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.