S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    443
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2023
                                ___________
 
 Introduced  by  M.  of  A. CARROLL, ROZIC, KIM, COLTON, SIMON, DINOWITZ,
   DICKENS, WEPRIN, L. ROSENTHAL, CRUZ, GONZALEZ-ROJAS, BURDICK, MITAYNES
   -- 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 30 and 31 to read as follows:
   30.  (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.
                                                            LBD00334-01-3
 A. 443                              2
              

 
 AUTHORITY'S  SAINT  LAWRENCE HYDROELECTRIC PROJECT OR NIAGARA HYDROELEC-
 TRIC PROJECT.
   31.  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. 443                              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.