Bill Text: NY S06587 | 2019-2020 | General Assembly | Amended
Bill Title: Establishes a clean and resilient energy program to encourage the development of clean and resilient behind the meter distributed energy resource projects.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-06-05 - PRINT NUMBER 6587A [S06587 Detail]
Download: New_York-2019-S06587-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6587--A 2019-2020 Regular Sessions IN SENATE June 17, 2019 ___________ Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- recommitted to the Committee on Energy and Telecommunications in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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-q to read as follows: 3 § 66-q. Clean and resilient energy program. 1. As used in this 4 section: 5 (a) "Clean and resilient behind the meter distributed energy resource 6 project" means an electricity generating system located behind a custom- 7 er meter in the state that is configured to provide uninterrupted elec- 8 tric service to a customer throughout an extended outage of the elec- 9 tricity distribution system, and which: 10 (i) (1) generates electricity without producing greenhouse gases or 11 local combustion related pollutants; or 12 (2) generates electricity or electricity and thermal energy via a 13 non-combustion process at an annual average efficiency of no less than 14 fifty-five percent measured on a lower heating value basis; or 15 (3) generates electricity and thermal energy at an annual average 16 efficiency of no less than seventy percent measured on a lower heating 17 value basis and reduces the local combustion related air pollutant 18 oxides of nitrogen by at least fifty percent in comparison to the most 19 recent annual average marginal emission factors, accounting for line 20 losses, for the New York independent system operator zone in which the 21 project is located at the time of interconnection; and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11992-03-0S. 6587--A 2 1 (ii) is located at a community continuity asset or within the bounda- 2 ries of an existing or planned microgrid. 3 (b) "Community continuity asset" means a public or private entity that 4 provides critical services to the public during an outage of the elec- 5 tric distribution system. Community continuity assets shall include, but 6 are not limited to: telecommunications providers, large retail stores, 7 supermarkets, government agencies, data centers, transportation systems, 8 financial institutions, gas stations, educational institutions, health 9 care providers, large multi-family residential housing, community 10 centers, and other customers deemed by the commission to provide a crit- 11 ical service to the public that would promote or enhance health and 12 safety during an outage of the electric distribution system. 13 (c) "Extended outage" means an outage of the electric distribution 14 system that continues for a period of twenty-four hours or longer. 15 (d) "Uninterrupted" means that the output of the system is delivered 16 to the end-use customer throughout an extended electric distribution 17 system outage, with the exception of momentary interruptions associated 18 with transitions to and from grid parallel and grid islanded operations. 19 (e) "Microgrid" means a load or group of interconnected loads and 20 distributed energy resources within clearly defined electrical bounda- 21 ries that acts as a single controllable entity with respect to the grid. 22 A microgrid can connect and disconnect from the grid to enable it to 23 operate in both grid-connected or island-mode. 24 2. Within one hundred eighty days of the effective date of this 25 section, the commission shall modify the clean energy fund investment 26 plan to allocate no less than five percent of annual clean energy fund 27 expenditures to encourage the development of clean and resilient behind 28 the meter distributed energy resource projects. The program modifica- 29 tions shall require: 30 (a) administration by the New York state energy research and develop- 31 ment authority; 32 (b) planned annual expenditures that amount to no less than five 33 percent of overall annual clean energy fund expenditures commencing in 34 calendar year two thousand twenty-one and sustained each year through 35 calendar year two thousand twenty-five; 36 (c) incentive structures that maximize cost-effectiveness and practi- 37 cality through competitive procurements, standing-offers, or production 38 incentives; 39 (d) annual reports on the achievements and effectiveness of the 40 program; and 41 (e) any other requirements deemed appropriate by the commission to 42 effectuate the purposes of this section. 43 § 2. Section 1020-ll of the public authorities law, as renumbered by 44 chapter 520 of the laws of 2018, is renumbered section 1020-zz. 45 § 3. Sections 1020-jj, 1020-kk and 1020-ll of the public authorities 46 law, sections 1020-jj and 1020-kk as renumbered by chapter 520 of the 47 laws of 2018 and section 1020-ll as renumbered by chapter 415 of the 48 laws of 2017, are renumbered sections 1020-ww, 1020-xx, and 1020-yy and 49 a new section 1020-jj is added to read as follows: 50 § 1020-jj. Clean and resilient energy initiative. 1. As used in this 51 section: 52 (a) "Clean and resilient behind the meter distributed energy resource 53 project" means an electricity generating system located behind a custom- 54 er meter that is configured to provide uninterrupted electric service to 55 a customer throughout an extended outage of the electric distribution 56 system, and which:S. 6587--A 3 1 (i) (1) generates electricity without producing greenhouse gases or 2 local combustion related pollutants; or 3 (2) generates electricity or electricity and thermal energy via a 4 non-combustion process at an annual average efficiency of no less than 5 fifty-five percent measured on a lower heating value basis; or 6 (3) generates electricity and thermal energy at an annual average 7 efficiency of no less than seventy percent measured on a lower heating 8 value basis and reduces the local combustion related air pollutant 9 oxides of nitrogen by at least fifty percent in comparison to the most 10 recent annual average marginal emission factors, accounting for line 11 losses, for the New York independent system operator zone in which the 12 project is located at the time of interconnection; and 13 (ii) is located at a community continuity asset or within the bounda- 14 ries of an existing or planned microgrid. 15 (b) "Community continuity asset" means a public or private entity that 16 provides critical services to the public during an outage of the elec- 17 tric distribution system. Community continuity assets shall include, 18 but are not limited to: telecommunications providers, large retail 19 stores, supermarkets, government agencies, data centers, transportation 20 systems, financial institutions, gas stations, educational institutions, 21 health care providers, large multi-family residential housing, community 22 centers, and other customers deemed by the authority to provide a crit- 23 ical service to the public that would promote or enhance health and 24 safety during an outage of the electric distribution system. 25 (c) "Extended outage" means an outage of the electric distribution 26 system that continues for a period of twenty-four hours or longer. 27 (d) "Uninterrupted" means that the output of the system is delivered 28 to the end-use customer throughout an electric distribution system 29 outage, with the exception of momentary interruptions associated with 30 transitions to and from grid parallel and grid islanded operations. 31 (e) "Microgrid" means a load or group of interconnected loads and 32 distributed energy resources within clearly defined electrical bounda- 33 ries that acts as a single controllable entity with respect to the grid. 34 A microgrid can connect and disconnect from the grid to enable it to 35 operate in both grid-connected or island-mode. 36 2. Within one hundred eighty days of the effective date of this 37 section, the authority shall modify its existing programs that encourage 38 the development of clean and resilient behind the meter distributed 39 energy resource projects. The authority shall consult with the New York 40 state public service commission and the New York state energy research 41 and development authority in the design and implementation of such 42 program. The projects shall require: 43 (a) planned annual expenditures that amount to no less than fifteen 44 million dollars commencing in calendar year two thousand twenty-one and 45 sustained each year through calendar year two thousand twenty-five; 46 (b) incentive structures that maximize cost-effectiveness and practi- 47 cality through competitive procurements, standing-offers, or production 48 incentives; 49 (c) annual reports on the achievements and effectiveness of the 50 program; and 51 (d) any other requirements deemed appropriate by the authority to 52 effectuate the purposes of this section. 53 § 4. This act shall take effect immediately.