2023 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.