Adds fuel cell, tidal and wave energy to the definition of the term "alternate energy production facility" for purposes of the public service law

5 Co-sponsors

• Martin Malavé Dilan
• Ruth Hassell-Thompson
• John L. Sampson
• William T. Stachowski
• Antoine M. Thompson

Title of bill

An act to amend the public service law, in relation to the definition of alternate energy production facilities

Purpose of the bill

The purpose of this bill is to encourage new, clean alternative electric generation technologies, including fuel cells, tidal and wave power.

Summary of provisions

Section 1 of this bill would amend Public Service Law (PSL) §2(2-b) to except fuel cell, tidal, or wave energy facilities with an electric generating capacity of up to eighty megawatts from the definition of facilities giving rise to an "electric corporation" that is subject to the jurisdiction of the Public Service Commission (Commission).

Section 2 of this bill provides that the bill will take effect immediately.

Existing law

PSL §2(13) defines electric corporations subject to the jurisdiction of the Commission. Co-generation facilities (PSL §2(2-a)), small hydro facilities (PSL §2(2-c)), and alternate energy production facilities (PSL §2(2-b) are specifically exempted from the definition of facilities giving rise to an "electric corporation."

PSL §2(2-b) defines an "alternate energy production facility" to include any solar, wind turbine, waste management resource recovery, refuse-derived fuel or wood burning facility with an electric generating capacity of up to eighty megawatts which produces electricity, gas or useful thermal energy.

Prior legislative history

In 2008, this bill died on the Senate Calendar (S.7776), and was referred to the Assembly Energy Committee (A.10396).

Statement in support

Fuel cell, tidal and wave energy technologies are relatively new, and were not foreseen when the PSL definition of "alternate energy production facilities" was promulgated. The development of alternate energy production facilities of up to eighty megawatts is encouraged by the exclusion of fuel cell, tidal and wave facilities from the regulatory structure imposed upon entities subject to the jurisdiction of the Commission. These energy facilities generally are environmentally benign, and their increased development would displace the use and resultant harmful air emissions of fossil fuels.

Budget implications

None.

Effective date

This bill would become effective upon enactment.