S T A T E O F N E W Y O R K
________________________________________________________________________
107
2015-2016 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2015
___________
Introduced by M. of A. PAULIN, MOYA, ROSENTHAL, BARRETT, GALEF, GUNTHER,
HOOPER, LIFTON, LUPARDO, OTIS, QUART, TITONE, CRESPO, SOLAGES, ENGLE-
BRIGHT, FAHY, RODRIGUEZ, BUCHWALD, LENTOL, MAGEE, RIVERA, SCHIMEL,
THIELE -- read once and referred to the Committee on Energy
AN ACT to amend the executive law, the public service law and the public
authorities law, in relation to shared renewable facilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subparagraph (i) of paragraph (b) of subdivision 4 of
2 section 94-a of the executive law, as amended by section 12 of part A of
3 chapter 173 of the laws of 2013, is amended to read as follows:
4 (i) on behalf of the secretary, initiate, intervene in, or participate
5 in any proceedings before the public service commission or the depart-
6 ment of public service, to the extent authorized by sections three-b,
7 twenty-four-a, SIXTY-SIX-O, seventy-one, eighty-four or ninety-six of
8 the public service law or any other applicable provision of law, where
9 he or she deems such initiation, intervention or participation to be
10 necessary or appropriate;
11 S 2. Section 2 of the public service law is amended by adding a new
12 subdivision 2-e to read as follows:
13 2-E. THE TERM "SHARED RENEWABLE ENERGY FACILITY" WHEN USED IN THIS
14 CHAPTER MEANS SOLAR ELECTRIC GENERATING EQUIPMENT AS SUCH TERM IS
15 DEFINED IN SECTION SIXTY-SIX-J OF THIS CHAPTER; AND WIND ELECTRIC GENER-
16 ATING EQUIPMENT AS SUCH TERM IS DEFINED IN SECTION SIXTY-SIX-L OF THIS
17 CHAPTER. SUCH FACILITIES SHALL: (A) NOT EXCEED A NAMEPLATE CAPACITY OF
18 GREATER THAN TWO MEGAWATTS, PROVIDED THAT FACILITIES LOCATED IN A POTEN-
19 TIAL ENVIRONMENTAL JUSTICE AREA, AS DETERMINED BY THE DEPARTMENT OF
20 ENVIRONMENTAL CONSERVATION AS SUCH AREAS WERE DEPICTED ON MAY FIFTH, TWO
21 THOUSAND FOURTEEN, SHALL NOT EXCEED A NAMEPLATE CAPACITY OF GREATER THAN
22 ONE MEGAWATT; (B) BE LOCATED, CONSTRUCTED AND OPERATED, IN ACCORDANCE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00892-02-5
A. 107 2
1 WITH ANY APPLICABLE LOCAL LAW, ORDINANCE OR REGULATION; (C) BE LOCATED
2 IN A SHARED RENEWABLE ENERGY FACILITY COMPATIBILITY AND ACCOMMODATION
3 ZONE AS PROVIDED FOR IN SUBDIVISION FOUR OF SECTION SIXTY-SIX-O OF THIS
4 CHAPTER; (D) BE MANUFACTURED, INSTALLED AND OPERATED IN ACCORDANCE WITH
5 APPLICABLE GOVERNMENT AND INDUSTRY STANDARDS, CONNECTED TO THE ELECTRIC
6 SYSTEM AND OPERATED IN CONJUNCTION WITH AN ELECTRIC CORPORATION'S TRANS-
7 MISSION AND DISTRIBUTION FACILITIES; AND (E) SHALL HAVE NO LESS THAN TEN
8 SUBSCRIBERS.
9 S 3. Subdivision 1 of section 5 of the public service law is amended
10 by adding a new paragraph i to read as follows:
11 I. TO THE DETERMINATION OF COMPATIBILITY, INTERCONNECTION AND OPERA-
12 TION OF SHARED RENEWABLE ENERGY FACILITIES AS SUCH TERM IS DEFINED IN
13 PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION SIXTY-SIX-O OF THIS CHAPTER.
14 S 4. The public service law is amended by adding a new section 66-o to
15 read as follows:
16 S 66-O. SHARED RENEWABLE ENERGY FACILITIES. 1. AS USED IN THIS
17 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
18 (A) "SUBSCRIBER" MEANS A RESIDENTIAL OR NON-RESIDENTIAL CUSTOMER OF AN
19 ELECTRIC CORPORATION WHO HAS: (I) ENTERED INTO A POWER SUBSCRIBER AGREE-
20 MENT WITH A SUBSCRIBER COMPANY; AND (II) IDENTIFIED ONE OR MORE METERS
21 TO WHICH THE PRO-RATA SHARE OF THE ELECTRICAL OUTPUT OF A FACILITY SHALL
22 BE ATTRIBUTED PURSUANT TO HIS OR HER POWER SUBSCRIBER AGREEMENT. SUCH
23 METERS SHALL BE WITHIN EITHER THE SAME COUNTY AS THE SHARED RENEWABLE
24 ENERGY FACILITY TO WHICH A SUBSCRIBER HAS ENTERED INTO A POWER SUBSCRIB-
25 ER AGREEMENT, EXCEPT THAT IN THE CASE OF A SUBSCRIBER WHOSE METERS ARE
26 LOCATED IN A COUNTY OF TWENTY THOUSAND OR LESS, ACCORDING TO THE MOST
27 RECENT CENSUS, THE SUBSCRIBER MAY ENTER INTO A POWER SUBSCRIBER AGREE-
28 MENT WITH A SUBSCRIBER COMPANY WHOSE SHARED RENEWABLE ENERGY FACILITY IS
29 LOCATED IN AN ADJACENT COUNTY OF TWENTY THOUSAND OR LESS WITHIN THE SAME
30 SERVICE TERRITORY OF THE ELECTRIC CORPORATION OF WHICH HE OR SHE IS A
31 CUSTOMER, AND IS LOCATED WITHIN THE SAME LOAD ZONE AS DETERMINED BY THE
32 LOCATION BASED MARGINAL PRICE AS OF THE DATE OF THE INITIAL REQUEST BY A
33 SUBSCRIBER COMPANY TO INTERCONNECT A SHARED RENEWABLE ENERGY FACILITY.
34 (B) "POWER SUBSCRIBER AGREEMENT" OR "SUBSCRIBER AGREEMENT" MEANS AN
35 AGREEMENT BETWEEN A SUBSCRIBER AND A SUBSCRIBER COMPANY THAT MEETS STAN-
36 DARDS PURSUANT TO PARAGRAPH (A) OF SUBDIVISION SIX OF THIS SECTION. SUCH
37 AGREEMENT SHALL: (I) INCLUDE THE NAME, ADDRESS AND ELECTRIC CORPORATION
38 ACCOUNT NUMBER TO WHICH THE SUBSCRIPTION SHALL BE ATTRIBUTED; (II) ENTI-
39 TLE A SUBSCRIBER TO A PRO-RATA SHARE OF THE ACTUAL ELECTRICAL OUTPUT OF
40 A SHARED RENEWABLE ENERGY FACILITY; AND (III) PROVIDE THAT A SUBSCRIB-
41 ER'S PRO-RATA SHARE WILL BE REFLECTED AS A BILL CREDIT AGAINST THE
42 SUBSCRIBER'S MONTHLY ELECTRIC USAGE AS METERED BY HIS OR HER ELECTRIC
43 CORPORATION AND BILLED BY SUCH ELECTRIC CORPORATION ON A PER KILOWATT
44 HOUR BASIS.
45 (C) "SUBSCRIPTION ROSTER" MEANS THE COMPILATION OF INFORMATION FROM
46 POWER SUBSCRIBER AGREEMENTS FOR A PARTICULAR SHARED RENEWABLE ENERGY
47 FACILITY WHICH IS COLLECTED BY THE SUBSCRIBER COMPANY OWNING SUCH FACIL-
48 ITY FOR THE PURPOSES OF DIRECTING AN ELECTRIC CORPORATION TO APPLY BILL
49 CREDITS AGAINST SUBSCRIBERS' MONTHLY ELECTRIC USAGE AS METERED AND
50 RECOVERED BY SUCH ELECTRIC CORPORATION THROUGH A MONTHLY BILL.
51 (D) "SUBSCRIBER COMPANY" MEANS A GENERAL PARTNERSHIP, LIMITED PARTNER-
52 SHIP, LIMITED LIABILITY COMPANY, COOPERATIVE, S-CORPORATION, C-CORPORA-
53 TION OR NOT-FOR-PROFIT CORPORATION WHOSE PURPOSE IS TO OWN AND OPERATE A
54 SHARED RENEWABLE ENERGY FACILITY.
55 (E) "SUBSCRIPTION" MEANS THE RIGHTS AND RESPONSIBILITIES OF A
56 SUBSCRIBER TO A PRO-RATA PORTION OF THE ACTUAL ELECTRICAL OUTPUT OF A
A. 107 3
1 SHARED RENEWABLE ENERGY FACILITY, AS SET FORTH IN A SUBSCRIBER AGREE-
2 MENT. A SUBSCRIPTION SHALL: (I) AT A MINIMUM, REPRESENT AT LEAST ONE
3 KILOWATT OF A SHARED RENEWABLE ENERGY FACILITY'S GENERATING CAPACITY;
4 AND (II) NOT EXCEED ONE HUNDRED PERCENT OF A SUBSCRIBER'S ELECTRICAL
5 CONSUMPTION AS MEASURED IN KILOWATT HOURS FROM THE TWELVE-MONTH PERIOD
6 IMMEDIATELY PRECEDING THE ESTABLISHMENT OF A SUBSCRIBER AGREEMENT.
7 (F) "BILL CREDIT" MEANS A CREDIT MEASURED ON A PER KILOWATT HOUR BASIS
8 AND APPLIED AGAINST A SUBSCRIBER'S NEXT MONTHLY BILL FOR SERVICE ISSUED
9 BY HIS OR HER ELECTRIC CORPORATION BASED UPON THE PRO-RATA SHARE OF THE
10 ELECTRICAL OUTPUT OF THE SHARED RENEWABLE ENERGY FACILITY TO WHICH THE
11 CUSTOMER IS ENTITLED PURSUANT TO A SUBSCRIBER AGREEMENT.
12 2. NO LATER THAN JULY THIRTY-FIRST, TWO THOUSAND SIXTEEN, THE COMMIS-
13 SION SHALL COMMENCE A PROCEEDING TO: (A) DEVELOP A STATEWIDE SHARED
14 RENEWABLE ENERGY FACILITY COMPATIBILITY AND ACCOMMODATION ZONE MAP; (B)
15 ESTABLISH CRITERIA FOR THE COMPATIBLE INTERCONNECTION AND OPERATION OF
16 SHARED RENEWABLE ENERGY FACILITIES AND SUBSCRIBER PROTECTIONS; AND (C)
17 DEVELOP SUBSCRIBER PROTECTION STANDARDS.
18 3. IN DEVELOPING THE ORDER PURSUANT TO SUBDIVISION TWO OF THIS
19 SECTION, THE COMMISSION SHALL CONSULT WITH THE STATE DEPARTMENT OF ENVI-
20 RONMENTAL CONSERVATION AND THE BULK SYSTEM OPERATOR SERVING NEW YORK
21 STATE. THE COMMISSION SHALL ALSO SOLICIT PARTICIPATION AND PUBLIC
22 COMMENT FROM STAKEHOLDER ORGANIZATIONS INCLUDING, BUT NOT LIMITED TO:
23 (A) ORGANIZATIONS ADVOCATING FOR ENVIRONMENTAL CONCERNS;
24 (B) ORGANIZATIONS REPRESENTING RENEWABLE ENERGY INDUSTRIES;
25 (C) ELECTRIC CORPORATIONS; AND
26 (D) THE LONG ISLAND POWER AUTHORITY.
27 4. THE COMMISSION MAP PURSUANT TO SUBDIVISION TWO OF THIS SECTION
28 SHALL BE DEVELOPED ON A COUNTY-BY-COUNTY BASIS. THE COMMISSION SHALL
29 DETERMINE WHICH COUNTIES, IF ANY, WOULD BENEFIT FROM THE INTERCON-
30 NECTION, OPERATION AND ELECTRICAL OUTPUT OF SHARED RENEWABLE ENERGY
31 FACILITIES, TAKING INTO CONSIDERATION FACTORS AFFECTING THE PRICE AND
32 DELIVERABILITY OF ELECTRICITY IN EACH COUNTY. THE COMMISSION SHALL
33 PUBLISH SUCH MAP AND ACCOMMODATE THE INTERCONNECTION OF SHARED RENEWABLE
34 ENERGY FACILITIES WHICH MEET THE REQUIREMENTS OF THIS SECTION AND ANY
35 RULES AND REGULATIONS OF THE COMMISSION PERTAINING THERETO NO LATER THAN
36 JULY THIRTY-FIRST, TWO THOUSAND SEVENTEEN. SUCH MAP SHALL BE UPDATED NO
37 LATER THAN JULY THIRTY-FIRST OF EACH SUCCEEDING YEAR. IN DEVELOPING THE
38 MAP PURSUANT TO THIS SUBDIVISION, THE COMMISSION SHALL CONSIDER ON A
39 COUNTY-BY-COUNTY BASIS:
40 (A) THE POTENTIAL NEED FOR ADDITIONAL ELECTRIC GENERATION AND/OR TRAN-
41 SMISSION WITHIN THE PRECEDING TEN-YEAR PERIOD;
42 (B) ELECTRIC CONGESTION ON THE HIGH VOLTAGE TRANSMISSION NETWORK WHICH
43 HAS CREATED OR IS PROJECTED TO CREATE WITHIN TEN YEARS, A SYSTEM RELI-
44 ABILITY PROBLEM, OR, AS DETERMINED BY THE COMMISSION, HAS CONTRIBUTED TO
45 A SIGNIFICANT INCREASE IN THE WHOLESALE COST OF ELECTRICITY; AND
46 (C) THE POTENTIAL FOR REDUCTION IN OVERALL EMISSIONS OF CARBON DIOX-
47 IDE, SULFUR DIOXIDE, NITROGEN OXIDE AND PARTICULATE MATTER 2.5 (PM 2.5)
48 THAT WOULD BE ATTRIBUTABLE TO THE OPERATION OF SHARED RENEWABLE ENERGY
49 FACILITIES.
50 5. THE ORDER ESTABLISHED BY THE COMMISSION PURSUANT TO SUBDIVISION TWO
51 OF THIS SECTION SHALL INCLUDE STANDARDS FOR THE INTERCONNECTION AND
52 OPERATION OF SHARED RENEWABLE ENERGY FACILITIES, INCLUDING BUT NOT
53 LIMITED TO REQUIREMENTS THAT:
54 (A) SHARED RENEWABLE ENERGY FACILITIES SHALL BE DESIGNED TO ENSURE
55 SAFE AND ADEQUATE OPERATION AND THAT ANY COSTS ASSOCIATED WITH EQUIPMENT
A. 107 4
1 AND TECHNOLOGY THE COMMISSION DEEMS NECESSARY FOR SUCH PURPOSE SHALL BE
2 THE RESPONSIBILITY OF A SUBSCRIBER COMPANY;
3 (B) SHARED RENEWABLE ENERGY FACILITIES ARE DESIGNED TO OPERATE (I) IN
4 THE SAME SERVICE TERRITORY OF THE ELECTRIC CORPORATION AND COUNTY OR
5 COUNTIES AS AUTHORIZED BY THE COMMISSION TO WHICH ITS SUBSCRIBERS ARE
6 METERED FOR ELECTRICAL USAGE; AND (II) ARE LOCATED WITHIN THE SAME LOAD
7 ZONE AS DETERMINED BY THE LOCATION BASED MARGINAL PRICE AS OF THE DATE
8 OF THE INITIAL REQUEST BY A SUBSCRIBER COMPANY TO INTERCONNECT A SHARED
9 RENEWABLE ENERGY FACILITY;
10 (C) A SHARED RENEWABLE ENERGY FACILITY'S ELECTRICAL OUTPUT WILL NOT
11 RESULT IN ELECTRICAL CONGESTION OR CONTRIBUTE SIGNIFICANTLY TO ELECTRIC
12 CONGESTION WITHIN THE SERVICE TERRITORY OF AN ELECTRIC CORPORATION;
13 (D) A SUBSCRIBER COMPANY SHALL ONLY SELL TO SUBSCRIBERS AND SHALL NOT
14 SELL OR OTHERWISE MARKET TO A THIRD-PARTY, ELECTRIC CORPORATION, PUBLIC
15 POWER AUTHORITY, RURAL ELECTRIC CO-OPERATIVE, OR WHOLESALE BULK ELECTRIC
16 SYSTEM OPERATOR, WHETHER OR NOT SUCH WHOLESALE BULK ELECTRIC SYSTEM
17 OPERATOR IS LOCATED IN NEW YORK; AND
18 (E) AN ELECTRIC CORPORATION SHALL NOT BE REQUIRED TO PURCHASE ENERGY
19 PRODUCED BY A SHARED RENEWABLE ENERGY FACILITY BUT WHICH IS UNSUB-
20 SCRIBED.
21 6. THE ORDER ESTABLISHED BY THE COMMISSION SHALL INCLUDE SUBSCRIBER
22 PROTECTION STANDARDS TO BE INCLUDED IN THE POWER SUBSCRIBER AGREEMENT,
23 WHICH SHALL:
24 (A) (I) ESTABLISH CLEAR AND CONSISTENT CHARGES BASED ON A SUBSCRIBER'S
25 PRO-RATA SHARE OF A SHARED RENEWABLE ENERGY FACILITY'S OUTPUT EXPRESSED
26 AS MONTHLY CHARGES BASED ON PER KILOWATT HOUR PRODUCTION; (II) GUARANTEE
27 REFUNDS FROM THE SUBSCRIBER COMPANY TO THE SUBSCRIBER FOR ANY PORTION OF
28 SUCH SHARE THAT SUCH SHARED RENEWABLE ENERGY FACILITY DOES NOT ACTUALLY
29 PRODUCE; AND (III) GUARANTEE REFUNDS FROM A SUBSCRIBER COMPANY FOR ANY
30 PORTION OF A SUBSCRIBER'S SHARE THAT WAS NOT ACTUALLY CONSUMED BY THE
31 SUBSCRIBER;
32 (B) LIMIT THE TERM OF A POWER SUBSCRIBER AGREEMENT: (I) FOR SUBSCRIB-
33 ERS WHO ARE RESIDENTIAL CUSTOMERS OF AN ELECTRIC CORPORATION, TO NO
34 GREATER THAN FIVE YEARS; AND (II) FOR SUBSCRIBERS WHO ARE NON-RESIDEN-
35 TIAL CUSTOMERS OF AN ELECTRIC CORPORATION, TO NO GREATER THAN TEN YEARS,
36 PROVIDED THAT A SUBSCRIBER MAY RENEW HIS OR HER SUBSCRIPTION UPON ITS
37 EXPIRATION FOR AN ADDITIONAL TERM;
38 (C) REQUIRE THAT, IN THE CASE OF A SHARED RENEWABLE ENERGY FACILITY
39 WHICH HAS NOT BEEN INTERCONNECTED UPON THE SIGNING OF A POWER SUBSCRIBER
40 AGREEMENT, THE SUBSCRIBER COMPANY SHALL IMMEDIATELY NOTIFY EACH
41 SUBSCRIBER UPON THE INTERCONNECTION OF SUCH SHARED RENEWABLE ENERGY
42 FACILITY THAT HE OR SHE HAS FORTY-FIVE DAYS UPON THE RECEIPT OF THE
43 NOTICE REQUIRED PURSUANT TO THIS PARAGRAPH TO CANCEL HIS OR HER
44 SUBSCRIPTION WITH NO CANCELLATION OR OTHER CHARGES ASSESSED BY HIS OR
45 HER SUBSCRIBER COMPANY, PROVIDED THAT IF A SHARED RENEWABLE ENERGY
46 FACILITY IS NOT INTERCONNECTED WITHIN ONE YEAR OF THE COMPLETION OF A
47 POWER SUBSCRIBER AGREEMENT, THE SUBSCRIBER AGREEMENT WILL BE NULL AND
48 VOID;
49 (D) REQUIRE THAT, IN THE CASE OF A SHARED RENEWABLE ENERGY FACILITY
50 WHICH WAS INTERCONNECTED PRIOR TO THE SIGNING OF A POWER SUBSCRIBER
51 AGREEMENT, THE SUBSCRIBER SHALL HAVE FORTY-FIVE DAYS UPON THE SIGNING OF
52 A POWER SUBSCRIBER AGREEMENT TO CANCEL HIS OR HER SUBSCRIPTION WITH NO
53 CANCELLATION OR OTHER CHARGES ASSESSED BY HIS OR HER SUBSCRIBER COMPANY;
54 (E) PROHIBIT A SUBSCRIBER COMPANY FROM TRANSFERRING A SUBSCRIPTION
55 FROM ONE SHARED RENEWABLE ENERGY FACILITY TO ANOTHER, REGARDLESS OF
56 WHETHER THE SUBSCRIBER FACILITY TO WHICH A SUBSCRIBER AGREEMENT WOULD BE
A. 107 5
1 TRANSFERRED IS OWNED OR OPERATED BY THE SAME COMPANY, WITHOUT A
2 SUBSCRIBER'S CONSENT;
3 (F) ESTABLISH THAT ANY COMPLAINTS BY A SUBSCRIBER ABOUT HIS OR HER
4 SUBSCRIPTION SHALL BE NOT BE THE RESPONSIBILITY OF THE ELECTRIC CORPO-
5 RATION BUT INSTEAD SHALL BE THE RESPONSIBILITY OF THE SUBSCRIBER COMPA-
6 NY;
7 (G) REQUIRE A SUBSCRIBER COMPANY SEEKING TO INTERCONNECT PURSUANT TO
8 THIS SECTION TO ESTABLISH AND MAINTAIN A COMPLAINT HANDLING PROCESS;
9 (H) PROHIBIT A SUBSCRIBER COMPANY FROM CHARGING DIFFERENTIAL
10 SUBSCRIPTION FEES TO SUBSCRIBERS WHO ARE CUSTOMERS OF THE SAME CLASS OF
11 ELECTRIC SERVICE WHOSE PRO-RATA SHARE OF A SHARED RENEWABLE ENERGY
12 FACILITY'S OUTPUT IS THE SAME;
13 (I) DETERMINE THE APPROPRIATENESS OF A SUBSCRIBER COMPANY REQUIRING
14 DEPOSITS FOR A SUBSCRIPTION IN A SHARED RENEWABLE FACILITY, AND IF SO
15 DETERMINED, THE ALLOWANCES AND/OR LIMITATIONS FOR SUCH DEPOSITS; AND
16 (J) INCLUDE ANY ADDITIONAL CONSUMER PROTECTIONS THE COMMISSION DEEMS
17 NECESSARY.
18 7. IN DEVELOPING ITS ORDER, THE COMMISSION SHALL CONSIDER:
19 (A) THE NECESSITY OF ADDITIONAL ELECTRIC CAPACITY IN AN ELECTRIC
20 CORPORATION'S TRANSMISSION AND DISTRIBUTION SYSTEM TERRITORY;
21 (B) THE COST OF ELECTRIC SYSTEM UPGRADES NECESSARY TO ACCOMMODATE THE
22 INTERCONNECTION AND OPERATION OF A SHARED RENEWABLE ENERGY FACILITY,
23 INCLUDING THE IMPACT OF SUCH UPGRADES ON LOW-INCOME CUSTOMERS OF AN
24 ELECTRIC CORPORATION; AND
25 (C) THE ABILITY OF A SHARED RENEWABLE ENERGY FACILITY TO PRODUCE RELI-
26 ABLE ELECTRICITY DURING TIMES OF PEAK ELECTRIC DEMAND AS DETERMINED BY
27 THE COMMISSION.
28 8. INTERCONNECTION OF SHARED RENEWABLE ENERGY FACILITIES AND CONDI-
29 TIONS OF SERVICE. THE COMMISSION SHALL DEVELOP A MODEL CONTRACT TO
30 GOVERN THE PROVISIONS OF INTERCONNECTION BETWEEN A SUBSCRIBER COMPANY
31 AND AN ELECTRIC CORPORATION. UPON THE COMPLETION OF THE ORDER REQUIRED
32 PURSUANT TO SUBDIVISION TWO OF THIS SECTION AN ELECTRIC CORPORATION
33 SHALL PROVIDE FOR THE INTERCONNECTION OF SHARED RENEWABLE ENERGY FACILI-
34 TIES PROVIDED THAT THE SUBSCRIBER COMPANY ENTERS INTO A CONTRACT WITH
35 THE ELECTRIC CORPORATION, AND COMPLIES WITH THE ELECTRIC CORPORATION'S
36 SCHEDULE AND WITH STANDARDS AND REQUIREMENTS OF THIS SECTION. NO ELEC-
37 TRIC CORPORATION SHALL PERMIT THE INTERCONNECTION OF A SHARED RENEWABLE
38 ENERGY FACILITY NOR ACCEPT A SUBSCRIPTION ROSTER FROM A SUBSCRIBER
39 COMPANY FOR A SHARED RENEWABLE ENERGY FACILITY UNLESS SUCH FACILITY (A)
40 HAS AT LEAST TEN SUBSCRIBERS; AND (B) IS LOCATED IN A SHARED RENEWABLE
41 ENERGY FACILITY COMPATIBILITY AND ACCOMMODATION ZONE AS REFLECTED ON A
42 MAP PURSUANT TO SUBDIVISION FOUR OF THIS SECTION. EACH ELECTRIC CORPO-
43 RATION SHALL INTERCONNECT SHARED RENEWABLE ENERGY FACILITIES LOCATED
44 WITHIN THE BOUNDARIES OF THE SHARED RENEWABLE ENERGY FACILITY COMPAT-
45 IBILITY AND ACCOMMODATION ZONE MAP PURSUANT TO SUBDIVISION FOUR OF THIS
46 SECTION ON A FIRST COME, FIRST SERVED BASIS, UNTIL THE TOTAL RATED
47 GENERATING CAPACITY ATTRIBUTABLE TO SUCH FACILITIES IS EQUIVALENT TO ONE
48 HALF OF ONE PERCENT OF THE ELECTRIC CORPORATION'S ELECTRIC DEMAND FOR
49 THE YEAR TWO THOUSAND FIVE, AS DETERMINED BY THE COMMISSION, PROVIDED
50 THAT THE COMMISSION SHALL HAVE THE AUTHORITY, AFTER JANUARY FIRST, TWO
51 THOUSAND TWENTY-FIVE, TO INCREASE THE PERCENT LIMIT IF IT DETERMINES
52 THAT ADDITIONAL INTERCONNECTION OF SHARED RENEWABLE ENERGY FACILITIES IS
53 IN THE PUBLIC INTEREST, PROVIDED FURTHER THAT NO GREATER THAN TWENTY
54 PERCENT OF THE COMBINED NAMEPLATE CAPACITY OF SHARED RENEWABLE ENERGY
55 FACILITIES AUTHORIZED PURSUANT TO THIS SECTION SHALL BE LOCATED IN A
56 POTENTIAL ENVIRONMENTAL JUSTICE AREA AS DETERMINED BY THE DEPARTMENT OF
A. 107 6
1 ENVIRONMENTAL CONSERVATION, AS SUCH AREAS WERE DEPICTED ON MAY FIFTH,
2 TWO THOUSAND FOURTEEN. IN THE EVENT THAT THE ELECTRIC CORPORATION DETER-
3 MINES THAT IT IS NECESSARY TO INSTALL A DEDICATED TRANSFORMER OR TRANS-
4 FORMERS, OR OTHER EQUIPMENT TO PROTECT THE SAFETY AND ADEQUACY OF ELEC-
5 TRIC SERVICE PROVIDED TO CUSTOMERS, THE SUBSCRIBER COMPANY SHALL PAY THE
6 ELECTRIC CORPORATION'S ACTUAL COSTS OF INSTALLING THE TRANSFORMER OR
7 TRANSFORMERS, OR OTHER EQUIPMENT.
8 9. (A) FOR A SHARED RENEWABLE ENERGY FACILITY, THE TOTAL AMOUNT OF
9 ELECTRICAL OUTPUT AVAILABLE FOR ALLOCATION TO SUBSCRIBERS SHALL BE
10 DETERMINED BY A PRODUCTION METER INSTALLED AT THE SHARED RENEWABLE ENER-
11 GY FACILITY AND PAID FOR BY THE SUBSCRIBER COMPANY OWNING SUCH SHARED
12 RENEWABLE ENERGY FACILITY. IT SHALL BE THE RESPONSIBILITY OF THE ELEC-
13 TRIC CORPORATION TO READ THE PRODUCTION METER AND APPLY BILL CREDITS TO
14 SUBSCRIBERS OF SUCH FACILITIES AS DIRECTED UNDER A SUBSCRIPTION ROSTER,
15 PROVIDED THAT AN ELECTRIC CORPORATION MAY ASSESS A CHARGE TO A SUBSCRIB-
16 ER COMPANY TO RECOVER REASONABLE EXPENSES RELATED TO THE READING OF A
17 PRODUCTION METER.
18 (B) A SUBSCRIBER COMPANY SHALL BE RESPONSIBLE FOR PROVIDING TO THE
19 ELECTRIC CORPORATION, AT THE BEGINNING OF EACH BILLING CYCLE, OR OTHER
20 PERIOD AS DETERMINED BY THE COMMISSION, A SUBSCRIPTION ROSTER IDENTIFY-
21 ING THE PRO-RATA SHARE OF ELECTRICAL OUTPUT ALLOCATED TO EACH SUBSCRIB-
22 ER. A SUBSCRIBER COMPANY MAY ADD ADDITIONAL SUBSCRIBER AGREEMENTS TO A
23 SUBSCRIPTION ROSTER FOR THE PRECEDING BILLING CYCLE, OR OTHER PERIOD AS
24 DETERMINED BY THE COMMISSION.
25 (C) AT THE END OF EACH MONTH, THE ELECTRIC CORPORATION SHALL APPLY A
26 CREDIT TO THE NEXT BILL FOR SERVICE TO EACH SUBSCRIBER BASED ON EACH
27 SUBSCRIBER'S PRO-RATA SHARE OF THE ACTUAL ELECTRICAL OUTPUT OF SUCH
28 FACILITY AT THE SAME RATE PER KILOWATT HOUR APPLICABLE TO SERVICE
29 PROVIDED TO OTHER CUSTOMERS IN THE SAME SERVICE CLASS WHICH DO NOT
30 SUBSCRIBE TO A SHARED RENEWABLE ENERGY FACILITY.
31 (D) IN THE EVENT THAT THE ELECTRICAL OUTPUT PRODUCED BY A SHARED
32 RENEWABLE ENERGY FACILITY AND ALLOCATED TO A SUBSCRIBER DURING A BILLING
33 PERIOD EXCEEDS THE AMOUNT OF ELECTRICITY USED BY A SUBSCRIBER, THE ELEC-
34 TRIC CORPORATION SHALL APPLY A CREDIT FOR SUCH EXCESS OUTPUT TO THE NEXT
35 BILL FOR SERVICE TO THE SUBSCRIBER FOR THE NET ELECTRICITY PROVIDED AT
36 THE SAME RATE PER KILOWATT HOUR APPLICABLE TO SERVICE PROVIDED TO OTHER
37 CUSTOMERS IN THE SAME SERVICE CLASS WHICH DO NOT SUBSCRIBE TO A SHARED
38 RENEWABLE ENERGY FACILITY.
39 (E) IN THE EVENT THAT THE ELECTRIC CORPORATION IMPOSES CHARGES BASED
40 ON KILOWATT DEMAND ON CUSTOMERS WHO ARE IN THE SAME SERVICE CLASS AS A
41 SUBSCRIBER WHO IS ENTITLED TO THE OUTPUT OF A SHARED RENEWABLE ENERGY
42 FACILITY PURSUANT TO A SUBSCRIPTION IN A SHARED RENEWABLE ENERGY FACILI-
43 TY BUT ARE NOT SUBSCRIBERS, THE ELECTRIC CORPORATION MAY IMPOSE THE SAME
44 CHARGES AT THE SAME RATES TO THE SUBSCRIBER, PROVIDED HOWEVER, THAT THE
45 KILOWATT DEMAND FOR SUCH DEMAND CHARGES IS DETERMINED BY THE MAXIMUM
46 MEASURED KILOWATT DEMAND ACTUALLY SUPPLIED BY THE ELECTRIC CORPORATION
47 TO THE SUBSCRIBER DURING THE BILLING PERIOD.
48 10. (A) ON OR BEFORE THREE MONTHS AFTER THE EFFECTIVE DATE OF THIS
49 SECTION, THE COMMISSION SHALL ESTABLISH STANDARDS FOR THE SAFE AND
50 ADEQUATE INTERCONNECTION OF SHARED RENEWABLE ENERGY FACILITIES. SUCH
51 STANDARDS MAY INCLUDE, BUT SHALL NOT BE LIMITED TO:
52 (I) EQUIPMENT NECESSARY TO ISOLATE AUTOMATICALLY THE FACILITY FROM THE
53 ELECTRIC TRANSMISSION AND DISTRIBUTION SYSTEM FOR VOLTAGE IN THE CASE OF
54 VOLTAGE AND FREQUENCY DEVIATIONS, POWER OUTAGES AND OTHER EVENTS THE
55 COMMISSION DEEMS NECESSARY; AND
A. 107 7
1 (II) A MANUAL LOCKABLE DISCONNECT SWITCH PAID FOR AND INSTALLED BY THE
2 SUBSCRIBER COMPANY FOR THE PURPOSE OF ISOLATING THE FACILITY AND LOCATED
3 IN AN EASILY ACCESSIBLE AREA ON THE PREMISES OF SUCH SHARED RENEWABLE
4 ENERGY FACILITY AND EXTERNALLY ACCESSIBLE FOR THE PURPOSE OF ISOLATING
5 THE SHARED RENEWABLE ENERGY FACILITY.
6 (B) IN THE EVENT THAT THE TOTAL RATED GENERATING CAPACITY OF A SHARED
7 RENEWABLE ENERGY FACILITY THAT PROVIDES ELECTRICITY TO THE ELECTRIC
8 CORPORATION THROUGH THE SAME LOCAL FEEDER LINE EXCEEDS TWENTY PERCENT OF
9 THE RATED CAPACITY OF THE LOCAL FEEDER LINE, THE ELECTRIC CORPORATION
10 MAY REQUIRE THE SUBSCRIBER COMPANY OWNING SUCH SHARED RENEWABLE ENERGY
11 FACILITY TO COMPLY WITH REASONABLE MEASURES TO ENSURE THE SAFETY OF THE
12 LOCAL FEEDER LINE.
13 (C) UPON ITS OWN MOTION OR UPON A COMPLAINT, THE COMMISSION, OR ITS
14 DESIGNATED REPRESENTATIVE, MAY INVESTIGATE AND MAKE A DETERMINATION AS
15 TO THE REASONABLENESS AND NECESSITY OF THE STANDARDS OR RESPONSIBILITY
16 FOR COMPLIANCE WITH THE STANDARDS.
17 S 5. Subdivision (h) of section 1020-g of the public authorities law,
18 as amended by chapter 546 of the laws of 2011, is amended to read as
19 follows:
20 (h) To implement programs and policies designed to provide for the
21 interconnection of: (i) (A) solar electric generating equipment owned or
22 operated by residential customers, (B) farm waste electric generating
23 equipment owned or operated by customer-generators, (C) solar electric
24 generating equipment owned or operated by non-residential customers, (D)
25 micro-combined heat and power generating equipment owned, leased or
26 operated by residential customers, (E) fuel cell electric generating
27 equipment owned, leased or operated by residential customers, and (F)
28 micro-hydroelectric generating equipment owned, leased or operated by
29 customer-generators and for net energy metering consistent with section
30 sixty-six-j of the public service law, to increase the efficiency of
31 energy end use, to shift demand from periods of high demand to periods
32 of low demand and to facilitate the development of cogeneration; [and]
33 (ii) wind electric generating equipment owned or operated by customer-
34 generators and for net energy metering consistent with section sixty-
35 six-l of the public service law; AND (III) TO IMPLEMENT PROGRAMS AND
36 POLICIES DESIGNED TO PROVIDE FOR THE INTERCONNECTION OF SHARED RENEWABLE
37 ENERGY FACILITIES OWNED AND OPERATED BY SUBSCRIBER COMPANIES FOR THE
38 BENEFIT OF RESIDENTIAL AND NON-RESIDENTIAL CUSTOMERS CONSISTENT WITH
39 SECTION SIXTY-SIX-O OF THE PUBLIC SERVICE LAW.
40 S 6. This act shall take effect immediately.