NY State Senate Bill 2021-S8327A

Senate Bill S8327A

2021-2022 Legislative Session

Relates to net energy metering for fuel-flexible linear generator electric generating equipment

download bill text pdf

Archive: Last Bill Status Via A3768 - Passed Senate

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
May 05, 2022	returned to assembly passed senate 3rd reading cal.920 substituted for s8327a
May 05, 2022	substituted by a3768a
May 02, 2022	advanced to third reading
Apr 27, 2022	2nd report cal.
Apr 26, 2022	1st report cal.920
Feb 23, 2022	print number 8327a
Feb 23, 2022	amend and recommit to energy and telecommunications
Feb 14, 2022	referred to energy and telecommunications

Votes

- May 5, 2022 - Floor Vote
  A3768
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 5, 2022
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
      
      excused (1)
      
      Brouk
  Apr 26, 2022 - Energy And Telecommunications Committee Vote
  S8327A
  
  9
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Energy And Telecommunications Committee Vote: Apr 26, 2022
      
      aye (9)
      
      Boyle
      
      Gaughran
      
      Harckham
      
      Hinchey
      
      Kavanagh
      
      Kennedy
      
      O'Mara
      
      Parker
      
      Ritchie

Bill Amendments

Original

A (Active)

2021-S8327 - Details

See Assembly Version of this Bill:: A3768
Law Section:: Public Service Law
Laws Affected:: Amd §§2 & 66-j, Pub Serv L
Versions Introduced in 2019-2020 Legislative Session:: S8203, A10268

2021-S8327 - Summary

Relates to net energy metering for fuel-flexible linear generator electric generating equipment.

2021-S8327 - Sponsor Memo

                                 
BILL NUMBER: S8327

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the public service law, in relation to net energy meter-
ing for fuel-flexible linear generator electric generating equipment

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would provide parity in "net energy metering" for fuel-flexi-
ble linear generators under Public Service Law § 66-j.

 
SUMMARY OF PROVISIONS:

Sections 1 through 12: Amends the public service law to to provide pari-
ty in net energy metering for fuel-flexible linear generator electric
generating equipment.

Section 13: Is the effective date.

JUSTIFICATION:

In 2019, the New York legislature passed historic climate legislation
aimed at reducing greenhouse gas emissions economy-wide, but especially
from the burning of fossil fuels in the electric generation sector. In
recent years, New York has also focused on bolstering resiliency and
ensuring the push towards a clean energy future includes an electricity
system capable of withstanding extreme weather events and other poten-
tially disruptive events. Because the availability of reliable, resil-
ient, and affordable electric service is critical to the welfare of
citizenry and is central to New York's economy", the State has aggres-
sively pursued a strategy known as "Reforming the Energy Vision" (REV),
through which "New York is actively spurring clean energy innova-
tion...promoting more efficient use of energy, deeper penetration of
renewable energy resources such as wind and solar, and wider deployment
of 'distributed' energy resources, such as micro grids, 'roof-top solar
and other on-site power supplies...." (1) The success of REV will depend
in part upon the right mix of clean energy technologies being available
in order for New York to achieve its ambitious energy goals and this
includes the critical need for distributed energy resources (DERs) that
are clean, fully dispatchable (2), and available for the duration of
potentially prolonged (i.e., multi-day) grid outages.  Distributed ener-
gy resources contribute to a more robust electric grid, lower costs for
users, and lower greenhouse gas emissions by offering: (i) a reliable,
resilient power source during outages, running independently from the
grid, (ii) flexible usage to offset energy consumption from the central
grid during peak hours and compensate for renewable energy sources
during non-available hours, (iii) low-emissions energy using a variety
of fuel sources, and (iv) reduced power grid infrastructure.costs and
losses.

One such technology is the fuel-flexible linear generator which,
although bearing several similarities to fuel cells, represents an
entirely new category of power generation. Linear generator technology
uses a novel electromechanical process by which a low-temperature
reaction of air and fuel drives magnets through copper coils to produce
electricity at very' high efficiencies but with near-zero NOx emissions.
Linear generators can run on clean and environmentally friendly fuels,
such as hydrogen and renewable biogas, but also seamlessly transition to
other available fuels if other circumstances require it.

While current law recognizes a wide variety of DERs, including fuel
cells and several other fuel-based technologies, the Public Service Law
does not encompass cutting-edge linear generator technology. This bill
would amend the Public Service Law to cover fuel-flexible linear genera-
tor technology for net metering purposes, allowing customers to benefit
from this promising new source of affordable, clean and fully dispatcha-
ble on-site power generation. Indeed, providing parity for linear gener-
ators will help ensure a more stable, secure, and environmentally
responsible electric grid, and bring New York's ambitious clean energy
and resiliency goals within closer reach.  Public Service Law section
66-j is the basis for many other dean energy policies and other technol-
ogies are on list already. The addition of linear generators creates
parity and ensures comparable and equitable regulatory treatment if, and
only if, future policies leverage this comprehensive list. New York has
previously provided parity-recognition for this technology when it added
fuel-flexible linear generators to the list of technologies eligible for
sales tax relief (FY-2017-18 Budget), and most recently, property tax
relief pursuant to Chapter 325 of the Laws of 2018.

 
PRIOR LEGISLATIVE HISTORY:

2020: A10268 04/08/20 referred to energy; S8203 04/15/20 referred to
energy and telecommunications A10268 05/04/20 amend and recommit to
energy A10268 05/04/20 print number 10268a

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
Immediately.
(1) http:/lwww3.d DS. ny.gov/W/PSCWeb.nsf/
AII/CC4F2EFA3A23551585257DEA007DCFE2?OdenDocument
(2) Dispatchable generation refers to sources of electricity that can be
used on demand, according to market needs, with or without the grid.
Dispatchable generators can adjust their power output according to need,
turn off and on quickly, and provide backup power when the grid is down.

2021-S8327 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8327
 
                             I N  S E N A T E
 
                             February 14, 2022
                                ___________
 
 Introduced  by  Sen. KENNEDY -- 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 energy meter-
   ing for fuel-flexible linear generator electric generating equipment
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2-b of section 2 of the public service law,  as
 amended by chapter 6 of the laws of 2011, is amended to read as follows:
   2-b.  The  term  "alternate  energy production facility," when used in
 this chapter, includes any solar, wind turbine, fuel cell, FUEL-FLEXIBLE
 LINEAR GENERATOR ELECTRIC  GENERATING  EQUIPMENT,  tidal,  wave  energy,
 waste  management  resource  recovery, refuse-derived fuel, wood burning
 facility, or energy storage device utilizing batteries, flow  batteries,
 flywheels  or  compressed  air,  together  with  any  related facilities
 located at the same project site, with an electric  generating  capacity
 of  up  to  eighty  megawatts, which produces electricity, gas or useful
 thermal energy.
   § 2. 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,  FUEL-FLEXIBLE
 LINEAR  GENERATOR ELECTRIC GENERATING EQUIPMENT, and micro-hydroelectric
 generating equipment.
   § 3. Subparagraphs (v) and (vi) of paragraph (a) of subdivision  1  of
 section  66-j  of the public service law, subparagraph (v) as separately
 amended by chapters 530 and 546 of the laws  of  2011  and  subparagraph
 (vi) as added by chapter 530 of the laws of 2011, are amended to read as
 follows:
   (v) a residential customer of an electric corporation who owns, leases
 or  operates  fuel  cell  generating  equipment  OR FUEL-FLEXIBLE LINEAR
 GENERATOR ELECTRIC GENERATING EQUIPMENT located on the customer's  prem-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04973-01-1
 S. 8327                             2
 
 ises; and (vi) a non-residential customer of an electric corporation who
 owns, leases or operates fuel cell generating equipment OR FUEL-FLEXIBLE
 LINEAR  GENERATOR  ELECTRIC GENERATING EQUIPMENT located and used at the
 customer's premises;
   §  4.  Paragraph  (f)  of  subdivision 1 of section 66-j of the public
 service law, as added by chapter 355 of the laws of 2009, is amended  to
 read as follows:
   (f)  "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, LINEAR GENERATOR, or other technology, with a rated capacity of at
 least one kilowatt and not more than  ten  kilowatts  electric  and  any
 thermal  output that at full load has a design total fuel use efficiency
 in the production of heat  and  electricity  of  not  less  than  eighty
 percent,  and  annually produces at least two thousand kilowatt hours of
 useful energy in the form of electricity 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 operated in conjunction with an electric corporation's trans-
 mission and distribution facilities.
   § 5. Subdivision 1 of section  66-j  of  the  public  service  law  is
 amended by adding a new paragraph (i) to read as follows:
   (I)  "FUEL-FLEXIBLE LINEAR GENERATOR ELECTRIC GENERATING EQUIPMENT" OR
 "FUEL-FLEXIBLE LINEAR GENERATOR" MEANS AN INTEGRATED  SYSTEM  CONSISTING
 OF  OSCILLATORS, CYLINDERS, ELECTRICITY CONVERSION EQUIPMENT AND ASSOCI-
 ATED BALANCE OF PLANT COMPONENTS THAT DIRECTLY CONVERT THE LINEAR MOTION
 OF THE OSCILLATORS INTO ELECTRICITY  AND  WHICH  HAS  A  COMBINED  RATED
 CAPACITY OF NOT MORE THAN TWO THOUSAND KILOWATTS.
   §  6.  Subdivision  2  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:
   2.  Interconnection  and  net energy metering. An electric corporation
 shall provide for the interconnection of solar and farm  waste  electric
 generating  equipment,  micro-combined  heat and power generating equip-
 ment, fuel cell  electric  generating  equipment,  FUEL-FLEXIBLE  LINEAR
 GENERATOR ELECTRIC GENERATING EQUIPMENT and micro-hydroelectric generat-
 ing  equipment  owned  or  operated  by a customer-generator and for net
 energy metering, provided that the customer-generator 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 under this section.
   §  7.  Subparagraph (iii) of paragraph (a) of subdivision 3 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:
   (iii) Each electric corporation shall make such contract and  schedule
 available  to  customer-generators  on a first come, first served basis,
 until the total rated generating capacity for solar and farm waste elec-
 tric generating equipment,  micro-combined  heat  and  power  generating
 equipment, fuel cell electric generating equipment, FUEL-FLEXIBLE LINEAR
 GENERATOR ELECTRIC GENERATING EQUIPMENT and micro-hydroelectric generat-
 ing  equipment  owned,  leased or operated by customer-generators in the
 corporation's service area is equivalent to one percent  of  the  corpo-
 ration's  electric  demand for the year two thousand five, as determined
 by the department.
 S. 8327                             3

   § 8. Paragraph (c) of subdivision 3 of  section  66-j  of  the  public
 service law, as amended by chapter 546 of the laws of 2011, subparagraph
 (iii)  as amended by chapter 494 of the laws of 2014, is amended to read
 as follows:
   (c)  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:
   (i)  In  the  case  of a customer-generator who owns or operates solar
 electric generating equipment, micro-combined heat and power  generating
 equipment, fuel cell electric generating equipment, FUEL-FLEXIBLE LINEAR
 GENERATOR  ELECTRIC GENERATING EQUIPMENT or micro-hydroelectric generat-
 ing equipment located and used at his or her residence, or  a  non-resi-
 dential  customer-generator who owns or operates solar electric generat-
 ing equipment with  a  rated  capacity  of  not  more  than  twenty-five
 kilowatts, up to a maximum amount of three hundred fifty dollars;
   (ii)  In  the  case  of a customer-generator who owns or operates farm
 waste electric generating equipment located and used at his or her "farm
 operation," up to a total amount of  five  thousand  dollars  per  "farm
 operation"; and
   (iii)  In the case of a non-residential customer-generator who owns or
 operates solar electric  generating  equipment  or  fuel  cell  electric
 generating equipment OR FUEL-FLEXIBLE LINEAR GENERATOR ELECTRIC GENERAT-
 ING  EQUIPMENT or micro-hydroelectric generating equipment or farm waste
 generating equipment as described in subparagraph (ix) of paragraph  (a)
 of  subdivision  one of this section, with a rated capacity of more than
 twenty-five kilowatts located and used at its premises, such cost  shall
 be as determined by the electric corporation subject to review, upon the
 request of such customer-generator, by the department.
   §  9.  Paragraph  (g)  of  subdivision 3 of section 66-j of the public
 service law, as added by chapter 200 of the laws of 2013, is amended  to
 read as follows:
   (g)  A  customer who owns or operates a farm operation as such term is
 defined in subdivision eleven of section three hundred one of the  agri-
 culture  and  markets  law,  or  a non-residential customer-generator as
 defined by subparagraph (viii) of paragraph (a) of  subdivision  one  of
 this  section  that  locates  fuel cell electric generating equipment OR
 FUEL-FLEXIBLE LINEAR GENERATOR ELECTRIC GENERATING EQUIPMENT with a  net
 energy  meter on property owned or leased by such customer-generator may
 designate all or a portion of the net metering credits generated by such
 equipment to meters at any property owned or leased  by  such  customer-
 generator  within the service territory of the same electric corporation
 to which the customer-generator's net energy meters  are  interconnected
 and  being within the same load zone as determined by the location based
 marginal price as of the date of initial request by the customer-genera-
 tor to conduct net metering. The electric corporation  will  credit  the
 accounts  of  the  customer  by  applying any credits to the highest use
 meter first, then subsequent highest use meters until all  such  credits
 are attributed to the customer. Any excess credits shall be carried over
 to the following month.
   §  10.  Paragraph  (b)  of subdivision 4 of section 66-j of the public
 service law, as amended by chapter 494 of the laws of 2014,  is  amended
 to read as follows:
 S. 8327                             4
 
   (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 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  onsite,  except  for micro-combined heat and
 power or fuel cell OR FUEL-FLEXIBLE LINEAR GENERATOR customer-generators
 or farm waste generating equipment customer-generators as  described  in
 subparagraph  (ix)  of paragraph (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 OR
 FUEL-FLEXIBLE LINEAR GENERATOR customer-generators or farm waste  gener-
 ating equipment customer-generators as described in subparagraph (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.
   §  11.  Paragraph  (a)  of subdivision 5 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:
   (a)  On  or  before  three  months  after  the  effective date of this
 section, each electric corporation shall establish  standards  that  are
 necessary for net energy metering and the interconnection of residential
 solar  or  farm waste electric generating equipment, micro-combined heat
 and power generating equipment and fuel cell electric generating  equip-
 ment,  FUEL-FLEXIBLE  LINEAR GENERATOR ELECTRIC GENERATING EQUIPMENT and
 micro-hydroelectric 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:
   (i)  equipment  necessary  to  isolate  automatically  the residential
 solar, farm waste, micro-combined heat and power and fuel cell  electric
 generating system AND FUEL-FLEXIBLE LINEAR GENERATOR ELECTRIC GENERATING
 EQUIPMENT  and micro-hydroelectric generating equipment from the utility
 system for voltage and frequency deviations; and
   (ii) a manual lockable disconnect switch provided by the customer-gen-
 erator which shall be located on the outside of the customer's  premises
 and  externally  accessible for the purpose of isolating the residential
 solar and farm waste electric generating equipment and  micro-hydroelec-
 tric generating equipment.
   §  12.  Subparagraph  (i) of paragraph (b) of subdivision 5 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:
   (i) In the case of a customer-generator who  owns  or  operates  solar
 electric  generating equipment located and used at his or her residence;
 an electric corporation may not require a customer-generator  to  comply
 with  additional  safety  or  performance  standards, perform or pay for
 additional tests, or purchase additional  liability  insurance  provided
 that  the residential solar or farm waste electric generating equipment,
 micro-combined heat and power generating equipment, fuel  cell  electric
 generating equipment, FUEL-FLEXIBLE LINEAR GENERATOR ELECTRIC GENERATING
 EQUIPMENT  or  micro-hydroelectric generating equipment meets the safety
 standards established pursuant to this paragraph.
   § 13. This act shall take effect immediately.

co-Sponsors

2021-S8327A (ACTIVE) - Details

See Assembly Version of this Bill:: A3768
Law Section:: Public Service Law
Laws Affected:: Amd §§2 & 66-j, Pub Serv L
Versions Introduced in 2019-2020 Legislative Session:: S8203, A10268

2021-S8327A (ACTIVE) - Summary

Relates to net energy metering for fuel-flexible linear generator electric generating equipment.

2021-S8327A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8327A

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the public service law, in relation to net energy meter-
ing for fuel-flexible linear generator electric generating equipment

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would provide parity in "net energy metering" for fuel-flexi-
ble linear generators under Public Service Law § 66-j.

 
SUMMARY OF PROVISIONS:

Sections 1 through 12: Amends the public service law to to provide pari-
ty in net energy metering for fuel-flexible linear generator electric
generating equipment.

Section 13: Is the effective date.

JUSTIFICATION:

In 2019, the New York legislature passed historic climate legislation
aimed at reducing greenhouse gas emissions economy-wide, but especially
from the burning of fossil fuels in the electric generation sector. In
recent years, New York has also focused on bolstering resiliency and
ensuring the push towards a clean energy future includes an electricity
system capable of withstanding extreme weather events and other poten-
tially disruptive events. Because the availability of reliable, resil-
ient, and affordable electric service is critical to the welfare of
citizenry and is central to New York's economy", the State has aggres-
sively pursued a strategy known as "Reforming the Energy Vision" (REV),
through which "New York is actively spurring clean energy innova-
tion...promoting more efficient use of energy, deeper penetration of
renewable energy resources such as wind and solar, and wider deployment
of 'distributed' energy resources, such as micro grids, 'roof-top solar
and other on-site power supplies...." (1) The success of REV will depend
in part upon the right mix of clean energy technologies being available
in order for New York to achieve its ambitious energy goals and this
includes the critical need for distributed energy resources (DERs) that
are clean, fully dispatchable (2), and available for the duration of
potentially prolonged (i.e., multi-day) grid outages. Distributed energy
resources contribute to a more robust electric grid, lower costs for
users, and lower greenhouse gas emissions by offering: (i) a reliable,
resilient power source during outages, running independently from the
grid, (ii) flexible usage to offset energy consumption from the central
grid during peak hours and compensate for renewable energy sources
during non-available hours, (iii) low-emissions energy using a variety
of fuel sources, and (iv) reduced power grid infrastructure.costs and
losses.

One such technology is the fuel-flexible linear generator which,
although bearing several similarities to fuel cells, represents an
entirely new category of power generation. Linear generator technology
uses a novel electromechanical process by which a low-temperature
reaction of air and fuel drives magnets through copper coils to produce
electricity at very' high efficiencies but with near-zero NOx emissions.
Linear generators can run on clean and environmentally friendly fuels,
such as hydrogen and renewable biogas, but also seamlessly transition to
other available fuels if other circumstances require it.

While current law recognizes a wide variety of DERs, including fuel
cells and several other fuel-based technologies, the Public Service Law
does not encompass cutting-edge linear generator technology. This bill
would amend the Public Service Law to cover fuel-flexible linear genera-
tor technology for net metering purposes, allowing customers to benefit
from this promising new source of affordable, clean and fully dispatcha-
ble on-site power generation. Indeed, providing parity for linear gener-
ators will help ensure a more stable, secure, and environmentally
responsible electric grid, and bring New York's ambitious clean energy
and resiliency goals within closer reach.  Public Service Law section
66-j is the basis for many other dean energy policies and other technol-
ogies are on list already. The addition of linear generators creates
parity and ensures comparable and equitable regulatory treatment if, and
only if, future policies leverage this comprehensive list. New York has
previously provided parity-recognition for this technology when it added
fuel-flexible linear generators to the list of technologies eligible for
sales tax relief (FY-2017-18 Budget), and most recently, property tax
relief pursuant to Chapter 325 of the Laws of 2018.

 
PRIOR LEGISLATIVE HISTORY:

2020: A10268 04/08/20 referred to energy; S8203 04/15/20 referred to
energy and telecommunications A10268 05/04/20 amend and recommit to
energy A10268 05/04/20 print number 10268a

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:  Immediately.
(1) http:/lwvvw3.d DS. ny.gov/W/PSCWeb.nsf/ Al
UCC4F2EFA3A23551585257DEA007DCFE2?OdenDocument
(2) Dispatchable generation refers to sources of electricity that can be
used on demand, according to market needs, with or without the grid.
Dispatchable generators can adjust their power output according to need,
turn off and on quickly, and provide backup power when the grid is down.

2021-S8327A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8327--A
 
                             I N  S E N A T E
 
                             February 14, 2022
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the public service law, in relation to net energy meter-
   ing for fuel-flexible linear generator electric generating equipment

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 2-b of section 2 of the public service law, as
 amended by chapter 6 of the laws of 2011, is amended to read as follows:
   2-b. The term "alternate energy production  facility,"  when  used  in
 this chapter, includes any solar, wind turbine, fuel cell, FUEL-FLEXIBLE
 LINEAR  GENERATOR  ELECTRIC  GENERATING  EQUIPMENT,  tidal, wave energy,
 waste management resource recovery, refuse-derived  fuel,  wood  burning
 facility,  or energy storage device utilizing batteries, flow batteries,
 flywheels or  compressed  air,  together  with  any  related  facilities
 located  at  the same project site, with an electric generating capacity
 of up to eighty megawatts, which produces  electricity,  gas  or  useful
 thermal energy.
   § 2. 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, FUEL-FLEXIBLE
 LINEAR GENERATOR ELECTRIC GENERATING EQUIPMENT, and  micro-hydroelectric
 generating equipment.
   §  3.  Subparagraphs (v) and (vi) of paragraph (a) of subdivision 1 of
 section 66-j of the public service law, subparagraph (v)  as  separately
 amended  by  chapters  530  and 546 of the laws of 2011 and subparagraph
 (vi) as added by chapter 530 of the laws of 2011, are amended to read as
 follows:
   (v) a residential customer of an electric corporation who owns, leases
 or operates fuel  cell  generating  equipment  OR  FUEL-FLEXIBLE  LINEAR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04973-08-2
 S. 8327--A                          2
 
 GENERATOR  ELECTRIC GENERATING EQUIPMENT located on the customer's prem-
 ises; and (vi) a non-residential customer of an electric corporation who
 owns, leases or operates fuel cell generating equipment OR FUEL-FLEXIBLE
 LINEAR  GENERATOR  ELECTRIC GENERATING EQUIPMENT located and used at the
 customer's premises;
   § 4. Paragraph (f) of subdivision 1 of  section  66-j  of  the  public
 service  law, as added by chapter 355 of the laws of 2009, is amended to
 read as follows:
   (f) "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,  FUEL-FLEXIBLE LINEAR GENERATOR, or other technology, with a rated
 capacity of at least one kilowatt and not more than ten kilowatts  elec-
 tric  and  any  thermal output that at full load has a design total fuel
 use efficiency in the production of heat and  electricity  of  not  less
 than  eighty  percent, and annually produces at least two thousand kilo-
 watt hours of useful energy in the form of electricity that may work  in
 combination  with supplemental or parallel conventional heating systems,
 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.
   § 5. Subdivision 1 of section  66-j  of  the  public  service  law  is
 amended by adding a new paragraph (i) to read as follows:
   (I)  "FUEL-FLEXIBLE LINEAR GENERATOR ELECTRIC GENERATING EQUIPMENT" OR
 "FUEL-FLEXIBLE LINEAR GENERATOR" MEANS AN INTEGRATED  SYSTEM  CONSISTING
 OF  OSCILLATORS, CYLINDERS, ELECTRICITY CONVERSION EQUIPMENT AND ASSOCI-
 ATED BALANCE OF PLANT COMPONENTS THAT DIRECTLY CONVERT THE LINEAR MOTION
 OF THE OSCILLATORS INTO ELECTRICITY  AND  WHICH  HAS  A  COMBINED  RATED
 CAPACITY OF NOT MORE THAN TWO THOUSAND KILOWATTS.
   §  6.  Subdivision  2  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:
   2.  Interconnection  and  net energy metering. An electric corporation
 shall provide for the interconnection of solar and farm  waste  electric
 generating  equipment,  micro-combined  heat and power generating equip-
 ment, fuel cell  electric  generating  equipment,  FUEL-FLEXIBLE  LINEAR
 GENERATOR ELECTRIC GENERATING EQUIPMENT and micro-hydroelectric generat-
 ing  equipment  owned  or  operated  by a customer-generator and for net
 energy metering, provided that the customer-generator 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 under this section.
   §  7.  Subparagraph (iii) of paragraph (a) of subdivision 3 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:
   (iii) Each electric corporation shall make such contract and  schedule
 available  to  customer-generators  on a first come, first served basis,
 until the total rated generating capacity for solar and farm waste elec-
 tric generating equipment,  micro-combined  heat  and  power  generating
 equipment, fuel cell electric generating equipment, FUEL-FLEXIBLE LINEAR
 GENERATOR ELECTRIC GENERATING EQUIPMENT and micro-hydroelectric generat-
 ing  equipment  owned,  leased or operated by customer-generators in the
 corporation's service area is equivalent to one percent  of  the  corpo-
 ration's  electric  demand for the year two thousand five, as determined
 by the department.
 S. 8327--A                          3
 
   § 8. Paragraph (c) of subdivision 3 of  section  66-j  of  the  public
 service law, as amended by chapter 546 of the laws of 2011, subparagraph
 (iii)  as amended by chapter 494 of the laws of 2014, is amended to read
 as follows:
   (c)  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:
   (i)  In  the  case  of a customer-generator who owns or operates solar
 electric generating equipment, micro-combined heat and power  generating
 equipment, fuel cell electric generating equipment, FUEL-FLEXIBLE LINEAR
 GENERATOR  ELECTRIC GENERATING EQUIPMENT or micro-hydroelectric generat-
 ing equipment located and used at his or her residence, or  a  non-resi-
 dential  customer-generator who owns or operates solar electric generat-
 ing equipment with  a  rated  capacity  of  not  more  than  twenty-five
 kilowatts, up to a maximum amount of three hundred fifty dollars;
   (ii)  In  the  case  of a customer-generator who owns or operates farm
 waste electric generating equipment located and used at his or her "farm
 operation," up to a total amount of  five  thousand  dollars  per  "farm
 operation"; and
   (iii)  In the case of a non-residential customer-generator who owns or
 operates solar electric  generating  equipment  or  fuel  cell  electric
 generating equipment OR FUEL-FLEXIBLE LINEAR GENERATOR ELECTRIC GENERAT-
 ING  EQUIPMENT or micro-hydroelectric generating equipment or farm waste
 generating equipment as described in subparagraph (ix) of paragraph  (a)
 of  subdivision  one of this section, with a rated capacity of more than
 twenty-five kilowatts located and used at its premises, such cost  shall
 be as determined by the electric corporation subject to review, upon the
 request of such customer-generator, by the department.
   §  9.  Paragraph  (g)  of  subdivision 3 of section 66-j of the public
 service law, as added by chapter 200 of the laws of 2013, is amended  to
 read as follows:
   (g)  A  customer who owns or operates a farm operation as such term is
 defined in subdivision eleven of section three hundred one of the  agri-
 culture  and  markets  law,  or  a non-residential customer-generator as
 defined by subparagraph (viii) of paragraph (a) of  subdivision  one  of
 this  section  that  locates  fuel cell electric generating equipment OR
 FUEL-FLEXIBLE LINEAR GENERATOR ELECTRIC GENERATING EQUIPMENT with a  net
 energy  meter on property owned or leased by such customer-generator may
 designate all or a portion of the net metering credits generated by such
 equipment to meters at any property owned or leased  by  such  customer-
 generator  within the service territory of the same electric corporation
 to which the customer-generator's net energy meters  are  interconnected
 and  being within the same load zone as determined by the location based
 marginal price as of the date of initial request by the customer-genera-
 tor to conduct net metering. The electric corporation  will  credit  the
 accounts  of  the  customer  by  applying any credits to the highest use
 meter first, then subsequent highest use meters until all  such  credits
 are attributed to the customer. Any excess credits shall be carried over
 to the following month.
   §  10.  Paragraph  (b)  of subdivision 4 of section 66-j of the public
 service law, as amended by chapter 494 of the laws of 2014,  is  amended
 to read as follows:
 S. 8327--A                          4
 
   (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 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  onsite,  except  for micro-combined heat and
 power or fuel cell OR FUEL-FLEXIBLE LINEAR GENERATOR customer-generators
 or farm waste generating equipment customer-generators as  described  in
 subparagraph  (ix)  of paragraph (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 OR
 FUEL-FLEXIBLE LINEAR GENERATOR customer-generators or farm waste  gener-
 ating equipment customer-generators as described in subparagraph (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.
   §  11.  Paragraph  (a)  of subdivision 5 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:
   (a)  On  or  before  three  months  after  the  effective date of this
 section, each electric corporation shall establish  standards  that  are
 necessary for net energy metering and the interconnection of residential
 solar  or  farm waste electric generating equipment, micro-combined heat
 and power generating equipment and fuel cell electric generating  equip-
 ment,  FUEL-FLEXIBLE  LINEAR GENERATOR ELECTRIC GENERATING EQUIPMENT and
 micro-hydroelectric 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:
   (i)  equipment  necessary  to  isolate  automatically  the residential
 solar, farm waste, micro-combined heat and power and fuel cell  electric
 generating system AND FUEL-FLEXIBLE LINEAR GENERATOR ELECTRIC GENERATING
 EQUIPMENT  and micro-hydroelectric generating equipment from the utility
 system for voltage and frequency deviations; and
   (ii) a manual lockable disconnect switch provided by the customer-gen-
 erator which shall be located on the outside of the customer's  premises
 and  externally  accessible for the purpose of isolating the residential
 solar and farm waste electric generating equipment and  micro-hydroelec-
 tric generating equipment.
   §  12.  Subparagraph  (i) of paragraph (b) of subdivision 5 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:
   (i) In the case of a customer-generator who  owns  or  operates  solar
 electric  generating equipment located and used at his or her residence;
 an electric corporation may not require a customer-generator  to  comply
 with  additional  safety  or  performance  standards, perform or pay for
 additional tests, or purchase additional  liability  insurance  provided
 that  the residential solar or farm waste electric generating equipment,
 micro-combined heat and power generating equipment, fuel  cell  electric
 generating equipment, FUEL-FLEXIBLE LINEAR GENERATOR ELECTRIC GENERATING
 EQUIPMENT  or  micro-hydroelectric generating equipment meets the safety
 standards established pursuant to this paragraph.
   § 13. This act shall take effect immediately.

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