Bill Text: NY A01705 | 2017-2018 | General Assembly | Amended
Bill Title: Establishes the New York state clean energy tech production program as a self-directed program for industrial, commercial and large users in order to stimulate the growth and adoption of more efficient use of energy, greater use of advanced energy management products, deeper penetration of renewable energy resources, wider deployment of "distributed" energy resources, and storage.
Spectrum: Partisan Bill (Democrat 24-1)
Status: (Introduced - Dead) 2018-01-29 - print number 1705b [A01705 Detail]
Download: New_York-2017-A01705-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1705--B 2017-2018 Regular Sessions IN ASSEMBLY January 12, 2017 ___________ Introduced by M. of A. WOERNER, HUNTER, JONES, McDONALD, GALEF, FAHY, THIELE, PICHARDO, WILLIAMS, ENGLEBRIGHT, ZEBROWSKI, SKOUFIS, SANTABAR- BARA, M. G. MILLER, WALKER, MORELLE, COOK, D'URSO, ORTIZ, SIMON, RAIA, BARRON, GUNTHER -- Multi-Sponsored by -- M. of A. BUCHWALD, WRIGHT -- read once and referred to the Committee on Energy -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Energy in accord- ance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee 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. The 4 commission shall, within forty-five days of the effective date of this 5 section, commence a proceeding to establish a self-directed program for 6 its industrial, commercial and large energy 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 biomass or 10 biogas and anaerobic digestion, wider deployment of "distributed" energy 11 resources, such as micro grids, roof-top solar, fuel cells and other 12 on-site power supplies, and energy 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: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03370-05-8A. 1705--B 2 1 (a) A program structure that allows industrial, commercial and large 2 users to treat their existing and future clean energy surcharges; 3 including, but not limited to, surcharges to support the clean energy 4 fund, the system benefits charge, the renewable portfolio standard, the 5 energy efficiency portfolio standard and energy efficiency transition 6 implementation plans as dedicated funds for energy efficiency, greater 7 use of advanced energy management products, deeper penetration of renew- 8 able energy resources such as wind, solar, geothermal, and anaerobic 9 digestion, wider deployment of "distributed" energy resources, such as 10 micro grids, roof-top solar, fuel cells and other on-site power 11 supplies, and energy storage through an energy savings account. 12 (b) The self-directed program shall be available to all individual 13 customers with a thirty-six month average demand of two megawatts or 14 greater as well as customers with an aggregated thirty-six month average 15 demand of four megawatts or greater as long as one or more of the 16 accounts being aggregated by the customer has at least a thirty-six 17 month average demand of one megawatt. 18 (c) A mechanism to recoup paid funds from self-directed customers if 19 it is determined that funds contained in the energy savings account were 20 utilized erroneously or if planned energy efficiency or other projects 21 permitted herein did not actually occur. 22 (d) A requirement that after seven years any unused surcharges 23 contained in the energy saving account shall be made available for 24 original purposes of the surcharge. 25 (e) A requirement to collect and establish self-directed customers' 26 baseline energy use data. 27 (f) A method to measure and verify all claimed energy objectives, 28 using the same standards for data collection as other existing and 29 future clean energy surcharges. 30 (g) Offering self-directed customers multi-year time frames greater 31 than thirty-five months in which to expend aggregated energy efficiency 32 fees. 33 (h) A means to calculate energy optimization established by the 34 commission and based on annual electricity usage, provided that: 35 (1) annual electricity usage shall be normalized so that neither of 36 the following are included in the calculation of the percentage of 37 incremental energy savings: (i) changes in electricity usage because of 38 changes in business activity levels not attributable to energy optimiza- 39 tion; (ii) changes in electricity usage because of the installation, 40 operation, or testing of pollution control equipment. 41 (2) savings may also be calculated on the average number of megawatt 42 hours of electricity sold by the electric provider annually during the 43 previous three years to retail customers in this state. 44 (i) The self-directed customer must develop a self-directed optimiza- 45 tion plan. Such plan shall outline how the customer intends to achieve 46 the goals of the self-directed program. 47 (j) A customer implementing a self-directed energy optimization plan 48 shall provide a brief report biannually documenting the measures taken 49 to meet the goals of the self-directed program. The report shall provide 50 sufficient information for the utilities and the commission to monitor 51 progress toward the goals in the self-directed plan and to develop reli- 52 able estimates of the energy savings, renewable power generated and/or 53 the deployment of distributed energy resources that are being achieved 54 from self-directed plans. 55 (k) Participants will have the opportunity to self-direct all of their 56 own contributions otherwise recovered through surcharges to qualifyingA. 1705--B 3 1 projects, provided, however, that a portion of the contributions, equal 2 to no more than one percent, is allocated to support program adminis- 3 tration and evaluation, measurement and verification. 4 (l) A mechanism to provide that measures taken by self-directed 5 customers, to meet the goals of the self-directed program, should be 6 accredited to the appropriate program goals of the utility and/or load 7 serving entity of the self-directed customer. Nothing contained in this 8 section shall be construed as transferring the obligations of one 9 customer class to another customer class. 10 (m) A requirement that self-direct customers match seven and one-half 11 percent of self-directed energy optimization plan total costs provided 12 such matching contribution may be in the form of a financial and/or in 13 kind contribution. 14 3. The commission shall provide an annual report on or before the 15 first day of January to the governor, the temporary president of the 16 senate, the speaker of the assembly, the minority leader of the senate 17 and the minority leader of the assembly, on the clean energy tech 18 production program. 19 § 2. This act shall take effect immediately.
