Bill Text: NY A03768 | 2021-2022 | General Assembly | Amended


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-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         3768--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 28, 2021
                                       ___________

        Introduced by M. of A. CUSICK -- read once and referred to the Committee
          on  Energy -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee

        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. Subdivision 2-b of section 2 of the public service law, as
     2  amended by chapter 6 of the laws of 2011, is amended to read as follows:
     3    2-b. The term "alternate energy production  facility,"  when  used  in
     4  this chapter, includes any solar, wind turbine, fuel cell, fuel-flexible
     5  linear  generator  electric  generating  equipment,  tidal, wave energy,
     6  waste management resource recovery, refuse-derived  fuel,  wood  burning
     7  facility,  or energy storage device utilizing batteries, flow batteries,
     8  flywheels or  compressed  air,  together  with  any  related  facilities
     9  located  at  the same project site, with an electric generating capacity
    10  of up to eighty megawatts, which produces  electricity,  gas  or  useful
    11  thermal energy.
    12    § 2. The section heading of section 66-j of the public service law, as
    13  amended  by  chapter  546  of  the  laws  of 2011, is amended to read as
    14  follows:
    15    Net energy metering for residential solar, farm waste, non-residential
    16  solar electric generating systems, micro-combined heat and power  gener-
    17  ating  equipment, fuel cell electric generating equipment, fuel-flexible
    18  linear generator electric generating equipment, and  micro-hydroelectric
    19  generating equipment.
    20    §  3.  Subparagraphs (v) and (vi) of paragraph (a) of subdivision 1 of
    21  section 66-j of the public service law, subparagraph (v)  as  separately
    22  amended  by  chapters  530  and 546 of the laws of 2011 and subparagraph
    23  (vi) as added by chapter 530 of the laws of 2011, are amended to read as
    24  follows:
    25    (v) a residential customer of an electric corporation who owns, leases
    26  or operates fuel  cell  generating  equipment  or  fuel-flexible  linear
    27  generator  electric generating equipment located on the customer's prem-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04973-04-1

        A. 3768--A                          2

     1  ises; and (vi) a non-residential customer of an electric corporation who
     2  owns, leases or operates fuel cell generating equipment or fuel-flexible
     3  linear generator electric generating equipment located and used  at  the
     4  customer's premises;
     5    §  4.  Paragraph  (f)  of  subdivision 1 of section 66-j of the public
     6  service law, as added by chapter 355 of the laws of 2009, is amended  to
     7  read as follows:
     8    (f)  "Micro-combined  heat  and  power  generating equipment" means an
     9  integrated, cogenerating building heating and  electrical  power  gener-
    10  ation  system,  operating on any fuel and of any applicable engine, fuel
    11  cell, fuel-flexible linear generator, or other technology, with a  rated
    12  capacity  of at least one kilowatt and not more than ten kilowatts elec-
    13  tric and any thermal output that at full load has a  design  total  fuel
    14  use  efficiency  in  the  production of heat and electricity of not less
    15  than eighty percent, and annually produces at least two  thousand  kilo-
    16  watt  hours of useful energy in the form of electricity that may work in
    17  combination with supplemental or parallel conventional heating  systems,
    18  that is manufactured, installed and operated in accordance with applica-
    19  ble government and industry standards, that is connected to the electric
    20  system and operated in conjunction with an electric corporation's trans-
    21  mission and distribution facilities.
    22    §  5.  Subdivision  1  of  section  66-j  of the public service law is
    23  amended by adding a new paragraph (i) to read as follows:
    24    (i) "Fuel-flexible linear generator electric generating equipment"  or
    25  "fuel-flexible  linear  generator" means an integrated system consisting
    26  of oscillators, cylinders, electricity conversion equipment and  associ-
    27  ated balance of plant components that directly convert the linear motion
    28  of  the  oscillators  into  electricity  and  which has a combined rated
    29  capacity of not more than two thousand kilowatts.
    30    § 6. Subdivision 2 of section 66-j  of  the  public  service  law,  as
    31  amended  by  chapter  546  of  the  laws  of 2011, is amended to read as
    32  follows:
    33    2. Interconnection and net energy metering.  An  electric  corporation
    34  shall  provide  for the interconnection of solar and farm waste electric
    35  generating equipment, micro-combined heat and  power  generating  equip-
    36  ment,  fuel  cell  electric  generating  equipment, fuel-flexible linear
    37  generator electric generating equipment and micro-hydroelectric generat-
    38  ing equipment owned or operated by  a  customer-generator  and  for  net
    39  energy  metering, provided that the customer-generator enters into a net
    40  energy metering contract with  the  corporation  or  complies  with  the
    41  corporation's  net  energy metering schedule and complies with standards
    42  and requirements established under this section.
    43    § 7. Subparagraph (iii) of paragraph (a) of subdivision 3  of  section
    44  66-j of the public service law, as amended by chapter 546 of the laws of
    45  2011, is amended to read as follows:
    46    (iii)  Each electric corporation shall make such contract and schedule
    47  available to customer-generators on a first come,  first  served  basis,
    48  until the total rated generating capacity for solar and farm waste elec-
    49  tric  generating  equipment,  micro-combined  heat  and power generating
    50  equipment, fuel cell electric generating equipment, fuel-flexible linear
    51  generator electric generating equipment and micro-hydroelectric generat-
    52  ing equipment owned, leased or operated by  customer-generators  in  the
    53  corporation's  service  area  is equivalent to one percent of the corpo-
    54  ration's electric demand for the year two thousand five,  as  determined
    55  by the department.

        A. 3768--A                          3

     1    §  8.  Paragraph  (c)  of  subdivision 3 of section 66-j of the public
     2  service law, as amended by chapter 546 of the laws of 2011, subparagraph
     3  (iii) as amended by chapter 494 of the laws of 2014, is amended to  read
     4  as follows:
     5    (c)  In  the event that the electric corporation determines that it is
     6  necessary to install a dedicated transformer or transformers,  or  other
     7  equipment  to  protect  the  safety  and  adequacy  of  electric service
     8  provided to other customers, a customer-generator shall pay the electric
     9  corporation's actual costs of installing the  transformer  or  transfor-
    10  mers, or other equipment:
    11    (i)  In  the  case  of a customer-generator who owns or operates solar
    12  electric generating equipment, micro-combined heat and power  generating
    13  equipment, fuel cell electric generating equipment, fuel-flexible linear
    14  generator  electric generating equipment or micro-hydroelectric generat-
    15  ing equipment located and used at his or her residence, or  a  non-resi-
    16  dential  customer-generator who owns or operates solar electric generat-
    17  ing equipment with  a  rated  capacity  of  not  more  than  twenty-five
    18  kilowatts, up to a maximum amount of three hundred fifty dollars;
    19    (ii)  In  the  case  of a customer-generator who owns or operates farm
    20  waste electric generating equipment located and used at his or her "farm
    21  operation," up to a total amount of  five  thousand  dollars  per  "farm
    22  operation"; and
    23    (iii)  In the case of a non-residential customer-generator who owns or
    24  operates solar electric  generating  equipment  or  fuel  cell  electric
    25  generating equipment or fuel-flexible linear generator electric generat-
    26  ing  equipment or micro-hydroelectric generating equipment or farm waste
    27  generating equipment as described in subparagraph (ix) of paragraph  (a)
    28  of  subdivision  one of this section, with a rated capacity of more than
    29  twenty-five kilowatts located and used at its premises, such cost  shall
    30  be as determined by the electric corporation subject to review, upon the
    31  request of such customer-generator, by the department.
    32    §  9.  Paragraph  (g)  of  subdivision 3 of section 66-j of the public
    33  service law, as added by chapter 200 of the laws of 2013, is amended  to
    34  read as follows:
    35    (g)  A  customer who owns or operates a farm operation as such term is
    36  defined in subdivision eleven of section three hundred one of the  agri-
    37  culture  and  markets  law,  or  a non-residential customer-generator as
    38  defined by subparagraph (viii) of paragraph (a) of  subdivision  one  of
    39  this  section  that  locates  fuel cell electric generating equipment or
    40  fuel-flexible linear generator electric generating equipment with a  net
    41  energy  meter on property owned or leased by such customer-generator may
    42  designate all or a portion of the net metering credits generated by such
    43  equipment to meters at any property owned or leased  by  such  customer-
    44  generator  within the service territory of the same electric corporation
    45  to which the customer-generator's net energy meters  are  interconnected
    46  and  being within the same load zone as determined by the location based
    47  marginal price as of the date of initial request by the customer-genera-
    48  tor to conduct net metering. The electric corporation  will  credit  the
    49  accounts  of  the  customer  by  applying any credits to the highest use
    50  meter first, then subsequent highest use meters until all  such  credits
    51  are attributed to the customer. Any excess credits shall be carried over
    52  to the following month.
    53    §  10.  Paragraph  (b)  of subdivision 4 of section 66-j of the public
    54  service law, as amended by chapter 494 of the laws of 2014,  is  amended
    55  to read as follows:

        A. 3768--A                          4

     1    (b)  In the event that the amount of electricity produced by a custom-
     2  er-generator during the billing period exceeds the amount of electricity
     3  used by the customer-generator, the corporation shall apply a credit  to
     4  the  next  bill  for service to the customer-generator for the net elec-
     5  tricity  provided  at  the  same  rate  per  kilowatt hour applicable to
     6  service provided to other customers in the same service class  which  do
     7  not  generate  electricity  onsite,  except  for micro-combined heat and
     8  power or fuel cell or fuel-flexible linear generator customer-generators
     9  or farm waste generating equipment customer-generators as  described  in
    10  subparagraph  (ix)  of paragraph (a) of subdivision one of this section,
    11  who will be credited at the corporation's  avoided  costs.  The  avoided
    12  cost  credit  provided  to micro-combined heat and power or fuel cell or
    13  fuel-flexible linear generator customer-generators or farm waste  gener-
    14  ating equipment customer-generators as described in subparagraph (ix) of
    15  paragraph  (a)  of  subdivision one of this section shall be treated for
    16  ratemaking purposes as a purchase of electricity in the market  that  is
    17  includable in commodity costs.
    18    §  11.  Paragraph  (a)  of subdivision 5 of section 66-j of the public
    19  service law, as amended by chapter 546 of the laws of 2011,  is  amended
    20  to read as follows:
    21    (a)  On  or  before  three  months  after  the  effective date of this
    22  section, each electric corporation shall establish  standards  that  are
    23  necessary for net energy metering and the interconnection of residential
    24  solar  or  farm waste electric generating equipment, micro-combined heat
    25  and power generating equipment and fuel cell electric generating  equip-
    26  ment,  fuel-flexible  linear generator electric generating equipment and
    27  micro-hydroelectric generating equipment to  its  system  and  that  the
    28  commission  shall  determine are necessary for safe and adequate service
    29  and further the public policy set forth in this section. Such  standards
    30  may include but shall not be limited to:
    31    (i)  equipment  necessary  to  isolate  automatically  the residential
    32  solar, farm waste, micro-combined heat and power and fuel cell  electric
    33  generating system and fuel-flexible linear generator electric generating
    34  equipment  and micro-hydroelectric generating equipment from the utility
    35  system for voltage and frequency deviations; and
    36    (ii) a manual lockable disconnect switch provided by the customer-gen-
    37  erator which shall be located on the outside of the customer's  premises
    38  and  externally  accessible for the purpose of isolating the residential
    39  solar and farm waste electric generating equipment and  micro-hydroelec-
    40  tric generating equipment.
    41    §  12.  Subparagraph  (i) of paragraph (b) of subdivision 5 of section
    42  66-j of the public service law, as amended by chapter 546 of the laws of
    43  2011, is amended to read as follows:
    44    (i) In the case of a customer-generator who  owns  or  operates  solar
    45  electric  generating equipment located and used at his or her residence;
    46  an electric corporation may not require a customer-generator  to  comply
    47  with  additional  safety  or  performance  standards, perform or pay for
    48  additional tests, or purchase additional  liability  insurance  provided
    49  that  the residential solar or farm waste electric generating equipment,
    50  micro-combined heat and power generating equipment, fuel  cell  electric
    51  generating equipment, fuel-flexible linear generator electric generating
    52  equipment  or  micro-hydroelectric generating equipment meets the safety
    53  standards established pursuant to this paragraph.
    54    § 13. This act shall take effect immediately.
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