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

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