What's happening
This bill requires New York to analyze and address unfair competitive advantages for out-of-state power generators versus in-state generators, focusing on environmental and economic impacts.
Why it matters
Aims to close regulatory loopholes. by requiring New York to investigate and address how out-of-state power generators may avoid costs—like environmental compliance, taxes, or clean energy standards—that in-state generators must pay, potentially putting local businesses at a disadvantage.
Seeks to protect local jobs and tax bases. by highlighting the risk that unfair competition from out-of-state power could result in job losses and reduced revenue for New York communities, especially if local generators are forced out of the market.
Focuses on environmental integrity. by acknowledging that importing power from regions with weaker environmental standards could undermine New York’s clean energy goals and increase pollution, affecting residents both within and beyond state borders.
Mandates a stakeholder-driven analysis and reporting process. that brings together regulators, industry, and public input to recommend concrete steps for leveling the playing field, ensuring energy policy is informed by broad perspectives and local impacts.
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Who cares
New York power generators
The bill would require an examination of whether state charges, environmental standards and allowance auctions put them at a competitive disadvantage against imported power.
Out-of-state power generators selling into New York
The bill would scrutinize their potential cost advantages and require recommendations to minimize negative consequences of imported power exempt from state charges and requirements.
- Watching
Public Service Commission and state energy agencies
The commission would establish a stakeholder proceeding and monitoring methodology, consulting with the New York State Energy Research and Development Authority and the federally designated bulk system operator.
Power-generation workers, host communities and environmental advocates
The required report would incorporate stakeholder comments on imported power’s effects on local employment, revenues and environmental conditions inside and outside New York.
Headline styles
Study Out-of-State Power Advantages
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to corporations, authorities and commissions
- Referred to corporations, authorities and commissions
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Review Power Import Advantages
In Senate Committee · Energy And Telecommunications · Sponsor Catharine Young
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3628
2017-2018 Regular Sessions
IN ASSEMBLY
January 30, 2017
Introduced by M. of A. SCHIMMINGER -- read once and referred to the Committee on Corporations, Authorities and Commissions
AN ACT to amend the public service law, in relation to the effect of power importation on electrical markets
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The public service law is amended by adding two new sections 77-a and 77-b to read as follows:
§ 77-a. Legislative intent. The legislature hereby finds and declares that it is in the best public policy interest of the state and its citizens to ensure that, to the greatest extent possible, the letter and spirit of environmental and renewable energy goals are enforced for any generator who does business in the New York state energy markets.
It is not the intent of this legislature to allow generators who import power into the state to obtain significant competitive advantages over in-state generators. Such unjustified advantages hurt New York generators, threaten jobs and local tax bases, and encourage the importation of pollution intensive power into the state significantly threatening the health of the residents of this state.
The legislature further declares that it is in the best economic and environmental interests of the state to adopt consistent policies that, to the greatest extent possible, utilize electrical power in as cost efficient and environmentally friendly means whether such power is generated within the state or is imported from another state or nation. Therefore, the legislature directs the commission to initiate a stakeholder process to analyze the ways to level the competitive field regarding in state versus imported generation regarding both cost and mitigating adverse environmental effects.
§ 77-b. The effect of power importation on electrical markets. 1. The commission is authorized and directed to determine, through a comprehensive monitoring and reporting methodology, the undue competitive advan-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06236-01-7
A. 3628 2
tages in the state's electricity markets that out-of-state power generators have over in-state power generators due to this state's imposition of charges, fees, assessments, environmental standards and/or allowance auctions on in-state generated power that are not imposed at comparable levels or strictures on power imported into the state. Such methodology for monitoring and reporting shall be established pursuant to a stakeholder process through a proceeding to be established by the commission within one month of the effective date of this section. The commission shall consult with the New York state energy research and development authority and the federally designated bulk system operator serving the state's electric system on how best to create the needed methodology. Within nine months of the commission establishing the methodology pursuant to this section, the department shall issue a report to the governor and the chairs of the energy committees of the assembly and senate that describes, in detail, the negative consequences of imported power exempt from such charges, fees, assessments and/or allowance auctions, as well as recommendations on how these consequences could be minimized. Such report shall reflect stakeholder review and comment on the issue of imported power's impact on local employment and revenues, and adverse environmental impacts both within and outside the state.
2. For the purposes of this section and section seventy-seven-a of this article, the following terms shall have the following meanings:
(a) "Competitive advantage" shall mean any advantageous position, financial or otherwise, that exists for an out-of-state power generator over an in-state power generator in relation to requirements regarding state imposed charges, fees, assessments, environmental standards and/or allowance auctions. A competitive advantage may include, among other things, avoided costs such as within New York state shared infrastructure improvements, taxes, penalties, costs of compliance to clean energy or environmental standards, and administrative or reporting costs.
(b) "In-state power generator" shall mean a power generation facility physically located in this state.
(c) "Out-of-state power generator" shall mean a power generation facility physically located in a state or province outside of this state that is selling power in New York state.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.