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Energy and Telecommunications: Mar 27, 2012

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Active List: Apr 19, 2012 , Floor Calendar: Mar 28, 2012 , Floor Calendar: Mar 29, 2012 , Floor Calendar: Mar 30, 2012 , Floor Calendar: Apr 17, 2012 , Floor Calendar: Apr 18, 2012 , Floor Calendar: Apr 19, 2012

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Memo

BILL NUMBER:S6670

TITLE OF BILL: An act to amend the public service law, in relation to remote net energy metering by farm and non-residential customer-generators using micro-hydroelectric generating equipment

PURPOSE: This bill would amend portions of the state's net metering law to allow farm operations, customers who own land used in agricultural production and non-residential customers of an electric corporation to generate electricity at one location that is owned or under the control of such customer, and via "remote net metering" apply net metering credit for such electricity generation to meters at other locations of the customer with respect to micro-hydroelectric power.

SUMMARY OF PROVISIONS: Section 1 redesignates vi and vii of paragraph (a) of subdivision 1 of section 66-j of the public service law as vii and viii.

Section 2 Subdivision 3 of section 66-j of the public service law is amended by adding a new paragraph (f) to allow for remote net metering for micro-hydroelectric generating equipment for farm customers or nonresidential customer-generator.

Section 3 Contains the effective date.

EXISTING LAW: Current law allows for "remote net metering" for electricity generated by solar, wind or farm waste energy generating equipment owned by farm and non-residential customer-generators.

JUSTIFICATION: New York's current net metering law only allows micro-hydroelectric generating equipment connected to a single meter to receive credit at that single meter. This bill would allow farm operations, customers with land in agricultural production, or non-residential customers to apply credit received for power delivered to the grid to any of the customer's meters rather than only to a single, directly connected meter as long as the meters are located on the customers property within the same utility territory. This legislation brings micro-hydroelectric net metering law in line with both solar, wind and farm waste energy generating equipment owned by farm operations and non-residential customers.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE:

This act shall take effect immediately.

Text

STATE OF NEW YORK
________________________________________________________________________

6670

IN SENATE

March 8, 2012
___________

Introduced  by  Sens. LITTLE, MAZIARZ -- read twice and ordered printed,
  and when printed to be committed to the Committee on Energy and  Tele-
  communications

AN ACT to amend the public service law, in relation to remote net energy
  metering  by farm and non-residential customer-generators using micro-
  hydroelectric generating equipment

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

  Section  1.  Subparagraphs (vi) and (vii) of paragraph (a) of subdivi-
sion 1 of section 66-j of the public service law, subparagraph  (vi)  as
added by chapter 546 of the laws of 2011, are redesignated subparagraphs
(vii) and (viii).
  S  2.  Subdivision  3  of  section  66-j  of the public service law is
amended by adding a new paragraph (f) to read as follows:
  (F) 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  (VIII) OF PARAGRAPH (A) OF SUBDIVISION ONE OF
THIS SECTION THAT LOCATES MICRO-HYDROELECTRIC GENERATING EQUIPMENT  WITH
A  NET ENERGY METER ON PROPERTY OWNED OR LEASED BY SUCH CUSTOMER-GENERA-
TOR 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 FOLLOWING MONTH.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14908-02-2