Bill Text: NY A02458 | 2009-2010 | General Assembly | Introduced
Bill Title: Prohibits extra charges on farmers for electric service and prohibits limitations on farmers installing and operating on-site electric generation equipment and related technology.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2011-01-18 - referred to energy [A02458 Detail]
Download: New_York-2009-A02458-Introduced.html
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.