This bill has been amended

Bill S3806-2013

Relates to on-farm energy generation

Relates to on-farm energy generation.

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  • Feb 27, 2013: 1ST REPORT CAL.102
  • Feb 19, 2013: REFERRED TO ENERGY AND TELECOMMUNICATIONS

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VOTE: COMMITTEE VOTE: - Energy and Telecommunications - Feb 27, 2013
Ayes (11): Maziarz, Carlucci, Fuschillo, Griffo, O'Mara, Ritchie, Robach, Parker, Adams, Kennedy, Dilan

Memo

BILL NUMBER:S3806

TITLE OF BILL: An act to amend the energy law and the public service law, in relation to net-metering and on-farm energy generation

PURPOSE: To reduce interconnection fees for farms that install renewable energy, increase the size of solar arrays allowed for farms on residential meters, lower farmers utility bills and expand our state's agricultural economy.

SUMMARY OF PROVISIONS:

Section 1-cites the name of the act as the "Repower New York Farms Act"

Section 2-Amends subdivisions 1,2 and 3 of section 3-101 of the energy law to include specific references to agriculture in the policy direction given in statute to the State Energy Planning Board

Section 3-Amends subdivision 1 section 66-J of the public service law to allow a farm operation operating on a residential meter to install a solar energy system of up to 100 KW

Section 4-Amends subdivision 3 of section 66-J of the public service law to reduce the maximum interconnection cost that may be charged to a farm operator installing a farm waste electric generating system to $2500

Section 5-Amends subdivision 3 of section 66-1 of the public service law to reduce the maximum interconnection fee that can be charged to a farm service customer generator to $375.

Section 6-Amends the state energy law by adding a new section 17-104 that requires a study in every even numbered year in relation to the deployment of on-farm renewable generation.

Section 7- Sets forth the effective date

JUSTIFICATION: New York State is an agricultural leader when it comes to the production of dairy products, apples and many other important commodities. We also have seen an explosion in the growth of wineries, farm breweries and other businesses that are tied directly to our state's agricultural economy. The yogurt boom upstate has lead to a need for expanded milk production, and has spurred the growth of a new food processing manufacturing sector. This agricultural economic engine in upstate New York has in turn lead to an increased demand for fresh agricultural products in and around New York City, including an expansion of green markets and farmers markets. Investing in these enterprises would allow farmers to have more access to the millions of consumers in the New York City Metro area. In order to provide farmers with more capital to invest in their farm operations and in expanding their lines of distribution and retail sales into New York City, we must provide more relief from the ever increasing cost of energy.

This bill, by reducing interconnection costs for renewable energy and increasing the size of solar units that can be deployed to farm

operations with residential meters, will lead to more on-farm renewable generation and therefore lower utility bills and more investment capital for farmers.

This bill also seeks to add sections to the energy law to ensure that agricultural interests are taken into account by the State energy planning board and that a report is generated every other year to measure the growth of on-farm renewable generation in our state.

LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: Immediately


Text

STATE OF NEW YORK ________________________________________________________________________ 3806 2013-2014 Regular Sessions IN SENATE February 19, 2013 ___________
Introduced by Sens. MAZIARZ, RITCHIE, DeFRANCISCO, GRISANTI, LARKIN, LATIMER, LIBOUS, MONTGOMERY, NOZZOLIO, RANZENHOFER, SAMPSON, SAVINO, SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommunications AN ACT to amend the energy law and the public service law, in relation to net-metering and on-farm energy generation THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as the "repower New York farms act". S 2. Subdivisions 1, 2 and 3 of section 3-101 of the energy law, subdivisions 2 and 3 as amended by chapter 820 of the laws of 1976, are amended to read as follows: 1. to obtain and maintain an adequate and continuous supply of safe, dependable and economical energy for the people of the state and to accelerate development and use within the state of renewable energy sources, all in order to promote the state's economic growth, to create employment within the state, to protect its environmental values AND AGRICULTURAL HERITAGE, to husband its resources for future generations, and to promote the health and welfare of its people; 2. to encourage conservation of energy in the construction and opera- tion of new commercial, industrial, AGRICULTURAL and residential build- ings, and in the rehabilitation of existing structures, through heating, cooling, ventilation, lighting, insulation and design techniques and the use of energy audits and life-cycle costing analysis; 3. to encourage the use of performance standards in all energy-using appliances, and in industrial, AGRICULTURAL and commercial applications of energy-using apparatus and processes; S 3. Paragraph (d) of subdivision 1 of section 66-j of the public service law, as amended by chapter 7 of the laws of 2010, is amended to read as follows:
(d) "Solar electric generating equipment" means a photovoltaic system (i) (A) in the case of a residential customer (OTHER THAN A FARM UTILIZ- ING A RESIDENTIAL METER), with a rated capacity of not more than twen- ty-five kilowatts; [and] (B) IN THE CASE OF A FARM UTILIZING A RESIDEN- TIAL METER WITH A RATED CAPACITY OF NOT MORE THAN ONE HUNDRED KILOWATTS; AND (C) in the case of a non-residential customer, with a rated capacity of not more than THE LESSER OF two thousand kilowatts OR SUCH CUSTOMER'S PEAK LOAD AS MEASURED OVER THE PRIOR TWELVE MONTH PERIOD, OR IN THE CASE THAT SUCH TWELVE MONTH PERIOD OF MEASUREMENT IS NOT AVAILABLE, THEN AS DETERMINED BY THE COMMISSION BASED ON ITS ANALYSIS OF COMPARABLE FACILI- TIES; and (ii) that is manufactured, installed, and operated in accord- ance with applicable government and industry standards, that is connected to the electric system and operated in conjunction with an electric corporation's transmission and distribution facilities, and that is operated in compliance with any standards and requirements established under this section. S 4. Subparagraph (ii) of paragraph (c) of subdivision 3 of section 66-j of the public service law, as amended by chapter 546 of the laws of 2011, is amended to read as follows: (ii) In the case of a customer-generator who owns or operates farm waste electric generating equipment located and used at his or her "farm operation," up to a total amount of [five] TWO thousand FIVE HUNDRED dollars per "farm operation"; and S 5. Subparagraphs (i) and (ii) of paragraph (c) of subdivision 3 of section 66-l of the public service law, as amended by chapter 7 of the laws of 2010, are amended to read as follows: (i) in the case of a residential[, farm service] or non-residential customer-generator with a combined rated capacity of not more than twen- ty-five kilowatts, up to a maximum amount of seven hundred fifty dollars AND IN THE CASE OF A FARM SERVICE CUSTOMER-GENERATOR THE MAXIMUM AMOUNT SHALL NOT EXCEED THREE HUNDRED SEVENTY-FIVE DOLLARS; and (ii) in the case of a farm service customer-generator with a combined rated capacity of not more than five hundred kilowatts, up to a maximum of [five] TWO thousand FIVE HUNDRED dollars; and S 6. The energy law is amended by adding a new section 17-104 to read as follows: S 17-104. ON-FARM RENEWABLE ENERGY SURVEY. 1. BY JANUARY THIRTIETH OF EACH EVEN NUMBERED YEAR, THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP- MENT AUTHORITY (NYSERDA) IN COOPERATION WITH THE DEPARTMENT OF AGRICUL- TURE AND MARKETS SHALL PRODUCE A STUDY MEASURING THE EXPANSION OF ON-FARM RENEWABLE ENERGY GENERATION IN NEW YORK STATE. 2. THE STUDY WILL SPECIFICALLY IDENTIFY AND MEASURE THE NUMBER OF ANAEROBIC DIGESTERS, PHOTOVOLTAIC SYSTEMS, WIND ENERGY SYSTEMS AND OTHER RENEWABLE ENERGY SOURCES LOCATED ON FARMS AND AGRICULTURAL ENTERPRISES IN NEW YORK STATE. SUCH STUDY WILL ALSO PROVIDE INFORMATION ON THE TOTAL AMOUNT OF ELECTRICITY PRODUCED, THE ESTIMATED ENERGY SAVINGS TO FARM CUSTOMERS WHO INSTALL ON-SITE RENEWABLE GENERATION AND THE ENVIRONMENTAL BENEFITS MEASURED IN AVOIDED EMISSIONS OF CARBON DIOXIDE AND OTHER POLLUTANTS. 3. SUCH STUDY WILL ALSO EXAMINE THE POSITIVE OR NEGATIVE IMPACTS OF STATE ENERGY POLICIES AND ENVIRONMENTAL REGULATIONS IN ASSISTING OR HINDERING ADDITIONAL DEPLOYMENT OF ON-FARM RENEWABLE GENERATION. FURTHER, IT WILL MAKE RECOMMENDATIONS ON POSSIBLE CHANGES IN REGULATORY POLICY, INCLUDING THE RULES AND REGULATIONS INCLUDED IN STATE RFP'S OR PON'S RELATED TO RENEWABLE ENERGY DEPLOYMENT THAT COULD LEAD TO THE EXPANSION OF SUCH ON-FARM RENEWABLE ENERGY DEVELOPMENT.
4. THE STUDY SHALL PROVIDE A BREAKDOWN OF THE REQUIRED INFORMATION BY COUNTY AND ALSO IN THE AGGREGATE STATEWIDE. ELECTRONIC VERSIONS OF THIS REPORT WHICH SHALL BE ENTITLED THE "NEW YORK ON-FARM RENEWABLE ENERGY SURVEY" SHALL BE MADE AVAILABLE ON THE WEBSITES OF NYSERDA AND THE DEPARTMENT, AND WRITTEN COPIES SHALL BE TRANSMITTED TO THE GOVERNOR, THE TEMPORARY PRESIDENT OR PRESIDENTS OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF THE SENATE ENERGY AND TELECOMMUNICATIONS COMMIT- TEE, THE CHAIR OF THE ASSEMBLY ENERGY COMMITTEE, THE CHAIR OF THE SENATE AGRICULTURE COMMITTEE AND THE CHAIR OF THE ASSEMBLY AGRICULTURE COMMIT- TEE. 5. FUNDING FOR THE STUDY SHALL BE PROVIDED BY NYSERDA AND FROM FUNDS COLLECTED THROUGH THE RENEWABLE PORTFOLIO STANDARD, THE ENERGY EFFICIEN- CY PORTFOLIO STANDARD, THE SYSTEMS BENEFIT CHARGE OR ANOTHER DEDICATED FUND OF THE AUTHORITY, NOT SUBJECT TO BUDGETARY APPROPRIATION. S 7. This act shall take effect immediately.

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