NY State Assembly Bill 2009-A10244

Assembly Bill A10244

2009-2010 Legislative Session

Provides that credits for excess electricity generated by customer-generators subject to net energy metering may be carried over and used to offset electricity used

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Archive: Last Bill Status - In Assembly Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 08, 2010	reported referred to rules
Apr 26, 2010	print number 10244a
Apr 26, 2010	amend and recommit to energy
Mar 12, 2010	referred to energy

Bill Amendments

Original

A (Active)

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multi-Sponsors

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2009-A10244 - Details

Current Committee:: Assembly Rules
Law Section:: Public Service Law
Laws Affected:: Amd §§66-j & 66-l, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A5521
2013-2014: A5822
2015-2016: A3096
2017-2018: A5527
2019-2020: A4639
2021-2022: A5530

2009-A10244 - Summary

Provides that credits for excess electricity generated by customer-generators subject to net energy metering by an electric corporation may be carried over indefinitely and used against any charges imposed by an electric corporation when the customer-generator uses more electricity than such customer generates; provides for the accounting of credits once every 5 years and the electric corporation shall reimburse the customer-generator for the accumulated credits.

2009-A10244 - Sponsor Memo

                                BILL NUMBER:A10244

TITLE  OF BILL:   An act to amend the public service law, in relation to
credit for electricity generated by a customer-generator subject to  net
energy metering

PURPOSE:  To  provide  that  credits for excess electricity generated by
customer-generators subject to net metering may be carried over and used
to offset electricity used.

SUMMARY OF PROVISIONS: Section 1 amends subdivision 4 of section 66-j of
the Public Service Law, as amended by Chapter 355 of the laws of 2009.

Section 2 amends subdivision 4 of section 66-1  of  the  Public  Service
Law,  as  amended by Chapter 721 of the laws of 2006, paragraphs (b) and
(c) as amended and paragraph (d) as added by Chapter 483 of the laws  of
2008.

JUSTIFICATION:    New  York  State's  net  metering law allows a utility
customer with an on-site electric generating system using solar or  wind
to  send  any  excess power that they generate back to the utility grid,
receiving an equal credit against their own usage. Customers are credit-
ed for the excess energy they produce at the retail rate, and the  cred-
its  can  be  rolled  over  from  month to month for a year. If there is
excess electricity generator by the customer generator at the end of the
year or annualized period of service, the utility pays  for  this  elec-

tricity  at  the avoided cost rate. Avoided cost is the cost the utility
would have incurred for producing the same amount of power-less than the
retail rate.

Under this legislation, net-metered customer-generators can  choose  the
option to carryover the credit that comes from their producing energy in
excess  of what they use and have that credit be aggregated indefinitely
to be used as credit against times when they use more energy  than  they
produce.  In  cases where customer-generators elect to carryover credits
indefinitely, they will be entitled to an accounting  of  those  credits
every five years.

Net-metered  customer generators do not produce excess energy for profit
The electricity that net-metered customer generators put into  the  grid
roughly equals what that customer uses during the periods when they must
use  electricity  from the grid. It is logic and reasonable to allow the
option of carryover of excess electricity credit longer than a 12  month
period  so  that  a customer-generator may take advantage of using their
credits priced at the retail rate. This is  significant  t  because  the
periods  of  time  that  the sun may shine and wind may blow are not the
same from year to year, leaving a customer generator to either make more
or less energy then use in any one year. By giving the  customer-genera-
tor  the  opportunity  to carryover credits over a period of time longer
than a year, the customer generator will be better able to  take  advan-
tage of the natural year to year fluctuations of the sun and wind.

New  York's interconnection and net metering rules are designed to moti-
vate ratepayers to invest in renewable energy sources on  their  proper-
ties by ensuring that customer-generators are compensated for the energy
they  produce.  By  providing  reasonable  and  appropriate benefits for
customers, New York can incentivize customer-generators to contribute to
the  availability of safe, reliable, and affordable electricity and help
protect our environment in New York and reduce our dependence on foreign
fuel sources.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: No fiscal implications.

EFFECTIVE DATE:  This act shall take effect on the first day of  January
next succeeding the date on which it shall have become a law.

2009-A10244 - Bill Text download pdf

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

                                  10244

                          I N  A S S E M B L Y

                             March 12, 2010
                               ___________

Introduced  by  M. of A. ENGLEBRIGHT, HOOPER, FIELDS, BENEDETTO, SKARTA-
  DOS, GORDON, GUNTHER, DelMONTE, GALEF, SCHIMEL, AUBRY, JAFFEE, MAISEL,
  CASTRO, LIFTON, MARKEY, ROSENTHAL -- Multi-Sponsored by --  M.  of  A.
  ALESSI,  BOYLAND,  BRENNAN,  GOTTFRIED,  HYER-SPENCER, MAGEE, McENENY,
  PERRY, REILLY, THIELE, WEISENBERG -- read once  and  referred  to  the
  Committee on Energy

AN  ACT to amend the public service law, in relation to credit for elec-
  tricity generated by a customer-generator subject to net energy meter-
  ing

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

  Section 1. Subdivision 4 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:
  4. Rates. An electric corporation shall use  net  energy  metering  to
measure  and  charge for the net electricity supplied by the corporation
and provided to the corporation by a  customer-generator,  according  to
these requirements:
  (a) In the event that the amount of electricity supplied by the corpo-
ration  during  the  billing  period  exceeds  the amount of electricity
provided by a customer-generator, the corporation shall,  AFTER  DEDUCT-
ING,  FROM  THE AGGREGATE OF UNUSED CREDIT FOR EXCESS ELECTRICITY GENER-
ATED BY SUCH CUSTOMER-GENERATOR PRIOR TO SUCH BILLING PERIOD, AN  AMOUNT
OF  CREDIT  EQUAL  TO THE AMOUNT OF ELECTRICITY SUPPLIED BY THE ELECTRIC
CORPORATION, TO THE EXTENT SUCH CREDIT EXISTS, AND MAY THEREAFTER charge
the customer-generator for the net electricity supplied, AFTER DEDUCTION
OF SUCH CREDITS, 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.
  (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 (I) 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

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

                                                           LBD15384-01-0

A. 10244                            2

service provided to other customers in the same service class  which  do
not  generate electricity onsite, OR (II) AT THE OPTION OF THE CUSTOMER-
GENERATOR, CREDIT SUCH CUSTOMER-GENERATOR  WITH  THE  AMOUNT  OF  EXCESS
KILOWATT  HOURS GENERATED IN EXCESS OF ITS USE, AND SUCH CREDIT SHALL BE
AGGREGATED INDEFINITELY TO BE USED AS CREDIT  AGAINST  CHARGES  INCURRED
PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION; except for micro-combined
heat and power or fuel cell customer-generators, 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 shall  be
treated  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 (I)
promptly issue payment at its avoided cost to the customer-generator, as
defined in subparagraph (i) [or], (ii), (IV) OR (V) 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,  OR (II) AT THE OPTION OF THE
CUSTOMER-GENERATOR, SHALL CONTINUE TO AGGREGATE CREDIT FOR  THE  AVOIDED
COST  FOR AN INDEFINITE PERIOD OF TIME AND CONTINUE TO ALLOW USE OF SUCH
CREDIT TO OFFSET ANY LIABILITY OF THE CUSTOMER-GENERATOR TO THE ELECTRIC
CORPORATION DURING BILLING PERIODS IN WHICH THE ELECTRICITY GENERATED BY
THE CUSTOMER-GENERATOR IS LESS THAN THAT USED BY SUCH CUSTOMER.
  (d) In the event that the corporation imposes charges based  on  kilo-
watt  demand  on  customers  who  are  in  the same service class as the
customer-generator but which do not generate electricity  on  site,  the
corporation may impose the same charges at the same rates to the custom-
er-generator,  provided,  however,  that  the  kilowatt  demand for such
demand charges is determined by the  maximum  measured  kilowatt  demand
actually  supplied  by  the corporation to the customer-generator during
the billing period.
  (E) IN THE EVENT THAT A CUSTOMER-GENERATOR ELECTS TO ALLOW THE  AGGRE-
GATION   OF   ANY   CREDITS   FOR   EXCESS  ELECTRICITY  GENERATED,  THE
CUSTOMER-GENERATOR SHALL BE ENTITLED TO AN ACCOUNTING  OF  SUCH  CREDITS
ONCE EVERY FIVE YEARS AND UPON SUCH ACCOUNTING, THE ELECTRIC CORPORATION
SHALL PROMPTLY ISSUE PAYMENT AT ITS AVOIDED COST TO SUCH CUSTOMER-GENER-
ATOR, AS DEFINED IN SUBPARAGRAPH (I), (II), (IV) OR (V) OF PARAGRAPH (A)
OF SUBDIVISION ONE OF THIS SECTION, FOR THE VALUE OF ANY REMAINING CRED-
IT FOR THE EXCESS ELECTRICITY PRODUCED BY THE CUSTOMER-GENERATOR.
  S  2.  Subdivision  4  of  section  66-l of the public service law, as
amended by chapter 721 of the laws of 2006, paragraphs (b)  and  (c)  as
amended  and  paragraph (d) as added by chapter 483 of the laws of 2008,
is amended to read as follows:
  4. Rates. An electric corporation shall use  net  energy  metering  to
measure  and  charge for the net electricity supplied by the corporation
and provided to the corporation by a  customer-generator,  according  to
the following requirements:
  (a) In the event that the amount of electricity supplied by the corpo-
ration  during  the  billing  period  exceeds  the amount of electricity
provided by a customer-generator, the corporation shall,  AFTER  DEDUCT-
ING,  FROM  THE AGGREGATE OF UNUSED CREDIT FOR EXCESS ELECTRICITY GENER-
ATED BY SUCH CUSTOMER-GENERATOR PRIOR TO SUCH BILLING PERIOD, AN  AMOUNT
OF  CREDIT  EQUAL  TO THE AMOUNT OF ELECTRICITY SUPPLIED BY THE ELECTRIC
CORPORATION, TO THE EXTENT SUCH CREDIT EXISTS, AND MAY THEREAFTER charge
the customer-generator for the net electricity supplied, AFTER DEDUCTION
OF SUCH CREDITS, at the  same  rate  per  kilowatt  hour  applicable  to

A. 10244                            3

service  provided  to other customers in the same service class which do
not generate electricity on site.
  (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 (I) 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 on site, OR (II) AT THE OPTION OF  THE  CUSTOM-
ER-GENERATOR,  CREDIT  SUCH CUSTOMER-GENERATOR WITH THE AMOUNT OF EXCESS
KILOWATT HOURS GENERATED IN EXCESS OF ITS USE, AND SUCH CREDIT SHALL  BE
AGGREGATED  INDEFINITELY  TO  BE USED AS CREDIT AGAINST CHARGES INCURRED
PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION.
  (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 (I)
promptly issue payment at its avoided cost  to  a  residential  or  farm
service customer-generator for the value of any remaining credit for the
excess electricity produced during the year or over the annualized peri-
od   by   such   customer-generator,  OR  (II)  AT  THE  OPTION  OF  THE
CUSTOMER-GENERATOR, SHALL CONTINUE TO AGGREGATE CREDIT FOR  THE  AVOIDED
COST FOR AN INDEFINITE PERIOD OF TIME, AND CONTINUE TO ALLOW USE OF SUCH
CREDIT TO OFFSET ANY LIABILITY OF THE CUSTOMER-GENERATOR TO THE ELECTRIC
CORPORATION DURING BILLING PERIODS IN WHICH THE ELECTRICITY GENERATED BY
THE CUSTOMER-GENERATOR IS LESS THAN THAT USED BY SUCH CUSTOMER.
  (d)  In  the event that the corporation imposes charges based on kilo-
watt demand on customers who are  in  the  same  service  class  as  the
customer-generator  but  which  do not generate electricity on site, the
corporation may impose the same charges at the same rates to the custom-
er-generator, provided, however,  that  the  kilowatt  demand  for  such
demand  charges  is  determined  by the maximum measured kilowatt demand
actually supplied by the corporation to  the  customer-generator  during
the billing period.
  (E)  IN THE EVENT THAT A CUSTOMER-GENERATOR ELECTS TO ALLOW THE AGGRE-
GATION  OF  ANY  CREDITS   FOR   EXCESS   ELECTRICITY   GENERATED,   THE
CUSTOMER-GENERATOR  SHALL  BE  ENTITLED TO AN ACCOUNTING OF SUCH CREDITS
ONCE EVERY FIVE YEARS AND UPON SUCH ACCOUNTING, THE ELECTRIC CORPORATION
SHALL PROMPTLY ISSUE PAYMENT AT ITS AVOIDED COST TO SUCH CUSTOMER-GENER-
ATOR FOR THE VALUE OF ANY REMAINING CREDIT FOR  THE  EXCESS  ELECTRICITY
PRODUCED BY THE CUSTOMER-GENERATOR.
  S  3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2009-A10244A (ACTIVE) - Details

Current Committee:: Assembly Rules
Law Section:: Public Service Law
Laws Affected:: Amd §§66-j & 66-l, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A5521
2013-2014: A5822
2015-2016: A3096
2017-2018: A5527
2019-2020: A4639
2021-2022: A5530

2009-A10244A (ACTIVE) - Summary

2009-A10244A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A10244A

TITLE OF BILL:
An act to amend the public service law, in relation to credit for elec-
tricity generated by a customer-generator subject to net energy metering

PURPOSE:
To provide that credits for excess electricity generated by customer-
generators subject to net metering may be carried over and used to
offset electricity used.

SUMMARY OF PROVISIONS:
Section 1 amends subdivision 4 of section 66-j of the Public Service
Law, as amended by Chapter 355 of the laws of 2009.

Section 2 amends subdivision 4 of section 66-1 of the Public Service
Law, as amended by Chapter 721 of the laws of 2006, paragraphs (b) and
(c) as amended and paragraph (d) as added by Chapter 483 of the laws of
2008.

JUSTIFICATION:
New York State's net metering law allows a utility customer with an
on-site electric generating system using solar or wind to send any
excess power that they generate back to the utility grid, receiving an
equal credit against their own usage. Customers are credited for the
excess energy they produce at the retail rate, and the credits can be

rolled over from month to month for a year. If there is excess electric-
ity generator by the customer generator at the end of the year or annu-
alized period of service, the utility pays for this electricity at the
avoided cost rate. Avoided cost is the cost the utility would have
incurred for producing the same amount of power-less than the retail
rate.

Under this legislation, net-metered customer-generators can choose the
option to carryover the credit that comes from their producing energy in
excess of what. they use and have that credit be aggregated indefinitely
to be used as credit against times when they use more energy than they
produce. In cases where customer-generators elect to carryover credits
indefinitely, they will be entitled to an accounting of those credits
every five years.

Net-metered customer generators do not produce excess energy for profit
The electricity that net-metered customer generators put into the grid
roughly equals what that customer uses during the periods when they must
use electricity from the grid. It is logic and reasonable to allow the
option of carryover of excess electricity credit longer than a 12 month
period so that a customer-generator may take advantage of using their
credits priced at the retail rate. This is significant t because the
periods of time that the sun may shine and wind may blow are not the
same from year to year, leaving a customer generator to either make more
or less energy then use in anyone year. By giving the customer-generator
the opportunity to carryover credits over a period of time longer than a

year, the customer generator will be better able to take advantage of
the natural year to year fluctuations of the sun and wind.

New York's interconnection and net metering rules are designed to moti-
vate ratepayers to invest in renewable energy sources on their proper-
ties by ensuring that customer-generators are compensated for the energy
they produce. By providing reasonable and appropriate benefits for
customers, New York can incentivize customer-generators to contribute to
the availability of safe, reliable, and affordable electricity and help
protect our environment in New York and reduce our dependence on foreign
fuel sources.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
No fiscal implications.

EFFECTIVE DATE:
This act shall take effect on the first day of January next succeeding
the date on which it shall have become a law.

2009-A10244A (ACTIVE) - Bill Text download pdf

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

                                10244--A

                          I N  A S S E M B L Y

                             March 12, 2010
                               ___________

Introduced  by  M. of A. ENGLEBRIGHT, HOOPER, FIELDS, BENEDETTO, SKARTA-
  DOS, GORDON, GUNTHER, DelMONTE, GALEF, SCHIMEL, AUBRY, JAFFEE, MAISEL,
  CASTRO, LIFTON, MARKEY, ROSENTHAL, GABRYSZAK, ESPAILLAT -- Multi-Spon-
  sored by -- M. of A. ALESSI, BOYLAND, BRENNAN, GOTTFRIED,  HYER-SPENC-
  ER, MAGEE, McENENY, PERRY, REILLY, THIELE, WEISENBERG -- read once and
  referred  to  the  Committee  on  Energy -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT to amend the public service law, in relation to credit for elec-
  tricity generated by a customer-generator subject to net energy meter-
  ing

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

  Section 1. Subdivision 4 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:
  4. Rates. An electric corporation shall use  net  energy  metering  to
measure  and  charge for the net electricity supplied by the corporation
and provided to the corporation by a  customer-generator,  according  to
these requirements:
  (a) In the event that the amount of electricity supplied by the corpo-
ration  during  the  billing  period  exceeds  the amount of electricity
provided by a customer-generator, the corporation shall,  AFTER  DEDUCT-
ING,  FROM  THE AGGREGATE OF UNUSED CREDIT FOR EXCESS ELECTRICITY GENER-
ATED BY SUCH CUSTOMER-GENERATOR PRIOR TO SUCH BILLING PERIOD, AN  AMOUNT
OF  CREDIT  EQUAL  TO THE AMOUNT OF ELECTRICITY SUPPLIED BY THE ELECTRIC
CORPORATION, TO THE EXTENT SUCH CREDIT EXISTS, AND MAY THEREAFTER charge
the customer-generator for the net electricity supplied, AFTER DEDUCTION
OF SUCH CREDITS, 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.
  (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 (I) apply a credit

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

                                                           LBD15384-03-0

A. 10244--A                         2

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, OR (II) AT THE OPTION OF THE CUSTOMER-
GENERATOR, CREDIT SUCH CUSTOMER-GENERATOR  WITH  THE  AMOUNT  OF  EXCESS
KILOWATT  HOURS GENERATED IN EXCESS OF ITS USE, AND SUCH CREDIT SHALL BE
AGGREGATED INDEFINITELY TO BE USED AS CREDIT  AGAINST  CHARGES  INCURRED
PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION; except for micro-combined
heat and power or fuel cell customer-generators, 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 shall  be
treated  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 (I)
promptly issue payment at its avoided cost to the customer-generator, as
defined in subparagraph (i) [or], (ii), (IV) OR (V) 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,  OR (II) AT THE OPTION OF THE
CUSTOMER-GENERATOR, SHALL CONTINUE TO AGGREGATE  SUCH  CREDITS,  AT  THE
SAME  RATE PER KILOWATT HOUR APPLICABLE TO THE SERVICE PROVIDED TO OTHER
CUSTOMERS IN THE SAME SERVICE CLASS WHICH DO NOT GENERATE ELECTRICITY ON
SITE, FOR AN INDEFINITE PERIOD OF TIME AND CONTINUE TO ALLOW USE OF SUCH
CREDIT TO OFFSET ANY LIABILITY OF THE CUSTOMER-GENERATOR TO THE ELECTRIC
CORPORATION DURING BILLING PERIODS IN WHICH THE ELECTRICITY GENERATED BY
THE CUSTOMER-GENERATOR IS LESS THAN THAT USED BY SUCH CUSTOMER.
  (d) In the event that the corporation imposes charges based  on  kilo-
watt  demand  on  customers  who  are  in  the same service class as the
customer-generator but which do not generate electricity  on  site,  the
corporation may impose the same charges at the same rates to the custom-
er-generator,  provided,  however,  that  the  kilowatt  demand for such
demand charges is determined by the  maximum  measured  kilowatt  demand
actually  supplied  by  the corporation to the customer-generator during
the billing period.
  (E) IN THE EVENT THAT A CUSTOMER-GENERATOR ELECTS TO ALLOW THE  AGGRE-
GATION   OF   ANY   CREDITS   FOR   EXCESS  ELECTRICITY  GENERATED,  THE
CUSTOMER-GENERATOR SHALL BE ENTITLED TO AN ACCOUNTING  OF  SUCH  CREDITS
ONCE EVERY FIVE YEARS AND UPON SUCH ACCOUNTING, THE ELECTRIC CORPORATION
SHALL PROMPTLY ISSUE PAYMENT AT ITS AVOIDED COST TO SUCH CUSTOMER-GENER-
ATOR, AS DEFINED IN SUBPARAGRAPH (I), (II), (IV) OR (V) OF PARAGRAPH (A)
OF SUBDIVISION ONE OF THIS SECTION, FOR THE VALUE OF ANY REMAINING CRED-
IT FOR THE EXCESS ELECTRICITY PRODUCED BY THE CUSTOMER-GENERATOR.
  S  2.  Subdivision  4  of  section  66-l of the public service law, as
amended by chapter 721 of the laws of 2006, paragraphs (b)  and  (c)  as
amended  and  paragraph (d) as added by chapter 483 of the laws of 2008,
is amended to read as follows:
  4. Rates. An electric corporation shall use  net  energy  metering  to
measure  and  charge for the net electricity supplied by the corporation
and provided to the corporation by a  customer-generator,  according  to
the following requirements:
  (a) In the event that the amount of electricity supplied by the corpo-
ration  during  the  billing  period  exceeds  the amount of electricity
provided by a customer-generator, the corporation shall,  AFTER  DEDUCT-
ING,  FROM  THE AGGREGATE OF UNUSED CREDIT FOR EXCESS ELECTRICITY GENER-
ATED BY SUCH CUSTOMER-GENERATOR PRIOR TO SUCH BILLING PERIOD, AN  AMOUNT

A. 10244--A                         3

OF  CREDIT  EQUAL  TO THE AMOUNT OF ELECTRICITY SUPPLIED BY THE ELECTRIC
CORPORATION, TO THE EXTENT SUCH CREDIT EXISTS, AND MAY THEREAFTER charge
the customer-generator for the net electricity supplied, AFTER DEDUCTION
OF  SUCH  CREDITS,  at  the  same  rate  per kilowatt hour applicable to
service provided to other customers in the same service class  which  do
not generate electricity on site.
  (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 (I) 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 on site, OR (II) AT THE OPTION OF  THE  CUSTOM-
ER-GENERATOR,  CREDIT  SUCH CUSTOMER-GENERATOR WITH THE AMOUNT OF EXCESS
KILOWATT HOURS GENERATED IN EXCESS OF ITS USE, AND SUCH CREDIT SHALL  BE
AGGREGATED  INDEFINITELY  TO  BE USED AS CREDIT AGAINST CHARGES INCURRED
PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION.
  (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 (I)
promptly issue payment at its avoided cost  to  a  residential  or  farm
service customer-generator for the value of any remaining credit for the
excess electricity produced during the year or over the annualized peri-
od   by   such   customer-generator,  OR  (II)  AT  THE  OPTION  OF  THE
CUSTOMER-GENERATOR, SHALL CONTINUE TO AGGREGATE  SUCH  CREDITS,  AT  THE
SAME  RATE PER KILOWATT HOUR APPLICABLE TO THE SERVICE PROVIDED TO OTHER
CUSTOMERS IN THE SAME SERVICE CLASS WHICH DO NOT GENERATE ELECTRICITY ON
SITE, FOR AN INDEFINITE PERIOD OF TIME, AND CONTINUE  TO  ALLOW  USE  OF
SUCH  CREDIT  TO  OFFSET  ANY LIABILITY OF THE CUSTOMER-GENERATOR TO THE
ELECTRIC CORPORATION DURING BILLING PERIODS  IN  WHICH  THE  ELECTRICITY
GENERATED  BY  THE  CUSTOMER-GENERATOR  IS  LESS  THAN THAT USED BY SUCH
CUSTOMER.
  (d) In the event that the corporation imposes charges based  on  kilo-
watt  demand  on  customers  who  are  in  the same service class as the
customer-generator but which do not generate electricity  on  site,  the
corporation may impose the same charges at the same rates to the custom-
er-generator,  provided,  however,  that  the  kilowatt  demand for such
demand charges is determined by the  maximum  measured  kilowatt  demand
actually  supplied  by  the corporation to the customer-generator during
the billing period.
  (E) IN THE EVENT THAT A CUSTOMER-GENERATOR ELECTS TO ALLOW THE  AGGRE-
GATION   OF   ANY   CREDITS   FOR   EXCESS  ELECTRICITY  GENERATED,  THE
CUSTOMER-GENERATOR SHALL BE ENTITLED TO AN ACCOUNTING  OF  SUCH  CREDITS
ONCE EVERY FIVE YEARS AND UPON SUCH ACCOUNTING, THE ELECTRIC CORPORATION
SHALL PROMPTLY ISSUE PAYMENT AT ITS AVOIDED COST TO SUCH CUSTOMER-GENER-
ATOR  FOR  THE  VALUE OF ANY REMAINING CREDIT FOR THE EXCESS ELECTRICITY
PRODUCED BY THE CUSTOMER-GENERATOR.
  S 3. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

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Assembly Bill A10244

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Sponsored By

ENGLEBRIGHT

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Earlene Hooper

Ginny Fields

Michael Benedetto

Frank Skartados

multi-Sponsors

Marc Alessi

William Boyland

James F. Brennan

Richard Gottfried

2009-A10244 - Details

2009-A10244 - Summary

2009-A10244 - Sponsor Memo

2009-A10244 - Bill Text download pdf

co-Sponsors

Earlene Hooper

Ginny Fields

Michael Benedetto

Frank Skartados

multi-Sponsors

Marc Alessi

William Boyland

Phil Boyle

James F. Brennan

2009-A10244A (ACTIVE) - Details

2009-A10244A (ACTIVE) - Summary

2009-A10244A (ACTIVE) - Sponsor Memo

2009-A10244A (ACTIVE) - Bill Text download pdf

Comments