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A05521 Summary:

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A05521 Floor Votes:

A05521 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5521--A
                                                                Cal. No. 122
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 23, 2011
                                       ___________
 
        Introduced  by  M. of A. ENGLEBRIGHT, HOOPER, BENEDETTO, GUNTHER, GALEF,
          SCHIMEL, AUBRY, JAFFEE, MAISEL,  CASTRO,  LIFTON,  MARKEY,  ROSENTHAL,
          GABRYSZAK,  LAVINE  --  Multi-Sponsored by -- M. of A. BOYLAND, BOYLE,
          BRENNAN, GOTTFRIED, MAGEE, McENENY, PERRY,  REILLY,  SWEENEY,  THIELE,

          WEISENBERG  --  read  once  and referred to the Committee on Energy --
          reported from committee, advanced to  a  third  reading,  amended  and
          ordered reprinted, retaining its place on the order of third reading
 
        AN  ACT  to amend the public service law and the public authorities law,
          in relation to credit for electricity generated by a  customer-genera-
          tor subject to net energy metering
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 4 of section 66-j of the public service law, as
     2  amended by chapter 355 of the laws  of  2009,  is  amended  to  read  as
     3  follows:
     4    4.  Rates.  An  electric  corporation shall use net energy metering to
     5  measure and charge for the net electricity supplied by  the  corporation

     6  and  provided  to  the corporation by a customer-generator, according to
     7  these requirements:
     8    (a) In the event that the amount of electricity supplied by the corpo-
     9  ration during the billing  period  exceeds  the  amount  of  electricity
    10  provided  by  a customer-generator, the corporation shall, after deduct-
    11  ing, from the aggregate of unused credit for excess  electricity  gener-
    12  ated  by such customer-generator prior to such billing period, an amount
    13  of credit equal to the amount of electricity supplied  by  the  electric
    14  corporation, to the extent such credit exists, and may thereafter charge
    15  the customer-generator for the net electricity supplied, after deduction
    16  of  such  credits,  at  the  same  rate  per kilowatt hour applicable to

    17  service provided to other customers in the same service class  which  do
    18  not generate electricity onsite.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08773-02-1
        A. 5521--A                          2
 
     1    (b)  In the event that the amount of electricity produced by a custom-
     2  er-generator during the billing period exceeds the amount of electricity
     3  used by the customer-generator, the corporation shall (i) apply a credit
     4  to the next bill for service to the customer-generator for the net elec-
     5  tricity  provided  at  the  same  rate  per  kilowatt hour applicable to
     6  service provided to other customers in the same service class  which  do

     7  not  generate electricity onsite, or (ii) at the option of the customer-
     8  generator, credit such customer-generator  with  the  amount  of  excess
     9  kilowatt  hours generated in excess of its use, and such credit shall be
    10  aggregated indefinitely to be used as credit  against  charges  incurred
    11  pursuant to paragraph (a) of this subdivision; except for micro-combined
    12  heat and power or fuel cell customer-generators, who will be credited at
    13  the  corporation's  avoided  costs.  The avoided cost credit provided to
    14  micro-combined heat and power or fuel cell customer-generators shall  be
    15  treated  for  ratemaking  purposes  as  a purchase of electricity in the
    16  market that is includable in commodity costs.
    17    (c) At the end of the year or annualized over the period that  service

    18  is  supplied  by means of net energy metering, the corporation shall (i)
    19  promptly issue payment at its avoided cost to the customer-generator, as
    20  defined in subparagraph (i) [or], (ii), (iv) or (v) of paragraph (a)  of
    21  subdivision  one  of this section, for the value of any remaining credit
    22  for the excess electricity produced during the year or over the  annual-
    23  ized  period  by  the  customer-generator,  or (ii) at the option of the
    24  customer-generator, shall continue to aggregate  such  credits,  at  the
    25  same  rate per kilowatt hour applicable to the service provided to other
    26  customers in the same service class which do not generate electricity on
    27  site, for an indefinite period of time and continue to allow use of such

    28  credit to offset any liability of the customer-generator to the electric
    29  corporation during billing periods in which the electricity generated by
    30  the customer-generator is less than that used by such customer.
    31    (d) In the event that the corporation imposes charges based  on  kilo-
    32  watt  demand  on  customers  who  are  in  the same service class as the
    33  customer-generator but which do not generate electricity  on  site,  the
    34  corporation may impose the same charges at the same rates to the custom-
    35  er-generator,  provided,  however,  that  the  kilowatt  demand for such
    36  demand charges is determined by the  maximum  measured  kilowatt  demand
    37  actually  supplied  by  the corporation to the customer-generator during
    38  the billing period.
    39    (e) In the event that a customer-generator elects to allow the  aggre-

    40  gation  of  any  credits for excess electricity generated, the customer-
    41  generator shall be entitled to an accounting of such credits once  every
    42  five  years  and  upon  such  accounting, the electric corporation shall
    43  promptly issue payment at its avoided cost to  such  customer-generator,
    44  as  defined  in  subparagraph (i), (ii), (iv) or (v) of paragraph (a) of
    45  subdivision one of this section, for the value of any  remaining  credit
    46  for the excess electricity produced by the customer-generator.
    47    §  2.  Subdivision  4  of  section  66-l of the public service law, as
    48  amended by chapter 721 of the laws of 2006, paragraphs (b)  and  (c)  as
    49  amended  and  paragraph (d) as added by chapter 483 of the laws of 2008,
    50  is amended to read as follows:

    51    4. Rates. An electric corporation shall use  net  energy  metering  to
    52  measure  and  charge for the net electricity supplied by the corporation
    53  and provided to the corporation by a  customer-generator,  according  to
    54  the following requirements:
    55    (a) In the event that the amount of electricity supplied by the corpo-
    56  ration  during  the  billing  period  exceeds  the amount of electricity
        A. 5521--A                          3
 
     1  provided by a customer-generator, the corporation shall,  after  deduct-
     2  ing,  from  the aggregate of unused credit for excess electricity gener-
     3  ated by such customer-generator prior to such billing period, an  amount
     4  of  credit  equal  to the amount of electricity supplied by the electric

     5  corporation, to the extent such credit exists, and may thereafter charge
     6  the customer-generator for the net electricity supplied, after deduction
     7  of such credits, at the  same  rate  per  kilowatt  hour  applicable  to
     8  service  provided  to other customers in the same service class which do
     9  not generate electricity on site.
    10    (b) In the event that the amount of electricity produced by a  custom-
    11  er-generator during the billing period exceeds the amount of electricity
    12  used by the customer-generator, the corporation shall (i) apply a credit
    13  to the next bill for service to the customer-generator for the net elec-
    14  tricity  provided  at  the  same  rate  per  kilowatt hour applicable to
    15  service provided to other customers in the same service class  which  do

    16  not  generate  electricity on site, or (ii) at the option of the custom-
    17  er-generator, credit such customer-generator with the amount  of  excess
    18  kilowatt  hours generated in excess of its use, and such credit shall be
    19  aggregated indefinitely to be used as credit  against  charges  incurred
    20  pursuant to paragraph (a) of this subdivision.
    21    (c)  At the end of the year or annualized over the period that service
    22  is supplied by means of net energy metering, the corporation  shall  (i)
    23  promptly  issue  payment  at  its  avoided cost to a residential or farm
    24  service customer-generator for the value of any remaining credit for the
    25  excess electricity produced during the year or over the annualized peri-
    26  od by such customer-generator, or (ii) at the option  of  the  customer-

    27  generator,  shall  continue  to aggregate such credits, at the same rate
    28  per kilowatt hour applicable to the service provided to other  customers
    29  in the same service class which do not generate electricity on site, for
    30  an  indefinite  period of time, and continue to allow use of such credit
    31  to offset any liability of the customer-generator to the electric corpo-
    32  ration during billing periods in which the electricity generated by  the
    33  customer-generator is less than that used by such customer.
    34    (d)  In  the event that the corporation imposes charges based on kilo-
    35  watt demand on customers who are  in  the  same  service  class  as  the
    36  customer-generator  but  which  do not generate electricity on site, the
    37  corporation may impose the same charges at the same rates to the custom-

    38  er-generator, provided, however,  that  the  kilowatt  demand  for  such
    39  demand  charges  is  determined  by the maximum measured kilowatt demand
    40  actually supplied by the corporation to  the  customer-generator  during
    41  the billing period.
    42    (e)  In the event that a customer-generator elects to allow the aggre-
    43  gation of any credits for excess electricity  generated,  the  customer-
    44  generator  shall be entitled to an accounting of such credits once every
    45  five years and upon such  accounting,  the  electric  corporation  shall
    46  promptly  issue  payment  at its avoided cost to such customer-generator
    47  for the value  of  any  remaining  credit  for  the  excess  electricity
    48  produced by the customer-generator.
    49    §  3. Subdivision (h) of section 1020-g of the public authorities law,

    50  as amended by chapter 355 of the laws of 2009, is  amended  to  read  as
    51  follows:
    52    (h)  To  implement  programs  and policies designed to provide for the
    53  interconnection of: (i) (A) solar electric generating equipment owned or
    54  operated by residential customers, (B) farm  waste  electric  generating
    55  equipment  owned  or operated by customer-generators, (C) solar electric
    56  generating equipment owned or operated by non-residential customers, (D)
        A. 5521--A                          4
 
     1  micro-combined heat and power  generating  equipment  owned,  leased  or
     2  operated by residential customers, and (E) fuel cell electric generating
     3  equipment  owned,  leased  or operated by residential customers, and for
     4  net  energy  metering  consistent with section sixty-six-j of the public
     5  service law, to increase the efficiency of  energy  end  use,  to  shift

     6  demand  from  periods  of  high  demand  to periods of low demand and to
     7  facilitate the development  of  cogeneration;  and  (ii)  wind  electric
     8  generating  equipment  owned  or operated by customer-generators and for
     9  net energy metering consistent with section sixty-six-l  of  the  public
    10  service  law.  Notwithstanding  the  provisions  of section one thousand
    11  twenty-s of this title, the authority, in  its  implementation  of  such
    12  programs and policies, shall be subject to the provisions of subdivision
    13  four  of section sixty-six-j and subdivision four of section sixty-six-l
    14  of the public service law;
    15    § 4. This act shall take effect on the first of January next  succeed-
    16  ing the date on which it shall have become a law.