Bill Text: NY A04326 | 2023-2024 | General Assembly | Introduced
Bill Title: Expands New York's net metering law by adding non-residential micro-combined heat and power generating equipment systems to the list of currently eligible technologies that can be net metered.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced) 2024-01-03 - referred to energy [A04326 Detail]
Download: New_York-2023-A04326-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4326 2023-2024 Regular Sessions IN ASSEMBLY February 14, 2023 ___________ Introduced by M. of A. LEMONDES -- read once and referred to the Commit- tee on Energy AN ACT to amend the public service law and the public authorities law, in relation to net-metering for non-residential customers of electric corporations which own, lease or operate micro-combined heat and power generating equipment The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (a) of subdivision 1 of section 66-j of the 2 public service law, as amended by chapter 546 of the laws of 2011, 3 subparagraph (iv) as separately amended by chapter 530 of the laws of 4 2011, subparagraphs (v) and (vi) as amended by chapter 691 of the laws 5 of 2022 and subparagraphs (vii) and (viii) as amended and (ix) as added 6 by chapter 494 of the laws of 2014, is amended to read as follows: 7 (a) "Customer-generator" means: (i) a residential customer of an elec- 8 tric corporation, who owns or operates solar electric generating equip- 9 ment located and used at his or her residence; (ii) a customer of an 10 electric corporation, who owns or operates farm waste electric generat- 11 ing equipment located and used at his or her "farm operation," as such 12 term is defined in subdivision eleven of section three hundred one of 13 the agriculture and markets law; (iii) a non-residential customer of an 14 electric corporation which owns or operates solar electric generating 15 equipment located and used at its premises; (iv) a residential customer 16 of an electric corporation who owns, leases or operates micro-combined 17 heat and power generating equipment located on the customer's premises; 18 (v) a residential customer of an electric corporation who owns, leases 19 or operates fuel cell generating equipment or fuel-flexible linear 20 generator electric generating equipment located on the customer's prem- 21 ises; [and] (vi) a non-residential customer of an electric corporation 22 who owns, leases or operates fuel cell generating equipment or fuel- 23 flexible linear generator electric generating equipment located and used EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01254-02-3A. 4326 2 1 at the customer's premises; (vii) a residential customer of an electric 2 corporation, who owns or operates micro-hydroelectric generating equip- 3 ment located and used at his or her residence; (viii) a non-residential 4 customer of an electric corporation which owns or operates micro-hydroe- 5 lectric generating equipment located and used at its premises; [and] 6 (ix) a non-residential customer of an electric corporation which owns or 7 operates farm waste electric generating equipment located and used at 8 its premises; and (x) a non-residential customer of an electric corpo- 9 ration which owns, leases or operates micro-combined heat and power 10 generating equipment located on the customer's premises. 11 § 2. Paragraph (f) of subdivision 1 of section 66-j of the public 12 service law, as amended by chapter 691 of the laws of 2022, is amended 13 to read as follows: 14 (f) "Micro-combined heat and power generating equipment" means (i) (A) 15 in the case of residential customer, an integrated, cogenerating build- 16 ing heating and electrical power generation system, operating on any 17 fuel and of any applicable engine, fuel cell, fuel-flexible linear 18 generator, or other technology, with a rated capacity of [at least one19kilowatt and] not more than ten kilowatts electric and any thermal 20 output that at full load has a design total fuel use efficiency in the 21 production of heat and electricity of not less than eighty percent, and 22 annually produces at least two thousand kilowatt hours of useful energy 23 in the form of electricity that may work in combination with supple- 24 mental or parallel conventional heating systems[,]; and (B) in the case 25 of a non-residential customer, an integrated, cogenerating building 26 heating and electrical power generation system, operating on any fuel 27 and of any applicable engine, fuel cell, or other technology, with a 28 rated capacity of not more than twenty-five kilowatts electric and any 29 thermal output that a full load has a design total fuel use efficien- 30 cy in the production of heat and electricity of not less than eighty 31 percent, and annually produces at least two thousand kilowatt hours of 32 useful energy in the form of electricity that may work in combination 33 with supplemental or parallel conventional heating systems; and (ii) 34 that is manufactured, installed and operated in accordance with applica- 35 ble government and industry standards, that is connected to the electric 36 system and operated in conjunction with an electric corporation's trans- 37 mission and distribution facilities. 38 § 3. Subparagraph (i) of paragraph (c) and paragraph (e) of subdivi- 39 sion 3 of section 66-j of the public service law, subparagraph (i) of 40 paragraph (c) as amended by chapter 691 of the laws of 2022, and para- 41 graph (e) as amended by chapter 546 of the laws of 2011, are amended to 42 read as follows: 43 (i) In the case of a customer-generator who owns or operates solar 44 electric generating equipment, micro-combined heat and power generating 45 equipment, fuel cell electric generating equipment, fuel-flexible linear 46 generator electric generating equipment or micro-hydroelectric generat- 47 ing equipment located and used at his or her residence, or a non-resi- 48 dential customer-generator who owns or operates solar electric generat- 49 ing equipment or micro-combined heat and power generating equipment with 50 a rated capacity of not more than twenty-five kilowatts, up to a maximum 51 amount of three hundred fifty dollars; 52 (e) A customer who owns or operates a farm operation as such term is 53 defined in subdivision eleven of section three hundred one of the agri- 54 culture and markets law, or a non-residential customer-generator as 55 defined by [subparagraph] subparagraphs (iii) and (x) of paragraph (a) 56 of subdivision one of this section that locates solar electric generat-A. 4326 3 1 ing equipment, micro-combined heat and power generating equipment or 2 farm waste electric generating equipment with a net energy meter on 3 property owned or leased by such customer-generator may designate all or 4 a portion of the net metering credits generated by such equipment to 5 meters at any property owned or leased by such customer-generator within 6 the service territory of the same electric corporation to which the 7 customer-generator's net energy meters are interconnected and being 8 within the same load zone as determined by the location based marginal 9 price as of the date of initial request by the customer-generator to 10 conduct net metering. The electric corporation will credit the accounts 11 of the customer by applying any credits to the highest use meter first, 12 then subsequent highest use meters until all such credits are attributed 13 to the customer. Any excess credits shall be carried over to the follow- 14 ing month. 15 § 4. Paragraphs (a), (b) and (c) of subdivision 5-a of section 66-j of 16 the public service law, as amended by chapter 546 of the laws of 2011, 17 are amended to read as follows: 18 (a) On or before three months after the effective date of this subdi- 19 vision, each electric corporation shall establish standards that are 20 necessary for net energy metering and the interconnection of non-resi- 21 dential solar electric generating equipment [or], micro-hydroelectric 22 generating equipment or micro-combined heat and power generating equip- 23 ment to its system and that the commission shall determine are necessary 24 for safe and adequate service and further the public policy set forth in 25 this section. Such standards may include but shall not be limited to: 26 (i) equipment necessary to isolate automatically the solar generating 27 system [or], micro-hydroelectric generating equipment or micro-combined 28 heat and power generating equipment from the utility system for voltage 29 and frequency deviations; and 30 (ii) a manual lockable disconnect switch provided by the customer-gen- 31 erator which shall be located on the outside of the customer-generator's 32 premises and externally accessible for the purpose of isolating the 33 solar electric generating equipment [or], micro-hydroelectric generating 34 equipment or micro-combined heat and power generating equipment. 35 (b) In the event that the total rated generating capacity of solar 36 electric generating equipment [or], micro-hydroelectric generating 37 equipment or micro-combined heat and power generating equipment that 38 provides electricity to the electric corporation through the same local 39 feeder line exceeds twenty percent of the rated capacity of the local 40 feeder line, the electric corporation may require the customer-generator 41 to comply with reasonable measures to ensure safety of the local feeder 42 line. 43 (c) Unless otherwise determined to be necessary by the commission, an 44 electric corporation may not require a customer-generator to comply with 45 additional safety or performance standards, perform or pay for addi- 46 tional tests, or purchase additional liability insurance provided that 47 the solar electric generating equipment [or], micro-hydroelectric gener- 48 ating equipment or micro-combined heat and power generating equipment 49 meets the safety standards established pursuant to this subdivision. 50 § 5. Subdivision (h) of section 1020-g of the public authorities law, 51 as amended by chapter 546 of the laws of 2011, is amended to read as 52 follows: 53 (h) To implement programs and policies designed to provide for the 54 interconnection of: (i) (A) solar electric generating equipment owned or 55 operated by residential customers, (B) farm waste electric generating 56 equipment owned or operated by customer-generators, (C) solar electricA. 4326 4 1 generating equipment owned or operated by non-residential customers, (D) 2 micro-combined heat and power generating equipment owned, leased or 3 operated by residential customers, (E) fuel cell electric generating 4 equipment owned, leased or operated by residential customers, [and] (F) 5 micro-combined heat and power generating equipment owned, leased, or 6 operated by non-residential customers, and (G) micro-hydroelectric 7 generating equipment owned, leased or operated by customer-generators 8 and for net energy metering consistent with section sixty-six-j of the 9 public service law, to increase the efficiency of energy end use, to 10 shift demand from periods of high demand to periods of low demand and to 11 facilitate the development of cogeneration; and (ii) wind electric 12 generating equipment owned or operated by customer-generators and for 13 net energy metering consistent with section sixty-six-l of the public 14 service law. 15 § 6. This act shall take effect on the sixtieth day after it shall 16 have become a law.
