Bill Text: NY A05785 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the public service law and the public authorities law, in relation to net energy metering for solar, wind, fuel cell and farm waste electric generating systems; and to repeal section 66-l of the public service law relating to net energy metering for residential and/or farm service wind electric generating systems
Spectrum: Moderate Partisan Bill (Democrat 39-5)
Status: (Introduced - Dead) 2010-01-06 - referred to energy [A05785 Detail]
Download: New_York-2009-A05785-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5785 2009-2010 Regular Sessions I N A S S E M B L Y February 20, 2009 ___________ Introduced by M. of A. ENGLEBRIGHT, BENEDETTO, SWEENEY, BRADLEY, REILLY, FIELDS, DESTITO, JACOBS, MAISEL, DelMONTE, J. RIVERA, MARKEY, GALEF, MILLMAN, KOON, CAHILL, GUNTHER, LUPARDO, CARROZZA, MAGNARELLI, SCHIM- MINGER, ALFANO, ESPAILLAT, HOOPER, O'DONNELL, ROSENTHAL, BROOK-KRASNY, GORDON, STIRPE, SPANO, TITONE, ALESSI, JAFFEE, KAVANAGH -- Multi-Spon- sored by -- M. of A. BING, BOYLAND, BRENNAN, CALHOUN, COLTON, CONTE, COOK, EDDINGTON, GIGLIO, GOTTFRIED, HYER-SPENCER, JEFFRIES, KOLB, LATIMER, P. LOPEZ, MAGEE, MAYERSOHN, McENENY, PAULIN, PHEFFER, WEISEN- BERG -- read once and referred to the Committee on Energy AN ACT to amend the public service law and the public authorities law, in relation to net energy metering for solar, wind, fuel cell and farm waste electric generating systems; and to repeal section 66-l of the public service law relating to net energy metering for residential and/or farm service wind electric generating systems THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The section heading and subdivisions 1, 2, 3, 4 and 5 of 2 section 66-j of the public service law, the section heading, paragraphs 3 (a), (d) and (e) of subdivision 1, subdivision 2, paragraphs (a), (b) 4 and (c) of subdivision 3 and paragraphs (c) and (d) of subdivision 4 as 5 amended by chapter 452 of the laws of 2008, subdivisions 1, 3, 4 and 5 6 as amended by chapter 515 of the laws of 2002 and paragraph (b) and the 7 opening paragraph of paragraph (e) of subdivision 1 as amended by chap- 8 ter 480 of the laws of 2008, are amended to read as follows: 9 Net energy metering for [residential] solar, WIND, FUEL CELL OR farm 10 waste [or non-residential solar] electric generating systems. 1. Defi- 11 nitions. As used in this section, the following terms shall have the 12 following meanings: 13 (a) "Customer-generator" means: (i) [a residential] ANY customer of 14 an electric corporation, who owns or operates solar, WIND OR FUEL CELL 15 electric generating equipment, OR ANY HYBRID EQUIPMENT COMPOSED OF THESE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09113-01-9 A. 5785 2 1 THREE TECHNOLOGIES located and used at his or her [residence] PREMISES; 2 AND (ii) a customer of an electric corporation, who owns or operates 3 farm waste electric generating equipment located and used at his or her 4 "farm operation," as such term is defined in subdivision eleven of 5 section three hundred one of the agriculture and markets law[; and (iii) 6 a non-residential customer of an electric corporation which owns or 7 operates solar electric generating equipment located and used at its 8 premises]. 9 (b) "Net energy meter" means a meter that measures the reverse flow of 10 electricity to register the difference between the electricity supplied 11 by an electric corporation to the customer-generator and the electricity 12 provided to the corporation by that customer-generator. 13 (c) "Net energy metering" means the use of a net energy meter to meas- 14 ure, during the billing period applicable to a customer-generator, the 15 net amount of electricity supplied by an electric corporation and 16 provided to the corporation by a customer-generator. 17 (d) "Solar electric generating equipment" means a photovoltaic system 18 [(i) (A) in the case of a residential customer,] with a rated capacity 19 of not more than [twenty-five] TWO THOUSAND kilowatts[; and (B) in the 20 case of a non-residential customer, with a rated capacity of not more 21 than the lesser of two thousand kilowatts or such customer's peak load 22 as measured over the prior twelve month period, or in the case that such 23 twelve month period of measurement is not available, then as determined 24 by the commission based on its analysis of comparable facilities; and 25 (ii)] that is manufactured, installed, and operated in accordance with 26 applicable government and industry standards, that is connected to the 27 electric system and operated in [conjunction] PARALLEL with an electric 28 corporation's transmission and distribution facilities, and that is 29 operated in compliance with any standards and requirements established 30 under this section. 31 (e) "Farm waste electric generating equipment" means equipment that 32 generates electric energy from biogas produced by the anaerobic 33 digestion of agricultural waste, such as livestock manure, farming 34 wastes and food processing wastes with a rated capacity of not more than 35 [five hundred] TWO THOUSAND kilowatts, that is: 36 i. manufactured, installed, and operated in accordance with applicable 37 government and industry standards; 38 ii. connected to the electric system and operated in conjunction with 39 an electric corporation's transmission and distribution facilities; 40 iii. operated in compliance with any standards and requirements estab- 41 lished under this section; 42 iv. fueled at a minimum of ninety percent on an annual basis by biogas 43 produced from the anaerobic digestion of agricultural waste such as 44 livestock manure materials, crop residues, and food processing waste; 45 and 46 v. fueled by biogas generated by anaerobic digestion with at least 47 fifty percent by weight of its feedstock being livestock manure materi- 48 als on an annual basis. 49 (F) "WIND ELECTRIC GENERATING EQUIPMENT" MEANS A WIND GENERATOR OR 50 GENERATORS WITH A COMBINED RATED CAPACITY OF NOT MORE THAN TWO THOUSAND 51 KILOWATTS THAT IS MANUFACTURED, INSTALLED AND OPERATED IN ACCORDANCE 52 WITH APPLICABLE GOVERNMENT AND INDUSTRY STANDARDS, THAT IS CONNECTED TO 53 THE ELECTRIC SYSTEM AND OPERATED IN PARALLEL WITH AN ELECTRIC CORPO- 54 RATION'S TRANSMISSION AND DISTRIBUTION FACILITIES, AND THAT IS OPERATED 55 IN COMPLIANCE WITH ANY STANDARDS AND REQUIREMENTS ESTABLISHED UNDER THIS 56 SECTION. A. 5785 3 1 (G) "FUEL CELL ELECTRIC GENERATING EQUIPMENT" MEANS A SOLID OXIDE, 2 MOLTEN CARBONATE, PROTON EXCHANGE MEMBRANE OR PHOSPHORIC ACID FUEL CELL 3 WITH A COMBINED RATED CAPACITY OF NOT MORE THAN TWO THOUSAND KILOWATTS 4 THAT IS MANUFACTURED, INSTALLED AND OPERATED IN ACCORDANCE WITH APPLICA- 5 BLE GOVERNMENT AND INDUSTRY STANDARDS, THAT IS CONNECTED TO THE ELECTRIC 6 SYSTEM AND OPERATED IN PARALLEL WITH AN ELECTRIC CORPORATION'S TRANS- 7 MISSION AND DISTRIBUTION FACILITIES, AND THAT IS OPERATED IN COMPLIANCE 8 WITH ANY STANDARDS AND REQUIREMENTS ESTABLISHED UNDER THIS SECTION. 9 (H) "ELECTRIC CORPORATION" MEANS ANY PUBLIC OR PRIVATELY OWNED ENTITY 10 THAT OFFERS RETAIL ELECTRICAL SERVICE TO END-USE ELECTRIC CONSUMERS. 11 (I) "ELIGIBLE TECHNOLOGIES" MEANS THE SOLAR, WIND, FUEL CELL OR FARM 12 WASTE ELECTRIC GENERATING EQUIPMENT. 13 2. Interconnection and net energy metering. An electric corporation 14 shall provide for the interconnection of [solar and farm waste electric 15 generating equipment] ELIGIBLE TECHNOLOGIES owned or operated by a 16 customer-generator and for net energy metering, provided that the 17 customer-generator enters into a net energy metering contract with the 18 corporation or complies with the corporation's net energy metering sche- 19 dule and complies with standards and requirements established under this 20 section. 21 3. Conditions of service. (a) [(i)] On or before three months after 22 the effective date of this section, each electric corporation shall 23 develop a model contract and file a schedule that establishes consistent 24 and reasonable rates, terms and conditions for net energy metering to 25 customer-generators, according to the requirements of this section. The 26 commission shall render a decision within three months from the date on 27 which the schedule is filed. 28 [(ii) On or before three months after the effective date of this 29 subparagraph, each electric corporation shall develop a model contract 30 and file a schedule that establishes consistent and reasonable rates, 31 terms and conditions for net energy metering to non-residential customer 32 generators, according to the requirements of this section. The commis- 33 sion shall render a decision within three months of the date on which 34 the schedule is filed. 35 (iii) Each electric corporation shall make such contract and schedule 36 available to customer-generators on a first come, first served basis, 37 until the total rated generating capacity for solar and farm waste elec- 38 tric generating equipment owned or operated by customer-generators in 39 the corporation's service area is equivalent to one percent of the 40 corporation's electric demand for the year two thousand five, as deter- 41 mined by the department.] 42 (b) [Nothing in this subdivision shall prohibit a corporation from 43 providing net energy metering to additional customer-generators. The 44 commission shall have the authority, after January first, two thousand 45 twelve, to increase the percent limits if it determines that additional 46 net energy metering is in the public interest. 47 (c) In the event that the electric corporation determines that it is 48 necessary to install a dedicated transformer or transformers, or other 49 equipment to protect the safety and adequacy of electric service 50 provided to other customers, a customer-generator shall pay the electric 51 corporation's actual costs of installing the transformer or transfor- 52 mers, or other equipment: 53 (i) In the case of a customer-generator who owns or operates solar 54 electric generating equipment located and used at his or her residence; 55 up to a maximum amount of three hundred fifty dollars. A. 5785 4 1 (ii) In the case of a customer-generator who owns or operates farm 2 waste electric generating equipment located and used at his or her "farm 3 operation," up to a total amount of five thousand dollars per "farm 4 operation". 5 (iii) In the case of a non-residential customer-generator who owns or 6 operates solar electric generating equipment located and used at its 7 premises, such cost shall be as determined by the department pursuant to 8 standards established thereby. 9 (d)] An electric corporation shall impose no other charge or fee, 10 including, BUT NOT LIMITED TO, back-up, stand by and demand charges, for 11 the provision of net energy metering to a customer-generator, except as 12 provided in paragraph (d) of subdivision four of this section. 13 4. Rates. An electric corporation shall use net energy metering to 14 measure and charge for the net electricity supplied by the corporation 15 and provided to the corporation by a customer-generator, according to 16 these requirements: 17 (a) In the event that the amount of electricity supplied by the corpo- 18 ration during the billing period exceeds the amount of electricity 19 provided by a customer-generator, the corporation shall charge the 20 customer-generator for the net electricity supplied at the same rate per 21 kilowatt hour applicable to service provided to other customers in the 22 same service class which do not generate electricity onsite. 23 (b) In the event that the amount of electricity produced by a custom- 24 er-generator during the billing period exceeds the amount of electricity 25 used by the customer-generator, the corporation shall apply a credit to 26 the next bill for service to the customer-generator for the net elec- 27 tricity provided at the same rate per kilowatt hour applicable to 28 service provided to other customers in the same service class which do 29 not generate electricity onsite. 30 (c) At the end of the year or annualized over the period that service 31 is supplied by means of net energy metering, the corporation shall 32 promptly issue payment at its avoided cost to the customer-generator, as 33 defined in subparagraph (i) or (ii) of paragraph (a) of subdivision one 34 of this section, for the value of any remaining credit for the excess 35 electricity produced during the year or over the annualized period by 36 the customer-generator. 37 (d) In the event that the corporation imposes charges based on kilo- 38 watt demand on customers who are in the same service class as the 39 customer-generator but which do not generate electricity on site, the 40 corporation may impose the same charges at the same rates to the custom- 41 er-generator, provided, however, that the kilowatt demand for such 42 demand charges is determined by the maximum measured kilowatt demand 43 actually supplied by the corporation to the customer-generator during 44 the billing period. 45 (E) NET ENERGY METERING SHALL BE ACCOMPLISHED USING A SINGLE METER 46 CAPABLE OF REGISTERING THE FLOW OF ELECTRICITY IN TWO DIRECTIONS. AN 47 ADDITIONAL METER OR METERS TO MONITOR THE FLOW OF ELECTRICITY IN EACH 48 DIRECTION MAY BE INSTALLED WITH THE CONSENT OF THE CUSTOMER-GENERATOR, 49 AT THE EXPENSE OF THE ELECTRIC CORPORATION, AND THE ADDITIONAL METERING 50 SHALL BE USED ONLY TO PROVIDE THE INFORMATION NECESSARY TO ACCURATELY 51 BILL OR CREDIT THE CUSTOMER-GENERATOR PURSUANT TO PARAGRAPH (F) OF THIS 52 SUBDIVISION, OR TO COLLECT SYSTEM PERFORMANCE INFORMATION ON THE ELIGI- 53 BLE TECHNOLOGY FOR RESEARCH PURPOSES. IF THE EXISTING ELECTRICAL METER 54 OF AN ELIGIBLE CUSTOMER-GENERATOR IS NOT CAPABLE OF MEASURING THE FLOW 55 OF ELECTRICITY IN TWO DIRECTIONS AND PROVIDED THE REASON THE METER IS 56 NOT CAPABLE OF MEASURING THE FLOW IN TWO DIRECTIONS IS NOT RELATED A. 5785 5 1 EITHER TO A MECHANICAL DEVICE INSTALLED BY AN ELECTRIC CORPORATION OR 2 SUCH CORPORATION'S SELECTION OF A METER WITHOUT THIS CAPABILITY WHEN 3 OTHER METERS CAPABLE OF MEASURING THE FLOW OF ELECTRICITY IN TWO 4 DIRECTIONS WERE AVAILABLE TO THE ELECTRIC CORPORATION, THE CUSTOMER-GEN- 5 ERATOR SHALL BE RESPONSIBLE FOR ALL EXPENSES INVOLVED IN PURCHASING AND 6 INSTALLING A METER THAT IS ABLE TO MEASURE THE FLOW OF ELECTRICITY IN 7 TWO DIRECTIONS. IF AN ADDITIONAL METER OR METERS ARE INSTALLED, THE NET 8 ENERGY METERING CALCULATION SHALL YIELD A RESULT IDENTICAL TO THAT OF A 9 SINGLE METER. 10 (F) EVERY ELECTRIC CORPORATION SHALL DEVELOP A STANDARD CONTRACT OR 11 TARIFF PROVIDING FOR NET ENERGY METERING, AND SHALL MAKE THIS CONTRACT 12 AVAILABLE TO ELIGIBLE CUSTOMER-GENERATORS, UPON REQUEST. EVERY ELECTRIC 13 CORPORATION SHALL ENSURE THAT REQUESTS FOR ESTABLISHMENT OF NET ENERGY 14 METERING ARE PROCESSED IN A TIME PERIOD NOT EXCEEDING THAT FOR SIMILARLY 15 SITUATED CUSTOMERS REQUESTING NEW ELECTRIC SERVICE, BUT NOT TO EXCEED 16 ONE MONTH FROM THE DATE THE ELECTRIC CORPORATION RECEIVES A COMPLETED 17 APPLICATION FORM FROM AN ELIGIBLE CUSTOMER-GENERATOR. IF AN ELECTRIC 18 CORPORATION IS UNABLE TO PROCESS THE REQUEST WITHIN THE ALLOWABLE TIME- 19 FRAME, THE ELECTRIC CORPORATION SHALL NOTIFY THE CUSTOMER-GENERATOR OF 20 THE REASON FOR ITS INABILITY TO PROCESS THE REQUEST AND THE DATE THE 21 REQUEST WILL BE COMPLETED. EVERY ELECTRIC CORPORATION SHALL MAKE ALL 22 NECESSARY FORMS AND CONTRACTS FOR NET ENERGY METERING AVAILABLE FOR 23 DOWNLOAD FROM THE INTERNET. 24 (G) EACH NET ENERGY METERING CONTRACT OR TARIFF SHALL BE IDENTICAL, 25 WITH RESPECT TO RATE STRUCTURE, ALL RETAIL RATE COMPONENTS AND ANY 26 MONTHLY CHARGES, TO THE CONTRACT OR TARIFF TO WHICH THE SAME CUSTOMER 27 WOULD BE ASSIGNED IF SUCH CUSTOMER WAS NOT AN ELIGIBLE CUSTOMER-GENERA- 28 TOR, EXCEPT THAT ELIGIBLE CUSTOMER-GENERATORS SHALL NOT BE ASSESSED 29 STANDBY CHARGES ON THE ELECTRICAL GENERATING CAPACITY OR THE 30 KILOWATT-HOUR PRODUCTION OF AN ELIGIBLE TECHNOLOGY. THE CHARGES FOR ALL 31 RETAIL RATE COMPONENTS FOR ELIGIBLE CUSTOMER-GENERATORS SHALL BE BASED 32 EXCLUSIVELY ON THE CUSTOMER-GENERATOR'S NET KILOWATT-HOUR CONSUMPTION 33 OVER A TWELVE MONTH PERIOD, WITHOUT REGARD TO THE CUSTOMER-GENERATOR'S 34 CHOICE OF ELECTRIC CORPORATION. ANY NEW OR ADDITIONAL DEMAND CHARGE, 35 STANDBY CHARGE, CUSTOMER CHARGE, MINIMUM MONTHLY CHARGE, INTERCONNECTION 36 CHARGE OR OTHER CHARGE THAT WOULD INCREASE AN ELIGIBLE 37 CUSTOMER-GENERATOR'S COSTS BEYOND THOSE OF OTHER CUSTOMERS IN THE RATE 38 CLASS TO WHICH THE ELIGIBLE CUSTOMER-GENERATOR WOULD OTHERWISE BE 39 ASSIGNED ARE CONTRARY TO THE INTENT OF THIS SECTION, AND SHALL NOT FORM 40 A PART OF NET ENERGY METERING CONTRACTS OR TARIFFS. 41 (H) FOR ALL ELIGIBLE CUSTOMER-GENERATORS TAKING SERVICE UNDER TARIFFS 42 EMPLOYING "TIME OF USE" RATES, ANY NET MONTHLY CONSUMPTION OF ELECTRIC- 43 ITY SHALL BE CALCULATED ACCORDING TO THE TERMS OF THE CONTRACT OR TARIFF 44 TO WHICH THE SAME CUSTOMER WOULD BE ASSIGNED TO OR BE ELIGIBLE FOR IF 45 THE CUSTOMER WAS NOT AN ELIGIBLE CUSTOMER-GENERATOR. WHEN THOSE SAME 46 CUSTOMER-GENERATORS ARE NET GENERATORS DURING ANY DISCRETE TIME OF USE 47 PERIOD, THE NET KILOWATT-HOURS PRODUCED SHALL BE VALUED AT THE SAME 48 PRICE PER KILOWATT-HOUR AS THE ELECTRIC CORPORATION WOULD CHARGE FOR 49 RETAIL KILOWATT-HOUR SALES DURING THAT SAME TIME OF USE PERIOD AND THAT 50 VALUE SHALL BE APPLIED AS A CREDIT TO ANY OF THE DISCRETE TIME OF USE 51 PERIODS UNDER THE TARIFF. IF THE ELIGIBLE CUSTOMER-GENERATOR'S TIME OF 52 USE ELECTRICAL METER IS UNABLE TO MEASURE THE FLOW OF ELECTRICITY IN TWO 53 DIRECTIONS, THE PROVISIONS OF PARAGRAPH (D) OF THIS SUBDIVISION SHALL 54 APPLY. 55 5. Safety standards. (a) On or before three months after the effective 56 date of [this section, each electric corporation shall establish stand- A. 5785 6 1 ards that are necessary for net energy metering and the interconnection 2 of residential solar or farm waste electric generating equipment to its 3 system and that the commission shall determine are necessary for safe 4 and adequate service and further the public policy set forth in this 5 section. Such standards may include but shall not be limited to: 6 (i) equipment necessary to isolate automatically the residential solar 7 and farm waste generating system from the utility system for voltage and 8 frequency deviations; and 9 (ii) a manual lockable disconnect switch provided by the customer-gen- 10 erator which shall be located on the outside of the customer's premises 11 and externally accessible for the purpose of isolating the residential 12 solar and farm waste electric generating equipment. 13 (b) Upon its own motion or upon a complaint, the commission, or its 14 designated representative, may investigate and make a determination as 15 to the reasonableness and necessity of the standards or responsibility 16 for compliance with the standards. 17 (i) In the case of a customer-generator who owns or operates solar 18 electric generating equipment located and used at his or her residence; 19 an electric corporation may not require a customer-generator to comply 20 with additional safety or performance standards, perform or pay for 21 additional tests, or purchase additional liability insurance provided 22 that the residential solar or farm waste electric generating equipment 23 meets the safety standards established pursuant to this paragraph. 24 (ii) In the case of a customer-generator who owns or operates farm 25 waste electric generating equipment located and used at his or her "farm 26 operation," an electric corporation may not require a customer-generator 27 to comply with additional safety or performance standards, perform or 28 pay for additional tests, or purchase additional liability insurance 29 provided that: 30 1. the electric generating equipment meets the safety standards estab- 31 lished pursuant to this paragraph; and 32 2. the total rated generating capacity (measured in kW) of farm waste 33 electric generating equipment that provides electricity to the electric 34 corporation through the same local feeder line, does not exceed twenty 35 percent of the rated capacity of that local feeder line. 36 (iii) In the event that the total rated generating capacity of farm 37 waste electric generating equipment that provides electricity to the 38 electric corporation through the same local feeder line exceeds twenty 39 percent of the rated capacity of the local feeder line, the electric 40 corporation may require the customer-generator to comply with reasonable 41 measures to ensure safety of that local feeder line.] PARAGRAPH (B) OF 42 THIS SUBDIVISION, THE COMMISSION SHALL ESTABLISH STANDARDS FOR INTERCON- 43 NECTION OF GENERATORS, TAKING INTO ACCOUNT APPLICABLE INDUSTRY STANDARDS 44 INCLUDING IEEE 1541, AND BEST PRACTICES INCLUDED IN THE INTERSTATE 45 RENEWABLE ENERGY COUNCIL'S MODEL INTERCONNECTION RULES MR-12005. SUCH 46 STANDARDS SHALL NOT BE MORE RESTRICTIVE OF INTERCONNECTION THAN STAND- 47 ARDS ESTABLISHED IN FERC ORDERS 2006 AND 2006A AS OF THE EFFECTIVE DATE 48 OF PARAGRAPH (B) OF THIS SUBDIVISION. 49 (B) THE COMMISSION SHALL PROMULGATE REGULATIONS ENSURING THAT SIMPLI- 50 FIED CONTRACTS WILL BE USED FOR THE INTERCONNECTION OF GENERATORS THAT 51 HAVE A PRODUCTION CAPACITY NOT EXCEEDING TWO THOUSAND KILOWATTS AND 52 SHALL CONSIDER THE BEST PRACTICES FOR CONSUMER FRIENDLY CONTRACTS 53 ADOPTED BY NATIONAL ASSOCIATIONS OF STATE UTILITY REGULATORS. SUCH 54 CONTRACTS SHALL NOT REQUIRE LIABILITY OR OTHER INSURANCE IN EXCESS OF 55 WHAT IS TYPICALLY CARRIED BY CUSTOMER-GENERATORS FOR GENERAL LIABILITY. 56 S 2. Section 66-l of the public service law is REPEALED. A. 5785 7 1 S 3. Subdivision (h) of section 1020-g of the public authorities law, 2 as amended by chapter 452 of the laws of 2008, is amended to read as 3 follows: 4 (h) To implement programs and policies designed to provide for the 5 interconnection of[: (i) (A)] solar, WIND, FUEL CELL OR FARM WASTE elec- 6 tric generating equipment owned or operated by [residential customers, 7 (B) farm waste electric generating equipment owned or operated by 8 customer-generators, and (C) solar electric generating equipment owned 9 or operated by non-residential customers,] CUSTOMER-GENERATORS and for 10 net energy metering consistent with section sixty-six-j of the public 11 service law, AND to increase the efficiency of energy end use, to shift 12 demand from periods of high demand to periods of low demand and to 13 facilitate the development of cogeneration; [and (ii) wind electric 14 generating equipment owned or operated by customer-generators and for 15 net energy metering consistent with section sixty-six-l of the public 16 service law.] 17 S 4. This act shall take effect immediately.