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

                                 8798--A

                          I N  A S S E M B L Y

                            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:

  Section 1. Subparagraphs (vii) and (viii) of paragraph (a) of subdivi-
sion 1 of section 66-j of the public service law, subparagraph (vii)  as
added  and  subparagraph (viii) as amended by chapter 546 of the laws of
2011 and as redesignated by chapter 318 of the laws of 2012, are amended
and a new subparagraph (ix) is added to read as follows:
  (vii) a residential customer of an electric corporation, who  owns  or
operates  micro-hydroelectric  generating  equipment located and used at
his or her residence; [and] (viii)  a  non-residential  customer  of  an
electric corporation which owns or operates micro-hydroelectric generat-
ing  equipment located and used at its premises[.]; AND (IX) A NON-RESI-
DENTIAL CUSTOMER OF AN ELECTRIC CORPORATION WHICH OWNS OR OPERATES  FARM
WASTE ELECTRIC GENERATING EQUIPMENT LOCATED AND USED AT ITS PREMISES.
  S  2.  Subparagraph (iii) of paragraph (c) of subdivision 3 of section
66-j of the public service law, as separately amended  by  chapters  530
and 546 of the laws of 2011, is amended to read as follows:
  (iii)  In the case of a non-residential customer-generator who owns or
operates solar electric  generating  equipment  or  fuel  cell  electric
generating equipment or micro-hydroelectric generating equipment OR FARM
WASTE  GENERATING  EQUIPMENT  AS DESCRIBED IN SUBPARAGRAPH (IX) OF PARA-
GRAPH (A) OF SUBDIVISION ONE OF THIS SECTION, with a rated  capacity  of
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

cost shall be as determined  by  the  electric  corporation  subject  to
review, upon the request of such customer-generator, by the department.
  S  3.  Subdivision  3  of  section  66-j  of the public service law is
amended by adding a new paragraph (h) to read as follows:
  (H) A NON-RESIDENTIAL CUSTOMER-GENERATOR AS  DEFINED  BY  SUBPARAGRAPH
(IX)  OF  PARAGRAPH  (A) OF SUBDIVISION ONE OF THIS SECTION THAT LOCATES
FARM WASTE GENERATING EQUIPMENT WITH A NET METER ON  PROPERTY  OWNED  OR
LEASED  BY SUCH CUSTOMER-GENERATOR MAY DESIGNATE ALL OR A PORTION OF THE
NET METERING CREDITS GENERATED BY SUCH EQUIPMENT TO METERS AT ANY  PROP-
ERTY  OWNED  OR  LEASED  BY  SUCH  CUSTOMER-GENERATOR WITHIN THE SERVICE
TERRITORY   OF   THE   SAME   ELECTRIC   CORPORATION   TO   WHICH    THE
CUSTOMER-GENERATOR'S  NET  ENERGY  METERS  ARE  INTERCONNECTED AND BEING
WITHIN THE SAME LOAD ZONE AS DETERMINED BY THE LOCATION  BASED  MARGINAL
PRICE  AS  OF  THE  DATE OF INITIAL REQUEST BY THE CUSTOMER-GENERATOR TO
CONDUCT NET METERING. THE ELECTRIC CORPORATION WILL CREDIT THE  ACCOUNTS
OF  THE CUSTOMER BY APPLYING ANY CREDITS TO THE HIGHEST USE METER FIRST,
THEN SUBSEQUENT HIGHEST USE METERS UNTIL ALL SUCH CREDITS ARE ATTRIBUTED
TO THE CUSTOMER. ANY EXCESS CREDITS SHALL BE CARRIED OVER TO THE FOLLOW-
ING MONTH.
  S 4. Paragraphs (b) and (c) of subdivision 4 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:
  (b) In the event that the amount of electricity produced by a  custom-
er-generator during the billing period exceeds the amount of electricity
used  by the customer-generator, the corporation shall apply a credit to
the next bill for service to the customer-generator for  the  net  elec-
tricity  provided  at  the  same  rate  per  kilowatt hour applicable to
service provided to other customers in the same service class  which  do
not  generate  electricity  onsite,  except  for micro-combined heat and
power or fuel cell customer-generators OR FARM WASTE  GENERATING  EQUIP-
MENT  CUSTOMER-GENERATORS AS DESCRIBED IN SUBPARAGRAPH (IX) OF PARAGRAPH
(A) OF SUBDIVISION ONE OF THIS SECTION, who  will  be  credited  at  the
corporation's  avoided costs. The avoided cost credit provided to micro-
combined heat and power or fuel cell customer-generators OR  FARM  WASTE
GENERATING  EQUIPMENT  CUSTOMER-GENERATORS  AS DESCRIBED IN SUBPARAGRAPH
(IX) OF PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION shall be treat-
ed for ratemaking purposes as a purchase of electricity  in  the  market
that is includable in commodity costs.
  (c)  At the end of the year or annualized over the period that service
is supplied by means of  net  energy  metering,  the  corporation  shall
promptly issue payment at its avoided cost to the customer-generator, as
defined  in  subparagraph  (i)  [or],  (ii)  OR (IX) of paragraph (a) of
subdivision one of this section, for the value of any  remaining  credit
for  the excess electricity produced during the year or over the annual-
ized period by the customer-generator.
  S 5. This act shall take effect immediately.