S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1750
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 12, 2015
                                      ___________
       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:
    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  AN ELECTRIC PLANT USEFUL FOR THE DISTRIBUTION OF ELEC-
   11  TRICITY SHALL IMPOSE ON ANY CUSTOMER THAT IS  A  QUALIFYING  FARMER  ANY
   12  FEE, PENALTY OR CHARGE OF ANY KIND OTHER THAN ITS CHARGES BASED UPON THE
   13  COST  OF  SERVICES  ACTUALLY PROVIDED TO SUCH CUSTOMER, FOR ELECTRICITY,
   14  TRANSMISSION, DISTRIBUTION, METERING, BILLING AND CUSTOMER SERVICES.  NO
   15  ELECTRIC  CORPORATION OR MUNICIPALITY SHALL IMPLEMENT POLICIES OR PROCE-
   16  DURES THAT WOULD PREVENT QUALIFYING FARMERS FROM INSTALLING AND  OPERAT-
   17  ING 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.
                                                                  LBD05594-01-5
       A. 1750                             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-EIGHT, AS DETERMINED BY THE DEPART-
   11  MENT, OR SEPTEMBER FIRST, TWO THOUSAND TWENTY, 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, 2020, 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.