§ 66-p. Establishment of a renewable energy program. 1. As used in
this section:

(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
thermal, 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) "bill credit" shall have the same meaning as in subparagraph (i)
of paragraph (a) of subdivision twenty-seven-b of section one thousand
five of the public authorities law.

(d) "disadvantaged community" means a community defined as a
disadvantaged community under article seventy-five of the environmental
conservation law.

(e) "renewable energy" means electrical energy produced by a renewable
energy system.

(f) "low-income or moderate-income end-use consumer" shall mean
end-use customers of electric corporations and combination gas and
electric corporations regulated by the public service commission whose
income is found to be below the state median income based on household
size.

2. No later than June thirtieth, two thousand twenty-one, the
commission shall establish a program to require that: (a) a minimum of
seventy percent of the state wide electric generation secured by
jurisdictional load serving entities to meet the electrical energy
requirements of all end-use customers in New York state in two thousand
thirty shall be generated by renewable energy systems; and (b) that by
the year two thousand forty (collectively, the "targets") the statewide
electrical demand system will be zero emissions. In establishing such
program, the commission shall consider and where applicable formulate
the program to address impacts of the program on safe and adequate
electric service in the state under reasonably foreseeable conditions.
The commission may, in designing the program, modify the obligations of
jurisdictional load serving entities and/or the targets upon
consideration of the factors described in this subdivision.

3. No later than July first, two thousand twenty-four and every two
years thereafter, the commission shall, after notice and provision for
the opportunity to comment, issue a comprehensive review of the program
established pursuant to this section. The commission shall determine,
among other matters: (a) progress in meeting the overall targets for
deployment of renewable energy systems and zero emission sources,
including factors that will or are likely to frustrate progress toward
the targets; (b) distribution of systems by size and load zone; and (c)
annual funding commitments and expenditures.

4. The commission may temporarily suspend or modify the obligations
under such program provided that the commission, after conducting a
hearing as provided in section twenty of this chapter, makes a finding
that the program impedes the provision of safe and adequate electric
service; the program is likely to impair existing obligations and
agreements; and/or that there is a significant increase in arrears or
service disconnections that the commission determines is related to the
program.

5. No later than July first, two thousand twenty-four, the commission
shall establish programs to require the procurement by the state's load
serving entities of at least nine gigawatts of offshore wind electricity
generation by two thousand thirty-five and six gigawatts of photovoltaic
solar generation by two thousand twenty-five, and to support three
gigawatts of statewide energy storage capacity by two thousand thirty.

6. In any proceeding commenced by the commission with a goal of
achieving one hundred eighty-five trillion British thermal units of
end-use energy savings below the two thousand twenty-five energy-use
forecast, the commission will include mechanisms to ensure that, where
practicable, at least twenty percent of investments in residential
energy efficiency, including multi-family housing, can be invested in a
manner which will benefit disadvantaged communities, as defined in
article seventy-five of the environmental conservation law, including
low to moderate income consumers.

7. In the implementation of this section, the commission shall design
programs in a manner to provide substantial benefits for disadvantaged
communities, as defined in article seventy-five of the environmental
conservation law, including low to moderate income consumers, at a
reasonable cost while ensuring safe and reliable electric service.
Specifically, the commission shall:

(a) To the extent practicable, specify that a minimum percentage of
energy storage projects should deliver clean energy benefits into NYISO
zones that serve disadvantaged communities, as defined in article
seventy-five of the environmental conservation law, including low to
moderate income consumers, and that energy storage projects be deployed
to reduce the usage of combustion-powered peaking facilities located in
or near disadvantaged communities;

(b) In pursuing the state's solar deployment goals, the New York state
energy research and development authority shall consider enhanced
incentive payments for solar and community distributed generation
projects, focusing in particular but not limited to those serving
disadvantaged communities, as defined in article seventy-five of the
environmental conservation law, which result in energy cost savings or
demonstrate community ownership models; and,

(c) In the allocation of ratepayer funds for clean energy, direct the
New York state energy research and development authority and investor
owned utilities to develop and report metrics for energy savings and
clean energy market penetration in the low and moderate income market
and in disadvantaged communities, as defined in article seventy-five of
the environmental conservation law, and post such information on the
authority's website.

8. The power authority of the state of New York shall, no later than
twelve months after the effective date of this subdivision, file a
petition to commence, and the commission shall commence, necessary
proceedings to enable the power authority of the state of New York to
provide bill credits from renewable energy generating projects under the
renewable energy access and community help program, or "REACH",
established pursuant to subdivision twenty-seven-b of section one
thousand five of the public authorities law, to low-income or
moderate-income end-use electricity consumers in disadvantaged
communities for renewable energy produced by renewable energy generating
projects developed, constructed, owned, or contracted for by the power
authority of the state of New York pursuant to subdivision
twenty-seven-a of section one thousand five of the public authorities
law. Such bill credits shall be in addition to any other renewable
energy program or any other program or benefit that low-income or
moderate-income end-use electricity consumers in disadvantaged
communities receive, and any other incentives made available by the
power authority of the state of New York. For purposes of this
subdivision, a renewable energy system developed, constructed, owned, or
contracted for by the authority shall be:

(a) sized up to and including five megawatts alternating current and
interconnected to the distribution system or transmission system in the
service territory of the electric utility that serves the low-income or
moderate-income end-use consumers that receive bill credits; or

(b) sized above five megawatts alternating current and interconnected
to the distribution or transmission system at one or more points
anywhere in New York state. The commission shall, after public notice
and comment, establish such programs implementing REACH which:

(i) provide that jurisdictional load serving entities shall enter into
agreements with the power authority of the state of New York to carry
out REACH;

(ii) provide that jurisdictional load serving entities shall file
tariffs and other solutions determined by the commission to implement
REACH at a reasonable cost while ensuring safe and reliable electric
service;

(iii) provide that, unless they opt out, low-income or moderate-income
end-use electricity consumers in disadvantaged communities, including
such end-use electricity customers who have or who reside in buildings
that have on-site net-metered generation or who participate in a
community choice aggregation or community distributed generation
project, shall receive bill credits for renewable energy produced by a
renewable energy system developed, constructed, owned, or contracted for
by the power authority of the state of New York pursuant to subdivision
twenty-seven-a of section one thousand five of the public authorities
law;

(iv) consider enhanced incentive payments in bill credits to
low-income or moderate-income end-use electricity consumers in
disadvantaged communities for renewable energy systems including solar
and community distributed generation projects as provided for in
paragraph (b) of subdivision seven of this section;

(v) to the extent practicable include energy storage in renewable
energy systems to deliver clean energy benefits to low-income or
moderate-income end-use electricity consumers in disadvantaged
communities as provided for in paragraphs (a) and (b) of subdivision
seven of this section; and

(vi) address recovery by jurisdictional load serving entities of their
prudently incurred costs of administering REACH in electric service
delivery rates of the utility in whose service territory low-income or
moderate-income end-use electricity consumers in a disadvantaged
community participate in REACH.