S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1705
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 12, 2017
                                ___________
 
 Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
   tee on Energy
 
 AN ACT to amend the public service law, in relation to establishing  the
   New York state clean energy tech production program
 
   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-o to read as follows:
   §  66-O.  NEW  YORK STATE CLEAN ENERGY TECH PRODUCTION PROGRAM. 1. (A)
 THE COMMISSION SHALL, WITHIN FORTY-FIVE DAYS OF THE  EFFECTIVE  DATE  OF
 THIS SECTION, COMMENCE A PROCEEDING TO ESTABLISH A SELF-DIRECTED PROGRAM
 FOR  ITS  INDUSTRIAL,  COMMERCIAL AND LARGE USERS, IN ORDER TO STIMULATE
 THE GROWTH AND ADOPTION OF MORE EFFICIENT USE OF ENERGY, GREATER USE  OF
 ADVANCED  ENERGY  MANAGEMENT  PRODUCTS,  DEEPER PENETRATION OF RENEWABLE
 ENERGY  RESOURCES  SUCH  AS  WIND,  SOLAR,  GEOTHERMAL,  AND   ANAEROBIC
 DIGESTION,  WIDER  DEPLOYMENT OF "DISTRIBUTED" ENERGY RESOURCES, SUCH AS
 MICRO  GRIDS,  ROOF-TOP  SOLAR,  FUEL  CELLS  AND  OTHER  ON-SITE  POWER
 SUPPLIES, AND STORAGE.
   2.  THE  COMMISSION,  IN  COLLABORATION  WITH  THE UTILITIES AND LARGE
 INDUSTRIAL CUSTOMERS, SHALL DEVELOP, OVERSEE AND ISSUE GUIDELINES ESTAB-
 LISHING RULES AND PRINCIPLES FOR THE SELF-DIRECTED PROGRAM  WHICH  SHALL
 INCLUDE THE FOLLOWING ELEMENTS:
   (A)  A  PROGRAM STRUCTURE THAT ALLOWS INDUSTRIAL, COMMERCIAL AND LARGE
 USERS TO TREAT  THEIR  EXISTING  AND  FUTURE  CLEAN  ENERGY  SURCHARGES;
 INCLUDING,  BUT  NOT  LIMITED TO, SURCHARGES TO SUPPORT THE CLEAN ENERGY
 FUND, THE SYSTEM BENEFITS CHARGE, THE RENEWABLE PORTFOLIO STANDARD,  THE
 ENERGY  EFFICIENCY  PORTFOLIO  STANDARD AND ENERGY EFFICIENCY TRANSITION
 IMPLEMENTATION PLANS AS DEDICATED FUNDS FOR ENERGY  EFFICIENCY,  GREATER
 USE OF ADVANCED ENERGY MANAGEMENT PRODUCTS, DEEPER PENETRATION OF RENEW-
 ABLE  ENERGY  RESOURCES  SUCH  AS WIND, SOLAR, GEOTHERMAL, AND ANAEROBIC
 DIGESTION, WIDER DEPLOYMENT OF "DISTRIBUTED" ENERGY RESOURCES,  SUCH  AS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03370-01-7

 A. 1705                             2
 
 MICRO  GRIDS,  ROOF-TOP  SOLAR,  FUEL  CELLS  AND  OTHER  ON-SITE  POWER
 SUPPLIES, AND STORAGE THROUGH AN ENERGY SAVINGS ACCOUNT.
   (B)  THE  SELF-DIRECTED  PROGRAM  SHALL BE AVAILABLE TO ALL INDIVIDUAL
 CUSTOMERS WITH A THIRTY-SIX MONTH AVERAGE DEMAND  OF  TWO  MEGAWATTS  OR
 GREATER AS WELL AS CUSTOMERS WITH AN AGGREGATED THIRTY-SIX MONTH AVERAGE
 DEMAND  OF  FOUR  MEGAWATTS  OR  GREATER  AS  LONG AS ONE OR MORE OF THE
 ACCOUNTS BEING AGGREGATED BY THE CUSTOMER  HAS  AT  LEAST  A  THIRTY-SIX
 MONTH AVERAGE DEMAND OF ONE MEGAWATT.
   (C)  A  MECHANISM TO RECOUP PAID FUNDS FROM SELF-DIRECTED CUSTOMERS IF
 IT IS DETERMINED THAT FUNDS CONTAINED IN THE ENERGY SAVINGS ACCOUNT WERE
 UTILIZED ERRONEOUSLY OR IF PLANNED ENERGY  EFFICIENCY  SAVINGS  DID  NOT
 ACTUALLY OCCUR.
   (D)  A  REQUIREMENT  THAT  AFTER  SEVEN  YEARS  ANY  UNUSED SURCHARGES
 CONTAINED IN THE ENERGY SAVING  ACCOUNT  SHALL  BE  MADE  AVAILABLE  FOR
 ORIGINAL PURPOSES OF THE SURCHARGE.
   (E)  A  REQUIREMENT  TO COLLECT AND ESTABLISH SELF-DIRECTED CUSTOMERS'
 BASELINE ENERGY USE DATA.
   (F) A METHOD TO MEASURE AND  VERIFY  ALL  CLAIMED  ENERGY  OBJECTIVES,
 USING  THE  SAME  STANDARDS  FOR  DATA  COLLECTION AS OTHER EXISTING AND
 FUTURE CLEAN ENERGY SURCHARGES.
   (G) OFFERING SELF-DIRECTED CUSTOMERS MULTI-YEAR  TIME  FRAMES  GREATER
 THAN  THIRTY-FIVE MONTHS IN WHICH TO EXPEND AGGREGATED ENERGY EFFICIENCY
 FEES.
   (H) A MEANS  TO  CALCULATE  ENERGY  OPTIMIZATION  ESTABLISHED  BY  THE
 COMMISSION AND BASED ON ANNUAL ELECTRICITY USAGE, PROVIDED THAT:
   (1)  ANNUAL  ELECTRICITY  USAGE SHALL BE NORMALIZED SO THAT NEITHER OF
 THE FOLLOWING ARE INCLUDED IN  THE  CALCULATION  OF  THE  PERCENTAGE  OF
 INCREMENTAL  ENERGY SAVINGS: (I) CHANGES IN ELECTRICITY USAGE BECAUSE OF
 CHANGES IN BUSINESS ACTIVITY LEVELS NOT ATTRIBUTABLE TO ENERGY OPTIMIZA-
 TION; (II) CHANGES IN ELECTRICITY USAGE  BECAUSE  OF  THE  INSTALLATION,
 OPERATION, OR TESTING OF POLLUTION CONTROL EQUIPMENT.
   (2)  SAVINGS  MAY ALSO BE CALCULATED ON THE AVERAGE NUMBER OF MEGAWATT
 HOURS OF ELECTRICITY SOLD BY THE ELECTRIC PROVIDER ANNUALLY  DURING  THE
 PREVIOUS THREE YEARS TO RETAIL CUSTOMERS IN THIS STATE.
   (I)  THE SELF-DIRECTED CUSTOMER MUST DEVELOP A SELF-DIRECTED OPTIMIZA-
 TION PLAN. SUCH PLAN SHALL OUTLINE HOW THE CUSTOMER INTENDS  TO  ACHIEVE
 THE GOALS OF THE SELF-DIRECTED PROGRAM.
   (J)  A  CUSTOMER IMPLEMENTING A SELF-DIRECTED ENERGY OPTIMIZATION PLAN
 SHALL PROVIDE A BRIEF REPORT BIANNUALLY DOCUMENTING THE  MEASURES  TAKEN
 TO MEET THE GOALS OF THE SELF-DIRECTED PROGRAM. THE REPORT SHALL PROVIDE
 SUFFICIENT  INFORMATION  FOR THE UTILITIES AND THE COMMISSION TO MONITOR
 PROGRESS TOWARD THE GOALS IN THE SELF-DIRECTED PLAN AND TO DEVELOP RELI-
 ABLE ESTIMATES OF THE ENERGY SAVINGS, RENEWABLE POWER  GENERATED  AND/OR
 THE  DEPLOYMENT  OF DISTRIBUTED ENERGY RESOURCES THAT ARE BEING ACHIEVED
 FROM SELF-DIRECTED PLANS.
   (K) PARTICIPANTS WILL HAVE THE OPPORTUNITY TO SELF-DIRECT  A  MAJORITY
 OF  THEIR  OWN  CONTRIBUTIONS TO QUALIFYING PROJECTS, PROVIDED, HOWEVER,
 THAT A PORTION OF THE CONTRIBUTIONS, EQUAL TO NO MORE THAN ONE  PERCENT,
 IS  ALLOCATED TO SUPPORT PROGRAM ADMINISTRATION AND EVALUATION, MEASURE-
 MENT AND VERIFICATION.
   3. THE COMMISSION SHALL PROVIDE AN ANNUAL  REPORT  ON  OR  BEFORE  THE
 FIRST  DAY  OF  JANUARY  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 THE CLEAN ENERGY TECH
 PRODUCTION PROGRAM.
   § 2. This act shall take effect immediately.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1705--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 12, 2017
                                ___________
 
 Introduced  by M. of A. WOERNER, HUNTER -- read once and referred to the
   Committee on Energy -- committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT to amend the public service law, in relation to establishing the
   New York state clean energy tech production program

   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-o to read as follows:
   § 66-O. NEW YORK STATE CLEAN ENERGY TECH PRODUCTION  PROGRAM.  1.  THE
 COMMISSION  SHALL,  WITHIN FORTY-FIVE DAYS OF THE EFFECTIVE DATE OF THIS
 SECTION, COMMENCE A PROCEEDING TO ESTABLISH A SELF-DIRECTED PROGRAM  FOR
 ITS INDUSTRIAL, COMMERCIAL AND LARGE ENERGY USERS, IN ORDER TO STIMULATE
 THE  GROWTH AND ADOPTION OF MORE EFFICIENT USE OF ENERGY, GREATER USE OF
 ADVANCED ENERGY MANAGEMENT PRODUCTS,  DEEPER  PENETRATION  OF  RENEWABLE
 ENERGY  RESOURCES  SUCH AS WIND, SOLAR, GEOTHERMAL, RENEWABLE BIOMASS OR
 BIOGAS AND ANAEROBIC DIGESTION, WIDER DEPLOYMENT OF "DISTRIBUTED" ENERGY
 RESOURCES, SUCH AS MICRO GRIDS, ROOF-TOP SOLAR,  FUEL  CELLS  AND  OTHER
 ON-SITE POWER SUPPLIES, AND ENERGY STORAGE.
   2.  THE  COMMISSION,  IN  COLLABORATION  WITH  THE UTILITIES AND LARGE
 INDUSTRIAL CUSTOMERS, SHALL DEVELOP, OVERSEE AND ISSUE GUIDELINES ESTAB-
 LISHING RULES AND PRINCIPLES FOR THE SELF-DIRECTED PROGRAM  WHICH  SHALL
 INCLUDE THE FOLLOWING ELEMENTS:
   (A)  A  PROGRAM STRUCTURE THAT ALLOWS INDUSTRIAL, COMMERCIAL AND LARGE
 USERS TO TREAT  THEIR  EXISTING  AND  FUTURE  CLEAN  ENERGY  SURCHARGES;
 INCLUDING,  BUT  NOT  LIMITED TO, SURCHARGES TO SUPPORT THE CLEAN ENERGY
 FUND, THE SYSTEM BENEFITS CHARGE, THE RENEWABLE PORTFOLIO STANDARD,  THE
 ENERGY  EFFICIENCY  PORTFOLIO  STANDARD AND ENERGY EFFICIENCY TRANSITION
 IMPLEMENTATION PLANS AS DEDICATED FUNDS FOR ENERGY  EFFICIENCY,  GREATER
 USE OF ADVANCED ENERGY MANAGEMENT PRODUCTS, DEEPER PENETRATION OF RENEW-
 ABLE  ENERGY  RESOURCES  SUCH  AS WIND, SOLAR, GEOTHERMAL, AND ANAEROBIC
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03370-02-7

 A. 1705--A                          2
 
 DIGESTION, WIDER DEPLOYMENT OF "DISTRIBUTED" ENERGY RESOURCES,  SUCH  AS
 MICRO  GRIDS,  ROOF-TOP  SOLAR,  FUEL  CELLS  AND  OTHER  ON-SITE  POWER
 SUPPLIES, AND ENERGY STORAGE THROUGH AN ENERGY SAVINGS ACCOUNT.
   (B)  THE  SELF-DIRECTED  PROGRAM  SHALL BE AVAILABLE TO ALL INDIVIDUAL
 CUSTOMERS WITH A THIRTY-SIX MONTH AVERAGE DEMAND  OF  TWO  MEGAWATTS  OR
 GREATER AS WELL AS CUSTOMERS WITH AN AGGREGATED THIRTY-SIX MONTH AVERAGE
 DEMAND  OF  FOUR  MEGAWATTS  OR  GREATER  AS  LONG AS ONE OR MORE OF THE
 ACCOUNTS BEING AGGREGATED BY THE CUSTOMER  HAS  AT  LEAST  A  THIRTY-SIX
 MONTH AVERAGE DEMAND OF ONE MEGAWATT.
   (C)  A  MECHANISM TO RECOUP PAID FUNDS FROM SELF-DIRECTED CUSTOMERS IF
 IT IS DETERMINED THAT FUNDS CONTAINED IN THE ENERGY SAVINGS ACCOUNT WERE
 UTILIZED ERRONEOUSLY OR IF PLANNED ENERGY EFFICIENCY OR  OTHER  PROJECTS
 PERMITTED HEREIN DID NOT ACTUALLY OCCUR.
   (D)  A  REQUIREMENT  THAT  AFTER  SEVEN  YEARS  ANY  UNUSED SURCHARGES
 CONTAINED IN THE ENERGY SAVING  ACCOUNT  SHALL  BE  MADE  AVAILABLE  FOR
 ORIGINAL PURPOSES OF THE SURCHARGE.
   (E)  A  REQUIREMENT  TO COLLECT AND ESTABLISH SELF-DIRECTED CUSTOMERS'
 BASELINE ENERGY USE DATA.
   (F) A METHOD TO MEASURE AND  VERIFY  ALL  CLAIMED  ENERGY  OBJECTIVES,
 USING  THE  SAME  STANDARDS  FOR  DATA  COLLECTION AS OTHER EXISTING AND
 FUTURE CLEAN ENERGY SURCHARGES.
   (G) OFFERING SELF-DIRECTED CUSTOMERS MULTI-YEAR  TIME  FRAMES  GREATER
 THAN  THIRTY-FIVE MONTHS IN WHICH TO EXPEND AGGREGATED ENERGY EFFICIENCY
 FEES.
   (H) A MEANS  TO  CALCULATE  ENERGY  OPTIMIZATION  ESTABLISHED  BY  THE
 COMMISSION AND BASED ON ANNUAL ELECTRICITY USAGE, PROVIDED THAT:
   (1)  ANNUAL  ELECTRICITY  USAGE SHALL BE NORMALIZED SO THAT NEITHER OF
 THE FOLLOWING ARE INCLUDED IN  THE  CALCULATION  OF  THE  PERCENTAGE  OF
 INCREMENTAL  ENERGY SAVINGS: (I) CHANGES IN ELECTRICITY USAGE BECAUSE OF
 CHANGES IN BUSINESS ACTIVITY LEVELS NOT ATTRIBUTABLE TO ENERGY OPTIMIZA-
 TION; (II) CHANGES IN ELECTRICITY USAGE  BECAUSE  OF  THE  INSTALLATION,
 OPERATION, OR TESTING OF POLLUTION CONTROL EQUIPMENT.
   (2)  SAVINGS  MAY ALSO BE CALCULATED ON THE AVERAGE NUMBER OF MEGAWATT
 HOURS OF ELECTRICITY SOLD BY THE ELECTRIC PROVIDER ANNUALLY  DURING  THE
 PREVIOUS THREE YEARS TO RETAIL CUSTOMERS IN THIS STATE.
   (I)  THE SELF-DIRECTED CUSTOMER MUST DEVELOP A SELF-DIRECTED OPTIMIZA-
 TION PLAN. SUCH PLAN SHALL OUTLINE HOW THE CUSTOMER INTENDS  TO  ACHIEVE
 THE GOALS OF THE SELF-DIRECTED PROGRAM.
   (J)  A  CUSTOMER IMPLEMENTING A SELF-DIRECTED ENERGY OPTIMIZATION PLAN
 SHALL PROVIDE A BRIEF REPORT BIANNUALLY DOCUMENTING THE  MEASURES  TAKEN
 TO MEET THE GOALS OF THE SELF-DIRECTED PROGRAM. THE REPORT SHALL PROVIDE
 SUFFICIENT  INFORMATION  FOR THE UTILITIES AND THE COMMISSION TO MONITOR
 PROGRESS TOWARD THE GOALS IN THE SELF-DIRECTED PLAN AND TO DEVELOP RELI-
 ABLE ESTIMATES OF THE ENERGY SAVINGS, RENEWABLE POWER  GENERATED  AND/OR
 THE  DEPLOYMENT  OF DISTRIBUTED ENERGY RESOURCES THAT ARE BEING ACHIEVED
 FROM SELF-DIRECTED PLANS.
   (K) PARTICIPANTS WILL HAVE THE OPPORTUNITY TO SELF-DIRECT ALL OF THEIR
 OWN CONTRIBUTIONS OTHERWISE RECOVERED THROUGH SURCHARGES  TO  QUALIFYING
 PROJECTS,  PROVIDED, HOWEVER, THAT A PORTION OF THE CONTRIBUTIONS, EQUAL
 TO NO MORE THAN ONE PERCENT, IS ALLOCATED TO  SUPPORT  PROGRAM  ADMINIS-
 TRATION AND EVALUATION, MEASUREMENT AND VERIFICATION.
   (L)  A  MECHANISM  TO  PROVIDE  THAT  MEASURES  TAKEN BY SELF-DIRECTED
 CUSTOMERS, TO MEET THE GOALS OF THE  SELF-DIRECTED  PROGRAM,  SHOULD  BE
 ACCREDITED  TO  THE APPROPRIATE PROGRAM GOALS OF THE UTILITY AND/OR LOAD
 SERVING ENTITY OF THE SELF-DIRECTED CUSTOMER. NOTHING CONTAINED IN  THIS

 A. 1705--A                          3
 
 SECTION  SHALL  BE  CONSTRUED  AS  TRANSFERRING  THE  OBLIGATIONS OF ONE
 CUSTOMER CLASS TO ANOTHER CUSTOMER CLASS.
   (M)  A REQUIREMENT THAT SELF-DIRECT CUSTOMERS MATCH SEVEN AND ONE-HALF
 PERCENT OF SELF-DIRECTED ENERGY OPTIMIZATION PLAN TOTAL  COSTS  PROVIDED
 SUCH  MATCHING  CONTRIBUTION MAY BE IN THE FORM OF A FINANCIAL AND/OR IN
 KIND CONTRIBUTION.
   3. THE COMMISSION SHALL PROVIDE AN ANNUAL  REPORT  ON  OR  BEFORE  THE
 FIRST  DAY  OF  JANUARY  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 THE CLEAN ENERGY TECH
 PRODUCTION PROGRAM.
   § 2. This act shall take effect immediately.