S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    51
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  M. of A. WOERNER, ZEBROWSKI, FAHY, SANTABARBARA, THIELE,
   DeSTEFANO, JONES, HUNTER,  WALKER,  GUNTHER,  SIMON,  COOK,  WILLIAMS,
   SAYEGH -- 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-u to read as follows:
   § 66-U. 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 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
 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.
                                                            LBD01692-01-3
 A. 51                               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.