S T A T E O F N E W Y O R K
________________________________________________________________________
6671
I N S E N A T E
March 8, 2012
___________
Introduced by Sen. MAZIARZ -- (at request of the Department of Public
Service) -- read twice and ordered printed, and when printed to be
committed to the Committee on Energy and Telecommunications
AN ACT to amend the public service law, the public authorities law and
the environmental conservation law, in relation to net metering of
electric generating facilities; to repeal sections 66-j and 66-l of
the public service law relating to net metering of certain residential
and non-residential electric generating systems; and to repeal section
66-k of the public service law, subdivision 10-a of section 1854 of
the public authorities law, and section 99-g of the state finance law
relating to sulfur dioxide trading credits
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Sections 66-j, 66-k and 66-l of the public service law are
REPEALED and a new section 66-j is added to read as follows:
S 66-J. NET ENERGY METERING FOR RESIDENTIAL SOLAR, RESIDENTIAL WIND,
RESIDENTIAL MICRO-HYDROELECTRIC, FARM WASTE, FARM WIND, NON-RESIDENTIAL
SOLAR, NON-RESIDENTIAL WIND, NON-RESIDENTIAL MICRO-HYDROELECTRIC, RESI-
DENTIAL MICRO-COMBINED HEAT AND POWER AND FUEL CELL, AND NON-RESIDENTIAL
FUEL CELL ELECTRIC GENERATING EQUIPMENT. 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 LOCATES AND USES SOLAR ELECTRIC GENERATING EQUIP-
MENT AT HIS OR HER RESIDENCE; (II) A RESIDENTIAL CUSTOMER OF AN ELECTRIC
CORPORATION, WHO LOCATES AND USES WIND ELECTRIC GENERATING EQUIPMENT AT
HIS OR HER RESIDENCE; (III) A RESIDENTIAL CUSTOMER OF AN ELECTRIC CORPO-
RATION, WHO LOCATES AND USES MICRO-HYDROELECTRIC GENERATING EQUIPMENT AT
HIS OR HER RESIDENCE; (IV) A CUSTOMER OF AN ELECTRIC CORPORATION, WHICH
LOCATES AND USES FARM WASTE ELECTRIC GENERATING EQUIPMENT AT THE CUSTOM-
ER'S FARM OPERATION, AS SUCH TERM IS DEFINED IN SUBDIVISION ELEVEN OF
SECTION THREE HUNDRED ONE OF THE AGRICULTURE AND MARKETS LAW; (V) A
CUSTOMER OF AN ELECTRIC CORPORATION, WHICH LOCATES AND USES FARM WIND
ELECTRIC GENERATING EQUIPMENT ON LAND USED IN AGRICULTURAL PRODUCTION AS
DEFINED IN SUBDIVISION FOUR OF SECTION THREE HUNDRED ONE OF THE AGRICUL-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14260-03-2
S. 6671 2
TURE AND MARKETS LAW AND WHICH IS ALSO THE LOCATION OF THE CUSTOMER'S
PRIMARY RESIDENCE; (VI) A NON-RESIDENTIAL CUSTOMER OF AN ELECTRIC CORPO-
RATION, WHICH LOCATES AND USES SOLAR ELECTRIC GENERATING EQUIPMENT AT
ITS PREMISES; (VII) A NON-RESIDENTIAL CUSTOMER OF AN ELECTRIC CORPO-
RATION, WHICH LOCATES AND USES WIND ELECTRIC GENERATING EQUIPMENT AT ITS
PREMISES; (VIII) A NON-RESIDENTIAL CUSTOMER OF AN ELECTRIC CORPORATION,
WHICH LOCATES AND USES MICRO-HYDROELECTRIC GENERATING EQUIPMENT AT ITS
PREMISES; (IX) A RESIDENTIAL CUSTOMER OF AN ELECTRIC CORPORATION, WHO
LOCATES AND USES MICRO-COMBINED HEAT AND POWER GENERATING EQUIPMENT AT
HIS OR HER RESIDENCE; (X) A RESIDENTIAL CUSTOMER OF AN ELECTRIC CORPO-
RATION, WHO LOCATES AND USES FUEL CELL GENERATING EQUIPMENT AT HIS OR
HER RESIDENCE; AND (XI) A NON-RESIDENTIAL CUSTOMER OF AN ELECTRIC CORPO-
RATION, WHICH LOCATES AND USES FUEL CELL GENERATING EQUIPMENT 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
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 FROM ELECTRIC GENER-
ATING EQUIPMENT THAT IS: (I) MANUFACTURED, INSTALLED, AND OPERATED IN
ACCORDANCE WITH APPLICABLE GOVERNMENT 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; AND (II) MEETS THE REQUIREMENTS OF PARA-
GRAPH (D) OF THIS SUBDIVISION.
(D) (I) "SOLAR ELECTRIC GENERATING EQUIPMENT" MEANS A PHOTOVOLTAIC
SYSTEM THAT: (A) IN THE CASE OF A RESIDENTIAL CUSTOMER, HAS A RATED
CAPACITY OF NOT MORE THAN TWENTY-FIVE KILOWATTS; AND (B) IN THE CASE OF
A NON-RESIDENTIAL CUSTOMER, HAS A RATED CAPACITY OF NOT MORE THAN TWO
THOUSAND KILOWATTS.
(II) "FARM WASTE ELECTRIC GENERATING EQUIPMENT" MEANS EQUIPMENT
LOCATED AT A FARM OPERATION THAT GENERATES ELECTRIC ENERGY FROM BIOGAS
PRODUCED BY THE ANAEROBIC DIGESTION OF AGRICULTURAL WASTE, SUCH AS LIVE-
STOCK MANURE, FARMING WASTES AND FOOD PROCESSING WASTES WITH A RATED
CAPACITY OF NOT MORE THAN ONE THOUSAND KILOWATTS, THAT IS: (A) 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, FARMING WASTE, CROP RESIDUES, AND FOOD PROCESSING WASTE; AND
(B) 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.
(III) "WIND ELECTRIC GENERATING EQUIPMENT" MEANS A WIND GENERATION
SYSTEM THAT: (A) IN THE CASE OF A RESIDENTIAL CUSTOMER, HAS A RATED
CAPACITY OF NOT MORE THAN TWENTY-FIVE KILOWATTS; AND (B) IN THE CASE OF
A NON-RESIDENTIAL CUSTOMER, HAS A RATED CAPACITY OF NOT MORE THAN TWO
THOUSAND KILOWATTS.
(IV) "FARM WIND ELECTRIC GENERATING EQUIPMENT" MEANS A WIND GENERATION
SYSTEM THAT IS LOCATED ON LAND USED IN AGRICULTURAL PRODUCTION AS
DEFINED IN SUBDIVISION FOUR OF SECTION THREE HUNDRED ONE OF THE AGRICUL-
TURE AND MARKETS LAW AND WHICH IS ALSO THE LOCATION OF THE CUSTOMER'S
PRIMARY RESIDENCE, WITH A RATED CAPACITY OF NOT MORE THAN FIVE HUNDRED
KILOWATTS.
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(V) "MICRO-HYDROELECTRIC GENERATING EQUIPMENT" MEANS A HYDROELECTRIC
SYSTEM THAT: (A) IN THE CASE OF A RESIDENTIAL CUSTOMER, HAS A RATED
CAPACITY OF NOT MORE THAN TWENTY-FIVE KILOWATTS; AND (B) IN THE CASE OF
A NON-RESIDENTIAL CUSTOMER, HAS A RATED CAPACITY OF NOT MORE THAN TWO
THOUSAND KILOWATTS.
(VI) "MICRO-COMBINED HEAT AND POWER GENERATING EQUIPMENT" MEANS EQUIP-
MENT THAT IS 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 AT LEAST ONE KILOWATT AND NOT MORE THAN TEN KILOWATTS ELECTRIC AND
ANY THERMAL OUTPUT THAT AT FULL LOAD HAS A DESIGN TOTAL FUEL USE EFFI-
CIENCY IN THE PRODUCTION OF HEAT AND ELECTRICITY OF NOT LESS THAN EIGHTY
PERCENT, AND ANNUALLY PRODUCES AT LEAST TWO THOUSAND KILOWATT HOURS OF
USEFUL ENERGY IN THE FORM OF ELECTRICITY THAT MAY WORK IN COMBINATION
WITH SUPPLEMENTAL OR PARALLEL CONVENTIONAL HEATING SYSTEMS.
(VII) "FUEL CELL ELECTRIC GENERATING EQUIPMENT" MEANS EQUIPMENT THAT
IS: (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,
PROTON EXCHANGE MEMBRANE OR PHOSPHORIC ACID FUEL CELL WITH A COMBINED
RATED CAPACITY OF NOT MORE THAN ONE THOUSAND FIVE HUNDRED KILOWATTS.
2. INTERCONNECTION AND NET ENERGY METERING. AN ELECTRIC CORPORATION
SHALL PROVIDE FOR THE INTERCONNECTION OF SOLAR, WIND, FARM WASTE,
MICRO-HYDROELECTRIC, MICRO-COMBINED HEAT AND POWER, AND FUEL CELL ELEC-
TRIC GENERATING EQUIPMENT BY A CUSTOMER-GENERATOR AND FOR NET ENERGY
METERING, PROVIDED THAT THE CUSTOMER-GENERATOR ENTERS INTO A NET ENERGY
METERING CONTRACT WITH THE CORPORATION OR COMPLIES WITH THE CORPO-
RATION'S NET ENERGY METERING SCHEDULE AND COMPLIES WITH STANDARDS AND
REQUIREMENTS ESTABLISHED UNDER THIS SECTION.
3. CONDITIONS OF SERVICE. (A) EACH ELECTRIC CORPORATION SHALL MAKE
AVAILABLE TO CUSTOMER-GENERATORS A MODEL CONTRACT AND SCHEDULES FILED
WITH AND APPROVED BY THE COMMISSION THAT ESTABLISH CONSISTENT AND
REASONABLE RATES, TERMS AND CONDITIONS FOR NET ENERGY METERING TO
CUSTOMER-GENERATORS ON A FIRST COME, FIRST SERVED BASIS, UNTIL THE TOTAL
RATED GENERATING CAPACITY FOR SOLAR, WIND, MICRO-HYDROELECTRIC, FARM
WASTE, FARM WIND, MICRO-COMBINED HEAT AND POWER, AND FUEL CELL ELECTRIC
GENERATING EQUIPMENT LOCATED AND USED BY CUSTOMER-GENERATORS IN THE
CORPORATION'S SERVICE AREA IS EQUIVALENT TO ONE AND THREE-TENTHS PERCENT
OF THE CORPORATION'S ELECTRIC DEMAND FOR THE YEAR TWO THOUSAND FIVE, AS
DETERMINED BY THE DEPARTMENT.
(B) NOTHING IN THIS SUBDIVISION SHALL PROHIBIT A CORPORATION FROM
PROVIDING NET ENERGY METERING TO ADDITIONAL CUSTOMER-GENERATORS. THE
COMMISSION SHALL HAVE THE AUTHORITY, AFTER JANUARY FIRST, TWO THOUSAND
TWELVE, TO INCREASE THE PERCENT LIMITS IF IT DETERMINES THAT ADDITIONAL
NET ENERGY METERING IS IN THE PUBLIC INTEREST.
(C) IN THE EVENT THAT THE ELECTRIC CORPORATION DETERMINES THAT IT IS
NECESSARY TO INSTALL A DEDICATED TRANSFORMER OR TRANSFORMERS, OR OTHER
EQUIPMENT TO PROTECT THE SAFETY AND ADEQUACY OF ELECTRIC SERVICE
PROVIDED TO OTHER CUSTOMERS, A CUSTOMER-GENERATOR SHALL PAY THE ELECTRIC
CORPORATION'S ACTUAL COSTS OF INSTALLING THE TRANSFORMER OR TRANSFOR-
MERS, OR OTHER EQUIPMENT:
(I) IN THE CASE OF A CUSTOMER-GENERATOR WHO LOCATES AND USES AT HIS OR
HER RESIDENCE SOLAR, WIND, MICRO-HYDROELECTRIC, MICRO-COMBINED HEAT AND
POWER OR FUEL CELL ELECTRIC GENERATING EQUIPMENT, OR A NON-RESIDENTIAL
CUSTOMER-GENERATOR WHICH LOCATES AND USES AT ITS PREMISES SOLAR, WIND,
S. 6671 4
MICRO-HYDROELECTRIC OR FUEL CELL ELECTRIC GENERATING EQUIPMENT WITH A
RATED CAPACITY OF NOT MORE THAN TWENTY-FIVE KILOWATTS, UP TO A MAXIMUM
AMOUNT OF THREE HUNDRED FIFTY DOLLARS;
(II) IN THE CASE OF A CUSTOMER-GENERATOR WHO LOCATES AND USES FARM
WASTE ELECTRIC GENERATING EQUIPMENT AT THE CUSTOMER'S FARM OPERATION OR
WHO LOCATES AND USES FARM WIND ELECTRIC GENERATION EQUIPMENT ON LAND
USED IN AGRICULTURAL PRODUCTION AND WHICH IS ALSO THE LOCATION OF THE
CUSTOMER'S PRIMARY RESIDENCE; UP TO A TOTAL AMOUNT OF FIVE THOUSAND
DOLLARS; AND
(III) IN THE CASE OF A NON-RESIDENTIAL CUSTOMER-GENERATOR WHO LOCATES
AND USES SOLAR, WIND, MICRO-HYDROELECTRIC, OR FUEL CELL ELECTRIC GENER-
ATING EQUIPMENT WITH A RATED CAPACITY OF MORE THAN TWENTY-FIVE KILOWATTS
AT ITS PREMISES, SUCH COST SHALL BE AS DETERMINED BY THE ELECTRIC CORPO-
RATION SUBJECT TO REVIEW, UPON THE REQUEST OF SUCH CUSTOMER-GENERATOR,
BY THE DEPARTMENT.
(D) AN ELECTRIC CORPORATION SHALL IMPOSE NO OTHER CHARGE OR FEE,
INCLUDING BACK-UP, STAND BY AND DEMAND CHARGES, FOR THE PROVISION OF NET
ENERGY METERING TO A CUSTOMER-GENERATOR, EXCEPT AS PROVIDED IN PARAGRAPH
(D) OF SUBDIVISION FOUR OF THIS SECTION.
(E) A FARM WASTE CUSTOMER AS DEFINED BY SUBPARAGRAPH (IV) OF PARAGRAPH
(A) OF SUBDIVISION ONE OF THIS SECTION, A FARM WIND CUSTOMER AS DEFINED
BY SUBPARAGRAPH (V) OF PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION,
OR A NON-RESIDENTIAL CUSTOMER AS DEFINED BY SUBPARAGRAPHS (VI), (VII)
AND (VIII) OF PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION THAT
LOCATES AND USES ELECTRIC GENERATING EQUIPMENT WITH A NET ENERGY 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 PROPERTY 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.
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 CHARGE THE
CUSTOMER-GENERATOR FOR THE NET ELECTRICITY SUPPLIED 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 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, WHO WILL BE CREDITED AT THE
CORPORATION'S AVOIDED COSTS. THE AVOIDED COST CREDIT PROVIDED TO MICRO-
S. 6671 5
COMBINED HEAT AND POWER OR FUEL CELL CUSTOMER-GENERATORS 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 SUBPARAGRAPHS (I), (II), (III), (IV) AND (V) OF PARAGRAPH (A)
OF SUBDIVISION ONE OF THIS SECTION, FOR THE VALUE OF ANY REMAINING CRED-
IT FOR THE EXCESS ELECTRICITY PRODUCED DURING THE YEAR OR OVER THE ANNU-
ALIZED PERIOD BY THE CUSTOMER-GENERATOR.
(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.
5. SAFETY STANDARDS. (A) EACH ELECTRIC CORPORATION SHALL ESTABLISH
STANDARDS THAT ARE NECESSARY FOR THE INTERCONNECTION OF ELECTRIC GENER-
ATING EQUIPMENT NET METERED BY CUSTOMER-GENERATORS TO ITS SYSTEM AND
THAT THE COMMISSION SHALL DETERMINE ARE NECESSARY FOR SAFE AND ADEQUATE
SERVICE AND FURTHER THE PUBLIC POLICY SET FORTH IN THIS SECTION. SUCH
STANDARDS MAY INCLUDE BUT SHALL NOT BE LIMITED TO:
(I) EQUIPMENT NECESSARY TO ISOLATE AUTOMATICALLY THE ELECTRIC GENERAT-
ING EQUIPMENT NET METERED BY CUSTOMER-GENERATORS FROM THE UTILITY SYSTEM
FOR VOLTAGE AND FREQUENCY DEVIATIONS; AND
(II) A MANUAL LOCKABLE DISCONNECT SWITCH PROVIDED BY THE CUSTOMER-GEN-
ERATOR WHICH SHALL BE LOCATED ON THE OUTSIDE OF THE CUSTOMER'S PREMISES
AND EXTERNALLY ACCESSIBLE FOR THE PURPOSE OF ISOLATING ELECTRIC GENERAT-
ING EQUIPMENT.
(B) UPON ITS OWN MOTION OR UPON A COMPLAINT, THE COMMISSION, OR ITS
DESIGNATED REPRESENTATIVE, MAY INVESTIGATE AND MAKE A DETERMINATION AS
TO THE REASONABLENESS AND NECESSITY OF THE STANDARDS OR RESPONSIBILITY
FOR COMPLIANCE WITH THE STANDARDS.
(C) AN ELECTRIC CORPORATION MAY NOT REQUIRE A RESIDENTIAL, FARM WASTE,
OR FARM WIND CUSTOMER-GENERATOR TO COMPLY WITH ADDITIONAL SAFETY OR
PERFORMANCE STANDARDS, PERFORM OR PAY FOR ADDITIONAL TESTS, OR PURCHASE
ADDITIONAL LIABILITY INSURANCE PROVIDED THAT THE CUSTOMER-GENERATOR'S
NET METERED ELECTRIC GENERATING EQUIPMENT MEETS THE SAFETY STANDARDS
ESTABLISHED PURSUANT TO THIS SUBDIVISION.
(D) IN THE EVENT THAT THE TOTAL RATED GENERATING CAPACITY OF FARM
WASTE AND FARM WIND ELECTRIC GENERATING EQUIPMENT THAT PROVIDES ELEC-
TRICITY TO AN ELECTRIC CORPORATION THROUGH A LOCAL FEEDER LINE EXCEEDS
TWENTY PERCENT OF THE RATED CAPACITY OF THE LOCAL FEEDER LINE, THE ELEC-
TRIC CORPORATION MAY REQUIRE THE CUSTOMER-GENERATOR TO COMPLY WITH
REASONABLE MEASURES TO ENSURE THE SAFETY OF THAT LOCAL FEEDER LINE.
(E) AN ELECTRIC CORPORATION MAY REQUIRE A NON-RESIDENTIAL SOLAR, WIND,
MICRO-HYDROELECTRIC OR FUEL CELL CUSTOMER-GENERATOR WITH A RATED CAPACI-
TY OF MORE THAN TWENTY-FIVE KILOWATTS THAT PROVIDES ELECTRICITY TO THE
ELECTRIC CORPORATION THROUGH A LOCAL FEEDER LINE TO COMPLY WITH REASON-
ABLE MEASURES TO ENSURE THE SAFETY OF THAT LOCAL FEEDER LINE.
6. ELECTRIC RESTRUCTURING. NOTWITHSTANDING THE PROVISIONS OF THIS
SECTION, INCLUDING, BUT NOT LIMITED TO PARAGRAPH (B) OF SUBDIVISION
THREE OF THIS SECTION, A CUSTOMER-GENERATOR SHALL COMPLY WITH ANY APPLI-
S. 6671 6
CABLE DETERMINATIONS OF THE COMMISSION RELATING TO RESTRUCTURING OF THE
ELECTRIC INDUSTRY.
7. SEVERABILITY OF PROVISIONS. THE PROVISIONS OF THIS SECTION SHALL BE
SEVERABLE AND IF THE APPLICATION OF ANY CLAUSE, SENTENCE, PARAGRAPH,
SUBDIVISION, SECTION, OR PART THEREOF TO ANY PERSON OR CIRCUMSTANCE
SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE INVALID,
SUCH JUDGMENT SHALL NOT NECESSARILY AFFECT, IMPAIR, OR INVALIDATE THE
APPLICATION OF ANY SUCH CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION,
SECTION, PART OR REMAINDER THEREOF, AS THE CASE MAY BE, TO ANY OTHER
PERSON, CIRCUMSTANCE, BUT SHALL BE CONFINED IN ITS OPERATION TO THE
CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION, SECTION OR PART THEREOF
DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH SUCH JUDGMENT SHALL HAVE
BEEN RENDERED.
S 2. Subdivision (h) of section 1020-g of the public authorities law,
as amended by chapter 546 of the laws of 2011, 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, (C) solar electric
generating equipment owned or operated by non-residential customers, (D)
micro-combined heat and power generating equipment owned, leased or
operated by residential customers, (E) fuel cell electric generating
equipment owned, leased or operated by residential customers, and (F)
micro-hydroelectric generating equipment owned, leased or operated by
customer-generators], and for net energy metering consistent with
section sixty-six-j of the public service law, to increase the efficien-
cy of energy end use, to shift demand from periods of high demand to
periods of low demand and to facilitate the development of cogenera-
tion[; 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].
S 3. Section 1020-cc of the public authorities law, as amended by
chapter 413 of the laws of 2011, is amended to read as follows:
S 1020-cc. Authority subject to certain provisions contained in the
state finance law, the public service law, the social services law and
the general municipal law. All contracts of the authority shall be
subject to the provisions of the state finance law relating to contracts
made by the state. The authority shall also establish rules and regu-
lations with respect to providing to its residential gas, electric and
steam utility customers those rights and protections provided in article
two and sections one hundred seventeen and one hundred eighteen of the
public service law and section one hundred thirty-one-s of the social
services law. The authority shall conform to any safety standards
regarding manual lockable disconnect switches for solar electric gener-
ating equipment established by the public service commission pursuant to
subparagraph (ii) of paragraph (a) of subdivision five [and subparagraph
(ii) of paragraph (a) of subdivision five-a] of section sixty-six-j of
the public service law. The authority shall let contracts for
construction or purchase of supplies, materials, or equipment pursuant
to section one hundred three and paragraph (e) of subdivision four of
section one hundred twenty-w of the general municipal law.
S 4. Subdivision 3 of section 19-0921 of the environmental conserva-
tion law, as added by chapter 36 of the laws of 2000, is amended to read
as follows:
S. 6671 7
3. The commissioner shall make a written report to the legislature
upon his finding that a Federal law has been enacted that will result in
at least a fifty percent reduction in the emissions of SO2[, as defined
in section sixty-six-k of the public service law,] by electric generat-
ing sources pursuant to title four of the Federal Clean Air Act after
full implementation.
S 5. Subdivision 10-a of section 1854 of the public authorities law is
REPEALED.
S 6. Section ninety-nine-g of the state finance law is REPEALED.
S 7. This act shall take effect immediately.