Bill Text: NY S06587 | 2019-2020 | 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) 2020-01-08 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S06587 Detail]

Download: New_York-2019-S06587-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6587

                               2019-2020 Regular Sessions

                    IN SENATE

                                      June 17, 2019
                                       ___________

        Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        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-p to read as follows:
     3    §  66-p.  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 at an annual average efficiency of no
    11  less than fifty-five percent measured on a lower heating value basis and
    12  reduces the local combustion related air pollutant oxides of nitrogen by
    13  at least fifty percent in comparison to the most recent  annual  average
    14  marginal  emission factors, accounting for line losses, for the New York
    15  independent system operator zone in which the project is located at  the
    16  time of interconnection; or
    17    (2)  generates  electricity  and  thermal  energy at an annual average
    18  efficiency of no less than seventy percent measured on a  lower  heating
    19  value  basis  and  reduces  the  local  combustion related air pollutant
    20  oxides of nitrogen by at least fifty percent in comparison to  the  most
    21  recent  annual  average  marginal  emission factors, accounting for line
    22  losses, for the New York independent system operator zone in  which  the
    23  project is located at the time of interconnection; and
    24    (ii)  is  located at a community outage asset or within the boundaries
    25  of an existing or planned microgrid.
    26    (b) "Community outage asset" means a public  or  private  entity  that
    27  provides  critical  services to the public during an outage of the elec-
    28  tric distribution system. Community outage assets shall include, but are

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11992-01-9

        S. 6587                             2

     1  not limited to:   telecommunications  providers,  large  retail  stores,
     2  supermarkets, government agencies, data centers, transportation systems,
     3  financial  institutions,  gas stations, educational institutions, health
     4  care   providers,  large  multi-family  residential  housing,  community
     5  centers, and other customers deemed by the commission to provide a crit-
     6  ical service to the public that would  promote  or  enhance  health  and
     7  safety during an outage of the electric distribution system.
     8    (c)  "Extended  outage"  means  an outage of the electric distribution
     9  system that continues for a period of twenty-four hours or longer.
    10    (d) "Uninterrupted" means that the output of the system  is  delivered
    11  to  the  end-use  customer  throughout an extended electric distribution
    12  system outage, with the exception of momentary interruptions  associated
    13  with transitions to and from grid parallel and grid islanded operations.
    14    (e)  "Microgrid" means a group of interconnected loads and distributed
    15  energy resources within clearly defined electrical boundaries that  acts
    16  as  a  single  controllable entity with respect to the grid. A microgrid
    17  can connect and disconnect from the grid to enable it to operate in both
    18  grid-connected or island-mode.
    19    2. Within forty-five days of the effective date of this  section,  the
    20  commission  shall commence modification of the clean energy fund invest-
    21  ment plan to allocate no less than five percent of annual  clean  energy
    22  fund  expenditures  to  encourage the development of clean and resilient
    23  behind the meter  distributed  energy  resource  projects.  The  program
    24  modifications shall require:
    25    (a)  administration by the New York state energy research and develop-
    26  ment authority;
    27    (b) planned annual expenditures that  amount  to  no  less  than  five
    28  percent  of  overall annual clean energy fund expenditures commencing in
    29  calendar year two thousand twenty and sustained each year through calen-
    30  dar year two thousand twenty-four;
    31    (c) incentive structures that maximize cost-effectiveness and  practi-
    32  cality  through competitive procurements, standing-offers, or production
    33  incentives;
    34    (d) incentive structures that are designed to maximize the  co-deploy-
    35  ment  of clean and resilient distributed energy resources with solar and
    36  energy storage resources;
    37    (e) annual reports  on  the  achievements  and  effectiveness  of  the
    38  program; and
    39    (f)  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 at an annual average  efficiency  of  no
    56  less than fifty-five percent measured on a lower heating value basis and

        S. 6587                             3

     1  reduces the local combustion related air pollutant oxides of nitrogen by
     2  at  least  fifty percent in comparison to the most recent annual average
     3  marginal emission factors, accounting for line losses, for the New  York
     4  independent  system operator zone in which the project is located at the
     5  time of interconnection; or
     6    (2) generates electricity and thermal  energy  at  an  annual  average
     7  efficiency  of  no less than seventy percent measured on a lower heating
     8  value basis and reduces  the  local  combustion  related  air  pollutant
     9  oxides  of  nitrogen by at least fifty percent in comparison to the most
    10  recent annual average marginal emission  factors,  accounting  for  line
    11  losses,  for  the New York independent system operator zone in which the
    12  project is located at the time of interconnection; and
    13    (ii) is located at a community outage asset or within  the  boundaries
    14  of an existing or planned microgrid.
    15    (b)  "Community  outage  asset"  means a public or private entity that
    16  provides critical services to the public during an outage of  the  elec-
    17  tric  distribution  system.   Community outage assets shall include, but
    18  are not limited to:  telecommunications providers, large retail  stores,
    19  supermarkets, government agencies, data centers, transportation systems,
    20  financial  institutions,  gas stations, educational institutions, health
    21  care  providers,  large  multi-family  residential  housing,   community
    22  centers,  and other customers deemed by the authority to provide a crit-
    23  ical service to the public that would  promote  or  enhance  health  and
    24  safety during an outage of the electric distribution system.
    25    (c)  "Extended  outage"  means  an outage of the electric distribution
    26  system that continues for a period of twenty-four hours or longer.
    27    (d) "Uninterrupted" means that the output of the system  is  delivered
    28  to  the  end-use  customer  throughout  an  electric distribution system
    29  outage, with the exception of momentary  interruptions  associated  with
    30  transitions to and from grid parallel and grid islanded operations.
    31    (e)  "Microgrid" means a group of interconnected loads and distributed
    32  energy resources within clearly defined electrical boundaries that  acts
    33  as  a  single  controllable entity with respect to the grid. A microgrid
    34  can connect and disconnect from the grid to enable it to operate in both
    35  grid-connected or island-mode.
    36    2. Within forty-five days of the effective date of this  section,  the
    37  authority  shall  commence  the  consideration  of  modifications to its
    38  existing programs that encourage the development of clean and  resilient
    39  behind  the  meter  distributed  energy resource projects. The authority
    40  shall consult with the New York state public service commission and  the
    41  New  York  state energy research and development authority in the design
    42  and implementation of such program. The projects shall require:
    43    (a) planned annual expenditures that amount to no  less  than  fifteen
    44  million  dollars  commencing  in  calendar  year two thousand twenty and
    45  sustained each year through calendar year two thousand twenty-four;
    46    (b) incentive structures that maximize cost-effectiveness and  practi-
    47  cality  through competitive procurements, standing-offers, or production
    48  incentives;
    49    (c) annual reports  on  the  achievements  and  effectiveness  of  the
    50  program; and
    51    (d)  any  other  requirements  deemed  appropriate by the authority to
    52  effectuate the purposes of this section.
    53    § 4. This act shall take effect immediately.
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