Bill Text: NY A02282 | 2019-2020 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Amended.html
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-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 2282--A 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 -- Multi-Sponsored by -- M. of A. BUCHWALD, HUNTER, M. G. MILLER, WRIGHT -- read once and referred to the Committee on Energy -- commit- tee discharged, bill amended, ordered reprinted as amended and recom- mitted 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 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 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01207-05-9A. 2282--A 2 1 energy efficiency portfolio standard and energy efficiency transition 2 implementation plans as dedicated funds for energy efficiency, greater 3 use of advanced energy management products, deeper penetration of renew- 4 able energy resources such as wind, solar, geothermal, and anaerobic 5 digestion, wider deployment of "distributed" energy resources, such as 6 micro grids, roof-top solar, fuel cells and other on-site power 7 supplies, and storage through an energy savings account. 8 (b) The self-directed program shall be available to all individual 9 customers with a thirty-six month average demand of two megawatts or 10 greater as well as customers with an aggregated thirty-six month average 11 demand of four megawatts or greater as long as one or more of the 12 accounts being aggregated by the customer has at least a thirty-six 13 month average demand of one megawatt. 14 (c) A mechanism to recoup paid funds from self-directed customers if 15 it is determined that funds contained in the energy savings account were 16 utilized erroneously or if planned energy efficiency savings did not 17 actually occur. 18 (d) A requirement that after seven years any unused surcharges 19 contained in the energy saving account shall be made available for 20 original purposes of the surcharge. 21 (e) A requirement to collect and establish self-directed customers' 22 baseline energy use data. 23 (f) A method to measure and verify all claimed energy objectives, 24 using the same standards for data collection as other existing and 25 future clean energy surcharges. 26 (g) Offering self-directed customers multi-year time frames greater 27 than thirty-five months in which to expend aggregated energy efficiency 28 fees. 29 (h) A means to calculate energy optimization established by the 30 commission and based on annual electricity usage, provided that: 31 (1) annual electricity usage shall be normalized so that neither of 32 the following are included in the calculation of the percentage of 33 incremental energy savings: (i) changes in electricity usage because of 34 changes in business activity levels not attributable to energy optimiza- 35 tion; (ii) changes in electricity usage because of the installation, 36 operation, or testing of pollution control equipment. 37 (2) savings may also be calculated on the average number of megawatt 38 hours of electricity sold by the electric provider annually during the 39 previous three years to retail customers in this state. 40 (i) The self-directed customer must develop a self-directed optimiza- 41 tion plan. Such plan shall outline how the customer intends to achieve 42 the goals of the self-directed program. 43 (j) A customer implementing a self-directed energy optimization plan 44 shall provide a brief report biannually documenting the measures taken 45 to meet the goals of the self-directed program. The report shall provide 46 sufficient information for the utilities and the commission to monitor 47 progress toward the goals in the self-directed plan and to develop reli- 48 able estimates of the energy savings, renewable power generated and/or 49 the deployment of distributed energy resources that are being achieved 50 from self-directed plans. 51 (k) Participants will have the opportunity to self-direct a majority 52 of their own contributions to qualifying projects, provided, however, 53 that a portion of the contributions, equal to no more than one percent, 54 is allocated to support program administration and evaluation, measure- 55 ment and verification.A. 2282--A 3 1 3. The commission shall provide an annual report on or before the 2 first day of January to the governor, the temporary president of the 3 senate, the speaker of the assembly, the minority leader of the senate 4 and the minority leader of the assembly, on the clean energy tech 5 production program. 6 § 2. This act shall take effect immediately.