S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4768
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2017
                                ___________
 
 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:
 
   Section 1. Legislative intent. The legislature finds and declares that
 the  installation  of  on-site electric generation systems would address
 the high energy costs of farmers and would result in  the  creation  and
 retention  of  jobs  in  New  York  state. Barriers to such installation
 should be removed to encourage private investment in these  technologies
 and to stimulate economic growth.
   §  2.  Section 65 of the public service law is amended by adding a new
 subdivision 6-a to read as follows:
   6-A. CERTAIN CHARGES PROHIBITED. (A) NO ELECTRIC CORPORATION OR  MUNI-
 CIPALITY  OWNING  AN ELECTRIC PLANT USEFUL FOR THE DISTRIBUTION OF ELEC-
 TRICITY SHALL IMPOSE ON ANY CUSTOMER THAT IS  A  QUALIFYING  FARMER  ANY
 FEE, PENALTY OR CHARGE OF ANY KIND OTHER THAN ITS CHARGES BASED UPON THE
 COST  OF  SERVICES  ACTUALLY PROVIDED TO SUCH CUSTOMER, FOR ELECTRICITY,
 TRANSMISSION, DISTRIBUTION, METERING, BILLING AND CUSTOMER SERVICES.  NO
 ELECTRIC  CORPORATION OR MUNICIPALITY SHALL IMPLEMENT POLICIES OR PROCE-
 DURES THAT WOULD PREVENT QUALIFYING FARMERS FROM INSTALLING AND  OPERAT-
 ING ON-SITE GENERATION EQUIPMENT AND RELATED TECHNOLOGY.
   (B) FOR THE PURPOSE OF THIS SUBDIVISION:
   (I)  "FARMER"  MEANS  A  PERSON  WHOSE  FEDERAL GROSS INCOME FROM FARM
 PRODUCTION FOR THE PREVIOUS TAXABLE  YEAR  WAS  AT  LEAST  TEN  THOUSAND
 DOLLARS.
   (II) "QUALIFYING FARMER" MEANS A FARMER THAT INSTALLS AN ON-SITE ELEC-
 TRIC  GENERATION  SYSTEM  TO PROVIDE ELECTRIC SERVICE TO A FARM (WHETHER
 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.
              

                                                            LBD08801-01-7

 A. 4768                             2
 
 SERVICES OR VOLUNTARILY DISCONNECTS ACCESS TO TRANSMISSION AND  DISTRIB-
 UTION  SERVICES)  AND  FILES  A  NOTIFICATION  THEREOF WITH THE ELECTRIC
 CORPORATION OR MUNICIPALITY, WITH A COPY TO THE DEPARTMENT, PRIOR TO THE
 CUT-OFF DATE.
   (III)  "CUT-OFF  DATE"  FOR EACH SERVICE TERRITORY MEANS THE DATE WHEN
 THE ELECTRIC CORPORATION OR MUNICIPALITY SERVING SUCH SERVICE  TERRITORY
 SHALL  HAVE RECEIVED NOTIFICATIONS FROM QUALIFYING FARMERS SUCH THAT THE
 SUM OF THE RATED GENERATING CAPACITY SHOWN ON SUCH  NOTIFICATIONS  SHALL
 EQUAL  OR  EXCEED  ONE-TENTH OF ONE PERCENT OF ITS TOTAL ELECTRIC DEMAND
 FOR THE YEAR NINETEEN HUNDRED NINETY-EIGHT, AS DETERMINED BY THE DEPART-
 MENT, OR SEPTEMBER FIRST, TWO THOUSAND TWENTY, WHICHEVER OCCURS FIRST.
   § 3. Subdivision 28 of section 66 of the public service law, as  added
 by chapter 82 of the laws of 1998, is amended to read as follows:
   28.  No  revenues  foregone by an electric corporation, as a result of
 subjecting certain veterans' organizations [with] TO  rates  or  charges
 applicable to domestic consumers pursuant to section seventy-six of this
 article  OR  AS A RESULT OF PROHIBITING CERTAIN CHARGES RELATED TO ELEC-
 TRIC SERVICE PROVIDED  TO  FARMERS  PURSUANT  TO  SUBDIVISION  SIX-A  OF
 SECTION  SIXTY-FIVE OF THIS ARTICLE, shall be recovered from the custom-
 ers of such corporation.
   § 4. This act shall take effect immediately and shall be deemed to  be
 repealed September 1, 2022, except that the provisions of this act shall
 continue  to  apply  to a customer who is a qualifying farmer as long as
 such on-site electric generation system remains in use.