Bill Text: NY S06958 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to "power purchase agreements" concerning energy technologies eligible for net metering.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-06-20 - COMMITTED TO RULES [S06958 Detail]

Download: New_York-2013-S06958-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6958
                                   I N  S E N A T E
                                     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
       AN  ACT  to  amend  the  energy  law,  in  relation to authorizing power
         purchase agreements
         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 A SOLAR PHOTOVOLTAIC
    5  ARRAY, WHERE A THIRD PARTY OWNER  (NON-AGENCY  OR  NON-MUNICIPAL  OWNER)
    6  GENERATES  ELECTRICITY FROM THE SOLAR PHOTOVOLTAIC ARRAY (WHETHER OR NOT
    7  THE SOLAR PHOTOVOLTAIC ARRAY IS LOCATED AT THE POINT OF CONSUMPTION) AND
    8  SELLS THE RESULTING ELECTRICITY TO  AN  AGENCY  OR  MUNICIPALITY  FOR  A
    9  PRICE, VOLUME AND DURATION AS SET FORTH IN THE AGREEMENT.
   10    S  2.  The energy law is amended by adding a new section 9-104 to read
   11  as follows:
   12    S 9-104. POWER  PURCHASE  AGREEMENTS.  1.  NOTWITHSTANDING  ANY  OTHER
   13  PROVISION  OF  LAW OR JUDICIAL DECISION (INCLUDING ANY THAT RESTRICT THE
   14  AUTHORITY OF A GOVERNING BODY OF  AN  AGENCY  OR  MUNICIPALITY  TO  BIND
   15  SUBSEQUENT GOVERNING BODIES OF SUCH AGENCY OR MUNICIPALITY), ANY AGENCY,
   16  MUNICIPALITY,  OR  PUBLIC  AUTHORITY, IN ADDITION TO EXISTING POWERS, IS
   17  AUTHORIZED TO ENTER INTO POWER PURCHASE AGREEMENTS OF UP TO  THIRTY-FIVE
   18  YEARS  DURATION,  PROVIDED  THAT THE DURATION OF ANY SUCH CONTRACT SHALL
   19  NOT EXCEED THE REASONABLY EXPECTED USEFUL LIFE OF THE ENERGY  FACILITIES
   20  OR EQUIPMENT SUBJECT TO SUCH AGREEMENT.
   21    2.  POWER  PURCHASE  AGREEMENTS  SHALL  NOT BE REQUIRED TO INCLUDE THE
   22  CLAUSE SET FORTH IN SUBDIVISION TWO OF SECTION 9-103 OF THIS ARTICLE.
   23    3. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW  OR  JUDICIAL  DECISION
   24  (INCLUDING  ANY  THAT  RESTRICT  THE AUTHORITY OF A GOVERNING BODY OF AN
   25  AGENCY OR MUNICIPALITY TO BIND SUBSEQUENT GOVERNING BODIES OF SUCH AGEN-
   26  CY OR MUNICIPALITY), POWER PURCHASE AGREEMENTS SHALL ONLY BE VOID, VOID-
   27  ABLE OR TERMINABLE BY EITHER THE THIRD PARTY OWNER OR THE AGENCY,  MUNI-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14604-01-4
       S. 6958                             2
    1  CIPALITY  OR PUBLIC AUTHORITY FOR NON-PERFORMANCE BY THE OTHER PARTY, AS
    2  SET FORTH IN THE POWER PURCHASE AGREEMENT.
    3    4.  IN  THE CASE OF A SCHOOL DISTRICT OR A BOARD OF COOPERATIVE EDUCA-
    4  TIONAL SERVICES, A POWER PURCHASE AGREEMENT SHALL BE AN ORDINARY CONTIN-
    5  GENT EXPENSE, AND SHALL IN NO EVENT BE CONSTRUED AS OR DEEMED A LEASE OR
    6  LEASE-PURCHASE OF A BUILDING OR FACILITY, FOR PURPOSES OF THE  EDUCATION
    7  LAW.
    8    5.  AGENCIES, MUNICIPALITIES, AND PUBLIC AUTHORITIES ARE ENCOURAGED TO
    9  CONSULT WITH AND SEEK ADVICE AND ASSISTANCE  FROM  THE  NEW  YORK  STATE
   10  ENERGY  RESEARCH  AND  DEVELOPMENT  AUTHORITY  CONCERNING POWER PURCHASE
   11  AGREEMENTS.
   12    6. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN ORDER TO  CONVEY  AN
   13  INTEREST  IN  REAL PROPERTY NECESSARY FOR THE CONSTRUCTION OF FACILITIES
   14  OR THE OPERATION OF EQUIPMENT PROVIDED FOR IN A  POWER  PURCHASE  AGREE-
   15  MENT,  ANY  AGENCY,  MUNICIPALITY  OR  PUBLIC AUTHORITY MAY ENTER INTO A
   16  LEASE OR LICENSE OF SUCH REAL PROPERTY TO WHICH IT HOLDS TITLE OR  WHICH
   17  IS  UNDER  ITS  ADMINISTRATIVE  JURISDICTION  AS  IS  NECESSARY FOR SUCH
   18  CONSTRUCTION OR OPERATION, WITH A POWER PURCHASE AGREEMENT, FOR THE SAME
   19  LENGTH OF TIME AS THE TERM OF SUCH POWER PURCHASE AGREEMENT, AND ON SUCH
   20  TERMS AND CONDITIONS AS MAY BE AGREEABLE TO  THE  PARTIES  THERETO,  AND
   21  NOTWITHSTANDING  THAT SUCH REAL PROPERTY MAY REMAIN USEFUL TO SUCH AGEN-
   22  CY, MUNICIPALITY OR PUBLIC AUTHORITY FOR THE PURPOSE FOR WHICH SUCH REAL
   23  PROPERTY WAS ORIGINALLY ACQUIRED OR DEVOTED OR FOR WHICH SUCH REAL PROP-
   24  ERTY IS BEING USED.
   25    7. SECTIONS ONE HUNDRED THREE AND ONE HUNDRED NINE-B  OF  THE  GENERAL
   26  MUNICIPAL  LAW  SHALL APPLY TO THE PROCUREMENT OR ACQUISITION OF A POWER
   27  PURCHASE AGREEMENT AS CONTEMPLATED BY THIS SECTION.
   28    8. THE COMMISSIONER OF EDUCATION SHALL NOT BE REQUIRED  TO  DEVELOP  A
   29  FORM  OF PRE-APPROVED POWER PURCHASE AGREEMENT OR BE REQUIRED TO APPROVE
   30  ANY POWER PURCHASE AGREEMENTS TO BE EXECUTED BY A  PARTY  IN  CONNECTION
   31  WITH THIS, BUT IS AUTHORIZED TO DEVELOP RULES AND REGULATIONS CONCERNING
   32  THE  PROCESS  FOR  ISSUING  BUILDING  PERMITS  AND OPERATIONAL SAFETY IN
   33  RELATION TO THE INSTALLATION AND OPERATION OF SOLAR PHOTOVOLTAIC ARRAYS.
   34    S 3. This act shall take effect immediately.
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