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.