NY State Senate Bill 2009-S6700

Senate Bill S6700

Signed By Governor

2009-2010 Legislative Session

Relates to net energy metering for certain solar and wind electric generating systems

download bill text pdf

Archive: Last Bill Status Via A7557 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 16, 2010	signed chap.7
Mar 05, 2010	delivered to governor
Feb 22, 2010	returned to assembly passed senate 3rd reading cal.89 substituted for s6700
Feb 22, 2010	substituted by a7557a
Feb 09, 2010	advanced to third reading
Feb 08, 2010	2nd report cal.
Feb 02, 2010	1st report cal.89
Jan 28, 2010	referred to energy and telecommunications

Votes

- Feb 22, 2010 - Floor Vote
  A7557
  
  59
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Feb 22, 2010
      
      aye (59)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      excused (2)
      
      Morahan
      
      Skelos
  Feb 2, 2010 - Energy And Telecommunications Committee Vote
  S6700
  
  13
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Energy And Telecommunications Committee Vote: Feb 2, 2010
      
      aye (13)
      
      Adams
      
      Alesi
      
      Aubertine
      
      Griffo
      
      Kruger
      
      Little
      
      Maziarz
      
      Monserrate
      
      Nozzolio
      
      Onorato
      
      Parker
      
      Schneiderman
      
      Valesky

co-Sponsors

View additional co-sponsors

2009-S6700 (ACTIVE) - Details

See Assembly Version of this Bill:: A7557
Law Section:: Public Service Law
Laws Affected:: Amd §§66-j & 66-l, Pub Serv L

2009-S6700 (ACTIVE) - Summary

Relates to energy efficiency and clean energy initiatives of New York power authority.

2009-S6700 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6700

 TITLE OF BILL :

An act to amend the public service law, in relation to net energy
metering for certain solar and wind electric generating systems


 PURPOSE :

This bill would eliminate the peak load limitation on the size of
non-residential solar and wind electric generating equipment eligible
for net metering.

 SUMMARY OF PROVISIONS :

Section 1 of the bill would amend the definition of "solar electric
generating equipment," set forth in Public Service Law (PSL) §
66-j(1)(d), to remove the provision which limited the definition to
equipment with a capacity not greater than the customer's peak load.

Section 2 of the bill would amend PSL § 66-j(3)(c)(i) to provide that
a non-residential customer-generator with equipment rated to not more
than 25 kilowatts would be responsible for the electric corporation's
actual cost of installation of required safety equipment up to $350.
Section 2 of the bill would also amend PSL § 66-j(3)(c)(iii) to

provide that a"non-residential customer-generator with equipment rated
to more than 25 kilowatts would be responsible for the electric
corporation's actual cost of installation of required safety
equipment, and that such cost shall be determined by the electric
corporation and subject to the review by the Department of Public
Service.

Section 3 of the bill would amend the definition of "wind electric
generating equipment," set forth in PSL § 66-1(1)(f), to remove a
provision which limited the definition to equipment with a capacity
not greater than the customer's peak load.

Section 4 of the bill would amend PSL § 66-1(3)(c)(i) to provide that
a residential, farm service, and non-residential customer-generator
with equipment rated to not more than 25 kilowatts would be
responsible for the electric corporation's actual cost of installation
of required safety equipment up to $750. Section 4 of the bill would
also amend PSL § 661(3)(c)(ii) to provide that a farm service
customer-generator with equipment rated to not more than 500 kilowatts
would be responsible for the electric corporation's actual cost of
installation of required safety equipment up to $5,000.  Section 4 of
the bill would also amend PSL § 661(3)(c)(iii) to provide that a
non-residential customer-generator with equipment rated to more than
25 kilowatts would be responsible for the electric corporation's
actual cost of installation of required safety equipment, and that
such cost shall be determined by the electric corporation and subject
to review by the Department of Public Service.

Section 5 of the bill would provide for an immediate effective date.

 EXISTING LAW :

PSL § 66-j provides for the net metering of solar electric generating
and other electric generating systems. PSL § 66-1 provides for the net
metering of wind electric generating systems. Both sections limit net
metering of non-residential solar electric generating equipment and
non-residential wind electric generating equipment to such systems
with rated capacity of the lesser of 2,000 kilowatts or the
customer-generator's peak load as measured over the prior twelve month
period. Both sections also limit the costs certain customer-generators
are required to pay for the electric corporation's installation of
equipment required for the safety and adequacy of electric service
provided to other customers.

 LEGISLATIVE HISTORY :

This is a new bill.

 STATEMENT IN SUPPORT :

Net metering was expanded to non-residential customers in 2008 to
encourage increased deployment of solar electric and wind electric
generation technologies. this expansion was limited to non-residential
customers with system capacity of the lesser of 2,000 kilowatts or
peak load. This limitation hindered the intended expansion of net
metering to non-residential customers. First, not all non-residential
customers have demand meters that allow them to measure peak load.
Second, solar and wind systems should be sized in excess of peak load
in order to effectively offset a reasonable portion of the customer's
annual energy use. This is because peak load is determined as the
highest power used by a customer in a IS-minute interval, but the
highly variable wind and solar systems typically produce electricity
only during a portion of the day.

This bill would encourage greater deployment of renewable energy
generation systems that advance the State's clean energy goals. In
addition to helping to achieve renewable energy goals, on-site solar
and wind generation will also allow the customer to save on energy
costs.

 BUDGET IMPLICATIONS :

This bill would have no impact on the State budget.

 EFFECTIVE DATE :
This bill would take effect immediately.

2009-S6700 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6700

                            I N  S E N A T E

                            January 28, 2010
                               ___________

Introduced  by  Sens. MAZIARZ, AUBERTINE, NOZZOLIO, DeFRANCISCO, GRIFFO,
  O. JOHNSON, LARKIN, LITTLE,  MORAHAN,  PARKER,  SCHNEIDERMAN,  SEWARD,
  STACHOWSKI,  THOMPSON, VALESKY, VOLKER -- (at request of the Governor)
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Energy and Telecommunications

AN ACT to amend the public service law, in relation to net energy meter-
  ing for certain solar and wind electric generating systems

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph  (d)  of  subdivision  1 of section 66-j of the
public service law, as amended by chapter 355 of the laws  of  2009,  is
amended to read as follows:
  (d)  "Solar electric generating equipment" means a photovoltaic system
(i) (A) in the case of a residential customer, with a rated capacity  of
not  more than twenty-five kilowatts; and (B) in the case of a non-resi-
dential customer, with a rated capacity of not more than [the lesser of]
two thousand kilowatts [or such customer's peak load  as  measured  over
the  prior  twelve  month  period, or in the case that such twelve month
period of measurement is  not  available,  then  as  determined  by  the
commission  based  on  its  analysis of comparable facilities]; and (ii)
that is manufactured, installed, and operated in accordance with  appli-
cable  government and industry standards, that is connected to the elec-
tric system and operated in conjunction with an  electric  corporation's
transmission  and  distribution  facilities,  and  that  is  operated in
compliance with any standards and requirements  established  under  this
section.
  S 2.  Subparagraphs (i) and (iii) of paragraph (c) of subdivision 3 of
section 66-j of the public service law, as amended by chapter 355 of the
laws of 2009, are amended to read as follows:
  (i)  In  the  case  of a customer-generator who owns or operates solar
electric generating equipment, micro-combined heat and power  generating
equipment or fuel cell electric generating equipment located and used at
his  or  her residence, OR A NON-RESIDENTIAL CUSTOMER-GENERATOR WHO OWNS
OR OPERATES SOLAR ELECTRIC GENERATING EQUIPMENT WITH A RATED CAPACITY OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD12156-04-0

S. 6700                             2

NOT MORE THAN TWENTY-FIVE KILOWATTS, up to a  maximum  amount  of  three
hundred fifty dollars;
  (iii)  In the case of a non-residential customer-generator who owns or
operates solar electric generating equipment WITH A  RATED  CAPACITY  OF
MORE  THAN  TWENTY-FIVE KILOWATTS located and used at its premises, such
cost shall be as determined  by  the  ELECTRIC  CORPORATION  SUBJECT  TO
REVIEW,  UPON THE REQUEST OF SUCH CUSTOMER-GENERATOR, BY THE department[
pursuant to standards established thereby].
  S 3. Paragraph (f) of subdivision 1 of  section  66-l  of  the  public
service  law,  as amended by chapter 483 of the laws of 2008, is amended
to read as follows:
  (f) "Wind electric generating equipment" means one or more wind gener-
ators with a combined rated capacity of not more than twenty-five  kilo-
watts  for  a  residential  customer-generator,  and  not more than five
hundred kilowatts for a farm service  customer-generator,  and  [in  the
case  of]  NOT  MORE  THAN  TWO THOUSAND KILOWATTS FOR a non-residential
customer-generator[,  the  lesser  of  two  thousand  kilowatts  or  the
customer-generator's  peak  load as measured over the prior twelve month
period, or in the case that such twelve month period of  measurement  is
not  available, then as determined by the commission based on its analy-
sis of comparable facilities];  that  is  manufactured,  installed,  and
operated  in  accordance  with applicable government and industry stand-
ards, that is connected to the electric system and operated in  parallel
with an electric corporation's transmission and distribution facilities,
and  that  is operated in compliance with any standards and requirements
established under this section.
  S 4. Subparagraphs (i), (ii) and (iii) of paragraph (c) of subdivision
3 of section 66-l of the public service law, as amended by  chapter  483
of the laws of 2008, are amended to read as follows:
  (i)  in  the  case  of  a RESIDENTIAL, FARM SERVICE OR NON-RESIDENTIAL
customer-generator with a combined rated capacity of not more than twen-
ty-five kilowatts, up  to  a  maximum  amount  of  seven  hundred  fifty
dollars; and
  (ii)  in the case of a FARM SERVICE customer-generator with a combined
rated capacity of not more than five hundred kilowatts, up to a  maximum
of five thousand dollars; and
  (iii)  in  the  case  of  a  non-residential customer-generator WITH A
COMBINED RATED CAPACITY OF MORE THAN TWENTY-FIVE  KILOWATTS,  such  cost
shall  be  as  determined by the ELECTRIC CORPORATION SUBJECT TO REVIEW,
UPON THE REQUEST OF SUCH CUSTOMER-GENERATOR, BY THE department [pursuant
to standards established thereby].
  S 5. This act shall take effect immediately.

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