S T A T E O F N E W Y O R K
________________________________________________________________________
5132
2009-2010 Regular Sessions
I N A S S E M B L Y
February 10, 2009
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Introduced by M. of A. V. LOPEZ, BRENNAN, LENTOL, ROSENTHAL -- Multi-
Sponsored by -- M. of A. PHEFFER -- read once and referred to the
Committee on Energy
AN ACT to amend the public authorities law, in relation to requiring the
power authority of the state of New York to provide insulation and
energy conservation plans to certain housing authority customers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public authorities law is amended by adding a new
section 1001-b to read as follows:
S 1001-B. INSULATION AND ENERGY CONSERVATION PLANS FOR HOUSING AUTHOR-
ITY CUSTOMERS. THE LEGISLATURE HEREBY FINDS AND DECLARES THAT THERE IS A
CONTINUING NEED TO CONSERVE ENERGY IN MANY HOMES IN NEW YORK STATE WHICH
LACK ADEQUATE INSULATION AND OTHER CONSERVATION MEASURES. THIS NEED IS
MOST PRONOUNCED, HOWEVER, IN THE STATE'S MULTIFAMILY DWELLINGS WITHIN
THE METROPOLITAN AREA OF THE CITY OF NEW YORK WHERE THE OWNERS AND
TENANTS OF SUCH PROPERTIES ARE UNABLE TO AFFORD THE INITIAL COST OF
ENERGY CONSERVATION MEASURES. BECAUSE ENERGY WASTE IN MULTIFAMILY DWELL-
INGS CAUSES MORE EXPENSIVE AND LESS EFFICIENT ENERGY SOURCES TO BE USED,
THE REDUCTION OF ENERGY CONSUMPTION IN THESE BUILDINGS WILL ACCRUE TO
THE BENEFIT OF ALL ENERGY USERS IN THE STATE. ACCORDINGLY, THE LEGISLA-
TURE HEREBY DIRECTS THE POWER AUTHORITY OF THE STATE OF NEW YORK TO
PROVIDE TO ITS HOUSING AUTHORITY CUSTOMERS, INCLUDING THE NEW YORK CITY
HOUSING AUTHORITY, AN INSULATION AND ENERGY CONSERVATION PLAN.
1. AS USED IN THIS SECTION, THE TERM "ENERGY CONSERVATION MEASURES"
SHALL MEAN:
(A) CAULKING AND WEATHERSTRIPPING OF ALL EXTERIOR DOORS AND WINDOWS;
(B) FURNACE EFFICIENCY MODIFICATIONS INCLUDING BUT NOT LIMITED TO:
(I) REPLACEMENT BURNERS DESIGNED TO REDUCE THE FIRING RATE OR TO
ACHIEVE A REDUCTION IN THE AMOUNT OF FUEL CONSUMED AS A RESULT OF
INCREASED COMBUSTION EFFICIENCY;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08357-01-9
A. 5132 2
(II) DEVICES FOR MODIFYING FLUE OPENINGS WHICH WILL INCREASE THE EFFI-
CIENCY OF THE HEATING SYSTEM; AND
(III) ELECTRICAL OR MECHANICAL FURNACE IGNITION SYSTEMS WHICH REPLACE
STANDING GAS PILOT LIGHTS;
(C) FURNACE AND BOILER RETROFITS, INCLUDING BUT NOT LIMITED TO BURNER
AND SYSTEM DERATING;
(D) FURNACE AND BOILER REPLACEMENTS REGARDLESS OF THE FUEL USED,
PROVIDED THAT SUCH REPLACEMENT FURNACES OR BOILERS SHALL MEET MINIMUM
EFFICIENCY STANDARDS ESTABLISHED BY THE COMMISSION;
(E) HEAT PUMPS PROVIDED THAT SUCH HEAT PUMPS SHALL MEET SUCH MINIMUM
EFFICIENCY STANDARDS FOR HEATING AND COOLING PURPOSES ESTABLISHED BY THE
PUBLIC SERVICE COMMISSION IN THE ABSENCE OF ANY PROVISION ESTABLISHING
SUCH STANDARDS IN THE ENERGY LAW;
(F) CLOCK THERMOSTATS;
(G) CEILING, ATTIC, WALL, FOUNDATION, AIR DUCT, HEATING PIPE AND FLOOR
INSULATION;
(H) HOT WATER HEATER INSULATION;
(I) STORM AND THERMAL WINDOWS AND DOORS;
(J) SOLAR AND WIND SYSTEMS; AND
(K) LOAD MANAGEMENT DEVICES AND ENERGY USE METERS, TOGETHER WITH ASSO-
CIATED WIRING.
2. THE AUTHORITY SHALL ADOPT AND IMPLEMENT AN INSULATION AND ENERGY
CONSERVATION PLAN AND SHALL OFFER PARTICIPATION TO ANY HOUSING AUTHORITY
CUSTOMER, INCLUDING, BUT NOT LIMITED TO THE NEW YORK CITY HOUSING
AUTHORITY, WHICH RECEIVES ELECTRIC SERVICE FROM THE AUTHORITY. SUCH
PLAN SHALL PROVIDE PARTICIPATING CUSTOMERS WITH THE OPPORTUNITY TO ENTER
INTO AN AGREEMENT WITH THE AUTHORITY WHEREBY THE AUTHORITY SHALL PROVIDE
FINANCIAL ASSISTANCE TO FINANCE THE INSTALLATION OF ENERGY CONSERVATION
MEASURES; PROVIDED THAT NO COSTS ASSOCIATED WITH SUCH FINANCIAL ASSIST-
ANCE SHALL BE CHARGED TO THE AUTHORITY'S CUSTOMERS. FINANCIAL ASSISTANCE
SHALL BE REPAID TO THE AUTHORITY, OVER A PERIOD NOT TO EXCEED TEN YEARS,
WITH SAVINGS IN ENERGY COSTS AND RELATED COSTS WHICH ACCRUE TO THE
PARTICIPATING CUSTOMERS AS A RESULT OF INSTALLING SUCH MEASURES.
3. THE AUTHORITY SHALL AFFORD EACH PARTICIPANT IN ITS INSULATION AND
ENERGY CONSERVATION PLAN THE OPTION OF INSTALLING ENERGY CONSERVATION
MEASURES EITHER (A) BY PERFORMING THE WORK ON A "DO-IT-YOURSELF" BASIS,
WHERE DEEMED SAFE AND FEASIBLE; (B) THROUGH THE USE OF SERVICES PROVIDED
BY THE AUTHORITY ITSELF, IF THE AUTHORITY DECIDES TO OFFER SUCH SERVICES
PROVIDED, HOWEVER, THAT IN OFFERING SUCH SERVICES, THE AUTHORITY SHALL
CONTRACT, THROUGH THE USE OF PREVAILING COMPETITIVE BIDDING PROCESSES,
WITH PERSONS, FIRMS AND CORPORATIONS NOT OWNED OR OPERATED BY SUCH
AUTHORITY FOR THE INSTALLATION OF ENERGY CONSERVATION MEASURES; OR, (C)
THROUGH THE USE OF THE SERVICES OF A CONTRACTOR AND/OR SUPPLIER OF THE
CUSTOMER'S CHOICE. IN IMPLEMENTING PARAGRAPH (A) OF THIS SUBDIVISION,
THE AUTHORITY, IN CONSULTATION WITH THE PUBLIC SERVICE COMMISSION, SHALL
PREPARE A "DO-IT-YOURSELF" MANUAL FOR THE CUSTOMERS IT SERVES, DETAILING
THE MATERIALS CAPABLE OF BEING USED, THEIR MANNER OF EFFECTIVE INSTALLA-
TION, AND THE CRITERIA USED IN INSPECTION TO DETERMINE THE DEGREE OF
EFFECTIVENESS.
S 2. This act shall take effect immediately.