NY State Senate Bill S4304

Current Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (7)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 25, 2023	referred to energy delivered to assembly passed senate
Mar 08, 2023	advanced to third reading
Mar 01, 2023	2nd report cal.
Feb 28, 2023	1st report cal.426
Feb 07, 2023	referred to energy and telecommunications

Votes

view votes

Apr 25, 2023 - floor Vote

S4304

floor

Aye

Nay

Absent

Excused

Abstained

Feb 28, 2023 - Energy and Telecommunications committee Vote

S4304

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Energy and Telecommunications committee vote details

Energy and Telecommunications Committee Vote: Feb 28, 2023

aye (7)

nay (1)

Walczyk

absent (1)

O'Mara

S4304 (ACTIVE) - Details

Law Section:: Public Service Law
Laws Affected:: Amd §§66-j & 66-l, Pub Serv L; amd §1020-g, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S5839
2013-2014: S2957
2015-2016: S2878
2017-2018: S2696
2019-2020: S3596
2021-2022: S3140

S4304 (ACTIVE) - Summary

Provides that credits for excess electricity generated by customer-generators subject to net energy metering by an electric corporation or the Long Island power authority may be carried over indefinitely and used against any charges imposed by an electric corporation or the Long Island power authority when the customer-generator uses more electricity than such customer generates; provides for the accounting of credits once every 5 years and the electric corporation or Long Island power authority shall reimburse the customer-generator for the accumulated credits.

S4304 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S4304

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the public service law and the public authorities law,
in relation to credit for electricity generated by a customer-generator
subject to net energy metering

 
PURPOSE OR GENERAL IDEA OF BILL:

To provide that credits for excess electricity generated by customer-
generators subject to net metering may be carried over and used to
offset electricity used.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends subdivision 4 of section 66-j of the Public Service
Law, as amended by Chapter 355 of the laws of 2009.

Section 2 amends subdivision 4 of section 66-1 of the Public Service
Law, as amended by Chapter 721 of the laws of 2006, paragraphs (b) and

(e) as amended and paragraph (d) as added by Chapter 483 of the laws of
2003.

 
JUSTIFICATION:

New York State's net metering law allows a utility customer with an
on-site electric generating system using solar or wind to send any
excess power that they Generate back to the utility arid, receiving an
equal credit against, their own usage. Customers are credited for the
excess energy they produce at the retail rate, and the credits can be
rolled over from month to month for a year. If there is excess electric-
ity generated by the customer generator at the end of the annualized
period of service, the utility pays for this-electricity at the avoided
cost rate. Avoided cost is the cost the utility would have incurred for
producing the same amount of power at a rate lower than the retail rate.

Under this legislation, net-metered customer-generators can choose the
option to carryover the credits that come from their producing energy in
excess of what they use and have that credit aggregated indefinitely so
as to be used as credit against times when they use more energy than
they produce. In cases where customer-generators elect to carryover
credits indefinitely, they will be entitled to an accounting of those
credits every five years.

Net-metered customer generators do not produce excess energy for profit.
The electricity that the net-metered customer generators put into the
grid roughly equals what that customer uses during the periods when they
must use electricity from the grid. It is logical and reasonable to
allow the option of carryover of excess electricity credit longer than a
12 month period so that a customer-generator may take advantage of using
their credits priced at the retail rate. This is significant because the
periods of time that the sun may shine and wind may blow are not the
same from year to year, leaving a customer generator to either make more
or less energy then use in anyone, year. By giving the customer-genera-
tor the opportunity to carryover credits over a period of time longer
than a year, the customer generator will be better able to take advan-
tage of the natural year to year fluctuations of the sun and wind. New
York's interconnection and net metering rules are designed to motivate
ratepayers to invest in renewable energy sources on their properties by
ensuring that customer generators are compensated for the energy they
produce. By providing reasonable and appropriate benefits for customers,
New York can incentivize customer-generators to contribute to the avail-
ability of safe, reliable, and affordable electricity and help protect
our environment in New York and reduce our dependence on foreign fuel
sources.

 
PRIOR LEGISLATIVE HISTORY:

2021/22 S3140B - REFERRED TO ENERGY AND TELECOMMUNICATIONS

2019/20 S3596 - REFERRED TO ENERGY AND TELECOMMUNICATIONS

2017/18 S2696 - Referred to Energy and Telecom

2015-16: S.2878/A.3096 - Referred to Energy and Telecomm/ Passes Assem-
bly

2013-14: S.2957/A.5822 - Referred to Energy and Telecomm/ Passed Assem-
bly

2011-12: S.5839/A.5521 - Referred to Energy and Telecomm/ Passed Assem-
bly

2009-10 A.10244A - Reported Referred to Rules

 
FISCAL IMPLICATIONS:

No fiscal implications.

 
EFFECTIVE DATE:
This act shall take effect on the first day of January next succeeding
the date on which it shall have become a law.

S4304 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4304
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2023
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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 and the public authorities law,
   in relation to credit for electricity generated by a  customer-genera-
   tor subject to net energy metering

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 4 of section 66-j of the public service law, as
 amended by chapter 355 of the laws of 2009, paragraph (b) as amended  by
 chapter 691 of the laws of 2022 and (c) as amended by chapter 494 of the
 laws of 2014, is amended to read as follows:
   4.  Rates.  An  electric  corporation shall use net energy metering to
 measure and charge for the net electricity supplied by  the  corporation
 and  provided  to  the corporation by a customer-generator, according to
 these requirements:
   (a) In the event that the amount of electricity supplied by the corpo-
 ration during the billing  period  exceeds  the  amount  of  electricity
 provided  by  a customer-generator, the corporation shall, AFTER DEDUCT-
 ING, FROM THE AGGREGATE OF UNUSED CREDIT FOR EXCESS  ELECTRICITY  GENER-
 ATED  BY SUCH CUSTOMER-GENERATOR PRIOR TO SUCH BILLING PERIOD, AN AMOUNT
 OF CREDIT EQUAL TO THE AMOUNT OF ELECTRICITY SUPPLIED  BY  THE  ELECTRIC
 CORPORATION, TO THE EXTENT SUCH CREDIT EXISTS, AND MAY THEREAFTER charge
 the customer-generator for the net electricity supplied, AFTER DEDUCTION
 OF  SUCH  CREDITS,  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.
   (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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06333-01-3

 S. 4304                             2
 
 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,  CREDIT  SUCH  CUSTOMER-GENERATOR  WITH  THE AMOUNT OF EXCESS
 KILOWATT HOURS GENERATED IN EXCESS OF ITS USE, AND SUCH CREDIT SHALL  BE
 AGGREGATED  INDEFINITELY  TO  BE USED AS CREDIT AGAINST CHARGES INCURRED
 PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION; 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 generating equipment customer-generators as described in  subpara-
 graph  (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.
   (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  (I)
 promptly issue payment at its avoided cost to the customer-generator, as
 defined in subparagraph (i), (ii), (IV), (V) or (ix) of paragraph (a) of
 subdivision  one  of this section, for the value of any remaining credit
 for the excess electricity produced during the year or over the  annual-
 ized  period  by  the  customer-generator,  OR (II) AT THE OPTION OF THE
 CUSTOMER-GENERATOR, SHALL CONTINUE TO AGGREGATE  SUCH  CREDITS,  AT  THE
 SAME  RATE PER KILOWATT HOUR APPLICABLE TO THE SERVICE PROVIDED TO OTHER
 CUSTOMERS IN THE SAME SERVICE CLASS WHICH DO NOT GENERATE ELECTRICITY ON
 SITE, FOR AN INDEFINITE PERIOD OF TIME AND CONTINUE TO ALLOW USE OF SUCH
 CREDIT TO OFFSET ANY LIABILITY OF THE CUSTOMER-GENERATOR TO THE ELECTRIC
 CORPORATION DURING BILLING PERIODS IN WHICH THE ELECTRICITY GENERATED BY
 THE CUSTOMER-GENERATOR IS LESS THAN THAT USED BY SUCH CUSTOMER.
   (d) In the event that the corporation imposes charges based  on  kilo-
 watt  demand  on  customers  who  are  in  the same service class as the
 customer-generator but which do not generate electricity  on  site,  the
 corporation may impose the same charges at the same rates to the custom-
 er-generator,  provided,  however,  that  the  kilowatt  demand for such
 demand charges is determined by the  maximum  measured  kilowatt  demand
 actually  supplied  by  the corporation to the customer-generator during
 the billing period.
   (E) IN THE EVENT THAT A CUSTOMER-GENERATOR ELECTS TO ALLOW THE  AGGRE-
 GATION  OF  ANY  CREDITS FOR EXCESS ELECTRICITY GENERATED, THE CUSTOMER-
 GENERATOR SHALL BE ENTITLED TO AN ACCOUNTING OF SUCH CREDITS ONCE  EVERY
 FIVE  YEARS  AND  UPON  SUCH  ACCOUNTING, THE ELECTRIC CORPORATION SHALL
 PROMPTLY ISSUE PAYMENT AT ITS AVOIDED COST TO  SUCH  CUSTOMER-GENERATOR,
 AS  DEFINED  IN  SUBPARAGRAPH (I), (II), (IV) OR (V) OF PARAGRAPH (A) OF
 SUBDIVISION ONE OF THIS SECTION, FOR THE VALUE OF ANY  REMAINING  CREDIT
 FOR THE EXCESS ELECTRICITY PRODUCED BY THE CUSTOMER-GENERATOR.
   §  2.  Subdivision  4  of  section  66-l of the public service law, as
 amended by chapter 721 of the laws of 2006, paragraphs (b)  and  (c)  as
 amended  and  paragraph (d) as added by chapter 483 of the laws of 2008,
 is amended to read as follows:
   4. Rates. An electric corporation shall use  net  energy  metering  to
 measure  and  charge for the net electricity supplied by the corporation
 and provided to the corporation by a  customer-generator,  according  to
 the following requirements:
 S. 4304                             3
 
   (a) In the event that the amount of electricity supplied by the corpo-
 ration  during  the  billing  period  exceeds  the amount of electricity
 provided by a customer-generator, the corporation shall,  AFTER  DEDUCT-
 ING,  FROM  THE AGGREGATE OF UNUSED CREDIT FOR EXCESS ELECTRICITY GENER-
 ATED  BY SUCH CUSTOMER-GENERATOR PRIOR TO SUCH BILLING PERIOD, AN AMOUNT
 OF CREDIT EQUAL TO THE AMOUNT OF ELECTRICITY SUPPLIED  BY  THE  ELECTRIC
 CORPORATION, TO THE EXTENT SUCH CREDIT EXISTS, AND MAY THEREAFTER charge
 the customer-generator for the net electricity supplied, AFTER DEDUCTION
 OF  SUCH  CREDITS,  at  the  same  rate  per kilowatt hour applicable to
 service provided to other customers in the same service class  which  do
 not generate electricity on site.
   (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 on site, OR (II) AT THE OPTION OF  THE  CUSTOM-
 ER-GENERATOR,  CREDIT  SUCH CUSTOMER-GENERATOR WITH THE AMOUNT OF EXCESS
 KILOWATT HOURS GENERATED IN EXCESS OF ITS USE, AND SUCH CREDIT SHALL  BE
 AGGREGATED  INDEFINITELY  TO  BE USED AS CREDIT AGAINST CHARGES INCURRED
 PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION.
   (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 (I)
 promptly issue payment at its avoided cost  to  a  residential  or  farm
 service customer-generator for the value of any remaining credit for the
 excess electricity produced during the year or over the annualized peri-
 od  by  such  customer-generator, OR (II) AT THE OPTION OF THE CUSTOMER-
 GENERATOR, SHALL CONTINUE TO AGGREGATE SUCH CREDITS, AT  THE  SAME  RATE
 PER  KILOWATT HOUR APPLICABLE TO THE SERVICE PROVIDED TO OTHER CUSTOMERS
 IN THE SAME SERVICE CLASS WHICH DO NOT GENERATE ELECTRICITY ON SITE, FOR
 AN INDEFINITE PERIOD OF TIME, AND CONTINUE TO ALLOW USE OF  SUCH  CREDIT
 TO OFFSET ANY LIABILITY OF THE CUSTOMER-GENERATOR TO THE ELECTRIC CORPO-
 RATION  DURING BILLING PERIODS IN WHICH THE ELECTRICITY GENERATED BY THE
 CUSTOMER-GENERATOR IS LESS THAN THAT USED BY SUCH CUSTOMER.
   (d) In the event that the corporation imposes charges based  on  kilo-
 watt  demand  on  customers  who  are  in  the same service class as the
 customer-generator but which do not generate electricity  on  site,  the
 corporation may impose the same charges at the same rates to the custom-
 er-generator,  provided,  however,  that  the  kilowatt  demand for such
 demand charges is determined by the  maximum  measured  kilowatt  demand
 actually  supplied  by  the corporation to the customer-generator during
 the billing period.
   (E) IN THE EVENT THAT A CUSTOMER-GENERATOR ELECTS TO ALLOW THE  AGGRE-
 GATION  OF  ANY  CREDITS FOR EXCESS ELECTRICITY GENERATED, THE CUSTOMER-
 GENERATOR SHALL BE ENTITLED TO AN ACCOUNTING OF SUCH CREDITS ONCE  EVERY
 FIVE  YEARS  AND  UPON  SUCH  ACCOUNTING, THE ELECTRIC CORPORATION SHALL
 PROMPTLY ISSUE PAYMENT AT ITS AVOIDED COST  TO  SUCH  CUSTOMER-GENERATOR
 FOR  THE  VALUE  OF  ANY  REMAINING  CREDIT  FOR  THE EXCESS ELECTRICITY
 PRODUCED BY THE CUSTOMER-GENERATOR.
   § 3. Subdivision (h) of section 1020-g of the public authorities  law,
 as  amended  by  chapter  546 of the laws of 2011, is amended to read as
 follows:
   (h) To implement programs and policies designed  to  provide  for  the
 interconnection of: (i) (A) solar electric generating equipment owned or
 operated  by  residential  customers, (B) farm waste electric generating
 S. 4304                             4
 
 equipment owned or operated by customer-generators, (C)  solar  electric
 generating equipment owned or operated by non-residential customers, (D)
 micro-combined  heat  and  power  generating  equipment owned, leased or
 operated  by  residential  customers,  (E) fuel cell electric generating
 equipment owned, leased or operated by residential  customers,  and  (F)
 micro-hydroelectric  generating  equipment  owned, leased or operated by
 customer-generators and for net energy metering consistent with  section
 sixty-six-j  of  the  public  service law, to increase the efficiency of
 energy end use, to shift demand from periods of high demand  to  periods
 of  low  demand  and  to facilitate the development of cogeneration; and
 (ii) wind electric generating equipment owned or operated  by  customer-
 generators  and  for  net energy metering consistent with section sixty-
 six-l of the public  service  law.  NOTWITHSTANDING  THE  PROVISIONS  OF
 SECTION ONE THOUSAND TWENTY-S OF THIS TITLE, AS AMENDED BY CHAPTER THREE
 HUNDRED  EIGHTY-EIGHT OF THE LAWS OF TWO THOUSAND ELEVEN, THE AUTHORITY,
 IN ITS IMPLEMENTATION OF SUCH PROGRAMS AND POLICIES, SHALL BE SUBJECT TO
 THE PROVISIONS OF SUBDIVISION FOUR OF SECTION SIXTY-SIX-J  AND  SUBDIVI-
 SION FOUR OF SECTION SIXTY-SIX-L OF THE PUBLIC SERVICE LAW;
   §  4. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.

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The New York State Senate

senate Bill S4304

Sponsored By

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

Apr 25, 2023 - floor Vote

Floor Vote: Apr 25, 2023

Feb 28, 2023 - Energy and Telecommunications committee Vote

Energy and Telecommunications Committee Vote: Feb 28, 2023

S4304 (ACTIVE) - Details

S4304 (ACTIVE) - Summary

S4304 (ACTIVE) - Sponsor Memo

S4304 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S4304

Share this bill

Sponsored By

Kevin S. Parker

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

Apr 25, 2023 - floor Vote

Floor Vote: Apr 25, 2023

Feb 28, 2023 - Energy and Telecommunications committee Vote

Energy and Telecommunications Committee Vote: Feb 28, 2023

S4304 (ACTIVE) - Details

S4304 (ACTIVE) - Summary

S4304 (ACTIVE) - Sponsor Memo

S4304 (ACTIVE) - Bill Text download pdf

Comments