Bill Text: NY A02282 | 2019-2020 | General Assembly | Amended


Bill Title: Establishes the New York state clean energy tech production program as a self-directed program for industrial, commercial and large users in order to stimulate the growth and adoption of more efficient use of energy, greater use of advanced energy management products, deeper penetration of renewable energy resources, wider deployment of "distributed" energy resources, and storage.

Spectrum: Strong Partisan Bill (Democrat 26-2)

Status: (Introduced) 2019-03-26 - print number 2282b [A02282 Detail]

Download: New_York-2019-A02282-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         2282--B
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 22, 2019
                                       ___________
        Introduced by M. of A. WOERNER, D'URSO, FAHY, ZEBROWSKI, BARRON, THIELE,
          ORTIZ,  WALKER,  SANTABARBARA,  ENGLEBRIGHT, GUNTHER, JONES, McDONALD,
          SIMON, COOK, GALEF, WILLIAMS, SAYEGH, ARROYO, RAIA, DeSTEFANO, PICHAR-
          DO, GRIFFIN -- Multi-Sponsored  by  --  M.  of  A.  BUCHWALD,  HUNTER,
          M. G. MILLER,  WRIGHT  --  read  once and referred to the Committee on
          Energy -- committee discharged, bill  amended,  ordered  reprinted  as
          amended  and recommitted to said committee -- again reported from said
          committee with amendments, ordered reprinted as amended and  recommit-
          ted to said committee
        AN  ACT to amend the public service law, in relation to establishing the
          New York state clean energy tech production program
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The public service law is amended by adding a new section
     2  66-p to read as follows:
     3    § 66-p. New York state clean energy tech production  program.  1.  (a)
     4  The  commission  shall,  within forty-five days of the effective date of
     5  this section, commence a proceeding to establish a self-directed program
     6  for its industrial, commercial and large users, in  order  to  stimulate
     7  the  growth and adoption of more efficient use of energy, greater use of
     8  advanced energy management products,  deeper  penetration  of  renewable
     9  energy  resources  such as wind, solar, geothermal, renewable biogas and
    10  anaerobic digestion, wider deployment of "distributed" energy resources,
    11  such as micro grids, roof-top solar, fuel cells and other on-site  power
    12  supplies, and storage.
    13    2.  The  commission,  in  collaboration  with  the utilities and large
    14  industrial customers, shall develop, oversee and issue guidelines estab-
    15  lishing rules and principles for the self-directed program  which  shall
    16  include the following elements:
    17    (a)  A  program structure that allows industrial, commercial and large
    18  users to treat  their  existing  and  future  clean  energy  surcharges;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01207-08-9

        A. 2282--B                          2
     1  including,  but  not  limited to, surcharges to support the clean energy
     2  fund, the system benefits charge, the renewable portfolio standard,  the
     3  energy  efficiency  portfolio  standard and energy efficiency transition
     4  implementation  plans  as dedicated funds for energy efficiency, greater
     5  use of advanced energy management products, deeper penetration of renew-
     6  able energy resources such as wind,  solar,  geothermal,  and  anaerobic
     7  digestion,  wider  deployment of "distributed" energy resources, such as
     8  micro  grids,  roof-top  solar,  fuel  cells  and  other  on-site  power
     9  supplies, and storage through an energy savings account.
    10    (b)  The  self-directed  program  shall be available to all individual
    11  customers with a thirty-six month average demand  of  two  megawatts  or
    12  greater as well as customers with an aggregated thirty-six month average
    13  demand  of  four  megawatts  or  greater  as  long as one or more of the
    14  accounts being aggregated by the customer  has  at  least  a  thirty-six
    15  month average demand of one megawatt.
    16    (c)  A  mechanism to recoup paid funds from self-directed customers if
    17  it is determined that funds contained in the energy savings account were
    18  utilized erroneously or if planned energy  efficiency  savings  did  not
    19  actually occur.
    20    (d)  A  requirement  that  after  seven  years  any  unused surcharges
    21  contained in the energy saving  account  shall  be  made  available  for
    22  original purposes of the surcharge.
    23    (e)  A  requirement  to collect and establish self-directed customers'
    24  baseline energy use data.
    25    (f) A method to measure and  verify  all  claimed  energy  objectives,
    26  using  the  same  standards  for  data  collection as other existing and
    27  future clean energy surcharges.
    28    (g) Offering self-directed customers multi-year  time  frames  greater
    29  than  thirty-five months in which to expend aggregated energy efficiency
    30  fees.
    31    (h) A means  to  calculate  energy  optimization  established  by  the
    32  commission and based on annual electricity usage, provided that:
    33    (1)  annual  electricity  usage shall be normalized so that neither of
    34  the following are included in  the  calculation  of  the  percentage  of
    35  incremental  energy savings: (i) changes in electricity usage because of
    36  changes in business activity levels not attributable to energy optimiza-
    37  tion; (ii) changes in electricity usage  because  of  the  installation,
    38  operation, or testing of pollution control equipment.
    39    (2)  savings  may also be calculated on the average number of megawatt
    40  hours of electricity sold by the electric provider annually  during  the
    41  previous three years to retail customers in this state.
    42    (i)  The self-directed customer must develop a self-directed optimiza-
    43  tion plan. Such plan shall outline how the customer intends  to  achieve
    44  the goals of the self-directed program.
    45    (j)  A  customer implementing a self-directed energy optimization plan
    46  shall provide a brief report biannually documenting the  measures  taken
    47  to meet the goals of the self-directed program. The report shall provide
    48  sufficient  information  for the utilities and the commission to monitor
    49  progress toward the goals in the self-directed plan and to develop reli-
    50  able estimates of the energy savings, renewable power  generated  and/or
    51  the  deployment  of distributed energy resources that are being achieved
    52  from self-directed plans.
    53    (k) Participants will have the opportunity to self-direct  a  majority
    54  of  their  own  contributions to qualifying projects, provided, however,
    55  that a portion of the contributions, equal to no more than one  percent,

        A. 2282--B                          3
     1  is  allocated to support program administration and evaluation, measure-
     2  ment and verification.
     3    3.  The  commission  shall  provide  an annual report on or before the
     4  first day of January to the governor, the  temporary  president  of  the
     5  senate,  the  speaker of the assembly, the minority leader of the senate
     6  and the minority leader of  the  assembly,  on  the  clean  energy  tech
     7  production program.
     8    § 2. This act shall take effect immediately.
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