Senate Bill S5867

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

                                 5867--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 15, 2009
                               ___________

Introduced  by  Sen.  LIBOUS -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Rules  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT in relation to creating a sustainable energy loan program in the
  city of Binghamton

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

  Section  1.  Legislative  intent.  1.  It is the intent of the city of
Binghamton to facilitate efforts of  its  residents  and  businesses  to
utilize  energy  more  efficiently and utilize renewable energy sources,
thereby reducing carbon emissions  and  achieving  substantial  environ-
mental and financial benefits.
  2. In order to assist residents and businesses in the city of Bingham-
ton  by  making  energy  audits  and energy efficiency improvements more
affordable and  promoting  the  installation  and  utilization  of  such
improvements,  it  is  necessary to set forth a mechanism to finance the
cost of such energy audits and energy efficiency improvements.
  3. Pursuant thereto, this legislation will help  lower  energy  costs,
reduce  greenhouse gas emissions and make energy audits and energy effi-
ciency improvements more affordable by  offering  a  sustainable  energy
loan  program to assist property owners within the city of Binghamton in
the installation of energy efficiency improvements.  Such  loans  to  be
offered  by  the  city  shall be repaid over a period of time through an
annual assessment on the property of the borrower.
  S 2. City of Binghamton sustainable  energy  loan  program.  1.  Defi-
nitions.    For the purposes of this act, the following terms shall have
the following meanings:
  (a) "Energy efficiency improvement" shall mean a material  improvement
made  to  an  existing  residential  or commercial property that reduces
energy consumption, including but not limited to caulking, weatherstrip-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14352-03-9
              

S. 5867--A                          2

ping, air sealing, insulation, heating  and  cooling  systems  upgrades,
solar  thermal  systems  and  conservation measures, in a cost-effective
manner as determined by the city; provided, however, that "energy  effi-
ciency  improvement"  does  not include a household appliance, such as a
washing machine or refrigerator, that is not permanently fixed  to  real
property.
  (b)  "Energy  audit"  shall  mean  a  formal evaluation by a certified
contractor of the energy consumption of a residential property  for  the
purpose  of  identifying methods to improve energy efficiency and reduce
energy waste.
  2. Sustainable energy revolving loan fund program.   (a) The  city  of
Binghamton,  New York at its discretion shall offer a sustainable energy
loan to homeowners and businesses for the financing of  the  performance
of  energy  audits  and  the  installation of material energy efficiency
improvements that will be affixed to the property of the borrower.
  (b) The city of Binghamton is authorized to use monies made  available
for  the  program from federal grants that may be used for this purpose,
for the purpose of implementing the sustainable energy loan program.
  (c) The loans issued by the city pursuant to  this  program  shall  be
repaid  by  the borrower through an assessment levied by the city on the
real property where  the  sustainable  energy  loan  was  applied.  Such
assessment  shall be included annually within the city 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  city  of  Binghamton shall not exceed the actual cost of performing
the energy audit, of installing energy efficiency improvements,  includ-
ing  the  costs  of  necessary  equipment and materials and installation
costs and of reasonable administrative costs.
  (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.
  (f)  At  the discretion of the city of Binghamton, such loans may also
be offered for other demonstrated measures to reduce the  generation  of
greenhouse  gases  that  are  permanently  installed on residential real
property.
  3. Necessity. The city council of Binghamton, New York  declares  that
this legislation is necessary for the immediate protection of the public
interest  and for the implementation of the energy efficiency and green-
house gas reduction plans of the city of Binghamton and the state of New
York.
  S 3. This act shall take effect immediately.