NY State Senate Bill 2013-S1617A

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 10, 2014	print number 1617a
Feb 10, 2014	amend and recommit to energy and telecommunications
Jan 08, 2014	referred to energy and telecommunications
Jan 09, 2013	referred to energy and telecommunications

Bill Amendments

Original

A (Active)

2013-S1617 - Details

See Assembly Version of this Bill:: A1044
Current Committee:: Senate Energy And Telecommunications
Law Section:: Energy Law
Laws Affected:: Add Art 22 §§22-101 - 22-104, Energy L; amd §§1005 & 1854, ren §§1020-ii, 1020-jj & 1020-kk to be §§1020-jj, 1020-kk & 1020-ll, add §1020-ii, Pub Auth L; amd §66, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4692, A556
2011-2012: S1113, A5914

2013-S1617 - Summary

Relates to refuge facilities; defines terms; exempts any refuge facility that is registered with the state emergency management office from payment of any exit fee or any lost revenue resultant from the installation and operation of cogeneration equipment at the refuge facility; provides financial assistance for the installation of cogeneration technologies for the purpose of creating and maintaining refuge facilities pursuant to article twenty-two of the energy law.

2013-S1617 - Sponsor Memo

                                BILL NUMBER:S1617

TITLE OF BILL:
An act
to amend the energy law, the public authorities law and the public
service law, in relation to refuge facilities

PURPOSE:
This bill establishes the creation of facilities of refuge throughout
the state, to ensure the public continuous provision of heat and
electricity in times of disruption. The bill also provides funding
mechanisms to assist with the installation of appropriate
technologies, which may also result in local tax benefits.

SUMMARY OF PROVISIONS:

Section 1 of the bill presents legislative findings.

Section 2 of the bill amends the Energy Law by adding a new Article 22
with the following provisions:

Section 22-101: Provides definitions of various terms.

Section 22-102: Establishes guidelines for the creation of facilities
of refuge. Local and State entities are directed to identify and
include facilities of refuge in emergency management plans. They also

must ensure the number of facilities is sufficient to meet the needs
of the population in times of emergency.

Section 22-103: States how facilities of refuge may be treated in
utility rates and prohibits electric corporations from imposing
penalizing rates, including exit fees, standby rates, and
unreasonable interconnection fees.

Section 22-104: Establishes performance contracting as an acceptable
method of financing the needed cogeneration equipment.

Section 3 of the bill amends the Public Authorities Law and provides
that the Power Authority of the State of New York may make financial
assistance available fox the creation and maintenance of the
facilities of refuge, while prohibiting the Power Authority from
charging its customers for these costs. The Power Authority may
solicit applications for projects or performance contracts by public
notice.

Section 4 of the bill amends the Public Authorities Law and provides
that the Long Island Power Authority (LIPA) may make financial
assistance available for implementation of facilities of refuge
within its service area. The bill also requires LIPA to follow the
same guidelines outlined above for the Power Authority with regard to
public notice and contracts.

Section 5 of the bill amends the Public Authorities Law by adding a
new subdivision 19 to Section 1854 that provides that the New York
State Energy Research and Development Authority (NYSERDA) may make
financial assistance available for development of the facilities of


refuge. The bill requires NYSERDA to follow the same guidelines
outlined above for the Power Authority and LIPA with regard to
Public notice and contracts.

The bill permits NYSERDA to access funds from utility assessments for
energy efficiency and other R&D activities to provide financial
assistance where performance contracting is not available. The
financial commitment on NYSERDA's part may be in service areas where
ratepayers contribute to the assessment for energy efficiency and R&D.

Section 6 of the bill amends Section 66 of the Public Service Law by
adding a new subdivision 29 that provides that the public Service
commission cannot place certain charges on facilities of refuge such
as exit fees, standby rates, or transition costs when the facilities
of refuge transition to a different supplier of service or when they
use their own generation which bypasses the retail market.

Section 7 of the bill requires that NYSERDA assess the feasibility,
costs, and benefits of installing renewable energy technologies,
including cogeneration technology, on the premises of facilities of
refuge-as report back to the legislature.

JUSTIFICATION:
Among other incidents, the Blackout of 2003 has demonstrated that the
state's electric transmission and distribution systems are
susceptible to disruptions, whether the cause is natural or man-made.
This reality requires that the state and localities throughout New
York take serious steps to ensure that facilities are available that
will provide people haven in times of mass power disruption or
emergency, where electricity and heat will be assured. Such
facilities may also help to better coordinate emergency management
services.

There are new technologies, such as cogeneration, available that can
both protect the public and meet some of the energy needs of the
system. The development and implementation of these technologies
requires financial support, to reduce the burden on localities in
order that such facilities can be integrated into local disaster
preparedness plans.

Additional benefits of the advanced technology are financial benefits
that result by the local municipalities' production of their own
generation, avoiding the need to purchase more expensive energy
supply from utility companies, reducing the local tax burden
attributable to energy costs, and thus saving local taxpayers money.

LEGISLATIVE HISTORY:
2011-12: S.113A/A5914A - Referred to Energy & Telecommunications
2009-10: S.4692/A.956 - Referred to Energy & Telecommunications
2008-09: S.3433A/A.10438A - Energy & Telecommunications
2007-08: S.7707/A.2282 - Energy & Telecommunications
2006-07: A.5812 - Passed Assembly
2005-06: A.5812 - Nays and Means
2004-05: A.1115 - Third Reading

FISCAL IMPLICATIONS:
None to the State. All expenditures will be made by the authorities


from "off budget" sources and no specific funding requirements are
included.

EFFECTIVE DATE:
This act shall take effect immediately.

2013-S1617 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1617

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations

AN  ACT  to  amend  the  energy  law, the public authorities law and the
  public service law, in relation to refuge facilities

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  legislature  hereby  finds  that  there is a need to
protect the public from potential disruptions to the energy transmission
and distribution system, whether caused by natural  or  man-made  occur-
rences.  Such needs can be met through the creation of refuge facilities
in  every locality in the state that can assure the public of continuous
provision of electric, heat and  other  necessary  utility  services  in
times of disruption of the delivery of such services. Such refuge facil-
ities  shall  be  either existing or new buildings which have energy and
heat producing equipment and which provide electricity and heat  through
such  on-site  technologies and that such equipment is capable of opera-
tion independent of the receipt of power  or  other  services  from  the
local electric utility transmission and distribution system.
  The  legislature  also finds that, in order to promote the development
of appropriate facilities and energy production equipment, it is  appro-
priate for state agencies to provide financial assistance in the form of
low-interest  or  zero-interest loans, grants, performance contracts and
other appropriate financing mechanisms.  In  addition,  the  legislature
also  finds that current technologies exist which could provide the dual
purpose of reducing energy costs for  such  facilities,  and  thus  also
provide  benefits  to local taxpayers for lower public facilities costs.
In addition, to ensure that such facilities  do  not  create  additional
cost  burdens  for  local  taxpayers, and in consideration of the public
safety and security to be provided to the  localities,  such  facilities

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD02755-01-3

S. 1617                             2

shall be exempt from any statutory or regulatory requirements for utili-
ty  standby rates, unreasonable interconnection charges, or exit fees or
other similar rates or requirements.
  S  2.  The energy law is amended by adding a new article 22 to read as
follows:
                               ARTICLE 22
                            REFUGE FACILITIES
SECTION 22-101. DEFINITIONS.
        22-102. REFUGE FACILITIES, CREATION.
        22-103. UTILITY RATE TREATMENT.
        22-104. PERFORMANCE CONTRACTS.
  S 22-101. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
  1. "REFUGE FACILITY" SHALL MEAN A FACILITY OWNED  AND  OPERATED  BY  A
MUNICIPALITY,  AS  DEFINED IN SECTION NINE HUNDRED EIGHTY OF THE GENERAL
MUNICIPAL LAW, OR A SCHOOL DISTRICT, AS PURSUANT TO  TITLE  TWO  OF  THE
EDUCATION  LAW, INCLUDING BUT NOT LIMITED TO SCHOOL BUILDINGS, MUNICIPAL
OFFICE BUILDINGS, COMMUNITY CENTERS, OR PUBLIC UNIVERSITIES, COLLEGES OR
COMMUNITY COLLEGES, AS DEFINED PURSUANT TO THE EDUCATION LAW,  OR  OTHER
APPROPRIATE  STRUCTURE  OR FACILITY THAT IS CAPABLE OF PROVIDING SHELTER
FOR A SIGNIFICANT PORTION  OF  THE  LOCAL  POPULATION  DURING  TIMES  OF
MAN-MADE OR NATURAL DISASTER.
  2.  "COGENERATION  TECHNOLOGY" SHALL MEAN ANY ONE OF THE SEVERAL TECH-
NOLOGIES THAT CAN BE USED FOR COMBINED HEAT AND POWER APPLICATIONS,  AND
WHICH  CONSIST  OF  APPLICATIONS OF TECHNOLOGIES WHEREIN WASTE HEAT FROM
ON-SITE ELECTRIC GENERATION PROCESS IS RECOVERED TO PROVIDE STEAM OR HOT
WATER TO MEET ON-SITE NEEDS, SUCH AS HEATING  AND/OR  AIR  CONDITIONING.
FOR  PURPOSES  OF  THIS  ARTICLE,  COGENERATION TECHNOLOGIES MUST ATTAIN
OVERALL SYSTEM EFFICIENCY OF SIXTY PERCENT, CONSIDERING BOTH THERMAL AND
ELECTRICAL PROCESSES TOGETHER.
  3. "FINANCIAL ASSISTANCE" SHALL MEAN GRANTS,  LOANS,  INTEREST  SUBSI-
DIES,  LOAN GUARANTEES AND OTHER APPROPRIATE FUNDING MECHANISMS, INCLUD-
ING  PERFORMANCE  CONTRACTING,  CONSIDERING  THE  CIRCUMSTANCES  OF  THE
PROJECT.    WITH  THE  EXCEPTION  OF  GRANTS,  ANY  FINANCIAL ASSISTANCE
PROVIDED ACCORDING TO THIS SUBDIVISION SHALL BE REPAID  TO  THE  ISSUING
AUTHORITY, OVER A PERIOD NOT TO EXCEED TEN YEARS, WITH SAVINGS IN ENERGY
COSTS  AND  RELATED COSTS WHICH ACCRUE TO THE FACILITY OWNER AS A RESULT
OF INSTALLING AND OPERATING SUCH COGENERATION EQUIPMENT.
  S 22-102. REFUGE FACILITIES, CREATION. 1. FOR PURPOSES OF IMPLEMENTING
THE PROVISIONS OF THIS ARTICLE, EVERY  COUNTY,  EXCEPT  THOSE  CONTAINED
WITHIN THE CITY OF NEW YORK, AND THE CITY OF NEW YORK SHALL INITIATE AND
IMPLEMENT  A  PROGRAM  TO  IDENTIFY  AND  CREATE FACILITIES WHICH CAN BE
UTILIZED AS REFUGE FACILITIES. SUCH REFUGE FACILITIES SHALL  BE  IDENTI-
FIED AND INCLUDED IN ANY AND ALL LOCAL DISASTER PREPAREDNESS PLANS TO BE
COMPLETED AND IMPLEMENTED ACCORDING TO SECTION TWENTY-THREE OF THE EXEC-
UTIVE  LAW.  COUNTY  EMERGENCY  MANAGEMENT OFFICIALS AND THE CITY OF NEW
YORK  EMERGENCY  MANAGEMENT  OFFICIAL  SHALL  COOPERATE  AND  COORDINATE
EFFORTS TO IDENTIFY AND ESTABLISH REFUGE FACILITIES WITH THE DIRECTOR OF
THE  STATE  EMERGENCY  MANAGEMENT  OFFICE  AND THE DISASTER PREPAREDNESS
COMMISSION. TO  THE  EXTENT  POSSIBLE  AND  FEASIBLE,  COUNTY  EMERGENCY
MANAGEMENT OFFICIALS AND THE CITY OF NEW YORK EMERGENCY MANAGEMENT OFFI-
CIAL SHALL INTEGRATE ANY SUCH ACTIVITIES WITH THOSE OF ANY AND ALL STATE
DISASTER  PREPAREDNESS  PLANS AS REQUIRED PURSUANT TO SECTION TWENTY-TWO
OF THE EXECUTIVE LAW.
  2. COUNTY EMERGENCY MANAGEMENT OFFICIALS,    WORKING  IN  COORDINATION
WITH APPROPRIATE STATE, CITY, TOWN AND VILLAGE OFFICIALS, SHALL IDENTIFY
AN  APPROPRIATE  NUMBER  OF  REFUGE  FACILITIES TO BE LOCATED WITHIN THE

S. 1617                             3

COUNTY, WITH RESPECT TO THE POPULATION AND OTHER  CONSIDERATIONS  NECES-
SARY  TO  PROVIDE  ADEQUATE RELIEF IN TIMES OF AN EMERGENCY. THE CITY OF
NEW YORK EMERGENCY MANAGEMENT OFFICIAL SHALL WORK IN  COORDINATION  WITH
ALL  APPROPRIATE  STATE  OFFICIALS  TO IDENTIFY AN APPROPRIATE NUMBER OF
REFUGE FACILITIES TO BE LOCATED WITHIN THAT CITY, WITH  RESPECT  TO  THE
POPULATION AND OTHER CONSIDERATIONS NECESSARY TO PROVIDE ADEQUATE RELIEF
IN TIMES OF AN EMERGENCY.
  3.  EACH REFUGE FACILITY SHALL BE REGISTERED WITH THE COUNTY EMERGENCY
MANAGEMENT OFFICE IN THE COUNTY IN  WHICH  SUCH  FACILITY  IS  SITUATED,
EXCEPT  IN  THE  CITY  OF NEW YORK WHEREIN THE CITY EMERGENCY MANAGEMENT
OFFICE SHALL MAINTAIN SUCH REGISTRATION. THE REGISTRIES SHALL BE UPDATED
ANNUALLY. SUCH REGISTRIES SHALL ALSO BE PROVIDED TO THE STATE  EMERGENCY
MANAGEMENT OFFICE.
  S  22-103. UTILITY RATE TREATMENT. NO ELECTRIC CORPORATION, AS DEFINED
BY SUBDIVISION THIRTEEN OF SECTION TWO OF THE PUBLIC SERVICE LAW,  SHALL
ESTABLISH  OR  MODIFY ANY TARIFFS WITH RESPECT TO REFUGE FACILITIES THAT
INSTALL COGENERATION EQUIPMENT.  ANY REFUGE FACILITY THAT IS  REGISTERED
WITH  THE STATE EMERGENCY MANAGEMENT OFFICE SHALL FURTHER BE EXEMPT FROM
PAYMENT OF ANY EXIT FEES OR ANY LOST REVENUES RESULTING FROM THE INSTAL-
LATION AND OPERATION OF COGENERATION EQUIPMENT AT THE  REFUGE  FACILITY.
TO THE EXTENT THAT THE REFUGE FACILITY REQUIRES INTERCONNECTION WITH THE
LOCAL  ELECTRIC  UTILITY SYSTEM, NO ELECTRIC CORPORATION SHALL ESTABLISH
OR MODIFY ANY TARIFF TO ESTABLISH A STANDBY RATE THAT DOES NOT TAKE INTO
ACCOUNT THE ACTUAL COSTS AND  BENEFITS  OF  THE  DISTRIBUTED  GENERATION
RESOURCE.  SUCH  STANDBY  RATE  SHALL  CONSIDER  THE  RELIABILITY OF THE
ON-SITE GENERATION, AS DETERMINED  BY  THE  FREQUENCY  AND  DURATION  OF
OUTAGES,  SO  THAT  CUSTOMERS  WITH MORE RELIABLE ON-SITE GENERATION AND
THOSE THAT REDUCE PEAK DEMAND PAY A LOWER COST-BASED RATE. TO THE EXTENT
THE INSTALLATION OF ANY  COGENERATION  EQUIPMENT  RESULTS  IN  INTERCON-
NECTION FEES, AN ELECTRIC CORPORATION SHALL ONLY COLLECT INTERCONNECTION
FEES THAT ARE REASONABLE.
  S  22-104.  PERFORMANCE  CONTRACTS.  FOR PURPOSES OF IMPLEMENTING THIS
ARTICLE, THE PROVISIONS OF ARTICLE NINE OF THIS CHAPTER SHALL BE  APPLI-
CABLE FOR THOSE PROJECTS FOR WHICH PERFORMANCE CONTRACTING IS A PREFERA-
BLE METHOD FOR THE FINANCING, INSTALLATION AND OPERATION OF COGENERATION
TECHNOLOGY EQUIPMENT.
  S 3. Section 1005 of the public authorities law is amended by adding a
new subdivision 24 to read as follows:
  24.  TO PROVIDE FINANCIAL ASSISTANCE FOR THE INSTALLATION OF COGENERA-
TION TECHNOLOGIES FOR THE PURPOSE OF  CREATING  AND  MAINTAINING  REFUGE
FACILITIES PURSUANT TO ARTICLE TWENTY-TWO OF THE ENERGY LAW.
  A.    THE  AUTHORITY MAY MAKE AVAILABLE FINANCIAL ASSISTANCE; PROVIDED
THAT NO COSTS ASSOCIATED WITH SUCH FINANCIAL ASSISTANCE SHALL BE CHARGED
TO THE AUTHORITY'S CUSTOMERS. SUCH FUNDS SHALL BE USED FOR THE  DEVELOP-
MENT OF REFUGE FACILITIES AS IDENTIFIED AMONG THE AUTHORITY'S CUSTOMERS.
  B.  THE AUTHORITY MAY SOLICIT APPLICATIONS FOR FINANCIAL ASSISTANCE BY
PUBLIC NOTICE. SUCH NOTICE SHALL BE IN THE FORM OF ADVERTISEMENTS, PRESS
RELEASES, AND BY SUCH OTHER MEANS AS THE AUTHORITY FINDS APPROPRIATE.
  C.  THE  AUTHORITY MAY PROVIDE FINANCIAL ASSISTANCE BY ENTERING INTO A
CONTRACT WITH A CONTRACTOR FOR THE COGENERATION SERVICES. THE  AUTHORITY
SHALL  EVALUATE  APPLICATIONS  FOR  FINANCIAL  ASSISTANCE BASED UPON THE
AMOUNT OF POWER SAVED AS A RESULT OF THE INSTALLATION OF  THE  COGENERA-
TION EQUIPMENT AND THE SAVINGS IN ENERGY COSTS RELATIVE TO THE AMOUNT OF
FINANCIAL ASSISTANCE REQUIRED.
  S  4.  Sections 1020-ii, 1020-jj and 1020-kk of the public authorities
law, as renumbered by chapter 388 of the laws of 2011,   are  renumbered

S. 1617                             4

sections 1020-jj, 1020-kk and 1020-ll and a new section 1020-ii is added
to read as follows:
  S  1020-II. REFUGE FACILITIES; COMPLIANCE. 1. THE AUTHORITY MAY ASSIST
WITH THE IMPLEMENTATION OF THE REFUGE FACILITIES, AS STATED  IN  ARTICLE
TWENTY-TWO OF THE ENERGY LAW, WITHIN THE SERVICE TERRITORY.
  2.  THE  AUTHORITY  MAY  MAKE AVAILABLE FINANCIAL ASSISTANCE; PROVIDED
THAT NO COSTS ASSOCIATED WITH SUCH FINANCIAL ASSISTANCE SHALL BE CHARGED
TO THE AUTHORITY'S CUSTOMERS. SUCH FUNDS SHALL BE USED FOR THE  DEVELOP-
MENT OF REFUGE FACILITIES WITHIN THE AUTHORITY'S SERVICE TERRITORY.
  3.  THE AUTHORITY MAY SOLICIT APPLICATIONS FOR FINANCIAL ASSISTANCE BY
PUBLIC NOTICE. SUCH NOTICE SHALL BE IN THE FORM OF ADVERTISEMENT,  PRESS
RELEASES, AND BY SUCH OTHER MEANS AS THE AUTHORITY FINDS APPROPRIATE.
  4.  THE  AUTHORITY MAY PROVIDE FINANCIAL ASSISTANCE BY ENTERING INTO A
CONTRACT WITH A CONTRACTOR FOR THE COGENERATION SERVICES. THE  AUTHORITY
SHALL  EVALUATE  APPLICATIONS  FOR  FINANCIAL  ASSISTANCE BASED UPON THE
AMOUNT OF POWER SAVED AS A RESULT OF THE INSTALLATION OF  THE  COGENERA-
TION EQUIPMENT AND THE SAVINGS IN ENERGY COSTS RELATIVE TO THE AMOUNT OF
FINANCIAL ASSISTANCE REQUIRED.
  S 5. Section 1854 of the public authorities law is amended by adding a
new subdivision 20 to read as follows:
  20.  TO PROVIDE FINANCIAL ASSISTANCE FOR THE INSTALLATION OF COGENERA-
TION TECHNOLOGIES FOR THE PURPOSE OF  CREATING  AND  MAINTAINING  REFUGE
FACILITIES  PURSUANT  TO  ARTICLE  TWENTY-TWO  OF  THE ENERGY LAW.   THE
AUTHORITY MAY SOLICIT APPLICATIONS FOR FINANCIAL  ASSISTANCE  BY  PUBLIC
NOTICE,  WHICH  PUBLIC  NOTICE  SHALL  BE IN THE FORM OF ADVERTISEMENTS,
PRESS RELEASES, AND BY SUCH OTHER MEANS AS THE AUTHORITY FINDS APPROPRI-
ATE. THE AUTHORITY MAY PROVIDE FINANCIAL ASSISTANCE BY ENTERING  INTO  A
CONTRACT  WITH A CONTRACTOR FOR THE COGENERATION SERVICES. THE AUTHORITY
SHALL EVALUATE APPLICATIONS FOR  FINANCIAL  ASSISTANCE  BASED  UPON  THE
AMOUNT  OF  POWER SAVED AS A RESULT OF THE INSTALLATION OF THE COGENERA-
TION EQUIPMENT AND THE SAVINGS IN ENERGY COSTS RELATIVE TO THE AMOUNT OF
FINANCIAL ASSISTANCE REQUIRED.  WHERE  APPROPRIATE,  THE  AUTHORITY  MAY
ACCESS FUNDS RECEIVED FROM UTILITY ASSESSMENTS FOR ENERGY EFFICIENCY AND
OTHER RESEARCH AND DEVELOPMENT ACTIVITIES IN ORDER TO PROVIDE GRANTS FOR
PROJECTS  REQUIRING  ADDITIONAL FINANCIAL ASSISTANCE, AND WHERE PERFORM-
ANCE CONTRACTING IS NOT AVAILABLE.  THE  AUTHORITY  MAY  MAKE  AVAILABLE
FINANCIAL  ASSISTANCE,  WHICH  SHALL  BE  MADE AVAILABLE FOR PROJECTS IN
UTILITY SERVICE TERRITORIES WHEREIN THE  RATEPAYERS  OF  SUCH  UTILITIES
CONTRIBUTE  TO  SUCH  ASSESSMENT  FOR ENERGY EFFICIENCY AND RESEARCH AND
DEVELOPMENT.
  S 6. Section 66 of the public service law is amended by adding  a  new
subdivision 29 to read as follows:
  29.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, NO
REFUGE FACILITY THAT IS IDENTIFIED AND IMPLEMENTED  IN  ACCORDANCE  WITH
ARTICLE  TWENTY-TWO OF THE ENERGY LAW SHALL BE SUBJECT TO ANY TRANSITION
COSTS, EXIT FEES, OR ADDITIONAL PAYMENTS, SUCH AS STANDBY RATES, RELATED
TO THE DISCONTINUANCE OF SERVICES FROM ITS  FORMER  SUPPLIER  OF  RETAIL
DISTRIBUTION SERVICE WHEN SUCH REFUGE FACILITY RECEIVES ELECTRIC SERVICE
IN  WHOLE  OR  IN  PART  FROM  A  SOURCE OF ELECTRICITY ACCORDING TO THE
PROVISIONS OF ARTICLE TWENTY-TWO OF  THE  ENERGY  LAW  AND  GENERATES  A
SUBSTANTIAL  PORTION  OF  ITS  OWN POWER AND DISTRIBUTES THAT POWER IN A
MANNER WHICH BYPASSES THE  RETAIL  DISTRIBUTION  SYSTEM  OF  ITS  FORMER
SUPPLIER.
  S  7.  The  New  York  state energy research and development authority
shall assess the feasibility, costs, and benefits of installing  renewa-
ble  energy technologies, including cogeneration technology on the prem-

S. 1617                             5

ises of refuge facilities as established under article 22 of the  energy
law.  The  authority shall report back to the legislature with its find-
ings within 6 months of the effective date of this act.
  S 8. This act shall take effect immediately.

2013-S1617A (ACTIVE) - Details

See Assembly Version of this Bill:: A1044
Current Committee:: Senate Energy And Telecommunications
Law Section:: Energy Law
Laws Affected:: Add Art 22 §§22-101 - 22-104, Energy L; amd §§1005 & 1854, ren §§1020-ii, 1020-jj & 1020-kk to be §§1020-jj, 1020-kk & 1020-ll, add §1020-ii, Pub Auth L; amd §66, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4692, A556
2011-2012: S1113, A5914

2013-S1617A (ACTIVE) - Summary

2013-S1617A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1617A

TITLE OF BILL:  An act to amend the energy law, the public authorities
law and the public service law, in relation to refuge facilities

PURPOSE: This bill establishes the creation of facilities of refuge
throughout the state, to ensure the public continuous provision of
heat and electricity in times of disruption. The bill also provides
funding mechanisms to assist with the installation of appropriate
technologies, which may also result in local tax benefits.

SUMMARY OF PROVISIONS:

Section 1 of the bill presents legislative findings.

Section 2 of the bill amends the Energy Law by adding a new Article 22
with the following provisions:

Section 22-101: Provides definitions of various terms.

Section 22-102: Establishes guidelines for the creation of facilities
of refuge. Local and State entities are directed to identify and
include facilities of refuge in emergency management plans. They also
must ensure the number of facilities is sufficient to meet the needs
of the population in times of emergency.

Section 22-103: States how facilities of refuge may be treated in
utility rates and prohibits electric corporations from imposing
penalizing rates, including exit fees, standby rates, and unreasonable
interconnection fees.

Section 22-104: Establishes performance contracting as an acceptable
method of financing the needed cogeneration equipment.

Section 3 of the bill amends the Public Authorities Law and provides
that the Power Authority of the State of New York may make financial
assistance available for the creation and maintenance of the
facilities of refuge, while prohibiting the Power Authority from
charging its customers for these costs. The Power Authority may
solicit applications for projects or performance contracts by public
notice.

Section 4 of the bill amends the Public Authorities Law and provides
that the Long Island Power Authority (LIPA) may make financial
assistance available for implementation of facilities of refuge within
its service area. The bill also requires LIPA to follow the same
guidelines outlined above for the Power Authority with regard to
public notice and contracts.

Section 5 of the bill amends the Public Authorities Law by adding a
new subdivision 22 to Section 1854 that provides that the New York
State Energy Research and Development Authority (NYSERDA) may make
financial assistance available for development of the facilities of
refuge. The bill requires NYSERDA to follow the same guidelines
outlined above for the Power Authority and LIPA with regard to Public
notice and contracts.


The bill permits NYSERDA to access funds from utility assessments for
energy efficiency and other R&D activities to provide financial
assistance where performance contracting is not available. The
financial commitment on NYSERDA's part may be in service areas where
ratepayers contribute to the assessment for energy efficiency and R&D.

Section 6 of the bill amends Section 66 of the Public Service Law by
adding a new subdivision 29 that provides that the public Service
commission cannot place certain charges on facilities of refuge such
as exit fees, standby rates, or transition costs when the facilities
of refuge transition to a different supplier of service or when they
use their own generation which bypasses the retail market.

Section 7 of the bill requires that NYSERDA assess the feasibility,
costs, and benefits of installing renewable energy technologies,
including cogeneration technology, on the premises of facilities of
refugees report back to the legislature.

JUSTIFICATION: Among other incidents, the Blackout of 2003 has
demonstrated that the state's electric transmission and distribution
systems are susceptible to disruptions, whether the cause is natural
or manmade. This reality requires that the state and localities
throughout New York take serious steps to ensure that facilities are
available that will provide people haven in times of mass power
disruption or emergency, where electricity and heat will be assured.
Such facilities may also help to better coordinate emergency
management services.

There are new technologies, such as cogeneration, available that can
both protect the public and meet some of the energy needs of the
system. The development and implementation of these technologies
requires financial support, to reduce the burden on localities in
order that such facilities can be integrated into local disaster
preparedness plans.

Additional benefits of the advanced technology are financial benefits
that result by the local municipalities' production of their own
generation, avoiding the need to purchase more expensive energy supply
from utility companies, reducing the local tax burden attributable to
energy costs, and thus saving local taxpayers money.

LEGISLATIVE HISTORY:  2011-12: S.113A/A5914A - Referred to Energy &
Telecommunications 2009-10: S.4692/A.956 - Referred to Energy &
Telecommunications 2008-09: S.3433A/A.10438A - Energy &
Telecommunications 2007-08: S.7707/A.2282 - Energy &
Telecommunications 2006-07: A.5812 - Passed Assembly 2005-06: A.5812 -
Ways and Means 2004-05: A.1115 - Third Reading

FISCAL IMPLICATIONS: None to the State. All expenditures will be made
by the authorities from "off budget" sources and no specific funding
requirements are included.

EFFECTIVE DATE: This act shall take effect immediately.

2013-S1617A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1617--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations  --  recommitted  to  the Committee on Energy and Telecommuni-
  cations in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the  energy  law, the public authorities law and the
  public service law, in relation to refuge facilities

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  legislature  hereby  finds  that  there is a need to
protect the public from potential disruptions to the energy transmission
and distribution system, whether caused by natural  or  man-made  occur-
rences.  Such needs can be met through the creation of refuge facilities
in  every locality in the state that can assure the public of continuous
provision of electric, heat and  other  necessary  utility  services  in
times of disruption of the delivery of such services. Such refuge facil-
ities  shall  be  either existing or new buildings which have energy and
heat producing equipment and which provide electricity and heat  through
such  on-site  technologies and that such equipment is capable of opera-
tion independent of the receipt of power  or  other  services  from  the
local electric utility transmission and distribution system.
  The  legislature  also finds that, in order to promote the development
of appropriate facilities and energy production equipment, it is  appro-
priate for state agencies to provide financial assistance in the form of
low-interest  or  zero-interest loans, grants, performance contracts and
other appropriate financing mechanisms.  In  addition,  the  legislature
also  finds that current technologies exist which could provide the dual
purpose of reducing energy costs for  such  facilities,  and  thus  also
provide  benefits  to local taxpayers for lower public facilities costs.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD02755-02-4

S. 1617--A                          2

In addition, to ensure that such facilities  do  not  create  additional
cost  burdens  for  local  taxpayers, and in consideration of the public
safety and security to be provided to the  localities,  such  facilities
shall be exempt from any statutory or regulatory requirements for utili-
ty  standby rates, unreasonable interconnection charges, or exit fees or
other similar rates or requirements.
  S 2. The energy law is amended by adding a new article 22 to  read  as
follows:
                               ARTICLE 22
                            REFUGE FACILITIES
SECTION 22-101. DEFINITIONS.
        22-102. REFUGE FACILITIES, CREATION.
        22-103. UTILITY RATE TREATMENT.
        22-104. PERFORMANCE CONTRACTS.
  S 22-101. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
  1.  "REFUGE  FACILITY"  SHALL  MEAN A FACILITY OWNED AND OPERATED BY A
MUNICIPALITY, AS DEFINED IN SECTION NINE HUNDRED EIGHTY OF  THE  GENERAL
MUNICIPAL  LAW,  OR  A  SCHOOL DISTRICT, AS PURSUANT TO TITLE TWO OF THE
EDUCATION LAW, INCLUDING BUT NOT LIMITED TO SCHOOL BUILDINGS,  MUNICIPAL
OFFICE BUILDINGS, COMMUNITY CENTERS, OR PUBLIC UNIVERSITIES, COLLEGES OR
COMMUNITY  COLLEGES,  AS DEFINED PURSUANT TO THE EDUCATION LAW, OR OTHER
APPROPRIATE STRUCTURE OR FACILITY THAT IS CAPABLE OF  PROVIDING  SHELTER
FOR  A  SIGNIFICANT  PORTION  OF  THE  LOCAL  POPULATION DURING TIMES OF
MAN-MADE OR NATURAL DISASTER.
  2. "COGENERATION TECHNOLOGY" SHALL MEAN ANY ONE OF THE  SEVERAL  TECH-
NOLOGIES  THAT CAN BE USED FOR COMBINED HEAT AND POWER APPLICATIONS, AND
WHICH CONSIST OF APPLICATIONS OF TECHNOLOGIES WHEREIN  WASTE  HEAT  FROM
ON-SITE ELECTRIC GENERATION PROCESS IS RECOVERED TO PROVIDE STEAM OR HOT
WATER  TO  MEET  ON-SITE NEEDS, SUCH AS HEATING AND/OR AIR CONDITIONING.
FOR PURPOSES OF THIS  ARTICLE,  COGENERATION  TECHNOLOGIES  MUST  ATTAIN
OVERALL SYSTEM EFFICIENCY OF SIXTY PERCENT, CONSIDERING BOTH THERMAL AND
ELECTRICAL PROCESSES TOGETHER.
  3.  "FINANCIAL  ASSISTANCE"  SHALL MEAN GRANTS, LOANS, INTEREST SUBSI-
DIES, LOAN GUARANTEES AND OTHER APPROPRIATE FUNDING MECHANISMS,  INCLUD-
ING  PERFORMANCE  CONTRACTING,  CONSIDERING  THE  CIRCUMSTANCES  OF  THE
PROJECT.   WITH  THE  EXCEPTION  OF  GRANTS,  ANY  FINANCIAL  ASSISTANCE
PROVIDED  ACCORDING  TO  THIS SUBDIVISION SHALL BE REPAID TO THE ISSUING
AUTHORITY, OVER A PERIOD NOT TO EXCEED TEN YEARS, WITH SAVINGS IN ENERGY
COSTS AND RELATED COSTS WHICH ACCRUE TO THE FACILITY OWNER AS  A  RESULT
OF INSTALLING AND OPERATING SUCH COGENERATION EQUIPMENT.
  S 22-102. REFUGE FACILITIES, CREATION. 1. FOR PURPOSES OF IMPLEMENTING
THE  PROVISIONS  OF  THIS  ARTICLE, EVERY COUNTY, EXCEPT THOSE CONTAINED
WITHIN THE CITY OF NEW YORK, AND THE CITY OF NEW YORK SHALL INITIATE AND
IMPLEMENT A PROGRAM TO IDENTIFY  AND  CREATE  FACILITIES  WHICH  CAN  BE
UTILIZED  AS  REFUGE FACILITIES. SUCH REFUGE FACILITIES SHALL BE IDENTI-
FIED AND INCLUDED IN ANY AND ALL LOCAL DISASTER PREPAREDNESS PLANS TO BE
COMPLETED AND IMPLEMENTED ACCORDING TO SECTION TWENTY-THREE OF THE EXEC-
UTIVE LAW. COUNTY EMERGENCY MANAGEMENT OFFICIALS AND  THE  CITY  OF  NEW
YORK  EMERGENCY  MANAGEMENT  OFFICIAL  SHALL  COOPERATE  AND  COORDINATE
EFFORTS TO IDENTIFY AND ESTABLISH REFUGE FACILITIES WITH THE DIRECTOR OF
THE STATE EMERGENCY MANAGEMENT  OFFICE  AND  THE  DISASTER  PREPAREDNESS
COMMISSION.  TO  THE  EXTENT  POSSIBLE  AND  FEASIBLE,  COUNTY EMERGENCY
MANAGEMENT OFFICIALS AND THE CITY OF NEW YORK EMERGENCY MANAGEMENT OFFI-
CIAL SHALL INTEGRATE ANY SUCH ACTIVITIES WITH THOSE OF ANY AND ALL STATE
DISASTER PREPAREDNESS PLANS AS REQUIRED PURSUANT TO  SECTION  TWENTY-TWO
OF THE EXECUTIVE LAW.

S. 1617--A                          3

  2.  COUNTY  EMERGENCY  MANAGEMENT OFFICIALS,   WORKING IN COORDINATION
WITH APPROPRIATE STATE, CITY, TOWN AND VILLAGE OFFICIALS, SHALL IDENTIFY
AN APPROPRIATE NUMBER OF REFUGE FACILITIES  TO  BE  LOCATED  WITHIN  THE
COUNTY,  WITH  RESPECT TO THE POPULATION AND OTHER CONSIDERATIONS NECES-
SARY  TO  PROVIDE  ADEQUATE RELIEF IN TIMES OF AN EMERGENCY. THE CITY OF
NEW YORK EMERGENCY MANAGEMENT OFFICIAL SHALL WORK IN  COORDINATION  WITH
ALL  APPROPRIATE  STATE  OFFICIALS  TO IDENTIFY AN APPROPRIATE NUMBER OF
REFUGE FACILITIES TO BE LOCATED WITHIN THAT CITY, WITH  RESPECT  TO  THE
POPULATION AND OTHER CONSIDERATIONS NECESSARY TO PROVIDE ADEQUATE RELIEF
IN TIMES OF AN EMERGENCY.
  3.  EACH REFUGE FACILITY SHALL BE REGISTERED WITH THE COUNTY EMERGENCY
MANAGEMENT OFFICE IN THE COUNTY IN  WHICH  SUCH  FACILITY  IS  SITUATED,
EXCEPT  IN  THE  CITY  OF NEW YORK WHEREIN THE CITY EMERGENCY MANAGEMENT
OFFICE SHALL MAINTAIN SUCH REGISTRATION. THE REGISTRIES SHALL BE UPDATED
ANNUALLY. SUCH REGISTRIES SHALL ALSO BE PROVIDED TO THE STATE  EMERGENCY
MANAGEMENT OFFICE.
  S  22-103. UTILITY RATE TREATMENT. NO ELECTRIC CORPORATION, AS DEFINED
BY SUBDIVISION THIRTEEN OF SECTION TWO OF THE PUBLIC SERVICE LAW,  SHALL
ESTABLISH  OR  MODIFY ANY TARIFFS WITH RESPECT TO REFUGE FACILITIES THAT
INSTALL COGENERATION EQUIPMENT.  ANY REFUGE FACILITY THAT IS  REGISTERED
WITH  THE STATE EMERGENCY MANAGEMENT OFFICE SHALL FURTHER BE EXEMPT FROM
PAYMENT OF ANY EXIT FEES OR ANY LOST REVENUES RESULTING FROM THE INSTAL-
LATION AND OPERATION OF COGENERATION EQUIPMENT AT THE  REFUGE  FACILITY.
TO THE EXTENT THAT THE REFUGE FACILITY REQUIRES INTERCONNECTION WITH THE
LOCAL  ELECTRIC  UTILITY SYSTEM, NO ELECTRIC CORPORATION SHALL ESTABLISH
OR MODIFY ANY TARIFF TO ESTABLISH A STANDBY RATE THAT DOES NOT TAKE INTO
ACCOUNT THE ACTUAL COSTS AND  BENEFITS  OF  THE  DISTRIBUTED  GENERATION
RESOURCE.  SUCH  STANDBY  RATE  SHALL  CONSIDER  THE  RELIABILITY OF THE
ON-SITE GENERATION, AS DETERMINED  BY  THE  FREQUENCY  AND  DURATION  OF
OUTAGES,  SO  THAT  CUSTOMERS  WITH MORE RELIABLE ON-SITE GENERATION AND
THOSE THAT REDUCE PEAK DEMAND PAY A LOWER COST-BASED RATE. TO THE EXTENT
THE INSTALLATION OF ANY  COGENERATION  EQUIPMENT  RESULTS  IN  INTERCON-
NECTION FEES, AN ELECTRIC CORPORATION SHALL ONLY COLLECT INTERCONNECTION
FEES THAT ARE REASONABLE.
  S  22-104.  PERFORMANCE  CONTRACTS.  FOR PURPOSES OF IMPLEMENTING THIS
ARTICLE, THE PROVISIONS OF ARTICLE NINE OF THIS CHAPTER SHALL BE  APPLI-
CABLE FOR THOSE PROJECTS FOR WHICH PERFORMANCE CONTRACTING IS A PREFERA-
BLE METHOD FOR THE FINANCING, INSTALLATION AND OPERATION OF COGENERATION
TECHNOLOGY EQUIPMENT.
  S 3. Section 1005 of the public authorities law is amended by adding a
new subdivision 25 to read as follows:
  25.  TO PROVIDE FINANCIAL ASSISTANCE FOR THE INSTALLATION OF COGENERA-
TION TECHNOLOGIES FOR THE PURPOSE OF  CREATING  AND  MAINTAINING  REFUGE
FACILITIES PURSUANT TO ARTICLE TWENTY-TWO OF THE ENERGY LAW.
  A.    THE  AUTHORITY MAY MAKE AVAILABLE FINANCIAL ASSISTANCE; PROVIDED
THAT NO COSTS ASSOCIATED WITH SUCH FINANCIAL ASSISTANCE SHALL BE CHARGED
TO THE AUTHORITY'S CUSTOMERS. SUCH FUNDS SHALL BE USED FOR THE  DEVELOP-
MENT OF REFUGE FACILITIES AS IDENTIFIED AMONG THE AUTHORITY'S CUSTOMERS.
  B.  THE AUTHORITY MAY SOLICIT APPLICATIONS FOR FINANCIAL ASSISTANCE BY
PUBLIC NOTICE. SUCH NOTICE SHALL BE IN THE FORM OF ADVERTISEMENTS, PRESS
RELEASES, AND BY SUCH OTHER MEANS AS THE AUTHORITY FINDS APPROPRIATE.
  C.  THE  AUTHORITY MAY PROVIDE FINANCIAL ASSISTANCE BY ENTERING INTO A
CONTRACT WITH A CONTRACTOR FOR THE COGENERATION SERVICES. THE  AUTHORITY
SHALL  EVALUATE  APPLICATIONS  FOR  FINANCIAL  ASSISTANCE BASED UPON THE
AMOUNT OF POWER SAVED AS A RESULT OF THE INSTALLATION OF  THE  COGENERA-

S. 1617--A                          4

TION EQUIPMENT AND THE SAVINGS IN ENERGY COSTS RELATIVE TO THE AMOUNT OF
FINANCIAL ASSISTANCE REQUIRED.
  S  4.  Sections 1020-ii, 1020-jj and 1020-kk of the public authorities
law, as renumbered by chapter 388 of the laws of 2011,   are  renumbered
sections 1020-jj, 1020-kk and 1020-ll and a new section 1020-ii is added
to read as follows:
  S  1020-II. REFUGE FACILITIES; COMPLIANCE. 1. THE AUTHORITY MAY ASSIST
WITH THE IMPLEMENTATION OF THE REFUGE FACILITIES, AS STATED  IN  ARTICLE
TWENTY-TWO OF THE ENERGY LAW, WITHIN THE SERVICE TERRITORY.
  2.  THE  AUTHORITY  MAY  MAKE AVAILABLE FINANCIAL ASSISTANCE; PROVIDED
THAT NO COSTS ASSOCIATED WITH SUCH FINANCIAL ASSISTANCE SHALL BE CHARGED
TO THE AUTHORITY'S CUSTOMERS. SUCH FUNDS SHALL BE USED FOR THE  DEVELOP-
MENT OF REFUGE FACILITIES WITHIN THE AUTHORITY'S SERVICE TERRITORY.
  3.  THE AUTHORITY MAY SOLICIT APPLICATIONS FOR FINANCIAL ASSISTANCE BY
PUBLIC NOTICE. SUCH NOTICE SHALL BE IN THE FORM OF ADVERTISEMENT,  PRESS
RELEASES, AND BY SUCH OTHER MEANS AS THE AUTHORITY FINDS APPROPRIATE.
  4.  THE  AUTHORITY MAY PROVIDE FINANCIAL ASSISTANCE BY ENTERING INTO A
CONTRACT WITH A CONTRACTOR FOR THE COGENERATION SERVICES. THE  AUTHORITY
SHALL  EVALUATE  APPLICATIONS  FOR  FINANCIAL  ASSISTANCE BASED UPON THE
AMOUNT OF POWER SAVED AS A RESULT OF THE INSTALLATION OF  THE  COGENERA-
TION EQUIPMENT AND THE SAVINGS IN ENERGY COSTS RELATIVE TO THE AMOUNT OF
FINANCIAL ASSISTANCE REQUIRED.
  S 5. Section 1854 of the public authorities law is amended by adding a
new subdivision 22 to read as follows:
  22.  TO PROVIDE FINANCIAL ASSISTANCE FOR THE INSTALLATION OF COGENERA-
TION TECHNOLOGIES FOR THE PURPOSE OF  CREATING  AND  MAINTAINING  REFUGE
FACILITIES  PURSUANT  TO  ARTICLE  TWENTY-TWO  OF  THE ENERGY LAW.   THE
AUTHORITY MAY SOLICIT APPLICATIONS FOR FINANCIAL  ASSISTANCE  BY  PUBLIC
NOTICE,  WHICH  PUBLIC  NOTICE  SHALL  BE IN THE FORM OF ADVERTISEMENTS,
PRESS RELEASES, AND BY SUCH OTHER MEANS AS THE AUTHORITY FINDS APPROPRI-
ATE. THE AUTHORITY MAY PROVIDE FINANCIAL ASSISTANCE BY ENTERING  INTO  A
CONTRACT  WITH A CONTRACTOR FOR THE COGENERATION SERVICES. THE AUTHORITY
SHALL EVALUATE APPLICATIONS FOR  FINANCIAL  ASSISTANCE  BASED  UPON  THE
AMOUNT  OF  POWER SAVED AS A RESULT OF THE INSTALLATION OF THE COGENERA-
TION EQUIPMENT AND THE SAVINGS IN ENERGY COSTS RELATIVE TO THE AMOUNT OF
FINANCIAL ASSISTANCE REQUIRED.  WHERE  APPROPRIATE,  THE  AUTHORITY  MAY
ACCESS FUNDS RECEIVED FROM UTILITY ASSESSMENTS FOR ENERGY EFFICIENCY AND
OTHER RESEARCH AND DEVELOPMENT ACTIVITIES IN ORDER TO PROVIDE GRANTS FOR
PROJECTS  REQUIRING  ADDITIONAL FINANCIAL ASSISTANCE, AND WHERE PERFORM-
ANCE CONTRACTING IS NOT AVAILABLE.  THE  AUTHORITY  MAY  MAKE  AVAILABLE
FINANCIAL  ASSISTANCE,  WHICH  SHALL  BE  MADE AVAILABLE FOR PROJECTS IN
UTILITY SERVICE TERRITORIES WHEREIN THE  RATEPAYERS  OF  SUCH  UTILITIES
CONTRIBUTE  TO  SUCH  ASSESSMENT  FOR ENERGY EFFICIENCY AND RESEARCH AND
DEVELOPMENT.
  S 6. Section 66 of the public service law is amended by adding  a  new
subdivision 29 to read as follows:
  29.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, NO
REFUGE FACILITY THAT IS IDENTIFIED AND IMPLEMENTED  IN  ACCORDANCE  WITH
ARTICLE  TWENTY-TWO OF THE ENERGY LAW SHALL BE SUBJECT TO ANY TRANSITION
COSTS, EXIT FEES, OR ADDITIONAL PAYMENTS, SUCH AS STANDBY RATES, RELATED
TO THE DISCONTINUANCE OF SERVICES FROM ITS  FORMER  SUPPLIER  OF  RETAIL
DISTRIBUTION SERVICE WHEN SUCH REFUGE FACILITY RECEIVES ELECTRIC SERVICE
IN  WHOLE  OR  IN  PART  FROM  A  SOURCE OF ELECTRICITY ACCORDING TO THE
PROVISIONS OF ARTICLE TWENTY-TWO OF  THE  ENERGY  LAW  AND  GENERATES  A
SUBSTANTIAL  PORTION  OF  ITS  OWN POWER AND DISTRIBUTES THAT POWER IN A

S. 1617--A                          5

MANNER WHICH BYPASSES THE  RETAIL  DISTRIBUTION  SYSTEM  OF  ITS  FORMER
SUPPLIER.
  S  7.  The  New  York  state energy research and development authority
shall assess the feasibility, costs, and benefits of installing  renewa-
ble  energy technologies, including cogeneration technology on the prem-
ises of refuge facilities as established under article 22 of the  energy
law.  The  authority shall report back to the legislature with its find-
ings within 6 months of the effective date of this act.
  S 8. This act shall take effect immediately.

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Senate Bill S1617A

Sponsored By

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Bill Amendments

2013-S1617 - Details

2013-S1617 - Summary

2013-S1617 - Sponsor Memo

2013-S1617 - Bill Text download pdf

2013-S1617A (ACTIVE) - Details

2013-S1617A (ACTIVE) - Summary

2013-S1617A (ACTIVE) - Sponsor Memo

2013-S1617A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1617A

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Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Bill Amendments

2013-S1617 - Details

2013-S1617 - Summary

2013-S1617 - Sponsor Memo

2013-S1617 - Bill Text download pdf

2013-S1617A (ACTIVE) - Details

2013-S1617A (ACTIVE) - Summary

2013-S1617A (ACTIVE) - Sponsor Memo

2013-S1617A (ACTIVE) - Bill Text download pdf

Comments