Bill Text: NY A07019 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to net-metering for non-residential customers of electric corporations which own, lease or operate micro-combined heat and power generating equipment.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2019-04-03 - referred to energy [A07019 Detail]

Download: New_York-2019-A07019-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          7019
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                      April 3, 2019
                                       ___________
        Introduced  by M. of A. FINCH -- Multi-Sponsored by -- M. of A. BLANKEN-
          BUSH -- 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-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:
     1    Section  1.  Paragraph  (a)  of  subdivision  1 of section 66-j of the
     2  public service law, as amended by chapter  546  of  the  laws  of  2011,
     3  subparagraphs  (iv)  and (v) as separately amended and subparagraph (vi)
     4  as added by chapter 530 of the laws of 2011 and subparagraphs (vii)  and
     5  (viii)  as amended and (ix) as added by chapter 494 of the laws of 2014,
     6  is amended to read as follows:
     7    (a) "Customer-generator" means: (i) a residential customer of an elec-
     8  tric corporation, who owns or operates solar electric generating  equip-
     9  ment  located  and  used  at his or her residence; (ii) a customer of an
    10  electric corporation, who owns or operates farm waste electric  generat-
    11  ing  equipment  located and used at his or her "farm operation," as such
    12  term is defined in subdivision eleven of section three  hundred  one  of
    13  the  agriculture and markets law; (iii) a non-residential customer of an
    14  electric corporation which owns or operates  solar  electric  generating
    15  equipment  located and used at its premises; (iv) a residential customer
    16  of an electric corporation who owns, leases or  operates  micro-combined
    17  heat  and power generating equipment located on the customer's premises;
    18  (v) a non-residential customer of an electric  corporation  which  owns,
    19  leases  or  operates  micro-combined heat and power generating equipment
    20  located on the customer's premises; (vi) a residential  customer  of  an
    21  electric  corporation  who owns, leases or operates fuel cell generating
    22  equipment located on the customer's premises; [and (vi)] (vii) a non-re-
    23  sidential customer of an electric corporation who owns, leases or  oper-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05517-01-9

        A. 7019                             2
     1  ates  fuel  cell generating equipment located and used at the customer's
     2  premises; [(vii)] (viii) a residential customer of  an  electric  corpo-
     3  ration,  who  owns  or operates micro-hydroelectric generating equipment
     4  located  and  used at his or her residence; [(viii)] (ix) a non-residen-
     5  tial customer of an electric corporation which owns or  operates  micro-
     6  hydroelectric generating equipment located and used at its premises; and
     7  [(ix)]  (x)  a non-residential customer of an electric corporation which
     8  owns or operates farm waste electric generating  equipment  located  and
     9  used at its premises.
    10    §  2.  Paragraph  (f)  of  subdivision 1 of section 66-j of the public
    11  service law, as added by chapter 355 of the laws of 2009, is amended  to
    12  read as follows:
    13    (f) "Micro-combined heat and power generating equipment" means (i) (A)
    14  in  the  case  of  a  residential customer, an integrated, co-generating
    15  building heating and electrical power generation  system,  operating  on
    16  any  fuel  and of any applicable engine, fuel cell, or other technology,
    17  with a rated capacity of [at least one kilowatt and] not more  than  ten
    18  kilowatts electric and any thermal output that at full load has a design
    19  total  fuel  use efficiency in the production of heat and electricity of
    20  not less than eighty percent, and annually produces at least  two  thou-
    21  sand kilowatt hours of useful energy in the form of electricity that may
    22  work  in  combination with supplemental or parallel conventional heating
    23  systems[,]; and (B) in the case of a non-residential customer, an  inte-
    24  grated,  co-generating  building heating and electrical power generation
    25  system, operating on any fuel and of any applicable engine,  fuel  cell,
    26  or  other technology, with a rated capacity of not more than twenty-five
    27  kilowatts electric and any thermal output that a full load has a  design
    28  total  fuel  use efficiency in the production of heat and electricity of
    29  not less than eighty percent, and annually produces at least  two  thou-
    30  sand kilowatt hours of useful energy in the form of electricity that may
    31  work  in  combination with supplemental or parallel conventional heating
    32  systems; and (ii)  that  is  manufactured,  installed  and  operated  in
    33  accordance  with  applicable  government and industry standards, that is
    34  connected to the electric system and operated  in  conjunction  with  an
    35  electric corporation's transmission and distribution facilities.
    36    §  3.  Subparagraph (i) of paragraph (c) and paragraph (e) of subdivi-
    37  sion 3 of section 66-j of the public service law, as amended by  chapter
    38  546 of the laws of 2011, are amended to read as follows:
    39    (i)  In  the  case  of a customer-generator who owns or operates solar
    40  electric generating equipment, micro-combined heat and power  generating
    41  equipment,  fuel  cell electric generating equipment or micro-hydroelec-
    42  tric generating equipment located and used at his or her residence, or a
    43  non-residential customer-generator who owns or operates  solar  electric
    44  generating  equipment or micro-combined heat and power generating equip-
    45  ment with a rated capacity of not more than twenty-five kilowatts, up to
    46  a maximum amount of three hundred fifty dollars;
    47    (e) A customer who owns or operates a farm operation as such  term  is
    48  defined  in subdivision eleven of section three hundred one of the agri-
    49  culture and markets law,  or  a  non-residential  customer-generator  as
    50  defined  by  [subparagraph] subparagraphs (iii) and (v) of paragraph (a)
    51  of subdivision one of this section that locates solar electric  generat-
    52  ing  equipment,  micro-combined  heat  and power generating equipment or
    53  farm waste electric generating equipment with  a  net  energy  meter  on
    54  property owned or leased by such customer-generator may designate all or
    55  a  portion  of  the  net metering credits generated by such equipment to
    56  meters at any property owned or leased by such customer-generator within

        A. 7019                             3
     1  the service territory of the same  electric  corporation  to  which  the
     2  customer-generator's  net  energy  meters  are  interconnected and being
     3  within the same load zone as determined by the location  based  marginal
     4  price  as  of  the  date of initial request by the customer-generator to
     5  conduct net metering. The electric corporation will credit the  accounts
     6  of  the customer by applying any credits to the highest use meter first,
     7  then subsequent highest use meters until all such credits are attributed
     8  to the customer. Any excess credits shall be carried over to the follow-
     9  ing month.
    10    § 4. Paragraphs (a), (b) and (c) of subdivision 5-a of section 66-j of
    11  the public service law, as amended by chapter 546 of the laws  of  2011,
    12  are amended to read as follows:
    13    (a)  On or before three months after the effective date of this subdi-
    14  vision, each electric corporation shall  establish  standards  that  are
    15  necessary  for  net energy metering and the interconnection of non-resi-
    16  dential solar electric generating  equipment  [or],  micro-hydroelectric
    17  generating  equipment or micro-combined heat and power generating equip-
    18  ment to its system and that the commission shall determine are necessary
    19  for safe and adequate service and further the public policy set forth in
    20  this section. Such standards may include but shall not be limited to:
    21    (i) equipment necessary to isolate automatically the solar  generating
    22  system  [or], micro-hydroelectric generating equipment or micro-combined
    23  heat and power generating equipment from the utility system for  voltage
    24  and frequency deviations; and
    25    (ii) a manual lockable disconnect switch provided by the customer-gen-
    26  erator which shall be located on the outside of the customer-generator's
    27  premises  and  externally  accessible  for  the purpose of isolating the
    28  solar electric generating equipment [or], micro-hydroelectric generating
    29  equipment or micro-combined heat and power generating equipment.
    30    (b) In the event that the total rated  generating  capacity  of  solar
    31  electric   generating  equipment  [or],  micro-hydroelectric  generating
    32  equipment or micro-combined heat and  power  generating  equipment  that
    33  provides  electricity to the electric corporation through the same local
    34  feeder line exceeds twenty percent of the rated capacity  of  the  local
    35  feeder line, the electric corporation may require the customer-generator
    36  to  comply with reasonable measures to ensure safety of the local feeder
    37  line.
    38    (c) Unless otherwise determined to be necessary by the commission,  an
    39  electric corporation may not require a customer-generator to comply with
    40  additional  safety  or  performance  standards, perform or pay for addi-
    41  tional tests, or purchase additional liability insurance  provided  that
    42  the solar electric generating equipment [or], micro-hydroelectric gener-
    43  ating  equipment  or  micro-combined heat and power generating equipment
    44  meets the safety standards established pursuant to this subdivision.
    45    § 5. Subdivision (h) of section 1020-g of the public authorities  law,
    46  as  amended  by  chapter  546 of the laws of 2011, is amended to read as
    47  follows:
    48    (h) To implement programs and policies designed  to  provide  for  the
    49  interconnection of: (i) (A) solar electric generating equipment owned or
    50  operated  by  residential  customers, (B) farm waste electric generating
    51  equipment owned or operated by customer-generators, (C)  solar  electric
    52  generating equipment owned or operated by non-residential customers, (D)
    53  micro-combined  heat  and  power  generating  equipment owned, leased or
    54  operated by residential customers, (E)  fuel  cell  electric  generating
    55  equipment  owned, leased or operated by residential customers, [and] (F)
    56  micro-combined heat and power generating  equipment  owned,  leased,  or

        A. 7019                             4
     1  operated  by  non-residential  customers,  and  (G)  micro-hydroelectric
     2  generating equipment owned, leased or  operated  by  customer-generators
     3  and  for  net energy metering consistent with section sixty-six-j of the
     4  public  service  law,  to  increase the efficiency of energy end use, to
     5  shift demand from periods of high demand to periods of low demand and to
     6  facilitate the development  of  cogeneration;  and  (ii)  wind  electric
     7  generating  equipment  owned  or operated by customer-generators and for
     8  net energy metering consistent with section sixty-six-l  of  the  public
     9  service law.
    10    §  6.  This  act  shall take effect on the sixtieth day after it shall
    11  have become a law.
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