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

                                  7222

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 8, 2013
                               ___________

Introduced  by  M. of A. MAGEE, BARRETT -- 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.
                                                           LBD04733-01-3
              

A. 7222                             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-EIGHT, AS DETERMINED BY THE DEPART-
MENT, OR SEPTEMBER FIRST, TWO THOUSAND EIGHTEEN, 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, 2018, 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.