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

                                  6671

                            I N  S E N A T E

                            February 3, 2016
                               ___________

Introduced  by  Sen.  FUNKE  -- 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 the "renewable
  energy credit opportunity and exchange  protection  act"  establishing
  the  rights  of  consumers  and  businesses to own and trade renewable
  energy credits

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

  Section  1. This act shall be known and may be cited as the "renewable
energy credit opportunity and exchange protection act".
  S 2. The public service law is amended by adding a new section 66-o to
read as follows:
  S 66-O. RENEWABLE ENERGY CREDIT OPPORTUNITY  AND  EXCHANGE  PROTECTION
ACT.
  1.  DEFINITIONS.  AS  USED  IN THIS SECTION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
  (A) "RENEWABLE ENERGY CREDIT" OR "REC" MEANS THE ENVIRONMENTAL  ATTRI-
BUTES  ASSOCIATED  WITH ONE MEGAWATT-HOUR OF QUALIFIED ENERGY GENERATION
AS RECORDED BY A REVENUE GRADE METER;
  (B) "NET ENERGY METER" MEANS A NET ENERGY METER  PURSUANT  TO  SECTION
SIXTY-SIX-J OF THIS ARTICLE;
  (C)  "QUALIFIED  RENEWABLE  ENERGY GENERATION" MEANS POWER MEASURED IN
KILOWATT HOURS GENERATED WITHIN FIFTEEN YEARS OF THE DATE THE  CUSTOMER-
GENERATOR  RECEIVED PERMISSION FROM THE ELECTRIC DISTRIBUTION COMPANY TO
INTERCONNECT;
  (D) "CUSTOMER-GENERATOR" MEANS A "CUSTOMER-GENERATOR" ELIGIBLE FOR NET
ENERGY METERING PURSUANT TO SECTION SIXTY-SIX-J OF THIS ARTICLE THAT WAS
OR IS FIRST CONNECTED TO THE ELECTRIC SYSTEM BETWEEN THE EFFECTIVE  DATE
OF THIS SECTION AND JANUARY 1, 2030; AND
  (E)  "AUTHORITY" MEANS THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP-
MENT AUTHORITY.
  2. CUSTOMER-GENERATOR'S RIGHTS TO RENEWABLE ENERGY CREDITS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13827-01-6
              

S. 6671                             2

  (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY OR  ANY
CONTRACT  OR  AGREEMENT TO THE CONTRARY, A CUSTOMER-GENERATOR SHALL HAVE
FULL RIGHTS OF OWNERSHIP OF RENEWABLE ENERGY CREDITS.
  (B)  A  CUSTOMER-GENERATOR SHALL HAVE THE UNQUALIFIED RIGHT TO SELL OR
TRANSFER RENEWABLE ENERGY CREDITS ARISING FROM THE  QUALIFIED  RENEWABLE
ENERGY GENERATION.
  3. RECORDING, TRACKING AND TRANSFERRING RENEWABLE ENERGY CREDITS.
  (A)  A  GENERATION ATTRIBUTE TRACKING SYSTEM ESTABLISHED UNDER SECTION
EIGHTEEN HUNDRED FIFTY-FOUR OF THE PUBLIC AUTHORITIES LAW  SHALL  PERMIT
CUSTOMER-GENERATORS  TO  RECORD  HIS  OR  HER  QUALIFIED  GENERATION AND
PROVIDE FOR THE TRANSFER OR CONVEYANCE OF OWNERSHIP OF HIS OR HER RENEW-
ABLE ENERGY CREDITS.
  (B) A CUSTOMER-GENERATOR MAY REGISTER  HIS  OR  HER  RENEWABLE  ENERGY
CREDITS WITH ONE OF THE FOLLOWING:
  (I) ERCOT: ELECTRIC RELIABILITY COUNCIL OF TEXAS;
  (II) MIRECS: MICHIGAN RENEWABLE ENERGY CERTIFICATION SYSTEM;
  (III) M-RETS: MIDWEST RENEWABLE ENERGY TRACKING SYSTEM;
  (IV) NAR: NORTH AMERICAN RENEWABLES REGISTRY;
  (V) NC-RETS: NORTH CAROLINA RENEWABLE ENERGY TRACKING SYSTEM;
  (VI) NEPOOL-GIS: NEW ENGLAND POWER POOL GENERATION INFORMATION SYSTEM;
  (VII) NVTREC: NEVADA TRACKS RENEWABLE ENERGY CREDITS;
  (VIII) PJM-GATS: PJM EIS'S GENERATION ATTRIBUTE TRACKING SYSTEM;
  (IX)  WREGIS:  WESTERN RENEWABLE ENERGY GENERATION INFORMATION SYSTEM;
OR
  (X) ANOTHER CREDIBLE ATTRIBUTE TRACKING SYSTEM APPROVED FOR USE BY THE
AUTHORITY.
  (C) A CUSTOMER-GENERATOR SHALL ADHERE TO THE RULES AND REGULATIONS  OF
THE APPROPRIATE TRACKING SYSTEM.
  (D) A CUSTOMER-GENERATOR MAY ONLY SELL A RENEWABLE ENERGY CREDIT ONCE.
  S 3. This act shall take effect immediately.