Bill Text: NY S03398 | 2017-2018 | General Assembly | Introduced
Bill Title: Redefines a "customer-generator" under the public service law.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2018-01-03 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S03398 Detail]
Download: New_York-2017-S03398-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3398 2017-2018 Regular Sessions IN SENATE January 23, 2017 ___________ Introduced by Sens. PARKER, DILAN -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommu- nications AN ACT to amend the public service law, in relation 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. 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, 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], leases, operates, or is entitled to the 9 output from or is otherwise served by solar electric generating equip- 10 ment located and used at his or her residence; (ii) a customer of an 11 electric corporation, who owns [or], leases, operates, or is entitled to 12 the output from or is otherwise served by farm waste electric generating 13 equipment located and used at his or her "farm operation," as such term 14 is defined in subdivision eleven of section three hundred one of the 15 agriculture and markets law; (iii) a non-residential customer of an 16 electric corporation which owns [or], leases, operates, or is entitled 17 to the output from or is otherwise served by solar electric generating 18 equipment located and used at [its] premises it owns or leases; (iv) a 19 residential customer of an electric corporation who owns, leases [or], 20 operates or is entitled to the output from or is otherwise served by 21 micro-combined heat and power generating equipment located on the 22 customer's premises; (v) a residential customer of an electric corpo- 23 ration who owns, leases [or], operates or is entitled to the output from 24 or is otherwise served by fuel cell generating equipment located on the 25 customer's premises; and (vi) a non-residential customer of an electric 26 corporation who owns, leases [or], operates or is entitled to the output 27 from or is otherwise served by fuel cell generating equipment located EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07501-01-7S. 3398 2 1 and used at [the customer's] premises it owns or leases; (vii) a resi- 2 dential customer of an electric corporation, who owns [or], leases, 3 operates or is otherwise entitled to the output from or is otherwise 4 served by micro-hydroelectric generating equipment located and used at 5 his or her residence; (viii) a non-residential customer of an electric 6 corporation which owns [or], leases, operates or is otherwise entitled 7 to the output from or is otherwise served by micro-hydroelectric gener- 8 ating equipment located and used at [its] premises it owns or leases; 9 and (ix) a non-residential customer of an electric corporation which 10 owns or operates farm waste electric generating equipment located and 11 used at its premises. 12 § 2. Paragraph (c) of subdivision 3 of section 66-j of the public 13 service law, as amended by chapter 546 of the laws of 2011, subparagraph 14 (iii) as amended by chapter 494 of the laws of 2014, is amended to read 15 as follows: 16 (c) In the event that the electric corporation determines that it is 17 necessary to install a dedicated transformer or transformers, or other 18 equipment to protect the safety and adequacy of electric service 19 provided to other customers, a customer-generator shall pay the electric 20 corporation's actual costs of installing the transformer or transfor- 21 mers, or other equipment: 22 (i) In the case of a customer-generator who owns [or], leases, oper- 23 ates or is entitled to the output from or is otherwise served by solar 24 electric generating equipment, micro-combined heat and power generating 25 equipment, fuel cell electric generating equipment or micro-hydroelec- 26 tric generating equipment located and used at his or her residence, or a 27 non-residential customer-generator who owns [or],leases, operates or is 28 entitled to the output from or is otherwise served by solar electric 29 generating equipment with a rated capacity of not more than twenty-five 30 kilowatts, up to a maximum amount of three hundred fifty dollars; 31 (ii) In the case of a customer-generator who owns [or], operates farm 32 waste electric generating equipment located and used at his or her "farm 33 operation," up to a total amount of five thousand dollars per "farm 34 operation"; and 35 (iii) In the case of a non-residential customer-generator who owns 36 [or], leases, operates or is entitled to the output from or is otherwise 37 served by solar electric generating equipment or fuel cell electric 38 generating equipment or micro-hydroelectric generating equipment or farm 39 waste generating equipment as described in subparagraph (ix) of para- 40 graph (a) of subdivision one of this section, with a rated capacity of 41 more than twenty-five kilowatts located and used at its premises, such 42 cost shall be as determined by the electric corporation subject to 43 review, upon the request of such customer-generator, by the department. 44 § 3. Paragraphs (e), (f) and (g) of subdivision 3 of section 66-j of 45 the public service law, paragraph (e) as amended by chapter 546 of the 46 laws of 2011, paragraph (f) as added by chapter 318 of the laws of 2012, 47 and paragraph (g) as added by chapter 200 of the laws of 2013, are 48 amended to read as follows: 49 (e) A customer who owns or operates a farm operation as such term is 50 defined in subdivision eleven of section three hundred one of the agri- 51 culture and markets law, or a non-residential customer-generator as 52 defined by subparagraph (iii) of paragraph (a) of subdivision one of 53 this section that [locates] owns, leases, operates or is entitled to the 54 output from or is otherwise served by solar electric generating equip- 55 ment or farm waste electric generating equipment with a net energy meter 56 on property owned or leased by such customer-generator may designate allS. 3398 3 1 or a portion of the net metering credits generated by such equipment to 2 meters at any property owned or leased by such customer-generator within 3 the service territory of the same electric corporation to which the 4 customer-generator's net energy meters are interconnected and being 5 within the same load zone as determined by the location based marginal 6 price as of the date of initial request by the customer-generator to 7 conduct net metering. The electric corporation will credit the accounts 8 of the customer by applying any credits to the highest use meter first, 9 then subsequent highest use meters until all such credits are attributed 10 to the customer. Any excess credits shall be carried over to the follow- 11 ing month. 12 (f) A customer who owns or operates a farm operation as such term is 13 defined in subdivision eleven of section three hundred one of the agri- 14 culture and markets law, or a non-residential customer-generator as 15 defined by subparagraph (viii) of paragraph (a) of subdivision one of 16 this section that [locates] owns, leases, operates or is entitled to the 17 output from or is otherwise served by micro-hydroelectric generating 18 equipment with a net energy meter on property owned or leased by such 19 customer-generator may designate all or a portion of the net metering 20 credits generated by such equipment to meters at any property owned or 21 leased by such customer-generator within the service territory of the 22 same electric corporation to which the customer-generator's net energy 23 meters are interconnected and being within the same load zone as deter- 24 mined by the location based marginal price as of the date of initial 25 request by the customer-generator to conduct net metering. The electric 26 corporation will credit the accounts of the customer by applying any 27 credits to the highest use meter first, then subsequent highest use 28 meters until all such credits are attributed to the customer. Any excess 29 credits shall be carried over to the following month. 30 (g) A customer who owns or operates a farm operation as such term is 31 defined in subdivision eleven of section three hundred one of the agri- 32 culture and markets law, or a non-residential customer-generator as 33 defined by subparagraph (viii) of paragraph (a) of subdivision one of 34 this section that [locates] owns, leases, operates or is entitled to the 35 output from or is otherwise served by fuel cell electric generating 36 equipment with a net energy meter on property owned or leased by such 37 customer-generator may designate all or a portion of the net metering 38 credits generated by such equipment to meters at any property owned or 39 leased by such customer-generator within the service territory of the 40 same electric corporation to which the customer-generator's net energy 41 meters are interconnected and being within the same load zone as deter- 42 mined by the location based marginal price as of the date of initial 43 request by the customer-generator to conduct net metering. The electric 44 corporation will credit the accounts of the customer by applying any 45 credits to the highest use meter first, then subsequent highest use 46 meters until all such credits are attributed to the customer. Any excess 47 credits shall be carried over to the following month. 48 § 4. Paragraph (a) of subdivision 1 of section 66-l of the public 49 service law, as amended by chapter 483 of the laws of 2008, is amended 50 to read as follows: 51 (a) "Customer-generator" means a residential customer, farm service 52 customer or non-residential customer of an electric corporation, who 53 owns [or], leases, operates, or is entitled to the output from or is 54 otherwise served by wind electric generating equipment. 55 § 5. This act shall take effect immediately.