Senate Bill S6310

                                 BILL NUMBER:  S6310

 TITLE OF BILL :
An act to amend the public service law, in relation to the definition
of alternate energy production facilities


 PURPOSE OF THE BILL :
The purpose of this bill is to encourage new, energy storage
technologies such as, but not limited to, pumped hydroelectric
generation, compressed air energy systems, batteries (including those
used for plug-in electric vehicles), capacitors, and flywheels.

 SUMMARY OF PROVISIONS :
Section 1 of this bill would amend Public Service Law (PSL) §2(2-b) to
except energy storage facilities such as pumped hydroelectric
generation, compressed air energy systems, batteries (including those
used for plug-in electric vehicles), capacitors, and flywheels with an
electric generating capacity of up to eighty megawatts from the
definition of facilities giving rise to an "electric corporation" that
is subject to the jurisdiction of the Public Service Commission
(Commission).

Section 2 of this bill provides that the bill will take effect
immediately.

              

 EXISTING LAW :
PSL §2(2-b) defines an "alternate energy production facility" to
include any solar, wind turbine, waste management resource recovery,
refuse-derived fuel or wood burning facility with an electric
generating capacity of up to eighty megawatts which produces
electricity, gas or useful thermal energy.

 PRIOR LEGISLATIVE HISTORY :
None. However, in 2009 a Public Service Commission (PSC) departmental
bill was signed into law as Ch. 276 of the Laws of 2009. That
departmental made a technical change to PSL sec. 2(2b) to add several
new types of alternative/renewable energy technologies to the existing
law.

 STATEMENT IN SUPPORT :
Although pumped hydroelectric generation, compressed air energy
systems, batteries (including those used for plug-in electric
vehicles), capacitors and flywheels, are not new energy storage
technologies, their technology has advanced significantly enough for
inclusion in a renewable portfolio, and the ability to pair these
technologies with renewable energy resources can make dramatic
improvements in emissions reduction.

In addition, energy storage technologies can optimize the State's
electric system in a number of ways. They could store renewable energy
generated off-peak, for when it is needed during periods of peak
demand. Energy storage technologies can also provide very rapid
frequency and regulation support, responding to signals from the New
York Independent System Operator (NYISO) much faster than traditional
load-following fossil-fuel generation systems.

The inclusion of energy storage technologies in the definition of
"alternative energy production facility" under PSL, Section 2(2-b),
will exempt such energy storage facilities up to 80 MW from the
jurisdiction of PSC. This would reduce the time and cost of
permitting, and encourage the development of these technologies.

 BUDGET IMPLICATIONS :
None.

 EFFECTIVE DATE :
This bill would become effective upon enactment.