Bill S6671-2011

Relates to net metering of electric generating facilities; repealer

Relates to net metering of electric generating facilities and repeals sections 66-j, 66-k, and 66-l of the public service law relating to net metering of certain electric generation systems and sulfur dioxide trading credits.

Details

  • Versions
  • Sponsor:
  • Multi-sponsor(s):
  • Co-sponsor(s):
  • Committee:
  • Law Section:
  • Law:

Actions

  • Jun 12, 2012: REPORTED AND COMMITTED TO RULES
  • Jun 5, 2012: REPORTED AND COMMITTED TO FINANCE
  • Mar 8, 2012: REFERRED TO ENERGY AND TELECOMMUNICATIONS

Votes

VOTE: COMMITTEE VOTE: - Energy and Telecommunications - Jun 5, 2012
Ayes (10): Maziarz, Alesi, Fuschillo, O'Mara, Ritchie, Robach, Parker, Gianaris, Kennedy, Dilan
Ayes W/R (2): Griffo, Adams

Memo

BILL NUMBER:S6671

TITLE OF BILL: An act to amend the public service law, the public authorities law and the environmental conservation law, in relation to net metering of electric generating facilities; to repeal sections 66-j and 66-l of the public service law relating to net metering of certain residential and non-residential electric generating systems; and to repeal section 66-k of the public service law, subdivision 10-a of section 1854 of the public authorities law, and section 99-g of the state finance law relating to sulfur dioxide trading credits

PURPOSE OF THE BILL:

The bill would provide for the consistent application of net metering requirements to all eligible technologies.

SUMMARY OF PROVISIONS:

Section 1 of the bill would add a new Public Service Law ("PSL") § 66-j that would merge the provisions of the existing version of PSL § 66-j (net metering for residential solar, farm waste, non-residential solar electric generating systems, micro-combined heat and power generating equipment, fuel cell electric generating equipment, and micro-hydroelectric generating equipment) and the provisions of PSL 66-1 (net metering for residential, farm service and non-residential wind electric generating systems). It would repeal PSL §§ 66-j, 66-k and 66-l and clarify the availability of net metering for all customers with eligible facilities.

Sections 2 of the bill would amend Public Authorities Law ("PAL") §§ 1020-g(h) to conform to the changes made by adding a new PSL § 66-j.

Sections 3 of the bill would PAL § 1020-cc to conform to the changes made by adding a new PSL § 66-j.

Section 4 of the bill would amend Environmental Conservation Law ("ECL") § 19-0921(3) to conform to changes made by repealing PSL § 66-k.

Sections 5 would repeal PAL § 1854(10-a).

Sections 6 of the bill would repeal State Finance Law ("SFL") § 99-g.

Section 7 of the bill would make the bill effective immediately upon enactment into law.

EXISTING LAW:

PSL §§ 66-j and 66-l provide for net metering of various residential and non-residential solar, wind, farm waste, fuel cell and micro-hydroelectric generating facilities. PAL §§ 1020g(h), 1020-cc require the Long Island Power Authority ("LIPA") to implement programs and policies for net metering consistent with those set forth in PSL §§ 66-j and 66-l.

PSL § 66-k establishes an allowance credit trading/sales system for sulfur dioxide (S02) emission allowances. The provision was never implemented based on federal court rulings that the provision violated the United States Constitution. PAL § 1854(10-a)(a) requires the New York State Energy, Research and Development Authority to administer air pollution mitigation funds and refers to funds collected pursuant to PSL § 66-k. ECL § 19-0921 (3) requires the Department of Environmental Conservation to report to the Legislature any finding that a federal law has been enacted that will result in at least a fifty percent reduction in sulfur dioxide emissions as defined under PSL § 66-k.

PRIOR LEGISLATIVE HISTORY:

New proposal.

STATEMENT IN SUPPORT:

Net metering allows customers to generate electricity with environmentally friendly sources for their own use and credit their utility bills for any excess electricity delivered to the utilities for use by the general body of customers. In so doing, energy demand on the electric system is reduced and supply augmented. Net metering was first established in New York State for small, residential solar facilities in 1998 with the enactment of PSL §66-j. Since that time, PSL §66-j has been amended numerous times, and PSL §66-1 was added in 2004 (and subsequently amended), to include additional technologies of various sizes, as well as authorizing net metering under for certain non-residential customers. In 2011 alone PSL §§66-j, §66-1, and §1020-g(h) (Chapters 35, 530 and 546 of the Laws of 2011) were amended. As a result, the requirements for the various technologies and customers are inconsistent and difficult to apply equitably,

The bill would address these concerns by merging PSL §§66-j and 66-1 to establish uniform requirements for the various technologies eligible for net metering. The bill would make few substantive changes; rather, it combines the two sections of law to provide consistent requirements for the various eligible technologies. In addition, it is unclear whether net metering would apply to leased facilities; this bill would clarify that customers with eligible

facilities can avail themselves of net metering, regardless of whether the facilities are leased. It would increase the opportunities for net metering, thus providing additional distributed generation and reducing demand on the electric grid. Conforming changes are also proposed for PAL § 1030-g(h), which will provide net metering opportunities for LIPA customers that mirror those for customers served by utilities regulated by the Public Service Commission.

Finally, the bill would repeal PSL §66-k, and make conforming changes to PAL § 1854(10-a)(a) and ECL § 19-0921(3), to address the Court of Appeals for the Second Circuit's decision (Clean Air Markets Group v. Pataki, 194 F.Supp,2d 147, affd 338 F.3d 82 (2002)), finding that PSL §66-k was pre-empted by the federal Clean Air Act.

BUDGET IMPLICATIONS:

None.

EFFECTIVE DATE:

The bill would be effective immediately upon enactment.


Text

STATE OF NEW YORK ________________________________________________________________________ 6671 IN SENATE March 8, 2012 ___________
Introduced by Sen. MAZIARZ -- (at request of the Department of Public Service) -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommunications AN ACT to amend the public service law, the public authorities law and the environmental conservation law, in relation to net metering of electric generating facilities; to repeal sections 66-j and 66-l of the public service law relating to net metering of certain residential and non-residential electric generating systems; and to repeal section 66-k of the public service law, subdivision 10-a of section 1854 of the public authorities law, and section 99-g of the state finance law relating to sulfur dioxide trading credits THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Sections 66-j, 66-k and 66-l of the public service law are REPEALED and a new section 66-j is added to read as follows: S 66-J. NET ENERGY METERING FOR RESIDENTIAL SOLAR, RESIDENTIAL WIND, RESIDENTIAL MICRO-HYDROELECTRIC, FARM WASTE, FARM WIND, NON-RESIDENTIAL SOLAR, NON-RESIDENTIAL WIND, NON-RESIDENTIAL MICRO-HYDROELECTRIC, RESI- DENTIAL MICRO-COMBINED HEAT AND POWER AND FUEL CELL, AND NON-RESIDENTIAL FUEL CELL ELECTRIC GENERATING EQUIPMENT. 1. DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "CUSTOMER-GENERATOR" MEANS: (I) A RESIDENTIAL CUSTOMER OF AN ELEC- TRIC CORPORATION, WHO LOCATES AND USES SOLAR ELECTRIC GENERATING EQUIP- MENT AT HIS OR HER RESIDENCE; (II) A RESIDENTIAL CUSTOMER OF AN ELECTRIC CORPORATION, WHO LOCATES AND USES WIND ELECTRIC GENERATING EQUIPMENT AT HIS OR HER RESIDENCE; (III) A RESIDENTIAL CUSTOMER OF AN ELECTRIC CORPO- RATION, WHO LOCATES AND USES MICRO-HYDROELECTRIC GENERATING EQUIPMENT AT HIS OR HER RESIDENCE; (IV) A CUSTOMER OF AN ELECTRIC CORPORATION, WHICH LOCATES AND USES FARM WASTE ELECTRIC GENERATING EQUIPMENT AT THE CUSTOM- ER'S FARM OPERATION, AS SUCH TERM IS DEFINED IN SUBDIVISION ELEVEN OF SECTION THREE HUNDRED ONE OF THE AGRICULTURE AND MARKETS LAW; (V) A CUSTOMER OF AN ELECTRIC CORPORATION, WHICH LOCATES AND USES FARM WIND ELECTRIC GENERATING EQUIPMENT ON LAND USED IN AGRICULTURAL PRODUCTION AS DEFINED IN SUBDIVISION FOUR OF SECTION THREE HUNDRED ONE OF THE AGRICUL-
TURE AND MARKETS LAW AND WHICH IS ALSO THE LOCATION OF THE CUSTOMER'S PRIMARY RESIDENCE; (VI) A NON-RESIDENTIAL CUSTOMER OF AN ELECTRIC CORPO- RATION, WHICH LOCATES AND USES SOLAR ELECTRIC GENERATING EQUIPMENT AT ITS PREMISES; (VII) A NON-RESIDENTIAL CUSTOMER OF AN ELECTRIC CORPO- RATION, WHICH LOCATES AND USES WIND ELECTRIC GENERATING EQUIPMENT AT ITS PREMISES; (VIII) A NON-RESIDENTIAL CUSTOMER OF AN ELECTRIC CORPORATION, WHICH LOCATES AND USES MICRO-HYDROELECTRIC GENERATING EQUIPMENT AT ITS PREMISES; (IX) A RESIDENTIAL CUSTOMER OF AN ELECTRIC CORPORATION, WHO LOCATES AND USES MICRO-COMBINED HEAT AND POWER GENERATING EQUIPMENT AT HIS OR HER RESIDENCE; (X) A RESIDENTIAL CUSTOMER OF AN ELECTRIC CORPO- RATION, WHO LOCATES AND USES FUEL CELL GENERATING EQUIPMENT AT HIS OR HER RESIDENCE; AND (XI) A NON-RESIDENTIAL CUSTOMER OF AN ELECTRIC CORPO- RATION, WHICH LOCATES AND USES FUEL CELL GENERATING EQUIPMENT AT ITS PREMISES. (B) "NET ENERGY METER" MEANS A METER THAT MEASURES THE REVERSE FLOW OF ELECTRICITY TO REGISTER THE DIFFERENCE BETWEEN THE ELECTRICITY SUPPLIED BY AN ELECTRIC CORPORATION TO THE CUSTOMER-GENERATOR AND THE ELECTRICITY PROVIDED TO THE CORPORATION BY THAT CUSTOMER-GENERATOR. (C) "NET ENERGY METERING" MEANS THE USE OF A NET ENERGY METER TO MEAS- URE, DURING THE BILLING PERIOD APPLICABLE TO A CUSTOMER-GENERATOR, THE NET AMOUNT OF ELECTRICITY SUPPLIED BY AN ELECTRIC CORPORATION AND PROVIDED TO THE CORPORATION BY A CUSTOMER-GENERATOR FROM ELECTRIC GENER- ATING EQUIPMENT THAT IS: (I) MANUFACTURED, INSTALLED, AND OPERATED 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; AND (II) MEETS THE REQUIREMENTS OF PARA- GRAPH (D) OF THIS SUBDIVISION. (D) (I) "SOLAR ELECTRIC GENERATING EQUIPMENT" MEANS A PHOTOVOLTAIC SYSTEM THAT: (A) IN THE CASE OF A RESIDENTIAL CUSTOMER, HAS A RATED CAPACITY OF NOT MORE THAN TWENTY-FIVE KILOWATTS; AND (B) IN THE CASE OF A NON-RESIDENTIAL CUSTOMER, HAS A RATED CAPACITY OF NOT MORE THAN TWO THOUSAND KILOWATTS. (II) "FARM WASTE ELECTRIC GENERATING EQUIPMENT" MEANS EQUIPMENT LOCATED AT A FARM OPERATION THAT GENERATES ELECTRIC ENERGY FROM BIOGAS PRODUCED BY THE ANAEROBIC DIGESTION OF AGRICULTURAL WASTE, SUCH AS LIVE- STOCK MANURE, FARMING WASTES AND FOOD PROCESSING WASTES WITH A RATED CAPACITY OF NOT MORE THAN ONE THOUSAND KILOWATTS, THAT IS: (A) FUELED AT A MINIMUM OF NINETY PERCENT ON AN ANNUAL BASIS BY BIOGAS PRODUCED FROM THE ANAEROBIC DIGESTION OF AGRICULTURAL WASTE SUCH AS LIVESTOCK MANURE MATERIALS, FARMING WASTE, CROP RESIDUES, AND FOOD PROCESSING WASTE; AND (B) FUELED BY BIOGAS GENERATED BY ANAEROBIC DIGESTION WITH AT LEAST FIFTY PERCENT BY WEIGHT OF ITS FEEDSTOCK BEING LIVESTOCK MANURE MATERI- ALS ON AN ANNUAL BASIS. (III) "WIND ELECTRIC GENERATING EQUIPMENT" MEANS A WIND GENERATION SYSTEM THAT: (A) IN THE CASE OF A RESIDENTIAL CUSTOMER, HAS A RATED CAPACITY OF NOT MORE THAN TWENTY-FIVE KILOWATTS; AND (B) IN THE CASE OF A NON-RESIDENTIAL CUSTOMER, HAS A RATED CAPACITY OF NOT MORE THAN TWO THOUSAND KILOWATTS. (IV) "FARM WIND ELECTRIC GENERATING EQUIPMENT" MEANS A WIND GENERATION SYSTEM THAT IS LOCATED ON LAND USED IN AGRICULTURAL PRODUCTION AS DEFINED IN SUBDIVISION FOUR OF SECTION THREE HUNDRED ONE OF THE AGRICUL- TURE AND MARKETS LAW AND WHICH IS ALSO THE LOCATION OF THE CUSTOMER'S PRIMARY RESIDENCE, WITH A RATED CAPACITY OF NOT MORE THAN FIVE HUNDRED KILOWATTS.
(V) "MICRO-HYDROELECTRIC GENERATING EQUIPMENT" MEANS A HYDROELECTRIC SYSTEM THAT: (A) IN THE CASE OF A RESIDENTIAL CUSTOMER, HAS A RATED CAPACITY OF NOT MORE THAN TWENTY-FIVE KILOWATTS; AND (B) IN THE CASE OF A NON-RESIDENTIAL CUSTOMER, HAS A RATED CAPACITY OF NOT MORE THAN TWO THOUSAND KILOWATTS. (VI) "MICRO-COMBINED HEAT AND POWER GENERATING EQUIPMENT" MEANS EQUIP- MENT THAT IS AN INTEGRATED, COGENERATING RESIDENTIAL BUILDING HEATING AND ELECTRICAL POWER GENERATION SYSTEM, OPERATING ON ANY FUEL AND OF ANY APPLICABLE ENGINE, FUEL CELL, OR OTHER TECHNOLOGY, WITH A RATED CAPACITY OF AT LEAST ONE KILOWATT AND NOT MORE THAN TEN KILOWATTS ELECTRIC AND ANY THERMAL OUTPUT THAT AT FULL LOAD HAS A DESIGN TOTAL FUEL USE EFFI- CIENCY IN THE PRODUCTION OF HEAT AND ELECTRICITY OF NOT LESS THAN EIGHTY PERCENT, AND ANNUALLY PRODUCES AT LEAST TWO THOUSAND KILOWATT HOURS OF USEFUL ENERGY IN THE FORM OF ELECTRICITY THAT MAY WORK IN COMBINATION WITH SUPPLEMENTAL OR PARALLEL CONVENTIONAL HEATING SYSTEMS. (VII) "FUEL CELL ELECTRIC GENERATING EQUIPMENT" MEANS EQUIPMENT THAT IS: (A) IN THE CASE OF A RESIDENTIAL CUSTOMER, A SOLID OXIDE, MOLTEN CARBONATE, PROTON EXCHANGE MEMBRANE OR PHOSPHORIC ACID FUEL CELL WITH A COMBINED RATED CAPACITY OF NOT MORE THAN TEN KILOWATTS; AND (B) IN THE CASE OF A NON-RESIDENTIAL CUSTOMER, A SOLID OXIDE, MOLTEN CARBONATE, PROTON EXCHANGE MEMBRANE OR PHOSPHORIC ACID FUEL CELL WITH A COMBINED RATED CAPACITY OF NOT MORE THAN ONE THOUSAND FIVE HUNDRED KILOWATTS. 2. INTERCONNECTION AND NET ENERGY METERING. AN ELECTRIC CORPORATION SHALL PROVIDE FOR THE INTERCONNECTION OF SOLAR, WIND, FARM WASTE, MICRO-HYDROELECTRIC, MICRO-COMBINED HEAT AND POWER, AND FUEL CELL ELEC- TRIC GENERATING EQUIPMENT 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 CORPO- RATION'S NET ENERGY METERING SCHEDULE AND COMPLIES WITH STANDARDS AND REQUIREMENTS ESTABLISHED UNDER THIS SECTION. 3. CONDITIONS OF SERVICE. (A) EACH ELECTRIC CORPORATION SHALL MAKE AVAILABLE TO CUSTOMER-GENERATORS A MODEL CONTRACT AND SCHEDULES FILED WITH AND APPROVED BY THE COMMISSION THAT ESTABLISH CONSISTENT AND REASONABLE RATES, TERMS AND CONDITIONS FOR NET ENERGY METERING TO CUSTOMER-GENERATORS ON A FIRST COME, FIRST SERVED BASIS, UNTIL THE TOTAL RATED GENERATING CAPACITY FOR SOLAR, WIND, MICRO-HYDROELECTRIC, FARM WASTE, FARM WIND, MICRO-COMBINED HEAT AND POWER, AND FUEL CELL ELECTRIC GENERATING EQUIPMENT LOCATED AND USED BY CUSTOMER-GENERATORS IN THE CORPORATION'S SERVICE AREA IS EQUIVALENT TO ONE AND THREE-TENTHS 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 LOCATES AND USES AT HIS OR HER RESIDENCE SOLAR, WIND, MICRO-HYDROELECTRIC, MICRO-COMBINED HEAT AND POWER OR FUEL CELL ELECTRIC GENERATING EQUIPMENT, OR A NON-RESIDENTIAL CUSTOMER-GENERATOR WHICH LOCATES AND USES AT ITS PREMISES SOLAR, WIND,
MICRO-HYDROELECTRIC OR FUEL CELL ELECTRIC GENERATING EQUIPMENT WITH A RATED CAPACITY OF NOT MORE THAN TWENTY-FIVE KILOWATTS, UP TO A MAXIMUM AMOUNT OF THREE HUNDRED FIFTY DOLLARS; (II) IN THE CASE OF A CUSTOMER-GENERATOR WHO LOCATES AND USES FARM WASTE ELECTRIC GENERATING EQUIPMENT AT THE CUSTOMER'S FARM OPERATION OR WHO LOCATES AND USES FARM WIND ELECTRIC GENERATION EQUIPMENT ON LAND USED IN AGRICULTURAL PRODUCTION AND WHICH IS ALSO THE LOCATION OF THE CUSTOMER'S PRIMARY RESIDENCE; UP TO A TOTAL AMOUNT OF FIVE THOUSAND DOLLARS; AND (III) IN THE CASE OF A NON-RESIDENTIAL CUSTOMER-GENERATOR WHO LOCATES AND USES SOLAR, WIND, MICRO-HYDROELECTRIC, OR FUEL CELL ELECTRIC GENER- ATING EQUIPMENT WITH A RATED CAPACITY OF MORE THAN TWENTY-FIVE KILOWATTS AT ITS PREMISES, SUCH COST SHALL BE AS DETERMINED BY THE ELECTRIC CORPO- RATION 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 FARM WASTE CUSTOMER AS DEFINED BY SUBPARAGRAPH (IV) OF PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION, A FARM WIND CUSTOMER AS DEFINED BY SUBPARAGRAPH (V) OF PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION, OR A NON-RESIDENTIAL CUSTOMER AS DEFINED BY SUBPARAGRAPHS (VI), (VII) AND (VIII) OF PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION THAT LOCATES AND USES 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. 4. RATES. AN ELECTRIC CORPORATION SHALL USE NET ENERGY METERING TO MEASURE AND CHARGE FOR THE NET ELECTRICITY SUPPLIED BY THE CORPORATION AND PROVIDED TO THE CORPORATION BY A CUSTOMER-GENERATOR, ACCORDING TO THESE REQUIREMENTS: (A) IN THE EVENT THAT THE AMOUNT OF ELECTRICITY SUPPLIED BY THE CORPO- RATION DURING THE BILLING PERIOD EXCEEDS THE AMOUNT OF ELECTRICITY PROVIDED BY A CUSTOMER-GENERATOR, THE CORPORATION SHALL CHARGE THE CUSTOMER-GENERATOR FOR THE NET ELECTRICITY SUPPLIED AT THE SAME RATE PER KILOWATT HOUR APPLICABLE TO SERVICE PROVIDED TO OTHER CUSTOMERS IN THE SAME SERVICE CLASS WHICH DO NOT GENERATE ELECTRICITY ONSITE. (B) IN THE EVENT THAT THE AMOUNT OF ELECTRICITY PRODUCED BY A CUSTOM- ER-GENERATOR DURING THE BILLING PERIOD EXCEEDS THE AMOUNT OF ELECTRICITY USED BY THE CUSTOMER-GENERATOR, THE CORPORATION SHALL APPLY A CREDIT TO THE NEXT BILL FOR SERVICE TO THE CUSTOMER-GENERATOR FOR THE NET ELEC- TRICITY PROVIDED AT THE SAME RATE PER KILOWATT HOUR APPLICABLE TO SERVICE PROVIDED TO OTHER CUSTOMERS IN THE SAME SERVICE CLASS WHICH DO NOT GENERATE ELECTRICITY ONSITE, EXCEPT FOR MICRO-COMBINED HEAT AND POWER OR FUEL CELL CUSTOMER-GENERATORS, WHO WILL BE CREDITED AT THE CORPORATION'S AVOIDED COSTS. THE AVOIDED COST CREDIT PROVIDED TO MICRO-
COMBINED HEAT AND POWER OR FUEL CELL CUSTOMER-GENERATORS SHALL BE TREAT- ED FOR RATEMAKING PURPOSES AS A PURCHASE OF ELECTRICITY IN THE MARKET THAT IS INCLUDABLE IN COMMODITY COSTS. (C) AT THE END OF THE YEAR OR ANNUALIZED OVER THE PERIOD THAT SERVICE IS SUPPLIED BY MEANS OF NET ENERGY METERING, THE CORPORATION SHALL PROMPTLY ISSUE PAYMENT AT ITS AVOIDED COST TO THE CUSTOMER-GENERATOR, AS DEFINED IN SUBPARAGRAPHS (I), (II), (III), (IV) AND (V) OF PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION, FOR THE VALUE OF ANY REMAINING CRED- IT FOR THE EXCESS ELECTRICITY PRODUCED DURING THE YEAR OR OVER THE ANNU- ALIZED PERIOD BY THE CUSTOMER-GENERATOR. (D) IN THE EVENT THAT THE CORPORATION IMPOSES CHARGES BASED ON KILO- WATT DEMAND ON CUSTOMERS WHO ARE IN THE SAME SERVICE CLASS AS THE CUSTOMER-GENERATOR BUT WHICH DO NOT GENERATE ELECTRICITY ON SITE, THE CORPORATION MAY IMPOSE THE SAME CHARGES AT THE SAME RATES TO THE CUSTOM- ER-GENERATOR, PROVIDED, HOWEVER, THAT THE KILOWATT DEMAND FOR SUCH DEMAND CHARGES IS DETERMINED BY THE MAXIMUM MEASURED KILOWATT DEMAND ACTUALLY SUPPLIED BY THE CORPORATION TO THE CUSTOMER-GENERATOR DURING THE BILLING PERIOD. 5. SAFETY STANDARDS. (A) EACH ELECTRIC CORPORATION SHALL ESTABLISH STANDARDS THAT ARE NECESSARY FOR THE INTERCONNECTION OF ELECTRIC GENER- ATING EQUIPMENT NET METERED BY CUSTOMER-GENERATORS 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 ELECTRIC GENERAT- ING EQUIPMENT NET METERED BY CUSTOMER-GENERATORS 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 ELECTRIC GENERAT- ING 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. (C) AN ELECTRIC CORPORATION MAY NOT REQUIRE A RESIDENTIAL, FARM WASTE, OR FARM WIND CUSTOMER-GENERATOR TO COMPLY WITH ADDITIONAL SAFETY OR PERFORMANCE STANDARDS, PERFORM OR PAY FOR ADDITIONAL TESTS, OR PURCHASE ADDITIONAL LIABILITY INSURANCE PROVIDED THAT THE CUSTOMER-GENERATOR'S NET METERED ELECTRIC GENERATING EQUIPMENT MEETS THE SAFETY STANDARDS ESTABLISHED PURSUANT TO THIS SUBDIVISION. (D) IN THE EVENT THAT THE TOTAL RATED GENERATING CAPACITY OF FARM WASTE AND FARM WIND ELECTRIC GENERATING EQUIPMENT THAT PROVIDES ELEC- TRICITY TO AN ELECTRIC CORPORATION THROUGH A LOCAL FEEDER LINE EXCEEDS TWENTY PERCENT OF THE RATED CAPACITY OF THE LOCAL FEEDER LINE, THE ELEC- TRIC CORPORATION MAY REQUIRE THE CUSTOMER-GENERATOR TO COMPLY WITH REASONABLE MEASURES TO ENSURE THE SAFETY OF THAT LOCAL FEEDER LINE. (E) AN ELECTRIC CORPORATION MAY REQUIRE A NON-RESIDENTIAL SOLAR, WIND, MICRO-HYDROELECTRIC OR FUEL CELL CUSTOMER-GENERATOR WITH A RATED CAPACI- TY OF MORE THAN TWENTY-FIVE KILOWATTS THAT PROVIDES ELECTRICITY TO THE ELECTRIC CORPORATION THROUGH A LOCAL FEEDER LINE TO COMPLY WITH REASON- ABLE MEASURES TO ENSURE THE SAFETY OF THAT LOCAL FEEDER LINE. 6. ELECTRIC RESTRUCTURING. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, INCLUDING, BUT NOT LIMITED TO PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION, A CUSTOMER-GENERATOR SHALL COMPLY WITH ANY APPLI-
CABLE DETERMINATIONS OF THE COMMISSION RELATING TO RESTRUCTURING OF THE ELECTRIC INDUSTRY. 7. SEVERABILITY OF PROVISIONS. THE PROVISIONS OF THIS SECTION SHALL BE SEVERABLE AND IF THE APPLICATION OF ANY CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION, SECTION, OR PART THEREOF TO ANY PERSON OR CIRCUMSTANCE SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT NECESSARILY AFFECT, IMPAIR, OR INVALIDATE THE APPLICATION OF ANY SUCH CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION, SECTION, PART OR REMAINDER THEREOF, AS THE CASE MAY BE, TO ANY OTHER PERSON, CIRCUMSTANCE, BUT SHALL BE CONFINED IN ITS OPERATION TO THE CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION, SECTION OR PART THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH SUCH JUDGMENT SHALL HAVE BEEN RENDERED. S 2. Subdivision (h) of section 1020-g of the public authorities law, as amended by chapter 546 of the laws of 2011, 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, (E) fuel cell electric generating 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 cogenera- tion[; and (ii) wind electric generating equipment owned or operated by customer-generators and for net energy metering consistent with section sixty-six-l of the public service law]. S 3. Section 1020-cc of the public authorities law, as amended by chapter 413 of the laws of 2011, is amended to read as follows: S 1020-cc. Authority subject to certain provisions contained in the state finance law, the public service law, the social services law and the general municipal law. All contracts of the authority shall be subject to the provisions of the state finance law relating to contracts made by the state. The authority shall also establish rules and regu- lations with respect to providing to its residential gas, electric and steam utility customers those rights and protections provided in article two and sections one hundred seventeen and one hundred eighteen of the public service law and section one hundred thirty-one-s of the social services law. The authority shall conform to any safety standards regarding manual lockable disconnect switches for solar electric gener- ating equipment established by the public service commission pursuant to subparagraph (ii) of paragraph (a) of subdivision five [and subparagraph (ii) of paragraph (a) of subdivision five-a] of section sixty-six-j of the public service law. The authority shall let contracts for construction or purchase of supplies, materials, or equipment pursuant to section one hundred three and paragraph (e) of subdivision four of section one hundred twenty-w of the general municipal law. S 4. Subdivision 3 of section 19-0921 of the environmental conserva- tion law, as added by chapter 36 of the laws of 2000, is amended to read as follows:
3. The commissioner shall make a written report to the legislature upon his finding that a Federal law has been enacted that will result in at least a fifty percent reduction in the emissions of SO2[, as defined in section sixty-six-k of the public service law,] by electric generat- ing sources pursuant to title four of the Federal Clean Air Act after full implementation. S 5. Subdivision 10-a of section 1854 of the public authorities law is REPEALED. S 6. Section ninety-nine-g of the state finance law is REPEALED. S 7. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus