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

                                  2056

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced  by  M. of A. O'MARA, ERRIGO, ALFANO, BURLING, WALKER, GIGLIO
  -- Multi-Sponsored by -- M. of A. AMEDORE,  BACALLES,  BALL,  BARCLAY,
  BARRA,  BOYLE,  BUTLER, CALHOUN, CONTE, CROUCH, DUPREY, FINCH, FITZPA-
  TRICK, HAWLEY, HAYES, KOLB,  P. LOPEZ,  McDONOUGH,  McKEVITT,  MILLER,
  MOLINARO,  OAKS,  QUINN,  RABBITT,  RAIA,  REILICH, SALADINO, SAYWARD,
  SCOZZAFAVA, TEDISCO,  THIELE,  TOBACCO,  TOWNSEND  --  read  once  and
  referred to the Committee on Governmental Operations

AN  ACT  to amend the executive law, in relation to the bulk electricity
  purchasing program

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The executive law is amended by adding a new section 204 to
read as follows:
  S  204.  BULK ELECTRICITY PURCHASING PROGRAM. 1. THE OFFICE OF GENERAL
SERVICES,  ACTING  IN  COOPERATION  WITH  SUCH  OTHER  GOVERNMENTAL  AND
NON-GOVERNMENTAL  AGENCIES AS IT MAY DEEM NECESSARY, SHALL ESTABLISH AND
IMPLEMENT EITHER A SINGLE STATEWIDE BULK ELECTRICITY PURCHASING  PROGRAM
OR,  UTILIZING  SUCH GOVERNMENTAL OR NON-GOVERNMENTAL AGENCIES AS MAY BE
NECESSARY, ONE OR MORE REGIONAL BULK FUEL PURCHASING PROGRAMS AS MAY  BE
NEEDED. SUCH PROGRAM SHALL:
  A.  BE  AVAILABLE  ON  A  VOLUNTARY BASIS TO MUNICIPALITIES AND SCHOOL
DISTRICTS;
  B. PROVIDE FOR THE PURCHASE BY MAY FIRST OF EACH YEAR, AT A BULK RATE,
OF SUFFICIENT QUANTITIES OF ELECTRICITY FOR THE AGENCIES AND DEPARTMENTS
OF THE  STATE  AND  FOR  ALL  PARTICIPATING  MUNICIPALITIES  AND  SCHOOL
DISTRICTS IN THE AMOUNT EXPECTED TO BE NECESSARY FOR THE COVERED PERIOD;
  C.  PROVIDE  FOR  MAINTENANCE  RELATED  SERVICE,  BY  THE  SUPPLIER OR
DISTRIBUTOR OF THE ELECTRICITY;
  D. PROVIDE THAT THE SUPPLIER OR DISTRIBUTOR OF THE  ELECTRICITY  SHALL
DELIVER  SAID  FUELS TO THE AGENCIES AND DEPARTMENTS OF THE STATE AND TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03328-01-9

              

A. 2056                             2

THE PARTICIPATING MUNICIPALITIES AND SCHOOL DISTRICTS ON A REGULAR SCHE-
DULE AS WELL AS ON AN EMERGENCY BASIS.
  2.  THE OFFICE OF GENERAL SERVICES, IN ESTABLISHING AND IMPLEMENTING A
BULK ELECTRICITY PURCHASING PROGRAM, SHALL ENSURE THAT:
  A. EACH CONTRACT WITH A SUPPLIER OR DISTRIBUTOR, CONSISTENT  WITH  THE
REQUIREMENTS OF FEDERAL AND STATE LAW, RULES AND REGULATIONS, BE ENTERED
INTO WITH THE LOWEST RESPONSIBLE BIDDER, PRICE AND OTHER FACTORS CONSID-
ERED.  OTHER  FACTORS SHALL INCLUDE, BUT NOT BE LIMITED TO, RELIABILITY,
FLEXIBILITY OF SERVICE, HISTORY OF SERVICE IN THE AREA, HISTORIC  LEVELS
OF  DEPENDENCY  ON SOURCES OF SUPPLY, AND RELIABILITY AND MIX OF CURRENT
SOURCES OF SUPPLY;
  B. EACH CONTRACT WITH A SUPPLIER OR DISTRIBUTOR SHALL INCLUDE,  AT  NO
ADDITIONAL COST, PROVISIONS FOR SERVICE AND MAINTENANCE;
  C.  EACH CONTRACT WITH A SUPPLIER OR DISTRIBUTOR SHALL PROVIDE FOR THE
BULK PURCHASE AND DELIVERY BY THE OFFICE WHICH MAY UTILIZE ITS  CENTRAL-
IZED  CONTRACTS  FOR  BULK  ELECTRICITY  IN  ACCORDANCE WITH SECTION ONE
HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW;
  D. EACH CONTRACT WITH A SUPPLIER OR DISTRIBUTOR OF  ELECTRICITY  SHALL
PROVIDE THAT ADDITIONAL AMOUNTS OF ELECTRICITY AT THE BULK RATE SHALL BE
AVAILABLE  TO  THE  STATE  AND  TO  ALL PARTICIPATING MUNICIPALITIES AND
SCHOOL DISTRICTS IN SUFFICIENT QUANTITIES IN THE EVENT OF  SEVERE  EMER-
GENCIES.
  3.  THE  COMMISSIONER  OF  GENERAL  SERVICES,  UPON APPLICATION BY THE
OFFICE OF GENERAL SERVICES, MAY GRANT, FOR A YEAR, A WAIVER OF IMPLEMEN-
TATION OF SUBDIVISION TWO OF THIS SECTION.  SUCH  APPLICATION  SHALL  BE
GRANTED  UPON  A  SUFFICIENT  DEMONSTRATION  BY  THE  OFFICE  OF GENERAL
SERVICES THAT, FOR A SPECIFIC GEOGRAPHIC AREA:
  A. NO BIDS WERE RECEIVED FROM A DISTRIBUTOR OR SUPPLIER  OF  ELECTRIC-
ITY;
  B. NO BIDS WERE RECEIVED FROM A DISTRIBUTOR OR SUPPLIER OF ELECTRICITY
AT A BULK RATE;
  C.  INSUFFICIENT NUMBERS OF MUNICIPALITIES AND/OR SCHOOL DISTRICTS HAD
AGREED TO PARTICIPATE IN A BULK PURCHASING PROGRAM,  AFTER  HAVING  BEEN
PROVIDED  WITH NOTICE OF POTENTIAL SAVINGS AND AN OPPORTUNITY TO PARTIC-
IPATE; OR
  D. THE PROGRAM WOULD NOT RESULT IN ELECTRICITY COSTS TO THE STATE  AND
PARTICIPATING  MUNICIPALITIES  AND SCHOOL DISTRICTS THAT ARE LESS EXPEN-
SIVE THAN ELECTRICITY COSTS OTHERWISE  AVAILABLE.  THE  COMMISSIONER  OF
GENERAL  SERVICES,  UPON  GRANTING  A WAIVER PURSUANT TO THIS PARAGRAPH,
SHALL SPECIFY, IN WRITING: (I) THE GROUND OR GROUNDS FOR THE GRANTING OF
THE WAIVER AND (II) THE STEPS THAT SHALL  BE  TAKEN  BY  THE  OFFICE  OF
GENERAL SERVICES TO MINIMIZE THE NECESSITY OF A FUTURE APPLICATION FOR A
WAIVER.
  4.  WHERE  FEASIBLE  AND APPROPRIATE, EACH BULK ELECTRICITY PURCHASING
PROGRAM SHALL:
  A. WHERE BIDDING DEMONSTRATES ITS PRACTICABILITY, INCLUDE AT LEAST TWO
POTENTIAL SUPPLIERS; AND
  B. PROVIDE FOR THE BULK PURCHASE, STORAGE AND DELIVERY  OF  THE  ELEC-
TRICITY BY THE OFFICE OF GENERAL SERVICES.
  5.  THE  COMMISSIONER  OF  GENERAL  SERVICES  IS HEREBY AUTHORIZED AND
DIRECTED TO ADOPT RULES AND REGULATIONS TO IMPLEMENT THE  PROVISIONS  OF
THIS SECTION WITHIN SIXTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.