NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4469
SPONSOR: Magee TITLE OF BILL: An act to amend the public service law, in relation to
net metering standards for municipal landfills and waste water treatment
facilities
PURPOSE:
To allow municipal landfills and water treatment facilities the option
of offsetting their energy costs by producing their own energy and feed-
ing it back into the grid.
SUMMARY OF PROVISIONS:
Section 1 amends § 66-j of the public services law by adding the phrase
"landfills and publicly owned treatment works."
Section 2 amends § 66-j of the public services law by adding a new
subdivision (i) which provides the definition of a landfill.
Section 3 amends § 66-j of the public services law by adding a new
subdivision (I) which provides the definition of publicly owned treat-
ment works.
Section 4 amends § 66-j of the public services law by adding a new
subdivision (m) which provides the definition of waist fueled electric
generating equipment.
Section 5 sets forth the effective date.
JUSTIFICATION:
This bill broadens net metering law in New York State to include energy
generated at county or municipal landfills and water treatment facili-
ties as electricity power companies must purchase back upon the county
or municipalities request. According to the National Conference of State
Legislatures (NCSL), forty-four states have implemented net-metering
policies. This reflects a national trend in which states see the value
of net-metering is an economically viable and environmentally sound
principle.
In the case of this bill, counties and municipalities will save money by
producing their own energy that is sent back into the energy grid.
Landfills and water treatment facilities will be able to trap the meth-
ane gas released from waste and convert it to a renewable energy source.
In addition, energy produced by utility companies will no longer have to
be exported to other states. Net metering allows for the same energy to
circulate within local power grids, as utilities no longer have to
produce an excess in order to avoid losing money.
The use of solar panels on the rooftops of residential homes is current-
ly the most common form of net metering. Governor Cuomo's one billion
dollar "NY-Sun Incentive Program" in 2014 has also encouraged businesses
to invest in solar energy, which may be eligible for net-metering. By
expanding the definition of net metering, counties and municipalities
will be given the same opportunity to reduce energy costs that residen-
tial and commercial facilities have already been given.
LEGISLATIVE HISTORY:
None.
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
4469
2017-2018 Regular Sessions
IN ASSEMBLY
February 2, 2017
___________
Introduced by M. of A. MAGEE -- read once and referred to the Committee
on Energy
AN ACT to amend the public service law, in relation to net metering
standards for municipal landfills and waste water treatment facilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The section heading of section 66-j of the public service
2 law, as amended by chapter 546 of the laws of 2011, is amended to read
3 as follows:
4 Net energy metering for residential solar, farm waste, non-residential
5 solar electric generating systems, micro-combined heat and power gener-
6 ating equipment, fuel cell electric generating equipment, [and] micro-
7 hydroelectric generating equipment and waste fueled electric generating
8 equipment at municipal landfills and publicly owned treatment works.
9 § 2. Subdivision 1 of section 66-j of the public service law is
10 amended by adding three new paragraphs (i), (j) and (k) to read as
11 follows:
12 (i) "Landfill" means a disposal facility or part of a facility where
13 solid waste, as defined in 6 NYCRR 360-1.2(a)(1), is placed in or on
14 land, and which is not a land treatment facility, a surface impoundment,
15 or an injection well, which is owned or operated by a municipal govern-
16 ment or by a public private partnership established under section one
17 hundred twenty-w of the general municipal law.
18 (j) "Publicly owned treatment works" means a facility for the purpose
19 of treating, neutralizing or stabilizing sewage, including treatment or
20 disposal plants, the necessary intercepting, outfall and outlet sewers,
21 pumping stations integral to such plants or sewers, equipment and
22 furnishings thereof and their appurtenances which is owned or operated
23 by a municipal government or by a public private partnership established
24 under section one hundred twenty of the general municipal law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06985-01-7
A. 4469 2
1 (k) "Waste fueled electric generating equipment" means equipment that
2 generates electric energy from biogas produced by the anaerobic
3 digestion of: waste, refuse, household or mixed municipal solid waste
4 in a landfill gas recovery facility, as defined in 6 NYCRR
5 360-1.2(b)(96), wastewater, sludge, as defined in 6 NYCRR
6 360-1.2(b)(155), and domestic sewage, as defined in 6 NYCRR
7 360-1.2(b)(53), that is:
8 (i) manufactured, installed, and operated in accordance with applica-
9 ble government and industry standards;
10 (ii) connected to the electric system and operated in conjunction with
11 an electric corporation's transmission and distribution facilities;
12 (iii) operated in compliance with any standards and requirements
13 established under this section;
14 (iv) fueled at a minimum of ninety percent on an annual basis by
15 biogas produced from the anaerobic digestion of household or mixed
16 municipal solid waste, sludge, wastewater, domestic sewage, agricultural
17 waste such as livestock manure materials, crop residues, and food proc-
18 essing waste;
19 (v) owned and operated by a municipal government or by a public
20 private partnership established under section one hundred twenty-w of
21 the general municipal law.
22 § 3. This act shall take effect immediately.
