Assembly Bill A541A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  541--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced by M. of A. PAULIN, CUNNINGHAM, SANTABARBARA -- read once and
   referred  to  the  Committee on Energy -- reported and referred to the
   Committee on Ways and Means -- recommitted to the  Committee  on  Ways
   and  Means  in  accordance  with  Assembly Rule 3, sec. 2 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the public service law and the public  authorities  law,
   in relation to developing microgrids in preparation for extreme weath-
   er events and other risks to public security
 
   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-x to read as follows:
   § 66-X. MICROGRID DEVELOPMENT PROGRAM. 1. DEFINITIONS. AS USED IN THIS
 SECTION:
   (A)  "COMMUNITY  OUTAGE  ASSET"  MEANS A PUBLIC OR PRIVATE ENTITY THAT
 PROVIDES CRITICAL SERVICES TO THE PUBLIC  DURING  AN  EXTENDED  ELECTRIC
 DISTRIBUTION  OUTAGE. COMMUNITY OUTAGE ASSETS SHALL INCLUDE, BUT ARE NOT
 LIMITED TO:   TELECOMMUNICATIONS PROVIDERS,  HOSPITALS,  NURSING  HOMES,
 SUPERMARKETS, GOVERNMENT AGENCIES, TRANSPORTATION SYSTEMS, GAS STATIONS,
 PUBLICLY  AVAILABLE  ELECTRIC  VEHICLE  CHARGING  STATIONS,  EDUCATIONAL
 INSTITUTIONS, LARGE MULTI-FAMILY RESIDENTIAL HOUSING, WASTEWATER  TREAT-
 MENT  FACILITIES,  COMMUNITY  CENTERS  AND OTHER CUSTOMERS DEEMED BY THE
 COMMISSION TO PROVIDE A  CRITICAL  SERVICE  TO  THE  PUBLIC  THAT  WOULD
 PROMOTE  OR  ENHANCE  HEALTH AND SAFETY DURING AN OUTAGE OF THE ELECTRIC
 DISTRIBUTION SYSTEM;
   (B) "EXTENDED ELECTRIC DISTRIBUTION OUTAGE" MEANS A TOTAL  OR  PARTIAL
 OUTAGE  OF  AN ELECTRIC CORPORATION'S DISTRIBUTION SYSTEM THAT CONTINUES
 FOR A PERIOD OF TWENTY-FOUR HOURS OR LONGER;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02060-03-6
              

 A. 541--A                           2
 
   (C) "UNINTERRUPTED" MEANS THAT THE OUTPUT OF THE MICROGRID  SYSTEM  IS
 DELIVERED  TO  THE  END-USE  CUSTOMER  THROUGHOUT  AN  EXTENDED ELECTRIC
 DISTRIBUTION OUTAGE, WITH THE EXCEPTION OF MOMENTARY INTERRUPTIONS ASSO-
 CIATED WITH TRANSITIONS TO AND FROM  GRID  PARALLEL  AND  GRID  ISLANDED
 OPERATIONS; AND
   (D) "MICROGRID" SHALL MEAN A LOAD OR GROUP OF INTERCONNECTED LOADS AND
 DISTRIBUTED  ENERGY  RESOURCES WITHIN CLEARLY DEFINED ELECTRICAL BOUNDA-
 RIES THAT ACTS AS A SINGLE CONTROLLABLE ENTITY WITH RESPECT TO THE ELEC-
 TRIC GRID.  A MICROGRID CAN CONNECT AND  DISCONNECT  FROM  THE  ELECTRIC
 GRID TO ENABLE IT TO OPERATE IN BOTH GRID-CONNECTED OR ISLAND-MODE.
   2.  ON OR WITHIN ONE HUNDRED TWENTY DAYS OF THE EFFECTIVE DATE OF THIS
 SECTION, THE COMMISSION SHALL, AFTER A HEARING HELD ON NOTICE, ADOPT  AN
 ORDER  REQUIRING  THE  NEW  YORK  STATE  ENERGY RESEARCH AND DEVELOPMENT
 AUTHORITY TO ESTABLISH A PROGRAM TO SUPPORT THE  DEVELOPMENT  OF  MICRO-
 GRIDS  THAT ARE CAPABLE OF PROVIDING AN UNINTERRUPTED SUPPLY OF POWER TO
 ONE OR  MORE  COMMUNITY  OUTAGE  ASSETS  THROUGH  AN  EXTENDED  ELECTRIC
 DISTRIBUTION  OUTAGE, SUBJECT TO AN APPROPRIATION THEREFOR. SUCH PROGRAM
 SHALL INCLUDE A PREFERENCE FOR THOSE MICROGRIDS THAT:
   (A) MAXIMIZE ANNUAL REDUCTIONS IN CARBON DIOXIDE EQUIVALENT, OXIDES OF
 NITROGEN, SULFUR DIOXIDE AND PARTICULATE MATTER EMISSIONS ACHIEVED RELA-
 TIVE TO MARGINAL GRID EMISSIONS FOR THE REGION IN WHICH THE  PROJECT  IS
 LOCATED.  FOR  PURPOSES  OF  THIS  SECTION  THE  COMMISSION SHALL DEFINE
 MARGINAL EMISSIONS USING THE SAME METRIC OR METRICS  THAT  ARE  USED  TO
 QUANTIFY  EMISSIONS  REDUCTIONS  ACHIEVED BY OTHER NEW YORK STATE ENERGY
 RESEARCH AND DEVELOPMENT AUTHORITY CLEAN ENERGY PROGRAMS;
   (B) DISPLACE OR OTHERWISE  REDUCE  THE  OPERATION  OF  DIESEL  BACK-UP
 GENERATORS; AND
   (C)  ARE MORE CAPABLE OF BEING EXPEDITIOUSLY PERMITTED, INTERCONNECTED
 AND COMMISSIONED IN PREPARATION FOR EXTREME  WEATHER  EVENTS  AND  OTHER
 GRID RELATED RISKS.
   §  2.  The  public  authorities law is amended by adding a new section
 1020-nn to read as follows:
   § 1020-NN. MICROGRID DEVELOPMENT PROGRAM. 1. DEFINITIONS. AS  USED  IN
 THIS SECTION:
   (A)  "COMMUNITY  OUTAGE  ASSET"  MEANS A PUBLIC OR PRIVATE ENTITY THAT
 PROVIDES CRITICAL SERVICES TO THE PUBLIC  DURING  AN  EXTENDED  ELECTRIC
 DISTRIBUTION  OUTAGE. COMMUNITY OUTAGE ASSETS SHALL INCLUDE, BUT ARE NOT
 LIMITED TO:   TELECOMMUNICATIONS PROVIDERS,  HOSPITALS,  NURSING  HOMES,
 SUPERMARKETS, GOVERNMENT AGENCIES, TRANSPORTATION SYSTEMS, GAS STATIONS,
 PUBLICLY  AVAILABLE  ELECTRIC  VEHICLE  CHARGING  STATIONS,  EDUCATIONAL
 INSTITUTIONS, HEALTH  CARE  PROVIDERS,  LARGE  MULTI-FAMILY  RESIDENTIAL
 HOUSING,  WASTEWATER  TREATMENT  FACILITIES, COMMUNITY CENTERS AND OTHER
 CUSTOMERS DEEMED BY THE COMMISSION TO PROVIDE A CRITICAL SERVICE TO  THE
 PUBLIC  THAT WOULD PROMOTE OR ENHANCE HEALTH AND SAFETY DURING AN OUTAGE
 OF THE ELECTRIC DISTRIBUTION SYSTEM;
   (B) "EXTENDED ELECTRIC DISTRIBUTION OUTAGE" MEANS A TOTAL  OR  PARTIAL
 OUTAGE  OF  THE  AUTHORITY'S ELECTRIC DISTRIBUTION SYSTEM THAT CONTINUES
 FOR A PERIOD OF TWENTY-FOUR HOURS OR LONGER;
   (C) "UNINTERRUPTED" MEANS THAT THE OUTPUT OF THE MICROGRID  SYSTEM  IS
 DELIVERED  TO  THE  END-USE  CUSTOMER  THROUGHOUT  AN  EXTENDED ELECTRIC
 DISTRIBUTION OUTAGE, WITH THE EXCEPTION OF MOMENTARY INTERRUPTIONS ASSO-
 CIATED WITH TRANSITIONS TO AND FROM  GRID  PARALLEL  AND  GRID  ISLANDED
 OPERATIONS; AND
   (D) "MICROGRID" SHALL MEAN A LOAD OR GROUP OF INTERCONNECTED LOADS AND
 DISTRIBUTED  ENERGY  RESOURCES WITHIN CLEARLY DEFINED ELECTRICAL BOUNDA-
 RIES THAT ACTS AS A SINGLE CONTROLLABLE ENTITY WITH RESPECT TO THE ELEC-
 A. 541--A                           3
 
 TRIC GRID.  A MICROGRID CAN CONNECT AND  DISCONNECT  FROM  THE  ELECTRIC
 GRID TO ENABLE IT TO OPERATE IN BOTH GRID-CONNECTED OR ISLAND-MODE.
   2.  ON OR WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE DATE OF THIS
 SECTION, THE AUTHORITY SHALL ESTABLISH A PROGRAM TO SUPPORT THE DEVELOP-
 MENT OF MICROGRIDS THAT ARE CAPABLE OF PROVIDING AN UNINTERRUPTED SUPPLY
 OF POWER TO ONE OR MORE COMMUNITY OUTAGE.   ASSETS THROUGH  AN  EXTENDED
 ELECTRIC DISTRIBUTION OUTAGE, SUBJECT TO AN APPROPRIATION THEREFOR. SUCH
 PROGRAM SHALL INCLUDE A PREFERENCE FOR THOSE MICROGRIDS THAT:
   (A) MAXIMIZE ANNUAL REDUCTIONS IN CARBON DIOXIDE EQUIVALENT, OXIDES OF
 NITROGEN, SULFUR DIOXIDE AND PARTICULATE MATTER EMISSIONS ACHIEVED RELA-
 TIVE  TO  MARGINAL GRID EMISSIONS FOR THE AUTHORITY'S SERVICE TERRITORY.
 FOR PURPOSES OF THIS SECTION THE AUTHORITY SHALL DEFINE  MARGINAL  EMIS-
 SIONS  USING  THE SAME METRIC OR METRICS THAT ARE USED TO QUANTIFY EMIS-
 SIONS REDUCTIONS ACHIEVED BY OTHER NEW YORK STATE  ENERGY  RESEARCH  AND
 DEVELOPMENT AUTHORITY CLEAN ENERGY PROGRAMS;
   (B)  DISPLACE  OR  OTHERWISE  REDUCE  THE  OPERATION OF DIESEL BACK-UP
 GENERATORS; AND
   (C) ARE MORE CAPABLE OF BEING EXPEDITIOUSLY PERMITTED,  INTERCONNECTED
 AND  COMMISSIONED  IN  PREPARATION  FOR EXTREME WEATHER EVENTS AND OTHER
 GRID RELATED RISKS.
   § 3. This act shall take effect immediately.