What's happening
This bill establishes a "renewable energy bill of rights," granting New York residents the right to generate, store, and fairly export renewable energy.
Why it matters
Empowers individual energy autonomy. By explicitly granting residents the right to generate, store, and export renewable energy, the bill reduces dependence on traditional utility companies and gives households greater control over their energy choices and costs.
Protects against discriminatory utility fees. The bill bars utilities from imposing separate or higher fees on customers who install renewable energy or storage systems, ensuring fair treatment and financial predictability for those adopting clean energy technologies.
Requires fair compensation for exported energy. Residents must receive "fair credit" for any renewable or stored energy they send back to the grid, which could improve the economics of home solar, battery storage, and similar investments.
Mandates consumer protections and grid safety. The legislation calls for contract protections for renewable energy users and establishes safety requirements for connecting systems to the grid, aiming to safeguard both consumers and utility workers.
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Who cares
New York residents generating renewable energy
The bill would declare rights to generate, consume and export renewable energy, receive fair credit for exports and receive consumer protections in renewable energy contracts.
Residents using home energy storage
The bill would declare rights to store energy at home, connect qualifying systems on the customer’s side of the meter and remain in their existing rate class without different fees, subject to grid safety and reliability conditions.
Electric utilities
The bill would require timely connections under specified safety and notice conditions and give residents’ renewable generation priority in energy resource planning and acquisition.
Electric utility workers
Connections would have to comply with utility requirements designed to protect worker safety, with written notice and a meter-panel plate identifying generation or storage systems.
Headline styles
Guarantee Renewable Energy Rights
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to energy and telecommunications
- Referred to energy and telecommunications
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5231
2019-2020 Regular Sessions
IN SENATE
April 17, 2019
Introduced by Sen. MAY -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommunications
AN ACT to amend the public service law, in relation to enacting the "renewable energy bill of rights"
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. This act shall be known and may be cited as the "renewable energy bill of rights".
§ 2. The public service law is amended by adding a new section 66-p to read as follows:
§ 66-p. Right to renewable energy. 1. The legislature declares that each natural person who is a resident of this state has the right to:
(a) generate, consume and export renewable energy and reduce his or her use of electricity that is obtained from the grid;
(b) use technology to store energy at his or her residence;
(c) if the person generates renewable energy pursuant to paragraph (a) of this subdivision, or stores energy pursuant to paragraph (b) of this subdivision, or any combination thereof, connect his or her system that generates renewable energy or stores energy, or any combination thereof, with the electricity meter on the customer's side that is provided by an electric corporation:
(i) in a timely manner;
(ii) in accordance with requirements established by the electric corporation to ensure the safety of electric corporation workers; and
(iii) after providing written notice to the electric corporation providing service in the service territory and installing a nomenclature plate on the electricity meter panel indicating that a system that generates renewable energy or stores energy, or any combination thereof, is present, if the system meets all applicable state and local safety and electrical code requirements;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10439-01-9
S. 5231 2
(d) receive fair credit for any renewable energy or stored energy exported to the grid pursuant to section sixty-six-j or sixty-six-l of this article or both;
(e) consumer protections in contracts for renewable energy;
(f) have his or her generation of renewable energy given priority in planning and acquisition of energy resources by an electric utility; and
(g) remain within the existing rate class to which the resident would belong in the absence of a net metering system or a system that generates renewable energy or stores energy, or any combination thereof, without any fees or charges that are different than the fees and charges assessed to customers of the same rate class, regardless of the technologies on the customer's side of the electricity meter, including, without limitation, energy production, energy savings, energy consumption, energy storage or energy shifting technologies, provided that such technologies do not compromise the safety and reliability of the utility grid.
2. For purposes of this section, the term "renewable energy" shall mean energy generated from any non-combustible renewable energy source set forth in section sixty-six-j or sixty-six-l of this article.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public service law, in relation to enacting the "renewable energy bill of rights"
Purpose
The purpose of this bill is to affirm the right of each resident of New York State to generate, consume and export renewable energy and reduce his or her use of electricity from the power grid.
Summary of provisions
This bill amends the public service law by adding a new section 66-p to declare that each resident of the state has the right to:
*Generate, consume and export renewable energy and reduce use of elec- tricity obtained from the grid; *Use technology to store energy at his or her residence; *Connect such system with the electricity meter on the customer's side that is provided by the electric corporation, in a timely manner and in accordance with requirements established by the electric corporation; *Receive fair credit for renewable energy exported to the grid pursuant to sections 66-j or 66-1 of this article; *Consumer protections in contracts for renewable energy; *Have his or her generation of renewable energy given priority in plan- ning and acquisition of energy resources by an electric utility; *Remain within the existing rate class, including the fees and charges assigned thereto, to which the resident would belong in the absence of a net metering system.
For purposes of this bill the term "renewable energy" shall mean energy generated from any noncombustible renewable energy source set forth in sections 66-j or 66-1 of this article.
Justification
As renewable energy options like solar and wind power are becoming increasing available and affordable to New Yorkers, utility companies and, in some cases, municipalities, are finding ways to resist or inter- fere with what many legal scholars are now agreeing is an extension of the common law as it pertains to use of personal property - the right to self-generate electricity as a grid-connected customer. (1) The individ- ual's right to make use of their property for their benefit is a right that seems so self-evident it would not require codifying; yet, there have been numerous instances where utilities have obstructed the connec- tivity of residential energy installations back to the power grid or refused to give fair credit to the customer for excess electricity generated.
A New York "renewable energy bill of rights" will solidify the individ- ual's right to generate electricity for their own use while remaining connected to the grid, if they so choose. This legislation should also increase participation in the state's renewable energy incentive programs like NY-SUN and others administered by NYSERDA. At least one Otherstate, Nevada, has enacted similar legislation. New Yorkers' "Right to Renew" will be preserved and codified with this legislation, afford- ing residents the legal standing to use available, non-combustion based technology to produce electricity on their property for their own use. It will also assure those generating renewable energy consumer protections and fair credit for any excess electricity they wish to place back on the grid through existing electricity transmission lines.
(1) https://www.eba-netorg/assets/1/6/23-305-326-Wellinghoff FINAL (1 1 .101.pdf
Fiscal impact
None to the State
Legislative history
New bill
Effective date
Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.