NY State Senate Bill 2015-S2792

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to energy and telecommunications
Jan 29, 2015	referred to energy and telecommunications

2015-S2792 (ACTIVE) - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add §66-o, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3625
2013-2014: S3217
2017-2018: S3893
2019-2020: S3578

2015-S2792 (ACTIVE) - Summary

Authorizes virtual net energy metering; provides for the ownership and operation of energy generating equipment by municipalities and groups of farmers and businesses for their joint benefit; provides for the net energy metering of the electricity used by the members of such entities.

2015-S2792 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2792

TITLE OF BILL:

An act to amend the public service law, in relation to authorizing
virtual net energy metering

PURPOSE OR GENERAL IDEA OF BILL:

Virtual net metering creates the option of receiving energy credits on
electric meters in locations where a renewable energy project is not
currently, or may never be able to be installed

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 provides necessary definitions.

Section 2 provides for a virtual net metering interconnection by the
electric corporation. Also provides that customer-generator must enter
into corporation's net energy metering contract and comply with the
corporation's net energy metering schedule, standards and
requirements.

Section 3 provides that each electric corporation develop a model
contract with reasonable rates, terms, conditions and schedules. It
also provides that the customer-generator shall pay the costs of

installing a dedicated transformer or transformers, should it be
necessary in providing virtual net metering interconnection without
compromise of other customers' energy services. There shall be no
other fee or charge for the provision of virtual net energy metering
to customer-generators.

Section 4 provides for fair rate calculation and timely crediting (at
avoided cost) of energy created that exceeds customer-generator use.

Section 5 provides safety standards to be established by each electric
corporation necessary for safe and adequate service.

JUSTIFICATION:

Net metering has served as an important incentive for consumer
investment in solar. However, until recently, to capture net metering
credits, there needed to be a one-to-one relationship between the
solar generation system's meter and the meter associated with the
offsetting electricity load. Moreover, the two needed to be co-located
and tied to the same electric service account.

In order to lessen those restrictions, various states have tried
community-based net metering and remote net metering. However, even
those adaptations of the basic net metering principle require close
proximity of the generator to the customer. For large urban areas with
completely built environments, such proximity is difficult or
impossible to realize. Therefore, it is necessary to institute virtual
net metering.

Virtual Net Metering (VNM) is an electric tariff that allows for the
net-metering credits from a single solar generating system to be


distributed among multiple electric service accounts, such as a
high-density multiple dwelling unit (i.e., a high-rise apartment
building or high-density housing development).

Net metering has been around since the 1980s. Now, 43 states as well
as the District of Columbia allow net metering. VNM, however, is a
relatively new concept. Massachusetts, for example, has implemented a
"neighborhood net metering" program, which allows groups of at least
10 "neighbors" to spread the net metering credits from a single PV
system across the electric accounts of the participating neighbors.
Rhode Island offers VNM for certain customer classes such as local and
state governments. Neither, however, has implemented VNM across all
customer classes. California has taken a similar approach, piloting
the concept with a select group of customers, namely the multi-family
low-income segment. New Jersey and Pennsylvania have also instituted
VNM, leaving New York to be one of the last of the states with
significant urban areas to update its net metering policies.

PRIOR LEGISLATIVE HISTORY:

2013-2014: S.3217 - Referred to Energy and Telecommunications
2011-2012: S.3625 - Energy & Telecommunications
2009-2010: A.11200 - Died in Energy

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

Immediately upon enactment

2015-S2792 (ACTIVE) - Bill Text download pdf

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

                                  2792

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 29, 2015
                               ___________

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, in relation to authorizing
  virtual net energy metering

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

  Section  1.  The public service law is amended by adding a new section
66-o to read as follows:
  S 66-O. VIRTUAL NET ENERGY METERING. 1. DEFINITIONS. AS USED  IN  THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A)  "CUSTOMER-GENERATOR"  MEANS: (I) A CITY, TOWN, VILLAGE OR SPECIAL
DISTRICT WHICH OWNS OR OPERATES  ENERGY  GENERATING  EQUIPMENT  FOR  THE
BENEFIT  OF THE RESIDENTS THEREOF WHO ARE CUSTOMERS OF A SINGLE ELECTRIC
CORPORATION; (II) A GROUP OF NONRESIDENTIAL  CUSTOMERS  OF  AN  ELECTRIC
CORPORATION,  WHO HAVE ENTERED INTO AN AGREEMENT TO JOINTLY OWN OR OPER-
ATE ENERGY GENERATING EQUIPMENT; AND (III) A GROUP  OF  FARM  OPERATIONS
CUSTOMERS OF AN ELECTRIC CORPORATION, WHO HAVE ENTERED INTO AN AGREEMENT
TO JOINTLY OWN OR OPERATE ENERGY GENERATING EQUIPMENT.
  (B) "ENERGY GENERATING EQUIPMENT" MEANS FARM WASTE ELECTRIC GENERATING
EQUIPMENT,  FUEL CELL ELECTRIC GENERATING EQUIPMENT, MICRO-COMBINED HEAT
AND POWER GENERATING  EQUIPMENT,  SOLAR  ELECTRIC  GENERATING  EQUIPMENT
AND/OR WIND ELECTRIC GENERATING EQUIPMENT.
  (C)  "FARM  OPERATIONS  CUSTOMER"  MEANS  THE  CUSTOMER OF AN ELECTRIC
CORPORATION WHO USES ELECTRIC ENERGY IN HIS, HER OR ITS  FARM  OPERATION
AS  DEFINED  IN  SUBDIVISION  ELEVEN OF SECTION THREE HUNDRED ONE OF THE
AGRICULTURE AND MARKETS LAW.
  (D) "FARM WASTE ELECTRIC GENERATING EQUIPMENT"  MEANS  EQUIPMENT  THAT
GENERATES   ELECTRIC  ENERGY  FROM  BIOGAS  PRODUCED  BY  THE  ANAEROBIC
DIGESTION OF AGRICULTURAL  WASTE,  SUCH  AS  LIVESTOCK  MANURE,  FARMING
WASTES AND FOOD PROCESSING WASTES, THAT IS:
  (I) MANUFACTURED, INSTALLED AND OPERATED IN ACCORDANCE WITH APPLICABLE
GOVERNMENT AND INDUSTRY STANDARDS;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD06652-01-5

S. 2792                             2

  (II) CONNECTED TO THE ELECTRIC SYSTEM AND OPERATED IN CONJUNCTION WITH
AN ELECTRIC CORPORATION'S TRANSMISSION AND DISTRIBUTION FACILITIES;
  (III)  FUELED  AT  A  MINIMUM  OF NINETY PERCENT ON AN ANNUAL BASIS BY
BIOGAS PRODUCED FROM THE ANAEROBIC DIGESTION OF AGRICULTURAL WASTE  SUCH
AS LIVESTOCK MANURE MATERIALS, CROP RESIDUES AND FOOD PROCESSING WASTES;
AND
  (IV)  FUELED  BY BIOGAS GENERATED BY ANAEROBIC DIGESTION WITH AT LEAST
FIFTY PERCENT BY WEIGHT OF ITS FEEDSTOCK BEING LIVESTOCK MANURE  MATERI-
ALS ON AN ANNUAL BASIS.
  (E)  "FUEL  CELL  ELECTRIC  GENERATING EQUIPMENT" MEANS A SOLID OXIDE,
MOLTEN CARBONATE, PROTON EXCHANGE MEMBRANE OR PHOSPHORIC ACID FUEL  CELL
THAT IS MANUFACTURED, INSTALLED AND OPERATED IN ACCORDANCE WITH APPLICA-
BLE GOVERNMENT AND INDUSTRY STANDARDS, THAT IS CONNECTED TO THE ELECTRIC
SYSTEM  AND  OPERATED  IN PARALLEL WITH AN ELECTRIC CORPORATION'S TRANS-
MISSION AND DISTRIBUTION FACILITIES.
  (F) "MEMBER" MEANS ANY RESIDENT OF A MUNICIPALITY THAT IS A  CUSTOMER-
GENERATOR,  OR  ANY  MEMBER  OF  A GROUP OF ELECTRIC CUSTOMERS THAT IS A
CUSTOMER-GENERATOR.
  (G) "MICRO-COMBINED HEAT AND  POWER  GENERATING  EQUIPMENT"  MEANS  AN
INTEGRATED,  COGENERATING  BUILDING  HEATING AND ELECTRICAL POWER GENER-
ATION SYSTEM, OPERATING ON ANY FUEL AND OF ANY APPLICABLE  ENGINE,  FUEL
CELL  OR OTHER TECHNOLOGY THAT MAY WORK IN COMBINATION WITH SUPPLEMENTAL
OR  PARALLEL  CONVENTIONAL  HEATING  SYSTEMS,  THAT   IS   MANUFACTURED,
INSTALLED  AND  OPERATED  IN  ACCORDANCE  WITH APPLICABLE GOVERNMENT AND
INDUSTRY STANDARDS, THAT IS CONNECTED TO THE ELECTRIC SYSTEM  AND  OPER-
ATED  IN  CONJUNCTION  WITH  AN  ELECTRIC CORPORATION'S TRANSMISSION AND
DISTRIBUTION FACILITIES.
  (H) "NET ENERGY METER" MEANS METERS THAT MEASURE THE REVERSE  FLOW  OF
ELECTRICITY  TO REGISTER THE DIFFERENCE BETWEEN THE ELECTRICITY SUPPLIED
BY AN ELECTRIC CORPORATION TO THE MEMBERS OF  A  CUSTOMER-GENERATOR  AND
THE ELECTRICITY PROVIDED TO THE CORPORATION BY THAT CUSTOMER-GENERATOR.
  (I)  "NET ENERGY METERING" MEANS THE USE OF NET ENERGY METERS TO MEAS-
URE, DURING THE BILLING PERIOD APPLICABLE TO THE MEMBERS OF A  CUSTOMER-
GENERATOR,  THE NET AMOUNT OF ELECTRICITY SUPPLIED BY AN ELECTRIC CORPO-
RATION AND PROVIDED TO THE CORPORATION BY SUCH CUSTOMER-GENERATOR.
  (J) "SOLAR ELECTRIC GENERATING EQUIPMENT" MEANS A PHOTOVOLTAIC  SYSTEM
THAT IS MANUFACTURED, INSTALLED AND OPERATED IN ACCORDANCE WITH APPLICA-
BLE GOVERNMENT AND INDUSTRY STANDARDS, THAT IS CONNECTED TO THE ELECTRIC
SYSTEM AND OPERATED IN CONJUNCTION WITH AN ELECTRIC CORPORATION'S TRANS-
MISSION AND DISTRIBUTION FACILITIES.
  (K) "WIND ELECTRIC GENERATING EQUIPMENT" MEANS ONE OR MORE WIND GENER-
ATORS  THAT  ARE MANUFACTURED, INSTALLED AND OPERATED IN ACCORDANCE WITH
APPLICABLE GOVERNMENT AND INDUSTRY STANDARDS, THAT IS CONNECTED  TO  THE
ELECTRIC  SYSTEM AND OPERATED IN PARALLEL WITH AN ELECTRIC CORPORATION'S
TRANSMISSION AND DISTRIBUTION FACILITIES.
  2. INTERCONNECTION AND NET ENERGY METERING.  AN  ELECTRIC  CORPORATION
SHALL  PROVIDE  FOR  THE  INTERCONNECTION OF ENERGY GENERATING EQUIPMENT
OWNED OR OPERATED BY A CUSTOMER-GENERATOR AND FOR NET ENERGY METERING OF
THE MEMBERS OF SUCH CUSTOMER-GENERATOR, PROVIDED THAT THE  CUSTOMER-GEN-
ERATOR  ENTERS  INTO A NET ENERGY METERING CONTRACT WITH THE CORPORATION
OR COMPLIES WITH THE CORPORATION'S  NET  ENERGY  METERING  SCHEDULE  AND
COMPLIES  WITH  STANDARDS  AND REQUIREMENTS ESTABLISHED PURSUANT TO THIS
SECTION.
  3. CONDITIONS OF SERVICE. (A) ON OR  BEFORE  THREE  MONTHS  AFTER  THE
EFFECTIVE  DATE OF THIS SECTION, EACH ELECTRIC CORPORATION SHALL DEVELOP
A MODEL CONTRACT AND FILE A SCHEDULE  THAT  ESTABLISHES  CONSISTENT  AND

S. 2792                             3

REASONABLE  RATES,  TERMS  AND  CONDITIONS  FOR  NET  ENERGY METERING TO
MEMBERS OF CUSTOMER-GENERATORS, ACCORDING TO THE  REQUIREMENTS  OF  THIS
SECTION. THE COMMISSION SHALL RENDER A DECISION WITHIN THREE MONTHS FROM
THE DATE ON WHICH THE SCHEDULE IS FILED.
  (B)  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  AS  DETERMINED  BY THE ELECTRIC CORPORATION
SUBJECT TO REVIEW, UPON  REQUEST  OF  SUCH  CUSTOMER-GENERATOR,  BY  THE
DEPARTMENT.
  (C)  AN  ELECTRIC  CORPORATION  SHALL  IMPOSE  NO OTHER CHARGE OR FEE,
INCLUDING BACK-UP, STANDBY AND DEMAND CHARGES, FOR THE PROVISION OF  NET
ENERGY METERING TO THE MEMBERS OF A CUSTOMER-GENERATOR.
  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  TO  THE MEMBERS OF A CUSTOMER-GENERATOR, THE CORPORATION SHALL
CHARGE THE MEMBERS OF THE CUSTOMER-GENERATOR, ON A PRO-RATA  BASIS,  FOR
THE NET ELECTRICITY SUPPLIED AT THE SAME RATE PER KILOWATT HOUR APPLICA-
BLE  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  MEMBERS  OF THE CUSTOMER-GENERATOR, THE CORPORATION SHALL
APPLY A CREDIT, ON A PRO-RATA BASIS, TO THE NEXT BILLS  FOR  SERVICE  TO
THE  MEMBERS  OF THE CUSTOMER-GENERATOR FOR THE NET ELECTRICITY PROVIDED
AT THE SAME RATE PER KILOWATT HOUR APPLICABLE  TO  SERVICE  PROVIDED  TO
OTHER  CUSTOMERS  IN  THE SAME SERVICE CLASS WHICH DO NOT GENERATE ELEC-
TRICITY ON SITE.
  (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 COSTS, ON A PRO-RATA BASIS, TO THE
MEMBERS OF A CUSTOMER-GENERATOR 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.
  5. SAFETY STANDARDS. ON OR BEFORE THREE  MONTHS  AFTER  THE  EFFECTIVE
DATE  OF  THIS SECTION, EACH ELECTRIC CORPORATION SHALL ESTABLISH STAND-
ARDS THAT ARE NECESSARY FOR NET ENERGY METERING AND THE  INTERCONNECTION
OF  ENERGY  GENERATING  EQUIPMENT  TO ITS SYSTEM AND THAT THE COMMISSION
SHALL DETERMINE ARE NECESSARY FOR SAFE AND ADEQUATE SERVICE AND  FURTHER
THE PUBLIC POLICY SET FORTH IN THIS SECTION. SUCH STANDARDS MAY INCLUDE,
BUT SHALL NOT BE LIMITED TO:
  (A) EQUIPMENT NECESSARY TO ISOLATE AUTOMATICALLY THE ENERGY GENERATING
EQUIPMENT  FROM THE UTILITY SYSTEM FOR VOLTAGE AND FREQUENCY DEVIATIONS;
AND
  (B) A MANUAL LOCKABLE DISCONNECT SWITCH PROVIDED BY THE  CUSTOMER-GEN-
ERATOR  WHICH  SHALL  BE LOCATED ON THE OUTSIDE OF THE MEMBERS' PREMISES
AND EXTERNALLY ACCESSIBLE FOR THE PURPOSE OF ISOLATING THE ENERGY GENER-
ATING EQUIPMENT.
  S 2. This act shall take effect immediately.

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Senate Bill S2792

Sponsored By

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

2015-S2792 (ACTIVE) - Details

2015-S2792 (ACTIVE) - Summary

2015-S2792 (ACTIVE) - Sponsor Memo

2015-S2792 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2792

Share this bill

Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

2015-S2792 (ACTIVE) - Details

2015-S2792 (ACTIVE) - Summary

2015-S2792 (ACTIVE) - Sponsor Memo

2015-S2792 (ACTIVE) - Bill Text download pdf

Comments