2023 New York Laws › PBS - Public Service › Article 4 - Provisions Relating to Gas and Electric Corporations; Regulation of Price of Gas and Electricity › 66-T - Thermal Energy Network Development.

* §  66-t.  Thermal  energy network development. 1. The public service
  commission shall initiate  a  proceeding  within  three  months  of  the
  effective  date  of  this  section to support the development of thermal
  energy networks for the purpose of meeting the greenhouse gas  emissions
  and equity goals of the climate leadership and community protection act.
  The  matters  the  commission  shall  consider  in such proceeding shall
  include, but shall not be limited to, the appropriate ownership, market,
  and  rate  structures  for  thermal  energy  networks  and  whether  the
  provision of thermal energy services by gas and/or electric utilities is
  in  the  public  interest.  The  commission  shall  promulgate rules and
  regulations within two years to: (a) create fair market access rules for
  utility-owned thermal energy networks  to  accept  thermal  energy  that
  aligns  with the climate justice and greenhouse gas emissions reductions
  requirements of the climate leadership and community protection act  and
  that  does  not  increase greenhouse gas emissions or co-pollutants; (b)
  exempt small-scale thermal energy networks not owned by  utilities  from
  commission  regulation;  (c)  promote  the  training  and  transition of
  utility workers impacted by this act;  and  (d)  encourage  third  party
  participation  and  competition  where  it  will  maximize  benefits  to
  customers.
2. Within three months of the effective date of this section, each  of
  the  seven  largest  gas,  electric,  or  combination  gas  and electric
  corporations shall submit to the commission for review and  approval  at
  least  one  and  as  many  as five proposed pilot thermal energy network
  projects. In developing the pilot project proposals, at least one  pilot
  project  in  each utility territory shall be proposed in a disadvantaged
  community as defined in subdivision  five  of  section  75-0101  of  the
  environmental  conservation  law, and if a utility proposes four or more
  pilot  projects,  at  least  two  shall  be  proposed  in  disadvantaged
  communities.   Each   utility   shall   coordinate  with  other  utility
  participants,  the  New  York  state  energy  research  and  development
  authority,  and  consultants with expertise on successful pilot projects
  to ensure that the pilot projects are diverse and designed to inform the
  commission's decisions in  the  proceeding  on  the  various  ownership,
  market,  and  rate  structures  for  thermal  energy networks. The pilot
  project proposals shall include specific customer protection  plans  and
  shall  be  made publicly available on the commission's website and shall
  be subject to a public comment period  of  no  less  than  thirty  days.
  Within  six months of the effective date of this section, the commission
  shall determine whether it is in  the  public  interest  to  approve  or
  modify  such  pilot  thermal  energy network projects and shall issue an
  order directing each gas,  electric  or  combination  gas  and  electric
  corporation  to implement such proposed or modified pilot thermal energy
  network projects. In considering whether pilot  thermal  energy  network
  projects  are  in  the  public  interest,  the commission shall consider
  whether the pilot  project  will  develop  information  useful  for  the
  commission's   promulgation  of  regulations  governing  thermal  energy
  networks, whether the pilot project furthers the climate justice  and/or
  emissions  reduction  mandates  of  the climate leadership and community
  protection  act,  whether  the  pilot  project  advances  financial  and
  technical    approaches    to    equitable   and   affordable   building
  electrification, and whether  the  pilot  project  creates  benefits  to
  customers  and  society  at  large,  including but not limited to public
  health benefits in areas with disproportionate environmental  or  public
  health  burdens,  job  retention/creation,  reliability,  and  increased
  affordability of renewable thermal energy options.
3. Each gas, electric, or  combination  gas  and  utility  corporation
  shall  report  to  the  commission,  on  a  quarterly  basis,  and until

  completion of the pilot thermal energy network project as determined  by
  the commission, the status of each pilot thermal energy network project.
  The  commission  shall  post and make publicly available such reports on
  its  website.  The report shall include, but not be limited to, the: (a)
  stage of development of each pilot project; (b) barriers to development;
  (c) number of customers served; (d) costs  of  the  pilot  project;  (e)
  number  of  jobs  retained  or created by the pilot project; and (f) any
  other such  information  the  commission  deems  to  be  in  the  public
  interest.
4.  Any  thermal  energy  network  created  under  this  section shall
  demonstrate that the gas or electric  corporation  has  entered  into  a
  labor   peace   agreement   with  a  bona  fide  labor  organization  of
  jurisdiction that is actively engaged in representing gas  and  electric
  corporation  employees.  The  labor  peace  agreement shall apply to the
  employees necessary for the maintenance and operation  of  such  thermal
  energy  network.  The labor peace agreement shall be an ongoing material
  condition of authorization to maintain and operate such  thermal  energy
  networks.  The  employees  eligible  for  these positions shall first be
  selected from and offered to a pool of transitioning utility workers who
  have lost, or are at risk of losing, their  employment  with  a  utility
  downsizing  its  gas  transmission and distribution system. Such list of
  potential employees shall be provided by affected unions and provided to
  the department of labor.  The  department  of  labor  shall  update  and
  provide  such  list to the gas or electric corporation ninety days prior
  to purchase, acquisition, and/or  construction  of  any  thermal  energy
  network created under this section.
* NB There are 2 § 66-t's