NY State Senate Bill 2019-S8203

Senate Bill S8203

2019-2020 Legislative Session

Relates to net energy metering for fuel-flexible linear generator electric generating equipment

download bill text pdf

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 15, 2020	referred to energy and telecommunications

2019-S8203 (ACTIVE) - Details

See Assembly Version of this Bill:: A10268
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd §§2 & 66-j, Pub Serv L
Versions Introduced in 2021-2022 Legislative Session:: S1163, S8327, A3768

2019-S8203 (ACTIVE) - Summary

Relates to net energy metering for fuel-flexible linear generator electric generating equipment.

2019-S8203 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8203

SPONSOR: BENJAMIN
 
TITLE OF BILL:

An act to amend the public service law, in relation to net energy meter-
ing for fuel-flexible linear generator electric generating equipment

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would provide parity in "net energy metering" for fuel-flexi-
ble linear generators under Public Service Law § 66-j.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would amend Public Service Law § 66-j throughout
to provide parity in net energy metering or fuel-flexible linear genera-
tor electric generating equipment. Specifically, the bill would amend:
*§ 66-j (1)(a) to include fuel-flexible linear generator electric gener-
ating equipment in the definition of "customer generator";
*§ 66-j (1)(f) to clarify that this type of technology is included with-

in the definition of "micro-combined heat and power generating equip-
ment";
*§ 66-j (1)(i) to add a definition of "fuel-flexible linear generator
electric generating equipment" and "fuel flexible linear generator" to
mean an integrated system consisting of oscillators, cylinders, elec-
tricity conversion equipment and associated balance of plant components
that directly convert the linear motion of the oscillators into elec-
tricity and which has a combined rated capacity of not more than two
thousand kilowatts;
*§ 66-j(2)to clarify that an electric corporation shall provide for the
interconnection to fuel-flexible linear generator electric generating
equipment;
*§ 66-j(3) to make conforming changes to add fuel-flexible linear gener-
ator electric generating equipment to the list of technologies for which
each electric corporation must develop a model contract and file a rate
schedule, terms, and conditions for net metering;
*§ 66-j(4)to make conforming changes to add fuel-flexible linear genera-
tor electric generating equipment to the list of technologies for which
an electric corporation must use net metering to measure the charge for
the net electricity supplied by the corporation and provided to the
corporation by a customer-generator;
*§ 66-j(4) to make conforming changes to add fuel-flexible linear gener-
ator electric generating equipment to safety standards that electric
corporations must establish;

Section 2 of this bill would provide for an immediate effective date.

 
JUSTIFICATION:

In 2019, the New York passed historic climate legislation aimed at
reducing greenhouse gasses economy-wide, but especially from the burning
of fossil fuels in the electric generation sector.  Fuel-flexible tech-
nology to reduce emissions is needed now more than ever. One such fuel-
flexible technology is the fuel-flexible linear generator, a technology
similar to fuel cells that is capable of running on clean and environ-
mentally friendly fuels such as hydrogen and bio-diesel. Fuel-flexible
linear generators use a low-temperature reaction of air and fuel to
drive magnets through copper coils to efficiently produce electricity.
As a result, high-efficiency generation can be achieved with near-zero
NOx emissions, while maintain full dispatchability to the grid while
using hydrogen or renewable fuels. However, while the current law recog-
nizes other, similar technologies such as fuel cells, the Public Service
Law does not encompass this cutting-edge technology. This bill would
amend the Public Service Law to cover this technology for net metering
purposes, allowing customers to benefit from clean, dispatchable, gener-
ation, ensuring a more stable, secure, and environmentally responsible
electric grid, and bringing New York's ambitious carb on neutrality
goals within closer reach.

New York has previously provided parity-recognition when it added this
technology to the list of equipment eligible for sales tax relief
(FY-2017-18 Budget, and most recently, property tax relief pursuant to
Chapter 325 of the Laws of 2018.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This Act shall take effect immediately.

2019-S8203 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8203
 
                             I N  S E N A T E
 
                              April 15, 2020
                                ___________
 
 Introduced  by Sen. BENJAMIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 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.
                                                            LBD16188-01-0

 S. 8203                             2
 
 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.

 S. 8203                             3

   § 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:

 S. 8203                             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.

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