Bill Text: NY S06453 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Implements the "New York State Build Public Renewables Act"; requires the New York power authority to provide only renewable energy and power to customers; requires such authority to be the sole provider of energy to all state owned and municipal properties; requires certain New York power authority projects and programs pay a prevailing wage and utilize project labor agreements.

Spectrum: Partisan Bill (Democrat 26-0)

Status: (Engrossed - Dead) 2022-06-01 - referred to ways and means [S06453 Detail]

Download: New_York-2021-S06453-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6453

                               2021-2022 Regular Sessions

                    IN SENATE

                                     April 29, 2021
                                       ___________

        Introduced  by  Sens. PARKER, SALAZAR -- read twice and ordered printed,
          and when printed to be committed to the Committee on Energy and  Tele-
          communications

        AN  ACT  to amend the public authorities law and the public service law,
          in relation to implementing the "New York State Build  Public  Renewa-
          bles  Act";  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.   Short title. This act shall be known and may be cited as
     2  the "New York State Build Public Renewables Act".
     3    § 2. Section 1005 of the public authorities law is amended  by  adding
     4  nine  new  subdivisions 28, 29, 30, 31, 32, 33, 34, 35 and 36 to read as
     5  follows:
     6    28. (a) The authority is authorized and directed to purchase, acquire,
     7  plan, design, engineer, finance,  construct,  operate,  manage,  improve
     8  and/or  maintain  any  renewable  energy  project. The authority is also
     9  authorized and directed to provide energy  efficiency,  retrofits,  high
    10  performance/sustainable building, and energy management services.
    11    (b) For the purposes of this subdivision and subdivisions twenty-nine,
    12  thirty,  thirty-one,  thirty-two, thirty-three, thirty-four, thirty-five
    13  and thirty-six of this section,  the  following  terms  shall  have  the
    14  following meanings:
    15    (i)  "renewable  energy"  shall be defined as renewable electricity or
    16  thermal energy that does not emit greenhouse gases or  other  pollutants
    17  including,  but  not  limited  to, photovoltaics (solar), land-based and
    18  offshore wind, run-of-the-river and existing New York  state  hydroelec-
    19  tric,  geothermal  electric,  tidal  energy, wave energy, battery energy
    20  storage systems, pumped hydroelectric energy storage systems, and renew-
    21  able thermal energy technology such as  solar  thermal,  air-source  and
    22  ground-source  heat  pumps,  renewable  co-generation,  district heating

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05455-10-1
        S. 6453                             2

     1  systems, systems designed to capture waste heat,  or  other  heating  or
     2  cooling  technologies using renewable sources of energy that do not emit
     3  greenhouse gases or other pollutants, provided, however, that such  term
     4  shall  not  include  any form of fossil fuels or combustion-based energy
     5  which relies upon building new fossil fuel infrastructure  or  extending
     6  the  use  of  fossil  fuel infrastructure including, but not limited to,
     7  natural gas, green hydrogen fuel,  biofuel,  biogas,  biomass,  nuclear,
     8  carbon sequestration and renewable natural gas.
     9    (ii) "renewable energy project" shall be defined as all infrastructure
    10  which  generates,  stores,  distributes or transmits renewable energy or
    11  thermal energy as defined in paragraph  (i)  of  this  subdivision,  and
    12  includes  the  construction,  installation and/or operation of ancillary
    13  facilities or equipment done in connection with any such renewable ener-
    14  gy generating projects, including, but not limited to, electric  vehicle
    15  charging infrastructure and renewable offshore wind vessels.
    16    29.  (a)  The  authority shall have the right of first offer and first
    17  refusal to and shall coordinate with the department of state's office of
    18  renewable energy siting (ORES) to purchase, acquire, plan, design, engi-
    19  neer, finance,  construct,  operate,  manage,  improve  and/or  maintain
    20  renewable energy projects over twenty-five megawatts and to own and sell
    21  any  power  or  energy  created  by  such  renewable energy project. The
    22  authority shall have sixty days to commit to a  project.  The  authority
    23  shall  also  have the right of first offer and first refusal to purchase
    24  planned, future, and existing renewable energy projects.
    25    (b) Where a renewable energy site appropriate for New York state falls
    26  into federal jurisdiction, the  authority  shall  participate  in  lease
    27  auctions in an attempt to obtain ownership of that area.
    28    30.  Notwithstanding any other provision of law, to, on or after Janu-
    29  ary first, two thousand twenty-five, only generate and transmit  renewa-
    30  ble energy and the authority shall only purchase, acquire, plan, design,
    31  engineer,  finance,  construct, operate, manage, improve and/or maintain
    32  generation and transmission facilities for the  purpose  of  generating,
    33  storing,  distributing  and transmitting renewable energy. The authority
    34  shall phase out its use of existing non-renewable generation as  quickly
    35  as  possible  but no later than December thirtieth, two thousand twenty-
    36  five, as it scales up renewable energy generation to  meet  one  hundred
    37  percent  of all state and municipal energy needs and the energy needs of
    38  all public and private buildings and properties powered by the authority
    39  with renewable energy by two  thousand  twenty-six,  and  it  shall  not
    40  purchase,  plan,  finance,  or  construct  any new generation project or
    41  energy infrastructure which is not a renewable energy project or part of
    42  a renewable energy project. Renewable energy  sources  which  prioritize
    43  projects  that  actively  benefit  environmental justice communities and
    44  ecosystems, and which have the lowest financial costs,  will  be  prior-
    45  itized  through a process to be determined by local community groups and
    46  environmental experts. The authority will also  convert  all  state  and
    47  municipal  properties and authority powered privately owned buildings to
    48  receive heating and cooling from renewable energy sources by  two  thou-
    49  sand thirty.
    50    31.  (a)  Within  two years of the effective date of this subdivision,
    51  the authority shall make public a ten-year climate and resiliency  plan.
    52  Such climate and resiliency plan shall be designed to minimize the costs
    53  to ratepayers while balancing the interests of employees, grid reliabil-
    54  ity  and  resiliency, environmental justice communities and the environ-
    55  ment. Such plan shall be developed in consultation with the   New   York
    56  state  independent  system  operator,  the   New   York   state   energy
        S. 6453                             3

     1  research and development authority, and experts,  environmental  justice
     2  communities,  ratepayers  and community organizations via the  New  York
     3  state  energy   research and development  authority's  community  energy
     4  hubs.  Such  resiliency  plan  shall  outline the renewable projects the
     5  authority plans to build, how the authority plans to phase  out  non-re-
     6  newable  assets  and  how the authority plans to comply with the climate
     7  leadership and community protection act and the renewable energy targets
     8  outlined in this subdivision and subdivisions  twenty-nine,  thirty  and
     9  thirty-two  of  this section. The authority shall also outline a plan to
    10  improve energy resiliency and  if  necessary  to  meet  the  authority's
    11  renewable energy targets, shall coordinate with the New York state inde-
    12  pendent  system  operator  to re-adjust the locational capacity require-
    13  ments for each region in the state.  Additionally, within two  years  of
    14  the  effective date of this subdivision, the authority shall make public
    15  a democratization plan.  Such plan shall be  fully  funded,  created  in
    16  partnership  and  codesigned  with  the NY Energy Democracy Alliance and
    17  shall ensure the scale up of renewable build out across the state occurs
    18  in line with the principles of energy democracy and transparency.
    19    (b) (i) The authority shall hold at least one  annual  public  hearing
    20  related  to  such  climate  and resiliency plan and may update such plan
    21  annually as needed.  The hearing shall be publicized in various forms of
    22  media, including but not limited to the authority's website, local news-
    23  papers and social media platforms, and  shall  also  be  accessible  via
    24  livestream.    In advance of such hearing, the authority shall conspicu-
    25  ously post written notice of such hearing in  all  authority  facilities
    26  and  New  York state energy research and development authority community
    27  energy hubs on a sign posted at each facility entrance and exit used  by
    28  employees,  and  shall provide at least two weeks advance notice of such
    29  hearing to authority customers by directly communicating such notice  to
    30  customer  phone, email and mailing lists.  Public input shall be permit-
    31  ted between the hours of 6:00 PM and 9:00 PM. Each speaker shall have at
    32  least three minutes to speak, and a remote option shall be provided  for
    33  submitting comments via video conference, phone, including short message
    34  services (SMS) text messages and/or written comment, which shall be read
    35  aloud.  Provisions  for  childcare,  translation services, American sign
    36  language interpretation, closed captioning, and access to accommodations
    37  provided by the Americans with Disabilities Act shall be  provided  upon
    38  request.
    39    (ii) The authority shall maintain an online suggestion board where the
    40  public may submit recommendations to be voted on by other members of the
    41  public.  The  top five suggestions shall be discussed publicly and shall
    42  be voted on by the authority's board at the annual public hearing. Other
    43  suggestions may be taken into consideration at the  board's  discretion.
    44  All  data, meeting minutes, recordings and documents that do not include
    45  personal customer information, including but not limited to depreciation
    46  schedules, annual financial statements of  itemized  spending,  environ-
    47  mental  impact statements, cost-benefit analyses, climate and resiliency
    48  plans, renewable energy project plans, and annual reports on operations,
    49  customer service, reliability, resiliency and sustainability,  shall  be
    50  made  available on the authority's website, or otherwise made accessible
    51  by the authority upon request.  All such records shall be maintained  as
    52  business  records  for  a  minimum of ten years.   The state comptroller
    53  shall audit the authority at least once every two years until two  thou-
    54  sand thirty to ascertain whether the authority is in compliance with the
    55  renewable  energy  targets outlined in this subdivision and subdivisions
    56  twenty-nine, thirty, thirty-two and thirty-three  of  this  section  and
        S. 6453                             4

     1  whether the authority's spending and operations are efficient.  The most
     2  recent comptroller audits shall also be made available  on  the authori-
     3  ty's  website,  or  otherwise  made  accessible  by  the  authority upon
     4  request.
     5    (c)  (i)  The  authority shall conduct an energy efficiency and energy
     6  audit program to identify public and private buildings most in  need  of
     7  retrofits  and  efficiency  measures. The authority shall hire authority
     8  employees to perform  energy  audits,  retrofits  and  other  efficiency
     9  programs,  such  as  incentives  for  energy  efficient  appliances  and
    10  induction stoves, as needed, to meet the climate goals outlined  in  the
    11  climate  leadership  and  community  protection  act, the New York state
    12  energy research and  development  authority,  environmental  and  energy
    13  experts,  and  communities  via  the  New York state energy research and
    14  development authority's  community  energy  hubs.  The  authority  shall
    15  prioritize  public  buildings  and  low-income  customers and tenants to
    16  receive the benefits of these efficiency programs and retrofits.
    17    (ii) The authority or the New York state energy research and  develop-
    18  ment authority shall annually post and maintain for at least one year on
    19  their  website,  a  report  evaluating  the  energy  efficiency program,
    20  including, but not limited to, the number of  customers  served  by  the
    21  efficiency  program,  the customer demographics, the number of retrofits
    22  and energy audits performed, the number of  jobs  created  and  employee
    23  demographics,  and the amount of energy and dollars saved as a result of
    24  the program.
    25    The authority shall also submit an annual report to the  governor  and
    26  to the legislature which shall be made available to the public and shall
    27  be  subject  to  open  hearings  in  the  legislature. Such report shall
    28  include the:
    29    (A) Ten year climate and resiliency plan described in paragraph (a) of
    30  this subdivision;
    31    (B) Amount of energy produced by each facility;
    32    (C) Energy transferred between facilities within the authority;
    33    (D) Energy transferred outside of the authority for sale;
    34    (E) Kilowatt-hour sales by project and by customer;
    35    (F) Revenues and costs for each project facility;
    36    (G) Accumulated provision for depreciation of each project facility;
    37    (H) Financial and  operating  information  of  the  energy  efficiency
    38  program; and
    39    (I)  Enrollment  in and effectiveness of renewable energy auto-enroll-
    40  ment, retrofit, and energy efficient appliance programs.
    41    32. Notwithstanding any other provision of law, to be the sole provid-
    42  er of electricity and power to all state and  municipal  owned,  leased,
    43  controlled,  or  operated properties that use electricity, including but
    44  not limited to all buildings and transportation-related properties  such
    45  as  trains,  subways and subway stations, vessels, electrified buses and
    46  vehicles, and public or private electric vehicle charging stations.
    47    33. (a) To sell or provide renewable energy to end-use  customers  and
    48  CCA  communities  using  the  transmission or distribution system of any
    49  utility with consolidated billing.
    50    (b) Any excess renewable energy produced by the authority and not used
    51  or stored by state or municipal owned or leased properties shall be sold
    52  directly to end-use customers or  CCA's,  wholesale,  using  the  trans-
    53  mission or distribution system of utilities. This excess energy shall be
    54  sold on an opt-out basis, with automatic enrollment prioritizing low-in-
    55  come customers and environmental justice communities.
        S. 6453                             5

     1    (i)  There  shall  be no electricity rate increase for the first three
     2  years following the effective date of this subdivision. After the  first
     3  three years following the effective date of this subdivision, a progres-
     4  sive  rate structure based on income and level of energy shall be devel-
     5  oped in consultation with the authority and communities via the New York
     6  state energy research and development authority's community energy hubs.
     7    (ii)  The  authority  shall discourage the shut off of any residential
     8  customer's energy for non-payment and shall  discourage  the  charge  of
     9  punitive  late  fees  by  collaborating with distribution companies. The
    10  authority shall work with the low income home energy assistance  program
    11  to  assist  low-income  customers  with  payment plans and to develop an
    12  emergency fund to cover instances of  non-payment.  Notwithstanding  any
    13  other  provision to the contrary, the authority may impose penalties for
    14  large energy users and may incentivize energy conservation with  rebates
    15  and  discounts  on  energy  efficient  products, to be determined by the
    16  authority's board  in  consultation  with  the  New  York  state  energy
    17  research and development authority.
    18    34.  (a) There shall be ten "New York state energy research and devel-
    19  opment authority community energy hubs",  hereinafter  community  energy
    20  hubs,  developed  and  distributed  evenly  throughout  the state.   The
    21  location and staffing level of the community energy hubs shall be deter-
    22  mined by the New York state energy research and development authority in
    23  consultation  with  local  communities  and  environmental  and   energy
    24  experts.  The  efforts  of such community energy hubs shall be centrally
    25  coordinated by the authority and the New York state energy research  and
    26  development authority.
    27    (b) The purpose of the community energy hubs shall include, but not be
    28  limited to, the following:
    29    (i)  Assisting  residents and businesses to adopt renewable energy and
    30  energy efficiency  measures  through  outreach,  education,  enrollment,
    31  intake,  referral  and  project  management. Administering and enrolling
    32  customers into financial assistance, energy  efficiency,  and  renewable
    33  energy  programs of the authority and the New York state energy research
    34  and development authority.
    35    (ii) Planning and using microgrids, battery storage, and  decarboniza-
    36  tion  projects  at the level of an individual customer meter or group of
    37  meters, where distributed  energy  resources  might  be  shared  locally
    38  across  multiple  customer  meters  in the same community. The community
    39  energy hubs shall also enable the authority to design, finance, procure,
    40  install, and own demand-side, behind the  meter  assets,  sited  at  the
    41  customers' property or in the public right of way.
    42    (iii)  Coordinating  the  research  needs of the New York state energy
    43  research and development authority and the authority in partnership with
    44  advocacy organizations, environmental justice organizations and  univer-
    45  sities  to  assist with scaling up renewable energy and efficiency tech-
    46  nologies.
    47    (iv) Ensuring that advocacy organizations  and  environmental  justice
    48  organizations  co-design  energy  programs, providing their knowledge of
    49  local communities and  their  insight  into  how  energy  programs  have
    50  performed  in  their  community, and receive the necessary financial and
    51  technical assistance to meaningfully participate in the co-design  proc-
    52  ess.
    53    (v)  Identifying,  soliciting,  receiving  feedback  on and addressing
    54  concerns about proposals for locations for renewable energy projects  in
    55  coordination  with  the department of state's office of renewable energy
    56  siting and local organizations that are accountable  to  the  community,
        S. 6453                             6

     1  utilizing  the  same  co-design process outlined in subparagraph (iv) of
     2  this paragraph to assess the energy needs of each community and how such
     3  needs interact with the energy needs of the state as a whole.
     4    (vi)  Performing  community  outreach  and  education  on  energy  and
     5  climate-related initiatives, and/or supporting local community organiza-
     6  tions  to  perform  this  outreach  and  education,  including   utility
     7  proceedings and the power authority of the state of New York's renewable
     8  energy enrollment program.
     9    (vii)  Addressing  customer  service  issues  and  billing  issues for
    10  services provided by the New York state energy research and  development
    11  authority  and  the authority, including connecting low-income customers
    12  with assistance programs such as the low income home  energy  assistance
    13  program, and providing access to language translation services.
    14    (c)(i)  All community energy hubs shall hold at least one public meet-
    15  ing on the new rate design before the new rate  design  is  implemented.
    16  Such hubs shall also hold quarterly public meetings where all stakehold-
    17  ers,  including  employees  and  ratepayers, may provide suggestions for
    18  improvements to the programs, investments, technologies,  and  renewable
    19  energy  projects  of  the New York state energy research and development
    20  authority and the authority. New York state energy research and develop-
    21  ment staff and at least one representative of the authority shall attend
    22  such meetings and shall report key findings and recommendations  to  the
    23  authority's  board  for  consideration.   All records of public meetings
    24  shall be maintained as business records for a minimum of ten years.
    25    (ii) Additional issue-based hearings may also be held at  the  request
    26  of  any  stakeholder,  when  such  stakeholder submits a request with at
    27  least one hundred petition signatures. Every  public  meeting  shall  be
    28  accessible via livestream and shall be held between the hours of 6:00 PM
    29  and  9:00  PM.  Each speaker shall have at least three minutes to speak,
    30  and a remote option shall be provided for submitting comments via  video
    31  conference,  phone,  and/or  written comment, which shall be read aloud.
    32  Provisions for childcare, translation services, American  sign  language
    33  interpretation, closed captioning, and access to accommodations provided
    34  by  the  Americans with Disabilities Act shall be provided upon request.
    35  All records of issue-based hearings  shall  be  maintained  as  business
    36  records for a minimum of ten years.
    37    (d) The community energy hubs shall be funded through a combination of
    38  bonds  and  revenue  from the authority, a portion of rates from the top
    39  five-percent earning commercial and industrial customers  or  any  other
    40  source  of  state revenue that is demonstrated to have no impact on low-
    41  to-moderate-income New Yorkers.   All new renewable  projects  shall  be
    42  financed via the following methods:  state and municipal bond issuances,
    43  available  funds from the New York state energy research and development
    44  authority and the authority, public banks  and  participatory  budgeting
    45  efforts, and/or progressive electric rates.
    46    (e)  The authority and the New York state energy research and develop-
    47  ment authority shall have the power to administer and  finance  programs
    48  for  the  development,  design,  installation and provision of financial
    49  assistance, with respect to the replacement of refrigerators,  dishwash-
    50  ers  and  other appliances with more energy efficient appliances, or the
    51  replacement of gas stoves and water heaters with electric  or  induction
    52  appliances,  provided  that  no  costs  associated  with  such financial
    53  assistance shall be charged  to  the  authority's  customers.  Financial
    54  assistance shall be repaid to the authority, over a period not to exceed
    55  ten  years, based on projected savings in energy costs and related costs
    56  which accrue to the owner as a result of installing such measures.
        S. 6453                             7

     1    35. (a) All employees who become unemployed as a result of this subdi-
     2  vision,  subdivisions  twenty-eight,  twenty-nine,  thirty,  thirty-one,
     3  thirty-two, thirty-three, or thirty-four of this section, or as a result
     4  of  the transition to renewables and implementation of the climate lead-
     5  ership and community protection act, including but not limited to nucle-
     6  ar,  fossil  fuel,  and  ESCO  employees,  shall  be  provided with free
     7  retraining options to transition to another  role,  the  opportunity  to
     8  retire  early  where  deemed appropriate by the community energy hubs in
     9  consultation with labor unions and employees, or the option  for  disad-
    10  vantaged  employees  to participate in a paid direct access and training
    11  program.
    12    (b) There shall be a hiring hall developed within the community energy
    13  hubs for the express purpose of  hiring  and  retraining  employees  for
    14  green  jobs.  Retraining programs may prepare employees to transition to
    15  fields including, but not limited to, jobs installing and/or maintaining
    16  renewable energy infrastructure, green roofs and green walls,  renewable
    17  heat  pumps,  bioswales,  restoring  wetlands, regenerative agriculture,
    18  remediating lead and  mold,  performing  retrofits,  providing  customer
    19  service for the community energy hubs and the authority, and other green
    20  jobs  which  would  allow New York to comply with climate laws including
    21  the climate mobilization act and the climate  leadership  and  community
    22  protection act.
    23    (c)  Such  hiring  halls  shall  also create a community jobs pipeline
    24  strategy of engaging low-income communities of  color  and  disconnected
    25  employees  in  the  struggle to create an equitable community-controlled
    26  green economy.  Such hiring halls shall: (i) act as employer  of  record
    27  and  recruit,  screen  and hire employees; (ii) mediate disputes between
    28  employees and employers as needed; (iii) administer timesheets, payroll,
    29  general liability and worker's compensation insurance  as  needed;  (iv)
    30  coordinate  free  training  in both general and specialized credentials;
    31  and (v) provide wraparound support for employees, including  transporta-
    32  tion costs and financial literacy.
    33    (d) All new renewable projects owned and operated by the authority and
    34  energy efficiency programs owned and operated by the authority shall pay
    35  a  prevailing  wage  and  shall  be subject to project labor agreements.
    36  There shall be no emergency strike funds, nor shall there  be  ratepayer
    37  funded  management  contract negotiation funds; the authority shall at a
    38  minimum remain neutral to unionization efforts.
    39    36. (a) A labor advisory board shall be established to determine safe-
    40  ty and training standards, disaster response measures, guaranteed hours,
    41  staffing levels, retraining programs and other labor issues in consulta-
    42  tion with the authority's board.
    43    (b) The advisory board shall consist of seven members to be elected by
    44  all current rank-and-file authority employees and rank-and-file  employ-
    45  ees  of  community  energy  hubs  and  resulting green job programs, not
    46  including any outside private contractors. Members  shall  serve  for  a
    47  term  of two years and may serve until their successors are elected. The
    48  members of the board shall receive no compensation  for  their  services
    49  but shall be allowed their actual and necessary expenses incurred in the
    50  performance of their duties as board members.
    51    (c)  Any  labor  required  to  build, design, operate and maintain the
    52  authority's renewable energy projects will  be  performed  by  authority
    53  employees.  All  employees,  regardless  of  their union, will be cross-
    54  trained and perform both new construction and maintenance work.
    55    § 3. Section 349-d of the general business law is REPEALED.
        S. 6453                             8

     1    § 4. Paragraph (a) of subdivision 27 of section  1005  of  the  public
     2  authorities  law,  as added by section 2 of part LL of chapter 58 of the
     3  laws of 2019, is amended to read as follows:
     4    (a)  Notwithstanding  any  other  provision  of  this title, as deemed
     5  feasible and advisable by the trustees, the authority is  authorized  to
     6  undertake  the following actions when it deems it necessary or desirable
     7  to address the energy-related needs of any (i) authority customer,  (ii)
     8  public entity, or (iii) CCA community:
     9    (1)  (A)  supply  power  and  energy  procured from competitive market
    10  sources to any (i) authority customer, (ii) public entity, or (iii)  CCA
    11  community  through  the  supply  of  such  products  through  an [energy
    12  services company or other] entity  that  is  authorized  by  the  public
    13  service  commission  to procure and sell energy products to participants
    14  of a CCA program[, provided,  however,  that  the  authority  shall  not
    15  supply at any point more than a total of four hundred megawatts of power
    16  and  energy  to  authority customers and public entities pursuant to the
    17  authority of this clause];
    18    (B) supply renewable power[,] or energy[, or related credits or attri-
    19  butes procured through a competitive process,  from  competitive  market
    20  sources,  or  through  negotiation when a competitive procurement is not
    21  reasonably feasible and such products  can  be  procured  on  reasonably
    22  competitive  terms] to (i) any authority customer, (ii) any public enti-
    23  ty, or (iii) any CCA community [through  the  supply  of  such  products
    24  through an energy services company or other entity that is authorized by
    25  the  public  service  commission  to procure and sell energy products to
    26  participants of a CCA program; and];
    27    (2) (A) alone or jointly with one or more other entities, finance  the
    28  development  of renewable energy generating projects that are located in
    29  the state, including its territorial waters, and/or on  property  or  in
    30  waters  under  the  jurisdiction  or  regulatory authority of the United
    31  States, (B) purchase power, energy  or  related  credits  or  attributes
    32  produced  from  such renewable energy generating projects, and (C) allo-
    33  cate and sell any such products to (i) any authority customer, (ii)  any
    34  public entity, and (iii) any CCA community through [an] a not-for-profit
    35  energy services company or other entity that is authorized by the public
    36  service  commission  to procure and sell energy products to participants
    37  of a CCA program[, provided that the authority shall  not,  pursuant  to
    38  the  authority  in  this  subparagraph,  finance more than six renewable
    39  energy generation projects and have a  per-project  electric  generating
    40  capacity in excess of twenty-five megawatts.]; and
    41    (3)  (A)  provide  proof that the applicant is a tax exempt non-profit
    42  organization described in section 501(c) of the internal  revenue  code,
    43  (B)  a  corporation  established by the state of New York that is wholly
    44  owned by a state, county or municipal entity within  the  state  of  New
    45  York,  (C)  a  public authority established by the state of New York, or
    46  (D) an ESCO registered as a tax exempt non-profit organization described
    47  in section 501(c) of the internal revenue  code,  a  corporation  wholly
    48  owned by a federal, state or municipal government, or a public authority
    49  established and controlled by a federal, state or municipal government.
    50    §  5.  Subdivision 5 of section 44 of the public service law, as added
    51  by chapter 359 of the laws of 2009, is amended to read as follows:
    52    5. At least once a year,  every  utility  corporation,  not-for-profit
    53  energy services company or municipality shall provide its customers with
    54  a  notice  that  billing statements are available in large print format.
    55  Upon written request by a customer, a utility corporation,  not-for-pro-
    56  fit energy services company or municipality shall provide the customer's
        S. 6453                             9

     1  billing  statements  in  the large print format commencing no later than
     2  sixty days after the date upon which the  request  is  received  by  the
     3  utility  corporation,  not-for-profit energy services company or munici-
     4  pality.  The  provisions of this subdivision shall apply only to printed
     5  statements. For the purposes of this section, "large print" shall mean a
     6  printed font size of sixteen or greater to illuminate  billing  informa-
     7  tion.  For the purposes of this section, "not-for-profit energy services
     8  company" or "non-for-profit ESCO" shall mean [an] a not-for-profit enti-
     9  ty eligible to sell energy services to end-use customers using the tran-
    10  smission or distribution system of a utility corporation.
    11    § 6. Nothing in this act is intended to limit, impair, or  affect  the
    12  legal  authority  of  the power authority of the state of New York under
    13  any other provision of title 1 of article 5 of  the  public  authorities
    14  law.
    15    §  7. This act shall take effect immediately; provided that the amend-
    16  ments to subdivision 27 of section 1005 of the  public  authorities  law
    17  made  by  section  four  of this act shall not affect the repeal of such
    18  subdivision and shall be deemed repealed therewith.