NY State Senate Bill 2023-S2583A

Senate Bill S2583A

2023-2024 Legislative Session

Relates to providing the New York power authority with the right of first offer and refusal

download bill text pdf

Current Bill Status - In Senate Committee Finance 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 27, 2024	reported and committed to finance
Feb 21, 2024	print number 2583a
Feb 21, 2024	amend (t) and recommit to energy and telecommunications
Jan 03, 2024	referred to energy and telecommunications
Jan 23, 2023	referred to energy and telecommunications

Votes

- Feb 27, 2024 - Energy And Telecommunications Committee Vote
  S2583A
  
  4
  
  Aye
  
  2
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Energy And Telecommunications Committee Vote: Feb 27, 2024
      
      aye (4)
      
      Gonzalez
      
      Hinchey
      
      Mannion
      
      Parker
      
      nay (2)
      
      Borrello
      
      O'Mara
      
      aye wr (3)
      
      Kavanagh
      
      Kennedy
      
      Mattera

Bill Amendments

Original

A (Active)

co-Sponsors

2023-S2583 - Details

See Assembly Version of this Bill:: A443
Current Committee:: Senate Finance
Law Section:: Public Service Law
Laws Affected:: Add §28 Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7243, A8937
2021-2022: S3032, A1382

2023-S2583 - Summary

Provides the New York power authority with the right of first offer and refusal for acquiring any renewable generation facility, renewable energy generation project and any power or energy created by a renewable generation facility or renewable energy generation project.

2023-S2583 - Sponsor Memo

                                 
BILL NUMBER: S2583

SPONSOR: PARKER
 
PURPOSE OR GENERAL IDEA OF BILL:

This bill will provide temporary housing assistance to a single individ-
ual who meets the residential program providers' eligibility require-
ments for victims of domestic violence as defined in section four
hundred fifty-nine-a of the ,social services law, while allowing the
program provider to be reimbursed by New York State for any payment
differential for housing a single individual in a room intended for
double occupancy in order to address the system-wide lack of shelter for
single adults.

 
SUMMARY OF SPECIFIC PROVISIONS:

This bill will provide temporary housing assistance to a single individ-
ual who meets the residential program providers' eligibility require-
ments for victims of domestic violence as defined in section four
hundred fifty-nine-a of the social services law, while allowing the
program provider to be reimbursed by New York State for any payment
differential for housing a single individual in a room intended for
double occupancy in order to address the systemwide lack of shelter for

single adults.

 
JUSTIFICATION:

The domestic violence emergency shelter system was originally created to
provide short-term respite for victims of domestic violence and their
families who were fleeing imminent danger. All across New York State,
but particularly in New York City, domestic violence shelters were
created over several decades to house families rather than single
adults. Non-profit providers who operate these shelters are reimbursed
by the State (OCFS) per person per night.

This reimbursement from the State is supposed to cover the entire cost
of operating those shelters, including rent, utilities, staffing, insur-
ance, and other inflationary factors. Any reduction in this reimburse-
ment severely impacts the ability of the provider to cover the cost of
operating the shelter. As a result, domestic violence emergency shelter
providers have major financial disincentives to "downsize" a
room/apartment in order to accommodate a smaller family size, including
most prominently single adult victims of domestic violence, human traf-
ficking, and sexual assault. As a result, single adult victims of these
and other crimes have a much more difficult time trying to access domes-
tic violence emergency shelters, and instead may be forced to remain in
an unsafe situation. This legislation will require the State to preserve
the full reimbursement to providers who "downsize" a room configured for
a family of two to accommodate a single adult victim of violence, and
will therefore help increase system-wide capacity for single adults who
otherwise faced serious obstacles to accessing this shelter system.

 
PRIOR LEGISLATIVE HISTORY:

A.1847 of 2021-2022; A.2381 of 2019-2020; A.9672 of 2017-2018.

 
FISCAL IMPLICATIONS:

To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S2583 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2583
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2023
                                ___________
 
 Introduced by Sens. PARKER, GIANARIS, HOYLMAN-SIGAL, SALAZAR, SANDERS --
   read  twice  and  ordered printed, and when printed to be committed to
   the Committee on Energy and Telecommunications
 
 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
 AUTHORITY'S SAINT LAWRENCE HYDROELECTRIC PROJECT OR  NIAGARA  HYDROELEC-
 TRIC PROJECT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00334-01-3

 S. 2583                             2
 
   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
 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
 S. 2583                             3
 
 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.

co-Sponsors

2023-S2583A (ACTIVE) - Details

See Assembly Version of this Bill:: A443
Current Committee:: Senate Finance
Law Section:: Public Service Law
Laws Affected:: Add §28 Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7243, A8937
2021-2022: S3032, A1382

2023-S2583A (ACTIVE) - Summary

2023-S2583A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2583A

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend 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 facilities

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill will provide temporary housing assistance to a single individ-
ual who meets the residential program providers' eligibility require-
ments for victims of domestic violence as defined in section four
hundred fifty-nine-a of the ,social services law, while allowing the
program provider to be reimbursed by New York State for any payment
differential for housing a single individual in a room intended for
double occupancy in order to address the system-wide lack of shelter for
single adults.

 
SUMMARY OF SPECIFIC PROVISIONS:

This bill will provide temporary housing assistance to a single individ-
ual who meets the residential program providers' eligibility require-
ments for victims of domestic violence as defined in section four
hundred fifty-nine-a of the social services law, while allowing the
program provider to be reimbursed by New York State for any payment
differential for housing a single individual in a room intended for
double occupancy in order to address the systemwide lack of shelter for
single adults.

 
JUSTIFICATION:

The domestic violence emergency shelter system was originally created to
provide short-term respite for victims of domestic violence and their
families who were fleeing imminent danger. All across New York State,
but particularly in New York City, domestic violence shelters were
created over several decades to house families rather than single
adults. Non-profit providers who operate these shelters are reimbursed
by the State (0CFS) per person per night.

This reimbursement from the State is supposed to cover the entire cost
of operating those shelters, including rent, utilities, staffing, insur-
ance, and other inflationary factors. Any reduction in this reimburse-
ment severely impacts the ability of the provider to cover the cost of
operating the shelter. As a result, domestic violence emergency shelter
providers have major financial disincentives to "downsize" a
room/apartment in order to accommodate a smaller family size, including
most prominently single adult victims of domestic violence, human traf-
ficking, and sexual assault. As a result, single adult victims of these
and other crimes have a much more difficult time trying to access domes-
tic violence emergency shelters, and instead may be forced to remain in
an unsafe situation. This legislation will require the State to preserve
the full reimbursement to providers who "downsize" a room configured for
a family of two to accommodate a single adult victim of violence, and
will therefore help increase system-wide capacity for single adults who
otherwise faced serious obstacles to accessing this shelter system.

 
PRIOR LEGISLATIVE HISTORY:

A.1847 of 2021-2022;

A.2381 of 2019-2020;

A.9672 of 2017-2018.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S2583A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2583--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2023
                                ___________
 
 Introduced by Sens. PARKER, GIANARIS, HOYLMAN-SIGAL, SALAZAR, SANDERS --
   read  twice  and  ordered printed, and when printed to be committed to
   the Committee on Energy and Telecommunications -- recommitted  to  the
   Committee  on  Energy and Telecommunications in accordance with Senate
   Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend 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 facilities
 
   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
 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, AT THE TIME OF SALE OF SUCH
 FACILITY OR PROJECT. IN THE EVENT THAT THE AUTHORITY  DECIDES  TO  MATCH
 AND  OFFER  SUCH  PURCHASE PRICE, THE AUTHORITY SHALL ASSUME THE ROLE OF
 THE SOLE PURCHASER OF THE RENEWABLE GENERATION FACILITY, RENEWABLE ENER-
 GY GENERATION PROJECT OR ANY POWER OR  ENERGY  CREATED  BY  A  RENEWABLE
 GENERATION FACILITY OR RENEWABLE ENERGY GENERATION PROJECT.
   §  2.  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.
   § 3. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00334-02-4

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Senate Bill S2583A

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Sponsored By

Current Bill Status - In Senate Committee Finance Committee

Bill Amendments

co-Sponsors

2023-S2583 - Details

2023-S2583 - Summary

2023-S2583 - Sponsor Memo

2023-S2583 - Bill Text download pdf

co-Sponsors

2023-S2583A (ACTIVE) - Details

2023-S2583A (ACTIVE) - Summary

2023-S2583A (ACTIVE) - Sponsor Memo

2023-S2583A (ACTIVE) - Bill Text download pdf

Comments