Senate Bill S5231

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5231
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 17, 2019
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 AN  ACT  to  amend  the  public service law, in relation to enacting the
   "renewable energy bill of rights"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. This act shall be known and may be cited as the "renewable
 energy bill of rights".
   § 2. The public service law is amended by adding a new section 66-p to
 read as follows:
   § 66-P. RIGHT TO RENEWABLE ENERGY. 1. THE  LEGISLATURE  DECLARES  THAT
 EACH NATURAL PERSON WHO IS A RESIDENT OF THIS STATE HAS THE RIGHT TO:
   (A)  GENERATE,  CONSUME  AND EXPORT RENEWABLE ENERGY AND REDUCE HIS OR
 HER USE OF ELECTRICITY THAT IS OBTAINED FROM THE GRID;
   (B) USE TECHNOLOGY TO STORE ENERGY AT HIS OR HER RESIDENCE;
   (C) IF THE PERSON GENERATES RENEWABLE ENERGY PURSUANT TO PARAGRAPH (A)
 OF THIS SUBDIVISION, OR STORES ENERGY PURSUANT TO PARAGRAPH (B) OF  THIS
 SUBDIVISION,  OR ANY COMBINATION THEREOF, CONNECT HIS OR HER SYSTEM THAT
 GENERATES RENEWABLE ENERGY OR STORES ENERGY, OR ANY COMBINATION THEREOF,
 WITH THE ELECTRICITY METER ON THE CUSTOMER'S SIDE THAT IS PROVIDED BY AN
 ELECTRIC CORPORATION:
   (I) IN A TIMELY MANNER;
   (II) IN ACCORDANCE  WITH  REQUIREMENTS  ESTABLISHED  BY  THE  ELECTRIC
 CORPORATION TO ENSURE THE SAFETY OF ELECTRIC CORPORATION WORKERS; AND
   (III)  AFTER  PROVIDING  WRITTEN  NOTICE  TO  THE ELECTRIC CORPORATION
 PROVIDING SERVICE IN THE SERVICE TERRITORY AND INSTALLING A NOMENCLATURE
 PLATE ON THE ELECTRICITY METER  PANEL  INDICATING  THAT  A  SYSTEM  THAT
 GENERATES RENEWABLE ENERGY OR STORES ENERGY, OR ANY COMBINATION THEREOF,
 IS  PRESENT,  IF  THE SYSTEM MEETS ALL APPLICABLE STATE AND LOCAL SAFETY
 AND ELECTRICAL CODE REQUIREMENTS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10439-01-9

 S. 5231                             2
 
   (D) RECEIVE FAIR CREDIT FOR ANY  RENEWABLE  ENERGY  OR  STORED  ENERGY
 EXPORTED  TO  THE GRID PURSUANT TO SECTION SIXTY-SIX-J OR SIXTY-SIX-L OF
 THIS ARTICLE OR BOTH;
   (E) CONSUMER PROTECTIONS IN CONTRACTS FOR RENEWABLE ENERGY;
   (F)  HAVE  HIS OR HER GENERATION OF RENEWABLE ENERGY GIVEN PRIORITY IN
 PLANNING AND ACQUISITION OF ENERGY RESOURCES BY AN ELECTRIC UTILITY; AND
   (G) REMAIN WITHIN THE EXISTING RATE CLASS TO WHICH THE RESIDENT  WOULD
 BELONG  IN  THE ABSENCE OF A NET METERING SYSTEM OR A SYSTEM THAT GENER-
 ATES RENEWABLE ENERGY OR STORES  ENERGY,  OR  ANY  COMBINATION  THEREOF,
 WITHOUT ANY FEES OR CHARGES THAT ARE DIFFERENT THAN THE FEES AND CHARGES
 ASSESSED TO CUSTOMERS OF THE SAME RATE CLASS, REGARDLESS OF THE TECHNOL-
 OGIES  ON THE CUSTOMER'S SIDE OF THE ELECTRICITY METER, INCLUDING, WITH-
 OUT LIMITATION, ENERGY PRODUCTION, ENERGY SAVINGS,  ENERGY  CONSUMPTION,
 ENERGY STORAGE OR ENERGY SHIFTING TECHNOLOGIES, PROVIDED THAT SUCH TECH-
 NOLOGIES  DO  NOT  COMPROMISE  THE SAFETY AND RELIABILITY OF THE UTILITY
 GRID.
   2. FOR PURPOSES OF THIS SECTION, THE  TERM  "RENEWABLE  ENERGY"  SHALL
 MEAN  ENERGY  GENERATED FROM ANY NON-COMBUSTIBLE RENEWABLE ENERGY SOURCE
 SET FORTH IN SECTION SIXTY-SIX-J OR SIXTY-SIX-L OF THIS ARTICLE.
   § 3. This act shall take effect immediately.