Bill Text: NY A03768 | 2021-2022 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to net energy metering for fuel-flexible linear generator electric generating equipment.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2022-12-16 - signed chap.691 [A03768 Detail]
Download: New_York-2021-A03768-Introduced.html
Bill Title: Relates to net energy metering for fuel-flexible linear generator electric generating equipment.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2022-12-16 - signed chap.691 [A03768 Detail]
Download: New_York-2021-A03768-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3768 2021-2022 Regular Sessions IN ASSEMBLY January 28, 2021 ___________ Introduced by M. of A. CUSICK -- read once and referred to the Committee on Energy AN ACT to amend the public service law, in relation to net energy meter- ing for fuel-flexible linear generator electric generating equipment The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The section heading of section 66-j of the public service 2 law, as amended by chapter 546 of the laws of 2011, is amended to read 3 as follows: 4 Net energy metering for residential solar, farm waste, non-residential 5 solar electric generating systems, micro-combined heat and power gener- 6 ating equipment, fuel cell electric generating equipment, fuel-flexible 7 linear generator electric generating equipment, and micro-hydroelectric 8 generating equipment. 9 § 2. Subparagraphs (v) and (vi) of paragraph (a) of subdivision 1 of 10 section 66-j of the public service law, subparagraph (v) as separately 11 amended by chapters 530 and 546 of the laws of 2011 and subparagraph 12 (vi) as added by chapter 530 of the laws of 2011, are amended to read as 13 follows: 14 (v) a residential customer of an electric corporation who owns, leases 15 or operates fuel cell generating equipment or fuel-flexible linear 16 generator electric generating equipment located on the customer's prem- 17 ises; and (vi) a non-residential customer of an electric corporation who 18 owns, leases or operates fuel cell generating equipment or fuel-flexible 19 linear generator electric generating equipment located and used at the 20 customer's premises; 21 § 3. Paragraph (f) of subdivision 1 of section 66-j of the public 22 service law, as added by chapter 355 of the laws of 2009, is amended to 23 read as follows: 24 (f) "Micro-combined heat and power generating equipment" means an 25 integrated, cogenerating building heating and electrical power gener- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04973-02-1A. 3768 2 1 ation system, operating on any fuel and of any applicable engine, fuel 2 cell, linear generator, or other technology, with a rated capacity of at 3 least one kilowatt and not more than ten kilowatts electric and any 4 thermal output that at full load has a design total fuel use efficiency 5 in the production of heat and electricity of not less than eighty 6 percent, and annually produces at least two thousand kilowatt hours of 7 useful energy in the form of electricity that may work in combination 8 with supplemental or parallel conventional heating systems, that is 9 manufactured, installed and operated in accordance with applicable 10 government and industry standards, that is connected to the electric 11 system and operated in conjunction with an electric corporation's trans- 12 mission and distribution facilities. 13 § 4. Subdivision 1 of section 66-j of the public service law is 14 amended by adding a new paragraph (i) to read as follows: 15 (i) "Fuel-flexible linear generator electric generating equipment" or 16 "fuel-flexible linear generator" means an integrated system consisting 17 of oscillators, cylinders, electricity conversion equipment and associ- 18 ated balance of plant components that directly convert the linear motion 19 of the oscillators into electricity and which has a combined rated 20 capacity of not more than two thousand kilowatts. 21 § 5. Subdivision 2 of section 66-j of the public service law, as 22 amended by chapter 546 of the laws of 2011, is amended to read as 23 follows: 24 2. Interconnection and net energy metering. An electric corporation 25 shall provide for the interconnection of solar and farm waste electric 26 generating equipment, micro-combined heat and power generating equip- 27 ment, fuel cell electric generating equipment, fuel-flexible linear 28 generator electric generating equipment and micro-hydroelectric generat- 29 ing equipment owned or operated by a customer-generator and for net 30 energy metering, provided that the customer-generator enters into a net 31 energy metering contract with the corporation or complies with the 32 corporation's net energy metering schedule and complies with standards 33 and requirements established under this section. 34 § 6. Subparagraph (iii) of paragraph (a) of subdivision 3 of section 35 66-j of the public service law, as amended by chapter 546 of the laws of 36 2011, is amended to read as follows: 37 (iii) Each electric corporation shall make such contract and schedule 38 available to customer-generators on a first come, first served basis, 39 until the total rated generating capacity for solar and farm waste elec- 40 tric generating equipment, micro-combined heat and power generating 41 equipment, fuel cell electric generating equipment, fuel-flexible linear 42 generator electric generating equipment and micro-hydroelectric generat- 43 ing equipment owned, leased or operated by customer-generators in the 44 corporation's service area is equivalent to one percent of the corpo- 45 ration's electric demand for the year two thousand five, as determined 46 by the department. 47 § 7. Paragraph (c) of subdivision 3 of section 66-j of the public 48 service law, as amended by chapter 546 of the laws of 2011, subparagraph 49 (iii) as amended by chapter 494 of the laws of 2014, is amended to read 50 as follows: 51 (c) In the event that the electric corporation determines that it is 52 necessary to install a dedicated transformer or transformers, or other 53 equipment to protect the safety and adequacy of electric service 54 provided to other customers, a customer-generator shall pay the electric 55 corporation's actual costs of installing the transformer or transfor- 56 mers, or other equipment:A. 3768 3 1 (i) In the case of a customer-generator who owns or operates solar 2 electric generating equipment, micro-combined heat and power generating 3 equipment, fuel cell electric generating equipment, fuel-flexible linear 4 generator electric generating equipment or micro-hydroelectric generat- 5 ing equipment located and used at his or her residence, or a non-resi- 6 dential customer-generator who owns or operates solar electric generat- 7 ing equipment with a rated capacity of not more than twenty-five 8 kilowatts, up to a maximum amount of three hundred fifty dollars; 9 (ii) In the case of a customer-generator who owns or operates farm 10 waste electric generating equipment located and used at his or her "farm 11 operation," up to a total amount of five thousand dollars per "farm 12 operation"; and 13 (iii) In the case of a non-residential customer-generator who owns or 14 operates solar electric generating equipment or fuel cell electric 15 generating equipment or fuel-flexible linear generator electric generat- 16 ing equipment or micro-hydroelectric generating equipment or farm waste 17 generating equipment as described in subparagraph (ix) of paragraph (a) 18 of subdivision one of this section, with a rated capacity of more than 19 twenty-five kilowatts located and used at its premises, such cost shall 20 be as determined by the electric corporation subject to review, upon the 21 request of such customer-generator, by the department. 22 § 8. Paragraph (g) of subdivision 3 of section 66-j of the public 23 service law, as added by chapter 200 of the laws of 2013, is amended to 24 read as follows: 25 (g) A customer who owns or operates a farm operation as such term is 26 defined in subdivision eleven of section three hundred one of the agri- 27 culture and markets law, or a non-residential customer-generator as 28 defined by subparagraph (viii) of paragraph (a) of subdivision one of 29 this section that locates fuel cell electric generating equipment or 30 fuel-flexible linear generator electric generating equipment with a net 31 energy meter on property owned or leased by such customer-generator may 32 designate all or a portion of the net metering credits generated by such 33 equipment to meters at any property owned or leased by such customer- 34 generator within the service territory of the same electric corporation 35 to which the customer-generator's net energy meters are interconnected 36 and being within the same load zone as determined by the location based 37 marginal price as of the date of initial request by the customer-genera- 38 tor to conduct net metering. The electric corporation will credit the 39 accounts of the customer by applying any credits to the highest use 40 meter first, then subsequent highest use meters until all such credits 41 are attributed to the customer. Any excess credits shall be carried over 42 to the following month. 43 § 9. Paragraph (b) of subdivision 4 of section 66-j of the public 44 service law, as amended by chapter 494 of the laws of 2014, is amended 45 to read as follows: 46 (b) In the event that the amount of electricity produced by a custom- 47 er-generator during the billing period exceeds the amount of electricity 48 used by the customer-generator, the corporation shall apply a credit to 49 the next bill for service to the customer-generator for the net elec- 50 tricity provided at the same rate per kilowatt hour applicable to 51 service provided to other customers in the same service class which do 52 not generate electricity onsite, except for micro-combined heat and 53 power or fuel cell or fuel-flexible linear generator customer-generators 54 or farm waste generating equipment customer-generators as described in 55 subparagraph (ix) of paragraph (a) of subdivision one of this section, 56 who will be credited at the corporation's avoided costs. The avoidedA. 3768 4 1 cost credit provided to micro-combined heat and power or fuel cell or 2 fuel-flexible linear generator customer-generators or farm waste gener- 3 ating equipment customer-generators as described in subparagraph (ix) of 4 paragraph (a) of subdivision one of this section shall be treated for 5 ratemaking purposes as a purchase of electricity in the market that is 6 includable in commodity costs. 7 § 10. Paragraph (a) of subdivision 5 of section 66-j of the public 8 service law, as amended by chapter 546 of the laws of 2011, is amended 9 to read as follows: 10 (a) On or before three months after the effective date of this 11 section, each electric corporation shall establish standards that are 12 necessary for net energy metering and the interconnection of residential 13 solar or farm waste electric generating equipment, micro-combined heat 14 and power generating equipment and fuel cell electric generating equip- 15 ment, fuel-flexible linear generator electric generating equipment and 16 micro-hydroelectric generating equipment to its system and that the 17 commission shall determine are necessary for safe and adequate service 18 and further the public policy set forth in this section. Such standards 19 may include but shall not be limited to: 20 (i) equipment necessary to isolate automatically the residential 21 solar, farm waste, micro-combined heat and power and fuel cell electric 22 generating system and fuel-flexible linear generator electric generating 23 equipment and micro-hydroelectric generating equipment from the utility 24 system for voltage and frequency deviations; and 25 (ii) a manual lockable disconnect switch provided by the customer-gen- 26 erator which shall be located on the outside of the customer's premises 27 and externally accessible for the purpose of isolating the residential 28 solar and farm waste electric generating equipment and micro-hydroelec- 29 tric generating equipment. 30 § 11. Subparagraph (i) of paragraph (b) of subdivision 5 of section 31 66-j of the public service law, as amended by chapter 546 of the laws of 32 2011, is amended to read as follows: 33 (i) In the case of a customer-generator who owns or operates solar 34 electric generating equipment located and used at his or her residence; 35 an electric corporation may not require a customer-generator to comply 36 with additional safety or performance standards, perform or pay for 37 additional tests, or purchase additional liability insurance provided 38 that the residential solar or farm waste electric generating equipment, 39 micro-combined heat and power generating equipment, fuel cell electric 40 generating equipment, fuel-flexible linear generator electric generating 41 equipment or micro-hydroelectric generating equipment meets the safety 42 standards established pursuant to this paragraph. 43 § 12. This act shall take effect immediately.
