Bill Text: NY A05255 | 2021-2022 | General Assembly | Introduced
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 2-0)
Status: (Introduced - Dead) 2022-01-05 - referred to energy [A05255 Detail]
Download: New_York-2021-A05255-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5255 2021-2022 Regular Sessions IN ASSEMBLY February 12, 2021 ___________ Introduced by M. of A. WALKER, CUSICK -- read once and referred to the Committee on Energy 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 22 (ii) is located at a community continuity asset or within the bounda- 23 ries of an existing or planned microgrid. 24 (b) "Community continuity asset" means a public or private entity that 25 provides critical services to the public during an outage of the elec- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07361-01-1A. 5255 2 1 tric distribution system. Community continuity assets shall include, but 2 are not limited to: telecommunications providers, large retail stores, 3 supermarkets, government agencies, data centers, transportation systems, 4 financial institutions, gas stations, educational institutions, health 5 care providers, large multi-family residential housing, community 6 centers, and other customers deemed by the commission to provide a crit- 7 ical service to the public that would promote or enhance health and 8 safety during an outage of the electric distribution system. 9 (c) "Extended outage" means an outage of the electric distribution 10 system that continues for a period of twenty-four hours or longer. 11 (d) "Uninterrupted" means that the output of the system is delivered 12 to the end-use customer throughout an extended electric distribution 13 system outage, with the exception of momentary interruptions associated 14 with transitions to and from grid parallel and grid islanded operations. 15 (e) "Microgrid" means a load or group of interconnected loads and 16 distributed energy resources within clearly defined electrical bounda- 17 ries that acts as a single controllable entity with respect to the grid. 18 A microgrid can connect and disconnect from the grid to enable it to 19 operate in both grid-connected or island-mode. 20 2. Within one hundred eighty days of the effective date of this 21 section, the commission shall modify the clean energy fund investment 22 plan to allocate no less than five percent of annual clean energy fund 23 expenditures to encourage the development of clean and resilient behind 24 the meter distributed energy resource projects. The program modifica- 25 tions shall require: 26 (a) administration by the New York state energy research and develop- 27 ment authority; 28 (b) planned annual expenditures that amount to no less than five 29 percent of overall annual clean energy fund expenditures commencing in 30 calendar year two thousand twenty-two and sustained each year through 31 calendar year two thousand twenty-six; 32 (c) incentive structures that maximize cost-effectiveness and practi- 33 cality through competitive procurements, standing-offers, or production 34 incentives; 35 (d) annual reports on the achievements and effectiveness of the 36 program; and 37 (e) any other requirements deemed appropriate by the commission to 38 effectuate the purposes of this section. 39 § 2. Section 1020-ll of the public authorities law, as renumbered by 40 chapter 520 of the laws of 2018, is renumbered section 1020-zz. 41 § 3. Sections 1020-jj, 1020-kk and 1020-ll of the public authorities 42 law, sections 1020-jj and 1020-kk as renumbered by chapter 520 of the 43 laws of 2018 and section 1020-ll as renumbered by chapter 415 of the 44 laws of 2017, are renumbered sections 1020-ww, 1020-xx, and 1020-yy and 45 a new section 1020-jj is added to read as follows: 46 § 1020-jj. Clean and resilient energy initiative. 1. As used in this 47 section: 48 (a) "Clean and resilient behind the meter distributed energy resource 49 project" means an electricity generating system located behind a custom- 50 er meter that is configured to provide uninterrupted electric service to 51 a customer throughout an extended outage of the electric distribution 52 system, and which: 53 (i) (1) generates electricity without producing greenhouse gases or 54 local combustion related pollutants; orA. 5255 3 1 (2) generates electricity or electricity and thermal energy via a 2 non-combustion process at an annual average efficiency of no less than 3 fifty-five percent measured on a lower heating value basis; or 4 (3) generates electricity and thermal energy at an annual average 5 efficiency of no less than seventy percent measured on a lower heating 6 value basis and reduces the local combustion related air pollutant 7 oxides of nitrogen by at least fifty percent in comparison to the most 8 recent annual average marginal emission factors, accounting for line 9 losses, for the New York independent system operator zone in which the 10 project is located at the time of interconnection; and 11 (ii) is located at a community continuity asset or within the bounda- 12 ries of an existing or planned microgrid. 13 (b) "Community continuity asset" means a public or private entity that 14 provides critical services to the public during an outage of the elec- 15 tric distribution system. Community continuity assets shall include, 16 but are not limited to: telecommunications providers, large retail 17 stores, supermarkets, government agencies, data centers, transportation 18 systems, financial institutions, gas stations, educational institutions, 19 health care providers, large multi-family residential housing, community 20 centers, and other customers deemed by the authority to provide a crit- 21 ical service to the public that would promote or enhance health and 22 safety during an outage of the electric distribution system. 23 (c) "Extended outage" means an outage of the electric distribution 24 system that continues for a period of twenty-four hours or longer. 25 (d) "Uninterrupted" means that the output of the system is delivered 26 to the end-use customer throughout an electric distribution system 27 outage, with the exception of momentary interruptions associated with 28 transitions to and from grid parallel and grid islanded operations. 29 (e) "Microgrid" means a load or group of interconnected loads and 30 distributed energy resources within clearly defined electrical bounda- 31 ries that acts as a single controllable entity with respect to the grid. 32 A microgrid can connect and disconnect from the grid to enable it to 33 operate in both grid-connected or island-mode. 34 2. Within one hundred eighty days of the effective date of this 35 section, the authority shall modify its existing programs that encourage 36 the development of clean and resilient behind the meter distributed 37 energy resource projects. The authority shall consult with the New York 38 state public service commission and the New York state energy research 39 and development authority in the design and implementation of such 40 program. The projects shall require: 41 (a) planned annual expenditures that amount to no less than fifteen 42 million dollars commencing in calendar year two thousand twenty-two and 43 sustained each year through calendar year two thousand twenty-six; 44 (b) incentive structures that maximize cost-effectiveness and practi- 45 cality through competitive procurements, standing-offers, or production 46 incentives; 47 (c) annual reports on the achievements and effectiveness of the 48 program; and 49 (d) any other requirements deemed appropriate by the authority to 50 effectuate the purposes of this section. 51 § 4. This act shall take effect immediately.