S T A T E O F N E W Y O R K
________________________________________________________________________
4205
2025-2026 Regular Sessions
I N S E N A T E
February 3, 2025
___________
Introduced by Sen. COMRIE -- read twice and ordered printed, and when
printed to be committed to the Committee on Energy and Telecommuni-
cations
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,
LARGE RETAIL STORES, SUPERMARKETS, GOVERNMENT AGENCIES, DATA CENTERS,
TRANSPORTATION SYSTEMS, FINANCIAL INSTITUTIONS, GAS STATIONS, EDUCA-
TIONAL INSTITUTIONS, 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 AN ELECTRIC CORPORATION'S 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02060-01-5
S. 4205 2
(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. SUCH PROGRAM SHALL PROVIDE OVERALL FUNDING IN THE
AMOUNT OF SEVENTY-FIVE MILLION DOLLARS FOR THE YEARS TWO THOUSAND TWEN-
TY-SIX THROUGH TWO THOUSAND THIRTY. SUCH PROGRAM SHALL INCLUDE A PREF-
ERENCE 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,
LARGE RETAIL STORES, SUPERMARKETS, GOVERNMENT AGENCIES, DATA CENTERS,
TRANSPORTATION SYSTEMS, FINANCIAL INSTITUTIONS, GAS STATIONS, EDUCA-
TIONAL INSTITUTIONS, HEALTH CARE PROVIDERS, LARGE MULTI-FAMILY RESIDEN-
TIAL 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-
TRIC GRID. A MICROGRID CAN CONNECT AND DISCONNECT FROM THE ELECTRIC
GRID TO ENABLE IT TO OPERATE IN BOTH GRID-CONNECTED OR ISLAND-MODE.
S. 4205 3
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. SUCH PROGRAM SHALL PROVIDE OVERALL FUNDING
IN THE AMOUNT OF TWENTY-FIVE MILLION DOLLARS FOR THE YEARS TWO THOUSAND
TWENTY-SIX THROUGH TWO THOUSAND THIRTY. 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.