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: (Engrossed) 2022-05-05 - RETURNED TO ASSEMBLY [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.
                                                                   LBD04973-02-1

        A. 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  avoided

        A. 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.
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