Bill Text: NY A05498 | 2021-2022 | 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 1-0)
Status: (Introduced - Dead) 2022-05-11 - held for consideration in energy [A05498 Detail]
Download: New_York-2021-A05498-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5498 2021-2022 Regular Sessions IN ASSEMBLY February 19, 2021 ___________ 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 subparagraphs (iv) and (v) as separately amended and subparagraph (vi) 4 as added by chapter 530 of the laws of 2011 and subparagraphs (vii) and 5 (viii) as amended and (ix) as added by chapter 494 of the laws of 2014, 6 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 non-residential customer of an electric corporation which owns, 19 leases or operates micro-combined heat and power generating equipment 20 located on the customer's premises; (vi) a residential customer of an 21 electric corporation who owns, leases or operates fuel cell generating 22 equipment located on the customer's premises; [and (vi)] (vii) a non-re- 23 sidential customer of an electric corporation who owns, leases or oper- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09430-01-1A. 5498 2 1 ates fuel cell generating equipment located and used at the customer's 2 premises; [(vii)] (viii) a residential customer of an electric corpo- 3 ration, who owns or operates micro-hydroelectric generating equipment 4 located and used at his or her residence; [(viii)] (ix) a non-residen- 5 tial customer of an electric corporation which owns or operates micro- 6 hydroelectric generating equipment located and used at its premises; and 7 [(ix)] (x) a non-residential customer of an electric corporation which 8 owns or operates farm waste electric generating equipment located and 9 used at its premises. 10 § 2. Paragraph (f) of subdivision 1 of section 66-j of the public 11 service law, as added by chapter 355 of the laws of 2009, is amended to 12 read as follows: 13 (f) "Micro-combined heat and power generating equipment" means (i) (A) 14 in the case of a residential customer, an integrated, co-generating 15 building heating and electrical power generation system, operating on 16 any fuel and of any applicable engine, fuel cell, or other technology, 17 with a rated capacity of [at least one kilowatt and] not more than ten 18 kilowatts electric and any thermal output that at full load has a design 19 total fuel use efficiency in the production of heat and electricity of 20 not less than eighty percent, and annually produces at least two thou- 21 sand kilowatt hours of useful energy in the form of electricity that may 22 work in combination with supplemental or parallel conventional heating 23 systems[,]; and (B) in the case of a non-residential customer, an inte- 24 grated, co-generating building heating and electrical power generation 25 system, operating on any fuel and of any applicable engine, fuel cell, 26 or other technology, with a rated capacity of not more than twenty-five 27 kilowatts electric and any thermal output that a full load has a design 28 total fuel use efficiency in the production of heat and electricity of 29 not less than eighty percent, and annually produces at least two thou- 30 sand kilowatt hours of useful energy in the form of electricity that may 31 work in combination with supplemental or parallel conventional heating 32 systems; and (ii) that is manufactured, installed and operated in 33 accordance with applicable government and industry standards, that is 34 connected to the electric system and operated in conjunction with an 35 electric corporation's transmission and distribution facilities. 36 § 3. Subparagraph (i) of paragraph (c) and paragraph (e) of subdivi- 37 sion 3 of section 66-j of the public service law, as amended by chapter 38 546 of the laws of 2011, are amended to read as follows: 39 (i) In the case of a customer-generator who owns or operates solar 40 electric generating equipment, micro-combined heat and power generating 41 equipment, fuel cell electric generating equipment or micro-hydroelec- 42 tric generating equipment located and used at his or her residence, or a 43 non-residential customer-generator who owns or operates solar electric 44 generating equipment or micro-combined heat and power generating equip- 45 ment with a rated capacity of not more than twenty-five kilowatts, up to 46 a maximum amount of three hundred fifty dollars; 47 (e) A customer who owns or operates a farm operation as such term is 48 defined in subdivision eleven of section three hundred one of the agri- 49 culture and markets law, or a non-residential customer-generator as 50 defined by [subparagraph] subparagraphs (iii) and (v) of paragraph (a) 51 of subdivision one of this section that locates solar electric generat- 52 ing equipment, micro-combined heat and power generating equipment or 53 farm waste electric generating equipment with a net energy meter on 54 property owned or leased by such customer-generator may designate all or 55 a portion of the net metering credits generated by such equipment to 56 meters at any property owned or leased by such customer-generator withinA. 5498 3 1 the service territory of the same electric corporation to which the 2 customer-generator's net energy meters are interconnected and being 3 within the same load zone as determined by the location based marginal 4 price as of the date of initial request by the customer-generator to 5 conduct net metering. The electric corporation will credit the accounts 6 of the customer by applying any credits to the highest use meter first, 7 then subsequent highest use meters until all such credits are attributed 8 to the customer. Any excess credits shall be carried over to the follow- 9 ing month. 10 § 4. Paragraphs (a), (b) and (c) of subdivision 5-a of section 66-j of 11 the public service law, as amended by chapter 546 of the laws of 2011, 12 are amended to read as follows: 13 (a) On or before three months after the effective date of this subdi- 14 vision, each electric corporation shall establish standards that are 15 necessary for net energy metering and the interconnection of non-resi- 16 dential solar electric generating equipment [or], micro-hydroelectric 17 generating equipment or micro-combined heat and power generating equip- 18 ment to its system and that the commission shall determine are necessary 19 for safe and adequate service and further the public policy set forth in 20 this section. Such standards may include but shall not be limited to: 21 (i) equipment necessary to isolate automatically the solar generating 22 system [or], micro-hydroelectric generating equipment or micro-combined 23 heat and power generating equipment from the utility system for voltage 24 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-generator's 27 premises and externally accessible for the purpose of isolating the 28 solar electric generating equipment [or], micro-hydroelectric generating 29 equipment or micro-combined heat and power generating equipment. 30 (b) In the event that the total rated generating capacity of solar 31 electric generating equipment [or], micro-hydroelectric generating 32 equipment or micro-combined heat and power generating equipment that 33 provides electricity to the electric corporation through the same local 34 feeder line exceeds twenty percent of the rated capacity of the local 35 feeder line, the electric corporation may require the customer-generator 36 to comply with reasonable measures to ensure safety of the local feeder 37 line. 38 (c) Unless otherwise determined to be necessary by the commission, an 39 electric corporation may not require a customer-generator to comply with 40 additional safety or performance standards, perform or pay for addi- 41 tional tests, or purchase additional liability insurance provided that 42 the solar electric generating equipment [or], micro-hydroelectric gener- 43 ating equipment or micro-combined heat and power generating equipment 44 meets the safety standards established pursuant to this subdivision. 45 § 5. Subdivision (h) of section 1020-g of the public authorities law, 46 as amended by chapter 546 of the laws of 2011, is amended to read as 47 follows: 48 (h) To implement programs and policies designed to provide for the 49 interconnection of: (i) (A) solar electric generating equipment owned or 50 operated by residential customers, (B) farm waste electric generating 51 equipment owned or operated by customer-generators, (C) solar electric 52 generating equipment owned or operated by non-residential customers, (D) 53 micro-combined heat and power generating equipment owned, leased or 54 operated by residential customers, (E) fuel cell electric generating 55 equipment owned, leased or operated by residential customers, [and] (F) 56 micro-combined heat and power generating equipment owned, leased, orA. 5498 4 1 operated by non-residential customers, and (G) micro-hydroelectric 2 generating equipment owned, leased or operated by customer-generators 3 and for net energy metering consistent with section sixty-six-j of the 4 public service law, to increase the efficiency of energy end use, to 5 shift demand from periods of high demand to periods of low demand and to 6 facilitate the development of cogeneration; and (ii) wind electric 7 generating equipment owned or operated by customer-generators and for 8 net energy metering consistent with section sixty-six-l of the public 9 service law. 10 § 6. This act shall take effect on the sixtieth day after it shall 11 have become a law.
