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.
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