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

                                  5430

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

Introduced  by  Sen. VALESKY -- 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 metering
  standards for municipal landfills and waste water treatment facilities

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

  Section  1.  The section heading of section 66-j of the public service
law, as amended by chapter 546 of the laws of 2011, is amended  to  read
as follows:
  Net energy metering for residential solar, farm waste, non-residential
solar  electric generating systems, micro-combined heat and power gener-
ating equipment, fuel cell electric generating equipment,  [and]  micro-
hydroelectric  generating equipment AND WASTE FUELED ELECTRIC GENERATING
EQUIPMENT AT MUNICIPAL LANDFILLS AND PUBLICLY OWNED TREATMENT WORKS.
  S 2. Subdivision 1 of section  66-j  of  the  public  service  law  is
amended  by  adding  three  new  paragraphs  (i), (j) and (k) to read as
follows:
  (I) "LANDFILL" MEANS A DISPOSAL FACILITY OR PART OF A  FACILITY  WHERE
SOLID  WASTE,  AS  DEFINED  IN 6 NYCRR 360-1.2(A)(1), IS PLACED IN OR ON
LAND, AND WHICH IS NOT A LAND TREATMENT FACILITY, A SURFACE IMPOUNDMENT,
OR AN INJECTION WELL, WHICH IS OWNED OR OPERATED BY A MUNICIPAL  GOVERN-
MENT  OR  BY  A PUBLIC PRIVATE PARTNERSHIP ESTABLISHED UNDER SECTION ONE
HUNDRED TWENTY-W OF THE GENERAL MUNICIPAL LAW.
  (J) "PUBLICLY OWNED TREATMENT WORKS" MEANS A FACILITY FOR THE  PURPOSE
OF  TREATING, NEUTRALIZING OR STABILIZING SEWAGE, INCLUDING TREATMENT OR
DISPOSAL PLANTS, THE NECESSARY INTERCEPTING, OUTFALL AND OUTLET  SEWERS,
PUMPING  STATIONS  INTEGRAL  TO  SUCH  PLANTS  OR  SEWERS, EQUIPMENT AND
FURNISHINGS THEREOF AND THEIR APPURTENANCES WHICH IS OWNED  OR  OPERATED
BY A MUNICIPAL GOVERNMENT OR BY A PUBLIC PRIVATE PARTNERSHIP ESTABLISHED
UNDER SECTION ONE HUNDRED TWENTY OF THE GENERAL MUNICIPAL LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11001-03-5
              

S. 5430                             2

  (K)  "WASTE FUELED ELECTRIC GENERATING EQUIPMENT" MEANS EQUIPMENT THAT
GENERATES  ELECTRIC  ENERGY  FROM  BIOGAS  PRODUCED  BY  THE   ANAEROBIC
DIGESTION  OF:   WASTE, REFUSE, HOUSEHOLD OR MIXED MUNICIPAL SOLID WASTE
IN  A  LANDFILL  GAS  RECOVERY  FACILITY,  AS   DEFINED   IN   6   NYCRR
360-1.2(B)(96),    WASTEWATER,   SLUDGE,   AS   DEFINED   IN   6   NYCRR
360-1.2(B)(155),  AND  DOMESTIC  SEWAGE,   AS   DEFINED   IN   6   NYCRR
360-1.2(B)(53), THAT IS:
  (I)  MANUFACTURED, INSTALLED, AND OPERATED IN ACCORDANCE WITH APPLICA-
BLE GOVERNMENT AND INDUSTRY STANDARDS;
  (II) CONNECTED TO THE ELECTRIC SYSTEM AND OPERATED IN CONJUNCTION WITH
AN ELECTRIC CORPORATION'S TRANSMISSION AND DISTRIBUTION FACILITIES;
  (III) OPERATED IN  COMPLIANCE  WITH  ANY  STANDARDS  AND  REQUIREMENTS
ESTABLISHED UNDER THIS SECTION;
  (IV)  FUELED  AT  A  MINIMUM  OF  NINETY PERCENT ON AN ANNUAL BASIS BY
BIOGAS PRODUCED FROM THE  ANAEROBIC  DIGESTION  OF  HOUSEHOLD  OR  MIXED
MUNICIPAL SOLID WASTE, SLUDGE, WASTEWATER, DOMESTIC SEWAGE, AGRICULTURAL
WASTE  SUCH AS LIVESTOCK MANURE MATERIALS, CROP RESIDUES, AND FOOD PROC-
ESSING WASTE;
  (V) OWNED AND OPERATED BY  A  MUNICIPAL  GOVERNMENT  OR  BY  A  PUBLIC
PRIVATE  PARTNERSHIP  ESTABLISHED  UNDER SECTION ONE HUNDRED TWENTY-W OF
THE GENERAL MUNICIPAL LAW.
  S 3. This act shall take effect immediately.