Senate Bill S3168

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

                                  3168

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 12, 2009
                               ___________

Introduced  by  Sens.  GRIFFO, LIBOUS -- read twice and ordered printed,
  and when printed to be committed to the Committee on Energy and  Tele-
  communications

AN  ACT  to amend the public service law and the public authorities law,
  in relation to residential net energy metering for micro-combined heat
  and power generating equipment

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

  Section  1.   The section heading and subdivision 1 of section 66-j of
the public service law, the section heading and paragraphs (a), (d)  and
(e)  of  subdivision  1  as  amended by chapter 452 of the laws of 2008,
subdivision 1 as amended by chapter 515 of the laws of  2002  and  para-
graph (b) and the opening paragraph of paragraph (e) of subdivision 1 as
amended by chapter 480 of the laws of 2008, are amended and a new subdi-
vision 6-a is added to read as follows:
  Net  energy metering for residential solar, farm waste or non-residen-
tial solar electric generating systems; AND  RESIDENTIAL  MICRO-COMBINED
HEAT  AND POWER UNDER CERTAIN CIRCUMSTANCES.  1. Definitions. As used in
this section, the following terms shall have the following meanings:
  (a) "Customer-generator" means: (i) a residential customer of an elec-
tric corporation, who owns or operates solar electric generating  equip-
ment  located  and  used  at his or her residence; (ii) a customer of an
electric corporation, who owns or operates farm waste electric  generat-
ing  equipment  located and used at his or her "farm operation," as such
term is defined in subdivision eleven of section three  hundred  one  of
the agriculture and markets law; and (iii) a non-residential customer of
an electric corporation which owns or operates solar electric generating
equipment located and used at its premises.
  (b) "Net energy meter" means a meter that measures the reverse flow of
electricity  to register the difference between the electricity supplied

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03886-01-9

              

S. 3168                             2

by an electric corporation to the customer-generator and the electricity
provided to the corporation by that customer-generator.
  (c) "Net energy metering" means the use of a net energy meter to meas-
ure,  during  the billing period applicable to a customer-generator, the
net amount of  electricity  supplied  by  an  electric  corporation  and
provided to the corporation by a customer-generator.
  (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 manu-
factured, installed, and operated in accordance with applicable  govern-
ment  and  industry  standards, that is connected to the electric 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.
  (e)  "Farm  waste  electric generating equipment" means equipment that
generates  electric  energy  from  biogas  produced  by  the   anaerobic
digestion  of  agricultural  waste,  such  as  livestock manure, farming
wastes and food processing wastes with a rated capacity of not more than
five hundred kilowatts, that is:
  i. manufactured, installed, and operated in accordance with applicable
government and industry standards;
  ii. connected to the electric system and operated in conjunction  with
an electric corporation's transmission and distribution facilities;
  iii. operated in compliance with any standards and requirements estab-
lished under this section;
  iv. fueled at a minimum of ninety percent on an annual basis by biogas
produced  from  the  anaerobic  digestion  of agricultural waste such as
livestock manure materials, crop residues, and  food  processing  waste;
and
  v.  fueled  by  biogas  generated by anaerobic digestion with at least
fifty percent by weight of its feedstock being livestock manure  materi-
als on an annual basis.
  (F)  "MICRO-COMBINED  HEAT  AND  POWER  GENERATING EQUIPMENT" MEANS AN
INTEGRATED, COGENERATING RESIDENTIAL  BUILDING  HEATING  AND  ELECTRICAL
POWER  GENERATION  SYSTEM,  OPERATING  ON ANY FUEL AND OF ANY APPLICABLE
ENGINE, FUEL CELL, OR OTHER TECHNOLOGY, WITH A  RATED  CAPACITY  OF  NOT
MORE  THAN  TEN  KILOWATTS  ELECTRIC AND ANY THERMAL OUTPUT THAT AT FULL
LOAD HAS A DESIGN TOTAL FUEL USE EFFICIENCY  OF  NOT  LESS  THAN  EIGHTY
PERCENT,  AND  THAT  HAS  A MAXIMUM RATE OF USEFUL HEAT ENERGY OUTPUT TO
ELECTRIC ENERGY OUTPUT OF TEN THAT MAY WORK IN COMBINATION WITH  SUPPLE-
MENTAL  OR  PARALLEL CONVENTIONAL HEATING SYSTEMS, THAT IS MANUFACTURED,
INSTALLED, AND OPERATED IN ACCORDANCE  WITH  APPLICABLE  GOVERNMENT  AND
INDUSTRY  STANDARDS,  THAT IS CONNECTED TO THE ELECTRIC SYSTEM AND OPER-
ATED IN CONJUNCTION WITH  AN  ELECTRIC  CORPORATION'S  TRANSMISSION  AND
DISTRIBUTION FACILITIES.
  6-A.  MICRO-COMBINED  HEAT AND POWER GENERATING EQUIPMENT. AN ELECTRIC
CORPORATION MAY PERMIT NET ENERGY METERING FOR MICRO-COMBINED  HEAT  AND
POWER  GENERATING  EQUIPMENT  IN THE SAME MANNER AND SUBJECT TO THE SAME
RULES AND REQUIREMENTS AS ARE SET FORTH IN SUBDIVISIONS TWO, THREE, FOUR
AND FIVE OF THIS SECTION FOR ELIGIBLE TECHNOLOGIES AND ELIGIBLE  CUSTOM-
ER-GENERATORS.

S. 3168                             3

  S  2. Subdivision (h) of section 1020-g of the public authorities law,
as amended by chapter 452 of the laws of 2008, is  amended  to  read  as
follows:
  (h)  To  implement  programs  and policies designed to provide for the
interconnection of: (i) (A) solar electric generating equipment owned or
operated by residential customers, (B) farm  waste  electric  generating
equipment  owned or operated by customer-generators, and (C) solar elec-
tric generating equipment owned or operated by  non-residential  custom-
ers,  and for net energy metering consistent with section sixty-six-j of
the public service law, to increase the efficiency of energy end use, to
shift demand from periods of high demand to periods of low demand and to
facilitate the development of cogeneration;  [and]  (ii)  wind  electric
generating  equipment  owned  or operated by customer-generators and for
net energy metering consistent with section sixty-six-l  of  the  public
service  law; AND (III) RESIDENTIAL MICRO-COMBINED HEAT AND POWER GENER-
ATING EQUIPMENT AND FOR NET  ENERGY  METERING  CONSISTENT  WITH  SECTION
SIXTY-SIX-J OF THE PUBLIC SERVICE LAW.
  S  3.  This  act shall take effect on the thirtieth day after it shall
have become a law.