S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1225
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2017
                                ___________
 
 Introduced  by  Sens. GRIFFO, CARLUCCI, CROCI, FUNKE, LITTLE, RITCHIE --
   read twice and ordered printed, and when printed to  be  committed  to
   the Committee on Energy and Telecommunications
 
 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
 MICRO  GRIDS,  ROOF-TOP  SOLAR,  FUEL  CELLS  AND  OTHER  ON-SITE  POWER
 SUPPLIES, AND STORAGE THROUGH AN ENERGY SAVINGS ACCOUNT.
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03370-01-7

 S. 1225                             2

   (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
 ________________________________________________________________________
 
                                  1225--B
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2017
                                ___________
 
 Introduced  by  Sens. GRIFFO, CARLUCCI, CROCI, FUNKE, LITTLE, RITCHIE --
   read twice and ordered printed, and when printed to  be  committed  to
   the  Committee  on Energy and Telecommunications -- reported favorably
   from said committee, ordered to first and second report, ordered to  a
   third  reading,  passed  by  Senate  and  delivered  to  the Assembly,
   recalled, vote reconsidered, restored to third  reading,  amended  and
   ordered  reprinted,  retaining its place in the order of third reading
   -- recommitted to the Committee on Energy  and  Telecommunications  in
   accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 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-p to read as follows:
   § 66-P. 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03370-04-8

 S. 1225--B                          2
 
   (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
 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

 S. 1225--B                          3
 
 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
 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.