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

                                  7199

                            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
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
              

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
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.