STATE OF NEW YORK ________________________________________________________________________ 592 2017-2018 Regular Sessions IN ASSEMBLY January 9, 2017 ___________ Introduced by M. of A. PAULIN, BRINDISI, ENGLEBRIGHT, HEVESI, ABINANTI, BARRETT, CROUCH, GALEF, JAFFEE, LUPARDO, OTIS, QUART, ROSENTHAL, SCHIMMINGER, SKARTADOS, WEPRIN, KAVANAGH, WALKER -- Multi-Sponsored by -- M. of A. COLTON, GLICK, GOTTFRIED, LOPEZ, MAGEE, PERRY -- read once and referred to the Committee on Energy AN ACT to amend the public service law, in relation to the rates paid for micro-combined heat and power or fuel cell customer-generators The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (b) of subdivision 4 of section 66-j of the 2 public service law, as amended by chapter 494 of the laws of 2014, is 3 amended to read as follows: 4 (b) In the event that the amount of electricity produced by a custom- 5 er-generator during the billing period exceeds the amount of electricity 6 used by the customer-generator, the corporation shall apply a credit to 7 the next bill for service to the customer-generator for the net elec- 8 tricity provided at the same rate per kilowatt hour applicable to 9 service provided to other customers in the same service class which do 10 not generate electricity onsite, except for [micro-combined heat and 11 power or fuel cell customer-generators or] farm waste generating equip- 12 ment customer-generators as described in subparagraph (ix) of paragraph 13 (a) of subdivision one of this section, who will be credited at the 14 corporation's avoided costs. The avoided cost credit provided to 15 [micro-combined heat and power or fuel cell customer-generators or] farm 16 waste generating equipment customer-generators as described in subpara- 17 graph (ix) of paragraph (a) of subdivision one of this section shall be 18 treated for ratemaking purposes as a purchase of electricity in the 19 market that is includable in commodity costs. 20 § 2. This act shall take effect on the one hundred twentieth day after 21 it shall have become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01081-01-7