Bill Text: NY S03333 | 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 1-0)

Status: (Introduced) 2022-01-05 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S03333 Detail]

Download: New_York-2021-S03333-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          3333

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 28, 2021
                                       ___________

        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 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.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07361-01-1

        S. 3333                             2

     1    (b) "Community continuity asset" means a public or private entity that
     2  provides critical services to the public during an outage of  the  elec-
     3  tric distribution system. Community continuity assets shall include, but
     4  are  not limited to:  telecommunications providers, large retail stores,
     5  supermarkets, government agencies, data centers, transportation systems,
     6  financial  institutions,  gas stations, educational institutions, health
     7  care  providers,  large  multi-family  residential  housing,   community
     8  centers, and other customers deemed by the commission to provide a crit-
     9  ical  service  to  the  public  that would promote or enhance health and
    10  safety during an outage of the electric distribution system.
    11    (c) "Extended outage" means an outage  of  the  electric  distribution
    12  system that continues for a period of twenty-four hours or longer.
    13    (d)  "Uninterrupted"  means that the output of the system is delivered
    14  to the end-use customer throughout  an  extended  electric  distribution
    15  system  outage, with the exception of momentary interruptions associated
    16  with transitions to and from grid parallel and grid islanded operations.
    17    (e) "Microgrid" means a load or  group  of  interconnected  loads  and
    18  distributed  energy  resources within clearly defined electrical bounda-
    19  ries that acts as a single controllable entity with respect to the grid.
    20  A microgrid can connect and disconnect from the grid  to  enable  it  to
    21  operate in both grid-connected or island-mode.
    22    2.  Within  one  hundred  eighty  days  of  the effective date of this
    23  section, the commission shall modify the clean  energy  fund  investment
    24  plan  to  allocate no less than five percent of annual clean energy fund
    25  expenditures to encourage the development of clean and resilient  behind
    26  the  meter  distributed  energy resource projects. The program modifica-
    27  tions shall require:
    28    (a) administration by the New York state energy research and  develop-
    29  ment authority;
    30    (b)  planned  annual  expenditures  that  amount  to no less than five
    31  percent of overall annual clean energy fund expenditures  commencing  in
    32  calendar  year  two  thousand twenty-two and sustained each year through
    33  calendar year two thousand twenty-six;
    34    (c) incentive structures that maximize cost-effectiveness and  practi-
    35  cality  through competitive procurements, standing-offers, or production
    36  incentives;
    37    (d) annual reports  on  the  achievements  and  effectiveness  of  the
    38  program; and
    39    (e)  any  other  requirements  deemed appropriate by the commission to
    40  effectuate the purposes of this section.
    41    § 2. Section 1020-ll of the public authorities law, as  renumbered  by
    42  chapter 520 of the laws of 2018, is renumbered section 1020-zz.
    43    §  3.  Sections 1020-jj, 1020-kk and 1020-ll of the public authorities
    44  law, sections 1020-jj and 1020-kk as renumbered by chapter  520  of  the
    45  laws  of  2018  and  section 1020-ll as renumbered by chapter 415 of the
    46  laws of 2017, are renumbered sections 1020-ww, 1020-xx, and 1020-yy  and
    47  a new section 1020-jj is added to read as follows:
    48    §  1020-jj.  Clean and resilient energy initiative. 1. As used in this
    49  section:
    50    (a) "Clean and resilient behind the meter distributed energy  resource
    51  project" means an electricity generating system located behind a custom-
    52  er meter that is configured to provide uninterrupted electric service to
    53  a  customer  throughout  an extended outage of the electric distribution
    54  system, and which:
    55    (i) (1) generates electricity without producing  greenhouse  gases  or
    56  local combustion related pollutants; or

        S. 3333                             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.
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