senate Bill S3806C

Signed By Governor
2013-2014 Legislative Session

Relates to on-farm energy generation

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


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

do you support this bill?

Actions

view actions (22)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 31, 2013 signed chap.253
Jul 19, 2013 delivered to governor
Jun 05, 2013 returned to senate
passed assembly
ordered to third reading cal.465
substituted for a4997c
Jun 03, 2013 referred to energy
returned to assembly
repassed senate
May 29, 2013 amended on third reading 3806c
vote reconsidered - restored to third reading
May 29, 2013 returned to senate
recalled from assembly
Mar 25, 2013 referred to energy
delivered to assembly
passed senate
Mar 06, 2013 amended on third reading 3806b
Mar 04, 2013 advanced to third reading
Feb 28, 2013 2nd report cal.
amended 3806a
Feb 27, 2013 1st report cal.102
Feb 19, 2013 referred to energy and telecommunications

Votes

view votes

Feb 27, 2013 - Energy and Telecommunications committee Vote

S3806
11
0
committee
11
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Feb 27, 2013

Bill Amendments

Original
A
B
C (Active)
Original
A
B
C (Active)

Co-Sponsors

view additional co-sponsors

S3806 - Bill Details

See Assembly Version of this Bill:
A4997C
Law Section:
Energy Law
Laws Affected:
Amd §3-101, Energy L; amd §§66-j, Pub Serv L
Versions Introduced in 2013-2014 Legislative Session:
A4997C

S3806 - Bill Texts

view summary

Relates to on-farm energy generation.

view 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 full text
download pdf
                    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.

Co-Sponsors

view additional co-sponsors

S3806A - Bill Details

See Assembly Version of this Bill:
A4997C
Law Section:
Energy Law
Laws Affected:
Amd §3-101, Energy L; amd §§66-j, Pub Serv L
Versions Introduced in 2013-2014 Legislative Session:
A4997C

S3806A - Bill Texts

view summary

Relates to on-farm energy generation.

view sponsor memo
BILL NUMBER:S3806A

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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3806--A
    Cal. No. 102

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 19, 2013
                               ___________

Introduced  by  Sens. MAZIARZ, RITCHIE, CARLUCCI, DeFRANCISCO, GALLIVAN,
  GIPSON,  GRISANTI,  LARKIN,  LATIMER,  LIBOUS,  MONTGOMERY,  NOZZOLIO,
  RANZENHOFER,  SAMPSON, SAVINO, SEWARD, YOUNG -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Energy
  and  Telecommunications  --  reported  favorably  from said committee,
  ordered to first report, amended on first report, ordered to a  second
  report,  and  to  be  reprinted as amended, retaining its place in the
  order of second report

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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
S                                                          LBD08712-02-3

S. 3806--A                          2

  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:
  (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 two thousand kilowatts; and (ii) that is  manufactured,
installed,  and  operated  in  accordance with applicable government and
industry standards, that is connected to the electric system  and  oper-
ated  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

S. 3806--A                          3

PON'S RELATED TO RENEWABLE ENERGY DEPLOYMENT  THAT  COULD  LEAD  TO  THE
EXPANSION OF SUCH ON-FARM RENEWABLE ENERGY DEVELOPMENT.
  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.

Co-Sponsors

view additional co-sponsors

S3806B - Bill Details

See Assembly Version of this Bill:
A4997C
Law Section:
Energy Law
Laws Affected:
Amd §3-101, Energy L; amd §§66-j, Pub Serv L
Versions Introduced in 2013-2014 Legislative Session:
A4997C

S3806B - Bill Texts

view summary

Relates to on-farm energy generation.

view sponsor memo
BILL NUMBER:S3806B

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-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.

LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: Immediately

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3806--B
    Cal. No. 102

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 19, 2013
                               ___________

Introduced  by  Sens. MAZIARZ, RITCHIE, CARLUCCI, DeFRANCISCO, GALLIVAN,
  GIPSON,  GRISANTI,  LARKIN,  LATIMER,  LIBOUS,  MONTGOMERY,  NOZZOLIO,
  RANZENHOFER,  SAMPSON, SAVINO, SEWARD, YOUNG -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Energy
  and  Telecommunications  --  reported  favorably  from said committee,
  ordered to first report, amended on first report, ordered to a  second
  report,  and  to  be  reprinted as amended, retaining its place in the
  order of second report -- ordered to  a  third  reading,  amended  and
  ordered reprinted, retaining its place in the order of third reading

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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08712-04-3

S. 3806--B                          2

  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:
  (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 two thousand kilowatts; and (ii) that is  manufactured,
installed,  and  operated  in  accordance with applicable government and
industry standards, that is connected to the electric system  and  oper-
ated  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. This act shall take effect immediately.

Co-Sponsors

view additional co-sponsors

S3806C (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A4997C
Law Section:
Energy Law
Laws Affected:
Amd §3-101, Energy L; amd §§66-j, Pub Serv L
Versions Introduced in 2013-2014 Legislative Session:
A4997C

S3806C (ACTIVE) - Bill Texts

view summary

Relates to on-farm energy generation.

view sponsor memo
BILL NUMBER:S3806C

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-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 led 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 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.

LEGISLATIVE HISTORY:


New Bill

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

Immediately

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3806--C
    Cal. No. 102

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 19, 2013
                               ___________

Introduced  by  Sens.  MAZIARZ, RITCHIE, BONACIC, CARLUCCI, DeFRANCISCO,
  GALLIVAN, GIPSON, GRISANTI, LARKIN, LATIMER, LIBOUS, MARCHIONE,  MONT-
  GOMERY,  NOZZOLIO, RANZENHOFER, SAMPSON, SAVINO, SEWARD, YOUNG -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on Energy and Telecommunications -- reported favorably from
  said committee, ordered to first  report,  amended  on  first  report,
  ordered  to a second report, and to be reprinted as amended, retaining
  its place in the order of second report -- ordered to a third reading,
  amended and ordered reprinted, retaining its place  in  the  order  of
  third  reading  --  passed  by  Senate  and delivered to the Assembly,
  recalled, vote reconsidered, restored to third  reading,  amended  and
  ordered reprinted, retaining its place in the order of third reading

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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08712-07-3

S. 3806--C                          2

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:
  (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 CUSTOMER WHO OWNS OR OPER-
ATES  A  FARM OPERATION AS SUCH TERM IS DEFINED IN SUBDIVISION ELEVEN OF
SECTION THREE HUNDRED ONE OF THE AGRICULTURE AND MARKETS LAW UTILIZING A
RESIDENTIAL 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 two thousand kilowatts; and (ii) that is
manufactured, installed, and  operated  in  accordance  with  applicable
government  and  industry  standards,  that is connected to the electric
system and operated in conjunction with an electric corporation's trans-
mission and distribution facilities, and that is operated in  compliance
with any standards and requirements established under this section.
  S 4. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.