senate Bill S6129

Creates the New York state consortium on the development of a hydrogen economy

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Sponsor

O'BRIEN

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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  • 08 / Jan / 2014
    • REFERRED TO ENERGY AND TELECOMMUNICATIONS

Summary

Creates the New York state consortium on the development of a hydrogen economy.

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Bill Details

Versions:
S6129
Legislative Cycle:
2013-2014
Current Committee:
Senate Energy And Telecommunications
Law Section:
Public Authorities Law
Laws Affected:
Add §1884, amd §1854, Pub Auth L

Sponsor Memo

BILL NUMBER:S6129

TITLE OF BILL: An act to amend the public authorities law, in
relation to creating the New York state consortium on the development
of a hydrogen economy

SUMMARY OF PROVISIONS: Section 1 states the legislative intent.

Section 2 creates a new section of the public authority law, directing
NYSERDA to convene the NYS Consortium on the Development of a Hydrogen
Economy, which is directed to consist of representatives from relevant
state agencies, as well as individuals from private industry and
academia with expertise in hydrogen fuel cell research and
development; and also, hydrogen infrastructure.

This consortium will develop a report to be delivered to the executive
and legislature by September 1, 2014, and annually thereafter,
containing an implementation strategy to advance hydrogen-based
technology, infrastructure deployment, and fuel cell development and
production in New York State. In Particular, there report will:

* Identify the technical and non-technical barriers to the broad scale
commercialization of hydrogen-based technologies and fuel cells;

* promote long-term partnerships with automotive manufacturers as well
as with federal and state research entities, small business, and
industry that actively supports those industries associated with the
automotive industry and their suppliers;

* facilitate strategies to promote, retain and expand hydrogen-based
technologies and fuel cell industries in New York state, including the
development of near-term niche-market applications for hydrogen fuel
cells;

* facilitate a manufacturing research and development effort that
demonstrates processes and technologies that will reduce the costs
associated with hydrogen production, delivery, storage and fuel cell
development and production that will further promote market
development and penetration while ensuring quality and reliability;

* facilitate the installation of infrastructure for hydrogen
production, storage, transportation, fueling capability, and refueling
stations;

* develop appropriate safety, codes, standards, regulation and
educational materials regarding hydrogen-based technologies and fuel
cells, particularly relative to new fueling stations;

* facilitate the development and purchase of hydrogen and fuel cell
vehicles for use by state fleets public or private sector fleets, mass
transit fleets, and school bus fleets;

* consult with the New York State Department of Transportation and the
New York State Thruway Authority to identify areas within the state
transportation system that would benefit from the integration of
potential mass transit and fleet transit locations with hydrogen-based
technology and fuel cell refueling stations;


* identify areas in the electric and natural gas distribution system
of the state that would be affected by the development hydrogen-based
technology or fuel cell technology;

* identify potential sources of federal funds and coordinate state,
university, public and private sector efforts to secure such funds;
and,

* identify potential amendments to state laws, regulations, or
policies to promote hydrogen-based technology and fuel cells.

Section 3 authorizes NYSERDA to oversee this effort

JUSTIFICATION: New York State has demonstrated a steadfast commitment
to becoming a leader in reducing greenhouse gas (GHG) emissions. In
2009, an Executive Order charged the New York State Energy and
Research Development Authority (NYSERDA) with developing a plan of
action to reduce GHG emissions by 80 percent below 1990 levels in New
York State. That Executive Order created the Climate Action Council,
which spent much of 2010 assessing how all economic sectors can reduce
emission and adapt to climate change, and identify the extent to which
such actions support New York's goals for a clean energy economy.

Current methods of transportation are responsible for over a third of
the Carbon Dioxide (CO2) released into the atmosphere by end-use
sectors. It is now a fait accompli that our energy future will feature
a growing integration of alternative fuel sources. In addition to
hybrid electric vehicles, which have been integrated into the
marketplace for the past decade, the two alternative vehicle
modalities that are on the cusp of widespread commercialization are
Plug-in Hybrid Electric Vehicles (PHEV) and Hydrogen Fuel Cell
Vehicles (HFCV). For years, alternative energy experts have argued
that there is no "silver bullet" to solving our energy problems.
Rather, it will take a blend of alternative fuel applications, each
with its own attributes.

New York is already a well-established world leader in hydrogen fuel
cell research and development and is a growing leader in research of
battery powered vehicle technology. We are the epicenter of American
hydrogen fuel cell research, we have a skilled workforce and we have
the capability to produce fuel cells. Furthermore, we possess the
natural resources (ie: hydroelectric power, wind, photovoltaics,
bin-fuels) necessary to produce a considerable supply of green
hydrogen, the use of which can make fuel cell vehicles nearly 100
percent efficient. All of the components, through a well-outlined
plan, could be used to transform New York State into the new "Silicon
Valley" for hydrogen fuel cell research and development, which could
forever redefine our state's economy and create thousands of long-term
jobs.

Furthermore, in 2005, NYSERDA developed a bold "Hydrogen Roadmap,"
which provided a blueprint for HFCV deployment in New York State,
However, the past few years have seen the federal government depart
from the considerable focus it had placed on hydrogen fuel cell
research and development, placing more focus on battery applications.
New York has continued to invest in fuel cell research, however, not


near to the extent necessary to implement NYSERDA's bold vision found
within the Roadmap.

The rest of the world has continued to recognize the promise of
hydrogen, especially its capability to provide heavy-load, long
distance travel, relative to battery-powered vehicles. More
importantly, foreign governments, through strategic industry
partnerships, have begun to make the necessary investments in this
area. Germany has already executed a plan to put hundreds of thousands
of FCVs on their roads by 2020. Japan and other Europeans countries
are following suit. The United States is now dangerously close to
losing its place as a predominant power in a field that will almost
certainly have an integral place in our daily lives for years to come.

The proposed NYS Consortium on the Development of a Hydrogen Economy
will be comprised of appropriate state government personnel, industry
representatives and members of academia. its purpose will be to
identify the technical and non-technical barriers to the broad scale
commercialization of hydrogen-based technologies and fuel cells with
major automotive manufacturers. After this occurs, it will facilitate
strategies to promote, retain and expand hydrogen-based technologies
and fuel cell industries in New York State, namely through the
installation of infrastructure for hydrogen production, storage,
transportation, fueling capability and refueling stations. The council
will also be charged with developing appropriate safety codes,
standards, regulations and educational materials regarding
hydrogen-based technologies and fuel cells. Finally, it will identify
areas within the state transportation system that would benefit from
the integration of potential mass transit and fleet transit locations
with hydrogen-based technology and fuel cells refueling stations.

PRIOR LEGISLATIVE HISTORY: A.4783 of 2011-2012 Referred to
Corporations, Authorities and Commissions

FISCAL IMPLICATIONS: The Consortium will develop its report using
existing revenues from NYSERDA.

EFFECTIVE DATE: Immediately

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6129

                            I N  S E N A T E

                               (PREFILED)

                             January 8, 2014
                               ___________

Introduced  by  Sen. O'BRIEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations

AN  ACT to amend the public authorities law, in relation to creating the
  New York state consortium on the development of a hydrogen economy

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative intent. The legislature finds and declares that
reducing  greenhouse  gas  emissions (GHG) to 80% below the State's 1990
levels by 2050 is an ambitious goal for New York  state  to  pursue.  To
achieve  that  goal  it is important that the State invest in new energy
systems that rely on renewable sources of electricity and to develop the
necessary infrastructure to support very  low  or  zero  GHG  emissions,
especially related to carbon dioxide reductions.
  The  legislature  further  finds  that  while  New York is a leader in
pursuing energy conservation and efficiency, further policy efforts must
be aimed at replacing our reliance on the combustion  of  fossil  fuels,
especially  related  to  transportation  and  electric power generation.
Policies must shift to encourage the further development and commercial-
ization of a broad range of activities and initiatives that will  ensure
development of GHG zero or low emissions for fleets and mass transporta-
tion,  as  well as personal vehicles. The commercialization of hydrogen-
based technology and fuel cells would allow New York state to lead envi-
ronmentally by reducing carbon emissions and compete  globally  for  the
commercialization of these technologies. Hydrogen can be produced from a
variety of domestically available primary resources such as fossil fuels
(natural  gas,  coal, etc.), renewables (wind, photovoltaics, bio-fuels,
etc.), and nuclear power.  Developing  hydrogen-based  technologies  and
fuel  cells will require solutions to many barriers including the devel-
opment of the necessary  refueling  infrastructure  to  support  further
commercialization and market penetration.
  The  legislature therefore declares that it is in the best interest of
the State to build on the New York State Hydrogen  Roadmap  prepared  in

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13148-01-3

S. 6129                             2

2005  by  Energetics  Incorporated,  Albany  NanoTech,  and the National
Hydrogen Association in the course of performing work contracted for and
sponsored by the New York state energy research and development authori-
ty,  the  New  York power authority, and the Long Island power authority
and therefore, statutorily direct the New York State energy research and
development authority to create and direct a New York  state  consortium
on  the  development  of  a hydrogen economy. The primary purpose of the
consortium will be to: identify the technical and non-technical barriers
to the broad scale commercialization of hydrogen-based technologies  and
fuel cells with major automotive Original Equipment Manufacturers (OEM);
facilitate strategies to promote, retain and expand hydrogen-based tech-
nologies  and  fuel cell industries in New York state; to facilitate the
installation of infrastructure for hydrogen production, storage,  trans-
portation,  fueling  capability  and  refueling  stations, including the
development of  appropriate  safety  codes,  standards,  regulation  and
educational  materials  regarding  hydrogen-based  technologies and fuel
cells; and to identify areas within the state transportation system that
would benefit from the integration of potential mass transit  and  fleet
transit locations with hydrogen-based technology and fuel cell refueling
stations.
  S  2.  The  public  authorities law is amended by adding a new section
1884 to read as follows:
  S 1884. NEW YORK STATE CONSORTIUM ON THE  DEVELOPMENT  OF  A  HYDROGEN
ECONOMY.  1.  DEFINITIONS.  AS USED IN THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS UNLESS OTHERWISE SPECIFIED:
  A. "AUTHORITY" SHALL MEAN THE  NEW  YORK  STATE  ENERGY  RESEARCH  AND
DEVELOPMENT AUTHORITY CREATED PURSUANT TO TITLE NINE OF ARTICLE EIGHT OF
THIS CHAPTER.
  B. "CONSORTIUM" SHALL MEAN THE NEW YORK STATE CONSORTIUM ON THE DEVEL-
OPMENT OF A HYDROGEN ECONOMY.
  2.  CREATION;  MEMBERS.  THERE  IS  HEREBY  CREATED THE NEW YORK STATE
CONSORTIUM ON THE DEVELOPMENT OF A HYDROGEN ECONOMY TO  BE  CONVENED  BY
THE  AUTHORITY.  THE  CONSORTIUM MAY CONSIST OF REPRESENTATIVES FROM THE
DEPARTMENT OF ECONOMIC DEVELOPMENT; THE  DEPARTMENT  OF  TRANSPORTATION;
THE  NEW YORK STATE THRUWAY AUTHORITY; THE NEW YORK POWER AUTHORITY; AND
THE LONG ISLAND POWER AUTHORITY. IT SHALL ALSO BE COMPRISED  OF  MEMBERS
OF  THE  PUBLIC, INDIVIDUALS WITH KNOWLEDGE AND LEADERSHIP IN ONE OF THE
FOLLOWING FIELDS: RENEWABLE ENERGY,  HYDROGEN-BASED  TECHNOLOGIES,  FUEL
CELL  DEVELOPMENT, SCIENTIFIC OR TECHNOLOGICAL PRODUCT AND MARKET DEVEL-
OPMENT, SAFETY PRACTICES, OR INTERNATIONAL, NATIONAL AND STATE TECHNICAL
CODES AND STANDARDS DEVELOPMENT. THE CHAIRPERSON OF THE CONSORTIUM SHALL
BE THE PRESIDENT OF THE AUTHORITY.
  3. POWERS AND DUTIES. A. THE  CONSORTIUM  IS  DIRECTED  TO  DEVELOP  A
REPORT  WHICH  SHALL  INCLUDE  AN  IMPLEMENTATION  STRATEGY AND SPECIFIC
RECOMMENDATIONS TO PRESENT TO THE  GOVERNOR  AND  THE  LEGISLATURE  THAT
ADVANCES  HYDROGEN-BASED TECHNOLOGY, INFRASTRUCTURE DEPLOYMENT, AND FUEL
CELL DEVELOPMENT AND PRODUCTION IN NEW YORK STATE.
  B. THE MEMBERS OF THE CONSORTIUM SHALL  RECEIVE  NO  COMPENSATION  FOR
THEIR SERVICES. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF ANY GENER-
AL,  SPECIAL OR LOCAL LAW, ORDINANCE, RESOLUTION OR CHARTER, NO OFFICER,
MEMBER OR EMPLOYEE OF THE STATE  OR  OF  ANY  PUBLIC  CORPORATION  SHALL
FORFEIT  HIS OR HER OFFICE OR EMPLOYMENT BY REASON OF HIS OR HER ACCEPT-
ANCE OF APPOINTMENT AS A MEMBER OF THE CONSORTIUM, NOR SHALL SERVICE  ON
SUCH  CONSORTIUM  BE DEEMED INCOMPATIBLE OR IN CONFLICT WITH SUCH OFFICE
OR EMPLOYMENT.

S. 6129                             3

  4. REPORT; RECOMMENDATIONS. THE CONSORTIUM IS DIRECTED  TO  DEVELOP  A
REPORT  WHICH  SHALL  INCLUDE  AN  IMPLEMENTATION  STRATEGY AND SPECIFIC
RECOMMENDATIONS TO PRESENT TO THE  GOVERNOR  AND  THE  LEGISLATURE  THAT
ADVANCES   HYDROGEN-BASED  TECHNOLOGY  AND  FUEL  CELL  DEVELOPMENT  AND
PRODUCTION  IN  NEW  YORK  STATE.  THE  REPORT SHALL INCLUDE, BUT NOT BE
LIMITED TO, STRATEGY AND RECOMMENDATIONS TO:
  A. IDENTIFY THE TECHNICAL AND  NON-TECHNICAL  BARRIERS  TO  THE  BROAD
SCALE COMMERCIALIZATION OF HYDROGEN-BASED TECHNOLOGIES AND FUEL CELLS;
  B.  PROMOTE  LONG-TERM PARTNERSHIPS WITH AUTOMOTIVE ORIGINAL EQUIPMENT
MANUFACTURERS AS WELL AS WITH FEDERAL AND STATE RESEARCH ENTITIES, SMALL
BUSINESS, AND INDUSTRY THAT ACTIVELY SUPPORTS THOSE  INDUSTRIES  ASSOCI-
ATED  WITH THE AUTOMOTIVE INDUSTRY AND THEIR SUPPLIERS BY: ENSURING THAT
COMMERCIALLY AVAILABLE HYDROGEN AND FUEL CELL VEHICLES  ARE  OFFERED  ON
THE  RETAIL  MARKET AT A COMPETITIVE PRICE TO BATTERY, ELECTRIC OR OTHER
LOW OR ZERO EMISSION VEHICLES; PROVIDING CONVENIENT ACCESS  TO  HYDROGEN
FUELING STATIONS FOR AT LEAST SIXTY PERCENT OF NEW YORKERS; AND, PROVID-
ING  A  COMMITMENT TO THE DEVELOPMENT OF RENEWABLE SOURCES OF ENERGY FOR
HYDROGEN PRODUCTION;
  C. FACILITATE STRATEGIES TO PROMOTE, RETAIN AND EXPAND  HYDROGEN-BASED
TECHNOLOGIES  AND  FUEL CELL INDUSTRIES IN NEW YORK STATE, INCLUDING THE
DEVELOPMENT OF NEAR-TERM NICHE-MARKET  APPLICATIONS  FOR  HYDROGEN  FUEL
CELLS  DESIGNED  FOR  PRODUCTS  SUCH  AS  FORKLIFTS AND OTHER MACHINERY,
BACK-UP POWER FOR TELECOMMUNICATIONS AND EMERGENCY RESPONSE,  AND  MILI-
TARY OPERATIONS;
  D.  FACILITATE  A  MANUFACTURING  RESEARCH AND DEVELOPMENT EFFORT THAT
DEMONSTRATES PROCESSES AND TECHNOLOGIES THAT WILL REDUCE THE COSTS ASSO-
CIATED WITH HYDROGEN PRODUCTION, DELIVERY, STORAGE AND FUEL CELL  DEVEL-
OPMENT  AND  PRODUCTION THAT WILL FURTHER PROMOTE MARKET DEVELOPMENT AND
PENETRATION WHILE ENSURING QUALITY AND RELIABILITY;
  E.  FACILITATE  THE  INSTALLATION  OF  INFRASTRUCTURE   FOR   HYDROGEN
PRODUCTION,  STORAGE,  TRANSPORTATION, FUELING CAPABILITY, AND REFUELING
STATIONS INCLUDING THE DEVELOPMENT OF APPROPRIATE SAFETY, CODES,  STAND-
ARDS,  REGULATION  AND  EDUCATIONAL  MATERIALS  REGARDING HYDROGEN-BASED
TECHNOLOGIES AND FUEL CELLS;
  F. FACILITATE THE DEVELOPMENT AND PURCHASE OF HYDROGEN AND  FUEL  CELL
VEHICLES  FOR USE BY STATE FLEETS, PUBLIC OR PRIVATE SECTOR FLEETS, MASS
TRANSIT FLEETS, AND SCHOOL BUS FLEETS;
  G. CONSULT WITH THE DEPARTMENT OF  TRANSPORTATION  AND  THE  NEW  YORK
STATE  THRUWAY AUTHORITY, TO IDENTIFY AREAS WITHIN THE STATE TRANSPORTA-
TION SYSTEM THAT WOULD BENEFIT FROM THE INTEGRATION  OF  POTENTIAL  MASS
TRANSIT  AND  FLEET TRANSIT LOCATIONS WITH HYDROGEN-BASED TECHNOLOGY AND
FUEL CELL REFUELING STATIONS, INCLUDING CONSIDERATIONS FOR  THE  TECHNO-
LOGICAL,  FACILITY AND FINANCIAL ARRANGEMENTS NEEDED FOR THE PURCHASE OR
CONVERSION OF STATE FLEETS AS WELL AS IDENTIFYING SPECIFIC LOCATIONS FOR
HYDROGEN REFUELING STATIONS ALONG THE NEW YORK STATE THRUWAY, AS WELL AS
OTHER STATE ROADS AND HIGHWAYS, AT LOCATIONS THAT COULD  POTENTIALLY  BE
UTILIZED  BY STATE FLEETS OR OTHER PUBLIC OR PRIVATE SECTOR FLEETS, SUCH
AS MASS TRANSIT BUS AND SCHOOL BUS FLEETS;
  H. CONSULT WITH THE PUBLIC SERVICE COMMISSION, THE NEW YORK  INDEPEND-
ENT  SYSTEM  OPERATOR, AND ELECTRIC AND NATURAL GAS SERVICE PROVIDERS TO
IDENTIFY AREAS IN THE ELECTRIC AND NATURAL GAS  DISTRIBUTION  SYSTEM  OF
THE  STATE  THAT  WOULD BE EFFECTED BY THE DEVELOPMENT OF HYDROGEN-BASED
TECHNOLOGY OR FUEL CELL TECHNOLOGY;
  I. IDENTIFY POTENTIAL SOURCES OF FEDERAL FUNDS AND  COORDINATE  STATE,
UNIVERSITY, PUBLIC AND PRIVATE SECTOR EFFORTS TO SECURE SUCH FUNDS; AND

S. 6129                             4

  J.  IDENTIFY POTENTIAL AMENDMENTS TO STATE LAWS, REGULATIONS, OR POLI-
CIES INCLUDING THE USE OF REGIONAL  GREENHOUSE  GAS  INITIATIVE  (RGGI),
CONSENT  ORDERS  ISSUED  BY THE PUBLIC SERVICE COMMISSION RELATED TO THE
RENEWABLE PORTFOLIO STANDARD, THE SYSTEMS BENEFITS CHARGES,  AND  ENERGY
EFFICIENCY  PORTFOLIO  STANDARDS,  AND  OTHER  STATE POLICIES TO PROMOTE
HYDROGEN-BASED TECHNOLOGY AND FUEL CELLS.
  5. ANNUAL REPORTING.  THE CONSORTIUM SHALL SUBMIT THEIR REPORT TO  THE
GOVERNOR,  THE  TEMPORARY  PRESIDENT  OF  THE SENATE, THE SPEAKER OF THE
ASSEMBLY, THE MINORITY LEADER OF THE SENATE AND THE MINORITY  LEADER  OF
THE  ASSEMBLY  ON  OR BEFORE SEPTEMBER FIRST, TWO THOUSAND FOURTEEN, AND
ANNUALLY THEREAFTER.
  6. ASSISTANCE. TO EFFECTUATE THE PURPOSES OF  THIS  SECTION,  THE  NEW
YORK  STATE  ENERGY  RESEARCH  AND  DEVELOPMENT AUTHORITY IS DIRECTED TO
ASSIST THE CONSORTIUM IN THE DEVELOPMENT OF THE IMPLEMENTATION PLAN  AND
SPECIFIC  RECOMMENDATIONS  THAT  ADVANCE HYDROGEN-BASED TECHNOLOGY, FUEL
CELL DEVELOPMENT AND PRODUCTION AND THE NECESSARY INFRASTRUCTURE IN  NEW
YORK  STATE  IN ACCORDANCE WITH THIS SECTION. THE CONSORTIUM MAY REQUEST
FROM ANY DEPARTMENT, DIVISION, BOARD, BUREAU, COMMISSION  OR  AGENCY  OF
THE  STATE  TO PROVIDE TO THE CONSORTIUM SUCH FACILITIES, ASSISTANCE AND
DATA AS WILL ENABLE THE CONSORTIUM TO PROPERLY CARRY OUT ITS POWERS  AND
DUTIES.
  S 3. Section 1854 of the public authorities law is amended by adding a
new subdivision 22 to read as follows:
  22.  TO  PROVIDE  ASSISTANCE  TO  THE NEW YORK STATE CONSORTIUM ON THE
DEVELOPMENT OF A HYDROGEN ECONOMY AS  ESTABLISHED  IN  SECTION  EIGHTEEN
HUNDRED  EIGHTY-FOUR  OF  THIS  ARTICLE IN THE DEVELOPMENT OF THE REPORT
WHICH SHALL INCLUDE AN IMPLEMENTATION STRATEGY AND SPECIFIC  RECOMMENDA-
TIONS TO ADVANCE HYDROGEN-BASED TECHNOLOGY, FUEL CELLS AND THE NECESSARY
INFRASTRUCTURE  IN  NEW  YORK  STATE.  THE  AUTHORITY  IS AUTHORIZED AND
DIRECTED TO USE  ANY  MONIES  CURRENTLY  AVAILABLE  TO  EFFECTUATE  SUCH
REPORT.
  S 4. This act shall take effect immediately.

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