NY State Senate Bill 2021-S1350

Senate Bill S1350

2021-2022 Legislative Session

Enacts the "renewable energy bill of rights"; declares that each natural person who is a resident of this state has the right to generate, consume and export renewable energy

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Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to energy and telecommunications
Jan 11, 2021	referred to energy and telecommunications

co-Sponsors

2021-S1350 (ACTIVE) - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add §66-q, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5231
2023-2024: S2627

2021-S1350 (ACTIVE) - Summary

Enacts the "renewable energy bill of rights"; declares that each natural person who is a resident of this state has the right to generate, consume and export renewable energy.

2021-S1350 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1350

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the public service law, in relation to enacting the
"renewable energy bill of rights"

 
PURPOSE:

The purpose of this bill is to affirm the right of each resident of New
York State to generate, consume and export renewable energy and reduce
his or her use of electricity from the power grid.

 
SUMMARY OF PROVISIONS:

This bill amends the public service law by adding a new section 66-p to
declare that each resident of the state has the right to:

*Generate, consume and export renewable energy and reduce use of elec-
tricity obtained from the grid;

*Use technology to store energy at his or her residence;
*Connect such system with the electricity meter on the customer's side
that is provided by the electric corporation, in a timely manner and in
accordance with requirements established by the electric corporation;
*Receive fair credit for renewable energy exported to the grid pursuant
to sections 66-j or 66-1 of this article;
*Consumer protections in contracts for renewable energy;
*Have his or her generation of renewable energy given priority in plan-
ning and acquisition of energy resources by an electric utility;
*Remain within the existing rate class, including the fees and charges
assigned thereto, to which the resident would belong in the absence of a
net metering system.

For purposes of this bill the term "renewable energy" shall mean energy
generated from any noncombustible renewable energy source set forth in
sections 66-j or 66-1 of this article.

 
JUSTIFICATION:

As renewable energy options like solar and wind power are becoming
increasing available and affordable to New Yorkers, utility companies
and, in some cases, municipalities, are finding ways to resist or inter-
fere with what many legal scholars are now agreeing is an extension of
the common law as it pertains to use of personal property - the right to
self-generate electricity as a grid-connected customer. (1) The individ-
ual's right to make use of their property for their benefit is a right
that seems so self-evident it would not require codifying; yet, there
have been numerous instances where utilities have obstructed the connec-
tivity of residential energy installations back to the power grid or
refused to give fair credit to the customer for excess electricity
generated.

A New York "renewable energy bill of rights" will solidify the individ-
ual's right to generate electricity for their own use while remaining
connected to the grid, if they so choose. This legislation should also
increase participation in the state's renewable energy incentive
programs like NY-SUN and others administered by NYSERDA. At least one
other state, Nevada, has enacted similar legislation. New Yorkers'
"Right to Renew" will be preserved and codified with this legislation,
affording residents the legal standing to use available, non-combustion
based technology to produce electricity on their property for their own
use: It will also assure those generating renewable energy consumer
protections and fair credit for any excess electricity they wish to
place back on the grid through existing electricity transmission lines.

(1) https://wwvv.eba-net.org/assets/1/6/23-305-326-Wellinghoff FINAL
111.101.pdf

 
FISCAL IMPACT:

None to the State

 
LEGISLATIVE HISTORY:

2019-2020 - S.5231 (May) Referred to Energy and Telecommunications

 
EFFECTIVE DATE:
Immediately

2021-S1350 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1350
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2021
                                ___________
 
 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-q to
 read as follows:
   § 66-Q. 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.

                                                            LBD04483-01-1

 S. 1350                             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.

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Senate Bill S1350

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Rachel May