|SAME AS||SAME AS S07243|
|COSPNSR||Rozic, Mosley, Kim, D'Urso, Colton, Richardson, Dinowitz, Simon, Gottfried, Dickens, Weprin, Ortiz, Cruz, Barnwell|
|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.|
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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. LBD13943-03-9A. 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 [ energy29 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 [ energy41 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 energyA. 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.