Bill Text: NY S00652 | 2011-2012 | General Assembly | Amended

New York Senate Bill 652 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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 4-0)

Status: (Introduced - Dead) 2012-01-25 - PRINT NUMBER 652A [S00652 Detail]

Download: New_York-2011-S00652-Amended.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        652--A
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by  Sens. VALESKY, CARLUCCI, KLEIN, SAVINO -- read twice and
         ordered printed, and when printed to be committed to the Committee  on
         Energy and Telecommunications -- recommitted to the Committee on Ener-
         gy  and Telecommunications in accordance with Senate Rule 6, sec. 8 --
         committee discharged, bill amended, ordered reprinted as  amended  and
         recommitted to said committee
       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:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03506-02-1
       S. 652--A                           2
    1    (I)  "FARMER"  MEANS  A  PERSON  WHOSE  FEDERAL GROSS INCOME FROM FARM
    2  PRODUCTION FOR THE PREVIOUS TAXABLE  YEAR  WAS  AT  LEAST  TEN  THOUSAND
    3  DOLLARS.
    4    (II) "QUALIFYING FARMER" MEANS A FARMER THAT INSTALLS AN ON-SITE ELEC-
    5  TRIC  GENERATION  SYSTEM  TO PROVIDE ELECTRIC SERVICE TO A FARM (WHETHER
    6  THE FARMER CONTINUES TO MAINTAIN ACCESS TO TRANSMISSION AND DISTRIBUTION
    7  SERVICES OR VOLUNTARILY DISCONNECTS ACCESS TO TRANSMISSION AND  DISTRIB-
    8  UTION  SERVICES)  AND  FILES  A  NOTIFICATION  THEREOF WITH THE ELECTRIC
    9  CORPORATION OR MUNICIPALITY, WITH A COPY TO THE DEPARTMENT, PRIOR TO THE
   10  CUT-OFF DATE.
   11    (III) "CUT-OFF DATE" FOR EACH SERVICE TERRITORY MEANS  THE  DATE  WHEN
   12  THE  ELECTRIC CORPORATION OR MUNICIPALITY SERVING SUCH SERVICE TERRITORY
   13  SHALL HAVE RECEIVED NOTIFICATIONS FROM QUALIFYING FARMERS SUCH THAT  THE
   14  SUM  OF  THE RATED GENERATING CAPACITY SHOWN ON SUCH NOTIFICATIONS SHALL
   15  EQUAL OR EXCEED ONE-TENTH OF ONE PERCENT OF ITS  TOTAL  ELECTRIC  DEMAND
   16  FOR THE YEAR NINETEEN HUNDRED NINETY-SEVEN, AS DETERMINED BY THE DEPART-
   17  MENT,  OR  SEPTEMBER  FIRST,  TWO  THOUSAND  SEVENTEEN, WHICHEVER OCCURS
   18  FIRST.
   19    S 3. Subdivision 28 of section 66 of the public service law, as  added
   20  by chapter 82 of the laws of 1998, is amended to read as follows:
   21    28.  No  revenues  foregone by an electric corporation, as a result of
   22  subjecting certain veterans' organizations [with] TO  rates  or  charges
   23  applicable to domestic consumers pursuant to section seventy-six of this
   24  article  OR  AS A RESULT OF PROHIBITING CERTAIN CHARGES RELATED TO ELEC-
   25  TRIC SERVICE PROVIDED  TO  FARMERS  PURSUANT  TO  SUBDIVISION  SIX-A  OF
   26  SECTION  SIXTY-FIVE OF THIS ARTICLE, shall be recovered from the custom-
   27  ers of such corporation.
   28    S 4. This act shall take effect immediately and shall be deemed to  be
   29  repealed September 1, 2017, except that the provisions of this act shall
   30  continue  to  apply  to a customer who is a qualifying farmer as long as
   31  such on-site electric generation system remains in use.