S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6147
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 26, 2025
                                ___________
 
 Introduced by M. of A. LEMONDES -- read once and referred to the Commit-
   tee on Energy
 
 AN  ACT  to amend the public service law and the public authorities law,
   in relation to net-metering for non-residential customers of  electric
   corporations which own, lease or operate micro-combined heat and power
   generating equipment

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision  1  of  section  66-j  of  the
 public  service  law,  as  amended  by  chapter 546 of the laws of 2011,
 subparagraph (iv) as separately amended by chapter 530 of  the  laws  of
 2011,  subparagraphs  (v) and (vi) as amended by chapter 691 of the laws
 of 2022 and subparagraphs (vii) and (viii) as amended and (ix) as  added
 by chapter 494 of the laws of 2014, is amended to read as follows:
   (a) "Customer-generator" means: (i) a residential customer of an elec-
 tric  corporation, who owns or operates solar electric generating equip-
 ment located and used at [his or her] THE CUSTOMER'S residence;  (ii)  a
 customer  of  an  electric  corporation, who owns or operates farm waste
 electric generating equipment located and  used  at  [his  or  her]  THE
 CUSTOMER'S  "farm  operation,"  as  such  term is defined in subdivision
 eleven of section three hundred one of the agriculture and markets  law;
 (iii)  a  non-residential customer of an electric corporation which owns
 or operates solar electric generating equipment located and used at  its
 premises;  (iv)  a  residential  customer of an electric corporation who
 owns, leases or operates micro-combined heat and power generating equip-
 ment located on the customer's premises; (v) a residential  customer  of
 an  electric corporation who owns, leases or operates fuel cell generat-
 ing equipment or  fuel-flexible  linear  generator  electric  generating
 equipment  located on the customer's premises; [and] (vi) a non-residen-
 tial customer of an electric corporation who owns,  leases  or  operates
 fuel  cell  generating equipment or fuel-flexible linear generator elec-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08713-01-5
              

 A. 6147                             2
 
 tric generating equipment located and used at the  customer's  premises;
 (vii)  a  residential  customer  of an electric corporation, who owns or
 operates micro-hydroelectric generating equipment located  and  used  at
 [his or her] THE CUSTOMER'S residence; (viii) a non-residential customer
 of  an  electric  corporation which owns or operates micro-hydroelectric
 generating equipment located and used at  its  premises;  [and]  (ix)  a
 non-residential  customer of an electric corporation which owns or oper-
 ates farm waste electric generating equipment located and  used  at  its
 premises; AND (X) A  NON-RESIDENTIAL CUSTOMER OF AN ELECTRIC CORPORATION
 WHICH  OWNS, LEASES OR OPERATES MICRO-COMBINED HEAT AND  POWER  GENERAT-
 ING EQUIPMENT LOCATED  ON  THE  CUSTOMER'S PREMISES.
   § 2. Paragraph (f) of subdivision 1 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:
   (f) "Micro-combined heat and power generating equipment" means (I) (A)
 IN THE CASE OF  A  RESIDENTIAL  CUSTOMER,  an  integrated,  cogenerating
 building  heating  and  electrical power generation system, operating on
 any fuel and of any applicable engine, fuel cell,  fuel-flexible  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  supple-
 mental  or parallel conventional heating systems[,]; AND (B) IN THE CASE
 OF A NON-RESIDENTIAL CUSTOMER, AN   INTEGRATED, COGENERATING    BUILDING
 HEATING  AND  ELECTRICAL  POWER GENERATION SYSTEM, OPERATING ON ANY FUEL
 AND OF ANY APPLICABLE ENGINE,  FUEL  CELL, OR OTHER TECHNOLOGY,  WITH  A
 RATED  CAPACITY  OF NOT MORE THAN TWENTY-FIVE KILOWATTS ELECTRIC AND ANY
 THERMAL OUTPUT THAT A FULL LOAD HAS A  DESIGN TOTAL  FUEL  USE EFFICIEN-
 CY 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; AND (II)
 that is manufactured, installed and operated in accordance with applica-
 ble 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.
   § 3. Subparagraph (i) of paragraph (c) and paragraph (e)  of  subdivi-
 sion  3  of  section 66-j of the public service law, subparagraph (i) of
 paragraph (c) as amended by chapter 691 of the laws of 2022,  and  para-
 graph  (e) as amended by chapter 546 of the laws of 2011, are amended to
 read as follows:
   (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] THE CUSTOMER-GENERATOR'S
 residence, or a non-residential customer-generator who owns or  operates
 solar  electric  generating  equipment  OR MICRO-COMBINED HEAT AND POWER
 GENERATING EQUIPMENT with a rated capacity of not more than  twenty-five
 kilowatts, up to a maximum amount of three hundred fifty dollars;
   (e)  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] SUBPARAGRAPHS (iii) AND (X) of  paragraph  (a)
 A. 6147                             3
 
 of  subdivision one of this section that locates solar electric generat-
 ing equipment, MICRO-COMBINED HEAT AND  POWER  GENERATING  EQUIPMENT  or
 farm  waste  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-generator 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 follow-
 ing month.
   § 4. Paragraphs (a), (b) and (c) of subdivision 5-a of section 66-j of
 the public service law, as amended by chapter 546 of the laws  of  2011,
 are amended to read as follows:
   (a)  On or before three months after the effective date of this subdi-
 vision, each electric corporation shall  establish  standards  that  are
 necessary  for  net energy metering and the interconnection of non-resi-
 dential solar electric generating  equipment  [or],  micro-hydroelectric
 generating  equipment OR MICRO-COMBINED HEAT AND POWER GENERATING EQUIP-
 MENT 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 solar  generating
 system  [or], micro-hydroelectric generating equipment OR MICRO-COMBINED
 HEAT AND POWER 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-generator's
 premises  and  externally  accessible  for  the purpose of isolating the
 solar electric generating equipment [or], micro-hydroelectric generating
 equipment OR MICRO-COMBINED HEAT AND POWER GENERATING EQUIPMENT.
   (b) In the event that the total rated  generating  capacity  of  solar
 electric   generating  equipment  [or],  micro-hydroelectric  generating
 equipment OR MICRO-COMBINED HEAT AND  POWER  GENERATING  EQUIPMENT  that
 provides  electricity to the electric corporation through the same local
 feeder line exceeds twenty percent of the rated capacity  of  the  local
 feeder line, the electric corporation may require the customer-generator
 to  comply with reasonable measures to ensure safety of the local feeder
 line.
   (c) Unless otherwise determined to be necessary by the commission,  an
 electric corporation may not require a customer-generator to comply with
 additional  safety  or  performance  standards, perform or pay for addi-
 tional tests, or purchase additional liability insurance  provided  that
 the solar electric generating equipment [or], micro-hydroelectric gener-
 ating  equipment  OR  MICRO-COMBINED HEAT AND POWER GENERATING EQUIPMENT
 meets the safety standards established pursuant to this subdivision.
   § 5. 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
 A. 6147                             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-COMBINED  HEAT  AND  POWER  GENERATING EQUIPMENT OWNED, LEASED, OR
 OPERATED  BY  NON-RESIDENTIAL  CUSTOMERS,  AND  (G)  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.
   §  6.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.