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.