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.