S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7858
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               July 7, 2023
                                ___________
 
 Introduced  by  M.  of  A.  CUNNINGHAM  -- read once and referred to the
   Committee on Energy
 
 AN ACT to amend the public service law, in relation to  New  York  state
   renewable electric generation pilot programs
 
   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
 73-b to read as follows:
   §  73-B.  NEW YORK STATE RENEWABLE ELECTRIC GENERATION PILOT PROGRAMS.
 1. THE COMMISSION SHALL ESTABLISH  NEW  YORK  STATE  RENEWABLE  ELECTRIC
 GENERATION  PILOT  PROGRAMS  TO AUTHORIZE THE DEVELOPMENT OF UP TO THREE
 HUNDRED MEGAWATTS OF RENEWABLE ELECTRIC CAPACITY STATEWIDE, IN ORDER  TO
 STIMULATE THE GROWTH OF CLEAN, AFFORDABLE, AND RELIABLE SOURCES OF ENER-
 GY  AND TO FOSTER NEW PARTNERSHIPS BETWEEN ELECTRIC CORPORATIONS, ENERGY
 PRODUCERS AND ENERGY CUSTOMERS IN NEW YORK STATE.
   2. (A) THE COMMISSION SHALL OVERSEE THE IMPLEMENTATION  OF  THE  PILOT
 PROGRAMS  AND SHALL DIRECT ELECTRIC CORPORATIONS TO BUILD OR CAUSE TO BE
 BUILT RENEWABLE ENERGY FACILITIES TO BE FINANCED UNDER TERMS ESTABLISHED
 THROUGH AN ORDER OF THE COMMISSION WHICH  SHALL  AUTHORIZE  CAPITAL  AND
 OPERATING  COSTS  TO  BE  RECOVERED IN THE CORPORATIONS RATE BASE AND TO
 EARN A REASONABLE RETURN OVER A PERIOD TO BE DETERMINED BY  THE  COMMIS-
 SION,  PROVIDED  THAT  THE  CORPORATION  SHALL,  AT MINIMUM, PROVIDE THE
 COMMISSION WITH THE FOLLOWING:
   (I) A DETAILED DESCRIPTION AND ECONOMIC  EVALUATION  OF  THE  PROPOSED
 INVESTMENT;
   (II)  A  DISCUSSION OF THE COSTS, BENEFITS, AND RISKS OF THE PROPOSAL,
 INCLUDING AN ANALYSIS OF THE COSTS, BENEFITS, AND RATE  IMPLICATIONS  TO
 THE PARTICIPATING CUSTOMERS, TO THE COMPANY'S DEFAULT SERVICE CUSTOMERS,
 AND TO THE UTILITY'S DISTRIBUTION CUSTOMERS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11354-01-3
 A. 7858                             2
 
              

   (III)  A  DESCRIPTION OF ANY EQUIPMENT OR INSTALLATION SPECIFICATIONS,
 SOLICITATIONS, AND PROCUREMENTS IT HAS IMPLEMENTED OR INTENDS TO  IMPLE-
 MENT;
   (IV)  A  SHOWING  THAT IT HAS MADE REASONABLE EFFORTS TO INVOLVE LOCAL
 BUSINESSES IN ITS PROGRAM;
   (V) EVIDENCE OF COMPLIANCE WITH ALL APPLICABLE  EMISSION  LIMITATIONS;
 AND
   (VI)  A COPY OF ANY CUSTOMER CONTRACTS OR AGREEMENTS TO BE EXECUTED AS
 PART OF THE PROGRAM.
   (B) RENEWABLE GENERATION FACILITIES ELIGIBLE  TO  BE  CONSTRUCTED  AND
 FINANCED  UNDER  THE  NEW YORK STATE RENEWABLE ELECTRIC GENERATION PILOT
 PROGRAMS SHALL:
   (I) GENERATE ELECTRICITY THROUGH USE OF  THE  FOLLOWING  TECHNOLOGIES:
 SOLAR; WIND; PHOTOVOLTAICS; TIDAL; GEOTHERMAL; AND FUEL CELLS; OR
   (II)  GENERATE ELECTRICITY THROUGH LOW-IMPACT, RUN-OF-RIVER HYDROELEC-
 TRIC ELECTRIC GENERATING EQUIPMENT WITH CAPACITY UP TO THIRTY  MEGAWATTS
 WITH NO NEW STORAGE IMPOUNDMENT;
   (III)  BE  MANUFACTURED,  INSTALLED  AND  OPERATED  IN ACCORDANCE WITH
 APPLICABLE GOVERNMENT AND INDUSTRY STANDARDS;
   (IV) CONNECT TO THE ELECTRIC SYSTEM AND OPERATED IN PARALLEL  WITH  AN
 ELECTRIC CORPORATION'S TRANSMISSION AND DISTRIBUTION FACILITIES;
   (V)  OPERATE  IN COMPLIANCE WITH ANY STANDARDS AND REQUIREMENTS ESTAB-
 LISHED BY THE COMMISSION; AND
   (VI) BE LOCATED WITHIN THE STATE, INCLUDING FACILITIES THAT CONSIST OF
 CUSTOMER-OWNED OR LEASED GENERATORS.
   (C) AUTHORIZE ELECTRIC CORPORATIONS TO OWN AN EQUITY INTEREST IN  SUCH
 FACILITIES  AND  ALLOW  PARTNERSHIPS  WITH  INDEPENDENT POWER PRODUCERS,
 DEVELOPERS, AND/OR CUSTOMER-OWNED OR LEASED GENERATORS.
   § 2. The public service commission shall provide an annual  report  on
 or before the first day of June to the governor, the temporary president
 of  the  senate, the speaker of the assembly, the minority leader of the
 senate, and the minority leader of the assembly reporting  the  progress
 of  their  efforts and the effects of the program on the environment and
 public. Such report shall identify each facility  participating  in  the
 pilot  project  and shall include, but not be limited to, information on
 each energy source or sources used for generation at such facility;  the
 sum  capacity, in megawatts, of all electrical generating equipment used
 by the facility; the date the facility will begin or has begun  generat-
 ing electricity; and the number and category of customer-owned or leased
 generators.
   §  3.  This act shall take effect immediately; provided, however, that
 not later than the one hundred eightieth day after this act  shall  have
 become  a  law,  the  public  service  commission  shall have in place a
 competitive process which shall be open to electric corporations.