Rozic, Mosley, Kim, D'Urso, Colton, Richardson, Dinowitz, Simon, Gottfried, Dickens, Weprin, Ortiz,
Cruz, Barnwell, Rosenthal L
MLTSPNSR
Cook, 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.
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.
