Assembly Bill A8094

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8094
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 11, 2021
                                ___________
 
 Introduced by M. of A. CUSICK -- read once and referred to the Committee
   on Energy
 
 AN  ACT  to  amend the public service law, in relation to establishing a
   program for eligible zero emissions energy systems
 
   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-s to read as follows:
   § 66-S. ESTABLISHMENT OF A ZERO EMISSIONS ENERGY SYSTEMS  PROGRAM.  1.
 AS USED IN THIS SECTION:
   (A)  "ZERO EMISSIONS ENERGY SYSTEMS" MEANS SYSTEMS, OTHER THAN RENEWA-
 BLE ENERGY SYSTEMS, THAT GENERATE ELECTRICITY OR THERMAL ENERGY  THROUGH
 THE USE OF TECHNOLOGIES THAT DO NOT LEAD TO A NET INCREASE IN GREENHOUSE
 GAS EMISSIONS INTO THE ATMOSPHERE AT ANY TIME IN THE PROCESS OF GENERAT-
 ING ELECTRICITY;
   (B)  "RENEWABLE  ENERGY  SYSTEMS"  SHALL  HAVE THE MEANING PROVIDED IN
 SECTION SIXTY-SIX-P OF THIS ARTICLE; AND
   (C) "GREENHOUSE GAS"  SHALL  HAVE  THE  MEANING  PROVIDED  IN  SECTION
 75-0101 OF THE ENVIRONMENTAL CONSERVATION LAW.
   2. NO LATER THAN ONE YEAR FROM THE EFFECTIVE DATE OF THIS SECTION, THE
 COMMISSION  SHALL  ESTABLISH  A  COMPETITIVE  PROGRAM TO PROMOTE PRIVATE
 SECTOR INVESTMENT IN A MINIMUM OF ONE GIGAWATT OF INSTALLED CAPACITY  OF
 ZERO  EMISSIONS  ENERGY  SYSTEMS THAT USE ELIGIBLE TECHNOLOGIES THAT THE
 COMMISSION HAS DETERMINED, AFTER NOTICE AND PROVISION FOR  THE  OPPORTU-
 NITY  TO  COMMENT,  ARE  OPERATIONALLY  CAPABLE BY THE YEAR TWO THOUSAND
 THIRTY OF PROVIDING THE OPERATING FLEXIBILITY AND  LONGER-TERM  PERFORM-
 ANCE  THAT THE ELECTRIC GRID SYSTEM WILL REQUIRE.  THE COMMISSION SHALL:
 (A) ESTABLISH A COMPETITIVE PROGRAM, AFTER NOTICE AND PROVISION FOR  THE
 OPPORTUNITY  TO  COMMENT,  FOR  THE PURPOSE OF MEETING THE TARGET ESTAB-
 LISHED PURSUANT TO SECTION SIXTY-SIX-P OF THIS ARTICLE THAT BY THE  YEAR
 TWO  THOUSAND  FORTY THE STATEWIDE ELECTRICAL DEMAND SYSTEM WILL BE ZERO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11531-02-1

 A. 8094                             2
 
 EMISSIONS; (B) COMMENCE THE IMPLEMENTATION OF THE PROGRAM NO LATER  THAN
 TWO  YEARS FROM THE EFFECTIVE DATE OF THIS SECTION; AND (C) REQUIRE THAT
 ZERO EMISSIONS ENERGY SYSTEMS SUBJECT TO THE PROVISIONS OF THIS  SECTION
 SHALL COMMENCE COMMERCIAL OPERATION BY THE YEAR TWO THOUSAND THIRTY.
   3.  THE COMMISSION MAY TEMPORARILY MODIFY THE OBLIGATIONS UNDER SUCH A
 PROGRAM UPON ITS FINDING THAT THE PROGRAM: IMPEDES THE PROVISION OF SAFE
 AND ADEQUATE ELECTRIC SERVICES; IS  LIKELY  TO  IMPAIR  OBLIGATIONS  AND
 AGREEMENTS;  AND/OR  RESULTS  IN  A  SIGNIFICANT  INCREASE IN ARREARS OR
 SERVICE DISCONNECTIONS THAT THE COMMISSION DETERMINES ARE RELATED TO THE
 PROGRAM.
   4. NO LATER THAN THREE YEARS FROM THE EFFECTIVE DATE OF  THIS  SECTION
 AND  EVERY TWO YEARS THEREAFTER, OR UPON MODIFICATION OF THE OBLIGATIONS
 UNDER THE PROGRAM, THE COMMISSION SHALL CONDUCT A  COMPREHENSIVE  REVIEW
 AND  ISSUE A WRITTEN ASSESSMENT OF THE PROGRAM TO DETERMINE, AMONG OTHER
 MATTERS, PROGRESS IN MEETING THE TARGET FOR THE DEPLOYMENT OF ZERO EMIS-
 SIONS ENERGY SYSTEMS.
   § 2. The public service law is amended by adding a new section 66-t to
 read as follows:
   § 66-T. REQUIREMENTS FOR ZERO EMISSIONS ENERGY  SYSTEMS.  1.  FOR  THE
 PURPOSES OF THIS SECTION, "ZERO EMISSIONS ENERGY SYSTEMS" SHALL HAVE THE
 SAME  MEANING  AS  IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION SIXTY-
 SIX-S OF THIS ARTICLE AND AS DETERMINED BY THE  COMMISSION  PURSUANT  TO
 SUBDIVISION TWO OF SECTION SIXTY-SIX-S OF THIS ARTICLE.
   2.  AS  PART OF THE COMPETITIVE PROGRAM THE COMMISSION ESTABLISHES AND
 IMPLEMENTS PURSUANT TO SECTION SIXTY-SIX-S OF THIS ARTICLE, THE OWNER OF
 THE ZERO EMISSIONS ENERGY SYSTEM, OR A THIRD PARTY ACTING ON THE OWNER'S
 BEHALF, AS AN ONGOING CONDITION OF ANY AGREEMENT WITH  A  PUBLIC  ENTITY
 THAT  IMPLEMENTS  THE PROVISIONS OF SECTION SIXTY-SIX-S OF THIS ARTICLE,
 SHALL COMPLY WITH THE PROVISIONS OF SECTION SIXTY-SIX-R OF THIS  ARTICLE
 AND SECTION TWO HUNDRED TWENTY-FOUR-D OF THE LABOR LAW.
   § 3. This act shall take effect immediately.