Bill Text: NY S01617 | 2013-2014 | General Assembly | Amended


Bill Title: Relates to refuge facilities; defines terms; exempts any refuge facility that is registered with the state emergency management office from payment of any exit fee or any lost revenue resultant from the installation and operation of cogeneration equipment at the refuge facility; provides financial assistance for the installation of cogeneration technologies for the purpose of creating and maintaining refuge facilities pursuant to article twenty-two of the energy law.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-02-10 - PRINT NUMBER 1617A [S01617 Detail]

Download: New_York-2013-S01617-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1617--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
         printed to be committed to the Committee on  Energy  and  Telecommuni-
         cations  --  recommitted  to  the Committee on Energy and Telecommuni-
         cations 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  energy  law, the public authorities law and the
         public service law, in relation to refuge facilities
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  legislature  hereby  finds  that  there is a need to
    2  protect the public from potential disruptions to the energy transmission
    3  and distribution system, whether caused by natural  or  man-made  occur-
    4  rences.  Such needs can be met through the creation of refuge facilities
    5  in  every locality in the state that can assure the public of continuous
    6  provision of electric, heat and  other  necessary  utility  services  in
    7  times of disruption of the delivery of such services. Such refuge facil-
    8  ities  shall  be  either existing or new buildings which have energy and
    9  heat producing equipment and which provide electricity and heat  through
   10  such  on-site  technologies and that such equipment is capable of opera-
   11  tion independent of the receipt of power  or  other  services  from  the
   12  local electric utility transmission and distribution system.
   13    The  legislature  also finds that, in order to promote the development
   14  of appropriate facilities and energy production equipment, it is  appro-
   15  priate for state agencies to provide financial assistance in the form of
   16  low-interest  or  zero-interest loans, grants, performance contracts and
   17  other appropriate financing mechanisms.  In  addition,  the  legislature
   18  also  finds that current technologies exist which could provide the dual
   19  purpose of reducing energy costs for  such  facilities,  and  thus  also
   20  provide  benefits  to local taxpayers for lower public facilities costs.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02755-02-4
       S. 1617--A                          2
    1  In addition, to ensure that such facilities  do  not  create  additional
    2  cost  burdens  for  local  taxpayers, and in consideration of the public
    3  safety and security to be provided to the  localities,  such  facilities
    4  shall be exempt from any statutory or regulatory requirements for utili-
    5  ty  standby rates, unreasonable interconnection charges, or exit fees or
    6  other similar rates or requirements.
    7    S 2. The energy law is amended by adding a new article 22 to  read  as
    8  follows:
    9                                 ARTICLE 22
   10                              REFUGE FACILITIES
   11  SECTION 22-101. DEFINITIONS.
   12          22-102. REFUGE FACILITIES, CREATION.
   13          22-103. UTILITY RATE TREATMENT.
   14          22-104. PERFORMANCE CONTRACTS.
   15    S 22-101. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
   16    1.  "REFUGE  FACILITY"  SHALL  MEAN A FACILITY OWNED AND OPERATED BY A
   17  MUNICIPALITY, AS DEFINED IN SECTION NINE HUNDRED EIGHTY OF  THE  GENERAL
   18  MUNICIPAL  LAW,  OR  A  SCHOOL DISTRICT, AS PURSUANT TO TITLE TWO OF THE
   19  EDUCATION LAW, INCLUDING BUT NOT LIMITED TO SCHOOL BUILDINGS,  MUNICIPAL
   20  OFFICE BUILDINGS, COMMUNITY CENTERS, OR PUBLIC UNIVERSITIES, COLLEGES OR
   21  COMMUNITY  COLLEGES,  AS DEFINED PURSUANT TO THE EDUCATION LAW, OR OTHER
   22  APPROPRIATE STRUCTURE OR FACILITY THAT IS CAPABLE OF  PROVIDING  SHELTER
   23  FOR  A  SIGNIFICANT  PORTION  OF  THE  LOCAL  POPULATION DURING TIMES OF
   24  MAN-MADE OR NATURAL DISASTER.
   25    2. "COGENERATION TECHNOLOGY" SHALL MEAN ANY ONE OF THE  SEVERAL  TECH-
   26  NOLOGIES  THAT CAN BE USED FOR COMBINED HEAT AND POWER APPLICATIONS, AND
   27  WHICH CONSIST OF APPLICATIONS OF TECHNOLOGIES WHEREIN  WASTE  HEAT  FROM
   28  ON-SITE ELECTRIC GENERATION PROCESS IS RECOVERED TO PROVIDE STEAM OR HOT
   29  WATER  TO  MEET  ON-SITE NEEDS, SUCH AS HEATING AND/OR AIR CONDITIONING.
   30  FOR PURPOSES OF THIS  ARTICLE,  COGENERATION  TECHNOLOGIES  MUST  ATTAIN
   31  OVERALL SYSTEM EFFICIENCY OF SIXTY PERCENT, CONSIDERING BOTH THERMAL AND
   32  ELECTRICAL PROCESSES TOGETHER.
   33    3.  "FINANCIAL  ASSISTANCE"  SHALL MEAN GRANTS, LOANS, INTEREST SUBSI-
   34  DIES, LOAN GUARANTEES AND OTHER APPROPRIATE FUNDING MECHANISMS,  INCLUD-
   35  ING  PERFORMANCE  CONTRACTING,  CONSIDERING  THE  CIRCUMSTANCES  OF  THE
   36  PROJECT.   WITH  THE  EXCEPTION  OF  GRANTS,  ANY  FINANCIAL  ASSISTANCE
   37  PROVIDED  ACCORDING  TO  THIS SUBDIVISION SHALL BE REPAID TO THE ISSUING
   38  AUTHORITY, OVER A PERIOD NOT TO EXCEED TEN YEARS, WITH SAVINGS IN ENERGY
   39  COSTS AND RELATED COSTS WHICH ACCRUE TO THE FACILITY OWNER AS  A  RESULT
   40  OF INSTALLING AND OPERATING SUCH COGENERATION EQUIPMENT.
   41    S 22-102. REFUGE FACILITIES, CREATION. 1. FOR PURPOSES OF IMPLEMENTING
   42  THE  PROVISIONS  OF  THIS  ARTICLE, EVERY COUNTY, EXCEPT THOSE CONTAINED
   43  WITHIN THE CITY OF NEW YORK, AND THE CITY OF NEW YORK SHALL INITIATE AND
   44  IMPLEMENT A PROGRAM TO IDENTIFY  AND  CREATE  FACILITIES  WHICH  CAN  BE
   45  UTILIZED  AS  REFUGE FACILITIES. SUCH REFUGE FACILITIES SHALL BE IDENTI-
   46  FIED AND INCLUDED IN ANY AND ALL LOCAL DISASTER PREPAREDNESS PLANS TO BE
   47  COMPLETED AND IMPLEMENTED ACCORDING TO SECTION TWENTY-THREE OF THE EXEC-
   48  UTIVE LAW. COUNTY EMERGENCY MANAGEMENT OFFICIALS AND  THE  CITY  OF  NEW
   49  YORK  EMERGENCY  MANAGEMENT  OFFICIAL  SHALL  COOPERATE  AND  COORDINATE
   50  EFFORTS TO IDENTIFY AND ESTABLISH REFUGE FACILITIES WITH THE DIRECTOR OF
   51  THE STATE EMERGENCY MANAGEMENT  OFFICE  AND  THE  DISASTER  PREPAREDNESS
   52  COMMISSION.  TO  THE  EXTENT  POSSIBLE  AND  FEASIBLE,  COUNTY EMERGENCY
   53  MANAGEMENT OFFICIALS AND THE CITY OF NEW YORK EMERGENCY MANAGEMENT OFFI-
   54  CIAL SHALL INTEGRATE ANY SUCH ACTIVITIES WITH THOSE OF ANY AND ALL STATE
   55  DISASTER PREPAREDNESS PLANS AS REQUIRED PURSUANT TO  SECTION  TWENTY-TWO
   56  OF THE EXECUTIVE LAW.
       S. 1617--A                          3
    1    2.  COUNTY  EMERGENCY  MANAGEMENT OFFICIALS,   WORKING IN COORDINATION
    2  WITH APPROPRIATE STATE, CITY, TOWN AND VILLAGE OFFICIALS, SHALL IDENTIFY
    3  AN APPROPRIATE NUMBER OF REFUGE FACILITIES  TO  BE  LOCATED  WITHIN  THE
    4  COUNTY,  WITH  RESPECT TO THE POPULATION AND OTHER CONSIDERATIONS NECES-
    5  SARY  TO  PROVIDE  ADEQUATE RELIEF IN TIMES OF AN EMERGENCY. THE CITY OF
    6  NEW YORK EMERGENCY MANAGEMENT OFFICIAL SHALL WORK IN  COORDINATION  WITH
    7  ALL  APPROPRIATE  STATE  OFFICIALS  TO IDENTIFY AN APPROPRIATE NUMBER OF
    8  REFUGE FACILITIES TO BE LOCATED WITHIN THAT CITY, WITH  RESPECT  TO  THE
    9  POPULATION AND OTHER CONSIDERATIONS NECESSARY TO PROVIDE ADEQUATE RELIEF
   10  IN TIMES OF AN EMERGENCY.
   11    3.  EACH REFUGE FACILITY SHALL BE REGISTERED WITH THE COUNTY EMERGENCY
   12  MANAGEMENT OFFICE IN THE COUNTY IN  WHICH  SUCH  FACILITY  IS  SITUATED,
   13  EXCEPT  IN  THE  CITY  OF NEW YORK WHEREIN THE CITY EMERGENCY MANAGEMENT
   14  OFFICE SHALL MAINTAIN SUCH REGISTRATION. THE REGISTRIES SHALL BE UPDATED
   15  ANNUALLY. SUCH REGISTRIES SHALL ALSO BE PROVIDED TO THE STATE  EMERGENCY
   16  MANAGEMENT OFFICE.
   17    S  22-103. UTILITY RATE TREATMENT. NO ELECTRIC CORPORATION, AS DEFINED
   18  BY SUBDIVISION THIRTEEN OF SECTION TWO OF THE PUBLIC SERVICE LAW,  SHALL
   19  ESTABLISH  OR  MODIFY ANY TARIFFS WITH RESPECT TO REFUGE FACILITIES THAT
   20  INSTALL COGENERATION EQUIPMENT.  ANY REFUGE FACILITY THAT IS  REGISTERED
   21  WITH  THE STATE EMERGENCY MANAGEMENT OFFICE SHALL FURTHER BE EXEMPT FROM
   22  PAYMENT OF ANY EXIT FEES OR ANY LOST REVENUES RESULTING FROM THE INSTAL-
   23  LATION AND OPERATION OF COGENERATION EQUIPMENT AT THE  REFUGE  FACILITY.
   24  TO THE EXTENT THAT THE REFUGE FACILITY REQUIRES INTERCONNECTION WITH THE
   25  LOCAL  ELECTRIC  UTILITY SYSTEM, NO ELECTRIC CORPORATION SHALL ESTABLISH
   26  OR MODIFY ANY TARIFF TO ESTABLISH A STANDBY RATE THAT DOES NOT TAKE INTO
   27  ACCOUNT THE ACTUAL COSTS AND  BENEFITS  OF  THE  DISTRIBUTED  GENERATION
   28  RESOURCE.  SUCH  STANDBY  RATE  SHALL  CONSIDER  THE  RELIABILITY OF THE
   29  ON-SITE GENERATION, AS DETERMINED  BY  THE  FREQUENCY  AND  DURATION  OF
   30  OUTAGES,  SO  THAT  CUSTOMERS  WITH MORE RELIABLE ON-SITE GENERATION AND
   31  THOSE THAT REDUCE PEAK DEMAND PAY A LOWER COST-BASED RATE. TO THE EXTENT
   32  THE INSTALLATION OF ANY  COGENERATION  EQUIPMENT  RESULTS  IN  INTERCON-
   33  NECTION FEES, AN ELECTRIC CORPORATION SHALL ONLY COLLECT INTERCONNECTION
   34  FEES THAT ARE REASONABLE.
   35    S  22-104.  PERFORMANCE  CONTRACTS.  FOR PURPOSES OF IMPLEMENTING THIS
   36  ARTICLE, THE PROVISIONS OF ARTICLE NINE OF THIS CHAPTER SHALL BE  APPLI-
   37  CABLE FOR THOSE PROJECTS FOR WHICH PERFORMANCE CONTRACTING IS A PREFERA-
   38  BLE METHOD FOR THE FINANCING, INSTALLATION AND OPERATION OF COGENERATION
   39  TECHNOLOGY EQUIPMENT.
   40    S 3. Section 1005 of the public authorities law is amended by adding a
   41  new subdivision 25 to read as follows:
   42    25.  TO PROVIDE FINANCIAL ASSISTANCE FOR THE INSTALLATION OF COGENERA-
   43  TION TECHNOLOGIES FOR THE PURPOSE OF  CREATING  AND  MAINTAINING  REFUGE
   44  FACILITIES PURSUANT TO ARTICLE TWENTY-TWO OF THE ENERGY LAW.
   45    A.    THE  AUTHORITY MAY MAKE AVAILABLE FINANCIAL ASSISTANCE; PROVIDED
   46  THAT NO COSTS ASSOCIATED WITH SUCH FINANCIAL ASSISTANCE SHALL BE CHARGED
   47  TO THE AUTHORITY'S CUSTOMERS. SUCH FUNDS SHALL BE USED FOR THE  DEVELOP-
   48  MENT OF REFUGE FACILITIES AS IDENTIFIED AMONG THE AUTHORITY'S CUSTOMERS.
   49    B.  THE AUTHORITY MAY SOLICIT APPLICATIONS FOR FINANCIAL ASSISTANCE BY
   50  PUBLIC NOTICE. SUCH NOTICE SHALL BE IN THE FORM OF ADVERTISEMENTS, PRESS
   51  RELEASES, AND BY SUCH OTHER MEANS AS THE AUTHORITY FINDS APPROPRIATE.
   52    C.  THE  AUTHORITY MAY PROVIDE FINANCIAL ASSISTANCE BY ENTERING INTO A
   53  CONTRACT WITH A CONTRACTOR FOR THE COGENERATION SERVICES. THE  AUTHORITY
   54  SHALL  EVALUATE  APPLICATIONS  FOR  FINANCIAL  ASSISTANCE BASED UPON THE
   55  AMOUNT OF POWER SAVED AS A RESULT OF THE INSTALLATION OF  THE  COGENERA-
       S. 1617--A                          4
    1  TION EQUIPMENT AND THE SAVINGS IN ENERGY COSTS RELATIVE TO THE AMOUNT OF
    2  FINANCIAL ASSISTANCE REQUIRED.
    3    S  4.  Sections 1020-ii, 1020-jj and 1020-kk of the public authorities
    4  law, as renumbered by chapter 388 of the laws of 2011,   are  renumbered
    5  sections 1020-jj, 1020-kk and 1020-ll and a new section 1020-ii is added
    6  to read as follows:
    7    S  1020-II. REFUGE FACILITIES; COMPLIANCE. 1. THE AUTHORITY MAY ASSIST
    8  WITH THE IMPLEMENTATION OF THE REFUGE FACILITIES, AS STATED  IN  ARTICLE
    9  TWENTY-TWO OF THE ENERGY LAW, WITHIN THE SERVICE TERRITORY.
   10    2.  THE  AUTHORITY  MAY  MAKE AVAILABLE FINANCIAL ASSISTANCE; PROVIDED
   11  THAT NO COSTS ASSOCIATED WITH SUCH FINANCIAL ASSISTANCE SHALL BE CHARGED
   12  TO THE AUTHORITY'S CUSTOMERS. SUCH FUNDS SHALL BE USED FOR THE  DEVELOP-
   13  MENT OF REFUGE FACILITIES WITHIN THE AUTHORITY'S SERVICE TERRITORY.
   14    3.  THE AUTHORITY MAY SOLICIT APPLICATIONS FOR FINANCIAL ASSISTANCE BY
   15  PUBLIC NOTICE. SUCH NOTICE SHALL BE IN THE FORM OF ADVERTISEMENT,  PRESS
   16  RELEASES, AND BY SUCH OTHER MEANS AS THE AUTHORITY FINDS APPROPRIATE.
   17    4.  THE  AUTHORITY MAY PROVIDE FINANCIAL ASSISTANCE BY ENTERING INTO A
   18  CONTRACT WITH A CONTRACTOR FOR THE COGENERATION SERVICES. THE  AUTHORITY
   19  SHALL  EVALUATE  APPLICATIONS  FOR  FINANCIAL  ASSISTANCE BASED UPON THE
   20  AMOUNT OF POWER SAVED AS A RESULT OF THE INSTALLATION OF  THE  COGENERA-
   21  TION EQUIPMENT AND THE SAVINGS IN ENERGY COSTS RELATIVE TO THE AMOUNT OF
   22  FINANCIAL ASSISTANCE REQUIRED.
   23    S 5. Section 1854 of the public authorities law is amended by adding a
   24  new subdivision 22 to read as follows:
   25    22.  TO PROVIDE FINANCIAL ASSISTANCE FOR THE INSTALLATION OF COGENERA-
   26  TION TECHNOLOGIES FOR THE PURPOSE OF  CREATING  AND  MAINTAINING  REFUGE
   27  FACILITIES  PURSUANT  TO  ARTICLE  TWENTY-TWO  OF  THE ENERGY LAW.   THE
   28  AUTHORITY MAY SOLICIT APPLICATIONS FOR FINANCIAL  ASSISTANCE  BY  PUBLIC
   29  NOTICE,  WHICH  PUBLIC  NOTICE  SHALL  BE IN THE FORM OF ADVERTISEMENTS,
   30  PRESS RELEASES, AND BY SUCH OTHER MEANS AS THE AUTHORITY FINDS APPROPRI-
   31  ATE. THE AUTHORITY MAY PROVIDE FINANCIAL ASSISTANCE BY ENTERING  INTO  A
   32  CONTRACT  WITH A CONTRACTOR FOR THE COGENERATION SERVICES. THE AUTHORITY
   33  SHALL EVALUATE APPLICATIONS FOR  FINANCIAL  ASSISTANCE  BASED  UPON  THE
   34  AMOUNT  OF  POWER SAVED AS A RESULT OF THE INSTALLATION OF THE COGENERA-
   35  TION EQUIPMENT AND THE SAVINGS IN ENERGY COSTS RELATIVE TO THE AMOUNT OF
   36  FINANCIAL ASSISTANCE REQUIRED.  WHERE  APPROPRIATE,  THE  AUTHORITY  MAY
   37  ACCESS FUNDS RECEIVED FROM UTILITY ASSESSMENTS FOR ENERGY EFFICIENCY AND
   38  OTHER RESEARCH AND DEVELOPMENT ACTIVITIES IN ORDER TO PROVIDE GRANTS FOR
   39  PROJECTS  REQUIRING  ADDITIONAL FINANCIAL ASSISTANCE, AND WHERE PERFORM-
   40  ANCE CONTRACTING IS NOT AVAILABLE.  THE  AUTHORITY  MAY  MAKE  AVAILABLE
   41  FINANCIAL  ASSISTANCE,  WHICH  SHALL  BE  MADE AVAILABLE FOR PROJECTS IN
   42  UTILITY SERVICE TERRITORIES WHEREIN THE  RATEPAYERS  OF  SUCH  UTILITIES
   43  CONTRIBUTE  TO  SUCH  ASSESSMENT  FOR ENERGY EFFICIENCY AND RESEARCH AND
   44  DEVELOPMENT.
   45    S 6. Section 66 of the public service law is amended by adding  a  new
   46  subdivision 29 to read as follows:
   47    29.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, NO
   48  REFUGE FACILITY THAT IS IDENTIFIED AND IMPLEMENTED  IN  ACCORDANCE  WITH
   49  ARTICLE  TWENTY-TWO OF THE ENERGY LAW SHALL BE SUBJECT TO ANY TRANSITION
   50  COSTS, EXIT FEES, OR ADDITIONAL PAYMENTS, SUCH AS STANDBY RATES, RELATED
   51  TO THE DISCONTINUANCE OF SERVICES FROM ITS  FORMER  SUPPLIER  OF  RETAIL
   52  DISTRIBUTION SERVICE WHEN SUCH REFUGE FACILITY RECEIVES ELECTRIC SERVICE
   53  IN  WHOLE  OR  IN  PART  FROM  A  SOURCE OF ELECTRICITY ACCORDING TO THE
   54  PROVISIONS OF ARTICLE TWENTY-TWO OF  THE  ENERGY  LAW  AND  GENERATES  A
   55  SUBSTANTIAL  PORTION  OF  ITS  OWN POWER AND DISTRIBUTES THAT POWER IN A
       S. 1617--A                          5
    1  MANNER WHICH BYPASSES THE  RETAIL  DISTRIBUTION  SYSTEM  OF  ITS  FORMER
    2  SUPPLIER.
    3    S  7.  The  New  York  state energy research and development authority
    4  shall assess the feasibility, costs, and benefits of installing  renewa-
    5  ble  energy technologies, including cogeneration technology on the prem-
    6  ises of refuge facilities as established under article 22 of the  energy
    7  law.  The  authority shall report back to the legislature with its find-
    8  ings within 6 months of the effective date of this act.
    9    S 8. This act shall take effect immediately.
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