S T A T E   O F   N E W   Y O R K
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                                 3407--A
    Cal. No. 143

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 18, 2011
                               ___________

Introduced  by  Sens.  MAZIARZ,  GRISANTI,  McDONALD, BALL, DeFRANCISCO,
  DUANE, GALLIVAN, JOHNSON,  LITTLE,  MARCELLINO,  PARKER,  RANZENHOFER,
  SALAND  --  read  twice  and  ordered  printed, and when printed to be
  committed  to  the  Committee  on  Energy  and  Telecommunications  --
  reported  favorably  from  said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining its place in the order of third reading

AN ACT to amend the public service law, in relation to remote net meter-
  ing by farm and non-residential customer-generators

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

  Section 1.  Subdivision 3 of section 66-j of the public service law is
amended by adding a new paragraph (e) to read as follows:
  (E) A CUSTOMER WHO OWNS OR OPERATES A FARM OPERATION AS SUCH  TERM  IS
DEFINED  IN SUBDIVISION ELEVEN OF SECTION THREE HUNDRED ONE OF THE AGRI-
CULTURE AND MARKETS LAW,  OR  A  NON-RESIDENTIAL  CUSTOMER-GENERATOR  AS
DEFINED  BY  SUBPARAGRAPH  (III)  OF PARAGRAPH (A) OF SUBDIVISION ONE OF
THIS SECTION THAT LOCATES SOLAR ELECTRIC GENERATING  EQUIPMENT  OR  FARM
WASTE  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.

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

                                                           LBD09483-10-1

S. 3407--A                          2

  S  2.  Subdivision  3  of  section  66-l  of the public service law is
amended by adding a new paragraph (e) to read as follows:
  (E)  A  CUSTOMER  WHO  OWNS  OR  OPERATES  LAND  USED  IN AGRICULTURAL
PRODUCTION AS DEFINED IN SUBDIVISION FOUR OF SECTION THREE  HUNDRED  ONE
OF THE AGRICULTURE AND MARKETS LAW, OR A NON-RESIDENTIAL CUSTOMER-GENER-
ATOR  AS  DEFINED  BY PARAGRAPH (C-1) OF SUBDIVISION ONE OF THIS SECTION
THAT LOCATES WIND 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 WITH-
IN 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.
  S 3. This act shall take effect immediately.