Assembly Bill A7376

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7376
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 29, 2019
                                ___________
 
 Introduced by M. of A. CUSICK -- read once and referred to the Committee
   on Corporations, Authorities and Commissions
 
 AN  ACT to amend the public service law, in relation to renewable energy
   projects on brownfield sites, dormant electric  generating  sites  and
   utility owned property

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public service law is amended by adding a  new  section
 66-p to read as follows:
   §  66-P. NEW YORK STATE RENEWABLE RECLAMATION PROJECTS PROGRAM. 1.  AS
 USED IN THIS SECTION, A "RENEWABLE RECLAMATION PROJECT" SHALL MEAN SOLAR
 ELECTRIC GENERATING EQUIPMENT, WIND ELECTRIC GENERATING EQUIPMENT, ELEC-
 TRIC ENERGY STORAGE EQUIPMENT  AND  HYDROELECTRIC  GENERATING  EQUIPMENT
 WHICH A COMBINATION GAS AND ELECTRIC CORPORATION OR PRIVATE DEVELOPER IS
 AUTHORIZED TO OWN AND OPERATE ON:
   (A) A BROWNFIELD SITE AS DEFINED IN SUBDIVISION TWO OF SECTION 27-1405
 OF  THE  ENVIRONMENTAL CONSERVATION LAW, NOT EXCLUDING A SITE SUBJECT TO
 AN ENFORCEMENT ORDER AS PROVIDED FOR IN PARAGRAPH (C) OF SUBDIVISION TWO
 OF SECTION 27-1405 OF THE ENVIRONMENTAL CONSERVATION LAW; OR
   (B) A DORMANT ELECTRIC GENERATING SITE AS DETERMINED  BY  THE  COMMIS-
 SION; OR
   (C)  REAL PROPERTY OWNED BY A PRIVATE DEVELOPER OR REAL PROPERTY OWNED
 BY A COMBINATION GAS AND ELECTRIC CORPORATION.
   2. THE COMMISSION, WITH INPUT FROM THE EMPIRE STATE DEVELOPMENT CORPO-
 RATION AND THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT  AUTHORITY
 REGARDING FUNDING AND OTHER AVAILABLE RESOURCES, SHALL ESTABLISH THE NEW
 YORK  STATE  RENEWABLE  RECLAMATION  PROJECTS  PROGRAM  TO STIMULATE THE
 DEVELOPMENT OF RENEWABLE ENERGY ON THE  TYPES  OF  SITES  DESIGNATED  IN
 SUBDIVISION  ONE  OF  THIS SECTION SUBJECT TO PRIVATE OR COMBINATION GAS
 AND ELECTRIC CORPORATION OWNERSHIP AND OPERATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10847-01-9
              

 A. 7376                             2
 
   3. THE COMMISSION SHALL OVERSEE AND APPROVE THE IMPLEMENTATION OF  THE
 RENEWABLE  RECLAMATION  PROJECTS PROGRAM BY COMBINATION GAS AND ELECTRIC
 CORPORATIONS OR PRIVATE  DEVELOPERS.  SUCH  PROGRAM  SHALL  INCLUDE  THE
 FOLLOWING ELEMENTS:
   (A)  (I) COMBINATION GAS AND ELECTRIC CORPORATIONS OR PRIVATE DEVELOP-
 ERS SHALL OWN OR LEASE A BROWNFIELD SITE OR A DORMANT ELECTRIC  GENERAT-
 ING SITE; OR
   (II)  PRIVATE  DEVELOPERS OR COMBINATION GAS AND ELECTRIC CORPORATIONS
 SHALL OWN REAL PROPERTY AND ANY SUCH  PROPERTY  SHALL  BE  STRATEGICALLY
 LOCATED  TO  ALLOW  FOR  A MORE OPTIMIZED, SECURE AND FLEXIBLE RENEWABLE
 ELECTRIC POWER SYSTEM.
   (B) THE COMBINATION GAS AND ELECTRIC CORPORATION OR PRIVATE  DEVELOPER
 SHALL OWN THE INFRASTRUCTURE REQUIRED TO EFFECTIVELY INTEGRATE THE ELEC-
 TRICITY  PRODUCED INTO THE ELECTRIC SYSTEM. SUCH INFRASTRUCTURE SHALL BE
 INTERCONNECTED AND OPERATED IN PARALLEL WITH  THE  COMBINATION  GAS  AND
 ELECTRIC CORPORATION'S DISTRIBUTION FACILITIES.
   (C) THE COMBINATION GAS AND ELECTRIC CORPORATION SHALL ISSUE A REQUEST
 FOR PROPOSAL FOR THE CONSTRUCTION OF THE RENEWABLES.
   4.  A  COMBINATION GAS AND ELECTRIC CORPORATION OR A PRIVATE DEVELOPER
 SHALL PROVIDE THE COMMISSION WITH THE FOLLOWING:
   (A) AN EXAMINATION OF THE COSTS, BENEFITS AND RISKS  OF  ANY  PROPOSAL
 SUBMITTED  BY  A  COMBINATION  GAS  AND  ELECTRIC CORPORATION OR PRIVATE
 DEVELOPER INCLUDING THE RATE IMPLICATIONS TO CUSTOMERS.
   (B) A DEMONSTRATION THAT THE CORPORATION  HAS  ENTERED  INTO  A  LABOR
 PEACE AGREEMENT WITH A BONA FIDE LABOR ORGANIZATION OF JURISDICTION THAT
 IS  ACTIVELY  ENGAGED  IN  REPRESENTING  OR  ATTEMPTING TO REPRESENT THE
 COMBINATION GAS AND ELECTRIC CORPORATION'S EMPLOYEES.  THE  LABOR  PEACE
 AGREEMENT  SHALL  BE  AN  ONGOING MATERIAL CONDITION OF AUTHORIZATION TO
 PARTICIPATE  IN  THE  NEW  YORK  STATE  RENEWABLE  RECLAMATION  PROJECTS
 PROGRAM.
   5. THE COMBINATION GAS AND ELECTRIC CORPORATION MAY, WITH THE APPROVAL
 OF  THE COMMISSION, PARTICIPATE IN FUNDING OPPORTUNITIES PROVIDED BY THE
 NEW YORK STATE ENERGY RESEARCH  AND  DEVELOPMENT  AUTHORITY.  A  PRIVATE
 DEVELOPER  MAY  PARTICIPATE IN ANY FUNDING OPPORTUNITIES PROVIDED BY ANY
 STATE OR FEDERAL PROGRAM INCLUDING BUT NOT  LIMITED  TO  PUBLIC  BENEFIT
 CORPORATIONS.
   6.  THE  COMMISSION  SHALL ISSUE SUCH ORDERS, RULES AND REGULATIONS AS
 MAY BE NECESSARY AND APPROPRIATE FOR THE INTERPRETATION,  IMPLEMENTATION
 OR ADMINISTRATION OF THIS SECTION.
   § 2. This act shall take effect immediately.