NY State Assembly Bill 2015-A3096

Assembly Bill A3096

2015-2016 Legislative Session

Provides that credits for excess electricity generated by customer-generators subject to net energy metering may be carried over and used to offset electricity used

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Archive: Last Bill Status - On Floor Calendar

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	ordered to third reading cal.140 returned to assembly died in senate
Mar 04, 2015	referred to energy and telecommunications delivered to senate passed assembly
Feb 19, 2015	advanced to third reading cal.33
Feb 10, 2015	reported
Jan 22, 2015	referred to energy

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2015-A3096 (ACTIVE) - Details

See Senate Version of this Bill:: S2878
Law Section:: Public Service Law
Laws Affected:: Amd §§66-j & 66-l, Pub Serv L; amd §1020-g, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A10244
2011-2012: A5521, S5839
2013-2014: A5822, S2957
2017-2018: A5527, S2696
2019-2020: A4639, S3596
2021-2022: A5530, S3140
2023-2024: S4304

2015-A3096 (ACTIVE) - Summary

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.

2015-A3096 (ACTIVE) - Bill Text download pdf

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

                                  3096

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2015
                               ___________

Introduced by M. of A. ENGLEBRIGHT, RUSSELL -- read once and referred to
  the Committee on Energy

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:

  Section 1. Subdivision 4 of section 66-j of the public service law, as
amended by chapter 355 of the laws of 2009, paragraphs (b)  and  (c)  as
amended  by  chapter  494  of  the  laws  of 2014, is amended to read as
follows:
  4. Rates. An electric corporation shall use  net  energy  metering  to
measure  and  charge for the net electricity supplied by the corporation
and provided to the corporation by a  customer-generator,  according  to
these requirements:
  (a) In the event that the amount of electricity supplied by the corpo-
ration  during  the  billing  period  exceeds  the amount of electricity
provided by a customer-generator, the corporation shall,  AFTER  DEDUCT-
ING,  FROM  THE AGGREGATE OF UNUSED CREDIT FOR EXCESS ELECTRICITY GENER-
ATED BY SUCH CUSTOMER-GENERATOR PRIOR TO SUCH BILLING PERIOD, AN  AMOUNT
OF  CREDIT  EQUAL  TO THE AMOUNT OF ELECTRICITY SUPPLIED BY THE ELECTRIC
CORPORATION, TO THE EXTENT SUCH CREDIT EXISTS, AND MAY THEREAFTER charge
the customer-generator for the net electricity supplied, AFTER DEDUCTION
OF SUCH CREDITS, 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.
  (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 (I) 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06076-02-5

A. 3096                             2

service provided to other customers in the same service class  which  do
not  generate electricity onsite, OR (II) AT THE OPTION OF THE CUSTOMER-
GENERATOR, CREDIT SUCH CUSTOMER-GENERATOR  WITH  THE  AMOUNT  OF  EXCESS
KILOWATT  HOURS GENERATED IN EXCESS OF ITS USE, AND SUCH CREDIT SHALL BE
AGGREGATED INDEFINITELY TO BE USED AS CREDIT  AGAINST  CHARGES  INCURRED
PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION; except for micro-combined
heat and power or fuel cell customer-generators or farm waste generating
equipment customer-generators as described in subparagraph (ix) of para-
graph  (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  subpara-
graph  (ix) of paragraph (a) of subdivision one of this section shall be
treated 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  (I)
promptly issue payment at its avoided cost to the customer-generator, as
defined in subparagraph (i), (ii), (IV), (V) 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,  OR (II) AT THE OPTION OF THE
CUSTOMER-GENERATOR, SHALL CONTINUE TO AGGREGATE  SUCH  CREDITS,  AT  THE
SAME  RATE PER KILOWATT HOUR APPLICABLE TO THE SERVICE PROVIDED TO OTHER
CUSTOMERS IN THE SAME SERVICE CLASS WHICH DO NOT GENERATE ELECTRICITY ON
SITE, FOR AN INDEFINITE PERIOD OF TIME AND CONTINUE TO ALLOW USE OF SUCH
CREDIT TO OFFSET ANY LIABILITY OF THE CUSTOMER-GENERATOR TO THE ELECTRIC
CORPORATION DURING BILLING PERIODS IN WHICH THE ELECTRICITY GENERATED BY
THE CUSTOMER-GENERATOR IS LESS THAN THAT USED BY SUCH CUSTOMER.
  (d) In the event that the corporation imposes charges based  on  kilo-
watt  demand  on  customers  who  are  in  the same service class as the
customer-generator but which do not generate electricity  on  site,  the
corporation may impose the same charges at the same rates to the custom-
er-generator,  provided,  however,  that  the  kilowatt  demand for such
demand charges is determined by the  maximum  measured  kilowatt  demand
actually  supplied  by  the corporation to the customer-generator during
the billing period.
  (E) IN THE EVENT THAT A CUSTOMER-GENERATOR ELECTS TO ALLOW THE  AGGRE-
GATION   OF   ANY   CREDITS   FOR   EXCESS  ELECTRICITY  GENERATED,  THE
CUSTOMER-GENERATOR SHALL BE ENTITLED TO AN ACCOUNTING  OF  SUCH  CREDITS
ONCE EVERY FIVE YEARS AND UPON SUCH ACCOUNTING, THE ELECTRIC CORPORATION
SHALL PROMPTLY ISSUE PAYMENT AT ITS AVOIDED COST TO SUCH CUSTOMER-GENER-
ATOR, AS DEFINED IN SUBPARAGRAPH (I), (II), (IV) OR (V) OF PARAGRAPH (A)
OF SUBDIVISION ONE OF THIS SECTION, FOR THE VALUE OF ANY REMAINING CRED-
IT FOR THE EXCESS ELECTRICITY PRODUCED BY THE CUSTOMER-GENERATOR.
  S  2.  Subdivision  4  of  section  66-l of the public service law, as
amended by chapter 721 of the laws of 2006, paragraphs (b)  and  (c)  as
amended  and  paragraph (d) as added by chapter 483 of the laws of 2008,
is amended to read as follows:
  4. Rates. An electric corporation shall use  net  energy  metering  to
measure  and  charge for the net electricity supplied by the corporation
and provided to the corporation by a  customer-generator,  according  to
the following requirements:
  (a) In the event that the amount of electricity supplied by the corpo-
ration  during  the  billing  period  exceeds  the amount of electricity
provided by a customer-generator, the corporation shall,  AFTER  DEDUCT-

A. 3096                             3

ING,  FROM  THE AGGREGATE OF UNUSED CREDIT FOR EXCESS ELECTRICITY GENER-
ATED BY SUCH CUSTOMER-GENERATOR PRIOR TO SUCH BILLING PERIOD, AN  AMOUNT
OF  CREDIT  EQUAL  TO THE AMOUNT OF ELECTRICITY SUPPLIED BY THE ELECTRIC
CORPORATION, TO THE EXTENT SUCH CREDIT EXISTS, AND MAY THEREAFTER charge
the customer-generator for the net electricity supplied, AFTER DEDUCTION
OF  SUCH  CREDITS,  at  the  same  rate  per kilowatt hour applicable to
service provided to other customers in the same service class  which  do
not generate electricity on site.
  (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 (I) 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 on site, OR (II) AT THE OPTION OF  THE  CUSTOM-
ER-GENERATOR,  CREDIT  SUCH CUSTOMER-GENERATOR WITH THE AMOUNT OF EXCESS
KILOWATT HOURS GENERATED IN EXCESS OF ITS USE, AND SUCH CREDIT SHALL  BE
AGGREGATED  INDEFINITELY  TO  BE USED AS CREDIT AGAINST CHARGES INCURRED
PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION.
  (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 (I)
promptly issue payment at its avoided cost  to  a  residential  or  farm
service customer-generator for the value of any remaining credit for the
excess electricity produced during the year or over the annualized peri-
od   by   such   customer-generator,  OR  (II)  AT  THE  OPTION  OF  THE
CUSTOMER-GENERATOR, SHALL CONTINUE TO AGGREGATE  SUCH  CREDITS,  AT  THE
SAME  RATE PER KILOWATT HOUR APPLICABLE TO THE SERVICE PROVIDED TO OTHER
CUSTOMERS IN THE SAME SERVICE CLASS WHICH DO NOT GENERATE ELECTRICITY ON
SITE, FOR AN INDEFINITE PERIOD OF TIME, AND CONTINUE  TO  ALLOW  USE  OF
SUCH  CREDIT  TO  OFFSET  ANY LIABILITY OF THE CUSTOMER-GENERATOR TO THE
ELECTRIC CORPORATION DURING BILLING PERIODS  IN  WHICH  THE  ELECTRICITY
GENERATED  BY  THE  CUSTOMER-GENERATOR  IS  LESS  THAN THAT USED BY SUCH
CUSTOMER.
  (d) In the event that the corporation imposes charges based  on  kilo-
watt  demand  on  customers  who  are  in  the same service class as the
customer-generator but which do not generate electricity  on  site,  the
corporation may impose the same charges at the same rates to the custom-
er-generator,  provided,  however,  that  the  kilowatt  demand for such
demand charges is determined by the  maximum  measured  kilowatt  demand
actually  supplied  by  the corporation to the customer-generator during
the billing period.
  (E) IN THE EVENT THAT A CUSTOMER-GENERATOR ELECTS TO ALLOW THE  AGGRE-
GATION   OF   ANY   CREDITS   FOR   EXCESS  ELECTRICITY  GENERATED,  THE
CUSTOMER-GENERATOR SHALL BE ENTITLED TO AN ACCOUNTING  OF  SUCH  CREDITS
ONCE EVERY FIVE YEARS AND UPON SUCH ACCOUNTING, THE ELECTRIC CORPORATION
SHALL PROMPTLY ISSUE PAYMENT AT ITS AVOIDED COST TO SUCH CUSTOMER-GENER-
ATOR  FOR  THE  VALUE OF ANY REMAINING CREDIT FOR THE EXCESS ELECTRICITY
PRODUCED BY THE CUSTOMER-GENERATOR.
  S 3. Subdivision (h) of section 1020-g of the public authorities  law,
as  amended  by  chapter  546 of the laws of 2011, is amended to read as
follows:
  (h) To implement programs and policies designed  to  provide  for  the
interconnection of: (i) (A) solar electric generating equipment owned or
operated  by  residential  customers, (B) farm waste electric generating
equipment owned or operated by customer-generators, (C)  solar  electric
generating equipment owned or operated by non-residential customers, (D)

A. 3096                             4

micro-combined  heat  and  power  generating  equipment owned, leased or
operated by residential customers, (E)  fuel  cell  electric  generating
equipment  owned,  leased  or operated by residential customers, and (F)
micro-hydroelectric  generating  equipment  owned, leased or operated by
customer-generators and for net energy metering consistent with  section
sixty-six-j  of  the  public  service law, to increase the efficiency of
energy end use, to shift demand from periods of high demand  to  periods
of  low  demand  and  to facilitate the development of cogeneration; and
(ii) wind electric generating equipment owned or operated  by  customer-
generators  and  for  net energy metering consistent with section sixty-
six-l of the public  service  law.  NOTWITHSTANDING  THE  PROVISIONS  OF
SECTION ONE THOUSAND TWENTY-S OF THIS TITLE, AS AMENDED BY CHAPTER THREE
HUNDRED  EIGHTY-EIGHT OF THE LAWS OF TWO THOUSAND ELEVEN, THE AUTHORITY,
IN ITS IMPLEMENTATION OF SUCH PROGRAMS AND POLICIES, SHALL BE SUBJECT TO
THE PROVISIONS OF SUBDIVISION FOUR OF SECTION SIXTY-SIX-J  AND  SUBDIVI-
SION FOUR OF SECTION SIXTY-SIX-L OF THE PUBLIC SERVICE LAW;
  S  4. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

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Assembly Bill A3096

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ENGLEBRIGHT