STATE OF NEW YORK
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7834
2023-2024 Regular Sessions
IN SENATE
December 22, 2023
___________
Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the executive law, in relation to qualified energy stor-
age systems
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (g) of subdivision 4 and paragraph (d) of subdi-
2 vision 7 of section 94-c of the executive law, paragraph (g) of subdivi-
3 sion 4 as added by section 4 of part JJJ of chapter 58 of the laws of
4 2020, and paragraph (d) of subdivision 7 as amended by section 2 of part
5 BBB of chapter 55 of the laws of 2021, are amended to read as follows:
6 (g) Any person intending to construct (i) a facility that is a renewa-
7 ble energy system, as such term is defined in section sixty-six-p of the
8 public service law as added by chapter one hundred six of the laws of
9 two thousand nineteen, with a nameplate capacity of at least twenty
10 thousand but less than twenty-five thousand kilowatts, or (ii) a quali-
11 fied energy storage system, as such term is defined in subdivision one
12 of section seventy-four of the public service law, with a nameplate
13 capacity of more than five thousand kilowatts and not co-located with a
14 major renewable energy facility, may apply to become subject to the
15 provisions of this section by filing an application for a siting permit.
16 Upon submission of such application, the subject renewable energy facil-
17 ity or qualified energy storage system inclusive of related electric
18 transmission facilities less than ten miles in length that provide
19 access to load or integrate such systems into the state's bulk electric
20 transmission system, shall be treated as a "major renewable energy
21 facility" exclusively for purposes of permitting under this section.
22 (d) In addition to the fees established pursuant to paragraph (a) of
23 this subdivision, the office, pursuant to regulations adopted pursuant
24 to this section, may assess a fee for the purpose of recovering costs
25 the office incurs and may require applications for a qualified energy
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13652-01-3
S. 7834 2
1 storage system submitted pursuant to clause (ii) of paragraph (g) of
2 subdivision four of this section to be accompanied by a fee of fifty
3 thousand dollar.
4 § 2. This act shall take effect on the ninetieth day after it shall
5 have become a law.