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
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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
A. 1538 2
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.