Bill Text: NJ A2204 | 2016-2017 | Regular Session | Amended

New Jersey Assembly Bill 2204 (Prior Session Legislation)

Bill Title: Authorizes virtual net metering for certain electric public utility customers connected to certain hydropower facilities and resource recovery facilities.**

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Enrolled - Dead) 2018-01-08 - Passed Assembly (Passed Both Houses) (68-1-1) [A2204 Detail]

Download: New_Jersey-2016-A2204-Amended.html

[First Reprint]

ASSEMBLY, No. 2204

STATE OF NEW JERSEY

217th LEGISLATURE

INTRODUCED JANUARY 27, 2016

Sponsored by:

Assemblyman TIM EUSTACE

District 38 (Bergen and Passaic)

Assemblyman DANIEL R. BENSON

District 14 (Mercer and Middlesex)

Assemblyman ANDREW ZWICKER

District 16 (Hunterdon, Mercer, Middlesex and Somerset)

Assemblyman BENJIE E. WIMBERLY

District 35 (Bergen and Passaic)

SYNOPSIS

Authorizes virtual net metering for certain electric public utility customers connected to certain hydropower facilities.

CURRENT VERSION OF TEXT

As reported by the Assembly Environment and Solid Waste Committee on June 15, 2017, with amendments.

An Act concerning certain electric generation facilities, ¹and¹ supplementing P.L.1999, c.23 (C.48:3-49 et al).

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):

"Facility" means a small scale hydropower facility put into service after the effective date of P.L.2012, c.24 with a capacity of three megawatts or less.

"Standby charge" means a charge imposed by an electric public utility upon ¹[: (1)]¹ a facility that delivers or sells power to an end-use customer ¹[;] ,¹ or ¹[(2)] upon¹ an end-use customer of that power, for the recovery of costs necessary to make power available to the facility or the end-use customer during a facility power outage including, but not limited to, the allocation of reasonable capital investment costs and operating and maintenance expenses associated with the electric public utility's infrastructure needed to provide the standby power.

"Standby power" means power made available during a facility outage to a facility or to an end-use customer who uses power generated by the facility.

2. At the request of an owner of a facility, an electric public utility shall install distribution lines to connect the facility with the electric public utility's distribution network. The electric public utility may charge the owner of the facility for the entire amount of costs incurred to connect the facility.

3. a. (1) An electric power supplier or a basic generation service provider shall offer a facility net metering at a non-discriminatory rate. If the amount of electricity generated by the facility, plus any kilowatt hour credits held over from previous billing periods, exceeds the electricity supplied by the electric power supplier or basic generation service provider, then the electric power supplier or basic generation service provider shall credit the facility for the excess kilowatt hours until the end of the annualized period. If any kilowatt hour credit remains at the end of the annualized period, the facility shall be compensated by the electric power supplier or basic generation service provider for any remaining credits or, if the facility chooses, have the electric power supplier or a basic generation service provider credit the facility on a real-time basis, at the electric power supplier's or basic generation
service provider's avoided cost of wholesale power or the PJM electric power pool's real-time locational marginal pricing rate, adjusted for losses, for the respective zone in the PJM electric power pool.

(2) In the event that the facility elects not to receive a credit pursuant to paragraph (1) of this subsection, the facility may execute a bilateral agreement with an electric power supplier or basic generation service provider for the sale and purchase of the facility's excess generation. The facility may be credited on a real-time basis, if the facility follows applicable rules prescribed by the PJM electric power pool for its capacity requirements for the net amount of electricity supplied by the electric power supplier or basic generation service provider.

b. A facility may deliver or sell power to up to 10 end-use customers, who are located within 10 miles of the facility and net-metered within the service territory of a single electric public utility, and designate the end-use customers to be credited by the electric power supplier or basic generation service provider with the excess generation of the facility. The facility may designate the proportionate share of the excess electricity generated to credit each of the designated end-use customers.

c. The owner of a facility who sells or delivers power to an end-use customer pursuant to the provisions of this section shall not be considered a public utility pursuant to R.S.48:2-13 or P.L.1999, c.23 (C.48:3-49 et al.).

4. a. Upon request to an electric public utility, electric power supplier, or ¹[a]¹ basic generation service provider for standby power by ¹[: (1)]¹ a facility that supplies power to an end-use customer pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) ¹[;]¹ or ¹[(2)]¹ the end-use customer of that power, the electric public utility, electric power supplier, or basic generation provider ¹, as applicable,¹ shall impose and assess a standby charge.

b. The ¹[board] Board of Public Utilities¹ shall, within 120 days after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), establish criteria for an electric public utility, electric power supplier, or ¹[a]¹ basic generation provider to assess and impose a standby charge.