
2 support the state in meeting state energy-related goals and standards,
3 corporations subject to the provisions of this article providing retail
4 electric service shall be authorized to own and operate renewable energy
5 generating facilities in New York state. Such corporations shall be
6 authorized to own and operate such facilities individually or in part-
7 nership with other persons doing business in New York.
8 2. A corporation owning and operating a renewable energy generation
9 facility pursuant to this section shall provide all net revenues from
10 such facility to low-income customers in the form of bill credits, which
11 shall be in addition to any other program or benefit offered by the
12 corporation to assist such customers.
13 3. In addition to the provisions of subdivision two of this section,
14 any renewable energy generating facility owned by such a corporation
15 shall be:
16 (a) subject to commission oversight in order to ensure that: (i) the
17 power generated at such facilities remains in-state for the benefit of
18 customers and the state; (ii) the power generated at such facilities
19 shall not be exported out-of-state; and (iii) any repowering of such
20 generating facilities shall comply with all requirements of this
21 section;
22 (b) built, pursuant to a competitive third-party bidding process,
23 which shall be issued by the corporation;
24 (c) subject to section sixty-six-r of this article and section two
25 hundred twenty-four-d of the labor law; and
26 (d) owned and operated in a manner that provides beneficial cost and
27 rate impacts to customers.
28 4. The commission shall establish a generation capacity limit for the
29 total generation capacity owned by corporations pursuant to this
30 section. The total generation capacity shall not exceed twenty-five
31 percent of the total generation capacity needed to achieve the renewable
32 energy goals described in section sixty-six-p of this article.
33 5. The commission shall issue such orders, rules and regulations as
34 may be necessary and appropriate to implement this section.
35 § 3. No later than sixty days after the effective date of this act,
36 the public service commission shall commence a proceeding necessary and
37 appropriate to implement the provisions of section 66-s of the public
38 service law.
39 § 4. This act shall take effect immediately.
