S T A T E O F N E W Y O R K
________________________________________________________________________
5640
2019-2020 Regular Sessions
I N A S S E M B L Y
February 14, 2019
___________
Introduced by M. of A. ENGLEBRIGHT, THIELE -- read once and referred to
the Committee on Energy
AN ACT to amend the public service law and the public authorities law,
in relation to requiring electric generating corporations and authori-
ties to surrender ownership of renewable energy credits and attri-
butes, solar renewable energy credits, green building credits, tradea-
ble renewable certificates, and environmental credits and attributes
to the customer-generators whose equipment and renovations caused the
accrual of such credits
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 66-j of the public service law is amended by adding
a new subdivision 6-a to read as follows:
6-A. SURRENDER OF CREDITS AND ATTRIBUTES. NOTWITHSTANDING ANY
CONTRACT OR AGREEMENT TO THE CONTRARY, AN ELECTRIC CORPORATION SHALL
WITHIN TWO YEARS OF THE INSTALLATION OF ELECTRIC GENERATING EQUIPMENT BY
A CUSTOMER-GENERATOR OR WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS
SUBDIVISION, WHICHEVER SHALL BE LATER, SURRENDER OWNERSHIP TO EACH
CUSTOMER-GENERATOR OF THE RENEWABLE ENERGY CREDITS AND ATTRIBUTES, SOLAR
RENEWABLE ENERGY CREDITS, GREEN BUILDING CREDITS, TRADEABLE RENEWABLE
CERTIFICATES, AND ENVIRONMENTAL CREDITS AND ATTRIBUTES WHICH ACCRUED AS
THE RESULT OF THE CUSTOMER-GENERATOR'S ELECTRIC GENERATING EQUIPMENT.
§ 2. Section 66-l of the public service law is amended by adding a new
subdivision 6-a to read as follows:
6-A. SURRENDER OF CREDITS AND ATTRIBUTES. NOTWITHSTANDING ANY
CONTRACT OR AGREEMENT TO THE CONTRARY, AN ELECTRIC CORPORATION SHALL
WITHIN TWO YEARS OF THE INSTALLATION OF WIND ELECTRIC GENERATING EQUIP-
MENT BY A CUSTOMER-GENERATOR OR WITHIN ONE YEAR OF THE EFFECTIVE DATE OF
THIS SUBDIVISION, WHICHEVER SHALL BE LATER, SURRENDER OWNERSHIP TO EACH
CUSTOMER-GENERATOR OF THE RENEWABLE ENERGY CREDITS AND ATTRIBUTES, SOLAR
RENEWABLE ENERGY CREDITS, GREEN BUILDING CREDITS, TRADEABLE RENEWABLE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09634-01-9
A. 5640 2
CERTIFICATES, AND ENVIRONMENTAL CREDITS AND ATTRIBUTES WHICH ACCRUED AS
THE RESULT OF THE CUSTOMER-GENERATOR'S WIND ELECTRIC GENERATING EQUIP-
MENT.
§ 3. Section 1014 of the public authorities law, as amended by chapter
388 of the laws of 2011, is amended to read as follows:
§ 1014. Public service law not applicable to authority; inconsistent
provisions in other acts superseded. The rates, services and practices
relating to the generation, transmission, distribution and sale by the
authority, of power to be generated from the projects authorized by this
title shall not be subject to the provisions of the public service law
nor to regulation by, nor the jurisdiction of the department of public
service. Except to the extent article seven of the public service law
applies to the siting and operation of a major utility transmission
facility as defined therein, and article ten of the public service law
applies to the siting of a major electric generating facility as defined
therein, and except to the extent section eighteen-a of the public
service law provides for assessment of the authority for certain costs
relating thereto, AND EXCEPT TO THE EXTENT SUBDIVISION SIX-A OF SECTION
SIXTY-SIX-J AND SUBDIVISION SIX-A OF SECTION SIXTY-SIX-L OF THE PUBLIC
SERVICE LAW APPLY TO THE SURRENDER OF OWNERSHIP OF RENEWABLE ENERGY
CREDITS AND ATTRIBUTES, SOLAR RENEWABLE ENERGY CREDITS, GREEN BUILDING
CREDITS, TRADABLE RENEWABLE CERTIFICATES, AND ENVIRONMENTAL CREDITS AND
ATTRIBUTES TO CUSTOMER-GENERATORS, the provisions of the public service
law and of the environmental conservation law and every other law relat-
ing to the department of public service or the public service commission
or to the DEPARTMENT OF environmental conservation [department] or to
the functions, powers or duties assigned to the division of water power
and control by chapter six hundred nineteen of the laws of nineteen
hundred twenty-six, shall so far as is necessary to make this title
effective in accordance with its terms and purposes be deemed to be
superseded, and wherever any provision of law shall be found in conflict
with the provisions of this title or inconsistent with the purposes
thereof, it shall be deemed to be superseded, modified or repealed as
the case may require.
§ 4. Subdivision 1 of section 1020-cc of the public authorities law,
as amended by section 11 of part A of chapter 173 of the laws of 2013,
is amended to read as follows:
1. All contracts of the authority shall be subject to the provisions
of the state finance law relating to contracts made by the state. The
authority shall also establish rules and regulations with respect to
providing to its residential gas, electric and steam utility customers
those rights and protections provided in article two and sections one
hundred seventeen and one hundred eighteen of the public service law and
section one hundred thirty-one-s of the social services law. THE AUTHOR-
ITY SHALL BE SUBJECT TO THE PROVISIONS OF SUBDIVISION SIX-A OF SECTION
SIXTY-SIX-J AND SUBDIVISION SIX-A OF SECTION SIXTY-SIX-L OF THE PUBLIC
SERVICE LAW RELATING TO THE SURRENDER OF OWNERSHIP OF RENEWABLE ENERGY
CREDITS AND ATTRIBUTES, SOLAR RENEWABLE ENERGY CREDITS, GREEN BUILDING
CREDITS, TRADABLE RENEWABLE CERTIFICATES, AND ENVIRONMENTAL CREDITS AND
ATTRIBUTES TO CUSTOMER-GENERATORS. The authority shall conform to any
safety standards regarding manual lockable disconnect switches for solar
electric generating equipment established by the public service commis-
sion pursuant to subparagraph (ii) of paragraph (a) of subdivision five
and subparagraph (ii) of paragraph (a) of subdivision five-a of section
sixty-six-j of the public service law. The authority shall let contracts
for construction or purchase of supplies, materials, or equipment pursu-
A. 5640 3
ant to section one hundred three and paragraph (e) of subdivision four
of section one hundred twenty-w of the general municipal law.
§ 5. Section 1868 of the public authorities law, as added by chapter
210 of the laws of 1962 and as renumbered by chapter 482 of the laws of
1976, is amended to read as follows:
§ 1868. Inconsistent provisions of other acts. Insofar as the
provisions of this title are inconsistent with the provisions of any
other act, general or special, the provisions of this title shall be
controlling, provided, however, nothing contained in any provision of
this title shall be construed to relieve the authority of the obligation
on its part to comply with the provisions of article nine of the public
authorities law in force on the effective date of this title, including
the obligation to submit an annual report as specified therein.
PROVIDED, FURTHER, THAT THE AUTHORITY SHALL BE SUBJECT TO THE PROVISIONS
OF SUBDIVISION SIX-A OF SECTION SIXTY-SIX-J AND SUBDIVISION SIX-A OF
SECTION SIXTY-SIX-L OF THE PUBLIC SERVICE LAW RELATING TO THE SURRENDER
OF OWNERSHIP OF RENEWABLE ENERGY CREDITS AND ATTRIBUTES, SOLAR RENEWABLE
ENERGY CREDITS, GREEN BUILDING CREDITS, TRADABLE RENEWABLE CERTIFICATES,
AND ENVIRONMENTAL CREDITS AND ATTRIBUTES TO CUSTOMER-GENERATORS.
§ 6. This act shall take effect on the sixtieth day after it shall
have become a law.