senate Bill S5150A

2013-2014 Legislative Session

Relates to net metering

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to energy and telecommunications
returned to senate
died in assembly
Jun 24, 2013 referred to energy
Jun 21, 2013 delivered to assembly
passed senate
ordered to third reading cal.1615
committee discharged and committed to rules
Jun 18, 2013 print number 5150a
amend and recommit to energy and telecommunications
May 10, 2013 referred to energy and telecommunications

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S5150 - Bill Details

See Assembly Version of this Bill:
A7311B
Current Committee:
Law Section:
Public Service Law
Laws Affected:
Amd §66-j, Pub Serv L

S5150 - Bill Texts

view summary

Relates to net metering and designating all or a portion of net metering credits generated by equipment.

view sponsor memo
BILL NUMBER:S5150

TITLE OF BILL: An act to amend the public service law, in relation to
net metering

PURPOSE:

The purpose of this bill is to facilitate the development of large
scale photovoltaic installations through net metering in cities of a
million or more.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends subparagraph (iii) of paragraph (a) of
subdivision 1 of section 66-j of the Public Service Law to include "a
corporation that owns, leases, or operates solar electric generating
equipment on property owned or leased by a non-residential customer of
an electric corporation" in the definition of a customer-generator.

Section 2 of the bill amends paragraph (d) of subdivision 1 of section
66-j of the Public Service Law to change the existing net energy
metering rated capacity limit in a city having a population of one
million or more from "not more than two thousand kilowatts" to "not
more than ten thousand kilowatts."

Section 3 of the bill amends paragraph (e) of subdivision 3 of section
66-j of the Public Service Law to allow net metering credits to be
transferred to a third party in a city having a population of one
million or more.

JUSTIFICATION:

In 1997, New York State began to allow customers to utilize net
metering to promote the installation of renewable energy while
reducing their utility bills. Net metering is a straightforward method
of encouraging customer investment in renewable energy. Net metering
allows the owner of an on-site renewable energy system to receive a
credit on his or her utility bill for any unused power supplied to the
electric grid by the system. "Net", in this context, is used in the
sense of meaning "what remains after deductions," in this case, the
deduction of any energy outflows from metered energy inflows. Under
net metering, a system owner receives retail credit for at least a
portion of the electricity they generate. The credit then offsets the
power received from the grid when the customer consumes more energy
than the system is generating. In addition to acting as a hedge
against rising energy costs and reducing overall stress on the
electric grid, on-site renewable energy systems provide numerous
environmental, public health, and economic development benefits to
local communities.

This bill proposes a dramatic increase of allowable kilowatts for a
net metered project, the largest increase to date. By increasing the
cap for cities of one million or more, we would be expanding the
universe of people who can easily access net metering and thereby
expanding renewable energy generation, reducing emissions and
decreasing consumer's utility bills. The use of a third-party


arrangement as proposed here would allow the transfer of net metering
credits to a customer that owns or leases the property where the solar
cells are to be located, and that otherwise has electricity demand in
the applicable load zone within the service territory. Such an
arrangement would remain consistent with the overall goal of the net
metering statute, while introducing a much-needed degree of
flexibility to address the market realities necessary to facilitate
the siting of larger-scale projects in an urban environment. If
enacted, the proposed amendment is likely to markedly increase the
amount of renewable power that can be generated in cities of one
million or more, thus reducing the need for inefficient peak load
generation from fossil fuel sources, avoiding or deferring the need
for costly utility infrastructure investments, and enhancing air
quality.

LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

To Be Determined.

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                  5150

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 10, 2013
                               ___________

Introduced by Sen. MAZIARZ -- (at request of the NYC Office of Long Term
  Planning  and  Sustainability)  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Energy and Telecommu-
  nications

AN ACT to amend the public service law, in relation to net metering

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

  Section  1.  Subparagraph  (iii)  of paragraph (a) of subdivision 1 of
section 66-j of the public service law, as amended by chapter 546 of the
laws of 2011, is amended to read as follows:
  (iii) a non-residential customer of an electric corporation which owns
or operates solar electric generating equipment located and used at  its
premises, OR A CORPORATION THAT OWNS, LEASES, OR OPERATES SOLAR ELECTRIC
GENERATING  EQUIPMENT  ON  PROPERTY OWNED OR LEASED BY A NON-RESIDENTIAL
CUSTOMER OF AN ELECTRIC CORPORATION;
  S 2. Paragraph (d) of subdivision 1 of  section  66-j  of  the  public
service  law, as amended by chapter 7 of the laws of 2010, is amended to
read as follows:
  (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,  (1) with a rated capacity of not more than two thou-
sand kilowatts, OR (2) WITHIN A CITY HAVING A POPULATION OF ONE  MILLION
OR  MORE, WITH A RATED CAPACITY OF NOT MORE THAN TEN 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 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10737-01-3

S. 5150                             2

  S 3. Paragraph (e) of subdivision 3 of  section  66-j  of  the  public
service  law,  as amended by chapter 546 of the laws of 2011, is amended
to read as follows:
  (e)  (I) A customer who owns or operates a farm operation as such term
is defined in subdivision eleven of section three  hundred  one  of  the
agriculture  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.
  (II)  WITHIN  A  CITY  HAVING A POPULATION OF ONE MILLION OR MORE, THE
CUSTOMER-GENERATOR MAY DESIGNATE ALL OR A PORTION OF  THE  NET  METERING
CREDITS  GENERATED  BY  SUCH  EQUIPMENT  TO  ONE OR MORE METERS (A) OF A
CUSTOMER THAT OWNS OR LEASES THE PROPERTY ON WHICH THE GENERATION FACIL-
ITY IS LOCATED, AND (B) THAT ARE INSTALLED AT ANY PROPERTY LOCATED 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  SUCH ELIGIBLE CUSTOMERS AS DIRECTED BY THE CUSTOMER-GENERATOR, UNTIL
ALL SUCH CREDITS ATTRIBUTED TO THE CUSTOMER-GENERATOR HAVE BEEN DISTRIB-
UTED. ANY EXCESS CREDITS SHALL BE CARRIED OVER TO THE FOLLOWING MONTH.
  S 4. This act shall take effect immediately.

Co-Sponsors

S5150A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7311B
Current Committee:
Law Section:
Public Service Law
Laws Affected:
Amd §66-j, Pub Serv L

S5150A (ACTIVE) - Bill Texts

view summary

Relates to net metering and designating all or a portion of net metering credits generated by equipment.

view sponsor memo
BILL NUMBER:S5150A

TITLE OF BILL:
An act
to amend the public service law, in relation to net metering

PURPOSE:
The purpose of this bill is to facilitate the development of large
scale photovoltaic installations through net metering in cities of a
million or more.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends subparagraph (iii) of paragraph (a) of
subdivision 1 of section 66-j of the Public Service Law.

Section 2 of the bill amends paragraph (d) of subdivision 1 of section
66-j of the Public Service Law.

Section 4 of the bill amends
paragraph (e) of subdivision 3 of section 66-j of the Public Service
Law.

JUSTIFICATION:
In 1997, New York State began to allow customers to utilize net
metering to promote the installation of renewable energy while
reducing their utility bills. Net metering is a straightforward
method of encouraging customer investment in renewable energy. Net
metering allows the owner of an on-site renewable energy system to
receive a credit on his or her utility bill for any unused power
supplied to the electric grid by the system. "Net", in this context,
is used in the sense of meaning "what remains after deductions," in
this case, the deduction of any energy outflows from metered energy
inflows. Under net metering, a system owner receives retail credit
for at least a portion of the electricity they generate. The credit
then offsets the power received from the grid when the customer
consumes more energy than the system is generating. In addition to
acting as a hedge against rising energy costs and reducing overall
stress on the electric grid, on-site renewable energy systems provide
numerous environmental, public health, and economic development
benefits to local communities.

This bill proposes a dramatic increase of allowable kilowatts for a
net metered project, the largest increase to date. By increasing the
cap for cities of one million or more, we would be expanding the
universe of people who can easily access net metering and thereby
expanding renewable energy generation, reducing emissions and
decreasing consumer's utility bills. The use of a third-party
arrangement as proposed here would allow the transfer of net metering
credits to a customer that owns
or leases the property where the solar cells are to be located, and
that otherwise has electricity demand in the applicable load zone

within the service territory. Such an arrangement would remain
consistent with the overall goal of the net metering statute, while
introducing a much-needed degree of flexibility to address the market
realities necessary to facilitate the siting of larger-scale projects
in an urban environment. If enacted, the proposed amendment is likely
to markedly increase the amount of renewable power that can be
generated in cities of one million or more, thus reducing the need for
inefficient peak load generation from fossil fuel sources, avoiding or
deferring the need for costly utility infrastructure investments, and
enhancing air quality.

LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE:
This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5150--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 10, 2013
                               ___________

Introduced  by  Sens.  MAZIARZ,  LANZA,  PARKER,  SAMPSON, SAVINO -- (at
  request of the NYC Office of Long Term Planning and Sustainability) --
  read twice and ordered printed, and when printed to  be  committed  to
  the   Committee   on   Energy   and  Telecommunications  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the public service law, in relation to net metering

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

  Section  1.  Subparagraph  (iii)  of paragraph (a) of subdivision 1 of
section 66-j of the public service law, as amended by chapter 546 of the
laws of 2011, is amended to read as follows:
  (iii) a non-residential customer of an electric corporation which owns
or operates solar electric generating equipment located and used at  its
premises, OR A CORPORATION THAT OWNS, LEASES, OR OPERATES SOLAR ELECTRIC
GENERATING  EQUIPMENT  ON  PROPERTY OWNED OR LEASED BY A NON-RESIDENTIAL
CUSTOMER OF AN ELECTRIC CORPORATION;
  S 2. Paragraph (d) of subdivision 1 of  section  66-j  of  the  public
service  law, as amended by chapter 7 of the laws of 2010, is amended to
read as follows:
  (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,  (1) with a rated capacity of not more than two thou-
sand kilowatts, OR (2) WITHIN A CITY HAVING A POPULATION OF ONE  MILLION
OR  MORE, WITH A RATED CAPACITY OF NOT MORE THAN TEN 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 with an electric  corpo-
ration's  transmission and distribution facilities, and that is operated

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10737-07-3

S. 5150--A                          2

in compliance with any standards and requirements established under this
section.
  S  3.  Subparagraph (iii) of paragraph (a) of subdivision 3 of section
66-j of the public service law, as amended by chapter 546 of the laws of
2011, is amended to read as follows:
  (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,  fuel cell electric generating equipment and micro-hydroelec-
tric generating equipment owned, leased or operated by  customer-genera-
tors  in  the corporation's service area is equivalent to one percent of
the corporation's electric demand for the year  two  thousand  five,  as
determined  by the department.  WITHIN A CITY HAVING A POPULATION OF ONE
MILLION OR MORE, NO MORE  THAN  FORTY  MEGAWATTS  OF  THE  TOTAL  AMOUNT
ALLOWED  HEREUNDER SHALL BE RESERVED FOR SOLAR PHOTOVOLTAIC SYSTEMS WITH
A RATED  CAPACITY  OF  AT  LEAST  ONE  THOUSAND  KILOWATTS,  AS  FURTHER
DESCRIBED IN ITEM TWO OF CLAUSE (B) OF SUBPARAGRAPH (I) OF PARAGRAPH (D)
OF SUBDIVISION ONE OF THIS SECTION.
  S  4.  Paragraph  (e)  of  subdivision 3 of section 66-j of the public
service law, as amended by chapter 546 of the laws of 2011,  is  amended
to read as follows:
  (e)  (I) A customer who owns or operates a farm operation as such term
is defined in subdivision eleven of section three  hundred  one  of  the
agriculture  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.
  (II)  AS  AN  ALTERNATIVE TO THE RIGHTS ESTABLISHED UNDER SUBPARAGRAPH
(I) OF THIS PARAGRAPH, A CUSTOMER-GENERATOR LOCATED WITHIN A CITY HAVING
A POPULATION OF ONE MILLION OR MORE MAY ELECT  TO  DESIGNATE  ALL  OR  A
PORTION OF THE NET METERING CREDITS GENERATED BY SOLAR ELECTRIC GENERAT-
ING EQUIPMENT AS DESCRIBED IN ITEM TWO OF CLAUSE (B) OF SUBPARAGRAPH (I)
OF  PARAGRAPH (D) OF SUBDIVISION ONE OF THIS SECTION PROVIDED THE EQUIP-
MENT WAS INSTALLED PRIOR TO JANUARY FIRST, TWO THOUSAND EIGHTEEN TO  ONE
OR  MORE  METERS OF UP TO TEN CUSTOMER ACCOUNTS, PROVIDED THAT EACH SUCH
CUSTOMER ACCOUNT HAS AN ON-SITE LOAD OF AT LEAST ONE HUNDRED  KILOWATTS;
AND  PROVIDED,  THAT  ANY METERS DESIGNATED TO RECEIVE CREDITS HEREUNDER
MUST BE INSTALLED AT ANY PROPERTY LOCATED WITHIN THE  SERVICE  TERRITORY
OF  THE  SAME ELECTRIC CORPORATION TO WHICH THE CUSTOMER-GENERATOR'S NET
ENERGY METERS ARE INTERCONNECTED AND ARE LOCATED 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 SUCH ELIGIBLE

S. 5150--A                          3

CUSTOMERS AS DIRECTED BY THE CUSTOMER-GENERATOR, UNTIL ALL SUCH  CREDITS
ATTRIBUTED  TO  THE CUSTOMER-GENERATOR HAVE BEEN DISTRIBUTED. ANY EXCESS
CREDITS SHALL BE  CARRIED  OVER  TO  THE  FOLLOWING  MONTH,  AS  FURTHER
DESCRIBED IN PARAGRAPH (C) OF SUBDIVISION FOUR OF THIS SECTION.
  S  5.  Paragraph  (c)  of  subdivision 4 of section 66-j of the public
service law, as amended by chapter 355 of the laws of 2009,  is  amended
to read as follows:
  (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.  THE CORPORATION SHALL CARRY OVER, FOR A  PERIOD
NOT  TO  EXCEED  ONE  YEAR, REMAINING CREDITS FOR THE EXCESS ELECTRICITY
PRODUCED DURING THE YEAR OR OVER THE ANNUALIZED PERIOD BY THE  CUSTOMER-
GENERATOR  PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (E) OF SUBDIVISION
THREE OF THIS SECTION.
  S 6. This act shall take effect immediately.

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