NY State Senate Bill 2013-S4583A

Senate Bill S4583A

2013-2014 Legislative Session

Relates to reports on environmental and renewable energy programs administered by NYSERDA under the renewable portfolio standard program

download bill text pdf

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 17, 2014	print number 4583a
Jan 17, 2014	amend and recommit to energy and telecommunications
Jan 08, 2014	referred to energy and telecommunications
Apr 12, 2013	referred to energy and telecommunications

Bill Amendments

Original

A (Active)

2013-S4583 - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd §§5 & 1867, Pub Auth L

2013-S4583 - Summary

Requires certain reports on environmental and renewable energy programs administered by NYSERDA to promote transparency, ensure proper use of funds, and help achieve the state's energy goals.

2013-S4583 - Sponsor Memo

                                BILL NUMBER:S4583

TITLE OF BILL:  An act to amend the public service law and the public
authorities law, in relation to certain reports of the New York state
energy and research development authority

PURPOSE: To require more frequent reporting on those projects funded
by the renewable portfolio standard, promote transparency and ensure
the proper use of funds and that the State's environmental and
renewable energy goals are being met.

SUMMARY OF PROVISIONS:

Section 1. Sets forth the legislative intent of the bill

Section 2 Amends section 5 of the public service law by adding a new
subdivision 7 requiring the public service commission to analyze
semi-annual reports produced by NYSERDA on the programs and projects
associated with the renewable portfolio standard and to make
determinations as required in subdivision seven of section one
thousand eight hundred sixty-seven of the public authorities law

Section 3 Amends section 1867 of the public authorities law to add a
new subdivision 7 to establish semi-annual reports to the Governor and
the Legislature on funding and projects associated with the renewable
portfolio standard, and lines out specific requirements about what

each report must include as well as requiring the Authority to comply
with lowest responsible bidder requirements. It also includes
requirements for the public service commission to take specific
actions if for two reporting periods, the authority fails to make
substantial progress toward meeting the state's renewable energy
goals.

Section 4 Sets forth the effective date

JUSTIFICATION: The renewable portfolio standard was implemented in
2004 in order to help the state achieve its goals of getting 30% of
its energy from renewable sources by 2015. The program is funded
through a surcharge on the bills of ratepayers across the state that
was authorized by the public service commission and implemented
through regular renewable energy solicitations conducted by NYSERDA.
The goals of the program are worthy, and it is clear that NYSERDA is
conducting regular solicitations and making regular. awards. What is
not at all clear, is how many of the projects that are selected
actually get built and if the rules and policies associated with
NYSERDA programs are helping or hindering the construction of the
projects necessary for us to achieve our goals. The purpose of this
bill is to require NYSERDA to report to the governor and the
legislature very specific information on projects funded by the RPS
twice a year, and in a manner that can be easily understood and
analyzed. Of particular importance, would be the requirements set
forth to require the Authority to differentiate between projects that
have been contracted and money that is "encumbered" versus money that
has been spent on a project that is in the permitting or construction
phase and will actually lead to new renewable generation. It appears
based on currently known data that many projects that are chosen in a
solicitation and funded are never actually constructed. It is very


important that policymakers understand this process better and that
there be a mechanism to fix problems that come to light. To that end,
the bill provides a mechanism for the public service commission to
temporarily halt RPS solicitations if for over the course of two
consecutive reports if a variety of shortcomings are discovered,
included but not limited to a lack of progress toward meeting our
renewable energy goals or demonstrated a clear regional or source
imbalance. The Commission will then work with the Authority to craft a
remediation plan to fix the problem and a utility company may petition
the commission to allow 20% of the money collected by said utility to
be used to create RPS compliant programs in their service territory.

The ultimate goal of this bill is to improve the transparency and
administration of the renewable portfolio standard program, so that
the state can better meet its renewable energy goals, reduce emissions
and create jobs.

LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on January 1, 2014 shall
have become law.

2013-S4583 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4583

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 12, 2013
                               ___________

Introduced  by  Sen. MAZIARZ -- 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 and the public authorities law,
  in relation to certain reports  of  the  New  York  state  energy  and
  research development authority

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative intent and findings. Part of the mission of the
New York state energy research and development authority (NYSERDA) is to
help our state achieve its energy goals including  reducing  our  energy
consumption, promoting the use of renewable energy sources, and protect-
ing  our  environment.  Funding for NYSERDA is provided primarily by New
York state ratepayers. NYSERDA has a commitment to public  service,  and
its  workforce  reflects  its  public  service orientation. Further, the
state encourages public authorities to participate in the  work  of  the
Council  of  Contracting Agencies which was created to ensure systematic
collection and timely exchange of information relating to responsibility
and reliability of bidders. Because of NYSERDA's mission and  source  of
funding, the legislature hereby finds and declares that access to timely
and  relevant  information  on  certain NYSERDA programs is necessary to
promote transparency, ensure proper use of funds, and help  achieve  the
state's energy goals.
  S  2.  Section  5 of the public service law is amended by adding a new
subdivision 7 to read as follows:
  7. THE COMMISSION SHALL ANALYZE THE SEMI-ANNUAL  REPORTS  PREPARED  BY
THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY PURSUANT TO
SUBDIVISION  SEVEN  OF SECTION ONE THOUSAND EIGHT HUNDRED SIXTY-SEVEN OF
THE PUBLIC AUTHORITIES LAW. BY MARCH FIRST OF EVERY CALENDAR  YEAR,  THE
COMMISSION  SHALL  MAKE  A  DETERMINATION ON SUCH SEMI-ANNUAL REPORTS AS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10217-02-3

S. 4583                             2

DESCRIBED IN SUBDIVISION SEVEN OF SECTION  ONE  THOUSAND  EIGHT  HUNDRED
SIXTY-SEVEN OF THE PUBLIC AUTHORITIES LAW.
  S 3. Section 1867 of the public authorities law is amended by adding a
new subdivision 7 to read as follows:
  7.  (A) FOR THE PURPOSE OF FURNISHING THE STATE WITH SYSTEMATIC INFOR-
MATION REGARDING THE STATUS AND THE ACTIVITIES  OF  THE  AUTHORITY,  THE
AUTHORITY  SHALL  SUBMIT  TO  THE  GOVERNOR,  THE  MEMBERS OF THE PUBLIC
SERVICE COMMISSION, THE TEMPORARY PRESIDENT OF THE SENATE, THE  ASSEMBLY
SPEAKER, THE CHAIR OF THE SENATE ENERGY AND TELECOMMUNICATIONS COMMITTEE
AND THE CHAIR OF THE ASSEMBLY ENERGY COMMITTEE, NO LATER THAN JULY FIRST
AND  DECEMBER  THIRTY-FIRST  OF  EVERY  CALENDAR  YEAR,  A  COMPLETE AND
DETAILED SEMI-ANNUAL REPORT SETTING FORTH THE INFORMATION  DESCRIBED  IN
PARAGRAPH (B) OF THIS SECTION.
  (B)  THE SEMI-ANNUAL REPORT REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION SHALL RELATE  TO  THE  ENVIRONMENTAL  AND  RENEWABLE  ENERGY
PROGRAMS  ADMINISTERED  BY  THE  AUTHORITY UNDER THE RENEWABLE PORTFOLIO
STANDARD PROGRAM AND SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING
INFORMATION:
  (I) THE AMOUNT OF MONEY COLLECTED UNDER THE RENEWABLE PORTFOLIO STAND-
ARD PROGRAM IN THE PREVIOUS SIX MONTHS;
  (II) A LIST OF REQUESTS FOR PROPOSALS OR OTHER SOLICITATIONS THAT HAVE
BEEN PUT OUT TO BID IN THE PREVIOUS SIX MONTHS TOGETHER WITH A  DETAILED
DESCRIPTION OF EACH;
  (III)  THE AMOUNT OF MONEY THAT IS ENCUMBERED, UNENCUMBERED, EXPENDED,
AND CONTRACTED FOR EACH REQUEST FOR  PROPOSALS  AND  OTHER  SOLICITATION
THAT HAS BEEN PUT OUT TO BID IN THE PREVIOUS SIX MONTHS;
  (IV)  A  LIST OF PROJECTS THAT COMMENCED THE PERMITTING PROCESS IN THE
PREVIOUS SIX  MONTHS  TOGETHER  WITH  A  DETAILED  DESCRIPTION  OF  EACH
PROJECT,  INCLUDING  BUT  NOT  LIMITED  TO, THE TYPE OF RENEWABLE ENERGY
INVOLVED, THE STATUS OF EACH PROJECT IN THE PERMITTING PROCESS, AND  THE
EXTENT  TO  WHICH  THE  AUTHORITY  COMPLIED  WITH THE LOWEST RESPONSIBLE
BIDDER AND OTHER COMPETITIVE BIDDING REQUIREMENTS  ESTABLISHED  PURSUANT
TO NEW YORK EXECUTIVE ORDERS NUMBERS 170 AND 170.1;
  (V)  A LIST OF PROJECTS THAT HAVE COMMENCED CONSTRUCTION IN THE PREVI-
OUS SIX MONTHS TOGETHER WITH A DETAILED  DESCRIPTION  OF  EACH  PROJECT,
INCLUDING BUT NOT LIMITED TO, THE TYPE OF RENEWABLE ENERGY INVOLVED, THE
STATUS  OF  EACH  PROJECT IN THE CONSTRUCTION PROCESS, AND THE EXTENT TO
WHICH THE AUTHORITY COMPLIED WITH  THE  LOWEST  RESPONSIBLE  BIDDER  AND
OTHER  COMPETITIVE BIDDING REQUIREMENTS ESTABLISHED PURSUANT TO NEW YORK
EXECUTIVE ORDERS NUMBERS 170 AND 170.1;
  (VI) A LIST OF PROJECTS THAT HAVE BEEN COMPLETED IN THE  PREVIOUS  SIX
MONTHS  TOGETHER  WITH A DETAILED DESCRIPTION OF EACH PROJECT, INCLUDING
BUT NOT LIMITED TO, THE TYPE OF RENEWABLE ENERGY INVOLVED AND THE EXTENT
TO WHICH THE AUTHORITY COMPLIED WITH THE LOWEST RESPONSIBLE  BIDDER  AND
OTHER  COMPETITIVE BIDDING REQUIREMENTS ESTABLISHED PURSUANT TO NEW YORK
EXECUTIVE ORDERS NUMBERS 170 AND 170.1;
  (VII) THE RESULTS OF EACH REQUEST FOR PROPOSALS OR OTHER  SOLICITATION
ISSUED  IN  THE  PREVIOUS  SIX MONTHS TOGETHER WITH A DESCRIPTION OF HOW
EACH PROJECT WILL CONTRIBUTE TO MEETING THE STATE'S GOALS FOR  RENEWABLE
ENERGY PRODUCTION AND CONSUMER USAGE, AND AN INDICATION OF THE EXTENT TO
WHICH  THE  AUTHORITY  COMPLIED  WITH  THE LOWEST RESPONSIBLE BIDDER AND
OTHER COMPETITIVE BIDDING REQUIREMENTS ESTABLISHED PURSUANT TO NEW  YORK
EXECUTIVE ORDERS NUMBERS 170 AND 170.1; AND
  (VIII)  A  REGIONAL BREAKDOWN OF PROJECTS SELECTED UNDER EACH PROGRAM,
INCLUDING AN INDICATION OF THE COUNTY AND UTILITY SERVICE  TERRITORY  IN
WHICH THE PROJECT IS LOCATED.

S. 4583                             3

  (C)  IN  THE  EVENT THAT THE PUBLIC SERVICE COMMISSION DETERMINES THAT
THE REPORTS REQUIRED BY THIS SUBDIVISION DEMONSTRATE  THAT  OVER  TWELVE
CONSECUTIVE  MONTHS  THE  AUTHORITY'S  POLICIES AND PROCEDURES UNDER THE
RENEWABLE PORTFOLIO STANDARD PROGRAM (I) DID NOT  LEAD  TO  CONSTRUCTION
AND  COMPLETION  OF RENEWABLE ENERGY PROJECTS THAT ARE NECESSARY FOR THE
STATE TO MEET ITS MOST CURRENT GOALS FOR RENEWABLE ENERGY DEPLOYMENT, OR
(II) RESULTED IN A REGIONAL OR RENEWABLE ENERGY SOURCE  IMBALANCE,  THEN
THE PUBLIC SERVICE COMMISSION SHALL HALT AND SUSPEND ALL RENEWABLE PORT-
FOLIO  STANDARD  SOLICITATIONS  PENDING OR CONTEMPLATED BY THE AUTHORITY
UNTIL SUCH TIME AS A REMEDIATION PLAN IS ADOPTED  TO  ENSURE  CORRECTIVE
ACTIONS.  THE  AUTHORITY SHALL WORK COOPERATIVELY WITH THE COMMISSION TO
DEVELOP AND IMPLEMENT A REMEDIATION PLAN. AS  A  PART  OF  ANY  PLAN  SO
ADOPTED,  A  PUBLIC  UTILITY COMPANY MAY PETITION THE COMMISSION FOR THE
RETURN OF UP TO TWENTY PERCENT OF THE MONEY COLLECTED BY SUCH UTILITY AS
A PART OF THE RENEWABLE PORTFOLIO STANDARD PROGRAM, AND SUCH MONIES WHEN
RETURNED SHALL BE USED BY THE UTILITY TO DEVELOP ITS OWN RENEWABLE PORT-
FOLIO STANDARD COMPLIANT PROGRAMS FOR THE PURPOSE OF MEETING THE STATE'S
ENERGY GOALS FOR RENEWABLE ENERGY DEVELOPMENT, HOWEVER UNDER NO  CIRCUM-
STANCE  SHALL  A UTILITY USE SUCH FUNDS TO CONSTRUCT, OWN OR OPERATE ITS
OWN GENERATING SYSTEMS. ANY SUCH REMEDIATION PLAN MUST  BE  PROVIDED  IN
WRITING  TO  THE GOVERNOR, THE MEMBERS OF THE PUBLIC SERVICE COMMISSION,
THE BOARD OF DIRECTORS OF THE AUTHORITY, THE TEMPORARY PRESIDENT OF  THE
SENATE,  THE  ASSEMBLY  SPEAKER,  THE  CHAIRMAN OF THE SENATE ENERGY AND
TELECOMMUNICATIONS COMMITTEE AND THE ASSEMBLY  ENERGY  COMMITTEE  WITHIN
SIXTY DAYS OF ITS ADOPTION.
  (D)  WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS SUBDIVISION, THE
AUTHORITY SHALL JOIN, PARTICIPATE IN, AND COMPLY WITH THE ACTIVITIES AND
PROCEDURES OF THE COUNCIL OF CONTRACTING AGENCIES ESTABLISHED BY  EXECU-
TIVE  ORDER  NO. 125, DATED MAY 22, 1989, IN ORDER TO ENHANCE THE AVAIL-
ABILITY OF AND ACCESS TO INFORMATION RELEVANT TO THE  DETERMINATIONS  BY
THE  AUTHORITY  RELATING  TO  THE  RESPONSIBILITY AND RELIABILITY OF LOW
BIDDERS FOR THE AWARD OF CONTRACTS.
  S 4. This act shall take effect January 1, 2014.

2013-S4583A (ACTIVE) - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd §§5 & 1867, Pub Auth L

2013-S4583A (ACTIVE) - Summary

Requires certain reports on environmental and renewable energy programs administered by NYSERDA to promote transparency, ensure proper use of funds, and help achieve the state's energy goals.

2013-S4583A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4583A

TITLE OF BILL:  An act to amend the public service law and the public
authorities law, in relation to certain reports of the New York state
energy and research development authority

PURPOSE:

To require more frequent reporting on those projects funded by the
renewable portfolio standard, promote transparency and ensure the
proper use of funds and that the State's environmental and renewable
energy goals are being met.

SUMMARY OF PROVISIONS:

Section 1. Sets forth the legislative intent of the bill.

Section 2 Amends section 5 of the public service law by adding a new
subdivision 7 requiring the public service commission to analyze
semiannual reports produced by NYSERDA on the programs and projects
associated with the renewable portfolio standard and to make
determinations as required in subdivision seven of section one
thousand eight hundred sixty-seven of the public authorities law.

Section 3 Amends section 1867 of the public authorities law to add a
new subdivision 7 to establish semi-annual reports to the Governor and

the Legislature on funding and projects associated with the renewable
portfolio standard, and lines out specific requirements about what
each report must include as well as requiring the Authority to comply
with lowest responsible bidder requirements. It also includes
requirements for the public service commission to take specific
actions if for two reporting periods, the authority fails to make
substantial progress toward meeting the state's renewable energy
goals.

Section 4 Sets forth, the effective date.

JUSTIFICATION:

The renewable portfolio standard was implemented in 2004 in order to
help the state achieve its goals of getting 30% of its energy from
renewable sources by 2015. The program is funded through a surcharge
on the bills of ratepayers across the state that was authorized by the
public service commission and implemented through regular renewable
energy solicitations conducted by NYSERDA.  The goals of the program
are worthy, and it is clear that NYSERDA is conducting regular
solicitations and making regular. awards. What is not at all clear, is
how many of the projects that are selected actually get built and if
the rules and policies associated with NYSERDA programs are helping or
hindering the construction of the projects necessary for us to achieve
our goals. The purpose of this bill is to require NYSERDA to report to
the governor and the legislature very specific information on projects
funded by the RPS twice a year, and in a manner that can be easily
understood and analyzed. Of particular importance, would be the
requirements set forth to require the Authority to differentiate
between projects that have been contracted and money that is
"encumbered" versus money that has been spent on a project that is in


the permitting or construction phase and will actually lead to new
renewable generation. It appears based on currently known data that
many projects that are chosen in a solicitation and funded are never
actually constructed. It is very important that policymakers
understand this process better and that there be a mechanism to fix
problems that come to light. To that end, the bill provides a
mechanism for the public service commission to temporarily halt RPS
solicitations if for over the course of two consecutive reports if a
variety of shortcomings are discovered, included but not limited to a
lack of progress toward meeting our renewable energy goals or
demonstrated a clear regional or source imbalance. The Commission will
then work with the Authority to craft a remediation plan to fix the
problem and a utility company may petition the commission to allow 20%
of the money collected by said utility to be used to create RPS
compliant programs in their service territory.

The ultimate goal of this bill is to improve the transparency and
administration of the renewable portfolio standard program, so that
the state can better meet its renewable energy goals, reduce emissions
and create jobs.

LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on January 1, 2015 shall have become law.

2013-S4583A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4583--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 12, 2013
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations  --  recommitted  to  the Committee on Energy and Telecommuni-
  cations in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to amend the public service law and the public authorities law,
  in relation to certain reports  of  the  New  York  state  energy  and
  research development authority

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative intent and findings. Part of the mission of the
New York state energy research and development authority (NYSERDA) is to
help our state achieve its energy goals including  reducing  our  energy
consumption, promoting the use of renewable energy sources, and protect-
ing  our  environment.  Funding for NYSERDA is provided primarily by New
York state ratepayers. NYSERDA has a commitment to public  service,  and
its  workforce  reflects  its  public  service orientation. Further, the
state encourages public authorities to participate in the  work  of  the
Council  of  Contracting Agencies which was created to ensure systematic
collection and timely exchange of information relating to responsibility
and reliability of bidders. Because of NYSERDA's mission and  source  of
funding, the legislature hereby finds and declares that access to timely
and  relevant  information  on  certain NYSERDA programs is necessary to
promote transparency, ensure proper use of funds, and help  achieve  the
state's energy goals.
  S  2.  Section  5 of the public service law is amended by adding a new
subdivision 7 to read as follows:
  7. THE COMMISSION SHALL ANALYZE THE SEMI-ANNUAL  REPORTS  PREPARED  BY
THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY PURSUANT TO
SUBDIVISION  SEVEN  OF SECTION ONE THOUSAND EIGHT HUNDRED SIXTY-SEVEN OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10217-03-4

S. 4583--A                          2

THE PUBLIC AUTHORITIES LAW. BY MARCH FIRST OF EVERY CALENDAR  YEAR,  THE
COMMISSION  SHALL  MAKE  A  DETERMINATION ON SUCH SEMI-ANNUAL REPORTS AS
DESCRIBED IN SUBDIVISION SEVEN OF SECTION  ONE  THOUSAND  EIGHT  HUNDRED
SIXTY-SEVEN OF THE PUBLIC AUTHORITIES LAW.
  S 3. Section 1867 of the public authorities law is amended by adding a
new subdivision 7 to read as follows:
  7.  (A) FOR THE PURPOSE OF FURNISHING THE STATE WITH SYSTEMATIC INFOR-
MATION REGARDING THE STATUS AND THE ACTIVITIES  OF  THE  AUTHORITY,  THE
AUTHORITY  SHALL  SUBMIT  TO  THE  GOVERNOR,  THE  MEMBERS OF THE PUBLIC
SERVICE COMMISSION, THE TEMPORARY PRESIDENT OF THE SENATE, THE  ASSEMBLY
SPEAKER, THE CHAIR OF THE SENATE ENERGY AND TELECOMMUNICATIONS COMMITTEE
AND THE CHAIR OF THE ASSEMBLY ENERGY COMMITTEE, NO LATER THAN JULY FIRST
AND  DECEMBER  THIRTY-FIRST  OF  EVERY  CALENDAR  YEAR,  A  COMPLETE AND
DETAILED SEMI-ANNUAL REPORT SETTING FORTH THE INFORMATION  DESCRIBED  IN
PARAGRAPH (B) OF THIS SECTION.
  (B)  THE SEMI-ANNUAL REPORT REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION SHALL RELATE  TO  THE  ENVIRONMENTAL  AND  RENEWABLE  ENERGY
PROGRAMS  ADMINISTERED  BY  THE  AUTHORITY UNDER THE RENEWABLE PORTFOLIO
STANDARD PROGRAM AND SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING
INFORMATION:
  (I) THE AMOUNT OF MONEY COLLECTED UNDER THE RENEWABLE PORTFOLIO STAND-
ARD PROGRAM IN THE PREVIOUS SIX MONTHS;
  (II) A LIST OF REQUESTS FOR PROPOSALS OR OTHER SOLICITATIONS THAT HAVE
BEEN PUT OUT TO BID IN THE PREVIOUS SIX MONTHS TOGETHER WITH A  DETAILED
DESCRIPTION OF EACH;
  (III)  THE AMOUNT OF MONEY THAT IS ENCUMBERED, UNENCUMBERED, EXPENDED,
AND CONTRACTED FOR EACH REQUEST FOR  PROPOSALS  AND  OTHER  SOLICITATION
THAT HAS BEEN PUT OUT TO BID IN THE PREVIOUS SIX MONTHS;
  (IV)  A  LIST OF PROJECTS THAT COMMENCED THE PERMITTING PROCESS IN THE
PREVIOUS SIX  MONTHS  TOGETHER  WITH  A  DETAILED  DESCRIPTION  OF  EACH
PROJECT,  INCLUDING  BUT  NOT  LIMITED  TO, THE TYPE OF RENEWABLE ENERGY
INVOLVED, THE STATUS OF EACH PROJECT IN THE PERMITTING PROCESS, AND  THE
EXTENT  TO  WHICH  THE  AUTHORITY  COMPLIED  WITH THE LOWEST RESPONSIBLE
BIDDER AND OTHER COMPETITIVE BIDDING REQUIREMENTS  ESTABLISHED  PURSUANT
TO NEW YORK EXECUTIVE ORDERS NUMBERS 170 AND 170.1;
  (V)  A LIST OF PROJECTS THAT HAVE COMMENCED CONSTRUCTION IN THE PREVI-
OUS SIX MONTHS TOGETHER WITH A DETAILED  DESCRIPTION  OF  EACH  PROJECT,
INCLUDING BUT NOT LIMITED TO, THE TYPE OF RENEWABLE ENERGY INVOLVED, THE
STATUS  OF  EACH  PROJECT IN THE CONSTRUCTION PROCESS, AND THE EXTENT TO
WHICH THE AUTHORITY COMPLIED WITH  THE  LOWEST  RESPONSIBLE  BIDDER  AND
OTHER  COMPETITIVE BIDDING REQUIREMENTS ESTABLISHED PURSUANT TO NEW YORK
EXECUTIVE ORDERS NUMBERS 170 AND 170.1;
  (VI) A LIST OF PROJECTS THAT HAVE BEEN COMPLETED IN THE  PREVIOUS  SIX
MONTHS  TOGETHER  WITH A DETAILED DESCRIPTION OF EACH PROJECT, INCLUDING
BUT NOT LIMITED TO, THE TYPE OF RENEWABLE ENERGY INVOLVED AND THE EXTENT
TO WHICH THE AUTHORITY COMPLIED WITH THE LOWEST RESPONSIBLE  BIDDER  AND
OTHER  COMPETITIVE BIDDING REQUIREMENTS ESTABLISHED PURSUANT TO NEW YORK
EXECUTIVE ORDERS NUMBERS 170 AND 170.1;
  (VII) THE RESULTS OF EACH REQUEST FOR PROPOSALS OR OTHER  SOLICITATION
ISSUED  IN  THE  PREVIOUS  SIX MONTHS TOGETHER WITH A DESCRIPTION OF HOW
EACH PROJECT WILL CONTRIBUTE TO MEETING THE STATE'S GOALS FOR  RENEWABLE
ENERGY PRODUCTION AND CONSUMER USAGE, AND AN INDICATION OF THE EXTENT TO
WHICH  THE  AUTHORITY  COMPLIED  WITH  THE LOWEST RESPONSIBLE BIDDER AND
OTHER COMPETITIVE BIDDING REQUIREMENTS ESTABLISHED PURSUANT TO NEW  YORK
EXECUTIVE ORDERS NUMBERS 170 AND 170.1; AND

S. 4583--A                          3

  (VIII)  A  REGIONAL BREAKDOWN OF PROJECTS SELECTED UNDER EACH PROGRAM,
INCLUDING AN INDICATION OF THE COUNTY AND UTILITY SERVICE  TERRITORY  IN
WHICH THE PROJECT IS LOCATED.
  (C)  IN  THE  EVENT THAT THE PUBLIC SERVICE COMMISSION DETERMINES THAT
THE REPORTS REQUIRED BY THIS SUBDIVISION DEMONSTRATE  THAT  OVER  TWELVE
CONSECUTIVE  MONTHS  THE  AUTHORITY'S  POLICIES AND PROCEDURES UNDER THE
RENEWABLE PORTFOLIO STANDARD PROGRAM (I) DID NOT  LEAD  TO  CONSTRUCTION
AND  COMPLETION  OF RENEWABLE ENERGY PROJECTS THAT ARE NECESSARY FOR THE
STATE TO MEET ITS MOST CURRENT GOALS FOR RENEWABLE ENERGY DEPLOYMENT, OR
(II) RESULTED IN A REGIONAL OR RENEWABLE ENERGY SOURCE  IMBALANCE,  THEN
THE PUBLIC SERVICE COMMISSION SHALL HALT AND SUSPEND ALL RENEWABLE PORT-
FOLIO  STANDARD  SOLICITATIONS  PENDING OR CONTEMPLATED BY THE AUTHORITY
UNTIL SUCH TIME AS A REMEDIATION PLAN IS ADOPTED  TO  ENSURE  CORRECTIVE
ACTIONS.  THE  AUTHORITY SHALL WORK COOPERATIVELY WITH THE COMMISSION TO
DEVELOP AND IMPLEMENT A REMEDIATION PLAN. AS  A  PART  OF  ANY  PLAN  SO
ADOPTED,  A  PUBLIC  UTILITY COMPANY MAY PETITION THE COMMISSION FOR THE
RETURN OF UP TO TWENTY PERCENT OF THE MONEY COLLECTED BY SUCH UTILITY AS
A PART OF THE RENEWABLE PORTFOLIO STANDARD PROGRAM, AND SUCH MONIES WHEN
RETURNED SHALL BE USED BY THE UTILITY TO DEVELOP ITS OWN RENEWABLE PORT-
FOLIO STANDARD COMPLIANT PROGRAMS FOR THE PURPOSE OF MEETING THE STATE'S
ENERGY GOALS FOR RENEWABLE ENERGY DEVELOPMENT, HOWEVER UNDER NO  CIRCUM-
STANCE  SHALL  A UTILITY USE SUCH FUNDS TO CONSTRUCT, OWN OR OPERATE ITS
OWN GENERATING SYSTEMS. ANY SUCH REMEDIATION PLAN MUST  BE  PROVIDED  IN
WRITING  TO  THE GOVERNOR, THE MEMBERS OF THE PUBLIC SERVICE COMMISSION,
THE BOARD OF DIRECTORS OF THE AUTHORITY, THE TEMPORARY PRESIDENT OF  THE
SENATE,  THE  ASSEMBLY  SPEAKER,  THE  CHAIRMAN OF THE SENATE ENERGY AND
TELECOMMUNICATIONS COMMITTEE AND THE ASSEMBLY  ENERGY  COMMITTEE  WITHIN
SIXTY DAYS OF ITS ADOPTION.
  (D)  WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS SUBDIVISION, THE
AUTHORITY SHALL JOIN, PARTICIPATE IN, AND COMPLY WITH THE ACTIVITIES AND
PROCEDURES OF THE COUNCIL OF CONTRACTING AGENCIES ESTABLISHED BY  EXECU-
TIVE  ORDER  NO. 125, DATED MAY 22, 1989, IN ORDER TO ENHANCE THE AVAIL-
ABILITY OF AND ACCESS TO INFORMATION RELEVANT TO THE  DETERMINATIONS  BY
THE  AUTHORITY  RELATING  TO  THE  RESPONSIBILITY AND RELIABILITY OF LOW
BIDDERS FOR THE AWARD OF CONTRACTS.
  S 4. This act shall take effect January 1, 2015.

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