Bill S7739-2013

Enacts the New York sun act of 2014

Enacts the New York sun act of 2014; establishes a solar energy incentive and financing program.

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  • Jun 3, 2014: REFERRED TO ENERGY AND TELECOMMUNICATIONS

Memo

BILL NUMBER:S7739

TITLE OF BILL: An act to amend the public service law, in relation to establishing a solar incentive and financing program

PURPOSE: To establish a solar incentive program that includes an extension of certain existing programs

SUMMARY OF PROVISIONS: The bill amends the public service law in respect to the solar incentive program defining "Electric distribution company" and "Qualified solar photovoltaic generating system". The bill takes focus on the modifications to its existing programs that encourage the development of qualified solar photovoltaic generating systems. The program modifications will require administration by the NYS Energy Research and Development Authority; planned annual expenditures; diversity of project; incentive structures that maximize cost effectiveness, participation and the economic benefits to NYS.

JUSTIFICATION: New York State must take measures to ensure that it remains at the forefront of economical power generation and the delivery of alternative and cleaner power. This legislation provides appropriate incentives for solar power generation by including a long term strategy for solar expansion with an equally important goal of minimizing negative rate payer impacts.

This legislation also seeks to capitalize on the growing solar and energy storage segments of the energy sector. At the present time, New York State is experiencing a lag in the development of these segments of the renewable energy sector when compared to other states. Part of the problem has been that theme is no clear incentive for businesses to make capital investments in solar and energy storage development. This is both a necessary and prudent step because it will help New York meet its goals for renewable energy. And, just as importantly, it will help to create solar and energy storage manufacturing and marketing jobs in New York State, rather than see them Created in another state or even worse, another country.

LEGISLATIVE HISTORY: None

FISCAL IMPLICATIONS: To be determined

LOCAL FISCAL IMPLICATIONS: To be determined

EFFECTIVE DATE: This bill shall take effect immediately


Text

STATE OF NEW YORK ________________________________________________________________________ 7739 IN SENATE June 3, 2014 ___________
Introduced by Sen. LATIMER -- 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 establishing a solar incentive and financing program THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Short title. This act shall be known and may be cited as the "NY Sun Act of 2014". S 2. The public service law is amended by adding a new section 66-n to read as follows: S 66-N. SOLAR INCENTIVE AND FINANCING PROGRAM. 1. AS USED IN THIS SECTION: (A) "ELECTRIC DISTRIBUTION COMPANY" MEANS AN INVESTOR-OWNED ELECTRIC CORPORATION THAT DISTRIBUTES AND DELIVERS ELECTRICITY WITHIN THIS STATE AND HAS ANNUAL REVENUES IN EXCESS OF TWO HUNDRED MILLION DOLLARS; AND (B) (I) "QUALIFIED SOLAR PHOTOVOLTAIC GENERATING SYSTEM" MEANS A SYSTEM OF COMPONENTS THAT GENERATES ELECTRICITY FROM SUNLIGHT BY MEANS OF THE PHOTOVOLTAIC EFFECT, WHETHER OR NOT THE DEVICE IS COUPLED WITH A DEVICE CAPABLE OF STORING THE ENERGY PRODUCED FOR LATER USE, THAT IS (A) INSTALLED AND OPERATED IN NEW YORK STATE WITHIN ONE OF THE SERVICE TERRITORIES OF AN ELECTRIC DISTRIBUTION COMPANY AS DEFINED IN THIS SECTION, AND (B) INSTALLED AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN. (II) A QUALIFIED SOLAR PHOTOVOLTAIC GENERATING SYSTEM SHALL NOT INCLUDE: (A) A SOLAR PHOTOVOLTAIC GENERATING SYSTEM OWNED BY A PUBLIC AUTHORITY, WHERE SUCH AUTHORITY DOES NOT CONSUME ALL OF THE ELECTRICITY PRODUCED AND INSTEAD SELLS ALL OR A PORTION OF SAID ELECTRICITY TO ANOTHER ENTITY, OTHER THAN WHEN SAID AUTHORITY USES SUCH SYSTEM TO ENGAGE IN NET ENERGY METERING AS DEFINED IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION SIXTY-SIX-J OF THIS ARTICLE, AND (B) A SOLAR PHOTOVOLTAIC GENERATING SYSTEM THAT IS OWNED BY AN ELECTRIC DISTRIBUTION COMPANY. 2. WITHIN FORTY-FIVE DAYS OF THE EFFECTIVE DATE OF THIS SECTION, THE COMMISSION SHALL COMMENCE THE CONSIDERATION OF MODIFICATIONS TO ITS EXISTING PROGRAMS THAT ENCOURAGE THE DEVELOPMENT OF QUALIFIED SOLAR
PHOTOVOLTAIC GENERATING SYSTEMS AND, NO LATER THAN SEPTEMBER FIRST, TWO THOUSAND FIFTEEN, THE COMMISSION SHALL MAKE A DETERMINATION ESTABLISHING MODIFICATIONS TO ITS EXISTING PROGRAMS THAT ENCOURAGE THE DEVELOPMENT OF QUALIFIED SOLAR PHOTOVOLTAIC GENERATING SYSTEMS IN CONFORMANCE WITH THIS SECTION. THE DEPARTMENT SHALL CONSULT WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY IN THE PREPARATION OF ITS RECOMMENDA- TIONS TO THE COMMISSION FOR SUCH DETERMINATION. THE PROGRAM MODIFICA- TIONS SHALL REQUIRE: (A) ADMINISTRATION BY THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP- MENT AUTHORITY; (B) PLANNED STATEWIDE ANNUAL EXPENDITURES INCLUDING ALL COSTS OF A MINIMUM OF ONE HUNDRED FIFTY MILLION DOLLARS, TAKING INTO CONSIDERATION THE SOLAR-BASED PROGRAMS ADMINISTERED BY THE LONG ISLAND POWER AUTHORI- TY, COMMENCING IN CALENDAR YEAR TWO THOUSAND FIFTEEN AND SUSTAINED EACH YEAR THROUGH CALENDAR YEAR TWO THOUSAND TWENTY-FOUR; (C) A DIVERSITY OF PROJECT SIZES, GEOGRAPHIC DISTRIBUTION, AND PARTIC- IPATION AMONG CUSTOMER CLASSES, SUBJECT TO COST-EFFECTIVENESS CONSIDER- ATIONS; (D) INCENTIVE OR FINANCING STRUCTURES THAT MAXIMIZE COST-EFFECTIVENESS AND PRACTICALITY THROUGH COMPETITIVE PROCUREMENTS, STANDING-OFFERS, PRODUCTION INCENTIVES OR CAPACITY INCENTIVES AT THE WHOLESALE OR RETAIL LEVEL AS IN THE JUDGMENT OF THE COMMISSION PROVIDE FOR THE MOST EFFEC- TIVE PROGRAM; (E) FOR PROJECTS EXCEEDING 100 KILOWATTS, INCENTIVE OR FINANCING STRUCTURES THAT TAKE INTO CONSIDERATION THE ECONOMIC BENEFITS TO THE STATE OF NEW YORK; (F) PROGRAM DESIGNS THAT TAKE INTO CONSIDERATION THE AVOIDANCE OF LONG-TERM COSTS TO THE TRANSMISSION AND DISTRIBUTION SYSTEM AND MINIMI- ZATION OF PEAK LOAD IN CONSTRAINED AREAS; (G) ANNUAL REPORTS ON THE ACHIEVEMENTS AND EFFECTIVENESS OF THE PROGRAM; AND (H) SUCH OTHER ISSUES DEEMED APPROPRIATE BY THE COMMISSION. S 3. This act shall take effect immediately.

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