S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9620
 
                             I N  S E N A T E
 
                               May 16, 2024
                                ___________
 
 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.
   § 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.
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15670-01-4
 S. 9620                             2
 
         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
 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.