Bill Text: NY A11280 | 2017-2018 | General Assembly | Introduced

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Bill Title: Establishes a clean and resilient energy program to encourage the development of qualified clean and resilient systems by public or private entities that provide vital public services during an outage of the electric grid.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-07-25 - referred to corporations, authorities and commissions [A11280 Detail]

Download: New_York-2017-A11280-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          11280
                   IN ASSEMBLY
                                      July 25, 2018
                                       ___________
        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Cusick) --
          read once and referred to the Committee on  Corporations,  Authorities
          and Commissions
        AN  ACT  to amend the public service law and the public authorities law,
          in relation to establishing a clean and resilient energy 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. Clean and  resilient  energy  program.  1.  As  used  in  this
     4  section:
     5    (a) "Qualified clean and resilient system" means an electricity gener-
     6  ating system of less than five megawatts located on the customer side of
     7  an electric distribution company customer meter that:
     8    (i)  has local air pollutant emissions of no more than 0.07 pounds per
     9  megawatt-hour (MWh) of nitrogen oxides, 0.10 pounds per  MWh  of  carbon
    10  monoxide,  0.02  pounds  per  MWh of volatile organic compounds, and one
    11  grain per one hundred standard cubic feet, and  a  lower  heating  value
    12  efficiency of no less than fifty-five percent; and
    13    (ii) is verified by a professional engineer to be capable of providing
    14  an  uninterrupted  supply of electricity to a qualified clean and resil-
    15  ient customer during an outage of the electric distribution system  that
    16  exceeds seventy-two hours; and
    17    (iii)  is installed at the facility of a qualified clean and resilient
    18  customer.
    19    (b) "Qualified clean and resilient customer" means a public or private
    20  entity that provides vital public services during an outage of the elec-
    21  tric grid.  Qualified clean and resilient customers shall include: tele-
    22  communications providers, large retail stores, supermarkets,  government
    23  agencies,  data centers, transportation systems, financial institutions,
    24  gas stations, educational institutions, health care providers, community
    25  centers, and other customers deemed  by  the  commission  to  provide  a
    26  service  that  would  promote  or  enhance  the health and safety of the
    27  public during an outage of the electric grid.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16300-01-8
        A. 11280                            2
     1    (c) "Uninterrupted" means that the output of the system  is  delivered
     2  to  the  end-use  customer  throughout  an  electric distribution system
     3  outage, with the exception of momentary  interruptions  associated  with
     4  transitions to and from grid parallel and grid islanded operations.
     5    2.  Within  forty-five days of the effective date of this section, the
     6  commission shall commence the  consideration  of  modifications  to  its
     7  existing  programs that encourage the development of qualified clean and
     8  resilient systems. The department shall consult with the New York  state
     9  energy  research  and  development  authority  in the preparation of its
    10  recommendations to the commission for such  determination.  The  program
    11  modifications shall require:
    12    (a)  administration by the New York state energy research and develop-
    13  ment authority;
    14    (b) planned annual expenditures that amount to no  less  than  twenty-
    15  five  million  dollars commencing in calendar year two thousand nineteen
    16  and sustained each year through calendar year two thousand twenty-nine;
    17    (c) incentive structures that maximize cost-effectiveness and  practi-
    18  cality  through competitive procurements, standing-offers, or production
    19  incentives;
    20    (d) annual reports  on  the  achievements  and  effectiveness  of  the
    21  program; and
    22    (e)  any  other  requirements  deemed appropriate by the commission to
    23  effectuate the purposes of this section.
    24    § 2. Sections 1020-jj, 1020-kk and 1020-ll of the  public  authorities
    25  law,  as  renumbered  by chapter 415 of the laws of 2017, are renumbered
    26  sections 1020-xx, 1020-yy and 1020-zz and a new section 1020-jj is added
    27  to read as follows:
    28    § 1020-jj. Clean and resilient energy initiative. 1. As used  in  this
    29  section:
    30    (a) "Qualified clean and resilient system" means an electricity gener-
    31  ating system of less than five megawatts located on the customer side of
    32  the authority's customer meter that:
    33    (i)  has local air pollutant emissions of no more than 0.07 pounds per
    34  megawatt-hour (MWh) of nitrogen oxides, 0.10 pounds per  MWh  of  carbon
    35  monoxide,  0.02  pounds  per  MWh of volatile organic compounds, and one
    36  grain per one hundred standard cubic feet, and  a  lower  heating  value
    37  efficiency of no less than fifty-five percent; and
    38    (ii) is verified by a professional engineer to be capable of providing
    39  an  uninterrupted  supply of electricity to a qualified clean and resil-
    40  ient customer during an outage of the electric distribution system  that
    41  exceeds seventy-two hours; and
    42    (iii)  is installed at the facility of a qualified clean and resilient
    43  customer.
    44    (b) "Qualified clean and resilient customer" means a public or private
    45  entity that provides vital public services during an outage of the elec-
    46  tric grid.  Qualified clean and resilient customers shall include: tele-
    47  communications providers, large retail stores, supermarkets,  government
    48  agencies,  data centers, transportation systems, financial institutions,
    49  gas stations, educational institutions, health care providers, community
    50  centers, and other customers deemed by the public service commission  to
    51  provide a service that would promote or enhance the health and safety of
    52  the public during an outage of the electric grid.
    53    (c)  "Uninterrupted"  means that the output of the system is delivered
    54  to the end-use  customer  throughout  an  electric  distribution  system
    55  outage,  with  the  exception of momentary interruptions associated with
    56  transitions to and from grid parallel and grid islanded operations.
        A. 11280                            3
     1    2. Within forty-five days of the effective date of this  section,  the
     2  authority  shall  commence  the  consideration  of  modifications to its
     3  existing programs that encourage the development of qualified clean  and
     4  resilient  systems.  The authority shall consult with the New York state
     5  public  service  commission  and  the New York state energy research and
     6  development authority in the design and implementation of such  program.
     7  The initiative shall require:
     8    (a)  planned  annual  expenditures that amount to no less than fifteen
     9  million dollars commencing in calendar year two  thousand  nineteen  and
    10  sustained each year through calendar year two thousand twenty-nine;
    11    (b)  incentive structures that maximize cost-effectiveness and practi-
    12  cality through competitive procurements, standing-offers, or  production
    13  incentives;
    14    (c)  annual  reports  on  the  achievements  and  effectiveness of the
    15  program; and
    16    (d) any other requirements deemed  appropriate  by  the  authority  to
    17  effectuate the purposes of this section.
    18    § 3. This act shall take effect immediately.