S T A T E   O F   N E W   Y O R K
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                                 1044--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  KAVANAGH, GALEF, JAFFEE, MILLMAN, ROSENTHAL,
  SCARBOROUGH -- Multi-Sponsored by -- M. of A.  CLARK,  COLTON,  GLICK,
  GOTTFRIED,  HIKIND, HOOPER, RIVERA, ROBINSON, SWEENEY, THIELE, WEISEN-
  BERG, WRIGHT -- read once and referred to the Committee on  Energy  --
  recommitted  to  the  Committee  on Energy 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  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

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

                                                           LBD02755-03-4

A. 1044--A                          2

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
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

A. 1044--A                          3

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
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

A. 1044--A                          4

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
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

A. 1044--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.