Prohibits extra charges on farmers for electric service and prohibits limitations on farmers installing and operating on-site electric generation equipment and related technology.

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A2458-2011 Actions

• Jan 27, 2012: print number 2458a
• Jan 27, 2012: amend and recommit to energy
• Jan 4, 2012: referred to energy
• Jan 18, 2011: referred to energy

A2458-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    2458

                         2011-2012 Regular Sessions

                            I N  ASSEMBLY

                              January 18, 2011
                                 ___________

  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 electric  service
    for  farmers;  and  providing  for  the repeal of such provisions upon
    expiration thereof

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Legislative intent. The legislature finds and declares that
  the  installation  of  on-site electric generation systems would address
  the high energy costs of farmers and would result in  the  creation  and
  retention  of  jobs  in  New  York  state. Barriers to such installation
  should be removed to encourage private investment in these  technologies
  and to stimulate economic growth.
    S  2.  Section 65 of the public service law is amended by adding a new
  subdivision 6-a to read as follows:

    6-A. CERTAIN CHARGES PROHIBITED. (A) NO ELECTRIC CORPORATION OR  MUNI-
  CIPALITY  OWNING ELECTRIC PLANT USEFUL FOR THE DISTRIBUTION OF ELECTRIC-
  ITY SHALL IMPOSE ON ANY CUSTOMER THAT IS A QUALIFYING  FARMER  ANY  FEE,
  PENALTY OR CHARGE OF ANY KIND OTHER THAN ITS CHARGES BASED UPON THE COST
  OF  SERVICES ACTUALLY PROVIDED TO SUCH CUSTOMER, FOR ELECTRICITY, TRANS-
  MISSION, DISTRIBUTION, METERING, BILLING AND CUSTOMER SERVICES. NO ELEC-
  TRIC CORPORATION OR MUNICIPALITY SHALL IMPLEMENT POLICIES OR  PROCEDURES
  THAT  WOULD  PREVENT  QUALIFYING  FARMERS  FROM INSTALLING AND OPERATING
  ON-SITE GENERATION EQUIPMENT AND RELATED TECHNOLOGY.
    (B) FOR THE PURPOSE OF THIS SUBDIVISION:

    (I) "FARMER" MEANS A PERSON  WHOSE  FEDERAL  GROSS  INCOME  FROM  FARM
  PRODUCTION  FOR  THE  PREVIOUS  TAXABLE  YEAR  WAS AT LEAST TEN THOUSAND
  DOLLARS.
    (II) "QUALIFYING FARMER" MEANS A FARMER THAT INSTALLS AN ON-SITE ELEC-
  TRIC GENERATION SYSTEM TO PROVIDE ELECTRIC SERVICE TO  A  FARM  (WHETHER
  THE FARMER CONTINUES TO MAINTAIN ACCESS TO TRANSMISSION AND DISTRIBUTION

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD03506-01-1

 A. 2458                             2

  SERVICES  OR VOLUNTARILY DISCONNECTS ACCESS TO TRANSMISSION AND DISTRIB-
  UTION SERVICES) AND FILES  A  NOTIFICATION  THEREOF  WITH  THE  ELECTRIC
  CORPORATION OR MUNICIPALITY, WITH A COPY TO THE DEPARTMENT, PRIOR TO THE
  CUT-OFF DATE.
    (III)  "CUT-OFF  DATE"  FOR EACH SERVICE TERRITORY MEANS THE DATE WHEN
  THE ELECTRIC CORPORATION OR MUNICIPALITY SERVING SUCH SERVICE  TERRITORY
  SHALL  HAVE RECEIVED NOTIFICATIONS FROM QUALIFYING FARMERS SUCH THAT THE
  SUM OF THE RATED GENERATING CAPACITY SHOWN ON SUCH  NOTIFICATIONS  SHALL
  EQUAL  OR  EXCEED  ONE-TENTH OF ONE PERCENT OF ITS TOTAL ELECTRIC DEMAND
  FOR THE YEAR NINETEEN HUNDRED NINETY-SIX, AS DETERMINED BY  THE  DEPART-
  MENT, OR SEPTEMBER FIRST, TWO THOUSAND SIXTEEN, WHICHEVER OCCURS FIRST.
    S  3. Subdivision 28 of section 66 of the public service law, as added
  by chapter 82 of the laws of 1998, is amended to read as follows:

    28. No revenues foregone by an electric corporation, as  a  result  of
  subjecting  certain  veterans'  organizations [with] TO rates or charges
  applicable to domestic consumers pursuant to section seventy-six of this
  article OR AS A RESULT OF PROHIBITING CERTAIN CHARGES RELATED  TO  ELEC-
  TRIC  SERVICE  PROVIDED  TO  FARMERS  PURSUANT  TO  SUBDIVISION SIX-A OF
  SECTION SIXTY-FIVE OF THIS ARTICLE, shall be recovered from the  custom-
  ers of such corporation.
    S  4. This act shall take effect immediately and shall be deemed to be
  repealed September 1, 2016, except that the provisions of this act shall
  continue to apply to a customer who is a qualifying farmer  as  long  as
  such on-site electric generation system remains in use.