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
                                ___________
 
 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.