Bill Text: NY A00051 | 2023-2024 | General Assembly | Introduced

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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: Strong Partisan Bill (Democrat 13-1)

Status: (Introduced) 2024-01-03 - referred to energy [A00051 Detail]

Download: New_York-2023-A00051-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           51

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 4, 2023
                                       ___________

        Introduced  by  M. of A. WOERNER, ZEBROWSKI, FAHY, SANTABARBARA, THIELE,
          DeSTEFANO, JONES, HUNTER,  WALKER,  GUNTHER,  SIMON,  COOK,  WILLIAMS,
          SAYEGH -- read once and referred to the Committee on Energy

        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-u to read as follows:
     3    § 66-u. 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 users, in order to stimulate the
     7  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  biogas  and
    10  anaerobic digestion, wider deployment of "distributed" energy resources,
    11  such  as micro grids, roof-top solar, fuel cells and other on-site power
    12  supplies, and 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
    25  digestion,  wider  deployment of "distributed" energy resources, such as

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01692-01-3
        A. 51                               2

     1  micro  grids,  roof-top  solar,  fuel  cells  and  other  on-site  power
     2  supplies, and storage through an energy savings account.
     3    (b)  The  self-directed  program  shall be available to all individual
     4  customers with a thirty-six month average demand  of  two  megawatts  or
     5  greater as well as customers with an aggregated thirty-six month average
     6  demand  of  four  megawatts  or  greater  as  long as one or more of the
     7  accounts being aggregated by the customer  has  at  least  a  thirty-six
     8  month average demand of one megawatt.
     9    (c)  A  mechanism to recoup paid funds from self-directed customers if
    10  it is determined that funds contained in the energy savings account were
    11  utilized erroneously or if planned energy  efficiency  savings  did  not
    12  actually occur.
    13    (d)  A  requirement  that  after  seven  years  any  unused surcharges
    14  contained in the energy saving  account  shall  be  made  available  for
    15  original purposes of the surcharge.
    16    (e)  A  requirement  to collect and establish self-directed customers'
    17  baseline energy use data.
    18    (f) A method to measure and  verify  all  claimed  energy  objectives,
    19  using  the  same  standards  for  data  collection as other existing and
    20  future clean energy surcharges.
    21    (g) Offering self-directed customers multi-year  time  frames  greater
    22  than  thirty-five months in which to expend aggregated energy efficiency
    23  fees.
    24    (h) A means  to  calculate  energy  optimization  established  by  the
    25  commission and based on annual electricity usage, provided that:
    26    (1)  annual  electricity  usage shall be normalized so that neither of
    27  the following are included in  the  calculation  of  the  percentage  of
    28  incremental  energy savings: (i) changes in electricity usage because of
    29  changes in business activity levels not attributable to energy optimiza-
    30  tion; (ii) changes in electricity usage  because  of  the  installation,
    31  operation, or testing of pollution control equipment.
    32    (2)  savings  may also be calculated on the average number of megawatt
    33  hours of electricity sold by the electric provider annually  during  the
    34  previous three years to retail customers in this state.
    35    (i)  The self-directed customer must develop a self-directed optimiza-
    36  tion plan. Such plan shall outline how the customer intends  to  achieve
    37  the goals of the self-directed program.
    38    (j)  A  customer implementing a self-directed energy optimization plan
    39  shall provide a brief report biannually documenting the  measures  taken
    40  to meet the goals of the self-directed program. The report shall provide
    41  sufficient  information  for the utilities and the commission to monitor
    42  progress toward the goals in the self-directed plan and to develop reli-
    43  able estimates of the energy savings, renewable power  generated  and/or
    44  the  deployment  of distributed energy resources that are being achieved
    45  from self-directed plans.
    46    (k) Participants will have the opportunity to self-direct  a  majority
    47  of  their  own  contributions to qualifying projects, provided, however,
    48  that a portion of the contributions, equal to no more than one  percent,
    49  is  allocated to support program administration and evaluation, measure-
    50  ment and verification.
    51    3. The commission shall provide an annual  report  on  or  before  the
    52  first  day  of  January  to the governor, the temporary president of the
    53  senate, the speaker of the assembly, the minority leader of  the  senate
    54  and  the  minority  leader  of  the  assembly,  on the clean energy tech
    55  production program.
    56    § 2. This act shall take effect immediately.