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

                                  4757

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2015
                               ___________

Introduced  by M. of A. QUART -- Multi-Sponsored by -- M. of A. ROZIC --
  read once and referred to the Committee on Energy

AN ACT to amend the public service law, in relation  to  establishing  a
  renewable portfolio standard

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

  Section 1. The public service law is amended by adding a  new  article
12 to read as follows:
                               ARTICLE 12
                      RENEWABLE PORTFOLIO STANDARD
SECTION 250. PURPOSE AND SCOPE.
        251. DEFINITIONS.
        252. AMOUNT OF RENEWABLE ENERGY REQUIRED.
        253. ENERGY  THAT QUALIFIES FOR A SOLAR RENEWABLE ENERGY CERTIF-
               ICATE; REGISTRATION REQUIREMENT.
        254. USING RENEWABLE ENERGY  CERTIFICATES  AND  SOLAR  RENEWABLE
               ENERGY  CERTIFICATES  FOR  RENEWABLE  PORTFOLIO  STANDARD
               COMPLIANCE.
        255. ISSUANCE OF RENEWABLE ENERGY CERTIFICATES AND SOLAR RENEWA-
               BLE ENERGY CERTIFICATES.
        256. ALTERNATIVE COMPLIANCE PAYMENTS.
        257. DEMONSTRATING COMPLIANCE, REPORTING AND RECORDKEEPING.
        258. ENFORCEMENT.
  S 250. PURPOSE AND SCOPE. 1.  EACH  ELECTRIC  CORPORATION  THAT  SELLS
ELECTRICITY  TO RETAIL CUSTOMERS IN NEW YORK STATE, SHALL INCLUDE IN ITS
ELECTRIC ENERGY PORTFOLIO ELECTRICITY GENERATED  FROM  RENEWABLE  ENERGY
SOURCES. THIS ARTICLE IS DESIGNED TO ENCOURAGE THE DEVELOPMENT OF RENEW-
ABLE  SOURCES  OF  ELECTRICITY  AND  NEW, CLEANER GENERATION TECHNOLOGY;
MINIMIZE THE ENVIRONMENTAL IMPACT OF AIR POLLUTANT EMISSIONS FROM  ELEC-
TRIC GENERATION; REDUCE POSSIBLE TRANSPORT OF EMISSIONS AND MINIMIZE ANY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04504-01-5

              

A. 4757                             2

ADVERSE ENVIRONMENTAL IMPACT FROM DEREGULATION OF ENERGY GENERATION; AND
SUPPORT THE RELIABILITY OF THE SUPPLY OF ELECTRICITY IN THE STATE.
  2.  THIS ARTICLE GOVERNS THE RETAIL ELECTRICITY SALES OF EACH ELECTRIC
CORPORATION.   THIS ARTICLE DOES NOT  GOVERN  INSTALLED  CAPACITY  OBLI-
GATIONS.
  3.  THIS  ARTICLE DOES NOT APPLY TO A PRIVATE OR GOVERNMENT AGGREGATOR
THAT CONTRACTS FOR  ELECTRIC  GENERATION  SERVICE  OR  ELECTRIC  RELATED
SERVICES,  EITHER  SEPARATELY  OR  BUNDLED, FOR ITS OWN FACILITIES OR ON
BEHALF OF OTHER BUSINESS AND RESIDENTIAL CUSTOMERS IN THIS  STATE.  THIS
ARTICLE  DOES NOT APPLY TO AN ENERGY AGENT. AN ELECTRIC CORPORATION THAT
IS CONTRACTUALLY OBLIGATED TO SELL ELECTRICITY TO  AN  AGGREGATOR  SHALL
COMPLY  WITH THIS ARTICLE BY INCLUDING THE AMOUNT SOLD TO THE AGGREGATOR
AS PART OF ITS ENERGY PORTFOLIO.
  S 251. DEFINITIONS. AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHER-
WISE REQUIRES, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1. "ALTERNATIVE COMPLIANCE PAYMENT"  MEANS  A  PAYMENT  OF  A  CERTAIN
DOLLAR  AMOUNT  PER  MEGAWATT  HOUR,  WHICH  AN ELECTRIC CORPORATION MAY
SUBMIT TO COMPLY WITH THE RENEWABLE ENERGY REQUIREMENT SET FORTH IN THIS
ARTICLE.
  2. "ATTRIBUTE" MEANS  A  CHARACTERISTIC  ASSOCIATED  WITH  ELECTRICITY
GENERATED  USING  A  PARTICULAR  RENEWABLE  FUEL, SUCH AS ITS GENERATION
DATE, FACILITY GEOGRAPHIC  LOCATION,  UNIT  VINTAGE,  EMISSIONS  OUTPUT,
FUEL,  STATE  PROGRAM  ELIGIBILITY,  OR OTHER CHARACTERISTIC THAT CAN BE
IDENTIFIED, ACCOUNTED, AND TRACKED.
  3. "BIOENERGY CROP" MEANS PLANTS CULTIVATED AND HARVESTED SPECIFICALLY
FOR USE AS FUEL FOR THE PURPOSE OF GENERATING ELECTRICITY.
  4. "BIOMASS" MEANS ANY ORGANIC MATTER THAT IS AVAILABLE ON A RENEWABLE
OR RECURRING BASIS (EXCLUDING OLD-GROWTH  TIMBER),  INCLUDING  DEDICATED
ENERGY CROPS AND TREES, AGRICULTURAL FOOD AND FEED CROP RESIDUES, AQUAT-
IC  PLANTS, WOOD AND WOOD RESIDUES, ANIMAL WASTES, AND OTHER WASTE MATE-
RIALS.
  5. "BLACK LIQUOR" MEANS A VISCOUS LIQUID CONTAINING  INORGANIC  CHEMI-
CALS  AND  ORGANIC MATERIAL SUCH AS LIGNIN AND ALIPHATIC ACIDS, WHICH IS
SEPARATED FROM WOOD DURING CHEMICAL PULPING.
  6. "ENERGY PORTFOLIO" MEANS ALL OF THE ELECTRICAL ENERGY SUPPLIED BY A
PARTICULAR ELECTRIC POWER SUPPLIER OR BASIC GENERATION SERVICE  PROVIDER
TO RETAIL CUSTOMERS IN THE STATE.
  7.  "ENERGY  YEAR"  MEANS  THE  TWELVE  MONTH  PERIOD FROM APRIL FIRST
THROUGH MARCH THIRTY-FIRST AND SHALL BE NUMBERED ACCORDING TO THE CALEN-
DAR YEAR IN WHICH IT ENDS.
  8. "FOSSIL FUEL" MEANS NATURAL GAS, PETROLEUM, COAL, OR ANY  FORM,  OF
SOLID, LIQUID, OR GASEOUS FUEL DERIVED FROM SUCH MATERIAL.
  9.  "FUEL CELL" MEANS AN ELECTROCHEMICAL DEVICE THAT CONVERTS CHEMICAL
ENERGY IN A HYDROGEN OR HYDROGEN-RICH FUEL  DIRECTLY  INTO  ELECTRICITY,
WITHOUT COMBUSTION.
  10. "GENERATION ATTRIBUTE TRACKING SYSTEM" MEANS THE ENVIRONMENTAL AND
EMISSIONS  ATTRIBUTES  TRACKING  SYSTEM  FOR ELECTRIC GENERATION THAT IS
ADMINISTERED BY NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY
PURSUANT TO SUBDIVISION NINETEEN OF SECTION EIGHTEEN HUNDRED  FIFTY-FOUR
OF THE PUBLIC AUTHORITIES LAW.
  11.  "GEOTHERMAL  ENERGY"  MEANS  ENERGY GENERATED BY A STEAM TURBINE,
DRIVEN BY HOT WATER OR STEAM EXTRACTED FROM GEOTHERMAL RESERVOIRS IN THE
EARTH'S CRUST.
  12. "INSTALLED CAPACITY OBLIGATION" MEANS THE REQUIREMENT FOR AN ELEC-
TRIC POWER SUPPLIER OR BASIC GENERATION SERVICE PROVIDER  TO  OBTAIN  AN
AMOUNT  OF  ELECTRICAL  GENERATION  CAPACITY  TO MEET LOAD SERVICE OBLI-

A. 4757                             3

GATIONS UNDER THE RELIABILITY RULES OF THE NEW YORK  INDEPENDENT  SYSTEM
OPERATOR.  INSTALLED  CAPACITY  INCLUDES THE GENERATION CAPACITY WHICH A
COMPANY CONSIDERS PART OF ITS  OWN  ELECTRIC  SYSTEM,  INCLUDING  WHOLLY
OWNED  UNITS,  JOINTLY-OWNED  UNITS,  NON-UTILITY GENERATION (NUGS), AND
PURCHASES.
  13. "NET METERING" MEANS A SYSTEM OF METERING AND  BILLING  FOR  ELEC-
TRICITY  IN  WHICH THE ELECTRIC CORPORATION OR THE ELECTRIC DISTRIBUTION
COMPANY:
  (A) CREDITS A CUSTOMER-GENERATOR AT THE  FULL  RETAIL  RATE  FOR  EACH
KILOWATT-HOUR  PRODUCED  BY  A  RENEWABLE ENERGY SYSTEM INSTALLED ON THE
CUSTOMER-GENERATOR'S SIDE OF THE ELECTRIC REVENUE METER, UP TO THE TOTAL
AMOUNT OF ELECTRICITY USED BY THAT CUSTOMER DURING AN ANNUALIZED PERIOD,
EXCEPT FOR RESIDENTIAL MICRO COMBINED HEAT  AND  POWER  (MICRO-CHP)  AND
FUEL CELL SYSTEMS, WHICH ARE CREDITED AT THE AVOIDED COST RATE; AND
  (B)  COMPENSATES  THE  CUSTOMER-GENERATOR AT THE END OF THE ANNUALIZED
PERIOD FOR ANY REMAINING CREDITS, AT A RATE EQUAL TO THE ELECTRIC CORPO-
RATION'S AVOIDED COST OF WHOLESALE POWER.
  14. "OLD-GROWTH TIMBER" MEANS WOOD OR PLANT MATTER TAKEN FROM A FOREST
IN THE LATE SUCCESSIONAL STAGE OF FOREST  DEVELOPMENT,  INCLUDING  PLANT
MATTER  TAKEN  FROM  THE FOREST FLOOR. LATE SUCCESSIONAL FORESTS CONTAIN
LIVE AND DEAD TREES OF VARIOUS  SIZES,  SPECIES,  COMPOSITION,  AND  AGE
CLASS  STRUCTURE.  THE  AGE  AND  STRUCTURE  OF OLD-GROWTH TIMBER VARIES
SIGNIFICANTLY BY FOREST TYPE AND FROM ONE BIOGEOCLIMATIC ZONE TO  ANOTH-
ER.
  15.  "QUALIFICATION  LIFE"  MEANS,  FOR  ANY SOLAR ELECTRIC GENERATION
FACILITY, THE PERIOD BEGINNING ON THE DATE ON  WHICH  THE  FACILITY  WAS
AUTHORIZED  TO  ENERGIZE AND ENDING ON THE FIRST MARCH THIRTY-FIRST THAT
IS AT LEAST FIFTEEN YEARS AFTER THE DATE OF AUTHORIZATION TO ENERGIZE. A
SOLAR FACILITY'S QUALIFICATION LIFE APPLIES TO THE FACILITY ITSELF,  AND
TO  EACH  PIECE OF EQUIPMENT INCLUDED IN THE FACILITY, REGARDLESS OF ANY
INTERRUPTION IN THE SOLAR FACILITY'S OPERATION; OR OF  ANY  DISASSEMBLY,
RELOCATION,  SALE  OR TRANSFER OF ANY PIECE OF EQUIPMENT INCLUDED IN THE
FACILITY.
  16. "RENEWABLE ENERGY CERTIFICATE" MEANS  A  CERTIFICATE  REPRESENTING
THE  ENVIRONMENTAL BENEFITS OR ATTRIBUTES OF ONE MEGAWATT-HOUR OF GENER-
ATION FROM A GENERATING FACILITY THAT  PRODUCES  RENEWABLE  ENERGY,  BUT
SHALL NOT INCLUDE A SOLAR RENEWABLE ENERGY CERTIFICATE.
  17. "RENEWABLE FUEL" MEANS A FUEL THAT IS NATURALLY REGENERATED OVER A
SHORT  TIME  SCALE  AND IS EITHER DERIVED FROM THE SUN (SUCH AS THERMAL,
PHOTOCHEMICAL OR PHOTOELECTRIC), OR FROM OTHER NATURAL SOURCES  SUCH  AS
WIND,  HYDROPOWER, GEOTHERMAL AND TIDAL ENERGY, OR PHOTOSYNTHETIC ENERGY
STORED IN BIOMASS. THIS TERM DOES NOT INCLUDE A  FOSSIL  FUEL,  A  WASTE
PRODUCT  FROM  A  FOSSIL  SOURCE,  OR  A WASTE PRODUCT FROM AN INORGANIC
SOURCE.
  18. "RESOURCE RECOVERY FACILITY" MEANS A  SOLID  WASTE  FACILITY  THAT
INCINERATES  SOLID WASTE FOR THE PURPOSES OF PRODUCING ENERGY AND RECOV-
ERING METALS AND OTHER MATERIALS FOR REUSE.
  19. "SOLAR ALTERNATIVE  COMPLIANCE  PAYMENT"  MEANS  A  PAYMENT  OF  A
CERTAIN  DOLLAR  AMOUNT PER MEGAWATT-HOUR, WHICH AN ELECTRIC CORPORATION
MAY SUBMIT TO THE COMMISSION TO COMPLY WITH THE  SOLAR  ELECTRIC  GENER-
ATION REQUIREMENTS SET FORTH IN THIS ARTICLE.
  20.  "SOLAR  ELECTRIC  GENERATING  FACILITY" OR "SOLAR FACILITY" MEANS
EQUIPMENT USED TO PRODUCE SOLAR ELECTRIC GENERATION.
  21. "SOLAR ELECTRIC GENERATION" MEANS CREATION OF ELECTRICITY USING  A
SYSTEM  THAT  EMPLOYS  SOLAR  RADIATION TO PRODUCE ENERGY THAT POWERS AN

A. 4757                             4

ELECTRIC GENERATOR.   SOLAR ELECTRIC  GENERATION  INCLUDES  TECHNOLOGIES
THAT UTILIZE THE PHOTOVOLTAIC EFFECT.
  22. "SOLAR RENEWABLE ENERGY CERTIFICATE" MEANS A CERTIFICATE ISSUED BY
THE  COMMISSION  OR  ITS DESIGNEE, WHICH REPRESENTS ONE MEGAWATT-HOUR OF
SOLAR ENERGY THAT IS GENERATED BY A FACILITY CONNECTED TO  THE  DISTRIB-
UTION  SYSTEM  IN NEW YORK, AND HAS VALUE BASED UPON, AND DRIVEN BY, THE
ENERGY MARKET.
  23. "VOLUNTARY CLEAN ELECTRICITY MARKET" OR "VOLUNTARY CLEAN ELECTRIC-
ITY PROGRAM" MEANS ANY PROGRAM,  SYSTEM,  MARKET  OR  PROCEDURE  THROUGH
WHICH RETAIL ELECTRIC CUSTOMERS MAY ELECT TO PURCHASE A RENEWABLE ENERGY
PRODUCT  ON  A  VOLUNTARY BASIS. NEW YORK'S POWER TO CHOOSE PROGRAM IS A
VOLUNTARY CLEAN ELECTRICITY PROGRAM.
  S 252. AMOUNT OF RENEWABLE ENERGY REQUIRED. 1.  EACH  ELECTRIC  CORPO-
RATION  THAT  SELLS  ELECTRICITY  TO RETAIL CUSTOMERS IN THE STATE SHALL
ENSURE THAT THE ELECTRICITY IT SELLS  EACH  ENERGY  YEAR  IN  THE  STATE
INCLUDES  AT  LEAST  THE  MINIMUM  AMOUNT  OF QUALIFIED RENEWABLE ENERGY
REQUIRED FOR THAT ENERGY YEAR. THE MINIMUM AMOUNT OF QUALIFIED RENEWABLE
ENERGY SHALL BE:
  (A) FOR ENERGY YEARS TWO THOUSAND SEVENTEEN THROUGH TWO THOUSAND TWEN-
TY-ONE, THIRTY PERCENT;
  (B) FOR ENERGY YEAR TWO THOUSAND TWENTY-TWO,  FORTY  PERCENT  WITH  AT
LEAST TWO PERCENT DERIVED FROM SOLAR ENERGY.
  2. THE COMMISSION SHALL ADOPT RULES SETTING MINIMUM AMOUNTS OF RENEWA-
BLE  ENERGY  REQUIRED FOR ENERGY YEAR TWO THOUSAND TWENTY-THREE AND EACH
SUBSEQUENT ENERGY YEAR. THE MINIMUM AMOUNTS OF RENEWABLE ENERGY REQUIRED
SHALL BE NO LOWER THAN THOSE REQUIRED FOR ENERGY YEAR TWO THOUSAND TWEN-
TY-TWO. THE COMMISSION, IN CONSULTATION WITH THE DEPARTMENT OF  ENVIRON-
MENTAL CONSERVATION, ELECTRIC DISTRIBUTION COMPANIES, THE UTILITY INTER-
VENTION  UNIT OF THE DEPARTMENT OF STATE, THE PUBLIC UTILITY LAW PROJECT
OF NEW YORK, INC., THE SOLAR ENERGY INDUSTRY AND RELEVANT  STAKEHOLDERS,
SHALL  PERIODICALLY  CONSIDER  INCREASING THE RENEWABLE ENERGY PORTFOLIO
STANDARDS BEYOND THE MINIMUM AMOUNTS SET FORTH IN THIS  CHAPTER,  TAKING
INTO  ACCOUNT  THE  COST  IMPACTS  AND PUBLIC BENEFITS OF SUCH INCREASES
INCLUDING, BUT NOT LIMITED TO:
  (A) REDUCTIONS IN AIR POLLUTION, WATER POLLUTION, LAND DISTURBANCE AND
GREENHOUSE GAS EMISSIONS;
  (B) REDUCTIONS IN PEAK DEMAND FOR ELECTRICITY AND NATURAL GAS AND  THE
OVERALL IMPACT ON THE COSTS TO ELECTRICITY AND NATURAL GAS CUSTOMERS;
  (C)  INCREASES IN RENEWABLE ENERGY DEVELOPMENT, MANUFACTURING, INVEST-
MENT AND JOB CREATION OPPORTUNITIES IN NEW YORK; AND
  (D) REDUCTIONS IN STATE AND NATIONAL DEPENDENCE ON FOSSIL FUELS.
  3. AN ELECTRIC CORPORATION SHALL MEET THE REQUIREMENTS FOR SOLAR ELEC-
TRIC GENERATION THROUGH:
  (A) RETIREMENT OF SOLAR RENEWABLE ENERGY CERTIFICATES THROUGH A RENEW-
ABLE ENERGY TRADING PROGRAM APPROVED BY THE COMMISSION  IN  CONSULTATION
WITH THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION; OR
  (B) SUBMITTAL OF ONE OR MORE SOLAR ALTERNATIVE COMPLIANCE PAYMENTS.
  4.  THE  FOLLOWING  SHALL  APPLY  TO  THE  TYPE OF ENERGY, AND TYPE OF
DOCUMENTATION, USED FOR COMPLIANCE WITH EACH OF THE REQUIREMENTS IN THIS
ARTICLE:
  (A) SOLAR RENEWABLE ENERGY  CERTIFICATES  MAY  BE  USED  TO  MEET  ANY
REQUIREMENT FOR SOLAR ELECTRIC GENERATION;
  (B) RENEWABLE ENERGY CERTIFICATES MAY BE USED TO MEET RENEWABLE ENERGY
REQUIREMENTS,  BUT  SHALL  NOT BE USED TO MEET SOLAR ELECTRIC GENERATION
REQUIREMENTS.

A. 4757                             5

  5. AN ELECTRIC CORPORATION SHALL NOT DEMONSTRATE COMPLIANCE WITH  THIS
ARTICLE USING DIRECT SUPPLY OF ANY TYPE OF RENEWABLE ENERGY.
  6.  THE  SAME  RENEWABLE ENERGY SHALL NOT BE USED FOR MORE THAN ONE OF
THE FOLLOWING:
  (A) CREATION OF A SOLAR RENEWABLE ENERGY CERTIFICATE; OR
  (B) CREATION OF A RENEWABLE ENERGY CERTIFICATE; OR
  (C) CREATION OF A RENEWABLE ENERGY CERTIFICATE, OR OF ANY  OTHER  TYPE
OF ATTRIBUTE OR CREDIT, UNDER AUTHORITY OTHER THAN THE AUTHORITY GRANTED
IN  SECTION  TWO  HUNDRED  FIFTY-FIVE  OF  THIS  ARTICLE SUCH AS ANOTHER
STATE'S RENEWABLE ENERGY STANDARDS OR ANY  VOLUNTARY  CLEAN  ELECTRICITY
MARKET OR VOLUNTARY CLEAN ELECTRICITY PROGRAM.
  7. EACH MEGAWATT-HOUR OF RETAIL ELECTRICITY SUPPLIED IN NEW YORK BY AN
ELECTRIC CORPORATION SUBJECT TO THIS ARTICLE CARRIES WITH IT AN ACCOMPA-
NYING  SOLAR  OBLIGATION.  ALL  ELECTRIC  CORPORATION SOLAR OBLIGATIONS,
TAKEN TOGETHER, MUST EQUAL THE STATEWIDE SOLAR OBLIGATION SET  FORTH  IN
SUBDIVISION   NINE   OF  THIS  SECTION  FOR  ENERGY  YEAR  TWO  THOUSAND
TWENTY-TWO.
  8.  FOR  ELECTRICITY  SUPPLIED  DURING  ENERGY   YEAR   TWO   THOUSAND
TWENTY-TWO, AN ELECTRIC CORPORATION SHALL CALCULATE ITS SOLAR OBLIGATION
AS  TWO  PERCENT  OF  THE  TOTAL ENERGY GENERATED BY THE ELECTRIC CORPO-
RATION.
  9. THE TOTAL STATEWIDE SOLAR OBLIGATION SHALL BE TWO  PERCENT  OF  THE
TOTAL ELECTRICITY SOLD TO ALL RETAIL CUSTOMERS.
  S 253. ENERGY THAT QUALIFIES FOR A SOLAR RENEWABLE ENERGY CERTIFICATE;
REGISTRATION  REQUIREMENT.  1.  TO  BE  ELIGIBLE TO FORM THE BASIS FOR A
SOLAR RENEWABLE ENERGY CERTIFICATE USABLE FOR COMPLIANCE WITH THIS ARTI-
CLE, ELECTRICITY SHALL MEET ALL REQUIREMENTS IN THIS SECTION, AS WELL AS
ALL OTHER APPLICABLE REQUIREMENTS  IN  THIS  CHAPTER.  THE  REGISTRATION
PROCESS  REQUIRED IN THIS SECTION FOR CONSTRUCTION OF NEW SOLAR ELECTRIC
GENERATION FACILITIES IS INTENDED  TO  PROVIDE  ADVANCE  NOTICE  TO  THE
PUBLIC AND THE RENEWABLE ENERGY MARKETS WHEN INCREASES IN SOLAR ELECTRIC
GENERATION  CAPACITY  IN THE STATE ARE PLANNED. THE REGISTRATION PROCESS
SHALL BE ADMINISTERED BY THE COMMISSION OR ITS DESIGNEE.
  2. TO BE ELIGIBLE FOR ISSUANCE OF A SOLAR RENEWABLE ENERGY CERTIFICATE
USABLE FOR COMPLIANCE WITH THIS ARTICLE, ELECTRICITY SHALL:
  (A) MEET THE DEFINITION OF SOLAR ELECTRIC GENERATION  IN  SECTION  TWO
HUNDRED FIFTY-ONE OF THIS ARTICLE;
  (B) BE GENERATED AT A FACILITY THAT HAS BEEN ISSUED EITHER:
  (I)  FOR INSTALLATIONS WITH A NAMEPLATE GENERATING CAPACITY OF TWENTY-
FIVE THOUSAND KILOWATTS OR MORE, A CERTIFICATE FROM THE NEW  YORK  STATE
BOARD  ON  ELECTRIC  GENERATION  SITING  AND THE ENVIRONMENT PURSUANT TO
ARTICLE TEN OF THIS CHAPTER; OR
  (II) FOR INSTALLATIONS WITH A NAMEPLATE GENERATING  CAPACITY  OF  LESS
THAN  TWENTY-FIVE  THOUSAND  KILOWATTS,  THE RELEVANT PERMITS OR CERTIF-
ICATES ISSUED BY THE LOCAL AUTHORITY.
  (C) BE GENERATED DURING THE GENERATING FACILITY'S QUALIFICATION  LIFE.
SOLAR  ELECTRIC GENERATION PRODUCED AFTER THE END OF A FACILITY'S QUALI-
FICATION LIFE SHALL NOT BE USED AS THE BASIS FOR A SOLAR RENEWABLE ENER-
GY CERTIFICATE; AND
  (D) BE GENERATED USING EQUIPMENT THAT MEETS EITHER  OF  THE  FOLLOWING
CRITERIA:
  (I) THE EQUIPMENT IS NEW; OR
  (II)  THE  EQUIPMENT  WAS  PREVIOUSLY USED IN A SOLAR FACILITY WITH AN
UNEXPIRED QUALIFICATION LIFE AND ALL OF THE FOLLOWING CRITERIA ARE MET:
  (1) THE PREVIOUS SOLAR FACILITY WAS LOCATED IN NEW YORK;
  (2) THE PREVIOUS SOLAR FACILITY WAS ISSUED EITHER:

A. 4757                             6

  (A) FOR INSTALLATIONS WITH A NAMEPLATE GENERATING CAPACITY OF  TWENTY-
FIVE  THOUSAND  KILOWATTS OR MORE, A CERTIFICATE FROM THE NEW YORK STATE
BOARD ON ELECTRIC GENERATION SITING  AND  THE  ENVIRONMENT  PURSUANT  TO
ARTICLE TEN OF THIS CHAPTER; OR
  (B)  FOR  INSTALLATIONS  WITH  A NAMEPLATE GENERATING CAPACITY OF LESS
THAN TWENTY-FIVE THOUSAND KILOWATTS, THE  RELEVANT  PERMITS  OR  CERTIF-
ICATES ISSUED BY THE LOCAL AUTHORITY.
  (3)  THERE  ARE  AT LEAST TWELVE FULL MONTHS LEFT IN THE QUALIFICATION
LIFE OF THE PREVIOUS SOLAR FACILITY; AND
  (4) ANY SALE OR OTHER TRANSFER OF THE EQUIPMENT DURING THE  QUALIFICA-
TION  LIFE  OF  THE PREVIOUS SOLAR FACILITY IS RECORDED WITH THE COMMIS-
SION.
  3. TO COMPLY WITH PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION,  A
SOLAR ELECTRIC GENERATING FACILITY:
  (A)  FOR INSTALLATIONS WITH A NAMEPLATE GENERATING CAPACITY OF TWENTY-
FIVE THOUSAND KILOWATTS OR MORE, THAT WAS NOT ISSUED A CERTIFICATE  FROM
THE  NEW YORK STATE BOARD ON ELECTRIC GENERATION SITING AND THE ENVIRON-
MENT PURSUANT TO ARTICLE TEN OF THIS CHAPTER PRIOR TO THE EFFECTIVE DATE
OF THIS ARTICLE SHALL OBTAIN SUCH A CERTIFICATE THROUGH THE REGISTRATION
PROCESS ESTABLISHED PURSUANT TO SUBDIVISION SIX OF THIS SECTION; OR
  (B) FOR INSTALLATIONS WITH A NAMEPLATE  GENERATING  CAPACITY  OF  LESS
THAN  TWENTY-FIVE  THOUSAND  KILOWATTS, THAT WAS NOT ISSUED THE RELEVANT
PERMITS OR CERTIFICATES ISSUED BY  THE  LOCAL  AUTHORITY  PRIOR  TO  THE
EFFECTIVE  DATE  OF  THIS  ARTICLE  SHALL OBTAIN THE RELEVANT PERMITS OR
CERTIFICATES ISSUED BY THE  LOCAL  AUTHORITY  THROUGH  THE  REGISTRATION
PROCESS ESTABLISHED PURSUANT TO SUBDIVISION SIX OF THIS SECTION.
  4. A SOLAR ELECTRIC GENERATING FACILITY, AND ALL EQUIPMENT INCLUDED IN
OR APPURTENANT TO THE SOLAR FACILITY, SHALL PERMANENTLY RETAIN THE QUAL-
IFICATION  LIFE ORIGINALLY ASSIGNED TO THE SOLAR FACILITY, REGARDLESS OF
ANY INTERRUPTION IN THE SOLAR FACILITY'S OPERATION, OR  ANY  RELOCATION,
SALE OR TRANSFER OF THE FACILITY OR OF ANY OF THE EQUIPMENT.
  5.  IF  THE APPLICABLE SUBMITTAL DEADLINE IN SUBDIVISION THREE OF THIS
SECTION IS MET, SOLAR RENEWABLE ENERGY CERTIFICATES, BASED ON  ELECTRIC-
ITY GENERATED BY THE SOLAR FACILITY, SHALL BE USABLE FOR COMPLIANCE WITH
THIS  CHAPTER IMMEDIATELY UPON THE ISSUANCE OF EITHER A CERTIFICATE FROM
THE NEW YORK STATE BOARD ON ELECTRIC GENERATION SITING AND THE  ENVIRON-
MENT  PURSUANT TO ARTICLE TEN OF THIS CHAPTER OR THE RELEVANT PERMITS OR
CERTIFICATES ISSUED BY THE LOCAL AUTHORITY FOR THE FACILITY, SUBJECT  TO
ANY  OTHER  APPLICABLE  LIMITS  ON USE OF SOLAR RENEWABLE ENERGY CERTIF-
ICATES.  IF THE APPLICABLE DEADLINE IS  NOT  MET,  ANY  SOLAR  RENEWABLE
ENERGY CERTIFICATES BASED ON ELECTRICITY GENERATED BY THE SOLAR FACILITY
SHALL NOT BE USABLE FOR COMPLIANCE WITH THIS ARTICLE UNTIL TWELVE MONTHS
AFTER  THE  SOLAR  FACILITY  HAS  RECEIVED  AUTHORIZATION TO ENERGIZE IN
ACCORDANCE WITH THE COMMISSION'S STANDARDIZED INTERCONNECTION RULES.
  6. THE COMMISSION SHALL DETERMINE AND PUBLICIZE THE PROCESS FOR REGIS-
TRATION OF A SOLAR ELECTRIC GENERATING FACILITY WITHIN  NINETY  DAYS  OF
THE  EFFECTIVE DATE OF THIS ARTICLE; PROVIDED, HOWEVER, THAT SUCH REGIS-
TRATION PROCESS SHALL REQUIRE:
  (A) THE SUBMITTAL OF AN INITIAL REGISTRATION NO LATER THAN:
  (I) TEN BUSINESS DAYS AFTER EXECUTION OF THE CONTRACT FOR PURCHASE  OR
INSTALLATION  OF THE PHOTOVOLTAIC PANELS TO BE USED IN THE SOLAR FACILI-
TY;
  (II) IF A CONTRACT FOR PURCHASE OR INSTALLATION OF PHOTOVOLTAIC PANELS
FOR THE SOLAR FACILITY WAS EXECUTED PRIOR TO THE EFFECTIVE DATE OF  THIS
SECTION  THE  DEADLINE  FOR SUBMITTAL OF AN INITIAL REGISTRATION PACKAGE
SHALL BE NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION; OR

A. 4757                             7

  (III) IN A CASE WHERE A  CONDITIONAL  REGISTRATION  OR  EXTENSION  WAS
PREVIOUSLY  ISSUED BUT EXPIRED BEFORE CONSTRUCTION OF THE SOLAR FACILITY
WAS SUBSTANTIALLY COMPLETED, A NEW REGISTRATION PACKAGE SHALL BE SUBMIT-
TED PRIOR TO COMPLETION OF CONSTRUCTION;
  (B)  THAT CONSTRUCTION OF THE SOLAR FACILITY SHALL NOT BEGIN UNTIL THE
COMMISSION HAS ISSUED A CONDITIONAL REGISTRATION FOR THE FACILITY; AND
  (C) THAT CONSTRUCTION OF THE SOLAR FACILITY  SHALL  BE  COMPLETED  AND
LOCAL  CODE  APPROVAL GRANTED PRIOR TO THE EXPIRATION OF THE CONDITIONAL
REGISTRATION OR ANY EXTENSION OF SUCH CONDITIONAL REGISTRATION.
  S 254. USING RENEWABLE ENERGY CERTIFICATES AND SOLAR RENEWABLE  ENERGY
CERTIFICATES FOR RENEWABLE PORTFOLIO STANDARD COMPLIANCE. 1. A RENEWABLE
ENERGY  CERTIFICATE  OR SOLAR RENEWABLE ENERGY CERTIFICATE SHALL BE USED
TO MEET RENEWABLE PORTFOLIO STANDARD REQUIREMENTS  FOR  SPECIFIC  ENERGY
YEARS,  BASED  ON  THE TYPE OF RENEWABLE ENERGY UPON WHICH THE RENEWABLE
ENERGY CERTIFICATE OR SOLAR RENEWABLE ENERGY CERTIFICATE IS  BASED,  AND
THE  ENERGY  YEAR  DURING  WHICH  THE RENEWABLE ENERGY WAS GENERATED, AS
FOLLOWS:
  (A) A SOLAR RENEWABLE ENERGY CERTIFICATE BASED ON ENERGY GENERATED  ON
OR  AFTER  APRIL  FIRST, TWO THOUSAND TWENTY-TWO SHALL BE USED TO COMPLY
WITH RENEWABLE PORTFOLIO  STANDARD  REQUIREMENTS  FOR  ANY  ONE  OF  THE
FOLLOWING THREE ENERGY YEARS:
  (I) THE ENERGY YEAR IN WHICH THE UNDERLYING ENERGY WAS GENERATED; OR
  (II)  EITHER  OF THE TWO ENERGY YEARS IMMEDIATELY FOLLOWING THE ENERGY
YEAR IN WHICH THE UNDERLYING ENERGY WAS GENERATED;
  (B) A SOLAR RENEWABLE ENERGY CERTIFICATE  BASED  ON  ENERGY  GENERATED
BEFORE APRIL FIRST, TWO THOUSAND TWENTY-TWO SHALL BE USED ONLY TO COMPLY
WITH  THE  REQUIREMENTS OF THIS ARTICLE FOR THE ENERGY YEAR DURING WHICH
THE UNDERLYING ENERGY WAS GENERATED, AND/OR THE SUBSEQUENT ENERGY  YEAR;
AND
  2.  ONCE  A  RENEWABLE  ENERGY  CERTIFICATE  OR SOLAR RENEWABLE ENERGY
CERTIFICATE HAS BEEN USED FOR COMPLIANCE WITH THIS ARTICLE, THE  RENEWA-
BLE  ENERGY  CERTIFICATE  OR SOLAR RENEWABLE ENERGY CERTIFICATE SHALL BE
PERMANENTLY RETIRED AND SHALL NOT BE USED AGAIN.
  S 255. ISSUANCE OF RENEWABLE ENERGY CERTIFICATES AND  SOLAR  RENEWABLE
ENERGY  CERTIFICATES. 1. THE NEW YORK STATE ENERGY AND RESEARCH DEVELOP-
MENT AUTHORITY SHALL  ISSUE  RENEWABLE  ENERGY  CERTIFICATES  AND  SOLAR
RENEWABLE ENERGY CERTIFICATES FOR USE IN COMPLYING WITH THIS ARTICLE.
  2.  THE COMMISSION MAY ISSUE AN ORDER DISCONTINUING THE DESIGNATION OF
THE NEW YORK STATE  ENERGY  AND  RESEARCH  DEVELOPMENT  AUTHORITY  UNDER
SUBDIVISION ONE OF THIS SECTION, AND/OR APPROVING USE OF RENEWABLE ENER-
GY CERTIFICATES OR SOLAR RENEWABLE ENERGY CERTIFICATES ISSUED BY ANOTHER
ENTITY  FOR  COMPLIANCE  WITH  THIS ARTICLE. THE COMMISSION SHALL POST A
NOTICE OF ITS INTENT TO ISSUE SUCH AN ORDER AT LEAST THIRTY  DAYS  PRIOR
TO  ISSUING  THE  ORDER,  AND  MAY,  IN ITS DISCRETION, CHOOSE TO ACCEPT
PUBLIC COMMENT ON THE NOTICE.
  3. BEGINNING APRIL FIRST, TWO THOUSAND TWENTY-TWO, IN MEASURING GENER-
ATION TO DETERMINE THE NUMBER OF RENEWABLE ENERGY CERTIFICATES OR  SOLAR
RENEWABLE  ENERGY  CERTIFICATES TO ISSUE, THE COMMISSION OR ITS DESIGNEE
SHALL ACCEPT  ONLY  READINGS  OF  A  METER  THAT  RECORDS  KILOWATT-HOUR
PRODUCTION OF ELECTRICAL ENERGY, AND WHICH MEETS ALL APPLICABLE REQUIRE-
MENTS OF THIS SUBDIVISION. THE READINGS MAY BE TAKEN OR SUBMITTED BY ANY
PERSON,  BUT  SHALL  BE  VERIFIED  BY  THE COMMISSION OR ITS DESIGNEE IN
ACCORDANCE WITH THE AMERICAN NATIONAL STANDARDS INSTITUTE (ANSI)  STAND-
ARD  C12.1-2008,  ELECTRIC  METERS  CODE  FOR  ELECTRICITY  METERING, AS
AMENDED OR SUPPLEMENTED.

A. 4757                             8

  4. THE COMMISSION OR ITS DESIGNEE SHALL ISSUE RENEWABLE ENERGY CERTIF-
ICATES AND SOLAR RENEWABLE ENERGY  CERTIFICATES  IN  WHOLE  UNITS,  EACH
REPRESENTING  THE ENVIRONMENTAL ATTRIBUTES OF ONE MEGAWATT-HOUR OF ELEC-
TRIC GENERATION.
  5.  ELECTRIC  GENERATION  QUALIFIES  FOR  ISSUANCE OF RENEWABLE ENERGY
CERTIFICATES OR SOLAR RENEWABLE ENERGY CERTIFICATES ONLY IF:
  (A) IT IS SOLAR ELECTRIC GENERATION PRODUCED BY A GENERATING  FACILITY
THAT  IS  INTERCONNECTED  WITH  AN  ELECTRIC  DISTRIBUTION  SYSTEM  THAT
SUPPLIES ELECTRICITY TO ONE OR MORE END USERS LOCATED IN NEW YORK; OR
  (B) IT IS RENEWABLE ENERGY, OTHER THAN SOLAR ELECTRIC GENERATION,  AND
ONE OR MORE OF THE FOLLOWING REQUIREMENTS IS MET:
  (I)  THE  GENERATING FACILITY REPORTS ITS GENERATION ELECTRONICALLY TO
THE NEW YORK STATE ENERGY RESEARCH AND  DEVELOPMENT  AUTHORITY  NO  LESS
FREQUENTLY  THAN  MONTHLY, AND COMPLIES WITH ANY ADDITIONAL REQUIREMENTS
ESTABLISHED BY THE  NEW  YORK  STATE  ENERGY  RESEARCH  AND  DEVELOPMENT
AUTHORITY;
  (II) BOTH OF THE FOLLOWING REQUIREMENTS ARE MET:
  (1)  THE  GENERATING FACILITY REPORTS ITS GENERATION ELECTRONICALLY NO
LESS FREQUENTLY THAN MONTHLY TO AN ELECTRIC  DISTRIBUTION  COMPANY  THAT
THEN  PROVIDES  THE GENERATOR'S REPORT ELECTRONICALLY NO LESS FREQUENTLY
THAN MONTHLY TO THE NEW  YORK  STATE  ENERGY  RESEARCH  AND  DEVELOPMENT
AUTHORITY; AND
  (2)  THE GENERATING FACILITY COMPLIES WITH ANY ADDITIONAL REQUIREMENTS
ESTABLISHED BY THE  NEW  YORK  STATE  ENERGY  RESEARCH  AND  DEVELOPMENT
AUTHORITY.
  6. IF A GENERATOR HAS ACCUMULATED A FRACTION OF A MEGAWATT-HOUR BY THE
END  OF  AN  ENERGY  YEAR, THE FRACTION MAY BE CARRIED OVER AND COMBINED
WITH ENERGY GENERATED IN A SUBSEQUENT ENERGY YEAR IN  ORDER  TO  MAKE  A
FULL  MEGAWATT-HOUR  THAT IS ELIGIBLE FOR A RENEWABLE ENERGY CERTIFICATE
OR SOLAR RENEWABLE ENERGY CERTIFICATE. IN  SUCH  A  CASE,  THE  COMBINED
ENERGY  SHALL BE ELIGIBLE FOR ISSUANCE OF A RENEWABLE ENERGY CERTIFICATE
OR SOLAR RENEWABLE ENERGY CERTIFICATE ONLY DURING  THE  ENERGY  YEAR  IN
WHICH  ACCUMULATED  GENERATION  REACHES  ONE  FULL MEGAWATT-HOUR. ONLY A
FRACTION OF A MEGAWATT-HOUR SHALL BE CARRIED OVER.
  7. THE COMMISSION SHALL REQUIRE SUBMITTAL OF INFORMATION  AND  CERTIF-
ICATIONS  NEEDED  TO ENABLE THE COMMISSION OR ITS DESIGNEE TO VERIFY THE
GENERATION THAT FORMS  THE  BASIS  OF  THE  REQUESTED  RENEWABLE  ENERGY
CERTIFICATES.  THE COMMISSION SHALL REQUIRE INSPECTIONS, AS APPROPRIATE,
OF GENERATION EQUIPMENT, MONITORING AND METERING  EQUIPMENT,  AND  OTHER
FACILITIES  RELEVANT  TO  VERIFYING ELECTRIC GENERATION.  THE COMMISSION
SHALL IMPOSE APPLICATION FEES, INSPECTION FEES AND OTHER CHARGES FOR ANY
WORK REQUIRED TO VERIFY ELECTRIC GENERATION AND ISSUE  RENEWABLE  ENERGY
CERTIFICATES OR SOLAR RENEWABLE ENERGY CERTIFICATES.
  8.  THE  COMMISSION OR ITS DESIGNEE SHALL NOT ISSUE A RENEWABLE ENERGY
CERTIFICATE OR SOLAR RENEWABLE  ENERGY  CERTIFICATE  BASED  ON  ELECTRIC
GENERATION  THAT HAS PREVIOUSLY BEEN USED FOR COMPLIANCE WITH THIS ARTI-
CLE, OR THAT HAS BEEN USED TO SATISFY ANOTHER STATE'S  RENEWABLE  ENERGY
REQUIREMENTS OR ANY VOLUNTARY CLEAN ELECTRICITY MARKET OR PROGRAM.
  9.  A  CUSTOMER-GENERATOR  THAT  IS ELIGIBLE FOR NET METERING OWNS THE
RENEWABLE ATTRIBUTES OF THE ENERGY IT GENERATES ON OR AFTER APRIL FIRST,
TWO THOUSAND TWENTY-TWO, UNLESS THERE IS  A  CONTRACT  WITH  AN  EXPRESS
PROVISION  THAT ASSIGNS OWNERSHIP OF THE RENEWABLE ATTRIBUTES. THE OWNER
OF A SOLAR ELECTRIC GENERATION FACILITY THAT IS  NOT  ELIGIBLE  FOR  NET
METERING  OWNS THE RENEWABLE ATTRIBUTES OF THE ENERGY IT GENERATES ON OR
AFTER APRIL FIRST, TWO THOUSAND TWENTY-TWO, UNLESS THERE IS  A  CONTRACT

A. 4757                             9

WITH AN EXPRESS PROVISION THAT ASSIGNS OWNERSHIP OF THE RENEWABLE ATTRI-
BUTES.
  S 256. ALTERNATIVE COMPLIANCE PAYMENTS. 1. AN ELECTRIC CORPORATION MAY
CHOOSE  TO  COMPLY  WITH  RENEWABLE  PORTFOLIO  STANDARD REQUIREMENTS BY
SUBMITTING ONE OR MORE ALTERNATIVE COMPLIANCE PAYMENTS OR SOLAR ALTERNA-
TIVE COMPLIANCE PAYMENTS.  AN ELECTRIC CORPORATION THAT  WISHES  TO  USE
ALTERNATIVE COMPLIANCE PAYMENTS OR SOLAR ALTERNATIVE COMPLIANCE PAYMENTS
TO COMPLY WITH THIS ARTICLE SHALL MEET THE REQUIREMENTS OF THIS SECTION.
  2. THE CHAIRMAN OF THE COMMISSION SHALL APPOINT AN ALTERNATIVE COMPLI-
ANCE  PAYMENTS  ADVISORY  COMMITTEE  TO  PROVIDE  RECOMMENDATIONS TO THE
COMMISSION REGARDING THE  APPROPRIATE  COST  OF  ALTERNATIVE  COMPLIANCE
PAYMENTS  AND  SOLAR  ALTERNATIVE  COMPLIANCE PAYMENTS, AS WELL AS OTHER
CHARACTERISTICS OF THEIR USE. THE COMMISSION SHALL CONSIDER THE ADVISORY
COMMITTEE'S RECOMMENDATION AND  SHALL,  THROUGH  COMMISSION  ORDER,  SET
PRICES FOR ALTERNATIVE COMPLIANCE PAYMENTS AND SOLAR ALTERNATIVE COMPLI-
ANCE  PAYMENTS.  AT  A  MINIMUM,  THE PRICE OF AN ALTERNATIVE COMPLIANCE
PAYMENT OR A SOLAR ALTERNATIVE COMPLIANCE PAYMENT SHALL BE  HIGHER  THAN
THE ESTIMATED COMPETITIVE MARKET COST OF THE FOLLOWING:
  (A)  THE COST OF MEETING THE REQUIREMENT THROUGH PURCHASE OF A RENEWA-
BLE ENERGY CERTIFICATE OR SOLAR RENEWABLE ENERGY CERTIFICATE; OR
  (B) THE  COST  OF  MEETING  THE  REQUIREMENT  THROUGH  GENERATING  THE
REQUIRED RENEWABLE ENERGY.
  3.  THE  COMMISSION  SHALL ESTABLISH AND MAINTAIN A FIFTEEN YEAR SOLAR
ALTERNATIVE COMPLIANCE PAYMENT SCHEDULE. THE COMMISSION MAY INCREASE THE
SOLAR ALTERNATIVE COMPLIANCE PAYMENT AMOUNT FOR ONE OR MORE ENERGY YEARS
AFTER APPROPRIATE NOTICE AND OPPORTUNITY FOR PUBLIC COMMENT  AND  PUBLIC
HEARING.    HOWEVER,  THE COMMISSION SHALL NEITHER REDUCE THE PREVIOUSLY
ESTABLISHED SOLAR ALTERNATIVE COMPLIANCE PAYMENT  AMOUNTS,  NOR  PROVIDE
ANY  TYPE  OF  RELIEF  FROM  THE  OBLIGATION  TO PAY A SOLAR ALTERNATIVE
COMPLIANCE PAYMENT.
  4. THE COMMISSION SHALL REVIEW THE AMOUNT  OF  ALTERNATIVE  COMPLIANCE
PAYMENTS,  OTHER  THAN  SOLAR  ALTERNATIVE COMPLIANCE PAYMENTS, AT LEAST
ONCE PER YEAR, IN CONSULTATION WITH THE ALTERNATIVE COMPLIANCE  PAYMENTS
ADVISORY  COMMITTEE,  AND SHALL ADJUST THESE AMOUNTS AS NEEDED TO COMPLY
WITH PARAGRAPHS (A) AND (B) OF SUBDIVISION TWO OF THIS  SECTION  AND  TO
REFLECT  CHANGING CONDITIONS IN THE ENVIRONMENT, THE ENERGY INDUSTRY AND
MARKETS.
  5. TO COMPLY WITH THIS ARTICLE USING ALTERNATIVE  COMPLIANCE  PAYMENTS
OR  SOLAR ALTERNATIVE COMPLIANCE PAYMENTS, AN ELECTRIC CORPORATION SHALL
SUBMIT THE FOLLOWING TO THE COMMISSION, AS APPLICABLE:
  (A) ONE ALTERNATIVE  COMPLIANCE  PAYMENT  FOR  EACH  MEGAWATT-HOUR  OF
RENEWABLE ENERGY REQUIRED; OR
  (B) ONE SOLAR ALTERNATIVE COMPLIANCE PAYMENT FOR EACH MEGAWATT-HOUR OF
SOLAR ELECTRIC GENERATION REQUIRED.
  6. THE COMMISSION SHALL USE THE ALTERNATIVE COMPLIANCE PAYMENTS MONIES
SUBMITTED  TO  MEET  THE  REQUIREMENTS OF THIS ARTICLE TO FUND RENEWABLE
ENERGY PROJECTS THROUGH THE GREEN JOBS-GREEN NEW YORK PROGRAM.
  7. FOR EACH ENERGY YEAR,  ALL  SOLAR  ALTERNATIVE  COMPLIANCE  PAYMENT
MONIES  SUBMITTED  TO COMPLY WITH SOLAR ELECTRIC GENERATION REQUIREMENTS
FOR THAT ENERGY YEAR SHALL BE REFUNDED TO  RATEPAYERS  BY  THE  ELECTRIC
DISTRIBUTION  COMPANIES. THE COMMISSION SHALL DIVIDE THE TOTAL STATEWIDE
SOLAR ALTERNATIVE COMPLIANCE PAYMENT MONIES TO BE REFUNDED FOR A PARTIC-
ULAR ENERGY YEAR AMONG THE ELECTRIC DISTRIBUTION COMPANIES AS FOLLOWS:
  (A) DETERMINE THE TOTAL MEGAWATT-HOURS OF ELECTRICITY SUBJECT TO SOLAR
RENEWABLE PORTFOLIO STANDARD REQUIREMENTS  THAT  WAS  DELIVERED  BY  ALL
ELECTRIC DISTRIBUTION COMPANIES COMBINED DURING THE SUBJECT ENERGY YEAR;

A. 4757                            10

  (B)  DETERMINE  THE NUMBER OF MEGAWATT-HOURS OF ELECTRICITY SUBJECT TO
SOLAR RENEWABLE PORTFOLIO STANDARD REQUIREMENTS THAT  WAS  DELIVERED  BY
THE ELECTRIC DISTRIBUTION COMPANY DURING THE ENERGY YEAR;
  (C)  DIVIDE THE NUMBER DETERMINED IN PARAGRAPH (B) OF THIS SUBDIVISION
BY THE NUMBER DETERMINED IN PARAGRAPH (A) OF THIS SUBDIVISION TO  OBTAIN
A  FRACTION THAT REPRESENTS THE ELECTRIC DISTRIBUTION COMPANY'S SHARE OF
THE TOTAL MEGAWATT-HOURS OF ELECTRICITY SUBJECT TO SOLAR RENEWABLE PORT-
FOLIO STANDARD REQUIREMENTS THAT WERE DELIVERED DURING THE ENERGY  YEAR;
AND
  (D)  FOR  EACH  ELECTRIC  DISTRIBUTION  COMPANY, MULTIPLY THE FRACTION
DETERMINED IN PARAGRAPH (C) OF THIS SUBDIVISION BY THE  TOTAL  STATEWIDE
SOLAR ALTERNATIVE COMPLIANCE PAYMENT MONIES TO BE REFUNDED FOR THE ENER-
GY  YEAR,  TO OBTAIN A DOLLAR FIGURE FOR THE AMOUNT OF SOLAR ALTERNATIVE
COMPLIANCE  PAYMENT  MONIES  THE  ELECTRIC  DISTRIBUTION  COMPANY  SHALL
REFUND.
  S  257.  DEMONSTRATING  COMPLIANCE, REPORTING AND RECORDKEEPING. 1. BY
OCTOBER FIRST OF EACH YEAR, EACH  ELECTRIC  CORPORATION  SHALL  FILE  AN
ANNUAL  REPORT  WITH  THE  COMMISSION,  DEMONSTRATING  THAT THE ELECTRIC
CORPORATION HAS MET THE REQUIREMENTS OF THIS ARTICLE FOR  THE  PRECEDING
REPORTING YEAR.
  2. IF THE ANNUAL REPORT REQUIRED UNDER SUBDIVISION ONE OF THIS SECTION
DOES  NOT  DEMONSTRATE  THAT  THE  ELECTRIC CORPORATION HAS SUPPLIED THE
RENEWABLE ENERGY CERTIFICATES OR  SOLAR  RENEWABLE  ENERGY  CERTIFICATES
REQUIRED BY SECTION TWO HUNDRED FIFTY-TWO OF THIS ARTICLE FOR THE PREVI-
OUS  REPORTING  YEAR, THE ANNUAL REPORT SHALL BE ACCOMPANIED BY ALTERNA-
TIVE COMPLIANCE PAYMENTS AND/OR SOLAR ALTERNATIVE COMPLIANCE PAYMENTS IN
SUFFICIENT QUANTITIES TO MAKE UP THE SHORTFALL.
  3. THE ANNUAL REPORT SHALL CONTAIN THE FOLLOWING BASIC INFORMATION FOR
THE PRECEDING REPORTING YEAR:
  (A) THE TOTAL NUMBER OF MEGAWATT-HOURS OF ELECTRICITY SOLD  TO  RETAIL
CUSTOMERS IN THE STATE;
  (B)  THE  TOTAL NUMBER OF RENEWABLE ENERGY CERTIFICATES RETIRED STATE-
WIDE FOR THE PURPOSE OF COMPLIANCE WITH THIS ARTICLE;
  (C) THE PERCENTAGE  OF  THE  ELECTRIC  CORPORATION'S  TOTAL  STATEWIDE
RETAIL  SALES  THAT  THE  AMOUNT  SET  FORTH UNDER PARAGRAPH (B) OF THIS
SUBDIVISION REPRESENTS;
  (D) THE TOTAL NUMBER OF SOLAR RENEWABLE  ENERGY  CERTIFICATES  RETIRED
FOR THE PURPOSE OF COMPLIANCE WITH THIS CHAPTER;
  (E)  THE  PERCENTAGE  OF THE ELECTRIC CORPORATION'S TOTAL RETAIL SALES
THAT THE NUMBER IN PARAGRAPH (D) OF THIS SUBDIVISION REPRESENTS;
  (F) THE TOTAL AMOUNT OF SOLAR ELECTRIC GENERATION AND OTHER  RENEWABLE
ENERGY  REPRESENTED  BY RENEWABLE ENERGY CERTIFICATES SUBMITTED WITH THE
ANNUAL REPORT;
  (G) THE TOTAL NUMBER OF  ALTERNATIVE  COMPLIANCE  PAYMENTS  AND  SOLAR
ALTERNATIVE COMPLIANCE PAYMENTS SUBMITTED WITH THE ANNUAL REPORT;
  (H)  A  SUMMARY  DEMONSTRATING HOW COMPLIANCE WITH THE REQUIREMENTS OF
SECTION TWO HUNDRED FIFTY-TWO OF THIS ARTICLE HAS BEEN ACHIEVED;
  (I) AN ACCOUNTING ISSUED BY NEW YORK STATE ENERGY RESEARCH AND  DEVEL-
OPMENT  AUTHORITY THAT SHOWS THE NUMBER OF RENEWABLE ENERGY CERTIFICATES
PURCHASED OR HELD BY THE ELECTRIC CORPORATION; AND
  (J) THE PRICE OF EACH RENEWABLE ENERGY CERTIFICATE AND SOLAR RENEWABLE
ENERGY CERTIFICATE THAT WAS RETIRED DURING THE ENERGY YEAR.
  4. THE DOCUMENTATION REQUIRED BY SUBDIVISION  THREE  OF  THIS  SECTION
SHALL INCLUDE THE FOLLOWING:

A. 4757                            11

  (A)  IDENTIFICATION  OF  EACH GENERATING UNIT, INCLUDING ITS LOCATION,
FUEL AND TECHNOLOGY TYPE, AND ANY UNIQUE STATE OR  FEDERAL  FACILITY  OR
PLANT IDENTIFICATION NUMBER;
  (B)  AN  AFFIDAVIT  FROM THE OPERATOR OF EACH GENERATING UNIT THAT THE
SPECIFIED AMOUNT OF MEGAWATT-HOURS FROM EACH RENEWABLE ENERGY SOURCE WAS
GENERATED BY OR SOLD TO THE ELECTRIC CORPORATION AND THAT  THE  ELECTRIC
CORPORATION HAS SOLE AND EXCLUSIVE TITLE TO THE RENEWABLE ENERGY AND HAS
NOT  BEEN  USED TO MEET THE RENEWABLE PORTFOLIO STANDARD ENERGY REQUIRE-
MENTS IN ANY OTHER STATE OR JURISDICTION;
  (C) AN AFFIDAVIT FROM THE  ELECTRIC  CORPORATION  THAT  THE  SPECIFIED
MEGAWATT-HOURS  WERE  DELIVERED  INTO  NEW  YORK  AND  COMPLIED WITH THE
COMMISSION'S STANDARD INTERCONNECTION RULES; AND
  (D) FOR EACH SOLAR RENEWABLE  ENERGY  CERTIFICATE  SUBMITTED,  CERTIF-
ICATION  OF  COMPLIANCE  WITH  THE  REQUIREMENTS  OF  SUBDIVISION TWO OF
SECTION TWO HUNDRED FIFTY-THREE OF THIS ARTICLE THAT THE RENEWABLE ENER-
GY CERTIFICATE HAS NOT BEEN USED TO SATISFY  ANOTHER  STATE'S  RENEWABLE
ENERGY  REQUIREMENTS.  THE  CERTIFICATION SHALL BE IN A FORM REQUIRED BY
THE COMMISSION AND AVAILABLE ON THE COMMISSION'S WEBSITE.
  5. FAILURE OF AN ELECTRIC CORPORATION TO DEMONSTRATE  COMPLIANCE  WITH
THIS  ARTICLE  IN ACCORDANCE WITH THIS SECTION, WITHIN THE DEADLINES SET
FORTH IN THIS SECTION, SHALL SUBJECT THE ELECTRIC CORPORATION TO  PENAL-
TIES UNDER SECTION TWO HUNDRED FIFTY-EIGHT OF THIS ARTICLE.
  6.  EACH ELECTRIC CORPORATION SHALL KEEP ALL RECORDS PERTAINING TO THE
REQUIREMENTS IN THIS ARTICLE FOR A PERIOD OF FIVE YEARS, INCLUDING  DATA
ON  MEGAWATT-HOURS RESULTING FROM OWNED GENERATION, CONTRACTS, PURCHASES
FROM THE WHOLESALE MARKET, AND PURCHASES  OF  RENEWABLE  ENERGY  CERTIF-
ICATES.  EACH  ELECTRIC  CORPORATION  SHALL  MAKE  ALL PERTINENT RECORDS
AVAILABLE FOR REVIEW UPON REQUEST BY THE COMMISSION OR ITS DESIGNEE.
  S 258. ENFORCEMENT. 1. FAILURE TO COMPLY WITH ANY  PROVISION  OF  THIS
ARTICLE SHALL SUBJECT THE VIOLATOR TO THE FOLLOWING PENALTIES IN ACCORD-
ANCE WITH THE COMMISSION'S REGULATORY AND STATUTORY AUTHORITY:
  (A)  SUSPENSION  OR REVOCATION OF AN ELECTRIC POWER SUPPLIER'S LICENSE
OR ANY OTHER PREVIOUSLY ISSUED COMMISSION APPROVAL;
  (B) FINANCIAL PENALTIES;
  (C) DISALLOWANCE OF RECOVERY OF COSTS IN RATES; AND
  (D) PROHIBITION ON ACCEPTING NEW CUSTOMERS.
  2. IN DETERMINING  THE  APPROPRIATE  SANCTION,  THE  COMMISSION  SHALL
CONSIDER THE FOLLOWING CRITERIA AND ANY OTHER FACTORS DEEMED APPROPRIATE
AND MATERIAL TO THE VIOLATOR'S FAILURE TO COMPLY:
  (A)  THE GOOD FAITH EFFORTS, IF ANY, OF THE ENTITY CHARGED IN ATTEMPT-
ING TO ACHIEVE COMPLIANCE;
  (B) THE GRAVITY OF  THE  VIOLATION  OR  FAILURE  TO  COMPLY  WITH  THE
REQUIREMENTS IN THIS CHAPTER;
  (C)  THE  NUMBER  OF  PAST  VIOLATIONS BY THE ENTITY CHARGED REGARDING
THESE STANDARDS AND OTHER STANDARDS ADOPTED BY THE COMMISSION; AND
  (D) THE APPROPRIATENESS OF THE SANCTION OR FINE TO  THE  SIZE  OF  THE
COMPANY CHARGED.
  S 2. This act shall take effect immediately.