NY State Assembly Bill 2011-A9149A

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 01, 2012	reported referred to ways and means
Apr 23, 2012	print number 9149a
Apr 23, 2012	amend (t) and recommit to energy
Jan 31, 2012	reference changed to energy
Jan 30, 2012	referred to ways and means

Bill Amendments

Original

A (Active)

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2011-A9149 - Details

Current Committee:: Assembly Ways And Means
Law Section:: Public Service Law
Laws Affected:: Add §66-n, Pub Serv L; amd §1005, ren §§1020-ii - 1020-kk to be §§1020-jj - 1020-ll, add §1020-ii, Pub Auth L

2011-A9149 - Summary

Creates the New York solar industry development and jobs act of 2012; relates to establishment of solar incentive programs by the public service commission, the power authority of the state of New York and the Long Island power authority.

2011-A9149 - Bill Text download pdf

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

                                  9149

                          I N  A S S E M B L Y

                            January 30, 2012
                               ___________

Introduced  by  M. of A. ENGLEBRIGHT, CAHILL, LENTOL, TITONE, STEVENSON,
  BRINDISI, CRESPO, CASTRO,  MAGNARELLI,  ZEBROWSKI,  SIMOTAS,  RABBITT,
  GRAF,  CASTELLI,  CALHOUN  --  Multi-Sponsored  by -- M. of A. ABBATE,
  BLANKENBUSH, BURLING, CROUCH, DUPREY, GIBSON, GLICK,  HAWLEY,  JACOBS,
  MAGEE, ORTIZ, SMARDZ, SWEENEY -- read once and referred to the Commit-
  tee on Ways and Means

AN  ACT  to amend the public service law and the public authorities law,
  in relation to the creation of the New York solar industry development
  and jobs act of 2012 and the procurement  of  solar  renewable  energy
  credits

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

  Section 1. Legislative intent and purpose. It is  the  intent  of  the
legislature  to enable the rapid and sustainable development of a robust
solar power industry in New York by creating  a  scalable,  diverse  and
competitive  solar  energy market.  By tapping into the state's abundant
solar energy resources, it is the further intent of the  legislature  to
harness  the  multiple  benefits  associated with the generation of such
clean power, including the significant creation of much needed  jobs,  a
reduction  of  the  long-term  costs  of  electricity generation for New
York's energy consumers, including transmission and  distribution  costs
that  continue to accelerate in proportion to overall electricity supply
costs for the residents of this  state,  increased  reliability  of  the
state's  electric  grid,  reduced  peak  demand, development of capacity
resources in capacity-constrained areas,  alleviation  of  local  trans-
mission  and distribution constraints, and a decrease in the emission of
harmful air pollution,  including  localized  and  other  emissions.  By
establishing  such a program, New York will create a solar energy enter-
prise that will elevate the state to be among the world's  cutting  edge
clean energy industry leaders, while helping to secure increased econom-
ic development for New Yorkers.
  S  2.  Short  title.   This act shall be known and may be cited as the
"New York solar industry development and jobs act of 2012".

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08692-11-2

A. 9149                             2

  S 3. The public service law is amended by adding a new section 66-n to
read as follows:
  S  66-N.  PROCUREMENT OF SOLAR RENEWABLE ENERGY CREDITS. 1. AS USED IN
THIS SECTION:
  (A) "BUILDING INTEGRATED PHOTOVOLTAIC EQUIPMENT" MEANS A  PHOTOVOLTAIC
DEVICE  THAT  DIRECTLY FUNCTIONS AS A PART OF THE ENVELOPE OF A BUILDING
INCLUDING INTEGRATED ROOF COVER, FACADE  OR  BUILDING  CLADDING,  GLAZED
SURFACES, SOLAR SHADING DEVICES, CANOPIES, AND SKYLIGHTS;
  (B)  "ELECTRIC  DISTRIBUTION  COMPANY" MEANS AN INVESTOR-OWNED UTILITY
THAT DISTRIBUTES ELECTRICITY WITHIN THIS STATE;
  (C) "PHOTOVOLTAIC DEVICE" MEANS A SYSTEM OF COMPONENTS THAT  GENERATES
ELECTRICITY  FROM  INCIDENTAL  SUNLIGHT  BY  MEANS  OF  THE PHOTOVOLTAIC
EFFECT, WHETHER OR NOT THE DEVICE IS COUPLED WITH A  DEVICE  CAPABLE  OF
STORING THE ENERGY PRODUCED FOR LATER USE;
  (D)  "PREVAILING  RATE  OF  WAGES" SHALL HAVE THE SAME MEANING AS SUCH
TERM IS DEFINED IN PARAGRAPH  A  OF  SUBDIVISION  FIVE  OF  SECTION  TWO
HUNDRED TWENTY OF THE LABOR LAW;
  (E)  "QUALIFIED  SOLAR  ENERGY  GENERATION"  MEANS POWER GENERATED (I)
WITHIN FIFTEEN YEARS OF THE DATE THE QUALIFIED  SOLAR  ENERGY  GENERATOR
RECEIVED  PERMISSION FROM THE ELECTRIC DISTRIBUTION COMPANY TO ENERGIZE;
(II) BY A PHOTOVOLTAIC DEVICE THAT  IS  CONNECTED  TO  THE  DISTRIBUTION
SYSTEM  OR  AREA SUBSTATIONS AND ASSOCIATED FACILITIES THAT COMPRISE THE
LOCAL AREA NETWORK OF AN ELECTRIC DISTRIBUTION COMPANY SERVING THE STATE
AFTER JANUARY FIRST, TWO THOUSAND ELEVEN;
  (F) "QUALIFIED SOLAR ENERGY GENERATOR" MEANS THE OWNER OF A  PHOTOVOL-
TAIC DEVICE OR DEVICES THAT PRODUCES QUALIFIED SOLAR ENERGY GENERATION;
  (G) "RETAIL DISTRIBUTED SOLAR ENERGY GENERATION" MEANS QUALIFIED SOLAR
ENERGY  GENERATION  PRODUCED  BY A PHOTOVOLTAIC DEVICE THAT IS INTERCON-
NECTED TO THE DISTRIBUTION SYSTEM ON THE CUSTOMER SIDE OF  THE  ELECTRIC
DISTRIBUTION COMPANY METER;
  (H)  "RETAIL  ELECTRIC  SUPPLIER"  MEANS  AN ENTITY AUTHORIZED TO SELL
ELECTRICITY AT RETAIL TO END-USE CUSTOMERS IN THIS STATE,  INCLUDING  AN
ELECTRIC  DISTRIBUTION COMPANY ACTING AS A PROVIDER OF LAST RESORT OR AN
ENERGY SERVICE COMPANY LICENSED BY THE COMMISSION FOR SUCH PURPOSE;
  (I) "SMALL RETAIL DISTRIBUTED SOLAR ENERGY  GENERATION"  MEANS  RETAIL
DISTRIBUTED  SOLAR  ENERGY  GENERATION PRODUCED BY A PHOTOVOLTAIC DEVICE
THAT IS EQUAL TO OR LESS THAN FIFTY KILOWATTS IN SIZE;
  (J) "SOLAR ALTERNATIVE  COMPLIANCE  PAYMENT"  MEANS  A  PAYMENT  OF  A
CERTAIN  DOLLAR  AMOUNT PER MEGAWATT-HOUR, AS ESTABLISHED BY THE COMMIS-
SION, THAT A RETAIL ELECTRIC SUPPLIER MAY SUBMIT TO  THE  COMMISSION  IN
ORDER  TO  COMPLY WITH ITS ANNUAL OBLIGATIONS ESTABLISHED IN SUBDIVISION
TWO OF THIS SECTION;
  (K) "SOLAR PURCHASE AGREEMENT" MEANS AN AGREEMENT, FOR  A  MINIMUM  OF
FIFTEEN  YEARS,  FOR THE PURCHASE OF SRECS FROM A QUALIFIED SOLAR ENERGY
GENERATOR; AND
  (L) "SOLAR RENEWABLE ENERGY CREDIT" OR "SREC" MEANS THE  ENVIRONMENTAL
ATTRIBUTES  ASSOCIATED  WITH ONE MEGAWATT-HOUR OF QUALIFIED SOLAR ENERGY
GENERATION.
  2. (A) EACH RETAIL ELECTRIC SUPPLIER SHALL ANNUALLY PROCURE, AT  MINI-
MUM,  SRECS  TO  MEET THE FOLLOWING PERCENTAGES OF SUCH SUPPLIER'S TOTAL
ELECTRIC SALES IN EACH COMPLIANCE YEAR:
COMPLIANCE            ANNUAL
  YEAR              REQUIREMENT
  2014                0.15%
  2015                0.20%
  2016                0.30%

A. 9149                             3

  2017                0.50%
  2018                0.75%
  2019                1.00%
  2020                1.25%
  2021                1.50%
  2022                1.80%
  2023                2.10%
  2024                2.40%
  2025                2.70%
  2026                3.00%
  (B) COMPLIANCE SHALL CONTINUE THROUGH TWO THOUSAND FORTY AS FOLLOWS:
  (I)  ELECTRIC  DISTRIBUTION COMPANY OBLIGATIONS FOR THE PROCUREMENT OF
SRECS ASSOCIATED WITH QUALIFIED SOLAR ENERGY GENERATION  SHALL  CONTINUE
UNTIL  ALL  EXISTING  SOLAR PURCHASE AGREEMENTS ENTERED INTO THROUGH TWO
THOUSAND TWENTY-SIX HAVE EXPIRED. ELECTRIC DISTRIBUTION COMPANIES  SHALL
NOT  BE  OBLIGATED TO ENTER INTO NEW SOLAR PURCHASE AGREEMENTS AFTER TWO
THOUSAND TWENTY-SIX.
  (II) EACH RETAIL ELECTRIC SUPPLIER THAT IS NOT  AN  ELECTRIC  DISTRIB-
UTION  COMPANY  SHALL  ANNUALLY PROCURE SRECS TO MEET THE PERCENTAGES OF
SUCH SUPPLIER'S TOTAL ELECTRIC SALES IN ACCORDANCE  WITH  THE  FOLLOWING
SCHEDULE:
  (A)  FOR  COMPLIANCE YEARS TWO THOUSAND TWENTY-SEVEN THROUGH TWO THOU-
SAND TWENTY-EIGHT, THE ANNUAL REQUIREMENT SHALL BE THE  ANNUAL  REQUIRE-
MENT IN TWO THOUSAND TWENTY-SIX;
  (B)  FOR COMPLIANCE YEAR TWO THOUSAND TWENTY-NINE, THE ANNUAL REQUIRE-
MENT SHALL BE THE ANNUAL REQUIREMENT APPLICABLE IN TWO THOUSAND  TWENTY-
EIGHT  LESS  THE ANNUAL REQUIREMENT APPLICABLE IN TWO THOUSAND FOURTEEN;
AND
  (C) FOR COMPLIANCE YEARS TWO  THOUSAND  THIRTY  THROUGH  TWO  THOUSAND
FORTY,  THE  ANNUAL  REQUIREMENT  SHALL BE THE ANNUAL REQUIREMENT IN THE
PRIOR COMPLIANCE YEAR LESS THE NET OF THE ANNUAL REQUIREMENT  APPLICABLE
IN THE FIFTEENTH AND SIXTEENTH YEAR PRIOR. FOR PURPOSES OF ILLUSTRATION,
THE   ANNUAL   REQUIREMENT   FOR   TWO  THOUSAND  THIRTY-FIVE  IS  1.75%
((2.00)-{(1.25%)-(1.00%)}).
  (C) AT LEAST TWENTY PERCENT OF THE  ANNUAL  OBLIGATION  APPLICABLE  TO
EACH  RETAIL  ELECTRIC SUPPLIER THAT IS AN ELECTRIC DISTRIBUTION COMPANY
SHALL BE MET THROUGH THE PROCUREMENT  OF  SRECS  ASSOCIATED  WITH  SMALL
RETAIL  DISTRIBUTED  SOLAR ENERGY GENERATION; AND AT LEAST AN ADDITIONAL
THIRTY PERCENT OF THE ANNUAL OBLIGATION APPLICABLE TO EACH RETAIL  ELEC-
TRIC  SUPPLIER  THAT  IS  AN  ELECTRIC DISTRIBUTION COMPANY SHALL BE MET
THROUGH THE PROCUREMENT OF  SRECS  ASSOCIATED  WITH  RETAIL  DISTRIBUTED
SOLAR ENERGY GENERATION PRODUCED BY EQUIPMENT OF ANY SIZE.
  (D)  RETAIL  ELECTRIC SUPPLIERS MAY MEET THEIR OBLIGATIONS ESTABLISHED
BY THE COMMISSION PURSUANT TO THIS SUBDIVISION THROUGH  THE  PROCUREMENT
OF  SRECS  TOGETHER WITH OR SEPARATE FROM THE ASSOCIATED QUALIFIED SOLAR
ENERGY GENERATION.
  (E) EACH SREC PROCURED BY A RETAIL ELECTRIC  SUPPLIER  FROM  QUALIFIED
SOLAR  ENERGY  GENERATION  EQUIPMENT  THAT IS PLACED IN SERVICE WITHIN A
LOAD ZONE FOR WHICH A LOCATIONAL MINIMUM INSTALLED CAPACITY  REQUIREMENT
HAS  BEEN  ESTABLISHED BY THE NEW YORK INDEPENDENT SYSTEM OPERATOR AS OF
THE EFFECTIVE DATE OF THIS SECTION SHALL BE COUNTED AS ONE  AND  A  HALF
SRECS  TOWARD  THE  RETAIL  ELECTRIC SUPPLIER'S ANNUAL PROCUREMENT OBLI-
GATION ESTABLISHED BY THE COMMISSION PURSUANT TO THIS SUBDIVISION.
  (I) WITHIN NINETY DAYS OF THE CONCLUSION OF THE THIRD ANNUAL  PROCURE-
MENT  PERIOD,  THE  COMMISSION  SHALL INITIATE A REVIEW, WITH NOTICE AND
OPPORTUNITY FOR PUBLIC COMMENT, ON THE AMOUNT  OF  SRECS  PROCURED  FROM

A. 9149                             4

WITHIN  EACH  TARGETED  LOAD ZONE. FOR THAT REVIEW, THE COMMISSION SHALL
DETERMINE THE AMOUNT OF SRECS PROCURED FROM WITHIN  EACH  TARGETED  LOAD
ZONE  AS  A  PERCENTAGE  OF SRECS PROCURED STATEWIDE FOR EACH COMPLIANCE
PERIOD UNDER REVIEW, AND ALSO SHALL DETERMINE THE AMOUNT OF RETAIL SALES
OF  ELECTRIC COMMODITY SOLD WITHIN EACH TARGETED LOAD ZONE AS A PERCENT-
AGE OF SAME PROCURED STATEWIDE FOR EACH COMPLIANCE PERIOD UNDER  REVIEW.
IF  THE  RESULTING PERCENTAGE OF SRECS PROCURED FROM WITHIN THE TARGETED
LOAD ZONE EXCEEDS THE RESULTING PERCENTAGE OF RETAIL SALES  OF  ELECTRIC
COMMODITY  SOLD  WITHIN  THE TARGETED LOAD ZONE, THEN THE COMMISSION MAY
ADJUST OR ELIMINATE THE SREC MULTIPLIER SET FORTH IN THIS PARAGRAPH  FOR
SYSTEMS  PUT  IN  SERVICE  AFTER  THE REVIEW HAS BEEN COMPLETED, BUT NOT
BEFORE THE NEXT COMPLIANCE YEAR. IF THE RESULTING  PERCENTAGE  OF  SRECS
PROCURED FROM WITHIN THE TARGETED LOAD ZONE DOES NOT EXCEED THE PERCENT-
AGE OF RETAIL SALES OF ELECTRIC COMMODITY SOLD WITHIN THAT TARGETED LOAD
ZONE,  THEN THE COMMISSION SHALL NOT ADJUST OR ELIMINATE THE SREC MULTI-
PLIER.
  (II) THE COMMISSION SHALL CONDUCT THE REVIEW SET FORTH IN  THIS  PARA-
GRAPH EACH YEAR FOLLOWING THE THIRD ANNUAL PROCUREMENT PERIOD. IF, AFTER
HAVING  ADJUSTED  OR  ELIMINATED THE SREC MULTIPLIER PURSUANT TO A PRIOR
ANNUAL REVIEW, THE COMMISSION SUBSEQUENTLY DETERMINES THAT THE RESULTING
PERCENTAGE OF SRECS PROCURED FROM WITHIN THE TARGETED LOAD ZONE NO LONG-
ER EXCEEDS THE PERCENTAGE OF RETAIL SALES  OF  ELECTRIC  COMMODITY  SOLD
WITHIN  THAT TARGETED LOAD ZONE, THEN THE COMMISSION SHALL REINSTATE THE
SREC MULTIPLIER SET FORTH IN THIS PARAGRAPH FOR SYSTEMS PUT  IN  SERVICE
AFTER  THE REVIEW HAS BEEN COMPLETED, BUT NOT BEFORE THE NEXT COMPLIANCE
YEAR.
  (F) WITHIN THREE MONTHS OF THE EFFECTIVE DATE  OF  THIS  SECTION,  THE
COMMISSION,  IN CONSULTATION WITH THE NEW YORK STATE ENERGY RESEARCH AND
DEVELOPMENT AUTHORITY AND THE  NEW  YORK  INDEPENDENT  SYSTEM  OPERATOR,
SHALL  ESTABLISH  AN  AUTOMATED  GENERATION  ATTRIBUTION TRACKING SYSTEM
CAPABLE OF TRACKING SRECS.
  (G) SRECS SHALL BE ELIGIBLE FOR USE IN MEETING THE OBLIGATIONS  ESTAB-
LISHED  IN  THIS  SUBDIVISION  IN  THE COMPLIANCE YEAR IN WHICH THEY ARE
CREATED AND FOR THE FOLLOWING TWO COMPLIANCE YEARS.
  3. (A) IN THE EVENT THAT RETAIL ELECTRIC SUPPLIERS CANNOT  MEET  THEIR
OBLIGATIONS  ESTABLISHED  IN SUBDIVISION TWO OF THIS SECTION, THEY SHALL
BE PERMITTED TO DISCHARGE SUCH OBLIGATIONS BY MAKING A SOLAR ALTERNATIVE
COMPLIANCE PAYMENT. THE AMOUNT OF THE PAYMENT BY  AN  ELECTRIC  SUPPLIER
SHALL  BE  CALCULATED  AS  THE  ANNUAL  SREC SHORTFALL MULTIPLIED BY THE
APPLICABLE ANNUAL SOLAR ALTERNATIVE COMPLIANCE PAYMENT LEVEL AS PROVIDED
IN PARAGRAPH (B) OF THIS SUBDIVISION.
  (B) NO LATER THAN JANUARY FIRST, TWO THOUSAND THIRTEEN, THE COMMISSION
SHALL ESTABLISH A SOLAR ALTERNATIVE COMPLIANCE PAYMENT SCHEDULE  THROUGH
THE  YEAR  TWO  THOUSAND TWENTY-SIX, AND SHALL ANNUALLY ADD A THIRTEENTH
YEAR TO THE SCHEDULE ON A ROLLING ANNUAL BASIS THROUGH  COMPLIANCE  YEAR
TWO  THOUSAND  FORTY. THE COMMISSION SHALL ANNUALLY REVIEW SUCH SCHEDULE
EVERY THREE YEARS TO ENSURE THAT THE PAYMENTS ARE  SET  AT  A  LEVEL  TO
STIMULATE  THE  DEVELOPMENT  OF  NEW  QUALIFIED  SOLAR ENERGY GENERATION
EQUIPMENT NECESSARY TO ACHIEVE THE OBLIGATIONS ESTABLISHED  IN  SUBDIVI-
SION TWO OF THIS SECTION. ONCE SUCH SCHEDULE IS ESTABLISHED, THE COMMIS-
SION  MAY  ADOPT,  AFTER  APPROPRIATE  NOTICE AND OPPORTUNITY FOR PUBLIC
COMMENT, AN ADJUSTMENT TO ALTERNATIVE COMPLIANCE PAYMENTS, PROVIDED THAT
THE COMMISSION SHALL NOT PROVIDE RELIEF FROM THE OBLIGATION  OF  PAYMENT
OF  THE  SOLAR  ALTERNATIVE  COMPLIANCE  PAYMENTS BY THE RETAIL ELECTRIC
SUPPLIERS IN ANY FORM.

A. 9149                             5

  (C) THE COMMISSION  SHALL  MAKE  AVAILABLE  ALL  MONIES  FROM  AMOUNTS
COLLECTED THROUGH SUCH SOLAR ALTERNATIVE COMPLIANCE PAYMENTS FOR A SOLAR
SOLICITATION  TO  BE CONDUCTED BY THE NEW YORK STATE ENERGY RESEARCH AND
DEVELOPMENT AUTHORITY UTILIZING THE TEMPLATE FOR SOLAR  PURCHASE  AGREE-
MENTS  AS  ESTABLISHED BY THE COMMISSION UNDER PARAGRAPH (A) OF SUBDIVI-
SION FOUR OF THIS SECTION FOR THE PROCUREMENT OF SRECS  ASSOCIATED  WITH
QUALIFIED  SOLAR  ENERGY GENERATION. THE PROCUREMENT OF SRECS UNDER THIS
PROVISION SHALL INCLUDE CRITERIA IN THE  REVIEW  AND  SELECTION  PROCESS
THAT MORE HIGHLY RANK PROPOSALS THAT (I) HAVE THE MOST BENEFICIAL IMPACT
ON  DISPLACING LOCAL EMISSIONS, (II) DEFER OR AVOID INFRASTRUCTURE COSTS
IN CONSTRAINED AREAS, AND (III) ALIGN  WITH  THE  NEW  YORK  INDEPENDENT
SYSTEM  OPERATOR ZONAL LOCATION FROM WHICH THE SOLAR ALTERNATIVE COMPLI-
ANCE PAYMENTS HAVE BEEN RECEIVED.
  4. (A) NO LATER THAN JANUARY FIRST, TWO THOUSAND THIRTEEN, THE COMMIS-
SION SHALL ESTABLISH A TEMPLATE FOR SOLAR PURCHASE AGREEMENTS TO BE USED
BY RETAIL ELECTRIC SUPPLIERS THAT ARE  ELECTRIC  DISTRIBUTION  COMPANIES
FOR THEIR PROCUREMENT OF SRECS FOR THE PURPOSE OF FULFILLING THEIR OBLI-
GATIONS ESTABLISHED IN SUBDIVISION TWO OF THIS SECTION.
  (B)  EACH  RETAIL  ELECTRIC  SUPPLIER THAT IS AN ELECTRIC DISTRIBUTION
COMPANY SHALL, NOT LATER THAN JULY FIRST, TWO THOUSAND THIRTEEN,  SUBMIT
FOR  COMMISSION REVIEW AND APPROVAL A SOLAR SOLICITATION PLAN THAT SHALL
INCLUDE A TIMETABLE AND METHODOLOGY FOR SOLICITING PROPOSALS  FOR  SRECS
ASSOCIATED  WITH  QUALIFIED  SOLAR  ENERGY  GENERATION  OTHER THAN SMALL
RETAIL DISTRIBUTED SOLAR ENERGY GENERATION, FOR THE PURPOSE OF  FULFILL-
ING  ITS OBLIGATIONS ESTABLISHED IN SUBDIVISION TWO OF THIS SECTION. THE
ELECTRIC  DISTRIBUTION  COMPANY'S  SOLAR  SOLICITATION  PLAN  SHALL   BE
DESIGNED  TO FOSTER A DIVERSITY OF SOLAR PROJECT SIZES AND PARTICIPATION
AMONG  ALL  ELIGIBLE  CUSTOMER  CLASSES  SUBJECT  TO  COST-EFFECTIVENESS
CONSIDERATIONS.    THE  ELECTRIC  DISTRIBUTION COMPANY SHALL ESTABLISH A
SEPARATE SOLICITATION PROCESS FOR THE PROCUREMENTS OF  SRECS  ASSOCIATED
WITH  RETAIL  DISTRIBUTED  SOLAR ENERGY GENERATION PRODUCED BY EQUIPMENT
THAT IS BETWEEN FIFTY-ONE AND  TWO  HUNDRED  FIFTY  KILOWATTS  IN  SIZE.
RETAIL  DISTRIBUTED SOLAR ENERGY GENERATION WITHIN THIS SIZE RANGE SHALL
BE ELIGIBLE TO RECEIVE A SREC OFFER PRICE  EQUIVALENT  TO  THE  WEIGHTED
AVERAGE  ACCEPTED  BID  PRICE  IN THE CONCURRENT SOLICITATION FOR RETAIL
DISTRIBUTED SOLAR ENERGY GENERATION SYSTEMS  GREATER  THAN  TWO  HUNDRED
FIFTY  KILOWATTS  IN  SIZE,  PLUS  AN  ADDITIONAL INCENTIVE OF UP TO TEN
PERCENT AS MAY BE REQUIRED  BY  THE  COMMISSION,  TO  ACCOUNT  FOR  COST
DIFFERENCES  BETWEEN  THESE  MARKET SEGMENTS. THE SREC OFFER PRICE SHALL
CONTINUE TO BE AVAILABLE UNTIL THE SOONER OF: (I) THE ACCEPTANCE BY  THE
ELECTRIC  DISTRIBUTION  COMPANY  OF  RESERVATIONS  FROM QUALIFIED RETAIL
DISTRIBUTED SOLAR ENERGY GENERATION FOR AVAILABLE STANDARD OFFER  SRECS;
OR (II) THE ELECTRIC DISTRIBUTION COMPANY'S COMPLETION OF ITS NEXT ANNU-
AL SOLICITATION.
  (C)  EACH  RETAIL  ELECTRIC  SUPPLIER THAT IS AN ELECTRIC DISTRIBUTION
COMPANY SHALL EXECUTE ITS APPROVED  SOLICITATION  PLAN  AND  SUBMIT  FOR
COMMISSION  REVIEW  AND  APPROVAL  ITS  PREFERRED SOLAR PROCUREMENT PLAN
COMPRISED OF PROPOSED SOLAR PURCHASE  AGREEMENTS  FOR  SRECS  ASSOCIATED
WITH  QUALIFIED SOLAR ENERGY GENERATION OTHER THAN SMALL RETAIL DISTRIB-
UTED SOLAR ENERGY GENERATION. THE  COMMISSION  MAY  APPROVE,  REJECT  OR
MODIFY  AN  APPLICATION  FOR  APPROVAL  OF  SUCH PLAN, PROVIDED THAT THE
COMMISSION SHALL APPROVE SUCH PLAN IF THE COMMISSION FINDS THAT: (I) THE
SOLICITATION AND  EVALUATION  CONDUCTED  BY  THE  ELECTRIC  DISTRIBUTION
COMPANY  WAS  THE  RESULT  OF  A FAIR, OPEN, COMPETITIVE AND TRANSPARENT
PROCESS; (II) APPROVAL OF THE SOLAR PROCUREMENT PLAN WOULD RESULT IN THE
ACHIEVEMENT OF THE DISTRIBUTION COMPANY'S OBLIGATIONS PERTAINING TO  THE

A. 9149                             6

PROCUREMENT  OF  SRECS ASSOCIATED WITH QUALIFIED SOLAR ENERGY GENERATION
OTHER THAN SMALL RETAIL  DISTRIBUTED  SOLAR  ENERGY  GENERATION  AT  THE
LOWEST  REASONABLE COST; AND (III) SUCH PROCUREMENT PLAN SATISFIES OTHER
CRITERIA AS MAY BE ESTABLISHED IN THE APPROVED SOLICITATION PLAN. IF THE
COMMISSION DOES NOT APPROVE, REJECT OR MODIFY THE DISTRIBUTION COMPANY'S
APPLICATION  WITHIN  SIXTY  DAYS,  THE  PROCUREMENT PLAN SHALL BE DEEMED
APPROVED.
  (D) NO LATER THAN JULY FIRST, TWO THOUSAND THIRTEEN, EACH RETAIL ELEC-
TRIC SUPPLIER THAT IS AN ELECTRIC DISTRIBUTION COMPANY SHALL  SUBMIT  TO
THE COMMISSION FOR REVIEW AND APPROVAL A PLAN FOR THE ACHIEVEMENT OF ITS
OBLIGATION  PERTAINING TO THE PROCUREMENT OF SRECS ASSOCIATED WITH SMALL
RETAIL DISTRIBUTED SOLAR ENERGY GENERATION  ESTABLISHED  IN  SUBDIVISION
TWO OF THIS SECTION.
  (E)  EACH  ELECTRIC  DISTRIBUTION  COMPANY'S SREC PROCUREMENT SHALL BE
CONSISTENT WITH THE SEGMENT-SPECIFIC PERCENTAGES PROVIDED IN  THE  PLANS
APPROVED  BY  THE  COMMISSION PURSUANT TO PARAGRAPHS (B) AND (D) OF THIS
SUBDIVISION. IF, HOWEVER,  ON  THE  BASIS  OF  THE  ACTUAL  SOLICITATION
RESULTS,  THE  COLLECTIVE  ANNUAL  COST ASSOCIATED WITH SUCH PROCUREMENT
WOULD EXCEED ONE AND ONE-HALF PERCENT OF SUCH  COMPANY'S  ANNUAL  RETAIL
ELECTRICITY SALES REVENUES, THE ELECTRIC DISTRIBUTION COMPANY SHALL HAVE
THE  OPTION OF SUBSTITUTING, BY UP TO TWENTY-FIVE PERCENT, THE NUMBER OF
SRECS PROCURED FROM THE HIGHEST COST SEGMENT WITH  SRECS  PROCURED  FROM
QUALIFIED SOLAR ENERGY GENERATION OF ANY SIZE.
  5.  EACH  RETAIL  ELECTRIC  SUPPLIER  THAT IS AN ELECTRIC DISTRIBUTION
COMPANY SHALL BE ENTITLED TO RECOVER THE  PRUDENTLY  INCURRED  COSTS  OF
COMPLYING  WITH  ITS  OBLIGATIONS ESTABLISHED IN SUBDIVISION TWO OF THIS
SECTION, AS DETERMINED BY THE COMMISSION. ALL SUCH COSTS SHALL BE RECOV-
ERED THROUGH THE SUPPLY PORTION OF EACH ELECTRIC CUSTOMER'S  BILL  IN  A
COMPETITIVELY NEUTRAL MANNER.
  6.  NO  LATER  THAN  JULY FIRST, TWO THOUSAND THIRTEEN, THE COMMISSION
SHALL ESTABLISH AN INCENTIVE PROGRAM FOR RETAIL ELECTRIC SUPPLIERS  THAT
ARE ELECTRIC DISTRIBUTION COMPANIES BASED ON SUCH COMPANIES' ACHIEVEMENT
OF THEIR OBLIGATIONS, AND EXEMPLARY PERFORMANCE BEYOND SUCH OBLIGATIONS,
ESTABLISHED  IN  SUBDIVISION TWO OF THIS SECTION (I) IN A COST-EFFECTIVE
MANNER THAT ACHIEVES THE OBLIGATIONS AT LEAST COST AND AVOIDS  LONG-TERM
COSTS  TO  THE  TRANSMISSION  AND  DISTRIBUTION  SYSTEM;  (II)  PROVIDES
ENHANCED ELECTRICITY RELIABILITY WITHIN COMPANIES' SERVICE  TERRITORIES;
AND (III) MINIMIZES PEAK LOAD IN CONSTRAINED AREAS.
  7.  NO LATER THAN JANUARY FIRST, TWO THOUSAND THIRTEEN, THE COMMISSION
SHALL, IN CONSULTATION WITH THE  NEW  YORK  STATE  ENERGY  RESEARCH  AND
DEVELOPMENT  AUTHORITY, ESTABLISH THE TERMS AND CONDITIONS THAT SHALL BE
APPLICABLE TO SOLAR PURCHASE AGREEMENTS ENTERED INTO BY RETAIL  ELECTRIC
SUPPLIERS  THAT  ARE ELECTRIC DISTRIBUTION COMPANIES FOR THE PROCUREMENT
OF SRECS ASSOCIATED WITH SMALL RETAIL DISTRIBUTED  SOLAR  ENERGY  GENER-
ATION, FOR THE PURPOSE OF ACHIEVING SUCH COMPANIES' OBLIGATIONS PERTAIN-
ING  TO SRECS ASSOCIATED WITH SUCH GENERATION ESTABLISHED IN SUBDIVISION
TWO OF THIS SECTION.  SUCH TERMS AND CONDITIONS SHALL INCLUDE A  TARIFF,
AS  ESTABLISHED BY THE COMMISSION IN CONJUNCTION WITH THE NEW YORK STATE
ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, FOR THE PROCUREMENT OF  SRECS
ASSOCIATED  WITH SMALL RETAIL DISTRIBUTED SOLAR ENERGY GENERATION, TO BE
PAID BY ELECTRIC DISTRIBUTION COMPANIES TO  APPLICABLE  QUALIFIED  SOLAR
ENERGY  GENERATORS.  THE  COMMISSION,  IN  CONJUNCTION WITH THE NEW YORK
STATE ENERGY RESEARCH AND DEVELOPMENT  AUTHORITY,  SHALL  CONSIDER  COST
DIFFERENCES  BETWEEN  VARIOUS  MARKET  SEGMENTS,  INCLUDING RESIDENTIAL,
COMMERCIAL AND NOT-FOR-PROFIT, AND APPLICATIONS, SUCH AS BUILDING  INTE-
GRATED  PHOTOVOLTAIC  EQUIPMENT,  AND  SHALL DETERMINE WHETHER SUCH COST

A. 9149                             7

DIFFERENCES ARE  MATERIAL  SUCH  THAT  MARKET  OR  APPLICATION  SPECIFIC
TARIFFS ARE WARRANTED.  THE COMMISSION, IN CONJUNCTION WITH THE NEW YORK
STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, SHALL, AT LEAST ANNUAL-
LY,  REVIEW  SUCH  TARIFFS  AND ADJUST AS NECESSARY TO ACHIEVE THE OBLI-
GATIONS PERTAINING TO SRECS ASSOCIATED  WITH  SMALL  RETAIL  DISTRIBUTED
SOLAR  ENERGY GENERATION ESTABLISHED IN SUBDIVISION TWO OF THIS SECTION.
THE COMMISSION MAY ALSO INSTITUTE,  AFTER  NOTICE  AND  OPPORTUNITY  FOR
PUBLIC  INPUT, A MECHANISM THAT ALLOWS FOR ADJUSTMENT TO THE TARIFF RATE
BASED ON ELECTRIC DISTRIBUTION COMPANIES' PROCUREMENT OF SRECS, RELATIVE
TO THE ANNUAL TARGETS FOR SMALL RETAIL DISTRIBUTED SOLAR  ENERGY  GENER-
ATION.  ANY  SUCH  ADJUSTMENTS SHALL BE APPLIED PROSPECTIVELY, AND SHALL
NOT AFFECT THE TARIFF RATE OF  SMALL  RETAIL  DISTRIBUTED  SOLAR  ENERGY
GENERATION ALREADY ENROLLED.
  8.  RETAIL  CONTRACTS  FOR THE SALE OF ELECTRICITY ENTERED INTO BEFORE
JANUARY FIRST, TWO THOUSAND THIRTEEN BY RETAIL ELECTRIC  SUPPLIERS  THAT
ARE  NOT  ELECTRIC DISTRIBUTION COMPANIES SHALL BE EXEMPT FROM THE OBLI-
GATIONS ESTABLISHED IN SUBDIVISION TWO OF THIS SECTION.
  9.  EACH RETAIL ELECTRIC SUPPLIER THAT  IS  AN  ELECTRIC  DISTRIBUTION
COMPANY  SHALL  BE PERMITTED TO RESELL OR OTHERWISE DISPOSE OF SRECS AND
ANY ASSOCIATED QUALIFIED SOLAR ENERGY GENERATION PROCURED BY SUCH COMPA-
NY THAT IS IN EXCESS OF ITS OBLIGATIONS ESTABLISHED IN  SUBDIVISION  TWO
OF  THIS  SECTION,  PROVIDED  THE COMPANY SHALL NET THE COST OF PAYMENTS
MADE FOR SRECS AND ANY  ASSOCIATED  QUALIFIED  SOLAR  ENERGY  GENERATION
UNDER  SOLAR  PURCHASE  AGREEMENTS  AGAINST  THE PROCEEDS OF THE SALE OF
SRECS AND ANY ASSOCIATED QUALIFIED  SOLAR  ENERGY  GENERATION,  AND  THE
DIFFERENCE  SHALL  BE  CREDITED  OR CHARGED TO THE ELECTRIC DISTRIBUTION
COMPANY'S CUSTOMERS THROUGH A RECONCILING COMPONENT OF  ELECTRIC  RATES,
AS DETERMINED BY THE COMMISSION.
  10.  (A) WITHIN THIRTY DAYS OF THE SUBMISSION OF THE ANNUAL COMPLIANCE
REPORTS FILED BY RETAIL ELECTRIC SUPPLIERS PURSUANT TO SUBDIVISION ELEV-
EN OF THIS SECTION, THE COMMISSION SHALL DETERMINE  THE  COMBINED  TOTAL
ANNUAL EXPENDITURES FOR THE PROCUREMENT OF SRECS MADE BY RETAIL ELECTRIC
SUPPLIERS  FOR  THE PURPOSES OF MEETING THE ANNUAL REQUIREMENT SET FORTH
IN PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION FOR  THE  APPLICABLE
COMPLIANCE  YEAR  AS  A PERCENTAGE OF THE TOTAL RETAIL ELECTRICITY SALES
REVENUES FOR RETAIL ELECTRIC SUPPLIERS FOR SUCH COMPLIANCE YEAR. IF SUCH
PERCENTAGE EXCEEDS ONE AND ONE-HALF PERCENT, THEN THE ANNUAL REQUIREMENT
FOR THE COMPLIANCE YEAR FOR WHICH THE COMMISSION MAKES ITS DETERMINATION
SHALL CONTINUE TO BE THE ANNUAL REQUIREMENT APPLICABLE  IN  EACH  SUBSE-
QUENT  COMPLIANCE  YEAR  UNTIL THIS LIMITATION ENDS AS PROVIDED IN PARA-
GRAPH (B) OF THIS SUBDIVISION.
  (B) IF THE LIMITATION PROVIDED FOR IN PARAGRAPH (A) OF  THIS  SUBDIVI-
SION  IS TRIGGERED, IT SHALL END UPON A DETERMINATION BY THE COMMISSION,
BASED UPON A REVIEW OF THE RETAIL ELECTRIC SUPPLIERS' ANNUAL  COMPLIANCE
REPORTS, THAT THE COMBINED TOTAL ANNUAL EXPENDITURES FOR THE PROCUREMENT
OF SRECS MADE BY RETAIL ELECTRIC SUPPLIERS TO MEET THE APPLICABLE ANNUAL
REQUIREMENT  FOR  A  COMPLIANCE  YEAR  DID  NOT  EXCEED ONE AND ONE-HALF
PERCENT OF THE TOTAL RETAIL ELECTRICITY SALES REVENUES FOR RETAIL  ELEC-
TRIC  SUPPLIERS  FOR SUCH COMPLIANCE YEAR. FOR THE COMPLIANCE YEAR IMME-
DIATELY FOLLOWING THE END OF THE LIMITATION PURSUANT TO THIS  PARAGRAPH,
THE  APPLICABLE ANNUAL REQUIREMENT SHALL BE THE REQUIREMENT SET FORTH IN
PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION FOR THE COMPLIANCE YEAR
IMMEDIATELY FOLLOWING THE COMPLIANCE YEAR FOR WHICH  THE  LIMITATION  IN
PARAGRAPH  (A) OF THIS SUBDIVISION WAS TRIGGERED. THE ANNUAL REQUIREMENT
SHALL CONTINUE TO INCREASE IN THE INCREMENTS PROVIDED FOR  IN  PARAGRAPH
(A)  OF  SUBDIVISION  TWO OF THIS SECTION FOR EACH SUBSEQUENT YEAR UNTIL

A. 9149                             8

THE ANNUAL REQUIREMENT REACHES THE PERCENTAGE SET FORTH  IN  SUCH  PARA-
GRAPH FOR COMPLIANCE YEAR TWO THOUSAND TWENTY-SIX.
  (C)  SOLAR  ALTERNATIVE  COMPLIANCE  PAYMENTS  MADE BY RETAIL ELECTRIC
SUPPLIERS PURSUANT TO SUBDIVISION THREE OF THIS SECTION SHALL NOT  COUNT
TOWARDS THE ANNUAL EXPENDITURE LIMITATIONS SET FORTH IN PARAGRAPH (A) OF
THIS SUBDIVISION.
  11.  (A)  NO LATER THAN JULY FIRST, TWO THOUSAND FIFTEEN, AND NO LATER
THAN JULY FIRST OF EACH YEAR THEREAFTER THROUGH THE  YEAR  TWO  THOUSAND
TWENTY-SEVEN THE COMMISSION SHALL REPORT TO THE GOVERNOR, SPEAKER OF THE
ASSEMBLY,  TEMPORARY  PRESIDENT  OF THE SENATE, AND CHAIRS OF THE SENATE
AND ASSEMBLY ENERGY COMMITTEES, AND SHALL POST ON ITS WEBSITE, A  REPORT
REGARDING  THE  PROGRESS OF EACH RETAIL ELECTRIC SUPPLIER IN MEETING ITS
OBLIGATIONS ESTABLISHED IN SUBDIVISION TWO OF THIS SECTION.
  (B) EACH RETAIL ELECTRIC SUPPLIER SHALL PROVIDE TO THE COMMISSION  THE
INFORMATION  NECESSARY  TO FULFILL THE COMMISSION'S OBLIGATIONS PURSUANT
TO THIS SUBDIVISION, IN ACCORDANCE WITH AN ANNUAL  REPORTING  OBLIGATION
AND PROCESS TO BE ESTABLISHED BY THE COMMISSION.
  (C)  EACH  REPORT THAT SHALL BE SUBMITTED PURSUANT TO THIS SUBDIVISION
SHALL INCLUDE, BUT NOT BE LIMITED TO, FOR EACH RETAIL ELECTRIC  SUPPLIER
FOR  THE  PREVIOUS CALENDAR YEAR AND FOR THE TOTAL OF ALL CALENDAR YEARS
TO DATE: (I) THE ACTUAL NUMBER  OF  MEGAWATT-HOURS  OF  QUALIFIED  SOLAR
ENERGY  GENERATION  SOLD AT RETAIL TO NEW YORK END-USE CUSTOMERS AND THE
TOTAL NUMBER OF MEGAWATT-HOURS  SOLD  AT  RETAIL  TO  NEW  YORK  END-USE
CUSTOMERS;  (II)  THE  NUMBER  OF  SRECS ASSOCIATED WITH QUALIFIED SOLAR
ENERGY GENERATION THAT WERE RETIRED FOR  THE  PURPOSES  OF  MEETING  THE
SUPPLIER'S  OBLIGATIONS  ESTABLISHED IN SUBDIVISION TWO OF THIS SECTION;
(III) THE AMOUNT, IF ANY, OF SOLAR ALTERNATIVE COMPLIANCE PAYMENTS MADE;
AND (IV) ITS ANNUAL RETAIL ELECTRICITY SALES  REVENUE  AND  EXPENDITURES
FOR THE PROCUREMENT OF SRECS MADE FOR THE PURPOSES OF MEETING THE APPLI-
CABLE  ANNUAL  REQUIREMENT,  PROVIDED THAT SUCH INFORMATION NEED ONLY BE
REPORTED FOR THE  PREVIOUS  CALENDAR  YEAR.    SUCH  REPORT  SHALL  ALSO
INCLUDE,  FOR EACH RETAIL ELECTRIC SUPPLIER THAT IS AN ELECTRIC DISTRIB-
UTION COMPANY: (1) THE NUMBER OF SRECS EACH ASSOCIATED WITH SMALL RETAIL
DISTRIBUTED SOLAR ENERGY GENERATION,  RETAIL  DISTRIBUTED  SOLAR  ENERGY
GENERATION  PRODUCED  BY  EQUIPMENT  THAT  IS  BETWEEN FIFTY-ONE AND TWO
HUNDRED FIFTY KILOWATTS IN SIZE  AND  RETAIL  DISTRIBUTED  SOLAR  ENERGY
GENERATION PRODUCED BY EQUIPMENT OF ANY SIZE THAT WERE PROCURED; (2) THE
NUMBER OF SUCH SRECS PROCURED THROUGH SOLAR PURCHASE AGREEMENTS; AND (3)
THE  AMOUNT  PAID  TO  QUALIFIED SOLAR ENERGY GENERATORS THROUGH TARIFFS
ESTABLISHED PURSUANT TO SUBDIVISION SEVEN  OF  THIS  SECTION  FOR  SRECS
ASSOCIATED WITH SMALL RETAIL DISTRIBUTED SOLAR ENERGY GENERATION.
  12.  EVERY CONTRACTOR EMPLOYED PURSUANT TO THIS SECTION, NOT OTHERWISE
REQUIRED TO PAY LABORERS, WORKERS OR MECHANICS THE  PREVAILING  RATE  OF
WAGES  PURSUANT TO ARTICLE EIGHT OF THE LABOR LAW, SHALL PAY AN EMPLOYEE
UNDER CONTRACT FOR THE INSTALLATION OF QUALIFIED SOLAR ENERGY GENERATION
EQUIPMENT RATED AT TWO HUNDRED FIFTY KILOWATTS OR MORE  A  WAGE  OF  NOT
LESS  THAN  THE  PREVAILING  RATE OF WAGES FOR SUCH WORK IN THE LOCALITY
WHERE SUCH INSTALLATION OCCURS. THIS REQUIREMENT SHALL BE IN EFFECT  FOR
THE  DURATION  OF  THE  AVAILABILITY OF THE INCENTIVE STREAM ESTABLISHED
PURSUANT TO THIS SECTION AND IN NO EVENT SHALL SUCH  REQUIREMENT  EXTEND
BEYOND  THE  AVAILABILITY  OF  SUCH  INCENTIVE  STREAM. EVERY CONTRACTOR
SUBJECT TO THE PROVISIONS OF THIS  SUBDIVISION  SHALL  MAINTAIN  PAYROLL
RECORDS IN ACCORDANCE WITH SECTION TWO HUNDRED TWENTY OF THE LABOR LAW.
  S 4. Section 1005 of the public authorities law is amended by adding a
new subdivision 19 to read as follows:

A. 9149                             9

  19. A. FOR THE PURPOSES OF THIS SUBDIVISION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
  (1)  "PHOTOVOLTAIC DEVICE" MEANS A SYSTEM OF COMPONENTS THAT GENERATES
ELECTRICITY FROM  INCIDENTAL  SUNLIGHT  BY  MEANS  OF  THE  PHOTOVOLTAIC
EFFECT,  WHETHER  OR  NOT THE DEVICE IS COUPLED WITH A DEVICE CAPABLE OF
STORING THE ENERGY PRODUCED FOR LATER USE;
  (2) "PREVAILING RATE OF WAGES" SHALL HAVE THE  SAME  MEANING  AS  SUCH
TERM  IS  DEFINED  IN  PARAGRAPH  A  OF  SUBDIVISION FIVE OF SECTION TWO
HUNDRED TWENTY OF THE LABOR LAW;
  (3) "QUALIFIED SOLAR ENERGY  GENERATION"  MEANS  POWER  GENERATED  (I)
WITHIN  FIFTEEN  YEARS  OF THE DATE THE QUALIFIED SOLAR ENERGY GENERATOR
RECEIVED PERMISSION FROM THE ELECTRIC DISTRIBUTION COMPANY TO  ENERGIZE;
(II)  BY  A  PHOTOVOLTAIC  DEVICE  THAT IS CONNECTED TO THE DISTRIBUTION
SYSTEM OR AREA SUBSTATIONS AND ASSOCIATED FACILITIES THAT  COMPRISE  THE
LOCAL AREA NETWORK OF AN ELECTRIC DISTRIBUTION COMPANY SERVING THE STATE
AFTER JANUARY FIRST, TWO THOUSAND ELEVEN;
  (4)  "QUALIFIED SOLAR ENERGY GENERATOR" MEANS THE OWNER OF A PHOTOVOL-
TAIC DEVICE OR DEVICES THAT PRODUCES QUALIFIED SOLAR ENERGY GENERATION;
  (5) "RETAIL DISTRIBUTED SOLAR ENERGY GENERATION" MEANS QUALIFIED SOLAR
ENERGY GENERATION PRODUCED BY A PHOTOVOLTAIC DEVICE  THAT  IS  INTERCON-
NECTED  TO  THE DISTRIBUTION SYSTEM ON THE CUSTOMER SIDE OF THE ELECTRIC
DISTRIBUTION COMPANY METER;
  (6) "SMALL RETAIL DISTRIBUTED SOLAR ENERGY  GENERATION"  MEANS  RETAIL
DISTRIBUTED  SOLAR  ENERGY  GENERATION PRODUCED BY A PHOTOVOLTAIC DEVICE
THAT IS EQUAL TO OR LESS THAN FIFTY KILOWATTS IN SIZE;
  (7) "SOLAR PURCHASE AGREEMENT" MEANS AN AGREEMENT, FOR  A  MINIMUM  OF
FIFTEEN  YEARS,  FOR THE PURCHASE OF SRECS FROM A QUALIFIED SOLAR ENERGY
GENERATOR; AND
  (8) "SOLAR RENEWABLE ENERGY CREDIT" OR "SREC" MEANS THE  ENVIRONMENTAL
ATTRIBUTES  ASSOCIATED  WITH ONE MEGAWATT-HOUR OF QUALIFIED SOLAR ENERGY
GENERATION.
  B. (1) THE AUTHORITY SHALL ANNUALLY PROCURE, AT MINIMUM, SRECS TO MEET
THE FOLLOWING PERCENTAGES OF THE AUTHORITY'S  TOTAL  ELECTRIC  SALES  IN
EACH COMPLIANCE YEAR:
COMPLIANCE            ANNUAL
  YEAR              REQUIREMENT
  2014                0.33%
  2015                0.50%
  2016                0.75%
  2017                1.00%
  2018                1.25%
  2019                1.50%
  2020                1.75%
  2021                2.00%
  2022                2.30%
  2023                2.60%
  2024                2.90%
  2025                3.20%
  2026                3.50%
  (2)  AT  LEAST  TWENTY PERCENT OF THE ANNUAL OBLIGATION ESTABLISHED IN
THIS PARAGRAPH SHALL BE MET THROUGH THE PROCUREMENT OF SRECS  ASSOCIATED
WITH  SMALL  RETAIL DISTRIBUTED SOLAR ENERGY GENERATION; AND AT LEAST AN
ADDITIONAL THIRTY PERCENT OF THE ANNUAL OBLIGATION ESTABLISHED  IN  THIS
PARAGRAPH  SHALL BE MET THROUGH THE PROCUREMENT OF SRECS ASSOCIATED WITH
RETAIL DISTRIBUTED SOLAR ENERGY GENERATION PRODUCED BY EQUIPMENT OF  ANY
SIZE.

A. 9149                            10

  (3) OBLIGATIONS FOR THE PROCUREMENT OF SRECS ASSOCIATED WITH QUALIFIED
SOLAR ENERGY GENERATION SHALL CONTINUE UNTIL ALL EXISTING SOLAR PURCHASE
AGREEMENTS HAVE EXPIRED.
  (4)  THE  AUTHORITY MAY MEET ITS OBLIGATIONS ESTABLISHED IN THIS PARA-
GRAPH THROUGH THE PROCUREMENT OF SRECS TOGETHER WITH  OR  SEPARATE  FROM
THE ASSOCIATED QUALIFIED SOLAR ENERGY GENERATION.
  (5)  EACH  SREC  PROCURED BY THE AUTHORITY FROM QUALIFIED SOLAR ENERGY
GENERATION EQUIPMENT THAT IS PLACED IN SERVICE WITHIN A  LOAD  ZONE  FOR
WHICH  A  LOCATIONAL  MINIMUM  INSTALLED  CAPACITY  REQUIREMENT HAS BEEN
ESTABLISHED BY THE NEW YORK INDEPENDENT SYSTEM OPERATOR AS OF THE EFFEC-
TIVE DATE OF THIS SECTION SHALL BE COUNTED AS  ONE  AND  ONE-HALF  SRECS
TOWARD THE AUTHORITY'S ANNUAL PROCUREMENT OBLIGATION ESTABLISHED IN THIS
PARAGRAPH.
  C.  (1) NO LATER THAN JULY FIRST, TWO THOUSAND THIRTEEN, THE AUTHORITY
SHALL SUBMIT TO THE GOVERNOR, SPEAKER OF THE ASSEMBLY, TEMPORARY  PRESI-
DENT OF THE SENATE, AND CHAIRS OF THE SENATE AND ASSEMBLY ENERGY COMMIT-
TEES,  AND  SHALL  POST  ON  ITS WEBSITE, A SOLAR SOLICITATION PLAN THAT
SHALL INCLUDE A TIMETABLE AND METHODOLOGY FOR SOLICITING  PROPOSALS  FOR
SRECS ASSOCIATED WITH QUALIFIED SOLAR ENERGY GENERATION OTHER THAN SMALL
RETAIL  DISTRIBUTED SOLAR ENERGY GENERATION, FOR THE PURPOSE OF FULFILL-
ING ITS OBLIGATIONS ESTABLISHED IN PARAGRAPH B OF THIS SUBDIVISION.  THE
AUTHORITY'S SOLAR SOLICITATION PLAN SHALL BE DESIGNED TO FOSTER A DIVER-
SITY OF SOLAR PROJECT SIZES AND PARTICIPATION AMONG ALL ELIGIBLE CUSTOM-
ER CLASSES SUBJECT TO COST-EFFECTIVENESS CONSIDERATIONS.  THE  AUTHORITY
SHALL  ESTABLISH  A SEPARATE SOLICITATION PROCESS FOR THE PROCUREMENT OF
SRECS  ASSOCIATED  WITH  RETAIL  DISTRIBUTED  SOLAR  ENERGY   GENERATION
PRODUCED  BY  EQUIPMENT  THAT IS BETWEEN FIFTY-ONE AND TWO HUNDRED FIFTY
KILOWATTS IN SIZE.  RETAIL DISTRIBUTED SOLAR  ENERGY  GENERATION  WITHIN
THIS  SIZE  RANGE SHALL BE ELIGIBLE TO RECEIVE A SREC OFFER PRICE EQUIV-
ALENT TO THE WEIGHTED AVERAGE ACCEPTED  BID  PRICE  IN  THE  AUTHORITY'S
CONCURRENT  SOLICITATION  FOR RETAIL DISTRIBUTED SOLAR ENERGY GENERATION
SYSTEMS GREATER THAN TWO HUNDRED FIFTY KILOWATTS IN SIZE, PLUS AN  ADDI-
TIONAL  INCENTIVE  OF  UP  TO  TEN  PER CENT AS MAY BE DETERMINED BY THE
AUTHORITY TO ACCOUNT FOR COST DIFFERENCES BETWEEN THESE MARKET SEGMENTS.
THE SREC OFFER PRICE SHALL CONTINUE TO BE AVAILABLE UNTIL THE SOONER OF:
(I) THE ACCEPTANCE BY  THE  AUTHORITY  OF  RESERVATIONS  FROM  QUALIFIED
RETAIL  DISTRIBUTED SOLAR ENERGY GENERATION FOR AVAILABLE STANDARD OFFER
SRECS; OR (II) THE AUTHORITY'S COMPLETION OF ITS NEXT  ANNUAL  SOLICITA-
TION.
  (2) THE AUTHORITY SHALL EXECUTE ITS SOLICITATION PLAN AND SHALL SUBMIT
TO  THE COMPTROLLER, GOVERNOR, SPEAKER OF THE ASSEMBLY, TEMPORARY PRESI-
DENT OF THE SENATE, AND CHAIRS OF THE SENATE AND ASSEMBLY ENERGY COMMIT-
TEES, AND  SHALL  POST  ON  ITS  WEBSITE,  ITS  SOLAR  PROCUREMENT  PLAN
COMPRISED  OF  ANY  SOLAR  PURCHASE AGREEMENTS FOR SRECS ASSOCIATED WITH
QUALIFIED SOLAR ENERGY GENERATION OTHER THAN  SMALL  RETAIL  DISTRIBUTED
SOLAR  ENERGY  GENERATION.  THE  COMPTROLLER  SHALL  REVIEW SUCH PLAN TO
ASSESS WHETHER IT IS THE RESULT OF A FAIR, OPEN, COMPETITIVE AND  TRANS-
PARENT  PROCESS  AND SHALL REPORT TO THE GOVERNOR, SPEAKER OF THE ASSEM-
BLY, TEMPORARY PRESIDENT OF THE SENATE, AND CHAIRS  OF  THE  SENATE  AND
ASSEMBLY ENERGY COMMITTEES REGARDING THE RESULTS OF SUCH ASSESSMENT.
  (3)  NO  LATER  THAN  JULY FIRST, TWO THOUSAND THIRTEEN, THE AUTHORITY
SHALL SUBMIT TO THE GOVERNOR, SPEAKER OF THE ASSEMBLY, TEMPORARY  PRESI-
DENT OF THE SENATE, AND CHAIRS OF THE SENATE AND ASSEMBLY ENERGY COMMIT-
TEES,  AND  SHALL POST ON ITS WEBSITE, A PLAN FOR THE ACHIEVEMENT OF ITS
OBLIGATION PERTAINING TO THE PROCUREMENT OF SRECS ASSOCIATED WITH  SMALL

A. 9149                            11

RETAIL DISTRIBUTED SOLAR ENERGY GENERATION ESTABLISHED IN PARAGRAPH B OF
THIS SUBDIVISION.
  (4)  THE  AUTHORITY'S  SREC  PROCUREMENT  SHALL BE CONSISTENT WITH THE
SEGMENT-SPECIFIC PERCENTAGES PROVIDED IN THE PLANS SUBMITTED PURSUANT TO
SUBPARAGRAPHS ONE AND THREE OF THIS PARAGRAPH. IF, HOWEVER, ON THE BASIS
OF THE ACTUAL SOLICITATION RESULTS, THE COLLECTIVE ANNUAL  COST  ASSOCI-
ATED  WITH SUCH PROCUREMENT WOULD EXCEED ONE AND ONE-HALF PERCENT OF THE
AUTHORITY'S ANNUAL RETAIL  ELECTRICITY  SALES  REVENUES,  THE  AUTHORITY
SHALL HAVE THE OPTION OF SUBSTITUTING, BY UP TO TWENTY-FIVE PERCENT, THE
NUMBER  OF  SRECS  PROCURED  FROM  THE  HIGHEST  COST SEGMENT WITH SRECS
PROCURED FROM QUALIFIED SOLAR ENERGY GENERATION OF ANY SIZE.
  D. (1) IF THE AUTHORITY DETERMINES THAT ITS  ANNUAL  EXPENDITURES  FOR
THE  PROCUREMENT  OF  SRECS, MADE FOR THE PURPOSES OF MEETING THE ANNUAL
REQUIREMENT SET FORTH IN SUBPARAGRAPH ONE OF PARAGRAPH B OF THIS  SUBDI-
VISION  FOR  A  COMPLIANCE YEAR, EXCEEDS ONE AND ONE-HALF PERCENT OF ITS
ANNUAL RETAIL ELECTRICITY REVENUES FOR SUCH COMPLIANCE  YEAR,  THEN  THE
ANNUAL REQUIREMENT FOR THE COMPLIANCE YEAR FOR WHICH THE AUTHORITY MAKES
ITS DETERMINATION SHALL CONTINUE TO BE THE ANNUAL REQUIREMENT APPLICABLE
IN  EACH  SUBSEQUENT  COMPLIANCE  YEAR  UNTIL  THIS  LIMITATION  ENDS AS
PROVIDED IN SUBPARAGRAPH TWO OF THIS PARAGRAPH.
  (2) IF THE LIMITATION PROVIDED FOR IN SUBPARAGRAPH ONE OF  THIS  PARA-
GRAPH  IS  TRIGGERED, IT SHALL END UPON A DETERMINATION BY THE AUTHORITY
THAT ITS ANNUAL EXPENDITURE FOR THE PROCUREMENT OF SRECS  MADE  FOR  THE
PURPOSES OF MEETING ITS ANNUAL REQUIREMENT FOR A COMPLIANCE YEAR DID NOT
EXCEED  ONE AND ONE-HALF PERCENT OF ITS ANNUAL RETAIL ELECTRICITY REVEN-
UES FOR SUCH  COMPLIANCE  YEAR.  FOR  THE  COMPLIANCE  YEAR  IMMEDIATELY
FOLLOWING  THE  END  OF  THE  LIMITATION PURSUANT TO THIS PARAGRAPH, THE
APPLICABLE ANNUAL REQUIREMENT SHALL BE  THE  REQUIREMENT  SET  FORTH  IN
SUBPARAGRAPH  ONE  OF PARAGRAPH B OF THIS SUBDIVISION FOR THE COMPLIANCE
YEAR IMMEDIATELY FOLLOWING THE COMPLIANCE YEAR FOR WHICH THE  LIMITATION
IN SUBPARAGRAPH ONE OF THIS PARAGRAPH WAS TRIGGERED. THE ANNUAL REQUIRE-
MENT  SHALL  CONTINUE  TO  INCREASE  IN  THE  INCREMENTS PROVIDED FOR IN
SUBPARAGRAPH ONE OF PARAGRAPH B OF THIS SUBDIVISION FOR EACH  SUBSEQUENT
YEAR  UNTIL  THE  ANNUAL REQUIREMENT REACHES THE PERCENTAGE SET FORTH IN
SUCH SUBPARAGRAPH FOR COMPLIANCE YEAR TWO THOUSAND TWENTY-SIX.
  E. (1) NO LATER THAN JULY FIRST, TWO THOUSAND FIFTEEN,  AND  NO  LATER
THAN  JULY  FIRST  OF EACH YEAR THEREAFTER THROUGH THE YEAR TWO THOUSAND
TWENTY-SEVEN, THE AUTHORITY SHALL REPORT TO THE GOVERNOR, SPEAKER OF THE
ASSEMBLY, TEMPORARY PRESIDENT OF THE SENATE, AND CHAIRS  OF  THE  SENATE
AND  ASSEMBLY ENERGY COMMITTEES, AND SHALL POST ON ITS WEBSITE, A REPORT
REGARDING ITS PROGRESS IN MEETING ITS OBLIGATIONS ESTABLISHED  IN  PARA-
GRAPH B OF THIS SUBDIVISION.
  (2)  EACH  REPORT  THAT  SHALL BE SUBMITTED PURSUANT TO THIS PARAGRAPH
SHALL INCLUDE, BUT NOT BE LIMITED TO, FOR THE PREVIOUS CALENDAR YEAR AND
FOR THE TOTAL OF ALL CALENDAR YEARS TO DATE: (I)  THE  NUMBER  OF  SRECS
ASSOCIATED  WITH  QUALIFIED  SOLAR  ENERGY  GENERATION  RETIRED  FOR THE
PURPOSES OF MEETING THE AUTHORITY'S OBLIGATIONS ESTABLISHED IN PARAGRAPH
B OF THIS SUBDIVISION; (II) THE NUMBER OF  SUCH  SRECS  EACH  ASSOCIATED
WITH  SMALL  RETAIL DISTRIBUTED SOLAR ENERGY GENERATION, RETAIL DISTRIB-
UTED SOLAR ENERGY GENERATION  PRODUCED  BY  EQUIPMENT  THAT  IS  BETWEEN
FIFTY-ONE AND TWO HUNDRED FIFTY KILOWATTS IN SIZE AND RETAIL DISTRIBUTED
SOLAR  ENERGY  GENERATION  PRODUCED  BY  EQUIPMENT OF ANY SIZE THAT WERE
PROCURED; (III) THE NUMBER OF SUCH SRECS PROCURED THROUGH SOLAR PURCHASE
AGREEMENTS; AND (IV) THE ANNUAL RETAIL  ELECTRICITY  SALES  REVENUE  AND
EXPENDITURES  MADE FOR THE PROCUREMENT OF SRECS FOR THE PURPOSE OF MEET-

A. 9149                            12

ING THE APPLICABLE ANNUAL REQUIREMENT, PROVIDED  THAT  SUCH  INFORMATION
NEED ONLY BE REPORTED FOR THE PREVIOUS CALENDAR YEAR.
  F.  EVERY CONTRACTOR EMPLOYED PURSUANT TO THIS SUBDIVISION, NOT OTHER-
WISE REQUIRED TO PAY LABORERS, WORKERS OR MECHANICS THE PREVAILING  RATE
OF  WAGES  PURSUANT  TO  ARTICLE  EIGHT  OF  THE LABOR LAW, SHALL PAY AN
EMPLOYEE UNDER CONTRACT FOR THE INSTALLATION OF QUALIFIED  SOLAR  ENERGY
GENERATION EQUIPMENT RATED AT TWO HUNDRED FIFTY KILOWATTS OR MORE A WAGE
OF  NOT  LESS  THAN  THE  PREVAILING  RATE OF WAGES FOR SUCH WORK IN THE
LOCALITY WHERE SUCH INSTALLATION OCCURS. THIS REQUIREMENT  SHALL  BE  IN
EFFECT  FOR  THE  DURATION  OF  THE AVAILABILITY OF THE INCENTIVE STREAM
ESTABLISHED PURSUANT TO THIS SUBDIVISION AND  IN  NO  EVENT  SHALL  SUCH
REQUIREMENT  EXTEND  BEYOND  THE  AVAILABILITY OF SUCH INCENTIVE STREAM.
EVERY CONTRACTOR SUBJECT TO THE PROVISIONS OF THIS PARAGRAPH SHALL MAIN-
TAIN PAYROLL RECORDS IN ACCORDANCE WITH SECTION TWO  HUNDRED  TWENTY  OF
THE LABOR LAW.
  S  5. Sections 1020-ii, 1020-jj  and 1020-kk of the public authorities
law, as renumbered by chapter 388 of the laws of  2011,  are  renumbered
sections 1020-jj, 1020-kk and 1020-ll and a new section 1020-ii is added
to read as follows:
  S  1020-II. PROCUREMENT OF SOLAR RENEWABLE ENERGY CREDITS. 1.  AS USED
IN THIS SECTION:
  (A) "BUILDING INTEGRATED PHOTOVOLTAIC EQUIPMENT" MEANS A  PHOTOVOLTAIC
DEVICE  THAT  DIRECTLY FUNCTIONS AS A PART OF THE ENVELOPE OF A BUILDING
INCLUDING INTEGRATED ROOF COVER, FACADE  OR  BUILDING  CLADDING,  GLAZED
SURFACES, SOLAR SHADING DEVICES, CANOPIES AND SKYLIGHTS;
  (B)  "PHOTOVOLTAIC DEVICE" MEANS A SYSTEM OF COMPONENTS THAT GENERATES
ELECTRICITY FROM  INCIDENTAL  SUNLIGHT  BY  MEANS  OF  THE  PHOTOVOLTAIC
EFFECT,  WHETHER  OR  NOT THE DEVICE IS COUPLED WITH A DEVICE CAPABLE OF
STORING THE ENERGY PRODUCED FOR LATER USE;
  (C) "PREVAILING RATE OF WAGES" SHALL HAVE THE  SAME  MEANING  AS  SUCH
TERM  IS  DEFINED  IN  PARAGRAPH  A  OF  SUBDIVISION FIVE OF SECTION TWO
HUNDRED TWENTY OF THE LABOR LAW;
  (D) "QUALIFIED SOLAR ENERGY  GENERATION"  MEANS  POWER  GENERATED  (I)
WITHIN  FIFTEEN  YEARS  OF THE DATE THE QUALIFIED SOLAR ENERGY GENERATOR
RECEIVED PERMISSION FROM THE ELECTRIC DISTRIBUTION COMPANY TO  ENERGIZE;
(II)  BY  A  PHOTOVOLTAIC  DEVICE  THAT IS CONNECTED TO THE DISTRIBUTION
SYSTEM OR AREA SUBSTATIONS AND ASSOCIATED FACILITIES THAT  COMPRISE  THE
LOCAL AREA NETWORK OF AN ELECTRIC DISTRIBUTION COMPANY SERVING THE STATE
AFTER JANUARY FIRST, TWO THOUSAND ELEVEN;
  (E)  "QUALIFIED SOLAR ENERGY GENERATOR" MEANS THE OWNER OF A PHOTOVOL-
TAIC DEVICE OR DEVICES THAT PRODUCES QUALIFIED SOLAR ENERGY GENERATION;
  (F) "RETAIL DISTRIBUTED SOLAR ENERGY GENERATION" MEANS QUALIFIED SOLAR
ENERGY GENERATION PRODUCED BY A PHOTOVOLTAIC DEVICE  THAT  IS  INTERCON-
NECTED  TO  THE DISTRIBUTION SYSTEM ON THE CUSTOMER SIDE OF THE ELECTRIC
DISTRIBUTION COMPANY METER;
  (G) "SMALL RETAIL DISTRIBUTED SOLAR ENERGY  GENERATION"  MEANS  RETAIL
DISTRIBUTED  SOLAR  ENERGY  GENERATION PRODUCED BY A PHOTOVOLTAIC DEVICE
THAT IS EQUAL TO OR LESS THAN FIFTY KILOWATTS IN SIZE;
  (H) "SOLAR PURCHASE AGREEMENT" MEANS AN AGREEMENT, FOR  A  MINIMUM  OF
FIFTEEN  YEARS,  FOR THE PURCHASE OF SRECS FROM A QUALIFIED SOLAR ENERGY
GENERATOR; AND
  (I) "SOLAR RENEWABLE ENERGY CREDIT" OR "SREC" MEANS THE  ENVIRONMENTAL
ATTRIBUTES  ASSOCIATED  WITH ONE MEGAWATT-HOUR OF QUALIFIED SOLAR ENERGY
GENERATION.

A. 9149                            13

  2. (A) THE AUTHORITY SHALL ANNUALLY PROCURE, AT MINIMUM, SRECS TO MEET
THE FOLLOWING PERCENTAGES OF THE AUTHORITY'S  TOTAL  ELECTRIC  SALES  IN
EACH COMPLIANCE YEAR:
COMPLIANCE            ANNUAL
  YEAR              REQUIREMENT
  2014                0.33%
  2015                0.50%
  2016                0.75%
  2017                1.00%
  2018                1.25%
  2019                1.50%
  2020                1.75%
  2021                2.00%
  2022                2.30%
  2023                2.60%
  2024                2.90%
  2025                3.20%
  2026                3.50%
  (B)  AT  LEAST  TWENTY PERCENT OF THE ANNUAL OBLIGATION ESTABLISHED IN
THIS SUBDIVISION SHALL BE MET THROUGH THE PROCUREMENT OF  SRECS  ASSOCI-
ATED WITH SMALL RETAIL DISTRIBUTED SOLAR ENERGY GENERATION; AND AT LEAST
AN  ADDITIONAL  THIRTY  PERCENT  OF THE ANNUAL OBLIGATION ESTABLISHED IN
THIS SUBDIVISION SHALL BE MET THROUGH THE PROCUREMENT OF  SRECS  ASSOCI-
ATED  WITH RETAIL DISTRIBUTED SOLAR ENERGY GENERATION PRODUCED BY EQUIP-
MENT OF ANY SIZE.
  (C) OBLIGATIONS FOR THE PROCUREMENT OF SRECS ASSOCIATED WITH QUALIFIED
SOLAR ENERGY GENERATION SHALL CONTINUE UNTIL ALL EXISTING SOLAR PURCHASE
AGREEMENTS HAVE EXPIRED.
  (D) THE AUTHORITY MAY MEET ITS OBLIGATIONS ESTABLISHED IN THIS  SUBDI-
VISION  THROUGH  THE PROCUREMENT OF SRECS TOGETHER WITH OR SEPARATE FROM
THE ASSOCIATED QUALIFIED SOLAR ENERGY GENERATION.
  3. (A) NO LATER THAN JULY FIRST, TWO THOUSAND THIRTEEN, THE  AUTHORITY
SHALL  SUBMIT TO THE GOVERNOR, SPEAKER OF THE ASSEMBLY, TEMPORARY PRESI-
DENT OF THE SENATE, AND CHAIRS OF THE SENATE AND ASSEMBLY ENERGY COMMIT-
TEES, AND SHALL POST ON ITS WEBSITE,  A  SOLAR  SOLICITATION  PLAN  THAT
SHALL  INCLUDE  A TIMETABLE AND METHODOLOGY FOR SOLICITING PROPOSALS FOR
SRECS ASSOCIATED WITH QUALIFIED SOLAR ENERGY GENERATION OTHER THAN SMALL
RETAIL DISTRIBUTED SOLAR ENERGY GENERATION, FOR THE PURPOSE OF  FULFILL-
ING ITS OBLIGATIONS ESTABLISHED IN SUBDIVISION TWO OF THIS SECTION.  THE
AUTHORITY'S SOLAR SOLICITATION PLAN SHALL BE DESIGNED TO FOSTER A DIVER-
SITY OF SOLAR PROJECT SIZES AND PARTICIPATION AMONG ALL ELIGIBLE CUSTOM-
ER  CLASSES SUBJECT TO COST-EFFECTIVENESS CONSIDERATIONS.  THE AUTHORITY
SHALL ESTABLISH A SEPARATE SOLICITATION PROCESS FOR THE  PROCUREMENT  OF
SRECS   ASSOCIATED  WITH  RETAIL  DISTRIBUTED  SOLAR  ENERGY  GENERATION
PRODUCED BY EQUIPMENT THAT IS BETWEEN FIFTY-ONE AND  TWO  HUNDRED  FIFTY
KILOWATTS  IN  SIZE.   RETAIL DISTRIBUTED SOLAR ENERGY GENERATION WITHIN
THIS SIZE RANGE SHALL BE ELIGIBLE TO RECEIVE A SREC OFFER  PRICE  EQUIV-
ALENT  TO  THE  WEIGHTED  AVERAGE  ACCEPTED BID PRICE IN THE AUTHORITY'S
CONCURRENT SOLICITATION FOR RETAIL DISTRIBUTED SOLAR  ENERGY  GENERATION
SYSTEMS  GREATER THAN TWO HUNDRED FIFTY KILOWATTS IN SIZE, PLUS AN ADDI-
TIONAL INCENTIVE OF UP TO TEN PER CENT  AS  MAY  BE  DETERMINED  BY  THE
AUTHORITY,   TO  ACCOUNT  FOR  COST  DIFFERENCES  BETWEEN  THESE  MARKET
SEGMENTS. THE SREC OFFER PRICE SHALL CONTINUE TO BE AVAILABLE UNTIL  THE
SOONER  OF:  (I)  THE ACCEPTANCE BY THE ELECTRIC DISTRIBUTION COMPANY OF
RESERVATIONS FROM QUALIFIED RETAIL DISTRIBUTED SOLAR  ENERGY  GENERATION

A. 9149                            14

FOR  AVAILABLE  STANDARD  OFFER SRECS; OR (II) THE ELECTRIC DISTRIBUTION
COMPANY'S COMPLETION OF ITS NEXT ANNUAL SOLICITATION.
  (B) THE AUTHORITY SHALL EXECUTE ITS SOLICITATION PLAN AND SHALL SUBMIT
TO  THE COMPTROLLER, GOVERNOR, SPEAKER OF THE ASSEMBLY, TEMPORARY PRESI-
DENT OF THE SENATE, AND CHAIRS OF THE SENATE AND ASSEMBLY ENERGY COMMIT-
TEES, AND  SHALL  POST  ON  ITS  WEBSITE,  ITS  SOLAR  PROCUREMENT  PLAN
COMPRISED  OF  ANY  SOLAR  PURCHASE AGREEMENTS FOR SRECS ASSOCIATED WITH
QUALIFIED SOLAR ENERGY GENERATION OTHER THAN  SMALL  RETAIL  DISTRIBUTED
SOLAR  ENERGY  GENERATION.  THE  COMPTROLLER  SHALL  REVIEW SUCH PLAN TO
ASSESS WHETHER IT IS THE RESULT OF A FAIR, OPEN, COMPETITIVE AND  TRANS-
PARENT  PROCESS  AND SHALL REPORT TO THE GOVERNOR, SPEAKER OF THE ASSEM-
BLY, TEMPORARY PRESIDENT OF THE SENATE, AND CHAIRS  OF  THE  SENATE  AND
ASSEMBLY ENERGY COMMITTEES REGARDING THE RESULTS OF SUCH ASSESSMENT.
  (C)  NO  LATER  THAN  JULY FIRST, TWO THOUSAND THIRTEEN, THE AUTHORITY
SHALL SUBMIT TO THE GOVERNOR, SPEAKER OF THE ASSEMBLY, TEMPORARY  PRESI-
DENT OF THE SENATE, AND CHAIRS OF THE SENATE AND ASSEMBLY ENERGY COMMIT-
TEES,  AND  SHALL POST ON ITS WEBSITE, A PLAN FOR THE ACHIEVEMENT OF ITS
OBLIGATION PERTAINING TO THE PROCUREMENT OF SRECS ASSOCIATED WITH  SMALL
RETAIL  DISTRIBUTED  SOLAR  ENERGY GENERATION ESTABLISHED IN SUBDIVISION
TWO OF THIS SECTION.
  (D) THE AUTHORITY'S SREC PROCUREMENT  SHALL  BE  CONSISTENT  WITH  THE
SEGMENT-SPECIFIC PERCENTAGES PROVIDED IN THE PLANS SUBMITTED PURSUANT TO
PARAGRAPHS (A) AND (C) OF THIS SUBDIVISION. IF, HOWEVER, ON THE BASIS OF
THE  ACTUAL  SOLICITATION RESULTS, THE COLLECTIVE ANNUAL COST ASSOCIATED
WITH SUCH PROCUREMENT WOULD EXCEED  ONE  AND  ONE-HALF  PERCENT  OF  THE
AUTHORITY'S  ANNUAL  RETAIL  ELECTRICITY  SALES  REVENUES, THE AUTHORITY
SHALL HAVE THE OPTION OF SUBSTITUTING, BY UP TO TWENTY-FIVE PERCENT, THE
NUMBER OF SRECS PROCURED  FROM  THE  HIGHEST  COST  SEGMENT  WITH  SRECS
PROCURED FROM QUALIFIED SOLAR ENERGY GENERATION OF ANY SIZE.
  4.  NO  LATER THAN JANUARY FIRST, TWO THOUSAND THIRTEEN, THE AUTHORITY
SHALL ESTABLISH A TARIFF THAT IT SHALL PAY TO APPLICABLE QUALIFIED SOLAR
ENERGY GENERATORS WITH WHICH THE AUTHORITY ENTERS  INTO  SOLAR  PURCHASE
AGREEMENTS  FOR  THE  PROCUREMENT  OF SRECS ASSOCIATED WITH SMALL RETAIL
DISTRIBUTED SOLAR ENERGY GENERATION FOR THE  PURPOSE  OF  ACHIEVING  THE
AUTHORITY'S  OBLIGATIONS PERTAINING TO SRECS ASSOCIATED WITH SUCH GENER-
ATION ESTABLISHED IN SUBDIVISION TWO  OF  THIS  SECTION.  THE  AUTHORITY
SHALL CONSIDER COST DIFFERENCES BETWEEN VARIOUS MARKET SEGMENTS, INCLUD-
ING  RESIDENTIAL,  COMMERCIAL AND NOT-FOR-PROFIT, AND APPLICATIONS, SUCH
AS BUILDING  INTEGRATED  PHOTOVOLTAIC  EQUIPMENT,  AND  SHALL  DETERMINE
WHETHER  SUCH COST DIFFERENCES ARE MATERIAL SUCH THAT MARKET OR APPLICA-
TION SPECIFIC TARIFFS ARE WARRANTED.   THE  AUTHORITY  SHALL,  AT  LEAST
ANNUALLY,  REVIEW  SUCH  TARIFFS  AND ADJUST AS NECESSARY TO ACHIEVE ITS
OBLIGATIONS PERTAINING TO SRECS ASSOCIATED WITH SMALL RETAIL DISTRIBUTED
SOLAR ENERGY GENERATION ESTABLISHED IN SUBDIVISION TWO OF THIS  SECTION.
THE  AUTHORITY  MAY  INSTITUTE,  AFTER NOTICE AND OPPORTUNITY FOR PUBLIC
INPUT, A MECHANISM THAT ALLOWS FOR ADJUSTMENT TO THE TARIFF  RATE  BASED
ON  THE  LEVEL  OF  THE AUTHORITY'S PROCUREMENT OF SRECS RELATIVE TO ITS
ANNUAL TARGETS FOR SMALL RETAIL DISTRIBUTED SOLAR ENERGY GENERATION. ANY
SUCH ADJUSTMENTS SHALL BE APPLIED PROSPECTIVELY, AND  SHALL  NOT  AFFECT
THE  TARIFF  RATE  OF  SMALL RETAIL DISTRIBUTED SOLAR GENERATION ALREADY
ENROLLED.
  5. (A) IF THE AUTHORITY DETERMINES THAT ITS  ANNUAL  EXPENDITURES  FOR
THE  PROCUREMENT  OF  SRECS, MADE FOR THE PURPOSES OF MEETING THE ANNUAL
REQUIREMENT SET FORTH IN  PARAGRAPH  (A)  OF  SUBDIVISION  TWO  OF  THIS
SECTION  FOR  A COMPLIANCE YEAR, EXCEEDS ONE AND ONE-HALF PERCENT OF ITS
ANNUAL RETAIL ELECTRICITY REVENUES FOR SUCH COMPLIANCE  YEAR,  THEN  THE

A. 9149                            15

ANNUAL REQUIREMENT FOR THE COMPLIANCE YEAR FOR WHICH THE AUTHORITY MAKES
ITS DETERMINATION SHALL CONTINUE TO BE THE ANNUAL REQUIREMENT APPLICABLE
IN  EACH  SUBSEQUENT  COMPLIANCE  YEAR  UNTIL  THIS  LIMITATION  ENDS AS
PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION.
  (B)  IF  THE LIMITATION PROVIDED FOR IN PARAGRAPH (A) OF THIS SUBDIVI-
SION IS TRIGGERED, IT SHALL END UPON A DETERMINATION  BY  THE  AUTHORITY
THAT  ITS  ANNUAL  EXPENDITURE FOR THE PROCUREMENT OF SRECS MADE FOR THE
PURPOSES OF MEETING ITS ANNUAL REQUIREMENT FOR A COMPLIANCE YEAR DID NOT
EXCEED ONE AND ONE-HALF PERCENT OF ITS ANNUAL RETAIL ELECTRICITY  REVEN-
UES  FOR  SUCH  COMPLIANCE  YEAR.  FOR  THE  COMPLIANCE YEAR IMMEDIATELY
FOLLOWING THE END OF THE LIMITATION  PURSUANT  TO  THIS  PARAGRAPH,  THE
APPLICABLE  ANNUAL  REQUIREMENT  SHALL  BE  THE REQUIREMENT SET FORTH IN
PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION FOR THE COMPLIANCE YEAR
IMMEDIATELY FOLLOWING THE COMPLIANCE YEAR FOR WHICH  THE  LIMITATION  IN
PARAGRAPH  (A) OF THIS SUBDIVISION WAS TRIGGERED. THE ANNUAL REQUIREMENT
SHALL CONTINUE TO INCREASE IN THE INCREMENTS PROVIDED FOR  IN  PARAGRAPH
(A)  OF  SUBDIVISION  TWO OF THIS SECTION FOR EACH SUBSEQUENT YEAR UNTIL
THE ANNUAL REQUIREMENT REACHES THE PERCENTAGE SET FORTH  IN  SUCH  PARA-
GRAPH FOR COMPLIANCE YEAR TWO THOUSAND TWENTY-SIX.
  6.  (A)  NO  LATER THAN JULY FIRST, TWO THOUSAND FIFTEEN, AND NO LATER
THAN JULY FIRST OF EACH YEAR THEREAFTER THROUGH THE  YEAR  TWO  THOUSAND
TWENTY-SEVEN, THE AUTHORITY SHALL REPORT TO THE GOVERNOR, SPEAKER OF THE
ASSEMBLY,  TEMPORARY  PRESIDENT  OF THE SENATE, AND CHAIRS OF THE SENATE
AND ASSEMBLY ENERGY COMMITTEES, AND SHALL POST ON ITS WEBSITE, A  REPORT
REGARDING  ITS PROGRESS IN MEETING ITS OBLIGATIONS ESTABLISHED IN SUBDI-
VISION TWO OF THIS SECTION.
  (B) EACH REPORT THAT SHALL BE SUBMITTED PURSUANT TO  THIS  SUBDIVISION
SHALL INCLUDE, BUT NOT BE LIMITED TO, FOR THE PREVIOUS CALENDAR YEAR AND
FOR  THE  TOTAL  OF  ALL CALENDAR YEARS TO DATE: (I) THE NUMBER OF SRECS
ASSOCIATED WITH  QUALIFIED  SOLAR  ENERGY  GENERATION  RETIRED  FOR  THE
PURPOSES  OF MEETING THE AUTHORITY'S OBLIGATIONS ESTABLISHED IN SUBDIVI-
SION TWO OF THIS SECTION; (II) THE NUMBER OF SUCH SRECS EACH  ASSOCIATED
WITH  SMALL  RETAIL DISTRIBUTED SOLAR ENERGY GENERATION, RETAIL DISTRIB-
UTED SOLAR ENERGY GENERATION  PRODUCED  BY  EQUIPMENT  THAT  IS  BETWEEN
FIFTY-ONE AND TWO HUNDRED FIFTY KILOWATTS IN SIZE AND RETAIL DISTRIBUTED
SOLAR  ENERGY  GENERATION  PRODUCED  BY  EQUIPMENT OF ANY SIZE THAT WERE
PROCURED; (III) THE NUMBER OF SUCH SRECS PROCURED THROUGH SOLAR PURCHASE
AGREEMENTS; (IV) THE AMOUNT PAID TO QUALIFIED  SOLAR  ENERGY  GENERATORS
FOR  SRECS  ASSOCIATED WITH SMALL RETAIL DISTRIBUTED SOLAR ENERGY GENER-
ATION THROUGH THE TARIFFS ESTABLISHED PURSUANT TO  SUBDIVISION  FOUR  OF
THIS  SECTION;  AND  (V) THE ANNUAL RETAIL ELECTRICITY SALES REVENUE AND
EXPENDITURES MADE FOR THE PROCUREMENT OF SRECS FOR THE PURPOSE OF  MEET-
ING  THE  APPLICABLE  ANNUAL REQUIREMENT, PROVIDED THAT SUCH INFORMATION
NEED ONLY BE REPORTED FOR THE PREVIOUS CALENDAR YEAR.
  7. EVERY CONTRACTOR EMPLOYED PURSUANT TO THIS SECTION,  NOT  OTHERWISE
REQUIRED  TO  PAY  LABORERS, WORKERS OR MECHANICS THE PREVAILING RATE OF
WAGES PURSUANT TO ARTICLE EIGHT OF THE LABOR LAW, SHALL PAY AN  EMPLOYEE
UNDER CONTRACT FOR THE INSTALLATION OF QUALIFIED SOLAR ENERGY GENERATION
EQUIPMENT  RATED  AT  TWO  HUNDRED FIFTY KILOWATTS OR MORE A WAGE OF NOT
LESS THAN THE PREVAILING RATE OF WAGES FOR SUCH  WORK  IN  THE  LOCALITY
WHERE  SUCH INSTALLATION OCCURS. THIS REQUIREMENT SHALL BE IN EFFECT FOR
THE DURATION OF THE AVAILABILITY OF  THE  INCENTIVE  STREAM  ESTABLISHED
PURSUANT  TO  THIS SECTION AND IN NO EVENT SHALL SUCH REQUIREMENT EXTEND
BEYOND THE AVAILABILITY OF SUCH  INCENTIVE  STREAM.    EVERY  CONTRACTOR
SUBJECT  TO  THE  PROVISIONS  OF THIS SUBDIVISION SHALL MAINTAIN PAYROLL
RECORDS IN ACCORDANCE WITH SECTION TWO HUNDRED TWENTY OF THE LABOR LAW.

A. 9149                            16

  S 6. Section 1854 of the public authorities law is amended by adding a
new subdivision 19 to read as follows:
  19.  TO  IMPLEMENT THE PROVISIONS OF PARAGRAPH (F) OF SUBDIVISION TWO,
PARAGRAPH (C) OF SUBDIVISION THREE  AND  SUBDIVISION  SEVEN  OF  SECTION
SIXTY-SIX-N OF THE PUBLIC SERVICE LAW.
  S  7. If any provision of this act is, for any reason, declared uncon-
stitutional or invalid, in whole or in part, by any court  of  competent
jurisdiction, such portion shall be deemed severable, and such unconsti-
tutionality or invalidity shall not affect the validity of the remaining
provisions  of  this  act,  which remaining provisions shall continue in
full force and effect.
  S 8. This act shall take effect immediately.

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2011-A9149A (ACTIVE) - Details

Current Committee:: Assembly Ways And Means
Law Section:: Public Service Law
Laws Affected:: Add §66-n, Pub Serv L; amd §1005, ren §§1020-ii - 1020-kk to be §§1020-jj - 1020-ll, add §1020-ii, Pub Auth L

2011-A9149A (ACTIVE) - Summary

2011-A9149A (ACTIVE) - Bill Text download pdf

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

                                 9149--A

                          I N  A S S E M B L Y

                            January 30, 2012
                               ___________

Introduced  by  M. of A. ENGLEBRIGHT, CAHILL, LENTOL, TITONE, STEVENSON,
  BRINDISI, CRESPO, CASTRO,  MAGNARELLI,  ZEBROWSKI,  SIMOTAS,  RABBITT,
  GRAF,  CASTELLI,  CALHOUN, ROSENTHAL, LIFTON, GUNTHER, DINOWITZ, BREN-
  NAN, COLTON, WEISENBERG, MAISEL, MOYA,  LUPARDO,  P. RIVERA,  SCHIMEL,
  ABINANTI, JAFFEE, RUSSELL, KAVANAGH, THIELE, MARKEY, BRONSON, LATIMER,
  ROBERTS,  LINARES,  GALEF,  BENEDETTO,  LAVINE,  PAULIN,  GOLDFEDER --
  Multi-Sponsored by -- M.  of A. ABBATE, BLANKENBUSH,  BOYLE,  BURLING,
  CERETTO,  CONTE,  CROUCH,  CURRAN,  CYMBROWITZ, DUPREY, GIBSON, GLICK,
  GOTTFRIED, HAWLEY, HEASTIE, JACOBS,  JORDAN,  P. LOPEZ,  MAGEE,  McDO-
  NOUGH,   McENENY,   McKEVITT,   MILLMAN,   MONTESANO,  MURRAY,  NOLAN,
  O'DONNELL, ORTIZ, RAIA, REILLY, SALADINO, SAYWARD, SIMANOWITZ, SMARDZ,
  SWEENEY, TENNEY, WRIGHT -- read once and referred to the Committee  on
  Ways  and  Means  --  reference  changed to the Committee on Energy --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to amend the public service law and the public authorities law,
  in relation to the creation of the New York solar industry development
  and jobs act of 2012

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

  Section  1.  Legislative  intent  and purpose. It is the intent of the
legislature to enable the rapid and sustainable development of a  robust
solar  power  industry  in  New York by creating a scalable, diverse and
competitive solar energy market.  By tapping into the  state's  abundant
solar  energy  resources, it is the further intent of the legislature to
harness the multiple benefits associated with  the  generation  of  such
clean  power,  including the significant creation of much needed jobs, a
reduction of the long-term  costs  of  electricity  generation  for  New
York's  energy  consumers, including transmission and distribution costs
that continue to accelerate in proportion to overall electricity  supply
costs  for  the  residents  of  this state, increased reliability of the
state's electric grid, reduced  peak  demand,  development  of  capacity
resources  in  capacity-constrained  areas,  alleviation of local trans-
mission and distribution constraints, and a decrease in the emission  of
harmful  air  pollution,  including  localized  and  other emissions. By
establishing a flexible and responsive program, New York will  create  a
predictable investment environment that avoids price volatility allowing

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08692-14-2

A. 9149--A                          2

for  a  solar  energy enterprise that will elevate the state to be among
the world's cutting edge clean energy industry leaders, while helping to
secure increased economic development for New Yorkers.
  S  2.  Short  title.   This act shall be known and may be cited as the
"New York solar industry development and jobs act of 2012".
  S 3. The public service law is amended by adding a new section 66-n to
read as follows:
  S 66-N.  ESTABLISHMENT OF SOLAR INCENTIVE PROGRAM. 1. AS USED IN  THIS
SECTION:
  (A)  "ELECTRIC  DISTRIBUTION  COMPANY" MEANS AN INVESTOR-OWNED UTILITY
THAT DISTRIBUTES ELECTRICITY WITHIN THIS STATE;
  (B) "PREVAILING RATE OF WAGES" SHALL HAVE THE  SAME  MEANING  AS  SUCH
TERM  IS  DEFINED  IN  PARAGRAPH  (A) OF SUBDIVISION FIVE OF SECTION TWO
HUNDRED TWENTY OF THE LABOR LAW; AND
  (C) "QUALIFIED SOLAR  PHOTOVOLTAIC  GENERATING  SYSTEM"  MEANS  (I)  A
SYSTEM OF COMPONENTS THAT GENERATES ELECTRICITY FROM INCIDENTAL SUNLIGHT
BY  MEANS  OF  THE  PHOTOVOLTAIC  EFFECT,  WHETHER  OR NOT THE DEVICE IS
COUPLED WITH A DEVICE CAPABLE OF STORING THE ENERGY PRODUCED  FOR  LATER
USE;  (II)  CONNECTED TO THE DISTRIBUTION SYSTEM OR AREA SUBSTATIONS AND
ASSOCIATED FACILITIES THAT COMPRISE THE LOCAL AREA NETWORK OF  AN  ELEC-
TRIC  DISTRIBUTION  COMPANY  SERVING  THE STATE AFTER JANUARY FIRST, TWO
THOUSAND ELEVEN.
  2. NO LATER THAN JANUARY FIRST, TWO THOUSAND THIRTEEN, THE  COMMISSION
SHALL  ESTABLISH  AN  INCENTIVE PROGRAM FOR THE DEVELOPMENT OF QUALIFIED
SOLAR PHOTOVOLTAIC GENERATING SYSTEMS.
  (A) THE PROGRAM SHALL ACHIEVE THE FOLLOWING MINIMUM CAPACITY LEVELS OF
QUALIFIED SOLAR PHOTOVOLTAIC GENERATION WITHIN THE AREAS SERVED  BY  THE
ELECTRIC DISTRIBUTION COMPANIES REGULATED BY THE COMMISSION:
  (I) 400 MEGAWATTS BY 2015; AND
  (II) 2,100 MEGAWATTS BY 2021.
  (B)  THE  MINIMUM CAPACITY LEVELS ESTABLISHED IN PARAGRAPH (A) OF THIS
SUBDIVISION SHALL BE ACHIEVED THROUGH ANNUAL PROPORTIONAL OBLIGATIONS ON
EACH ELECTRIC DISTRIBUTION COMPANY BASED ON TOTAL ANNUAL  KILOWATT-HOURS
DISTRIBUTED.
  (C)  THE  PROGRAM  ESTABLISHED  BY THE COMMISSION SHALL INCLUDE INCRE-
MENTAL ANNUAL CAPACITY TARGETS PURSUANT TO PARAGRAPH (A) OF THIS  SUBDI-
VISION  AND  SHALL ADDRESS (I) PROGRAM ADMINISTRATION AND DELIVERY; (II)
TARGET MARKETS AND ALLOCATION; (III)  INCENTIVE  STRUCTURES  THAT  SHALL
TAKE  INTO  CONSIDERATION THE VALUE SOLAR PHOTOVOLTAIC GENERATING SYSTEM
COMPONENTS PRODUCED WITHIN THE STATE; AND (IV) ANY OTHER  ISSUES  DEEMED
APPROPRIATE BY THE COMMISSION.
  (D)  THE  COMMISSION SHALL ORDER EACH ELECTRIC DISTRIBUTION COMPANY TO
FILE A PROGRAM PLAN BY  JUNE  FIRST,  TWO  THOUSAND  THIRTEEN,  FOR  THE
PURPOSE  OF  FULFILLING  ITS  OBLIGATIONS  ESTABLISHED  PURSUANT TO THIS
SUBDIVISION. THE COMMISSION SHALL APPROVE EACH SUCH PLAN, OR MAY  MODIFY
IT  AS IT DEEMS APPROPRIATE, IF THE COMMISSION FINDS THAT THE PLAN WOULD
RESULT  IN  ACHIEVEMENT  OF  THE  COMPANY'S  OBLIGATIONS,  PROMOTES  THE
SUSTAINED  AND  ORDERLY  DEVELOPMENT  OF  THE  STATEWIDE SOLAR INDUSTRY,
ENHANCES PROGRAM EFFICIENCY, AND MAXIMIZES RATEPAYER VALUE.  NOTHING  IN
THIS  SECTION  SHALL  BE CONSTRUED AS LIMITING THE ELECTRIC DISTRIBUTION
COMPANIES' ABILITY TO PROPOSE, OR THE COMMISSION'S ABILITY TO APPROVE, A
JOINT PROGRAM PLAN FOR ONE OR MORE ELECTRIC DISTRIBUTION COMPANIES.
  (E) THE PROGRAM ADOPTED  BY  THE  COMMISSION  AND  THE  PROGRAM  PLANS
SUBMITTED BY THE ELECTRIC DISTRIBUTION COMPANIES PURSUANT TO THIS SUBDI-
VISION  SHALL  BE  DESIGNED  TO ADDRESS BOTH WHOLESALE AND RETAIL MARKET
OPPORTUNITIES, FOSTER A DIVERSITY OF PROJECT SIZES, GEOGRAPHIC  DISTRIB-

A. 9149--A                          3

UTION, AND PARTICIPATION AMONG ALL ELIGIBLE CUSTOMER CLASSES, SUBJECT TO
COST-EFFECTIVENESS  CONSIDERATIONS;  AVOID LONG-TERM COSTS TO THE TRANS-
MISSION AND DISTRIBUTION  SYSTEM;  MINIMIZE  PEAK  LOAD  IN  CONSTRAINED
AREAS;  RECOVER THE COSTS IN A COMPETITIVELY NEUTRAL MANNER; AND ACHIEVE
ANY OTHER OBJECTIVES THE COMMISSION MAY ESTABLISH.  PREFERENCE SHALL  BE
GIVEN TO AN INCENTIVE STRUCTURE THAT: (I) COMPENSATES OWNERS OR DEVELOP-
ERS  OF  QUALIFIED SOLAR PHOTOVOLTAIC GENERATING SYSTEMS ON THE BASIS OF
ACTUAL PRODUCTION FROM SUCH SYSTEMS; AND (II) AWARDS INCENTIVES  ON  THE
BASIS  OF  REGULAR  AND  COMPETITIVE  PROCUREMENTS UNLESS THE COMMISSION
DETERMINES THAT AN ALTERNATIVE METHODOLOGY IS IN THE BEST  INTERESTS  OF
THE  ELECTRIC DISTRIBUTION COMPANIES' CUSTOMERS AND THE DEVELOPMENT OF A
COMPETITIVE AND SELF-SUSTAINING MARKET.
  (F) THE COMBINED TOTAL ANNUAL EXPENDITURES  BY  ELECTRIC  DISTRIBUTION
COMPANIES  FOR  SOLAR  PROCUREMENT  UNDERTAKEN  PURSUANT TO THIS SECTION
SHALL NOT EXCEED ONE AND ONE-HALF PERCENT OF  TOTAL  STATEWIDE  REVENUES
COLLECTED  BY  ALL  LOAD  SERVING  ENTITIES FOR THE SALE AND DELIVERY OF
ELECTRICITY AT RETAIL. IN THE EVENT THAT SUCH CAP WOULD BE EXCEEDED, THE
COMMISSION MAY LIMIT THE ANNUAL INCREASE IN REQUIRED SOLAR  CAPACITY  AS
ESTABLISHED  PURSUANT  TO  PARAGRAPH (B) OF THIS SUBDIVISION TO SUCH NEW
CAPACITY AS CAN BE PROCURED WITH TOTAL COSTS OF LESS THAN  THE  ONE  AND
ONE-HALF  PERCENT  CAP.  NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED AS
AUTHORIZING THE ABROGATION OF EXISTING CONTRACTS  OR  TARIFF  RATES,  AS
APPLICABLE,  PRIOR  TO THEIR TERMINATION DATE BY VIRTUE OF THE CAP BEING
TRIGGERED.
  3. NO LATER THAN JULY FIRST, TWO  THOUSAND  FOURTEEN,  AND  EVERY  TWO
YEARS  THEREAFTER,  THE COMMISSION SHALL, AFTER NOTICE AND PROVISION FOR
THE OPPORTUNITY TO COMMENT, ISSUE A COMPREHENSIVE REVIEW OF THE  PROGRAM
ESTABLISHED  PURSUANT  TO  THIS SECTION. THE COMMISSION SHALL DETERMINE,
AMONG OTHER MATTERS: (A) PROGRESS OF EACH ELECTRIC DISTRIBUTION  COMPANY
IN  MEETING  ITS  OBLIGATIONS ESTABLISHED PURSUANT TO SUBDIVISION TWO OF
THIS SECTION AND PROGRESS IN MEETING  THE  OVERALL  ANNUAL  TARGETS  FOR
DEPLOYMENT  OF  QUALIFIED  SOLAR  PHOTOVOLTAIC  GENERATING  SYSTEMS; (B)
DISTRIBUTION OF INSTALLATIONS BY CUSTOMER CLASS, SYSTEM  SIZE  AND  LOAD
ZONE; AND (C) ANNUAL INCENTIVE COMMITMENTS AND EXPENDITURES. THE COMMIS-
SION  SHALL  EVALUATE  THE  REASONABLENESS  OF THE FUTURE ANNUAL TARGETS
ESTABLISHED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION
AND  DETERMINE  WHETHER  THE  ANNUAL  TARGETS  SHOULD  BE   ACCELERATED,
INCREASED  OR  EXTENDED.  THE COMMISSION SHALL ALSO REVIEW THE INCENTIVE
STRUCTURES AND ELECTRIC DISTRIBUTION COMPANIES' PROGRAM PLANS  AND  MAKE
ADJUSTMENTS  AS  NECESSARY  TO  COST-EFFECTIVELY  ACHIEVE  FUTURE ANNUAL
TARGETS.
  4. EVERY CONTRACTOR EMPLOYED PURSUANT TO THIS SECTION,  NOT  OTHERWISE
REQUIRED  TO  PAY  LABORERS, WORKERS OR MECHANICS THE PREVAILING RATE OF
WAGES PURSUANT TO ARTICLE EIGHT OF THE LABOR LAW,  SHALL  PAY  EMPLOYEES
UNDER  CONTRACT  FOR  THE  INSTALLATION  OF QUALIFIED SOLAR PHOTOVOLTAIC
GENERATING SYSTEMS RATED AT TWO HUNDRED FIFTY KILOWATTS OR MORE  A  WAGE
OF  NOT  LESS  THAN  THE  PREVAILING  RATE OF WAGES FOR SUCH WORK IN THE
LOCALITY WHERE SUCH INSTALLATION OCCURS. THIS REQUIREMENT  SHALL  BE  IN
EFFECT  FOR  THE  DURATION  OF THE AVAILABILITY OF THE INCENTIVE STREAMS
ESTABLISHED PURSUANT TO THIS SECTION AND IN NO EVENT SHALL SUCH REQUIRE-
MENT EXTEND BEYOND THE AVAILABILITY OF  SUCH  INCENTIVE  STREAMS.  EVERY
CONTRACTOR  SUBJECT TO THE PROVISIONS OF THIS SUBDIVISION SHALL MAINTAIN
PAYROLL RECORDS IN ACCORDANCE WITH SECTION TWO  HUNDRED  TWENTY  OF  THE
LABOR LAW.
  S 4. Section 1005 of the public authorities law is amended by adding a
new subdivision 24 to read as follows:

A. 9149--A                          4

  24. A. FOR THE PURPOSES OF THIS SUBDIVISION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
  (1)  "PREVAILING  RATE  OF  WAGES" SHALL HAVE THE SAME MEANING AS SUCH
TERM IS DEFINED IN PARAGRAPH (A) OF  SUBDIVISION  FIVE  OF  SECTION  TWO
HUNDRED TWENTY OF THE LABOR LAW; AND
  (2)  "QUALIFIED  SOLAR  PHOTOVOLTAIC  GENERATING  SYSTEM"  MEANS (I) A
SYSTEM OF COMPONENTS THAT GENERATES ELECTRICITY FROM INCIDENTAL SUNLIGHT
BY MEANS OF THE PHOTOVOLTAIC  EFFECT,  WHETHER  OR  NOT  THE  DEVICE  IS
COUPLED  WITH  A DEVICE CAPABLE OF STORING THE ENERGY PRODUCED FOR LATER
USE; (II) CONNECTED TO THE DISTRIBUTION SYSTEM OR AREA  SUBSTATIONS  AND
ASSOCIATED  FACILITIES  THAT COMPRISE THE LOCAL AREA NETWORK OF AN ELEC-
TRIC DISTRIBUTION COMPANY SERVING THE STATE  AFTER  JANUARY  FIRST,  TWO
THOUSAND ELEVEN.
  B.  NO  LATER THAN JANUARY FIRST, TWO THOUSAND THIRTEEN, THE AUTHORITY
SHALL ESTABLISH AN INCENTIVE PROGRAM FOR THE  DEVELOPMENT  OF  QUALIFIED
SOLAR  PHOTOVOLTAIC  GENERATING  SYSTEMS. THE PROPOSED INCENTIVE PROGRAM
SHALL FIRST BE MADE AVAILABLE TO THE PUBLIC, WITH NOTICE AND OPPORTUNITY
FOR COMMENT, BEFORE FINAL ADOPTION BY THE AUTHORITY'S BOARD OF TRUSTEES.
  (1) THE PROGRAM SHALL ACHIEVE THE FOLLOWING MINIMUM CAPACITY LEVELS OF
QUALIFIED SOLAR PHOTOVOLTAIC GENERATION AND SHALL INCLUDE ANNUAL  INCRE-
MENTAL CAPACITY TARGETS TO ACHIEVE SUCH LEVELS:
  (I) 120 MEGAWATTS BY 2015; AND
  (II) 400 MEGAWATTS BY 2021.
  (2)  THE  PROGRAM  ESTABLISHED BY THE AUTHORITY PURSUANT TO THIS PARA-
GRAPH SHALL ADDRESS (I) PROGRAM ADMINISTRATION AND DELIVERY; (II) TARGET
MARKETS AND ALLOCATION; (III) INCENTIVE STRUCTURES; AND (IV)  ANY  OTHER
ISSUES  DEEMED  APPROPRIATE  BY  THE  AUTHORITY.  THE  PROGRAM  SHALL BE
DESIGNED TO ADDRESS BOTH  WHOLESALE  AND  RETAIL  MARKET  OPPORTUNITIES,
FOSTER  A  DIVERSITY  OF  PROJECT  SIZES,  GEOGRAPHIC  DISTRIBUTION, AND
PARTICIPATION AMONG ALL ELIGIBLE CUSTOMER CLASSES, SUBJECT  TO  COST-EF-
FECTIVENESS  CONSIDERATIONS;  AVOID  LONG-TERM COSTS TO THE TRANSMISSION
AND DISTRIBUTION SYSTEM; MINIMIZE PEAK LOAD IN CONSTRAINED  AREAS;  AND,
ACHIEVE  ANY  OTHER  OBJECTIVES THE AUTHORITY MAY ESTABLISH.  PREFERENCE
SHALL BE GIVEN TO AN INCENTIVE STRUCTURE THAT: (A) COMPENSATES OWNERS OR
DEVELOPERS OF QUALIFIED SOLAR PHOTOVOLTAIC  GENERATING  SYSTEMS  ON  THE
BASIS  OF ACTUAL PRODUCTION FROM SUCH SYSTEMS; AND (B) AWARDS INCENTIVES
ON THE BASIS OF REGULAR AND COMPETITIVE PROCUREMENTS UNLESS THE AUTHORI-
TY DETERMINES THAT AN ALTERNATIVE METHODOLOGY IS IN THE  BEST  INTERESTS
OF  ITS CUSTOMERS AND THE DEVELOPMENT OF A COMPETITIVE AND SELF-SUSTAIN-
ING MARKET.
  (4) THE AUTHORITY'S ANNUAL EXPENDITURE FOR SOLAR PROCUREMENT UNDERTAK-
EN PURSUANT TO THIS PARAGRAPH SHALL NOT EXCEED ONE AND ONE-HALF  PERCENT
OF  ITS  ANNUAL  ELECTRICITY  SALES REVENUES. IN THE EVENT THAT SUCH CAP
WOULD BE EXCEEDED, THE  AUTHORITY  MAY  LIMIT  THE  ANNUAL  INCREASE  IN
REQUIRED  SOLAR  CAPACITY AS ESTABLISHED PURSUANT TO SUBPARAGRAPH ONE OF
THIS PARAGRAPH TO SUCH NEW CAPACITY AS CAN BE PROCURED WITH TOTAL  COSTS
OF  LESS THAN THE ONE AND ONE-HALF PERCENT CAP. NOTHING IN THIS SUBPARA-
GRAPH SHALL BE CONSTRUED  AS  AUTHORIZING  THE  ABROGATION  OF  EXISTING
CONTRACTS  OR  TARIFF  RATES,  AS APPLICABLE, PRIOR TO THEIR TERMINATION
DATE BY VIRTUE OF THE CAP BEING TRIGGERED.
  C. NO LATER THAN JULY FIRST, TWO  THOUSAND  FOURTEEN,  AND  EVERY  TWO
YEARS  THEREAFTER,  THE  AUTHORITY SHALL, AFTER NOTICE AND PROVISION FOR
THE OPPORTUNITY TO COMMENT, ISSUE A COMPREHENSIVE REVIEW OF THE  PROGRAM
ESTABLISHED PURSUANT TO THIS SUBDIVISION. THE AUTHORITY SHALL DETERMINE,
AMONG  OTHER  MATTERS:  (1)  PROGRESS  IN MEETING ITS ANNUAL TARGETS FOR
DEPLOYMENT OF  QUALIFIED  SOLAR  PHOTOVOLTAIC  GENERATING  SYSTEMS;  (2)

A. 9149--A                          5

DISTRIBUTION  OF  INSTALLATIONS BY CUSTOMER CLASS, SYSTEM SIZE, AND LOAD
ZONE; AND (3) ANNUAL INCENTIVE COMMITMENTS AND EXPENDITURES. THE AUTHOR-
ITY SHALL EVALUATE THE  REASONABLENESS  OF  THE  FUTURE  ANNUAL  TARGETS
ESTABLISHED PURSUANT TO SUBPARAGRAPH ONE OF PARAGRAPH B OF THIS SUBDIVI-
SION  AND  DETERMINE  WHETHER  THE ANNUAL TARGETS SHOULD BE ACCELERATED,
INCREASED OR EXTENDED. THE AUTHORITY SHALL  ALSO  REVIEW  THE  INCENTIVE
STRUCTURES AND MAKE ADJUSTMENTS AS NECESSARY TO COST-EFFECTIVELY ACHIEVE
FUTURE ANNUAL TARGETS.
  D.  EVERY CONTRACTOR EMPLOYED PURSUANT TO THIS SUBDIVISION, NOT OTHER-
WISE REQUIRED TO PAY LABORERS, WORKERS OR MECHANICS THE PREVAILING  RATE
OF WAGES PURSUANT TO ARTICLE EIGHT OF THE LABOR LAW, SHALL PAY EMPLOYEES
UNDER  CONTRACT  FOR  THE  INSTALLATION  OF QUALIFIED SOLAR PHOTOVOLTAIC
GENERATING SYSTEMS RATED AT TWO HUNDRED FIFTY KILOWATTS OR MORE  A  WAGE
OF  NOT  LESS  THAN  THE  PREVAILING  RATE OF WAGES FOR SUCH WORK IN THE
LOCALITY WHERE SUCH INSTALLATION OCCURS. THIS REQUIREMENT  SHALL  BE  IN
EFFECT  FOR  THE  DURATION  OF THE AVAILABILITY OF THE INCENTIVE STREAMS
ESTABLISHED PURSUANT TO THIS SUBDIVISION AND  IN  NO  EVENT  SHALL  SUCH
REQUIREMENT  EXTEND  BEYOND  THE AVAILABILITY OF SUCH INCENTIVE STREAMS.
EVERY CONTRACTOR SUBJECT TO THE PROVISIONS OF THIS PARAGRAPH SHALL MAIN-
TAIN PAYROLL RECORDS IN ACCORDANCE WITH SECTION TWO  HUNDRED  TWENTY  OF
THE LABOR LAW.
  S  5.  Sections 1020-ii, 1020-jj and 1020-kk of the public authorities
law, as renumbered by chapter 388 of the laws of  2011,  are  renumbered
sections 1020-jj, 1020-kk and 1020-ll and a new section 1020-ii is added
to read as follows:
  S  1020-II.  ESTABLISHMENT  OF  SOLAR INCENTIVE PROGRAM. 1. AS USED IN
THIS SECTION:
  (A) "PREVAILING RATE OF WAGES" SHALL HAVE THE  SAME  MEANING  AS  SUCH
TERM  IS  DEFINED  IN  PARAGRAPH  (A) OF SUBDIVISION FIVE OF SECTION TWO
HUNDRED TWENTY OF THE LABOR LAW; AND
  (B) "QUALIFIED SOLAR PHOTOVOLTAIC GENERATING SYSTEM" MEANS A SYSTEM OF
COMPONENTS (I) THAT GENERATES ELECTRICITY FROM  INCIDENTAL  SUNLIGHT  BY
MEANS  OF  THE PHOTOVOLTAIC EFFECT, WHETHER OR NOT THE DEVICE IS COUPLED
WITH A DEVICE CAPABLE OF STORING THE ENERGY PRODUCED FOR LATER USE; (II)
CONNECTED TO THE DISTRIBUTION SYSTEM OR AREA SUBSTATIONS AND  ASSOCIATED
FACILITIES  THAT COMPRISE THE LOCAL AREA NETWORK OF AN ELECTRIC DISTRIB-
UTION COMPANY SERVING THE STATE AFTER JANUARY FIRST, TWO THOUSAND  ELEV-
EN.
  2.  NO  LATER THAN JANUARY FIRST, TWO THOUSAND THIRTEEN, THE AUTHORITY
SHALL ESTABLISH AN INCENTIVE PROGRAM FOR THE  DEVELOPMENT  OF  QUALIFIED
SOLAR  PHOTOVOLTAIC  GENERATING  SYSTEMS. THE PROPOSED INCENTIVE PROGRAM
SHALL FIRST BE MADE AVAILABLE TO THE PUBLIC, WITH NOTICE AND OPPORTUNITY
FOR COMMENT, BEFORE FINAL ADOPTION BY THE BOARD.
  (A) THE PROGRAM SHALL ACHIEVE THE FOLLOWING MINIMUM CAPACITY LEVELS OF
QUALIFIED SOLAR PHOTOVOLTAIC GENERATION AND SHALL INCLUDE ANNUAL  INCRE-
MENTAL TARGETS TO ACHIEVE SUCH LEVELS:
  (I) 150 MEGAWATTS BY 2015; AND
  (II) 500 MEGAWATTS BY 2021.
  (B) THE PROGRAM ESTABLISHED BY THE AUTHORITY PURSUANT TO THIS SUBDIVI-
SION  SHALL ADDRESS (I) PROGRAM ADMINISTRATION AND DELIVERY; (II) TARGET
MARKETS AND ALLOCATION; (III) INCENTIVE STRUCTURES; AND (IV)  ANY  OTHER
ISSUES  DEEMED  APPROPRIATE  BY  THE  AUTHORITY.  THE  PROGRAM  SHALL BE
DESIGNED TO ADDRESS BOTH  WHOLESALE  AND  RETAIL  MARKET  OPPORTUNITIES,
FOSTER  A  DIVERSITY  OF  PROJECT  SIZES,  GEOGRAPHIC  DISTRIBUTION, AND
PARTICIPATION AMONG ALL ELIGIBLE CUSTOMER CLASSES, SUBJECT  TO  COST-EF-
FECTIVENESS  CONSIDERATIONS;  AVOID  LONG-TERM COSTS TO THE TRANSMISSION

A. 9149--A                          6

AND DISTRIBUTION SYSTEM; MINIMIZE PEAK LOAD IN  CONSTRAINED  AREAS;  AND
ACHIEVE  ANY  OTHER  OBJECTIVES THE AUTHORITY MAY ESTABLISH.  PREFERENCE
SHALL BE GIVEN TO AN INCENTIVE STRUCTURE THAT: (1) COMPENSATES OWNERS OR
DEVELOPERS  OF  QUALIFIED  SOLAR  PHOTOVOLTAIC GENERATING SYSTEMS ON THE
BASIS OF ACTUAL PRODUCTION FROM SUCH SYSTEMS; AND (2) AWARDS  INCENTIVES
ON THE BASIS OF REGULAR AND COMPETITIVE PROCUREMENTS UNLESS THE AUTHORI-
TY  DETERMINES  THAT AN ALTERNATIVE METHODOLOGY IS IN THE BEST INTERESTS
OF ITS CUSTOMERS AND THE DEVELOPMENT OF A COMPETITIVE AND  SELF-SUSTAIN-
ING MARKET.
  (C) THE AUTHORITY'S ANNUAL EXPENDITURE FOR SOLAR PROCUREMENT UNDERTAK-
EN  PURSUANT  TO  THIS  SUBDIVISION  SHALL  NOT  EXCEED ONE AND ONE-HALF
PERCENT OF ITS ANNUAL ELECTRICITY SALES REVENUES. IN THE EVENT THAT SUCH
CAP WOULD BE EXCEEDED, THE AUTHORITY MAY LIMIT THE  ANNUAL  INCREASE  IN
REQUIRED SOLAR CAPACITY AS ESTABLISHED PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION  TO SUCH NEW CAPACITY AS CAN BE PROCURED WITH TOTAL COSTS OF
LESS THAN THE ONE AND ONE-HALF PERCENT CAP. NOTHING  IN  THIS  PARAGRAPH
SHALL  BE  CONSTRUED AS AUTHORIZING THE ABROGATION OF EXISTING CONTRACTS
OR TARIFF RATES, AS APPLICABLE,  PRIOR  TO  THEIR  TERMINATION  DATE  BY
VIRTUE OF THE CAP BEING TRIGGERED.
  3.  NO  LATER  THAN  JULY  FIRST, TWO THOUSAND FOURTEEN, AND EVERY TWO
YEARS THEREAFTER, THE AUTHORITY SHALL, AFTER NOTICE  AND  PROVISION  FOR
THE  OPPORTUNITY TO COMMENT, ISSUE A COMPREHENSIVE REVIEW OF THE PROGRAM
ESTABLISHED PURSUANT TO THIS SECTION.  THE  AUTHORITY  SHALL  DETERMINE,
AMONG  OTHER  MATTERS:  (1)  PROGRESS  IN MEETING ITS ANNUAL TARGETS FOR
DEPLOYMENT OF  QUALIFIED  SOLAR  PHOTOVOLTAIC  GENERATING  SYSTEMS;  (2)
DISTRIBUTION  OF  INSTALLATIONS BY CUSTOMER CLASS, SYSTEM SIZE, AND LOAD
ZONE; AND (3) ANNUAL INCENTIVE COMMITMENTS AND EXPENDITURES. THE AUTHOR-
ITY SHALL EVALUATE THE  REASONABLENESS  OF  THE  FUTURE  ANNUAL  TARGETS
ESTABLISHED PURSUANT TO PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION
AND   DETERMINE  WHETHER  THE  ANNUAL  TARGETS  SHOULD  BE  ACCELERATED,
INCREASED OR EXTENDED. THE AUTHORITY SHALL  ALSO  REVIEW  THE  INCENTIVE
STRUCTURES AND MAKE ADJUSTMENTS AS NECESSARY TO COST-EFFECTIVELY ACHIEVE
FUTURE ANNUAL TARGETS.
  4.  EVERY  CONTRACTOR EMPLOYED PURSUANT TO THIS SECTION, NOT OTHERWISE
REQUIRED TO PAY LABORERS, WORKERS OR MECHANICS THE  PREVAILING  RATE  OF
WAGES  PURSUANT  TO  ARTICLE EIGHT OF THE LABOR LAW, SHALL PAY EMPLOYEES
UNDER CONTRACT FOR THE  INSTALLATION  OF  QUALIFIED  SOLAR  PHOTOVOLTAIC
GENERATING  SYSTEMS  RATED AT TWO HUNDRED FIFTY KILOWATTS OR MORE A WAGE
OF NOT LESS THAN THE PREVAILING RATE OF  WAGES  FOR  SUCH  WORK  IN  THE
LOCALITY  WHERE  SUCH  INSTALLATION OCCURS. THIS REQUIREMENT SHALL BE IN
EFFECT FOR THE DURATION OF THE AVAILABILITY  OF  THE  INCENTIVE  STREAMS
ESTABLISHED PURSUANT TO THIS SECTION AND IN NO EVENT SHALL SUCH REQUIRE-
MENT  EXTEND  BEYOND  THE AVAILABILITY OF SUCH INCENTIVE STREAMS.  EVERY
CONTRACTOR SUBJECT TO THE PROVISIONS OF THIS SUBDIVISION SHALL  MAINTAIN
PAYROLL  RECORDS  IN  ACCORDANCE  WITH SECTION TWO HUNDRED TWENTY OF THE
LABOR LAW.
  S 6. If any provision of this act is, for any reason, declared  uncon-
stitutional  or  invalid, in whole or in part, by any court of competent
jurisdiction, such portion shall be deemed severable, and such unconsti-
tutionality or invalidity shall not affect the validity of the remaining
provisions of this act, which remaining  provisions  shall  continue  in
full force and effect.
  S 7. This act shall take effect immediately.

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Assembly Bill A9149A

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Archive: Last Bill Status - In Assembly Committee

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Sponsored By

ENGLEBRIGHT

Archive: Last Bill Status - In Assembly Committee

Actions

Bill Amendments

co-Sponsors

Kevin Cahill

Joseph Lentol

Matthew Titone

Eric Stevenson

multi-Sponsors

Peter Abbate

Kenneth Blankenbush

Phil Boyle

Daniel Burling

2011-A9149 - Details

2011-A9149 - Summary

2011-A9149 - Bill Text download pdf

co-Sponsors

Kevin Cahill

Joseph Lentol

Matthew Titone

Eric Stevenson

multi-Sponsors

Peter Abbate

Kenneth Blankenbush

Phil Boyle

Daniel Burling