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.