STATE OF NEW YORK
________________________________________________________________________
36--B
2015-2016 Regular Sessions
IN ASSEMBLY(Prefiled)
January 7, 2015
___________
Introduced by M. of A. PAULIN, BRINDISI, BARRETT, BUCHWALD, GUNTHER,
LIFTON, MOSLEY, OTIS, SKARTADOS, STECK, ZEBROWSKI, GALEF, RYAN, ENGLE-
BRIGHT, SKOUFIS, ROSENTHAL, SEPULVEDA, LUPARDO, SCHIMEL, QUART, FAHY
-- Multi-Sponsored by -- M. of A. BRENNAN, CLARK, COOK, MAGEE, RIVERA,
SIMANOWITZ, THIELE -- read once and referred to the Committee on Ener-
gy -- reported and referred to the Committee on Ways and Means --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- again reported from said committee
with amendments, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the energy law, in relation to energy technologies
eligible for net metering
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 9-102 of the energy law is amended by adding a new
2 subdivision 5 to read as follows:
3 5. "Power purchase agreement" means an agreement in connection with
4 the installation, maintenance and management of an energy technology
5 eligible for net energy metering pursuant to section sixty-six-j or
6 sixty-six-l of the public service law, where a third party owner (non-a-
7 gency or non-municipal owner) generates electricity from such energy
8 technology (whether or not such energy technology is located at the
9 point of consumption) and sells the resulting electricity to an agency
10 or municipality for a price, volume and duration as set forth in the
11 agreement.
12 § 2. The energy law is amended by adding a new section 9-104 to read
13 as follows:
14 § 9-104. Power purchase agreements. 1. Notwithstanding any other
15 provision of law, any school district, in addition to existing powers,
16 is authorized to enter into power purchase agreements, provided that the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00536-06-5
A. 36--B 2
1 duration of any such contract shall not exceed the reasonably expected
2 useful life of the energy facilities or equipment subject to such agree-
3 ment.
4 2. Any payment due from a school district under a power purchase
5 agreement shall be an ordinary contingent expense.
6 3. School districts are encouraged to consult with and seek advice and
7 assistance from the New York state energy research and development
8 authority concerning power purchase agreements.
9 4. In order to convey an interest in real property necessary for the
10 construction of facilities or the operation of equipment provided for in
11 a power purchase agreement, any school district may enter into a lease
12 or license of such real property to which it holds title or which is
13 under its administrative jurisdiction as is necessary for such
14 construction or operation, with a power purchase agreement, for the same
15 length of time as the term of such power purchase agreement, on such
16 terms and conditions as may be agreeable to the parties thereto, and
17 subject to the voter referendum in school districts in which the voters
18 approve the budget pursuant to article forty-one of the education law.
19 5. Sections one hundred three and one hundred nine-b of the general
20 municipal law shall apply to the procurement or acquisition of a power
21 purchase agreement as contemplated by this section.
22 6. The commissioner of education is authorized to develop rules and
23 regulations concerning the process for issuing building permits and
24 operational safety in relation to the installation and operation of
25 energy technologies eligible for net energy metering pursuant to section
26 sixty-six-j or sixty-six-l of the public service law.
27 § 3. This act shall take effect immediately.