NY State Senate Bill 2017-S941A

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to energy and telecommunications
Mar 03, 2017	print number 941a
Mar 03, 2017	amend and recommit to energy and telecommunications
Jan 05, 2017	referred to energy and telecommunications

Bill Amendments

Original

A (Active)

2017-S941 - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add §66-o, Pub Serv L
Versions Introduced in 2015-2016 Legislative Session:: S6671

2017-S941 - Summary

Relates to enacting the "renewable energy credit opportunity and exchange protection act" establishing the rights of consumers and businesses to own and trade renewable energy credits.

2017-S941 - Sponsor Memo

                                 BILL NUMBER:  S941

 TITLE OF BILL :

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

 PURPOSE :

To clarify that consumers shall have the unqualified right to own and
trade renewable energy credits derived from qualified renewable energy
generation

 SUMMARY OF SPECIFIC PROVISIONS :

Sections 1: provides definitions of relevant terms

Section 2: delineates the rights of a customer-generator pursuant to
renewable energy generation to own and sell any credits deriving such
generation

Section 3: Permits a customer generation to register their renewable
energy credits through the generation attribute tracking system
established pursuant to section 1854 of the public authorities law or

in another state or group of states that maintains such a system.

 JUSTIFICATION :

The State of New York has taken many steps over the last several years
to grow and incentivize renewable energy generation. These have
included the NY SUN program, various sales and income tax incentives
that benefit installers, on-bill recovery loans for renewable energy,
expanded net metering and the Green Bank. The success of these
programs has helped to make our state a national leader in clean
energy. More recently, the Public Service Commission has begun a new
proceeding aimed at ensuring that 50% of all energy produced in our
state is from clean and renewable sources by the year 2030. This is an
ambitious goal and one that will require more steps if it is to be
realized.

Currently, New York State does not avail itself of a renewable energy
credit trading system like many other states. One primary reason is
that the state, through NYSERDA has maintained ownership of such
credits because of the various subsidies involved with installations.
In the past New York also lacked a generation attribute tracking
system (GATS) that would be necessary to effectuate trading in
renewable energy credits. That system is now in place, and as we move
to a system that is includes lower subsidies and more private sector
engagement, the time is right to authorize individuals and businesses
to own and trade their own renewable energy credits. This bill
establishes such a system

 PRIOR LEGISLATIVE HISTORY :

S.6671/A.9513 of 2016; Advanced to Third Reading

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S941 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    941
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2017
                                ___________
 
 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".
   § 2. The public service law is amended by adding a new section 66-o to
 read as follows:
   § 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, 2031; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04273-01-7

 S. 941                              2
 
   (E)  "AUTHORITY" MEANS THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP-
 MENT AUTHORITY.
   2. CUSTOMER-GENERATOR'S RIGHTS TO RENEWABLE ENERGY CREDITS.
   (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.
   § 3. This act shall take effect immediately.

2017-S941A (ACTIVE) - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add §66-o, Pub Serv L
Versions Introduced in 2015-2016 Legislative Session:: S6671

2017-S941A (ACTIVE) - Summary

Relates to enacting the "renewable energy credit opportunity and exchange protection act" establishing the rights of consumers and businesses to own and trade renewable energy credits.

2017-S941A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S941A

 TITLE OF BILL :

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

 PURPOSE :

To clarify that consumers shall have the unqualified right to own and
trade renewable energy credits derived from qualified renewable energy
generation

 SUMMARY OF SPECIFIC PROVISIONS :

Sections 1: provides definitions of relevant terms

Section 2: delineates the rights of a customer-generator pursuant to
renewable energy generation to own and sell any credits deriving such
generation

Section 3: Permits a customer generation to register their renewable
energy credits through the generation attribute tracking system
established pursuant to section 1854 of the public authorities law or

in another state or group of states that maintains such a system.

 JUSTIFICATION :

The State of New York has taken many steps over the last several years
to grow and incentivize renewable energy generation. These have
included the NY SUN program, various sales and income tax incentives
that benefit installers, on-bill recovery loans for renewable energy,
expanded net metering and the Green Bank. The success of these
programs has helped to make our state a national leader in clean
energy. More recently, the Public Service Commission has begun a new
proceeding aimed at ensuring that 50% of all energy produced in our
state is from clean and renewable sources by the year 2030. This is an
ambitious goal and one that will require more steps if it is to be
realized.

Currently, New York State does not avail itself of a renewable energy
credit trading system like many other states. One primary reason is
that the state, through NYSERDA has maintained ownership of such
credits because of the various subsidies involved with installations.
In the past New York also lacked a generation attribute tracking
system (GATS) that would be necessary to effectuate trading in
renewable energy credits. That system is now in place, and as we move
to a system that is includes lower subsidies and more private sector
engagement, the time is right to authorize individuals and businesses
to own and trade their own renewable energy credits. This bill
establishes such a system

 PRIOR LEGISLATIVE HISTORY :

S.6671/A.9513 of 2016; Advanced to Third Reading

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S941A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  941--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2017
                                ___________
 
 Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 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".
   § 2. The public service law is amended by adding a new section 66-o to
 read as follows:
   §  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) "ATTRIBUTE" HAS THE MEANING  GIVEN  SUCH  TERM  IN  THE  OPERATING
 RULES, AS THE SAME MAY BE AMENDED AND REVISED, AND INCLUDES THE ENVIRON-
 MENTAL ATTRIBUTES;
   (B) "RENEWABLE ENERGY CREDIT", "RENEWABLE ENERGY CERTIFICATE", "RENEW-
 ABLE  GENERATION  ATTRIBUTE  CERTIFICATE",  OR  "REC"  MEANS A TRADABLE,
 CONTRACTUAL INSTRUMENT THAT REPRESENTS THE  FULL  SUITE  OF  ATTRIBUTES,
 INCLUDING  ALL  OF  THE  ENVIRONMENTAL  ATTRIBUTES,  ASSOCIATED WITH THE
 GENERATION OF KILOWATT-HOURS OR MEGAWATT-HOURS  OF  ELECTRICITY  FROM  A
 RENEWABLE ENERGY GENERATION FACILITY;
   (C) "QUALIFIED GENERATION ATTRIBUTE TRACKING SYSTEM" MEANS:
   (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) NYGATS: NEW YORK GENERATION ATTRIBUTE TRACKING SYSTEM;

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04273-03-7

 S. 941--A                           2
 
   (VIII) NVTREC: NEVADA TRACKS RENEWABLE ENERGY CREDITS;
   (IX) PJM-GATS: PJM EIS'S GENERATION ATTRIBUTE TRACKING SYSTEM;
   (X) WREGIS: WESTERN RENEWABLE ENERGY GENERATION INFORMATION SYSTEM; OR
   (XI)  ANY  OTHER  ATTRIBUTE  TRACKING  SYSTEM  APPROVED FOR USE BY THE
 AUTHORITY;
   (D) "RENEWABLE ENERGY GENERATION FACILITY" MEANS AN ELECTRIC  GENERAT-
 ING  FACILITY  THAT  PRODUCES OR GENERATES ELECTRICITY FROM A RECOGNIZED
 RENEWABLE FUEL TYPE UNDER THE OPERATING RULES, AND SHALL INCLUDE RENEWA-
 BLE ENERGY GENERATION FACILITIES PAIRED WITH STORAGE;
   (E) "RENEWABLE ENERGY GENERATOR" MEANS THE OWNER OF A RENEWABLE ENERGY
 GENERATION FACILITY;
   (F) "REC OWNER" MEANS THE RENEWABLE  ENERGY  GENERATOR  OR  PERSON  OR
 ENTITY  TO WHOM THE RENEWABLE ENERGY GENERATOR TRANSFERS AND ASSIGNS THE
 RIGHT TO ITS RECS  WITHIN  A  QUALIFIED  GENERATION  ATTRIBUTE  TRACKING
 SYSTEM.  THE  AUTHORITY  OR AN ELECTRIC CORPORATION CAN BE A "REC OWNER"
 UPON THE TRANSFER AND ASSIGNMENT BY THE RENEWABLE ENERGY GENERATOR;
   (G) "AUTHORITY" MEANS THE NEW YORK STATE ENERGY RESEARCH AND  DEVELOP-
 MENT AUTHORITY;
   (H)  "COMMISSION"  MEANS THE NEW YORK STATE PUBLIC SERVICE COMMISSION;
 AND
   (I) "OPERATING RULES" MEANS THE NEW YORK GENERATION ATTRIBUTE TRACKING
 SYSTEM OPERATING RULES ISSUED BY THE  AUTHORITY,  AS  THE  SAME  MAY  BE
 AMENDED OR REVISED.
   2.  RENEWABLE  ENERGY  GENERATOR'S RIGHTS TO RENEWABLE ENERGY CREDITS.
 (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW OR CLAIMS OF THE AUTHORI-
 TY OR THE COMMISSION TO THE CONTRARY, A RENEWABLE ENERGY GENERATOR SHALL
 HAVE FULL RIGHTS OF OWNERSHIP OF ITS RECS, INCLUDING BUT NOT LIMITED  TO
 THE  RIGHT  TO REGISTER, RECORD, TRANSFER, TRADE, SELL, ASSIGN OR OTHER-
 WISE DISPOSE OF SUCH RECS ON A  NONDISCRIMINATORY  BASIS  IN  ACCORDANCE
 WITH  THE  RULES OF THE RELEVANT QUALIFIED GENERATION ATTRIBUTE TRACKING
 SYSTEM(S). NEITHER THE AUTHORITY  NOR  THE  COMMISSION  SHALL  MAKE  ANY
 CLAIMS  TO  RECS  IN  CONTRADICTION  OF  THIS  SECTION, AND ANY RULINGS,
 ORDERS, GUIDANCE, OR OTHER CLAIMS OF THE  AUTHORITY  OR  THE  COMMISSION
 INCONSISTENT  WITH  THIS  SECTION,  WHETHER ISSUED PRIOR TO OR AFTER THE
 EFFECTIVE DATE OF THIS SECTION, SHALL BE VOID.
   (B) NEITHER THE AUTHORITY, THE COMMISSION,  NOR  ANY  ELECTRIC  CORPO-
 RATION SHALL MAKE ANY CLAIMS TO A RENEWABLE ENERGY GENERATION FACILITY'S
 RECS, OR DENY A RENEWABLE ENERGY GENERATOR THE RIGHTS AND BENEFITS UNDER
 THIS  LAW, BASED ON: (I) A RENEWABLE ENERGY GENERATOR'S RECEIPT OF FUNDS
 OR PAYMENTS FROM THE AUTHORITY, OR FEDERAL OR STATE TAX  INCENTIVES;  OR
 (II)  PARTICIPATION  IN  NET  METERING  UNDER  SECTIONS  SIXTY-SIX-J AND
 SIXTY-SIX-L OF THIS ARTICLE, AS THE SAME MAY BE AMENDED  OR  SUPERSEDED,
 OR  ANY  SIMILAR  OR SUCCESSOR MECHANISM THAT RESULTS IN COMPENSATION TO
 THE RENEWABLE ENERGY GENERATION FACILITY OR ITS OWNER OR CUSTOMERS  FROM
 AN ELECTRIC CORPORATION.
   3. REGISTRATION, RECORDING, TRACKING AND TRANSFERRING RENEWABLE ENERGY
 CREDITS.    (A)  ANY GENERATION ATTRIBUTE TRACKING SYSTEM ESTABLISHED IN
 NEW YORK STATE, WHETHER UNDER SECTION EIGHTEEN HUNDRED FIFTY-FOUR OF THE
 PUBLIC AUTHORITIES LAW OR OTHERWISE, SHALL PERMIT REC OWNERS  TO  REGIS-
 TER,  RECORD,  TRANSFER,  TRADE,  SELL AND ASSIGN THEIR RENEWABLE ENERGY
 CREDITS ON A NONDISCRIMINATORY BASIS IN SUCH SYSTEM.
   (B) THE COMMISSION AND THE AUTHORITY SHALL ISSUE ANY NECESSARY RULINGS
 OR ORDERS CLARIFYING THE RIGHTS  OF  REC  OWNERS  AS  OUTLINED  IN  THIS
 SECTION  NO  LATER  THAN  THIRTY  DAYS  AFTER THE EFFECTIVE DATE OF THIS
 SECTION.
   § 3. This act shall take effect immediately.

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Senate Bill S941A

Sponsored By

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Actions

Bill Amendments

2017-S941 - Details

2017-S941 - Summary

2017-S941 - Sponsor Memo

2017-S941 - Bill Text download pdf

2017-S941A (ACTIVE) - Details

2017-S941A (ACTIVE) - Summary

2017-S941A (ACTIVE) - Sponsor Memo

2017-S941A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Rich Funke

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Actions

Bill Amendments

2017-S941 - Details

2017-S941 - Summary

2017-S941 - Sponsor Memo

2017-S941 - Bill Text download pdf

2017-S941A (ACTIVE) - Details

2017-S941A (ACTIVE) - Summary

2017-S941A (ACTIVE) - Sponsor Memo

2017-S941A (ACTIVE) - Bill Text download pdf

Comments