NY State Senate Bill 2019-S5099

Senate Bill S5099

2019-2020 Legislative Session

Relates to extending the time period for recovery of energy performance contract costs incurred by school districts

download bill text pdf

Archive: Last Bill Status - In Senate Committee Education 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to education
Apr 09, 2019	referred to education

2019-S5099 (ACTIVE) - Details

See Assembly Version of this Bill:: A7771
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §3602, Ed L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S6307, A3446
2023-2024: S2699, A6577

2019-S5099 (ACTIVE) - Summary

Extends the time period from eighteen years to twenty-five years that a school shall be guaranteed recovery of energy performance contract costs from energy savings incurred by school districts over that time period.

2019-S5099 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5099

SPONSOR: MARTINEZ
 
TITLE OF BILL:  An act to amend the education law, in relation to
extending the time period for guaranteed recovery of energy performance
contract costs from energy savings incurred by school districts

 
PURPOSE:

This would extend the time period for energy performance contracts from
18 years to 25 years.

 
SUMMARY OF PROVISIONS:

Section 1. Amend the statutory limit of energy performance contracts
from 18 years to 25 years.

Section 2. Effective Date

 
JUSTIFICATION:

Energy performance contracts have been a successful way for munici-
palities and school districts to lower their costs while improving effi-
ciency. Energy performance contracts use the projected savings from the
performance contract to pay for the project, which is often significant-
ly cheaper than the previous energy costs.

Current state law requires that energy performance contracts must guar-
antee the recovery of contract costs from recovery savings during the
term of the contract, which shall not exceed 18 years. This legislation
would allow contracts to not exceed more than 25 years.

Federal government allows for contracts up to 25 years. This would
provide parity for school districts to take advantage of energy perform-
ance contracts up to 25 years.

Such a change would have numerous benefits such as energy efficiency and
reducing operating costs. These contracts help schools avoid significant
upfront costs and allow for reinvestments over time.  Furthermore,
contracts usually result in reduced maintenance costs and reduce the
number of emergency repairs.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
Immediately.

2019-S5099 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5099
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               April 9, 2019
                                ___________
 
 Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend the education law, in relation  to  extending  the  time
   period  for  guaranteed  recovery of energy performance contract costs
   from energy savings incurred by school districts

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subclause C of clause (i) of subparagraph 5 of paragraph i
 of subdivision 6 of section 3602 of the education  law,  as  amended  by
 section  1  of  part F of chapter 383 of the laws of 2001, is amended to
 read as follows:
   C. The energy  performance  contractor  shall  guarantee  recovery  of
 contract  costs  from  energy  savings  realized  by the school district
 during the term of the energy  performance  contract,  which  shall  not
 exceed [eighteen] TWENTY-FIVE years.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11119-01-9

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.