Bill Text: NY S01335 | 2015-2016 | General Assembly | Introduced
Bill Title: Establishes provisions for the net energy metering of neighborhood electricity usage.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-01-06 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S01335 Detail]
Download: New_York-2015-S01335-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1335
2015-2016 Regular Sessions
I N S E N A T E
January 12, 2015
___________
Introduced by Sen. LITTLE -- 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, in relation to neighborhood net
energy metering
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The public service law is amended by adding a new section
2 66-o to read as follows:
3 S 66-O. NEIGHBORHOOD NET ENERGY METERING. 1. DEFINITIONS. AS USED IN
4 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
5 (A) "AGRICULTURAL NET METERING FACILITY" MEANS A RENEWABLE ENERGY
6 GENERATING FACILITY THAT IS OPERATED AS PART OF AN AGRICULTURAL BUSI-
7 NESS, GENERATES ELECTRICITY, DOES NOT HAVE A GENERATION CAPACITY OF MORE
8 THAN TWO MEGAWATTS, IS LOCATED AND USED ON LAND USED IN AGRICULTURAL
9 PRODUCTION AS DEFINED IN SUBDIVISION FOUR OF SECTION THREE HUNDRED ONE
10 OF THE AGRICULTURE AND MARKETS LAW, AND IS USED TO PROVIDE ENERGY TO
11 METERED ACCOUNTS OF THE BUSINESS.
12 (B) "BILLING PERIOD" MEANS THE PERIOD OF TIME SET FORTH IN AN ELECTRIC
13 CORPORATION'S TERMS AND CONDITIONS FOR WHICH SUCH CORPORATION BILLS A
14 CUSTOMER FOR ITS ELECTRICITY CONSUMED OR ESTIMATED TO HAVE BEEN
15 CONSUMED.
16 (C) "CLASS I NET METERING FACILITY" MEANS A PLANT OR EQUIPMENT THAT IS
17 USED TO PRODUCE, MANUFACTURE OR OTHERWISE GENERATE ELECTRICITY, THAT IS
18 NOT A TRANSMISSION FACILITY AND THAT HAS A DESIGN CAPACITY OF SIXTY
19 KILOWATTS OR LESS.
20 (D) "CLASS II NET METERING FACILITY" MEANS AN AGRICULTURAL NET METER-
21 ING FACILITY, SOLAR NET METERING FACILITY OR WIND NET METERING FACILITY
22 WITH A GENERATING CAPACITY OF MORE THAN SIXTY KILOWATTS BUT LESS THAN OR
23 EQUAL TO ONE MEGAWATT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06278-02-5
S. 1335 2
1 (E) "CLASS III NET METERING FACILITY" MEANS AN AGRICULTURAL NET METER-
2 ING FACILITY, SOLAR NET METERING FACILITY OR WIND NET METERING FACILITY
3 WITH A GENERATING CAPACITY OF MORE THAN ONE MEGAWATT BUT LESS THAN OR
4 EQUAL TO TWO MEGAWATTS.
5 (F) "CUSTOMER" MEANS ANY PERSON, PARTNERSHIP, CORPORATION OR ANY OTHER
6 ENTITY, WHETHER PUBLIC OR PRIVATE, WHICH OBTAINS DISTRIBUTION SERVICE AT
7 A CUSTOMER DELIVERY POINT AND WHICH IS A CUSTOMER OF RECORD OF AN ELEC-
8 TRIC CORPORATION FOR ITS OWN ELECTRICITY CONSUMPTION.
9 (G) "HOST CUSTOMER" MEANS A CUSTOMER WITH A CLASS I, II OR III NET
10 METERING FACILITY THAT GENERATES ELECTRICITY ON SUCH CUSTOMER'S SIDE OF
11 THE METER.
12 (H) "INDEPENDENT SYSTEM OPERATOR" MEANS THE NEW YORK INDEPENDENT
13 SYSTEM OPERATOR.
14 (I) "MUNICIPALITY" MEANS A TOWN OR A CITY.
15 (J) "NEIGHBORHOOD" MEANS A GEOGRAPHIC AREA WITHIN A MUNICIPALITY THAT:
16 (I) IS RECOGNIZED BY THE RESIDENTS THEREOF AS INCLUDING A UNIQUE
17 COMMUNITY OF INTERESTS;
18 (II) FALLS WITHIN THE SERVICE TERRITORY OF A SINGLE ELECTRIC CORPO-
19 RATION AND WITHIN A SINGLE INDEPENDENT SYSTEM OPERATOR LOAD ZONE; AND
20 (III) MAY ENCOMPASS RESIDENTIAL, COMMERCIAL AND UNDEVELOPED PROPER-
21 TIES.
22 (K) "NEIGHBORHOOD NET METERING FACILITY" MEANS A CLASS I, II OR III
23 NET METERING FACILITY THAT:
24 (I) IS OWNED BY OR SERVES THE ENERGY NEEDS OF A GROUP OF TEN OR MORE
25 RESIDENTIAL CUSTOMERS THAT RESIDE IN A SINGLE NEIGHBORHOOD AND ARE
26 SERVED BY A SINGLE ELECTRIC CORPORATION;
27 (II) MAY ALSO BE OWNED BY OR SERVES THE ENERGY NEEDS OF OTHER CUSTOM-
28 ERS WHO RESIDE IN THE SAME NEIGHBORHOOD AND ARE SERVED BY THE SAME ELEC-
29 TRIC CORPORATION AS THE RESIDENTIAL CUSTOMERS THAT OWN OR ARE SERVED BY
30 SUCH FACILITY; AND
31 (III) IS LOCATED WITHIN THE SAME NEIGHBORHOOD AS THE CUSTOMERS THAT
32 OWN OR ARE SERVED BY THE FACILITY.
33 (1) "NET METERING" MEANS THE PROCESS OF MEASURING THE DIFFERENCE
34 BETWEEN ELECTRICITY DELIVERED BY AN ELECTRIC CORPORATION AND ELECTRICITY
35 GENERATED BY A CLASS I, CLASS II OR CLASS III, OR NEIGHBORHOOD NET
36 METERING FACILITY AND FED BACK TO SUCH ELECTRIC CORPORATION.
37 (M) "NET METERING FACILITY OF A MUNICIPALITY OR OTHER GOVERNMENTAL
38 ENTITY" MEANS A CLASS II OR III NET METERING FACILITY:
39 (I) THAT IS OWNED OR OPERATED BY A MUNICIPALITY OR OTHER GOVERNMENTAL
40 ENTITY; OR
41 (II) OF WHICH A MUNICIPALITY OR OTHER GOVERNMENTAL ENTITY IS THE HOST
42 CUSTOMER AND IS ASSIGNED THE ENTIRETY OF ITS OUTPUT.
43 (N) "RENEWABLE ENERGY GENERATING FACILITY" MEANS AN AGRICULTURAL NET
44 METERING FACILITY, SOLAR NET METERING FACILITY OR WIND NET METERING
45 FACILITY.
46 (O) "SOLAR NET METERING FACILITY" MEANS A FACILITY FOR THE PRODUCTION
47 OF ELECTRICAL ENERGY THAT USES SUNLIGHT TO GENERATE ELECTRICITY, AND IS
48 INTERCONNECTED TO AN ELECTRIC CORPORATION.
49 (P) "WIND NET METERING FACILITY" MEANS A FACILITY FOR THE PRODUCTION
50 OF ELECTRICAL ENERGY THAT USES WIND TO GENERATE ELECTRICITY, AND IS
51 INTERCONNECTED TO AN ELECTRIC CORPORATION.
52 2. NET METERING SERVICES. (A) EACH ELECTRIC CORPORATION SHALL PROVIDE
53 SERVICES TO CUSTOMERS AND HOST CUSTOMERS NECESSARY TO PERMIT NET METER-
54 ING, INCLUDING THOSE RELATED TO INTERCONNECTION, METERING, AND CALCU-
55 LATION AND BILLING OF NET METERING CREDITS.
S. 1335 3
1 (B) NO ELECTRIC CORPORATION SHALL IMPOSE SPECIAL FEES ON A HOST
2 CUSTOMER OPERATING A CLASS I NET METERING FACILITY, SUCH AS BACKUP
3 CHARGES AND DEMAND CHARGES, OR ADDITIONAL CONTROLS OR LIABILITY INSUR-
4 ANCE, PROVIDED THAT THE FACILITY MEETS THE OTHER REQUIREMENTS FOR INTER-
5 CONNECTION, AND ALL RELEVANT SAFETY AND POWER QUALITY STANDARDS.
6 (C) EACH ELECTRIC CORPORATION SHALL CALCULATE A NET METERING CREDIT IN
7 ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION, AND BILL ANY HOST
8 CUSTOMER FOR KILOWATT-HOUR USAGE DURING ANY BILLING PERIOD IN WHICH THE
9 KILOWATT-HOURS GENERATED BY SUCH CUSTOMER'S CLASS I, II OR III NET
10 METERING FACILITY EXCEED THE CUSTOMER'S KILOWATT-USAGE DURING SUCH PERI-
11 OD.
12 (D) EACH ELECTRIC CORPORATION SHALL BILL A HOST CUSTOMER FOR EXCESS
13 CONSUMPTION DURING ANY BILLING PERIOD IN WHICH THE KILOWATT-HOURS
14 CONSUMED BY SUCH CUSTOMER EXCEED THE KILOWATT-HOURS GENERATED BY ITS
15 CLASS I, II OR III NET METERING FACILITY.
16 3. CALCULATION OF NET METERING CREDITS. (A) FOR EACH CLASS I WIND,
17 SOLAR OR AGRICULTURAL NET METERING FACILITY, CLASS II NET METERING
18 FACILITY, AND NET METERING FACILITY OF A MUNICIPALITY OR OTHER GOVERN-
19 MENTAL ENTITY, AN ELECTRIC CORPORATION SHALL CALCULATE, FOR EACH BILLING
20 PERIOD, A NET METERING CREDIT EQUAL TO THE PRODUCT OF THE:
21 (I) EXCESS KILOWATT-HOURS BY TIME OF USE, IF APPLICABLE; AND
22 (II) SUM OF THE ELECTRIC CORPORATION CHARGES APPLICABLE TO THE RATE
23 CLASS UNDER WHICH THE HOST CUSTOMER RECEIVES ELECTRICITY.
24 (B) FOR EACH CLASS I NET METERING FACILITY NOT REFERRED TO IN PARA-
25 GRAPH (A) OF THIS SUBDIVISION, AN ELECTRIC CORPORATION SHALL CALCULATE,
26 FOR EACH BILLING PERIOD, A NET METERING CREDIT EQUAL TO THE PRODUCT OF
27 THE:
28 (I) EXCESS KILOWATT-HOURS BY TIME OF USE, IF APPLICABLE; AND
29 (II) THE AVERAGE MONTHLY CLEARING PRICE AT THE INDEPENDENT SYSTEM
30 OPERATOR.
31 (C) FOR EACH NEIGHBORHOOD OR CLASS III NET METERING FACILITY, OTHER
32 THAN A NET METERING FACILITY OF A MUNICIPALITY OR OTHER GOVERNMENTAL
33 ENTITY, AN ELECTRIC CORPORATION SHALL CALCULATE, FOR EACH BILLING PERI-
34 OD, A NET METERING CREDIT EQUAL TO THE PRODUCT OF THE:
35 (I) EXCESS KILOWATT-HOURS BY TIME OF USE, IF APPLICABLE; AND
36 (II) SUM OF ELECTRIC CORPORATION CHARGES APPLICABLE TO THE RATE CLASS
37 UNDER WHICH THE HOST CUSTOMER RECEIVES ELECTRICITY.
38 (D) FOR ANY BILLING PERIOD IN WHICH AN ELECTRIC CORPORATION CALCULATES
39 A NET METERING CREDIT FOR A HOST CUSTOMER, SUCH CORPORATION SHALL APPLY
40 SUCH CREDIT TO THE HOST CUSTOMER'S ACCOUNT FOR THE SUBSEQUENT BILLING
41 PERIOD, UNLESS SUCH CUSTOMER DESIGNATES OTHERWISE PURSUANT TO SUBDIVI-
42 SION FOUR OF THIS SECTION. AN ELECTRIC CORPORATION SHALL CARRY FORWARD,
43 FROM BILLING PERIOD TO BILLING PERIOD, ANY REMAINING NET METERING CREDIT
44 BALANCE.
45 4. ALLOCATION OF NET METERING CREDITS. (A) FOR EACH CLASS I, II OR III
46 NET METERING FACILITY, EACH ELECTRIC CORPORATION SHALL ALLOCATE NET
47 METERING CREDITS, AS DESIGNATED IN WRITING BY THE HOST CUSTOMER, TO
48 OTHER CUSTOMERS WHO ARE IN SUCH CORPORATION'S SERVICE TERRITORY AND ARE
49 LOCATED IN THE SAME INDEPENDENT SYSTEM OPERATOR LOAD ZONE. THE MANNER
50 AND FORM OF CREDIT DESIGNATION SHALL BE AS SPECIFIED IN THE ELECTRIC
51 CORPORATION'S REQUIREMENTS. NOTWITHSTANDING THE FOREGOING, IF THE HOST
52 CUSTOMER IS A MUNICIPALITY OR OTHER GOVERNMENTAL ENTITY, IT MAY DIRECT
53 ITS ELECTRIC CORPORATION TO ALLOCATE NET METERING CREDITS ONLY TO OTHER
54 CUSTOMERS THAT ARE MUNICIPALITIES OR OTHER GOVERNMENTAL ENTITIES.
55 (B) FOR A NEIGHBORHOOD NET METERING FACILITY, AN ELECTRIC CORPORATION
56 SHALL ALLOCATE NET METERING CREDITS TO RESIDENTIAL OR OTHER CUSTOMERS
S. 1335 4
1 WHO RESIDE IN THE SAME NEIGHBORHOOD IN WHICH THE NEIGHBORHOOD NET METER-
2 ING FACILITY IS LOCATED AND HAVE AN OWNERSHIP INTEREST IN, OR ARE SERVED
3 BY THE NEIGHBORHOOD NET METERING FACILITY.
4 (C) EACH ELECTRIC CORPORATION SHALL CARRY FORWARD, FROM BILLING PERIOD
5 TO BILLING PERIOD, ANY REMAINING NET METERING CREDIT BALANCE.
6 (D) FOR A CLASS III NET METERING FACILITY, AN ELECTRIC CORPORATION MAY
7 ELECT TO PAY TO A HOST CUSTOMER NET METERING CREDITS RATHER THAN ALLO-
8 CATING SUCH CREDITS PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION.
9 5. ELIGIBILITY FOR NET METERING. NO ELECTRIC CORPORATION SHALL PROVIDE
10 NET METERING SERVICES TO ANY HOST CUSTOMER OR TO ANY OTHER ELECTRIC
11 CORPORATION THAT IS SUBJECT TO THE PROVISIONS OF THIS CHAPTER.
12 6. NET METERING CAPACITY. (A) EACH ELECTRIC CORPORATION SHALL MAKE NET
13 METERING SERVICES AVAILABLE TO HOST CUSTOMERS, SUCH THAT THE AGGREGATE
14 CAPACITY OF:
15 (I) NET METERING FACILITIES THAT ARE NOT NET METERING FACILITIES OF A
16 MUNICIPALITY OR OTHER GOVERNMENTAL ENTITY DOES NOT EXCEED ONE PERCENT OF
17 SUCH CORPORATION'S HIGHEST HISTORICAL PEAK LOAD; AND
18 (II) NET METERING FACILITIES OF A MUNICIPALITY OR OTHER GOVERNMENTAL
19 ENTITY DOES NOT EXCEED TWO PERCENT OF SUCH CORPORATION'S HIGHEST HISTOR-
20 ICAL PEAK LOAD.
21 (B) THE MAXIMUM AMOUNT OF GENERATING CAPACITY ELIGIBLE FOR NET METER-
22 ING BY A MUNICIPALITY OR OTHER GOVERNMENTAL ENTITY SHALL BE TEN MEGA-
23 WATTS, AS DETERMINED BY THE SUM OF THE NAMEPLATE RATINGS OF CLASS II AND
24 III NET METERING FACILITIES FOR WHICH THE MUNICIPALITY OR OTHER GOVERN-
25 MENTAL ENTITY IS THE HOST CUSTOMER.
26 (C) EACH ELECTRIC CORPORATION SHALL IDENTIFY ON AN ANNUAL BASIS ITS
27 HIGHEST HISTORICAL PEAK LOAD AND POST THAT DATA ON ITS WEBSITE ON OR
28 BEFORE THE FIRST OF FEBRUARY OF THE FOLLOWING YEAR.
29 (D) FOR THE PURPOSE OF CALCULATING THE AGGREGATE CAPACITY OF CLASS I,
30 II AND III NET METERING FACILITIES, THE CAPACITY OF A:
31 (I) SOLAR NET METERING FACILITY SHALL BE EIGHTY PERCENT OF THE FACILI-
32 TY'S DIRECT CURRENT RATING AT STANDARD TEST CONDITIONS; AND
33 (II) WIND NET METERING FACILITY, AND ALL OTHER NON-SOLAR NET METERING
34 FACILITIES, SHALL BE THE NAMEPLATE RATING.
35 7. NET METERING REPORTS. (A) EACH ELECTRIC CORPORATION SHALL COMPILE
36 AND MAINTAIN RECORDS OF THE FOLLOWING:
37 (I) THE SIZE, GENERATION TYPE, NET METERING CLASS, FUEL TYPE AND THE
38 MUNICIPALITY WITHIN WHICH EACH NET METERING FACILITY RECEIVES NET METER-
39 ING SERVICES;
40 (II) THE SIZE, GENERATION TYPE, FUEL TYPE AND THE MUNICIPALITY WITHIN
41 WHICH EACH NET METERING FACILITY HAS REQUESTED INTERCONNECTION WITH SUCH
42 ELECTRIC CORPORATION; AND
43 (III) THE AGGREGATE CAPACITY OF NET METERING FACILITIES THAT HAVE
44 INTERCONNECTED, AND THAT HAVE REQUESTED INTERCONNECTION TO SUCH ELECTRIC
45 CORPORATION.
46 (B) EACH ELECTRIC CORPORATION SHALL REPORT TO THE COMMISSION THE
47 INFORMATION REQUIRED TO BE COMPILED PURSUANT TO PARAGRAPH (A) OF THIS
48 SUBDIVISION, AT SUCH TIME AND IN SUCH FORM AS SHALL BE DESIGNATED IN THE
49 RULES OF THE COMMISSION.
50 (C) EACH ELECTRIC CORPORATION SHALL POST, ON A PUBLICLY ACCESSIBLE
51 INTERNET WEBSITE, DATA TRACKING THE AGGREGATE CAPACITY OF ELIGIBLE NET
52 METERING FACILITIES THAT HAVE CONNECTED AND HAVE REQUESTED INTERCON-
53 NECTION RELATIVE TO THE NET METERING CAPACITY ESTABLISHED PURSUANT TO
54 SUBDIVISION SIX OF THIS SECTION.
55 8. RULES. THE COMMISSION SHALL PROMULGATE ANY RULES AND REGULATIONS
56 NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
S. 1335 5
1 S 2. This act shall take effect on the first of January next succeed-
2 ing the date on which it shall have become a law; provided, however,
3 that effective immediately any rules and regulations necessary to imple-
4 ment the provisions of this act on its effective date are authorized and
5 directed to be completed on or before such date.
