Bill Text: NY S05429 | 2013-2014 | General Assembly | Amended
Bill Title: Relates to net energy metering of electric generating facilities.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2014-01-17 - PRINT NUMBER 5429A [S05429 Detail]
Download: New_York-2013-S05429-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5429--A
2013-2014 Regular Sessions
I N S E N A T E
May 16, 2013
___________
Introduced by Sens. MAZIARZ, FELDER, PARKER, SAMPSON -- read twice and
ordered printed, and when printed to be committed to the Committee on
Energy and Telecommunications -- recommitted to the Committee on Ener-
gy and Telecommunications in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the public service law, the public authorities law and
the environmental conservation law, in relation to net metering of
electric generating facilities; to repeal sections 66-j and 66-l of
the public service law relating to net metering of certain residential
and non-residential electric generating systems; and to repeal section
66-k of the public service law and subdivision 10-a of section 1854 of
the public authorities law relating to sulfur dioxide trading credits
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Sections 66-j, 66-k and 66-l of the public service law are
2 REPEALED and a new section 66-j is added to read as follows:
3 S 66-J. NET ENERGY METERING FOR SOLAR, WIND, MICRO-HYDROELECTRIC,
4 MICRO-COMBINED HEAT AND POWER AND FUEL CELL ELECTRIC GENERATING EQUIP-
5 MENT. 1. DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS
6 SHALL HAVE THE FOLLOWING MEANINGS:
7 (A) "CUSTOMER-GENERATOR" MEANS: (I) A RESIDENTIAL CUSTOMER OF AN ELEC-
8 TRIC CORPORATION, WHO LOCATES AND USES SOLAR, WIND, MICRO-HYDROELECTRIC,
9 COMBINED HEAT AND POWER OR FUEL CELL ELECTRIC GENERATING EQUIPMENT AT
10 HIS OR HER PREMISES; (II) A FARM OPERATION CUSTOMER OF AN ELECTRIC
11 CORPORATION, WHICH LOCATES AND USES FARM WASTE OR WIND ELECTRIC GENERAT-
12 ING EQUIPMENT AT THE CUSTOMER'S FARM OPERATION, AS SUCH TERM IS DEFINED
13 IN SUBDIVISION ELEVEN OF SECTION THREE HUNDRED ONE OF THE AGRICULTURE
14 AND MARKETS LAW; AND (III) A NON-RESIDENTIAL CUSTOMER OF AN ELECTRIC
15 CORPORATION, WHICH LOCATES AND USES SOLAR, WIND, MICRO-HYDROELECTRIC OR
16 FUEL CELL ELECTRIC GENERATING EQUIPMENT AT ITS PREMISES.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04241-08-4
S. 5429--A 2
1 (B) "NET ENERGY METER" MEANS A METER THAT MEASURES THE REVERSE FLOW OF
2 ELECTRICITY TO REGISTER THE DIFFERENCE BETWEEN THE ELECTRICITY SUPPLIED
3 BY AN ELECTRIC CORPORATION TO THE CUSTOMER-GENERATOR AND THE ELECTRICITY
4 PROVIDED TO THE CORPORATION BY THAT CUSTOMER-GENERATOR.
5 (C) "NET ENERGY METERING" MEANS THE USE OF A NET ENERGY METER TO MEAS-
6 URE, DURING THE BILLING PERIOD APPLICABLE TO A CUSTOMER-GENERATOR, THE
7 NET AMOUNT OF ELECTRICITY SUPPLIED BY AN ELECTRIC CORPORATION AND
8 PROVIDED TO THE CORPORATION BY A CUSTOMER-GENERATOR FROM ELECTRIC GENER-
9 ATING EQUIPMENT THAT IS: (I) MANUFACTURED, INSTALLED, AND OPERATED IN
10 ACCORDANCE WITH APPLICABLE GOVERNMENT AND INDUSTRY STANDARDS, THAT IS
11 CONNECTED TO THE ELECTRIC SYSTEM AND OPERATED IN CONJUNCTION WITH AN
12 ELECTRIC CORPORATION'S TRANSMISSION AND DISTRIBUTION FACILITIES, AND
13 THAT IS OPERATED IN COMPLIANCE WITH ANY STANDARDS AND REQUIREMENTS
14 ESTABLISHED UNDER THIS SECTION; AND (II) MEETS THE REQUIREMENTS OF PARA-
15 GRAPH (D) OF THIS SUBDIVISION.
16 (D) (I) "SOLAR ELECTRIC GENERATING EQUIPMENT" MEANS A PHOTOVOLTAIC
17 SYSTEM THAT: (A) IN THE CASE OF A RESIDENTIAL CUSTOMER, HAS A RATED
18 CAPACITY OF NOT MORE THAN TWENTY-FIVE KILOWATTS; AND (B) IN THE CASE OF
19 A NON-RESIDENTIAL CUSTOMER, HAS A RATED CAPACITY OF NOT MORE THAN TWO
20 THOUSAND KILOWATTS.
21 (II) "FARM WASTE ELECTRIC GENERATING EQUIPMENT" MEANS EQUIPMENT
22 LOCATED AT A FARM OPERATION THAT GENERATES ELECTRIC ENERGY FROM BIOGAS
23 PRODUCED BY THE ANAEROBIC DIGESTION OF AGRICULTURAL WASTE, SUCH AS LIVE-
24 STOCK MANURE, FARMING WASTES AND FOOD PROCESSING WASTES WITH A RATED
25 CAPACITY OF NOT MORE THAN ONE THOUSAND KILOWATTS, THAT IS: (A) FUELED AT
26 A MINIMUM OF NINETY PERCENT ON AN ANNUAL BASIS BY BIOGAS PRODUCED FROM
27 THE ANAEROBIC DIGESTION OF AGRICULTURAL WASTE SUCH AS LIVESTOCK MANURE
28 MATERIALS, FARMING WASTE, CROP RESIDUES, AND FOOD PROCESSING WASTE; AND
29 (B) FUELED BY BIOGAS GENERATED BY ANAEROBIC DIGESTION WITH AT LEAST
30 FIFTY PERCENT BY WEIGHT OF ITS FEEDSTOCK BEING LIVESTOCK MANURE MATERI-
31 ALS ON AN ANNUAL BASIS.
32 (III) "WIND ELECTRIC GENERATING EQUIPMENT" MEANS A WIND GENERATION
33 SYSTEM THAT: (A) IN THE CASE OF A RESIDENTIAL CUSTOMER, HAS A RATED
34 CAPACITY OF NOT MORE THAN TWENTY-FIVE KILOWATTS; (B) IN THE CASE OF A
35 FARM OPERATION CUSTOMER, HAS A RATED CAPACITY OF NOT MORE THAN FIVE
36 HUNDRED KILOWATTS, EXCEPT THAT A FARM OPERATION CUSTOMER THAT IS ALSO A
37 NON-RESIDENTIAL CUSTOMER MAY NET METER NON-RESIDENTIAL WIND GENERATING
38 ELECTRIC EQUIPMENT AS DEFINED IN CLAUSE (C) OF THIS SUBPARAGRAPH; AND
39 (C) IN THE CASE OF A NON-RESIDENTIAL CUSTOMER, HAS A RATED CAPACITY OF
40 NOT MORE THAN TWO THOUSAND KILOWATTS.
41 (IV) "MICRO-HYDROELECTRIC GENERATING EQUIPMENT" MEANS A HYDROELECTRIC
42 SYSTEM THAT: (A) IN THE CASE OF A RESIDENTIAL CUSTOMER, HAS A RATED
43 CAPACITY OF NOT MORE THAN TWENTY-FIVE KILOWATTS; AND (B) IN THE CASE OF
44 A NON-RESIDENTIAL CUSTOMER, HAS A RATED CAPACITY OF NOT MORE THAN TWO
45 THOUSAND KILOWATTS.
46 (V) "MICRO-COMBINED HEAT AND POWER GENERATING EQUIPMENT" MEANS EQUIP-
47 MENT THAT IS AN INTEGRATED, COGENERATING RESIDENTIAL BUILDING HEATING
48 AND ELECTRICAL POWER GENERATION SYSTEM, OPERATING ON ANY FUEL AND OF ANY
49 APPLICABLE ENGINE, FUEL CELL, OR OTHER TECHNOLOGY, WITH A RATED CAPACITY
50 OF AT LEAST ONE KILOWATT AND NOT MORE THAN TEN KILOWATTS ELECTRIC AND
51 ANY THERMAL OUTPUT THAT AT FULL LOAD HAS A DESIGN TOTAL FUEL USE EFFI-
52 CIENCY IN THE PRODUCTION OF HEAT AND ELECTRICITY OF NOT LESS THAN EIGHTY
53 PERCENT, AND ANNUALLY PRODUCES AT LEAST TWO THOUSAND KILOWATT HOURS OF
54 USEFUL ENERGY IN THE FORM OF ELECTRICITY THAT MAY WORK IN COMBINATION
55 WITH SUPPLEMENTAL OR PARALLEL CONVENTIONAL HEATING SYSTEMS.
S. 5429--A 3
1 (VI) "FUEL CELL ELECTRIC GENERATING EQUIPMENT" MEANS EQUIPMENT THAT
2 IS: (A) IN THE CASE OF A RESIDENTIAL CUSTOMER, A SOLID OXIDE, MOLTEN
3 CARBONATE, PROTON EXCHANGE MEMBRANE OR PHOSPHORIC ACID FUEL CELL WITH A
4 COMBINED RATED CAPACITY OF NOT MORE THAN TEN KILOWATTS; AND (B) IN THE
5 CASE OF A NON-RESIDENTIAL CUSTOMER, A SOLID OXIDE, MOLTEN CARBONATE,
6 PROTON EXCHANGE MEMBRANE OR PHOSPHORIC ACID FUEL CELL WITH A COMBINED
7 RATED CAPACITY OF NOT MORE THAN ONE THOUSAND FIVE HUNDRED KILOWATTS.
8 2. INTERCONNECTION AND NET ENERGY METERING. AN ELECTRIC CORPORATION
9 SHALL PROVIDE FOR THE INTERCONNECTION OF SOLAR, WIND, FARM WASTE,
10 MICRO-HYDROELECTRIC, MICRO-COMBINED HEAT AND POWER, AND FUEL CELL ELEC-
11 TRIC GENERATING EQUIPMENT BY A CUSTOMER-GENERATOR AND FOR NET ENERGY
12 METERING, PROVIDED THAT THE CUSTOMER-GENERATOR ENTERS INTO A NET ENERGY
13 METERING CONTRACT WITH THE CORPORATION OR COMPLIES WITH THE CORPO-
14 RATION'S NET ENERGY METERING SCHEDULE AND COMPLIES WITH STANDARDS AND
15 REQUIREMENTS ESTABLISHED UNDER THIS SECTION.
16 3. CONDITIONS OF SERVICE. (A) EACH ELECTRIC CORPORATION SHALL MAKE
17 AVAILABLE TO CUSTOMER-GENERATORS A MODEL CONTRACT AND SCHEDULES FILED
18 WITH AND APPROVED BY THE COMMISSION THAT ESTABLISH CONSISTENT AND
19 REASONABLE RATES, TERMS AND CONDITIONS FOR NET ENERGY METERING TO
20 CUSTOMER-GENERATORS ON A FIRST COME, FIRST SERVED BASIS, UNTIL THE TOTAL
21 RATED GENERATING CAPACITY FOR SOLAR, WIND, MICRO-HYDROELECTRIC, FARM
22 WASTE, MICRO-COMBINED HEAT AND POWER, AND FUEL CELL ELECTRIC GENERATING
23 EQUIPMENT LOCATED AND USED BY CUSTOMER-GENERATORS IN THE CORPORATION'S
24 SERVICE AREA IS EQUIVALENT TO ONE AND THREE-TENTHS PERCENT OF THE CORPO-
25 RATION'S ELECTRIC DEMAND FOR THE YEAR TWO THOUSAND FIVE, AS DETERMINED
26 BY THE DEPARTMENT.
27 (B) NOTHING IN THIS SUBDIVISION SHALL PROHIBIT A CORPORATION FROM
28 PROVIDING NET ENERGY METERING TO ADDITIONAL CUSTOMER-GENERATORS. THE
29 COMMISSION SHALL HAVE THE AUTHORITY, AFTER JANUARY FIRST, TWO THOUSAND
30 FOURTEEN, TO INCREASE THE PERCENT LIMITS IF IT DETERMINES THAT ADDI-
31 TIONAL NET ENERGY METERING IS IN THE PUBLIC INTEREST.
32 (C) IN THE EVENT THAT THE ELECTRIC CORPORATION DETERMINES THAT IT IS
33 NECESSARY TO INSTALL A DEDICATED TRANSFORMER OR TRANSFORMERS, OR OTHER
34 EQUIPMENT TO PROTECT THE SAFETY AND ADEQUACY OF ELECTRIC SERVICE
35 PROVIDED TO OTHER CUSTOMERS, A CUSTOMER-GENERATOR SHALL PAY THE ELECTRIC
36 CORPORATION'S ACTUAL COSTS OF INSTALLING THE TRANSFORMER OR TRANSFOR-
37 MERS, OR OTHER EQUIPMENT:
38 (I) IN THE CASE OF A RESIDENTIAL CUSTOMER-GENERATOR WHO LOCATES AND
39 USES AT HIS OR HER PREMISES SOLAR, WIND, MICRO-HYDROELECTRIC, MICRO-COM-
40 BINED HEAT OR POWER OR FUEL CELL ELECTRIC GENERATING EQUIPMENT, OR A
41 NON-RESIDENTIAL CUSTOMER-GENERATOR WHICH LOCATES AND USES AT ITS PREM-
42 ISES SOLAR, WIND, MICRO-HYDROELECTRIC OR FUEL CELL ELECTRIC GENERATING
43 EQUIPMENT WITH A RATED CAPACITY OF NOT MORE THAN TWENTY-FIVE KILOWATTS,
44 UP TO A MAXIMUM AMOUNT OF THREE HUNDRED FIFTY DOLLARS;
45 (II) IN THE CASE OF A FARM OPERATION CUSTOMER-GENERATOR WHO LOCATES
46 AND USES FARM WASTE OR WIND ELECTRIC GENERATING EQUIPMENT AT THE CUSTOM-
47 ER'S FARM OPERATION, UP TO A TOTAL AMOUNT OF FIVE THOUSAND DOLLARS; AND
48 (III) IN THE CASE OF A NON-RESIDENTIAL CUSTOMER-GENERATOR WHO LOCATES
49 AND USES SOLAR, WIND, MICRO-HYDROELECTRIC, OR FUEL CELL ELECTRIC GENER-
50 ATING EQUIPMENT WITH A RATED CAPACITY OF MORE THAN TWENTY-FIVE KILOWATTS
51 AT ITS PREMISES, SUCH COST SHALL BE AS DETERMINED BY THE ELECTRIC CORPO-
52 RATION SUBJECT TO REVIEW, UPON THE REQUEST OF SUCH CUSTOMER-GENERATOR,
53 BY THE DEPARTMENT.
54 (D) AN ELECTRIC CORPORATION SHALL IMPOSE NO OTHER CHARGE OR FEE,
55 INCLUDING BACK-UP, STAND BY AND DEMAND CHARGES, FOR THE PROVISION OF NET
S. 5429--A 4
1 ENERGY METERING TO A CUSTOMER-GENERATOR, EXCEPT AS PROVIDED IN PARA-
2 GRAPH (D) OF SUBDIVISION FOUR OF THIS SECTION.
3 (E) A FARM OPERATION CUSTOMER-GENERATOR OR A NON-RESIDENTIAL SOLAR,
4 WIND OR MICRO-HYDROELECTRIC CUSTOMER-GENERATOR THAT LOCATES AND USES
5 ELECTRIC GENERATING EQUIPMENT WITH A NET ENERGY METER ON PROPERTY OWNED
6 OR LEASED BY SUCH CUSTOMER-GENERATOR MAY DESIGNATE ALL OR A PORTION OF
7 THE NET METERING CREDITS GENERATED BY SUCH EQUIPMENT TO METERS AT ANY
8 PROPERTY OWNED OR LEASED BY SUCH CUSTOMER-GENERATOR WITHIN THE SERVICE
9 TERRITORY OF THE SAME ELECTRIC CORPORATION TO WHICH THE
10 CUSTOMER-GENERATOR'S NET ENERGY METERS ARE INTERCONNECTED AND BEING
11 WITHIN THE SAME LOAD ZONE AS DETERMINED BY THE LOCATION BASED MARGINAL
12 PRICE AS OF THE DATE OF INITIAL REQUEST BY THE CUSTOMER-GENERATOR TO
13 CONDUCT NET METERING. THE ELECTRIC CORPORATION WILL CREDIT THE ACCOUNTS
14 OF THE CUSTOMER BY APPLYING ANY CREDITS TO THE HIGHEST USE METER FIRST,
15 THEN SUBSEQUENT HIGHEST USE METERS UNTIL ALL SUCH CREDITS ARE ATTRIBUTED
16 TO THE CUSTOMER. ANY EXCESS CREDITS SHALL BE CARRIED OVER TO THE FOLLOW-
17 ING MONTH.
18 4. RATES. AN ELECTRIC CORPORATION SHALL USE NET ENERGY METERING TO
19 MEASURE AND CHARGE FOR THE NET ELECTRICITY SUPPLIED BY THE CORPORATION
20 AND PROVIDED TO THE CORPORATION BY A CUSTOMER-GENERATOR, ACCORDING TO
21 THESE REQUIREMENTS:
22 (A) IN THE EVENT THAT THE AMOUNT OF ELECTRICITY SUPPLIED BY THE CORPO-
23 RATION DURING THE BILLING PERIOD EXCEEDS THE AMOUNT OF ELECTRICITY
24 PROVIDED BY A CUSTOMER-GENERATOR, THE CORPORATION SHALL CHARGE THE
25 CUSTOMER-GENERATOR FOR THE NET ELECTRICITY SUPPLIED AT THE SAME RATE PER
26 KILOWATT HOUR APPLICABLE TO SERVICE PROVIDED TO OTHER CUSTOMERS IN THE
27 SAME SERVICE CLASS WHICH DO NOT GENERATE ELECTRICITY ONSITE.
28 (B) IN THE EVENT THAT THE AMOUNT OF ELECTRICITY PRODUCED BY A CUSTOM-
29 ER-GENERATOR DURING THE BILLING PERIOD EXCEEDS THE AMOUNT OF ELECTRICITY
30 USED BY THE CUSTOMER-GENERATOR, THE CORPORATION SHALL APPLY A CREDIT TO
31 THE NEXT BILL FOR SERVICE TO THE CUSTOMER-GENERATOR FOR THE NET ELEC-
32 TRICITY PROVIDED AT THE SAME RATE PER KILOWATT HOUR APPLICABLE TO
33 SERVICE PROVIDED TO OTHER CUSTOMERS IN THE SAME SERVICE CLASS WHICH DO
34 NOT GENERATE ELECTRICITY ONSITE, EXCEPT FOR MICRO-COMBINED HEAT AND
35 POWER OR FUEL CELL CUSTOMER-GENERATORS, WHO WILL BE CREDITED AT THE
36 CORPORATION'S AVOIDED COSTS. THE AVOIDED COST CREDIT PROVIDED TO MICRO-
37 COMBINED HEAT AND POWER OR FUEL CELL CUSTOMER-GENERATORS SHALL BE TREAT-
38 ED FOR RATEMAKING PURPOSES AS A PURCHASE OF ELECTRICITY IN THE MARKET
39 THAT IS INCLUDABLE IN COMMODITY COSTS.
40 (C) AT THE END OF THE YEAR OR ANNUALIZED OVER THE PERIOD THAT SERVICE
41 IS SUPPLIED BY MEANS OF NET ENERGY METERING, THE CORPORATION SHALL
42 PROMPTLY ISSUE PAYMENT AT ITS AVOIDED COST TO A RESIDENTIAL SOLAR, WIND
43 OR MICRO-HYDROELECTRIC CUSTOMER-GENERATOR OR A FARM OPERATION CUSTOMER-
44 GENERATOR FOR THE VALUE OF ANY REMAINING CREDIT FOR THE EXCESS ELECTRIC-
45 ITY PRODUCED DURING THE YEAR OR OVER THE ANNUALIZED PERIOD BY THE
46 CUSTOMER-GENERATOR.
47 (D) IN THE EVENT THAT THE CORPORATION IMPOSES CHARGES BASED ON
48 KILO-WATT DEMAND ON CUSTOMERS WHO ARE IN THE SAME SERVICE CLASS AS THE
49 CUSTOMER-GENERATOR BUT WHICH DO NOT GENERATE ELECTRICITY ON SITE, THE
50 CORPORATION MAY IMPOSE THE SAME CHARGES AT THE SAME RATES TO THE CUSTOM-
51 ER-GENERATOR, PROVIDED, HOWEVER, THAT THE KILOWATT DEMAND FOR SUCH
52 DEMAND CHARGES IS DETERMINED BY THE MAXIMUM MEASURED KILOWATT DEMAND
53 ACTUALLY SUPPLIED BY THE CORPORATION TO THE CUSTOMER-GENERATOR DURING
54 THE BILLING PERIOD.
55 5. SAFETY STANDARDS. (A) EACH ELECTRIC CORPORATION SHALL ESTABLISH
56 STANDARDS THAT ARE NECESSARY FOR THE INTERCONNECTION OF ELECTRIC GENER-
S. 5429--A 5
1 ATING EQUIPMENT NET METERED BY CUSTOMER-GENERATORS TO ITS SYSTEM AND
2 THAT THE COMMISSION SHALL DETERMINE ARE NECESSARY FOR SAFE AND ADEQUATE
3 SERVICE AND FURTHER THE PUBLIC POLICY SET FORTH IN THIS SECTION. SUCH
4 STANDARDS MAY INCLUDE BUT SHALL NOT BE LIMITED TO:
5 (I) EQUIPMENT NECESSARY TO ISOLATE AUTOMATICALLY THE ELECTRIC GENERAT-
6 ING EQUIPMENT NET METERED BY CUSTOMER-GENERATORS FROM THE UTILITY SYSTEM
7 FOR VOLTAGE AND FREQUENCY DEVIATIONS; AND
8 (II) A MANUAL LOCKABLE DISCONNECT SWITCH PROVIDED BY THE CUSTOMER-GEN-
9 ERATOR WHICH SHALL BE LOCATED ON THE OUTSIDE OF THE CUSTOMER'S PREMISES
10 AND EXTERNALLY ACCESSIBLE FOR THE PURPOSE OF ISOLATING ELECTRIC GENERAT-
11 ING EQUIPMENT.
12 (B) UPON ITS OWN MOTION OR UPON A COMPLAINT, THE COMMISSION, OR ITS
13 DESIGNATED REPRESENTATIVE, MAY INVESTIGATE AND MAKE A DETERMINATION AS
14 TO THE REASONABLENESS AND NECESSITY OF THE STANDARDS OR RESPONSIBILITY
15 FOR COMPLIANCE WITH THE STANDARDS.
16 (C) AN ELECTRIC CORPORATION MAY NOT REQUIRE A RESIDENTIAL OR FARM
17 OPERATION CUSTOMER-GENERATOR TO COMPLY WITH ADDITIONAL SAFETY OR
18 PERFORMANCE STANDARDS, PERFORM OR PAY FOR ADDITIONAL TESTS, OR PURCHASE
19 ADDITIONAL LIABILITY INSURANCE PROVIDED THAT THE CUSTOMER-GENERATOR'S
20 NET METERED ELECTRIC GENERATING EQUIPMENT MEETS THE SAFETY STANDARDS
21 ESTABLISHED PURSUANT TO THIS SUBDIVISION.
22 (D) IN THE EVENT THAT THE TOTAL RATED GENERATING CAPACITY OF FARM
23 WASTE AND FARM WIND ELECTRIC GENERATING EQUIPMENT THAT PROVIDES ELEC-
24 TRICITY TO AN ELECTRIC CORPORATION THROUGH A LOCAL FEEDER LINE EXCEEDS
25 TWENTY PERCENT OF THE RATED CAPACITY OF THE LOCAL FEEDER LINE, THE ELEC-
26 TRIC CORPORATION MAY REQUIRE THE CUSTOMER-GENERATOR TO COMPLY WITH
27 REASONABLE MEASURES TO ENSURE THE SAFETY OF THAT LOCAL FEEDER LINE.
28 (E) AN ELECTRIC CORPORATION MAY REQUIRE A FARM OPERATION CUSTOMER-GEN-
29 ERATOR OR A NON-RESIDENTIAL SOLAR, WIND, MICRO-HYDROELECTRIC OR FUEL
30 CELL CUSTOMER-GENERATOR WITH A RATED CAPACITY OF MORE THAN TWENTY-FIVE
31 KILOWATTS THAT PROVIDES ELECTRICITY TO THE ELECTRIC CORPORATION THROUGH
32 A LOCAL FEEDER LINE TO COMPLY WITH REASONABLE MEASURES TO ENSURE THE
33 SAFETY OF THAT LOCAL FEEDER LINE.
34 6. ELECTRIC RESTRUCTURING. NOTWITHSTANDING THE PROVISIONS OF THIS
35 SECTION, INCLUDING, BUT NOT LIMITED TO PARAGRAPH (B) OF SUBDIVISION
36 THREE OF THIS SECTION, A CUSTOMER-GENERATOR SHALL COMPLY WITH ANY APPLI-
37 CABLE DETERMINATIONS OF THE COMMISSION RELATING TO RESTRUCTURING OF THE
38 ELECTRIC INDUSTRY.
39 7. SEVERABILITY OF PROVISIONS. THE PROVISIONS OF THIS SECTION SHALL BE
40 SEVERABLE AND IF THE APPLICATION OF ANY CLAUSE, SENTENCE, PARAGRAPH,
41 SUBDIVISION, SECTION, OR PART THEREOF TO ANY PERSON OR CIRCUMSTANCE
42 SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE INVALID,
43 SUCH JUDGMENT SHALL NOT NECESSARILY AFFECT, IMPAIR, OR INVALIDATE THE
44 APPLICATION OF ANY SUCH CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION,
45 SECTION, PART OR REMAINDER THEREOF, AS THE CASE MAY BE, TO ANY OTHER
46 PERSON, CIRCUMSTANCE, BUT SHALL BE CONFINED IN ITS OPERATION TO THE
47 CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION, SECTION OR PART THEREOF
48 DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH SUCH JUDGMENT SHALL HAVE
49 BEEN RENDERED.
50 S 2. Subdivision (h) of section 1020-g of the public authorities law,
51 as amended by chapter 546 of the laws of 2011, is amended to read as
52 follows:
53 (h) To implement programs and policies designed to provide for the
54 interconnection AND NET METERING of[: (i) (A) solar] electric generating
55 equipment [owned or operated by residential customers, (B) farm waste
56 electric generating equipment owned or operated by customer-generators,
S. 5429--A 6
1 (C) solar electric generating equipment owned or operated by non-resi-
2 dential customers, (D) micro-combined heat and power generating equip-
3 ment owned, leased or operated by residential customers, (E) fuel cell
4 electric generating equipment owned, leased or operated by residential
5 customers, and (F) micro-hydroelectric generating equipment owned,
6 leased or operated by customer-generators and for net energy metering]
7 consistent with section sixty-six-j of the public service law, to
8 increase the efficiency of energy end use, to shift demand from periods
9 of high demand to periods of low demand and to facilitate the develop-
10 ment of cogeneration[; and (ii) wind electric generating equipment owned
11 or operated by customer-generators and for net energy metering consist-
12 ent with section sixty-six-l of the public service law].
13 S 3. Section 1020-cc of the public authorities law, as amended by
14 section 11 of part A of chapter 173 of the laws of 2013, is amended to
15 read as follows:
16 S 1020-cc. Authority subject to certain provisions contained in the
17 state finance law, the public service law, the social services law and
18 the general municipal law. 1. All contracts of the authority shall be
19 subject to the provisions of the state finance law relating to contracts
20 made by the state. The authority shall also establish rules and regu-
21 lations with respect to providing to its residential gas, electric and
22 steam utility customers those rights and protections provided in article
23 two and sections one hundred seventeen and one hundred eighteen of the
24 public service law and section one hundred thirty-one-s of the social
25 services law. The authority shall conform to any safety standards
26 regarding manual lockable disconnect switches for solar electric gener-
27 ating equipment established by the public service commission pursuant to
28 subparagraph (ii) of paragraph (a) of subdivision five [and subparagraph
29 (ii) of paragraph (a) of subdivision five-a] of section sixty-six-j of
30 the public service law. The authority shall let contracts for
31 construction or purchase of supplies, materials, or equipment pursuant
32 to section one hundred three and paragraph (e) of subdivision four of
33 section one hundred twenty-w of the general municipal law.
34 2. The authority and service provider shall provide to the state comp-
35 troller on March thirty-first and September thirtieth of each year a
36 report documenting each contract in excess of two hundred fifty thousand
37 dollars per year entered into with a third party and related to manage-
38 ment and operation services associated with the authority's electric
39 transmission and distribution system, including the name of the third
40 party, the contract term and a description of services or goods to be
41 procured, and post such report on each of their websites. All contracts
42 entered into between the service provider and third parties are not
43 subject to the requirements of subdivision one of this section.
44 S 4. Subdivision 3 of section 19-0921 of the environmental conserva-
45 tion law, as added by chapter 36 of the laws of 2000, is amended to read
46 as follows:
47 3. The commissioner shall make a written report to the legislature
48 upon his finding that a Federal law has been enacted that will result in
49 at least a fifty percent reduction in the emissions of SO2[, as defined
50 in section sixty-six-k of the public service law,] by electric generat-
51 ing sources pursuant to title four of the Federal Clean Air Act after
52 full implementation.
53 S 5. Subdivision 10-a of section 1854 of the public authorities law is
54 REPEALED.
55 S 6. This act shall take effect immediately.
