S T A T E O F N E W Y O R K
________________________________________________________________________
2458
2011-2012 Regular Sessions
I N A S S E M B L Y
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:
1 Section 1. Legislative intent. The legislature finds and declares that
2 the installation of on-site electric generation systems would address
3 the high energy costs of farmers and would result in the creation and
4 retention of jobs in New York state. Barriers to such installation
5 should be removed to encourage private investment in these technologies
6 and to stimulate economic growth.
7 S 2. Section 65 of the public service law is amended by adding a new
8 subdivision 6-a to read as follows:
9 6-A. CERTAIN CHARGES PROHIBITED. (A) NO ELECTRIC CORPORATION OR MUNI-
10 CIPALITY OWNING ELECTRIC PLANT USEFUL FOR THE DISTRIBUTION OF ELECTRIC-
11 ITY SHALL IMPOSE ON ANY CUSTOMER THAT IS A QUALIFYING FARMER ANY FEE,
12 PENALTY OR CHARGE OF ANY KIND OTHER THAN ITS CHARGES BASED UPON THE COST
13 OF SERVICES ACTUALLY PROVIDED TO SUCH CUSTOMER, FOR ELECTRICITY, TRANS-
14 MISSION, DISTRIBUTION, METERING, BILLING AND CUSTOMER SERVICES. NO ELEC-
15 TRIC CORPORATION OR MUNICIPALITY SHALL IMPLEMENT POLICIES OR PROCEDURES
16 THAT WOULD PREVENT QUALIFYING FARMERS FROM INSTALLING AND OPERATING
17 ON-SITE GENERATION EQUIPMENT AND RELATED TECHNOLOGY.
18 (B) FOR THE PURPOSE OF THIS SUBDIVISION:
19 (I) "FARMER" MEANS A PERSON WHOSE FEDERAL GROSS INCOME FROM FARM
20 PRODUCTION FOR THE PREVIOUS TAXABLE YEAR WAS AT LEAST TEN THOUSAND
21 DOLLARS.
22 (II) "QUALIFYING FARMER" MEANS A FARMER THAT INSTALLS AN ON-SITE ELEC-
23 TRIC GENERATION SYSTEM TO PROVIDE ELECTRIC SERVICE TO A FARM (WHETHER
24 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
1 SERVICES OR VOLUNTARILY DISCONNECTS ACCESS TO TRANSMISSION AND DISTRIB-
2 UTION SERVICES) AND FILES A NOTIFICATION THEREOF WITH THE ELECTRIC
3 CORPORATION OR MUNICIPALITY, WITH A COPY TO THE DEPARTMENT, PRIOR TO THE
4 CUT-OFF DATE.
5 (III) "CUT-OFF DATE" FOR EACH SERVICE TERRITORY MEANS THE DATE WHEN
6 THE ELECTRIC CORPORATION OR MUNICIPALITY SERVING SUCH SERVICE TERRITORY
7 SHALL HAVE RECEIVED NOTIFICATIONS FROM QUALIFYING FARMERS SUCH THAT THE
8 SUM OF THE RATED GENERATING CAPACITY SHOWN ON SUCH NOTIFICATIONS SHALL
9 EQUAL OR EXCEED ONE-TENTH OF ONE PERCENT OF ITS TOTAL ELECTRIC DEMAND
10 FOR THE YEAR NINETEEN HUNDRED NINETY-SIX, AS DETERMINED BY THE DEPART-
11 MENT, OR SEPTEMBER FIRST, TWO THOUSAND SIXTEEN, WHICHEVER OCCURS FIRST.
12 S 3. Subdivision 28 of section 66 of the public service law, as added
13 by chapter 82 of the laws of 1998, is amended to read as follows:
14 28. No revenues foregone by an electric corporation, as a result of
15 subjecting certain veterans' organizations [with] TO rates or charges
16 applicable to domestic consumers pursuant to section seventy-six of this
17 article OR AS A RESULT OF PROHIBITING CERTAIN CHARGES RELATED TO ELEC-
18 TRIC SERVICE PROVIDED TO FARMERS PURSUANT TO SUBDIVISION SIX-A OF
19 SECTION SIXTY-FIVE OF THIS ARTICLE, shall be recovered from the custom-
20 ers of such corporation.
21 S 4. This act shall take effect immediately and shall be deemed to be
22 repealed September 1, 2016, except that the provisions of this act shall
23 continue to apply to a customer who is a qualifying farmer as long as
24 such on-site electric generation system remains in use.