S T A T E O F N E W Y O R K
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6004
2019-2020 Regular Sessions
I N A S S E M B L Y
February 26, 2019
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Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the
Committee on Corporations, Authorities and Commissions
AN ACT to amend the public authorities law and the public service law,
in relation to directing the New York state energy research and devel-
opment authority to establish and implement regulations authorizing
certain certified installers to offer additional incentives under the
New York sun solar electric incentive program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public authorities law is amended by adding a new
section 1854-e to read as follows:
§ 1854-E. NEW YORK SUN SOLAR ELECTRIC INCENTIVE PROGRAM; ADDITIONAL
INCENTIVES. 1. DEFINITIONS. AS USED IN THIS SECTION:
(A) "DISABLED" SHALL MEAN HAVING A DISABILITY AS DEFINED IN SUBDIVI-
SION TWENTY-ONE OF SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW.
(B) "DISABLED-OWNED BUSINESS ENTERPRISE" SHALL MEAN A BUSINESS ENTER-
PRISE, INCLUDING A SOLE PROPRIETORSHIP, PARTNERSHIP, LIMITED LIABILITY
COMPANY OR CORPORATION THAT IS:
(I) AT LEAST FIFTY-ONE PERCENT OWNED BY ONE OR MORE DISABLED GROUP
MEMBERS;
(II) AN ENTERPRISE IN WHICH SUCH DISABLED OWNERSHIP IS REAL, SUBSTAN-
TIAL AND CONTINUING;
(III) AN ENTERPRISE IN WHICH SUCH DISABLED OWNERSHIP HAS AND EXERCISES
THE AUTHORITY TO CONTROL INDEPENDENTLY THE DAY-TO-DAY BUSINESS DECISIONS
OF THE ENTERPRISE; AND
(IV) AN ENTERPRISE AUTHORIZED TO DO BUSINESS IN THIS STATE AND INDE-
PENDENTLY OWNED AND OPERATED.
(C) "MINORITY-OWNED BUSINESS ENTERPRISE" SHALL MEAN SUCH TERM AS
DEFINED IN SUBDIVISION SEVEN OF SECTION THREE HUNDRED TEN OF THE EXECU-
TIVE LAW.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09867-01-9
A. 6004 2
(D) "QUALIFIED CONTRACTOR" SHALL MEAN A DISABLED-OWNED BUSINESS ENTER-
PRISE, A MINORITY-OWNED BUSINESS ENTERPRISE, A VETERAN-OWNED BUSINESS
ENTERPRISE OR A WOMEN-OWNED BUSINESS ENTERPRISE, THAT HAS BEEN IN OPERA-
TION FOR A PERIOD OF NOT LESS THAN ONE YEAR.
(E) "VETERAN" SHALL MEAN A PERSON WHO:
(I) (A) HAS BEEN IN THE ACTIVE MILITARY SERVICE OF THE UNITED STATES,
AS DEFINED IN SUBDIVISION EIGHT OF SECTION ONE OF THE MILITARY LAW;
(B) HAS SERVED ON FULL-TIME ACTIVE DUTY IN A FORCE OF THE ORGANIZED
MILITIA, AS DEFINED IN SUBDIVISION NINE OF SECTION ONE OF THE MILITARY
LAW, OR IN ANY SIMILAR FORCE ESTABLISHED BY ANOTHER STATE OF THE UNITED
STATES; OR
(C) HAS SERVED ON FULL TIME ACTIVE DUTY WHILE IN THE UNITED STATES
ARMY RESERVE, NAVY RESERVE, MARINE CORPS RESERVE, AIR FORCE RESERVE OR
COAST GUARD RESERVE; AND
(II) HAS RECEIVED AN HONORABLE OR GENERAL DISCHARGE FROM SUCH SERVICE.
(F) "VETERAN-OWNED BUSINESS ENTERPRISE" SHALL MEAN A BUSINESS ENTER-
PRISE, INCLUDING A SOLE PROPRIETORSHIP, PARTNERSHIP, LIMITED LIABILITY
COMPANY OR CORPORATION THAT IS:
(I) AT LEAST FIFTY-ONE PERCENT OWNED BY ONE OR MORE GROUP MEMBERS WHO
ARE VETERANS;
(II) AN ENTERPRISE IN WHICH SUCH VETERAN OWNERSHIP IS REAL, SUBSTAN-
TIAL AND CONTINUING;
(III) AN ENTERPRISE IN WHICH SUCH VETERAN OWNERSHIP HAS AND EXERCISES
THE AUTHORITY TO CONTROL DAY-TO-DAY BUSINESS DECISIONS OF THE ENTER-
PRISE; AND
(IV) AN ENTERPRISE AUTHORIZED TO DO BUSINESS IN THIS STATE AND INDE-
PENDENTLY OWNED AND OPERATED.
(G) "WOMEN-OWNED BUSINESS ENTERPRISE" SHALL MEAN SUCH TERM AS DEFINED
IN SUBDIVISION FIFTEEN OF SECTION THREE HUNDRED TEN OF THE EXECUTIVE
LAW.
2. AS PART OF ITS IMPLEMENTATION OF THE NEW YORK SUN SOLAR ELECTRIC
INCENTIVE PROGRAM, THE AUTHORITY SHALL PROMULGATE AND IMPLEMENT RULES
AND REGULATIONS WHICH PROVIDE ENHANCED BENEFITS AND INCENTIVES TO THE
CUSTOMERS OF CERTIFIED INSTALLERS THAT ARE QUALIFIED CONTRACTORS. SUCH
ENHANCED INCENTIVES SHALL APPLY TO NOT MORE THAN SIXTY INSTALLATIONS
DURING A CALENDAR YEAR BY ANY INDIVIDUAL QUALIFIED CONTRACTOR. FURTHER-
MORE, NO QUALIFIED CONTRACTOR SHALL RECEIVE COMPENSATION OR REIMBURSE-
MENT, IN ANY FORM, FOR THE PERFORMANCE OF ANY PROJECT, FOR WHICH
ENHANCED BENEFITS ARE PROVIDED PURSUANT TO THIS SECTION, FROM ANY PERSON
OR ENTITY THAT IS NOT A QUALIFIED CONTRACTOR. SUCH RULES AND REGULATIONS
SHALL APPLY STATEWIDE INCLUDING TO THE PUBLIC SERVICE ENTERPRISE GROUP -
LONG ISLAND IN ITS SERVICE AREA.
3. THE AUTHORITY SHALL ESTABLISH AND PROVIDE FOR AN ADDITIONAL SIXTY
CENTS PER NAMEPLATE RATED WATT TO CUSTOMERS OF CERTIFIED INSTALLERS THAT
ARE QUALIFIED CONTRACTORS.
4. THE AUTHORITY AND THE PUBLIC SERVICE ENTERPRISE GROUP - LONG ISLAND
SHALL, IN ALL WRITTEN AND ELECTRONIC MEDIA CONTROLLED THEREBY, PROVIDE
AND PUBLISH, UNIQUE IDENTIFIERS OF CERTIFIED INSTALLERS THAT ARE QUALI-
FIED CONTRACTORS.
5. THE AUTHORITY AND THE PUBLIC SERVICE ENTERPRISE GROUP - LONG
ISLAND SHALL PROVIDE QUALIFIED CONTRACTORS WITH NOTICE OF THE AVAILABIL-
ITY OF SUN SOLAR ELECTRIC AND PUBLIC WORKS PROJECTS.
6. NEITHER THE AUTHORITY NOR THE PUBLIC SERVICE ENTERPRISE GROUP -
LONG ISLAND SHALL IMPOSE ANY ADDITIONAL LIMITATIONS AND RESTRICTIONS
UPON THE IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION, OTHER THAN
THOSE SPECIFICALLY STATED IN THIS SECTION.
A. 6004 3
7. THE ENHANCED BENEFITS ESTABLISHED BY THIS SECTION SHALL BE PROVIDED
IN ADDITION TO AND SHALL NOT BE SUBSTITUTED FOR ANY OTHER BENEFITS
GRANTED PURSUANT TO THE NEW YORK SUN SOLAR ELECTRIC INCENTIVE PROGRAM.
8. THE AUTHORITY SHALL MAINTAIN AND IMPLEMENT THE REGULATIONS PROMUL-
GATED PURSUANT TO THIS SECTION FOR A PERIOD OF NOT LESS THAN FIVE YEARS,
AND MAY EXTEND THE IMPLEMENTATION THEREOF FOR SUCH ADDITIONAL PERIODS AS
IT SHALL DEEM PROPER.
9. THE AUTHORITY SHALL IMPLEMENT THE PROVISIONS OF THIS SECTION FROM
MONEYS OTHERWISE APPROPRIATED FOR THE PURPOSE OF THE NEW YORK SUN SOLAR
ELECTRIC INCENTIVE PROGRAM, AND NO ADDITIONAL FUNDS SHALL BE APPROPRI-
ATED FOR THE PURPOSES OF THIS SECTION.
§ 2. The public service law is amended by adding a new section 73 to
read as follows:
§ 73. NEW YORK SUN SOLAR ELECTRIC INCENTIVE PROGRAM; QUALIFIED
CONTRACTORS. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,
INCLUDING TITLE ONE-A OF ARTICLE FIVE OF THE PUBLIC AUTHORITIES LAW, THE
PUBLIC SERVICE ENTERPRISE GROUP - LONG ISLAND, IN ITS IMPLEMENTATION OF
THE NEW YORK SUN SOLAR ELECTRIC INCENTIVE PROGRAM, SHALL COMPLY WITH THE
PROVISIONS OF SECTION EIGHTEEN HUNDRED FIFTY-FOUR-E OF THE PUBLIC
AUTHORITIES LAW.
§ 3. This act shall take effect immediately.