Bill Text: NY S02153 | 2013-2014 | General Assembly | Introduced

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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) 2014-01-08 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S02153 Detail]

Download: New_York-2013-S02153-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2153
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   January 14, 2013
                                      ___________
       Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
         printed to be committed to the Committee on  Energy  and  Telecommuni-
         cations
       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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04733-01-3
       S. 2153                             2
    1  THE FARMER CONTINUES TO MAINTAIN ACCESS TO TRANSMISSION AND DISTRIBUTION
    2  SERVICES OR VOLUNTARILY DISCONNECTS ACCESS TO TRANSMISSION AND  DISTRIB-
    3  UTION  SERVICES)  AND  FILES  A  NOTIFICATION  THEREOF WITH THE ELECTRIC
    4  CORPORATION OR MUNICIPALITY, WITH A COPY TO THE DEPARTMENT, PRIOR TO THE
    5  CUT-OFF DATE.
    6    (III)  "CUT-OFF  DATE"  FOR EACH SERVICE TERRITORY MEANS THE DATE WHEN
    7  THE ELECTRIC CORPORATION OR MUNICIPALITY SERVING SUCH SERVICE  TERRITORY
    8  SHALL  HAVE RECEIVED NOTIFICATIONS FROM QUALIFYING FARMERS SUCH THAT THE
    9  SUM OF THE RATED GENERATING CAPACITY SHOWN ON SUCH  NOTIFICATIONS  SHALL
   10  EQUAL  OR  EXCEED  ONE-TENTH OF ONE PERCENT OF ITS TOTAL ELECTRIC DEMAND
   11  FOR THE YEAR NINETEEN HUNDRED NINETY-EIGHT, AS DETERMINED BY THE DEPART-
   12  MENT, OR SEPTEMBER FIRST, TWO THOUSAND EIGHTEEN, WHICHEVER OCCURS FIRST.
   13    S 3. Subdivision 28 of section 66 of the public service law, as  added
   14  by chapter 82 of the laws of 1998, is amended to read as follows:
   15    28.  No  revenues  foregone by an electric corporation, as a result of
   16  subjecting certain veterans' organizations [with] TO  rates  or  charges
   17  applicable to domestic consumers pursuant to section seventy-six of this
   18  article  OR  AS A RESULT OF PROHIBITING CERTAIN CHARGES RELATED TO ELEC-
   19  TRIC SERVICE PROVIDED  TO  FARMERS  PURSUANT  TO  SUBDIVISION  SIX-A  OF
   20  SECTION  SIXTY-FIVE OF THIS ARTICLE, shall be recovered from the custom-
   21  ers of such corporation.
   22    S 4. This act shall take effect immediately and shall be deemed to  be
   23  repealed September 1, 2018, except that the provisions of this act shall
   24  continue  to  apply  to a customer who is a qualifying farmer as long as
   25  such on-site electric generation system remains in use.