Bill Text: NY A00028 | 2009-2010 | General Assembly | Introduced
Bill Title: Relates to net energy metering for micro-hydroelectric generating equipment.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-01-05 - referred to energy [A00028 Detail]
Download: New_York-2009-A00028-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
28
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. CAHILL -- read once and referred to the Committee
on Energy
AN ACT to amend the public service law and the public authorities law,
in relation to net energy metering with micro-hydroelectric generating
equipment
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 1 of section 66-j of the public service law is
2 amended by adding a new paragraph (h) to read as follows:
3 (H) "MICRO-HYDROELECTRIC GENERATING EQUIPMENT" MEANS A HYDROELECTRIC
4 SYSTEM (I) (A) IN THE CASE OF A RESIDENTIAL CUSTOMER, WITH A RATED
5 CAPACITY OF NOT MORE THAN TWENTY-FIVE KILOWATTS; AND (B) IN THE CASE OF
6 A NON-RESIDENTIAL CUSTOMER, WITH A RATED CAPACITY OF NOT MORE THAN TWO
7 THOUSAND KILOWATTS; AND (II) THAT IS MANUFACTURED, INSTALLED, AND OPER-
8 ATED IN ACCORDANCE WITH APPLICABLE GOVERNMENT AND INDUSTRY STANDARDS,
9 THAT IS CONNECTED TO THE ELECTRIC SYSTEM AND OPERATED IN CONJUNCTION
10 WITH AN ELECTRIC CORPORATION'S TRANSMISSION AND DISTRIBUTION FACILITIES,
11 AND THAT IS OPERATED IN COMPLIANCE WITH ANY STANDARDS AND REQUIREMENTS
12 ESTABLISHED UNDER THIS SECTION.
13 S 2. Subdivision 2 of section 66-j of the public service law, as
14 amended by chapter 355 of the laws of 2009, is amended to read as
15 follows:
16 2. Interconnection and net energy metering. An electric corporation
17 shall provide for the interconnection of solar and farm waste electric
18 generating equipment, micro-combined heat and power generating equipment
19 [and], fuel cell electric generating equipment AND MICRO-HYDROELECTRIC
20 GENERATING EQUIPMENT owned or operated by a customer-generator and for
21 net energy metering, provided that the customer-generator enters into a
22 net energy metering contract with the corporation or complies with the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00896-01-1
A. 28 2
1 corporation's net energy metering schedule and complies with standards
2 and requirements established under this section.
3 S 3. Subdivision 3 of section 66-j of the public service law, as
4 amended by chapter 355 of the laws of 2009, subparagraphs (i) and (iii)
5 of paragraph (c) as amended by chapter 7 of the laws of 2010, is amended
6 to read as follows:
7 3. Conditions of service. (a) (i) On or before three months after the
8 effective date of this section, each electric corporation shall develop
9 a model contract and file a schedule that establishes consistent and
10 reasonable rates, terms and conditions for net energy metering to
11 customer-generators, according to the requirements of this section. The
12 commission shall render a decision within three months from the date on
13 which the schedule is filed.
14 (ii) On or before three months after the effective date of this
15 subparagraph, each electric corporation shall develop a model contract
16 and file a schedule that establishes consistent and reasonable rates,
17 terms and conditions for net energy metering to non-residential customer
18 generators, according to the requirements of this section. The commis-
19 sion shall render a decision within three months of the date on which
20 the schedule is filed.
21 (iii) Each electric corporation shall make such contract and schedule
22 available to customer-generators on a first come, first served basis,
23 until the total rated generating capacity for solar and farm waste elec-
24 tric generating equipment, micro-combined heat and power generating
25 equipment [and], fuel cell electric generating equipment AND MICRO-HY-
26 DROELECTRIC GENERATING EQUIPMENT owned, leased or operated by customer-
27 generators in the corporation's service area is equivalent to one
28 percent of the corporation's electric demand for the year two thousand
29 five, as determined by the department.
30 (b) Nothing in this subdivision shall prohibit a corporation from
31 providing net energy metering to additional customer-generators. The
32 commission shall have the authority, after January first, two thousand
33 twelve, to increase the percent limits if it determines that additional
34 net energy metering is in the public interest.
35 (c) In the event that the electric corporation determines that it is
36 necessary to install a dedicated transformer or transformers, or other
37 equipment to protect the safety and adequacy of electric service
38 provided to other customers, a customer-generator shall pay the electric
39 corporation's actual costs of installing the transformer or transfor-
40 mers, or other equipment:
41 (i) In the case of a customer-generator who owns or operates solar
42 electric generating equipment, micro-combined heat and power generating
43 equipment [or], fuel cell electric generating equipment OR MICRO-HYDROE-
44 LECTRIC GENERATING EQUIPMENT located and used at his or her residence,
45 or a non-residential customer-generator who owns or operates solar elec-
46 tric generating equipment with a rated capacity of not more than twen-
47 ty-five kilowatts, up to a maximum amount of three hundred fifty
48 dollars;
49 (ii) In the case of a customer-generator who owns or operates farm
50 waste electric generating equipment located and used at his or her "farm
51 operation," up to a total amount of five thousand dollars per "farm
52 operation"; and
53 (iii) In the case of a non-residential customer-generator who owns or
54 operates solar electric generating equipment OR MICRO-HYDROELECTRIC
55 GENERATING EQUIPMENT with a rated capacity of more than twenty-five
56 kilowatts located and used at its premises, such cost shall be as deter-
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1 mined by the electric corporation subject to review, upon the request of
2 such customer-generator, by the department.
3 (d) An electric corporation shall impose no other charge or fee,
4 including back-up, stand by and demand charges, for the provision of net
5 energy metering to a customer-generator, except as provided in paragraph
6 (d) of subdivision four of this section.
7 S 4. Subdivision 5 of section 66-j of the public service law, as
8 amended by chapter 355 of the laws of 2009, is amended to read as
9 follows:
10 5. Safety standards. (a) On or before three months after the effective
11 date of this section, each electric corporation shall establish stand-
12 ards that are necessary for net energy metering and the interconnection
13 of residential solar or farm waste electric generating equipment,
14 micro-combined heat and power generating equipment and fuel cell elec-
15 tric generating equipment AND MICRO-HYDROELECTRIC GENERATING EQUIPMENT
16 to its system and that the commission shall determine are necessary for
17 safe and adequate service and further the public policy set forth in
18 this section. Such standards may include but shall not be limited to:
19 (i) equipment necessary to isolate automatically the residential
20 solar, farm waste, micro-combined heat and power and fuel cell electric
21 generating system AND MICRO-HYDROELECTRIC GENERATING EQUIPMENT from the
22 utility system for voltage and frequency deviations; and
23 (ii) a manual lockable disconnect switch provided by the customer-gen-
24 erator which shall be located on the outside of the customer's premises
25 and externally accessible for the purpose of isolating the residential
26 solar and farm waste electric generating equipment AND MICRO-HYDROELEC-
27 TRIC GENERATING EQUIPMENT.
28 (b) Upon its own motion or upon a complaint, the commission, or its
29 designated representative, may investigate and make a determination as
30 to the reasonableness and necessity of the standards or responsibility
31 for compliance with the standards.
32 (i) In the case of a customer-generator who owns or operates solar
33 electric generating equipment located and used at his or her residence;
34 an electric corporation may not require a customer-generator to comply
35 with additional safety or performance standards, perform or pay for
36 additional tests, or purchase additional liability insurance provided
37 that the residential solar or farm waste electric generating equipment,
38 micro-combined heat and power generating equipment [or], fuel cell elec-
39 tric generating equipment OR MICRO-HYDROELECTRIC GENERATING EQUIPMENT
40 meets the safety standards established pursuant to this paragraph.
41 (ii) In the case of a customer-generator who owns or operates farm
42 waste electric generating equipment located and used at his or her "farm
43 operation," an electric corporation may not require a customer-generator
44 to comply with additional safety or performance standards, perform or
45 pay for additional tests, or purchase additional liability insurance
46 provided that:
47 1. the electric generating equipment meets the safety standards estab-
48 lished pursuant to this paragraph; and
49 2. the total rated generating capacity (measured in kW) of farm waste
50 electric generating equipment that provides electricity to the electric
51 corporation through the same local feeder line, does not exceed twenty
52 percent of the rated capacity of that local feeder line.
53 (iii) In the event that the total rated generating capacity of farm
54 waste electric generating equipment that provides electricity to the
55 electric corporation through the same local feeder line exceeds twenty
56 percent of the rated capacity of the local feeder line, the electric
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1 corporation may require the customer-generator to comply with reasonable
2 measures to ensure safety of that local feeder line.
3 S 5. Subdivision 5-a of section 66-j of the public service law, as
4 amended by chapter 355 of the laws of 2009, is amended to read as
5 follows:
6 5-a. Safety standards; non-residential solar electric generating
7 equipment AND MICRO-HYDROELECTRIC GENERATING EQUIPMENT. (a) On or
8 before three months after the effective date of this subdivision, each
9 electric corporation shall establish standards that are necessary for
10 net energy metering and the interconnection of non-residential solar
11 electric generating equipment OR MICRO-HYDROELECTRIC GENERATING EQUIP-
12 MENT to its system and that the commission shall determine are necessary
13 for safe and adequate service and further the public policy set forth in
14 this section. Such standards may include but shall not be limited to:
15 (i) equipment necessary to isolate automatically the solar generating
16 system OR MICRO-HYDROELECTRIC GENERATING EQUIPMENT from the utility
17 system for voltage and frequency deviations; and
18 (ii) a manual lockable disconnect switch provided by the customer-gen-
19 erator which shall be located on the outside of the customer-generator's
20 premises and externally accessible for the purpose of isolating the
21 solar electric generating equipment OR MICRO-HYDROELECTRIC GENERATING
22 EQUIPMENT.
23 (b) In the event that the total rated generating capacity of solar
24 electric generating equipment OR MICRO-HYDROELECTRIC GENERATING EQUIP-
25 MENT that provides electricity to the electric corporation through the
26 same local feeder line exceeds twenty percent of the rated capacity of
27 the local feeder line, the electric corporation may require the custom-
28 er-generator to comply with reasonable measures to ensure safety of the
29 local feeder line.
30 (c) Unless otherwise determined to be necessary by the commission, an
31 electric corporation may not require a customer-generator to comply with
32 additional safety or performance standards, perform or pay for addi-
33 tional tests, or purchase additional liability insurance provided that
34 the solar electric generating equipment OR MICRO-HYDROELECTRIC GENERAT-
35 ING EQUIPMENT meets the safety standards established pursuant to this
36 subdivision.
37 (d) Upon its own motion or upon a complaint, the commission, or its
38 designated representative, may investigate and make a determination as
39 to the reasonableness and necessity of the standards or responsibility
40 for compliance with the standards.
41 S 6. Subdivision (h) of section 1020-g of the public authorities law,
42 as amended by chapter 355 of the laws of 2009, is amended to read as
43 follows:
44 (h) To implement programs and policies designed to provide for the
45 interconnection of: (i) (A) solar electric generating equipment owned or
46 operated by residential customers, (B) farm waste electric generating
47 equipment owned or operated by customer-generators, (C) solar electric
48 generating equipment owned or operated by non-residential customers, (D)
49 micro-combined heat and power generating equipment owned, leased or
50 operated by residential customers, [and] (E) fuel cell electric generat-
51 ing equipment owned, leased or operated by residential customers, AND
52 (F) MICRO-HYDROELECTRIC GENERATING EQUIPMENT OWNED, LEASED OR OPERATED
53 BY CUSTOMER-GENERATORS and for net energy metering consistent with
54 section sixty-six-j of the public service law, to increase the efficien-
55 cy of energy end use, to shift demand from periods of high demand to
56 periods of low demand and to facilitate the development of cogeneration;
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1 and (ii) wind electric generating equipment owned or operated by custom-
2 er-generators and for net energy metering consistent with section
3 sixty-six-l of the public service law.
4 S 7. This act shall take effect immediately.
