S T A T E O F N E W Y O R K
________________________________________________________________________
7684
2009-2010 Regular Sessions
I N A S S E M B L Y
April 21, 2009
___________
Introduced by M. of A. GORDON -- read once and referred to the Committee
on Energy
AN ACT to amend the energy law, in relation to allowing the sale and
supply of electricity to a neighboring consumer
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 21-106 of the energy law, is
amended by adding a new paragraph (e) to read as follows:
(E) THE TERM "NEIGHBORING CONSUMER" SHALL MEAN A NON-RESIDENTIAL
CONSUMER OF ENERGY THAT IS LOCATED WITHIN TEN MILES OF THE LANDS UPON
WHICH A CO-GENERATION, SMALL HYDRO OR ALTERNATE ENERGY PRODUCTION FACIL-
ITY IS LOCATED.
S 2. Subdivisions 4 and 5 of section 21-106 of the energy law are
renumbered subdivisions 5 and 6 and a new subdivision 4 is added to read
as follows:
4. ANY OWNER OR OPERATOR OF A CO-GENERATION, SMALL HYDRO OR ALTERNATE
ENERGY PRODUCTION FACILITY CONSTRUCTED AND PLACED IN OPERATION ON OR
AFTER JUNE TWENTY-SIXTH, NINETEEN HUNDRED EIGHTY, MAY SELL AND SUPPLY
ELECTRICITY PRODUCED AT SUCH FACILITY TO ONE NEIGHBORING CONSUMER. THE
STATE ENERGY OFFICE, IN CONSULTATION WITH THE PUBLIC SERVICE COMMISSION,
SHALL PROMULGATE RULES AND REGULATIONS TO IMPLEMENT THIS SUBDIVISION BY
JANUARY FIRST, TWO THOUSAND TEN.
S 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11176-01-9