Bill S6700-2009

Relates to net energy metering for certain solar and wind electric generating systems

Relates to energy efficiency and clean energy initiatives of New York power authority.

Details

Actions

  • Feb 22, 2010: SUBSTITUTED BY A7557A
  • Feb 9, 2010: ADVANCED TO THIRD READING
  • Feb 8, 2010: 2ND REPORT CAL.
  • Feb 2, 2010: 1ST REPORT CAL.89
  • Jan 28, 2010: REFERRED TO ENERGY AND TELECOMMUNICATIONS

Votes

VOTE: COMMITTEE VOTE: - Energy and Telecommunications - Feb 2, 2010
Ayes (13): Aubertine, Onorato, Kruger, Schneiderman, Parker, Valesky, Adams, Monserrate, Maziarz, Nozzolio, Alesi, Griffo, Little

Memo

 BILL NUMBER:  S6700

TITLE OF BILL :

An act to amend the public service law, in relation to net energy metering for certain solar and wind electric generating systems

PURPOSE :

This bill would eliminate the peak load limitation on the size of non-residential solar and wind electric generating equipment eligible for net metering.

SUMMARY OF PROVISIONS :

Section 1 of the bill would amend the definition of "solar electric generating equipment," set forth in Public Service Law (PSL) § 66-j(1)(d), to remove the provision which limited the definition to equipment with a capacity not greater than the customer's peak load.

Section 2 of the bill would amend PSL § 66-j(3)(c)(i) to provide that a non-residential customer-generator with equipment rated to not more than 25 kilowatts would be responsible for the electric corporation's actual cost of installation of required safety equipment up to $350. Section 2 of the bill would also amend PSL § 66-j(3)(c)(iii) to provide that a"non-residential customer-generator with equipment rated to more than 25 kilowatts would be responsible for the electric corporation's actual cost of installation of required safety equipment, and that such cost shall be determined by the electric corporation and subject to the review by the Department of Public Service.

Section 3 of the bill would amend the definition of "wind electric generating equipment," set forth in PSL § 66-1(1)(f), to remove a provision which limited the definition to equipment with a capacity not greater than the customer's peak load.

Section 4 of the bill would amend PSL § 66-1(3)(c)(i) to provide that a residential, farm service, and non-residential customer-generator with equipment rated to not more than 25 kilowatts would be responsible for the electric corporation's actual cost of installation of required safety equipment up to $750. Section 4 of the bill would also amend PSL § 661(3)(c)(ii) to provide that a farm service customer-generator with equipment rated to not more than 500 kilowatts would be responsible for the electric corporation's actual cost of installation of required safety equipment up to $5,000. Section 4 of the bill would also amend PSL § 661(3)(c)(iii) to provide that a non-residential customer-generator with equipment rated to more than 25 kilowatts would be responsible for the electric corporation's actual cost of installation of required safety equipment, and that such cost shall be determined by the electric corporation and subject to review by the Department of Public Service.

Section 5 of the bill would provide for an immediate effective date.

EXISTING LAW :

PSL § 66-j provides for the net metering of solar electric generating and other electric generating systems. PSL § 66-1 provides for the net metering of wind electric generating systems. Both sections limit net metering of non-residential solar electric generating equipment and non-residential wind electric generating equipment to such systems with rated capacity of the lesser of 2,000 kilowatts or the customer-generator's peak load as measured over the prior twelve month period. Both sections also limit the costs certain customer-generators are required to pay for the electric corporation's installation of equipment required for the safety and adequacy of electric service provided to other customers.

LEGISLATIVE HISTORY :

This is a new bill.

STATEMENT IN SUPPORT :

Net metering was expanded to non-residential customers in 2008 to encourage increased deployment of solar electric and wind electric generation technologies. this expansion was limited to non-residential customers with system capacity of the lesser of 2,000 kilowatts or peak load. This limitation hindered the intended expansion of net metering to non-residential customers. First, not all non-residential customers have demand meters that allow them to measure peak load. Second, solar and wind systems should be sized in excess of peak load in order to effectively offset a reasonable portion of the customer's annual energy use. This is because peak load is determined as the highest power used by a customer in a IS-minute interval, but the highly variable wind and solar systems typically produce electricity only during a portion of the day.

This bill would encourage greater deployment of renewable energy generation systems that advance the State's clean energy goals. In addition to helping to achieve renewable energy goals, on-site solar and wind generation will also allow the customer to save on energy costs.

BUDGET IMPLICATIONS :

This bill would have no impact on the State budget.

EFFECTIVE DATE : This bill would take effect immediately.

Text

STATE OF NEW YORK ________________________________________________________________________ 6700 IN SENATE January 28, 2010 ___________
Introduced by Sens. MAZIARZ, AUBERTINE, NOZZOLIO, DeFRANCISCO, GRIFFO, O. JOHNSON, LARKIN, LITTLE, MORAHAN, PARKER, SCHNEIDERMAN, SEWARD, STACHOWSKI, THOMPSON, VALESKY, VOLKER -- (at request of the Governor) -- 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, in relation to net energy meter- ing for certain solar and wind electric generating systems THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (d) of subdivision 1 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: (d) "Solar electric generating equipment" means a photovoltaic 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-resi- dential customer, with a rated capacity of not more than [the lesser of] two thousand kilowatts [or such customer's peak load as measured over the prior twelve month period, or in the case that such twelve month period of measurement is not available, then as determined by the commission based on its analysis of comparable facilities]; and (ii) that is manufactured, installed, and operated in accordance with appli- cable government and industry standards, that is connected to the elec- tric 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. Subparagraphs (i) and (iii) of paragraph (c) of subdivision 3 of section 66-j of the public service law, as amended by chapter 355 of the laws of 2009, are amended to read as follows: (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 located and used at his or her residence, OR A NON-RESIDENTIAL CUSTOMER-GENERATOR WHO OWNS OR OPERATES SOLAR ELECTRIC GENERATING EQUIPMENT WITH A RATED CAPACITY OF
NOT MORE THAN TWENTY-FIVE KILOWATTS, up to a maximum amount of three hundred fifty dollars; (iii) In the case of a non-residential customer-generator who owns or operates solar electric generating equipment WITH A RATED CAPACITY OF MORE THAN TWENTY-FIVE KILOWATTS located and used at its premises, such cost shall be as determined by the ELECTRIC CORPORATION SUBJECT TO REVIEW, UPON THE REQUEST OF SUCH CUSTOMER-GENERATOR, BY THE department[ pursuant to standards established thereby]. S 3. Paragraph (f) of subdivision 1 of section 66-l of the public service law, as amended by chapter 483 of the laws of 2008, is amended to read as follows: (f) "Wind electric generating equipment" means one or more wind gener- ators with a combined rated capacity of not more than twenty-five kilo- watts for a residential customer-generator, and not more than five hundred kilowatts for a farm service customer-generator, and [in the case of] NOT MORE THAN TWO THOUSAND KILOWATTS FOR a non-residential customer-generator[, the lesser of two thousand kilowatts or the customer-generator's peak load as measured over the prior twelve month period, or in the case that such twelve month period of measurement is not available, then as determined by the commission based on its analy- sis of comparable facilities]; that is manufactured, installed, and operated in accordance with applicable government and industry stand- ards, that is connected to the electric system and operated in parallel 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 4. Subparagraphs (i), (ii) and (iii) of paragraph (c) of subdivision 3 of section 66-l of the public service law, as amended by chapter 483 of the laws of 2008, are amended to read as follows: (i) in the case of a RESIDENTIAL, FARM SERVICE OR NON-RESIDENTIAL customer-generator with a combined rated capacity of not more than twen- ty-five kilowatts, up to a maximum amount of seven hundred fifty dollars; and (ii) in the case of a FARM SERVICE customer-generator with a combined rated capacity of not more than five hundred kilowatts, up to a maximum of five thousand dollars; and (iii) in the case of a non-residential customer-generator WITH A COMBINED RATED CAPACITY OF MORE THAN TWENTY-FIVE KILOWATTS, such cost shall be as determined by the ELECTRIC CORPORATION SUBJECT TO REVIEW, UPON THE REQUEST OF SUCH CUSTOMER-GENERATOR, BY THE department [pursuant to standards established thereby]. S 5. This act shall take effect immediately.

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