Bill Text: NY S06865 | 2019-2020 | General Assembly | Introduced


Bill Title: Establishes a fuel cell incentive program to be managed by NYSERDA to encourage development of fuel cell generating systems.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S06865 Detail]

Download: New_York-2019-S06865-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6865

                               2019-2020 Regular Sessions

                    IN SENATE

                                    November 22, 2019
                                       ___________

        Introduced  by  Sen. SANDERS -- 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 fuel cell incentive 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. Fuel cell incentive program. 1. As used in this section:
     4    (a)  "Electric  distribution company" means an investor-owned electric
     5  corporation that distributes and delivers electricity within this  state
     6  and has annual revenues in excess of two hundred million dollars; and
     7    (b)  "Qualified fuel cell electric generating system" means:  a system
     8  based on a solid oxide, molten carbonate, proton  exchange  membrane  or
     9  phosphoric  acid  fuel cell that is manufactured, installed and operated
    10  in accordance with applicable government  and  industry  standards,  and
    11  that  is  operated  in  compliance  with  any standards and requirements
    12  established in this chapter or by order of the  public  service  commis-
    13  sion.
    14    2.  Within  forty-five days of the effective date of this section, the
    15  commission shall commence the  consideration  of  modifications  to  its
    16  existing  programs that encourage the development of qualified fuel cell
    17  electric generating systems and, no later than January first, two  thou-
    18  sand  twenty,  the  commission  shall  make a determination establishing
    19  modifications to its existing programs that encourage the development of
    20  qualified fuel cell generating systems in conformance with this section.
    21  The department shall consult with the New York state energy research and
    22  development authority in the preparation of its recommendations  to  the
    23  commission  for  such  determination.  The  program  modifications shall
    24  require:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06919-01-9

        S. 6865                             2

     1    (a) administration by the New York state energy research and  develop-
     2  ment authority;
     3    (b)  planned  annual  expenditures including all costs of a minimum of
     4  fifty million dollars commencing in calendar year  two  thousand  twenty
     5  and sustained each year through calendar year two thousand thirty;
     6    (c) a diversity of project sizes, geographic distribution, and partic-
     7  ipation  among customer classes, subject to cost-effectiveness consider-
     8  ations;
     9    (d) incentive structures that maximize cost-effectiveness and  practi-
    10  cality  through  competitive  procurements,  standing-offers, production
    11  incentives or capacity incentives at the wholesale or retail level as in
    12  the judgment of the commission, in consultation with the New York  inde-
    13  pendent system operator, provide for the most effective program;
    14    (e)  incentive  structures  that  take into consideration the economic
    15  benefits to the state of New York;
    16    (f) program designs that take  into  consideration  the  avoidance  of
    17  long-term  costs to the transmission and distribution system and minimi-
    18  zation of peak load in constrained areas;
    19    (g) annual reports  on  the  achievements  and  effectiveness  of  the
    20  program; and
    21    (h) such other issues deemed appropriate by the commission.
    22    §  2.  Section 1020-ll of the public authorities law, as renumbered by
    23  chapter 520 of the laws of 2018, is renumbered section 1020-zz.
    24    § 3. Sections 1020-jj, 1020-kk and 1020-ll of the  public  authorities
    25  law,  sections  1020-jj  and 1020-kk as renumbered by chapter 520 of the
    26  laws of 2018 and section 1020-ll as renumbered by  chapter  415  of  the
    27  laws  of 2017, are renumbered sections 1020-ww, 1020-xx, and 1020-yy and
    28  a new section 1020-jj is added to read as follows:
    29    § 1020-jj. Establishment of fuel cell incentive program. 1. As used in
    30  this section the term "qualified fuel cell electric  generating  system"
    31  means:    a  system  based  on  a  solid oxide, molten carbonate, proton
    32  exchange membrane or phosphoric acid fuel  cell  that  is  manufactured,
    33  installed  and  operated  in  accordance  with applicable government and
    34  industry standards, and that is installed  in  the  authority's  service
    35  territory after January first, two thousand twenty.
    36    2. The authority shall continue to encourage the development of quali-
    37  fied  fuel  cell  electric  generating  systems in its service territory
    38  through implementation of the fuel cell incentive program.  The  program
    39  shall require:
    40    (a)  planned  annual  expenditures  including  all costs of at minimum
    41  fifteen million dollars commencing in calendar year two thousand  twenty
    42  and sustained each year through calendar year two thousand thirty;
    43    (b) a diversity of project types;
    44    (c) program administration and delivery;
    45    (d)  incentive  structures  that  take into consideration the economic
    46  benefits to the state of New York;
    47    (e) program designs that take  into  consideration  the  avoidance  of
    48  long-term  costs to the transmission and distribution system and minimi-
    49  zation of peak load in constrained areas and that maximizes  cost-effec-
    50  tiveness through competitive procurements;
    51    (f)  annual  reports  on  the  achievements  and  effectiveness of the
    52  program; and
    53    (g) any other objectives the authority may establish.
    54    § 4. This act shall take effect immediately.
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