S T A T E   O F   N E W   Y O R K
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                                  1538

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2015
                               ___________

Introduced  by  M.  of  A.  HEVESI, MOYA, SIMOTAS, BORELLI, SCARBOROUGH,
  TITONE -- read once and referred to the Committee on Energy

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 253 of the laws of 2013, is amended
to read as follows:
  (d) "Solar electric generating equipment" means a photovoltaic  system
(i) (A) in the case of a residential customer (other than a farm utiliz-
ing  a  residential meter), with a rated capacity of not more than twen-
ty-five kilowatts; (B) in the case of 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 utilizing  a  resi-
dential  meter  with a rated capacity of not more than one hundred kilo-
watts; and (C) in the case of a non-residential  customer,  (1)  with  a
rated  capacity of not more than two thousand 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 oper-
ated in conjunction with  an  electric  corporation's  transmission  and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04652-02-5

              

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distribution  facilities,  and  that  is operated 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 (C) 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 (C) OF SUBPARAGRAPH (I)
OF  PARAGRAPH (D) OF SUBDIVISION ONE OF THIS SECTION PROVIDED THE EQUIP-
MENT WAS INSTALLED PRIOR TO JANUARY FIRST, TWO THOUSAND TWENTY 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

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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 494 of the laws of 2014,  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), (ii) or (ix) of paragraph (a) of subdivi-
sion one of this section, for the value of any remaining credit for  the
excess electricity produced during the year or over the annualized peri-
od  by  the  customer-generator. THE CORPORATION SHALL CARRY OVER, FOR A
PERIOD NOT TO EXCEED ONE YEAR, REMAINING CREDITS FOR  THE  EXCESS  ELEC-
TRICITY  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.