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Senate Bill S5381

2009-2010 Legislative Session

Requires all persons entering into energy performance contracts to conduct a study of the cost and feasibility of at least one renewable energy source

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Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

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Bill Amendments

2009-S5381 - Details

Current Committee:
Senate Energy And Telecommunications
Laws Affected:
Amd §§9-102 & 9-103, Energy L

2009-S5381 - Summary

Requires all persons entering into energy performance contracts to conduct a study of the cost and feasibility of at least one renewable energy source; defines terms.

2009-S5381 - Sponsor Memo

2009-S5381 - Bill Text download pdf

                            
                    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

              

co-Sponsors

2009-S5381A (ACTIVE) - Details

Current Committee:
Senate Energy And Telecommunications
Laws Affected:
Amd §§9-102 & 9-103, Energy L

2009-S5381A (ACTIVE) - Summary

Requires all persons entering into energy performance contracts to conduct a study of the cost and feasibility of at least one renewable energy source; defines terms.

2009-S5381A (ACTIVE) - Sponsor Memo

2009-S5381A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5381--A

                       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  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

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 5 and
amended, and a new subdivision 4 is added to read as follows:
  4.  "RENEWABLE ENERGY" MEANS ENERGY GENERATED FROM:  (I) SOLAR,  WIND,
PHOTOVOLTAICS,  TIDAL,  GEOTHERMAL, AND FUEL CELL TECHNOLOGIES; AND (II)
LOW IMPACT, RUN-OF-RIVER HYDROELECTRIC GENERATING EQUIPMENT WITH CAPACI-
TY UP TO THIRTY MEGAWATTS WITH NO NEW STORAGE IMPOUNDMENT.
  5. "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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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