S T A T E   O F   N E W   Y O R K
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                                 5149--A
    Cal. No. 71

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 10, 2013
                               ___________

Introduced by Sens. MAZIARZ, DeFRANCISCO, MONTGOMERY, PARKER, RANZENHOF-
  ER,  SAMPSON -- read twice and ordered printed, and when printed to be
  committed to the Committee on Energy and Telecommunications --  recom-
  mitted to the Committee on Energy and Telecommunications in accordance
  with  Senate Rule 6, sec. 8 -- reported favorably from said committee,
  ordered to first and second report, ordered to a third reading, passed
  by Senate and delivered to the Assembly, recalled, vote  reconsidered,
  restored  to  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 a  study  by  the
  public service commission on net metering

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

  Section 1. The public service law is amended by adding a  new  section
66-n to read as follows:
  S  66-N.  NET  METERING STUDY. THE COMMISSION SHALL CONDUCT A STUDY TO
ANALYZE THE ECONOMIC AND ENVIRONMENTAL BENEFITS FROM  AND  THE  ECONOMIC
COST  BURDEN,  IF ANY, OF THE NET ENERGY METERING PROGRAM AND TO ANALYZE
THE EXTENT TO WHICH RATEPAYERS RECEIVING SERVICE UNDER  THE  NET  ENERGY
METERING  PROGRAM  ARE PAYING THE FULL COST OF SERVICES PROVIDED TO THEM
BY COMBINED ELECTRIC AND GAS CORPORATIONS AND GAS CORPORATIONS, AND  THE
EXTENT  TO  WHICH THEIR CUSTOMERS PAY A SHARE OF COSTS OF PUBLIC PURPOSE
PROGRAMS THROUGH ASSESSMENTS ON THEIR  ELECTRIC  AND/OR  GAS  BILLS.  IN
ANALYZING PROGRAM COSTS AND BENEFITS FOR THE PURPOSES OF THIS STUDY, THE
COMMISSION  SHALL  CONSIDER ALL ELECTRICITY GENERATED BY RENEWABLE ELEC-
TRIC GENERATING SYSTEMS ELIGIBLE FOR NET METERING UNDER SECTIONS  SIXTY-
SIX-J  AND  SIXTY-SIX-L  OF THIS ARTICLE, INCLUDING THE ELECTRICITY USED
ONSITE TO REDUCE THE CUSTOMER'S CONSUMPTION OF  ELECTRICITY  THAT  WOULD
OTHERWISE BE SUPPLIED THROUGH THE ELECTRICAL GRID, AS WELL AS ELECTRICAL
OUTPUT  THAT  IS  BEING  FED  BACK  TO THE ELECTRICAL GRID FOR WHICH THE
CUSTOMER RECEIVES CREDIT OR NET SURPLUS ELECTRICITY  COMPENSATION  UNDER

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

                                                           LBD10909-02-4

S. 5149--A                          2

NET  ENERGY  METERING.  AS IT RELATES TO THE ENVIRONMENTAL BENEFITS, THE
STUDY SHALL QUANTIFY THE APPROXIMATE AVOIDED LEVEL OF HARMFUL  EMISSIONS
INCLUDING, BUT NOT LIMITED TO, INFORMATION CONCERNING: NITROGEN DIOXIDE,
SULFUR  DIOXIDE  AND  CARBON  DIOXIDE,  AS  WELL AS OTHER AIR POLLUTANTS
DEEMED NECESSARY AND APPROPRIATE FOR STUDY BY THE COMMISSION. THE  STUDY
SHALL ALSO QUANTIFY THE ECONOMIC COSTS AND BENEFITS OF NET ENERGY METER-
ING  TO PARTICIPANTS AND NON-PARTICIPANTS AND SHALL FURTHER DISAGGREGATE
THE RESULTS BY UTILITY.  THE STUDY SHALL ALSO GATHER AND PRESENT DATA ON
THE INCOME DISTRIBUTION OF RESIDENTIAL NET METERING PARTICIPANTS THAT IS
PUBLICLY AVAILABLE AND AGGREGATED BY ZIP CODE AND COUNTY.  IN  ORDER  TO
ASSESS THE ECONOMIC COSTS AND BENEFITS AT VARIOUS LEVELS OF NET METERING
IMPLEMENTATION,  THE  STUDY SHALL BE CONDUCTED USING MULTIPLE NET ENERGY
METERING PENETRATION SCENARIOS.
  THE COMMISSION SHALL PUBLISH A REPORT FROM ITS  FINDINGS.  THE  REPORT
MUST  BE PUBLISHED WITHIN THREE HUNDRED SIXTY-FIVE DAYS OF THE EFFECTIVE
DATE OF THIS SECTION. A COPY OF THE REPORT  MUST  BE  FURNISHED  TO  THE
TEMPORARY  PRESIDENT  OF  THE  SENATE,  THE SPEAKER OF THE ASSEMBLY, THE
CHAIR OF THE SENATE ENERGY  AND  TELECOMMUNICATIONS  COMMITTEE  AND  THE
CHAIR OF THE ASSEMBLY ENERGY COMMITTEE.
  S 2. This act shall take effect immediately.