S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6004
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 26, 2019
                                ___________
 
 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.