NY S06958

Defines "power purchase agreement" as an agreement where a third-party owner generates electricity from net metering-eligible energy technology and sells it to an agency or municipality for a set price, volume, and duration.

Authorizes agencies, municipalities, and public authorities to enter into power purchase agreements lasting up to 35 years, not to exceed the reasonably expected useful life of the energy facilities.

Power purchase agreements cannot be voided, voidable, or terminated except for non-performance by the other party, notwithstanding any law or judicial decision restricting a governing body's authority to bind successor bodies.

Allows agencies, municipalities, and public authorities to lease or license their real property to third-party owners for construction and operation of energy facilities under a power purchase agreement for the same duration as the agreement term.

Exempts power purchase agreements for school districts and boards of cooperative educational services from being classified as leases or lease-purchases under education law, and permits the Commissioner of Education to develop building permit and safety regulations for net metering-eligible energy technologies.