S1149A-2011 Actions

• Sep 23, 2011: SIGNED CHAP.546
• Sep 12, 2011: DELIVERED TO GOVERNOR
• Jun 17, 2011: returned to senate
• Jun 17, 2011: passed assembly
• Jun 17, 2011: ordered to third reading cal.1
• Jun 17, 2011: substituted for a28a
• Jun 16, 2011: referred to energy
• Jun 16, 2011: DELIVERED TO ASSEMBLY
• Jun 16, 2011: PASSED SENATE
• Jun 13, 2011: AMENDED ON THIRD READING 1149A
• Jun 13, 2011: RESTORED TO THIRD READING
• Jun 13, 2011: VOTE RECONSIDERED - RESTORED TO THIRD READING
• Jun 13, 2011: SUBSTITUTION RECONSIDERED
• Jun 13, 2011: SUBSTITUTED BY A28
• May 16, 2011: ADVANCED TO THIRD READING
• May 11, 2011: 2ND REPORT CAL.
• May 10, 2011: 1ST REPORT CAL.608
• Jan 5, 2011: REFERRED TO ENERGY AND TELECOMMUNICATIONS

S1149A-2011 Calendars

S1149A-2011 Votes

S1149A-2011 Memo

BILL NUMBER:S1149A

TITLE OF BILL:
An act to amend the public service law and the public authorities law,
in relation to net energy metering with micro-hydroelectric generating
equipment

PURPOSE OR GENERAL IDEA OF BILL:
This bill expands the list of electric generating systems eligible for
net metering to include micro-hydroelectric systems.

SUMMARY OF SPECIFIC PROVISIONS:
Amends  section  66-j  of the public service law, to allow residential
and non-residential customers utilizing micro-hydroelectric generating
equipment to participate in net-metering.

JUSTIFICATION:
The 2009 State Energy Plan estimates that New York has  the  potential
to  add 2,257 MW of hydropower and additional 1,000 MW of hydrokinetic
energy by 2025.  Expanding  New  York's  net  metering  law  to  cover
residential    and   non-residential   utility   customers   utilizing
micro-hydroelectric  generating   systems   will   encourage   greater
investment  in  facilities  that  generate energy from clean renewable
sources.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S1149A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 1149--A
 Cal. No. 608
 2011-2012 Regular Sessions
 I N  SENATE
 January 5, 2011
 
 Introduced  by Sens. PARKER, MAZIARZ, OPPENHEIMER, SAMPSON -- read twice
 and ordered printed, and when printed to be committed to the Committee
 on Energy and  Telecommunications  --  reported  favorably  from  said
 committee,  ordered  to  first  and  second report, ordered to a third
 reading, substituted by Assembly Bill No. 28,  substitution  reconsid
 ered  and  vote  reconsidered,  restored to third reading, amended and
 ordered reprinted, retaining its place in the order of third reading
 

AN ACT to amend the public service law and the public  authorities  law,
 in relation to net energy metering with micro-hydroelectric generating
 equipment
 

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

 

Section 1.  The section heading and paragraph (a) of subdivision 1  of
 section 66-j of the public service law, as amended by chapter 355 of the
 laws  of  2009, are amended and a new paragraph (h) is added to subdivi
 sion 1 to read as follows:

 Net energy metering for residential solar, farm waste, non-residential
 solar electric generating systems, micro-combined heat and power  gener
 ating  equipment,  [or]  fuel  cell  electric  generating equipment, AND
 MICRO-HYDROELECTRIC GENERATING EQUIPMENT.
 (a) "Customer-generator" means: (i) a residential customer of an elec
 tric corporation, who owns or operates solar electric generating  equip
 ment  located  and  used  at his or her residence; (ii) a customer of an
 electric corporation, who owns or operates farm waste electric  generat
 ing  equipment  located and used at his or her "farm operation," as such
 term is defined in subdivision eleven of section three  hundred  one  of
 the  agriculture and markets law; (iii) a non-residential customer of an
 electric corporation which owns or operates  solar  electric  generating
 equipment  located and used at its premises; (iv) a residential customer
 of an electric corporation who owns, leases or  operates  micro-combined
 heat  and power generating equipment located on the customer's premises;
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00896-03-1
 
       S. 1149--A                          2
 [and] (v) a residential customer of an electric  corporation  who  owns,
 leases or operates fuel cell generating equipment located on the custom
 er's  premises;  (VI) A RESIDENTIAL CUSTOMER OF AN ELECTRIC CORPORATION,
 WHO  OWNS  OR  OPERATES MICRO-HYDROELECTRIC GENERATING EQUIPMENT LOCATED
 AND USED AT HIS OR HER RESIDENCE; AND (VII) A  NON-RESIDENTIAL  CUSTOMER
 OF  AN  ELECTRIC  CORPORATION WHICH OWNS OR OPERATES MICRO-HYDROELECTRIC
 GENERATING EQUIPMENT LOCATED AND USED AT ITS PREMISES.
 (H) "MICRO-HYDROELECTRIC GENERATING EQUIPMENT" MEANS  A  HYDROELECTRIC
 SYSTEM  (I)  (A)  IN  THE  CASE  OF A RESIDENTIAL CUSTOMER, WITH A RATED
 CAPACITY OF NOT MORE THAN TWENTY-FIVE KILOWATTS; AND (B) IN THE CASE  OF
 A  NON-RESIDENTIAL  CUSTOMER, WITH A RATED CAPACITY OF NOT MORE THAN TWO
 THOUSAND KILOWATTS; AND (II) THAT IS MANUFACTURED, INSTALLED, AND  OPER
 ATED  IN  ACCORDANCE  WITH APPLICABLE GOVERNMENT AND INDUSTRY STANDARDS,
 THAT IS CONNECTED TO THE ELECTRIC SYSTEM  AND  OPERATED  IN  CONJUNCTION
 WITH AN ELECTRIC CORPORATION'S TRANSMISSION AND DISTRIBUTION FACILITIES,
 AND  THAT  IS OPERATED IN COMPLIANCE WITH ANY STANDARDS AND REQUIREMENTS
 ESTABLISHED UNDER THIS SECTION.
 

S 2. Subdivision 2 of section 66-j  of  the  public  service  law,  as
 amended  by  chapter  355  of  the  laws  of 2009, is amended to read as
 follows:

 2. Interconnection and net energy metering.  An  electric  corporation
 shall  provide  for the interconnection of solar and farm waste electric
 generating equipment, micro-combined heat and power generating equipment
 [and], fuel cell electric generating equipment  AND  MICRO-HYDROELECTRIC
 GENERATING  EQUIPMENT  owned or operated by a customer-generator and for
 net energy metering, provided that the customer-generator enters into  a
 net  energy  metering contract with the corporation or complies with the
 corporation's net energy metering schedule and complies  with  standards
 and requirements established under this section.
 

S  3.  Subdivision  3  of  section  66-j of the public service law, as
 amended by chapter 355 of the laws of 2009, subparagraphs (i) and  (iii)
 of  paragraph  (c) as amended by chapter 7 of the laws of 2010 and para
 graph (e) as added by chapter 35 of the laws of 2011, is amended to read
 as follows:

 3. Conditions of service. (a) (i) On or before three months after  the
 effective  date of this section, each electric corporation shall develop
 a model contract and file a schedule  that  establishes  consistent  and
 reasonable  rates,  terms  and  conditions  for  net  energy metering to
 customer-generators, according to the requirements of this section.  The
 commission  shall render a decision within three months from the date on
 which the schedule is filed.
 (ii) On or before three  months  after  the  effective  date  of  this
 subparagraph,  each  electric corporation shall develop a model contract
 and file a schedule that establishes consistent  and  reasonable  rates,
 terms and conditions for net energy metering to non-residential customer
 generators,  according  to the requirements of this section. The commis
 sion shall render a decision within three months of the  date  on  which
 the schedule is filed.
 (iii)  Each electric corporation shall make such contract and schedule
 available to customer-generators on a first come,  first  served  basis,
 until the total rated generating capacity for solar and farm waste elec
 tric  generating  equipment,  micro-combined  heat  and power generating
 equipment [and], fuel cell electric generating equipment  AND  MICRO-HY
 DROELECTRIC  GENERATING EQUIPMENT owned, leased or operated by customer
 generators in the  corporation's  service  area  is  equivalent  to  one
 
       S. 1149--A                          3
 percent  of  the corporation's electric demand for the year two thousand
 five, as determined by the department.
 (b)  Nothing  in  this  subdivision  shall prohibit a corporation from
 providing net energy metering  to  additional  customer-generators.  The
 commission  shall  have the authority, after January first, two thousand
 twelve, to increase the percent limits if it determines that  additional
 net energy metering is in the public interest.
 (c)  In  the event that the electric corporation determines that it is
 necessary to install a dedicated transformer or transformers,  or  other
 equipment  to  protect  the  safety  and  adequacy  of  electric service
 provided to other customers, a customer-generator shall pay the electric
 corporation's actual costs of installing the  transformer  or  transfor
 mers, or other equipment:

 (i)  In  the  case  of a customer-generator who owns or operates solar
 electric generating equipment, micro-combined heat and power  generating
 equipment [or], fuel cell electric generating equipment OR MICRO-HYDROE
 LECTRIC  GENERATING  EQUIPMENT located and used at his or her residence,
 or a non-residential customer-generator who owns or operates solar elec
 tric generating equipment with a rated capacity of not more  than  twen
 ty-five  kilowatts,  up  to  a  maximum  amount  of  three hundred fifty
 dollars;
 (ii) In the case of a customer-generator who  owns  or  operates  farm
 waste electric generating equipment located and used at his or her "farm
 operation,"  up  to  a  total  amount of five thousand dollars per "farm
 operation"; and
 (iii) In the case of a non-residential customer-generator who owns  or
 operates  solar  electric  generating  equipment  OR MICRO-HYDROELECTRIC
 GENERATING EQUIPMENT with a rated  capacity  of  more  than  twenty-five
 kilowatts located and used at its premises, such cost shall be as deter
 mined by the electric corporation subject to review, upon the request of
 such customer-generator, by the department.
 (d)  An  electric  corporation  shall  impose  no other charge or fee,
 including back-up, stand by and demand charges, for the provision of net
 energy metering to a customer-generator, except as provided in paragraph
 (d) of subdivision four of this section.
 (e) A customer who owns or operates a farm operation as such  term  is
 defined  in subdivision eleven of section three hundred one of the agri
 culture and markets law,  or  a  non-residential  customer-generator  as
 defined  by  subparagraph  (iii)  of paragraph (a) of subdivision one of
 this section that locates solar electric generating  equipment  or  farm
 waste  electric generating equipment with a net energy meter on property
 owned or leased by  such  customer-generator  may  designate  all  or  a
 portion  of  the  net  metering  credits  generated by such equipment to
 meters at any property owned or leased by such customer-generator within
 the service territory of the same  electric  corporation  to  which  the
 customer-generator's  net  energy  meters  are  interconnected and being
 within the same load zone as determined by the location  based  marginal
 price  as  of  the  date of initial request by the customer-generator to
 conduct net metering. The electric corporation will credit the  accounts
 of  the customer by applying any credits to the highest use meter first,
 then subsequent highest use meters until all such credits are attributed
 to the customer. Any excess credits shall be carried over to the follow
 ing month.
 

S 4. Subdivision 5 of section 66-j  of  the  public  service  law,  as
 amended  by  chapter  355  of  the  laws  of 2009, is amended to read as
 follows:

 
       S. 1149--A                          4
 5. Safety standards. (a) On or before three months after the effective
 date of this section, each electric corporation shall  establish  stand
 ards  that are necessary for net energy metering and the interconnection
 of residential  solar  or  farm  waste  electric  generating  equipment,
 micro-combined  heat  and power generating equipment and fuel cell elec
 tric generating equipment AND MICRO-HYDROELECTRIC  GENERATING  EQUIPMENT
 to  its system and that the commission shall determine are necessary for
 safe and adequate service and further the public  policy  set  forth  in
 this section. Such standards may include but shall not be limited to:

 (i)  equipment  necessary  to  isolate  automatically  the residential
 solar, farm waste, micro-combined heat and power and fuel cell  electric
 generating  system AND MICRO-HYDROELECTRIC GENERATING EQUIPMENT from the
 utility system for voltage and frequency deviations; and
 (ii) a manual lockable disconnect switch provided by the customer-gen
 erator which shall be located on the outside of the customer's  premises
 and  externally  accessible for the purpose of isolating the residential
 solar and farm waste electric generating equipment AND  MICRO-HYDROELEC
 TRIC GENERATING EQUIPMENT.
 (b)  Upon  its  own motion or upon a complaint, the commission, or its
 designated representative, may investigate and make a  determination  as
 to  the  reasonableness and necessity of the standards or responsibility
 for compliance with the standards.
 (i) In the case of a customer-generator who  owns  or  operates  solar
 electric  generating equipment located and used at his or her residence;
 an electric corporation may not require a customer-generator  to  comply
 with  additional  safety  or  performance  standards, perform or pay for
 additional tests, or purchase additional  liability  insurance  provided
 that  the residential solar or farm waste electric generating equipment,
 micro-combined heat and power generating equipment [or], fuel cell elec
 tric generating equipment OR  MICRO-HYDROELECTRIC  GENERATING  EQUIPMENT
 meets the safety standards established pursuant to this paragraph.
 (ii)  In  the  case  of a customer-generator who owns or operates farm
 waste electric generating equipment located and used at his or her "farm
 operation," an electric corporation may not require a customer-generator
 to comply with additional safety or performance  standards,  perform  or
 pay  for  additional  tests,  or purchase additional liability insurance
 provided that:

 1. the electric generating equipment meets the safety standards estab
 lished pursuant to this paragraph; and
 2. the total rated generating capacity (measured in kW) of farm  waste
 electric  generating equipment that provides electricity to the electric
 corporation through the same local feeder line, does not  exceed  twenty
 percent of the rated capacity of that local feeder line.
 (iii)  In  the  event that the total rated generating capacity of farm
 waste electric generating equipment that  provides  electricity  to  the
 electric  corporation  through the same local feeder line exceeds twenty
 percent of the rated capacity of the local  feeder  line,  the  electric
 corporation may require the customer-generator to comply with reasonable
 measures to ensure safety of that local feeder line.
 

S  5.  Subdivision  5-a  of section 66-j of the public service law, as
 amended by chapter 355 of the laws  of  2009,  is  amended  to  read  as
 follows:

 5-a.  Safety  standards;  non-residential  solar  electric  generating
 equipment AND MICRO-HYDROELECTRIC  GENERATING  EQUIPMENT.    (a)  On  or
 before  three  months after the effective date of this subdivision, each
 electric corporation shall establish standards that  are  necessary  for
 
       S. 1149--A                          5
 net  energy  metering  and  the interconnection of non-residential solar
 electric generating equipment OR MICRO-HYDROELECTRIC  GENERATING  EQUIP
 MENT to its system and that the commission shall determine are necessary
 for safe and adequate service and further the public policy set forth in
 this section. Such standards may include but shall not be limited to:

 (i)  equipment necessary to isolate automatically the solar generating
 system OR MICRO-HYDROELECTRIC  GENERATING  EQUIPMENT  from  the  utility
 system for voltage and frequency deviations; and
 (ii) a manual lockable disconnect switch provided by the customer-gen
 erator which shall be located on the outside of the customer-generator's
 premises  and  externally  accessible  for  the purpose of isolating the
 solar electric generating equipment  OR  MICRO-HYDROELECTRIC  GENERATING
 EQUIPMENT.
 (b)  In  the  event  that the total rated generating capacity of solar
 electric generating equipment OR MICRO-HYDROELECTRIC  GENERATING  EQUIP
 MENT  that  provides electricity to the electric corporation through the
 same local feeder line exceeds twenty percent of the rated  capacity  of
 the  local feeder line, the electric corporation may require the custom
 er-generator to comply with reasonable measures to ensure safety of  the
 local feeder line.
 (c)  Unless otherwise determined to be necessary by the commission, an
 electric corporation may not require a customer-generator to comply with
 additional safety or performance standards, perform  or  pay  for  addi
 tional  tests,  or purchase additional liability insurance provided that
 the solar electric generating equipment OR MICRO-HYDROELECTRIC  GENERAT
 ING  EQUIPMENT  meets  the safety standards established pursuant to this
 subdivision.
 (d) Upon its own motion or upon a complaint, the  commission,  or  its
 designated  representative,  may investigate and make a determination as
 to the reasonableness and necessity of the standards  or  responsibility
 for compliance with the standards.
 

S  6. Subdivision (h) of section 1020-g of the public authorities law,
 as amended by chapter 355 of the laws of 2009, is  amended  to  read  as
 follows:

 (h)  To  implement  programs  and policies designed to provide for the
 interconnection of: (i) (A) solar electric generating equipment owned or
 operated by residential customers, (B) farm  waste  electric  generating
 equipment  owned  or operated by customer-generators, (C) solar electric
 generating equipment owned or operated by non-residential customers, (D)
 micro-combined heat and power  generating  equipment  owned,  leased  or
 operated by residential customers, [and] (E) fuel cell electric generat
 ing  equipment  owned,  leased or operated by residential customers, AND
 (F) MICRO-HYDROELECTRIC GENERATING EQUIPMENT OWNED, LEASED  OR  OPERATED
 BY  CUSTOMER-GENERATORS  and  for  net  energy  metering consistent with
 section sixty-six-j of the public service law, to increase the efficien
 cy of energy end use, to shift demand from periods  of  high  demand  to
 periods of low demand and to facilitate the development of cogeneration;
 and (ii) wind electric generating equipment owned or operated by custom
 er-generators  and  for  net  energy  metering  consistent  with section
 sixty-six-l of the public service law.
 

S 7. This act shall take effect immediately.

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