S T A T E O F N E W Y O R K
________________________________________________________________________
10775
I N A S S E M B L Y
April 1, 2026
___________
Introduced by M. of A. REILLY -- read once and referred to the Committee
on Energy
AN ACT to amend the public service law, in relation to ensuring net
metering is maintained as a compensation floor for residential produc-
ers of energy
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 691 of the laws of 2022, is
amended to read as follows:
(b) (I) In the event that the amount of electricity produced by a
customer-generator during the billing period exceeds the amount of elec-
tricity used by the customer-generator, the corporation shall apply a
credit to the next bill for service to the customer-generator 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-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.
(II) ANY CREDITS REMAINING ON A CUSTOMER-GENERATOR'S ACCOUNT SHALL BE
LIQUIDABLE, OR TRANSFERABLE TO ANY NEW OWNER OF THE PROPERTY IN WHICH
THE GENERATION EQUIPMENT RESIDES, WITH PROOF OF DEED TRANSFER BY THE
CORPORATION WITHIN THIRTY DAYS OF A REQUEST MADE BY A CUSTOMER-GENERA-
TOR. IF THE CUSTOMER-GENERATOR REQUESTS PAYMENT FOR THE REMAINING CRED-
ITS, EACH CORPORATION SHALL ISSUE A CHECK, IN THE AMOUNT OF OUTSTANDING
CREDITS PAYABLE TO THE CUSTOMER-GENERATOR.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14633-01-6
A. 10775 2
§ 2. Subdivision 6 of section 66-j of the public service law, as
amended by chapter 355 of the laws of 2009, is amended to read as
follows:
6. Electric restructuring. Notwithstanding the provisions of this
section, including, but not limited to paragraph (b) of subdivision
three of this section, a customer-generator shall comply with any appli-
cable determinations of the commission relating to restructuring of the
electric industry. HOWEVER, CUSTOMER-GENERATORS SHALL NEVER BE COMPEN-
SATED AT A VALUE LESS THAN WOULD EXIST UNDER NET ENERGY METERING.
§ 3. Subdivision 6 of section 66-l of the public service law, as
amended by chapter 721 of the laws of 2006, is amended to read as
follows:
6. Electric restructuring. Notwithstanding the provisions of this
section, including, but not limited to paragraph (c) of subdivision
three of this section, a customer-generator shall comply with any appli-
cable determinations of the commission relating to restructuring of the
electric industry. HOWEVER, CUSTOMER-GENERATORS SHALL NEVER BE COMPEN-
SATED AT A VALUE LESS THAN WOULD EXIST UNDER NET ENERGY METERING.
§ 4. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after January 1, 2026.