S T A T E O F N E W Y O R K
________________________________________________________________________
6957
I N S E N A T E
April 9, 2014
___________
Introduced by Sen. MAZIARZ -- 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, 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:
Section 1. Paragraph (a) of subdivision 1 of section 66-j of the
public service law, as amended by chapter 546 of the laws of 2011,
subparagraphs (iv) and (v) as separately amended and subparagraph (vi)
as added by chapter 530 of the laws of 2011, and subparagraphs (vii) and
(viii) as redesignated by chapter 318 of the laws of 2012, is amended to
read as follows:
(a) "Customer-generator" means: (i) a residential customer of an elec-
tric corporation, who owns [or], LEASES, operates, OR IS ENTITLED TO THE
OUTPUT FROM OR IS OTHERWISE SERVED BY solar electric generating equip-
ment located and used at his or her residence; (ii) a customer of an
electric corporation, who owns [or], LEASES, operates, OR IS ENTITLED TO
THE OUTPUT FROM OR IS OTHERWISE SERVED BY farm waste electric generating
equipment located and used at his or her "farm operation," as such term
is defined in subdivision eleven of section three hundred one of the
agriculture and markets law; (iii) a non-residential customer of an
electric corporation which owns [or], LEASES, operates, OR IS ENTITLED
TO THE OUTPUT FROM OR IS OTHERWISE SERVED BY solar electric generating
equipment located and used at [its] premises IT OWNS OR LEASES; (iv) a
residential customer of an electric corporation who owns, leases [or],
operates OR IS ENTITLED TO THE OUTPUT FROM OR IS OTHERWISE SERVED BY
micro-combined heat and power generating equipment located on the
customer's premises; (v) a residential customer of an electric corpo-
ration who owns, leases [or], operates OR IS ENTITLED TO THE OUTPUT FROM
OR IS OTHERWISE SERVED BY fuel cell generating equipment located on the
customer's premises; and (vi) a non-residential customer of an electric
corporation who owns, leases [or], operates OR IS ENTITLED TO THE OUTPUT
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.
LBD14449-01-4
S. 6957 2
and used at [the customer's] premises IT OWNS OR LEASES; (vii) a resi-
dential customer of an electric corporation, who owns [or], LEASES,
operates OR IS ENTITLED TO THE OUTPUT FROM OR IS OTHERWISE SERVED BY
micro-hydroelectric generating equipment located and used at his or her
residence; and (viii) a non-residential customer of an electric corpo-
ration which owns [or], LEASES, operates OR IS ENTITLED TO THE OUTPUT
FROM OR IS OTHERWISE SERVED BY micro-hydroelectric generating equipment
located and used at [its] premises IT OWNS OR LEASES.
S 2. Paragraph (c) of subdivision 3 of section 66-j of the public
service law, as amended by chapter 546 of the laws of 2011, subparagraph
(iii) as separately amended by chapter 530 of the laws of 2011, is
amended to read as follows:
(c) In the event that the electric corporation determines that it is
necessary to install a dedicated transformer or transformers, or other
equipment to protect the safety and adequacy of electric service
provided to other customers, a customer-generator shall pay the electric
corporation's actual costs of installing the transformer or transfor-
mers, or other equipment:
(i) In the case of a customer-generator who owns [or], LEASES, oper-
ates OR IS ENTITLED TO THE OUTPUT FROM OR IS OTHERWISE SERVED BY solar
electric generating equipment, micro-combined heat and power generating
equipment, fuel cell electric generating equipment or micro-hydroelec-
tric generating equipment located and used at his or her residence, or a
non-residential customer-generator who owns [or],LEASES, operates OR IS
ENTITLED TO THE OUTPUT FROM OR IS OTHERWISE SERVED BY solar electric
generating equipment with a rated capacity of not more than twenty-five
kilowatts, up to a maximum amount of three hundred fifty dollars;
(ii) In the case of a customer-generator who owns [or], operates farm
waste electric generating equipment located and used at his or her "farm
operation," up to a total amount of five thousand dollars per "farm
operation"; and
(iii) In the case of a non-residential customer-generator who owns
[or], LEASES, operates OR IS ENTITLED TO THE OUTPUT FROM OR IS OTHERWISE
SERVED BY solar electric generating equipment or fuel cell electric
generating equipment or micro-hydroelectric generating equipment 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 corpo-
ration subject to review, upon the request of such customer-generator,
by the department.
S 3. Paragraphs (e), (f) and (g) of subdivision 3 of section 66-j of
the public service law, paragraph (e) as amended by chapter 546 of the
laws of 2011, paragraph (f) as added by chapter 318 of the laws of 2012,
and paragraph (g) as added by chapter 200 of the laws of 2013, are
amended to read as follows:
(e) A customer who owns or operates a farm operation as such term is
defined in subdivision eleven of section three hundred one of the agri-
culture and markets law, or a non-residential customer-generator as
defined by subparagraph (iii) of paragraph (a) of subdivision one of
this section that [locates] OWNS, LEASES, OPERATES OR IS ENTITLED TO THE
OUTPUT FROM OR IS OTHERWISE SERVED BY solar electric generating equip-
ment or farm waste electric generating equipment with a net energy 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 property 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
S. 6957 3
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.
(f) A customer who owns or operates a farm operation as such term is
defined in subdivision eleven of section three hundred one of the agri-
culture and markets law, or a non-residential customer-generator as
defined by subparagraph (viii) of paragraph (a) of subdivision one of
this section that [locates] OWNS, LEASES, OPERATES OR IS ENTITLED TO THE
OUTPUT FROM OR IS OTHERWISE SERVED BY micro-hydroelectric generating
equipment with a net energy 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 property 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 deter-
mined 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 following month.
(g) A customer who owns or operates a farm operation as such term is
defined in subdivision eleven of section three hundred one of the agri-
culture and markets law, or a non-residential customer-generator as
defined by subparagraph (viii) of paragraph (a) of subdivision one of
this section that [locates] OWNS, LEASES, OPERATES OR IS ENTITLED TO THE
OUTPUT FROM OR IS OTHERWISE SERVED BY fuel cell electric generating
equipment with a net energy 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 property 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 deter-
mined 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 following month.
S 4. Paragraph (a) of subdivision 1 of section 66-l of the public
service law, as amended by chapter 483 of the laws of 2008, is amended
to read as follows:
(a) "Customer-generator" means a residential customer, farm service
customer or non-residential customer of an electric corporation, who
owns [or], LEASES, operates, OR IS ENTITLED TO THE OUTPUT FROM OR IS
OTHERWISE SERVED BY wind electric generating equipment.
S 5. This act shall take effect immediately.