NY State Assembly Bill 2009-A9040

Archive: Last Bill Status - Signed by Governor

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 16, 2009	signed chap.477
Sep 04, 2009	delivered to governor
Jul 16, 2009	returned to assembly passed senate 3rd reading cal.939 substituted for s6050
Jun 22, 2009	referred to rules delivered to senate passed assembly message of necessity - 3 day message ordered to third reading rules cal.677 rules report cal.677 reported reported referred to rules reported referred to ways and means
Jun 21, 2009	referred to energy

Votes

- Jul 16, 2009 - Floor Vote
  A9040
  
  44
  
  Aye
  
  8
  
  Nay
  
  5
  
  Absent
  
  5
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jul 16, 2009
      
      aye (44)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Golden
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Marcellino
      
      Montgomery
      
      Morahan
      
      Nozzolio
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Perkins
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      nay (8)
      
      DeFrancisco
      
      Griffo
      
      Libous
      
      Little
      
      Maziarz
      
      Ranzenhofer
      
      Winner
      
      Young
      
      absent (5)
      
      Dilan
      
      Huntley
      
      McDonald
      
      Monserrate
      
      Onorato
      
      excused (5)
      
      Diaz
      
      Foley
      
      Johnson
      
      Kruger
      
      Squadron

2009-A9040 (ACTIVE) - Details

See Senate Version of this Bill:: S6050
Law Section:: Public Authorities Law
Laws Affected:: Amd §1005, Pub Auth L

2009-A9040 (ACTIVE) - Summary

Relates to energy efficiency and clean energy initiatives of New York power authority.

2009-A9040 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A9040                REVISED 6/22/09

TITLE OF BILL:  An act to amend the public authorities law, in relation
to energy efficiency and clean energy initiatives of the power authority
of the state of New York, and providing for the repeal of such
provisions upon expiration thereof

Purpose:  The purpose of this bill is to enhance the energy efficiency,
clean energy, energy service and green building programs administered by
the Power Authority of the State of New York (NYPA), to reduce energy
consumption and mitigate environmental impacts from energy usage
consistent with the State's energy and environmental policies.

Summary of provisions:  Section 1 of the bill would add a new subdivi-
sion 16 to PAL § 1005.  Paragraph (a) of new subdivision 16 would
provide and clarify that:  (1) as deemed feasible and advisable by
NYPA's trustees, NYPA may finance, design, develop, construct, implement
and administer energy-related projects, programs and services for any
public entity and customers of NYPA's low-cost power programs; (2) NYPA
may consult standards and other criteria established or adopted by other
organizations, including but not limited to the United States Green
Building Council under its Leadership in Energy and Environmental Design
(LEED) programs, the Green Building Initiative's Green Globes Rating
System, and the American National Standards Institute; and (3) NYPA may
use note and bond proceeds and other authority funds to finance projects
and programs.

Paragraph (b) of new subdivision 16 would define terms applicable to
this subdivision.

Paragraph (c) of new subdivision 16 would authorize public entities
(which include any agency, public authority, public benefit corporation,
public corporation, municipal corporation, school district, board of
cooperative educational services, SUNY or CUNY four year college, or
community college) to enter into energy services contracts with NYPA for
energy-related projects, programs and services, provided that NYPA
issues and advertises written requests for proposals from third-party
providers of goods and services in accordance with its established
procurement policies, procedures and guidelines. In addition, this
provision provides that NYPA may not contract with a third-party provid-
er if such provider is listed on a debarment list maintained and
published in accordance with New York law.

Paragraph (d) of new subdivision 16 would: (1) authorize contracts for
energy efficiency, clean energy, energy services and green building
programs for up to thirty-five years duration, provided that the dura-
tion of any such contract does not exceed the expected useful life of
the facilities or equipment comprising such projects; (2) require
contracts to contain a standard provision that such contracts are deemed
executory only to the extent of the monies appropriated and available
for the purpose of the contract; and (3) authorize public entities to
grant NYPA access to property in order to allow the construction,

installation and operation of facilities and equipment provided as part
of the energy projects, programs and services.

In the case of a school district or board of cooperative educational
services, paragraph (d) of new subdivision 16 would provide that the
regulations promulgated by the Commissioner of Education would continue
to apply, except that a school district or board of cooperative educa-
tional services may only enter into an energy services contract with
NYPA for such maximum term as is prescribed in the regulations promul-
gated by the Commissioner of Education, or for the useful life of the
facilities or equipment being constructed, installed or operated, which-
ever is less.

Paragraph (f) of new subdivision 16 would require NYPA to submit a
report on the activities of the program to the Governor, Speaker of the
Assembly, Temporary President of the Senate, Minority Leader of the
Senate, Minority Leader of the Assembly, the Chair of the Senate Finance
Committee, the Chair of the Assembly Ways and Means Committee, the Chair
of the Assembly Energy Committee and the Chair of the Senate Energy
Committee on or before January 31, 2012.

Section 2 of this bill would provide for an immediate effective date and
for the expiration three years after it becomes law.

Existing law:  NYPA is currently authorized by various State enactments
relating to Petroleum Overcharge Restitution funds, the Clean
Water/Clean Air Bond Act of 1996 and other laws to undertake energy
efficiency and clean energy projects. PAL § 1005 was amended by Chapter
287 of the Laws of 2004 to authorize NYPA to make energy efficiency
services and clean energy technologies available to public and nonpublic
elementary and secondary schools throughout the State. Chapter 386 of
the Laws of 2004 added a new subdivision 15 to PAL § 1005 authorizing
NYPA to provide similar services to certain military installations in
New York.

Legislative history:  This is a new bill.

Statement in support:  This bill would build upon the significant
reductions in the consumption of energy and the contributions to a
cleaner environment made possible by NYPA's energy efficiency, clean
energy, energy service and sustainable building programs, and make it
easier for public entities to implement such services and projects.

NYPA has invested more than $1 billion in energy-efficiency projects at
publicly owned facilities in New York State since 1987, through direct
implementation of projects and low-cost financing. Its energy services
programs have resulted in more than 1,560 completed projects at 2,640
facilities, producing more than $102 million in annual taxpayer savings.
Since their inception, these programs have reduced energy consumption in
the State by over 900 gigawatt hours (GWh) and prevented the emission of
approximately 824,987 tons of greenhouse gas emissions.

The expansion of NYPA's energy efficiency programs will also support the
State's key energy conservation initiatives, including the State's "45 x
15" plan to meet 45 percent of its electricity needs through improved
energy efficiency and renewable sources by the year 2015. NYPA's work
with State agencies, departments and authorities also supports the goals
of Executive Order No. 111, which requires agencies to reduce energy
consumption, while shifting to on-site use of clean energy technologies.

This bill would also provide an efficient process for agencies, munici-
palities, public authorities, public universities, public entities, and
customers of NYPA's low-cost power programs to avail themselves of
NYPA's expertise and financing, and authorize such entities to enter
into contractual arrangements directly with NYPA, provided that NYPA
issues and advertises a written request for proposals from third party
providers of goods and services in accordance with NYPA's own procure-
ment policies, procedures or guidelines.

This bill would also assist local governments in implementing energy
conservation programs funded through the American Recovery and Reinvest-
ment Act of 2009.

This bill would also clarify and confirm the authorization for NYPA's
sustainable or high performance building program and activities.
"Sustainable" refers to programs that are environmentally responsible
and resource-efficient throughout a building's life-cycle. Sustainable
building practices can substantially reduce environmental impacts,
reduce operating costs, enhance building marketability, and improve
indoor air quality for building occupants.  Much of NYPA's work in the
sustainable building area is associated with its energy efficiency/clean
energy work. For example, NYPA replaced its chilled water plant at its
offices in White Plains an energy efficiency measure, and implemented
other measures that earned the facility LEED (Leadership in Energy and
Environmental Design) Existing Building Gold status. The completed
project is saving NYPA 4,704,764 kilowatt hours (kWh) per year of elec-
tricity, amounting to a savings of $338,951 annually. The new equipment
has reduced greenhouse gases by 3,034 tons per year, and mitigates the
CFCs that would otherwise be in the refrigerants of the old chilled
water plant.

Many of the public entities served by NYPA, such as the City of New
York, Office of General Services, and State University of New York, wish
to incorporate sustainable building program measures into the energy
service work that NYPA provides. This legislation would make it clear
that NYPA may provide all aspects of sustainable development services
along with the other measures and services NYPA offers to program
participants.

Budget implications This bill would result in savings to the General
Fund and to public entities because implementation of energy efficiency
and green building measures will reduce building operating expenses.

Effective date:  This bill takes effect immediately and will expire
three years after it becomes law.

2009-A9040 (ACTIVE) - Bill Text download pdf

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

                                  9040

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 21, 2009
                               ___________

Introduced  by  M.  of A. CAHILL -- (at request of the Governor) -- read
  once and referred to the Committee on Energy

AN ACT to amend the public authorities law, in relation to energy  effi-
  ciency  and  clean  energy  initiatives  of the power authority of the
  state of New York, and providing for the  repeal  of  such  provisions
  upon expiration thereof

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

  Section 1.  Section 1005 of the public authorities law is  amended  by
adding a new subdivision 16 to read as follows:
  16.  (A)  AS DEEMED FEASIBLE AND ADVISABLE BY THE TRUSTEES, TO FINANCE
AND DESIGN, DEVELOP, CONSTRUCT, IMPLEMENT, PROVIDE AND ADMINISTER  ENER-
GY-RELATED PROJECTS, PROGRAMS AND SERVICES FOR ANY PUBLIC ENTITY AND ANY
RECIPIENT  OF  THE ECONOMIC DEVELOPMENT POWER, EXPANSION POWER, REPLACE-
MENT POWER,  PRESERVATION  POWER,  HIGH  LOAD  FACTOR  POWER,  MUNICIPAL
DISTRIBUTION  AGENCY POWER, AND THE POWER FOR JOBS PROGRAMS ADMINISTERED
BY THE AUTHORITY.  IN ESTABLISHING AND PROVIDING  HIGH  PERFORMANCE  AND
SUSTAINABLE  BUILDING  PROGRAMS AND SERVICES AUTHORIZED BY THIS SUBDIVI-
SION, THE AUTHORITY IS  AUTHORIZED  TO  CONSULT  STANDARDS,  GUIDELINES,
RATING  SYSTEMS,  AND/OR CRITERIA ESTABLISHED OR ADOPTED BY OTHER ORGAN-
IZATIONS, INCLUDING BUT NOT LIMITED TO THE UNITED STATES GREEN  BUILDING
COUNCIL  UNDER  ITS LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN (LEED)
PROGRAMS, THE GREEN BUILDING INITIATIVE'S GREEN  GLOBES  RATING  SYSTEM,
AND THE AMERICAN NATIONAL STANDARDS INSTITUTE. THE SOURCE OF ANY FINANC-
ING  AND/OR  LOANS  PROVIDED  BY  THE AUTHORITY FOR THE PURPOSES OF THIS
SUBDIVISION MAY BE THE PROCEEDS OF NOTES ISSUED PURSUANT TO SECTION  ONE
THOUSAND  NINE-A OF THIS TITLE, THE PROCEEDS OF BONDS ISSUED PURSUANT TO
SECTION ONE THOUSAND TEN OF THIS TITLE, OR ANY OTHER AVAILABLE AUTHORITY
FUNDS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12056-06-9

A. 9040                             2

  (B) FOR THE PURPOSES OF THIS  SUBDIVISION,  THE  FOLLOWING  WORDS  AND
TERMS  SHALL  HAVE  THE  FOLLOWING MEANINGS UNLESS THE CONTEXT INDICATES
ANOTHER MEANING OR INTENT:
  (1)  "AGENCY"  MEANS ANY AGENCY, DEPARTMENT, OR OFFICE OF THE STATE OF
NEW YORK.
  (2) "ENERGY-RELATED PROJECTS,  PROGRAMS  AND  SERVICES"  MEANS  ENERGY
EFFICIENCY  PROJECTS  AND SERVICES, CLEAN ENERGY TECHNOLOGY PROJECTS AND
SERVICES, AND HIGH PERFORMANCE AND  SUSTAINABLE  BUILDING  PROGRAMS  AND
SERVICES, AND THE CONSTRUCTION, INSTALLATION AND/OR OPERATION OF FACILI-
TIES OR EQUIPMENT DONE IN CONNECTION WITH ANY SUCH PROJECTS, PROGRAMS OR
SERVICES.
  (3) "ENERGY SERVICES CONTRACT" OR "CONTRACT" MEANS A CONTRACT PURSUANT
TO  WHICH  THE  AUTHORITY PROVIDES ENERGY-RELATED PROJECTS, PROGRAMS AND
SERVICES.
  (4) "HIGH PERFORMANCE AND SUSTAINABLE BUILDING PROGRAMS AND  SERVICES"
MEANS  PROGRAMS  AND SERVICES RELATED TO THE RENOVATION AND RETROFITTING
OF BUILDINGS THROUGH THE INCORPORATION OF STANDARDS, GUIDELINES,  RATING
SYSTEMS,  AND/OR  CRITERIA  RELATING  TO  DESIGN AND BUILDING TECHNIQUES
ESTABLISHED BY  THE  AUTHORITY  PURSUANT  TO  THIS  SECTION,  WHICH  ARE
ADDRESSED  TO SUCH ISSUES AS ENERGY EFFICIENCY, ENERGY CONSERVATION, THE
USE OF RENEWABLE ENERGY, THE REDUCTION OF AIR AND OTHER  POLLUTION,  AND
THE CONSERVATION OF MATERIALS AND RESOURCES SUCH AS WATER.
  (5)  "PUBLIC ENTITY" MEANS AN AGENCY, PUBLIC AUTHORITY, PUBLIC BENEFIT
CORPORATION, PUBLIC CORPORATION, MUNICIPAL CORPORATION, SCHOOL DISTRICT,
BOARD OF  COOPERATIVE  EDUCATIONAL  SERVICES,  PUBLIC  UNIVERSITY,  FIRE
DISTRICT, DISTRICT CORPORATION, OR SPECIAL IMPROVEMENT DISTRICT GOVERNED
BY A SEPARATE BOARD OF COMMISSIONERS.
  (6) "PUBLIC AUTHORITY" MEANS A PUBLIC AUTHORITY FORMED BY OR UNDER THE
LAWS  OF  THE STATE OF NEW YORK TO THE EXTENT ITS FACILITIES ARE LOCATED
WITHIN THE STATE, AND THE PORT AUTHORITY OF NEW YORK AND NEW  JERSEY  TO
THE EXTENT THAT ITS FACILITIES  ARE LOCATED WITHIN THE STATE.
  (7) "PUBLIC BENEFIT CORPORATION" MEANS A PUBLIC BENEFIT CORPORATION AS
DEFINED  IN  SUBDIVISION  FOUR  OF  SECTION  SIXTY-SIX  OF  THE  GENERAL
CONSTRUCTION LAW.
  (8) "PUBLIC UNIVERSITY" MEANS THE CITY UNIVERSITY OF NEW YORK  INCLUD-
ING  ANY  SENIOR  COLLEGE  OR  COMMUNITY  COLLEGE  AS DEFINED IN SECTION
SIXTY-TWO HUNDRED TWO OF THE EDUCATION LAW, AND THE STATE UNIVERSITY  OF
NEW  YORK  INCLUDING  FOUR-YEAR COLLEGES ESTABLISHED PURSUANT TO SECTION
SIXTY-THREE HUNDRED SEVEN OF THE EDUCATION LAW AND COMMUNITY COLLEGES AS
DEFINED IN SECTION SIXTY-THREE HUNDRED ONE OF THE EDUCATION LAW.
  (C) ANY PUBLIC ENTITY IS AUTHORIZED TO ENTER INTO AN  ENERGY  SERVICES
CONTRACT  WITH  THE  AUTHORITY FOR ENERGY-RELATED PROJECTS, PROGRAMS AND
SERVICES THAT ARE AUTHORIZED BY THIS SUBDIVISION, PROVIDED THAT (I)  THE
AUTHORITY  ISSUES  AND  ADVERTISES  WRITTEN  REQUESTS FOR PROPOSALS FROM
THIRD PARTY PROVIDERS OF GOODS  AND  SERVICES  IN  ACCORDANCE  WITH  THE
AUTHORITY'S PROCUREMENT POLICIES, PROCEDURES AND/OR GUIDELINES, AND (II)
THE  AUTHORITY  SHALL  NOT CONTRACT WITH A THIRD PARTY PROVIDER OF GOODS
AND SERVICES IF SUCH PERSON IS LISTED ON A DEBARMENT LIST MAINTAINED AND
PUBLISHED IN ACCORDANCE WITH NEW YORK LAW, AS BEING INELIGIBLE TO SUBMIT
A BID ON OR BE AWARDED ANY  PUBLIC  CONTRACT  OR  SUBCONTRACT  WITH  THE
STATE, ANY MUNICIPAL CORPORATION OR PUBLIC BODY.
  (D)(I) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ANY
ENERGY  SERVICES  CONTRACT ENTERED INTO BY THE AUTHORITY WITH ANY PUBLIC
ENTITY: (1) MAY HAVE  A  TERM  OF  UP  TO  THIRTY-FIVE  YEARS  DURATION,
PROVIDED,  HOWEVER,  THAT  THE  DURATION  OF ANY SUCH CONTRACT SHALL NOT
EXCEED THE REASONABLY EXPECTED USEFUL LIFE OF ANY FACILITIES  OR  EQUIP-

A. 9040                             3

MENT  CONSTRUCTED,  INSTALLED OR OPERATED AS PART OF SUCH ENERGY-RELATED
PROJECTS, PROGRAMS AND SERVICES SUBJECT TO SUCH CONTRACT; AND (2)  SHALL
CONTAIN  THE  FOLLOWING CLAUSE: "THIS CONTRACT SHALL BE DEEMED EXECUTORY
ONLY  TO  THE  EXTENT  OF  THE MONIES APPROPRIATED AND AVAILABLE FOR THE
PURPOSE OF THE CONTRACT, AND NO LIABILITY ON ACCOUNT THEREFOR  SHALL  BE
INCURRED BEYOND THE AMOUNT OF SUCH MONIES. IT IS UNDERSTOOD THAT NEITHER
THIS  CONTRACT  NOR ANY REPRESENTATION BY ANY PUBLIC EMPLOYEE OR OFFICER
CREATES ANY LEGAL OR MORAL OBLIGATION TO REQUEST,  APPROPRIATE  OR  MAKE
AVAILABLE MONIES FOR THE PURPOSE OF THE CONTRACT."  A SCHOOL DISTRICT OR
BOARD  OF COOPERATIVE EDUCATIONAL SERVICES MAY ONLY ENTER INTO AN ENERGY
SERVICES CONTRACT WITH  THE  AUTHORITY  FOR  SUCH  MAXIMUM  TERM  AS  IS
PRESCRIBED  IN THE REGULATIONS PROMULGATED BY THE COMMISSIONER OF EDUCA-
TION  OR  THE  USEFUL  LIFE  OF  THE  FACILITIES  OR   EQUIPMENT   BEING
CONSTRUCTED, INSTALLED OR OPERATED, WHICHEVER IS LESS.
  (II)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, IN
ORDER TO PROVIDE AN INTEREST IN REAL OR OTHER PROPERTY NECESSARY FOR THE
CONSTRUCTION OF FACILITIES OR THE OPERATION OF EQUIPMENT PROVIDED FOR IN
AN ENERGY SERVICES CONTRACT, A PUBLIC ENTITY MAY ENTER INTO A  LEASE  OR
OTHER  AGREEMENT WITH THE AUTHORITY CONCERNING REAL OR OTHER PROPERTY TO
WHICH IT HOLDS TITLE OR WHICH IS UNDER ITS ADMINISTRATIVE  JURISDICTION,
AS  IS NECESSARY FOR SUCH CONSTRUCTION OR OPERATION, FOR THE SAME LENGTH
OF TIME AS THE TERM OF THE ENERGY SERVICES CONTRACT AND  ON  SUCH  TERMS
AND  CONDITIONS  AS  MAY BE AGREEABLE TO THE PARTIES THERETO AND ARE NOT
OTHERWISE INCONSISTENT WITH LAW, AND NOTWITHSTANDING THAT SUCH  REAL  OR
OTHER  PROPERTY  MAY  REMAIN  USEFUL  TO SUCH ENTITY FOR THE PURPOSE FOR
WHICH SUCH REAL OR OTHER PROPERTY WAS ORIGINALLY ACQUIRED OR DEVOTED  OR
FOR WHICH SUCH REAL OR OTHER PROPERTY IS BEING USED.
  (E) NOTHING CONTAINED IN THIS SUBDIVISION IS INTENDED TO LIMIT, IMPAIR
OR  AFFECT  THE AUTHORITY'S LEGAL AUTHORITY TO PROVIDE ENERGY EFFICIENCY
AND ENERGY SERVICES PROGRAMS THAT EXISTED AS OF THE  EFFECTIVE  DATE  OF
THIS SUBDIVISION.
  (F)  THE  AUTHORITY  SHALL  COMPLETE AND SUBMIT A REPORT, ON OR BEFORE
JANUARY THIRTY-FIRST, TWO THOUSAND TWELVE, ON THOSE ACTIVITIES UNDERTAK-
EN PURSUANT TO THIS SUBDIVISION TO THE  GOVERNOR,  THE  SPEAKER  OF  THE
ASSEMBLY,  THE TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY LEADER OF
THE SENATE, THE MINORITY LEADER OF THE ASSEMBLY, THE CHAIR OF THE SENATE
FINANCE COMMITTEE, THE CHAIR OF THE ASSEMBLY WAYS AND  MEANS  COMMITTEE,
THE  CHAIR  OF THE ASSEMBLY ENERGY COMMITTEE AND THE CHAIR OF THE SENATE
ENERGY COMMITTEE.
  S 2. This act shall take effect immediately  and  shall  expire  three
years  after  it  shall have become a law; provided that such expiration
shall not affect the validity of any energy services contract authorized
by this act and entered into prior to its expiration.

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Assembly Bill A9040

Sponsored By

Archive: Last Bill Status - Signed by Governor

Jul 16, 2009 - Floor Vote

Floor Vote: Jul 16, 2009

2009-A9040 (ACTIVE) - Details

2009-A9040 (ACTIVE) - Summary

2009-A9040 (ACTIVE) - Sponsor Memo

2009-A9040 (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A9040

Share this bill

Sponsored By

CAHILL

Archive: Last Bill Status - Signed by Governor

2009-A9040 (ACTIVE) - Details

2009-A9040 (ACTIVE) - Summary

2009-A9040 (ACTIVE) - Sponsor Memo

2009-A9040 (ACTIVE) - Bill Text download pdf

Comments