S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    597
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced by M. of A. PAULIN, SCHIMMINGER, CAHILL, FAHY, LIFTON, SIMON,
   OTIS, GOTTFRIED, CRESPO, CROUCH, BARRETT, GALEF, WALKER -- Multi-Spon-
   sored  by  -- M. of A. LAWRENCE, LOPEZ, MAGEE, McLAUGHLIN -- read once
   and referred to the Committee on Energy
 
 AN ACT to direct the public service commission to issue an order govern-
   ing the equitable sharing of  interconnection  costs  for  distributed
   generation resources
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 1. No later than 365 days after the effective date of  this
 act,  the  public  service commission shall issue an order governing the
 equitable sharing of interconnection costs where two or more distributed
 generation resources substantially utilize the same dedicated equipment,
 including but not limited to dedicated electric cables, wires, circuits,
 transformers and substations,  which  but  for  the  operation  of  such
 resources would not have been installed by an electric corporation.
   2.   For   the  purposes  of  this  section,  "distributed  generation
 resources" shall refer to:
   (a) energy-generating equipment defined in paragraphs (d),  (e),  (f),
 (g) and (h) of subdivision 1 of section 66-j of the public service law;
   (b)  energy-generating  equipment defined in paragraph (f) of subdivi-
 sion 1 of section 66-l of the public service law; and
   (c) energy-generating equipment necessary for  community  net-metering
 as established by the commission on or after July 17, 2015.
   3. The order established by such commission shall include:
   (a) the reasonable payment of costs to customer-generators and persons
 who previously paid the costs of installing dedicated equipment required
 for  the interconnection of a distributed generation resource. The order
 shall provide for cost-sharing payments under the following scenarios:
   (i) an applicant who has received approval from his  or  her  electric
 corporation  to  interconnect  a  distributed  generation resource which
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01099-01-7

 A. 597                              2
 
 would substantially utilize existing equipment paid for by one  or  more
 customer-generators  or persons owning or operating one or more distrib-
 uted generation resources.
   (ii)  two  or  more  applicants  who have received approval from their
 electric corporation to interconnect  distributed  generation  resources
 which  would substantially utilize existing equipment paid for by one or
 more customer-generators or persons owning  or  operating  one  or  more
 distributed generation resources.
   (iii)  one  or  more  applicants who have received approval from their
 electric corporation to interconnect distributed  generation  resources,
 and  seek  to upgrade existing equipment paid for by one or more custom-
 er-generators or persons owning or operating  one  or  more  distributed
 generation  resources,  and  under which all parties would substantially
 utilize such upgraded equipment.
   (b) a process by which the department of public service  would  notify
 applicants  of  their  requirement  to  provide cost-sharing payments to
 customer-generators or persons owning or operating one or more  distrib-
 uted generation resources and previously had borne the costs of install-
 ing dedicated equipment necessary for interconnection.
   (c)  a  process  by  which  subscribers  to  a  community net-metering
 distributed generation facility where the owner has  received  equipment
 cost-sharing  payments  will receive a refund against subscription costs
 proportional to the share which they have paid for the  installation  of
 such equipment; and
   (d) any other guidelines such commission deems necessary to effectuate
 equitable  cost-sharing  and  subscriber  protections, and encourage the
 responsible siting of distributed generation resources.
   4. In developing  the  order  pursuant  to  subdivision  one  of  this
 section,  the  public service commission shall consult with the New York
 state energy research and development authority, and solicit  the  input
 of renewable energy advocates and electric corporations.
   § 2. This act shall take effect immediately.