•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A08937 Summary:

BILL NOA08937
 
SAME ASSAME AS S07243
 
SPONSORCarroll
 
COSPNSRRozic, Mosley, Kim, D'Urso, Colton, Richardson, Dinowitz, Simon, Gottfried, Dickens, Weprin, Ortiz, Cruz, Barnwell
 
MLTSPNSRCook, Hyndman, Lentol, Simotas
 
Amd 1005, Pub Auth L; add 28, amd 44, Pub Serv L; rpld 349-d, Gen Bus L
 
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; bans non-state run energy services companies; allows the New York power authority to take over and operate as an energy services company.
Go to top

A08937 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8937
 
                   IN ASSEMBLY
 
                                     January 2, 2020
                                       ___________
 
        Introduced  by M. of A. CARROLL -- read once and referred to the Commit-
          tee on Corporations, Authorities and Commissions
 
        AN ACT to amend the public authorities law and 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  facili-
          ties; bans energy services companies; and to repeal certain provisions
          of the general business law relating thereto
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 1005 of the public authorities law  is  amended  by
     2  adding two new subdivisions 28 and 29 to read as follows:
     3    28.  (a)  To  purchase,  finance,  plan,  design,  engineer,  acquire,
     4  construct, operate or manage any renewable generation facility,  renewa-
     5  ble energy generating project, battery energy storage systems, renewable
     6  thermal  energy  technology  such as heat pumps, solar thermal, or other
     7  heating or cooling technologies using renewable sources of  energy  that
     8  do not emit greenhouse gases, or any power or energy created by a renew-
     9  able  generation  facility  or renewable energy generation project under
    10  the right of first offer and refusal established under  section  twenty-
    11  eight of the public service law.
    12    (b)  For  purposes  of  this subdivision, "renewable energy generating
    13  project" shall mean a project that generates power and energy  by  means
    14  of  renewable  energy  resources,  or that stores and supplies power and
    15  energy generated by means of renewable energy  resources,  and  includes
    16  the  construction, installation and/or operation of ancillary facilities
    17  or equipment done in connection with any such renewable energy  generat-
    18  ing  projects,  provided,  however, that such term shall not include the
    19  authority's Saint Lawrence hydroelectric project or  Niagara  hydroelec-
    20  tric project.
    21    29.  To sell or provide energy services to end-use customers using the
    22  transmission or distribution system of a utility. Any  power  or  energy
    23  sold under this subdivision shall be made entirely from renewable energy
    24  resources.  For  the  purposes  of  this  subdivision, "renewable energy
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13943-03-9

        A. 8937                             2
 
     1  resources" means solar power, wind power, hydroelectric, and  any  other
     2  generation  resource authorized by any renewable energy standard adopted
     3  by the state for the purpose of  implementing  any  state  clean  energy
     4  standard.
     5    §  2.  The public service law is amended by adding a new section 28 to
     6  read as follows:
     7    § 28. New York power authority right of first offer and  refusal.  The
     8  New York power authority, as established by title one of article five of
     9  the public authorities law, shall be allowed to match the purchase price
    10  of  any  renewable  generation  facility,  renewable  energy  generation
    11  project and any power or energy created by a renewable generation facil-
    12  ity or renewable energy generation  project.  In  the  event  that  such
    13  authority  matches  such purchase price, such authority shall assume the
    14  role of purchaser of the renewable generation facility, renewable energy
    15  generation project or any power or energy created by a renewable  gener-
    16  ation facility or renewable energy generation project.
    17    § 3. Section 349-d of the general business law is REPEALED.
    18    §  4.  Paragraph  (a)  of subdivision 27 of section 1005 of the public
    19  authorities law, as added by section 2 of part LL of chapter 58  of  the
    20  laws of 2019, is amended to read as follows:
    21    (a)  Notwithstanding  any  other  provision  of  this title, as deemed
    22  feasible and advisable by the trustees, the authority is  authorized  to
    23  undertake  the following actions when it deems it necessary or desirable
    24  to address the energy-related needs of any (i) authority customer,  (ii)
    25  public entity, or (iii) CCA community:
    26    (1)  (A)  supply  power  and  energy  procured from competitive market
    27  sources to any (i) authority customer, (ii) public entity, or (iii)  CCA
    28  community  through  the  supply  of  such  products  through  an [energy
    29  services company or other] entity  that  is  authorized  by  the  public
    30  service  commission  to procure and sell energy products to participants
    31  of a CCA program, provided, however, that the authority shall not supply
    32  at any point more than a total of four hundred megawatts  of  power  and
    33  energy  to  authority  customers  and  public  entities  pursuant to the
    34  authority of this clause;
    35    (B) supply renewable power, energy, or related credits  or  attributes
    36  procured through a competitive process, from competitive market sources,
    37  or  through negotiation when a competitive procurement is not reasonably
    38  feasible and such products can be  procured  on  reasonably  competitive
    39  terms  to  (i)  any authority customer, (ii) any public entity, or (iii)
    40  any CCA community through the supply of such products through an [energy
    41  services company or other] entity  that  is  authorized  by  the  public
    42  service  commission  to procure and sell energy products to participants
    43  of a CCA program; and
    44    (2) (A) alone or jointly with one or more other entities, finance  the
    45  development  of renewable energy generating projects that are located in
    46  the state, including its territorial waters, and/or on  property  or  in
    47  waters  under  the  jurisdiction  or  regulatory authority of the United
    48  States, (B) purchase power, energy  or  related  credits  or  attributes
    49  produced  from  such renewable energy generating projects, and (C) allo-
    50  cate and sell any such products to (i) any authority customer, (ii)  any
    51  public entity, and (iii) any CCA community through [an] a not-for-profit
    52  energy services company or other entity that is authorized by the public
    53  service  commission  to procure and sell energy products to participants
    54  of a CCA program, provided that the authority shall not, pursuant to the
    55  authority in this subparagraph, finance more than six  renewable  energy

        A. 8937                             3
 
     1  generation  projects and have a per-project electric generating capacity
     2  in excess of twenty-five megawatts.
     3    §  5.  Subdivision 5 of section 44 of the public service law, as added
     4  by chapter 359 of the laws of 2009, is amended to read as follows:
     5    5. At least once a year,  every  utility  corporation,  not-for-profit
     6  energy services company or municipality shall provide its customers with
     7  a  notice  that  billing statements are available in large print format.
     8  Upon written request by a customer, a utility corporation,  not-for-pro-
     9  fit energy services company or municipality shall provide the customer's
    10  billing  statements  in  the large print format commencing no later than
    11  sixty days after the date upon which the  request  is  received  by  the
    12  utility  corporation[,  energy  services  company]  or municipality. The
    13  provisions of this subdivision shall apply only to  printed  statements.
    14  For  the  purposes  of  this section, "large print" shall mean a printed
    15  font size of sixteen or greater to illuminate billing  information.  For
    16  the  purposes  of this section, "not-for-profit energy services company"
    17  or "not-for-profit ESCO" shall mean [an] a not-for-profit entity  eligi-
    18  ble  to sell energy services to end-use customers using the transmission
    19  or distribution system of a utility corporation.
    20    § 6. Nothing in this act is intended to limit, impair, or  affect  the
    21  legal  authority  of  the power authority of the state of New York under
    22  any other provision of title 1 of article 5 of  the  public  authorities
    23  law.
    24    §  7. This act shall take effect immediately; provided that the amend-
    25  ments to subdivision 27 of section 1005 of the  public  authorities  law
    26  made  by  section  four  of this act shall not affect the repeal of such
    27  subdivision and shall be deemed repealed therewith.
Go to top