What's happening
This bill expands the definition of eligible net energy metering customers to include those who lease, are entitled to output from, or are otherwise served by renewable energy equipment.
Why it matters
Broadens Participation in Renewable Energy. By allowing customers who lease, are entitled to the output from, or are otherwise served by renewable energy systems (not just owners/operators), the bill enables renters, community solar participants, and third-party service users to benefit from net energy metering—making renewable energy more accessible.
Supports Community and Shared Renewables. The new language accommodates community solar and similar models where multiple customers may be entitled to a share of a renewable system’s output, not just individual property owners, fostering broader adoption and investment in clean energy.
Potentially Increases Grid Equity and Flexibility. Expanding eligibility means a more diverse group of customers (including businesses, farms, and multi-tenant buildings) can offset their energy costs and contribute to grid resilience, advancing state clean energy and climate goals.
May Impact Utility Revenue and Infrastructure Planning. With more types of customers participating in net metering, utilities may see shifts in revenue streams and need to adjust infrastructure or billing practices, prompting ongoing regulatory and technical considerations.
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Who cares
Headline styles
Expand Net Metering Eligibility
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to energy and telecommunications
- Referred to energy and telecommunications
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3398
2017-2018 Regular Sessions
IN SENATE
January 23, 2017
Introduced by Sens. PARKER, DILAN -- 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, in relation to net energy metering
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (a) of subdivision 1 of section 66-j of the public service law, as amended by chapter 546 of the laws of 2011, subparagraphs (iv) and (v) as separately amended and subparagraph (vi) as added by chapter 530 of the laws of 2011, subparagraphs (vii) and (viii) as amended and (ix) as added by chapter 494 of the laws of 2014, is amended to read as follows:
(a) "Customer-generator" means: (i) a residential customer of an electric corporation, who owns [or], leases, operates, or is entitled to the output from or is otherwise served by solar electric generating equipment located and used at his or her residence; (ii) a customer of an electric corporation, who owns [or], leases, operates, or is entitled to the output from or is otherwise served by farm waste electric generating equipment located and used at his or her "farm operation," as such term is defined in subdivision eleven of section three hundred one of the agriculture and markets law; (iii) a non-residential customer of an electric corporation which owns [or], leases, operates, or is entitled to the output from or is otherwise served by solar electric generating equipment located and used at [its] premises it owns or leases; (iv) a residential customer of an electric corporation who owns, leases [or], operates or is entitled to the output from or is otherwise served by micro-combined heat and power generating equipment located on the customer's premises; (v) a residential customer of an electric corporation who owns, leases [or], operates or is entitled to the output from or is otherwise served by fuel cell generating equipment located on the customer's premises; and (vi) a non-residential customer of an electric corporation who owns, leases [or], operates or is entitled to the output from or is otherwise served by fuel cell generating equipment located
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07501-01-7
S. 3398 2
and used at [the customer's] premises it owns or leases; (vii) a residential customer of an electric corporation, who owns [or], leases, operates or is otherwise entitled to the output from or is otherwise served by micro-hydroelectric generating equipment located and used at his or her residence; (viii) a non-residential customer of an electric corporation which owns [or], leases, operates or is otherwise entitled to the output from or is otherwise served by micro-hydroelectric generating equipment located and used at [its] premises it owns or leases; and (ix) a non-residential customer of an electric corporation which owns or operates farm waste electric generating equipment located and used at its premises.
§ 2. Paragraph (c) of subdivision 3 of section 66-j of the public service law, as amended by chapter 546 of the laws of 2011, subparagraph (iii) as amended by chapter 494 of the laws of 2014, is amended to read as follows:
(c) In the event that the electric corporation determines that it is necessary to install a dedicated transformer or transformers, or other equipment to protect the safety and adequacy of electric service provided to 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 who owns [or], leases, operates or is entitled to the output from or is otherwise served by solar electric generating equipment, micro-combined heat and power generating equipment, fuel cell electric generating equipment or micro-hydroelectric generating equipment located and used at his or her residence, or a non-residential customer-generator who owns [or],leases, operates or is entitled to the output from or is otherwise served by solar electric generating equipment with a rated capacity of not more than twenty-five kilowatts, up to a maximum amount of three hundred fifty dollars;
(ii) In the case of a customer-generator who owns [or], operates farm waste electric generating equipment located and used at his or her "farm operation," up to a total amount of five thousand dollars per "farm operation"; and
(iii) In the case of a non-residential customer-generator who owns [or], leases, operates or is entitled to the output from or is otherwise served by solar electric generating equipment or fuel cell electric generating equipment or micro-hydroelectric generating equipment or farm waste generating equipment as described in subparagraph (ix) of paragraph (a) of subdivision one of this section, with a rated capacity of more than twenty-five kilowatts located and used at its premises, such cost shall be as determined by the electric corporation subject to review, upon the request of such customer-generator, by the department.
§ 3. Paragraphs (e), (f) and (g) of subdivision 3 of section 66-j of the public service law, paragraph (e) as amended by chapter 546 of the laws of 2011, paragraph (f) as added by chapter 318 of the laws of 2012, and paragraph (g) as added by chapter 200 of the laws of 2013, are amended to read as follows:
(e) A customer who owns or operates a farm operation as such term is defined in subdivision eleven of section three hundred one of the agriculture and markets law, or a non-residential customer-generator as defined by subparagraph (iii) of paragraph (a) of subdivision one of this section that [locates] owns, leases, operates or is entitled to the output from or is otherwise served by solar electric generating equipment or farm waste electric generating equipment with a net energy meter on property owned or leased by such customer-generator may designate all
S. 3398 3
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.
(f) A customer who owns or operates a farm operation as such term is defined in subdivision eleven of section three hundred one of the agriculture and markets law, or a non-residential customer-generator as defined by subparagraph (viii) of paragraph (a) of subdivision one of this section that [locates] owns, leases, operates or is entitled to the output from or is otherwise served by micro-hydroelectric 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.
(g) A customer who owns or operates a farm operation as such term is defined in subdivision eleven of section three hundred one of the agriculture and markets law, or a non-residential customer-generator as defined by subparagraph (viii) of paragraph (a) of subdivision one of this section that [locates] owns, leases, operates or is entitled to the output from or is otherwise served by fuel cell 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. Paragraph (a) of subdivision 1 of section 66-l of the public service law, as amended by chapter 483 of the laws of 2008, is amended to read as follows:
(a) "Customer-generator" means a residential customer, farm service customer or non-residential customer of an electric corporation, who owns [or], leases, operates, or is entitled to the output from or is otherwise served by wind electric generating equipment.
§ 5. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public service law, in relation to net energy metering
Purpose
To clarify existing law to make it clear that a customer who leases a renewable energy system or has participates in a power purchase agreement is entitled to the full benefits of the net metering law.
Summary of provisions
Section 1. Amends section 66-J of the public service law to change the definition of "customer generator" to cover leases and power purchase agreements.
Section 2. makes the same conforming changes to another part of Section 66-J
Section 3. makes the same conforming changes to another part of Section 66-J
Section 4. makes an identical amendment to section 66-1 of the public service law
Justification
Net energy metering has been ongoing in New York State since 1997. Since the initial law was passed the legislature has acted on multiple occasions to expand access and ensure that the intent of the statute was properly carried out by the Utility Companies and the Public Service Commission. In 2011, the legislature passed a remote net metering law to allow the same customer generator to apply excess credits to multiple meters rather than just the meter where the system was interconnected. That law specifically mentioned and meant to include leased systems in addition to those systems which a customer generator owned or operated. None-the-less, the Commission and Utility Companies have been considering how or if to allow leased systems to participate in net metering. This bill clarifies that leased systems and those who benefit from the output associated with a power purchase agreement can participate fully in net metering.
Fiscal implications
None
History
2015-16: S.4500 - Referred to Energy and Telecommunications 2013-14: S.6957 - Passed Senate
Effective date
This bill shall take effect immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.