S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6340
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 5, 2023
                                ___________
 
 Introduced  by M. of A. BARRETT -- read once and referred to the Commit-
   tee on Energy
 
 AN ACT to amend the public service law, in relation  to  establishing  a
   program for eligible zero emissions energy systems
 
   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-v to read as follows:
   §  66-V.  ESTABLISHMENT OF A ZERO EMISSIONS ENERGY SYSTEMS PROGRAM. 1.
 AS USED IN THIS SECTION:
   (A) "ZERO EMISSIONS ENERGY SYSTEMS" MEANS SYSTEMS, OTHER THAN  RENEWA-
 BLE  ENERGY SYSTEMS, THAT GENERATE ELECTRICITY OR THERMAL ENERGY THROUGH
 THE USE OF TECHNOLOGIES THAT DO NOT LEAD TO A NET INCREASE IN GREENHOUSE
 GAS EMISSIONS INTO THE ATMOSPHERE AT ANY TIME IN THE PROCESS OF GENERAT-
 ING ELECTRICITY;
   (B) "RENEWABLE ENERGY SYSTEMS" SHALL  HAVE  THE  MEANING  PROVIDED  IN
 SECTION SIXTY-SIX-P OF THIS ARTICLE; AND
   (C)  "GREENHOUSE  GAS"  SHALL  HAVE  THE  MEANING  PROVIDED IN SECTION
 75-0101 OF THE ENVIRONMENTAL CONSERVATION LAW.
   2. NO LATER THAN ONE YEAR FROM THE EFFECTIVE DATE OF THIS SECTION, THE
 COMMISSION SHALL ESTABLISH A  COMPETITIVE  PROGRAM  TO  PROMOTE  PRIVATE
 SECTOR  INVESTMENT IN A MINIMUM OF ONE GIGAWATT OF INSTALLED CAPACITY OF
 ZERO EMISSIONS ENERGY SYSTEMS THAT USE ELIGIBLE  TECHNOLOGIES  THAT  THE
 COMMISSION  HAS  DETERMINED, AFTER NOTICE AND PROVISION FOR THE OPPORTU-
 NITY TO COMMENT, ARE OPERATIONALLY CAPABLE  BY  THE  YEAR  TWO  THOUSAND
 THIRTY  OF  PROVIDING THE OPERATING FLEXIBILITY AND LONGER-TERM PERFORM-
 ANCE THAT THE ELECTRIC GRID SYSTEM WILL REQUIRE.  THE COMMISSION  SHALL:
 (A)  ESTABLISH A COMPETITIVE PROGRAM, AFTER NOTICE AND PROVISION FOR THE
 OPPORTUNITY TO COMMENT, FOR THE PURPOSE OF  MEETING  THE  TARGET  ESTAB-
 LISHED  PURSUANT TO SECTION SIXTY-SIX-P OF THIS ARTICLE THAT BY THE YEAR
 TWO THOUSAND FORTY THE STATEWIDE ELECTRICAL DEMAND SYSTEM WILL  BE  ZERO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06266-04-3
              

 A. 6340                             2
 
 EMISSIONS;  (B) COMMENCE THE IMPLEMENTATION OF THE PROGRAM NO LATER THAN
 TWO YEARS FROM THE EFFECTIVE DATE OF THIS SECTION; AND (C) REQUIRE  THAT
 ZERO  EMISSIONS ENERGY SYSTEMS SUBJECT TO THE PROVISIONS OF THIS SECTION
 SHALL COMMENCE COMMERCIAL OPERATION BY THE YEAR TWO THOUSAND THIRTY.
   3.  THE COMMISSION MAY TEMPORARILY MODIFY THE OBLIGATIONS UNDER SUCH A
 PROGRAM UPON ITS FINDING THAT THE PROGRAM: IMPEDES THE PROVISION OF SAFE
 AND ADEQUATE ELECTRIC SERVICES; IS  LIKELY  TO  IMPAIR  OBLIGATIONS  AND
 AGREEMENTS;  AND/OR  RESULTS  IN  A  SIGNIFICANT  INCREASE IN ARREARS OR
 SERVICE DISCONNECTIONS THAT THE COMMISSION DETERMINES ARE RELATED TO THE
 PROGRAM.
   4. NO LATER THAN THREE YEARS FROM THE EFFECTIVE DATE OF  THIS  SECTION
 AND  EVERY TWO YEARS THEREAFTER, OR UPON MODIFICATION OF THE OBLIGATIONS
 UNDER THE PROGRAM, THE COMMISSION SHALL CONDUCT A  COMPREHENSIVE  REVIEW
 AND  ISSUE A WRITTEN ASSESSMENT OF THE PROGRAM TO DETERMINE, AMONG OTHER
 MATTERS, PROGRESS IN MEETING THE TARGET FOR THE DEPLOYMENT OF ZERO EMIS-
 SIONS ENERGY SYSTEMS.
   § 2. The public service law is amended by adding a new section 66-w to
 read as follows:
   § 66-W. REQUIREMENTS FOR ZERO EMISSIONS ENERGY  SYSTEMS.  1.  FOR  THE
 PURPOSES OF THIS SECTION, "ZERO EMISSIONS ENERGY SYSTEMS" SHALL HAVE THE
 SAME  MEANING  AS  IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION SIXTY-
 SIX-V OF THIS ARTICLE AND AS DETERMINED BY THE  COMMISSION  PURSUANT  TO
 SUBDIVISION TWO OF SECTION SIXTY-SIX-V OF THIS ARTICLE.
   2.  AS  PART OF THE COMPETITIVE PROGRAM THE COMMISSION ESTABLISHES AND
 IMPLEMENTS PURSUANT TO SECTION SIXTY-SIX-V OF THIS ARTICLE, THE OWNER OF
 THE ZERO EMISSIONS ENERGY SYSTEM, OR A THIRD PARTY ACTING ON THE OWNER'S
 BEHALF, AS AN ONGOING CONDITION OF ANY AGREEMENT WITH  A  PUBLIC  ENTITY
 THAT  IMPLEMENTS  THE PROVISIONS OF SECTION SIXTY-SIX-V OF THIS ARTICLE,
 SHALL COMPLY WITH THE PROVISIONS OF SECTION SIXTY-SIX-R OF THIS  ARTICLE
 AND SECTION TWO HUNDRED TWENTY-FOUR-D OF THE LABOR LAW.
   § 3. This act shall take effect immediately.