S09559 Summary:

Add §66-u, Pub Serv L
Relates to the establishment of a community renewable energy program; directs the public service commission to evaluate a program to allow individuals to choose to receive energy generated from renewable energy systems.
Go to top    

S09559 Actions:

Go to top

S09559 Committee Votes:

Go to top

S09559 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

S09559 Text:

                STATE OF NEW YORK
                    IN SENATE
                                   September 16, 2022
        Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
          printed to be committed to the Committee on Rules
        AN ACT to amend the public service law, in relation to the establishment
          of a community renewable energy program
          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  66-u to read as follows:
     3    § 66-u. Community renewable energy program. 1.  For  the  purposes  of
     4  this section, the following terms shall have the following meanings:
     5    (a)  "Jurisdictional  load serving entity" means any entity subject to
     6  the jurisdiction of the commission that  secures  energy  to  serve  the
     7  electrical energy requirements of end-use customers in New York state.
     8    (b) "Renewable energy systems" means systems that generate electricity
     9  or thermal energy through use of the following technologies: solar ther-
    10  mal, photovoltaics, on land and offshore wind, hydroelectric, geothermal
    11  electric,  geothermal  ground  source  heat,  tidal energy, wave energy,
    12  ocean thermal, and fuel  cells  which  do  not  utilize  a  fossil  fuel
    13  resource in the process of generating electricity.
    14    (c) "Low-income customer" means an individual or household that quali-
    15  fies  for  public  assistance  or  supplemental security income benefits
    16  under the social services law, or  the  federal  Supplemental  Nutrition
    17  Assistance Program (SNAP).
    18    (d)  "Disadvantaged  communities"  has  the same meaning as defined in
    19  article seventy-five of the environmental conservation law.
    20    (e) "Community renewable energy program" or "the program" means such a
    21  program developed pursuant to subdivision three of this section.
    22    (f) "Subscribers" means individuals that have opted to receive  energy
    23  generated  by  renewable  energy  systems  pursuant  to paragraph (a) of
    24  subdivision three of this section.
    25    2. (a) On or before March thirty-first, two thousand twenty-five,  the
    26  commission  shall evaluate the renewable energy systems currently in use
    27  by jurisdictional load serving entities  in  the  state,  including  net
    28  energy  metering  programs  under  this article, to determine whether it
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 9559                             2
     1  would be beneficial to ratepayers to establish a new program for  juris-
     2  dictional  load  serving  entities  in  the state, or modify an existing
     3  program, to establish a community renewable  energy  program  consistent
     4  with  subdivision  three  of  this section. If the commission determines
     5  that it would be beneficial to ratepayers  to  establish  the  community
     6  renewable energy program, the commission shall, on or before July first,
     7  two  thousand  twenty-five,  establish  the  program as part of the same
     8  proceeding and  require  each  jurisdictional  load  serving  entity  to
     9  participate in the program.
    10    (b) If the commission establishes a community renewable energy program
    11  pursuant  to paragraph (a) of this subdivision, each jurisdictional load
    12  serving entity, within one hundred eighty days of the  establishment  of
    13  the  program,  shall provide the commission with a plan to implement the
    14  program.
    15    3. The community renewable energy program, if  established,  shall  do
    16  all of the following:
    17    (a) Allow individuals to choose to receive energy from their jurisdic-
    18  tional  load  serving  entity  that  is  generated  by  renewable energy
    19  systems.
    20    (b) Ensure at least fifty-one percent of the program's capacity serves
    21  low-income customers.
    22    (c) Minimize impacts to nonparticipating customers by prohibiting  the
    23  program's  costs from being paid by nonparticipating customers in excess
    24  of the avoided costs.  Qualifying funds for financial  incentives  shall
    25  only be available through an appropriation by the legislature.
    26    (d)  Provide bill credits to subscribers based on the avoided costs of
    27  the program's facilities, as determined by the commission's methods  for
    28  calculating  the  full  set of benefits of distributed energy resources.
    29  The commission may use actual wholesale market  prices  for  the  energy
    30  supply portion of an avoided cost calculation or credit value.
    31    (e)  Prioritize  the  maximum  use of state and federal incentives and
    32  accelerate implementation of the program to ensure that time- or quanti-
    33  ty-limited federal  incentives  can  be  obtained  for  the  benefit  of
    34  subscribers. As part of this prioritization, the commission shall ensure
    35  that a jurisdictional load serving entity participating in the community
    36  renewable  energy program is eligible for an enhanced federal investment
    37  tax credit available as a qualified low-income economic benefit  project
    38  pursuant  to  subsection  (e)  of  section  48 of title 26 of the United
    39  States Code.
    40    4. (a) Within twenty-four months of establishing a community renewable
    41  energy program pursuant to this section,  if  applicable,  and  annually
    42  thereafter  for the duration of the program, the commission shall submit
    43  a report to the legislature, on the facilities  deployed  and  customers
    44  subscribed,  pursuant  to such program, including an analysis of low-in-
    45  come customer participation.
    46    (b) On or before March thirty-first,  two  thousand  twenty-five,  the
    47  commission shall report to the legislature on its actions taken pursuant
    48  to  this  section and its justification for its determination of whether
    49  to implement the program pursuant to this section.
    50    5. The commissioner is authorized to promulgate any rules and/or regu-
    51  lations necessary for the implementation of this section.
    52    § 2. This act shall take effect immediately.
Go to top