S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3407
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   February 18, 2011
                                      ___________
       Introduced  by  Sens. MAZIARZ, GRISANTI, McDONALD, DeFRANCISCO, JOHNSON,
         LITTLE, MARCELLINO, RANZENHOFER, SALAND  --  read  twice  and  ordered
         printed,  and  when printed to be committed to the Committee on Energy
         and Telecommunications
       AN ACT to amend the public service law, in relation to remote net meter-
         ing by farm and non-residential customer-generators
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  Subdivision 3 of section 66-j of the public service law is
    2  amended by adding a new paragraph (e) to read as follows:
    3    (E)  A  CUSTOMER WHO OWNS OR OPERATES A FARM OPERATION AS SUCH TERM IS
    4  DEFINED IN SUBDIVISION ELEVEN OF SECTION THREE HUNDRED ONE OF THE  AGRI-
    5  CULTURE  AND  MARKETS  LAW,  OR  A NON-RESIDENTIAL CUSTOMER-GENERATOR AS
    6  DEFINED BY SUBPARAGRAPH (III) OF PARAGRAPH (A)  OF  SUBDIVISION  ONE  OF
    7  THIS  SECTION  THAT  LOCATES SOLAR ELECTRIC GENERATING EQUIPMENT OR FARM
    8  WASTE ELECTRIC GENERATING EQUIPMENT WITH A NET ENERGY METER ON  PROPERTY
    9  OWNED  OR LEASED BY SUCH CUSTOMER-GENERATOR MAY DESIGNATE, OVER A PERIOD
   10  AS PRESCRIBED IN PARAGRAPH (C) OF SUBDIVISION FOUR OF THIS SECTION,  ALL
   11  OR  A PORTION OF THE NET METERING CREDITS GENERATED BY SUCH EQUIPMENT TO
   12  UP  TO  FIFTEEN  METERS  AT  ANY  PROPERTY  OWNED  OR  LEASED  BY   SUCH
   13  CUSTOMER-GENERATOR  WITHIN  THE  SERVICE  TERRITORY OF THE SAME ELECTRIC
   14  CORPORATION TO WHICH THE  CUSTOMER-GENERATOR'S  NET  ENERGY  METERS  ARE
   15  INTERCONNECTED  AND BEING WITHIN THE SAME LOAD ZONE AS DETERMINED BY THE
   16  NEW YORK INDEPENDENT SYSTEM OPERATOR AS OF THE DATE OF  INITIAL  REQUEST
   17  BY THE CUSTOMER-GENERATOR TO CONDUCT NET METERING. THE AMOUNT OF THE NET
   18  METERING CREDITS SO DESIGNATED MAY NOT EXCEED THE TOTAL AMOUNT BILLED TO
   19  SUCH CUSTOMER-GENERATOR AT SUCH DESIGNATED METER OR METERS OVER A PERIOD
   20  AS PRESCRIBED IN PARAGRAPH (C) OF SUBDIVISION FOUR OF THIS SECTION.
   21    S  2.  Subdivision  3  of  section  66-1  of the public service law is
   22  amended by adding a new paragraph (e) to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09483-01-1
       S. 3407                             2
    1    (E) A  CUSTOMER  WHO  OWNS  OR  OPERATES  LAND  USED  IN  AGRICULTURAL
    2  PRODUCTION  AS  DEFINED IN SUBDIVISION FOUR OF SECTION THREE HUNDRED ONE
    3  OF THE AGRICULTURE AND MARKETS LAW, OR A NON-RESIDENTIAL CUSTOMER-GENER-
    4  ATOR AS DEFINED BY PARAGRAPH (C-1) OF SUBDIVISION ONE  OF  THIS  SECTION
    5  THAT  LOCATES WIND ELECTRIC GENERATING EQUIPMENT WITH A NET ENERGY METER
    6  ON PROPERTY OWNED OR LEASED BY  SUCH  CUSTOMER-GENERATOR  MAY  DESIGNATE
    7  OVER A PERIOD AS PRESCRIBED IN PARAGRAPH (C) OF SUBDIVISION FOUR OF THIS
    8  SECTION,  ALL OR A PORTION OF THE NET METERING CREDITS GENERATED BY SUCH
    9  EQUIPMENT TO UP TO FIFTEEN METERS, AT ANY PROPERTY OWNED  OR  LEASED  BY
   10  SUCH  CUSTOMER-GENERATOR  WITHIN THE SERVICE TERRITORY OF THE SAME ELEC-
   11  TRIC CORPORATION TO WHICH THE CUSTOMER-GENERATOR'S NET ENERGY METERS ARE
   12  INTERCONNECTED AND BEING WITHIN THE SAME LOAD ZONE AS DETERMINED BY  THE
   13  NEW  YORK  INDEPENDENT SYSTEM OPERATOR AS OF THE DATE OF INITIAL REQUEST
   14  BY THE CUSTOMER-GENERATOR TO CONDUCT NET METERING. THE AMOUNT OF THE NET
   15  METERING CREDITS SO DESIGNATED MAY NOT EXCEED THE TOTAL AMOUNT BILLED TO
   16  SUCH CUSTOMER-GENERATOR AT SUCH DESIGNATED METER OR METERS OVER A PERIOD
   17  AS PRESCRIBED IN PARAGRAPH (C) OF SUBDIVISION FOUR OF THIS SECTION.
   18    S 3. This act shall take effect immediately.