A00036 Summary:

BILL NOA00036B
 
SAME ASNo Same As
 
SPONSORPaulin
 
COSPNSRBrindisi, Barrett, Buchwald, Gunther, Lifton, Mosley, Otis, Skartados, Steck, Zebrowski, Galef, Ryan, Englebright, Skoufis, Rosenthal, Sepulveda, Lupardo, Schimel, Quart, Fahy
 
MLTSPNSRBrennan, Cook, Magee, Rivera, Simanowitz, Thiele
 
Amd S9-102, add S9-104, Energy L
 
Relates to "power purchase agreements" concerning energy technologies eligible for net metering.
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A00036 Actions:

BILL NOA00036B
 
01/07/2015referred to energy
02/10/2015reported referred to ways and means
05/07/2015amend and recommit to ways and means
05/07/2015print number 36a
06/08/2015amend and recommit to ways and means
06/08/2015print number 36b
06/11/2015reported referred to rules
01/06/2016referred to energy
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A00036 Committee Votes:

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A00036 Floor Votes:

There are no votes for this bill in this legislative session.
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A00036 Text:



 
                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.
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