S T A T E O F N E W Y O R K
________________________________________________________________________
9088
2009-2010 Regular Sessions
I N A S S E M B L Y
July 27, 2009
___________
Introduced by M. of A. WALKER -- read once and referred to the Committee
on Energy
AN ACT in relation to creating a sustainable energy loan program in the
town of Oyster Bay
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. The legislature hereby finds that: (a)
the town of Oyster Bay intends to promote energy efficiency among resi-
dents and businesses within such town, including the promotion of energy
efficiency improvements and the utilization of renewable energy sources
in existing buildings within the town of Oyster Bay;
(b) in order to address the issue of global climate change and green-
house gas emissions in the town of Oyster Bay, such town has embarked
upon an effort to reduce energy demand from existing buildings so as to
have the town of Oyster Bay meet statewide energy efficient goals. In
order to assist residents and businesses in the town of Oyster Bay 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; and
(c) pursuant thereto, this act will help lower energy costs, reduce
greenhouse gas emissions and make energy efficiency and renewable energy
improvements more affordable by establishing a sustainable energy loan
program to assist homeowners and businesses within the town of Oyster
Bay in the installation of distributed generation renewable energy
sources or energy efficiency improvements. Such loans to be offered by
such town shall be repaid over a period of time through an annual
assessment on the real property of the borrower.
S 2. Definitions. For the purposes of this act: (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.
LBD14530-01-9
A. 9088 2
(b) "Renewable energy source" shall mean the production of energy
through hydro, solar thermal, solar photo-voltaic, geothermal, biomass
or other renewable energy resources.
(c) "Energy efficiency improvement" shall mean an installation or
modification that is designed to reduce energy consumption in residen-
tial or commercial properties.
S 3. Sustainable energy loan program. (a) The town of Oyster Bay at
its discretion shall establish a sustainable energy loan program to
homeowners and businesses for the financing of the installation of
distributed generation renewable energy sources and/or energy efficiency
improvements that will be permanently affixed to the property of the
borrower.
(b) Such loans shall only be available to owners of improved residen-
tial and commercial properties that are undergoing capital improvements
or upgrades.
(c) The loans issued by the town of Oyster Bay pursuant to this
program, shall be repaid by the borrower through an assessment levied by
such town on the real property where the sustainable energy loan was
applied. Such assessment shall be included annually within such town's
real property tax bill which is transmitted to the borrower until repaid
in full.
(d) The aggregate amount of each sustainable energy loan provided by
the town of Oyster Bay 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.
(e) 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.
S 4. Necessity. The town of Oyster Bay 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 town of Oyster Bay and the state of New York.
S 5. This act shall take effect immediately.