S T A T E O F N E W Y O R K
________________________________________________________________________
4633
2019-2020 Regular Sessions
I N A S S E M B L Y
February 4, 2019
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Introduced by M. of A. ENGLEBRIGHT, HEVESI, ABINANTI, OTIS, LIFTON,
THIELE, QUART, LUPARDO, STIRPE, CRESPO, GOTTFRIED, PEOPLES-STOKES,
COLTON, ROZIC, JAFFEE, SANTABARBARA, MAGNARELLI, COOK, STECK, PAULIN,
RAIA, L. ROSENTHAL, BUCHWALD, GUNTHER, MONTESANO, CAHILL, BARRETT,
PERRY, BENEDETTO, DINOWITZ, BRAUNSTEIN, AUBRY, WEPRIN, FAHY, JOHNS --
Multi-Sponsored by -- M. of A. CROUCH, GALEF, GLICK, LENTOL, McDO-
NOUGH, RIVERA, RODRIGUEZ, SOLAGES -- read once and referred to the
Committee on Energy
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 "New York sun act of 2019".
§ 2. The public service law is amended by adding a new section 66-p to
read as follows:
§ 66-P. 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 THE STATE WITHIN ONE OF THE SERVICE TERRITO-
RIES OF AN ELECTRIC DISTRIBUTION COMPANY AS DEFINED IN THIS SECTION, AND
(B) INSTALLED AFTER JANUARY FIRST, TWO THOUSAND TWENTY.
(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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09028-01-9
A. 4633 2
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
PHOTOVOLTAIC GENERATING SYSTEMS AND, NO LATER THAN SEPTEMBER FIRST, TWO
THOUSAND TWENTY, 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 TWENTY AND SUSTAINED EACH
YEAR THROUGH CALENDAR YEAR TWO THOUSAND TWENTY-NINE;
(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 ONE HUNDRED KILOWATTS, INCENTIVE OR FINANC-
ING STRUCTURES THAT TAKE INTO CONSIDERATION THE ECONOMIC BENEFITS TO THE
STATE;
(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.
§ 3. This act shall take effect immediately.