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S3640-2013 Actions

• Apr 22, 2013: ADVANCED TO THIRD READING
• Apr 17, 2013: 2ND REPORT CAL.
• Apr 16, 2013: 1ST REPORT CAL.309
• Feb 27, 2013: REPORTED AND COMMITTED TO FINANCE
• Feb 7, 2013: REFERRED TO ENERGY AND TELECOMMUNICATIONS

S3640-2013 Meetings

Energy and Telecommunications: Feb 27, 2013, Finance: Apr 16, 2013

S3640-2013 Calendars

Floor Calendar: Apr 17, 2013 , Floor Calendar: Apr 22, 2013 , Floor Calendar: Apr 23, 2013 , Floor Calendar: Apr 24, 2013 , Floor Calendar: Apr 29, 2013 , Floor Calendar: Apr 30, 2013 , Floor Calendar: May 1, 2013 , Floor Calendar: May 6, 2013 , Floor Calendar: May 7, 2013 , Floor Calendar: May 8, 2013 , Floor Calendar: May 20, 2013 , Floor Calendar: May 21, 2013 , Floor Calendar: May 22, 2013

S3640-2013 Votes

S3640-2013 Memo

BILL NUMBER:S3640

TITLE OF BILL:  An act to amend the executive law, in relation to the
bulk electricity purchasing program

PURPOSE:  The bulk purchasing would create additional opportunities for
overall energy cost-savings. OGS currently uses bulk purchasing of gaso-
line and heating fuel to provide cost savings for the State. localities
and schools. This bill would allow for the bulk purchasing of electric-
ity.

SUMMARY OF PROVISIONS:  Adds a new section 204 to the Executive Law to
create the Bulk Electricity Purchasing Program to be administered by the
Commissioner of the Office of General Services (OGS) working in cooper-
ation with governmental and non-governmental organizations. The bulk
fuel purchasing program will be available on a voluntary basis to State
agencies, municipalities and school districts.

JUSTIFICATION:  According to a survey by the New York State Association
of School Business Officials and the New York State Association for
Superintendents of School Buildings and Grounds, if energy prices remain
at their current levels, many school districts in New York expect to see
shortfalls in their budgets. Giving, OGS the authority to bulk purchase
electricity would create additional opportunities for overall energy
cost-savings for school districts as well as State and its agencies, and
localities.

LEGISLATIVE HISTORY: 2012- S.4747

FISCAL IMPLICATIONS: Subject to appropriation

EFFECTIVE DATE:  This act shall take effect on the ninetieth day after
it shall have become a law.

S3640-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         3640
 2013-2014 Regular Sessions
 I N  SENATE
 February 7, 2013
 
 Introduced  by  Sens.  O'MARA,  MAZIARZ,  RANZENHOFER  -- read twice and
 ordered printed, and when printed to be committed to the Committee  on
 Energy and Telecommunications
 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
 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08541-01-3
 
       S. 3640                             2
 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.

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