The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7703
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 20, 2021
                                ___________
 
 Introduced  by M. of A. McMAHON -- read once and referred to the Commit-
   tee on Energy
 
 AN ACT to amend the public service law, in relation to allowing  certain
   customer-generators  who  generate  solar electricity to donate credit
   for such electricity to low-income families

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  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 and a new paragraph (e) is added to read as follows:
   (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 (I) 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, OR (II) AT THE OPTION OF THE  CUSTOMER-
 GENERATOR,  DONATE  THE  CREDIT TO THE LOW-INCOME ENERGY ASSISTANCE POOL
 ESTABLISHED PURSUANT TO PARAGRAPH (E)  OF  THIS  SUBDIVISION.    CREDITS
 DONATED  PURSUANT  TO PARAGRAPH (E) OF THIS SUBDIVISION SHALL BE APPLIED
 TO BILLS FOR SERVICE TO LOW-INCOME ENERGY ASSISTANCE POOL CREDIT RECIPI-
 ENTS FOR THE NET ELECTRICITY 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-com-
 bined heat and power or fuel  cell  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  customer-genera-
 tors or farm waste generating equipment customer-generators as described
 in subparagraph (ix) of paragraph (a) of subdivision one of this section
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09354-02-1

 A. 7703                             2
 
 shall be treated for ratemaking purposes as a purchase of electricity in
 the market that is includable in commodity costs.
   (E)  (I) WITHIN TWO HUNDRED SEVENTY DAYS OF THE EFFECTIVE DATE OF THIS
 PARAGRAPH, EACH ELECTRIC CORPORATION SHALL FILE AN APPLICATION WITH  THE
 COMMISSION TO ESTABLISH A "LOW-INCOME ENERGY ASSISTANCE POOL" TO WHICH A
 CUSTOMER-GENERATOR  MAY ELECT TO DONATE CREDITS EARNED BY SUCH CUSTOMER-
 GENERATOR PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.  THE COMMISSION
 SHALL RENDER A DECISION ON EACH APPLICATION WITHIN NINETY DAYS FROM  THE
 DATE  ON  WHICH THE APPLICATION IS FILED. EACH APPLICATION SHALL PROVIDE
 FOR A PROCESS WHEREBY  LOW-INCOME  HOUSEHOLDS,  QUALIFYING  PURSUANT  TO
 SUBPARAGRAPH (II) OF THIS PARAGRAPH, MAY APPLY TO RECEIVE ENERGY CREDITS
 FROM  THE  ELECTRIC  CORPORATION'S  LOW-INCOME  ENERGY  ASSISTANCE POOL,
 PURSUANT TO  THE  ENERGY  CREDIT  DISBURSEMENT  PROCESS  ESTABLISHED  BY
 SUBPARAGRAPH (III) OF THIS PARAGRAPH.
   (II)  WITHIN  NINETY DAYS OF THE EFFECTIVE DATE OF THIS PARAGRAPH, THE
 COMMISSION SHALL CREATE A LIST OF QUALIFICATIONS,  GIVING  CONSIDERATION
 TO  DEMOGRAPHICS  AND  ECONOMIC  FACTORS WITHIN THE SERVICE TERRITORY OF
 EACH ELECTRIC CORPORATION, UNDER  WHICH  LOW-INCOME  HOUSEHOLDS  MEETING
 SUCH  QUALIFICATIONS  SHALL BE DEEMED ELIGIBLE TO RECEIVE ENERGY CREDITS
 FROM AN ELECTRIC CORPORATION'S LOW-INCOME ENERGY ASSISTANCE POOL.
   (III) WITHIN ONE HUNDRED EIGHTY DAYS OF THE  EFFECTIVE  DATE  OF  THIS
 PARAGRAPH,  THE  COMMISSION  SHALL  ESTABLISH  A  PROCESS  TO DIRECT THE
 DISBURSEMENT OF ENERGY CREDITS FROM EACH ELECTRIC CORPORATION'S  LOW-IN-
 COME  ENERGY ASSISTANCE POOL TO QUALIFYING APPLICANTS. IN THE ESTABLISH-
 MENT OF SUCH PROCESS, THE COMMISSION SHALL GIVE CONSIDERATION TO FACTORS
 INCLUDING, BUT NOT LIMITED TO:
   (A) THE PRESENCE OF AN APPLICANT HOUSEHOLD MEMBER UNDER AGE  SIX,  AGE
 SIXTY OR OLDER, OR  WITH A PERMANENT DISABILITY;
   (B) APPLICANT HOUSEHOLD SIZE;
   (C)  ADVERSE  APPLICANT CIRCUMSTANCES WHICH MAY WARRANT PRIORITIZATION
 OF SUCH APPLICANT AS A CREDIT RECIPIENT;
   (D) APPLICANT HOUSEHOLD INCOME; AND
   (E) AN APPLICANT'S PRIMARY HOUSEHOLD HEATING AND/OR COOLING SOURCE.
   § 2. This act shall take effect immediately.