S T A T E O F N E W Y O R K
________________________________________________________________________
4783
2011-2012 Regular Sessions
I N A S S E M B L Y
February 7, 2011
___________
Introduced by M. of A. MORELLE, DESTITO, HOYT, LUPARDO, MAGEE, MAGNAREL-
LI, REILLY, RUSSELL, SCHROEDER, SPANO, TITONE, MAISEL, LAVINE, ENGLE-
BRIGHT, HEVESI, N. RIVERA, JAFFEE -- Multi-Sponsored by -- M. of A.
BING, BURLING, CAHILL, CANESTRARI, CROUCH, GABRYSZAK, GANTT, GIBSON,
GLICK, GUNTHER, KATZ, LATIMER, LIFTON, McENENY, McKEVITT, McLAUGHLIN,
OAKS, PEOPLES-STOKES, REILICH, ROBINSON, SCHIMMINGER, SIMOTAS -- read
once and referred to the Committee on Corporations, Authorities and
Commissions
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08521-01-1
A. 4783 2
(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
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-
A. 4783 3
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.
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
A. 4783 4
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
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 ELEVEN, 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 ADVANCES 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 19 to read as follows:
19. 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.