Bill Text: NY S03613 | 2015-2016 | General Assembly | Amended

---

Bill Title: Relates to "power purchase agreements" concerning energy technologies eligible for net metering.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S03613 Detail]

Download: New_York-2015-S03613-Amended.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3613--A
           Cal. No. 456
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 13, 2015
                                      ___________
       Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
         printed to be committed to the Committee on  Energy  and  Telecommuni-
         cations  --  reported  favorably from said committee, ordered to first
         and second report, ordered to a third  reading,  amended  and  ordered
         reprinted, retaining its place in the order of third reading
       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    S  2.  The energy law is amended by adding a new section 9-104 to read
   13  as follows:
   14    S 9-104. POWER  PURCHASE  AGREEMENTS.  1.  NOTWITHSTANDING  ANY  OTHER
   15  PROVISION  OF  LAW,  ANY  SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCA-
   16  TIONAL SERVICES, IN ADDITION TO EXISTING POWERS, IS AUTHORIZED TO  ENTER
   17  INTO  POWER  PURCHASE  AGREEMENTS,  OF UP TO THIRTY-FIVE YEARS DURATION,
   18  PROVIDED THAT THE DURATION OF ANY SUCH CONTRACT  SHALL  NOT  EXCEED  THE
   19  REASONABLY  EXPECTED  USEFUL  LIFE OF THE ENERGY FACILITIES OR EQUIPMENT
   20  SUBJECT TO SUCH AGREEMENT.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00536-09-5
       S. 3613--A                          2
    1    2. ANY PAYMENT DUE FROM A SCHOOL DISTRICT OR A  BOARD  OF  COOPERATIVE
    2  EDUCATIONAL  SERVICES UNDER A POWER PURCHASE AGREEMENT SHALL BE AN ORDI-
    3  NARY CONTINGENT EXPENSE.
    4    3. SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES ARE
    5  ENCOURAGED  TO  CONSULT WITH AND SEEK ADVICE AND ASSISTANCE FROM THE NEW
    6  YORK STATE ENERGY RESEARCH AND DEVELOPMENT  AUTHORITY  CONCERNING  POWER
    7  PURCHASE AGREEMENTS.
    8    4.  IN  ORDER TO CONVEY AN INTEREST IN REAL PROPERTY NECESSARY FOR THE
    9  CONSTRUCTION OF FACILITIES OR THE OPERATION OF EQUIPMENT PROVIDED FOR IN
   10  A POWER PURCHASE AGREEMENT, ANY SCHOOL DISTRICT OR BOARD OF  COOPERATIVE
   11  EDUCATIONAL  SERVICES  MAY  ENTER  INTO  A LEASE OR LICENSE OF SUCH REAL
   12  PROPERTY TO WHICH IT HOLDS TITLE OR WHICH IS  UNDER  ITS  ADMINISTRATIVE
   13  JURISDICTION  AS IS NECESSARY FOR SUCH CONSTRUCTION OR OPERATION, WITH A
   14  POWER PURCHASE AGREEMENT, FOR THE SAME LENGTH OF TIME  AS  THE  TERM  OF
   15  SUCH  POWER  PURCHASE  AGREEMENT, ON SUCH TERMS AND CONDITIONS AS MAY BE
   16  AGREEABLE TO THE PARTIES THERETO, AND SUBJECT TO THE VOTER REFERENDUM IN
   17  SCHOOL DISTRICTS IN WHICH THE VOTERS  APPROVE  THE  BUDGET  PURSUANT  TO
   18  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    S 3. This act shall take effect immediately.