S T A T E O F N E W Y O R K
________________________________________________________________________
1382
2021-2022 Regular Sessions
I N A S S E M B L Y
January 8, 2021
___________
Introduced by M. of A. CARROLL, ROZIC, KIM, RICHARDSON, COLTON, SIMON,
DINOWITZ, GOTTFRIED, DICKENS, WEPRIN, L. ROSENTHAL, BARNWELL, CRUZ --
Multi-Sponsored by -- M. of A. COOK, HYNDMAN -- 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 providing the New York power authority with the right
of first offer and refusal for certain renewable generation facilities
and any power or energy created by such renewable generation facili-
ties; bans energy services companies; and to repeal certain provisions
of the general business law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1005 of the public authorities law is amended by
adding two new subdivisions 28 and 29 to read as follows:
28. (A) TO PURCHASE, FINANCE, PLAN, DESIGN, ENGINEER, ACQUIRE,
CONSTRUCT, OPERATE OR MANAGE ANY RENEWABLE GENERATION FACILITY, RENEWA-
BLE ENERGY GENERATING PROJECT, BATTERY ENERGY STORAGE SYSTEMS, RENEWABLE
THERMAL ENERGY TECHNOLOGY SUCH AS HEAT PUMPS, SOLAR THERMAL, OR OTHER
HEATING OR COOLING TECHNOLOGIES USING RENEWABLE SOURCES OF ENERGY THAT
DO NOT EMIT GREENHOUSE GASES, OR ANY POWER OR ENERGY CREATED BY A RENEW-
ABLE GENERATION FACILITY OR RENEWABLE ENERGY GENERATION PROJECT UNDER
THE RIGHT OF FIRST OFFER AND REFUSAL ESTABLISHED UNDER SECTION TWENTY-
EIGHT OF THE PUBLIC SERVICE LAW.
(B) FOR PURPOSES OF THIS SUBDIVISION, "RENEWABLE ENERGY GENERATING
PROJECT" SHALL MEAN A PROJECT THAT GENERATES POWER AND ENERGY BY MEANS
OF RENEWABLE ENERGY RESOURCES, OR THAT STORES AND SUPPLIES POWER AND
ENERGY GENERATED BY MEANS OF RENEWABLE ENERGY RESOURCES, AND INCLUDES
THE CONSTRUCTION, INSTALLATION AND/OR OPERATION OF ANCILLARY FACILITIES
OR EQUIPMENT DONE IN CONNECTION WITH ANY SUCH RENEWABLE ENERGY GENERAT-
ING PROJECTS, PROVIDED, HOWEVER, THAT SUCH TERM SHALL NOT INCLUDE THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05570-01-1
A. 1382 2
AUTHORITY'S SAINT LAWRENCE HYDROELECTRIC PROJECT OR NIAGARA HYDROELEC-
TRIC PROJECT.
29. TO SELL OR PROVIDE ENERGY SERVICES TO END-USE CUSTOMERS USING THE
TRANSMISSION OR DISTRIBUTION SYSTEM OF A UTILITY. ANY POWER OR ENERGY
SOLD UNDER THIS SUBDIVISION SHALL BE MADE ENTIRELY FROM RENEWABLE ENERGY
RESOURCES. FOR THE PURPOSES OF THIS SUBDIVISION, "RENEWABLE ENERGY
RESOURCES" MEANS SOLAR POWER, WIND POWER, HYDROELECTRIC, AND ANY OTHER
GENERATION RESOURCE AUTHORIZED BY ANY RENEWABLE ENERGY STANDARD ADOPTED
BY THE STATE FOR THE PURPOSE OF IMPLEMENTING ANY STATE CLEAN ENERGY
STANDARD.
§ 2. The public service law is amended by adding a new section 28 to
read as follows:
§ 28. NEW YORK POWER AUTHORITY RIGHT OF FIRST OFFER AND REFUSAL. THE
NEW YORK POWER AUTHORITY, AS ESTABLISHED BY TITLE ONE OF ARTICLE FIVE OF
THE PUBLIC AUTHORITIES LAW, SHALL BE ALLOWED TO MATCH THE PURCHASE PRICE
OF ANY RENEWABLE GENERATION FACILITY, RENEWABLE ENERGY GENERATION
PROJECT AND ANY POWER OR ENERGY CREATED BY A RENEWABLE GENERATION FACIL-
ITY OR RENEWABLE ENERGY GENERATION PROJECT. IN THE EVENT THAT SUCH
AUTHORITY MATCHES SUCH PURCHASE PRICE, SUCH AUTHORITY SHALL ASSUME THE
ROLE OF PURCHASER OF THE RENEWABLE GENERATION FACILITY, RENEWABLE ENERGY
GENERATION PROJECT OR ANY POWER OR ENERGY CREATED BY A RENEWABLE GENER-
ATION FACILITY OR RENEWABLE ENERGY GENERATION PROJECT.
§ 3. Section 349-d of the general business law is REPEALED.
§ 4. Paragraph (a) of subdivision 27 of section 1005 of the public
authorities law, as added by section 2 of part LL of chapter 58 of the
laws of 2019, is amended to read as follows:
(a) Notwithstanding any other provision of this title, as deemed
feasible and advisable by the trustees, the authority is authorized to
undertake the following actions when it deems it necessary or desirable
to address the energy-related needs of any (i) authority customer, (ii)
public entity, or (iii) CCA community:
(1) (A) supply power and energy procured from competitive market
sources to any (i) authority customer, (ii) public entity, or (iii) CCA
community through the supply of such products through an [energy
services company or other] entity that is authorized by the public
service commission to procure and sell energy products to participants
of a CCA program, provided, however, that the authority shall not supply
at any point more than a total of four hundred megawatts of power and
energy to authority customers and public entities pursuant to the
authority of this clause;
(B) supply renewable power, energy, or related credits or attributes
procured through a competitive process, from competitive market sources,
or through negotiation when a competitive procurement is not reasonably
feasible and such products can be procured on reasonably competitive
terms to (i) any authority customer, (ii) any public entity, or (iii)
any CCA community through the supply of such products through an [energy
services company or other] entity that is authorized by the public
service commission to procure and sell energy products to participants
of a CCA program; and
(2) (A) alone or jointly with one or more other entities, finance the
development of renewable energy generating projects that are located in
the state, including its territorial waters, and/or on property or in
waters under the jurisdiction or regulatory authority of the United
States, (B) purchase power, energy or related credits or attributes
produced from such renewable energy generating projects, and (C) allo-
cate and sell any such products to (i) any authority customer, (ii) any
A. 1382 3
public entity, and (iii) any CCA community through [an] A NOT-FOR-PROFIT
energy services company or other entity that is authorized by the public
service commission to procure and sell energy products to participants
of a CCA program, provided that the authority shall not, pursuant to the
authority in this subparagraph, finance more than six renewable energy
generation projects and have a per-project electric generating capacity
in excess of twenty-five megawatts.
§ 5. Subdivision 5 of section 44 of the public service law, as added
by chapter 359 of the laws of 2009, is amended to read as follows:
5. At least once a year, every utility corporation, NOT-FOR-PROFIT
energy services company or municipality shall provide its customers with
a notice that billing statements are available in large print format.
Upon written request by a customer, a utility corporation, NOT-FOR-PRO-
FIT energy services company or municipality shall provide the customer's
billing statements in the large print format commencing no later than
sixty days after the date upon which the request is received by the
utility corporation[, energy services company] or municipality. The
provisions of this subdivision shall apply only to printed statements.
For the purposes of this section, "large print" shall mean a printed
font size of sixteen or greater to illuminate billing information. For
the purposes of this section, "NOT-FOR-PROFIT energy services company"
or "NOT-FOR-PROFIT ESCO" shall mean [an] A NOT-FOR-PROFIT entity eligi-
ble to sell energy services to end-use customers using the transmission
or distribution system of a utility corporation.
§ 6. Nothing in this act is intended to limit, impair, or affect the
legal authority of the power authority of the state of New York under
any other provision of title 1 of article 5 of the public authorities
law.
§ 7. This act shall take effect immediately; provided that the amend-
ments to subdivision 27 of section 1005 of the public authorities law
made by section four of this act shall not affect the repeal of such
subdivision and shall be deemed repealed therewith.