LBD05393-01-3
A. 1938 2
sion 1 and subdivision 2 as amended and paragraph (c-1) of subdivision 1
as added by chapter 483 of the laws of 2008, subdivision 1 as amended by
chapter 721 of the laws of 2006 and paragraph (f) of subdivision 1 as
amended by chapter 7 of the laws of 2010, are amended to read as
follows:
Net energy metering for [residential, farm service and non-residen-
tial] wind electric generating systems. 1. Definitions. As used in this
section, the following terms shall have the following meanings:
(a) "Customer-generator" means a residential customer, farm service
customer [or non-residential] AND/OR SMALL COMMERCIAL OR INDUSTRIAL
customer of an electric corporation, who owns or operates wind electric
generating equipment LOCATED AND USED AT THE CUSTOMER'S PREMISES.
(b) "Residential customer-generator" means a customer who owns or
operates wind electric generating equipment located and used at his or
her primary residence.
(c) "Farm service customer-generator" means a customer of an electric
corporation who owns and operates wind electric generating equipment
located and used on land used in agricultural production as defined in
subdivision four of section three hundred one of the agriculture and
markets law, and which is also the location of the customer's primary
residence.
[(c-1) "Non-residential customer-generator" means a customer of an
electric corporation which owns or operates wind electric generating
equipment located and used at its premises.]
(d) "Net energy meter" means a meter that measures the reverse flow of
electricity to register the difference between the electricity supplied
by an electric corporation to the customer-generator and the electricity
provided to the corporation by that customer-generator.
(e) "Net energy metering" means the use of a net energy meter to meas-
ure, during the billing period applicable to a customer-generator, the
net amount of electricity supplied by an electric corporation or
provided to the corporation by a customer-generator.
(f) "Wind electric generating equipment" means one or more wind gener-
ators with a combined rated capacity of not more than twenty-five kilo-
watts for a residential customer-generator, and not more than five
hundred kilowatts for a farm service customer-generator, [and not more
than two thousand kilowatts for a non-residential customer-generator;]
that is manufactured, installed, and operated in accordance with appli-
cable government and industry standards, that is connected to the elec-
tric system and operated in parallel with an electric corporation's
transmission and distribution facilities, and that is operated in
compliance with any standards and requirements established under this
section.
(G) "SMALL COMMERCIAL OR INDUSTRIAL CUSTOMER-GENERATOR" MEANS ANY
BUSINESS WHICH EMPLOYS UP TO ONE HUNDRED EMPLOYEES.
2. Interconnection and net energy metering. An electric corporation
shall provide for the interconnection and net energy metering of wind
electric generating equipment owned or operated by a customer-generator;
provided that the customer-generator enters into a net energy metering
contract with the corporation or complies with the corporation's net
energy metering schedule and complies with standards and requirements
established under this section, AND PROVIDED FURTHER THAT THE INTERCON-
NECTION OF WIND ELECTRIC GENERATING EQUIPMENT ON PARCELS OF LAND SMALLER
THAN FIVE ACRES SHALL BE CONTINGENT UPON A LOCAL ORDINANCE THAT SPECIF-
ICALLY ADDRESSES THE SITING OF WIND ELECTRIC GENERATING EQUIPMENT, OR A
VARIANCE, OR OTHER ACTION BY A LOCAL ZONING AUTHORITY. The customer-
A. 1938 3
generator shall be responsible for payment of one-half of the expense of
such interconnection for wind electric generating equipment with a rated
capacity of more than twenty-five kilowatts.
S 3. Subparagraph (ii) of paragraph (a) of subdivision 3 of section
66-l of the public service law is REPEALED.
S 4. Subparagraph (iii) of paragraph (c) of subdivision 3 of section
66-l of the public service law is REPEALED.
S 5. Subparagraph (ii) of paragraph (c) of subdivision 3 of section
66-l of the public service law, as amended by chapter 7 of the laws of
2010, is amended to read as follows:
(ii) in the case of a farm service customer-generator with a combined
rated capacity of not more than five hundred kilowatts, up to a maximum
of five thousand dollars[; and].
S 6. The public service law is amended by adding three new sections
66-n, 66-o and 66-p to read as follows:
S 66-N. CLEAN ENERGY FUND. 1. FOR PURPOSES OF THIS SECTION:
(A) "CLEAN ENERGY TECHNOLOGIES" MEANS ELECTRICITY GENERATION TECHNOLO-
GIES THAT PRODUCE ELECTRICITY USING SOLAR THERMAL ENERGY, PHOTOVOLTAICS,
WIND, FUEL CELLS, GEOTHERMAL, METHANE WASTE AND SUSTAINABLY MANAGED
BIOMASS AND THERMAL ENERGY PRODUCED BY SOLAR TECHNOLOGIES AND THERMAL
ENERGY TRANSFER FROM SURFACE WATER, GROUND WATER OR THE EARTH. IF AFTER
THE EFFECTIVE DATE OF THIS SECTION, NEW ENERGY TECHNOLOGIES EMERGE THAT
WERE UNFORESEEABLE AT THE TIME OF SUCH EFFECTIVE DATE THE COMMISSIONER
OF ENVIRONMENTAL CONSERVATION MAY DESIGNATE SUCH TECHNOLOGIES AS CLEAN
ENERGY TECHNOLOGIES BASED UPON A FINDING THAT THE AIR, WATER, ECOSYSTEM,
PUBLIC HEALTH AND WASTE DISPOSAL IMPACTS OF SUCH NEW TECHNOLOGIES ARE
COMPARABLE TO THOSE OF THE CLEAN ENERGY TECHNOLOGIES OTHERWISE LISTED IN
THIS PARAGRAPH. ANY SUCH DESIGNATION SHALL ONLY TAKE PLACE FOLLOWING A
COMPLETE OPPORTUNITY FOR PUBLIC REVIEW AND COMMENT CONSISTENT WITH THE
STATE ADMINISTRATIVE PROCEDURE ACT.
(B) "ELECTRIC DISTRIBUTION COMPANY" MEANS AN ELECTRIC CORPORATION OR,
IF APPLICABLE, AN AFFILIATE OF AN ELECTRIC CORPORATION, OR A MUNICI-
PALITY ENGAGED IN THE DISTRIBUTION OF ELECTRICITY DIRECTLY TO CONSUMERS.
(C) "ENERGY EFFICIENCY" MEANS MEASURES THAT HELP CONSUMERS OF ELEC-
TRICITY USE LESS ENERGY (ELECTRICITY, NATURAL GAS OR OTHER FUELS) AT
THEIR PREMISES WHILE OBTAINING THE SAME OR MORE BENEFITS FROM SUCH ENER-
GY USE.
(D) "NYSERDA" MEANS THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT
AUTHORITY AS DESIGNATED PURSUANT TO SECTION EIGHTEEN HUNDRED FIFTY-TWO
OF THE PUBLIC AUTHORITIES LAW.
(E) "SOLID WASTE" SHALL HAVE THE SAME MEANING AS IS ASCRIBED TO SUCH
TERM PURSUANT TO SECTION 27-0501 OF THE ENVIRONMENTAL CONSERVATION LAW.
(F) "SUSTAINABLY MANAGED BIOMASS" MEANS ANAEROBIC DIGESTION OF ANY
WASTE OR COMBUSTION OF ANY OF THE FOLLOWING SUBSTANCES: CAPTURED LAND-
FILL METHANE, SECONDARY WOOD WASTE (WHICH SHALL INCLUDE ONLY NON-TREATED
WOOD WASTE AND SHALL BE LIMITED TO SAWDUST, WOOD CHIPS AND WOOD SHAVINGS
PRODUCED AS BY-PRODUCTS IN THE MILLING, PROCESSING OR MANUFACTURING OF
WOOD PRODUCTS), WOODY AGRICULTURAL WASTE AND SUSTAINABLE BIO-CROPS. SUCH
TERM SHALL NOT INCLUDE COMBUSTION OR PYROLYSIS OF SOLID WASTES, TIMBER,
FOREST FLOOR SWEEPINGS AND HERBACEOUS CROP RESIDUES, WHETHER OR NOT
ENERGY IS RECOVERED THEREFROM.
2. (A) ON AND AFTER JULY FIRST, TWO THOUSAND FOURTEEN, THE COMMISSION
SHALL CONTINUE THE TOTAL LEVEL OF INVESTMENT IN ENERGY EFFICIENCY AND
CLEAN ENERGY TECHNOLOGIES REQUIRED OF ELECTRIC DISTRIBUTION COMPANIES IN
CALENDAR YEAR TWO THOUSAND NINE. THE COMMISSION IS FURTHER DIRECTED, AS
A GOAL, TO INCREASE SUCH INVESTMENTS OVER THE NEXT FIVE YEARS UNTIL SUCH
A. 1938 4
INVESTMENTS REACH THE TOTAL LEVELS HAVING BEEN INVESTED BY ELECTRIC
DISTRIBUTION COMPANIES IN THE CALENDAR YEAR TWO THOUSAND TWO. MERGERS,
SALES OF ASSETS, REFINANCING OF DEBT AND OTHER POTENTIAL COST SAVINGS
SHOULD BE UTILIZED TO ACHIEVE THIS GOAL. THE COMMISSION, IN ACHIEVING
THIS GOAL, SHALL CAREFULLY TAKE INTO ACCOUNT THE BENEFITS THAT INVEST-
MENTS IN ENERGY EFFICIENCY AND CLEAN ENERGY TECHNOLOGIES PROVIDE
CONSISTENT WITH THE PROVISIONS OF SUBDIVISION FOUR OF THIS SECTION.
(B) THE TOTAL LEVEL OF INVESTMENT ESTABLISHED PURSUANT TO THIS SECTION
SHALL NOT BE REDUCED PRIOR TO JUNE THIRTIETH, TWO THOUSAND TWENTY-FOUR.
AFTER SUCH DATE, THE COMMISSION SHALL MAKE A DETERMINATION AS TO WHETHER
THE CLEAN ENERGY INVESTMENTS SHOULD BE INCREASED, DECREASED OR KEPT AT
THE SAME LEVEL. IN MAKING THIS DETERMINATION, THE COMMISSION SHALL
FULLY CONSIDER WHETHER THE OBJECTIVES OF LOWERING ENERGY BILLS, INCREAS-
ING ECONOMIC DEVELOPMENT AND IMPROVING THE ENVIRONMENT CONTINUE TO
JUSTIFY THE CLEAN ENERGY INVESTMENTS. THE COMMISSION SHALL PROVIDE ALL
INTERESTED PARTIES AN OPPORTUNITY TO REVIEW AND COMMENT ON ANY PROPOSED
ADJUSTMENT PURSUANT TO THE STATE ADMINISTRATIVE PROCEDURE ACT.
3. MONIES COLLECTED BY EACH ELECTRIC DISTRIBUTION COMPANY FOR THE
PURPOSE OF SUCH INVESTMENTS SHALL BE TRANSFERRED, ON A MONTHLY BASIS, TO
THE CLEAN ENERGY FUND ESTABLISHED AND ADMINISTERED BY THE NYSERDA PURSU-
ANT TO SECTION EIGHTEEN HUNDRED FIFTY-FOUR-E OF THE PUBLIC AUTHORITIES
LAW.
4. WITHIN TWELVE MONTHS OF THE EFFECTIVE DATE OF THIS SECTION, THE
COMMISSION SHALL ISSUE REGULATIONS GRANTING A CREDIT TO ANY RETAIL
CUSTOMER ACCOUNT WITH PEAK DEMAND GREATER THAN TEN MEGAWATTS DURING THE
PRIOR YEAR. THE AMOUNT OF THE CREDIT SHALL BE BASED ON QUALIFYING
INVESTMENTS MADE BY THE CUSTOMER AFTER JULY FIRST, TWO THOUSAND FOURTEEN
IN ENERGY EFFICIENCY AND CLEAN ENERGY TECHNOLOGIES AND SHALL BE EQUAL TO
FIFTY PERCENT OF THE AMOUNT OF THE RETAIL CUSTOMER'S QUALIFYING INVEST-
MENTS IN ENERGY EFFICIENCY MEASURES UNDERTAKEN AND EIGHTY PERCENT OF THE
AMOUNT OF THE RETAIL CUSTOMER'S QUALIFYING INVESTMENTS IN CLEAN ENERGY
TECHNOLOGIES AND FOR WHICH THE CUSTOMER HAS PREVIOUSLY NOT RECEIVED A
FULL CREDIT. THE TOTAL AMOUNT OF CREDIT IN ANY ONE YEAR SHALL NOT EXCEED
EIGHTY PERCENT OF THE TOTAL CLEAN ENERGY CONTRIBUTION REQUIRED OF THE
CUSTOMER IN THAT YEAR.
S 66-O. CLEAN DISTRIBUTED ENERGY RESOURCES. IT SHALL BE THE POLICY OF
THIS STATE TO PROMOTE THE INSTALLATION OF CLEAN DISTRIBUTED ENERGY
RESOURCES.
1. FOR THE PURPOSES OF THIS SECTION:
(A) "CLEAN DISTRIBUTED ENERGY RESOURCES" MEANS ENERGY EFFICIENCY MEAS-
URES AND CLEAN ENERGY TECHNOLOGIES INSTALLED AT CUSTOMER PREMISES.
(B) "CLEAN ENERGY TECHNOLOGIES" SHALL HAVE THE SAME DEFINITION SET
FORTH IN SECTION SIXTY-SIX-N OF THIS ARTICLE.
(C) "EXIT FEES" MEANS A LUMP SUM CHARGE, A PER KILOWATT CHARGE OR PER
KILOWATT-HOUR CHARGE ASSOCIATED WITH REDUCED ELECTRICITY PURCHASES OR
ELECTRICITY GENERATED DUE TO CONSUMER UTILIZATION OF CLEAN ENERGY TECH-
NOLOGIES.
2. ALL CUSTOMERS RECEIVING DISTRIBUTION SERVICES FROM AN ELECTRIC
CORPORATION IN THE STATE SHALL BE ALLOWED TO INTERCONNECT CLEAN ENERGY
TECHNOLOGIES INSTALLED AT THEIR PREMISES TO THE ELECTRIC DISTRIBUTION
SYSTEM. WITHIN TWELVE MONTHS OF THE EFFECTIVE DATE OF THIS SECTION, THE
COMMISSION SHALL ISSUE REGULATIONS IMPLEMENTING SUCH REQUIREMENT,
INCLUDING ADOPTION OF TECHNICAL INTERCONNECTION STANDARDS AND INTERCON-
NECTION CONTRACTS WHICH SHALL:
(A) PROVIDE FOR EXPEDITIOUS INTERCONNECTION BY THE ELECTRIC CORPO-
RATION;
A. 1938 5
(B) ALLOW A MAXIMUM INTERCONNECT CHARGE OF THIRTY-FIVE DOLLARS PER
KILOWATT FOR EACH KILOWATT GREATER THAN TEN KILOWATTS FOR SYSTEMS GREAT-
ER THAN TEN KILOWATTS AND LESS THAN ONE MEGAWATT IN RATED CAPACITY AND,
FOR SYSTEMS THAT ARE TEN KILOWATTS OR LESS, PROHIBIT ELECTRIC CORPO-
RATIONS FROM IMPOSING ANY CHARGE OR REQUIRING ANY PAYMENT FOR INTERCON-
NECTION;
(C) PROVIDE FOR UNIFORM STATEWIDE TECHNICAL INTERCONNECTION REQUIRE-
MENTS TO ENSURE SAFETY AND RELIABILITY THAT ARE CONSISTENT WITH NATIONAL
STANDARDS SUCH AS THOSE PROMULGATED BY RECOGNIZED NATIONAL ORGANIZA-
TIONS, INCLUDING THE INSTITUTE FOR ELECTRICAL AND ELECTRONIC ENGINEERS
AND THE NATIONAL ELECTRIC CODE, EXCEPT WHERE THE COMMISSION DETERMINES,
AFTER A PUBLIC HEARING, THAT SPECIFIC REGIONAL OR STATEWIDE SAFETY AND
RELIABILITY CONDITIONS JUSTIFY TEMPORARY DEVIATION FROM THE NATIONAL
STANDARDS UNTIL CONSISTENCY CAN BE ACHIEVED; AND
(D) ENSURE THAT INTERCONNECTION CONTRACTS ARE CONSUMER FRIENDLY, BRIEF
AND FOR SYSTEMS UNDER ONE HUNDRED KILOWATTS; INCLUDE NO INDEMNIFICATION
REQUIREMENTS; AND REQUIRE NOT MORE THAN ONE HUNDRED THOUSAND DOLLARS OF
HOMEOWNERS INSURANCE COVERAGE FOR RESIDENTIAL CUSTOMERS AND NOT MORE
THAN FIVE HUNDRED THOUSAND DOLLARS OF INSURANCE COVERAGE FOR COMMERCIAL
CUSTOMERS.
3. WITHIN TWELVE MONTHS OF THE EFFECTIVE DATE OF THIS SECTION, THE
COMMISSION SHALL ISSUE REGULATIONS FOR EACH ELECTRIC CORPORATION'S
DISTRIBUTION SYSTEM THAT MINIMIZE THE LONG-TERM COSTS OF PROVIDING RELI-
ABLE DISTRIBUTION SERVICE, REMOVE BARRIERS TO COST-EFFECTIVE INVESTMENTS
IN CLEAN DISTRIBUTED ENERGY RESOURCES AS ALTERNATIVES TO DISTRIBUTION
INVESTMENTS, AND REMOVE THE LINKAGE BETWEEN THE TOTAL ENERGY DISTRIBUTED
AND THE RECOVERY OF DISTRIBUTION AND OTHER FIXED COSTS. WITHIN NINETY
DAYS OF THE EFFECTIVE DATE OF THIS SECTION, THE COMMISSION SHALL REQUIRE
EACH ELECTRIC CORPORATION TO COMMENCE THE COLLECTION OF DISTRIBUTION
COST DATA NECESSARY TO ACCURATELY EVALUATE ALTERNATIVES TO TRADITIONAL
INFRASTRUCTURE INVESTMENTS.
4. THE FIRST ONE THOUSAND MEGAWATTS OF CLEAN ENERGY TECHNOLOGIES
INSTALLED AT CUSTOMER PREMISES IN THE STATE, WITH A LIMIT OF ONE MEGA-
WATT PER CUSTOMER ACCOUNT, SHALL BE EXEMPT FROM ANY EXIT FEES OR ANY
SPECIAL METER FEES CHARGED BY ELECTRIC CORPORATIONS. IN ADDITION, NO
ELECTRIC CORPORATION SHALL LEVY A CHARGE FOR BACKUP OR STANDBY ENERGY OR
CAPACITY TO CUSTOMERS WHO INSTALL AND USE CLEAN DISTRIBUTED ENERGY
RESOURCES, RATED AT ONE MEGAWATT OR LESS, ON THEIR PREMISES UNTIL THE
COMMISSION COMPLETES A STUDY ACCURATELY DETERMINING THE COST OF BACKUP
SERVICE, AN EVALUATION OF THE FULL RANGE OF BENEFITS SUCH TECHNOLOGIES
PROVIDE TO THE TRANSMISSION AND DISTRIBUTION SYSTEM AND CERTIFIES THAT
EACH ELECTRIC CORPORATION HAS ESTABLISHED TARIFFS THAT ACCURATELY CREDIT
CUSTOMERS FOR THESE BENEFITS.
S 66-P. CLEAN ENERGY DEVELOPMENT. 1. FOR THE PURPOSES OF THIS SECTION,
"CLEAN ENERGY TECHNOLOGIES" SHALL HAVE THE SAME DEFINITION SET FORTH IN
SECTION SIXTY-SIX-N OF THIS ARTICLE.
2. WITHIN TWELVE MONTHS OF THE EFFECTIVE DATE OF THIS SECTION, THE
COMMISSION SHALL ADOPT CLEAN ENERGY REGULATIONS REQUIRING EACH ELECTRIC
CORPORATION IN THE STATE TO ENSURE THAT ON OR BEFORE JULY FIRST, TWO
THOUSAND FOURTEEN, NO LESS THAN ONE-HALF OF ONE PERCENT OF THE ENERGY IT
HAS SUPPLIED TO EACH CUSTOMER IN THE PREVIOUS TWELVE MONTH PERIOD WAS
GENERATED USING CLEAN ENERGY TECHNOLOGIES. THE COMMISSION SHALL INCREASE
SUCH REQUIREMENT BY ONE-HALF OF ONE PERCENT ON JULY FIRST EACH YEAR
THEREAFTER, UNTIL THE AMOUNT OF ENERGY REQUIRED FROM CLEAN ENERGY TECH-
NOLOGIES REACHES SIX PERCENT. ONCE THE AMOUNT OF ENERGY SUPPLIED TO
CUSTOMERS FROM CLEAN ENERGY TECHNOLOGIES REACHES SIX PERCENT, THE
A. 1938 6
REQUIREMENT SHALL BE INCREASED BY ONE PERCENT EACH YEAR THEREAFTER UNTIL
THE AMOUNT OF ENERGY REQUIRED FROM CLEAN ENERGY TECHNOLOGIES REACHES TEN
PERCENT OR UNTIL SUCH LATER DATE THAT THE COMMISSION SHALL DETERMINE;
PROVIDED, HOWEVER, THAT THE COMMISSION SHALL NOT DECREASE THE REQUIRED
PERCENTAGE AT ANY TIME.
3. THE COMMISSION SHALL REVIEW ELECTRICITY PRODUCTS SOLD BY EACH ELEC-
TRIC CORPORATION IN THE STATE ON A PERIODIC BASIS TO ENSURE THAT THE
REQUIREMENTS SET FORTH IN SUBDIVISION TWO OF THIS SECTION ARE MET. THE
COMMISSION SHALL REVIEW ITS REGULATIONS AND REQUIREMENTS FOR ENVIRON-
MENTAL DISCLOSURE LABELS TO ENSURE THAT INFORMATION PROVIDED TO CUSTOM-
ERS CONCERNING CLEAN ENERGY TECHNOLOGIES IS CLEAR AND UNDERSTANDABLE,
AND CONSIDER WHETHER IT IS APPROPRIATE TO REQUIRE ALL DISCLOSURE LABELS
TO INDICATE THE MINIMUM PERCENTAGE OF ENERGY REQUIRED FROM CLEAN ENERGY
TECHNOLOGIES PURSUANT TO THIS SECTION.
4. AN ELECTRIC CORPORATION MAY SATISFY THE REQUIREMENTS OF THIS
SECTION BY ENTERING INTO CONVERSION TRANSACTIONS ESTABLISHED PURSUANT TO
THE COMMISSION'S ENVIRONMENTAL DISCLOSURE PROGRAM OR SUCH OTHER TRADING
PROGRAM THAT THE COMMISSION MAY ESTABLISH. THE COMMISSION SHALL ESTAB-
LISH A COMPLIANCE PROTOCOL THAT PERMITS ELECTRIC CORPORATIONS TO ENTER
INTO CONVERSION TRANSACTIONS OR PURCHASE CREDITS FOR ENERGY SUPPLIED TO
MEET THE CLEAN ENERGY REQUIREMENT BY ELECTRIC CORPORATIONS AFTER THE
EFFECTIVE DATE OF THIS SECTION AND BEFORE JULY FIRST, TWO THOUSAND
SIXTEEN. SUCH PROTOCOL SHALL ALLOW BANKING OF CREDITS FOR ELECTRIC ENER-
GY FROM CLEAN ENERGY TECHNOLOGIES SUPPLIED IN EXCESS OF REQUIREMENTS FOR
A PERIOD OF TWO YEARS, AND MAY ALLOW COMPLIANCE TO BE DEMONSTRATED WITH-
IN THREE MONTHS OF THE END OF THE CALENDAR YEAR IN ORDER TO ALLOW FOR
COMPLIANCE VIA CONVERSION TRANSACTIONS OR A TRADING PROGRAM.
S 7. Section 1005 of the public authorities law is amended by adding a
new subdivision 24 to read as follows:
24. TO ESTABLISH A CLEAN ENERGY INITIATIVE TO PROVIDE ENERGY SERVICES
TO QUALIFIED PUBLIC PARTICIPANTS FOR THE INSTALLATION OF ENERGY EFFI-
CIENCY MEASURES AND CLEAN ENERGY TECHNOLOGIES.
(A) FOR THE PURPOSES OF THIS SUBDIVISION:
(1) "CLEAN ENERGY TECHNOLOGIES" SHALL HAVE THE SAME DEFINITION SET
FORTH IN SECTION SIXTY-SIX-N OF THE PUBLIC SERVICE LAW.
(2) "ENERGY EFFICIENCY" SHALL HAVE THE SAME DEFINITION SET FORTH IN
SECTION SIXTY-SIX-N OF THE PUBLIC SERVICE LAW.
(3) "QUALIFIED PUBLIC PARTICIPANT" MEANS A SCHOOL DISTRICT, CITY,
TOWN, VILLAGE, COUNTY, STATE AGENCY, PUBLIC BENEFIT CORPORATION OR STATE
UNIVERSITY.
(B) THE AUTHORITY SHALL INVEST IN THE CLEAN ENERGY INITIATIVE NOT LESS
THAN ONE HUNDRED MILLION DOLLARS, ON AVERAGE PER YEAR, OVER A TEN YEAR
PERIOD STARTING JULY FIRST, TWO THOUSAND FOURTEEN.
(C) THE AUTHORITY SHALL BROADLY DISSEMINATE INFORMATION ABOUT THE
CLEAN ENERGY INITIATIVE TO QUALIFIED PUBLIC PARTICIPANTS.
(D) THE AUTHORITY SHALL PROVIDE ENERGY SERVICES TO QUALIFIED PUBLIC
PARTICIPANTS EITHER DIRECTLY OR THROUGH A THIRD-PARTY PROVIDER.
(E) THE AUTHORITY SHALL REQUIRE THE QUALIFIED PUBLIC PARTICIPANTS TO
REIMBURSE THE FUNDS DISPERSED PURSUANT TO THIS SUBDIVISION DURING A
PERIOD NOT TO EXCEED TEN YEARS WITH SAVINGS IN ENERGY COSTS.
(F) IN THE CASE OF SCHOOL DISTRICTS, ENERGY SERVICES MAY INCLUDE COSTS
NOT OTHERWISE REIMBURSED PURSUANT TO SUBDIVISION SIX OF SECTION THIRTY-
SIX HUNDRED TWO OF THE EDUCATION LAW.
(G) THE AUTHORITY SHALL, IN CONSULTATION WITH THE DEPARTMENT OF ENVI-
RONMENTAL CONSERVATION, TAKE ADVANTAGE OF ANY EMISSION REDUCTION CREDIT
PROGRAM THAT MAY BE IN PLACE TO HELP POTENTIAL QUALIFIED PUBLIC PARTIC-
A. 1938 7
IPANTS MAXIMIZE THE ECONOMIC AND ENVIRONMENTAL BENEFITS FROM PARTIC-
IPATION IN THE CLEAN ENERGY INITIATIVE.
(H) THE AUTHORITY SHALL ESTABLISH AND REGULARLY CONVENE AN ADVISORY
COMMITTEE COMPRISED OF THE CHAIRMAN OF THE AUTHORITY, THE CHAIRMAN OF
THE PUBLIC SERVICE COMMISSION AND THE COMMISSIONER OF ENVIRONMENTAL
CONSERVATION OR THEIR DESIGNEES, SERVING AS EX OFFICIO MEMBERS; AND THE
CHAIRMAN OF THE AUTHORITY SHALL APPOINT ONE REPRESENTATIVE FROM EACH OF
THE FOLLOWING CUSTOMER CLASSIFICATIONS: RESIDENTIAL, LOW-INCOME RESIDEN-
TIAL, SMALL COMMERCIAL, LARGE COMMERCIAL/INDUSTRIAL, AGRICULTURAL, AND
CONSUMERS RESIDING IN LOAD POCKETS; ONE INDIVIDUAL REPRESENTING THE
ELECTRIC DISTRIBUTION COMPANIES; ONE INDIVIDUAL REPRESENTING THE ENERGY
SERVICE COMPANIES; AND ONE INDIVIDUAL REPRESENTING EACH OF THE FOLLOWING
AREAS OF EXPERTISE: ENVIRONMENTAL PROTECTION, CLEAN ENERGY TECHNOLOGIES
AND ENERGY EFFICIENCY. THE APPOINTED MEMBERS OF THE COMMITTEE SHALL HAVE
NO DIRECT FINANCIAL INTEREST IN THE ALLOCATION OF THE MONIES IN THE
CLEAN ENERGY FUND. THE AUTHORITY, IN CONSULTATION WITH THE ADVISORY
COMMITTEE, SHALL ESTABLISH EVALUATION PROTOCOLS TO JUDGE THE SUCCESS OF
THE CLEAN ENERGY FUND, AND SHALL PERIODICALLY CONTRACT FOR INDEPENDENT
REVIEW OF FUND MANAGEMENT.
S 8. 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. CLEAN ENERGY INITIATIVE. THE AUTHORITY SHALL COMPLY WITH
THE PROVISIONS OF THIS SECTION FOR THE PURPOSE OF LOWERING CONSUMER
ENERGY BILLS, ENHANCING THE RELIABILITY OF THE SYSTEM, ENCOURAGING ENER-
GY EFFICIENCY, SUPPORTING THE DEVELOPMENT OF CLEAN ENERGY TECHNOLOGIES
SUCH AS WIND, SOLAR AND FUEL CELLS, AND REDUCING HARMFUL IMPACTS OF
ELECTRICITY GENERATION AND CONSUMPTION ON PUBLIC HEALTH AND SENSITIVE
ECOSYSTEMS.
1. DEFINITIONS. FOR PURPOSES OF THIS SECTION:
(A) "CLEAN DISTRIBUTED ENERGY RESOURCES" SHALL HAVE THE SAME DEFI-
NITION SET FORTH IN SECTION SIXTY-SIX-O OF THE PUBLIC SERVICE LAW.
(B) "CLEAN ENERGY TECHNOLOGIES" SHALL HAVE THE SAME DEFINITION SET
FORTH IN SECTION SIXTY-SIX-N OF THE PUBLIC SERVICE LAW.
(C) "CUSTOMER-GENERATOR" SHALL HAVE THE SAME DEFINITION SET FORTH IN
SECTIONS SIXTY-SIX-J AND SIXTY-SIX-L OF THE PUBLIC SERVICE LAW.
(D) "ENERGY EFFICIENCY" SHALL HAVE THE SAME DEFINITION SET FORTH IN
SECTION SIXTY-SIX-N OF THE PUBLIC SERVICE LAW.
(E) "EXIT FEES" SHALL HAVE THE SAME DEFINITION SET FORTH IN SECTION
SIXTY-SIX-O OF THE PUBLIC SERVICE LAW.
(F) "NET ENERGY METER" SHALL HAVE THE SAME DEFINITION SET FORTH IN
SECTIONS SIXTY-SIX-J AND SIXTY-SIX-L OF THE PUBLIC SERVICE LAW.
(G) "NET ENERGY METERING" SHALL HAVE THE SAME DEFINITION SET FORTH IN
SECTIONS SIXTY-SIX-J AND SIXTY-SIX-L OF THE PUBLIC SERVICE LAW.
(H) "SOLAR ELECTRIC GENERATING EQUIPMENT" SHALL HAVE THE SAME DEFI-
NITION SET FORTH IN SECTION SIXTY-SIX-J OF THE PUBLIC SERVICE LAW.
(I) "WIND ELECTRIC GENERATING EQUIPMENT" SHALL HAVE THE SAME DEFI-
NITION SET FORTH IN SECTION SIXTY-SIX-L OF THE PUBLIC SERVICE LAW.
2. LONG ISLAND CLEAN ENERGY FUND. (A) ON AND AFTER JULY FIRST, TWO
THOUSAND FOURTEEN, THE AUTHORITY SHALL CONTINUE THE LEVEL OF INVESTMENT
IN ENERGY EFFICIENCY AND CLEAN TECHNOLOGIES INVESTED IN CALENDAR YEAR
TWO THOUSAND EIGHT, AND SHALL ESTABLISH A LONG ISLAND CLEAN ENERGY FUND
INTO WHICH SUCH INVESTMENT SHALL BE PLACED. THE INVESTMENT ESTABLISHED
PURSUANT TO THIS SECTION SHALL NOT BE REDUCED PRIOR TO JUNE THIRTIETH,
TWO THOUSAND TWENTY-FOUR. AFTER SUCH DATE, THE AUTHORITY SHALL MAKE A
A. 1938 8
DETERMINATION AS TO WHETHER THE CLEAN ENERGY INVESTMENT SHOULD BE
INCREASED, DECREASED OR KEPT AT THE SAME LEVEL. IN MAKING THIS DETERMI-
NATION, THE AUTHORITY SHALL FULLY CONSIDER WHETHER THE OBJECTIVES OF
LOWERING ENERGY BILLS, INCREASING ECONOMIC DEVELOPMENT AND IMPROVING THE
ENVIRONMENT CONTINUE TO JUSTIFY THE CLEAN ENERGY CONTRIBUTION. THE
AUTHORITY SHALL PROVIDE ALL INTERESTED PARTIES AN OPPORTUNITY TO REVIEW
AND COMMENT ON ANY PROPOSED ADJUSTMENT PURSUANT TO THE STATE ADMINISTRA-
TIVE PROCEDURE ACT.
(B) THE AUTHORITY SHALL INVEST SUCH MONIES IN THE LONG ISLAND CLEAN
ENERGY FUND IN ACCORDANCE WITH THE FOLLOWING PROVISIONS:
(I) SEVENTY PERCENT OF SUCH MONIES SHALL BE INVESTED IN ENERGY EFFI-
CIENCY FOR CONSUMERS IN THE FOLLOWING CATEGORIES: RESIDENTIAL, LOW-IN-
COME RESIDENTIAL, COMMERCIAL, INDUSTRIAL, AGRICULTURAL, EDUCATIONAL AND
HEALTH CARE. THIRTY PERCENT OF THE ENERGY EFFICIENCY INVESTMENTS
REQUIRED PURSUANT TO THIS PARAGRAPH SHALL BE TARGETED FOR LOW-INCOME
RESIDENTIAL AND MULTI-FAMILY ENERGY EFFICIENCY PROGRAMS AND SHALL BE
DELIVERED IN CONJUNCTION WITH THE STATEWIDE LOW-INCOME WEATHERIZATION
ASSISTANCE PROGRAM NETWORK OF LOCAL PROVIDERS.
(II) THIRTY PERCENT OF SUCH MONIES SHALL BE INVESTED IN CLEAN ENERGY
TECHNOLOGIES. THESE FUNDS SHALL BE UTILIZED BY THE AUTHORITY, FOR AMONG
OTHER THINGS, TO SUPPORT:
(A) RESEARCH, DEVELOPMENT AND DEMONSTRATION OF CLEAN ENERGY TECHNOLO-
GIES;
(B) THE INSTALLATION, AT CUSTOMERS' PREMISES, OF AT LEAST SIXTY MEGA-
WATTS OF CLEAN ENERGY TECHNOLOGIES IN ITS SERVICE TERRITORY THROUGH A
BUYDOWN PROGRAM, INCLUDING INSTALLATIONS AT FARMS, AND IN LOW-INCOME
RESIDENTIAL AND MULTI-FAMILY BUILDINGS. ON AND AFTER JANUARY FIRST, TWO
THOUSAND FIFTEEN, THE AUTHORITY SHALL IMPLEMENT A BUYDOWN PROGRAM PURSU-
ANT TO THE TERMS OF THIS SUBPARAGRAPH. THE INCENTIVE LEVEL OFFERED BY
THIS PROGRAM, IN COMBINATION WITH ANY OTHER FEDERAL, STATE OR LOCAL
INCENTIVE THAT THE CUSTOMER RECEIVES, SHALL BE SIXTY PERCENT OF THE
INSTALLED COST OF EACH TECHNOLOGY FOR THE FIRST EIGHT MEGAWATTS PHASE,
AND, IN EACH OF THE FOLLOWING FOUR PHASES OF TEN, TWELVE, FOURTEEN AND
SIXTEEN MEGAWATTS, THE TOTAL INCENTIVE SHALL BE FIFTY, FORTY, THIRTY,
AND TWENTY PERCENT OF SUCH INSTALLED COST, PROVIDED THAT AT NO TIME
SHALL THE TOTAL INCENTIVE FOR ANY PROJECT EXCEED THREE DOLLARS PER WATT;
AND
(C) THE DEVELOPMENT OF CLEAN ENERGY TECHNOLOGIES IN ITS SERVICE TERRI-
TORY THROUGH A COMPETITIVE AUCTION OR SOLICITATION PROGRAM FOR THE
PURPOSE OF SUPPLYING ELECTRICITY TO CONSUMERS THROUGH THE TRANSMISSION
AND DISTRIBUTION SYSTEM. WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS
SECTION, THE AUTHORITY SHALL ESTABLISH A COMPETITIVE PROGRAM TO PROVIDE
PER-KILOWATT-HOUR INCENTIVES TO BIDDERS THAT PROVIDE SUBSTANTIAL PROOF
OF INTENT AND ABILITY TO BUILD CLEAN ENERGY TECHNOLOGY PROJECTS AND
REQUIRE THE LOWEST AMOUNT OF INCENTIVE OVER A PERIOD OF FIVE YEARS.
FOLLOWING THE ESTABLISHMENT OF THIS PROGRAM, THE AUTHORITY SHALL ISSUE A
REQUEST FOR LETTERS OF INTENT TO BID EVERY SIX MONTHS UNTIL ALL MONIES
ALLOCATED TO CLEAN ENERGY TECHNOLOGIES HAVE BEEN INVESTED. IN DETERMIN-
ING THE AMOUNT OF INCENTIVE OR GRANT AWARDED UNDER THE AUCTION OR SOLIC-
ITATION PROCESS IN THIS CLAUSE, THE AUTHORITY SHALL TAKE INTO CONSIDER-
ATION ANY REVENUES LIKELY TO BE RECEIVED BY THE RECIPIENT UNDER THE
CLEAN ENERGY REQUIREMENT ESTABLISHED BY SUBDIVISION FOUR OF THIS
SECTION.
(III) ALL MONIES COLLECTED FROM THE CLEAN ENERGY CONTRIBUTION SHALL BE
FULLY INVESTED. HOWEVER, THE PERCENT ALLOCATIONS PURSUANT TO SUBPARA-
A. 1938 9
GRAPHS (I) AND (II) OF THIS PARAGRAPH MAY BE ACHIEVED ON AN AVERAGE
BASIS OVER A ROLLING PERIOD OF UP TO FIVE YEARS.
3. CLEAN DISTRIBUTED ENERGY RESOURCES. (A) ALL CUSTOMERS RECEIVING
DISTRIBUTION SERVICES FROM THE AUTHORITY SHALL BE ALLOWED TO INTERCON-
NECT CLEAN ENERGY TECHNOLOGIES INSTALLED AT THEIR PREMISES TO THE ELEC-
TRIC DISTRIBUTION SYSTEM. WITHIN TWELVE MONTHS OF THE EFFECTIVE DATE OF
THIS SECTION, THE AUTHORITY SHALL ISSUE REGULATIONS IMPLEMENTING THIS
REQUIREMENT, INCLUDING ADOPTION OF TECHNICAL INTERCONNECTION STANDARDS
AND INTERCONNECTION CONTRACTS WHICH SHALL:
(I) PROVIDE FOR EXPEDITIOUS INTERCONNECTION;
(II) ALLOW A MAXIMUM INTERCONNECT CHARGE OF THIRTY-FIVE DOLLARS PER
KILOWATT FOR EACH KILOWATT GREATER THAN TEN KILOWATTS FOR SYSTEMS GREAT-
ER THAN TEN KILOWATTS AND LESS THAN ONE HUNDRED TWENTY-FIVE KILOWATTS IN
RATED CAPACITY AND, FOR SYSTEMS THAT ARE TEN KILOWATTS OR LESS, PROHIBIT
ANY CHARGE OR PAYMENT FOR INTERCONNECTION;
(III) PROVIDE FOR UNIFORM TECHNICAL INTERCONNECTION REQUIREMENTS TO
ENSURE SAFETY AND RELIABILITY THAT ARE CONSISTENT TO THE MAXIMUM EXTENT
PRACTICABLE WITH STATEWIDE STANDARDS AND NATIONAL STANDARDS SUCH AS
THOSE PROMULGATED BY RECOGNIZED NATIONAL ORGANIZATIONS INCLUDING THE
INSTITUTE FOR ELECTRICAL AND ELECTRONIC ENGINEERS AND THE NATIONAL ELEC-
TRIC CODE, EXCEPT WHERE THE AUTHORITY DETERMINES, AFTER A PUBLIC HEAR-
ING, THAT SPECIFIC REGIONAL OR STATEWIDE SAFETY AND RELIABILITY CONDI-
TIONS JUSTIFY TEMPORARY DEVIATION FROM THE NATIONAL STANDARDS UNTIL
CONSISTENCY CAN BE ACHIEVED; AND
(IV) ENSURE THAT INTERCONNECTION CONTRACTS ARE CONSUMER FRIENDLY,
BRIEF AND FOR SYSTEMS UNDER ONE HUNDRED TWENTY-FIVE KILOWATTS; INCLUDE
NO INDEMNIFICATION REQUIREMENTS; AND REQUIRE NO MORE THAN ONE HUNDRED
THOUSAND DOLLARS OF HOMEOWNERS INSURANCE COVERAGE FOR RESIDENTIAL
CUSTOMERS AND NO MORE THAN FIVE HUNDRED THOUSAND DOLLARS OF INSURANCE
COVERAGE FOR COMMERCIAL CUSTOMERS.
(B) WITHIN TWELVE MONTHS OF THE EFFECTIVE DATE OF THIS SECTION, THE
AUTHORITY SHALL ISSUE REGULATIONS FOR ITS DISTRIBUTION SYSTEM THAT MINI-
MIZE THE LONG-TERM COSTS OF PROVIDING RELIABLE DISTRIBUTION SERVICE,
REMOVE BARRIERS TO COST-EFFECTIVE INVESTMENTS IN CLEAN DISTRIBUTED ENER-
GY RESOURCES AS ALTERNATIVES TO DISTRIBUTION INVESTMENTS, AND REMOVE THE
LINKAGE BETWEEN THE TOTAL ENERGY DISTRIBUTED AND THE RECOVERY OF
DISTRIBUTION AND OTHER FIXED COSTS. WITHIN NINETY DAYS OF THE EFFECTIVE
DATE OF THIS SECTION, THE AUTHORITY SHALL COMMENCE THE COLLECTION OF
DISTRIBUTION COST DATA NECESSARY TO ACCURATELY EVALUATE ALTERNATIVES TO
TRADITIONAL INFRASTRUCTURE INVESTMENTS.
(C) THE FIRST TWO HUNDRED MEGAWATTS OF CLEAN ENERGY TECHNOLOGIES
INSTALLED AT A CUSTOMER PREMISES, WITH A LIMIT OF ONE HUNDRED
TWENTY-FIVE KILOWATTS PER CUSTOMER ACCOUNT, SHALL BE EXEMPT FROM ANY
EXIT FEES OR ANY SPECIAL METER FEES CHARGED BY THE AUTHORITY. IN ADDI-
TION, THE AUTHORITY SHALL NOT LEVY A CHARGE FOR BACKUP OR STANDBY ENERGY
OR CAPACITY TO CUSTOMERS WHO INSTALL AND USE CLEAN DISTRIBUTED ENERGY
RESOURCES, RATED AT ONE HUNDRED TWENTY-FIVE KILOWATTS OR LESS, ON THEIR
PREMISES UNTIL THE AUTHORITY COMPLETES A STUDY ACCURATELY DETERMINING
THE COST OF BACKUP SERVICE, AN EVALUATION OF THE FULL RANGE OF BENEFITS
SUCH TECHNOLOGIES PROVIDE TO THE TRANSMISSION AND DISTRIBUTION SYSTEM
AND ACCURATELY CREDIT CUSTOMERS FOR THESE BENEFITS.
4. CLEAN ENERGY DEVELOPMENT. (A) WITHIN TWELVE MONTHS OF THE EFFECTIVE
DATE OF THIS SECTION, THE AUTHORITY SHALL ADOPT A CLEAN ENERGY REQUIRE-
MENT THAT ENSURES THAT, NOT LATER THAN JULY FIRST, TWO THOUSAND SIXTEEN,
NO LESS THAN ONE-HALF OF ONE PERCENT OF THE ENERGY IT HAS SUPPLIED TO
EACH CUSTOMER IN THE PREVIOUS TWELVE MONTH PERIOD WAS GENERATED USING
A. 1938 10
CLEAN ENERGY TECHNOLOGIES. THE AUTHORITY SHALL INCREASE THE CLEAN ENERGY
REQUIREMENT BY ONE-HALF OF ONE PERCENT ANNUALLY ON JULY FIRST EACH YEAR
THEREAFTER, UNTIL THE AMOUNT OF ENERGY REQUIRED FROM CLEAN ENERGY TECH-
NOLOGIES REACHES SIX PERCENT. ONCE THE AMOUNT OF ENERGY SUPPLIED TO
CUSTOMERS FROM CLEAN ENERGY TECHNOLOGIES REACHES SIX PERCENT, THE
REQUIREMENT SHALL BE INCREASED BY ONE PERCENT EACH YEAR THEREAFTER UNTIL
THE AMOUNT OF ENERGY REQUIRED FROM CLEAN ENERGY TECHNOLOGIES REACHES TEN
PERCENT OR SUCH LATER DATE AS THE AUTHORITY SHALL DETERMINE; PROVIDED,
HOWEVER, THAT THE AUTHORITY SHALL NOT DECREASE THE REQUIRED PERCENTAGE
AT ANY TIME.
(B) NOT LATER THAN JANUARY FIRST, TWO THOUSAND FOURTEEN, THE AUTHORITY
SHALL ESTABLISH AN ENVIRONMENTAL DISCLOSURE PROGRAM CONSISTENT WITH THE
PUBLIC SERVICE COMMISSION'S ENVIRONMENTAL DISCLOSURE PROGRAM. IN IMPLE-
MENTING THE CLEAN ENERGY REQUIREMENT, THE AUTHORITY SHALL ENSURE THAT
INFORMATION PROVIDED TO CUSTOMERS CONCERNING CLEAN ENERGY TECHNOLOGIES
IS CLEAR AND UNDERSTANDABLE, AND SHALL CONSIDER WHETHER IT IS APPROPRI-
ATE TO INDICATE ON ALL DISCLOSURE LABELS THE MINIMUM PERCENTAGE OF ENER-
GY REQUIRED FROM CLEAN ENERGY TECHNOLOGIES PURSUANT TO THIS SECTION.
(C) THE AUTHORITY MAY SATISFY THE REQUIREMENTS OF THIS SUBDIVISION BY
ENTERING INTO CONVERSION TRANSACTIONS ESTABLISHED PURSUANT TO THE PUBLIC
SERVICE COMMISSION'S ENVIRONMENTAL DISCLOSURE PROGRAM OR SUCH OTHER
TRADING PROGRAM THAT THE AUTHORITY MAY ESTABLISH OR CHOOSE TO PARTIC-
IPATE IN. THE AUTHORITY SHALL BE ABLE TO BANK CREDITS FOR CLEAN ENERGY
SUPPLIED IN EXCESS OF REQUIREMENTS FOR A PERIOD OF TWO YEARS AND MAY
DEMONSTRATE COMPLIANCE WITHIN THREE MONTHS OF THE END OF THE CALENDAR
YEAR IN ORDER TO ALLOW FOR COMPLIANCE VIA CONVERSION TRANSACTIONS OR A
TRADING PROGRAM.
5. ADVISORY PANEL. THE AUTHORITY SHALL ESTABLISH AND REGULARLY CONVENE
AN ADVISORY COMMITTEE COMPRISED OF THE CHAIRMAN OF THE AUTHORITY SERVING
AS AN EX OFFICIO MEMBER; SEVEN MEMBERS APPOINTED BY THE AUTHORITY ONE
MEMBER TO BE APPOINTED TO BE REPRESENTATIVE OF EACH OF THE FOLLOWING
CUSTOMER CLASSIFICATIONS: RESIDENTIAL, LOW-INCOME RESIDENTIAL, SMALL
COMMERCIAL, LARGE COMMERCIAL/INDUSTRIAL, AGRICULTURAL, AND CONSUMERS
RESIDING IN LOAD POCKETS; AND FOUR MEMBERS APPOINTED BY THE AUTHORITY TO
REPRESENT EACH OF THE FOLLOWING AREAS OF EXPERTISE: ENVIRONMENTAL
PROTECTION, CLEAN ENERGY TECHNOLOGIES, AND ENERGY EFFICIENCY. THE
APPOINTED MEMBERS OF THE COMMITTEE SHALL HAVE NO DIRECT FINANCIAL INTER-
EST IN THE ALLOCATION OF THE MONIES FROM THE CLEAN ENERGY CONTRIBUTION.
THE AUTHORITY, IN CONSULTATION WITH THE ADVISORY COMMITTEE, SHALL ESTAB-
LISH EVALUATION PROTOCOLS TO JUDGE THE SUCCESS OF THE INITIATIVE, AND
SHALL PERIODICALLY CONTRACT FOR INDEPENDENT REVIEW OF FUND MANAGEMENT.
6. REPORTING. ON OR BEFORE JULY FIRST, TWO THOUSAND FIFTEEN AND ANNU-
ALLY THEREAFTER, THE AUTHORITY SHALL ISSUE A REPORT TO THE GOVERNOR, THE
TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY IDEN-
TIFYING THE BUDGET BALANCE, PROJECTED REVENUES AND EXPENDITURES, PROGRAM
ACHIEVEMENTS AND ALL OTHER RELEVANT INFORMATION RELATING TO THE IMPLE-
MENTATION OF THIS SECTION.
S 9. Section 1854 of the public authorities law is amended by adding a
new subdivision 20 to read as follows:
20. TO ADMINISTER THE CLEAN ENERGY FUND ESTABLISHED PURSUANT TO
SECTION EIGHTEEN HUNDRED FIFTY-FOUR-E OF THIS TITLE.
S 10. The public authorities law is amended by adding a new section
1854-e to read as follows:
S 1854-E. CLEAN ENERGY FUND. 1. FOR PURPOSES OF THIS SECTION:
(A) "CLEAN ENERGY TECHNOLOGIES" SHALL HAVE THE SAME DEFINITION SET
FORTH IN SECTION SIXTY-SIX-N OF THE PUBLIC SERVICE LAW.
A. 1938 11
(B) "ENERGY EFFICIENCY" SHALL HAVE THE SAME DEFINITION SET FORTH IN
SECTION SIXTY-SIX-N OF THE PUBLIC SERVICE LAW.
(C) "LOAD POCKET" MEANS A GEOGRAPHIC AREA IN WHICH ELECTRICITY DEMAND
SOMETIMES EXCEEDS LOCAL GENERATION CAPABILITY AND IN WHICH THERE IS AN
ELECTRICITY IMPORT LIMITATION AS A RESULT OF TRANSMISSION CONSTRAINTS.
2. THE AUTHORITY SHALL ESTABLISH A CLEAN ENERGY FUND FOR MONIES
RECEIVED FROM ELECTRIC DISTRIBUTION COMPANIES PURSUANT TO SECTION
SIXTY-SIX-N OF THE PUBLIC SERVICE LAW. THE AUTHORITY SHALL INVEST SUCH
FUNDS IN ACCORDANCE WITH THE FOLLOWING PROVISIONS:
(A) SEVENTY PERCENT OF SUCH MONIES SHALL BE INVESTED IN ENERGY EFFI-
CIENCY FOR CONSUMERS IN THE FOLLOWING CATEGORIES: RESIDENTIAL, LOW-IN-
COME, RESIDENTIAL, COMMERCIAL, INDUSTRIAL, AGRICULTURAL, EDUCATIONAL AND
HEALTH CARE. THIRTY PERCENT OF THE ENERGY EFFICIENCY INVESTMENTS
REQUIRED PURSUANT TO THIS PARAGRAPH SHALL BE TARGETED FOR LOW-INCOME
RESIDENTIAL AND MULTI-FAMILY ENERGY EFFICIENCY PROGRAMS AND SHALL BE
DELIVERED IN CONJUNCTION WITH THE STATEWIDE LOW-INCOME WEATHERIZATION
ASSISTANCE PROGRAM NETWORK OF LOCAL PROVIDERS.
(B) THIRTY PERCENT OF SUCH MONIES SHALL BE INVESTED IN CLEAN ENERGY
TECHNOLOGIES. THESE FUNDS SHALL BE UTILIZED BY THE AUTHORITY, FOR AMONG
OTHER THINGS, TO SUPPORT:
(I) RESEARCH, DEVELOPMENT AND DEMONSTRATION OF CLEAN ENERGY TECHNOLO-
GIES;
(II) THE INSTALLATION, AT CUSTOMERS' PREMISES, OF AT LEAST THREE
HUNDRED MEGAWATTS OF CLEAN ENERGY TECHNOLOGIES IN THE STATE THROUGH A
BUYDOWN PROGRAM, INCLUDING INSTALLATIONS AT FARMS, AND IN LOW-INCOME
RESIDENTIAL AND MULTI-FAMILY BUILDINGS. ON AND AFTER JANUARY FIRST, TWO
THOUSAND FIFTEEN, THE AUTHORITY SHALL IMPLEMENT A PROGRAM PURSUANT TO
THE TERMS OF THIS SUBPARAGRAPH. THE INCENTIVE LEVEL OFFERED BY THIS
PROGRAM, IN COMBINATION WITH ANY OTHER FEDERAL, STATE OR LOCAL INCENTIVE
THAT THE CUSTOMER RECEIVES, SHALL BE SIXTY PERCENT OF THE INSTALLED COST
OF EACH TECHNOLOGY FOR THE FIRST FORTY MEGAWATTS PHASE, AND, IN EACH OF
THE FOLLOWING FOUR PHASES OF FIFTY, SIXTY, SEVENTY, AND EIGHTY MEGA-
WATTS, THE TOTAL INCENTIVE SHALL BE FIFTY, FORTY, THIRTY, AND TWENTY
PERCENT OF SUCH INSTALLED COST, PROVIDED THAT AT NO TIME SHALL THE TOTAL
INCENTIVE FOR ANY PROJECT EXCEED THREE DOLLARS PER WATT; AND
(III) THE DEVELOPMENT OF CLEAN ENERGY TECHNOLOGIES IN THE STATE
THROUGH A COMPETITIVE AUCTION OR SOLICITATION PROGRAM AT THE WHOLESALE
LEVEL FOR THE PURPOSE OF SUPPLYING ELECTRICITY TO CONSUMERS THROUGH THE
TRANSMISSION AND DISTRIBUTION SYSTEM. WITHIN SIX MONTHS OF THE EFFECTIVE
DATE OF THIS SECTION, THE AUTHORITY SHALL ESTABLISH A COMPETITIVE
PROGRAM TO PROVIDE PER-KILOWATT-HOUR INCENTIVES TO BIDDERS THAT PROVIDE
SUBSTANTIAL PROOF OF INTENT AND ABILITY TO BUILD CLEAN ENERGY TECHNOLOGY
PROJECTS AND REQUIRE THE LOWEST AMOUNT OF INCENTIVE OVER A PERIOD OF
FIVE YEARS. FOLLOWING THE ESTABLISHMENT OF THIS PROGRAM, THE AUTHORITY
SHALL ISSUE A REQUEST FOR LETTERS OF INTENT TO BID EVERY SIX MONTHS
UNTIL ALL MONIES ALLOCATED TO CLEAN ENERGY TECHNOLOGIES HAVE BEEN
INVESTED. IN DETERMINING THE AMOUNT OF INCENTIVE OR GRANT AWARDED UNDER
THE AUCTION OR SOLICITATION PROCESS IN THIS SUBPARAGRAPH, THE AUTHORITY
SHALL TAKE INTO CONSIDERATION ANY REVENUES LIKELY TO BE RECEIVED BY THE
RECIPIENT UNDER THE CLEAN ENERGY REQUIREMENT ESTABLISHED BY SECTION
SIXTY-SIX-P OF THE PUBLIC SERVICE LAW.
(C) TWENTY-FIVE PERCENT OF THE SUM OF MONIES ALLOCATED IN PARAGRAPHS
(A) AND (B) OF THIS SUBDIVISION SHALL BE MADE AVAILABLE TO DEVELOP
TARGETED PROGRAMS (UTILIZING ENERGY EFFICIENCY, LOW-INCOME ENERGY EFFI-
CIENCY, CLEAN ENERGY TECHNOLOGIES AND AIR CONDITIONING EQUIPMENT THAT
UTILIZES STEAM OR NATURAL GAS) THAT ASSIST ELECTRIC DISTRIBUTION COMPA-
A. 1938 12
NIES AND DISTRIBUTED RESOURCE PROVIDERS TO ADDRESS THE NEEDS OF LOAD
POCKETS THAT HAVE SUSTAINED OUT-OF-MERIT ORDER DISPATCH FOR RELIABILITY
REASONS, PROVIDED THAT THE ELECTRIC DISTRIBUTION COMPANY FUNDS AT LEAST
THIRTY PERCENT OF THE COST OF SUCH TARGETED PROGRAMS.
(D) ALL MONIES IN THE FUND SHALL BE INVESTED. HOWEVER, THE PERCENT
ALLOCATIONS IN PARAGRAPHS (A), (B) AND (C) OF THIS SUBDIVISION MAY BE
ACHIEVED ON AN AVERAGE BASIS OVER A ROLLING PERIOD OF UP TO FIVE YEARS.
3. THE AUTHORITY SHALL ESTABLISH AND REGULARLY CONVENE AN ADVISORY
COMMITTEE COMPRISED OF THE CHAIRMAN OF THE AUTHORITY, THE CHAIRMAN OF
THE PUBLIC SERVICE COMMISSION AND THE COMMISSIONER OF ENVIRONMENTAL
CONSERVATION OR THEIR DESIGNEES, SERVING AS EX OFFICIO MEMBERS; AND THE
CHAIRMAN OF THE AUTHORITY SHALL APPOINT ONE REPRESENTATIVE FROM EACH OF
THE FOLLOWING CUSTOMER CLASSIFICATIONS: RESIDENTIAL, LOW-INCOME RESIDEN-
TIAL, SMALL COMMERCIAL, LARGE COMMERCIAL/INDUSTRIAL, AGRICULTURAL, AND
CONSUMERS RESIDING IN LOAD POCKETS; ONE INDIVIDUAL REPRESENTING THE
ELECTRIC DISTRIBUTION COMPANIES; ONE INDIVIDUAL REPRESENTING THE ENERGY
SERVICE COMPANIES; AND ONE INDIVIDUAL REPRESENTING EACH OF THE FOLLOWING
AREAS OF EXPERTISE: ENVIRONMENTAL PROTECTION, CLEAN ENERGY TECHNOLOGIES
AND ENERGY EFFICIENCY. THE APPOINTED MEMBERS OF THE COMMITTEE SHALL HAVE
NO DIRECT FINANCIAL INTEREST IN THE ALLOCATION OF THE MONIES IN THE
CLEAN ENERGY FUND. THE AUTHORITY, IN CONSULTATION WITH THE ADVISORY
COMMITTEE, SHALL ESTABLISH EVALUATION PROTOCOLS TO JUDGE THE SUCCESS OF
THE CLEAN ENERGY FUND, AND SHALL PERIODICALLY CONTRACT FOR INDEPENDENT
REVIEW OF FUND MANAGEMENT.
4. ON OR BEFORE JULY FIRST, TWO THOUSAND FIFTEEN AND ANNUALLY THERE-
AFTER, THE AUTHORITY SHALL ISSUE A REPORT TO THE PUBLIC SERVICE COMMIS-
SION, THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAK-
ER OF THE ASSEMBLY IDENTIFYING THE CLEAN ENERGY FUND BALANCE, PROJECTED
REVENUES AND EXPENDITURES, PROGRAM ACHIEVEMENTS, AND ALL OTHER RELEVANT
INFORMATION.
S 11. Severability. If any clause, sentence, paragraph, section or
part of this act shall be adjudged by any court of competent jurisdic-
tion to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof, but shall be confined in its operation to the
clause, sentence, paragraph, section or part thereof directly involved
in the controversy in which such judgment shall have been rendered.
S 12. This act shall take effect immediately, provided that sections
two and three of this act shall apply to taxable years beginning on or
after January 1, 2015.