Authorizes the power authority of the state of New York to undertake and administer energy conservation, cogeneration and load management programs for the public corporation customers of the authority in the metropolitan areas of New York city, and to provide technical and financial assistance in implementing conservation plans prepared for any such public corporation; grants exceptions from compliance due to infeasibility or economic hardship.
STATE OF NEW YORK
________________________________________________________________________
5605
2011-2012 Regular Sessions
IN ASSEMBLY
February 24, 2011
___________
Introduced by M. of A. BRENNAN, ORTIZ, STEVENSON -- Multi-Sponsored by
-- M. of A. COLTON, ENGLEBRIGHT, JACOBS, McENENY, P. RIVERA, SWEENEY
-- read once and referred to the Committee on Energy
AN ACT to amend the public authorities law, in relation to providing
that the power authority of the state of New York undertake and admin-
ister energy conservation, cogeneration and load management programs
for public corporation customers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings and declaration. The legislature here-
2 by finds and declares that a reduction in electric energy consumption by
3 the public corporation electric customers of the power authority of the
4 state of New York in the metropolitan area of the city of New York would
5 result in savings to the public, a reduction in the consumption of fuel
6 for electric generation and more efficient use of the power authority's
7 generation resources. The legislature also finds that reduction in
8 demand by such customers would help defer the need for additional gener-
9 ating capacity and that the public interest would be served by granting
10 to the authority broad legislative authority to implement or expand
11 conservation programs, such as but not limited to the authority's 1986
12 pilot energy conservation program, to all such customers. The legisla-
13 ture therefore declares that the implementation of energy conservation,
14 cogeneration and load management programs on behalf of the public corpo-
15 ration electric customers in the metropolitan area of the city of New
16 York is a matter of vital state concern, and further declares that the
17 power authority of the state of New York is the appropriate entity to
18 implement such programs with the cooperation of its customers.
19 § 2. The public authorities law is amended by adding a new section
20 1005-b to read as follows:
21 § 1005-b. Energy conservation, cogeneration and load management
22 programs; public corporation customers. Notwithstanding any other
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00981-01-1
A. 5605 2
1 provisions of law, general or special, to the contrary, the authority
2 shall, in accordance with the following provisions, undertake and admin-
3 ister energy conservation, cogeneration and load management programs for
4 the purpose of reducing the demand for and/or consumption of energy in
5 the buildings and facilities of the public corporation customers of the
6 authority in the metropolitan area of the city of New York.
7 1. Definitions. As used in this section, the following terms shall
8 have the following meanings:
9 (a) "Conservation plan" means a program established and administered
10 by the authority pursuant to this section for any consumer or consumers.
11 (b) "Cogeneration" means the simultaneous or sequential production of
12 electricity and/or useful thermal energy.
13 (c) "Consumer" means public corporation customer.
14 (d) "Energy audit" means a written report of an on-site evaluation of
15 a building, facility or system by a qualified contractor or authority
16 personnel to determine whether and to what extent the implementation of
17 energy conservation measures, cogeneration facilities and/or load
18 management measures or practices would reduce electric demand and/or the
19 consumption of energy in such building, facility, or system.
20 (e) "Financial assistance" means the provision of a grant, loan,
21 rebate and/or other financial incentive, assistance or any combination
22 of such assistance or incentive to a consumer for the implementation of
23 an energy conservation measure or measures, cogeneration facilities, a
24 load management measure or measures, or the technical assistance
25 required in connection with the same.
26 (f) "Payback period" means that period of time within which the esti-
27 mated initial cost of an energy conservation measure, cogeneration
28 facility or load management measure will be recovered through the
29 savings generated by reduced energy demand and/or energy consumption
30 resulting from installation of such measure.
31 (g) "Public corporation customer" means the metropolitan transporta-
32 tion authority, the port authority of New York and New Jersey, the city
33 of New York, the state of New York, and other public corporations within
34 the metropolitan areas of the city of New York purchasing electricity
35 from the authority.
36 (h) "Technical assistance" means assistance to a consumer (i) to
37 conduct energy audits and/or specialized studies identifying and speci-
38 fying energy savings and related cost savings that are likely to be
39 realized as a result of (A) modification of maintenance and operating
40 procedures in a building, facility or system, or (B) the acquisition and
41 installation of one or more specified energy conservation, cogeneration
42 and/or load management measures in such building, facility or system, or
43 (C) both, (ii) the planning or administration of specific remodeling,
44 renovation, repair, replacement, or insulation projects related to the
45 installation of energy conservation, cogeneration and/or load management
46 measures in such building, facility or system, and (iii) the drawings,
47 specifications and refined cost estimates of energy conservation and/or
48 local management measures recommended in the audit report.
49 2. Conservation plan. (a) After consultation and agreement with public
50 corporation customer representatives and the state energy research and
51 development authority, the authority shall adopt a conservation plan
52 applicable, with such variations as may be individually warranted, to
53 eligible public corporation customers, in accordance with the
54 provisions of this section.
55 (b) A conservation plan shall be cost-effective, taking into account
56 the environmental and social costs of energy use, and shall provide for
A. 5605 3
1 technical assistance and/or financial assistance to the extent necessary
2 and available for the implementation of energy conservation measures,
3 cogeneration facilities and load management measures.
4 (c) Upon the request of an eligible public corporation customer or
5 utility the authority may, in its sole discretion, grant an exception to
6 the eligible public corporation customer from any of the requirements of
7 a conservation plan upon a showing that compliance is not technically
8 feasible or would result in severe economic hardship.
9 (d) A conservation plan shall contain provisions setting forth the
10 effective date and term of the plan, the class of consumers eligible to
11 participate, the maximum annual expenditures associated with implementa-
12 tion of the plan, the payback periods for the energy conservation,
13 cogeneration and/or load management measures provided for in the plan,
14 the type of technical and/or financial assistance to be offered under
15 the plan, the financial and/or other requirements which a consumer must
16 meet to qualify for such assistance, the total amount of funds available
17 for technical and/or financial assistance under the conservation plan,
18 and such other information and criteria as shall be required to imple-
19 ment the plan.
20 (e) Where the authority deems it appropriate and advisable to provide
21 technical assistance to a consumer, the authority shall arrange for the
22 appropriate authority personnel, or for one or more qualified contrac-
23 tors, to provide such assistance to the consumer. Alternatively, if the
24 authority deems it preferable, the authority may provide such financial
25 assistance to the consumer as may be necessary for the consumer to
26 procure, on its own, such assistance from a qualified contractor or
27 contractors approved by the authority.
28 (f) The authority shall establish such guidelines, procedures and
29 criteria as it shall deem appropriate and advisable to implement a
30 conservation plan in an effective and efficient manner.
31 3. Maximum program expenditures. The authority shall set limits on
32 annual program expenditures for technical and financial assistance to be
33 available in the conservation plan or plans established pursuant to this
34 section.
35 4. Program costs, recovery. The authority is authorized to recover, as
36 an additional cost of service from public corporation customers all
37 costs related to the administration and promotion of the respective
38 programs and the provisions to customers of technical assistance and
39 financial assistance including the costs to the authority of advancing
40 funds pending reimbursement.
41 5. Rules and regulations. The authority shall issue such orders, rules
42 and regulations as may be necessary or appropriate for interpretation,
43 implementation or administration of this section, including criteria
44 relating to installation of energy conservation, cogeneration or load
45 management measures, after consultation with the New York state energy
46 research and development authority, the public service commission and
47 the New York state fire prevention and building code council.
48 6. Reports. The authority shall report in its annual report regarding
49 the progress of the implementation of this section. Such report shall
50 include, but not be limited to, the effect of this section on the
51 conservation of energy by consumers, the specific types of programs
52 being conducted for such consumers, the cost savings to such consumers,
53 and any problems encountered with the implementation of this section.
54 § 3. This act shall take effect immediately.
