This bill has been amended

Bill S1149-2011

Relates to net energy metering for micro-hydroelectric generating equipment

Relates to net energy metering for micro-hydroelectric generating equipment.

Details

Actions

  • 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: 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

Votes

VOTE: COMMITTEE VOTE: - Energy and Telecommunications - May 10, 2011
Ayes (11): Maziarz, Alesi, Fuschillo, Griffo, O'Mara, Ritchie, Robach, Parker, Adams, Gianaris, Kennedy
Ayes W/R (1): Kruger

Memo

BILL NUMBER:S1149

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 1149 2011-2012 Regular Sessions IN SENATE January 5, 2011 ___________
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 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. Subdivision 1 of section 66-j of the public service law is amended by adding a new paragraph (h) to read as follows: (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, 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 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. 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: 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 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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