S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6776
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     April 2, 2015
                                      ___________
       Introduced  by  M.  of A. ENGLEBRIGHT, HEVESI, BRINDISI, ABINANTI, OTIS,
         LIFTON,   THIELE,   QUART,   LUPARDO,   STIRPE,   CRESPO,   GOTTFRIED,
         PEOPLES-STOKES,  COLTON,  SKARTADOS,  ROZIC,  JAFFEE,  TITONE, LAVINE,
         SANTABARBARA, MAGNARELLI, COOK, STECK, SCHIMEL, PAULIN,  RAIA,  JOHNS,
         BORELLI,  KEARNS,  SKOUFIS, ROSENTHAL, BUCHWALD, SIMANOWITZ, KAVANAGH,
         GUNTHER, MONTESANO, CAHILL, BARRETT, PERRY, BENEDETTO, MOYA, DINOWITZ,
         BRAUNSTEIN, MARKEY, AUBRY, WEPRIN, FAHY -- Multi-Sponsored  by  --  M.
         of  A.  BRENNAN, CERETTO, CLARK, CROUCH, DUPREY, GALEF, GLICK, LENTOL,
         LOPEZ,  MAGEE,  McDONALD,  McDONOUGH,  McKEVITT,  McLAUGHLIN,  RIVERA,
         ROBINSON,  RODRIGUEZ,  SOLAGES,  WALTER,  WEINSTEIN  --  read once and
         referred to the Committee on Energy
       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:
    1    Section 1. Short title. This act shall be known and may  be  cited  as
    2  the "NY Sun Act of 2015".
    3    S 2. The public service law is amended by adding a new section 66-o to
    4  read as follows:
    5    S  66-O.  SOLAR  INCENTIVE  AND  FINANCING PROGRAM. 1. AS USED IN THIS
    6  SECTION:
    7    (A) "ELECTRIC DISTRIBUTION COMPANY" MEANS AN  INVESTOR-OWNED  ELECTRIC
    8  CORPORATION  THAT DISTRIBUTES AND DELIVERS ELECTRICITY WITHIN THIS STATE
    9  AND HAS ANNUAL REVENUES IN EXCESS OF TWO HUNDRED MILLION DOLLARS; AND
   10    (B) (I) "QUALIFIED  SOLAR  PHOTOVOLTAIC  GENERATING  SYSTEM"  MEANS  A
   11  SYSTEM  OF  COMPONENTS THAT GENERATES ELECTRICITY FROM SUNLIGHT BY MEANS
   12  OF THE PHOTOVOLTAIC EFFECT, WHETHER OR NOT THE DEVICE IS COUPLED WITH  A
   13  DEVICE CAPABLE OF STORING THE ENERGY PRODUCED FOR LATER USE, THAT IS (A)
   14  INSTALLED  AND  OPERATED  IN  NEW  YORK  STATE WITHIN ONE OF THE SERVICE
   15  TERRITORIES OF AN ELECTRIC  DISTRIBUTION  COMPANY  AS  DEFINED  IN  THIS
   16  SECTION, AND (B) INSTALLED AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03897-02-5
       A. 6776                             2
    1    (II)  A  QUALIFIED  SOLAR  PHOTOVOLTAIC  GENERATING  SYSTEM  SHALL NOT
    2  INCLUDE: (A) A SOLAR PHOTOVOLTAIC GENERATING SYSTEM OWNED  BY  A  PUBLIC
    3  AUTHORITY,  WHERE SUCH AUTHORITY DOES NOT CONSUME ALL OF THE ELECTRICITY
    4  PRODUCED AND INSTEAD SELLS ALL OR  A  PORTION  OF  SAID  ELECTRICITY  TO
    5  ANOTHER  ENTITY,  OTHER  THAN  WHEN  SAID  AUTHORITY USES SUCH SYSTEM TO
    6  ENGAGE IN NET ENERGY METERING AS DEFINED IN PARAGRAPH (C) OF SUBDIVISION
    7  ONE OF SECTION SIXTY-SIX-J OF THIS ARTICLE, AND (B) A SOLAR PHOTOVOLTAIC
    8  GENERATING SYSTEM THAT IS OWNED BY AN ELECTRIC DISTRIBUTION COMPANY.
    9    2. WITHIN FORTY-FIVE DAYS OF THE EFFECTIVE DATE OF THIS  SECTION,  THE
   10  COMMISSION  SHALL  COMMENCE  THE  CONSIDERATION  OF MODIFICATIONS TO ITS
   11  EXISTING PROGRAMS THAT ENCOURAGE  THE  DEVELOPMENT  OF  QUALIFIED  SOLAR
   12  PHOTOVOLTAIC  GENERATING SYSTEMS AND, NO LATER THAN SEPTEMBER FIRST, TWO
   13  THOUSAND SIXTEEN, THE COMMISSION SHALL MAKE A DETERMINATION ESTABLISHING
   14  MODIFICATIONS TO ITS EXISTING PROGRAMS THAT ENCOURAGE THE DEVELOPMENT OF
   15  QUALIFIED SOLAR PHOTOVOLTAIC GENERATING SYSTEMS IN CONFORMANCE WITH THIS
   16  SECTION. THE DEPARTMENT SHALL CONSULT WITH THE  NEW  YORK  STATE  ENERGY
   17  RESEARCH AND DEVELOPMENT AUTHORITY IN THE PREPARATION OF ITS RECOMMENDA-
   18  TIONS  TO  THE  COMMISSION FOR SUCH DETERMINATION. THE PROGRAM MODIFICA-
   19  TIONS SHALL REQUIRE:
   20    (A) ADMINISTRATION BY THE NEW YORK STATE ENERGY RESEARCH AND  DEVELOP-
   21  MENT AUTHORITY;
   22    (B)  PLANNED  STATEWIDE  ANNUAL  EXPENDITURES INCLUDING ALL COSTS OF A
   23  MINIMUM OF ONE HUNDRED FIFTY MILLION DOLLARS, TAKING INTO  CONSIDERATION
   24  THE  SOLAR-BASED PROGRAMS ADMINISTERED BY THE LONG ISLAND POWER AUTHORI-
   25  TY, COMMENCING IN CALENDAR YEAR TWO THOUSAND SIXTEEN AND SUSTAINED  EACH
   26  YEAR THROUGH CALENDAR YEAR TWO THOUSAND TWENTY-FIVE;
   27    (C) A DIVERSITY OF PROJECT SIZES, GEOGRAPHIC DISTRIBUTION, AND PARTIC-
   28  IPATION  AMONG CUSTOMER CLASSES, SUBJECT TO COST-EFFECTIVENESS CONSIDER-
   29  ATIONS;
   30    (D) INCENTIVE OR FINANCING STRUCTURES THAT MAXIMIZE COST-EFFECTIVENESS
   31  AND  PRACTICALITY  THROUGH  COMPETITIVE  PROCUREMENTS,  STANDING-OFFERS,
   32  PRODUCTION  INCENTIVES OR CAPACITY INCENTIVES AT THE WHOLESALE OR RETAIL
   33  LEVEL AS IN THE JUDGMENT OF THE COMMISSION PROVIDE FOR THE  MOST  EFFEC-
   34  TIVE PROGRAM;
   35    (E)  FOR  PROJECTS  EXCEEDING  100  KILOWATTS,  INCENTIVE OR FINANCING
   36  STRUCTURES THAT TAKE INTO CONSIDERATION THE  ECONOMIC  BENEFITS  TO  THE
   37  STATE OF NEW YORK;
   38    (F)  PROGRAM  DESIGNS  THAT  TAKE  INTO CONSIDERATION THE AVOIDANCE OF
   39  LONG-TERM COSTS TO THE TRANSMISSION AND DISTRIBUTION SYSTEM AND  MINIMI-
   40  ZATION OF PEAK LOAD IN CONSTRAINED AREAS;
   41    (G)  ANNUAL  REPORTS  ON  THE  ACHIEVEMENTS  AND  EFFECTIVENESS OF THE
   42  PROGRAM; AND
   43    (H) SUCH OTHER ISSUES DEEMED APPROPRIATE BY THE COMMISSION.
   44    S 3. This act shall take effect immediately.