A05927 Summary:

BILL NOA05927
 
SAME ASNo Same As
 
SPONSOREnglebright (MS)
 
COSPNSRBenedetto, Rivera, Galef, Cahill, Gunther, Lupardo, Magnarelli, Schimminger, O'Donnell, Rosenthal L, Jaffee, Barrett, Santabarbara
 
MLTSPNSRColton, Cook, Giglio, Gottfried, Kolb, Paulin, Stirpe
 
Rpld §§66-j & 66-l, add §66-j, Pub Serv L; amd §1020-g, Pub Auth L
 
Provides for the net energy metering of solar, wind, fuel cell and farm waste electric generating systems for both residential and business customers; increases the rated capacity of eligible solar electric generating equipment to 2,000 kilowatts; provides for the metering and fees for such electric generating equipment.
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A05927 Actions:

BILL NOA05927
 
02/20/2019referred to energy
01/08/2020referred to energy
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A05927 Committee Votes:

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A05927 Floor Votes:

There are no votes for this bill in this legislative session.
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A05927 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5927
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 20, 2019
                                       ___________
 
        Introduced  by  M.  of A. ENGLEBRIGHT, BENEDETTO, RIVERA, GALEF, CAHILL,
          GUNTHER, LUPARDO, MAGNARELLI,  SCHIMMINGER,  O'DONNELL,  L. ROSENTHAL,
          JAFFEE,  BARRETT,  SANTABARBARA  --  Multi-Sponsored  by  --  M. of A.
          COLTON, COOK, GIGLIO, GOTTFRIED, KOLB, PAULIN, STIRPE -- read once and
          referred to the Committee on Energy

        AN ACT to amend the public service law and the public  authorities  law,
          in relation to net energy metering for solar, wind, fuel cell and farm
          waste  electric  generating  systems;  and to repeal sections 66-j and
          66-l of the public service law relating 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.  Sections  66-j  and  66-l  of  the public service law are
     2  REPEALED and a new section 66-j is added to read as follows:
     3    § 66-j. Net energy metering for solar, wind, fuel cell or  farm  waste
     4  electric generating systems, or micro-combined heat and power generating
     5  equipment, and micro-hydroelectric generating equipment. 1. Definitions.
     6  As  used  in  this section, the following terms shall have the following
     7  meanings:
     8    (a) "Customer-generator" means: (i) any customer of an electric corpo-
     9  ration, who owns or operates solar, wind or fuel cell electric  generat-
    10  ing  equipment,  or  any  hybrid  equipment  of these three technologies
    11  located and used at his or her premises; (ii) a customer of an  electric
    12  corporation,  who owns or operates farm waste electric generating equip-
    13  ment located and used at his or her "farm operation," as  such  term  is
    14  defined  in subdivision eleven of section three hundred one of the agri-
    15  culture and markets law; (iii) a residential  customer  of  an  electric
    16  corporation  who  owns, leases or operates micro-combined heat and power
    17  generating equipment located on the customer's premises; (iv) a residen-
    18  tial customer of an electric corporation, who owns or operates micro-hy-
    19  droelectric generating equipment located and used at his  or  her  resi-
    20  dence;  and  (v)  a  non-residential customer of an electric corporation
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09748-01-9

        A. 5927                             2
 
     1  which owns or operates micro-hydroelectric generating equipment  located
     2  and used at its premises.
     3    (b) "Net energy meter" means a meter that measures the reverse flow of
     4  electricity  to register the difference between the electricity supplied
     5  by an electric corporation to the customer-generator and the electricity
     6  provided to the corporation by that customer-generator.
     7    (c) "Net energy metering" means the use of a net energy meter to meas-
     8  ure, during the billing period applicable to a  customer-generator,  the
     9  net  amount  of  electricity  supplied  by  an  electric corporation and
    10  provided to the corporation by a customer-generator.
    11    (d) "Solar electric generating equipment" means a photovoltaic  system
    12  (i)  with  a rated capacity of not more than two thousand kilowatts; and
    13  (ii) that is manufactured, installed, and operated  in  accordance  with
    14  applicable  government  and industry standards, that is connected to the
    15  electric system and operated in parallel with an electric  corporation's
    16  transmission  and  distribution  facilities,  and  that  is  operated in
    17  compliance with any standards and requirements  established  under  this
    18  section.
    19    (e)  "Farm  waste  electric generating equipment" means equipment that
    20  generates  electric  energy  from  biogas  produced  by  the   anaerobic
    21  digestion  of  agricultural  waste,  such  as  livestock manure, farming
    22  wastes and food processing wastes with a rated capacity of not more than
    23  two thousand kilowatts, that is:
    24    (i) manufactured, installed, and operated in accordance with  applica-
    25  ble government and industry standards;
    26    (ii) connected to the electric system and operated in conjunction with
    27  an electric corporation's transmission and distribution facilities;
    28    (iii)  operated  in  compliance  with  any  standards and requirements
    29  established under this section;
    30    (iv) fueled at a minimum of ninety  percent  on  an  annual  basis  by
    31  biogas  produced from the anaerobic digestion of agricultural waste such
    32  as livestock manure materials, crop residues, and food processing waste;
    33  and
    34    (v) fueled by biogas generated by anaerobic digestion  with  at  least
    35  fifty  percent by weight of its feedstock being livestock manure materi-
    36  als on an annual basis.
    37    (f) "Micro-combined heat and  power  generating  equipment"  means  an
    38  integrated,  cogenerating  building  heating and electrical power gener-
    39  ation system, operating on any fuel and of any applicable  engine,  fuel
    40  cell,  or  other technology, with a rated capacity of at least one kilo-
    41  watt and not more than ten kilowatts electric  and  any  thermal  output
    42  that  at  full  load  has  a  design  total  fuel  use efficiency in the
    43  production of heat and electricity of not less than eighty percent,  and
    44  annually  produces at least two thousand kilowatt hours of useful energy
    45  in the form of electricity that may work  in  combination  with  supple-
    46  mental  or  parallel conventional heating systems, that is manufactured,
    47  installed and operated in  accordance  with  applicable  government  and
    48  industry  standards,  that is connected to the electric system and oper-
    49  ated in conjunction with  an  electric  corporation's  transmission  and
    50  distribution facilities.
    51    (g) "Fuel cell electric generating equipment" means:
    52    (i) a solid oxide, molten carbonate, proton exchange membrane or phos-
    53  phoric  acid  fuel  cell with a combined rated capacity of not more than
    54  two thousand kilowatts; and
    55    (ii) that is manufactured, installed and operated in  accordance  with
    56  applicable  government  and industry standards, that is connected to the

        A. 5927                             3
 
     1  electric system and operated in parallel with an electric  corporation's
     2  transmission  and  distribution  facilities,  and  that  is  operated in
     3  compliance with any standards and requirements  established  under  this
     4  section.
     5    (h)  "Micro-hydroelectric  generating equipment" means a hydroelectric
     6  system (i) (A) in the case of  a  residential  customer,  with  a  rated
     7  capacity  of not more than twenty-five kilowatts; and (B) in the case of
     8  a non-residential customer, with a rated capacity of not more  than  two
     9  thousand  kilowatts; and (ii) that is manufactured, installed, and oper-
    10  ated in accordance with applicable government  and  industry  standards,
    11  that  is  connected  to  the electric system and operated in conjunction
    12  with an electric corporation's transmission and distribution facilities,
    13  and that is operated in compliance with any standards  and  requirements
    14  established under this section.
    15    (i)  "Wind  electric  generating  equipment" means a wind generator or
    16  generators with a combined rated capacity of not more than two  thousand
    17  kilowatts  that  is  manufactured,  installed and operated in accordance
    18  with applicable government and industry standards, that is connected  to
    19  the  electric  system  and  operated in parallel with an electric corpo-
    20  ration's transmission and distribution facilities, and that is  operated
    21  in compliance with any standards and requirements established under this
    22  section.
    23    (j)  "Electric corporation" means any public or privately owned entity
    24  that offers retail electrical service to end-use electric consumers.
    25    (k) "Eligible technologies" means the solar, wind, fuel cell  or  farm
    26  waste electric generating equipment.
    27    2.  Interconnection  and  net energy metering. An electric corporation
    28  shall provide for the interconnection of eligible  technologies,  micro-
    29  combined  heat  and  power generating equipment, and micro-hydroelectric
    30  generating equipment owned or operated by a customer-generator  and  for
    31  net  energy metering, provided that the customer-generator enters into a
    32  net energy metering contract with the corporation or complies  with  the
    33  corporation's  net  energy metering schedule and complies with standards
    34  and requirements established under this section.
    35    3. Conditions of service. (a) 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    (b) An electric corporation shall  impose  no  other  charge  or  fee,
    43  including, but not limited to, back-up, stand by and demand charges, for
    44  the  provision of net energy metering to a customer-generator, except as
    45  provided in paragraph (d) of subdivision four of this section.
    46    (c) A customer who owns or operates a farm operation as such  term  is
    47  defined  in subdivision eleven of section three hundred one of the agri-
    48  culture and markets law, or a residential customer-generator as  defined
    49  by  subparagraph  (iii)  of  paragraph  (a)  of  subdivision one of this
    50  section that locates solar electric generating equipment or  farm  waste
    51  electric  generating equipment with a net energy meter on property owned
    52  or leased by such customer-generator may designate all or a  portion  of
    53  the  net  metering  credits generated by such equipment to meters at any
    54  property owned or leased by such customer-generator within  the  service
    55  territory  of  the  same  electric  corporation  to  which the customer-
    56  generator's net energy meters are interconnected and  being  within  the

        A. 5927                             4
 
     1  same  load zone as determined by the location based marginal price as of
     2  the date of initial request by the  customer-generator  to  conduct  net
     3  metering.  The  electric  corporation  will  credit  the accounts of the
     4  customer  by  applying  any credits to the highest use meter first, then
     5  subsequent highest use meters until all such credits are  attributed  to
     6  the  customer. Any excess credits shall be carried over to the following
     7  month.
     8    (d) A customer who owns or operates a farm operation as such  term  is
     9  defined  in subdivision eleven of section three hundred one of the agri-
    10  culture and markets law,  or  a  non-residential  customer-generator  as
    11  defined  by subparagraph (v) of paragraph (a) of subdivision one of this
    12  section that locates micro-hydroelectric generating equipment with a net
    13  energy meter on property owned or leased by such customer-generator  may
    14  designate all or a portion of the net metering credits generated by such
    15  equipment  to  meters  at any property owned or leased by such customer-
    16  generator within the service territory of the same electric  corporation
    17  to  which  the customer-generator's net energy meters are interconnected
    18  and being within the same load zone as determined by the location  based
    19  marginal price as of the date of initial request by the customer-genera-
    20  tor  to  conduct  net metering. The electric corporation will credit the
    21  accounts of the customer by applying any  credits  to  the  highest  use
    22  meter  first,  then subsequent highest use meters until all such credits
    23  are attributed to the customer. Any excess credits shall be carried over
    24  to the following month.
    25    4. Rates. An electric corporation shall use  net  energy  metering  to
    26  measure  and  charge for the net electricity supplied by the corporation
    27  and provided to the corporation by a  customer-generator,  according  to
    28  these requirements:
    29    (a) In the event that the amount of electricity supplied by the corpo-
    30  ration  during  the  billing  period  exceeds  the amount of electricity
    31  provided by a  customer-generator,  the  corporation  shall  charge  the
    32  customer-generator for the net electricity supplied at the same rate per
    33  kilowatt  hour  applicable to service provided to other customers in the
    34  same service class which do not generate electricity onsite.
    35    (b) In the event that the amount of electricity produced by a  custom-
    36  er-generator during the billing period exceeds the amount of electricity
    37  used  by the customer-generator, the corporation shall apply a credit to
    38  the next bill for service to the customer-generator for  the  net  elec-
    39  tricity  provided  at  the  same  rate  per  kilowatt hour applicable to
    40  service provided to other customers in the same service class  which  do
    41  not  generate  electricity  onsite,  except  for micro-combined heat and
    42  power or fuel cell customer-generators, who  will  be  credited  at  the
    43  corporation's  avoided costs. The avoided cost credit provided to micro-
    44  combined heat and power or fuel cell customer-generators shall be treat-
    45  ed for ratemaking purposes as a purchase of electricity  in  the  market
    46  that is includable in commodity costs.
    47    (c)  At the end of the year or annualized over the period that service
    48  is supplied by means of  net  energy  metering,  the  corporation  shall
    49  promptly issue payment at its avoided cost to the customer-generator, as
    50  defined  in subparagraph (i) or (ii) of paragraph (a) of subdivision one
    51  of this section, for the value of any remaining credit  for  the  excess
    52  electricity  produced  during  the year or over the annualized period by
    53  the customer-generator.
    54    (d) In the event that the corporation imposes charges based  on  kilo-
    55  watt  demand  on  customers  who  are  in  the same service class as the
    56  customer-generator but which do not generate electricity  on  site,  the

        A. 5927                             5
 
     1  corporation may impose the same charges at the same rates to the custom-
     2  er-generator,  provided,  however,  that  the  kilowatt  demand for such
     3  demand charges is determined by the  maximum  measured  kilowatt  demand
     4  actually  supplied  by  the corporation to the customer-generator during
     5  the billing period.
     6    (e) Net energy metering shall be accomplished  using  a  single  meter
     7  capable  of  registering  the  flow of electricity in two directions. An
     8  additional meter or meters to monitor the flow of  electricity  in  each
     9  direction   may be installed with the consent of the customer-generator,
    10  at the expense of the electric corporation, and the additional  metering
    11  shall  be  used  only to provide the information necessary to accurately
    12  bill or credit the customer-generator pursuant to paragraph (f) of  this
    13  subdivision,  or to collect system performance information on the eligi-
    14  ble technology for research purposes. If the existing  electrical  meter
    15  of  an  eligible customer-generator is not capable of measuring the flow
    16  of electricity in two directions and provided the reason  the  meter  is
    17  not  capable  of  measuring  the  flow  in two directions is not related
    18  either to a mechanical device installed by an  electric  corporation  or
    19  such  corporation's  selection  of  a meter without this capability when
    20  other meters capable  of  measuring  the  flow  of  electricity  in  two
    21  directions were available to the electric corporation, the customer-gen-
    22  erator  shall be responsible for all expenses involved in purchasing and
    23  installing a meter that is able to measure the flow  of  electricity  in
    24  two directions.  If an additional meter or meters are installed, the net
    25  energy  metering calculation shall yield a result identical to that of a
    26  single meter.
    27    (f) Every electric corporation shall develop a  standard  contract  or
    28  tariff  providing  for net energy metering, and shall make this contract
    29  available to eligible customer-generators, upon request. Every  electric
    30  corporation  shall  ensure that requests for establishment of net energy
    31  metering are processed in a time period not exceeding that for similarly
    32  situated customers requesting new electric service, but  not  to  exceed
    33  one  month  from  the date the electric corporation receives a completed
    34  application form from an eligible  customer-generator.  If  an  electric
    35  corporation  is unable to process the request within the allowable time-
    36  frame, the electric corporation shall notify the  customer-generator  of
    37  the  reason  for  its  inability to process the request and the date the
    38  request will be completed. Every electric  corporation  shall  make  all
    39  necessary  forms  and  contracts  for  net energy metering available for
    40  download from the internet.
    41    (g) Each net energy metering contract or tariff  shall  be  identical,
    42  with  respect  to  rate  structure,  all  retail rate components and any
    43  monthly charges, to the contract or tariff to which  the  same  customer
    44  would  be assigned if such customer was not an eligible customer-genera-
    45  tor, except that eligible  customer-generators  shall  not  be  assessed
    46  standby  charges  on the electrical generating capacity or the kilowatt-
    47  hour production of an eligible technology. The charges  for  all  retail
    48  rate  components  for eligible customer-generators shall be based exclu-
    49  sively on the customer-generator's net kilowatt-hour consumption over  a
    50  twelve  month  period, without regard to the customer-generator's choice
    51  of electric corporation. Any new or additional  demand  charge,  standby
    52  charge,  customer charge, minimum monthly charge, interconnection charge
    53  or other charge that would  increase  an  eligible  customer-generator's
    54  costs  beyond  those  of  other customers in the rate class to which the
    55  eligible customer-generator would otherwise be assigned are contrary  to

        A. 5927                             6
 
     1  the  intent  of  this  section,  and shall not form a part of net energy
     2  metering contracts or tariffs.
     3    (h)  For all eligible customer-generators taking service under tariffs
     4  employing "time of use" rates, any net monthly consumption of  electric-
     5  ity shall be calculated according to the terms of the contract or tariff
     6  which  the  same customer would be assigned to or be eligible for if the
     7  customer was not an eligible customer-generator. When those same custom-
     8  er-generators are net generators during any discrete time of use period,
     9  the net kilowatt-hours produced shall be valued at the  same  price  per
    10  kilowatt-hour  as the electric corporation would charge for retail kilo-
    11  watt-hour sales during that same time of use period and that value shall
    12  be applied as a credit to any of the discrete time of use periods  under
    13  the  tariff. If the eligible customer-generator's time of use electrical
    14  meter is unable to measure the flow of electricity  in  two  directions,
    15  the provisions of paragraph (d) of this subdivision shall apply.
    16    5. Safety standards. (a) On or before three months after the effective
    17  date  of  paragraph (b) of this subdivision, the commission shall estab-
    18  lish standards for interconnection of generators,  taking  into  account
    19  applicable  industry  standards  including IEEE 1541, and best practices
    20  included in the Interstate Renewable Energy  Council's  model  intercon-
    21  nection  rules MR-12005. Such standards shall not be more restrictive of
    22  interconnection than standards established in FERC Orders 2006 and 2006a
    23  as of the effective date of paragraph (b) of this subdivision.
    24    (b) The commission shall promulgate regulations ensuring that  simpli-
    25  fied  contracts  will be used for the interconnection of generators that
    26  have a production capacity not  exceeding  two  thousand  kilowatts  and
    27  shall  consider  the  best  practices  for  consumer  friendly contracts
    28  adopted by national  associations  of  state  utility  regulators.  Such
    29  contracts  shall  not  require liability or other insurance in excess of
    30  what is typically carried by customer-generators for general liability.
    31    6. Safety standards; non-residential solar electric generating  equip-
    32  ment  and  micro-hydroelectric  generating  equipment.  (a) On or before
    33  three months after the effective date of this subdivision, each electric
    34  corporation shall establish standards that are necessary for net  energy
    35  metering  and  the  interconnection  of  non-residential  solar electric
    36  generating equipment or micro-hydroelectric generating equipment to  its
    37  system  and  that  the commission shall determine are necessary for safe
    38  and adequate service and further the public policy  set  forth  in  this
    39  section. Such standards may include but shall not be limited to:
    40    (i)  equipment necessary to isolate automatically the solar generating
    41  system or micro-hydroelectric  generating  equipment  from  the  utility
    42  system for voltage and frequency deviations; and
    43    (ii) a manual lockable disconnect switch provided by the customer-gen-
    44  erator which shall be located on the outside of the customer-generator's
    45  premises  and  externally  accessible  for  the purpose of isolating the
    46  solar electric generating equipment  or  micro-hydroelectric  generating
    47  equipment.
    48    (b)  In  the  event  that the total rated generating capacity of solar
    49  electric generating equipment or micro-hydroelectric  generating  equip-
    50  ment  that  provides electricity to the electric corporation through the
    51  same local feeder line exceeds twenty percent of the rated  capacity  of
    52  the  local feeder line, the electric corporation may require the custom-
    53  er-generator to comply with reasonable measures to ensure safety of  the
    54  local feeder line.
    55    (c)  Unless otherwise determined to be necessary by the commission, an
    56  electric corporation may not require a customer-generator to comply with

        A. 5927                             7
 
     1  additional safety or performance standards, perform  or  pay  for  addi-
     2  tional  tests,  or purchase additional liability insurance provided that
     3  the solar electric generating equipment or micro-hydroelectric  generat-
     4  ing  equipment  meets  the safety standards established pursuant to this
     5  subdivision.
     6    (d) Upon its own motion or upon a complaint, the  commission,  or  its
     7  designated  representative,  may investigate and make a determination as
     8  to the reasonableness and necessity of the standards  or  responsibility
     9  for compliance with the standards.
    10    7.  Electric  restructuring.  Notwithstanding  the  provisions of this
    11  section, a customer-generator shall comply with any applicable  determi-
    12  nations  of  the  commission  relating  to restructuring of the electric
    13  industry.
    14    8. Severability of provisions. The provisions of this section shall be
    15  severable and if the application of  any  clause,  sentence,  paragraph,
    16  subdivision,  section,  or  part  thereof  to any person or circumstance
    17  shall be adjudged by any court of competent jurisdiction to be  invalid,
    18  such  judgment  shall  not necessarily affect, impair, or invalidate the
    19  application  of  any  such  clause,  sentence,  paragraph,  subdivision,
    20  section,  part  or  remainder  thereof, as the case may be, to any other
    21  person or circumstance, but shall be confined in its  operation  to  the
    22  clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
    23  directly involved in the controversy in which such judgment  shall  have
    24  been rendered.
    25    §  2. Subdivision (h) of section 1020-g of the public authorities law,
    26  as amended by chapter 546 of the laws of 2011, is  amended  to  read  as
    27  follows:
    28    (h)  To  implement  programs  and policies designed to provide for the
    29  interconnection of: (i) [(A)] solar, wind, fuel cell or farm waste elec-
    30  tric generating equipment owned or operated by  [residential  customers,
    31  (B)  farm  waste  electric  generating  equipment  owned  or operated by
    32  customer-generators, (C) solar electric generating  equipment  owned  or
    33  operated  by  non-residential  customers, (D)] customer-generators, (ii)
    34  micro-combined heat and power  generating  equipment  owned,  leased  or
    35  operated by residential customers, [(E)] (iii) fuel cell electric gener-
    36  ating  equipment owned, leased or operated by residential customers, and
    37  [(F)] (iv) micro-hydroelectric generating  equipment  owned,  leased  or
    38  operated  by  customer-generators and for net energy metering consistent
    39  with section sixty-six-j of the public  service  law,  to  increase  the
    40  efficiency  of  energy  end  use,  to  shift demand from periods of high
    41  demand to periods of low demand and to  facilitate  the  development  of
    42  cogeneration[;  and  (ii)  wind  electric  generating equipment owned or
    43  operated by customer-generators and for net energy  metering  consistent
    44  with section sixty-six-l of the public service law].
    45    § 3. This act shall take effect immediately.
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