senate Bill S5443A

Signed By Governor
2011-2012 Legislative Session

Relates to net energy metering standards for non-residential customers

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Archive: Last Bill Status Via A7765 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 23, 2011 signed chap.530
Sep 12, 2011 delivered to governor
Jun 20, 2011 returned to assembly
passed senate
3rd reading cal.1074
substituted for s5443a
Jun 20, 2011 substituted by a7765a
Jun 14, 2011 advanced to third reading
Jun 13, 2011 2nd report cal.
amended 5443a
Jun 07, 2011 1st report cal.1074
May 23, 2011 referred to energy and telecommunications

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

S5443 - Bill Details

See Assembly Version of this Bill:
A7765A
Law Section:
Public Service Law
Laws Affected:
Amd §66-j, Pub Serv L

S5443 - Bill Texts

view summary

Relates to definitions pertaining to net energy metering standards for non-residential customers.

view sponsor memo
BILL NUMBER:S5443

TITLE OF BILL:
An act
to amend the public service law, in relation to net energy metering
standards for non-residential customers

SUBJECT AND PURPOSE:
The purpose of this bill is include fuel cell
generating equipment sited by non-residential electrical customers
into the state's net electrical metering laws.

SUMMARY AND DESCRIPTION OF PROVISIONS:
This bill would allow
non-residential electric customers who own, lease or operate fuel
cell generating equipment at their premises to participate in net
energy metering in a similar manner to residential customers who
generate electricity from such devices.

JUSTIFICATION:
Under this legislation New York will expand on its
pioneering net energy metering law by allowing non-residential
customers who operate fuel cells to participate. Energy intensive
businesses, municipalities and not-for-profit organizations that own
or lease fuel cells would benefit from producing all or a portion of
their energy from these emerging technologies. Currently in
California dozens of large electric users-including several Fortune
500 companies-that own or lease large scale fuel cells are
participating in that state's net energy metering program. If allowed
in New York, energy intensive operations such as data centers,
hospitals and universities would be able meet or exceed their energy
needs with fuel cells while transmitting excess electricity back to
the grid. Crucial to New York's clean energy priorities is a net
energy metering program that includes proven technologies that
reliably produce electricity with zero or reduced emissions of
nitrous oxide, sulfur dioxide, mercury and carbon dioxide.

LEGISLATIVE HISTORY:
This is a new bill

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
Immediately.

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

                                  5443

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 23, 2011
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations

AN ACT to amend the public service law, in relation to net energy meter-
  ing standards for non-residential customers

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

  Section 1. Subparagraphs (iv) and (v) of paragraph (a) of  subdivision
1  of  section 66-j of the public service law, as amended by chapter 355
of the laws of 2009, are amended and a new subparagraph (vi) is added to
read as follows:
  (iv) a residential customer of an electric corporation who owns, leas-
es or  operates  micro-combined  heat  and  power  generating  equipment
located  on the customer's premises; [and] (v) a residential customer of
an electric corporation who owns, leases or operates fuel cell  generat-
ing  equipment located on the customer's premises[.]; AND (VI) A NON-RE-
SIDENTIAL CUSTOMER OF AN ELECTRIC CORPORATION WHO OWNS, LEASES OR  OPER-
ATES  FUEL  CELL GENERATING EQUIPMENT LOCATED AND USED AT THE CUSTOMER'S
PREMISES.
  S 2. Paragraph (g) of subdivision 1 of  section  66-j  of  the  public
service  law, as added by chapter 355 of the laws of 2009, is amended to
read as follows:
  (g) "Fuel cell electric generating equipment" means, IN THE CASE OF  A
RESIDENTIAL  CUSTOMER,  a solid oxide, molten carbonate, proton exchange
membrane or phosphoric acid fuel cell with a combined rated capacity  of
not more than ten kilowatts that is manufactured, installed and operated
in accordance with applicable government and industry standards, that is
connected  to the electric system and operated in parallel with an elec-
tric corporation's transmission and distribution facilities, and that is
operated in compliance with any standards and  requirements  established
under  this  section;  OR  IN  THE CASE OF A NON-RESIDENTIAL CUSTOMER, A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11631-01-1

S. 5443                             2

SOLID OXIDE, MOLTEN CARBONATE, PROTON EXCHANGE  MEMBRANE  OR  PHOSPHORIC
ACID  FUEL CELL WITH A COMBINED RATED CAPACITY OF ANY SIZE 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 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 3. This act shall take effect immediately.

Co-Sponsors

S5443A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7765A
Law Section:
Public Service Law
Laws Affected:
Amd §66-j, Pub Serv L

S5443A (ACTIVE) - Bill Texts

view summary

Relates to definitions pertaining to net energy metering standards for non-residential customers.

view sponsor memo
BILL NUMBER:S5443A

TITLE OF BILL:
An act
to amend the public service law, in relation to net energy metering
standards for non-residential customers

SUBJECT AND PURPOSE:
The purpose of this bill is include fuel cell generating equipment
sited by non-residential electrical customers into the state's net
electrical metering laws.

SUMMARY AND DESCRIPTION OF PROVISIONS:
This bill would allow non-residential electric customers who own,
lease or operate fuel cell generating equipment at their premises to
participate in net energy metering in a similar manner to residential
customers who generate electricity from such devices.

JUSTIFICATION:
Under this legislation New York will expand on its pioneering net
energy metering law by allowing non-residential customers who operate
fuel cells to participate. Energy intensive businesses,
municipalities and not-for-profit organizations that own or lease
fuel cells would benefit from producing all or a portion of their
energy from these emerging technologies. Currently in California
dozens of large electric users-including several Fortune 500
companies-that own or lease large scale fuel cells are participating
in that state's net energy metering program. If allowed in New York,
energy intensive operations such as data centers, hospitals and
universities would be able meet or exceed their energy needs with
fuel cells while transmitting excess electricity back to the grid.
Crucial to New York's clean energy priorities is a net energy
metering program that includes proven technologies that reliably
produce electricity with zero or reduced emissions of nitrous oxide,
sulfur dioxide, mercury and carbon dioxide.

LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5443--A
    Cal. No. 1074

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 23, 2011
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations  --  reported  favorably from said committee, ordered to first
  report, amended on first report, ordered to a second report, and to be
  reprinted as amended, retaining its  place  in  the  order  of  second
  report

AN ACT to amend the public service law, in relation to net energy meter-
  ing standards for non-residential customers

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

  Section 1. Subparagraphs (iv) and (v) of paragraph (a) of  subdivision
1  of  section 66-j of the public service law, as amended by chapter 355
of the laws of 2009, are amended and a new subparagraph (vi) is added to
read as follows:
  (iv) a residential customer of an electric corporation who owns, leas-
es or  operates  micro-combined  heat  and  power  generating  equipment
located  on the customer's premises; [and] (v) a residential customer of
an electric corporation who owns, leases or operates fuel cell  generat-
ing  equipment located on the customer's premises[.]; AND (VI) A NON-RE-
SIDENTIAL CUSTOMER OF AN ELECTRIC CORPORATION WHO OWNS, LEASES OR  OPER-
ATES  FUEL  CELL GENERATING EQUIPMENT LOCATED AND USED AT THE CUSTOMER'S
PREMISES.
  S 2. Paragraph (g) of subdivision 1 of  section  66-j  of  the  public
service  law, as added by chapter 355 of the laws of 2009, is amended to
read as follows:
  (g) "Fuel cell electric generating equipment" means:
  (I)(A) IN THE CASE OF A RESIDENTIAL CUSTOMER, a  solid  oxide,  molten
carbonate,  proton exchange membrane or phosphoric acid fuel cell with a
combined rated capacity of not more than ten kilowatts; AND (B)  IN  THE
CASE  OF  A  NON-RESIDENTIAL  CUSTOMER, A SOLID OXIDE, MOLTEN CARBONATE,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11631-08-1

S. 5443--A                          2

PROTON EXCHANGE MEMBRANE OR PHOSPHORIC ACID FUEL CELL  WITH  A  COMBINED
RATED CAPACITY OF NOT MORE THAN ONE THOUSAND FIVE HUNDRED KILOWATTS; AND
  (II)  that  is manufactured, installed and operated in accordance with
applicable government and industry standards, 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 3. Subparagraph (iii) of paragraph (c) of subdivision 3  of  section
66-j  of  the public service law, as amended by chapter 7 of the laws of
2010, 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 with a rated  capacity  of  more  than  twenty-five
kilowatts located and used at its premises, such cost shall be as deter-
mined by the electric corporation subject to review, upon the request of
such customer-generator, by the department.
  S 4. This act shall take effect immediately.

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