Bill Text: NY S02217 | 2017-2018 | General Assembly | Introduced

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Bill Title: Enacts the clean energy investment act of 2017 to promote energy efficiency, energy conservation and the installation of clean energy technologies; reduce energy consumption and energy costs; reduce greenhouse gas emissions; support sustainable community development; and create local New York job opportunities in the energy fields of tomorrow.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S02217 Detail]

Download: New_York-2017-S02217-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2217
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 12, 2017
                                       ___________
        Introduced  by  Sen.  PARKER -- 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 and the environmental conser-
          vation law, in relation to emission allowance programs
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. This act shall be known and may  be  cited  as  the  "clean
     2  energy investment act of 2017".
     3    § 2. Legislative intent. It is the intent of this legislation to:
     4    1. promote energy efficiency, energy conservation and the installation
     5  of renewable energy technologies;
     6    2. reduce energy consumption and energy costs;
     7    3. reduce greenhouse gas emissions;
     8    4. support sustainable community development; and
     9    5.  create  local  New  York job opportunities in the energy fields of
    10  tomorrow.
    11    § 3. Subdivision 18 of section 1854 of the public authorities law,  as
    12  added by chapter 488 of the laws of 2009, is amended to read as follows:
    13    18.  Emission  allowance programs. (a) To continue to receive from the
    14  department of environmental conservation or other  regulatory  authority
    15  or  agency, and to make available for sale or auction, emission or envi-
    16  ronmental  allowances  or  credits,  however  denominated;  to  use  the
    17  proceeds  of  such  sales  to promote the purposes of the programs under
    18  which  the  emissions  or  environmental  allowances  or  credits   were
    19  received,  including,  but  not  limited  to, promoting and implementing
    20  programs for energy efficiency, renewable or non-carbon  emitting  tech-
    21  nologies,  innovative  carbon emissions abatement technologies, reducing
    22  greenhouse gas emissions in the power  sector,  and  other  programs  to
    23  benefit  consumers  and  the  public;  and  to enter into agreements and
    24  understandings with any entity to assist the authority in  carrying  out
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06890-01-7
        S. 2217                             2
     1  the  purposes  of  the programs. The authority shall amend or adopt such
     2  rules and regulations as necessary to accomplish the  purposes  of  this
     3  subdivision.
     4    (b)  To  provide  for  the deposit of all or a portion of the proceeds
     5  collected by the authority from the auction or sale of  emission  allow-
     6  ances  allocated  by the department of environmental conservation to the
     7  authority pursuant to regulations adopted by the department of  environ-
     8  mental  conservation  to  a  green jobs-green New York fund to be estab-
     9  lished in the custody of the commissioner of taxation and finance.   The
    10  monies in such fund shall be available for the green jobs-green New York
    11  program  pursuant  to  title nine-A of this article [eight of this chap-
    12  ter].
    13    § 4. (a) Should the emissions cap established under part 242 of  title
    14  6  of  the  New  York  code,  rules and regulations be lowered in such a
    15  manner that results in increased proceeds associated with  the  sale  or
    16  auction  of  emission  allowances subject to such part, for fiscal years
    17  2012-2013, 2013-2014 and 2014-2015, the New York state  energy  research
    18  and  development  authority  shall  allocate  all  proceeds in excess of
    19  sixty-six million dollars per fiscal year collected from such auction or
    20  sale for energy efficiency programs to reduce greenhouse gas  emissions.
    21  Energy efficiency programs may include, but shall not be limited to: (1)
    22  efficiency  and  load management programs; (2) demand response programs;
    23  (3) programs for research, development and commercialization of products
    24  of processes which are more energy-efficient than those generally avail-
    25  able; (4) programs for development of  markets  for  such  products  and
    26  processes, including recommendations for new appliance and product effi-
    27  ciency  standards; (5) programs providing support for energy use assess-
    28  ment, real time monitoring systems,  engineering  studies  and  services
    29  related  to  new  construction  or  major building renovation, including
    30  integration of such assessments,  systems,  studies  and  services  with
    31  building  energy  codes  programs  and processes, or those regarding the
    32  development of high performance or  sustainable  buildings  that  exceed
    33  code;  (6)  programs  for the design, manufacture, commercialization and
    34  purchase of energy-efficient appliances and  heating,  air  conditioning
    35  and  lighting  devices;  (7)  programs  for planning and evaluation; (8)
    36  programs providing commercial, industrial  and  institutional  customers
    37  with greater flexibility and control over demand side investments funded
    38  by  the programs at their facilities; and (9) programs for public educa-
    39  tion regarding energy efficiency and demand management; provided, howev-
    40  er, that not more than 10 percent of such funds shall  be  expended  for
    41  items (3) and (4) collectively.
    42    (b) For each fiscal year thereafter, such authority shall allocate all
    43  proceeds  collected  from  such auction or sale of such allowances allo-
    44  cated by the department of environmental conservation as follows: (1) at
    45  least seventy percent of such proceeds for energy efficiency and innova-
    46  tive carbon abatement programs approved by such authority's members; and
    47  (2) up to thirty percent of such proceeds for programs to reduce  green-
    48  house  gas  emissions  in  the  power sector through the development and
    49  installation of renewable electricity generation.
    50    § 5. Section 19-0301 of the environmental conservation law is  amended
    51  by adding a new subdivision 6 to read as follows:
    52    6.  In addition to existing authority for the regulation of greenhouse
    53  gas emissions, including through the establishment  of  a  market-based,
    54  multi-state  emission  allowance trading program with mechanisms for the
    55  auctioning of emission allowances and the setting of  a  reserve  price,
        S. 2217                             3
     1  provided in this article and articles one and three of this chapter, the
     2  department shall:
     3    a.  in  cooperation  with the department of public service and the New
     4  York state energy research and development authority, amend part 242  of
     5  title 6 of the New York code, rules and regulations to, in a manner that
     6  is  consistent  with  federal  law,  cover electricity imported into the
     7  state, regulate by the imposition  of  equivalent  fees  on  the  carbon
     8  intensity  of  electricity imported into the state, or otherwise, to the
     9  extent deemed necessary, maintain the  environmental  integrity  of  the
    10  multi-state program in which the state participates that was established
    11  as  a means of reducing emissions from electric generating facilities as
    12  provided in such part 242;
    13    b. amend part 242 of title 6 of the New York  code,  rules  and  regu-
    14  lations,  to  reduce  New York's allowance allocations in an amount that
    15  would be consistent with its allowance under a regional cap  of  eighty-
    16  five million tons;
    17    c. require that at the end of each compliance period all unsold allow-
    18  ances be retired;
    19    d. link with other jurisdictional programs; and
    20    e.  increase the reserve price to ten dollars per allowance and estab-
    21  lish a cost containment ceiling price for the sale or auction  of  emis-
    22  sion allowances, as deemed appropriate by the department.
    23    § 6. Severability clause. If any clause, sentence, paragraph, subdivi-
    24  sion,  section  or  part  of  this act shall be adjudged by any court of
    25  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    26  impair,  or  invalidate  the remainder thereof, but shall be confined in
    27  its operation to the clause, sentence, paragraph,  subdivision,  section
    28  or part thereof directly involved in the controversy in which such judg-
    29  ment shall have been rendered. It is hereby declared to be the intent of
    30  the  legislature  that  this  act  would  have been enacted even if such
    31  invalid provisions had not been included herein.
    32    § 7. This act shall take effect immediately.