S05277 Summary:

BILL NOS05277A
 
SAME ASNo Same As
 
SPONSORFUNKE
 
COSPNSRAMEDORE, CARLUCCI, MARCHIONE
 
MLTSPNSR
 
Add Art 12 §§240 & 241, Pub Serv L
 
Creates the New York Farm-to-Urban Consumer Solar Access Act of 2016 to permit a system implementing shared solar power benefits.
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S05277 Actions:

BILL NOS05277A
 
05/12/2015REFERRED TO ENERGY AND TELECOMMUNICATIONS
06/03/20151ST REPORT CAL.1335
06/08/20152ND REPORT CAL.
06/09/2015ADVANCED TO THIRD READING
06/25/2015COMMITTED TO RULES
01/06/2016REFERRED TO ENERGY AND TELECOMMUNICATIONS
02/04/2016AMEND (T) AND RECOMMIT TO ENERGY AND TELECOMMUNICATIONS
02/04/2016PRINT NUMBER 5277A
05/10/20161ST REPORT CAL.779
05/11/20162ND REPORT CAL.
05/16/2016ADVANCED TO THIRD READING
06/15/2016PASSED SENATE
06/15/2016DELIVERED TO ASSEMBLY
06/15/2016referred to energy
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S05277 Committee Votes:

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S05277 Floor Votes:

There are no votes for this bill in this legislative session.
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S05277 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5277--A
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                      May 12, 2015
                                       ___________
 
        Introduced  by  Sens. FUNKE, AMEDORE, CARLUCCI -- read twice and ordered
          printed, and when printed to be committed to the Committee  on  Energy
          and  Telecommunications  -- recommitted to the Committee on Energy and
          Telecommunications in accordance with Senate Rule 6, sec. 8 -- commit-
          tee discharged, bill amended, ordered reprinted as amended and  recom-
          mitted to said committee
 
        AN  ACT  to amend the public service law, in relation to the creation of
          the New York Farm-to-Urban Consumer Solar Access Act of 2016
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Legislative  intent  and purpose. It is the intent of the
     2  Legislature to extend access to the savings and benefits of solar  power
     3  to  electricity consumers that reside in multifamily buildings by allow-
     4  ing these consumers to share in the savings and benefits of solar  power
     5  systems  located  on  agricultural  land  or  other qualified properties
     6  including landfills and brownfields. By extending the  state's  abundant
     7  solar  energy  resources  to more consumers, it is the further intent of
     8  the Legislature to reduce the costs for electricity incurred by  consum-
     9  ers  residing  in  multifamily  buildings, to increase the benefits that
    10  accrue to electricity consumers that reside  in  multifamily  properties
    11  from  the payment of the system benefit charge, to create new sources of
    12  income for owners of agricultural land and other qualifying  properties,
    13  and  to create jobs and increase economic growth for the citizens of the
    14  State.
    15    § 2. Short title. This act shall be known and may be cited as the "New
    16  York Farm-to-Urban Consumer Solar Access Act of 2016".
    17    § 3. The public service law is amended by adding a new article  12  to
    18  read as follows:
    19                                 ARTICLE 12
    20                             SHARED SOLAR POWER
    21  Section 240. Definitions.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11026-02-6

        S. 5277--A                          2
 
     1          241. Shared solar power.
     2    §  240. Definitions. As used in this section the following terms shall
     3  have the following meanings:
     4    1. "Solar electric generating equipment" means a  photovoltaic  system
     5  that  is:  (a) interconnected to the distribution system on the customer
     6  side of  the  electric  distribution  company  meter,  (b)  operated  in
     7  conjunction with an electric corporation's transmission and distribution
     8  facilities  and in compliance with any standards and requirements estab-
     9  lished under section sixty-six-j of  this  chapter,  (c)  with  a  rated
    10  capacity  of  not  more  than two hundred kilowatts until the end of two
    11  thousand seventeen, five hundred kilowatts until the end of two thousand
    12  eighteen and the Commission may, through a  formal  proceeding  increase
    13  the  rated  capacity  to  an  aggregate  total of one megawatt through a
    14  formal proceeding at any time after January first,  two  thousand  nine-
    15  teen,  and  (d) that is manufactured, installed, and operated in accord-
    16  ance with applicable government and industry standards.
    17    2. "Customer-generator" means a residential or non-residential custom-
    18  er of an electric corporation who owns or operates solar electric gener-
    19  ating equipment as defined in subdivision one of this  section,  located
    20  and used at his or her farm operation, as such term is defined in subdi-
    21  vision  eleven  of  section  three  hundred  one  of the agriculture and
    22  markets law; or a non-residential customer of  an  electric  corporation
    23  which owns or operates solar electric generating equipment as defined in
    24  subdivision  one  of  this section, located and used at a qualified site
    25  pursuant to subdivision nine of this section.
    26    3. "Net energy meter" means a meter that measures the reverse flow  of
    27  electricity  to register the difference between the electricity supplied
    28  by an electric corporation to the customer-generator and the electricity
    29  provided to the corporation by that customer-generator.
    30    4. "Net energy metering" means the use of a net energy meter to  meas-
    31  ure,  during  the billing period applicable to a customer-generator, the
    32  net amount of  electricity  supplied  by  an  electric  corporation  and
    33  provided to the corporation by a customer-generator.
    34    5.  "Electric  utility" means any investor-owned utility that distrib-
    35  utes electricity within this state.
    36    6. "Qualified consumer" shall mean an electric service account  holder
    37  of  an  electric  utility who resides in a building of greater than four
    38  housing units or in a condominium or housing cooperative located in  the
    39  service  territory  of  the  electric utility or any of its wholly owned
    40  subsidiaries, in which the shared solar power facility,  as  defined  in
    41  subdivision  eight  of  this  section, is located; or who resides within
    42  five miles of a farm operation  as  defined  in  subdivision  eleven  of
    43  section  three  hundred  one  of the agriculture and markets law that is
    44  also a qualified site under  the  provisions  of  this  chapter  and  is
    45  located in the service territory of the electric utility.
    46    7.  "Qualified solar energy generation" means electric output measured
    47  in kWh from a shared solar power  facility  as  defined  in  subdivision
    48  eight of this section.
    49    8.  "Shared  solar  power  facility"  means  solar electric generating
    50  equipment as defined in subdivision one of  this  section,  whose  owner
    51  holds  the title or leasehold of a "qualified site" as defined in subdi-
    52  vision nine of this section, and that  elects  to  assign  net  metering
    53  credits  to "qualified consumers", as defined in subdivision six of this
    54  section, according to the requirements of this article.
    55    9. "Qualified site" shall mean: (a) property used for farm  operations
    56  as  defined  in  subdivision  eleven of section three hundred one of the

        S. 5277--A                          3
 
     1  agriculture and markets law; or (b) property  owned  or  leased  by  any
     2  legal  entity that is organized as a not for profit or a landfill, or an
     3  area designated as a brownfield.
     4    10. "Solar subscription" means a contract made by the owner of a qual-
     5  ified  site assigning a pro-rate share, whose numerator is one and whose
     6  denominator is the number of qualified consumers to whom the net  meter-
     7  ing credits of the shared solar power facility are being allocated, to a
     8  qualified  consumer  with  a  minimum  length  of three years, a maximum
     9  length of ten years, a fixed annual renewal date, a provision  providing
    10  the  qualified  consumer with the right to end their subscription on the
    11  annual renewal date with sixty days notice to the owner.
    12    11. "Shared solar power allocation schedule" shall mean an  attachment
    13  to  the  schedule prescribed in subdivision three of section sixty-six-j
    14  of this chapter, published by each electric utility, to  be  filled  out
    15  electronically  by  the  shared  facility owner and filed electronically
    16  with the electric utility to show the prorated share of the kWh produced
    17  by the shared solar facility to be allocated to a utility account  hold-
    18  er.   Within sixty days of the effective date of this article each elec-
    19  tric utility shall submit  its  attachment  schedule  and  describe  its
    20  filing procedures to the commission.
    21    §  241.  Shared  solar power. 1. The kWh of electricity generated by a
    22  shared solar facility during each electric utility billing period  shall
    23  be  allocated by the owner of the shared solar facility according to the
    24  terms of the subscription agreement for each subscribing  consumer.  The
    25  allocation  shall  be recorded and filed with the electric utility whose
    26  account holders are subscribers. The amount of the net metering  credits
    27  to  be attributed to each such customer shall be determined by the allo-
    28  cation provided by the shared  solar  facility.    The  credit  will  be
    29  applied  to  the  monthly  bill  of  each  subscription  holder  with  a
    30  subscription agreement at the same rate as the customer  pays  on  their
    31  primary  account.  Credits may be carried forward by such customers from
    32  month to month. Written notice of  the  identity  of  the  customers  so
    33  designated  and  the  allocation of the credits to be attributed to such
    34  customers shall be in such form as required by the provisions  described
    35  in subdivision ten of section two hundred forty of this article.
    36    2. A solar subscription shall not be considered as a security.
    37    3.  A  customer-generator who owns a shared solar facility at a quali-
    38  fied site may designate all or a portion of  the  net  metering  credits
    39  generated  by  such  equipment  to qualified consumers who reside within
    40  that utility service territory.
    41    4. All renewable energy credits produced by the shared solar  facility
    42  shall,  not  withstanding  the  terms  and  conditions  of any incentive
    43  program for which the owner is eligible,  remain  the  property  of  the
    44  owner of the shared solar facility.
    45    5.  Shared  solar  facilities shall be exempt from the limitations set
    46  forth in subparagraph (iii) of paragraph (a)  of  subdivision  three  of
    47  section  sixty-six-j  of this chapter.  Shared solar facilities shall be
    48  subject to all safety standards as set forth in subdivision five of such
    49  section.
    50    6. Each retail electric supplier  that  is  an  electric  distribution
    51  company  shall  be  entitled  to recover the prudently incurred costs of
    52  complying with its obligations, as determined  by  the  commission.  All
    53  such  costs  shall be recovered through the supply portion of each elec-
    54  tric customer's bill in a competitively neutral manner.
    55    7. The commission may in its discretion and through a formal  proceed-
    56  ing,  suspend  this  program  if  it is determined to have a substantial

        S. 5277--A                          4

     1  negative impact on the utility costs of ratepayers, or if it  is  deter-
     2  mined  that  the  further  operation of the program is not in the public
     3  interest. If the commission should  issue  an  order  pursuant  to  this
     4  subdivision,  all  projects already under contract as of the date of the
     5  order would be held harmless and allowed to operate under the conditions
     6  that exist prior to such order.
     7    § 4. Severability. If any provision of this act is,  for  any  reason,
     8  declared  unconstitutional or invalid, in whole or in part, by any court
     9  of competent jurisdiction, such portion shall be deemed  severable,  and
    10  such  unconstitutionality or invalidity shall not affect the validity of
    11  the remaining provisions of this act, which remaining  provisions  shall
    12  continue in full force and effect.
    13    § 5. This act shall take effect immediately.
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