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

                                  7576

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 19, 2015
                               ___________

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

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

              

A. 7576                             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.