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A08798 Summary:

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A08798 Floor Votes:

A08798 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8798--A
 
                   IN ASSEMBLY
 
                                    February 14, 2014
                                       ___________
 
        Introduced  by  M.  of  A.  PAULIN, JAFFEE, SKARTADOS, BRINDISI, TITONE,
          ZEBROWSKI, GUNTHER, GALEF, CRESPO, GOTTFRIED, LUPARDO, CAHILL, MOYA --
          Multi-Sponsored by -- M. of A. COOK, GLICK,  MAGEE,  RIVERA,  SCHIMEL,
          SCHIMMINGER,  THIELE  --  read  once  and referred to the Committee on
          Energy -- reported and referred to the Committee on Ways and Means  --

          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 standards for non-residential customers with farm  waste  electric
          generating equipment
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subparagraphs (vii) and (viii) of paragraph (a) of subdivi-
     2  sion 1 of section 66-j of the public service law, subparagraph (vii)  as
     3  added  and  subparagraph (viii) as amended by chapter 546 of the laws of
     4  2011 and as redesignated by chapter 318 of the laws of 2012, are amended
     5  and a new subparagraph (ix) is added to read as follows:
     6    (vii) a residential customer of an electric corporation, who  owns  or

     7  operates  micro-hydroelectric  generating  equipment located and used at
     8  his or her residence; [and] (viii)  a  non-residential  customer  of  an
     9  electric corporation which owns or operates micro-hydroelectric generat-
    10  ing  equipment located and used at its premises[.]; and (ix) a non-resi-
    11  dential customer of an electric corporation which owns or operates  farm
    12  waste electric generating equipment located and used at its premises.
    13    §  2.  Subparagraph (iii) of paragraph (c) of subdivision 3 of section
    14  66-j of the public service law, as separately amended  by  chapters  530
    15  and 546 of the laws of 2011, is amended to read as follows:
    16    (iii)  In the case of a non-residential customer-generator who owns or
    17  operates solar electric  generating  equipment  or  fuel  cell  electric

    18  generating equipment or micro-hydroelectric generating equipment or farm
    19  waste  generating  equipment  as described in subparagraph (ix) of para-
    20  graph (a) of subdivision one of this section, with a rated  capacity  of
    21  more  than  twenty-five kilowatts located and used at its premises, such
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11916-04-4
        A. 8798--A                          2
 
     1  cost shall be as determined  by  the  electric  corporation  subject  to
     2  review, upon the request of such customer-generator, by the department.
     3    §  3.  Subdivision  3  of  section  66-j  of the public service law is

     4  amended by adding a new paragraph (h) to read as follows:
     5    (h) A non-residential customer-generator as  defined  by  subparagraph
     6  (ix)  of  paragraph  (a) of subdivision one of this section that locates
     7  farm waste generating equipment with a net meter on  property  owned  or
     8  leased  by such customer-generator may designate all or a portion of the
     9  net metering credits generated by such equipment to meters at any  prop-
    10  erty  owned  or  leased  by  such  customer-generator within the service
    11  territory of the  same  electric  corporation  to  which  the  customer-
    12  generator's  net  energy  meters are interconnected and being within the
    13  same load zone as determined by the location based marginal price as  of

    14  the  date  of  initial  request by the customer-generator to conduct net
    15  metering. The electric corporation  will  credit  the  accounts  of  the
    16  customer  by  applying  any credits to the highest use meter first, then
    17  subsequent highest use meters until all such credits are  attributed  to
    18  the  customer. Any excess credits shall be carried over to the following
    19  month.
    20    § 4. Paragraphs (b) and (c) of subdivision 4 of section  66-j  of  the
    21  public  service  law, as amended by chapter 355 of the laws of 2009, are
    22  amended to read as follows:
    23    (b) In the event that the amount of electricity produced by a  custom-
    24  er-generator during the billing period exceeds the amount of electricity
    25  used  by the customer-generator, the corporation shall apply a credit to

    26  the next bill for service to the customer-generator for  the  net  elec-
    27  tricity  provided  at  the  same  rate  per  kilowatt hour applicable to
    28  service provided to other customers in the same service class  which  do
    29  not  generate  electricity  onsite,  except  for micro-combined heat and
    30  power or fuel cell customer-generators or farm waste  generating  equip-
    31  ment  customer-generators as described in subparagraph (ix) of paragraph
    32  (a) of subdivision one of this section, who  will  be  credited  at  the
    33  corporation's  avoided costs. The avoided cost credit provided to micro-
    34  combined heat and power or fuel cell customer-generators or  farm  waste
    35  generating  equipment  customer-generators  as described in subparagraph
    36  (ix) of paragraph (a) of subdivision one of this section shall be treat-

    37  ed for ratemaking purposes as a purchase of electricity  in  the  market
    38  that is includable in commodity costs.
    39    (c)  At the end of the year or annualized over the period that service
    40  is supplied by means of  net  energy  metering,  the  corporation  shall
    41  promptly issue payment at its avoided cost to the customer-generator, as
    42  defined  in  subparagraph  (i)  [or],  (ii)  or (ix) of paragraph (a) of
    43  subdivision one of this section, for the value of any  remaining  credit
    44  for  the excess electricity produced during the year or over the annual-
    45  ized period by the customer-generator.
    46    § 5. This act shall take effect immediately.