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.
STATE OF NEW YORK
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51
2023-2024 Regular Sessions
IN ASSEMBLY(Prefiled)
January 4, 2023
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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.
