Relates to facilities of refuge

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 18 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

2008: S.3433A - Energy and Telecommunications 2008: A.10438A (Kavanagh)- Passed Assembly 2007: S.7707 - Energy and Telecommunications 2007: A.02282 (Tonko)- Passed Assembly 2006: A.05812 (Tonko) - Passed Assembly 2005: A.05812 (Tonko) - Ways and Means 2004: A.1115 (Tonko) - Third Reading

Fiscal implications

None to the State fisc. 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.