S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1061

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens. PARKER, PERKINS -- 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 service law, in relation to New York state
  renewable electric generation pilot programs

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The public service law is amended by adding a new section
73 to read as follows:
  S 73. NEW YORK STATE RENEWABLE ELECTRIC GENERATION PILOT PROGRAMS.  1.
THE  COMMISSION SHALL ESTABLISH NEW YORK STATE RENEWABLE ELECTRIC GENER-
ATION PILOT PROGRAMS TO AUTHORIZE THE DEVELOPMENT OF UP TO THREE HUNDRED
MEGAWATTS OF RENEWABLE ELECTRIC CAPACITY STATEWIDE, IN ORDER  TO  STIMU-
LATE THE GROWTH OF CLEAN, AFFORDABLE, AND RELIABLE SOURCES OF ENERGY AND
TO FOSTER NEW PARTNERSHIPS BETWEEN ELECTRIC CORPORATIONS, ENERGY PRODUC-
ERS AND ENERGY CUSTOMERS IN NEW YORK STATE.
  2.  (A)  THE  COMMISSION SHALL OVERSEE THE IMPLEMENTATION OF THE PILOT
PROGRAMS AND SHALL DIRECT ELECTRIC CORPORATIONS TO BUILD OR CAUSE TO  BE
BUILT RENEWABLE ENERGY FACILITIES TO BE FINANCED UNDER TERMS ESTABLISHED
THROUGH  AN  ORDER  OF  THE COMMISSION WHICH SHALL AUTHORIZE CAPITAL AND
OPERATING COSTS TO BE RECOVERED IN THE CORPORATIONS  RATE  BASE  AND  TO
EARN  A  REASONABLE RETURN OVER A PERIOD TO BE DETERMINED BY THE COMMIS-
SION, PROVIDED THAT THE  CORPORATION  SHALL,  AT  MINIMUM,  PROVIDE  THE
COMMISSION WITH THE FOLLOWING:
  (I)  A  DETAILED  DESCRIPTION  AND ECONOMIC EVALUATION OF THE PROPOSED
INVESTMENT;
  (II) A DISCUSSION OF THE COSTS, BENEFITS, AND RISKS OF  THE  PROPOSAL,
INCLUDING  AN  ANALYSIS OF THE COSTS, BENEFITS, AND RATE IMPLICATIONS TO
THE PARTICIPATING CUSTOMERS, TO THE COMPANY'S DEFAULT SERVICE CUSTOMERS,
AND TO THE UTILITY'S DISTRIBUTION CUSTOMERS;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD00883-01-1

S. 1061                             2

  (III) A DESCRIPTION OF ANY EQUIPMENT OR  INSTALLATION  SPECIFICATIONS,
SOLICITATIONS,  AND PROCUREMENTS IT HAS IMPLEMENTED OR INTENDS TO IMPLE-
MENT;
  (IV)  A  SHOWING  THAT IT HAS MADE REASONABLE EFFORTS TO INVOLVE LOCAL
BUSINESSES IN ITS PROGRAM;
  (V) EVIDENCE OF COMPLIANCE WITH ALL APPLICABLE  EMISSION  LIMITATIONS;
AND
  (VI)  A COPY OF ANY CUSTOMER CONTRACTS OR AGREEMENTS TO BE EXECUTED AS
PART OF THE PROGRAM.
  (B) RENEWABLE GENERATION FACILITIES ELIGIBLE  TO  BE  CONSTRUCTED  AND
FINANCED  UNDER  THE  NEW YORK STATE RENEWABLE ELECTRIC GENERATION PILOT
PROGRAMS SHALL:
  (I) GENERATE ELECTRICITY THROUGH USE OF  THE  FOLLOWING  TECHNOLOGIES:
SOLAR; WIND; PHOTOVOLTAICS; TIDAL; GEOTHERMAL; AND FUEL CELLS; OR
  (II)  GENERATE ELECTRICITY THROUGH LOW-IMPACT, RUN-OF-RIVER HYDROELEC-
TRIC ELECTRIC GENERATING EQUIPMENT WITH CAPACITY UP TO THIRTY  MEGAWATTS
WITH NO NEW STORAGE IMPOUNDMENT;
  (III)  BE  MANUFACTURED,  INSTALLED  AND  OPERATED  IN ACCORDANCE WITH
APPLICABLE GOVERNMENT AND INDUSTRY STANDARDS;
  (IV) CONNECT TO THE ELECTRIC SYSTEM AND OPERATED IN PARALLEL  WITH  AN
ELECTRIC CORPORATION'S TRANSMISSION AND DISTRIBUTION FACILITIES;
  (V)  OPERATE  IN COMPLIANCE WITH ANY STANDARDS AND REQUIREMENTS ESTAB-
LISHED BY THE COMMISSION; AND
  (VI) BE LOCATED WITHIN THE STATE, INCLUDING FACILITIES THAT CONSIST OF
CUSTOMER-OWNED OR LEASED GENERATORS.
  (C) AUTHORIZE ELECTRIC CORPORATIONS TO OWN AN EQUITY INTEREST IN  SUCH
FACILITIES  AND  ALLOW  PARTNERSHIPS  WITH  INDEPENDENT POWER PRODUCERS,
DEVELOPERS, AND/OR CUSTOMER-OWNED OR LEASED GENERATORS.
  S 2. The public service commission shall provide an annual  report  on
or before the first day of June to the governor, the temporary president
of  the  senate, the speaker of the assembly, the minority leader of the
senate, and the minority leader of the assembly reporting  the  progress
of  their  efforts and the effects of the program on the environment and
public. Such report shall identify each facility  participating  in  the
pilot  project  and shall include, but not be limited to, information on
each energy source or sources used for generation at such facility;  the
sum  capacity, in megawatts, of all electrical generating equipment used
by the facility; the date the facility will begin or has begun  generat-
ing electricity; and the number and category of customer-owned or leased
generators.
  S  3.  This act shall take effect immediately; provided, however, that
not later than the one hundred eightieth day after this act  shall  have
become  a  law,  the  public  service  commission  shall have in place a
competitive process which shall be open to electric corporations.