Bill Text: NY S03596 | 2019-2020 | General Assembly | Introduced


Bill Title: Provides that credits for excess electricity generated by customer-generators subject to net energy metering by an electric corporation or the Long Island power authority may be carried over indefinitely and used against any charges imposed by an electric corporation or the Long Island power authority when the customer-generator uses more electricity than such customer generates; provides for the accounting of credits once every 5 years and the electric corporation or Long Island power authority shall reimburse the customer-generator for the accumulated credits.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S03596 Detail]

Download: New_York-2019-S03596-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3596
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 11, 2019
                                       ___________
        Introduced  by Sens. PARKER, BOYLE, MONTGOMERY -- read twice and ordered
          printed, and when printed to be committed to the Committee  on  Energy
          and Telecommunications
        AN  ACT  to amend the public service law and the public authorities law,
          in relation to credit for electricity generated by a  customer-genera-
          tor subject to net energy metering
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 4 of section 66-j of the public service law, as
     2  amended by chapter 355 of the laws of 2009, paragraphs (b)  and  (c)  as
     3  amended  by  chapter  494  of  the  laws  of 2014, is amended to read as
     4  follows:
     5    4. Rates. An electric corporation shall use  net  energy  metering  to
     6  measure  and  charge for the net electricity supplied by the corporation
     7  and provided to the corporation by a  customer-generator,  according  to
     8  these requirements:
     9    (a) In the event that the amount of electricity supplied by the corpo-
    10  ration  during  the  billing  period  exceeds  the amount of electricity
    11  provided by a customer-generator, the corporation shall,  after  deduct-
    12  ing,  from  the aggregate of unused credit for excess electricity gener-
    13  ated by such customer-generator prior to such billing period, an  amount
    14  of  credit  equal  to the amount of electricity supplied by the electric
    15  corporation, to the extent such credit exists, and may thereafter charge
    16  the customer-generator for the net electricity supplied, after deduction
    17  of such credits, at the  same  rate  per  kilowatt  hour  applicable  to
    18  service  provided  to other customers in the same service class which do
    19  not generate electricity onsite.
    20    (b) In the event that the amount of electricity produced by a  custom-
    21  er-generator during the billing period exceeds the amount of electricity
    22  used by the customer-generator, the corporation shall (i) apply a credit
    23  to the next bill for service to the customer-generator for the net elec-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08646-01-9

        S. 3596                             2
     1  tricity  provided  at  the  same  rate  per  kilowatt hour applicable to
     2  service provided to other customers in the same service class  which  do
     3  not  generate electricity onsite, or (ii) at the option of the customer-
     4  generator,  credit  such  customer-generator  with  the amount of excess
     5  kilowatt hours generated in excess of its use, and such credit shall  be
     6  aggregated  indefinitely  to  be used as credit against charges incurred
     7  pursuant to paragraph (a) of this subdivision; except for micro-combined
     8  heat and power or fuel cell customer-generators or farm waste generating
     9  equipment customer-generators as described in subparagraph (ix) of para-
    10  graph (a) of subdivision one of this section, who will  be  credited  at
    11  the  corporation's  avoided  costs.  The avoided cost credit provided to
    12  micro-combined heat and power or fuel cell customer-generators  or  farm
    13  waste  generating equipment customer-generators as described in subpara-
    14  graph (ix) of paragraph (a) of subdivision one of this section shall  be
    15  treated  for  ratemaking  purposes  as  a purchase of electricity in the
    16  market that is includable in commodity costs.
    17    (c) At the end of the year or annualized over the period that  service
    18  is  supplied  by means of net energy metering, the corporation shall (i)
    19  promptly issue payment at its avoided cost to the customer-generator, as
    20  defined in subparagraph (i), (ii), (iv), (v) or (ix) of paragraph (a) of
    21  subdivision one of this section, for the value of any  remaining  credit
    22  for  the excess electricity produced during the year or over the annual-
    23  ized period by the customer-generator, or (ii)  at  the  option  of  the
    24  customer-generator,  shall  continue  to  aggregate such credits, at the
    25  same rate per kilowatt hour applicable to the service provided to  other
    26  customers in the same service class which do not generate electricity on
    27  site, for an indefinite period of time and continue to allow use of such
    28  credit to offset any liability of the customer-generator to the electric
    29  corporation during billing periods in which the electricity generated by
    30  the customer-generator is less than that used by such customer.
    31    (d)  In  the event that the corporation imposes charges based on kilo-
    32  watt demand on customers who are  in  the  same  service  class  as  the
    33  customer-generator  but  which  do not generate electricity on site, the
    34  corporation may impose the same charges at the same rates to the custom-
    35  er-generator, provided, however,  that  the  kilowatt  demand  for  such
    36  demand  charges  is  determined  by the maximum measured kilowatt demand
    37  actually supplied by the corporation to  the  customer-generator  during
    38  the billing period.
    39    (e)  In the event that a customer-generator elects to allow the aggre-
    40  gation of any credits for excess electricity  generated,  the  customer-
    41  generator  shall be entitled to an accounting of such credits once every
    42  five years and upon such  accounting,  the  electric  corporation  shall
    43  promptly  issue  payment at its avoided cost to such customer-generator,
    44  as defined in subparagraph (i), (ii), (iv) or (v) of  paragraph  (a)  of
    45  subdivision  one  of this section, for the value of any remaining credit
    46  for the excess electricity produced by the customer-generator.
    47    § 2. Subdivision 4 of section 66-l  of  the  public  service  law,  as
    48  amended  by  chapter  721 of the laws of 2006, paragraphs (b) and (c) as
    49  amended and paragraph (d) as added by chapter 483 of the laws  of  2008,
    50  is amended to read as follows:
    51    4.  Rates.  An  electric  corporation shall use net energy metering to
    52  measure and charge for the net electricity supplied by  the  corporation
    53  and  provided  to  the corporation by a customer-generator, according to
    54  the following requirements:
    55    (a) In the event that the amount of electricity supplied by the corpo-
    56  ration during the billing  period  exceeds  the  amount  of  electricity

        S. 3596                             3
     1  provided  by  a customer-generator, the corporation shall, after deduct-
     2  ing, from the aggregate of unused credit for excess  electricity  gener-
     3  ated  by such customer-generator prior to such billing period, an amount
     4  of  credit  equal  to the amount of electricity supplied by the electric
     5  corporation, to the extent such credit exists, and may thereafter charge
     6  the customer-generator for the net electricity supplied, after deduction
     7  of such credits, at the  same  rate  per  kilowatt  hour  applicable  to
     8  service  provided  to other customers in the same service class which do
     9  not generate electricity on site.
    10    (b) In the event that the amount of electricity produced by a  custom-
    11  er-generator during the billing period exceeds the amount of electricity
    12  used by the customer-generator, the corporation shall (i) apply a credit
    13  to the next bill for service to the customer-generator for the net elec-
    14  tricity  provided  at  the  same  rate  per  kilowatt hour applicable to
    15  service provided to other customers in the same service class  which  do
    16  not  generate  electricity on site, or (ii) at the option of the custom-
    17  er-generator, credit such customer-generator with the amount  of  excess
    18  kilowatt  hours generated in excess of its use, and such credit shall be
    19  aggregated indefinitely to be used as credit  against  charges  incurred
    20  pursuant to paragraph (a) of this subdivision.
    21    (c)  At the end of the year or annualized over the period that service
    22  is supplied by means of net energy metering, the corporation  shall  (i)
    23  promptly  issue  payment  at  its  avoided cost to a residential or farm
    24  service customer-generator for the value of any remaining credit for the
    25  excess electricity produced during the year or over the annualized peri-
    26  od by such customer-generator, or (ii) at the option  of  the  customer-
    27  generator,  shall  continue  to aggregate such credits, at the same rate
    28  per kilowatt hour applicable to the service provided to other  customers
    29  in the same service class which do not generate electricity on site, for
    30  an  indefinite  period of time, and continue to allow use of such credit
    31  to offset any liability of the customer-generator to the electric corpo-
    32  ration during billing periods in which the electricity generated by  the
    33  customer-generator is less than that used by such customer.
    34    (d)  In  the event that the corporation imposes charges based on kilo-
    35  watt demand on customers who are  in  the  same  service  class  as  the
    36  customer-generator  but  which  do not generate electricity on site, the
    37  corporation may impose the same charges at the same rates to the custom-
    38  er-generator, provided, however,  that  the  kilowatt  demand  for  such
    39  demand  charges  is  determined  by the maximum measured kilowatt demand
    40  actually supplied by the corporation to  the  customer-generator  during
    41  the billing period.
    42    (e)  In the event that a customer-generator elects to allow the aggre-
    43  gation of any credits for excess electricity  generated,  the  customer-
    44  generator  shall be entitled to an accounting of such credits once every
    45  five years and upon such  accounting,  the  electric  corporation  shall
    46  promptly  issue  payment  at its avoided cost to such customer-generator
    47  for the value  of  any  remaining  credit  for  the  excess  electricity
    48  produced by the customer-generator.
    49    §  3. Subdivision (h) of section 1020-g of the public authorities law,
    50  as amended by chapter 546 of the laws of 2011, is  amended  to  read  as
    51  follows:
    52    (h)  To  implement  programs  and policies designed to provide for the
    53  interconnection of: (i) (A) solar electric generating equipment owned or
    54  operated by residential customers, (B) farm  waste  electric  generating
    55  equipment  owned  or operated by customer-generators, (C) solar electric
    56  generating equipment owned or operated by non-residential customers, (D)

        S. 3596                             4
     1  micro-combined heat and power  generating  equipment  owned,  leased  or
     2  operated  by  residential  customers,  (E) fuel cell electric generating
     3  equipment owned, leased or operated by residential  customers,  and  (F)
     4  micro-hydroelectric  generating  equipment  owned, leased or operated by
     5  customer-generators and for net energy metering consistent with  section
     6  sixty-six-j  of  the  public  service law, to increase the efficiency of
     7  energy end use, to shift demand from periods of high demand  to  periods
     8  of  low  demand  and  to facilitate the development of cogeneration; and
     9  (ii) wind electric generating equipment owned or operated  by  customer-
    10  generators  and  for  net energy metering consistent with section sixty-
    11  six-l of the public  service  law.  Notwithstanding  the  provisions  of
    12  section one thousand twenty-s of this title, as amended by chapter three
    13  hundred  eighty-eight of the laws of two thousand eleven, the authority,
    14  in its implementation of such programs and policies, shall be subject to
    15  the provisions of subdivision four of section sixty-six-j  and  subdivi-
    16  sion four of section sixty-six-l of the public service law;
    17    §  4. This act shall take effect on the first of January next succeed-
    18  ing the date on which it shall have become a law.
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