[§227D-1.5  Authority as public utility.]  (a) The authority shall be exempt from the definition of "public utility"under section 269-1 and shall be exempt from regulation by the public utilitiescommission for the sale or provision of electricity generated by the authorityusing renewable energy as its source in facilities located at the authority'sresearch and technology park; provided that all sales or provisions ofelectricity are made directly to a user located adjacent to the authority'sresearch and technology park on lands leased by the user from the State; andprovided further that connection to the electrical grid shall not be requiredto provide any electricity to any user.

(b)  If the sale or provision of anyelectricity generated by the authority requires connection to the electricalgrid to transmit electricity to any user, then the authority shall be deemed tobe a public utility as defined in section 269-1 and shall be subject toregulation by the public utilities commission.  If the sale or provision of anyelectricity generated by the authority requires connection to the electricalgrid, the authority shall be subject to any interconnection agreement or otheragreement required by an electric utility or by the public utilities commission.

As used in this section, "renewable energy"shall have the same meaning as in section 269-91. [L 2009, c 157, §1]