Add §66-p, Pub Serv L; Ren §§1020-jj, 1020-kk & 1020-ll to be §§1020-xx, 1020-yy & 1020-zz, add §1020-jj, Pub
Auth L
 
Establishes a clean and resilient energy program to encourage the development of qualified clean and resilient systems by public or private entities that provide vital public services during an outage of the electric grid.
STATE OF NEW YORK
________________________________________________________________________
11280
IN ASSEMBLY
July 25, 2018
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Cusick) --
read once and referred to the Committee on Corporations, Authorities
and Commissions
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) "Qualified clean and resilient system" means an electricity gener-
6 ating system of less than five megawatts located on the customer side of
7 an electric distribution company customer meter that:
8 (i) has local air pollutant emissions of no more than 0.07 pounds per
9 megawatt-hour (MWh) of nitrogen oxides, 0.10 pounds per MWh of carbon
10 monoxide, 0.02 pounds per MWh of volatile organic compounds, and one
11 grain per one hundred standard cubic feet, and a lower heating value
12 efficiency of no less than fifty-five percent; and
13 (ii) is verified by a professional engineer to be capable of providing
14 an uninterrupted supply of electricity to a qualified clean and resil-
15 ient customer during an outage of the electric distribution system that
16 exceeds seventy-two hours; and
17 (iii) is installed at the facility of a qualified clean and resilient
18 customer.
19 (b) "Qualified clean and resilient customer" means a public or private
20 entity that provides vital public services during an outage of the elec-
21 tric grid. Qualified clean and resilient customers shall include: tele-
22 communications providers, large retail stores, supermarkets, government
23 agencies, data centers, transportation systems, financial institutions,
24 gas stations, educational institutions, health care providers, community
25 centers, and other customers deemed by the commission to provide a
26 service that would promote or enhance the health and safety of the
27 public during an outage of the electric grid.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16300-01-8
A. 11280 2
1 (c) "Uninterrupted" means that the output of the system is delivered
2 to the end-use customer throughout an electric distribution system
3 outage, with the exception of momentary interruptions associated with
4 transitions to and from grid parallel and grid islanded operations.
5 2. Within forty-five days of the effective date of this section, the
6 commission shall commence the consideration of modifications to its
7 existing programs that encourage the development of qualified clean and
8 resilient systems. The department shall consult with the New York state
9 energy research and development authority in the preparation of its
10 recommendations to the commission for such determination. The program
11 modifications shall require:
12 (a) administration by the New York state energy research and develop-
13 ment authority;
14 (b) planned annual expenditures that amount to no less than twenty-
15 five million dollars commencing in calendar year two thousand nineteen
16 and sustained each year through calendar year two thousand twenty-nine;
17 (c) incentive structures that maximize cost-effectiveness and practi-
18 cality through competitive procurements, standing-offers, or production
19 incentives;
20 (d) annual reports on the achievements and effectiveness of the
21 program; and
22 (e) any other requirements deemed appropriate by the commission to
23 effectuate the purposes of this section.
24 § 2. Sections 1020-jj, 1020-kk and 1020-ll of the public authorities
25 law, as renumbered by chapter 415 of the laws of 2017, are renumbered
26 sections 1020-xx, 1020-yy and 1020-zz and a new section 1020-jj is added
27 to read as follows:
28 § 1020-jj. Clean and resilient energy initiative. 1. As used in this
29 section:
30 (a) "Qualified clean and resilient system" means an electricity gener-
31 ating system of less than five megawatts located on the customer side of
32 the authority's customer meter that:
33 (i) has local air pollutant emissions of no more than 0.07 pounds per
34 megawatt-hour (MWh) of nitrogen oxides, 0.10 pounds per MWh of carbon
35 monoxide, 0.02 pounds per MWh of volatile organic compounds, and one
36 grain per one hundred standard cubic feet, and a lower heating value
37 efficiency of no less than fifty-five percent; and
38 (ii) is verified by a professional engineer to be capable of providing
39 an uninterrupted supply of electricity to a qualified clean and resil-
40 ient customer during an outage of the electric distribution system that
41 exceeds seventy-two hours; and
42 (iii) is installed at the facility of a qualified clean and resilient
43 customer.
44 (b) "Qualified clean and resilient customer" means a public or private
45 entity that provides vital public services during an outage of the elec-
46 tric grid. Qualified clean and resilient customers shall include: tele-
47 communications providers, large retail stores, supermarkets, government
48 agencies, data centers, transportation systems, financial institutions,
49 gas stations, educational institutions, health care providers, community
50 centers, and other customers deemed by the public service commission to
51 provide a service that would promote or enhance the health and safety of
52 the public during an outage of the electric grid.
53 (c) "Uninterrupted" means that the output of the system is delivered
54 to the end-use customer throughout an electric distribution system
55 outage, with the exception of momentary interruptions associated with
56 transitions to and from grid parallel and grid islanded operations.
A. 11280 3
1 2. Within forty-five days of the effective date of this section, the
2 authority shall commence the consideration of modifications to its
3 existing programs that encourage the development of qualified clean and
4 resilient systems. The authority shall consult with the New York state
5 public service commission and the New York state energy research and
6 development authority in the design and implementation of such program.
7 The initiative shall require:
8 (a) planned annual expenditures that amount to no less than fifteen
9 million dollars commencing in calendar year two thousand nineteen and
10 sustained each year through calendar year two thousand twenty-nine;
11 (b) incentive structures that maximize cost-effectiveness and practi-
12 cality through competitive procurements, standing-offers, or production
13 incentives;
14 (c) annual reports on the achievements and effectiveness of the
15 program; and
16 (d) any other requirements deemed appropriate by the authority to
17 effectuate the purposes of this section.
18 § 3. This act shall take effect immediately.