Bill Text: NY A05640 | 2019-2020 | 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) 2020-01-08 - referred to energy [A05640 Detail]
Download: New_York-2019-A05640-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5640 2019-2020 Regular Sessions IN ASSEMBLY February 14, 2019 ___________ 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 § 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. LBD09634-01-9A. 5640 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 § 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 § 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 § 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. 5640 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 § 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 § 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 § 6. This act shall take effect on the sixtieth day after it shall 21 have become a law.