S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    788
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by M. of A. WOERNER, FAHY, ZEBROWSKI, BARRON, THIELE, WALKER,
   SANTABARBARA,   ENGLEBRIGHT,   GUNTHER,  JONES,  SIMON,  COOK,  GALEF,
   WILLIAMS, SAYEGH, DeSTEFANO, PICHARDO, GRIFFIN, HUNTER  --  read  once
   and referred to the Committee 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-q to read as follows:
   § 66-Q. 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, RENEWABLE 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01178-02-1

 A. 788                              2
 
 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.
   (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

 A. 788                              3
 
 AND THE MINORITY LEADER OF  THE  ASSEMBLY,  ON  THE  CLEAN  ENERGY  TECH
 PRODUCTION PROGRAM.
   § 2. This act shall take effect immediately.