Bill Text: NY A00443 | 2023-2024 | General Assembly | Introduced

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

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Introduced) 2024-03-07 - print number 443a [A00443 Detail]

Download: New_York-2023-A00443-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           443

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     January 9, 2023
                                       ___________

        Introduced  by  M.  of  A. CARROLL, ROZIC, KIM, COLTON, SIMON, DINOWITZ,
          DICKENS, WEPRIN, L. ROSENTHAL, CRUZ, GONZALEZ-ROJAS, BURDICK, MITAYNES
          -- Multi-Sponsored by -- M. of A.  COOK,  HYNDMAN  --  read  once  and
          referred to the Committee 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 30 and 31 to read as follows:
     3    30.  (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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00334-01-3
        A. 443                              2

     1  authority's  Saint  Lawrence hydroelectric project or Niagara hydroelec-
     2  tric project.
     3    31.  To sell or provide energy services to end-use customers using the
     4  transmission or distribution system of a utility. Any  power  or  energy
     5  sold under this subdivision shall be made entirely from renewable energy
     6  resources.  For  the  purposes  of  this  subdivision, "renewable energy
     7  resources" means solar power, wind power, hydroelectric, and  any  other
     8  generation  resource authorized by any renewable energy standard adopted
     9  by the state for the purpose of  implementing  any  state  clean  energy
    10  standard.
    11    §  2.  The public service law is amended by adding a new section 28 to
    12  read as follows:
    13    § 28. New York power authority right of first offer and  refusal.  The
    14  New York power authority, as established by title one of article five of
    15  the public authorities law, shall be allowed to match the purchase price
    16  of  any  renewable  generation  facility,  renewable  energy  generation
    17  project and any power or energy created by a renewable generation facil-
    18  ity or renewable energy generation  project.  In  the  event  that  such
    19  authority  matches  such purchase price, such authority shall assume the
    20  role of purchaser of the renewable generation facility, renewable energy
    21  generation project or any power or energy created by a renewable  gener-
    22  ation facility or renewable energy generation project.
    23    § 3. Section 349-d of the general business law is REPEALED.
    24    §  4.  Paragraph  (a)  of subdivision 27 of section 1005 of the public
    25  authorities law, as added by section 2 of part LL of chapter 58  of  the
    26  laws of 2019, is amended to read as follows:
    27    (a)  Notwithstanding  any  other  provision  of  this title, as deemed
    28  feasible and advisable by the trustees, the authority is  authorized  to
    29  undertake  the following actions when it deems it necessary or desirable
    30  to address the energy-related needs of any (i) authority customer,  (ii)
    31  public entity, or (iii) CCA community:
    32    (1)  (A)  supply  power  and  energy  procured from competitive market
    33  sources to any (i) authority customer, (ii) public entity, or (iii)  CCA
    34  community  through  the  supply  of  such  products  through  an [energy
    35  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, however, that the authority shall not supply
    38  at any point more than a total of four hundred megawatts  of  power  and
    39  energy  to  authority  customers  and  public  entities  pursuant to the
    40  authority of this clause;
    41    (B) supply renewable power, energy, or related credits  or  attributes
    42  procured through a competitive process, from competitive market sources,
    43  or  through negotiation when a competitive procurement is not reasonably
    44  feasible and such products can be  procured  on  reasonably  competitive
    45  terms  to  (i)  any authority customer, (ii) any public entity, or (iii)
    46  any CCA community through the supply of such products through an [energy
    47  services company or other] entity  that  is  authorized  by  the  public
    48  service  commission  to procure and sell energy products to participants
    49  of a CCA program; and
    50    (2) (A) alone or jointly with one or more other entities, finance  the
    51  development  of renewable energy generating projects that are located in
    52  the state, including its territorial waters, and/or on  property  or  in
    53  waters  under  the  jurisdiction  or  regulatory authority of the United
    54  States, (B) purchase power, energy  or  related  credits  or  attributes
    55  produced  from  such renewable energy generating projects, and (C) allo-
    56  cate and sell any such products to (i) any authority customer, (ii)  any
        A. 443                              3

     1  public entity, and (iii) any CCA community through [an] a not-for-profit
     2  energy services company or other entity that is authorized by the public
     3  service  commission  to procure and sell energy products to participants
     4  of a CCA program, provided that the authority shall not, pursuant to the
     5  authority  in  this subparagraph, finance more than six renewable energy
     6  generation projects and have a per-project electric generating  capacity
     7  in excess of twenty-five megawatts.
     8    §  5.  Subdivision 5 of section 44 of the public service law, as added
     9  by chapter 359 of the laws of 2009, is amended to read as follows:
    10    5. At least once a year,  every  utility  corporation,  not-for-profit
    11  energy services company or municipality shall provide its customers with
    12  a  notice  that  billing statements are available in large print format.
    13  Upon written request by a customer, a utility corporation,  not-for-pro-
    14  fit energy services company or municipality shall provide the customer's
    15  billing  statements  in  the large print format commencing no later than
    16  sixty days after the date upon which the  request  is  received  by  the
    17  utility  corporation[,  energy  services  company]  or municipality. The
    18  provisions of this subdivision shall apply only to  printed  statements.
    19  For  the  purposes  of  this section, "large print" shall mean a printed
    20  font size of sixteen or greater to illuminate billing  information.  For
    21  the  purposes  of this section, "not-for-profit energy services company"
    22  or "not-for-profit ESCO" shall mean [an] a not-for-profit entity  eligi-
    23  ble  to sell energy services to end-use customers using the transmission
    24  or distribution system of a utility corporation.
    25    § 6. Nothing in this act is intended to limit, impair, or  affect  the
    26  legal  authority  of  the power authority of the state of New York under
    27  any other provision of title 1 of article 5 of  the  public  authorities
    28  law.
    29    §  7. This act shall take effect immediately; provided that the amend-
    30  ments to subdivision 27 of section 1005 of the  public  authorities  law
    31  made  by  section  four  of this act shall not affect the repeal of such
    32  subdivision and shall be deemed repealed therewith.