Senate Bill S569A

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

                                 569--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by Sens. LATIMER, AVELLA, HOYLMAN, KRUEGER, PANEPINTO, SERRA-
  NO, SQUADRON -- read twice and ordered printed, and when printed to be
  committed  to the Committee on Energy and Telecommunications -- recom-
  mitted to the Committee on Energy and Telecommunications in accordance
  with Senate Rule 6, sec. 8  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

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 2016".
  S 2. The public service law is amended by adding a new section 66-o to
read as follows:
  S 66-O. 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 SEVENTEEN.
  (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

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

                                                           LBD03897-03-6

S. 569--A                           2

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
PHOTOVOLTAIC GENERATING SYSTEMS AND, NO LATER THAN SEPTEMBER FIRST,  TWO
THOUSAND SEVENTEEN, THE COMMISSION SHALL MAKE A DETERMINATION ESTABLISH-
ING  MODIFICATIONS  TO ITS EXISTING PROGRAMS THAT ENCOURAGE THE DEVELOP-
MENT 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
RECOMMENDATIONS  TO  THE  COMMISSION FOR SUCH DETERMINATION. THE PROGRAM
MODIFICATIONS 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  SEVENTEEN  AND  SUSTAINED
EACH YEAR THROUGH CALENDAR YEAR TWO THOUSAND TWENTY-SIX;
  (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.