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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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 - Dead) 2020-01-08 - referred to energy [A02282 Detail]

Download: New_York-2019-A02282-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2282
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 22, 2019
                                       ___________
        Introduced by M. of A. WOERNER -- Multi-Sponsored by -- M. of A. BARRON,
          BUCHWALD,  COOK,  D'URSO,  ENGLEBRIGHT,  FAHY, GALEF, GUNTHER, HUNTER,
          JONES,  M. G. MILLER,  ORTIZ,  PICHARDO,  RAIA,  SANTABARBARA,  SIMON,
          THIELE,  WALKER, WILLIAMS, WRIGHT, ZEBROWSKI -- read once and referred
          to the Committee on Energy
        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. The
     4  commission shall, within forty-five days of the effective date  of  this
     5  section,  commence a proceeding to establish a self-directed program for
     6  its industrial, commercial and large energy 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  biomass  or
    10  biogas and anaerobic digestion, wider deployment of "distributed" energy
    11  resources,  such  as  micro  grids, roof-top solar, fuel cells and other
    12  on-site power supplies, and energy 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;
    19  including, but not limited to, surcharges to support  the  clean  energy
    20  fund,  the system benefits charge, the renewable portfolio standard, the
    21  energy efficiency portfolio standard and  energy  efficiency  transition
    22  implementation  plans  as dedicated funds for energy efficiency, greater
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01207-01-9
        A. 2282                             2
     1  use of advanced energy management products, deeper penetration of renew-
     2  able energy resources such as wind,  solar,  geothermal,  and  anaerobic
     3  digestion,  wider  deployment of "distributed" energy resources, such as
     4  micro  grids,  roof-top  solar,  fuel  cells  and  other  on-site  power
     5  supplies, and energy storage through an energy savings account.
     6    (b) The self-directed program shall be  available  to  all  individual
     7  customers  with  a  thirty-six  month average demand of two megawatts or
     8  greater as well as customers with an aggregated thirty-six month average
     9  demand of four megawatts or greater as  long  as  one  or  more  of  the
    10  accounts  being  aggregated  by  the  customer has at least a thirty-six
    11  month average demand of one megawatt.
    12    (c) A mechanism to recoup paid funds from self-directed  customers  if
    13  it is determined that funds contained in the energy savings account were
    14  utilized  erroneously  or if planned energy efficiency or other projects
    15  permitted herein did not actually occur.
    16    (d) A  requirement  that  after  seven  years  any  unused  surcharges
    17  contained  in  the  energy  saving  account  shall be made available for
    18  original purposes of the surcharge.
    19    (e) A requirement to collect and  establish  self-directed  customers'
    20  baseline energy use data.
    21    (f)  A  method  to  measure  and verify all claimed energy objectives,
    22  using the same standards for  data  collection  as  other  existing  and
    23  future clean energy surcharges.
    24    (g)  Offering  self-directed  customers multi-year time frames greater
    25  than thirty-five months in which to expend aggregated energy  efficiency
    26  fees.
    27    (h)  A  means  to  calculate  energy  optimization  established by the
    28  commission and based on annual electricity usage, provided that:
    29    (1) annual electricity usage shall be normalized so  that  neither  of
    30  the  following  are  included  in  the  calculation of the percentage of
    31  incremental energy savings: (i) changes in electricity usage because  of
    32  changes in business activity levels not attributable to energy optimiza-
    33  tion;  (ii)  changes  in  electricity usage because of the installation,
    34  operation, or testing of pollution control equipment.
    35    (2) savings may also be calculated on the average number  of  megawatt
    36  hours  of  electricity sold by the electric provider annually during the
    37  previous three years to retail customers in this state.
    38    (i) The self-directed customer must develop a self-directed  optimiza-
    39  tion  plan.  Such plan shall outline how the customer intends to achieve
    40  the goals of the self-directed program.
    41    (j) A customer implementing a self-directed energy  optimization  plan
    42  shall  provide  a brief report biannually documenting the measures taken
    43  to meet the goals of the self-directed program. The report shall provide
    44  sufficient information for the utilities and the commission  to  monitor
    45  progress toward the goals in the self-directed plan and to develop reli-
    46  able  estimates  of the energy savings, renewable power generated and/or
    47  the deployment of distributed energy resources that are  being  achieved
    48  from self-directed plans.
    49    (k) Participants will have the opportunity to self-direct all of their
    50  own  contributions  otherwise recovered through surcharges to qualifying
    51  projects, provided, however, that a portion of the contributions,  equal
    52  to  no  more  than one percent, is allocated to support program adminis-
    53  tration and evaluation, measurement and verification.
    54    (l) A mechanism  to  provide  that  measures  taken  by  self-directed
    55  customers,  to  meet  the  goals of the self-directed program, should be
    56  accredited to the appropriate program goals of the utility  and/or  load
        A. 2282                             3
     1  serving  entity of the self-directed customer. Nothing contained in this
     2  section shall be  construed  as  transferring  the  obligations  of  one
     3  customer class to another customer class.
     4    (m)  A requirement that self-direct customers match seven and one-half
     5  percent of self-directed energy optimization plan total  costs  provided
     6  such  matching  contribution may be in the form of a financial and/or in
     7  kind contribution.
     8    3. The commission shall provide an annual  report  on  or  before  the
     9  first  day  of  January  to the governor, the temporary president of the
    10  senate, the speaker of the assembly, the minority leader of  the  senate
    11  and  the  minority  leader  of  the  assembly,  on the clean energy tech
    12  production program.
    13    § 2. This act shall take effect immediately.