S T A T E   O F   N E W   Y O R K
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                                 7557--A
                                                        Cal. No. 496

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 14, 2009
                               ___________

Introduced by M. of A. CAHILL, ENGLEBRIGHT, GORDON, ROSENTHAL, P. LOPEZ,
  FIELDS  -- Multi-Sponsored by -- M. of A. LENTOL -- (at request of the
  Governor) -- read once and referred to  the  Committee  on  Energy  --
  reported  from  committee,  advanced  to  a third reading, amended and
  ordered reprinted, retaining its place on the order of third reading

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

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

                                                           LBD10574-05-0

A. 7557--A                          2

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
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.