Bill Text: NY A00958 | 2019-2020 | General Assembly | Introduced
Bill Title: Establishes a renewable portfolio standard for electricity distributed in New York state and requires that certain percentages of all electricity sold in the state shall be qualified renewable energy.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2020-01-08 - referred to energy [A00958 Detail]
Download: New_York-2019-A00958-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 958 2019-2020 Regular Sessions IN ASSEMBLY January 14, 2019 ___________ Introduced by M. of A. QUART, ROZIC -- read once and referred to the Committee on Energy AN ACT to amend the public service law, in relation to establishing a renewable portfolio standard The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public service law is amended by adding a new article 2 12 to read as follows: 3 ARTICLE 12 4 RENEWABLE PORTFOLIO STANDARD 5 Section 250. Purpose and scope. 6 251. Definitions. 7 252. Amount of renewable energy required. 8 253. Energy that qualifies for a solar renewable energy certif- 9 icate; registration requirement. 10 254. Using renewable energy certificates and solar renewable 11 energy certificates for renewable portfolio standard 12 compliance. 13 255. Issuance of renewable energy certificates and solar renewa- 14 ble energy certificates. 15 256. Alternative compliance payments. 16 257. Demonstrating compliance, reporting and recordkeeping. 17 258. Enforcement. 18 § 250. Purpose and scope. 1. Each electric corporation that sells 19 electricity to retail customers in New York state, shall include in its 20 electric energy portfolio electricity generated from renewable energy 21 sources. This article is designed to encourage the development of renew- 22 able sources of electricity and new, cleaner generation technology; 23 minimize the environmental impact of air pollutant emissions from elec- 24 tric generation; reduce possible transport of emissions and minimize any EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01313-01-9A. 958 2 1 adverse environmental impact from deregulation of energy generation; and 2 support the reliability of the supply of electricity in the state. 3 2. This article governs the retail electricity sales of each electric 4 corporation. This article does not govern installed capacity obli- 5 gations. 6 3. This article does not apply to a private or government aggregator 7 that contracts for electric generation service or electric related 8 services, either separately or bundled, for its own facilities or on 9 behalf of other business and residential customers in this state. This 10 article does not apply to an energy agent. An electric corporation that 11 is contractually obligated to sell electricity to an aggregator shall 12 comply with this article by including the amount sold to the aggregator 13 as part of its energy portfolio. 14 § 251. Definitions. As used in this article, unless the context other- 15 wise requires, the following terms shall have the following meanings: 16 1. "Alternative compliance payment" means a payment of a certain 17 dollar amount per megawatt hour, which an electric corporation may 18 submit to comply with the renewable energy requirement set forth in this 19 article. 20 2. "Attribute" means a characteristic associated with electricity 21 generated using a particular renewable fuel, such as its generation 22 date, facility geographic location, unit vintage, emissions output, 23 fuel, state program eligibility, or other characteristic that can be 24 identified, accounted, and tracked. 25 3. "Bioenergy crop" means plants cultivated and harvested specifically 26 for use as fuel for the purpose of generating electricity. 27 4. "Biomass" means any organic matter that is available on a renewable 28 or recurring basis (excluding old-growth timber), including dedicated 29 energy crops and trees, agricultural food and feed crop residues, aquat- 30 ic plants, wood and wood residues, animal wastes, and other waste mate- 31 rials. 32 5. "Black liquor" means a viscous liquid containing inorganic chemi- 33 cals and organic material such as lignin and aliphatic acids, which is 34 separated from wood during chemical pulping. 35 6. "Energy portfolio" means all of the electrical energy supplied by a 36 particular electric power supplier or basic generation service provider 37 to retail customers in the state. 38 7. "Energy year" means the twelve month period from April first 39 through March thirty-first and shall be numbered according to the calen- 40 dar year in which it ends. 41 8. "Fossil fuel" means natural gas, petroleum, coal, or any form, of 42 solid, liquid, or gaseous fuel derived from such material. 43 9. "Fuel cell" means an electrochemical device that converts chemical 44 energy in a hydrogen or hydrogen-rich fuel directly into electricity, 45 without combustion. 46 10. "Generation attribute tracking system" means the environmental and 47 emissions attributes tracking system for electric generation that is 48 administered by New York state energy research and development authority 49 pursuant to subdivision nineteen of section eighteen hundred fifty-four 50 of the public authorities law. 51 11. "Geothermal energy" means energy generated by a steam turbine, 52 driven by hot water or steam extracted from geothermal reservoirs in the 53 earth's crust. 54 12. "Installed capacity obligation" means the requirement for an elec- 55 tric power supplier or basic generation service provider to obtain an 56 amount of electrical generation capacity to meet load service obli-A. 958 3 1 gations under the reliability rules of the New York independent system 2 operator. Installed capacity includes the generation capacity which a 3 company considers part of its own electric system, including wholly 4 owned units, jointly-owned units, non-utility generation (NUGs), and 5 purchases. 6 13. "Net metering" means a system of metering and billing for elec- 7 tricity in which the electric corporation or the electric distribution 8 company: 9 (a) credits a customer-generator at the full retail rate for each 10 kilowatt-hour produced by a renewable energy system installed on the 11 customer-generator's side of the electric revenue meter, up to the total 12 amount of electricity used by that customer during an annualized period, 13 except for residential micro combined heat and power (micro-CHP) and 14 fuel cell systems, which are credited at the avoided cost rate; and 15 (b) compensates the customer-generator at the end of the annualized 16 period for any remaining credits, at a rate equal to the electric corpo- 17 ration's avoided cost of wholesale power. 18 14. "Old-growth timber" means wood or plant matter taken from a forest 19 in the late successional stage of forest development, including plant 20 matter taken from the forest floor. Late successional forests contain 21 live and dead trees of various sizes, species, composition, and age 22 class structure. The age and structure of old-growth timber varies 23 significantly by forest type and from one biogeoclimatic zone to anoth- 24 er. 25 15. "Qualification life" means, for any solar electric generation 26 facility, the period beginning on the date on which the facility was 27 authorized to energize and ending on the first March thirty-first that 28 is at least fifteen years after the date of authorization to energize. A 29 solar facility's qualification life applies to the facility itself, and 30 to each piece of equipment included in the facility, regardless of any 31 interruption in the solar facility's operation; or of any disassembly, 32 relocation, sale or transfer of any piece of equipment included in the 33 facility. 34 16. "Renewable energy certificate" means a certificate representing 35 the environmental benefits or attributes of one megawatt-hour of gener- 36 ation from a generating facility that produces renewable energy, but 37 shall not include a solar renewable energy certificate. 38 17. "Renewable fuel" means a fuel that is naturally regenerated over a 39 short time scale and is either derived from the sun (such as thermal, 40 photochemical or photoelectric), or from other natural sources such as 41 wind, hydropower, geothermal and tidal energy, or photosynthetic energy 42 stored in biomass. This term does not include a fossil fuel, a waste 43 product from a fossil source, or a waste product from an inorganic 44 source. 45 18. "Resource recovery facility" means a solid waste facility that 46 incinerates solid waste for the purposes of producing energy and recov- 47 ering metals and other materials for reuse. 48 19. "Solar alternative compliance payment" means a payment of a 49 certain dollar amount per megawatt-hour, which an electric corporation 50 may submit to the commission to comply with the solar electric gener- 51 ation requirements set forth in this article. 52 20. "Solar electric generating facility" or "solar facility" means 53 equipment used to produce solar electric generation. 54 21. "Solar electric generation" means creation of electricity using a 55 system that employs solar radiation to produce energy that powers anA. 958 4 1 electric generator. Solar electric generation includes technologies 2 that utilize the photovoltaic effect. 3 22. "Solar renewable energy certificate" means a certificate issued by 4 the commission or its designee, which represents one megawatt-hour of 5 solar energy that is generated by a facility connected to the distrib- 6 ution system in New York, and has value based upon, and driven by, the 7 energy market. 8 23. "Voluntary clean electricity market" or "voluntary clean electric- 9 ity program" means any program, system, market or procedure through 10 which retail electric customers may elect to purchase a renewable energy 11 product on a voluntary basis. New York's power to choose program is a 12 voluntary clean electricity program. 13 § 252. Amount of renewable energy required. 1. Each electric corpo- 14 ration that sells electricity to retail customers in the state shall 15 ensure that the electricity it sells each energy year in the state 16 includes at least the minimum amount of qualified renewable energy 17 required for that energy year. The minimum amount of qualified renewable 18 energy shall be: 19 (a) for energy years two thousand twenty-one through two thousand 20 twenty-five, thirty percent; 21 (b) for energy year two thousand twenty-six, forty percent with at 22 least two percent derived from solar energy. 23 2. The commission shall adopt rules setting minimum amounts of renewa- 24 ble energy required for energy year two thousand twenty-seven and each 25 subsequent energy year. The minimum amounts of renewable energy required 26 shall be no lower than those required for energy year two thousand twen- 27 ty-six. The commission, in consultation with the department of environ- 28 mental conservation, electric distribution companies, the utility inter- 29 vention unit of the department of state, the Public Utility Law Project 30 of New York, Inc., the solar energy industry and relevant stakeholders, 31 shall periodically consider increasing the renewable energy portfolio 32 standards beyond the minimum amounts set forth in this chapter, taking 33 into account the cost impacts and public benefits of such increases 34 including, but not limited to: 35 (a) reductions in air pollution, water pollution, land disturbance and 36 greenhouse gas emissions; 37 (b) reductions in peak demand for electricity and natural gas and the 38 overall impact on the costs to electricity and natural gas customers; 39 (c) increases in renewable energy development, manufacturing, invest- 40 ment and job creation opportunities in New York; and 41 (d) reductions in state and national dependence on fossil fuels. 42 3. An electric corporation shall meet the requirements for solar elec- 43 tric generation through: 44 (a) retirement of solar renewable energy certificates through a renew- 45 able energy trading program approved by the commission in consultation 46 with the department of environmental conservation; or 47 (b) submittal of one or more solar alternative compliance payments. 48 4. The following shall apply to the type of energy, and type of 49 documentation, used for compliance with each of the requirements in this 50 article: 51 (a) solar renewable energy certificates may be used to meet any 52 requirement for solar electric generation; 53 (b) renewable energy certificates may be used to meet renewable energy 54 requirements, but shall not be used to meet solar electric generation 55 requirements.A. 958 5 1 5. An electric corporation shall not demonstrate compliance with this 2 article using direct supply of any type of renewable energy. 3 6. The same renewable energy shall not be used for more than one of 4 the following: 5 (a) creation of a solar renewable energy certificate; or 6 (b) creation of a renewable energy certificate; or 7 (c) creation of a renewable energy certificate, or of any other type 8 of attribute or credit, under authority other than the authority granted 9 in section two hundred fifty-five of this article such as another 10 state's renewable energy standards or any voluntary clean electricity 11 market or voluntary clean electricity program. 12 7. Each megawatt-hour of retail electricity supplied in New York by an 13 electric corporation subject to this article carries with it an accompa- 14 nying solar obligation. All electric corporation solar obligations, 15 taken together, must equal the statewide solar obligation set forth in 16 subdivision nine of this section for energy year two thousand twenty- 17 six. 18 8. For electricity supplied during energy year two thousand twenty- 19 six, an electric corporation shall calculate its solar obligation as two 20 percent of the total energy generated by the electric corporation. 21 9. The total statewide solar obligation shall be two percent of the 22 total electricity sold to all retail customers. 23 § 253. Energy that qualifies for a solar renewable energy certificate; 24 registration requirement. 1. To be eligible to form the basis for a 25 solar renewable energy certificate usable for compliance with this arti- 26 cle, electricity shall meet all requirements in this section, as well as 27 all other applicable requirements in this chapter. The registration 28 process required in this section for construction of new solar electric 29 generation facilities is intended to provide advance notice to the 30 public and the renewable energy markets when increases in solar electric 31 generation capacity in the state are planned. The registration process 32 shall be administered by the commission or its designee. 33 2. To be eligible for issuance of a solar renewable energy certificate 34 usable for compliance with this article, electricity shall: 35 (a) meet the definition of solar electric generation in section two 36 hundred fifty-one of this article; 37 (b) be generated at a facility that has been issued either: 38 (i) for installations with a nameplate generating capacity of twenty- 39 five thousand kilowatts or more, a certificate from the New York state 40 board on electric generation siting and the environment pursuant to 41 article ten of this chapter; or 42 (ii) for installations with a nameplate generating capacity of less 43 than twenty-five thousand kilowatts, the relevant permits or certif- 44 icates issued by the local authority. 45 (c) be generated during the generating facility's qualification life. 46 Solar electric generation produced after the end of a facility's quali- 47 fication life shall not be used as the basis for a solar renewable ener- 48 gy certificate; and 49 (d) be generated using equipment that meets either of the following 50 criteria: 51 (i) the equipment is new; or 52 (ii) the equipment was previously used in a solar facility with an 53 unexpired qualification life and all of the following criteria are met: 54 (1) the previous solar facility was located in New York; 55 (2) the previous solar facility was issued either:A. 958 6 1 (A) for installations with a nameplate generating capacity of twenty- 2 five thousand kilowatts or more, a certificate from the New York state 3 board on electric generation siting and the environment pursuant to 4 article ten of this chapter; or 5 (B) for installations with a nameplate generating capacity of less 6 than twenty-five thousand kilowatts, the relevant permits or certif- 7 icates issued by the local authority. 8 (3) there are at least twelve full months left in the qualification 9 life of the previous solar facility; and 10 (4) any sale or other transfer of the equipment during the qualifica- 11 tion life of the previous solar facility is recorded with the commis- 12 sion. 13 3. To comply with paragraph (b) of subdivision two of this section, a 14 solar electric generating facility: 15 (a) for installations with a nameplate generating capacity of twenty- 16 five thousand kilowatts or more, that was not issued a certificate from 17 the New York state board on electric generation siting and the environ- 18 ment pursuant to article ten of this chapter prior to the effective date 19 of this article shall obtain such a certificate through the registration 20 process established pursuant to subdivision six of this section; or 21 (b) for installations with a nameplate generating capacity of less 22 than twenty-five thousand kilowatts, that was not issued the relevant 23 permits or certificates issued by the local authority prior to the 24 effective date of this article shall obtain the relevant permits or 25 certificates issued by the local authority through the registration 26 process established pursuant to subdivision six of this section. 27 4. A solar electric generating facility, and all equipment included in 28 or appurtenant to the solar facility, shall permanently retain the qual- 29 ification life originally assigned to the solar facility, regardless of 30 any interruption in the solar facility's operation, or any relocation, 31 sale or transfer of the facility or of any of the equipment. 32 5. If the applicable submittal deadline in subdivision three of this 33 section is met, solar renewable energy certificates, based on electric- 34 ity generated by the solar facility, shall be usable for compliance with 35 this chapter immediately upon the issuance of either a certificate from 36 the New York state board on electric generation siting and the environ- 37 ment pursuant to article ten of this chapter or the relevant permits or 38 certificates issued by the local authority for the facility, subject to 39 any other applicable limits on use of solar renewable energy certif- 40 icates. If the applicable deadline is not met, any solar renewable 41 energy certificates based on electricity generated by the solar facility 42 shall not be usable for compliance with this article until twelve months 43 after the solar facility has received authorization to energize in 44 accordance with the commission's standardized interconnection rules. 45 6. The commission shall determine and publicize the process for regis- 46 tration of a solar electric generating facility within ninety days of 47 the effective date of this article; provided, however, that such regis- 48 tration process shall require: 49 (a) the submittal of an initial registration no later than: 50 (i) ten business days after execution of the contract for purchase or 51 installation of the photovoltaic panels to be used in the solar facili- 52 ty; 53 (ii) if a contract for purchase or installation of photovoltaic panels 54 for the solar facility was executed prior to the effective date of this 55 section the deadline for submittal of an initial registration package 56 shall be ninety days after the effective date of this section; orA. 958 7 1 (iii) in a case where a conditional registration or extension was 2 previously issued but expired before construction of the solar facility 3 was substantially completed, a new registration package shall be submit- 4 ted prior to completion of construction; 5 (b) that construction of the solar facility shall not begin until the 6 commission has issued a conditional registration for the facility; and 7 (c) that construction of the solar facility shall be completed and 8 local code approval granted prior to the expiration of the conditional 9 registration or any extension of such conditional registration. 10 § 254. Using renewable energy certificates and solar renewable energy 11 certificates for renewable portfolio standard compliance. 1. A renewable 12 energy certificate or solar renewable energy certificate shall be used 13 to meet renewable portfolio standard requirements for specific energy 14 years, based on the type of renewable energy upon which the renewable 15 energy certificate or solar renewable energy certificate is based, and 16 the energy year during which the renewable energy was generated, as 17 follows: 18 (a) A solar renewable energy certificate based on energy generated on 19 or after April first, two thousand twenty-six shall be used to comply 20 with renewable portfolio standard requirements for any one of the 21 following three energy years: 22 (i) the energy year in which the underlying energy was generated; or 23 (ii) either of the two energy years immediately following the energy 24 year in which the underlying energy was generated; 25 (b) A solar renewable energy certificate based on energy generated 26 before April first, two thousand twenty-six shall be used only to comply 27 with the requirements of this article for the energy year during which 28 the underlying energy was generated, and/or the subsequent energy year; 29 and 30 2. Once a renewable energy certificate or solar renewable energy 31 certificate has been used for compliance with this article, the renewa- 32 ble energy certificate or solar renewable energy certificate shall be 33 permanently retired and shall not be used again. 34 § 255. Issuance of renewable energy certificates and solar renewable 35 energy certificates. 1. The New York state energy and research develop- 36 ment authority shall issue renewable energy certificates and solar 37 renewable energy certificates for use in complying with this article. 38 2. The commission may issue an order discontinuing the designation of 39 the New York state energy and research development authority under 40 subdivision one of this section, and/or approving use of renewable ener- 41 gy certificates or solar renewable energy certificates issued by another 42 entity for compliance with this article. The commission shall post a 43 notice of its intent to issue such an order at least thirty days prior 44 to issuing the order, and may, in its discretion, choose to accept 45 public comment on the notice. 46 3. Beginning April first, two thousand twenty-six, in measuring gener- 47 ation to determine the number of renewable energy certificates or solar 48 renewable energy certificates to issue, the commission or its designee 49 shall accept only readings of a meter that records kilowatt-hour 50 production of electrical energy, and which meets all applicable require- 51 ments of this subdivision. The readings may be taken or submitted by any 52 person, but shall be verified by the commission or its designee in 53 accordance with the American National Standards Institute (ANSI) Stand- 54 ard C12.1-2008, Electric Meters Code for Electricity Metering, as 55 amended or supplemented.A. 958 8 1 4. The commission or its designee shall issue renewable energy certif- 2 icates and solar renewable energy certificates in whole units, each 3 representing the environmental attributes of one megawatt-hour of elec- 4 tric generation. 5 5. Electric generation qualifies for issuance of renewable energy 6 certificates or solar renewable energy certificates only if: 7 (a) it is solar electric generation produced by a generating facility 8 that is interconnected with an electric distribution system that 9 supplies electricity to one or more end users located in New York; or 10 (b) it is renewable energy, other than solar electric generation, and 11 one or more of the following requirements is met: 12 (i) the generating facility reports its generation electronically to 13 the New York state energy research and development authority no less 14 frequently than monthly, and complies with any additional requirements 15 established by the New York state energy research and development 16 authority; 17 (ii) both of the following requirements are met: 18 (1) the generating facility reports its generation electronically no 19 less frequently than monthly to an electric distribution company that 20 then provides the generator's report electronically no less frequently 21 than monthly to the New York state energy research and development 22 authority; and 23 (2) the generating facility complies with any additional requirements 24 established by the New York state energy research and development 25 authority. 26 6. If a generator has accumulated a fraction of a megawatt-hour by the 27 end of an energy year, the fraction may be carried over and combined 28 with energy generated in a subsequent energy year in order to make a 29 full megawatt-hour that is eligible for a renewable energy certificate 30 or solar renewable energy certificate. In such a case, the combined 31 energy shall be eligible for issuance of a renewable energy certificate 32 or solar renewable energy certificate only during the energy year in 33 which accumulated generation reaches one full megawatt-hour. Only a 34 fraction of a megawatt-hour shall be carried over. 35 7. The commission shall require submittal of information and certif- 36 ications needed to enable the commission or its designee to verify the 37 generation that forms the basis of the requested renewable energy 38 certificates. The commission shall require inspections, as appropriate, 39 of generation equipment, monitoring and metering equipment, and other 40 facilities relevant to verifying electric generation. The commission 41 shall impose application fees, inspection fees and other charges for any 42 work required to verify electric generation and issue renewable energy 43 certificates or solar renewable energy certificates. 44 8. The commission or its designee shall not issue a renewable energy 45 certificate or solar renewable energy certificate based on electric 46 generation that has previously been used for compliance with this arti- 47 cle, or that has been used to satisfy another state's renewable energy 48 requirements or any voluntary clean electricity market or program. 49 9. A customer-generator that is eligible for net metering owns the 50 renewable attributes of the energy it generates on or after April first, 51 two thousand twenty-six, unless there is a contract with an express 52 provision that assigns ownership of the renewable attributes. The owner 53 of a solar electric generation facility that is not eligible for net 54 metering owns the renewable attributes of the energy it generates on or 55 after April first, two thousand twenty-six, unless there is a contractA. 958 9 1 with an express provision that assigns ownership of the renewable attri- 2 butes. 3 § 256. Alternative compliance payments. 1. An electric corporation may 4 choose to comply with renewable portfolio standard requirements by 5 submitting one or more alternative compliance payments or solar alterna- 6 tive compliance payments. An electric corporation that wishes to use 7 alternative compliance payments or solar alternative compliance payments 8 to comply with this article shall meet the requirements of this section. 9 2. The chairman of the commission shall appoint an alternative compli- 10 ance payments advisory committee to provide recommendations to the 11 commission regarding the appropriate cost of alternative compliance 12 payments and solar alternative compliance payments, as well as other 13 characteristics of their use. The commission shall consider the advisory 14 committee's recommendation and shall, through commission order, set 15 prices for alternative compliance payments and solar alternative compli- 16 ance payments. At a minimum, the price of an alternative compliance 17 payment or a solar alternative compliance payment shall be higher than 18 the estimated competitive market cost of the following: 19 (a) the cost of meeting the requirement through purchase of a renewa- 20 ble energy certificate or solar renewable energy certificate; or 21 (b) the cost of meeting the requirement through generating the 22 required renewable energy. 23 3. The commission shall establish and maintain a fifteen year solar 24 alternative compliance payment schedule. The commission may increase the 25 solar alternative compliance payment amount for one or more energy years 26 after appropriate notice and opportunity for public comment and public 27 hearing. However, the commission shall neither reduce the previously 28 established solar alternative compliance payment amounts, nor provide 29 any type of relief from the obligation to pay a solar alternative 30 compliance payment. 31 4. The commission shall review the amount of alternative compliance 32 payments, other than solar alternative compliance payments, at least 33 once per year, in consultation with the alternative compliance payments 34 advisory committee, and shall adjust these amounts as needed to comply 35 with paragraphs (a) and (b) of subdivision two of this section and to 36 reflect changing conditions in the environment, the energy industry and 37 markets. 38 5. To comply with this article using alternative compliance payments 39 or solar alternative compliance payments, an electric corporation shall 40 submit the following to the commission, as applicable: 41 (a) one alternative compliance payment for each megawatt-hour of 42 renewable energy required; or 43 (b) one solar alternative compliance payment for each megawatt-hour of 44 solar electric generation required. 45 6. The commission shall use the alternative compliance payments monies 46 submitted to meet the requirements of this article to fund renewable 47 energy projects through the green jobs-green New York program. 48 7. For each energy year, all solar alternative compliance payment 49 monies submitted to comply with solar electric generation requirements 50 for that energy year shall be refunded to ratepayers by the electric 51 distribution companies. The commission shall divide the total statewide 52 solar alternative compliance payment monies to be refunded for a partic- 53 ular energy year among the electric distribution companies as follows: 54 (a) determine the total megawatt-hours of electricity subject to solar 55 renewable portfolio standard requirements that was delivered by all 56 electric distribution companies combined during the subject energy year;A. 958 10 1 (b) determine the number of megawatt-hours of electricity subject to 2 solar renewable portfolio standard requirements that was delivered by 3 the electric distribution company during the energy year; 4 (c) divide the number determined in paragraph (b) of this subdivision 5 by the number determined in paragraph (a) of this subdivision to obtain 6 a fraction that represents the electric distribution company's share of 7 the total megawatt-hours of electricity subject to solar renewable port- 8 folio standard requirements that were delivered during the energy year; 9 and 10 (d) for each electric distribution company, multiply the fraction 11 determined in paragraph (c) of this subdivision by the total statewide 12 solar alternative compliance payment monies to be refunded for the ener- 13 gy year, to obtain a dollar figure for the amount of solar alternative 14 compliance payment monies the electric distribution company shall 15 refund. 16 § 257. Demonstrating compliance, reporting and recordkeeping. 1. By 17 October first of each year, each electric corporation shall file an 18 annual report with the commission, demonstrating that the electric 19 corporation has met the requirements of this article for the preceding 20 reporting year. 21 2. If the annual report required under subdivision one of this section 22 does not demonstrate that the electric corporation has supplied the 23 renewable energy certificates or solar renewable energy certificates 24 required by section two hundred fifty-two of this article for the previ- 25 ous reporting year, the annual report shall be accompanied by alterna- 26 tive compliance payments and/or solar alternative compliance payments in 27 sufficient quantities to make up the shortfall. 28 3. The annual report shall contain the following basic information for 29 the preceding reporting year: 30 (a) the total number of megawatt-hours of electricity sold to retail 31 customers in the state; 32 (b) the total number of renewable energy certificates retired state- 33 wide for the purpose of compliance with this article; 34 (c) the percentage of the electric corporation's total statewide 35 retail sales that the amount set forth under paragraph (b) of this 36 subdivision represents; 37 (d) the total number of solar renewable energy certificates retired 38 for the purpose of compliance with this chapter; 39 (e) the percentage of the electric corporation's total retail sales 40 that the number in paragraph (d) of this subdivision represents; 41 (f) the total amount of solar electric generation and other renewable 42 energy represented by renewable energy certificates submitted with the 43 annual report; 44 (g) the total number of alternative compliance payments and solar 45 alternative compliance payments submitted with the annual report; 46 (h) a summary demonstrating how compliance with the requirements of 47 section two hundred fifty-two of this article has been achieved; 48 (i) an accounting issued by New York state energy research and devel- 49 opment authority that shows the number of renewable energy certificates 50 purchased or held by the electric corporation; and 51 (j) the price of each renewable energy certificate and solar renewable 52 energy certificate that was retired during the energy year. 53 4. The documentation required by subdivision three of this section 54 shall include the following:A. 958 11 1 (a) identification of each generating unit, including its location, 2 fuel and technology type, and any unique state or federal facility or 3 plant identification number; 4 (b) an affidavit from the operator of each generating unit that the 5 specified amount of megawatt-hours from each renewable energy source was 6 generated by or sold to the electric corporation and that the electric 7 corporation has sole and exclusive title to the renewable energy and has 8 not been used to meet the renewable portfolio standard energy require- 9 ments in any other state or jurisdiction; 10 (c) an affidavit from the electric corporation that the specified 11 megawatt-hours were delivered into New York and complied with the 12 commission's standard interconnection rules; and 13 (d) for each solar renewable energy certificate submitted, certif- 14 ication of compliance with the requirements of subdivision two of 15 section two hundred fifty-three of this article that the renewable ener- 16 gy certificate has not been used to satisfy another state's renewable 17 energy requirements. The certification shall be in a form required by 18 the commission and available on the commission's website. 19 5. Failure of an electric corporation to demonstrate compliance with 20 this article in accordance with this section, within the deadlines set 21 forth in this section, shall subject the electric corporation to penal- 22 ties under section two hundred fifty-eight of this article. 23 6. Each electric corporation shall keep all records pertaining to the 24 requirements in this article for a period of five years, including data 25 on megawatt-hours resulting from owned generation, contracts, purchases 26 from the wholesale market, and purchases of renewable energy certif- 27 icates. Each electric corporation shall make all pertinent records 28 available for review upon request by the commission or its designee. 29 § 258. Enforcement. 1. Failure to comply with any provision of this 30 article shall subject the violator to the following penalties in accord- 31 ance with the commission's regulatory and statutory authority: 32 (a) suspension or revocation of an electric power supplier's license 33 or any other previously issued commission approval; 34 (b) financial penalties; 35 (c) disallowance of recovery of costs in rates; and 36 (d) prohibition on accepting new customers. 37 2. In determining the appropriate sanction, the commission shall 38 consider the following criteria and any other factors deemed appropriate 39 and material to the violator's failure to comply: 40 (a) the good faith efforts, if any, of the entity charged in attempt- 41 ing to achieve compliance; 42 (b) the gravity of the violation or failure to comply with the 43 requirements in this chapter; 44 (c) the number of past violations by the entity charged regarding 45 these standards and other standards adopted by the commission; and 46 (d) the appropriateness of the sanction or fine to the size of the 47 company charged. 48 § 2. This act shall take effect immediately.
