Section 66-L. Net energy metering for residential, farm service and non-residential wind electric generating systems  


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  • 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 in the case
      of a non-residential customer-generator,  the  lesser  of  two  thousand
      kilowatts  or  the  customer-generator's  peak load as measured over the
      prior twelve month period, or in the case that such twelve month  period
      of  measurement  is  not available, then as determined by the commission
      based on its analysis of comparable facilities;  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 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  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, such cost
      shall  be  as  determined  by  the  department  pursuant  to   standards
      established thereby.
        (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.
        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.