[§269-27.7]  Preferential electricity rates; protected agriculture.  (a)  The public utilities commission may establish preferential electricity rates for agricultural activities that utilize protected agriculture to produce fruits or vegetables for distribution; provided that the protected agriculture includes reasonable efforts to incorporate cost-effective renewable energy sources and energy efficiency measures.

     (b)  In considering preferential rates, the public utilities commission shall ensure that any subsidization being paid by other customers is limited and reasonable and shall periodically review and adjust the rate, if necessary.

     (c)  A public utility shall provide a request for preferential electricity rates to the public utilities commission for approval upon receipt of:

     (1)  A bona fide request for preferential electricity rates for agricultural activities that utilize protected agriculture to produce fruits or vegetables for distribution; and

     (2)  Proof that the fruits or vegetables cited in the request are produced in a manner consistent with this section.

     (d)  For purposes of this section, "protected agriculture" means any crop production technologies or techniques that partially or fully control a plant's micro-climate to target the particular requirements of the species; provided that the term shall not include agricultural activities that produce medical cannabis. [L 2019, c 203, §2]