S T A T E O F N E W Y O R K
________________________________________________________________________
1546
2025-2026 Regular Sessions
I N S E N A T E
January 10, 2025
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Introduced by Sens. PARKER, ADDABBO, 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 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, WITHIN THE TIMEFRAMES PROVIDED IN THIS
SECTION, THE AUTHORITY SHALL ASSUME THE ROLE OF THE SOLE PURCHASER OF
THE RENEWABLE GENERATION FACILITY, RENEWABLE ENERGY GENERATION PROJECT
OR ANY POWER OR ENERGY CREATED BY A RENEWABLE GENERATION FACILITY OR
RENEWABLE ENERGY GENERATION PROJECT. IN THE EVENT THAT THE AUTHORITY
DECIDED TO EXERCISE THE RIGHT OF FIRST OFFER, IT SHALL MAKE SUCH OFFER
WITHIN THIRTY DAYS AFTER THE NOTICE OF SALE FOR A RENEWABLE ENERGY
GENERATIONS PROJECT OR RENEWABLE GENERATION FACILITY WITH A NAMEPLATE
CAPACITY OF LESS THAN TWENTY-FIVE MEGAWATTS AND WITHIN SIXTY DAYS FOR A
RENEWABLE ENERGY GENERATION PROJECT OR RENEWABLE GENERATION FACILITY
WITH A NAMEPLATE CAPACITY LARGER THAN TWENTY-FIVE MEGAWATTS.
§ 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.
LBD04518-01-5