S T A T E   O F   N E W   Y O R K
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                                  8455--A
 
                             I N  S E N A T E
 
                             January 31, 2024
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the public authorities law, in relation  to  authorizing
   the New York state energy research and development authority to admin-
   ister  a  program  to provide funds related to enabling clean hydrogen
   projects
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. This act shall be known and may be cited as the "H2 energy
 scale up act".
   § 2. Section 1854 of the public authorities law is amended by adding a
 new subdivision 27 to read as follows:
   27. (A) TO  ADMINISTER  A  PROGRAM,  USING  FUNDS  PROVIDED  FOR  SUCH
 PURPOSE,  TO PROVIDE GRANTS, LOANS OR OTHER SERVICES, BASED ON STANDARDS
 AND GUIDELINES ESTABLISHED BY THE AUTHORITY, OR ANY OTHER ENTITY AUTHOR-
 IZED BY LAW TO AWARD SUCH FUNDING, FOR THE COSTS RELATED TO  THE  DEMON-
 STRATION  OR  SCALE UP OF THE PRODUCTION, PROCESSING, DELIVERY, STORAGE,
 OR END USE OF CLEAN HYDROGEN.  THE PRIMARY PURPOSE OF SUCH FUNDING SHALL
 BE TO AID THE CONVERSION OR  RETROFITTING  OF  FOSSIL  FUEL  FACILITIES,
 FUNCTIONING AND NONFUNCTIONING, TO IMPROVE THE COMPLETION AND EXPEDITION
 OF  HYDROGEN PROJECTS.  SUCH STANDARDS AND GUIDELINES SHALL INCLUDE, BUT
 NOT BE LIMITED TO, AN EVALUATION OF (I) THE CLEAN ENERGY SUPPLY AND  THE
 BALANCE  OF  GREEN  HYDROGEN  PROJECTS  AND BLUE HYDROGEN PROJECTS, (II)
 WHETHER THE HYDROGEN PROJECT  WILL  YIELD  HOURLY  MATCHING,  AND  (III)
 WHETHER  THE DELIVERABILITY OF A PROJECT SUPPORTS SUBSTANTIAL DEPLOYMENT
 OF CLEAN ENERGY IN THIS DECADE WHILE BEING EFFICIENTLY  AND  RESPONSIBLY
 INTERCONNECTED  TO  THE  CURRENT GENERATION SYSTEMS.   PROJECTS SHALL BE
 APPROVED BY THE AUTHORITY PRIOR TO COMPLETION IN ORDER  TO  RECEIVE  THE
 FUNDS  AUTHORIZED BY THIS SUBDIVISION. A PARTICIPATING ENTITY SHALL ONLY
 CONTINUE TO RECEIVE FUNDING IF IT MEETS THE COMPLETION AND EFFECTIVENESS
 AND EFFICIENCY REQUIREMENTS ESTABLISHED BY THE AUTHORITY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14321-03-4
              

 S. 8455--A                          2
 
   (B) (I) NO LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE,
 AND ANNUALLY THEREAFTER, EACH PARTICIPATING ENTITY SHALL REPORT  TO  THE
 AUTHORITY  ON THE COMPLETION OF ITS CLEAN HYDROGEN PROJECT AND THE EFFI-
 CIENCY OF ITS SCALE UP.
   (II)  NO LATER THAN APRIL FIRST, TWO THOUSAND TWENTY-SIX, AND ANNUALLY
 THEREAFTER, THE AUTHORITY SHALL REPORT TO THE  GOVERNOR,  THE  TEMPORARY
 PRESIDENT  OF  THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF THE
 SENATE ENERGY AND TELECOMMUNICATIONS COMMITTEE  AND  THE  CHAIR  OF  THE
 ASSEMBLY  ENERGY  COMMITTEE ON THE RESULTS OF SUCH PROGRAM INCLUDING THE
 INFORMATION PROVIDED TO THE AUTHORITY IN SUBPARAGRAPH (I) OF THIS  PARA-
 GRAPH, ANY FUNDS DISBURSED, PROJECTS COMPLETED AND THE EFFECTIVENESS AND
 EFFICIENCY  OF SUCH PROJECTS.  INFORMATION ON THE EFFECTIVENESS OF FUND-
 ING AND EXPEDITING EACH HYDROGEN PROJECT SHALL BE  BASED  ON  YEAR  OVER
 YEAR  DATA  STARTING  AFTER  THE  FIRST  FULL  CYCLE OF RENEWABLE ENERGY
 PRODUCTION FROM THE FUNDED HYDROGEN PROJECT.
   (III) THE AUTHORITY SHALL MAKE THE REPORT REQUIRED PURSUANT TO SUBPAR-
 AGRAPH (II) OF THIS PARAGRAPH AVAILABLE TO THE PUBLIC ON ITS WEBSITE.
   (C) FOR THE PURPOSES OF THIS SUBDIVISION:
   (I) "GREEN HYDROGEN PROJECT" MEANS  RENEWABLE  HYDROGEN,  OBTAINED  BY
 ELECTROLYSIS OF WATER. SUCH PROJECTS SHALL BE POWERED ENTIRELY BY RENEW-
 ABLE ENERGY AND GENERATE NO POLLUTING EMISSIONS INTO THE ATMOSPHERE; AND
   (II)  "BLUE  HYDROGEN  PROJECT"  MEANS  HYDROGEN  PRODUCED MAINLY FROM
 NATURAL GAS, USING A STEAM REFORMING PROCESS. THE OUTPUT OF SUCH PROCESS
 IS HYDROGEN WITH CARBON DIOXIDE PRODUCED AS A BY-PRODUCT.
   § 3. This act shall take effect immediately.