Bill Text: NY A05521 | 2011-2012 | General Assembly | Introduced

---

Bill Title: Provides that credits for excess electricity generated by customer-generators subject to net energy metering by an electric corporation or the Long Island power authority may be carried over indefinitely and used against any charges imposed by an electric corporation or the Long Island power authority when the customer-generator uses more electricity than such customer generates; provides for the accounting of credits once every 5 years and the electric corporation or Long Island power authority shall reimburse the customer-generator for the accumulated credits.

Spectrum: Partisan Bill (Democrat 26-1)

Status: (Engrossed - Dead) 2012-01-10 - committed to energy [A05521 Detail]

Download: New_York-2011-A05521-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5521
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 23, 2011
                                      ___________
       Introduced  by  M. of A. ENGLEBRIGHT, HOOPER, BENEDETTO, GUNTHER, GALEF,
         SCHIMEL, AUBRY, JAFFEE, MAISEL,  CASTRO,  LIFTON,  MARKEY,  ROSENTHAL,
         GABRYSZAK  --  Multi-Sponsored by -- M. of A. BOYLAND, BOYLE, BRENNAN,
         GOTTFRIED, LAVINE, MAGEE, McENENY,  PERRY,  REILLY,  SWEENEY,  THIELE,
         WEISENBERG -- read once and referred to the Committee on Energy
       AN  ACT to amend the public service law, in relation to credit for elec-
         tricity generated by a customer-generator subject to net energy meter-
         ing
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 4 of section 66-j of the public service law, as
    2  amended  by  chapter  355  of  the  laws  of 2009, is amended to read as
    3  follows:
    4    4. Rates. An electric corporation shall use  net  energy  metering  to
    5  measure  and  charge for the net electricity supplied by the corporation
    6  and provided to the corporation by a  customer-generator,  according  to
    7  these requirements:
    8    (a) In the event that the amount of electricity supplied by the corpo-
    9  ration  during  the  billing  period  exceeds  the amount of electricity
   10  provided by a customer-generator, the corporation shall,  AFTER  DEDUCT-
   11  ING,  FROM  THE AGGREGATE OF UNUSED CREDIT FOR EXCESS ELECTRICITY GENER-
   12  ATED BY SUCH CUSTOMER-GENERATOR PRIOR TO SUCH BILLING PERIOD, AN  AMOUNT
   13  OF  CREDIT  EQUAL  TO THE AMOUNT OF ELECTRICITY SUPPLIED BY THE ELECTRIC
   14  CORPORATION, TO THE EXTENT SUCH CREDIT EXISTS, AND MAY THEREAFTER charge
   15  the customer-generator for the net electricity supplied, AFTER DEDUCTION
   16  OF SUCH CREDITS, at the  same  rate  per  kilowatt  hour  applicable  to
   17  service  provided  to other customers in the same service class which do
   18  not generate electricity onsite.
   19    (b) In the event that the amount of electricity produced by a  custom-
   20  er-generator during the billing period exceeds the amount of electricity
   21  used by the customer-generator, the corporation shall (I) apply a credit
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08773-01-1
       A. 5521                             2
    1  to the next bill for service to the customer-generator for the net elec-
    2  tricity  provided  at  the  same  rate  per  kilowatt hour applicable to
    3  service provided to other customers in the same service class  which  do
    4  not  generate electricity onsite, OR (II) AT THE OPTION OF THE CUSTOMER-
    5  GENERATOR, CREDIT SUCH CUSTOMER-GENERATOR  WITH  THE  AMOUNT  OF  EXCESS
    6  KILOWATT  HOURS GENERATED IN EXCESS OF ITS USE, AND SUCH CREDIT SHALL BE
    7  AGGREGATED INDEFINITELY TO BE USED AS CREDIT  AGAINST  CHARGES  INCURRED
    8  PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION; except for micro-combined
    9  heat and power or fuel cell customer-generators, who will be credited at
   10  the  corporation's  avoided  costs.  The avoided cost credit provided to
   11  micro-combined heat and power or fuel cell customer-generators shall  be
   12  treated  for  ratemaking  purposes  as  a purchase of electricity in the
   13  market that is includable in commodity costs.
   14    (c) At the end of the year or annualized over the period that  service
   15  is  supplied  by means of net energy metering, the corporation shall (I)
   16  promptly issue payment at its avoided cost to the customer-generator, as
   17  defined in subparagraph (i) [or], (ii), (IV) OR (V) of paragraph (a)  of
   18  subdivision  one  of this section, for the value of any remaining credit
   19  for the excess electricity produced during the year or over the  annual-
   20  ized  period  by  the  customer-generator,  OR (II) AT THE OPTION OF THE
   21  CUSTOMER-GENERATOR, SHALL CONTINUE TO AGGREGATE  SUCH  CREDITS,  AT  THE
   22  SAME  RATE PER KILOWATT HOUR APPLICABLE TO THE SERVICE PROVIDED TO OTHER
   23  CUSTOMERS IN THE SAME SERVICE CLASS WHICH DO NOT GENERATE ELECTRICITY ON
   24  SITE, FOR AN INDEFINITE PERIOD OF TIME AND CONTINUE TO ALLOW USE OF SUCH
   25  CREDIT TO OFFSET ANY LIABILITY OF THE CUSTOMER-GENERATOR TO THE ELECTRIC
   26  CORPORATION DURING BILLING PERIODS IN WHICH THE ELECTRICITY GENERATED BY
   27  THE CUSTOMER-GENERATOR IS LESS THAN THAT USED BY SUCH CUSTOMER.
   28    (d) In the event that the corporation imposes charges based  on  kilo-
   29  watt  demand  on  customers  who  are  in  the same service class as the
   30  customer-generator but which do not generate electricity  on  site,  the
   31  corporation may impose the same charges at the same rates to the custom-
   32  er-generator,  provided,  however,  that  the  kilowatt  demand for such
   33  demand charges is determined by the  maximum  measured  kilowatt  demand
   34  actually  supplied  by  the corporation to the customer-generator during
   35  the billing period.
   36    (E) IN THE EVENT THAT A CUSTOMER-GENERATOR ELECTS TO ALLOW THE  AGGRE-
   37  GATION   OF   ANY   CREDITS   FOR   EXCESS  ELECTRICITY  GENERATED,  THE
   38  CUSTOMER-GENERATOR SHALL BE ENTITLED TO AN ACCOUNTING  OF  SUCH  CREDITS
   39  ONCE EVERY FIVE YEARS AND UPON SUCH ACCOUNTING, THE ELECTRIC CORPORATION
   40  SHALL PROMPTLY ISSUE PAYMENT AT ITS AVOIDED COST TO SUCH CUSTOMER-GENER-
   41  ATOR, AS DEFINED IN SUBPARAGRAPH (I), (II), (IV) OR (V) OF PARAGRAPH (A)
   42  OF SUBDIVISION ONE OF THIS SECTION, FOR THE VALUE OF ANY REMAINING CRED-
   43  IT FOR THE EXCESS ELECTRICITY PRODUCED BY THE CUSTOMER-GENERATOR.
   44    S  2.  Subdivision  4  of  section  66-l of the public service law, as
   45  amended by chapter 721 of the laws of 2006, paragraphs (b)  and  (c)  as
   46  amended  and  paragraph (d) as added by chapter 483 of the laws of 2008,
   47  is amended to read as follows:
   48    4. Rates. An electric corporation shall use  net  energy  metering  to
   49  measure  and  charge for the net electricity supplied by the corporation
   50  and provided to the corporation by a  customer-generator,  according  to
   51  the following requirements:
   52    (a) In the event that the amount of electricity supplied by the corpo-
   53  ration  during  the  billing  period  exceeds  the amount of electricity
   54  provided by a customer-generator, the corporation shall,  AFTER  DEDUCT-
   55  ING,  FROM  THE AGGREGATE OF UNUSED CREDIT FOR EXCESS ELECTRICITY GENER-
   56  ATED BY SUCH CUSTOMER-GENERATOR PRIOR TO SUCH BILLING PERIOD, AN  AMOUNT
       A. 5521                             3
    1  OF  CREDIT  EQUAL  TO THE AMOUNT OF ELECTRICITY SUPPLIED BY THE ELECTRIC
    2  CORPORATION, TO THE EXTENT SUCH CREDIT EXISTS, AND MAY THEREAFTER charge
    3  the customer-generator for the net electricity supplied, AFTER DEDUCTION
    4  OF  SUCH  CREDITS,  at  the  same  rate  per kilowatt hour applicable to
    5  service provided to other customers in the same service class  which  do
    6  not generate electricity on site.
    7    (b)  In the event that the amount of electricity produced by a custom-
    8  er-generator during the billing period exceeds the amount of electricity
    9  used by the customer-generator, the corporation shall (I) apply a credit
   10  to the next bill for service to the customer-generator for the net elec-
   11  tricity provided at the  same  rate  per  kilowatt  hour  applicable  to
   12  service  provided  to other customers in the same service class which do
   13  not generate electricity on site, OR (II) AT THE OPTION OF  THE  CUSTOM-
   14  ER-GENERATOR,  CREDIT  SUCH CUSTOMER-GENERATOR WITH THE AMOUNT OF EXCESS
   15  KILOWATT HOURS GENERATED IN EXCESS OF ITS USE, AND SUCH CREDIT SHALL  BE
   16  AGGREGATED  INDEFINITELY  TO  BE USED AS CREDIT AGAINST CHARGES INCURRED
   17  PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION.
   18    (c) At the end of the year or annualized over the period that  service
   19  is  supplied  by means of net energy metering, the corporation shall (I)
   20  promptly issue payment at its avoided cost  to  a  residential  or  farm
   21  service customer-generator for the value of any remaining credit for the
   22  excess electricity produced during the year or over the annualized peri-
   23  od   by   such   customer-generator,  OR  (II)  AT  THE  OPTION  OF  THE
   24  CUSTOMER-GENERATOR, SHALL CONTINUE TO AGGREGATE  SUCH  CREDITS,  AT  THE
   25  SAME  RATE PER KILOWATT HOUR APPLICABLE TO THE SERVICE PROVIDED TO OTHER
   26  CUSTOMERS IN THE SAME SERVICE CLASS WHICH DO NOT GENERATE ELECTRICITY ON
   27  SITE, FOR AN INDEFINITE PERIOD OF TIME, AND CONTINUE  TO  ALLOW  USE  OF
   28  SUCH  CREDIT  TO  OFFSET  ANY LIABILITY OF THE CUSTOMER-GENERATOR TO THE
   29  ELECTRIC CORPORATION DURING BILLING PERIODS  IN  WHICH  THE  ELECTRICITY
   30  GENERATED  BY  THE  CUSTOMER-GENERATOR  IS  LESS  THAN THAT USED BY SUCH
   31  CUSTOMER.
   32    (d) In the event that the corporation imposes charges based  on  kilo-
   33  watt  demand  on  customers  who  are  in  the same service class as the
   34  customer-generator but which do not generate electricity  on  site,  the
   35  corporation may impose the same charges at the same rates to the custom-
   36  er-generator,  provided,  however,  that  the  kilowatt  demand for such
   37  demand charges is determined by the  maximum  measured  kilowatt  demand
   38  actually  supplied  by  the corporation to the customer-generator during
   39  the billing period.
   40    (E) IN THE EVENT THAT A CUSTOMER-GENERATOR ELECTS TO ALLOW THE  AGGRE-
   41  GATION   OF   ANY   CREDITS   FOR   EXCESS  ELECTRICITY  GENERATED,  THE
   42  CUSTOMER-GENERATOR SHALL BE ENTITLED TO AN ACCOUNTING  OF  SUCH  CREDITS
   43  ONCE EVERY FIVE YEARS AND UPON SUCH ACCOUNTING, THE ELECTRIC CORPORATION
   44  SHALL PROMPTLY ISSUE PAYMENT AT ITS AVOIDED COST TO SUCH CUSTOMER-GENER-
   45  ATOR  FOR  THE  VALUE OF ANY REMAINING CREDIT FOR THE EXCESS ELECTRICITY
   46  PRODUCED BY THE CUSTOMER-GENERATOR.
   47    S 3. This act shall take effect on the first of January next  succeed-
   48  ing the date on which it shall have become a law.