S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        107--A
                              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 -- commit-
         tee  discharged, bill amended, ordered reprinted as amended and recom-
         mitted to said committee
       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.  Subdivision 1 of section 5 of the public service law is amended
   12  by adding a new paragraph i to read as follows:
   13    I. TO THE DETERMINATION OF COMPATIBILITY, INTERCONNECTION  AND  OPERA-
   14  TION  OF  SHARED  RENEWABLE ENERGY FACILITIES AS SUCH TERM IS DEFINED IN
   15  PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION SIXTY-SIX-O OF THIS CHAPTER.
   16    S 3. The public service law is amended by adding a new section 66-o to
   17  read as follows:
   18    S 66-O. SHARED  RENEWABLE  ENERGY  FACILITIES.  1.  AS  USED  IN  THIS
   19  SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00892-07-5
       A. 107--A                           2
    1    (A) "SUBSCRIBER" MEANS A RESIDENTIAL OR NON-RESIDENTIAL CUSTOMER OF AN
    2  ELECTRIC CORPORATION WHO HAS: (I) ENTERED INTO A POWER SUBSCRIBER AGREE-
    3  MENT  WITH  A SUBSCRIBER COMPANY; AND (II) IDENTIFIED ONE OR MORE METERS
    4  TO WHICH THE PRO-RATA SHARE OF THE ELECTRICAL OUTPUT OF A FACILITY SHALL
    5  BE  ATTRIBUTED  PURSUANT  TO HIS OR HER POWER SUBSCRIBER AGREEMENT. SUCH
    6  METERS SHALL BE WITHIN THE SAME COUNTY OR ADJACENT TO THE COUNTY OF  THE
    7  SHARED RENEWABLE FACILITY TO WHICH A SUBSCRIBER HAS ENTERED INTO A POWER
    8  SUBSCRIBER  AGREEMENT  WITHIN THE SAME SERVICE TERRITORY OF THE ELECTRIC
    9  CORPORATION OF WHICH HE OR SHE IS A CUSTOMER,  AND  LOCATED  WITHIN  THE
   10  SAME  LOAD ZONE AS DETERMINED BY THE LOCATION BASED MARGINAL PRICE AS OF
   11  THE DATE OF THE INITIAL REQUEST BY A SUBSCRIBER COMPANY TO  INTERCONNECT
   12  A  SHARED  FACILITY;  PROVIDED  THAT  IN  A  CITY OF ONE MILLION OR MORE
   13  PERSONS, A SUBSCRIBER MAY ENTER INTO A POWER SUBSCRIBER AGREEMENT WITH A
   14  SUBSCRIBER COMPANY LOCATED IN ANY COUNTY WITHIN  SUCH  CITY  WITHIN  THE
   15  SAME SERVICE TERRITORY OF THE ELECTRIC CORPORATION OF WHICH HE OR SHE IS
   16  A  CUSTOMER,  OR  THAT SUCH SUBSCRIBER MAY ENTER INTO A POWER SUBSCRIBER
   17  AGREEMENT WITH A SUBSCRIBER COMPANY IN A  COUNTY  IMMEDIATELY  NORTH  OF
   18  SUCH  CITY WITHIN THE SAME SERVICE TERRITORY OF THE ELECTRIC CORPORATION
   19  OF WHICH HE OR SHE IS A CUSTOMER.
   20    (B) "POWER SUBSCRIBER AGREEMENT" OR "SUBSCRIBER  AGREEMENT"  MEANS  AN
   21  AGREEMENT BETWEEN A SUBSCRIBER AND A SUBSCRIBER COMPANY THAT MEETS STAN-
   22  DARDS PURSUANT TO PARAGRAPH (A) OF SUBDIVISION SIX OF THIS SECTION. SUCH
   23  AGREEMENT  SHALL: (I) INCLUDE THE NAME, ADDRESS AND ELECTRIC CORPORATION
   24  ACCOUNT NUMBER TO WHICH THE SUBSCRIPTION SHALL BE ATTRIBUTED; (II) ENTI-
   25  TLE A SUBSCRIBER TO A PRO-RATA SHARE OF THE ACTUAL ELECTRICAL OUTPUT  OF
   26  A  SHARED  RENEWABLE ENERGY FACILITY; AND (III) PROVIDE THAT A SUBSCRIB-
   27  ER'S PRO-RATA SHARE WILL BE REFLECTED  AS  A  BILL  CREDIT  AGAINST  THE
   28  SUBSCRIBER'S  MONTHLY  ELECTRIC  USAGE AS METERED BY HIS OR HER ELECTRIC
   29  CORPORATION AND BILLED BY SUCH ELECTRIC CORPORATION ON  A  PER  KILOWATT
   30  HOUR BASIS.
   31    (C) "SHARED RENEWABLE ENERGY FACILITY" MEANS SOLAR ELECTRIC GENERATING
   32  EQUIPMENT AND WIND ELECTRIC GENERATING EQUIPMENT. SUCH FACILITIES SHALL:
   33  (I)  NOT  EXCEED  A  NAMEPLATE  CAPACITY  OF GREATER THAN TWO MEGAWATTS,
   34  PROVIDED THAT FACILITIES LOCATED IN A  POTENTIAL  ENVIRONMENTAL  JUSTICE
   35  AREA,  AS  DETERMINED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AS
   36  SUCH AREAS WERE DEPICTED ON MAY FIFTH, TWO THOUSAND FOURTEEN, SHALL  NOT
   37  EXCEED  A  NAMEPLATE  CAPACITY  OF  GREATER  THAN  ONE MEGAWATT; (II) BE
   38  LOCATED, CONSTRUCTED AND OPERATED, IN  ACCORDANCE  WITH  ANY  APPLICABLE
   39  LOCAL LAW, ORDINANCE OR REGULATION; (III) BE LOCATED IN A SHARED RENEWA-
   40  BLE ENERGY FACILITY COMPATIBILITY AND ACCOMMODATION ZONE AS PROVIDED FOR
   41  IN SUBDIVISION FOUR OF THIS SECTION; (IV) BE MANUFACTURED, INSTALLED AND
   42  OPERATED  IN  ACCORDANCE  WITH APPLICABLE GOVERNMENT AND INDUSTRY STAND-
   43  ARDS, CONNECTED TO THE ELECTRIC SYSTEM AND OPERATED IN CONJUNCTION  WITH
   44  AN  ELECTRIC CORPORATION'S TRANSMISSION AND DISTRIBUTION FACILITIES; (V)
   45  SHALL HAVE NO LESS THAN TEN SUBSCRIBERS; AND  (VI)  IN  THE  CASE  OF  A
   46  SHARED RENEWABLE ENERGY FACILITY LOCATED WITHIN A CITY OF ONE MILLION OR
   47  MORE PERSONS, SUCH FACILITY SHALL NOT BE LOCATED ON PUBLIC PROPERTY.
   48    (D)  "SUBSCRIPTION  ROSTER"  MEANS THE COMPILATION OF INFORMATION FROM
   49  POWER SUBSCRIBER AGREEMENTS FOR A  PARTICULAR  SHARED  RENEWABLE  ENERGY
   50  FACILITY WHICH IS COLLECTED BY THE SUBSCRIBER COMPANY OWNING SUCH FACIL-
   51  ITY  FOR THE PURPOSES OF DIRECTING AN ELECTRIC CORPORATION TO APPLY BILL
   52  CREDITS AGAINST SUBSCRIBERS'  MONTHLY  ELECTRIC  USAGE  AS  METERED  AND
   53  RECOVERED BY SUCH ELECTRIC CORPORATION THROUGH A MONTHLY BILL.
   54    (E) "SUBSCRIBER COMPANY" MEANS A GENERAL PARTNERSHIP, LIMITED PARTNER-
   55  SHIP,  LIMITED LIABILITY COMPANY, COOPERATIVE, S-CORPORATION, C-CORPORA-
       A. 107--A                           3
    1  TION OR NOT-FOR-PROFIT CORPORATION WHOSE PURPOSE IS TO OWN AND OPERATE A
    2  SHARED RENEWABLE ENERGY FACILITY.
    3    (F)   "SUBSCRIPTION"  MEANS  THE  RIGHTS  AND  RESPONSIBILITIES  OF  A
    4  SUBSCRIBER TO A PRO-RATA PORTION OF THE ACTUAL ELECTRICAL  OUTPUT  OF  A
    5  SHARED  RENEWABLE  ENERGY  FACILITY, AS SET FORTH IN A SUBSCRIBER AGREE-
    6  MENT.  A SUBSCRIPTION SHALL: (I) AT A MINIMUM, REPRESENT  AT  LEAST  ONE
    7  KILOWATT  OF  A  SHARED RENEWABLE ENERGY FACILITY'S GENERATING CAPACITY;
    8  AND (II) NOT EXCEED ONE HUNDRED PERCENT  OF  A  SUBSCRIBER'S  ELECTRICAL
    9  CONSUMPTION  AS  MEASURED IN KILOWATT HOURS FROM THE TWELVE-MONTH PERIOD
   10  IMMEDIATELY PRECEDING THE ESTABLISHMENT OF A SUBSCRIBER AGREEMENT.
   11    (G) "BILL CREDIT" MEANS A CREDIT MEASURED ON A PER KILOWATT HOUR BASIS
   12  AND APPLIED AGAINST A SUBSCRIBER'S NEXT MONTHLY BILL FOR SERVICE  ISSUED
   13  BY  HIS OR HER ELECTRIC CORPORATION BASED UPON THE PRO-RATA SHARE OF THE
   14  ELECTRICAL OUTPUT OF THE SHARED RENEWABLE ENERGY FACILITY TO  WHICH  THE
   15  CUSTOMER IS ENTITLED PURSUANT TO A SUBSCRIBER AGREEMENT.
   16    2.  NO LATER THAN SIXTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION,
   17  THE COMMISSION SHALL COMMENCE A PROCEEDING TO: (A) DEVELOP  A  STATEWIDE
   18  SHARED  RENEWABLE  ENERGY  FACILITY COMPATIBILITY AND ACCOMMODATION ZONE
   19  MAP; (B) ESTABLISH CRITERIA FOR THE COMPATIBLE INTERCONNECTION OF SHARED
   20  RENEWABLE ENERGY FACILITIES AND SUBSCRIBER PROTECTIONS; AND (C)  DEVELOP
   21  SUBSCRIBER PROTECTION STANDARDS.
   22    3.  IN  DEVELOPING  THE  ORDER  PURSUANT  TO  SUBDIVISION  TWO OF THIS
   23  SECTION, THE COMMISSION SHALL CONSULT WITH THE STATE DEPARTMENT OF ENVI-
   24  RONMENTAL CONSERVATION AND THE BULK SYSTEM  OPERATOR  SERVING  NEW  YORK
   25  STATE.  THE  COMMISSION  SHALL  ALSO  SOLICIT  PARTICIPATION  AND PUBLIC
   26  COMMENT FROM STAKEHOLDER ORGANIZATIONS INCLUDING, BUT NOT LIMITED TO:
   27    (A) ORGANIZATIONS ADVOCATING FOR ENVIRONMENTAL CONCERNS;
   28    (B) ORGANIZATIONS REPRESENTING RENEWABLE ENERGY INDUSTRIES;
   29    (C) ELECTRIC CORPORATIONS;
   30    (D) THE LONG ISLAND POWER AUTHORITY; AND
   31    (E) ORGANIZATIONS REPRESENTING LOW INCOME RESIDENTS.
   32    4. THE COMMISSION MAP PURSUANT TO  SUBDIVISION  TWO  OF  THIS  SECTION
   33  SHALL  BE  DEVELOPED  ON  A COUNTY-BY-COUNTY BASIS. THE COMMISSION SHALL
   34  DETERMINE WHICH COUNTIES, IF  ANY,  WOULD  BENEFIT  FROM  THE  INTERCON-
   35  NECTION,  OPERATION  AND  ELECTRICAL  OUTPUT  OF SHARED RENEWABLE ENERGY
   36  FACILITIES, TAKING INTO CONSIDERATION FACTORS AFFECTING  THE  PRICE  AND
   37  DELIVERABILITY  OF  ELECTRICITY  IN  EACH  COUNTY.  THE COMMISSION SHALL
   38  PUBLISH SUCH MAP AND ACCOMMODATE THE INTERCONNECTION OF SHARED RENEWABLE
   39  ENERGY FACILITIES WHICH MEET THE REQUIREMENTS OF THIS  SECTION  AND  ANY
   40  RULES AND REGULATIONS OF THE COMMISSION PERTAINING THERETO NO LATER THAN
   41  JULY  THIRTY-FIRST,  TWO  THOUSAND SIXTEEN. SUCH MAP SHALL BE UPDATED NO
   42  LATER THAN JULY THIRTY-FIRST OF EACH SUCCEEDING YEAR. IN DEVELOPING  THE
   43  MAP  PURSUANT  TO  THIS  SUBDIVISION, THE COMMISSION SHALL CONSIDER ON A
   44  COUNTY-BY-COUNTY BASIS:
   45    (A) THE POTENTIAL NEED FOR ADDITIONAL ELECTRIC GENERATION AND/OR TRAN-
   46  SMISSION WITHIN THE PRECEDING TEN-YEAR PERIOD;
   47    (B) ELECTRIC CONGESTION ON THE HIGH VOLTAGE TRANSMISSION NETWORK WHICH
   48  HAS CREATED OR IS PROJECTED TO CREATE WITHIN TEN YEARS, A  SYSTEM  RELI-
   49  ABILITY PROBLEM, OR, AS DETERMINED BY THE COMMISSION, HAS CONTRIBUTED TO
   50  A SIGNIFICANT INCREASE IN THE WHOLESALE COST OF ELECTRICITY;
   51    (C)  THE  POTENTIAL FOR REDUCTION IN OVERALL EMISSIONS OF CARBON DIOX-
   52  IDE, SULFUR DIOXIDE, NITROGEN OXIDE AND PARTICULATE MATTER 2.5 (PM  2.5)
   53  THAT  WOULD  BE ATTRIBUTABLE TO THE OPERATION OF SHARED RENEWABLE ENERGY
   54  FACILITIES; AND
       A. 107--A                           4
    1    (D) THE EXTENT TO WHICH THE INTERCONNECTION OF SHARED RENEWABLE FACIL-
    2  ITIES WOULD NECESSITATE THE CONSTRUCTION OR REPLACEMENT OF  TRANSMISSION
    3  AND DISTRIBUTION INFRASTRUCTURE.
    4    5. THE ORDER ESTABLISHED BY THE COMMISSION PURSUANT TO SUBDIVISION TWO
    5  OF  THIS  SECTION  SHALL  INCLUDE  STANDARDS FOR THE INTERCONNECTION AND
    6  OPERATION OF SHARED  RENEWABLE  ENERGY  FACILITIES,  INCLUDING  BUT  NOT
    7  LIMITED TO REQUIREMENTS THAT:
    8    (A)  SHARED  RENEWABLE  ENERGY  FACILITIES SHALL BE DESIGNED TO ENSURE
    9  SAFE AND ADEQUATE OPERATION AND THAT ANY COSTS ASSOCIATED WITH EQUIPMENT
   10  AND TECHNOLOGY THE COMMISSION DEEMS NECESSARY FOR SUCH PURPOSE SHALL  BE
   11  THE RESPONSIBILITY OF A SUBSCRIBER COMPANY;
   12    (B)  SHARED  RENEWABLE  FACILITIES ARE DESIGNED TO OPERATE IN THE SAME
   13  SERVICE TERRITORY OF THE ELECTRIC CORPORATION  AND  COUNTY  OR  ADJACENT
   14  COUNTY  AS  AUTHORIZED  BY  THE  COMMISSION TO WHICH ITS SUBSCRIBERS ARE
   15  METERED FOR  ELECTRICAL  USAGE,  PROVIDED  THAT  FOR  SHARED  FACILITIES
   16  LOCATED  IN  A  CITY  OF  ONE  MILLION OR MORE, SUCH FACILITIES MAY HAVE
   17  SUBSCRIBERS WHO ARE LOCATED IN ANY COUNTY WITHIN SUCH CITY, OR A  COUNTY
   18  IMMEDIATELY  NORTH  OF  SUCH CITY PROVIDED SUCH FACILITIES AND CUSTOMERS
   19  ARE LOCATED WITHIN THE SAME SERVICE TERRITORY  OF  THE  ELECTRIC  CORPO-
   20  RATION;
   21    (C)  A  SHARED  RENEWABLE ENERGY FACILITY'S ELECTRICAL OUTPUT WILL NOT
   22  RESULT IN ELECTRICAL CONGESTION OR CONTRIBUTE SIGNIFICANTLY TO  ELECTRIC
   23  CONGESTION WITHIN THE SERVICE TERRITORY OF AN ELECTRIC CORPORATION;
   24    (D)  A  SUBSCRIBER  COMPANY MAY SELL AT COST UNSUBSCRIBED ENERGY TO AN
   25  ELECTRIC CORPORATION, PUBLIC POWER AUTHORITY OR RURAL  ELECTRIC  COOPER-
   26  ATIVE,  PROVIDED  THAT  NOTHING  SHALL REQUIRE SUCH ENTITIES TO PURCHASE
   27  UNSUBSCRIBED ENERGY;
   28    (E) NOTHING IN THIS SECTION SHALL BE  INTERPRETED  TO  PRE-EMPT  LOCAL
   29  ZONING OR REQUIRE A COUNTY, TOWN, VILLAGE OR CITY TO AUTHORIZE OR OTHER-
   30  WISE ACCOMMODATE THE CONSTRUCTION OF A SHARED RENEWABLE FACILITY; AND
   31    (F)  AN  ELECTRIC CORPORATION SHALL NOT BE REQUIRED TO PURCHASE ENERGY
   32  PRODUCED BY A SHARED RENEWABLE  ENERGY  FACILITY  BUT  WHICH  IS  UNSUB-
   33  SCRIBED.
   34    6.  THE  ORDER  ESTABLISHED BY THE COMMISSION SHALL INCLUDE SUBSCRIBER
   35  CONSUMER PROTECTION STANDARDS TO BE INCLUDED  IN  THE  POWER  SUBSCRIBER
   36  AGREEMENT, WHICH SHALL:
   37    (A) (I) ESTABLISH CLEAR AND CONSISTENT CHARGES BASED ON A SUBSCRIBER'S
   38  PRO-RATA  SHARE OF A SHARED RENEWABLE ENERGY FACILITY'S OUTPUT EXPRESSED
   39  AS MONTHLY CHARGES BASED ON PER KILOWATT HOUR PRODUCTION; (II) GUARANTEE
   40  REFUNDS FROM THE SUBSCRIBER COMPANY TO THE SUBSCRIBER FOR ANY PORTION OF
   41  SUCH SHARE THAT SUCH SHARED RENEWABLE ENERGY FACILITY DOES NOT  ACTUALLY
   42  PRODUCE;  AND  (III) GUARANTEE REFUNDS FROM A SUBSCRIBER COMPANY FOR ANY
   43  PORTION OF A SUBSCRIBER'S SHARE THAT WAS NOT ACTUALLY  CONSUMED  BY  THE
   44  SUBSCRIBER;
   45    (B) LIMIT THE TERM OF A POWER SUBSCRIBER AGREEMENT FOR SUBSCRIBERS WHO
   46  ARE RESIDENTIAL CUSTOMERS OF AN ELECTRIC CORPORATION, TO NO GREATER THAN
   47  TWENTY   YEARS,  PROVIDED  THAT  A  SUBSCRIBER  MAY  RENEW  HIS  OR  HER
   48  SUBSCRIPTION UPON ITS EXPIRATION FOR AN ADDITIONAL TERM;
   49    (C) REQUIRE THAT A SUBSCRIBER AGREEMENT INCLUDE THE FOLLOWING INFORMA-
   50  TION IN CLEAR AND CONSPICUOUS TERMS:
   51    (I) A SUBSCRIPTION TO A SHARED FACILITY  DOES  NOT  GUARANTEE  THAT  A
   52  CUSTOMER'S  ELECTRIC RATES WILL BE LOWER THAN THOSE CHARGED TO CUSTOMERS
   53  OF THE SAME SERVICE CLASS WHICH DO NOT SUBSCRIBE TO A  SHARED  RENEWABLE
   54  ENERGY FACILITY;
   55    (II)  THAT  IN  ADDITION  TO  ANY MONTHLY CHARGES OWED TO A SUBSCRIBER
   56  COMPANY PURSUANT TO A SUBSCRIBER AGREEMENT, SUCH SUBSCRIBER IS  REQUIRED
       A. 107--A                           5
    1  TO  PAY  FOR ALL CHARGES FOR ELECTRIC SERVICE ISSUED BY HIS OR HER ELEC-
    2  TRIC CORPORATION;
    3    (III)  THE  BENEFITS  OF  A  SUBSCRIPTION IN A SHARED RENEWABLE ENERGY
    4  FACILITY, INCLUDING BUT NOT LIMITED TO THOSE DESCRIBED IN PARAGRAPH  (C)
    5  OF  SUBDIVISION  NINE  OF  THIS SECTION ARE CONTINGENT UPON THE AUTHORI-
    6  ZATION OF SHARED RENEWABLE FACILITIES BY AN ACT OF THE STATE LEGISLATURE
    7  AND THAT ANY SUBSEQUENT DECISION OF THE STATE LEGISLATURE TO REPEAL THIS
    8  SECTION  IN  WHOLE  OR  IN  PART  MAY  INVALIDATE  THE  BENEFITS  OF   A
    9  SUBSCRIPTION WHILE STILL CONTINUING TO OBLIGATE THE SUBSCRIBER;
   10    (IV)  THAT  SUBSCRIBERS  OF  THE  SAME SHARED FACILITY AND OF THE SAME
   11  CLASS OF ELECTRIC SERVICE MAY BE CHARGED DIFFERENTIAL SUBSCRIPTION  FEES
   12  DEPENDING ON FACTORS INCLUDING: (A) PRO-RATA AMOUNT OF SUBSCRIBER AGREE-
   13  MENT; AND (B) LENGTH OF SUBSCRIBER AGREEMENT; AND
   14    (V)  THAT THE ELECTRIC CORPORATION OF WHICH A SUBSCRIBER IS A CUSTOMER
   15  IS NOT  RESPONSIBLE  FOR  HANDLING  COMPLAINTS  FOR  SERVICE  BETWEEN  A
   16  SUBSCRIBER AND A SUBSCRIBER ORGANIZATION;
   17    (D)  REQUIRE  THAT,  IN THE CASE OF A SHARED RENEWABLE ENERGY FACILITY
   18  WHICH HAS NOT BEEN INTERCONNECTED AND  PRODUCING  ELECTRICITY  UPON  THE
   19  SIGNING  OF  A  POWER SUBSCRIBER AGREEMENT, THE SUBSCRIBER COMPANY SHALL
   20  IMMEDIATELY  NOTIFY  EACH  SUBSCRIBER  UPON  THE   INTERCONNECTION   AND
   21  PRODUCTION  START  DATE OF SUCH SHARED RENEWABLE ENERGY FACILITY THAT HE
   22  OR SHE HAS FIVE BUSINESS DAYS UPON THE RECEIPT OF  THE  NOTICE  REQUIRED
   23  PURSUANT  TO  THIS  PARAGRAPH  TO CANCEL HIS OR HER SUBSCRIPTION WITH NO
   24  CANCELLATION OR OTHER CHARGES ASSESSED BY HIS OR HER SUBSCRIBER COMPANY,
   25  PROVIDED THAT IF A SHARED RENEWABLE ENERGY  FACILITY  IS  NOT  INTERCON-
   26  NECTED  WITHIN  ONE  YEAR OF THE COMPLETION OF A POWER SUBSCRIBER AGREE-
   27  MENT, THE SUBSCRIBER AGREEMENT WILL BE NULL AND VOID;
   28    (E) REQUIRE THAT, IN THE CASE OF A SHARED  RENEWABLE  ENERGY  FACILITY
   29  WHICH  WAS  INTERCONNECTED  PRIOR  TO  THE SIGNING OF A POWER SUBSCRIBER
   30  AGREEMENT, THE SUBSCRIBER SHALL HAVE FIVE BUSINESS DAYS UPON THE SIGNING
   31  OF A POWER SUBSCRIBER AGREEMENT TO CANCEL HIS OR HER  SUBSCRIPTION  WITH
   32  NO  CANCELLATION  OR  OTHER  CHARGES  ASSESSED  BY HIS OR HER SUBSCRIBER
   33  COMPANY;
   34    (F) PROHIBIT A SUBSCRIBER COMPANY  FROM  TRANSFERRING  A  SUBSCRIPTION
   35  FROM  ONE  SHARED  RENEWABLE  ENERGY  FACILITY TO ANOTHER, REGARDLESS OF
   36  WHETHER THE SUBSCRIBER FACILITY TO WHICH A SUBSCRIBER AGREEMENT WOULD BE
   37  TRANSFERRED IS  OWNED  OR  OPERATED  BY  THE  SAME  COMPANY,  WITHOUT  A
   38  SUBSCRIBER'S CONSENT;
   39    (G)  ALLOW  FOR  A SUBSCRIBER WHO MOVES TO A RESIDENCE WITHIN THE SAME
   40  SERVICE TERRITORY TO REDIRECT THE BILL CREDITS PURSUANT TO  HIS  OR  HER
   41  SUBSCRIBER  AGREEMENT  PROVIDED THAT SUCH SUBSCRIBER DEMONSTRATES TO HIS
   42  OR HER SUBSCRIBER COMPANY THAT THE METER OR METERS AT THE NEW  RESIDENCE
   43  TO  WHICH  SUCH  BILL CREDITS WILL BE REDIRECTED ARE LOCATED: (I) WITHIN
   44  THE SAME COUNTY OR AN ADJACENT COUNTY; AND (II)  WITHIN  THE  SAME  LOAD
   45  ZONE  AS  DETERMINED BY THE LOCATION BASED MARGINAL PRICE AS OF THE DATE
   46  OF THE INITIAL REQUEST BY HIS OR HER SUBSCRIBER COMPANY TO  INTERCONNECT
   47  SUCH  SHARED  FACILITY,  PROVIDED  THAT IN THE CASE OF A SUBSCRIBER IN A
   48  CITY OF A MILLION OR MORE, A SUBSCRIBER MAY REDIRECT  HIS  OR  HER  BILL
   49  CREDITS  TO  A  METER  OR  METERS AT A NEW RESIDENCE LOCATED IN A COUNTY
   50  IMMEDIATELY NORTH OR SUCH CITY;
   51    (H) ALLOW FOR A SUBSCRIBER WHO MOVES TO A  RESIDENCE  OUTSIDE  OF  THE
   52  SERVICE  TERRITORY  TO TRANSFER HIS OR HER SUBSCRIBER AGREEMENT TO A NEW
   53  SUBSCRIBER PROVIDED THAT SUCH NEW SUBSCRIBER MEETS THE  REQUIREMENTS  OF
   54  PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION;
   55    (I)  ESTABLISH  THAT  ANY  COMPLAINTS BY A SUBSCRIBER ABOUT HIS OR HER
   56  SUBSCRIPTION SHALL BE NOT BE THE RESPONSIBILITY OF THE  ELECTRIC  CORPO-
       A. 107--A                           6
    1  RATION  BUT INSTEAD SHALL BE THE RESPONSIBILITY OF THE SUBSCRIBER COMPA-
    2  NY;
    3    (J)  REQUIRE  A SUBSCRIBER COMPANY SEEKING TO INTERCONNECT PURSUANT TO
    4  THIS SECTION TO ESTABLISH AND MAINTAIN A COMPLAINT HANDLING PROCESS;
    5    (K) DETERMINE THE APPROPRIATENESS OF A  SUBSCRIBER  COMPANY  REQUIRING
    6  DEPOSITS  FOR  A  SUBSCRIPTION IN A SHARED RENEWABLE FACILITY, AND IF SO
    7  DETERMINED, THE ALLOWANCES AND/OR LIMITATIONS FOR SUCH DEPOSITS;
    8    (L) PROHIBIT A SUBSCRIBER COMPANY FROM ISSUING A BILL,  OTHER  THAN  A
    9  DEPOSIT  FOR  A  SUBSCRIPTION,  OR  A  MONTHLY CHARGE UNLESS AND UNTIL A
   10  SUBSCRIBER COMPANY IS (I) INTERCONNECTED PURSUANT TO  SUBDIVISION  EIGHT
   11  OF THIS SECTION; AND (II) HAS BEGUN TO PRODUCE ELECTRICAL OUTPUT; AND
   12    (M)  INCLUDE  ANY ADDITIONAL CONSUMER PROTECTIONS THE COMMISSION DEEMS
   13  NECESSARY.
   14    7. IN DEVELOPING ITS ORDER, THE COMMISSION SHALL CONSIDER:
   15    (A) THE NECESSITY OF  ADDITIONAL  ELECTRIC  CAPACITY  IN  AN  ELECTRIC
   16  CORPORATION'S TRANSMISSION AND DISTRIBUTION SYSTEM TERRITORY;
   17    (B)  THE COST OF ELECTRIC SYSTEM UPGRADES NECESSARY TO ACCOMMODATE THE
   18  INTERCONNECTION AND OPERATION OF A  SHARED  RENEWABLE  ENERGY  FACILITY,
   19  INCLUDING  THE  IMPACT  OF  SUCH  UPGRADES ON LOW-INCOME CUSTOMERS OF AN
   20  ELECTRIC CORPORATION; AND
   21    (C) THE ABILITY OF A SHARED RENEWABLE ENERGY FACILITY TO PRODUCE RELI-
   22  ABLE ELECTRICITY DURING TIMES OF PEAK ELECTRIC DEMAND AS  DETERMINED  BY
   23  THE COMMISSION.
   24    8.  INTERCONNECTION  OF  SHARED RENEWABLE ENERGY FACILITIES AND CONDI-
   25  TIONS OF SERVICE. THE COMMISSION  SHALL  DEVELOP  A  MODEL  CONTRACT  TO
   26  GOVERN  THE  PROVISIONS  OF INTERCONNECTION BETWEEN A SUBSCRIBER COMPANY
   27  AND AN ELECTRIC CORPORATION. UPON THE COMPLETION OF THE  ORDER  REQUIRED
   28  PURSUANT  TO  SUBDIVISION  TWO  OF  THIS SECTION AN ELECTRIC CORPORATION
   29  SHALL PROVIDE FOR THE INTERCONNECTION OF SHARED RENEWABLE ENERGY FACILI-
   30  TIES PROVIDED THAT THE SUBSCRIBER COMPANY ENTERS INTO  A  CONTRACT  WITH
   31  THE  ELECTRIC  CORPORATION, AND COMPLIES WITH THE ELECTRIC CORPORATION'S
   32  SCHEDULE AND WITH STANDARDS AND REQUIREMENTS OF THIS SECTION.  NO  ELEC-
   33  TRIC  CORPORATION SHALL PERMIT THE INTERCONNECTION OF A SHARED RENEWABLE
   34  ENERGY FACILITY NOR ACCEPT  A  SUBSCRIPTION  ROSTER  FROM  A  SUBSCRIBER
   35  COMPANY  FOR A SHARED RENEWABLE ENERGY FACILITY UNLESS SUCH FACILITY (A)
   36  HAS AT LEAST TEN SUBSCRIBERS; AND (B) IS LOCATED IN A  SHARED  RENEWABLE
   37  ENERGY  FACILITY  COMPATIBILITY AND ACCOMMODATION ZONE AS REFLECTED ON A
   38  MAP PURSUANT TO SUBDIVISION FOUR OF THIS SECTION. EACH  ELECTRIC  CORPO-
   39  RATION  SHALL  INTERCONNECT  SHARED  RENEWABLE ENERGY FACILITIES LOCATED
   40  WITHIN THE BOUNDARIES OF THE SHARED RENEWABLE  ENERGY  FACILITY  COMPAT-
   41  IBILITY  AND ACCOMMODATION ZONE MAP PURSUANT TO SUBDIVISION FOUR OF THIS
   42  SECTION ON A FIRST COME, FIRST  SERVED  BASIS,  UNTIL  THE  TOTAL  RATED
   43  GENERATING CAPACITY ATTRIBUTABLE TO SUCH FACILITIES IS EQUIVALENT TO ONE
   44  HALF  OF  ONE  PERCENT OF THE ELECTRIC CORPORATION'S ELECTRIC DEMAND FOR
   45  THE YEAR TWO THOUSAND FIVE, AS DETERMINED BY  THE  COMMISSION,  PROVIDED
   46  THAT  THE  COMMISSION SHALL HAVE THE AUTHORITY, AFTER JANUARY FIRST, TWO
   47  THOUSAND TWENTY-FIVE, TO INCREASE THE PERCENT  LIMIT  IF  IT  DETERMINES
   48  THAT ADDITIONAL INTERCONNECTION OF SHARED RENEWABLE ENERGY FACILITIES IS
   49  IN  THE  PUBLIC  INTEREST,  PROVIDED FURTHER THAT NO GREATER THAN TWENTY
   50  PERCENT OF THE COMBINED NAMEPLATE CAPACITY OF  SHARED  RENEWABLE  ENERGY
   51  FACILITIES  AUTHORIZED  PURSUANT  TO  THIS SECTION SHALL BE LOCATED IN A
   52  POTENTIAL ENVIRONMENTAL JUSTICE AREA AS DETERMINED BY THE DEPARTMENT  OF
   53  ENVIRONMENTAL  CONSERVATION,  AS  SUCH AREAS WERE DEPICTED ON MAY FIFTH,
   54  TWO THOUSAND FOURTEEN. IN THE EVENT THAT THE ELECTRIC CORPORATION DETER-
   55  MINES THAT IT IS NECESSARY TO INSTALL A DEDICATED TRANSFORMER OR  TRANS-
   56  FORMERS,  OR OTHER EQUIPMENT TO PROTECT THE SAFETY AND ADEQUACY OF ELEC-
       A. 107--A                           7
    1  TRIC SERVICE PROVIDED TO CUSTOMERS, THE SUBSCRIBER COMPANY SHALL PAY THE
    2  ELECTRIC CORPORATION'S ACTUAL COSTS OF  INSTALLING  THE  TRANSFORMER  OR
    3  TRANSFORMERS, OR OTHER EQUIPMENT.
    4    9.  (A)  FOR  A  SHARED RENEWABLE ENERGY FACILITY, THE TOTAL AMOUNT OF
    5  ELECTRICAL OUTPUT AVAILABLE  FOR  ALLOCATION  TO  SUBSCRIBERS  SHALL  BE
    6  DETERMINED BY A PRODUCTION METER INSTALLED AT THE SHARED RENEWABLE ENER-
    7  GY  FACILITY  AND  PAID FOR BY THE SUBSCRIBER COMPANY OWNING SUCH SHARED
    8  RENEWABLE ENERGY FACILITY. IT SHALL BE THE RESPONSIBILITY OF  THE  ELEC-
    9  TRIC  CORPORATION TO READ THE PRODUCTION METER AND APPLY BILL CREDITS TO
   10  SUBSCRIBERS OF SUCH FACILITIES AS DIRECTED UNDER A SUBSCRIPTION  ROSTER,
   11  PROVIDED THAT AN ELECTRIC CORPORATION MAY ASSESS A CHARGE TO A SUBSCRIB-
   12  ER  COMPANY  TO  RECOVER REASONABLE EXPENSES RELATED TO THE READING OF A
   13  PRODUCTION METER.
   14    (B) A SUBSCRIBER COMPANY SHALL BE RESPONSIBLE  FOR  PROVIDING  TO  THE
   15  ELECTRIC  CORPORATION,  AT THE BEGINNING OF EACH BILLING CYCLE, OR OTHER
   16  PERIOD AS DETERMINED BY THE COMMISSION, A SUBSCRIPTION ROSTER  IDENTIFY-
   17  ING  THE PRO-RATA SHARE OF ELECTRICAL OUTPUT ALLOCATED TO EACH SUBSCRIB-
   18  ER. A SUBSCRIBER COMPANY MAY ADD ADDITIONAL SUBSCRIBER AGREEMENTS  TO  A
   19  SUBSCRIPTION  ROSTER FOR THE PRECEDING BILLING CYCLE, OR OTHER PERIOD AS
   20  DETERMINED BY THE COMMISSION.
   21    (C) AT THE END OF EACH MONTH, THE ELECTRIC CORPORATION SHALL  APPLY  A
   22  CREDIT  TO  THE  NEXT  BILL FOR SERVICE TO EACH SUBSCRIBER BASED ON EACH
   23  SUBSCRIBER'S PRO-RATA SHARE OF THE  ACTUAL  ELECTRICAL  OUTPUT  OF  SUCH
   24  FACILITY  AT  THE  SAME  RATE  PER  KILOWATT  HOUR APPLICABLE TO SERVICE
   25  PROVIDED TO OTHER CUSTOMERS IN THE  SAME  SERVICE  CLASS  WHICH  DO  NOT
   26  SUBSCRIBE TO A SHARED RENEWABLE ENERGY FACILITY.
   27    (D)  IN  THE  EVENT  THAT  THE  ELECTRICAL OUTPUT PRODUCED BY A SHARED
   28  RENEWABLE ENERGY FACILITY AND ALLOCATED TO A SUBSCRIBER DURING A BILLING
   29  PERIOD EXCEEDS THE AMOUNT OF ELECTRICITY USED BY A SUBSCRIBER, THE ELEC-
   30  TRIC CORPORATION SHALL APPLY A CREDIT FOR SUCH EXCESS OUTPUT TO THE NEXT
   31  BILL FOR SERVICE TO THE SUBSCRIBER FOR THE NET ELECTRICITY  PROVIDED  AT
   32  THE  SAME RATE PER KILOWATT HOUR APPLICABLE TO SERVICE PROVIDED TO OTHER
   33  CUSTOMERS IN THE SAME SERVICE CLASS WHICH DO NOT SUBSCRIBE TO  A  SHARED
   34  RENEWABLE ENERGY FACILITY.
   35    (E)  IN  THE EVENT THAT THE ELECTRIC CORPORATION IMPOSES CHARGES BASED
   36  ON KILOWATT DEMAND ON CUSTOMERS WHO ARE IN THE SAME SERVICE CLASS  AS  A
   37  SUBSCRIBER  WHO  IS  ENTITLED TO THE OUTPUT OF A SHARED RENEWABLE ENERGY
   38  FACILITY PURSUANT TO A SUBSCRIPTION IN A SHARED RENEWABLE ENERGY FACILI-
   39  TY BUT ARE NOT SUBSCRIBERS, THE ELECTRIC CORPORATION MAY IMPOSE THE SAME
   40  CHARGES AT THE SAME RATES TO THE SUBSCRIBER, PROVIDED HOWEVER, THAT  THE
   41  KILOWATT  DEMAND  FOR  SUCH  DEMAND CHARGES IS DETERMINED BY THE MAXIMUM
   42  MEASURED KILOWATT DEMAND ACTUALLY SUPPLIED BY THE  ELECTRIC  CORPORATION
   43  TO THE SUBSCRIBER DURING THE BILLING PERIOD.
   44    10.  (A)  ON  OR  BEFORE THREE MONTHS AFTER THE EFFECTIVE DATE OF THIS
   45  SECTION, THE COMMISSION SHALL  ESTABLISH  STANDARDS  FOR  THE  SAFE  AND
   46  ADEQUATE  INTERCONNECTION  OF  SHARED  RENEWABLE ENERGY FACILITIES. SUCH
   47  STANDARDS MAY INCLUDE, BUT SHALL NOT BE LIMITED TO:
   48    (I) EQUIPMENT NECESSARY TO ISOLATE AUTOMATICALLY THE FACILITY FROM THE
   49  ELECTRIC TRANSMISSION AND DISTRIBUTION SYSTEM FOR VOLTAGE IN THE CASE OF
   50  VOLTAGE AND FREQUENCY DEVIATIONS, POWER OUTAGES  AND  OTHER  EVENTS  THE
   51  COMMISSION DEEMS NECESSARY; AND
   52    (II) A MANUAL LOCKABLE DISCONNECT SWITCH PAID FOR AND INSTALLED BY THE
   53  SUBSCRIBER COMPANY FOR THE PURPOSE OF ISOLATING THE FACILITY AND LOCATED
   54  IN  AN  EASILY  ACCESSIBLE AREA ON THE PREMISES OF SUCH SHARED RENEWABLE
   55  ENERGY FACILITY AND EXTERNALLY ACCESSIBLE FOR THE PURPOSE  OF  ISOLATING
   56  THE SHARED RENEWABLE ENERGY FACILITY.
       A. 107--A                           8
    1    (B)  IN THE EVENT THAT THE TOTAL RATED GENERATING CAPACITY OF A SHARED
    2  RENEWABLE ENERGY FACILITY THAT  PROVIDES  ELECTRICITY  TO  THE  ELECTRIC
    3  CORPORATION THROUGH THE SAME LOCAL FEEDER LINE EXCEEDS TWENTY PERCENT OF
    4  THE  RATED  CAPACITY  OF THE LOCAL FEEDER LINE, THE ELECTRIC CORPORATION
    5  MAY  REQUIRE  THE SUBSCRIBER COMPANY OWNING SUCH SHARED RENEWABLE ENERGY
    6  FACILITY TO COMPLY WITH REASONABLE MEASURES TO ENSURE THE SAFETY OF  THE
    7  LOCAL FEEDER LINE.
    8    (C)  UPON  ITS  OWN MOTION OR UPON A COMPLAINT, THE COMMISSION, OR ITS
    9  DESIGNATED REPRESENTATIVE, MAY INVESTIGATE AND MAKE A  DETERMINATION  AS
   10  TO  THE  REASONABLENESS AND NECESSITY OF THE STANDARDS OR RESPONSIBILITY
   11  FOR COMPLIANCE WITH THE STANDARDS.
   12    S 4. Subdivision (h) of section 1020-g of the public authorities  law,
   13  as  amended  by  chapter  546 of the laws of 2011, is amended to read as
   14  follows:
   15    (h) To implement programs and policies designed  to  provide  for  the
   16  interconnection of: (i) (A) solar electric generating equipment owned or
   17  operated  by  residential  customers, (B) farm waste electric generating
   18  equipment owned or operated by customer-generators, (C)  solar  electric
   19  generating equipment owned or operated by non-residential customers, (D)
   20  micro-combined  heat  and  power  generating  equipment owned, leased or
   21  operated by residential customers, (E)  fuel  cell  electric  generating
   22  equipment  owned,  leased  or operated by residential customers, and (F)
   23  micro-hydroelectric generating equipment owned, leased  or  operated  by
   24  customer-generators  and for net energy metering consistent with section
   25  sixty-six-j of the public service law, to  increase  the  efficiency  of
   26  energy  end  use, to shift demand from periods of high demand to periods
   27  of low demand and to facilitate the development of  cogeneration;  [and]
   28  (ii)  wind  electric generating equipment owned or operated by customer-
   29  generators and for net energy metering consistent  with  section  sixty-
   30  six-l  of  the  public  service law; AND (III) TO IMPLEMENT PROGRAMS AND
   31  POLICIES DESIGNED TO PROVIDE FOR THE INTERCONNECTION OF SHARED RENEWABLE
   32  ENERGY FACILITIES OWNED AND OPERATED BY  SUBSCRIBER  COMPANIES  FOR  THE
   33  BENEFIT  OF  RESIDENTIAL  AND  NON-RESIDENTIAL CUSTOMERS CONSISTENT WITH
   34  SECTION SIXTY-SIX-O OF THE PUBLIC SERVICE LAW.
   35    S 5. This act shall take effect immediately.