Senate Bill S9830

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9830
 
                             I N  S E N A T E
 
                               April 7, 2026
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 AN ACT to amend the public service law, in relation to enhanced communi-
   ty benefit agreements between renewable owners and host municipalities
 
   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
 138-a to read as follows:
   § 138-A. ENHANCED COMMUNITY BENEFIT AGREEMENTS. 1. FOR THE PURPOSES OF
 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "RENEWABLE  OWNER"  MEANS  THE  OWNER OF A MAJOR RENEWABLE ENERGY
 FACILITY CONSTRUCTED AFTER THE EFFECTIVE DATE OF SECTION EIGHT  OF  PART
 JJJ  OF  CHAPTER  FIFTY-EIGHT OF THE LAWS OF TWO THOUSAND TWENTY THAT IS
 PROPOSED TO BE LOCATED IN A HOST COMMUNITY, FOR WHICH THE NEW YORK STATE
 ENERGY RESEARCH AND DEVELOPMENT AUTHORITY HAS EXECUTED AN AGREEMENT  FOR
 THE  ACQUISITION  OF  ENVIRONMENTAL ATTRIBUTES RELATED TO A SOLICITATION
 ISSUED BY SUCH AUTHORITY AFTER THE EFFECTIVE DATE OF  SECTION  EIGHT  OF
 PART JJJ OF CHAPTER FIFTY-EIGHT OF THE LAWS OF TWO THOUSAND TWENTY.
   (B)  "HOST MUNICIPALITY" MEANS A MUNICIPALITY IN WHICH A MAJOR RENEWA-
 BLE ENERGY FACILITY OR A PORTION THEREOF IS LOCATED.
   (C) "ENHANCED COMMUNITY BENEFIT AGREEMENT" MEANS A  VOLUNTARY  WRITTEN
 AGREEMENT  ENTERED INTO BETWEEN A RENEWABLE OWNER AND THE GOVERNING BODY
 OF A HOST MUNICIPALITY PROVIDING FOR DIRECT BILL CREDITS FOR RESIDENTIAL
 CUSTOMERS PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
   2. THE COMMISSION SHALL ESTABLISH  A  PROGRAM  UNDER  WHICH  RENEWABLE
 OWNERS  MAY  ENTER  INTO  ENHANCED COMMUNITY BENEFIT AGREEMENTS WITH THE
 GOVERNING BODY OF HOST MUNICIPALITIES UNDER WHICH  DIRECT  BILL  CREDITS
 ARE  OFFERED  TO RESIDENTIAL CUSTOMERS IN SUCH HOST MUNICIPALITIES. SUCH
 ENHANCED COMMUNITY BENEFIT AGREEMENTS SHALL BE IN ADDITION TO, AND SHALL
 NOT SUPERSEDE OR ALTER, ANY MANDATORY DISCOUNTS, CREDITS, OR COMPENSATO-
 RY OR ENVIRONMENTAL BENEFITS OTHERWISE PROVIDED UNDER THE PROGRAM ESTAB-
 LISHED PURSUANT TO SECTION EIGHT OF PART JJJ OF CHAPTER  FIFTY-EIGHT  OF
 THE LAWS OF TWO THOUSAND TWENTY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15410-02-6
 S. 9830                             2

   3. AN ENHANCED COMMUNITY BENEFIT AGREEMENT SHALL:
   (A)  PROVIDE  FOR  BILL  CREDITS TO BE APPLIED DIRECTLY BY THE UTILITY
 CORPORATION TO THE ENERGY BILLS OF RESIDENTIAL CUSTOMERS LOCATED IN  THE
 HOST MUNICIPALITY IN WHICH THE MAJOR RENEWABLE ENERGY FACILITY IS SITED;
   (B) SPECIFY THE AMOUNTS OF SUCH BILL CREDITS, AND THE PAYMENT FREQUEN-
 CY OF SUCH CREDITS ON A MONTHLY, QUARTERLY, OR ANNUAL BASIS;
   (C)  BE  STRUCTURED TO MAXIMIZE THE DIRECT FINANCIAL BENEFITS TO RESI-
 DENTIAL CUSTOMERS; AND
   (D) REQUIRE ANY SUCH CREDIT TO APPEAR AS AN IDENTIFIED  LINE  ITEM  ON
 EACH  ELIGIBLE  RESIDENTIAL  CUSTOMER'S BILL, NAMING THE MAJOR RENEWABLE
 ENERGY FACILITY.
   4. (A) UPON EXECUTION OF AN ENHANCED COMMUNITY BENEFIT AGREEMENT,  THE
 RENEWABLE OWNER AND HOST MUNICIPALITY SHALL JOINTLY SUBMIT SUCH ENHANCED
 COMMUNITY  BENEFIT  AGREEMENT  TO  THE  COMMISSION. THE COMMISSION SHALL
 APPROVE OR DENY SUCH ENHANCED COMMUNITY BENEFIT AGREEMENT WITHIN  NINETY
 DAYS  OF  SUCH  RECEIPT,  AFTER  MAKING  A DETERMINATION OF WHETHER SUCH
 ENHANCED  COMMUNITY  BENEFIT  AGREEMENT  IS  IN  ACCORDANCE   WITH   THE
 PROVISIONS  OF THIS SECTION AND ANY RULES AND/OR REGULATIONS PROMULGATED
 THEREUNDER.
   (B) UPON APPROVAL OF AN ENHANCED  COMMUNITY  BENEFIT  AGREEMENT  UNDER
 PARAGRAPH (A) OF THIS SUBDIVISION, THE RENEWABLE OWNER SHALL ISSUE CRED-
 ITS  TO  ELIGIBLE  RESIDENTIAL CUSTOMERS IN ACCORDANCE WITH THE TERMS OF
 SUCH ENHANCED COMMUNITY BENEFIT AGREEMENT.
   5. THE COMMISSION SHALL PROMULGATE RULES AND/OR REGULATIONS TO  IMPLE-
 MENT  THE  PROVISIONS  OF  THIS  SECTION, WHICH SHALL INCLUDE BUT NOT BE
 LIMITED TO:
   (A) PROCEDURES FOR SUBMITTING AN ENHANCED COMMUNITY BENEFIT  AGREEMENT
 TO  THE  COMMISSION  FOR  REVIEW  PURSUANT  TO  SUBDIVISION FOUR OF THIS
 SECTION;
   (B) ADMINISTRATION OF CREDITS BY MAJOR  RENEWABLE  ENERGY  FACILITIES,
 INCLUDING REQUIREMENTS UNDER SUBDIVISION THREE OF THIS SECTION;
   (C) REPORTING REQUIREMENTS FOR RENEWABLE OWNERS THAT HAVE ENTERED INTO
 ENHANCED  COMMUNITY BENEFIT AGREEMENTS, STRUCTURED CONSISTENTLY WITH THE
 REPORTING REQUIREMENTS UNDER THE PROGRAM ESTABLISHED PURSUANT TO SECTION
 EIGHT OF PART JJJ OF CHAPTER FIFTY-EIGHT OF THE  LAWS  OF  TWO  THOUSAND
 TWENTY; AND
   (D)  ANY  OTHER  RULES  AND/OR  REGULATIONS  THE COMMISSION SHALL DEEM
 NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that  the  amendments  to
 article  8  of  the  public  service law made by section one of this act
 shall not affect the repeal of such article and shall be deemed repealed
 therewith. Effective immediately, the addition, amendment and/or  repeal
 of  any  rule or regulation necessary for the implementation of this act
 on its effective date are authorized to be  made  and  completed  on  or
 before such effective date.