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


                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.
                                                                   LBD01207-05-9

        A. 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.
feedback