S T A T E O F N E W Y O R K
________________________________________________________________________
4959
2011-2012 Regular Sessions
I N S E N A T E
May 2, 2011
___________
Introduced by Sen. BALL -- 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 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, OVER A PERIOD
AS PRESCRIBED IN PARAGRAPH (C) OF SUBDIVISION FOUR OF THIS SECTION, 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.
S 2. Subdivision 3 of section 66-1 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09483-04-1
S. 4959 2
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
OVER A PERIOD AS PRESCRIBED IN PARAGRAPH (C) OF SUBDIVISION FOUR OF THIS
SECTION, 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.
S 3. This act shall take effect immediately.