S06958 Summary:

Amd S9-102, add S9-104, Energy L
Relates to "power purchase agreements" concerning energy technologies eligible for net metering.
Go to top    

S06958 Actions:

05/08/2014PRINT NUMBER 6958A
05/13/20141ST REPORT CAL.667
05/14/20142ND REPORT CAL.
Go to top

S06958 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

S06958 Text:

                STATE OF NEW YORK
                    IN SENATE
                                      April 9, 2014
        Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
          printed to be committed to the Committee on  Energy  and  Telecommuni-
          cations  --  committee  discharged, bill amended, 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 or judicial decision (including any that  restrict  the
    16  authority  of  a  governing  body  of  an agency or municipality to bind
    17  subsequent governing bodies of such agency or municipality), any agency,
    18  municipality, or public authority, in addition to  existing  powers,  is
    19  authorized  to enter into power purchase agreements of up to thirty-five
    20  years duration, provided that the duration of any  such  contract  shall
    21  not  exceed the reasonably expected useful life of the energy facilities

    22  or equipment subject to such agreement.
    23    2. Power purchase agreements shall not  be  required  to  include  the
    24  clause set forth in subdivision two of section 9-103 of this article.
    25    3.  Notwithstanding  any  other provisions of law or judicial decision
    26  (including any that restrict the authority of a  governing  body  of  an
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 6958--A                          2
     1  agency or municipality to bind subsequent governing bodies of such agen-
     2  cy or municipality), power purchase agreements shall only be void, void-

     3  able  or terminable by either the third party owner or the agency, muni-
     4  cipality  or public authority for non-performance by the other party, as
     5  set forth in the power purchase agreement.
     6    4. In the case of a school district or a board of  cooperative  educa-
     7  tional services, a power purchase agreement shall be an ordinary contin-
     8  gent expense, and shall in no event be construed as or deemed a lease or
     9  lease-purchase  of a building or facility, for purposes of the education
    10  law.
    11    5. Agencies, municipalities, and public authorities are encouraged  to
    12  consult  with  and  seek  advice  and assistance from the New York state
    13  energy research and  development  authority  concerning  power  purchase
    14  agreements.

    15    6.  Notwithstanding  any other provision of law, in order to convey an
    16  interest in real property necessary for the construction  of  facilities
    17  or  the  operation  of equipment provided for in a power purchase agree-
    18  ment, any agency, municipality or public  authority  may  enter  into  a
    19  lease  or license of such real property to which it holds title or which
    20  is under its  administrative  jurisdiction  as  is  necessary  for  such
    21  construction or operation, with a power purchase agreement, for the same
    22  length of time as the term of such power purchase agreement, and on such
    23  terms  and  conditions  as  may be agreeable to the parties thereto, and
    24  notwithstanding that such real property may remain useful to such  agen-

    25  cy, municipality or public authority for the purpose for which such real
    26  property was originally acquired or devoted or for which such real prop-
    27  erty is being used.
    28    7.  Sections  one  hundred three and one hundred nine-b of the general
    29  municipal law shall apply to the procurement or acquisition of  a  power
    30  purchase agreement as contemplated by this section.
    31    8.  The  commissioner  of education shall not be required to develop a
    32  form of pre-approved power purchase agreement or be required to  approve
    33  any  power  purchase  agreements to be executed by a party in connection
    34  with this, but is authorized to develop rules and regulations concerning
    35  the process for issuing  building  permits  and  operational  safety  in

    36  relation to the installation and operation of energy technologies eligi-
    37  ble  for  net  energy metering pursuant to section sixty-six-j or sixty-
    38  six-l of the public service law.
    39    § 3. This act shall take effect immediately.
Go to top