Bill Text: NY S03410 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2020-02-03 - REPORTED AND COMMITTED TO FINANCE [S03410 Detail]

Download: New_York-2019-S03410-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3410
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 6, 2019
                                       ___________
        Introduced  by Sen. HARCKHAM -- 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, 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:
    17    (a)  A  program structure that allows industrial, commercial and large
    18  users to treat  their  existing  and  future  clean  energy  surcharges;
    19  including,  but  not  limited to, surcharges to support the clean energy
    20  fund, the system benefits charge, the renewable portfolio standard,  the
    21  energy  efficiency  portfolio  standard and energy efficiency transition
    22  implementation plans as dedicated funds for energy  efficiency,  greater
    23  use of advanced energy management products, deeper penetration of renew-
    24  able  energy  resources  such  as wind, solar, geothermal, and anaerobic
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01207-01-9
        S. 3410                             2
     1  digestion, wider deployment of "distributed" energy resources,  such  as
     2  micro  grids,  roof-top  solar,  fuel  cells  and  other  on-site  power
     3  supplies, and energy storage through an energy savings account.
     4    (b)  The  self-directed  program  shall be available to all individual
     5  customers with a thirty-six month average demand  of  two  megawatts  or
     6  greater as well as customers with an aggregated thirty-six month average
     7  demand  of  four  megawatts  or  greater  as  long as one or more of the
     8  accounts being aggregated by the customer  has  at  least  a  thirty-six
     9  month average demand of one megawatt.
    10    (c)  A  mechanism to recoup paid funds from self-directed customers if
    11  it is determined that funds contained in the energy savings account were
    12  utilized erroneously or if planned energy efficiency or  other  projects
    13  permitted herein did not actually occur.
    14    (d)  A  requirement  that  after  seven  years  any  unused surcharges
    15  contained in the energy saving  account  shall  be  made  available  for
    16  original purposes of the surcharge.
    17    (e)  A  requirement  to collect and establish self-directed customers'
    18  baseline energy use data.
    19    (f) A method to measure and  verify  all  claimed  energy  objectives,
    20  using  the  same  standards  for  data  collection as other existing and
    21  future clean energy surcharges.
    22    (g) Offering self-directed customers multi-year  time  frames  greater
    23  than  thirty-five months in which to expend aggregated energy efficiency
    24  fees.
    25    (h) A means  to  calculate  energy  optimization  established  by  the
    26  commission and based on annual electricity usage, provided that:
    27    (1)  annual  electricity  usage shall be normalized so that neither of
    28  the following are included in  the  calculation  of  the  percentage  of
    29  incremental  energy savings: (i) changes in electricity usage because of
    30  changes in business activity levels not attributable to energy optimiza-
    31  tion; (ii) changes in electricity usage  because  of  the  installation,
    32  operation, or testing of pollution control equipment.
    33    (2)  savings  may also be calculated on the average number of megawatt
    34  hours of electricity sold by the electric provider annually  during  the
    35  previous three years to retail customers in this state.
    36    (i)  The self-directed customer must develop a self-directed optimiza-
    37  tion plan. Such plan shall outline how the customer intends  to  achieve
    38  the goals of the self-directed program.
    39    (j)  A  customer implementing a self-directed energy optimization plan
    40  shall provide a brief report biannually documenting the  measures  taken
    41  to meet the goals of the self-directed program. The report shall provide
    42  sufficient  information  for the utilities and the commission to monitor
    43  progress toward the goals in the self-directed plan and to develop reli-
    44  able estimates of the energy savings, renewable power  generated  and/or
    45  the  deployment  of distributed energy resources that are being achieved
    46  from self-directed plans.
    47    (k) Participants will have the opportunity to self-direct all of their
    48  own contributions otherwise recovered through surcharges  to  qualifying
    49  projects,  provided, however, that a portion of the contributions, equal
    50  to no more than one percent, is allocated to  support  program  adminis-
    51  tration and evaluation, measurement and verification.
    52    (l)  A  mechanism  to  provide  that  measures  taken by self-directed
    53  customers, to meet the goals of the  self-directed  program,  should  be
    54  accredited  to  the appropriate program goals of the utility and/or load
    55  serving entity of the self-directed customer. Nothing contained in  this
        S. 3410                             3
     1  section  shall  be  construed  as  transferring  the  obligations of one
     2  customer class to another customer class.
     3    (m)  A requirement that self-direct customers match seven and one-half
     4  percent of self-directed energy optimization plan total  costs  provided
     5  such  matching  contribution may be in the form of a financial and/or in
     6  kind contribution.
     7    3. The commission shall provide an annual  report  on  or  before  the
     8  first  day  of  January  to the governor, the temporary president of the
     9  senate, the speaker of the assembly, the minority leader of  the  senate
    10  and  the  minority  leader  of  the  assembly,  on the clean energy tech
    11  production program.
    12    § 2. This act shall take effect immediately.