S T A T E O F N E W Y O R K
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9931
I N A S S E M B L Y
May 30, 2014
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Paulin,
Moya, Rosenthal, Barrett, Galef, Gunther, Hooper, Jacobs, Lifton,
Lupardo, Otis, Quart, Titone, Buchwald, Lentol, Magee, Rivera, Schi-
mel, Thiele, Weisenberg) -- read once and referred to the Committee on
Energy
AN ACT to amend the executive law, the public service law and the public
authorities law, in relation to shared renewable facilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (i) of paragraph (b) of subdivision 4 of
section 94-a of the executive law, as amended by section 12 of part A of
chapter 173 of the laws of 2013, is amended to read as follows:
(i) on behalf of the secretary, initiate, intervene in, or participate
in any proceedings before the public service commission or the depart-
ment of public service, to the extent authorized by sections three-b,
twenty-four-a, SIXTY-SIX-N, seventy-one, eighty-four or ninety-six of
the public service law or any other applicable provision of law, where
he or she deems such initiation, intervention or participation to be
necessary or appropriate;
S 2. Section 2 of the public service law is amended by adding a new
subdivision 2-e to read as follows:
2-E. THE TERM "SHARED RENEWABLE ENERGY FACILITY" WHEN USED IN THIS
CHAPTER MEANS SOLAR ELECTRIC GENERATING EQUIPMENT AS SUCH TERM IS
DEFINED IN SECTION SIXTY-SIX-J OF THIS CHAPTER; AND WIND ELECTRIC GENER-
ATING EQUIPMENT AS SUCH TERM IS DEFINED IN SECTION SIXTY-SIX-L OF THIS
CHAPTER. SUCH FACILITIES SHALL: (A) NOT EXCEED A NAMEPLATE CAPACITY OF
GREATER THAN TWO MEGAWATTS, PROVIDED THAT FACILITIES LOCATED IN A POTEN-
TIAL ENVIRONMENTAL JUSTICE AREA, AS DETERMINED BY THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION AS SUCH AREAS WERE DEPICTED ON MAY FIFTH, TWO
THOUSAND FOURTEEN, SHALL NOT EXCEED A NAMEPLATE CAPACITY OF GREATER THAN
ONE MEGAWATT; (B) BE LOCATED, CONSTRUCTED AND OPERATED, IN ACCORDANCE
WITH ANY APPLICABLE LOCAL LAW, ORDINANCE OR REGULATION; (C) BE LOCATED
IN A SHARED RENEWABLE ENERGY FACILITY COMPATIBILITY AND ACCOMMODATION
ZONE AS PROVIDED FOR IN SUBDIVISION FOUR OF SECTION SIXTY-SIX-N OF THIS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15366-01-4
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CHAPTER; (D) BE MANUFACTURED, INSTALLED AND OPERATED IN ACCORDANCE WITH
APPLICABLE GOVERNMENT AND INDUSTRY STANDARDS, CONNECTED TO THE ELECTRIC
SYSTEM AND OPERATED IN CONJUNCTION WITH AN ELECTRIC CORPORATION'S TRANS-
MISSION AND DISTRIBUTION FACILITIES; AND (E) SHALL HAVE NO LESS THAN TEN
SUBSCRIBERS.
S 3. Subdivision 1 of section 5 of the public service law is amended
by adding a new paragraph i to read as follows:
I. TO THE DETERMINATION OF COMPATIBILITY, INTERCONNECTION AND OPERA-
TION OF SHARED RENEWABLE ENERGY FACILITIES AS SUCH TERM IS DEFINED IN
PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION SIXTY-SIX-N OF THIS CHAPTER.
S 4. The public service law is amended by adding a new section 66-n to
read as follows:
S 66-N. SHARED RENEWABLE ENERGY FACILITIES. 1. AS USED IN THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "SUBSCRIBER" MEANS A RESIDENTIAL OR NON-RESIDENTIAL CUSTOMER OF AN
ELECTRIC CORPORATION WHO HAS: (I) ENTERED INTO A POWER SUBSCRIBER AGREE-
MENT WITH A SUBSCRIBER COMPANY; AND (II) IDENTIFIED ONE OR MORE METERS
TO WHICH THE PRO-RATA SHARE OF THE ELECTRICAL OUTPUT OF A FACILITY SHALL
BE ATTRIBUTED PURSUANT TO HIS OR HER POWER SUBSCRIBER AGREEMENT. SUCH
METERS SHALL BE WITHIN EITHER THE SAME COUNTY AS THE SHARED RENEWABLE
ENERGY FACILITY TO WHICH A SUBSCRIBER HAS ENTERED INTO A POWER SUBSCRIB-
ER AGREEMENT, EXCEPT THAT IN THE CASE OF A SUBSCRIBER WHOSE METERS ARE
LOCATED IN A COUNTY OF TWENTY THOUSAND OR LESS, ACCORDING TO THE MOST
RECENT CENSUS, THE SUBSCRIBER MAY ENTER INTO A POWER SUBSCRIBER AGREE-
MENT WITH A SUBSCRIBER COMPANY WHOSE SHARED RENEWABLE ENERGY FACILITY IS
LOCATED IN AN ADJACENT COUNTY OF TWENTY THOUSAND OR LESS WITHIN THE SAME
SERVICE TERRITORY OF THE ELECTRIC CORPORATION OF WHICH HE OR SHE IS A
CUSTOMER, AND IS LOCATED WITHIN THE SAME LOAD ZONE AS DETERMINED BY THE
LOCATION BASED MARGINAL PRICE AS OF THE DATE OF THE INITIAL REQUEST BY A
SUBSCRIBER COMPANY TO INTERCONNECT A SHARED RENEWABLE ENERGY FACILITY.
(B) "POWER SUBSCRIBER AGREEMENT" OR "SUBSCRIBER AGREEMENT" MEANS AN
AGREEMENT BETWEEN A SUBSCRIBER AND A SUBSCRIBER COMPANY THAT MEETS STAN-
DARDS PURSUANT TO PARAGRAPH (A) OF SUBDIVISION SIX OF THIS SECTION. SUCH
AGREEMENT SHALL: (I) INCLUDE THE NAME, ADDRESS AND ELECTRIC CORPORATION
ACCOUNT NUMBER TO WHICH THE SUBSCRIPTION SHALL BE ATTRIBUTED; (II) ENTI-
TLE A SUBSCRIBER TO A PRO-RATA SHARE OF THE ACTUAL ELECTRICAL OUTPUT OF
A SHARED RENEWABLE ENERGY FACILITY; AND (III) PROVIDE THAT A SUBSCRIB-
ER'S PRO-RATA SHARE WILL BE REFLECTED AS A BILL CREDIT AGAINST THE
SUBSCRIBER'S MONTHLY ELECTRIC USAGE AS METERED BY HIS OR HER ELECTRIC
CORPORATION AND BILLED BY SUCH ELECTRIC CORPORATION ON A PER KILOWATT
HOUR BASIS.
(C) "SUBSCRIPTION ROSTER" MEANS THE COMPILATION OF INFORMATION FROM
POWER SUBSCRIBER AGREEMENTS FOR A PARTICULAR SHARED RENEWABLE ENERGY
FACILITY WHICH IS COLLECTED BY THE SUBSCRIBER COMPANY OWNING SUCH FACIL-
ITY FOR THE PURPOSES OF DIRECTING AN ELECTRIC CORPORATION TO APPLY BILL
CREDITS AGAINST SUBSCRIBERS' MONTHLY ELECTRIC USAGE AS METERED AND
RECOVERED BY SUCH ELECTRIC CORPORATION THROUGH A MONTHLY BILL.
(D) "SUBSCRIBER COMPANY" MEANS A GENERAL PARTNERSHIP, LIMITED PARTNER-
SHIP, LIMITED LIABILITY COMPANY, COOPERATIVE, S-CORPORATION, C-CORPORA-
TION OR NOT-FOR-PROFIT CORPORATION WHOSE PURPOSE IS TO OWN AND OPERATE A
SHARED RENEWABLE ENERGY FACILITY.
(E) "SUBSCRIPTION" MEANS THE RIGHTS AND RESPONSIBILITIES OF A
SUBSCRIBER TO A PRO-RATA PORTION OF THE ACTUAL ELECTRICAL OUTPUT OF A
SHARED RENEWABLE ENERGY FACILITY, AS SET FORTH IN A SUBSCRIBER AGREE-
MENT. A SUBSCRIPTION SHALL: (I) AT A MINIMUM, REPRESENT AT LEAST ONE
KILOWATT OF A SHARED RENEWABLE ENERGY FACILITY'S GENERATING CAPACITY;
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AND (II) NOT EXCEED ONE HUNDRED PERCENT OF A SUBSCRIBER'S ELECTRICAL
CONSUMPTION AS MEASURED IN KILOWATT HOURS FROM THE TWELVE-MONTH PERIOD
IMMEDIATELY PRECEDING THE ESTABLISHMENT OF A SUBSCRIBER AGREEMENT.
(F) "BILL CREDIT" MEANS A CREDIT MEASURED ON A PER KILOWATT HOUR BASIS
AND APPLIED AGAINST A SUBSCRIBER'S NEXT MONTHLY BILL FOR SERVICE ISSUED
BY HIS OR HER ELECTRIC CORPORATION BASED UPON THE PRO-RATA SHARE OF THE
ELECTRICAL OUTPUT OF THE SHARED RENEWABLE ENERGY FACILITY TO WHICH THE
CUSTOMER IS ENTITLED PURSUANT TO A SUBSCRIBER AGREEMENT.
2. NO LATER THAN JULY THIRTY-FIRST, TWO THOUSAND FIFTEEN, THE COMMIS-
SION SHALL COMMENCE A PROCEEDING TO: (A) DEVELOP A STATEWIDE SHARED
RENEWABLE ENERGY FACILITY COMPATIBILITY AND ACCOMMODATION ZONE MAP; (B)
ESTABLISH CRITERIA FOR THE COMPATIBLE INTERCONNECTION AND OPERATION OF
SHARED RENEWABLE ENERGY FACILITIES AND SUBSCRIBER PROTECTIONS; AND (C)
DEVELOP SUBSCRIBER PROTECTION STANDARDS.
3. IN DEVELOPING THE ORDER PURSUANT TO SUBDIVISION TWO OF THIS
SECTION, THE COMMISSION SHALL CONSULT WITH THE STATE DEPARTMENT OF ENVI-
RONMENTAL CONSERVATION AND THE BULK SYSTEM OPERATOR SERVING NEW YORK
STATE. THE COMMISSION SHALL ALSO SOLICIT PARTICIPATION AND PUBLIC
COMMENT FROM STAKEHOLDER ORGANIZATIONS INCLUDING, BUT NOT LIMITED TO:
(A) ORGANIZATIONS ADVOCATING FOR ENVIRONMENTAL CONCERNS;
(B) ORGANIZATIONS REPRESENTING RENEWABLE ENERGY INDUSTRIES;
(C) ELECTRIC CORPORATIONS; AND
(D) THE LONG ISLAND POWER AUTHORITY.
4. THE COMMISSION MAP PURSUANT TO SUBDIVISION TWO OF THIS SECTION
SHALL BE DEVELOPED ON A COUNTY-BY-COUNTY BASIS. THE COMMISSION SHALL
DETERMINE WHICH COUNTIES, IF ANY, WOULD BENEFIT FROM THE INTERCON-
NECTION, OPERATION AND ELECTRICAL OUTPUT OF SHARED RENEWABLE ENERGY
FACILITIES, TAKING INTO CONSIDERATION FACTORS AFFECTING THE PRICE AND
DELIVERABILITY OF ELECTRICITY IN EACH COUNTY. THE COMMISSION SHALL
PUBLISH SUCH MAP AND ACCOMMODATE THE INTERCONNECTION OF SHARED RENEWABLE
ENERGY FACILITIES WHICH MEET THE REQUIREMENTS OF THIS SECTION AND ANY
RULES AND REGULATIONS OF THE COMMISSION PERTAINING THERETO NO LATER THAN
JULY THIRTY-FIRST, TWO THOUSAND SIXTEEN. SUCH MAP SHALL BE UPDATED NO
LATER THAN JULY THIRTY-FIRST OF EACH SUCCEEDING YEAR. IN DEVELOPING THE
MAP PURSUANT TO THIS SUBDIVISION, THE COMMISSION SHALL CONSIDER ON A
COUNTY-BY-COUNTY BASIS:
(A) THE POTENTIAL NEED FOR ADDITIONAL ELECTRIC GENERATION AND/OR TRAN-
SMISSION WITHIN THE PRECEDING TEN-YEAR PERIOD;
(B) ELECTRIC CONGESTION ON THE HIGH VOLTAGE TRANSMISSION NETWORK WHICH
HAS CREATED OR IS PROJECTED TO CREATE WITHIN TEN YEARS, A SYSTEM RELI-
ABILITY PROBLEM, OR, AS DETERMINED BY THE COMMISSION, HAS CONTRIBUTED TO
A SIGNIFICANT INCREASE IN THE WHOLESALE COST OF ELECTRICITY; AND
(C) THE POTENTIAL FOR REDUCTION IN OVERALL EMISSIONS OF CARBON DIOX-
IDE, SULFUR DIOXIDE, NITROGEN OXIDE AND PARTICULATE MATTER 2.5 (PM 2.5)
THAT WOULD BE ATTRIBUTABLE TO THE OPERATION OF SHARED RENEWABLE ENERGY
FACILITIES.
5. THE ORDER ESTABLISHED BY THE COMMISSION PURSUANT TO SUBDIVISION TWO
OF THIS SECTION SHALL INCLUDE STANDARDS FOR THE INTERCONNECTION AND
OPERATION OF SHARED RENEWABLE ENERGY FACILITIES, INCLUDING BUT NOT
LIMITED TO REQUIREMENTS THAT:
(A) SHARED RENEWABLE ENERGY FACILITIES SHALL BE DESIGNED TO ENSURE
SAFE AND ADEQUATE OPERATION AND THAT ANY COSTS ASSOCIATED WITH EQUIPMENT
AND TECHNOLOGY THE COMMISSION DEEMS NECESSARY FOR SUCH PURPOSE SHALL BE
THE RESPONSIBILITY OF A SUBSCRIBER COMPANY;
(B) SHARED RENEWABLE ENERGY FACILITIES ARE DESIGNED TO OPERATE (I) IN
THE SAME SERVICE TERRITORY OF THE ELECTRIC CORPORATION AND COUNTY OR
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COUNTIES AS AUTHORIZED BY THE COMMISSION TO WHICH ITS SUBSCRIBERS ARE
METERED FOR ELECTRICAL USAGE; AND (II) ARE LOCATED WITHIN THE SAME LOAD
ZONE AS DETERMINED BY THE LOCATION BASED MARGINAL PRICE AS OF THE DATE
OF THE INITIAL REQUEST BY A SUBSCRIBER COMPANY TO INTERCONNECT A SHARED
RENEWABLE ENERGY FACILITY;
(C) A SHARED RENEWABLE ENERGY FACILITY'S ELECTRICAL OUTPUT WILL NOT
RESULT IN ELECTRICAL CONGESTION OR CONTRIBUTE SIGNIFICANTLY TO ELECTRIC
CONGESTION WITHIN THE SERVICE TERRITORY OF AN ELECTRIC CORPORATION;
(D) A SUBSCRIBER COMPANY SHALL ONLY SELL TO SUBSCRIBERS AND SHALL NOT
SELL OR OTHERWISE MARKET TO A THIRD-PARTY, ELECTRIC CORPORATION, PUBLIC
POWER AUTHORITY, RURAL ELECTRIC CO-OPERATIVE, OR WHOLESALE BULK ELECTRIC
SYSTEM OPERATOR, WHETHER OR NOT SUCH WHOLESALE BULK ELECTRIC SYSTEM
OPERATOR IS LOCATED IN NEW YORK; AND
(E) AN ELECTRIC CORPORATION SHALL NOT BE REQUIRED TO PURCHASE ENERGY
PRODUCED BY A SHARED RENEWABLE ENERGY FACILITY BUT WHICH IS UNSUB-
SCRIBED.
6. THE ORDER ESTABLISHED BY THE COMMISSION SHALL INCLUDE SUBSCRIBER
PROTECTION STANDARDS TO BE INCLUDED IN THE POWER SUBSCRIBER AGREEMENT,
WHICH SHALL:
(A) (I) ESTABLISH CLEAR AND CONSISTENT CHARGES BASED ON A SUBSCRIBER'S
PRO-RATA SHARE OF A SHARED RENEWABLE ENERGY FACILITY'S OUTPUT EXPRESSED
AS MONTHLY CHARGES BASED ON PER KILOWATT HOUR PRODUCTION; (II) GUARANTEE
REFUNDS FROM THE SUBSCRIBER COMPANY TO THE SUBSCRIBER FOR ANY PORTION OF
SUCH SHARE THAT SUCH SHARED RENEWABLE ENERGY FACILITY DOES NOT ACTUALLY
PRODUCE; AND (III) GUARANTEE REFUNDS FROM A SUBSCRIBER COMPANY FOR ANY
PORTION OF A SUBSCRIBER'S SHARE THAT WAS NOT ACTUALLY CONSUMED BY THE
SUBSCRIBER;
(B) LIMIT THE TERM OF A POWER SUBSCRIBER AGREEMENT: (I) FOR SUBSCRIB-
ERS WHO ARE RESIDENTIAL CUSTOMERS OF AN ELECTRIC CORPORATION, TO NO
GREATER THAN FIVE YEARS; AND (II) FOR SUBSCRIBERS WHO ARE NON-RESIDEN-
TIAL CUSTOMERS OF AN ELECTRIC CORPORATION, TO NO GREATER THAN TEN YEARS,
PROVIDED THAT A SUBSCRIBER MAY RENEW HIS OR HER SUBSCRIPTION UPON ITS
EXPIRATION FOR AN ADDITIONAL TERM;
(C) REQUIRE THAT, IN THE CASE OF A SHARED RENEWABLE ENERGY FACILITY
WHICH HAS NOT BEEN INTERCONNECTED UPON THE SIGNING OF A POWER SUBSCRIBER
AGREEMENT, THE SUBSCRIBER COMPANY SHALL IMMEDIATELY NOTIFY EACH
SUBSCRIBER UPON THE INTERCONNECTION OF SUCH SHARED RENEWABLE ENERGY
FACILITY THAT HE OR SHE HAS FORTY-FIVE DAYS UPON THE RECEIPT OF THE
NOTICE REQUIRED PURSUANT TO THIS PARAGRAPH TO CANCEL HIS OR HER
SUBSCRIPTION WITH NO CANCELLATION OR OTHER CHARGES ASSESSED BY HIS OR
HER SUBSCRIBER COMPANY, PROVIDED THAT IF A SHARED RENEWABLE ENERGY
FACILITY IS NOT INTERCONNECTED WITHIN ONE YEAR OF THE COMPLETION OF A
POWER SUBSCRIBER AGREEMENT, THE SUBSCRIBER AGREEMENT WILL BE NULL AND
VOID;
(D) REQUIRE THAT, IN THE CASE OF A SHARED RENEWABLE ENERGY FACILITY
WHICH WAS INTERCONNECTED PRIOR TO THE SIGNING OF A POWER SUBSCRIBER
AGREEMENT, THE SUBSCRIBER SHALL HAVE FORTY-FIVE DAYS UPON THE SIGNING OF
A POWER SUBSCRIBER AGREEMENT TO CANCEL HIS OR HER SUBSCRIPTION WITH NO
CANCELLATION OR OTHER CHARGES ASSESSED BY HIS OR HER SUBSCRIBER COMPANY;
(E) PROHIBIT A SUBSCRIBER COMPANY FROM TRANSFERRING A SUBSCRIPTION
FROM ONE SHARED RENEWABLE ENERGY FACILITY TO ANOTHER, REGARDLESS OF
WHETHER THE SUBSCRIBER FACILITY TO WHICH A SUBSCRIBER AGREEMENT WOULD BE
TRANSFERRED IS OWNED OR OPERATED BY THE SAME COMPANY, WITHOUT A
SUBSCRIBER'S CONSENT;
(F) ESTABLISH THAT ANY COMPLAINTS BY A SUBSCRIBER ABOUT HIS OR HER
SUBSCRIPTION SHALL BE NOT BE THE RESPONSIBILITY OF THE ELECTRIC CORPO-
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RATION BUT INSTEAD SHALL BE THE RESPONSIBILITY OF THE SUBSCRIBER COMPA-
NY;
(G) REQUIRE A SUBSCRIBER COMPANY SEEKING TO INTERCONNECT PURSUANT TO
THIS SECTION TO ESTABLISH AND MAINTAIN A COMPLAINT HANDLING PROCESS;
(H) PROHIBIT A SUBSCRIBER COMPANY FROM CHARGING DIFFERENTIAL
SUBSCRIPTION FEES TO SUBSCRIBERS WHO ARE CUSTOMERS OF THE SAME CLASS OF
ELECTRIC SERVICE WHOSE PRO-RATA SHARE OF A SHARED RENEWABLE ENERGY
FACILITY'S OUTPUT IS THE SAME;
(I) DETERMINE THE APPROPRIATENESS OF A SUBSCRIBER COMPANY REQUIRING
DEPOSITS FOR A SUBSCRIPTION IN A SHARED RENEWABLE FACILITY, AND IF SO
DETERMINED, THE ALLOWANCES AND/OR LIMITATIONS FOR SUCH DEPOSITS; AND
(J) INCLUDE ANY ADDITIONAL CONSUMER PROTECTIONS THE COMMISSION DEEMS
NECESSARY.
7. IN DEVELOPING ITS ORDER, THE COMMISSION SHALL CONSIDER:
(A) THE NECESSITY OF ADDITIONAL ELECTRIC CAPACITY IN AN ELECTRIC
CORPORATION'S TRANSMISSION AND DISTRIBUTION SYSTEM TERRITORY;
(B) THE COST OF ELECTRIC SYSTEM UPGRADES NECESSARY TO ACCOMMODATE THE
INTERCONNECTION AND OPERATION OF A SHARED RENEWABLE ENERGY FACILITY,
INCLUDING THE IMPACT OF SUCH UPGRADES ON LOW-INCOME CUSTOMERS OF AN
ELECTRIC CORPORATION; AND
(C) THE ABILITY OF A SHARED RENEWABLE ENERGY FACILITY TO PRODUCE RELI-
ABLE ELECTRICITY DURING TIMES OF PEAK ELECTRIC DEMAND AS DETERMINED BY
THE COMMISSION.
8. INTERCONNECTION OF SHARED RENEWABLE ENERGY FACILITIES AND CONDI-
TIONS OF SERVICE. THE COMMISSION SHALL DEVELOP A MODEL CONTRACT TO
GOVERN THE PROVISIONS OF INTERCONNECTION BETWEEN A SUBSCRIBER COMPANY
AND AN ELECTRIC CORPORATION. UPON THE COMPLETION OF THE ORDER REQUIRED
PURSUANT TO SUBDIVISION TWO OF THIS SECTION AN ELECTRIC CORPORATION
SHALL PROVIDE FOR THE INTERCONNECTION OF SHARED RENEWABLE ENERGY FACILI-
TIES PROVIDED THAT THE SUBSCRIBER COMPANY ENTERS INTO A CONTRACT WITH
THE ELECTRIC CORPORATION, AND COMPLIES WITH THE ELECTRIC CORPORATION'S
SCHEDULE AND WITH STANDARDS AND REQUIREMENTS OF THIS SECTION. NO ELEC-
TRIC CORPORATION SHALL PERMIT THE INTERCONNECTION OF A SHARED RENEWABLE
ENERGY FACILITY NOR ACCEPT A SUBSCRIPTION ROSTER FROM A SUBSCRIBER
COMPANY FOR A SHARED RENEWABLE ENERGY FACILITY UNLESS SUCH FACILITY (A)
HAS AT LEAST TEN SUBSCRIBERS; AND (B) IS LOCATED IN A SHARED RENEWABLE
ENERGY FACILITY COMPATIBILITY AND ACCOMMODATION ZONE AS REFLECTED ON A
MAP PURSUANT TO SUBDIVISION FOUR OF THIS SECTION. EACH ELECTRIC CORPO-
RATION SHALL INTERCONNECT SHARED RENEWABLE ENERGY FACILITIES LOCATED
WITHIN THE BOUNDARIES OF THE SHARED RENEWABLE ENERGY FACILITY COMPAT-
IBILITY AND ACCOMMODATION ZONE MAP PURSUANT TO SUBDIVISION FOUR OF THIS
SECTION ON A FIRST COME, FIRST SERVED BASIS, UNTIL THE TOTAL RATED
GENERATING CAPACITY ATTRIBUTABLE TO SUCH FACILITIES IS EQUIVALENT TO ONE
HALF OF ONE PERCENT OF THE ELECTRIC CORPORATION'S ELECTRIC DEMAND FOR
THE YEAR TWO THOUSAND FIVE, AS DETERMINED BY THE COMMISSION, PROVIDED
THAT THE COMMISSION SHALL HAVE THE AUTHORITY, AFTER JANUARY FIRST, TWO
THOUSAND TWENTY-FOUR, TO INCREASE THE PERCENT LIMIT IF IT DETERMINES
THAT ADDITIONAL INTERCONNECTION OF SHARED RENEWABLE ENERGY FACILITIES IS
IN THE PUBLIC INTEREST, PROVIDED FURTHER THAT NO GREATER THAN TWENTY
PERCENT OF THE COMBINED NAMEPLATE CAPACITY OF SHARED RENEWABLE ENERGY
FACILITIES AUTHORIZED PURSUANT TO THIS SECTION SHALL BE LOCATED IN A
POTENTIAL ENVIRONMENTAL JUSTICE AREA AS DETERMINED BY THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION, AS SUCH AREAS WERE DEPICTED ON MAY FIFTH,
TWO THOUSAND FOURTEEN. IN THE EVENT THAT THE ELECTRIC CORPORATION DETER-
MINES THAT IT IS NECESSARY TO INSTALL A DEDICATED TRANSFORMER OR TRANS-
FORMERS, OR OTHER EQUIPMENT TO PROTECT THE SAFETY AND ADEQUACY OF ELEC-
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TRIC SERVICE PROVIDED TO CUSTOMERS, THE SUBSCRIBER COMPANY SHALL PAY THE
ELECTRIC CORPORATION'S ACTUAL COSTS OF INSTALLING THE TRANSFORMER OR
TRANSFORMERS, OR OTHER EQUIPMENT.
9. (A) FOR A SHARED RENEWABLE ENERGY FACILITY, THE TOTAL AMOUNT OF
ELECTRICAL OUTPUT AVAILABLE FOR ALLOCATION TO SUBSCRIBERS SHALL BE
DETERMINED BY A PRODUCTION METER INSTALLED AT THE SHARED RENEWABLE ENER-
GY FACILITY AND PAID FOR BY THE SUBSCRIBER COMPANY OWNING SUCH SHARED
RENEWABLE ENERGY FACILITY. IT SHALL BE THE RESPONSIBILITY OF THE ELEC-
TRIC CORPORATION TO READ THE PRODUCTION METER AND APPLY BILL CREDITS TO
SUBSCRIBERS OF SUCH FACILITIES AS DIRECTED UNDER A SUBSCRIPTION ROSTER,
PROVIDED THAT AN ELECTRIC CORPORATION MAY ASSESS A CHARGE TO A SUBSCRIB-
ER COMPANY TO RECOVER REASONABLE EXPENSES RELATED TO THE READING OF A
PRODUCTION METER.
(B) A SUBSCRIBER COMPANY SHALL BE RESPONSIBLE FOR PROVIDING TO THE
ELECTRIC CORPORATION, AT THE BEGINNING OF EACH BILLING CYCLE, OR OTHER
PERIOD AS DETERMINED BY THE COMMISSION, A SUBSCRIPTION ROSTER IDENTIFY-
ING THE PRO-RATA SHARE OF ELECTRICAL OUTPUT ALLOCATED TO EACH SUBSCRIB-
ER. A SUBSCRIBER COMPANY MAY ADD ADDITIONAL SUBSCRIBER AGREEMENTS TO A
SUBSCRIPTION ROSTER FOR THE PRECEDING BILLING CYCLE, OR OTHER PERIOD AS
DETERMINED BY THE COMMISSION.
(C) AT THE END OF EACH MONTH, THE ELECTRIC CORPORATION SHALL APPLY A
CREDIT TO THE NEXT BILL FOR SERVICE TO EACH SUBSCRIBER BASED ON EACH
SUBSCRIBER'S PRO-RATA SHARE OF THE ACTUAL ELECTRICAL OUTPUT OF SUCH
FACILITY AT THE SAME RATE PER KILOWATT HOUR APPLICABLE TO SERVICE
PROVIDED TO OTHER CUSTOMERS IN THE SAME SERVICE CLASS WHICH DO NOT
SUBSCRIBE TO A SHARED RENEWABLE ENERGY FACILITY.
(D) IN THE EVENT THAT THE ELECTRICAL OUTPUT PRODUCED BY A SHARED
RENEWABLE ENERGY FACILITY AND ALLOCATED TO A SUBSCRIBER DURING A BILLING
PERIOD EXCEEDS THE AMOUNT OF ELECTRICITY USED BY A SUBSCRIBER, THE ELEC-
TRIC CORPORATION SHALL APPLY A CREDIT FOR SUCH EXCESS OUTPUT TO THE NEXT
BILL FOR SERVICE TO THE SUBSCRIBER FOR THE NET ELECTRICITY PROVIDED AT
THE SAME RATE PER KILOWATT HOUR APPLICABLE TO SERVICE PROVIDED TO OTHER
CUSTOMERS IN THE SAME SERVICE CLASS WHICH DO NOT SUBSCRIBE TO A SHARED
RENEWABLE ENERGY FACILITY.
(E) IN THE EVENT THAT THE ELECTRIC CORPORATION IMPOSES CHARGES BASED
ON KILOWATT DEMAND ON CUSTOMERS WHO ARE IN THE SAME SERVICE CLASS AS A
SUBSCRIBER WHO IS ENTITLED TO THE OUTPUT OF A SHARED RENEWABLE ENERGY
FACILITY PURSUANT TO A SUBSCRIPTION IN A SHARED RENEWABLE ENERGY FACILI-
TY BUT ARE NOT SUBSCRIBERS, THE ELECTRIC CORPORATION MAY IMPOSE THE SAME
CHARGES AT THE SAME RATES TO THE SUBSCRIBER, PROVIDED HOWEVER, THAT THE
KILOWATT DEMAND FOR SUCH DEMAND CHARGES IS DETERMINED BY THE MAXIMUM
MEASURED KILOWATT DEMAND ACTUALLY SUPPLIED BY THE ELECTRIC CORPORATION
TO THE SUBSCRIBER DURING THE BILLING PERIOD.
10. (A) ON OR BEFORE THREE MONTHS AFTER THE EFFECTIVE DATE OF THIS
SECTION, THE COMMISSION SHALL ESTABLISH STANDARDS FOR THE SAFE AND
ADEQUATE INTERCONNECTION OF SHARED RENEWABLE ENERGY FACILITIES. SUCH
STANDARDS MAY INCLUDE, BUT SHALL NOT BE LIMITED TO:
(I) EQUIPMENT NECESSARY TO ISOLATE AUTOMATICALLY THE FACILITY FROM THE
ELECTRIC TRANSMISSION AND DISTRIBUTION SYSTEM FOR VOLTAGE IN THE CASE OF
VOLTAGE AND FREQUENCY DEVIATIONS, POWER OUTAGES AND OTHER EVENTS THE
COMMISSION DEEMS NECESSARY; AND
(II) A MANUAL LOCKABLE DISCONNECT SWITCH PAID FOR AND INSTALLED BY THE
SUBSCRIBER COMPANY FOR THE PURPOSE OF ISOLATING THE FACILITY AND LOCATED
IN AN EASILY ACCESSIBLE AREA ON THE PREMISES OF SUCH SHARED RENEWABLE
ENERGY FACILITY AND EXTERNALLY ACCESSIBLE FOR THE PURPOSE OF ISOLATING
THE SHARED RENEWABLE ENERGY FACILITY.
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(B) IN THE EVENT THAT THE TOTAL RATED GENERATING CAPACITY OF A SHARED
RENEWABLE ENERGY FACILITY 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 SUBSCRIBER COMPANY OWNING SUCH SHARED RENEWABLE ENERGY
FACILITY TO COMPLY WITH REASONABLE MEASURES TO ENSURE THE SAFETY OF THE
LOCAL FEEDER LINE.
(C) 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.
S 5. 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 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; AND (III) TO IMPLEMENT PROGRAMS AND
POLICIES DESIGNED TO PROVIDE FOR THE INTERCONNECTION OF SHARED RENEWABLE
ENERGY FACILITIES OWNED AND OPERATED BY SUBSCRIBER COMPANIES FOR THE
BENEFIT OF RESIDENTIAL AND NON-RESIDENTIAL CUSTOMERS CONSISTENT WITH
SECTION SIXTY-SIX-N OF THE PUBLIC SERVICE LAW.
S 6. This act shall take effect immediately.