S T A T E O F N E W Y O R K
I N S E N A T E
March 22, 2010
Introduced by Sen. FUSCHILLO -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government
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
(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-
(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.
S. 7199 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
(c) Such loans shall only be available to owners of improved residen-
tial and commercial properties that are undergoing capital improvements
(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.