S T A T E O F N E W Y O R K
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10268--A
I N A S S E M B L Y
April 8, 2020
___________
Introduced by M. of A. CUSICK -- read once and referred to the Committee
on Energy -- 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 energy meter-
ing for fuel-flexible linear generator electric generating equipment
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2-b of section 2 of the public service law, as
amended by chapter 6 of the laws of 2011, is amended to read as follows:
2-b. The term "alternate energy production facility," when used in
this chapter, includes any solar, wind turbine, fuel cell, FUEL-FLEXIBLE
LINEAR GENERATOR ELECTRIC GENERATING EQUIPMENT, tidal, wave energy,
waste management resource recovery, refuse-derived fuel, wood burning
facility, or energy storage device utilizing batteries, flow batteries,
flywheels or compressed air, together with any related facilities
located at the same project site, with an electric generating capacity
of up to eighty megawatts, which produces electricity, gas or useful
thermal energy.
§ 2. The section heading 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:
Net energy metering for residential solar, farm waste, non-residential
solar electric generating systems, micro-combined heat and power gener-
ating equipment, fuel cell electric generating equipment, FUEL-FLEXIBLE
LINEAR GENERATOR ELECTRIC GENERATING EQUIPMENT, and micro-hydroelectric
generating equipment.
§ 3. Subparagraphs (v) and (vi) of paragraph (a) of subdivision 1 of
section 66-j of the public service law, subparagraph (v) as separately
amended by chapters 530 and 546 of the laws of 2011 and subparagraph
(vi) as added by chapter 530 of the laws of 2011, are amended to read as
follows:
(v) a residential customer of an electric corporation who owns, leases
or operates fuel cell generating equipment OR FUEL-FLEXIBLE LINEAR
GENERATOR ELECTRIC GENERATING EQUIPMENT located on the customer's prem-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16001-02-0
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ises; and (vi) a non-residential customer of an electric corporation who
owns, leases or operates fuel cell generating equipment OR FUEL-FLEXIBLE
LINEAR GENERATOR ELECTRIC GENERATING EQUIPMENT located and used at the
customer's premises;
§ 4. Paragraph (f) of subdivision 1 of section 66-j of the public
service law, as added by chapter 355 of the laws of 2009, is amended to
read as follows:
(f) "Micro-combined heat and power generating equipment" means an
integrated, cogenerating building heating and electrical power gener-
ation system, operating on any fuel and of any applicable engine, fuel
cell, LINEAR GENERATOR, or other technology, with a rated capacity of at
least one kilowatt and not more than ten kilowatts electric and any
thermal output that at full load has a design total fuel use efficiency
in the production of heat and electricity of not less than eighty
percent, and annually produces at least two thousand kilowatt hours of
useful energy in the form of electricity that may work in combination
with supplemental or parallel conventional heating systems, 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 corporation's trans-
mission and distribution facilities.
§ 5. Subdivision 1 of section 66-j of the public service law is
amended by adding a new paragraph (i) to read as follows:
(I) "FUEL-FLEXIBLE LINEAR GENERATOR ELECTRIC GENERATING EQUIPMENT" OR
"FUEL-FLEXIBLE LINEAR GENERATOR" MEANS AN INTEGRATED SYSTEM CONSISTING
OF OSCILLATORS, CYLINDERS, ELECTRICITY CONVERSION EQUIPMENT AND ASSOCI-
ATED BALANCE OF PLANT COMPONENTS THAT DIRECTLY CONVERT THE LINEAR MOTION
OF THE OSCILLATORS INTO ELECTRICITY AND WHICH HAS A COMBINED RATED
CAPACITY OF NOT MORE THAN TWO THOUSAND KILOWATTS.
§ 6. Subdivision 2 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:
2. Interconnection and net energy metering. An electric corporation
shall provide for the interconnection of solar and farm waste electric
generating equipment, micro-combined heat and power generating equip-
ment, fuel cell electric generating equipment, FUEL-FLEXIBLE LINEAR
GENERATOR ELECTRIC GENERATING EQUIPMENT and micro-hydroelectric generat-
ing equipment owned or operated by a customer-generator and for net
energy metering, provided that the customer-generator enters into a net
energy metering contract with the corporation or complies with the
corporation's net energy metering schedule and complies with standards
and requirements established under this section.
§ 7. 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, FUEL-FLEXIBLE LINEAR
GENERATOR ELECTRIC GENERATING EQUIPMENT and micro-hydroelectric generat-
ing equipment owned, leased or operated by customer-generators in the
corporation's service area is equivalent to one percent of the corpo-
ration's electric demand for the year two thousand five, as determined
by the department.
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§ 8. Paragraph (c) of subdivision 3 of section 66-j of the public
service law, as amended by chapter 546 of the laws of 2011, subparagraph
(iii) as amended by chapter 494 of the laws of 2014, is amended to read
as follows:
(c) In the event that the electric corporation determines that it is
necessary to install a dedicated transformer or transformers, or other
equipment to protect the safety and adequacy of electric service
provided to other customers, a customer-generator shall pay the electric
corporation's actual costs of installing the transformer or transfor-
mers, or other equipment:
(i) In the case of a customer-generator who owns or operates solar
electric generating equipment, micro-combined heat and power generating
equipment, fuel cell electric generating equipment, FUEL-FLEXIBLE LINEAR
GENERATOR ELECTRIC GENERATING EQUIPMENT or micro-hydroelectric generat-
ing equipment located and used at his or her residence, or a non-resi-
dential customer-generator who owns or operates solar electric generat-
ing equipment with a rated capacity of not more than twenty-five
kilowatts, up to a maximum amount of three hundred fifty dollars;
(ii) In the case of a customer-generator who owns or operates farm
waste electric generating equipment located and used at his or her "farm
operation," up to a total amount of five thousand dollars per "farm
operation"; and
(iii) In the case of a non-residential customer-generator who owns or
operates solar electric generating equipment or fuel cell electric
generating equipment OR FUEL-FLEXIBLE LINEAR GENERATOR ELECTRIC GENERAT-
ING EQUIPMENT or micro-hydroelectric generating equipment or farm waste
generating equipment as described in subparagraph (ix) of paragraph (a)
of subdivision one of this section, with a rated capacity of more than
twenty-five kilowatts located and used at its premises, such cost shall
be as determined by the electric corporation subject to review, upon the
request of such customer-generator, by the department.
§ 9. Paragraph (g) of subdivision 3 of section 66-j of the public
service law, as added by chapter 200 of the laws of 2013, is amended to
read as follows:
(g) A customer who owns or operates a farm operation as such term is
defined in subdivision eleven of section three hundred one of the agri-
culture and markets law, or a non-residential customer-generator as
defined by subparagraph (viii) of paragraph (a) of subdivision one of
this section that locates fuel cell electric generating equipment OR
FUEL-FLEXIBLE LINEAR GENERATOR 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-genera-
tor 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 following month.
§ 10. Paragraph (b) 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:
A. 10268--A 4
(b) In the event that the amount of electricity produced by a custom-
er-generator during the billing period exceeds the amount of electricity
used by the customer-generator, the corporation shall apply a credit to
the next bill for service to the customer-generator for the net elec-
tricity provided at the same rate per kilowatt hour applicable to
service provided to other customers in the same service class which do
not generate electricity onsite, except for micro-combined heat and
power or fuel cell OR FUEL-FLEXIBLE LINEAR GENERATOR customer-generators
or farm waste generating equipment customer-generators as described in
subparagraph (ix) of paragraph (a) of subdivision one of this section,
who will be credited at the corporation's avoided costs. The avoided
cost credit provided to micro-combined heat and power or fuel cell OR
FUEL-FLEXIBLE LINEAR GENERATOR customer-generators or farm waste gener-
ating equipment customer-generators as described in subparagraph (ix) of
paragraph (a) of subdivision one of this section shall be treated for
ratemaking purposes as a purchase of electricity in the market that is
includable in commodity costs.
§ 11. Paragraph (a) of subdivision 5 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:
(a) On or before three months after the effective date of this
section, each electric corporation shall establish standards that are
necessary for net energy metering and the interconnection of residential
solar or farm waste electric generating equipment, micro-combined heat
and power generating equipment and fuel cell electric generating equip-
ment, FUEL-FLEXIBLE LINEAR GENERATOR ELECTRIC GENERATING EQUIPMENT and
micro-hydroelectric generating equipment to its system and that the
commission shall determine are necessary for safe and adequate service
and further the public policy set forth in this section. Such standards
may include but shall not be limited to:
(i) equipment necessary to isolate automatically the residential
solar, farm waste, micro-combined heat and power and fuel cell electric
generating system AND FUEL-FLEXIBLE LINEAR GENERATOR ELECTRIC GENERATING
EQUIPMENT and micro-hydroelectric generating equipment from the utility
system for voltage and frequency deviations; and
(ii) a manual lockable disconnect switch provided by the customer-gen-
erator which shall be located on the outside of the customer's premises
and externally accessible for the purpose of isolating the residential
solar and farm waste electric generating equipment and micro-hydroelec-
tric generating equipment.
§ 12. Subparagraph (i) of paragraph (b) of subdivision 5 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:
(i) In the case of a customer-generator who owns or operates solar
electric generating equipment located and used at his or her residence;
an electric corporation may not require a customer-generator to comply
with additional safety or performance standards, perform or pay for
additional tests, or purchase additional liability insurance provided
that the residential solar or farm waste electric generating equipment,
micro-combined heat and power generating equipment, fuel cell electric
generating equipment, FUEL-FLEXIBLE LINEAR GENERATOR ELECTRIC GENERATING
EQUIPMENT or micro-hydroelectric generating equipment meets the safety
standards established pursuant to this paragraph.
§ 13. This act shall take effect immediately.