Bill Text: NY A02998 | 2015-2016 | General Assembly | Introduced
Bill Title: Requires electric corporations and power authorities to surrender renewable energy credits and attributes, solar renewable energy credits, green building credits, tradeable renewable certificates, and environmental credits to customer-generators.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2016-01-06 - referred to energy [A02998 Detail]
Download: New_York-2015-A02998-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2998
2015-2016 Regular Sessions
I N A S S E M B L Y
January 20, 2015
___________
Introduced by M. of A. ENGLEBRIGHT, THIELE -- read once and referred to
the Committee on Energy
AN ACT to amend the public service law and the public authorities law,
in relation to requiring electric generating corporations and authori-
ties to surrender ownership of renewable energy credits and attri-
butes, solar renewable energy credits, green building credits, tradea-
ble renewable certificates, and environmental credits and attributes
to the customer-generators whose equipment and renovations caused the
accrual of such credits
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 66-j of the public service law is amended by adding
2 a new subdivision 6-a to read as follows:
3 6-A. SURRENDER OF CREDITS AND ATTRIBUTES. NOTWITHSTANDING ANY
4 CONTRACT OR AGREEMENT TO THE CONTRARY, AN ELECTRIC CORPORATION SHALL
5 WITHIN TWO YEARS OF THE INSTALLATION OF ELECTRIC GENERATING EQUIPMENT BY
6 A CUSTOMER-GENERATOR OR WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS
7 SUBDIVISION, WHICHEVER SHALL BE LATER, SURRENDER OWNERSHIP TO EACH
8 CUSTOMER-GENERATOR OF THE RENEWABLE ENERGY CREDITS AND ATTRIBUTES, SOLAR
9 RENEWABLE ENERGY CREDITS, GREEN BUILDING CREDITS, TRADEABLE RENEWABLE
10 CERTIFICATES, AND ENVIRONMENTAL CREDITS AND ATTRIBUTES WHICH ACCRUED AS
11 THE RESULT OF THE CUSTOMER-GENERATOR'S ELECTRIC GENERATING EQUIPMENT.
12 S 2. Section 66-l of the public service law is amended by adding a new
13 subdivision 6-a to read as follows:
14 6-A. SURRENDER OF CREDITS AND ATTRIBUTES. NOTWITHSTANDING ANY
15 CONTRACT OR AGREEMENT TO THE CONTRARY, AN ELECTRIC CORPORATION SHALL
16 WITHIN TWO YEARS OF THE INSTALLATION OF WIND ELECTRIC GENERATING EQUIP-
17 MENT BY A CUSTOMER-GENERATOR OR WITHIN ONE YEAR OF THE EFFECTIVE DATE OF
18 THIS SUBDIVISION, WHICHEVER SHALL BE LATER, SURRENDER OWNERSHIP TO EACH
19 CUSTOMER-GENERATOR OF THE RENEWABLE ENERGY CREDITS AND ATTRIBUTES, SOLAR
20 RENEWABLE ENERGY CREDITS, GREEN BUILDING CREDITS, TRADEABLE RENEWABLE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07248-01-5
A. 2998 2
1 CERTIFICATES, AND ENVIRONMENTAL CREDITS AND ATTRIBUTES WHICH ACCRUED AS
2 THE RESULT OF THE CUSTOMER-GENERATOR'S WIND ELECTRIC GENERATING EQUIP-
3 MENT.
4 S 3. Section 1014 of the public authorities law, as amended by chapter
5 388 of the laws of 2011, is amended to read as follows:
6 S 1014. Public service law not applicable to authority; inconsistent
7 provisions in other acts superseded. The rates, services and practices
8 relating to the generation, transmission, distribution and sale by the
9 authority, of power to be generated from the projects authorized by this
10 title shall not be subject to the provisions of the public service law
11 nor to regulation by, nor the jurisdiction of the department of public
12 service. Except to the extent article seven of the public service law
13 applies to the siting and operation of a major utility transmission
14 facility as defined therein, and article ten of the public service law
15 applies to the siting of a major electric generating facility as defined
16 therein, and except to the extent section eighteen-a of the public
17 service law provides for assessment of the authority for certain costs
18 relating thereto, AND EXCEPT TO THE EXTENT SUBDIVISION SIX-A OF SECTION
19 SIXTY-SIX-J AND SUBDIVISION SIX-A OF SECTION SIXTY-SIX-L OF THE PUBLIC
20 SERVICE LAW APPLY TO THE SURRENDER OF OWNERSHIP OF RENEWABLE ENERGY
21 CREDITS AND ATTRIBUTES, SOLAR RENEWABLE ENERGY CREDITS, GREEN BUILDING
22 CREDITS, TRADABLE RENEWABLE CERTIFICATES, AND ENVIRONMENTAL CREDITS AND
23 ATTRIBUTES TO CUSTOMER-GENERATORS, the provisions of the public service
24 law and of the environmental conservation law and every other law relat-
25 ing to the department of public service or the public service commission
26 or to the DEPARTMENT OF environmental conservation [department] or to
27 the functions, powers or duties assigned to the division of water power
28 and control by chapter six hundred nineteen of the laws of nineteen
29 hundred twenty-six, shall so far as is necessary to make this title
30 effective in accordance with its terms and purposes be deemed to be
31 superseded, and wherever any provision of law shall be found in conflict
32 with the provisions of this title or inconsistent with the purposes
33 thereof, it shall be deemed to be superseded, modified or repealed as
34 the case may require.
35 S 4. Subdivision 1 of section 1020-cc of the public authorities law,
36 as amended by section 11 of part A of chapter 173 of the laws of 2013,
37 is amended to read as follows:
38 1. All contracts of the authority shall be subject to the provisions
39 of the state finance law relating to contracts made by the state. The
40 authority shall also establish rules and regulations with respect to
41 providing to its residential gas, electric and steam utility customers
42 those rights and protections provided in article two and sections one
43 hundred seventeen and one hundred eighteen of the public service law and
44 section one hundred thirty-one-s of the social services law. THE AUTHOR-
45 ITY SHALL BE SUBJECT TO THE PROVISIONS OF SUBDIVISION SIX-A OF SECTION
46 SIXTY-SIX-J AND SUBDIVISION SIX-A OF SECTION SIXTY-SIX-L OF THE PUBLIC
47 SERVICE LAW RELATING TO THE SURRENDER OF OWNERSHIP OF RENEWABLE ENERGY
48 CREDITS AND ATTRIBUTES, SOLAR RENEWABLE ENERGY CREDITS, GREEN BUILDING
49 CREDITS, TRADABLE RENEWABLE CERTIFICATES, AND ENVIRONMENTAL CREDITS AND
50 ATTRIBUTES TO CUSTOMER-GENERATORS. The authority shall conform to any
51 safety standards regarding manual lockable disconnect switches for solar
52 electric generating equipment established by the public service commis-
53 sion pursuant to subparagraph (ii) of paragraph (a) of subdivision five
54 and subparagraph (ii) of paragraph (a) of subdivision five-a of section
55 sixty-six-j of the public service law. The authority shall let contracts
56 for construction or purchase of supplies, materials, or equipment pursu-
A. 2998 3
1 ant to section one hundred three and paragraph (e) of subdivision four
2 of section one hundred twenty-w of the general municipal law.
3 S 5. Section 1868 of the public authorities law, as added by chapter
4 210 of the laws of 1962 and as renumbered by chapter 482 of the laws of
5 1976, is amended to read as follows:
6 S 1868. Inconsistent provisions of other acts. Insofar as the
7 provisions of this title are inconsistent with the provisions of any
8 other act, general or special, the provisions of this title shall be
9 controlling, provided, however, nothing contained in any provision of
10 this title shall be construed to relieve the authority of the obligation
11 on its part to comply with the provisions of article nine of the public
12 authorities law in force on the effective date of this title, including
13 the obligation to submit an annual report as specified therein.
14 PROVIDED, FURTHER, THAT THE AUTHORITY SHALL BE SUBJECT TO THE PROVISIONS
15 OF SUBDIVISION SIX-A OF SECTION SIXTY-SIX-J AND SUBDIVISION SIX-A OF
16 SECTION SIXTY-SIX-L OF THE PUBLIC SERVICE LAW RELATING TO THE SURRENDER
17 OF OWNERSHIP OF RENEWABLE ENERGY CREDITS AND ATTRIBUTES, SOLAR RENEWABLE
18 ENERGY CREDITS, GREEN BUILDING CREDITS, TRADABLE RENEWABLE CERTIFICATES,
19 AND ENVIRONMENTAL CREDITS AND ATTRIBUTES TO CUSTOMER-GENERATORS.
20 S 6. This act shall take effect on the sixtieth day after it shall
21 have become a law.
