S T A T E   O F   N E W   Y O R K
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                                  10333

                          I N  A S S E M B L Y

                             March 18, 2010
                               ___________

Introduced  by  M.  of  A.  McDONOUGH  --  read once and referred to the
  Committee on Energy

AN ACT in relation to creating a sustainable energy loan program in  the
  county of Nassau

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

  Section 1. Legislative intent.  (a) It is the intent of the county  of
Nassau to promote energy efficiency among residents and businesses with-
in the county, including the promotion of energy efficiency improvements
and  the  utilization  of renewable energy sources in existing buildings
within the county.
  (b) In order to address the issue of global climate change and  green-
house  gas  emissions  in  the county of Nassau, the county has embarked
upon an effort to reduce energy demand from existing buildings so as  to
have  the  county  of  Nassau  meet statewide energy efficient goals. In
order to assist residents and businesses in the county  of  Nassau  make
energy  efficiency  improvements  more  affordable  and  to  promote the
installation and utilization of such improvements, it  is  necessary  to
set  forth  a  mechanism  to  finance the cost of such energy efficiency
improvements.
  (c) Pursuant thereto, this legislation will help lower  energy  costs,
reduce greenhouse gas emissions and make energy efficiency and renewable
energy  improvements  more  affordable  by offering a sustainable energy
loan program to assist homeowners and businesses within  the  county  of
Nassau  in  the  installation of distributed generation renewable energy
sources or energy efficiency improvements. Such loans to be  offered  by
the  county  shall  be  repaid  over  a period of time through an annual
assessment on the property of the borrower.
  S 2. County of Nassau sustainable energy loan program. 1. Definitions.
For the purposes of this act, the following terms shall have the follow-
ing meanings:
  (a) "Distributed generation" shall mean the generation of energy close
to the point of use.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16524-01-0
              

A. 10333                            2

  (b) "Renewable energy source" shall mean solar,  wind,  photovoltaics,
tidal,  geothermal,  fuel cell technologies and low-impact, run-of-river
hydroelectric electric generating equipment with capacity up  to  thirty
megawatts with no new storage impoundment.
  (c)  "Energy efficiency improvement" shall mean a material improvement
made to an existing residential or business property that reduces energy
consumption, including but not limited  to  caulking,  weatherstripping,
air  sealing,  insulation,  heating  and cooling systems upgrades, solar
thermal systems and conservation measures, in a cost-effective manner as
determined by the county, provided,  however,  that  "energy  efficiency
improvement"  does  not include a household appliance, such as a washing
machine or refrigerator, that is not permanently fixed to real property.
  2. Sustainable energy loan program. (a) The county of  Nassau  at  its
discretion  shall  offer  a sustainable energy loan to homeowners, busi-
nesses and not-for-profit organizations for the financing of the instal-
lation of distributed generation renewable energy sources and/or  energy
efficiency improvements that will be permanently affixed to the property
of the borrower.
  (b)  The  county  of Nassau is authorized to use monies made available
for the program from federal grants and state and  county  issued  bonds
that  may  be used for this purpose, to implement the sustainable energy
loan program.
  (c) Such loans shall only be available to owners of improved  residen-
tial  and commercial properties that are undergoing capital improvements
or upgrades.
  (d) The loans issued by the county pursuant to this program, shall  be
repaid by the borrower through an assessment levied by the county on the
real  property  where  the  sustainable  energy  loan  was applied. Such
assessment shall be included annually within the  county  real  property
tax bill which is transmitted to the borrower until repaid in full.
  (e)  The  aggregate amount of each sustainable energy loan provided by
the county of Nassau shall not exceed the actual cost of  the  equipment
and  materials  necessary for the installation of distributed generation
renewable energy sources or energy  efficiency  improvements,  including
the installation costs of such equipment.
  (f)  Assessments levied pursuant to this section, including any inter-
est and penalties, shall constitute a lien upon the parcel of real prop-
erty for which the loan is made.
  3. Necessity. The county legislature of the county of Nassau  declares
that  this  legislation is necessary for the immediate protection of the
public interest and for the implementation of the energy efficiency  and
greenhouse  gas  reduction plans of the county legislature and the state
of New York.
  S 3. This act shall take effect immediately.