§ 66-c. Conservation of energy. 1. It is hereby declared to be the\npolicy of this state that it is in the public interest to encourage, at\nrates just and reasonable to electric and steam corporation ratepayers,\nthe development of alternate energy production facilities, co-generation\nfacilities and small hydro facilities in order to conserve our finite\nand expensive energy resources and to provide for their most efficient\nutilization when such facilities are needed to fulfill the energy,\ncapacity or other electric system needs of this state, as determined by\nthe most recent state energy plan. In furtherance of this declared\npolicy, the commission shall encourage the participation of utilities in\nco-generation, small hydro and alternate energy production facilities\neither directly or through subsidiaries formed pursuant to the\nprovisions of subdivisions three and four of this section. In addition,\nthe commission shall require any electric corporation or steam\ncorporation (a) to enter into long-term contracts to purchase or wheel\nelectricity or useful thermal energy from any alternate energy\nproduction, small hydro or co-generation facility, with an electric\ngenerating capacity of up to eighty megawatts, under such rates, terms\nand conditions as the commission shall find just and economically\nreasonable to the corporation's ratepayers, non-discriminatory to\nco-generators, small hydro producers and alternate energy producers and\nfurther the public policy set forth herein; and (b) to provide\nsupplemental or back-up power to any alternate energy production, small\nhydro or co-generation facility on a non-discriminatory basis and at\njust and reasonable rates; provided, however, that nothing contained in\nthis section shall require any such electric or steam corporation to\nconstruct any additional facilities for such purposes unless such\nfacilities are paid for in full by the owner or operator of the\nco-generation, small hydro or alternate energy production facility.\n 2. Notwithstanding any other provision of law, the minimum sales price\nfor purchased electricity from any alternate energy production facility,\nco-generation facility or small hydro facility of six cents per\nkilowatt hour for each utility, as established by chapter eight hundred\nforty-three of the laws of nineteen hundred eighty-one, shall remain in\nfull force and effect (a) for any contract fully executed by the parties\nand filed with the commission on or before June twenty-sixth, nineteen\nhundred ninety-two and (i) providing for the purchase of electricity at\nsuch minimum sales price, or (ii) providing for the purchase of\nelectricity at a utility tariff rate referencing a statutory minimum\nsales price, or (iii) providing for the reconciliation or recalculation\nof such contract's purchase price by comparison to such statutory\nminimum sales price or tariff rate, for the duration of any such\ncontract and subject to the terms and conditions of such contract and\nperformance thereunder, provided, however, that such minimum sales price\nshall be implemented in accordance with the policies and conditions\nestablished by the commission, and (b) for any such facility concerning\nwhich a final and unappealable judgment of a court of New York state,\nrendered prior to January first, nineteen hundred eighty-seven,\ndetermined that such facility was entitled to receive such minimum sales\nprice, provided that such minimum sales price shall be applicable to all\npurchased electricity from such facility irrespective of any\nmodifications or additions to such facility that may be necessary to\nenable such facility to achieve the electric power production capacity\nof such facility as set forth in an order of the Federal Energy\nRegulatory Commission issued prior to January first, nineteen hundred\neighty-seven granting an application for certification of such facility\nas a qualifying facility, and (c) for any such facility which has been\npro
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.