Senate Bill S6958A

2013-2014 Legislative Session

Relates to "power purchase agreements" concerning energy technologies eligible for net metering

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Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2013-S6958 - Details

See Assembly Version of this Bill:
A9516
Current Committee:
Senate Rules
Law Section:
Energy Law
Laws Affected:
Amd §9-102, add §9-104, Energy L
Versions Introduced in 2015-2016 Legislative Session:
S3613, A36

2013-S6958 - Summary

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

2013-S6958 - Sponsor Memo

2013-S6958 - Bill Text download pdf

                            
                    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:

  Section  1. Section 9-102 of the energy law is amended by adding a new
subdivision 5 to read as follows:
  5. "POWER PURCHASE AGREEMENT" MEANS AN AGREEMENT  IN  CONNECTION  WITH
THE  INSTALLATION,  MAINTENANCE  AND  MANAGEMENT OF A SOLAR PHOTOVOLTAIC
ARRAY, WHERE A THIRD PARTY OWNER  (NON-AGENCY  OR  NON-MUNICIPAL  OWNER)
GENERATES  ELECTRICITY FROM THE SOLAR PHOTOVOLTAIC ARRAY (WHETHER OR NOT
THE SOLAR PHOTOVOLTAIC ARRAY IS LOCATED AT THE POINT OF CONSUMPTION) AND
SELLS THE RESULTING ELECTRICITY TO  AN  AGENCY  OR  MUNICIPALITY  FOR  A
PRICE, VOLUME AND DURATION AS SET FORTH IN THE AGREEMENT.
  S  2.  The energy law is amended by adding a new section 9-104 to read
as follows:
  S 9-104. POWER  PURCHASE  AGREEMENTS.  1.  NOTWITHSTANDING  ANY  OTHER
PROVISION  OF  LAW OR JUDICIAL DECISION (INCLUDING ANY THAT RESTRICT THE
AUTHORITY OF A GOVERNING BODY OF  AN  AGENCY  OR  MUNICIPALITY  TO  BIND
SUBSEQUENT GOVERNING BODIES OF SUCH AGENCY OR MUNICIPALITY), ANY AGENCY,
MUNICIPALITY,  OR  PUBLIC  AUTHORITY, IN ADDITION TO EXISTING POWERS, IS
AUTHORIZED TO ENTER INTO POWER PURCHASE AGREEMENTS OF UP TO  THIRTY-FIVE
YEARS  DURATION,  PROVIDED  THAT THE DURATION OF ANY SUCH CONTRACT SHALL
NOT EXCEED THE REASONABLY EXPECTED USEFUL LIFE OF THE ENERGY  FACILITIES
OR EQUIPMENT SUBJECT TO SUCH AGREEMENT.
  2.  POWER  PURCHASE  AGREEMENTS  SHALL  NOT BE REQUIRED TO INCLUDE THE
CLAUSE SET FORTH IN SUBDIVISION TWO OF SECTION 9-103 OF THIS ARTICLE.
  3. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW  OR  JUDICIAL  DECISION
(INCLUDING  ANY  THAT  RESTRICT  THE AUTHORITY OF A GOVERNING BODY OF AN
AGENCY OR MUNICIPALITY TO BIND SUBSEQUENT GOVERNING BODIES OF SUCH AGEN-
CY OR MUNICIPALITY), POWER PURCHASE AGREEMENTS SHALL ONLY BE VOID, VOID-
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.
              

co-Sponsors

2013-S6958A (ACTIVE) - Details

See Assembly Version of this Bill:
A9516
Current Committee:
Senate Rules
Law Section:
Energy Law
Laws Affected:
Amd §9-102, add §9-104, Energy L
Versions Introduced in 2015-2016 Legislative Session:
S3613, A36

2013-S6958A (ACTIVE) - Summary

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

2013-S6958A (ACTIVE) - Sponsor Memo

2013-S6958A (ACTIVE) - Bill Text download pdf

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

                                 6958--A

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

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:

  Section 1. Section 9-102 of the energy law is amended by adding a  new
subdivision 5 to read as follows:
  5.  "POWER  PURCHASE  AGREEMENT" MEANS AN AGREEMENT IN CONNECTION WITH
THE INSTALLATION, MAINTENANCE AND MANAGEMENT  OF  AN  ENERGY  TECHNOLOGY
ELIGIBLE  FOR  NET  ENERGY  METERING  PURSUANT TO SECTION SIXTY-SIX-J OR
SIXTY-SIX-L OF THE PUBLIC SERVICE LAW, WHERE A THIRD PARTY OWNER (NON-A-
GENCY OR NON-MUNICIPAL OWNER) GENERATES  ELECTRICITY  FROM  SUCH  ENERGY
TECHNOLOGY  (WHETHER  OR  NOT  SUCH  ENERGY TECHNOLOGY IS LOCATED AT THE
POINT OF CONSUMPTION) AND SELLS THE RESULTING ELECTRICITY TO  AN  AGENCY
OR  MUNICIPALITY  FOR  A  PRICE, VOLUME AND DURATION AS SET FORTH IN THE
AGREEMENT.
  S 2. The energy law is amended by adding a new section 9-104  to  read
as follows:
  S  9-104.  POWER  PURCHASE  AGREEMENTS.  1.  NOTWITHSTANDING ANY OTHER
PROVISION OF LAW OR JUDICIAL DECISION (INCLUDING ANY THAT  RESTRICT  THE
AUTHORITY  OF  A  GOVERNING  BODY  OF  AN AGENCY OR MUNICIPALITY TO BIND
SUBSEQUENT GOVERNING BODIES OF SUCH AGENCY OR MUNICIPALITY), ANY AGENCY,
MUNICIPALITY, OR PUBLIC AUTHORITY, IN ADDITION TO  EXISTING  POWERS,  IS
AUTHORIZED  TO ENTER INTO POWER PURCHASE AGREEMENTS OF UP TO THIRTY-FIVE
YEARS DURATION, PROVIDED THAT THE DURATION OF ANY  SUCH  CONTRACT  SHALL
NOT  EXCEED THE REASONABLY EXPECTED USEFUL LIFE OF THE ENERGY FACILITIES
OR EQUIPMENT SUBJECT TO SUCH AGREEMENT.
  2. POWER PURCHASE AGREEMENTS SHALL NOT  BE  REQUIRED  TO  INCLUDE  THE
CLAUSE SET FORTH IN SUBDIVISION TWO OF SECTION 9-103 OF THIS ARTICLE.
  3.  NOTWITHSTANDING  ANY  OTHER PROVISIONS OF LAW OR JUDICIAL DECISION
(INCLUDING ANY THAT RESTRICT THE AUTHORITY OF A  GOVERNING  BODY  OF  AN

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

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