NY Pub Serv L § 66-L (2021)
2021 New York Laws PBS - Public Service Article 4 - Provisions Relating to Gas and Electric Corporations; Regulation of Price of Gas and Electricity 66-L - Net Energy Metering for Residential, Farm Service and Non-Residential Wind Electric Generating Systems.

§  66-l.  Net  energy  metering  for  residential,  farm  service  and non-residential wind electric generating  systems.  1.  Definitions.  As used  in  this  section,  the  following  terms shall have the following meanings:  (a) "Customer-generator" means a residential  customer,  farm  service customer  or  non-residential  customer  of an electric corporation, who owns or operates wind electric generating equipment.  (b) "Residential customer-generator" means  a  customer  who  owns  or operates  wind  electric generating equipment located and used at his or her primary residence.  (c) "Farm service customer-generator" means a customer of an  electric corporation  who  owns  and  operates wind electric generating equipment located and used on land used in agricultural production as  defined  in subdivision  four  of  section  three hundred one of the agriculture and markets law, and which is also the location of  the  customer's  primary residence.  (c-1)  "Non-residential  customer-generator"  means  a  customer of an electric corporation which owns or  operates  wind  electric  generating equipment located and used at its premises.  (d) "Net energy meter" means a meter that measures the reverse flow of electricity  to register the difference between the electricity supplied by an electric corporation to the customer-generator and the electricity provided to the corporation by that customer-generator.  (e) "Net energy metering" means the use  of  a  net  energy  meter  to measure,  during  the billing period applicable to a customer-generator, the net amount of electricity supplied by  an  electric  corporation  or provided to the corporation by a customer-generator.  (f)  "Wind  electric  generating  equipment"  means  one  or more wind generators with a combined rated capacity of not more  than  twenty-five kilowatts  for  a residential customer-generator, and not more than five hundred kilowatts for a farm service customer-generator,  and  not  more than  two  thousand  kilowatts for a non-residential customer-generator; that  is  manufactured,  installed,  and  operated  in  accordance  with applicable  government  and industry standards, that is connected to the electric system and operated in parallel with an electric  corporation's transmission  and  distribution  facilities,  and  that  is  operated in compliance with any standards and requirements  established  under  this section.   2.  Interconnection  and  net energy metering. An electric corporation shall provide for the interconnection and net energy  metering  of  wind electric generating equipment owned or operated by a customer-generator; provided  that  the customer-generator enters into a net energy metering contract with the corporation or complies  with  the  corporation's  net energy  metering  schedule  and complies with standards and requirements established  under  this  section.  The  customer-generator   shall   be responsible   for   payment   of   one-half   of  the  expense  of  such interconnection for wind electric  generating  equipment  with  a  rated capacity of more than twenty-five kilowatts.   3.  Conditions of service. (a) (i) On or before three months after the effective date of this section, each electric corporation shall  develop a  model  contract  and  file a schedule that establishes consistent and reasonable rates, terms  and  conditions  for  net  energy  metering  to customer-generators,  according to the requirements of this section. The commission shall render a decision within three months from the date  on which the schedule is filed.  (ii)  On  or  before  three  months  after  the effective date of this subparagraph, each electric corporation shall develop a  model  contract and  file  a  schedule that establishes consistent and reasonable rates,  terms  and  conditions  for  net  energy  metering  to   non-residential customer-generators,  according to the requirements of this section. The commission shall render a decision within three months from the date  on which the schedule is filed.  (iii)  Each electric corporation shall make such contract and schedule available to customer-generators on a first come,  first  served  basis, until  the  total rated generating capacity for wind electric generating equipment owned or operated by customer-generators in the  corporation's service  area is equivalent to three-tenths percent of the corporation's electric demand for the year two thousand five,  as  determined  by  the department.  (b)  Nothing  in  this  subdivision  shall prohibit a corporation from providing net energy metering  to  additional  customer-generators.  The commission  shall  have the authority, after January first, two thousand twelve, to increase the percent limits if it determines that  additional net energy metering is in the public interest.  (c)  In  the event that the electric corporation determines that it is necessary to  install  one  or  more  dedicated  transformers  or  other equipment  to  protect  the  safety  and  adequacy  of  electric service provided to its other customers,  a  customer-generator  shall  pay  the electric  corporation's  actual  costs  of installing the transformer or transformers or other equipment:  (i) in the case of a  residential,  farm  service  or  non-residential customer-generator  with  a  combined  rated  capacity  of not more than twenty-five kilowatts, up to a maximum amount  of  seven  hundred  fifty dollars; and  (ii)  in the case of a farm service customer-generator with a combined rated capacity of not more than five hundred kilowatts, up to a  maximum of five thousand dollars; and  (iii)  in  the  case  of  a  non-residential customer-generator with a combined rated capacity of more than twenty-five  kilowatts,  such  cost shall  be  as  determined by the electric corporation subject to review, upon the request of such customer-generator, by the department.  (d) An electric corporation shall  impose  no  other  charge  or  fee, including,  but not limited to, back up, stand by or demand charges, for the provision of net metering to a customer-generator.  (e) A  customer  who  owns  or  operates  land  used  in  agricultural production  as  defined in subdivision four of section three hundred one of   the   agriculture   and   markets   law,   or   a   non-residential customer-generator  as  defined by paragraph (c-1) of subdivision one of this section that locates wind 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 following month.   4. Rates. An electric corporation shall use  net  energy  metering  to measure  and  charge for the net electricity supplied by the corporation and provided to the corporation by a  customer-generator,  according  to the following requirements:  (a)  In  the  event  that  the  amount  of electricity supplied by the corporation during the billing period exceeds the amount of  electricity provided  by  a  customer-generator,  the  corporation  shall charge the customer-generator for the net electricity supplied at the same rate per kilowatt  hour  applicable to service provided to other customers in the same service class which do not generate electricity on site.  (b) In the  event  that  the  amount  of  electricity  produced  by  a customer-generator  during  the  billing  period  exceeds  the amount of electricity used by the customer-generator, the corporation shall  apply a  credit to the next bill for service to the customer-generator for the net electricity provided at the same rate per kilowatt  hour  applicable to  service  provided to other customers in the same service class which do not generate electricity on site.  (c) At the end of the year or annualized over the period that  service is  supplied  by  means  of  net  energy metering, the corporation shall promptly issue payment at its avoided cost  to  a  residential  or  farm service customer-generator for the value of any remaining credit for the excess  electricity  produced  during  the  year  or over the annualized period by such customer-generator.  (d) In the  event  that  the  corporation  imposes  charges  based  on kilowatt  demand  on  customers who are in the same service class as the customer-generator but which do not generate electricity  on  site,  the corporation  may  impose  the  same  charges  at  the  same rates to the customer-generator, provided, however, that the kilowatt demand for such demand charges is determined by the  maximum  measured  kilowatt  demand actually  supplied  by  the corporation to the customer-generator during the billing period.   5. Safety standards. (a) Each electric corporation shall establish and maintain  standards  necessary  for  net   energy   metering   and   the interconnection  of wind electric generating equipment 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  a  wind  electric generating  system  from  the  utility  system for voltage and frequency deviations; and  (ii)  a  manual   lockable   disconnect   switch   provided   by   the customer-generator  which  shall  be  located  on  the  outside  of  the customer's premises  and/or  farm  and  externally  accessible  for  the purpose of isolating the wind electric generating equipment.  (b)  Upon  its  own motion or upon a complaint, the commission, or its designated representative, may investigate and make a  determination  as to  the  reasonableness and necessity of the standards or responsibility for compliance with the standards.  (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,  or  perform  or pay for additional tests, or purchase additional liability  insurance,  provided that:  (i)  the  electric  generating  equipment  meets  the safety standards established pursuant to this paragraph; and  (ii) the total rated capacity (measured in kilowatts) of wind electric generating  equipment  that  provides  electricity   to   the   electric corporation  through  the same local feeder line, does not exceed twenty percent of the rated capacity of that local feeder line.   In the event that the total rated generating capacity of wind electric 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 that local feeder line.   6.  Electric  restructuring.  Notwithstanding  the  provisions of this section, including, but not limited  to  paragraph  (c)  of  subdivision three  of  this  section,  a  customer-generator  shall  comply with any applicable determinations of the commission relating to restructuring of the electric industry.   7. Severability of provisions. The provisions of this section shall be severable and if the application of  any  clause,  sentence,  paragraph, subdivision,  section,  or  part  thereof  to any person or circumstance shall be adjudged by any court of competent jurisdiction to be  invalid, such  judgment  shall  not necessarily affect, impair, or invalidate the application  of  any  such  clause,  sentence,  paragraph,  subdivision, section,  part  or  remainder  thereof, as the case may be, to any other person or circumstance, but shall be confined in its  operation  to  the clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof directly involved in the controversy in which  such  judgment  shall  be rendered.