Bill Text: NY S04304 | 2023-2024 | 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 2-0)
Status: (Engrossed) 2024-03-28 - referred to energy [S04304 Detail]
Download: New_York-2023-S04304-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4304 2023-2024 Regular Sessions IN SENATE February 7, 2023 ___________ Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommuni- cations AN ACT to amend the public service law and the public authorities law, in relation to credit for electricity generated by a customer-genera- tor subject to net energy metering 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, paragraph (b) as amended by 3 chapter 691 of the laws of 2022 and (c) as amended by chapter 494 of the 4 laws of 2014, is amended to read as follows: 5 4. Rates. An electric corporation shall use net energy metering to 6 measure and charge for the net electricity supplied by the corporation 7 and provided to the corporation by a customer-generator, according to 8 these requirements: 9 (a) In the event that the amount of electricity supplied by the corpo- 10 ration during the billing period exceeds the amount of electricity 11 provided by a customer-generator, the corporation shall, after deduct- 12 ing, from the aggregate of unused credit for excess electricity gener- 13 ated by such customer-generator prior to such billing period, an amount 14 of credit equal to the amount of electricity supplied by the electric 15 corporation, to the extent such credit exists, and may thereafter charge 16 the customer-generator for the net electricity supplied, after deduction 17 of such credits, at the same rate per kilowatt hour applicable to 18 service provided to other customers in the same service class which do 19 not generate electricity onsite. 20 (b) In the event that the amount of electricity produced by a custom- 21 er-generator during the billing period exceeds the amount of electricity 22 used by the customer-generator, the corporation shall (i) apply a credit 23 to the next bill for service to the customer-generator for the net elec- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06333-01-3S. 4304 2 1 tricity provided at the same rate per kilowatt hour applicable to 2 service provided to other customers in the same service class which do 3 not generate electricity onsite, or (ii) at the option of the customer- 4 generator, credit such customer-generator with the amount of excess 5 kilowatt hours generated in excess of its use, and such credit shall be 6 aggregated indefinitely to be used as credit against charges incurred 7 pursuant to paragraph (a) of this subdivision; except for micro-combined 8 heat and power or fuel cell or fuel-flexible linear generator customer- 9 generators or farm waste generating equipment customer-generators as 10 described in subparagraph (ix) of paragraph (a) of subdivision one of 11 this section, who will be credited at the corporation's avoided costs. 12 The avoided cost credit provided to micro-combined heat and power or 13 fuel cell or fuel-flexible linear generator customer-generators or farm 14 waste generating equipment customer-generators as described in subpara- 15 graph (ix) of paragraph (a) of subdivision one of this section shall be 16 treated for ratemaking purposes as a purchase of electricity in the 17 market that is includable in commodity costs. 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 the customer-generator, as 21 defined in subparagraph (i), (ii), (iv), (v) or (ix) of paragraph (a) of 22 subdivision one of this section, for the value of any remaining credit 23 for the excess electricity produced during the year or over the annual- 24 ized period by the customer-generator, or (ii) at the option of the 25 customer-generator, shall continue to aggregate such credits, at the 26 same rate per kilowatt hour applicable to the service provided to other 27 customers in the same service class which do not generate electricity on 28 site, for an indefinite period of time and continue to allow use of such 29 credit to offset any liability of the customer-generator to the electric 30 corporation during billing periods in which the electricity generated by 31 the customer-generator is less than that used by such 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 customer- 42 generator shall be entitled to an accounting of such credits once every 43 five years and upon such accounting, the electric corporation shall 44 promptly issue payment at its avoided cost to such customer-generator, 45 as defined in subparagraph (i), (ii), (iv) or (v) of paragraph (a) of 46 subdivision one of this section, for the value of any remaining credit 47 for the excess electricity produced by the customer-generator. 48 § 2. Subdivision 4 of section 66-l of the public service law, as 49 amended by chapter 721 of the laws of 2006, paragraphs (b) and (c) as 50 amended and paragraph (d) as added by chapter 483 of the laws of 2008, 51 is amended to read as follows: 52 4. Rates. An electric corporation shall use net energy metering to 53 measure and charge for the net electricity supplied by the corporation 54 and provided to the corporation by a customer-generator, according to 55 the following requirements:S. 4304 3 1 (a) In the event that the amount of electricity supplied by the corpo- 2 ration during the billing period exceeds the amount of electricity 3 provided by a customer-generator, the corporation shall, after deduct- 4 ing, from the aggregate of unused credit for excess electricity gener- 5 ated by such customer-generator prior to such billing period, an amount 6 of credit equal to the amount of electricity supplied by the electric 7 corporation, to the extent such credit exists, and may thereafter charge 8 the customer-generator for the net electricity supplied, after deduction 9 of such credits, at the same rate per kilowatt hour applicable to 10 service provided to other customers in the same service class which do 11 not generate electricity on site. 12 (b) In the event that the amount of electricity produced by a custom- 13 er-generator during the billing period exceeds the amount of electricity 14 used by the customer-generator, the corporation shall (i) apply a credit 15 to the next bill for service to the customer-generator for the net elec- 16 tricity provided 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 on site, or (ii) at the option of the custom- 19 er-generator, credit such customer-generator with the amount of excess 20 kilowatt hours generated in excess of its use, and such credit shall be 21 aggregated indefinitely to be used as credit against charges incurred 22 pursuant to paragraph (a) of this subdivision. 23 (c) At the end of the year or annualized over the period that service 24 is supplied by means of net energy metering, the corporation shall (i) 25 promptly issue payment at its avoided cost to a residential or farm 26 service customer-generator for the value of any remaining credit for the 27 excess electricity produced during the year or over the annualized peri- 28 od by such customer-generator, or (ii) at the option of the customer- 29 generator, shall continue to aggregate such credits, at the same rate 30 per kilowatt hour applicable to the service provided to other customers 31 in the same service class which do not generate electricity on site, for 32 an indefinite period of time, and continue to allow use of such credit 33 to offset any liability of the customer-generator to the electric corpo- 34 ration during billing periods in which the electricity generated by the 35 customer-generator is less than that used by such customer. 36 (d) In the event that the corporation imposes charges based on kilo- 37 watt demand on customers who are in the same service class as the 38 customer-generator but which do not generate electricity on site, the 39 corporation may impose the same charges at the same rates to the custom- 40 er-generator, provided, however, that the kilowatt demand for such 41 demand charges is determined by the maximum measured kilowatt demand 42 actually supplied by the corporation to the customer-generator during 43 the billing period. 44 (e) In the event that a customer-generator elects to allow the aggre- 45 gation of any credits for excess electricity generated, the customer- 46 generator shall be entitled to an accounting of such credits once every 47 five years and upon such accounting, the electric corporation shall 48 promptly issue payment at its avoided cost to such customer-generator 49 for the value of any remaining credit for the excess electricity 50 produced by the customer-generator. 51 § 3. Subdivision (h) of section 1020-g of the public authorities law, 52 as amended by chapter 546 of the laws of 2011, is amended to read as 53 follows: 54 (h) To implement programs and policies designed to provide for the 55 interconnection of: (i) (A) solar electric generating equipment owned or 56 operated by residential customers, (B) farm waste electric generatingS. 4304 4 1 equipment owned or operated by customer-generators, (C) solar electric 2 generating equipment owned or operated by non-residential customers, (D) 3 micro-combined heat and power generating equipment owned, leased or 4 operated by residential customers, (E) fuel cell electric generating 5 equipment owned, leased or operated by residential customers, and (F) 6 micro-hydroelectric generating equipment owned, leased or operated by 7 customer-generators and for net energy metering consistent with section 8 sixty-six-j of the public service law, to increase the efficiency of 9 energy end use, to shift demand from periods of high demand to periods 10 of low demand and to facilitate the development of cogeneration; and 11 (ii) wind electric generating equipment owned or operated by customer- 12 generators and for net energy metering consistent with section sixty- 13 six-l of the public service law. Notwithstanding the provisions of 14 section one thousand twenty-s of this title, as amended by chapter three 15 hundred eighty-eight of the laws of two thousand eleven, the authority, 16 in its implementation of such programs and policies, shall be subject to 17 the provisions of subdivision four of section sixty-six-j and subdivi- 18 sion four of section sixty-six-l of the public service law; 19 § 4. This act shall take effect on the first of January next succeed- 20 ing the date on which it shall have become a law.
