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

                                  5553

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2011
                               ___________

Introduced by M. of A. ENGLEBRIGHT, BENEDETTO, SWEENEY, REILLY, DESTITO,
  JACOBS,  MAISEL,  J. RIVERA,  MARKEY, GALEF, MILLMAN, CAHILL, GUNTHER,
  LUPARDO,  MAGNARELLI,  SCHIMMINGER,  HOOPER,   O'DONNELL,   ROSENTHAL,
  BROOK-KRASNY, SPANO, TITONE, JAFFEE, KAVANAGH -- Multi-Sponsored by --
  M. of A. BING, BOYLAND, BRENNAN, CALHOUN, COLTON, CONTE, COOK, GIGLIO,
  GOTTFRIED, JEFFRIES, KOLB, LATIMER, P. LOPEZ, MAGEE, MAYERSOHN, McENE-
  NY,  PAULIN,  PHEFFER,  WEISENBERG  --  read  once and referred to the
  Committee on Energy

AN ACT to amend the public service law and the public  authorities  law,
  in relation to net energy metering for solar, wind, fuel cell and farm
  waste  electric  generating systems; and to repeal section 66-l of the
  public service law relating to net  energy  metering  for  residential
  and/or farm service wind electric generating systems

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

  Section 1. The section heading and subdivisions 1, 2, 3, 4  and  5  of
section 66-j of the public service law, as amended by chapter 355 of the
laws  of  2009, paragraph (d) of subdivision 1 and subparagraphs (i) and
(iii) of paragraph (c) of subdivision 3 as amended by chapter 7  of  the
laws  of 2010, and the opening paragraph of paragraph (e) of subdivision
1 as amended by chapter 336 of the laws of 2010, are amended to read  as
follows:
  Net  energy  metering for [residential] solar, WIND, FUEL CELL OR farm
waste[, non-residential solar] electric generating  systems,  OR  micro-
combined  heat  and  power  generating equipment[, or 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] ANY customer of an
electric  corporation,  who  owns  or  operates solar, WIND OR FUEL CELL
electric generating equipment, OR ANY HYBRID EQUIPMENT COMPOSED OF THESE
THREE TECHNOLOGIES located and used at his or her [residence]  PREMISES;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08906-01-1
              

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(ii)  a  customer  of an electric corporation, who owns or operates farm
waste electric generating 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;
(iv)] a residential customer of an electric corporation who owns, leases
or operates micro-combined heat and power generating  equipment  located
on  the customer's premises[; and (v) a residential customer of an elec-
tric corporation who owns,  leases  or  operates  fuel  cell  generating
equipment located on the customer's 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.
  (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  two  thousand
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 [conjunction] 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.
  (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
[one] TWO thousand kilowatts, that is:
  (i) manufactured, installed, and operated in accordance with  applica-
ble 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
established 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  building  heating and electrical power gener-
ation system, operating on any fuel and of any applicable  engine,  fuel
cell,  or  other technology, with a rated capacity of at least one kilo-
watt and not more than ten kilowatts electric  and  any  thermal  output
that  at  full  load  has  a  design  total  fuel  use efficiency 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  supple-

A. 5553                             3

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.
  (g) "Fuel cell electric generating equipment"  means  a  solid  oxide,
molten  carbonate, proton exchange membrane or phosphoric acid fuel cell
with a combined rated capacity of not more than [ten] TWO THOUSAND kilo-
watts 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.
  (H)  "WIND  ELECTRIC  GENERATING  EQUIPMENT" MEANS A WIND GENERATOR OR
GENERATORS WITH A COMBINED RATED CAPACITY OF NOT MORE THAN TWO  THOUSAND
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 ELECTRIC CORPO-
RATION'S TRANSMISSION AND DISTRIBUTION FACILITIES, AND THAT IS  OPERATED
IN COMPLIANCE WITH ANY STANDARDS AND REQUIREMENTS ESTABLISHED UNDER THIS
SECTION.
  (I)  "ELECTRIC CORPORATION" MEANS ANY PUBLIC OR PRIVATELY OWNED ENTITY
THAT OFFERS RETAIL ELECTRICAL SERVICE TO END-USE ELECTRIC CONSUMERS.
  (J) "ELIGIBLE TECHNOLOGIES" MEANS THE SOLAR, WIND, FUEL CELL  OR  FARM
WASTE ELECTRIC GENERATING EQUIPMENT.
  2.  Interconnection  and  net energy metering. An electric corporation
shall provide for the interconnection of [solar and farm waste  electric
generating equipment] ELIGIBLE TECHNOLOGIES, AND micro-combined heat and
power generating equipment [and fuel cell electric generating equipment]
owned  or  operated 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 corporation's net
energy metering schedule and complies with  standards  and  requirements
established under this section.
  3.  Conditions  of  service. (a) [(i)] On or before three months after
the effective date of this  section,  each  electric  corporation  shall
develop a model contract and file a schedule that establishes consistent
and  reasonable  rates,  terms and conditions for net energy metering to
customer-generators, according to the requirements of this section.  The
commission  shall render a decision within three months from the date on
which the schedule is filed.
  [(ii) On or before three months  after  the  effective  date  of  this
subparagraph,  each  electric corporation shall develop a model contract
and file a schedule that establishes consistent  and  reasonable  rates,
terms and conditions for net energy metering to non-residential customer
generators,  according  to the requirements of this section. The commis-
sion shall render a decision within three months of the  date  on  which
the schedule is filed.
  (iii)  Each electric corporation shall make such contract and schedule
available to customer-generators on a first come,  first  served  basis,
until the total rated generating capacity for solar and farm waste elec-
tric  generating  equipment,  micro-combined  heat  and power generating
equipment and fuel cell electric generating equipment owned,  leased  or
operated  by  customer-generators  in  the corporation's service area is

A. 5553                             4

equivalent to one 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 owns or operates solar
electric generating equipment, micro-combined heat and power  generating
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;
  (ii)  In  the  case  of a customer-generator who owns or operates farm
waste electric generating equipment located and used at his or her "farm
operation," up to a total amount of  five  thousand  dollars  per  "farm
operation"; and
  (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.
  (d)]  An  electric  corporation  shall  impose no other charge or fee,
including, BUT NOT LIMITED TO, 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.
  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-
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.

A. 5553                             5

  (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 subparagraph (i) or (ii) 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  annualized  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.
  (E)  NET  ENERGY  METERING  SHALL BE ACCOMPLISHED USING A SINGLE METER
CAPABLE OF REGISTERING THE FLOW OF ELECTRICITY  IN  TWO  DIRECTIONS.  AN
ADDITIONAL  METER  OR  METERS TO MONITOR THE FLOW OF ELECTRICITY IN EACH
DIRECTION  MAY BE INSTALLED WITH THE CONSENT OF THE  CUSTOMER-GENERATOR,
AT  THE EXPENSE OF THE ELECTRIC CORPORATION, AND THE ADDITIONAL METERING
SHALL BE USED ONLY TO PROVIDE THE INFORMATION  NECESSARY  TO  ACCURATELY
BILL  OR CREDIT THE CUSTOMER-GENERATOR PURSUANT TO PARAGRAPH (F) OF THIS
SUBDIVISION, OR TO COLLECT SYSTEM PERFORMANCE INFORMATION ON THE  ELIGI-
BLE  TECHNOLOGY  FOR RESEARCH PURPOSES. IF THE EXISTING ELECTRICAL METER
OF AN ELIGIBLE CUSTOMER-GENERATOR IS NOT CAPABLE OF MEASURING  THE  FLOW
OF  ELECTRICITY  IN  TWO DIRECTIONS AND PROVIDED THE REASON THE METER IS
NOT CAPABLE OF MEASURING THE FLOW  IN  TWO  DIRECTIONS  IS  NOT  RELATED
EITHER  TO  A  MECHANICAL DEVICE INSTALLED BY AN ELECTRIC CORPORATION OR
SUCH CORPORATION'S SELECTION OF A METER  WITHOUT  THIS  CAPABILITY  WHEN
OTHER  METERS  CAPABLE  OF  MEASURING  THE  FLOW  OF  ELECTRICITY IN TWO
DIRECTIONS WERE AVAILABLE TO THE ELECTRIC CORPORATION, THE CUSTOMER-GEN-
ERATOR SHALL BE RESPONSIBLE FOR ALL EXPENSES INVOLVED IN PURCHASING  AND
INSTALLING  A  METER  THAT IS ABLE TO MEASURE THE FLOW OF ELECTRICITY IN
TWO DIRECTIONS.  IF AN ADDITIONAL METER OR METERS ARE INSTALLED, THE NET
ENERGY METERING CALCULATION SHALL YIELD A RESULT IDENTICAL TO THAT OF  A
SINGLE METER.
  (F)  EVERY  ELECTRIC  CORPORATION SHALL DEVELOP A STANDARD CONTRACT OR
TARIFF PROVIDING FOR NET ENERGY METERING, AND SHALL MAKE  THIS  CONTRACT
AVAILABLE  TO ELIGIBLE CUSTOMER-GENERATORS, UPON REQUEST. EVERY ELECTRIC
CORPORATION SHALL ENSURE THAT REQUESTS FOR ESTABLISHMENT OF  NET  ENERGY
METERING ARE PROCESSED IN A TIME PERIOD NOT EXCEEDING THAT FOR SIMILARLY
SITUATED  CUSTOMERS  REQUESTING  NEW ELECTRIC SERVICE, BUT NOT TO EXCEED
ONE MONTH FROM THE DATE THE ELECTRIC CORPORATION  RECEIVES  A  COMPLETED
APPLICATION  FORM  FROM  AN  ELIGIBLE CUSTOMER-GENERATOR. IF AN ELECTRIC
CORPORATION IS UNABLE TO PROCESS THE REQUEST WITHIN THE ALLOWABLE  TIME-
FRAME,  THE  ELECTRIC CORPORATION SHALL NOTIFY THE CUSTOMER-GENERATOR OF
THE REASON FOR ITS INABILITY TO PROCESS THE REQUEST  AND  THE  DATE  THE
REQUEST  WILL  BE  COMPLETED.  EVERY ELECTRIC CORPORATION SHALL MAKE ALL
NECESSARY FORMS AND CONTRACTS FOR  NET  ENERGY  METERING  AVAILABLE  FOR
DOWNLOAD FROM THE INTERNET.
  (G)  EACH  NET  ENERGY METERING CONTRACT OR TARIFF SHALL BE IDENTICAL,
WITH RESPECT TO RATE STRUCTURE,  ALL  RETAIL  RATE  COMPONENTS  AND  ANY
MONTHLY  CHARGES,  TO  THE CONTRACT OR TARIFF TO WHICH THE SAME CUSTOMER
WOULD BE ASSIGNED IF SUCH CUSTOMER WAS NOT AN ELIGIBLE  CUSTOMER-GENERA-
TOR,  EXCEPT  THAT  ELIGIBLE  CUSTOMER-GENERATORS  SHALL NOT BE ASSESSED
STANDBY  CHARGES  ON  THE  ELECTRICAL   GENERATING   CAPACITY   OR   THE

A. 5553                             6

KILOWATT-HOUR  PRODUCTION OF AN ELIGIBLE TECHNOLOGY. THE CHARGES FOR ALL
RETAIL RATE COMPONENTS FOR ELIGIBLE CUSTOMER-GENERATORS SHALL  BE  BASED
EXCLUSIVELY  ON  THE  CUSTOMER-GENERATOR'S NET KILOWATT-HOUR CONSUMPTION
OVER  A  TWELVE MONTH PERIOD, WITHOUT REGARD TO THE CUSTOMER-GENERATOR'S
CHOICE OF ELECTRIC CORPORATION. ANY NEW  OR  ADDITIONAL  DEMAND  CHARGE,
STANDBY CHARGE, CUSTOMER CHARGE, MINIMUM MONTHLY CHARGE, INTERCONNECTION
CHARGE    OR    OTHER   CHARGE   THAT   WOULD   INCREASE   AN   ELIGIBLE
CUSTOMER-GENERATOR'S COSTS BEYOND THOSE OF OTHER CUSTOMERS IN  THE  RATE
CLASS  TO  WHICH  THE  ELIGIBLE  CUSTOMER-GENERATOR  WOULD  OTHERWISE BE
ASSIGNED ARE CONTRARY TO THE INTENT OF THIS SECTION, AND SHALL NOT  FORM
A PART OF NET ENERGY METERING CONTRACTS OR TARIFFS.
  (H)  FOR ALL ELIGIBLE CUSTOMER-GENERATORS TAKING SERVICE UNDER TARIFFS
EMPLOYING "TIME OF USE" RATES, ANY NET MONTHLY CONSUMPTION OF  ELECTRIC-
ITY SHALL BE CALCULATED ACCORDING TO THE TERMS OF THE CONTRACT OR TARIFF
TO  WHICH  THE  SAME CUSTOMER WOULD BE ASSIGNED TO OR BE ELIGIBLE FOR IF
THE CUSTOMER WAS NOT AN ELIGIBLE  CUSTOMER-GENERATOR.  WHEN  THOSE  SAME
CUSTOMER-GENERATORS  ARE  NET GENERATORS DURING ANY DISCRETE TIME OF USE
PERIOD, THE NET KILOWATT-HOURS PRODUCED SHALL  BE  VALUED  AT  THE  SAME
PRICE  PER  KILOWATT-HOUR  AS  THE ELECTRIC CORPORATION WOULD CHARGE FOR
RETAIL KILOWATT-HOUR SALES DURING THAT SAME TIME OF USE PERIOD AND  THAT
VALUE  SHALL  BE  APPLIED AS A CREDIT TO ANY OF THE DISCRETE TIME OF USE
PERIODS UNDER THE TARIFF. IF THE ELIGIBLE CUSTOMER-GENERATOR'S  TIME  OF
USE ELECTRICAL METER IS UNABLE TO MEASURE THE FLOW OF ELECTRICITY IN TWO
DIRECTIONS,  THE  PROVISIONS  OF PARAGRAPH (D) OF THIS SUBDIVISION SHALL
APPLY.
  5. Safety standards. (a) On or before three months after the effective
date of [this section, each electric corporation shall establish  stand-
ards  that are necessary for net energy metering and the interconnection
of residential  solar  or  farm  waste  electric  generating  equipment,
micro-combined  heat  and power generating equipment and fuel cell elec-
tric generating equipment 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 residential
solar, farm waste, micro-combined heat and power and fuel cell  electric
generating  system  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 the residential
solar and farm waste electric generating 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.
  (i)  In  the  case  of a customer-generator who owns or operates solar
electric generating equipment located and used at his or her  residence;
an  electric  corporation may not require a customer-generator to comply
with additional safety or performance  standards,  perform  or  pay  for
additional  tests,  or  purchase additional liability insurance provided
that the residential solar or farm waste electric generating  equipment,
micro-combined heat and power generating equipment or fuel cell electric
generating  equipment meets the safety standards established pursuant to
this paragraph.

A. 5553                             7

  (ii) In the case of a customer-generator who  owns  or  operates  farm
waste electric generating equipment located and used at his or her "farm
operation," an electric corporation may not require a customer-generator
to  comply  with  additional safety or performance standards, perform or
pay  for  additional  tests,  or purchase additional liability insurance
provided that:
  1. the electric generating equipment meets the safety standards estab-
lished pursuant to this paragraph; and
  2. the total rated generating capacity (measured in kW) of farm  waste
electric  generating equipment that provides electricity to the electric
corporation through the same local feeder line, does not  exceed  twenty
percent of the rated capacity of that local feeder line.
  (iii)  In  the  event that the total rated generating capacity of farm
waste electric generating equipment that  provides  electricity  to  the
electric  corporation  through the same local feeder line exceeds twenty
percent of the rated capacity of the local  feeder  line,  the  electric
corporation may require the customer-generator to comply with reasonable
measures  to  ensure safety of that local feeder line.] PARAGRAPH (B) OF
THIS SUBDIVISION, THE COMMISSION SHALL ESTABLISH STANDARDS FOR INTERCON-
NECTION OF GENERATORS, TAKING INTO ACCOUNT APPLICABLE INDUSTRY STANDARDS
INCLUDING IEEE 1541, AND  BEST  PRACTICES  INCLUDED  IN  THE  INTERSTATE
RENEWABLE  ENERGY  COUNCIL'S  MODEL INTERCONNECTION RULES MR-12005. SUCH
STANDARDS SHALL NOT BE MORE RESTRICTIVE OF INTERCONNECTION  THAN  STAND-
ARDS  ESTABLISHED IN FERC ORDERS 2006 AND 2006A AS OF THE EFFECTIVE DATE
OF PARAGRAPH (B) OF THIS SUBDIVISION.
  (B) THE COMMISSION SHALL PROMULGATE REGULATIONS ENSURING THAT  SIMPLI-
FIED  CONTRACTS  WILL BE USED FOR THE INTERCONNECTION OF GENERATORS THAT
HAVE A PRODUCTION CAPACITY NOT  EXCEEDING  TWO  THOUSAND  KILOWATTS  AND
SHALL  CONSIDER  THE  BEST  PRACTICES  FOR  CONSUMER  FRIENDLY CONTRACTS
ADOPTED BY NATIONAL  ASSOCIATIONS  OF  STATE  UTILITY  REGULATORS.  SUCH
CONTRACTS  SHALL  NOT  REQUIRE LIABILITY OR OTHER INSURANCE IN EXCESS OF
WHAT IS TYPICALLY CARRIED BY CUSTOMER-GENERATORS FOR GENERAL LIABILITY.
  S 2. Section 66-l of the public service law is REPEALED.
  S 3. Subdivision (h) of section 1020-g of the public authorities  law,
as  amended  by  chapter  355 of the laws of 2009, is amended to read as
follows:
  (h) To implement programs and policies designed  to  provide  for  the
interconnection of: (i) [(A)] solar, WIND, FUEL CELL OR FARM WASTE elec-
tric  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)]  CUSTOMER-GENERATORS,  (II)
micro-combined  heat  and  power  generating  equipment owned, leased or
operated by residential customers, and [(E)] (III)  fuel  cell  electric
generating equipment owned, leased or operated by residential customers,
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].
  S 4. This act shall take effect immediately.