S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8758
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 2, 2025
                                ___________
 
 Introduced  by M. of A. BARRETT -- read once and referred to the Commit-
   tee on Energy
 
 AN ACT to amend  the  environmental  conservation  law  and  the  public
   service law, in relation to enacting the accelerate solar for afforda-
   ble power (ASAP) act
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "accelerate solar for affordable power (ASAP) act".
   §  2.  Legislative  findings  and  intent.  The legislature finds that
 increasing distributed solar  energy  capacity  and  lowering  intercon-
 nection  costs  are  essential  for achieving the state's affordability,
 economic development, and environmental goals. It is the intent  of  the
 legislature to amend the climate leadership and community protection act
 to set a new target for distributed solar energy capacity and direct the
 public  service  commission  to advance reforms to the utility intercon-
 nection process to ensure timely and cost-effective integration  of  new
 distributed  energy resources, such as solar and energy storage systems,
 into the electric distribution system.
   § 3. Paragraph e of subdivision 13 of section 75-0103 of the  environ-
 mental conservation law, as added by chapter 106 of the laws of 2019, is
 amended to read as follows:
   e.  Measures  to  achieve  [six] TWENTY gigawatts of distributed solar
 energy capacity installed in the state  by  two  thousand  [twenty-five]
 THIRTY-FIVE,  nine  gigawatts of offshore wind capacity installed by two
 thousand thirty-five, a statewide energy efficiency goal of one  hundred
 eighty-five trillion British thermal units energy reduction from the two
 thousand  twenty-five  forecast; and three gigawatts of statewide energy
 storage capacity by two thousand thirty.
   § 4. The public service law is amended by adding a new section 66-x to
 read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10828-01-5
              

 A. 8758                             2
 
   § 66-X. INTERCONNECTION REFORMS. 1. (A)  WITHIN  NINETY  DAYS  OF  THE
 EFFECTIVE  DATE  OF  THIS  SECTION  THE  COMMISSION SHALL ISSUE AN ORDER
 REQUIRING EVERY ELECTRIC CORPORATION TO FILE A REPORT WITH  THE  COMMIS-
 SION  WHICH  SHALL  INCLUDE  ITEMIZED COSTS OF COMPLETED UPGRADES TO THE
 ELECTRIC  DISTRIBUTION  SYSTEM  REQUIRED  IN  ORDER  TO INTERCONNECT NEW
 DISTRIBUTED ENERGY  RESOURCES  IN  THE  PRIOR  CALENDAR  CATEGORIZED  BY
 UPGRADE  TYPE  AND  EQUIPMENT  TYPE ANNUALLY BY MARCH THIRTY-FIRST. SUCH
 REPORTS SHALL BE ACCOMPANIED BY SUFFICIENT SUPPORTING  DOCUMENTATION  AS
 DETERMINED  BY  THE  COMMISSION,  AND SHALL BE SUBJECT TO INSPECTION AND
 PUBLIC COMMENT  BEFORE  ADOPTION  BY  THE  COMMISSION.  ADOPTED  REPORTS
 RECEIVED  PURSUANT  TO  THIS  PARAGRAPH  SHALL BE THE BASIS FOR ELECTRIC
 CORPORATIONS TO DEVELOP FUTURE DISTRIBUTION UPGRADE COST ESTIMATES.
   (B) ELECTRIC CORPORATIONS SHALL TRACK ACTUAL COSTS OF ALL DISTRIBUTION
 UPGRADES THEY PERFORM AND DISCLOSE SUCH COSTS TO THE DEPARTMENT  AND  TO
 THE  DISTRIBUTED  ENERGY RESOURCE COMPANY THAT PAID FOR THE UPGRADE. THE
 DEPARTMENT SHALL MAINTAIN A DATABASE ON ITS PUBLICLY ACCESSIBLE  WEBSITE
 OF  ALL  DISCLOSED  COST  DATA  AND ANNUAL REPORTS SUBMITTED PURSUANT TO
 PARAGRAPH (A) OF THIS SUBDIVISION.
   2. WITHIN NINETY DAYS OF  THE  EFFECTIVE  DATE  OF  THIS  SECTION  THE
 COMMISSION  SHALL  ISSUE AN ORDER DIRECTING ALL ELECTRIC CORPORATIONS TO
 DEVELOP A PROGRAM ALLOWING  DISTRIBUTED  ENERGY  RESOURCE  COMPANIES  TO
 SELF-PERFORM  CERTAIN  DISTRIBUTION  UPGRADES,  PROVIDED SUCH WORK MEETS
 SAFETY, RELIABILITY, LABOR AND TECHNICAL STANDARDS.  ELECTRIC  COMPANIES
 SHALL  ALLOW  SELF-PERFORMANCE OF POINT-OF-INTERCONNECTION FACILITIES ON
 DEENERGIZED LINES, INCLUDING EXPRESS FEEDERS. THE COMMISSION MAY CONSID-
 ER EXPANDING PROGRAM REQUIREMENTS TO INCLUDE ADDITIONAL SCOPES  OF  WORK
 IN  CONSULTATION  WITH THE ELECTRIC CORPORATIONS AND OTHER STAKEHOLDERS.
 FOR PROJECTS ABOVE ONE MEGAWATT AC, PREVAILING WAGES SHALL  BE  REQUIRED
 FOR ANY WORK PERFORMED UNDER A PROGRAM DEVELOPED PURSUANT TO THIS SUBDI-
 VISION. ELECTRIC CORPORATIONS SHALL NOT IMPOSE UNREASONABLE RESTRICTIONS
 ON  SELF-PERFORMED  UPGRADES  AND  SHALL  RESPOND  TO CUSTOMER-SUBMITTED
 UPGRADE PLANS WITHIN THIRTY DAYS.  ELECTRIC  CORPORATION  CUSTOMERS  MAY
 APPEAL THE DENIAL OF A SELF-PERFORMANCE REQUEST TO THE COMMISSION, WHICH
 SHALL  ADJUDICATE SUCH DISPUTES WITHIN SIXTY DAYS OF THE RECEIPT OF SUCH
 APPEAL.
   3. THE COMMISSION SHALL CONSIDER PROPOSALS TO CREATE GREATER COST-CER-
 TAINTY FOR DISTRIBUTION UPGRADES IN ORDER TO LIMIT THE RISK OF  UNCAPPED
 UTILITY  COST  OVERRUNS,  AND  THE  COMMISSION  SHALL  ISSUE AN ORDER TO
 INCREASE COST-CERTAINTY AND COUNTERACT UTILITY COST OVERRUNS WITHIN  ONE
 HUNDRED EIGHTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION.
   §  5.  Subdivision  1  of  section  66-j  of the public service law is
 amended by adding a new paragraph (j) to read as follows:
   (J) "FLEXIBLE INTERCONNECTION" MEANS THE USE OF SMART-GRID  TECHNOLOGY
 TO MONITOR AND ACTIVELY MANAGE DISTRIBUTED ENERGY RESOURCES.
   §  6.  Section 66-j of the public service law is amended by adding two
 new subdivisions 2-a and 6-a to read as follows:
   2-A. FLEXIBLE INTERCONNECTION. (A) THE COMMISSION SHALL  DIRECT  EVERY
 ELECTRIC  CORPORATION  TO  DEVELOP  A  PROPOSAL FOR A FLEXIBLE INTERCON-
 NECTION PROGRAM TO BE ESTABLISHED IN THE STATE. WITHIN  NINETY  DAYS  OF
 THE  EFFECTIVE  DATE  OF  THIS  SUBDIVISION,  ELECTRIC CORPORATIONS WITH
 ACTIVE FLEXIBLE INTERCONNECTION PILOT PROJECTS  SHALL  FILE  A  FLEXIBLE
 INTERCONNECTION IMPLEMENTATION PLAN, INCLUDING PROPOSED TARIFF MODIFICA-
 TIONS  AND INTERCONNECTION AGREEMENT CONTRACT LANGUAGE, WITH THE COMMIS-
 SION. THE COMMISSION SHALL  SOLICIT  PUBLIC  COMMENTS  ON  THE  ELECTRIC
 CORPORATION  PROPOSALS, CONSIDER ALTERNATIVE PROPOSALS, CONVENE AT LEAST
 TWO TECHNICAL CONFERENCES, AND CONSULT WITH STAKEHOLDERS THROUGHOUT  THE
 A. 8758                             3
 
 PROCESS  OF  PROGRAM  DEVELOPMENT. EVERY ELECTRIC CORPORATION WHICH DOES
 NOT HAVE AN ACTIVE FLEXIBLE INTERCONNECTION  PILOT  PROJECT  SHALL  FILE
 COMMENTS  IN  RESPONSE  TO THE INITIAL PROPOSAL AND MAY FILE ALTERNATIVE
 PROPOSALS  FOR  CONSIDERATION.  WITHIN ONE YEAR OF THE EFFECTIVE DATE OF
 THIS SUBDIVISION, THE COMMISSION SHALL ISSUE  AN  ORDER  ESTABLISHING  A
 UNIFORM  STATEWIDE  FLEXIBLE INTERCONNECTION PROGRAM. SUCH PROGRAM SHALL
 INCLUDE CLEARLY DEFINED LIMITS TO ANNUAL ENERGY  CURTAILMENT  FOR  SOLAR
 ENERGY SYSTEMS AND SHALL INCLUDE TRANSPARENT PRICING FOR CUSTOMER-FUNDED
 EQUIPMENT,  SOFTWARE AND OPERATING EXPENSES. THIS PROGRAM SHALL BE TECH-
 NOLOGY AGNOSTIC, AND ELECTRIC CORPORATIONS MUST  CONSIDER  CUSTOMER-PRO-
 POSED   FLEXIBLE  INTERCONNECTION  SOLUTIONS  THAT  MEET  THE  TECHNICAL
 REQUIREMENTS OF THE ELECTRIC CORPORATION.
   (B) THE COMMISSION SHALL ESTABLISH GUIDELINES AND  TIMELINES  FOR  THE
 IMPLEMENTATION  OF FLEXIBLE INTERCONNECTION PROCEDURES TO LOWER THE COST
 AND SHORTEN THE TIMELINE TO INTEGRATE DISTRIBUTED ENERGY RESOURCES.
   6-A. DISTRIBUTED ENERGY RESOURCE CAPACITY EXPANSION. (A) WITHIN  THREE
 MONTHS  OF  THE EFFECTIVE DATE OF THIS SUBDIVISION, THE COMMISSION SHALL
 ESTABLISH A DISTRIBUTION SYSTEM INVESTMENT PROGRAM WHOSE PURPOSE  IS  TO
 IDENTIFY   AND  DIRECT  ELECTRIC  CORPORATIONS  TO  IMPLEMENT  PROACTIVE
 DISTRIBUTION UPGRADES THAT CREATE DISTRIBUTED  ENERGY  RESOURCE  HOSTING
 CAPACITY.  SUCH  PROGRAM  SHALL  BE INTEGRATED INTO THE COORDINATED GRID
 PLANNING PROCESS, AND ELECTRIC CORPORATIONS SHALL SUBMIT ANNUAL  REPORTS
 TO  THE  COMMISSION  DETAILING  ACTIONS  TAKEN  AND ELECTRIC CORPORATION
 INVESTMENTS MADE TO  EXPAND  HOSTING  CAPACITY  FOR  DISTRIBUTED  ENERGY
 RESOURCES.
   (B) THE COMMISSION SHALL ESTABLISH A DEFINED DISTRIBUTION SYSTEM VOLT-
 AGE  THRESHOLD OF 69KV, EXCLUDING ANY LINES UNDER FEDERAL ENERGY REGULA-
 TORY COMMISSION JURISDICTION, SUCH THAT ELECTRIC INFRASTRUCTURE OWNED BY
 ELECTRIC CORPORATIONS WITH A VOLTAGE AT OR BELOW 69KV SHALL  BE  CONSID-
 ERED DISTRIBUTION FOR THE PURPOSES OF DISTRIBUTED ENERGY RESOURCE INTER-
 CONNECTION AND DISTRIBUTED ENERGY RESOURCE COMPENSATION. ALL DISTRIBUTED
 ENERGY  RESOURCES  SEEKING  TO  INTERCONNECT  TO THE DISTRIBUTION SYSTEM
 SHALL BE ELIGIBLE FOR INTERCONNECTION UNDER THE NEW YORK STATE STANDARD-
 IZED INTERCONNECTION REQUIREMENTS AND SHALL BE ELIGIBLE FOR COMPENSATION
 UNDER THE VALUE OF DISTRIBUTED ENERGY RESOURCES TARIFF.
   § 7. Implementation. 1. The New York state energy research and  devel-
 opment  authority  (NYSERDA),  in  collaboration  with the department of
 public service, is hereby directed to file a proposal  to  continue  the
 NY-Sun  program  to develop and implement initiatives necessary to cost-
 effectively achieve the new distributed solar goal  set  forth  in  this
 act.  The  implementation plan shall include incentives and other initi-
 atives to support rooftop solar for homes  and  businesses  as  well  as
 community solar, with at least thirty-five percent of program investment
 benefiting low- to moderate-income households and disadvantaged communi-
 ties.  The  implementation plan may include rate design improvements and
 additional interconnection reforms to lower the cost of the program.
   2. From available funds,  the  public  service  commission  is  hereby
 directed to issue an order authorizing additional funding to NYSERDA for
 the continuation of the NY-Sun program. Such funding shall be sufficient
 to  support  the  development  and  implementation  of  the  initiatives
 required to meet the new distributed solar goal. NY-Sun funding  may  be
 authorized  by  the  commission  in increments to control program costs,
 provided that these increments must be sufficient to  support  at  least
 two gigawatts of solar energy capacity each. The commission shall ensure
 that  the  NY-Sun  program  operates continuously, without interruption,
 until the distributed solar goal is reached.
 A. 8758                             4
 
   3. The public service commission is hereby directed  to  issue  orders
 necessary  to  effectuate  the provisions and modifications set forth in
 this act.
   § 8. This act shall take effect immediately.