NY State Senate Bill 2025-S1986

Senate Bill S1986

2025-2026 Legislative Session

Extends the time period for recovery of energy performance contract costs incurred by school districts

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Current 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 14, 2025	referred to education

co-Sponsors

2025-S1986 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §3602, Ed L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5099
2021-2022: S6307
2023-2024: S2699

2025-S1986 (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.

2025-S1986 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1986

SPONSOR: HARCKHAM
 
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 to 25 years.

 
SUMMARY OF PROVISIONS:

Section 1 amends the statutory limit of energy performance contracts
from 18 years to 25 years. Section 2 sets the 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
up front 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:

2023-2024: S2699/A6577 - Died in Finance

2021-2022: S6307/A3446 - Passed Senate/Died in Education Committee

2019 - 2020: S5099/A7771 - Died in Education Committee

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S1986 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1986
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2025
                                ___________
 
 Introduced  by Sens. HARCKHAM, HOYLMAN-SIGAL, JACKSON, MAY -- 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.
                                                            LBD04732-01-5

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Senate Bill S1986

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Sponsored By

Pete Harckham