S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    822
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2017
                                ___________
 
 Introduced  by  Sens.  FUNKE, AMEDORE, CARLUCCI, MARCHIONE -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Energy and Telecommunications
 
 AN ACT to amend the public service law, in relation to the  creation  of
   the New York Farm-to-Urban Consumer Solar Access Act of 2017

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent and purpose. It is  the  intent  of  the
 Legislature  to extend access to the savings and benefits of solar power
 to electricity consumers that reside in multifamily buildings by  allow-
 ing  these consumers to share in the savings and benefits of solar power
 systems located on  agricultural  land  or  other  qualified  properties
 including  landfills  and brownfields. By extending the state's abundant
 solar energy resources to more consumers, it is the  further  intent  of
 the  Legislature to reduce the costs for electricity incurred by consum-
 ers residing in multifamily buildings, to  increase  the  benefits  that
 accrue  to  electricity  consumers that reside in multifamily properties
 from the payment of the system benefit charge, to create new sources  of
 income  for owners of agricultural land and other qualifying properties,
 and to create jobs and increase economic growth for the citizens of  the
 State.
   § 2. Short title. This act shall be known and may be cited as the "New
 York Farm-to-Urban Consumer Solar Access Act of 2017".
   §  3.  The public service law is amended by adding a new article 12 to
 read as follows:
                                ARTICLE 12
                            SHARED SOLAR POWER
 SECTION 240. DEFINITIONS.
         241. SHARED SOLAR POWER.
   § 240. DEFINITIONS. AS USED IN THIS SECTION THE FOLLOWING TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04253-01-7

 S. 822                              2
 
   1.  "SOLAR  ELECTRIC GENERATING EQUIPMENT" MEANS A PHOTOVOLTAIC SYSTEM
 THAT IS:  (A) INTERCONNECTED TO THE DISTRIBUTION SYSTEM ON THE  CUSTOMER
 SIDE  OF  THE  ELECTRIC  DISTRIBUTION  COMPANY  METER,  (B)  OPERATED IN
 CONJUNCTION WITH AN ELECTRIC CORPORATION'S TRANSMISSION AND DISTRIBUTION
 FACILITIES  AND IN COMPLIANCE WITH ANY STANDARDS AND REQUIREMENTS ESTAB-
 LISHED UNDER SECTION SIXTY-SIX-J OF  THIS  CHAPTER,  (C)  WITH  A  RATED
 CAPACITY  OF  NOT  MORE  THAN TWO HUNDRED KILOWATTS UNTIL THE END OF TWO
 THOUSAND EIGHTEEN, FIVE HUNDRED KILOWATTS UNTIL THE END OF TWO  THOUSAND
 NINETEEN  AND  THE  COMMISSION MAY, THROUGH A FORMAL PROCEEDING INCREASE
 THE RATED CAPACITY TO AN AGGREGATE TOTAL OF ONE  MEGAWATT  AT  ANY  TIME
 AFTER  JANUARY FIRST, TWO THOUSAND TWENTY, AND (D) THAT IS MANUFACTURED,
 INSTALLED, AND OPERATED IN ACCORDANCE  WITH  APPLICABLE  GOVERNMENT  AND
 INDUSTRY STANDARDS.
   2. "CUSTOMER-GENERATOR" MEANS A RESIDENTIAL OR NON-RESIDENTIAL CUSTOM-
 ER OF AN ELECTRIC CORPORATION WHO OWNS OR OPERATES SOLAR ELECTRIC GENER-
 ATING  EQUIPMENT  AS DEFINED IN SUBDIVISION ONE OF THIS SECTION, LOCATED
 AND USED AT HIS OR HER FARM OPERATION, AS SUCH TERM IS DEFINED IN SUBDI-
 VISION ELEVEN OF SECTION  THREE  HUNDRED  ONE  OF  THE  AGRICULTURE  AND
 MARKETS  LAW;  OR  A NON-RESIDENTIAL CUSTOMER OF AN ELECTRIC CORPORATION
 WHICH OWNS OR OPERATES SOLAR ELECTRIC GENERATING EQUIPMENT AS DEFINED IN
 SUBDIVISION ONE OF THIS SECTION, LOCATED AND USED AT  A  QUALIFIED  SITE
 PURSUANT TO SUBDIVISION NINE OF THIS SECTION.
   3.  "NET ENERGY METER" MEANS A METER THAT MEASURES THE REVERSE FLOW OF
 ELECTRICITY TO REGISTER THE DIFFERENCE BETWEEN THE ELECTRICITY  SUPPLIED
 BY AN ELECTRIC CORPORATION TO THE CUSTOMER-GENERATOR AND THE ELECTRICITY
 PROVIDED TO THE CORPORATION BY THAT CUSTOMER-GENERATOR.
   4.  "NET ENERGY METERING" MEANS THE USE OF A NET ENERGY METER TO MEAS-
 URE, DURING THE BILLING PERIOD APPLICABLE TO A  CUSTOMER-GENERATOR,  THE
 NET  AMOUNT  OF  ELECTRICITY  SUPPLIED  BY  AN  ELECTRIC CORPORATION AND
 PROVIDED TO THE CORPORATION BY A CUSTOMER-GENERATOR.
   5. "ELECTRIC UTILITY" MEANS ANY INVESTOR-OWNED UTILITY  THAT  DISTRIB-
 UTES ELECTRICITY WITHIN THIS STATE.
   6.  "QUALIFIED CONSUMER" SHALL MEAN AN ELECTRIC SERVICE ACCOUNT HOLDER
 OF AN ELECTRIC UTILITY WHO RESIDES IN A BUILDING OF  GREATER  THAN  FOUR
 HOUSING  UNITS OR IN A CONDOMINIUM OR HOUSING COOPERATIVE LOCATED IN THE
 SERVICE TERRITORY OF THE ELECTRIC UTILITY OR ANY  OF  ITS  WHOLLY  OWNED
 SUBSIDIARIES,  IN  WHICH  THE SHARED SOLAR POWER FACILITY, AS DEFINED IN
 SUBDIVISION EIGHT OF THIS SECTION, IS LOCATED;  OR  WHO  RESIDES  WITHIN
 FIVE  MILES  OF  A  FARM  OPERATION  AS DEFINED IN SUBDIVISION ELEVEN OF
 SECTION THREE HUNDRED ONE OF THE AGRICULTURE AND  MARKETS  LAW  THAT  IS
 ALSO  A  QUALIFIED  SITE  UNDER  THE  PROVISIONS  OF THIS CHAPTER AND IS
 LOCATED IN THE SERVICE TERRITORY OF THE ELECTRIC UTILITY.
   7. "QUALIFIED SOLAR ENERGY GENERATION" MEANS ELECTRIC OUTPUT  MEASURED
 IN  KWH  FROM  A  SHARED  SOLAR POWER FACILITY AS DEFINED IN SUBDIVISION
 EIGHT OF THIS SECTION.
   8. "SHARED SOLAR  POWER  FACILITY"  MEANS  SOLAR  ELECTRIC  GENERATING
 EQUIPMENT  AS  DEFINED  IN  SUBDIVISION ONE OF THIS SECTION, WHOSE OWNER
 HOLDS THE TITLE OR LEASEHOLD OF A "QUALIFIED SITE" AS DEFINED IN  SUBDI-
 VISION  NINE  OF  THIS  SECTION,  AND THAT ELECTS TO ASSIGN NET METERING
 CREDITS TO "QUALIFIED CONSUMERS", AS DEFINED IN SUBDIVISION SIX OF  THIS
 SECTION, ACCORDING TO THE REQUIREMENTS OF THIS ARTICLE.
   9.  "QUALIFIED SITE" SHALL MEAN: (A) PROPERTY USED FOR FARM OPERATIONS
 AS DEFINED IN SUBDIVISION ELEVEN OF SECTION THREE  HUNDRED  ONE  OF  THE
 AGRICULTURE  AND  MARKETS  LAW;  OR  (B) PROPERTY OWNED OR LEASED BY ANY
 LEGAL ENTITY THAT IS ORGANIZED AS A NOT FOR PROFIT OR A LANDFILL, OR  AN
 AREA DESIGNATED AS A BROWNFIELD.

 S. 822                              3
 
   10. "SOLAR SUBSCRIPTION" MEANS A CONTRACT MADE BY THE OWNER OF A QUAL-
 IFIED  SITE ASSIGNING A PRO-RATE SHARE, WHOSE NUMERATOR IS ONE AND WHOSE
 DENOMINATOR IS THE NUMBER OF QUALIFIED CONSUMERS TO WHOM THE NET  METER-
 ING CREDITS OF THE SHARED SOLAR POWER FACILITY ARE BEING ALLOCATED, TO A
 QUALIFIED  CONSUMER  WITH  A  MINIMUM  LENGTH  OF THREE YEARS, A MAXIMUM
 LENGTH OF TEN YEARS, A FIXED ANNUAL RENEWAL DATE, A PROVISION  PROVIDING
 THE  QUALIFIED  CONSUMER WITH THE RIGHT TO END THEIR SUBSCRIPTION ON THE
 ANNUAL RENEWAL DATE WITH SIXTY DAYS NOTICE TO THE OWNER.
   11. "SHARED SOLAR POWER ALLOCATION SCHEDULE" SHALL MEAN AN  ATTACHMENT
 TO  THE  SCHEDULE PRESCRIBED IN SUBDIVISION THREE OF SECTION SIXTY-SIX-J
 OF THIS CHAPTER, PUBLISHED BY EACH ELECTRIC UTILITY, TO  BE  FILLED  OUT
 ELECTRONICALLY  BY  THE  SHARED  FACILITY OWNER AND FILED ELECTRONICALLY
 WITH THE ELECTRIC UTILITY TO SHOW THE PRORATED SHARE OF THE KWH PRODUCED
 BY THE SHARED SOLAR FACILITY TO BE ALLOCATED TO A UTILITY ACCOUNT  HOLD-
 ER.   WITHIN SIXTY DAYS OF THE EFFECTIVE DATE OF THIS ARTICLE EACH ELEC-
 TRIC UTILITY SHALL SUBMIT  ITS  ATTACHMENT  SCHEDULE  AND  DESCRIBE  ITS
 FILING PROCEDURES TO THE COMMISSION.
   §  241.  SHARED  SOLAR POWER. 1. THE KWH OF ELECTRICITY GENERATED BY A
 SHARED SOLAR FACILITY DURING EACH ELECTRIC UTILITY BILLING PERIOD  SHALL
 BE  ALLOCATED BY THE OWNER OF THE SHARED SOLAR FACILITY ACCORDING TO THE
 TERMS OF THE SUBSCRIPTION AGREEMENT FOR EACH SUBSCRIBING  CONSUMER.  THE
 ALLOCATION  SHALL  BE RECORDED AND FILED WITH THE ELECTRIC UTILITY WHOSE
 ACCOUNT HOLDERS ARE SUBSCRIBERS. THE AMOUNT OF THE NET METERING  CREDITS
 TO  BE ATTRIBUTED TO EACH SUCH CUSTOMER SHALL BE DETERMINED BY THE ALLO-
 CATION PROVIDED BY THE SHARED  SOLAR  FACILITY.    THE  CREDIT  WILL  BE
 APPLIED  TO  THE  MONTHLY  BILL  OF  EACH  SUBSCRIPTION  HOLDER  WITH  A
 SUBSCRIPTION AGREEMENT AT THE SAME RATE AS THE CUSTOMER  PAYS  ON  THEIR
 PRIMARY  ACCOUNT.  CREDITS MAY BE CARRIED FORWARD BY SUCH CUSTOMERS FROM
 MONTH TO MONTH. WRITTEN NOTICE OF  THE  IDENTITY  OF  THE  CUSTOMERS  SO
 DESIGNATED  AND  THE  ALLOCATION OF THE CREDITS TO BE ATTRIBUTED TO SUCH
 CUSTOMERS SHALL BE IN SUCH FORM AS REQUIRED BY THE PROVISIONS  DESCRIBED
 IN SUBDIVISION TEN OF SECTION TWO HUNDRED FORTY OF THIS ARTICLE.
   2. A SOLAR SUBSCRIPTION SHALL NOT BE CONSIDERED AS A SECURITY.
   3.  A  CUSTOMER-GENERATOR WHO OWNS A SHARED SOLAR FACILITY AT A QUALI-
 FIED SITE MAY DESIGNATE ALL OR A PORTION OF  THE  NET  METERING  CREDITS
 GENERATED  BY  SUCH  EQUIPMENT  TO QUALIFIED CONSUMERS WHO RESIDE WITHIN
 THAT UTILITY SERVICE TERRITORY.
   4. ALL RENEWABLE ENERGY CREDITS PRODUCED BY THE SHARED SOLAR  FACILITY
 SHALL,  NOT  WITHSTANDING  THE  TERMS  AND  CONDITIONS  OF ANY INCENTIVE
 PROGRAM FOR WHICH THE OWNER IS ELIGIBLE,  REMAIN  THE  PROPERTY  OF  THE
 OWNER OF THE SHARED SOLAR FACILITY.
   5.  SHARED  SOLAR  FACILITIES SHALL BE EXEMPT FROM THE LIMITATIONS SET
 FORTH IN SUBPARAGRAPH (III) OF PARAGRAPH (A)  OF  SUBDIVISION  THREE  OF
 SECTION  SIXTY-SIX-J  OF THIS CHAPTER.  SHARED SOLAR FACILITIES SHALL BE
 SUBJECT TO ALL SAFETY STANDARDS AS SET FORTH IN SUBDIVISION FIVE OF SUCH
 SECTION.
   6. EACH RETAIL ELECTRIC SUPPLIER  THAT  IS  AN  ELECTRIC  DISTRIBUTION
 COMPANY  SHALL  BE  ENTITLED  TO RECOVER THE PRUDENTLY INCURRED COSTS OF
 COMPLYING WITH ITS OBLIGATIONS, AS DETERMINED  BY  THE  COMMISSION.  ALL
 SUCH  COSTS  SHALL BE RECOVERED THROUGH THE SUPPLY PORTION OF EACH ELEC-
 TRIC CUSTOMER'S BILL IN A COMPETITIVELY NEUTRAL MANNER.
   7. THE COMMISSION MAY IN ITS DISCRETION AND THROUGH A FORMAL  PROCEED-
 ING,  SUSPEND  THIS  PROGRAM  IF  IT IS DETERMINED TO HAVE A SUBSTANTIAL
 NEGATIVE IMPACT ON THE UTILITY COSTS OF RATEPAYERS, OR IF IT  IS  DETER-
 MINED  THAT  THE  FURTHER  OPERATION OF THE PROGRAM IS NOT IN THE PUBLIC
 INTEREST. IF THE COMMISSION SHOULD  ISSUE  AN  ORDER  PURSUANT  TO  THIS

 S. 822                              4

 SUBDIVISION,  ALL  PROJECTS ALREADY UNDER CONTRACT AS OF THE DATE OF THE
 ORDER WOULD BE HELD HARMLESS AND ALLOWED TO OPERATE UNDER THE CONDITIONS
 THAT EXIST PRIOR TO SUCH ORDER.
   §  4.  Severability.  If any provision of this act is, for any reason,
 declared unconstitutional or invalid, in whole or in part, by any  court
 of  competent  jurisdiction, such portion shall be deemed severable, and
 such unconstitutionality or invalidity shall not affect the validity  of
 the  remaining  provisions of this act, which remaining provisions shall
 continue in full force and effect.
   § 5. This act shall take effect immediately.