[§209-10]  Agricultural water systems;
emergency power.  When the governor has declared that a disaster has
occurred for any portion of the State, pursuant to section 209-2, which results
in damage to an agricultural water system that necessitates the temporary use
of electrical power or backup generators to pump ground water for irrigation
until the system can be repaired, the person who controls, operates, or manages
the system may negotiate an agreement for the production of emergency power for
the agricultural water system.  The agreement shall terminate when the governor
determines that the disaster emergency relief period is terminated.



If the negotiated agreement is with an
independent power producer that is not currently regulated by the public utilities
commission, the execution of the agreement shall not cause the independent
power producer to become subject to the jurisdiction of the public utilities
commission. [L 2008, c 97, §2]