Senate Bill S4795

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

                                  4795

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the general municipal law, in relation to  the  creation
  of  the  sustainable  energy  loan program to assist homeowners in the
  installation of distributed generation  renewable  energy  sources  or
  energy efficiency improvements

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

  Section 1. The general municipal law is amended by adding a new  arti-
cle 17-A to read as follows:
                               ARTICLE 17-A
                     SUSTAINABLE ENERGY LOAN PROGRAM
SECTION 750. LEGISLATIVE INTENT.
        751. DEFINITIONS.
        752. SUSTAINABLE ENERGY LOAN PROGRAM.
        753. STATE CAPITAL GRANTS AND/OR LOANS TO ASSIST THE SUSTAINABLE
               ENERGY LOAN PROGRAM.
  S  750.  LEGISLATIVE  INTENT.  IT  IS THE INTENT OF THE LEGISLATURE TO
PROMOTE ENERGY EFFICIENCY AMONG THE PEOPLE OF THE  STATE.  MANY  OF  THE
AVAILABLE  RENEWABLE ENERGY TECHNOLOGIES ARE COSTLY ENDEAVORS THAT PROP-
ERTY OWNERS OF THE STATE CANNOT AFFORD TO MAKE. THIS  LEGISLATION  WOULD
HELP  LOWER  ENERGY  COSTS,  REDUCE GREENHOUSE EMISSIONS AND MAKE ENERGY
EFFICIENCY IMPROVEMENTS MORE AFFORDABLE BY OFFERING A SUSTAINABLE ENERGY
LOAN PROGRAM TO ASSIST HOMEOWNERS IN  THE  INSTALLATION  OF  DISTRIBUTED
GENERATION  RENEWABLE  ENERGY  SOURCES OR ENERGY EFFICIENCY IMPROVEMENTS
THROUGH LOANS OFFERED BY THE MUNICIPALITY TO BE REPAID OVER A PERIOD  OF
TIME THROUGH AN ANNUAL TAX ON THE PROPERTY.
  S  751. DEFINITIONS. 1. "DISTRIBUTED GENERATION" SHALL MEAN THE GENER-
ATION OF ENERGY CLOSE TO THE POINT OF USE.
  2. "RENEWABLE ENERGY SOURCES" SHALL  MEAN  THE  PRODUCTION  OF  ENERGY
THROUGH HYDRO, SOLAR, GEOTHERMAL, BIOMASS, AND WIND SOURCES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06147-01-9
              

S. 4795                             2

  S 752. SUSTAINABLE ENERGY LOAN PROGRAM. 1. (A) EACH MUNICIPALITY SHALL
OFFER  A  SUSTAINABLE ENERGY LOAN TO HOMEOWNERS FOR THE FINANCING OF THE
INSTALLATION OF DISTRIBUTED GENERATION RENEWABLE ENERGY SOURCES OR ENER-
GY EFFICIENCY IMPROVEMENTS THAT ARE PERMANENTLY FIXED TO THE RESIDENTIAL
PROPERTY.
  (B)  SUCH LOAN SHALL ONLY BE AVAILABLE TO OWNERS OF DEVELOPED RESIDEN-
TIAL PROPERTY THAT ARE UNDERGOING CAPITAL UPGRADES OR IMPROVEMENTS.
  (C) SUCH LOANS SHALL NOT BE AVAILABLE TO  FINANCE  PARCELS  UNDERGOING
DEVELOPMENT.
  2.  THE  LOAN  REFERENCED  IN SUBDIVISION ONE OF THIS SECTION SHALL BE
REPAID BY THE HOMEOWNER THROUGH A CONTRACTUAL ASSESSMENT LEVIED  ON  THE
PROPERTY WHERE THE SUSTAINABLE ENERGY LOAN WAS RECEIVED AND APPLIED.
  3.  THE  MUNICIPALITY  SHALL  DISTRIBUTE INFORMATION TO HOMEOWNERS AND
REPORT TO THE LEGISLATURE, IDENTIFYING THE FOLLOWING INFORMATION:
  (A) THE KINDS OF DISTRIBUTED GENERATION RENEWABLE  ENERGY  SOURCES  OR
ENERGY  EFFICIENCY  IMPROVEMENTS THAT MAY BE FINANCED THROUGH THE USE OF
CONTRACTUAL ASSESSMENTS;
  (B) IDENTIFICATION OF THE MUNICIPAL OFFICIAL AUTHORIZED TO ENTER  INTO
CONTRACTUAL ASSESSMENTS ON BEHALF OF THE MUNICIPALITY;
  (C) A MAXIMUM AGGREGATE DOLLAR AMOUNT OF CONTRACTUAL ASSESSMENTS;
  (D)  A  METHOD FOR SETTING REQUESTS FROM PROPERTY OWNERS FOR FINANCING
THROUGH CONTRACTUAL ASSESSMENTS IN PRIORITY ORDER,  IN  THE  EVENT  THAT
REQUESTS APPEAR LIKELY TO EXCEED THE AUTHORIZATION AMOUNT; AND
  (E)  A  PLAN  FOR  RAISING  A  CAPITAL AMOUNT REQUIRED TO PAY FOR WORK
PERFORMED PURSUANT TO CONTRACTUAL ASSESSMENTS INCLUDING:
  (1) AMOUNTS TO BE ADVANCED BY THE MUNICIPALITY THROUGH FUNDS AVAILABLE
TO IT FROM ANY SOURCE,
  (2) A STATEMENT OF OR METHOD FOR DETERMINING  THE  INTEREST  RATE  AND
TIME  PERIOD  DURING WHICH CONTRACTING RESIDENTIAL PROPERTY OWNERS WOULD
PAY AN ASSESSMENT, AND
  (3) A PLAN FOR RESERVE FUND OR FUNDS AND THE APPORTIONMENT OF  ALL  OR
ANY  PORTION  OF  THE COSTS INCIDENTAL TO FINANCING, ADMINISTRATION, AND
COLLECTION OF THE CONTRACTUAL ASSESSMENT PROGRAM AMONG CONSENTING  RESI-
DENTIAL PROPERTY OWNERS AND THE MUNICIPALITY.
  4.  THE  APPROPRIATE MUNICIPAL OFFICIAL SHALL ENTER INTO CONSULTATIONS
WITH THE COUNTY TAX ASSESSOR'S OFFICE TO REACH AN  AGREEMENT  CONCERNING
THE  ADDITIONAL FEES, IF ANY, THAT WILL BE CHARGED FOR INCORPORATING THE
PROPOSED CONTRACTUAL ASSESSMENTS INTO THE  ASSESSMENTS  OF  THE  GENERAL
TAXES OF THE COUNTY ON RESIDENTIAL REAL PROPERTY, AND A PLAN FOR FINANC-
ING THE PAYMENT OF THOSE FEES.
  5. THE MUNICIPALITY SHALL IMPLEMENT REPORTING MECHANISMS TO SHOW INDI-
VIDUALS  OF  THE  STATE,  AND THE LEGISLATURE, WHERE THE INSTALLATION OF
DISTRIBUTED GENERATION RENEWABLE ENERGY  SOURCES  OR  ENERGY  EFFICIENCY
IMPROVEMENTS ARE BEING MADE BY HOMEOWNERS WITHIN THE COUNTY.
  6.  THE  AGGREGATE  AMOUNT OF EACH SUSTAINABLE ENERGY LOAN PROVIDED BY
THE MUNICIPALITY SHALL NOT EXCEED THE COST OF THE EQUIPMENT AND  MATERI-
ALS  NECESSARY  FOR THE INSTALLATION OF DISTRIBUTED GENERATION RENEWABLE
ENERGY SOURCES OR ENERGY EFFICIENCY  IMPROVEMENTS  PLUS  THE  COSTS  FOR
INSTALLATION OF SUCH EQUIPMENT.
  7.  CONTRACTUAL  ASSESSMENTS  LEVIED PURSUANT TO THIS SECTION, AND THE
INTEREST AND ANY PENALTIES THEREON, SHALL CONSTITUTE A LIEN AGAINST  THE
PARCELS OF LAND ON WHICH THEY ARE MADE UNTIL THEY ARE PAID.
  S  753.  STATE  CAPITAL  GRANTS AND/OR LOANS TO ASSIST THE SUSTAINABLE
ENERGY LOAN PROGRAM. 1. THE STATE SHALL MAKE OR CONTRACT TO MAKE A STATE
CAPITAL GRANT AND/OR LOAN, WITHIN APPROPRIATIONS THEREFOR, TO A  MUNICI-
PALITY TO ASSIST IN MEETING THE COST AND PLANS FOR THE SUSTAINABLE ENER-

S. 4795                             3

GY  LOAN  PROGRAM ESTABLISHED BY SECTION SEVEN HUNDRED FIFTY-TWO OF THIS
ARTICLE, INCLUDING THE ADMINISTRATIVE AND OTHER RELATED EXPENDITURES  TO
BE INCURRED IN UNDERTAKING SUCH LOAN PROGRAM.
  2.  (A)  ALL  CONTRACTS  FOR  STATE CAPITAL GRANTS AND/OR LOANS ISSUED
PURSUANT TO THIS SECTION SHALL BE SUBJECT TO APPROVAL BY THE STATE COMP-
TROLLER, AND BY THE ATTORNEY GENERAL AS TO FORM.
  (B) ADVANCES OR PROGRESS PAYMENTS MAY BE MADE ON ACCOUNT OF ANY  STATE
CAPITAL GRANT AND/OR LOAN CONTRACTED TO BE MADE PURSUANT TO THIS SECTION
AND SUCH ADVANCES OR PAYMENTS SHALL NOT CONSTITUTE PERIODIC SUBSIDIES.
  3.  ANY  SUCH STATE CAPITAL GRANT AND/OR LOAN SHALL BE IN SUCH AMOUNT,
WITHIN APPROPRIATIONS THEREFOR, AS  THE  COMMISSIONER,  IN  HIS  OR  HER
DISCRETION, MAY DEEM NECESSARY TO ASSIST THE MUNICIPALITY IN DISCHARGING
ITS  OBLIGATIONS  IN CONNECTION WITH THE SUSTAINABLE ENERGY LOAN PROGRAM
FOR WHICH THE GRANT AND/OR LOAN SHALL BE MADE.
  S 2. This act shall take effect on the first of January next  succeed-
ing  the  date  on  which it shall have become a law. Provided, however,
that effective immediately the addition, amendment and/or repeal of  any
rule  or  regulation necessary for the implementation of this act on its
effective date is authorized and directed to be made and completed on or
before such effective date.