S T A T E O F N E W Y O R K
________________________________________________________________________
8587
I N S E N A T E
May 10, 2018
___________
Introduced by Sen. GRIFFO -- 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 establishing
the resiliency rebate program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. The legislature hereby declares that it
shall be the policy of the state of New York to be prepared for natural
disasters, man-made disasters, and other emergencies by making invest-
ments to ensure that critical facilities and residential facilities
impacted by electrical outages are able to maintain critical loads
during grid outages due to natural disasters, man-made disasters and
other emergencies.
The legislature further declares that it shall be the policy of this
state to ensure that New York's residents and critical facilities are
prepared to withstand natural disasters, man-made disasters, and other
emergencies by investing in resiliency infrastructure that provides
reliable and clean backup power.
§ 2. The public authorities law is amended by adding a new section
1884 to read as follows:
§ 1884. RESILIENCY REBATE PROGRAM. 1. DEFINITIONS. AS USED IN THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "CRITICAL FACILITY" MEANS POLICE STATIONS, FIRE STATIONS, HOSPI-
TALS, NURSING HOMES, EMERGENCY SHELTERS, AND SUCH OTHER CRITICAL INFRAS-
TRUCTURE THAT MAY BE DESIGNATED AS SUCH BY THE GOVERNOR.
(B) "ELIGIBLE RESILIENCY FACILITY" MEANS A RENEWABLE ENERGY GENERATING
SYSTEM THAT IS:
(I) INSTALLED ON THE PROPERTY OF A RESIDENTIAL FACILITY OR A CRITICAL
FACILITY;
(II) SIZED TO POWER AT LEAST FIFTY PERCENT BUT NOT MORE THAN ONE
HUNDRED TEN PERCENT OF THE RESIDENTS OR CRITICAL INFRASTRUCTURE ANNUAL
ELECTRICAL REQUIREMENTS;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15864-01-8
S. 8587 2
(III) CAPABLE OF ISOLATING FROM THE ELECTRIC GRID AND OPERATING INDE-
PENDENTLY DURING PERIODS OF ELECTRICAL OUTAGES;
(IV) NOT OWNED BY AN ELECTRIC UTILITY; AND
(V) ANNUALLY PROVIDES TO THE NEW YORK STATE ENERGY RESEARCH AND DEVEL-
OPMENT AUTHORITY CYCLE DATA VERIFYING THAT THE SYSTEM PERFORMED GRID
SERVICES BY DISCHARGING AT LEAST TWENTY-SIX FULL CYCLE EQUIVALENTS,
EVIDENCING A BENEFIT TO THE ELECTRICITY SYSTEM.
(C) "GRID SERVICES" MEANS THE CAPACITY OR ANCILLARY SERVICES OR TIME-
VARYING DISPATCH OF ENERGY PROVIDED BY AN ELIGIBLE RESILIENCY FACILITY
TO THE ELECTRIC DISTRIBUTION GRID THAT ARE DISTINCT FROM THE SERVICES
PROVIDED BY THE ELIGIBLE RESILIENCY FACILITY TO THE RESILIENCY FACILITY
USER.
(D) "MOBILE ENERGY STORAGE DEVICE" MEANS AN ENERGY STORAGE DEVICE
POWERED BY RENEWABLE ENERGY THAT IS:
(I) NOT PERMANENTLY AFFIXED OR INTERCONNECTED TO THE ELECTRIC GRID;
(II) CAPABLE OF INTERCONNECTING TO THE ELECTRIC GRID OR NOT INTERCON-
NECTING WITH THE ELECTRIC GRID BUT OPERATING INDEPENDENTLY DURING PERI-
ODS OF ELECTRICAL OUTAGES AT THE LOCATION TO WHICH IT IS DEPLOYED;
(III) SIZED TO PROVIDE CONTINUOUS POWER OUTPUT AT A REASONABLE LEVEL
TO SERVE COMMUNITY OR CRITICAL INFRASTRUCTURE NEEDS; AND
(IV) NOT OWNED BY AN ELECTRIC UTILITY.
(E) "RESIDENTIAL FACILITY" MEANS A SINGLE OR MULTI-FAMILY HOME.
(F) "RESILIENCY FACILITY OWNER" MEANS THE PERSON, INDIVIDUAL, PARTNER-
SHIP, CORPORATION, ASSOCIATION, OR PUBLIC OR PRIVATE ORGANIZATION THAT
HOLDS LEGAL TITLE TO AN ELIGIBLE RESILIENCY FACILITY.
(G) "RESILIENCY FACILITY USER" MEANS THE REAL PROPERTY OWNER, OR THE
REAL PROPERTY OWNER'S LESSEES OR TENANTS, WHOM THE ENERGY SERVICES FROM
AN ELIGIBLE RESILIENCY FACILITY ARE PRIMARILY INTENDED TO BENEFIT.
(H) "RENEWABLE ENERGY GENERATION SYSTEM" MEANS AN ELECTRIC GENERATING
FACILITY FOR WHICH THE PRIMARY FUEL SOURCE IS A RENEWABLE ENERGY
RESOURCE AS DEFINED IN SUBDIVISION TWELVE OF SECTION 1-103 OF THE ENERGY
LAW AND INCLUDES AN ELECTRICAL ENERGY STORAGE DEVICE INSTALLED AS A
COMPONENT OF THE ELECTRIC GENERATING FACILITY OR INTEGRATED AFTER
INSTALLATION OF THE ELECTRIC GENERATING FACILITY.
(I) "ELECTRICAL ENERGY STORAGE DEVICE" MEANS A SYSTEM THAT SHALL DO
ONE OR MORE OF THE FOLLOWING: (I) USE MECHANICAL, CHEMICAL, OR THERMAL
PROCESSES TO STORE ENERGY THAT WAS GENERATED AT ONE TIME FOR USE AT A
LATER TIME; OR (II) USE MECHANICAL, CHEMICAL, OR THERMAL PROCESSES TO
STORE ENERGY GENERATED FROM RENEWABLE RESOURCES FOR USE AT A LATER TIME.
2. RESILIENCY REBATE PROGRAM. (A) THERE IS HEREBY ESTABLISHED A RESI-
LIENCY REBATE PROGRAM THAT SHALL BE ADMINISTERED BY THE NEW YORK STATE
ENERGY RESEARCH AND DEVELOPMENT AUTHORITY IN A MANNER CONSISTENT WITH
THIS CHAPTER.
(B) THE RESILIENCY REBATE PROGRAM SHALL APPLY TO ELIGIBLE RESILIENCY
FACILITIES INSTALLED AT ANY CRITICAL FACILITY OR RESIDENTIAL FACILITY
LOCATED IN THE STATE.
(C) TO IMPLEMENT THE RESILIENCY REBATE PROGRAM, THE AUTHORITY SHALL:
(I) FUND REBATES FOR THE PURCHASE OR LEASE AND INSTALLATION OF ELIGI-
BLE RESILIENCY FACILITIES ON A FIRST COME, FIRST SERVED BASIS IN ACCORD-
ANCE WITH THIS SECTION;
(II) ALLOCATE TWENTY-FIVE PERCENT OF THE FUNDING MADE AVAILABLE FOR
REBATES ISSUED PURSUANT TO THIS SECTION TO LOW- TO MODERATE-INCOME
HOUSEHOLDS AS DEFINED IN THE AUTHORITY'S CLEAN ENERGY FUND IMPLEMENTA-
TION PLAN.
(III) PREPARE ANY FORMS THAT MAY BE NECESSARY FOR THE RESILIENCY
FACILITY OWNER TO CLAIM A RESILIENCY REBATE;
S. 8587 3
(IV) ESTABLISH ON ITS WEBSITE AN ONLINE MARKETPLACE THAT INCLUDES A
LIST OF PROVIDERS OF ELIGIBLE RESILIENCY FACILITIES; AND
(V) ESTABLISH GUIDELINES NECESSARY TO EFFECTUATE THE PURPOSES OF THIS
SECTION, INCLUDING THE ESTABLISHMENT OF ANY PROCEDURES NECESSARY TO
ALLOW RESILIENCY FACILITY OWNERS TO SECURE THE REBATE.
(D) A RESILIENCY FACILITY OWNER MAY APPLY TO THE AUTHORITY TO CLAIM A
ONE-TIME REBATE PER ELIGIBLE RESILIENCY FACILITY.
(E) A RESILIENCY FACILITY OWNER SHALL BE ENTITLED TO RECEIVE REBATES
FOR ELIGIBLE RESILIENCY FACILITIES IN THE AMOUNT OF FIVE HUNDRED DOLLARS
PER KWH OF THE ELECTRICAL ENERGY STORAGE DEVICE INSTALLED WITH THE
RENEWABLE ENERGY GENERATION SYSTEM OR INTEGRATED AFTER INSTALLATION OF
THE RENEWABLE ENERGY GENERATION SYSTEM, BUT NOT MORE THAN:
(I) FOUR THOUSAND FIVE HUNDRED DOLLARS PER RESILIENCY FACILITY USER OF
A SINGLE-FAMILY HOME;
(II) FIFTY THOUSAND DOLLARS PER RESILIENCY FACILITY USER OF A MULTI-
FAMILY HOME; OR
(III) FIFTY THOUSAND DOLLARS PER RESILIENCY FACILITY USER OF A CRIT-
ICAL FACILITY.
(F) THE REBATE SHALL BE MADE AVAILABLE FOR ELIGIBLE RESILIENCY FACILI-
TIES FIRST PLACED IN SERVICE AFTER JUNE THIRTIETH, TWO THOUSAND EIGH-
TEEN.
3. MOBILE ENERGY STORAGE PILOT PROGRAM. (A) THE AUTHORITY SHALL ESTAB-
LISH A MOBILE ENERGY STORAGE PILOT PROGRAM TO AWARD FUNDING FOR MOBILE
ENERGY STORAGE DEVICES CAPABLE OF BEING DEPLOYED TO PROVIDE ELECTRICITY
TO ANY PARTICULAR LOCATION IN THE EVENT OF AN ELECTRICAL OUTAGE.
(B) THE AUTHORITY SHALL INCREASE THE FUNDS AVAILABLE FOR MOBILE ENERGY
STORAGE DEVICES FOR THOSE DEVICES THAT CAN PROVIDE GRID SERVICES WHEN
NOT DEPLOYED FOR ELECTRICAL OUTAGE WORK.
(C) THE AUTHORITY SHALL ESTABLISH THE MOBILE ENERGY STORAGE DEVICE
PILOT PROGRAM BY OCTOBER FIRST, TWO THOUSAND EIGHTEEN.
§ 3. The public authorities law is amended by adding a new section
1020-mm to read as follows:
§ 1020-MM. RESILIENCY REBATE PROGRAM AND MOBILE ENERGY STORAGE PILOT
PROGRAM. THE AUTHORITY SHALL, IN COORDINATION WITH THE NEW YORK ENERGY
RESEARCH AND DEVELOPMENT AUTHORITY, ESTABLISH THE RESILIENCY REBATE
PROGRAM AND THE MOBILE ENERGY STORAGE PILOT PROGRAM AS SET FORTH AND
DEFINED IN SECTION EIGHTEEN HUNDRED EIGHTY-FOUR OF THIS CHAPTER.
§ 4. This act shall take effect immediately.