S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6159--A

                            I N  S E N A T E

                               (PREFILED)

                             January 8, 2014
                               ___________

Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Energy and Telecommu-
  nications -- committee discharged, bill amended, ordered reprinted  as
  amended and recommitted to said committee

AN ACT to amend the public service law, in relation to net energy meter-
  ing  standards  for non-residential customers with farm waste electric
  generating equipment

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subparagraphs (vii) and (viii) of paragraph (a) of subdivi-
sion  1 of section 66-j of the public service law, subparagraph (vii) as
added and subparagraph (viii) as amended by chapter 546 of the  laws  of
2011 and as redesignated by chapter 318 of the laws of 2012, are amended
and a new subparagraph (ix) is added to read as follows:
  (vii)  a  residential customer of an electric corporation, who owns or
operates micro-hydroelectric generating equipment located  and  used  at
his  or  her  residence;  [and]  (viii) a non-residential customer of an
electric corporation which owns or operates micro-hydroelectric generat-
ing equipment located and used at its premises[.]; AND (IX) A  NON-RESI-
DENTIAL  CUSTOMER OF AN ELECTRIC CORPORATION WHICH OWNS OR OPERATES FARM
WASTE ELECTRIC GENERATING EQUIPMENT LOCATED AND USED AT ITS PREMISES.
  S 2. Subparagraph (iii) of paragraph (c) of subdivision 3  of  section
66-j  of  the  public service law, as separately amended by chapters 530
and 546 of the laws of 2011, is amended to read as follows:
  (iii) In the case of a non-residential customer-generator who owns  or
operates  solar  electric  generating  equipment  or  fuel cell electric
generating equipment or micro-hydroelectric generating equipment OR FARM
WASTE GENERATING EQUIPMENT AS DESCRIBED IN SUBPARAGRAPH  (IX)  OF  PARA-
GRAPH  (A)  OF SUBDIVISION ONE OF THIS SECTION, with a rated capacity of
more than twenty-five kilowatts located and used at its  premises,  such
cost  shall  be  as  determined  by  the electric corporation subject to
review, upon the request of such customer-generator, by the department.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD11916-03-4

S. 6159--A                          2

  S 3. Subdivision 3 of section  66-j  of  the  public  service  law  is
amended by adding a new paragraph (h) to read as follows:
  (H)  A  NON-RESIDENTIAL  CUSTOMER-GENERATOR AS DEFINED BY SUBPARAGRAPH
(IX) OF PARAGRAPH (A) OF SUBDIVISION ONE OF THIS  SECTION  THAT  LOCATES
FARM  WASTE  GENERATING  EQUIPMENT WITH A NET METER ON PROPERTY OWNED OR
LEASED BY SUCH CUSTOMER-GENERATOR MAY DESIGNATE ALL OR A PORTION OF  THE
NET  METERING CREDITS GENERATED BY SUCH EQUIPMENT TO METERS AT ANY PROP-
ERTY OWNED OR LEASED  BY  SUCH  CUSTOMER-GENERATOR  WITHIN  THE  SERVICE
TERRITORY    OF   THE   SAME   ELECTRIC   CORPORATION   TO   WHICH   THE
CUSTOMER-GENERATOR'S NET ENERGY  METERS  ARE  INTERCONNECTED  AND  BEING
WITHIN  THE  SAME LOAD ZONE AS DETERMINED BY THE LOCATION BASED MARGINAL
PRICE AS OF THE DATE OF INITIAL REQUEST  BY  THE  CUSTOMER-GENERATOR  TO
CONDUCT  NET METERING. THE ELECTRIC CORPORATION WILL CREDIT THE ACCOUNTS
OF THE CUSTOMER BY APPLYING ANY CREDITS TO THE HIGHEST USE METER  FIRST,
THEN SUBSEQUENT HIGHEST USE METERS UNTIL ALL SUCH CREDITS ARE ATTRIBUTED
TO THE CUSTOMER. ANY EXCESS CREDITS SHALL BE CARRIED OVER TO THE FOLLOW-
ING MONTH.
  S  4.  Paragraphs  (b) and (c) of subdivision 4 of section 66-j of the
public service law, as amended by chapter 355 of the laws of  2009,  are
amended to read as follows:
  (b)  In the event that the amount of electricity produced by a custom-
er-generator during the billing period exceeds the amount of electricity
used by the customer-generator, the corporation shall apply a credit  to
the  next  bill  for service to the customer-generator for the net elec-
tricity provided at the  same  rate  per  kilowatt  hour  applicable  to
service  provided  to other customers in the same service class which do
not generate electricity onsite,  except  for  micro-combined  heat  and
power  or  fuel cell customer-generators OR FARM WASTE GENERATING EQUIP-
MENT CUSTOMER-GENERATORS AS DESCRIBED IN SUBPARAGRAPH (IX) OF  PARAGRAPH
(A)  OF  SUBDIVISION  ONE  OF  THIS SECTION, who will be credited at the
corporation's avoided costs. The avoided cost credit provided to  micro-
combined  heat  and power or fuel cell customer-generators OR FARM WASTE
GENERATING EQUIPMENT CUSTOMER-GENERATORS AS  DESCRIBED  IN  SUBPARAGRAPH
(IX) OF PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION shall be treat-
ed  for  ratemaking  purposes as a purchase of electricity in the market
that is includable in commodity costs.
  (c) At the end of the year or annualized over the period that  service
is  supplied  by  means  of  net  energy metering, the corporation shall
promptly issue payment at its avoided cost to the customer-generator, as
defined in subparagraph (i) [or], (ii)  OR  (IX)  of  paragraph  (a)  of
subdivision  one  of this section, for the value of any remaining credit
for the excess electricity produced during the year or over the  annual-
ized period by the customer-generator.
  S 5. This act shall take effect immediately.