senate Bill S3806

Signed by Governor Amended

Relates to on-farm energy generation

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 19 / Feb / 2013
    • REFERRED TO ENERGY AND TELECOMMUNICATIONS
  • 27 / Feb / 2013
    • 1ST REPORT CAL.102
  • 28 / Feb / 2013
    • AMENDED 3806A
  • 28 / Feb / 2013
    • 2ND REPORT CAL.
  • 04 / Mar / 2013
    • ADVANCED TO THIRD READING
  • 06 / Mar / 2013
    • AMENDED ON THIRD READING 3806B
  • 25 / Mar / 2013
    • PASSED SENATE
  • 25 / Mar / 2013
    • DELIVERED TO ASSEMBLY
  • 25 / Mar / 2013
    • REFERRED TO ENERGY
  • 29 / May / 2013
    • RECALLED FROM ASSEMBLY
  • 29 / May / 2013
    • RETURNED TO SENATE
  • 29 / May / 2013
    • VOTE RECONSIDERED - RESTORED TO THIRD READING
  • 29 / May / 2013
    • AMENDED ON THIRD READING 3806C
  • 03 / Jun / 2013
    • REPASSED SENATE
  • 03 / Jun / 2013
    • RETURNED TO ASSEMBLY
  • 03 / Jun / 2013
    • REFERRED TO ENERGY
  • 05 / Jun / 2013
    • SUBSTITUTED FOR A4997C
  • 05 / Jun / 2013
    • ORDERED TO THIRD READING CAL.465
  • 05 / Jun / 2013
    • PASSED ASSEMBLY
  • 05 / Jun / 2013
    • RETURNED TO SENATE
  • 19 / Jul / 2013
    • DELIVERED TO GOVERNOR
  • 31 / Jul / 2013
    • SIGNED CHAP.253

Summary

Relates to on-farm energy generation.

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Bill Details

Versions:
S3806
S3806A
S3806B
S3806C
Legislative Cycle:
2013-2014
Law Section:
Energy Law
Laws Affected:
Amd §3-101, add §17-104, Energy L; amd §§66-j & 66-l, Pub Serv L
Versions Introduced in 2013-2014 Legislative Cycle:
A4997C

Votes

11
0
11
Aye
0
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Energy and Telecommunications committee vote details

Sponsor Memo

BILL NUMBER:S3806

TITLE OF BILL: An act to amend the energy law and the public service
law, in relation to net-metering and on-farm energy generation

PURPOSE: To reduce interconnection fees for farms that install
renewable energy, increase the size of solar arrays allowed for farms
on residential meters, lower farmers utility bills and expand our
state's agricultural economy.

SUMMARY OF PROVISIONS:

Section 1-cites the name of the act as the "Repower New York Farms
Act"

Section 2-Amends subdivisions 1,2 and 3 of section 3-101 of the energy
law to include specific references to agriculture in the policy
direction given in statute to the State Energy Planning Board

Section 3-Amends subdivision 1 section 66-J of the public service law
to allow a farm operation operating on a residential meter to install
a solar energy system of up to 100 KW

Section 4-Amends subdivision 3 of section 66-J of the public service
law to reduce the maximum interconnection cost that may be charged to
a farm operator installing a farm waste electric generating system to
$2500

Section 5-Amends subdivision 3 of section 66-1 of the public service
law to reduce the maximum interconnection fee that can be charged to a
farm service customer generator to $375.

Section 6-Amends the state energy law by adding a new section 17-104
that requires a study in every even numbered year in relation to the
deployment of on-farm renewable generation.

Section 7- Sets forth the effective date

JUSTIFICATION: New York State is an agricultural leader when it comes
to the production of dairy products, apples and many other important
commodities. We also have seen an explosion in the growth of wineries,
farm breweries and other businesses that are tied directly to our
state's agricultural economy. The yogurt boom upstate has lead to a
need for expanded milk production, and has spurred the growth of a new
food processing manufacturing sector. This agricultural economic
engine in upstate New York has in turn lead to an increased demand for
fresh agricultural products in and around New York City, including an
expansion of green markets and farmers markets. Investing in these
enterprises would allow farmers to have more access to the millions of
consumers in the New York City Metro area. In order to provide
farmers with more capital to invest in their farm operations and in
expanding their lines of distribution and retail sales into New York
City, we must provide more relief from the ever increasing cost of
energy.

This bill, by reducing interconnection costs for renewable energy and
increasing the size of solar units that can be deployed to farm


operations with residential meters, will lead to more on-farm
renewable generation and therefore lower utility bills and more
investment capital for farmers.

This bill also seeks to add sections to the energy law to ensure that
agricultural interests are taken into account by the State energy
planning board and that a report is generated every other year to
measure the growth of on-farm renewable generation in our state.

LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: Immediately

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3806

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 19, 2013
                               ___________

Introduced  by  Sens.  MAZIARZ,  RITCHIE, DeFRANCISCO, GRISANTI, LARKIN,
  LATIMER, LIBOUS, MONTGOMERY, NOZZOLIO, RANZENHOFER,  SAMPSON,  SAVINO,
  SEWARD  --  read  twice  and  ordered  printed, and when printed to be
  committed to the Committee on Energy and Telecommunications

AN ACT to amend the energy law and the public service law,  in  relation
  to net-metering and on-farm energy generation

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited  as  the  "repower
New York farms act".
  S  2.  Subdivisions  1,  2  and  3 of section 3-101 of the energy law,
subdivisions 2 and 3 as amended by chapter 820 of the laws of 1976,  are
amended to read as follows:
  1.  to  obtain and maintain an adequate and continuous supply of safe,
dependable and economical energy for the people  of  the  state  and  to
accelerate  development  and  use  within  the state of renewable energy
sources, all in order to promote the state's economic growth, to  create
employment  within  the  state,  to protect its environmental values AND
AGRICULTURAL HERITAGE, to husband its resources for future  generations,
and to promote the health and welfare of its people;
  2.  to encourage conservation of energy in the construction and opera-
tion of new commercial, industrial, AGRICULTURAL and residential  build-
ings, and in the rehabilitation of existing structures, through heating,
cooling, ventilation, lighting, insulation and design techniques and the
use of energy audits and life-cycle costing analysis;
  3.  to  encourage the use of performance standards in all energy-using
appliances, and in industrial, AGRICULTURAL and commercial  applications
of energy-using apparatus and processes;
  S  3.  Paragraph  (d)  of  subdivision 1 of section 66-j of the public
service law, as amended by chapter 7 of the laws of 2010, is amended  to
read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08712-01-3

S. 3806                             2

  (d)  "Solar electric generating equipment" means a photovoltaic system
(i) (A) in the case of a residential customer (OTHER THAN A FARM UTILIZ-
ING A RESIDENTIAL METER), with a rated capacity of not more  than  twen-
ty-five  kilowatts; [and] (B) IN THE CASE OF A FARM UTILIZING A RESIDEN-
TIAL METER WITH A RATED CAPACITY OF NOT MORE THAN ONE HUNDRED KILOWATTS;
AND (C) in the case of a non-residential customer, with a rated capacity
of not more than THE LESSER OF two thousand kilowatts OR SUCH CUSTOMER'S
PEAK LOAD AS MEASURED OVER THE PRIOR TWELVE MONTH PERIOD, OR IN THE CASE
THAT  SUCH  TWELVE MONTH PERIOD OF MEASUREMENT IS NOT AVAILABLE, THEN AS
DETERMINED BY THE COMMISSION BASED ON ITS ANALYSIS OF COMPARABLE FACILI-
TIES; and (ii) that is manufactured, installed, and operated in  accord-
ance   with  applicable  government  and  industry  standards,  that  is
connected to the electric system and operated  in  conjunction  with  an
electric  corporation's  transmission  and  distribution facilities, and
that is operated in  compliance  with  any  standards  and  requirements
established under this section.
  S  4.  Subparagraph  (ii) of paragraph (c) of subdivision 3 of section
66-j of the public service law, as amended by chapter 546 of the laws of
2011, is amended to read as follows:
  (ii) In the case of a customer-generator who  owns  or  operates  farm
waste electric generating equipment located and used at his or her "farm
operation,"  up  to  a  total amount of [five] TWO thousand FIVE HUNDRED
dollars per "farm operation"; and
  S 5.  Subparagraphs (i) and (ii) of paragraph (c) of subdivision 3  of
section  66-l  of the public service law, as amended by chapter 7 of the
laws of 2010, are amended to read as follows:
  (i) in the case of a residential[, farm  service]  or  non-residential
customer-generator with a combined rated capacity of not more than twen-
ty-five kilowatts, up to a maximum amount of seven hundred fifty dollars
AND  IN THE CASE OF A FARM SERVICE CUSTOMER-GENERATOR THE MAXIMUM AMOUNT
SHALL NOT EXCEED THREE HUNDRED SEVENTY-FIVE DOLLARS; and
  (ii) in the case of a farm service customer-generator with a  combined
rated  capacity of not more than five hundred kilowatts, up to a maximum
of [five] TWO thousand  FIVE HUNDRED dollars; and
  S 6.  The energy law is amended by adding a new section 17-104 to read
as follows:
  S 17-104. ON-FARM RENEWABLE ENERGY SURVEY. 1. BY JANUARY THIRTIETH  OF
EACH EVEN NUMBERED YEAR, THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP-
MENT  AUTHORITY (NYSERDA) IN COOPERATION WITH THE DEPARTMENT OF AGRICUL-
TURE AND MARKETS SHALL  PRODUCE  A  STUDY  MEASURING  THE  EXPANSION  OF
ON-FARM RENEWABLE ENERGY GENERATION IN NEW YORK STATE.
  2.  THE  STUDY  WILL  SPECIFICALLY  IDENTIFY AND MEASURE THE NUMBER OF
ANAEROBIC DIGESTERS, PHOTOVOLTAIC SYSTEMS, WIND ENERGY SYSTEMS AND OTHER
RENEWABLE ENERGY SOURCES LOCATED ON FARMS AND  AGRICULTURAL  ENTERPRISES
IN NEW YORK STATE. SUCH STUDY WILL ALSO PROVIDE INFORMATION ON THE TOTAL
AMOUNT  OF  ELECTRICITY  PRODUCED,  THE ESTIMATED ENERGY SAVINGS TO FARM
CUSTOMERS WHO INSTALL ON-SITE RENEWABLE GENERATION AND THE ENVIRONMENTAL
BENEFITS MEASURED IN AVOIDED  EMISSIONS  OF  CARBON  DIOXIDE  AND  OTHER
POLLUTANTS.
  3.  SUCH  STUDY  WILL ALSO EXAMINE THE POSITIVE OR NEGATIVE IMPACTS OF
STATE ENERGY POLICIES AND  ENVIRONMENTAL  REGULATIONS  IN  ASSISTING  OR
HINDERING   ADDITIONAL   DEPLOYMENT  OF  ON-FARM  RENEWABLE  GENERATION.
FURTHER, IT WILL MAKE RECOMMENDATIONS ON POSSIBLE CHANGES IN  REGULATORY
POLICY,  INCLUDING  THE RULES AND REGULATIONS INCLUDED IN STATE RFP'S OR
PON'S RELATED TO RENEWABLE ENERGY DEPLOYMENT  THAT  COULD  LEAD  TO  THE
EXPANSION OF SUCH ON-FARM RENEWABLE ENERGY DEVELOPMENT.

S. 3806                             3

  4.  THE STUDY SHALL PROVIDE A BREAKDOWN OF THE REQUIRED INFORMATION BY
COUNTY AND ALSO IN THE AGGREGATE STATEWIDE. ELECTRONIC VERSIONS OF  THIS
REPORT  WHICH  SHALL  BE ENTITLED THE "NEW YORK ON-FARM RENEWABLE ENERGY
SURVEY" SHALL BE MADE AVAILABLE ON  THE  WEBSITES  OF  NYSERDA  AND  THE
DEPARTMENT, AND WRITTEN COPIES SHALL BE TRANSMITTED TO THE GOVERNOR, THE
TEMPORARY  PRESIDENT  OR  PRESIDENTS  OF  THE SENATE, THE SPEAKER OF THE
ASSEMBLY, THE CHAIR OF THE SENATE ENERGY AND TELECOMMUNICATIONS  COMMIT-
TEE, THE CHAIR OF THE ASSEMBLY ENERGY COMMITTEE, THE CHAIR OF THE SENATE
AGRICULTURE  COMMITTEE AND THE CHAIR OF THE ASSEMBLY AGRICULTURE COMMIT-
TEE.
  5. FUNDING FOR THE STUDY SHALL BE PROVIDED BY NYSERDA AND  FROM  FUNDS
COLLECTED THROUGH THE RENEWABLE PORTFOLIO STANDARD, THE ENERGY EFFICIEN-
CY  PORTFOLIO  STANDARD, THE SYSTEMS BENEFIT CHARGE OR ANOTHER DEDICATED
FUND OF THE AUTHORITY, NOT SUBJECT TO BUDGETARY APPROPRIATION.
  S 7. This act shall take effect immediately.

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