Bill Text: NY S06129 | 2013-2014 | General Assembly | Introduced


Bill Title: Creates the New York state consortium on the development of a hydrogen economy.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S06129 Detail]

Download: New_York-2013-S06129-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6129
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 8, 2014
                                      ___________
       Introduced  by  Sen. O'BRIEN -- read twice and ordered printed, and when
         printed to be committed to the Committee on  Energy  and  Telecommuni-
         cations
       AN  ACT to amend the public authorities law, in relation to creating the
         New York state consortium on the development of a hydrogen economy
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Legislative intent. The legislature finds and declares that
    2  reducing  greenhouse  gas  emissions (GHG) to 80% below the State's 1990
    3  levels by 2050 is an ambitious goal for New York  state  to  pursue.  To
    4  achieve  that  goal  it is important that the State invest in new energy
    5  systems that rely on renewable sources of electricity and to develop the
    6  necessary infrastructure to support very  low  or  zero  GHG  emissions,
    7  especially related to carbon dioxide reductions.
    8    The  legislature  further  finds  that  while  New York is a leader in
    9  pursuing energy conservation and efficiency, further policy efforts must
   10  be aimed at replacing our reliance on the combustion  of  fossil  fuels,
   11  especially  related  to  transportation  and  electric power generation.
   12  Policies must shift to encourage the further development and commercial-
   13  ization of a broad range of activities and initiatives that will  ensure
   14  development of GHG zero or low emissions for fleets and mass transporta-
   15  tion,  as  well as personal vehicles. The commercialization of hydrogen-
   16  based technology and fuel cells would allow New York state to lead envi-
   17  ronmentally by reducing carbon emissions and compete  globally  for  the
   18  commercialization of these technologies. Hydrogen can be produced from a
   19  variety of domestically available primary resources such as fossil fuels
   20  (natural  gas,  coal, etc.), renewables (wind, photovoltaics, bio-fuels,
   21  etc.), and nuclear power.  Developing  hydrogen-based  technologies  and
   22  fuel  cells will require solutions to many barriers including the devel-
   23  opment of the necessary  refueling  infrastructure  to  support  further
   24  commercialization and market penetration.
   25    The  legislature therefore declares that it is in the best interest of
   26  the State to build on the New York State Hydrogen  Roadmap  prepared  in
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13148-01-3
       S. 6129                             2
    1  2005  by  Energetics  Incorporated,  Albany  NanoTech,  and the National
    2  Hydrogen Association in the course of performing work contracted for and
    3  sponsored by the New York state energy research and development authori-
    4  ty,  the  New  York power authority, and the Long Island power authority
    5  and therefore, statutorily direct the New York State energy research and
    6  development authority to create and direct a New York  state  consortium
    7  on  the  development  of  a hydrogen economy. The primary purpose of the
    8  consortium will be to: identify the technical and non-technical barriers
    9  to the broad scale commercialization of hydrogen-based technologies  and
   10  fuel cells with major automotive Original Equipment Manufacturers (OEM);
   11  facilitate strategies to promote, retain and expand hydrogen-based tech-
   12  nologies  and  fuel cell industries in New York state; to facilitate the
   13  installation of infrastructure for hydrogen production, storage,  trans-
   14  portation,  fueling  capability  and  refueling  stations, including the
   15  development of  appropriate  safety  codes,  standards,  regulation  and
   16  educational  materials  regarding  hydrogen-based  technologies and fuel
   17  cells; and to identify areas within the state transportation system that
   18  would benefit from the integration of potential mass transit  and  fleet
   19  transit locations with hydrogen-based technology and fuel cell refueling
   20  stations.
   21    S  2.  The  public  authorities law is amended by adding a new section
   22  1884 to read as follows:
   23    S 1884. NEW YORK STATE CONSORTIUM ON THE  DEVELOPMENT  OF  A  HYDROGEN
   24  ECONOMY.  1.  DEFINITIONS.  AS USED IN THIS SECTION, THE FOLLOWING TERMS
   25  SHALL HAVE THE FOLLOWING MEANINGS UNLESS OTHERWISE SPECIFIED:
   26    A. "AUTHORITY" SHALL MEAN THE  NEW  YORK  STATE  ENERGY  RESEARCH  AND
   27  DEVELOPMENT AUTHORITY CREATED PURSUANT TO TITLE NINE OF ARTICLE EIGHT OF
   28  THIS CHAPTER.
   29    B. "CONSORTIUM" SHALL MEAN THE NEW YORK STATE CONSORTIUM ON THE DEVEL-
   30  OPMENT OF A HYDROGEN ECONOMY.
   31    2.  CREATION;  MEMBERS.  THERE  IS  HEREBY  CREATED THE NEW YORK STATE
   32  CONSORTIUM ON THE DEVELOPMENT OF A HYDROGEN ECONOMY TO  BE  CONVENED  BY
   33  THE  AUTHORITY.  THE  CONSORTIUM MAY CONSIST OF REPRESENTATIVES FROM THE
   34  DEPARTMENT OF ECONOMIC DEVELOPMENT; THE  DEPARTMENT  OF  TRANSPORTATION;
   35  THE  NEW YORK STATE THRUWAY AUTHORITY; THE NEW YORK POWER AUTHORITY; AND
   36  THE LONG ISLAND POWER AUTHORITY. IT SHALL ALSO BE COMPRISED  OF  MEMBERS
   37  OF  THE  PUBLIC, INDIVIDUALS WITH KNOWLEDGE AND LEADERSHIP IN ONE OF THE
   38  FOLLOWING FIELDS: RENEWABLE ENERGY,  HYDROGEN-BASED  TECHNOLOGIES,  FUEL
   39  CELL  DEVELOPMENT, SCIENTIFIC OR TECHNOLOGICAL PRODUCT AND MARKET DEVEL-
   40  OPMENT, SAFETY PRACTICES, OR INTERNATIONAL, NATIONAL AND STATE TECHNICAL
   41  CODES AND STANDARDS DEVELOPMENT. THE CHAIRPERSON OF THE CONSORTIUM SHALL
   42  BE THE PRESIDENT OF THE AUTHORITY.
   43    3. POWERS AND DUTIES. A. THE  CONSORTIUM  IS  DIRECTED  TO  DEVELOP  A
   44  REPORT  WHICH  SHALL  INCLUDE  AN  IMPLEMENTATION  STRATEGY AND SPECIFIC
   45  RECOMMENDATIONS TO PRESENT TO THE  GOVERNOR  AND  THE  LEGISLATURE  THAT
   46  ADVANCES  HYDROGEN-BASED TECHNOLOGY, INFRASTRUCTURE DEPLOYMENT, AND FUEL
   47  CELL DEVELOPMENT AND PRODUCTION IN NEW YORK STATE.
   48    B. THE MEMBERS OF THE CONSORTIUM SHALL  RECEIVE  NO  COMPENSATION  FOR
   49  THEIR SERVICES. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF ANY GENER-
   50  AL,  SPECIAL OR LOCAL LAW, ORDINANCE, RESOLUTION OR CHARTER, NO OFFICER,
   51  MEMBER OR EMPLOYEE OF THE STATE  OR  OF  ANY  PUBLIC  CORPORATION  SHALL
   52  FORFEIT  HIS OR HER OFFICE OR EMPLOYMENT BY REASON OF HIS OR HER ACCEPT-
   53  ANCE OF APPOINTMENT AS A MEMBER OF THE CONSORTIUM, NOR SHALL SERVICE  ON
   54  SUCH  CONSORTIUM  BE DEEMED INCOMPATIBLE OR IN CONFLICT WITH SUCH OFFICE
   55  OR EMPLOYMENT.
       S. 6129                             3
    1    4. REPORT; RECOMMENDATIONS. THE CONSORTIUM IS DIRECTED  TO  DEVELOP  A
    2  REPORT  WHICH  SHALL  INCLUDE  AN  IMPLEMENTATION  STRATEGY AND SPECIFIC
    3  RECOMMENDATIONS TO PRESENT TO THE  GOVERNOR  AND  THE  LEGISLATURE  THAT
    4  ADVANCES   HYDROGEN-BASED  TECHNOLOGY  AND  FUEL  CELL  DEVELOPMENT  AND
    5  PRODUCTION  IN  NEW  YORK  STATE.  THE  REPORT SHALL INCLUDE, BUT NOT BE
    6  LIMITED TO, STRATEGY AND RECOMMENDATIONS TO:
    7    A. IDENTIFY THE TECHNICAL AND  NON-TECHNICAL  BARRIERS  TO  THE  BROAD
    8  SCALE COMMERCIALIZATION OF HYDROGEN-BASED TECHNOLOGIES AND FUEL CELLS;
    9    B.  PROMOTE  LONG-TERM PARTNERSHIPS WITH AUTOMOTIVE ORIGINAL EQUIPMENT
   10  MANUFACTURERS AS WELL AS WITH FEDERAL AND STATE RESEARCH ENTITIES, SMALL
   11  BUSINESS, AND INDUSTRY THAT ACTIVELY SUPPORTS THOSE  INDUSTRIES  ASSOCI-
   12  ATED  WITH THE AUTOMOTIVE INDUSTRY AND THEIR SUPPLIERS BY: ENSURING THAT
   13  COMMERCIALLY AVAILABLE HYDROGEN AND FUEL CELL VEHICLES  ARE  OFFERED  ON
   14  THE  RETAIL  MARKET AT A COMPETITIVE PRICE TO BATTERY, ELECTRIC OR OTHER
   15  LOW OR ZERO EMISSION VEHICLES; PROVIDING CONVENIENT ACCESS  TO  HYDROGEN
   16  FUELING STATIONS FOR AT LEAST SIXTY PERCENT OF NEW YORKERS; AND, PROVID-
   17  ING  A  COMMITMENT TO THE DEVELOPMENT OF RENEWABLE SOURCES OF ENERGY FOR
   18  HYDROGEN PRODUCTION;
   19    C. FACILITATE STRATEGIES TO PROMOTE, RETAIN AND EXPAND  HYDROGEN-BASED
   20  TECHNOLOGIES  AND  FUEL CELL INDUSTRIES IN NEW YORK STATE, INCLUDING THE
   21  DEVELOPMENT OF NEAR-TERM NICHE-MARKET  APPLICATIONS  FOR  HYDROGEN  FUEL
   22  CELLS  DESIGNED  FOR  PRODUCTS  SUCH  AS  FORKLIFTS AND OTHER MACHINERY,
   23  BACK-UP POWER FOR TELECOMMUNICATIONS AND EMERGENCY RESPONSE,  AND  MILI-
   24  TARY OPERATIONS;
   25    D.  FACILITATE  A  MANUFACTURING  RESEARCH AND DEVELOPMENT EFFORT THAT
   26  DEMONSTRATES PROCESSES AND TECHNOLOGIES THAT WILL REDUCE THE COSTS ASSO-
   27  CIATED WITH HYDROGEN PRODUCTION, DELIVERY, STORAGE AND FUEL CELL  DEVEL-
   28  OPMENT  AND  PRODUCTION THAT WILL FURTHER PROMOTE MARKET DEVELOPMENT AND
   29  PENETRATION WHILE ENSURING QUALITY AND RELIABILITY;
   30    E.  FACILITATE  THE  INSTALLATION  OF  INFRASTRUCTURE   FOR   HYDROGEN
   31  PRODUCTION,  STORAGE,  TRANSPORTATION, FUELING CAPABILITY, AND REFUELING
   32  STATIONS INCLUDING THE DEVELOPMENT OF APPROPRIATE SAFETY, CODES,  STAND-
   33  ARDS,  REGULATION  AND  EDUCATIONAL  MATERIALS  REGARDING HYDROGEN-BASED
   34  TECHNOLOGIES AND FUEL CELLS;
   35    F. FACILITATE THE DEVELOPMENT AND PURCHASE OF HYDROGEN AND  FUEL  CELL
   36  VEHICLES  FOR USE BY STATE FLEETS, PUBLIC OR PRIVATE SECTOR FLEETS, MASS
   37  TRANSIT FLEETS, AND SCHOOL BUS FLEETS;
   38    G. CONSULT WITH THE DEPARTMENT OF  TRANSPORTATION  AND  THE  NEW  YORK
   39  STATE  THRUWAY AUTHORITY, TO IDENTIFY AREAS WITHIN THE STATE TRANSPORTA-
   40  TION SYSTEM THAT WOULD BENEFIT FROM THE INTEGRATION  OF  POTENTIAL  MASS
   41  TRANSIT  AND  FLEET TRANSIT LOCATIONS WITH HYDROGEN-BASED TECHNOLOGY AND
   42  FUEL CELL REFUELING STATIONS, INCLUDING CONSIDERATIONS FOR  THE  TECHNO-
   43  LOGICAL,  FACILITY AND FINANCIAL ARRANGEMENTS NEEDED FOR THE PURCHASE OR
   44  CONVERSION OF STATE FLEETS AS WELL AS IDENTIFYING SPECIFIC LOCATIONS FOR
   45  HYDROGEN REFUELING STATIONS ALONG THE NEW YORK STATE THRUWAY, AS WELL AS
   46  OTHER STATE ROADS AND HIGHWAYS, AT LOCATIONS THAT COULD  POTENTIALLY  BE
   47  UTILIZED  BY STATE FLEETS OR OTHER PUBLIC OR PRIVATE SECTOR FLEETS, SUCH
   48  AS MASS TRANSIT BUS AND SCHOOL BUS FLEETS;
   49    H. CONSULT WITH THE PUBLIC SERVICE COMMISSION, THE NEW YORK  INDEPEND-
   50  ENT  SYSTEM  OPERATOR, AND ELECTRIC AND NATURAL GAS SERVICE PROVIDERS TO
   51  IDENTIFY AREAS IN THE ELECTRIC AND NATURAL GAS  DISTRIBUTION  SYSTEM  OF
   52  THE  STATE  THAT  WOULD BE EFFECTED BY THE DEVELOPMENT OF HYDROGEN-BASED
   53  TECHNOLOGY OR FUEL CELL TECHNOLOGY;
   54    I. IDENTIFY POTENTIAL SOURCES OF FEDERAL FUNDS AND  COORDINATE  STATE,
   55  UNIVERSITY, PUBLIC AND PRIVATE SECTOR EFFORTS TO SECURE SUCH FUNDS; AND
       S. 6129                             4
    1    J.  IDENTIFY POTENTIAL AMENDMENTS TO STATE LAWS, REGULATIONS, OR POLI-
    2  CIES INCLUDING THE USE OF REGIONAL  GREENHOUSE  GAS  INITIATIVE  (RGGI),
    3  CONSENT  ORDERS  ISSUED  BY THE PUBLIC SERVICE COMMISSION RELATED TO THE
    4  RENEWABLE PORTFOLIO STANDARD, THE SYSTEMS BENEFITS CHARGES,  AND  ENERGY
    5  EFFICIENCY  PORTFOLIO  STANDARDS,  AND  OTHER  STATE POLICIES TO PROMOTE
    6  HYDROGEN-BASED TECHNOLOGY AND FUEL CELLS.
    7    5. ANNUAL REPORTING.  THE CONSORTIUM SHALL SUBMIT THEIR REPORT TO  THE
    8  GOVERNOR,  THE  TEMPORARY  PRESIDENT  OF  THE SENATE, THE SPEAKER OF THE
    9  ASSEMBLY, THE MINORITY LEADER OF THE SENATE AND THE MINORITY  LEADER  OF
   10  THE  ASSEMBLY  ON  OR BEFORE SEPTEMBER FIRST, TWO THOUSAND FOURTEEN, AND
   11  ANNUALLY THEREAFTER.
   12    6. ASSISTANCE. TO EFFECTUATE THE PURPOSES OF  THIS  SECTION,  THE  NEW
   13  YORK  STATE  ENERGY  RESEARCH  AND  DEVELOPMENT AUTHORITY IS DIRECTED TO
   14  ASSIST THE CONSORTIUM IN THE DEVELOPMENT OF THE IMPLEMENTATION PLAN  AND
   15  SPECIFIC  RECOMMENDATIONS  THAT  ADVANCE HYDROGEN-BASED TECHNOLOGY, FUEL
   16  CELL DEVELOPMENT AND PRODUCTION AND THE NECESSARY INFRASTRUCTURE IN  NEW
   17  YORK  STATE  IN ACCORDANCE WITH THIS SECTION. THE CONSORTIUM MAY REQUEST
   18  FROM ANY DEPARTMENT, DIVISION, BOARD, BUREAU, COMMISSION  OR  AGENCY  OF
   19  THE  STATE  TO PROVIDE TO THE CONSORTIUM SUCH FACILITIES, ASSISTANCE AND
   20  DATA AS WILL ENABLE THE CONSORTIUM TO PROPERLY CARRY OUT ITS POWERS  AND
   21  DUTIES.
   22    S 3. Section 1854 of the public authorities law is amended by adding a
   23  new subdivision 22 to read as follows:
   24    22.  TO  PROVIDE  ASSISTANCE  TO  THE NEW YORK STATE CONSORTIUM ON THE
   25  DEVELOPMENT OF A HYDROGEN ECONOMY AS  ESTABLISHED  IN  SECTION  EIGHTEEN
   26  HUNDRED  EIGHTY-FOUR  OF  THIS  ARTICLE IN THE DEVELOPMENT OF THE REPORT
   27  WHICH SHALL INCLUDE AN IMPLEMENTATION STRATEGY AND SPECIFIC  RECOMMENDA-
   28  TIONS TO ADVANCE HYDROGEN-BASED TECHNOLOGY, FUEL CELLS AND THE NECESSARY
   29  INFRASTRUCTURE  IN  NEW  YORK  STATE.  THE  AUTHORITY  IS AUTHORIZED AND
   30  DIRECTED TO USE  ANY  MONIES  CURRENTLY  AVAILABLE  TO  EFFECTUATE  SUCH
   31  REPORT.
   32    S 4. This act shall take effect immediately.
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