NY State Senate Bill 2019-S6587A

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 05, 2020	print number 6587a
Jun 05, 2020	amend and recommit to energy and telecommunications
Jan 08, 2020	referred to energy and telecommunications
Jun 17, 2019	referred to rules

Bill Amendments

Original

A (Active)

2019-S6587 - Details

See Assembly Version of this Bill:: A8240
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add §66-q, Pub Serv L; ren §1020-ll to be §1020-zz, ren §§1020-jj - 1020-ll to be §§1020-ww - 1020-yy, add §1020-jj, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S3333, A5255
2023-2024: S4946, A3504

2019-S6587 - Summary

Establishes a clean and resilient energy program to encourage the development of clean and resilient behind the meter distributed energy resource projects.

2019-S6587 - Sponsor Memo

                                
 
BILL NUMBER: S6587

SPONSOR: PARKER
 
TITLE OF BILL:  An act to amend the public service law and the public
authorities law, in relation to establishing a clean and resilient ener-
gy program

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to establish, within the Clean Energy Fund,
a program to encourage the development of resilient behind the meter
distributed energy resource projects that will ensure uninterrupted
electric power at facilities that provide services to the public in the
event of an extended outage of one or more of the electric distribution
systems in the state.

 
SUMMARY OF PROVISIONS:

Section 1: Adds a new Section 66-p to the Public Service Law which:
defines "Clean and Resilient Behind the Meter Distributed Energy
Resource Project" that must meet strict emission and reliability crite-

ria; defines "Community Outage Asset" customers that provide vital
services to the public in the event of a long term electric system
outage; defines "uninterrupted" with respect to qualified systems;
requires the Public Service Commission, in consultation with the New
York State Energy Research and Development Authority (NYSERDA), to adopt
modifications to its existing programs so as to encourage the develop-
ment of such Clean and Resilient Systems and their deployment by Commu-
nity Outage Asset Customers. This Section also requires: NYSERDA to
administer the program; planned expenditures on the program to total no
less than 5% of annual program expenditures from 2019 to 2029; the use
of incentive structures that maximize cost-effectiveness and practical-
ity through competitive procurements, standing-offers or production
incentives; and the publication of annual reports on the program.

Section 2: Requires the Long Island Power Authority to adopt the same
program. This Section requires LIPA to spend no less than $15 million
annually from 2019 to 2029

Section 3: Provides that the act would take effect immediately.

 
JUSTIFICATION:

The bill is intended to ensure community continuity during long term
outages of the electric grid. New York has experienced increasingly
severe weather in recent years. Scientists predict that our changing
climate can be expected to increase the frequency, intensity, and dura-
tion of extreme weather events that result in outages of the electric
grid. In addition, the state's energy infrastructure is the target of a
growing threat from cyber criminals and other bad actors including
hostile foreign governments. Our dependence upon an uninterrupted supply
of electricity has never been greater and that dependence increases with
each passing year. We rely on uninterrupted access to electricity for
our communications, social networks, financial transactions, transporta-
tion, and public and personal security. As the State increases its reli-
ance on resources that are located far from the state's major urban load
centers and simultaneously increases its reliance on the electricity
system for transportation and heating, the societal and economic conse-
quences of a long term outage become more severe. In fact, the present
trend in New York energy policy is to promote reliance on more remote
sources of power. In the April 2016 Order Adopting a Clean Energy Stand-
ard (CES) the Commission determined that behind the meter distributed
resources would be ineligible for the CES and could not generate Renewa-
ble Energy Credits (RECs), instead focusing singularly on grid-connected
resources. Further, the Value of Distributed Energy Resources (VDER)
proceeding has yet to extend to any locational, temporal, environmental,
capacity, avoided distribution, avoided transmission, or other system
and/or societal benefits to behind the meter distributed energy
resources, again focusing singularly on grid-connected resources. While
grid-connected resources are worthy of state support, an April 2019
report, from the national energy experts at the National Association of
Regulatory Utility Commissioners (NARUC) highlighted the critical impor-
tance of incentivizing the development of additional resilient distrib-
uted energy resources to address the increased risk of electric grid-
connected resource failures.

In advance of future weather events or terrorist attacks, this bill will
work toward the goal of ensuring that there is no such thing as a "wide-
spread blackout" of key community services in the future.  Instead citi-
zens will know that certain types of facilities that provide important
public services during outages of the electric grid will have electric-
ity and will be available to serve the public. This bill is purposefully
not limited to "shelters" and similar public facilities but instead is
intentionally includes the types of organizations and private businesses
that serve a public need during outages of the electric grid. For
instance, private telecommunications providers serve both citizens and
emergency service workers during public emergencies. Insulating multi-
family residential buildings from outages could enable more low-income
communities to be pre-positioned for successfully riding through storms.
An open grocery store can be a critical community resource during an
outage of the electric grid, especially a long term outage.  Large
retail stores can serve as pre-positioned supplies of food, clothes,
water, building supplies, and equipment necessary for storm preparation
and recovery efforts.

The bill is intended to encourage behind the meter systems that are at
the intersection of clean energy and resilient energy. New Yorkers,
especially those residing and working in urban areas, are chronically
exposed to unhealthy combustion-related air pollutants, including oxides
of nitrogen (Nox) and Particulate Matter (PM) that traditional forms of
back-up and/or resilient on-site power generation (i.e.  Diesel, Fuel
Oil, etc.) increase. The environmental standards adopted in the bill
exclude these traditional resources by setting very high standards and
that require both the virtual absence of local forms of air pollution as
well as high fuel conversion efficiencies that will produce significant
avoided CO2 emissions.

The resiliency standard of 24 hours of uninterrupted electricity
supplies to the qualifying end-use customer is intended to ensure that
the subject projects are truly capable of "riding through" an outage of
the electric grid that lasts for at least an entire day rather than for
a few minutes or hours.

 
PRIOR LEGISLATIVE HISTORY:

2018: A11280 - Energy

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
Immediately.

2019-S6587 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6587
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 17, 2019
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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:
 
   Section 1. The public service law is amended by adding a  new  section
 66-p to read as follows:
   §  66-P.  CLEAN  AND  RESILIENT  ENERGY  PROGRAM.  1.  AS USED IN THIS
 SECTION:
   (A) "CLEAN AND RESILIENT BEHIND THE METER DISTRIBUTED ENERGY  RESOURCE
 PROJECT" MEANS AN ELECTRICITY GENERATING SYSTEM LOCATED BEHIND A CUSTOM-
 ER  METER IN THE STATE THAT IS CONFIGURED TO PROVIDE UNINTERRUPTED ELEC-
 TRIC SERVICE TO A CUSTOMER THROUGHOUT AN EXTENDED OUTAGE  OF  THE  ELEC-
 TRICITY DISTRIBUTION SYSTEM, AND WHICH:
   (I)  (1)  GENERATES  ELECTRICITY AT AN ANNUAL AVERAGE EFFICIENCY OF NO
 LESS THAN FIFTY-FIVE PERCENT MEASURED ON A LOWER HEATING VALUE BASIS AND
 REDUCES THE LOCAL COMBUSTION RELATED AIR POLLUTANT OXIDES OF NITROGEN BY
 AT LEAST FIFTY PERCENT IN COMPARISON TO THE MOST RECENT  ANNUAL  AVERAGE
 MARGINAL  EMISSION FACTORS, ACCOUNTING FOR LINE LOSSES, FOR THE NEW YORK
 INDEPENDENT SYSTEM OPERATOR ZONE IN WHICH THE PROJECT IS LOCATED AT  THE
 TIME OF INTERCONNECTION; OR
   (2)  GENERATES  ELECTRICITY  AND  THERMAL  ENERGY AT AN ANNUAL AVERAGE
 EFFICIENCY OF NO LESS THAN SEVENTY PERCENT MEASURED ON A  LOWER  HEATING
 VALUE  BASIS  AND  REDUCES  THE  LOCAL  COMBUSTION RELATED AIR POLLUTANT
 OXIDES OF NITROGEN BY AT LEAST FIFTY PERCENT IN COMPARISON TO  THE  MOST
 RECENT  ANNUAL  AVERAGE  MARGINAL  EMISSION FACTORS, ACCOUNTING FOR LINE
 LOSSES, FOR THE NEW YORK INDEPENDENT SYSTEM OPERATOR ZONE IN  WHICH  THE
 PROJECT IS LOCATED AT THE TIME OF INTERCONNECTION; AND
   (II)  IS  LOCATED AT A COMMUNITY OUTAGE ASSET OR WITHIN THE BOUNDARIES
 OF AN EXISTING OR PLANNED MICROGRID.
   (B) "COMMUNITY OUTAGE ASSET" MEANS A PUBLIC  OR  PRIVATE  ENTITY  THAT
 PROVIDES  CRITICAL  SERVICES TO THE PUBLIC DURING AN OUTAGE OF THE ELEC-
 TRIC DISTRIBUTION SYSTEM. COMMUNITY OUTAGE ASSETS SHALL INCLUDE, BUT ARE

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11992-01-9

 S. 6587                             2
 
 NOT LIMITED TO:   TELECOMMUNICATIONS  PROVIDERS,  LARGE  RETAIL  STORES,
 SUPERMARKETS, GOVERNMENT AGENCIES, DATA CENTERS, TRANSPORTATION SYSTEMS,
 FINANCIAL  INSTITUTIONS,  GAS STATIONS, EDUCATIONAL INSTITUTIONS, HEALTH
 CARE   PROVIDERS,  LARGE  MULTI-FAMILY  RESIDENTIAL  HOUSING,  COMMUNITY
 CENTERS, AND OTHER CUSTOMERS DEEMED BY THE COMMISSION TO PROVIDE A CRIT-
 ICAL SERVICE TO THE PUBLIC THAT WOULD  PROMOTE  OR  ENHANCE  HEALTH  AND
 SAFETY DURING AN OUTAGE OF THE ELECTRIC DISTRIBUTION SYSTEM.
   (C)  "EXTENDED  OUTAGE"  MEANS  AN OUTAGE OF THE ELECTRIC DISTRIBUTION
 SYSTEM THAT CONTINUES FOR A PERIOD OF TWENTY-FOUR HOURS OR LONGER.
   (D) "UNINTERRUPTED" MEANS THAT THE OUTPUT OF THE SYSTEM  IS  DELIVERED
 TO  THE  END-USE  CUSTOMER  THROUGHOUT AN EXTENDED ELECTRIC DISTRIBUTION
 SYSTEM OUTAGE, WITH THE EXCEPTION OF MOMENTARY INTERRUPTIONS  ASSOCIATED
 WITH TRANSITIONS TO AND FROM GRID PARALLEL AND GRID ISLANDED OPERATIONS.
   (E)  "MICROGRID" MEANS A GROUP OF INTERCONNECTED LOADS AND DISTRIBUTED
 ENERGY RESOURCES WITHIN CLEARLY DEFINED ELECTRICAL BOUNDARIES THAT  ACTS
 AS  A  SINGLE  CONTROLLABLE ENTITY WITH RESPECT TO THE GRID. A MICROGRID
 CAN CONNECT AND DISCONNECT FROM THE GRID TO ENABLE IT TO OPERATE IN BOTH
 GRID-CONNECTED OR ISLAND-MODE.
   2. WITHIN FORTY-FIVE DAYS OF THE EFFECTIVE DATE OF THIS  SECTION,  THE
 COMMISSION  SHALL COMMENCE MODIFICATION OF THE CLEAN ENERGY FUND INVEST-
 MENT PLAN TO ALLOCATE NO LESS THAN FIVE PERCENT OF ANNUAL  CLEAN  ENERGY
 FUND  EXPENDITURES  TO  ENCOURAGE THE DEVELOPMENT OF CLEAN AND RESILIENT
 BEHIND THE METER  DISTRIBUTED  ENERGY  RESOURCE  PROJECTS.  THE  PROGRAM
 MODIFICATIONS SHALL REQUIRE:
   (A)  ADMINISTRATION BY THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP-
 MENT AUTHORITY;
   (B) PLANNED ANNUAL EXPENDITURES THAT  AMOUNT  TO  NO  LESS  THAN  FIVE
 PERCENT  OF  OVERALL ANNUAL CLEAN ENERGY FUND EXPENDITURES COMMENCING IN
 CALENDAR YEAR TWO THOUSAND TWENTY AND SUSTAINED EACH YEAR THROUGH CALEN-
 DAR YEAR TWO THOUSAND TWENTY-FOUR;
   (C) INCENTIVE STRUCTURES THAT MAXIMIZE COST-EFFECTIVENESS AND  PRACTI-
 CALITY  THROUGH COMPETITIVE PROCUREMENTS, STANDING-OFFERS, OR PRODUCTION
 INCENTIVES;
   (D) INCENTIVE STRUCTURES THAT ARE DESIGNED TO MAXIMIZE THE  CO-DEPLOY-
 MENT  OF CLEAN AND RESILIENT DISTRIBUTED ENERGY RESOURCES WITH SOLAR AND
 ENERGY STORAGE RESOURCES;
   (E) ANNUAL REPORTS  ON  THE  ACHIEVEMENTS  AND  EFFECTIVENESS  OF  THE
 PROGRAM; AND
   (F)  ANY  OTHER  REQUIREMENTS  DEEMED APPROPRIATE BY THE COMMISSION TO
 EFFECTUATE THE PURPOSES OF THIS SECTION.
   § 2. Section 1020-ll of the public authorities law, as  renumbered  by
 chapter 520 of the laws of 2018, is renumbered section 1020-zz.
   §  3.  Sections 1020-jj, 1020-kk and 1020-ll of the public authorities
 law, sections 1020-jj and 1020-kk as renumbered by chapter  520  of  the
 laws  of  2018  and  section 1020-ll as renumbered by chapter 415 of the
 laws of 2017, are renumbered sections 1020-ww, 1020-xx, and 1020-yy  and
 a new section 1020-jj is added to read as follows:
   §  1020-JJ.  CLEAN AND RESILIENT ENERGY INITIATIVE. 1. AS USED IN THIS
 SECTION:
   (A) "CLEAN AND RESILIENT BEHIND THE METER DISTRIBUTED ENERGY  RESOURCE
 PROJECT" MEANS AN ELECTRICITY GENERATING SYSTEM LOCATED BEHIND A CUSTOM-
 ER METER THAT IS CONFIGURED TO PROVIDE UNINTERRUPTED ELECTRIC SERVICE TO
 A  CUSTOMER  THROUGHOUT  AN EXTENDED OUTAGE OF THE ELECTRIC DISTRIBUTION
 SYSTEM, AND WHICH:
   (I) (1) GENERATES ELECTRICITY AT AN ANNUAL AVERAGE  EFFICIENCY  OF  NO
 LESS THAN FIFTY-FIVE PERCENT MEASURED ON A LOWER HEATING VALUE BASIS AND

 S. 6587                             3

 REDUCES THE LOCAL COMBUSTION RELATED AIR POLLUTANT OXIDES OF NITROGEN BY
 AT  LEAST  FIFTY PERCENT IN COMPARISON TO THE MOST RECENT ANNUAL AVERAGE
 MARGINAL EMISSION FACTORS, ACCOUNTING FOR LINE LOSSES, FOR THE NEW  YORK
 INDEPENDENT  SYSTEM OPERATOR ZONE IN WHICH THE PROJECT IS LOCATED AT THE
 TIME OF INTERCONNECTION; OR
   (2) GENERATES ELECTRICITY AND THERMAL  ENERGY  AT  AN  ANNUAL  AVERAGE
 EFFICIENCY  OF  NO LESS THAN SEVENTY PERCENT MEASURED ON A LOWER HEATING
 VALUE BASIS AND REDUCES  THE  LOCAL  COMBUSTION  RELATED  AIR  POLLUTANT
 OXIDES  OF  NITROGEN BY AT LEAST FIFTY PERCENT IN COMPARISON TO THE MOST
 RECENT ANNUAL AVERAGE MARGINAL EMISSION  FACTORS,  ACCOUNTING  FOR  LINE
 LOSSES,  FOR  THE NEW YORK INDEPENDENT SYSTEM OPERATOR ZONE IN WHICH THE
 PROJECT IS LOCATED AT THE TIME OF INTERCONNECTION; AND
   (II) IS LOCATED AT A COMMUNITY OUTAGE ASSET OR WITHIN  THE  BOUNDARIES
 OF AN EXISTING OR PLANNED MICROGRID.
   (B)  "COMMUNITY  OUTAGE  ASSET"  MEANS A PUBLIC OR PRIVATE ENTITY THAT
 PROVIDES CRITICAL SERVICES TO THE PUBLIC DURING AN OUTAGE OF  THE  ELEC-
 TRIC  DISTRIBUTION  SYSTEM.   COMMUNITY OUTAGE ASSETS SHALL INCLUDE, BUT
 ARE NOT LIMITED TO:  TELECOMMUNICATIONS PROVIDERS, LARGE RETAIL  STORES,
 SUPERMARKETS, GOVERNMENT AGENCIES, DATA CENTERS, TRANSPORTATION SYSTEMS,
 FINANCIAL  INSTITUTIONS,  GAS STATIONS, EDUCATIONAL INSTITUTIONS, HEALTH
 CARE  PROVIDERS,  LARGE  MULTI-FAMILY  RESIDENTIAL  HOUSING,   COMMUNITY
 CENTERS,  AND OTHER CUSTOMERS DEEMED BY THE AUTHORITY TO PROVIDE A CRIT-
 ICAL SERVICE TO THE PUBLIC THAT WOULD  PROMOTE  OR  ENHANCE  HEALTH  AND
 SAFETY DURING AN OUTAGE OF THE ELECTRIC DISTRIBUTION SYSTEM.
   (C)  "EXTENDED  OUTAGE"  MEANS  AN OUTAGE OF THE ELECTRIC DISTRIBUTION
 SYSTEM THAT CONTINUES FOR A PERIOD OF TWENTY-FOUR HOURS OR LONGER.
   (D) "UNINTERRUPTED" MEANS THAT THE OUTPUT OF THE SYSTEM  IS  DELIVERED
 TO  THE  END-USE  CUSTOMER  THROUGHOUT  AN  ELECTRIC DISTRIBUTION SYSTEM
 OUTAGE, WITH THE EXCEPTION OF MOMENTARY  INTERRUPTIONS  ASSOCIATED  WITH
 TRANSITIONS TO AND FROM GRID PARALLEL AND GRID ISLANDED OPERATIONS.
   (E)  "MICROGRID" MEANS A GROUP OF INTERCONNECTED LOADS AND DISTRIBUTED
 ENERGY RESOURCES WITHIN CLEARLY DEFINED ELECTRICAL BOUNDARIES THAT  ACTS
 AS  A  SINGLE  CONTROLLABLE ENTITY WITH RESPECT TO THE GRID. A MICROGRID
 CAN CONNECT AND DISCONNECT FROM THE GRID TO ENABLE IT TO OPERATE IN BOTH
 GRID-CONNECTED OR ISLAND-MODE.
   2. WITHIN FORTY-FIVE DAYS OF THE EFFECTIVE DATE OF THIS  SECTION,  THE
 AUTHORITY  SHALL  COMMENCE  THE  CONSIDERATION  OF  MODIFICATIONS TO ITS
 EXISTING PROGRAMS THAT ENCOURAGE THE DEVELOPMENT OF CLEAN AND  RESILIENT
 BEHIND  THE  METER  DISTRIBUTED  ENERGY RESOURCE PROJECTS. THE AUTHORITY
 SHALL CONSULT WITH THE NEW YORK STATE PUBLIC SERVICE COMMISSION AND  THE
 NEW  YORK  STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY IN THE DESIGN
 AND IMPLEMENTATION OF SUCH PROGRAM. THE PROJECTS SHALL REQUIRE:
   (A) PLANNED ANNUAL EXPENDITURES THAT AMOUNT TO NO  LESS  THAN  FIFTEEN
 MILLION  DOLLARS  COMMENCING  IN  CALENDAR  YEAR TWO THOUSAND TWENTY AND
 SUSTAINED EACH YEAR THROUGH CALENDAR YEAR TWO THOUSAND TWENTY-FOUR;
   (B) INCENTIVE STRUCTURES THAT MAXIMIZE COST-EFFECTIVENESS AND  PRACTI-
 CALITY  THROUGH COMPETITIVE PROCUREMENTS, STANDING-OFFERS, OR PRODUCTION
 INCENTIVES;
   (C) ANNUAL REPORTS  ON  THE  ACHIEVEMENTS  AND  EFFECTIVENESS  OF  THE
 PROGRAM; AND
   (D)  ANY  OTHER  REQUIREMENTS  DEEMED  APPROPRIATE BY THE AUTHORITY TO
 EFFECTUATE THE PURPOSES OF THIS SECTION.
   § 4. This act shall take effect immediately.

2019-S6587A (ACTIVE) - Details

See Assembly Version of this Bill:: A8240
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add §66-q, Pub Serv L; ren §1020-ll to be §1020-zz, ren §§1020-jj - 1020-ll to be §§1020-ww - 1020-yy, add §1020-jj, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S3333, A5255
2023-2024: S4946, A3504

2019-S6587A (ACTIVE) - Summary

Establishes a clean and resilient energy program to encourage the development of clean and resilient behind the meter distributed energy resource projects.

2019-S6587A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6587A

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the public service law and the public authorities law,
in relation to establishing a clean and resilient energy program

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to establish, within the Clean Energy Fund,
a program to encourage the development of resilient, behind the meter,
distributed energy resource projects that will ensure uninterrupted
electric power at facilities that provide services to the public in the
event of an extended outage of one or more of the electric distribution
systems in the state.

 
SUMMARY OF PROVISIONS:

Section 1: Adds a new Section 66-q to the Public Service Law which:
defines "Clean and Resilient Behind the Meter Distributed Energy

Resource Project" that must meet strict emission and reliability crite-
ria; defines "Community Continuity Asset" customers that provide vital
services to the public in the event of a long term electric system
outage; defines "uninterrupted" with respect to qualified systems;
requires the Public Service Commission, in consultation with the New
York State Energy Research and Development Authority (NYSERDA), to adopt
modifications to its existing programs so as to encourage the develop-
ment of such Clean and Resilient Systems and their deployment by Commu-
nity Continuity Asset Customers. This Section also requires: NYSERDA to
administer the program; planned expenditures on the program to total no
less than 5% of annual program expenditures from 2020 to 2025; the use
of incentive structures that maximize cost-effectiveness and practical-
ity through competitive procurements, standing-offers or production
incentives; and the publication of annual reports on the program.

Section 2: Requires the Long Island Power Authority to adopt the same
program. This Section requires LIPA to spend no less than $15 million
annually from 2020 to 2025

Section 3: Provides that the act would take effect immediately.

 
JUSTIFICATION:

The bill is intended to ensure community continuity during long term
outages of the electric grid. New York has experienced increasingly
severe weather in recent years. Scientists predict that our changing
climate can be expected to increase the frequency, intensity, and dura-
tion of extreme weather events that result in outages of the electric
grid. In addition, the state's energy infrastructure is the target of a
growing threat from cyber criminals and other bad actors including
hostile foreign governments. Our dependence upon an uninterrupted supply
of electricity has never been greater and that dependence increases with
each passing year. We rely on uninterrupted access to electricity for
our communications, social networks, financial transactions, transporta-
tion, and public and personal security. As the State increases its reli-
ance on resources that are located far from the state's major urban load
centers and simultaneously increases its reliance on the electricity
system for transportation and heating, the societal and economic conse-
quences of a long term outage become more severe. In fact, the present
trend in New York energy policy is to promote reliance on more remote
sources of power. In the April 2016 Order Adopting a Clean Energy Stand-
ard (CES) the Commission determined that behind the meter distributed
resources would be ineligible for the CES and could not generate Renewa-
ble Energy Credits (RECs), instead focusing singularly on grid-connected
resources. Further, the Value of Distributed Energy Resources (VDER)
proceeding has yet to extend to any locational, temporal, environmental,
capacity, avoided distribution, avoided transmission, or other system
and/or societal benefits to behind the meter distributed energy
resources, again focusing singularly on grid-connected resources. While
grid-connected resources are worthy of state support, an April 2019
report, from the national energy experts at the National Association of
Regulatory Utility Commissioners (NARUC) highlighted the critical impor-
tance of incentivizing the development of additional resilient distrib-
uted energy resources to address the increased risk of electric grid-
connected resource failures.

In advance of future weather events or terrorist attacks, this bill will
work toward the goal of ensuring that there is no such thing as a "wide-
spread blackout" of key community services in the future.  Instead citi-
zens will know that certain types of facilities that provide important
public services during outages of the electric grid will have electric-
ity and will be available to serve the public. This bill is purposefully
not limited to "shelters" and similar public facilities but instead
intentionally includes the types of organizations and private businesses
that serve a public need during outages of the electric grid. For
instance, private telecommunications providers serve both citizens and
emergency service workers during public emergencies. Insulating multi-
family residential buildings from outages could enable more low-income
communities to be pre-positioned for successfully riding through storms.

An open grocery store can be a critical community resource during an
outage of the electric grid, especially a long term outage. Large retail
stores can serve as pre-positioned supplies, of food, clothes, water,
building supplies, and equipment necessary for storm preparation and
recovery efforts. The bill is intended to encourage behind the meter
systems that are at the intersection of clean energy and resilient ener-
gy. New Yorkers, especially those residing and working in urban areas,
are chronically exposed to unhealthy combustion-related air pollutants,
including oxides of nitrogen (Nox) and Particulate Matter (PM) that
traditional forms of back-up and/or resilient on-site power generation
(i.e. Diesel, Fuel Oil, etc.)  increase. The environmental standards
adopted in the bill a exclude these traditional resources by setting
very high standards and that require both the virtual absence of local
forms of air pollution as well as technologies that will produce signif-
icant avoided CO2 emissions. The resiliency standard of 24 hours of
uninterrupted electricity supplies to the qualifying end-use customer is
intended to ensure that the subject projects are truly capable of
"riding through" an outage of the electric grid that lasts for at least
an entire day rather than for a few minutes or hours.

 
PRIOR LEGISLATIVE HISTORY:  None

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
Immediately.

2019-S6587A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6587--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 17, 2019
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules  --  recommitted  to
   the  Committee  on  Energy  and  Telecommunications in accordance with
   Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
   reprinted as amended and recommitted to said committee

 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:
 
   Section  1.  The public service law is amended by adding a new section
 66-q to read as follows:
   § 66-Q. CLEAN AND  RESILIENT  ENERGY  PROGRAM.  1.  AS  USED  IN  THIS
 SECTION:
   (A)  "CLEAN AND RESILIENT BEHIND THE METER DISTRIBUTED ENERGY RESOURCE
 PROJECT" MEANS AN ELECTRICITY GENERATING SYSTEM LOCATED BEHIND A CUSTOM-
 ER METER IN THE STATE THAT IS CONFIGURED TO PROVIDE UNINTERRUPTED  ELEC-
 TRIC  SERVICE  TO  A CUSTOMER THROUGHOUT AN EXTENDED OUTAGE OF THE ELEC-
 TRICITY DISTRIBUTION SYSTEM, AND WHICH:
   (I) (1) GENERATES ELECTRICITY WITHOUT PRODUCING  GREENHOUSE  GASES  OR
 LOCAL COMBUSTION RELATED POLLUTANTS; OR
   (2)  GENERATES  ELECTRICITY  OR  ELECTRICITY  AND THERMAL ENERGY VIA A
 NON-COMBUSTION PROCESS AT AN ANNUAL AVERAGE EFFICIENCY OF NO  LESS  THAN
 FIFTY-FIVE PERCENT MEASURED ON A LOWER HEATING VALUE BASIS; OR
   (3)  GENERATES  ELECTRICITY  AND  THERMAL  ENERGY AT AN ANNUAL AVERAGE
 EFFICIENCY OF NO LESS THAN SEVENTY PERCENT MEASURED ON A  LOWER  HEATING
 VALUE  BASIS  AND  REDUCES  THE  LOCAL  COMBUSTION RELATED AIR POLLUTANT
 OXIDES OF NITROGEN BY AT LEAST FIFTY PERCENT IN COMPARISON TO  THE  MOST
 RECENT  ANNUAL  AVERAGE  MARGINAL  EMISSION FACTORS, ACCOUNTING FOR LINE
 LOSSES, FOR THE NEW YORK INDEPENDENT SYSTEM OPERATOR ZONE IN  WHICH  THE
 PROJECT IS LOCATED AT THE TIME OF INTERCONNECTION; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11992-03-0

 S. 6587--A                          2
 
   (II)  IS LOCATED AT A COMMUNITY CONTINUITY ASSET OR WITHIN THE BOUNDA-
 RIES OF AN EXISTING OR PLANNED MICROGRID.
   (B) "COMMUNITY CONTINUITY ASSET" MEANS A PUBLIC OR PRIVATE ENTITY THAT
 PROVIDES  CRITICAL  SERVICES TO THE PUBLIC DURING AN OUTAGE OF THE ELEC-
 TRIC DISTRIBUTION SYSTEM. COMMUNITY CONTINUITY ASSETS SHALL INCLUDE, BUT
 ARE NOT LIMITED TO:  TELECOMMUNICATIONS PROVIDERS, LARGE RETAIL  STORES,
 SUPERMARKETS, GOVERNMENT AGENCIES, DATA CENTERS, TRANSPORTATION SYSTEMS,
 FINANCIAL  INSTITUTIONS,  GAS STATIONS, EDUCATIONAL INSTITUTIONS, HEALTH
 CARE  PROVIDERS,  LARGE  MULTI-FAMILY  RESIDENTIAL  HOUSING,   COMMUNITY
 CENTERS, AND OTHER CUSTOMERS DEEMED BY THE COMMISSION TO PROVIDE A CRIT-
 ICAL  SERVICE  TO  THE  PUBLIC  THAT WOULD PROMOTE OR ENHANCE HEALTH AND
 SAFETY DURING AN OUTAGE OF THE ELECTRIC DISTRIBUTION SYSTEM.
   (C) "EXTENDED OUTAGE" MEANS AN OUTAGE  OF  THE  ELECTRIC  DISTRIBUTION
 SYSTEM THAT CONTINUES FOR A PERIOD OF TWENTY-FOUR HOURS OR LONGER.
   (D)  "UNINTERRUPTED"  MEANS THAT THE OUTPUT OF THE SYSTEM IS DELIVERED
 TO THE END-USE CUSTOMER THROUGHOUT  AN  EXTENDED  ELECTRIC  DISTRIBUTION
 SYSTEM  OUTAGE, WITH THE EXCEPTION OF MOMENTARY INTERRUPTIONS ASSOCIATED
 WITH TRANSITIONS TO AND FROM GRID PARALLEL AND GRID ISLANDED OPERATIONS.
   (E) "MICROGRID" MEANS A LOAD OR  GROUP  OF  INTERCONNECTED  LOADS  AND
 DISTRIBUTED  ENERGY  RESOURCES WITHIN CLEARLY DEFINED ELECTRICAL BOUNDA-
 RIES THAT ACTS AS A SINGLE CONTROLLABLE ENTITY WITH RESPECT TO THE GRID.
 A MICROGRID CAN CONNECT AND DISCONNECT FROM THE GRID  TO  ENABLE  IT  TO
 OPERATE IN BOTH GRID-CONNECTED OR ISLAND-MODE.
   2.  WITHIN  ONE  HUNDRED  EIGHTY  DAYS  OF  THE EFFECTIVE DATE OF THIS
 SECTION, THE COMMISSION SHALL MODIFY THE CLEAN  ENERGY  FUND  INVESTMENT
 PLAN  TO  ALLOCATE NO LESS THAN FIVE PERCENT OF ANNUAL CLEAN ENERGY FUND
 EXPENDITURES TO ENCOURAGE THE DEVELOPMENT OF CLEAN AND RESILIENT  BEHIND
 THE  METER  DISTRIBUTED  ENERGY RESOURCE PROJECTS. THE PROGRAM MODIFICA-
 TIONS SHALL REQUIRE:
   (A) ADMINISTRATION BY THE NEW YORK STATE ENERGY RESEARCH AND  DEVELOP-
 MENT AUTHORITY;
   (B)  PLANNED  ANNUAL  EXPENDITURES  THAT  AMOUNT  TO NO LESS THAN FIVE
 PERCENT OF OVERALL ANNUAL CLEAN ENERGY FUND EXPENDITURES  COMMENCING  IN
 CALENDAR  YEAR  TWO  THOUSAND TWENTY-ONE AND SUSTAINED EACH YEAR THROUGH
 CALENDAR YEAR TWO THOUSAND TWENTY-FIVE;
   (C) INCENTIVE STRUCTURES THAT MAXIMIZE COST-EFFECTIVENESS AND  PRACTI-
 CALITY  THROUGH COMPETITIVE PROCUREMENTS, STANDING-OFFERS, OR PRODUCTION
 INCENTIVES;
   (D) ANNUAL REPORTS  ON  THE  ACHIEVEMENTS  AND  EFFECTIVENESS  OF  THE
 PROGRAM; AND
   (E)  ANY  OTHER  REQUIREMENTS  DEEMED APPROPRIATE BY THE COMMISSION TO
 EFFECTUATE THE PURPOSES OF THIS SECTION.
   § 2. Section 1020-ll of the public authorities law, as  renumbered  by
 chapter 520 of the laws of 2018, is renumbered section 1020-zz.
   §  3.  Sections 1020-jj, 1020-kk and 1020-ll of the public authorities
 law, sections 1020-jj and 1020-kk as renumbered by chapter  520  of  the
 laws  of  2018  and  section 1020-ll as renumbered by chapter 415 of the
 laws of 2017, are renumbered sections 1020-ww, 1020-xx, and 1020-yy  and
 a new section 1020-jj is added to read as follows:
   §  1020-JJ.  CLEAN AND RESILIENT ENERGY INITIATIVE. 1. AS USED IN THIS
 SECTION:
   (A) "CLEAN AND RESILIENT BEHIND THE METER DISTRIBUTED ENERGY  RESOURCE
 PROJECT" MEANS AN ELECTRICITY GENERATING SYSTEM LOCATED BEHIND A CUSTOM-
 ER METER THAT IS CONFIGURED TO PROVIDE UNINTERRUPTED ELECTRIC SERVICE TO
 A  CUSTOMER  THROUGHOUT  AN EXTENDED OUTAGE OF THE ELECTRIC DISTRIBUTION
 SYSTEM, AND WHICH:

 S. 6587--A                          3
 
   (I) (1) GENERATES ELECTRICITY WITHOUT PRODUCING  GREENHOUSE  GASES  OR
 LOCAL COMBUSTION RELATED POLLUTANTS; OR
   (2)  GENERATES  ELECTRICITY  OR  ELECTRICITY  AND THERMAL ENERGY VIA A
 NON-COMBUSTION PROCESS AT AN ANNUAL AVERAGE EFFICIENCY OF NO  LESS  THAN
 FIFTY-FIVE PERCENT MEASURED ON A LOWER HEATING VALUE BASIS; OR
   (3)  GENERATES  ELECTRICITY  AND  THERMAL  ENERGY AT AN ANNUAL AVERAGE
 EFFICIENCY OF NO LESS THAN SEVENTY PERCENT MEASURED ON A  LOWER  HEATING
 VALUE  BASIS  AND  REDUCES  THE  LOCAL  COMBUSTION RELATED AIR POLLUTANT
 OXIDES OF NITROGEN BY AT LEAST FIFTY PERCENT IN COMPARISON TO  THE  MOST
 RECENT  ANNUAL  AVERAGE  MARGINAL  EMISSION FACTORS, ACCOUNTING FOR LINE
 LOSSES, FOR THE NEW YORK INDEPENDENT SYSTEM OPERATOR ZONE IN  WHICH  THE
 PROJECT IS LOCATED AT THE TIME OF INTERCONNECTION; AND
   (II)  IS LOCATED AT A COMMUNITY CONTINUITY ASSET OR WITHIN THE BOUNDA-
 RIES OF AN EXISTING OR PLANNED MICROGRID.
   (B) "COMMUNITY CONTINUITY ASSET" MEANS A PUBLIC OR PRIVATE ENTITY THAT
 PROVIDES CRITICAL SERVICES TO THE PUBLIC DURING AN OUTAGE OF  THE  ELEC-
 TRIC  DISTRIBUTION  SYSTEM.   COMMUNITY CONTINUITY ASSETS SHALL INCLUDE,
 BUT ARE NOT LIMITED TO:    TELECOMMUNICATIONS  PROVIDERS,  LARGE  RETAIL
 STORES,  SUPERMARKETS, GOVERNMENT AGENCIES, DATA CENTERS, TRANSPORTATION
 SYSTEMS, FINANCIAL INSTITUTIONS, GAS STATIONS, EDUCATIONAL INSTITUTIONS,
 HEALTH CARE PROVIDERS, LARGE MULTI-FAMILY RESIDENTIAL HOUSING, COMMUNITY
 CENTERS, AND OTHER CUSTOMERS DEEMED BY THE AUTHORITY TO PROVIDE A  CRIT-
 ICAL  SERVICE  TO  THE  PUBLIC  THAT WOULD PROMOTE OR ENHANCE HEALTH AND
 SAFETY DURING AN OUTAGE OF THE ELECTRIC DISTRIBUTION SYSTEM.
   (C) "EXTENDED OUTAGE" MEANS AN OUTAGE  OF  THE  ELECTRIC  DISTRIBUTION
 SYSTEM THAT CONTINUES FOR A PERIOD OF TWENTY-FOUR HOURS OR LONGER.
   (D)  "UNINTERRUPTED"  MEANS THAT THE OUTPUT OF THE SYSTEM IS DELIVERED
 TO THE END-USE  CUSTOMER  THROUGHOUT  AN  ELECTRIC  DISTRIBUTION  SYSTEM
 OUTAGE,  WITH  THE  EXCEPTION OF MOMENTARY INTERRUPTIONS ASSOCIATED WITH
 TRANSITIONS TO AND FROM GRID PARALLEL AND GRID ISLANDED OPERATIONS.
   (E) "MICROGRID" MEANS A LOAD OR  GROUP  OF  INTERCONNECTED  LOADS  AND
 DISTRIBUTED  ENERGY  RESOURCES WITHIN CLEARLY DEFINED ELECTRICAL BOUNDA-
 RIES THAT ACTS AS A SINGLE CONTROLLABLE ENTITY WITH RESPECT TO THE GRID.
 A MICROGRID CAN CONNECT AND DISCONNECT FROM THE GRID  TO  ENABLE  IT  TO
 OPERATE IN BOTH GRID-CONNECTED OR ISLAND-MODE.
   2.  WITHIN  ONE  HUNDRED  EIGHTY  DAYS  OF  THE EFFECTIVE DATE OF THIS
 SECTION, THE AUTHORITY SHALL MODIFY ITS EXISTING PROGRAMS THAT ENCOURAGE
 THE DEVELOPMENT OF CLEAN AND  RESILIENT  BEHIND  THE  METER  DISTRIBUTED
 ENERGY  RESOURCE PROJECTS. THE AUTHORITY SHALL CONSULT WITH THE NEW YORK
 STATE PUBLIC SERVICE COMMISSION AND THE NEW YORK STATE  ENERGY  RESEARCH
 AND  DEVELOPMENT  AUTHORITY  IN  THE  DESIGN  AND IMPLEMENTATION OF SUCH
 PROGRAM. THE PROJECTS SHALL REQUIRE:
   (A) PLANNED ANNUAL EXPENDITURES THAT AMOUNT TO NO  LESS  THAN  FIFTEEN
 MILLION  DOLLARS COMMENCING IN CALENDAR YEAR TWO THOUSAND TWENTY-ONE AND
 SUSTAINED EACH YEAR THROUGH CALENDAR YEAR TWO THOUSAND TWENTY-FIVE;
   (B) INCENTIVE STRUCTURES THAT MAXIMIZE COST-EFFECTIVENESS AND  PRACTI-
 CALITY  THROUGH COMPETITIVE PROCUREMENTS, STANDING-OFFERS, OR PRODUCTION
 INCENTIVES;
   (C) ANNUAL REPORTS  ON  THE  ACHIEVEMENTS  AND  EFFECTIVENESS  OF  THE
 PROGRAM; AND
   (D)  ANY  OTHER  REQUIREMENTS  DEEMED  APPROPRIATE BY THE AUTHORITY TO
 EFFECTUATE THE PURPOSES OF THIS SECTION.
   § 4. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S6587A

Sponsored By

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Bill Amendments

2019-S6587 - Details

2019-S6587 - Summary

2019-S6587 - Sponsor Memo

2019-S6587 - Bill Text download pdf

2019-S6587A (ACTIVE) - Details

2019-S6587A (ACTIVE) - Summary

2019-S6587A (ACTIVE) - Sponsor Memo

2019-S6587A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6587A

Share this bill

Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Bill Amendments

2019-S6587 - Details

2019-S6587 - Summary

2019-S6587 - Sponsor Memo

2019-S6587 - Bill Text download pdf

2019-S6587A (ACTIVE) - Details

2019-S6587A (ACTIVE) - Summary

2019-S6587A (ACTIVE) - Sponsor Memo

2019-S6587A (ACTIVE) - Bill Text download pdf

Comments