Senate Bill S2109

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2109
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2025
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the executive  law,  in  relation  to  establishing  the
   distributed generation for community solar siting commission
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. The Legislature finds and declares  the
 following:
   It  is  the policy of the State of New York as laid out in the Climate
 Leadership and Community Protection act (CLCPA) as well as  other  laws,
 regulations  and  proceedings  of the public service commission, that by
 the year 2040, New York State will derive 100% of its energy from carbon
 free sources with an interim goal of 70% by 2030. Further, the state has
 and continues to move toward a carbon free  future  and  a  carbon  free
 economy.  As  a  part  of this movement, NYS has adopted legislation and
 regulations related to community solar projects and worked  through  the
 NY  Sun  program  and  other means to assist in funding more distributed
 solar projects and encouraging investment and job creation in the  clean
 energy  sector.   Audits by the Comptroller and reports from NYSERDA and
 other agencies have, however, begun to show  a  troubling  pattern.  New
 York is not on track to meet its energy goals, with many projects in the
 pipeline  but  fewer and fewer coming to fruition and completion. If our
 state does not triple its renewable energy capacity in the coming years,
 we will miss our 2030 goal. "Distributed Generation, including Community
 Distributed Generation ("CDG")" for "Community Solar" is one of the keys
 to New York meeting its stated goals, and yet, in this important sector,
 development is slowing, and local opposition is mounting.  The  legisla-
 ture  wishes to discover the causes of this slowdown and evaluate policy
 recommendations that  can  accelerate  the  siting  of  community  solar
 projects in support of our 2030 and 2040 goals.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03604-01-5
 S. 2109                             2
              

 
   § 2. The executive law is amended by adding a new article 49-D to read
 as follows:
                                ARTICLE 49-D
       DISTRIBUTED GENERATION FOR COMMUNITY SOLAR SITING COMMISSION
 SECTION 997. DISTRIBUTED  GENERATION  FOR COMMUNITY SOLAR SITING COMMIS-
                SION.
         997-A. POWERS AND DUTIES OF THE COMMISSION.
         997-B. HEARINGS.
         997-C. REPORT.
   § 997. DISTRIBUTED GENERATION FOR COMMUNITY SOLAR  SITING  COMMISSION.
 1.  THERE IS HEREBY CREATED A DISTRIBUTED GENERATION FOR COMMUNITY SOLAR
 SITING COMMISSION, WHICH SHALL CONSIST OF THE FOLLOWING NINE MEMBERS:
   (A) THREE MEMBERS APPOINTED BY THE GOVERNOR, ONE OF WHOM MUST  HAVE  A
 LABOR  BACKGROUND;  (B) TWO MEMBERS APPOINTED BY THE TEMPORARY PRESIDENT
 OF THE SENATE, AT LEAST ONE OF WHOM MUST HAVE A SOLAR DEVELOPMENT  BACK-
 GROUND;  (C)  TWO  MEMBERS  APPOINTED BY THE SPEAKER OF THE ASSEMBLY, AT
 LEAST ONE OF WHOM MUST HAVE AN ENVIRONMENTAL BACKGROUND; (D) ONE  MEMBER
 APPOINTED  BY  THE  MINORITY  LEADER  OF  THE SENATE; AND (E) ONE MEMBER
 APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY.
   2. MEMBERS SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICE, BUT MAY BE
 REIMBURSED FOR REASONABLE EXPENSES INCURRED DURING  THE  PERFORMANCE  OF
 THEIR DUTIES.
   3.  COMMISSION  STAFF  SHALL  BE  PROVIDED  BY THE ENERGY AND RESEARCH
 DEVELOPMENT AUTHORITY.
   4. FOR PURPOSES OF THIS ARTICLE "COMMISSION" SHALL MEAN  THE  DISTRIB-
 UTED GENERATION FOR COMMUNITY SOLAR STUDY COMMISSION.
   §  997-A.  POWERS  AND  DUTIES OF THE COMMISSION. THE COMMISSION SHALL
 EXAMINE THE  REASONS  FOR  DELAYS  IN  THE  SITING  OF  COMMUNITY  SOLAR
 PROJECTS,  IDENTIFY  THOSE  CAUSES  AND  EXAMINE SOLUTIONS TO ACCELERATE
 DEVELOPMENT.  THE WORK OF THE COMMISSION SHALL INCLUDE BUT NOT BE LIMIT-
 ED TO:
   1. EXAMINING AND EVALUATING STATE SUBSIDY LEVELS FOR COMMUNITY SOLAR;
   2. EXAMINING AND EVALUATING THE SITING PROCESS  AT  THE  LOCAL  LEVEL,
 LOOKING  FOR  WAYS  TO  STREAMLINE  THAT  PROCESS,  CONSIDERING POSSIBLE
 AVENUES TO INCENTIVIZE LOCAL COMMUNITIES TO WELCOME DEVELOPMENT, CONSID-
 ERING WHETHER LOCALITIES ARE OR SHOULD  BE  ALLOWED  TO  IMPOSE  GREATER
 STANDARDS  THAN  THE  STATE RECOMMENDS, AND DEVELOPING "MODEL" COMMUNITY
 SOLAR SITING LAWS AND GUIDELINES FOR LOCALITIES;
   3. DETERMINING WHETHER THE OFFICE OF RENEWABLE ENERGY SITING AUTHORITY
 SHOULD BE EXPANDED TO SMALLER COMMUNITY SOLAR PROJECTS;
   4. EXAMINING THE ROLE OF UTILITY COMPANIES,  INCLUDING  THE  INTERCON-
 NECTION PROCESS, COSTS AND REQUIREMENTS;
   5. EXAMINING THE ROLE OF THE ENERGY AND RESEARCH DEVELOPMENT AUTHORITY
 IN PROMOTING COMMUNITY SOLAR AND ASSISTING IN BRINGING PROJECTS TO FRUI-
 TION; AND
   6.  CONSIDERING OTHER FACTORS IMPEDING DEVELOPMENT THAT THE COMMISSION
 SHALL DEEM RELEVANT AND IMPORTANT.
   § 997-B. HEARINGS. THE COMMISSION SHALL HOLD HEARINGS IN  EACH  REGION
 OF  THE  STATE DEFINED IN THE SAME WAY AS THE REGIONAL ECONOMIC DEVELOP-
 MENT COUNCILS. SUCH HEARINGS WILL INCLUDE  INVITED  WITNESSES  FROM  THE
 COMMISSION  AND  SHOULD  ALSO  INCLUDE AN OPPORTUNITY FOR PUBLIC COMMENT
 EITHER IN PERSON OR IN WRITING.
   § 997-C. REPORT. WITHIN  ONE  YEAR  OF  THE  EFFECTIVE  DATE  OF  THIS
 SECTION,  THE COMMISSION SHALL ISSUE A REPORT. SUCH REPORT SHALL PROVIDE
 A DETAILED ANALYSIS OF THE STATE OF COMMUNITY SOLAR, OUTLINE  CHALLENGES
 THAT  MAY  BE  IMPEDING ITS FURTHER ADVANCEMENT AND MAKE RECOMMENDATIONS
 S. 2109                             3
 
 REGARDING CHANGES IN POLICIES, LAWS,  PROCEDURES  AND  REGULATIONS  THAT
 COULD  HAVE A POSITIVE IMPACT IN TERMS OF INCREASING DEVELOPMENT, LIMIT-
 ING DELAYS AND INCENTIVIZING LOCAL COMMUNITIES TO  BE  SUPPORTIVE.  SUCH
 REPORT SHALL BE DELIVERED TO THE GOVERNOR AND LEGISLATURE.
   § 3. This act shall take effect immediately.