senate Bill S7739

2013-2014 Legislative Session

Enacts the New York sun act of 2014

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 03, 2014 referred to energy and telecommunications

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S7739 - Bill Details

See Assembly Version of this Bill:
A5060E
Current Committee:
Law Section:
Public Service Law
Laws Affected:
Add §66-n, Pub Serv L

S7739 - Bill Texts

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Enacts the New York sun act of 2014; establishes a solar energy incentive and financing program.

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BILL NUMBER:S7739

TITLE OF BILL: An act to amend the public service law, in relation to
establishing a solar incentive and financing program

PURPOSE: To establish a solar incentive program that includes an
extension of certain existing programs

SUMMARY OF PROVISIONS: The bill amends the public service law in
respect to the solar incentive program defining "Electric distribution
company" and "Qualified solar photovoltaic generating system". The
bill takes focus on the modifications to its existing programs that
encourage the development of qualified solar photovoltaic generating
systems. The program modifications will require administration by the
NYS Energy Research and Development Authority; planned annual
expenditures; diversity of project; incentive structures that maximize
cost effectiveness, participation and the economic benefits to NYS.

JUSTIFICATION: New York State must take measures to ensure that it
remains at the forefront of economical power generation and the
delivery of alternative and cleaner power. This legislation provides
appropriate incentives for solar power generation by including a long
term strategy for solar expansion with an equally important goal of
minimizing negative rate payer impacts.

This legislation also seeks to capitalize on the growing solar and
energy storage segments of the energy sector. At the present time, New
York State is experiencing a lag in the development of these segments
of the renewable energy sector when compared to other states. Part of
the problem has been that theme is no clear incentive for businesses
to make capital investments in solar and energy storage development.
This is both a necessary and prudent step because it will help New
York meet its goals for renewable energy. And, just as importantly,
it will help to create solar and energy storage manufacturing and
marketing jobs in New York State, rather than see them Created in
another state or even worse, another country.

LEGISLATIVE HISTORY: None

FISCAL IMPLICATIONS: To be determined

LOCAL FISCAL IMPLICATIONS: To be determined

EFFECTIVE DATE: This bill shall take effect immediately

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

                                  7739

                            I N  S E N A T E

                              June 3, 2014
                               ___________

Introduced  by  Sen. LATIMER -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations

AN  ACT  to  amend the public service law, in relation to establishing a
  solar incentive and financing program

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

  Section  1.  Short  title. This act shall be known and may be cited as
the "NY Sun Act of 2014".
  S 2. The public service law is amended by adding a new section 66-n to
read as follows:
  S 66-N. SOLAR INCENTIVE AND FINANCING PROGRAM.  1.  AS  USED  IN  THIS
SECTION:
  (A)  "ELECTRIC  DISTRIBUTION COMPANY" MEANS AN INVESTOR-OWNED ELECTRIC
CORPORATION THAT DISTRIBUTES AND DELIVERS ELECTRICITY WITHIN THIS  STATE
AND HAS ANNUAL REVENUES IN EXCESS OF TWO HUNDRED MILLION DOLLARS; AND
  (B)  (I)  "QUALIFIED  SOLAR  PHOTOVOLTAIC  GENERATING  SYSTEM" MEANS A
SYSTEM OF COMPONENTS THAT GENERATES ELECTRICITY FROM 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, THAT IS (A)
INSTALLED AND OPERATED IN NEW YORK  STATE  WITHIN  ONE  OF  THE  SERVICE
TERRITORIES  OF  AN  ELECTRIC  DISTRIBUTION  COMPANY  AS DEFINED IN THIS
SECTION, AND (B) INSTALLED AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN.
  (II) A  QUALIFIED  SOLAR  PHOTOVOLTAIC  GENERATING  SYSTEM  SHALL  NOT
INCLUDE:  (A)  A  SOLAR PHOTOVOLTAIC GENERATING SYSTEM OWNED BY A PUBLIC
AUTHORITY, WHERE SUCH AUTHORITY DOES NOT CONSUME ALL OF THE  ELECTRICITY
PRODUCED  AND  INSTEAD  SELLS  ALL  OR  A PORTION OF SAID ELECTRICITY TO
ANOTHER ENTITY, OTHER THAN WHEN  SAID  AUTHORITY  USES  SUCH  SYSTEM  TO
ENGAGE IN NET ENERGY METERING AS DEFINED IN PARAGRAPH (C) OF SUBDIVISION
ONE OF SECTION SIXTY-SIX-J OF THIS ARTICLE, AND (B) A SOLAR PHOTOVOLTAIC
GENERATING SYSTEM THAT IS OWNED BY AN ELECTRIC DISTRIBUTION COMPANY.
  2.  WITHIN  FORTY-FIVE DAYS OF THE EFFECTIVE DATE OF THIS SECTION, THE
COMMISSION SHALL COMMENCE THE  CONSIDERATION  OF  MODIFICATIONS  TO  ITS
EXISTING  PROGRAMS  THAT  ENCOURAGE  THE  DEVELOPMENT OF QUALIFIED SOLAR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04599-09-4

S. 7739                             2

PHOTOVOLTAIC GENERATING SYSTEMS AND, NO LATER THAN SEPTEMBER FIRST,  TWO
THOUSAND FIFTEEN, THE COMMISSION SHALL MAKE A DETERMINATION ESTABLISHING
MODIFICATIONS TO ITS EXISTING PROGRAMS THAT ENCOURAGE THE DEVELOPMENT OF
QUALIFIED SOLAR PHOTOVOLTAIC GENERATING SYSTEMS IN CONFORMANCE WITH THIS
SECTION.  THE  DEPARTMENT  SHALL  CONSULT WITH THE NEW YORK STATE ENERGY
RESEARCH AND DEVELOPMENT AUTHORITY IN THE PREPARATION OF ITS RECOMMENDA-
TIONS TO THE COMMISSION FOR SUCH DETERMINATION.  THE  PROGRAM  MODIFICA-
TIONS SHALL REQUIRE:
  (A)  ADMINISTRATION BY THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP-
MENT AUTHORITY;
  (B) PLANNED STATEWIDE ANNUAL EXPENDITURES INCLUDING  ALL  COSTS  OF  A
MINIMUM  OF ONE HUNDRED FIFTY MILLION DOLLARS, TAKING INTO CONSIDERATION
THE SOLAR-BASED PROGRAMS ADMINISTERED BY THE LONG ISLAND POWER  AUTHORI-
TY,  COMMENCING IN CALENDAR YEAR TWO THOUSAND FIFTEEN AND SUSTAINED EACH
YEAR THROUGH CALENDAR YEAR TWO THOUSAND TWENTY-FOUR;
  (C) A DIVERSITY OF PROJECT SIZES, GEOGRAPHIC DISTRIBUTION, AND PARTIC-
IPATION AMONG CUSTOMER CLASSES, SUBJECT TO COST-EFFECTIVENESS  CONSIDER-
ATIONS;
  (D) INCENTIVE OR FINANCING STRUCTURES THAT MAXIMIZE COST-EFFECTIVENESS
AND  PRACTICALITY  THROUGH  COMPETITIVE  PROCUREMENTS,  STANDING-OFFERS,
PRODUCTION INCENTIVES OR CAPACITY INCENTIVES AT THE WHOLESALE OR  RETAIL
LEVEL  AS  IN THE JUDGMENT OF THE COMMISSION PROVIDE FOR THE MOST EFFEC-
TIVE PROGRAM;
  (E) FOR PROJECTS  EXCEEDING  100  KILOWATTS,  INCENTIVE  OR  FINANCING
STRUCTURES  THAT  TAKE  INTO  CONSIDERATION THE ECONOMIC BENEFITS TO THE
STATE OF NEW YORK;
  (F) PROGRAM DESIGNS THAT TAKE  INTO  CONSIDERATION  THE  AVOIDANCE  OF
LONG-TERM  COSTS TO THE TRANSMISSION AND DISTRIBUTION SYSTEM AND MINIMI-
ZATION OF PEAK LOAD IN CONSTRAINED AREAS;
  (G) ANNUAL REPORTS  ON  THE  ACHIEVEMENTS  AND  EFFECTIVENESS  OF  THE
PROGRAM; AND
  (H) SUCH OTHER ISSUES DEEMED APPROPRIATE BY THE COMMISSION.
  S 3. This act shall take effect immediately.

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