A00028 Summary:
BILL NO | A00028A |
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SAME AS | SAME AS S01149-A |
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SPONSOR | Cahill |
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COSPNSR | Magee, Gunther, Russell |
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MLTSPNSR | Calhoun, Duprey, Lopez P |
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Amd S66-j, Pub Serv L; amd S1020-g, Pub Auth L | |
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Relates to net energy metering for micro-hydroelectric generating equipment. |
A00028 Actions:
BILL NO | A00028A | |||||||||||||||||||||||||||||||||||||||||||||||||||
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01/05/2011 | referred to energy | |||||||||||||||||||||||||||||||||||||||||||||||||||
01/11/2011 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||||
01/13/2011 | advanced to third reading cal.1 | |||||||||||||||||||||||||||||||||||||||||||||||||||
01/25/2011 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||||
01/25/2011 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||||
01/25/2011 | REFERRED TO ENERGY AND TELECOMMUNICATIONS | |||||||||||||||||||||||||||||||||||||||||||||||||||
06/13/2011 | SUBSTITUTED FOR S1149 | |||||||||||||||||||||||||||||||||||||||||||||||||||
06/13/2011 | 3RD READING CAL.608 | |||||||||||||||||||||||||||||||||||||||||||||||||||
06/13/2011 | recalled from senate | |||||||||||||||||||||||||||||||||||||||||||||||||||
06/13/2011 | SUBSTITUTION RECONSIDERED | |||||||||||||||||||||||||||||||||||||||||||||||||||
06/13/2011 | COMMITTED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||||
06/13/2011 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||||
06/13/2011 | vote reconsidered - restored to third reading | |||||||||||||||||||||||||||||||||||||||||||||||||||
06/13/2011 | amended on third reading 28a | |||||||||||||||||||||||||||||||||||||||||||||||||||
06/17/2011 | substituted by s1149a | |||||||||||||||||||||||||||||||||||||||||||||||||||
  | S01149 AMEND=A PARKER | |||||||||||||||||||||||||||||||||||||||||||||||||||
  | 01/05/2011 | REFERRED TO ENERGY AND TELECOMMUNICATIONS | ||||||||||||||||||||||||||||||||||||||||||||||||||
  | 05/10/2011 | 1ST REPORT CAL.608 | ||||||||||||||||||||||||||||||||||||||||||||||||||
  | 05/11/2011 | 2ND REPORT CAL. | ||||||||||||||||||||||||||||||||||||||||||||||||||
  | 05/16/2011 | ADVANCED TO THIRD READING | ||||||||||||||||||||||||||||||||||||||||||||||||||
  | 06/13/2011 | SUBSTITUTED BY A28 | ||||||||||||||||||||||||||||||||||||||||||||||||||
  |   | A00028 AMEND=A Cahill | ||||||||||||||||||||||||||||||||||||||||||||||||||
  |   | 06/13/2011 | SUBSTITUTION RECONSIDERED | |||||||||||||||||||||||||||||||||||||||||||||||||
  |   | 06/13/2011 | RESTORED TO THIRD READING | |||||||||||||||||||||||||||||||||||||||||||||||||
  |   | 06/13/2011 | AMENDED ON THIRD READING 1149A | |||||||||||||||||||||||||||||||||||||||||||||||||
  |   | 06/16/2011 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
  |   | 06/16/2011 | DELIVERED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
  |   | 06/16/2011 | referred to energy | |||||||||||||||||||||||||||||||||||||||||||||||||
  |   | 06/17/2011 | substituted for a28a | |||||||||||||||||||||||||||||||||||||||||||||||||
  |   | 06/17/2011 | ordered to third reading cal.1 | |||||||||||||||||||||||||||||||||||||||||||||||||
  |   | 06/17/2011 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
  |   | 06/17/2011 | returned to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
  |   | 09/12/2011 | DELIVERED TO GOVERNOR | |||||||||||||||||||||||||||||||||||||||||||||||||
  |   | 09/23/2011 | SIGNED CHAP.546 |
A00028 Floor Votes:
Yes
Abbate
ER
Clark
Yes
Goodell
Yes
Lifton
Yes
Murray
Yes
Saladino
Yes
Abinanti
Yes
Colton
Yes
Gottfried
Yes
Linares
Yes
Nolan
Yes
Sayward
Yes
Amedore
Yes
Conte
Yes
Graf
Yes
Lopez PD
Yes
Oaks
Yes
Scarborough
Yes
Arroyo
Yes
Cook
Yes
Gunther
Yes
Lopez VJ
Yes
O'Donnell
Yes
Schimel
Yes
Aubry
Yes
Corwin
Yes
Hanna
Yes
Losquadro
Yes
Ortiz
Yes
Schimminger
Yes
Barclay
Yes
Crespo
Yes
Hawley
Yes
Lupardo
Yes
Palmesano
Yes
Schroeder
Yes
Barron
Yes
Crouch
Yes
Hayes
Yes
Magee
Yes
Paulin
Yes
Simotas
Yes
Benedetto
Yes
Curran
Yes
Heastie
Yes
Magnarelli
Yes
Peoples Stokes
Yes
Smardz
Yes
Bing
Yes
Cusick
Yes
Hevesi
Yes
Maisel
Yes
Perry
Yes
Spano
Yes
Blankenbush
Yes
Cymbrowitz
Yes
Hikind
Yes
Malliotakis
Yes
Pheffer
Yes
Stevenson
Yes
Boyland
Yes
DenDekker
Yes
Hooper
Yes
Markey
Yes
Pretlow
Yes
Sweeney
Yes
Boyle
Yes
Destito
Yes
Hoyt
Yes
Mayersohn
Yes
Ra
Yes
Tedisco
Yes
Braunstein
Yes
Dinowitz
Yes
Jacobs
Yes
McDonough
Yes
Rabbitt
Yes
Tenney
Yes
Brennan
Yes
Duprey
Yes
Jaffee
Yes
McEneny
Yes
Raia
Yes
Thiele
Yes
Bronson
Yes
Englebright
Yes
Jeffries
Yes
McKevitt
Yes
Ramos
Yes
Titone
ER
Brook Krasny
Yes
Farrell
Yes
Johns
Yes
McLaughlin
Yes
Reilich
Yes
Titus
Yes
Burling
ER
Finch
Yes
Jordan
Yes
Meng
Yes
Reilly
Yes
Tobacco
Yes
Butler
Yes
Fitzpatrick
Yes
Katz
Yes
Miller D
ER
Rivera J
Yes
Towns
Yes
Cahill
Yes
Friend
Yes
Kavanagh
Yes
Miller JM
Yes
Rivera N
Yes
Weinstein
Yes
Calhoun
Yes
Gabryszak
Yes
Kellner
Yes
Miller MG
Yes
Rivera PM
Yes
Weisenberg
Yes
Camara
Yes
Galef
Yes
Kolb
Yes
Millman
Yes
Roberts
Yes
Weprin
Yes
Canestrari
Yes
Gantt
Yes
Lancman
Yes
Molinaro
Yes
Robinson
Yes
Wright
Yes
Castelli
Yes
Gibson
Yes
Latimer
Yes
Montesano
Yes
Rodriguez
Yes
Zebrowski
Yes
Castro
Yes
Giglio
Yes
Lavine
Yes
Morelle
Yes
Rosenthal
Yes
Mr. Speaker
Yes
Ceretto
Yes
Glick
Yes
Lentol
Yes
Moya
Yes
Russell
‡ Indicates voting via videoconference
A00028 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 28--A Cal. No. 1 2011-2012 Regular Sessions IN ASSEMBLY (Prefiled) January 5, 2011 ___________ Introduced by M. of A. CAHILL, MAGEE, GUNTHER, RUSSELL -- Multi-Spon- sored by -- M. of A. CALHOUN, DUPREY, P. LOPEZ -- read once and referred to the Committee on Energy -- passed by Assembly and deliv- ered to the Senate, recalled from the Senate, vote reconsidered, bill amended, 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 net energy metering with micro-hydroelectric generating equipment The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The section heading and paragraph (a) of subdivision 1 of 2 section 66-j of the public service law, as amended by chapter 355 of the 3 laws of 2009, are amended and a new paragraph (h) is added to subdivi- 4 sion 1 to read as follows: 5 Net energy metering for residential solar, farm waste, non-residential 6 solar electric generating systems, micro-combined heat and power gener- 7 ating equipment, [or] fuel cell electric generating equipment, and 8 micro-hydroelectric generating equipment. 9 (a) "Customer-generator" means: (i) a residential customer of an elec- 10 tric corporation, who owns or operates solar electric generating equip- 11 ment located and used at his or her residence; (ii) a customer of an 12 electric corporation, who owns or operates farm waste electric generat- 13 ing equipment located and used at his or her "farm operation," as such 14 term is defined in subdivision eleven of section three hundred one of 15 the agriculture and markets law; (iii) a non-residential customer of an 16 electric corporation which owns or operates solar electric generating 17 equipment located and used at its premises; (iv) a residential customer 18 of an electric corporation who owns, leases or operates micro-combined 19 heat and power generating equipment located on the customer's premises; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00896-02-1A. 28--A 2 1 [and] (v) a residential customer of an electric corporation who owns, 2 leases or operates fuel cell generating equipment located on the custom- 3 er's premises; (vi) a residential customer of an electric corporation, 4 who owns or operates micro-hydroelectric generating equipment located 5 and used at his or her residence; and (vii) a non-residential customer 6 of an electric corporation which owns or operates micro-hydroelectric 7 generating equipment located and used at its premises. 8 (h) "Micro-hydroelectric generating equipment" means a hydroelectric 9 system (i) (A) in the case of a residential customer, with a rated 10 capacity of not more than twenty-five kilowatts; and (B) in the case of 11 a non-residential customer, with a rated capacity of not more than two 12 thousand kilowatts; and (ii) that is manufactured, installed, and oper- 13 ated in accordance with applicable government and industry standards, 14 that is connected to the electric system and operated in conjunction 15 with an electric corporation's transmission and distribution facilities, 16 and that is operated in compliance with any standards and requirements 17 established under this section. 18 § 2. Subdivision 2 of section 66-j of the public service law, as 19 amended by chapter 355 of the laws of 2009, is amended to read as 20 follows: 21 2. Interconnection and net energy metering. An electric corporation 22 shall provide for the interconnection of solar and farm waste electric 23 generating equipment, micro-combined heat and power generating equipment 24 [and], fuel cell electric generating equipment and micro-hydroelectric 25 generating equipment owned or operated by a customer-generator and for 26 net energy metering, provided that the customer-generator enters into a 27 net energy metering contract with the corporation or complies with the 28 corporation's net energy metering schedule and complies with standards 29 and requirements established under this section. 30 § 3. Subdivision 3 of section 66-j of the public service law, as 31 amended by chapter 355 of the laws of 2009, subparagraphs (i) and (iii) 32 of paragraph (c) as amended by chapter 7 of the laws of 2010 and para- 33 graph (e) as added by chapter 35 of the laws of 2011, is amended to read 34 as follows: 35 3. Conditions of service. (a) (i) On or before three months after the 36 effective date of this section, each electric corporation shall develop 37 a model contract and file a schedule that establishes consistent and 38 reasonable rates, terms and conditions for net energy metering to 39 customer-generators, according to the requirements of this section. The 40 commission shall render a decision within three months from the date on 41 which the schedule is filed. 42 (ii) On or before three months after the effective date of this 43 subparagraph, each electric corporation shall develop a model contract 44 and file a schedule that establishes consistent and reasonable rates, 45 terms and conditions for net energy metering to non-residential customer 46 generators, according to the requirements of this section. The commis- 47 sion shall render a decision within three months of the date on which 48 the schedule is filed. 49 (iii) Each electric corporation shall make such contract and schedule 50 available to customer-generators on a first come, first served basis, 51 until the total rated generating capacity for solar and farm waste elec- 52 tric generating equipment, micro-combined heat and power generating 53 equipment [and], fuel cell electric generating equipment and micro-hy- 54 droelectric generating equipment owned, leased or operated by customer- 55 generators in the corporation's service area is equivalent to oneA. 28--A 3 1 percent of the corporation's electric demand for the year two thousand 2 five, as determined by the department. 3 (b) Nothing in this subdivision shall prohibit a corporation from 4 providing net energy metering to additional customer-generators. The 5 commission shall have the authority, after January first, two thousand 6 twelve, to increase the percent limits if it determines that additional 7 net energy metering is in the public interest. 8 (c) In the event that the electric corporation determines that it is 9 necessary to install a dedicated transformer or transformers, or other 10 equipment to protect the safety and adequacy of electric service 11 provided to other customers, a customer-generator shall pay the electric 12 corporation's actual costs of installing the transformer or transfor- 13 mers, or other equipment: 14 (i) In the case of a customer-generator who owns or operates solar 15 electric generating equipment, micro-combined heat and power generating 16 equipment [or], fuel cell electric generating equipment or micro-hydroe- 17 lectric generating equipment located and used at his or her residence, 18 or a non-residential customer-generator who owns or operates solar elec- 19 tric generating equipment with a rated capacity of not more than twen- 20 ty-five kilowatts, up to a maximum amount of three hundred fifty 21 dollars; 22 (ii) In the case of a customer-generator who owns or operates farm 23 waste electric generating equipment located and used at his or her "farm 24 operation," up to a total amount of five thousand dollars per "farm 25 operation"; and 26 (iii) In the case of a non-residential customer-generator who owns or 27 operates solar electric generating equipment or micro-hydroelectric 28 generating equipment with a rated capacity of more than twenty-five 29 kilowatts located and used at its premises, such cost shall be as deter- 30 mined by the electric corporation subject to review, upon the request of 31 such customer-generator, by the department. 32 (d) An electric corporation shall impose no other charge or fee, 33 including back-up, stand by and demand charges, for the provision of net 34 energy metering to a customer-generator, except as provided in paragraph 35 (d) of subdivision four of this section. 36 (e) A customer who owns or operates a farm operation as such term is 37 defined in subdivision eleven of section three hundred one of the agri- 38 culture and markets law, or a non-residential customer-generator as 39 defined by subparagraph (iii) of paragraph (a) of subdivision one of 40 this section that locates solar electric generating equipment or farm 41 waste electric generating equipment with a net energy meter on property 42 owned or leased by such customer-generator may designate all or a 43 portion of the net metering credits generated by such equipment to 44 meters at any property owned or leased by such customer-generator within 45 the service territory of the same electric corporation to which the 46 customer-generator's net energy meters are interconnected and being 47 within the same load zone as determined by the location based marginal 48 price as of the date of initial request by the customer-generator to 49 conduct net metering. The electric corporation will credit the accounts 50 of the customer by applying any credits to the highest use meter first, 51 then subsequent highest use meters until all such credits are attributed 52 to the customer. Any excess credits shall be carried over to the follow- 53 ing month. 54 § 4. Subdivision 5 of section 66-j of the public service law, as 55 amended by chapter 355 of the laws of 2009, is amended to read as 56 follows:A. 28--A 4 1 5. Safety standards. (a) On or before three months after the effective 2 date of this section, each electric corporation shall establish stand- 3 ards that are necessary for net energy metering and the interconnection 4 of residential solar or farm waste electric generating equipment, 5 micro-combined heat and power generating equipment and fuel cell elec- 6 tric generating equipment and micro-hydroelectric generating equipment 7 to its system and that the commission shall determine are necessary for 8 safe and adequate service and further the public policy set forth in 9 this section. Such standards may include but shall not be limited to: 10 (i) equipment necessary to isolate automatically the residential 11 solar, farm waste, micro-combined heat and power and fuel cell electric 12 generating system and micro-hydroelectric generating equipment from the 13 utility system for voltage and frequency deviations; and 14 (ii) a manual lockable disconnect switch provided by the customer-gen- 15 erator which shall be located on the outside of the customer's premises 16 and externally accessible for the purpose of isolating the residential 17 solar and farm waste electric generating equipment and micro-hydroelec- 18 tric generating equipment. 19 (b) Upon its own motion or upon a complaint, the commission, or its 20 designated representative, may investigate and make a determination as 21 to the reasonableness and necessity of the standards or responsibility 22 for compliance with the standards. 23 (i) In the case of a customer-generator who owns or operates solar 24 electric generating equipment located and used at his or her residence; 25 an electric corporation may not require a customer-generator to comply 26 with additional safety or performance standards, perform or pay for 27 additional tests, or purchase additional liability insurance provided 28 that the residential solar or farm waste electric generating equipment, 29 micro-combined heat and power generating equipment [or], fuel cell elec- 30 tric generating equipment or micro-hydroelectric generating equipment 31 meets the safety standards established pursuant to this paragraph. 32 (ii) In the case of a customer-generator who owns or operates farm 33 waste electric generating equipment located and used at his or her "farm 34 operation," an electric corporation may not require a customer-generator 35 to comply with additional safety or performance standards, perform or 36 pay for additional tests, or purchase additional liability insurance 37 provided that: 38 1. the electric generating equipment meets the safety standards estab- 39 lished pursuant to this paragraph; and 40 2. the total rated generating capacity (measured in kW) of farm waste 41 electric generating equipment that provides electricity to the electric 42 corporation through the same local feeder line, does not exceed twenty 43 percent of the rated capacity of that local feeder line. 44 (iii) In the event that the total rated generating capacity of farm 45 waste electric generating equipment that provides electricity to the 46 electric corporation through the same local feeder line exceeds twenty 47 percent of the rated capacity of the local feeder line, the electric 48 corporation may require the customer-generator to comply with reasonable 49 measures to ensure safety of that local feeder line. 50 § 5. Subdivision 5-a of section 66-j of the public service law, as 51 amended by chapter 355 of the laws of 2009, is amended to read as 52 follows: 53 5-a. Safety standards; non-residential solar electric generating 54 equipment and micro-hydroelectric generating equipment. (a) On or 55 before three months after the effective date of this subdivision, each 56 electric corporation shall establish standards that are necessary forA. 28--A 5 1 net energy metering and the interconnection of non-residential solar 2 electric generating equipment or micro-hydroelectric generating equip- 3 ment to its system and that the commission shall determine are necessary 4 for safe and adequate service and further the public policy set forth in 5 this section. Such standards may include but shall not be limited to: 6 (i) equipment necessary to isolate automatically the solar generating 7 system or micro-hydroelectric generating equipment from the utility 8 system for voltage and frequency deviations; and 9 (ii) a manual lockable disconnect switch provided by the customer-gen- 10 erator which shall be located on the outside of the customer-generator's 11 premises and externally accessible for the purpose of isolating the 12 solar electric generating equipment or micro-hydroelectric generating 13 equipment. 14 (b) In the event that the total rated generating capacity of solar 15 electric generating equipment or micro-hydroelectric generating equip- 16 ment that provides electricity to the electric corporation through the 17 same local feeder line exceeds twenty percent of the rated capacity of 18 the local feeder line, the electric corporation may require the custom- 19 er-generator to comply with reasonable measures to ensure safety of the 20 local feeder line. 21 (c) Unless otherwise determined to be necessary by the commission, an 22 electric corporation may not require a customer-generator to comply with 23 additional safety or performance standards, perform or pay for addi- 24 tional tests, or purchase additional liability insurance provided that 25 the solar electric generating equipment or micro-hydroelectric generat- 26 ing equipment meets the safety standards established pursuant to this 27 subdivision. 28 (d) Upon its own motion or upon a complaint, the commission, or its 29 designated representative, may investigate and make a determination as 30 to the reasonableness and necessity of the standards or responsibility 31 for compliance with the standards. 32 § 6. Subdivision (h) of section 1020-g of the public authorities law, 33 as amended by chapter 355 of the laws of 2009, is amended to read as 34 follows: 35 (h) To implement programs and policies designed to provide for the 36 interconnection of: (i) (A) solar electric generating equipment owned or 37 operated by residential customers, (B) farm waste electric generating 38 equipment owned or operated by customer-generators, (C) solar electric 39 generating equipment owned or operated by non-residential customers, (D) 40 micro-combined heat and power generating equipment owned, leased or 41 operated by residential customers, [and] (E) fuel cell electric generat- 42 ing equipment owned, leased or operated by residential customers, and 43 (F) micro-hydroelectric generating equipment owned, leased or operated 44 by customer-generators and for net energy metering consistent with 45 section sixty-six-j of the public service law, to increase the efficien- 46 cy of energy end use, to shift demand from periods of high demand to 47 periods of low demand and to facilitate the development of cogeneration; 48 and (ii) wind electric generating equipment owned or operated by custom- 49 er-generators and for net energy metering consistent with section 50 sixty-six-l of the public service law. 51 § 7. This act shall take effect immediately.