S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    456
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 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 the establishment
   of a community renewable energy program

   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
 66-u to read as follows:
   §  66-U.  COMMUNITY  RENEWABLE  ENERGY PROGRAM. 1. FOR THE PURPOSES OF
 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "JURISDICTIONAL LOAD SERVING ENTITY" MEANS ANY ENTITY  SUBJECT  TO
 THE  JURISDICTION  OF  THE  COMMISSION  THAT SECURES ENERGY TO SERVE THE
 ELECTRICAL ENERGY REQUIREMENTS OF END-USE CUSTOMERS IN NEW YORK STATE.
   (B) "RENEWABLE ENERGY SYSTEMS" MEANS SYSTEMS THAT GENERATE ELECTRICITY
 OR THERMAL ENERGY THROUGH USE OF THE FOLLOWING TECHNOLOGIES: SOLAR THER-
 MAL, PHOTOVOLTAICS, ON LAND AND OFFSHORE WIND, HYDROELECTRIC, GEOTHERMAL
 ELECTRIC, GEOTHERMAL GROUND SOURCE  HEAT,  TIDAL  ENERGY,  WAVE  ENERGY,
 OCEAN  THERMAL,  AND  FUEL  CELLS  WHICH  DO  NOT  UTILIZE A FOSSIL FUEL
 RESOURCE IN THE PROCESS OF GENERATING ELECTRICITY.
   (C) "LOW-INCOME CUSTOMER" MEANS AN INDIVIDUAL OR HOUSEHOLD THAT QUALI-
 FIES FOR PUBLIC ASSISTANCE  OR  SUPPLEMENTAL  SECURITY  INCOME  BENEFITS
 UNDER  THE  SOCIAL  SERVICES  LAW, OR THE FEDERAL SUPPLEMENTAL NUTRITION
 ASSISTANCE PROGRAM (SNAP).
   (D) "DISADVANTAGED COMMUNITIES" HAS THE SAME  MEANING  AS  DEFINED  IN
 ARTICLE SEVENTY-FIVE OF THE ENVIRONMENTAL CONSERVATION LAW.
   (E) "COMMUNITY RENEWABLE ENERGY PROGRAM" OR "THE PROGRAM" MEANS SUCH A
 PROGRAM DEVELOPED PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
   (F)  "SUBSCRIBERS" MEANS INDIVIDUALS THAT HAVE OPTED TO RECEIVE ENERGY
 GENERATED BY RENEWABLE ENERGY  SYSTEMS  PURSUANT  TO  PARAGRAPH  (A)  OF
 SUBDIVISION THREE OF THIS SECTION.
   2.  (A)  ON OR BEFORE MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX, THE
 COMMISSION SHALL EVALUATE THE RENEWABLE ENERGY SYSTEMS CURRENTLY IN  USE
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00619-01-3
 S. 456                              2
 
 BY  JURISDICTIONAL  LOAD  SERVING  ENTITIES  IN THE STATE, INCLUDING NET
 ENERGY METERING PROGRAMS UNDER THIS ARTICLE,  TO  DETERMINE  WHETHER  IT
 WOULD  BE BENEFICIAL TO RATEPAYERS TO ESTABLISH A NEW PROGRAM FOR JURIS-
 DICTIONAL  LOAD  SERVING  ENTITIES  IN  THE STATE, OR MODIFY AN EXISTING
 PROGRAM, TO ESTABLISH A COMMUNITY RENEWABLE  ENERGY  PROGRAM  CONSISTENT
 WITH  SUBDIVISION  THREE  OF  THIS SECTION. IF THE COMMISSION DETERMINES
 THAT IT WOULD BE BENEFICIAL TO RATEPAYERS  TO  ESTABLISH  THE  COMMUNITY
 RENEWABLE ENERGY PROGRAM, THE COMMISSION SHALL, ON OR BEFORE JULY FIRST,
 TWO  THOUSAND  TWENTY-SIX,  ESTABLISH  THE  PROGRAM  AS PART OF THE SAME
 PROCEEDING AND  REQUIRE  EACH  JURISDICTIONAL  LOAD  SERVING  ENTITY  TO
 PARTICIPATE IN THE PROGRAM.
   (B) IF THE COMMISSION ESTABLISHES A COMMUNITY RENEWABLE ENERGY PROGRAM
 PURSUANT  TO PARAGRAPH (A) OF THIS SUBDIVISION, EACH JURISDICTIONAL LOAD
 SERVING ENTITY, WITHIN ONE HUNDRED EIGHTY DAYS OF THE  ESTABLISHMENT  OF
 THE  PROGRAM,  SHALL PROVIDE THE COMMISSION WITH A PLAN TO IMPLEMENT THE
 PROGRAM.
   3. THE COMMUNITY RENEWABLE ENERGY PROGRAM, IF  ESTABLISHED,  SHALL  DO
 ALL OF THE FOLLOWING:
   (A) ALLOW INDIVIDUALS TO CHOOSE TO RECEIVE ENERGY FROM THEIR JURISDIC-
 TIONAL  LOAD  SERVING  ENTITY  THAT  IS  GENERATED  BY  RENEWABLE ENERGY
 SYSTEMS.
   (B) ENSURE AT LEAST FIFTY-ONE PERCENT OF THE PROGRAM'S CAPACITY SERVES
 LOW-INCOME CUSTOMERS.
   (C) MINIMIZE IMPACTS TO NONPARTICIPATING CUSTOMERS BY PROHIBITING  THE
 PROGRAM'S  COSTS FROM BEING PAID BY NONPARTICIPATING CUSTOMERS IN EXCESS
 OF THE AVOIDED COSTS.  QUALIFYING FUNDS FOR FINANCIAL  INCENTIVES  SHALL
 ONLY BE AVAILABLE THROUGH AN APPROPRIATION BY THE LEGISLATURE.
   (D)  PROVIDE BILL CREDITS TO SUBSCRIBERS BASED ON THE AVOIDED COSTS OF
 THE PROGRAM'S FACILITIES, AS DETERMINED BY THE COMMISSION'S METHODS  FOR
 CALCULATING  THE  FULL  SET OF BENEFITS OF DISTRIBUTED ENERGY RESOURCES.
 THE COMMISSION MAY USE ACTUAL WHOLESALE MARKET  PRICES  FOR  THE  ENERGY
 SUPPLY PORTION OF AN AVOIDED COST CALCULATION OR CREDIT VALUE.
   (E)  PRIORITIZE  THE  MAXIMUM  USE OF STATE AND FEDERAL INCENTIVES AND
 ACCELERATE IMPLEMENTATION OF THE PROGRAM TO ENSURE THAT TIME- OR QUANTI-
 TY-LIMITED FEDERAL  INCENTIVES  CAN  BE  OBTAINED  FOR  THE  BENEFIT  OF
 SUBSCRIBERS. AS PART OF THIS PRIORITIZATION, THE COMMISSION SHALL ENSURE
 THAT A JURISDICTIONAL LOAD SERVING ENTITY PARTICIPATING IN THE COMMUNITY
 RENEWABLE  ENERGY PROGRAM IS ELIGIBLE FOR AN ENHANCED FEDERAL INVESTMENT
 TAX CREDIT AVAILABLE AS A QUALIFIED LOW-INCOME ECONOMIC BENEFIT  PROJECT
 PURSUANT  TO  SUBSECTION  (E)  OF  SECTION  48 OF TITLE 26 OF THE UNITED
 STATES CODE.
   4. (A) WITHIN TWENTY-FOUR MONTHS OF ESTABLISHING A COMMUNITY RENEWABLE
 ENERGY PROGRAM PURSUANT TO THIS SECTION,  IF  APPLICABLE,  AND  ANNUALLY
 THEREAFTER  FOR THE DURATION OF THE PROGRAM, THE COMMISSION SHALL SUBMIT
 A REPORT TO THE LEGISLATURE, ON THE FACILITIES  DEPLOYED  AND  CUSTOMERS
 SUBSCRIBED,  PURSUANT  TO SUCH PROGRAM, INCLUDING AN ANALYSIS OF LOW-IN-
 COME CUSTOMER PARTICIPATION.
   (B) ON OR BEFORE MARCH  THIRTY-FIRST,  TWO  THOUSAND  TWENTY-SIX,  THE
 COMMISSION SHALL REPORT TO THE LEGISLATURE ON ITS ACTIONS TAKEN PURSUANT
 TO  THIS  SECTION AND ITS JUSTIFICATION FOR ITS DETERMINATION OF WHETHER
 TO IMPLEMENT THE PROGRAM PURSUANT TO THIS SECTION.
   5. THE COMMISSIONER IS AUTHORIZED TO PROMULGATE ANY RULES AND/OR REGU-
 LATIONS NECESSARY FOR THE IMPLEMENTATION OF THIS SECTION.
   § 2. This act shall take effect immediately.