S T A T E O F N E W Y O R K
________________________________________________________________________
5381
2009-2010 Regular Sessions
I N S E N A T E
April 27, 2009
___________
Introduced by Sen. PARKER -- 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 energy performance
contracts in connection with public buildings and facilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 9-102 of the energy law, as added
by chapter 733 of the laws of 1985 is renumbered subdivision 12 and
amended, and eight new subdivisions 4, 5, 6, 7, 8, 9, 10 and 11 are
added to read as follows:
4. "ALTERNATIVE SOURCES OF ENERGY" MEANS ENERGY GENERATED THROUGH
HYDROELECTRIC, BIOMASS, GEOTHERMAL, WIND, SOLAR THERMAL, OR PHOTOVOLTAIC
MEANS.
5. "HYDROELECTRIC ENERGY" MEANS THE GENERATING OF ELECTRICITY BY
CONVERSION OF THE ENERGY OF RUNNING WATER.
6. "BIOMASS ENERGY" MEANS ENERGY GENERATED FROM ANY PLANT DERIVED
ORGANIC MATTER AVAILABLE ON A RENEWABLE BASIS, INCLUDING DEDICATED ENER-
GY CROPS AND TREES, AGRICULTURAL FOOD AND FEED CROPS, AGRICULTURAL CROP
WASTES, MUNICIPAL WASTES, AND OTHER WASTE MATERIALS.
7. "GEOTHERMAL ENERGY" MEANS ENERGY GENERATED THROUGH THE USE OF THE
TEMPERATURE OF THE EARTH.
8. "WIND ENERGY" MEANS ENERGY GENERATED THROUGH THE USE OF WIND.
9. "SOLAR THERMAL ENERGY" MEANS ENERGY GENERATED THROUGH THE HEAT OF
THE SUN.
10. "PHOTOVOLTAIC ENERGY" MEANS ENERGY GENERATED THROUGH THE USE OF
LIGHT.
11. "RENEWABLE ENERGY" MEANS ENERGY GENERATED FROM SOURCES THAT ARE
ESSENTIALLY INEXHAUSTIBLE. RENEWABLE SOURCES OF ENERGY INCLUDE ALL
ALTERNATIVE SOURCES OF ENERGY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05427-01-9
S. 5381 2
12. "Energy performance contract" means an agreement for the provision
of energy services, including but not limited to electricity, heating,
ventilation, cooling, steam or hot water, in which a person agrees to
install, maintain or manage energy systems or equipment to improve the
energy efficiency of, or produce energy in connection with, a building
or facility in exchange for a portion of the energy savings or revenues.
THE CONTRACT SHALL CONSIST OF A RENEWABLE ENERGY EFFICIENCY STUDY TO
FACILITATE CONSIDERATION OF ALTERNATIVES IN ENERGY SYSTEMS.
S 2. Section 9-103 of the energy law is amended by adding a new subdi-
vision 9 to read as follows:
9. ALL ENERGY PERFORMANCE CONTRACTS SHALL INCLUDE AN ENERGY EFFICIENCY
STUDY OF AT LEAST ONE RENEWABLE ENERGY SOURCE THAT BEST FITS THE
PROJECT'S GOAL. THIS STUDY SHALL INCLUDE THE COST OF INSTALLATION OF
SUCH SYSTEM, MAINTENANCE AND OPERATION COSTS FOR UP TO TEN YEARS, AND AN
ANALYSIS OF THE ENERGY SAVINGS.
S 3. This act shall take effect on the ninetieth day after it shall
have become a law and shall apply to any contract entered into on or
after such effective date.