S T A T E   O F   N E W   Y O R K
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                                  9048

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 22, 2009
                               ___________

Introduced  by M. of A. THIELE, CONTE, EDDINGTON, FIELDS, RAIA -- Multi-
  Sponsored by -- M. of A. BOYLE, McDONOUGH -- read once and referred to
  the Committee on Corporations, Authorities and Commissions

AN ACT to amend the public authorities law, in relation to the board  of
  trustees  of  the  Long  Island  power  authority; to amend the public
  authorities law, in  relation  to  powers  granted  to  municipalities
  concerning  public  utility services; to amend the public service law,
  in relation to proposed increases in average customer rates; to  amend
  the public authorities law, in relation to hearings of the Long Island
  power  authority  and prohibiting the Long Island power authority from
  owning any portion of any nuclear generating facilities; to amend  the
  public authorities law, in relation to requiring the authority to post
  any  and  all contracts on its website; to amend the general municipal
  law and the local finance law, in relation to  the  financing  of  the
  installation  of  distributed  generation  renewable energy sources or
  energy efficiency improvements; and to repeal  certain  provisions  of
  the public authorities law relating thereto

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

  Section 1. Legislative intent.  The  legislature  finds  and  declares
that:
  1.  the Long Island power authority was established because the legis-
lature believed that matters of state concern would best be  dealt  with
by  replacing  such  investor  owned utility with a publicly owned power
authority;
  2. a public power authority is best governed by representatives of the
public it was established to serve;
  3. a democratic principal of energy production must seek to ensure  an
equitable responsibility for the production of power among the constitu-
ents served;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14340-01-9

              

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  4.  in  the  future  Long Island should seek to reformulate its energy
distribution methods so that the various townships will  take  responsi-
bility for producing the power necessary to match growth;
  5.  the  public election of trustees to the power authority will serve
to better represent local interests and issues;
  6. as a matter of public  policy,  relinquishing  local  control  over
power  production  does  not allow siting and technology decisions to be
made by the most impacted population. Therefore, through the election of
local trustees, the communities can work to  accept  the  responsibility
for  the  energy  production  decisions  necessary  to accommodate their
needs; and
  7. the Long Island Power Authority (LIPA) was created by the state  to
be  the  retail  supplier  of electricity and is charged with developing
energy policy, rate setting and financial planning for the  Long  Island
service  territory.  LIPA  was  intended  to  "provide safe and adequate
service at lower rates while facilitating the shift of  investment  into
more  beneficial  energy  demand/energy supply management alternatives".
Moreover, the state intended that LIPA utilize "to  the  fullest  extent
practicable, all economical means of conservation, and technologies that
rely  on  renewable  energy  resources, cogeneration and improvements in
energy efficiency which will benefit the interests of the ratepayers  of
the service area".
  The  legislature  finds  that  the interests set forth in this section
will be best served by a utility operated by an elected board  of  trus-
tees.
  S 2. Section 1020-d of the public authorities law, as added by chapter
506  of  the laws of 1995, is REPEALED and a new section 1020-d is added
to read as follows:
  S 1020-D. TRUSTEES. 1. BEGINNING JANUARY FIRST, TWO THOUSAND TEN,  THE
AUTHORITY SHALL CONSIST OF SEVENTEEN TRUSTEES. ONE TRUSTEE, WHO SHALL BE
THE  CHAIR,  SHALL  BE APPOINTED BY THE GOVERNOR, AND SHALL SERVE AT THE
PLEASURE OF THE GOVERNOR. SUCH CHAIR SHALL HAVE  EXPERIENCE  IN  UTILITY
MANAGEMENT  AND  ANY  MEMBER  APPOINTED TO A TERM COMMENCING ON OR AFTER
JUNE THIRTIETH, TWO THOUSAND NINE SHALL HAVE EXPERIENCE IN ONE  OR  MORE
OF  THE  FOLLOWING  AREAS  OF EXPERTISE: UTILITY MANAGEMENT; ELECTRICITY
GENERATION; ELECTRICITY TRANSMISSION;  PUBLIC  ADMINISTRATION;  BUSINESS
MANAGEMENT;  FINANCE;  OR HAVE EXPERIENCE IN SOME OTHER AREA OF ACTIVITY
CENTRAL TO THE MISSION OF THE AUTHORITY.    SIXTEEN  TRUSTEES  SHALL  BE
ELECTED WITH ONE EACH FROM EACH OF THE FOLLOWING POLITICAL SUBDIVISIONS,
OR  IN  THE  CASE  OF THE COUNTY OF QUEENS, THE PORTION OF THE COUNTY OF
QUEENS WITHIN THE SERVICE AREA OF THE AUTHORITY:
  (A) COUNTY OF NASSAU:
  (1) TOWN OF HEMPSTEAD,
  (2) TOWN OF NORTH HEMPSTEAD,
  (3) TOWN OF OYSTER BAY,
  (4) CITY OF LONG BEACH, AND
  (5) CITY OF GLEN COVE;
  (B) COUNTY OF SUFFOLK:
  (1) TOWN OF BABYLON,
  (2) TOWN OF BROOKHAVEN,
  (3) TOWN OF EAST HAMPTON,
  (4) TOWN OF HUNTINGTON,
  (5) TOWN OF ISLIP,
  (6) TOWN OF RIVERHEAD,
  (7) TOWN OF SHELTER ISLAND,
  (8) TOWN OF SMITHTOWN,

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  (9) TOWN OF SOUTHAMPTON,
  (10) TOWN OF SOUTHOLD;
  (C)  THAT  PORTION  OF  THE  COUNTY  OF  QUEENS WITHIN THE AUTHORITIES
SERVICE AREA. EACH ELECTED TRUSTEE SHALL BE A RESIDENT OF THE  POLITICAL
SUBDIVISION  FROM  WHICH HE OR SHE IS ELECTED. IN THE CASE OF THE COUNTY
OF QUEENS, THE TRUSTEE MUST ALSO RESIDE IN THE AUTHORITY  SERVICE  AREA.
NO  PERSON  WHO  IS AN ELECTED OR APPOINTED OFFICIAL OF THE STATE OR ANY
MUNICIPALITY, OR ANY AGENCY OR INSTRUMENTALITY THEREOF, SHALL BE  QUALI-
FIED  TO SERVE AS AN ELECTED TRUSTEE. EACH TRUSTEE SHALL HOLD OFFICE FOR
A TERM OF TWO YEARS AND SHALL BE ELECTED AT THE SAME TIME AS THE BIENNI-
AL TOWN ELECTION. IN THE EVENT OF A VACANCY OCCURRING IN THE  OFFICE  OF
AN ELECTED TRUSTEE BY DEATH, RESIGNATION OR OTHERWISE, A SUCCESSOR SHALL
BE  CHOSEN  BY  THE  GOVERNING BODY OF THE POLITICAL SUBDIVISION FOR THE
UNEXPIRED TERM.
  2. SUCH TRUSTEES SHALL BE ELECTED IN ELECTIONS CONDUCTED BY THE  BOARD
OF  ELECTIONS PURSUANT TO THE APPLICABLE PROVISIONS OF THE ELECTION LAW.
NO POLITICAL PARTY SHALL BE ENTITLED  TO  NOMINATE  CANDIDATES  FOR  THE
OFFICE OF TRUSTEE AT ANY SUCH ELECTION.
  3. NINE TRUSTEES SHALL CONSTITUTE A QUORUM FOR THE PURPOSE OF CONDUCT-
ING THE BUSINESS OF THE AUTHORITY. THE VOTE OF THE MAJORITY OF THE TRUS-
TEES SHALL BE REQUIRED FOR THE PURPOSE OF TAKING ACTION.
  4.  NO  TRUSTEE  SHALL RECEIVE A SALARY, BUT EACH SHALL BE ENTITLED TO
REIMBURSEMENT FOR REASONABLE  EXPENSES  IN  THE  PERFORMANCE  OF  DUTIES
ASSIGNED IN THIS SECTION.
  S 2-a. Section 1020-d of the public authorities law, as added by chap-
ter 807 of the laws of 1986, is renumbered section 1020-d-1.
  S 3. Section 1020-h of the public authorities law, as added by chapter
517  of  the  laws of 1986, is amended by adding two new subdivisions 12
and 13 to read as follows:
  12. NOTHING IN THIS TITLE SHALL BE CONSTRUED AS PREEMPTING, OR  OTHER-
WISE  LIMITING,  THE  RIGHTS  OF ANY MUNICIPALITY LOCATED IN WHOLE OR IN
PART IN THE SERVICE AREA FROM EXERCISING ANY POWER OR AUTHORITY  GRANTED
TO  IT BY ARTICLE FOURTEEN-A OF THE GENERAL MUNICIPAL LAW, INCLUDING THE
RIGHT TO ACQUIRE FACILITIES THROUGH  EMINENT  DOMAIN  AS  SET  FORTH  IN
SUBDIVISION  SIX OF SECTION THREE HUNDRED SIXTY OF THE GENERAL MUNICIPAL
LAW.
  13. IN CONJUNCTION WITH THE EXERCISE OF THE POWER  OF  EMINENT  DOMAIN
SPECIFICALLY  RESERVED  TO MUNICIPALITIES LOCATED IN WHOLE OR IN PART IN
THE SERVICE AREA, THE LEGISLATIVE FINDINGS WITH RESPECT TO THE APPROPRI-
ATE VALUATION OF LILCO'S  PROPERTY,  AS  SET  FORTH  IN  PARAGRAPHS  (F)
THROUGH  (M)  OF SUBDIVISION ONE OF THIS SECTION, SHALL BE CONSIDERED BY
THE COURT IN ESTABLISHING JUST COMPENSATION FOR ANY  PROPERTY  TAKEN  BY
ANY SUCH MUNICIPALITY.
  S  4.  Subdivision 1 of section 5 of the public service law is amended
by adding a new paragraph i to read as follows:
  I. TO THE LONG ISLAND POWER AUTHORITY  AND/OR  ITS  SUBSIDIARIES  WHEN
SUCH  AUTHORITY  SHALL  PROPOSE IMPLEMENTATION OF AN INCREASE IN AVERAGE
CUSTOMER RATES SUCH PROPOSED INCREASE SHALL NOT BE  IMPLEMENTED  WITHOUT
APPROVAL OF THE COMMISSION FOLLOWING A FULL EVIDENTIARY HEARING PURSUANT
TO  REGULATIONS.  WHEN  PETITIONING  THE PUBLIC SERVICE COMMISSION FOR A
RATE INCREASE, THE LONG ISLAND POWER AUTHORITY MUST PREPARE AN  ECONOMIC
IMPACT  STATEMENT ASSESSING THE IMPACT A RATE INCREASE WOULD HAVE ON THE
LONG ISLAND ECONOMY AND EFFORTS TO STIMULATE ECONOMIC GROWTH.
  S 5. Section 1020-f of the public authorities law, as added by chapter
517 of the laws of 1986, is amended by adding two new subdivisions  (bb)
and (cc) to read as follows:

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  (BB)  NO  FEE,  RATE  OR  OTHER  CHARGE SHALL BE ESTABLISHED, FIXED OR
REVISED UNLESS AND UNTIL THE AUTHORITY HAS PROVIDED FOR  WRITTEN  PUBLIC
COMMENT  AND  HAS  HELD  A PUBLIC HEARING AT LEAST SIXTY DAYS PRIOR TO A
VOTE TO INCREASE RATES TO PROVIDE THE PUBLIC WITH AN OPPORTUNITY  TO  BE
HEARD  CONCERNING  THE SAME WITH AT LEAST ONE SUCH HEARING TO BE HELD IN
THE COUNTY OF SUFFOLK AND AT LEAST ONE IN THE COUNTY OF  NASSAU.  NOTICE
OF  SUCH  SHALL BE PUBLISHED BY THE AUTHORITY NOT LESS THAN TEN NOR MORE
THAN TWENTY DAYS BEFORE THE DATE SET THEREFOR IN A NEWSPAPER OR  NEWSPA-
PERS  HAVING  GENERAL CIRCULATION IN THE SERVICE AREA. SUCH NOTICE SHALL
SET FORTH THE DATE, TIME AND PLACE OF SUCH HEARING AND SHALL  INCLUDE  A
BRIEF  DESCRIPTION  OF  THE MATTERS TO BE CONSIDERED AT SUCH HEARING. AT
ALL SUCH HEARINGS, ALL INTERESTED PERSONS SHALL HAVE AN  OPPORTUNITY  TO
BE HEARD CONCERNING THE MATTERS UNDER CONSIDERATION.
  (CC) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE  CONTRARY, THE AUTHORITY SHALL NOT OWN OR POSSESS ANY PORTION OF ANY
NUCLEAR GENERATING FACILITIES.
  S 6. Section 1020-ii of the public authorities law, as  renumbered  by
chapter 234 of the laws of 2004, is renumbered section 1020-jj and a new
section 1020-ii is added to read as follows:
  S 1020-II. POST CONTRACTS ON WEBSITE. THE AUTHORITY SHALL POST ANY AND
ALL CONTRACTS OF THE AUTHORITY ON ITS WEBSITE.
  S 7. The general municipal law is amended by adding  a new article 2-A
to read as follows:
                               ARTICLE 2-A
                     FINANCE OF THE INSTALLATION OF
             DISTRIBUTED GENERATION RENEWABLE ENERGY SOURCES
                    OR ENERGY EFFICIENCY IMPROVEMENTS
SECTION 27.   LEGISLATIVE FINDINGS.
        27-A. DEFINITIONS.
        27-B. CONTRACTUAL ASSESSMENTS.
        27-C. REPORT.
        27-D. PURCHASE AND INSTALLATION.
        27-E. LIENS.
  S  27.  LEGISLATIVE  FINDINGS.  1.  THE  LEGISLATURE FINDS THAT ENERGY
CONSERVATION EFFORTS,  INCLUDING  THE  PROMOTION  OF  ENERGY  EFFICIENCY
IMPROVEMENTS TO RESIDENTIAL, COMMERCIAL, INDUSTRIAL, OR OTHER REAL PROP-
ERTY ARE NECESSARY TO ADDRESS THE ISSUE OF GLOBAL CLIMATE CHANGE.
  2.  THE UPFRONT COST OF MAKING RESIDENTIAL, COMMERCIAL, INDUSTRIAL, OR
OTHER REAL PROPERTY MORE ENERGY EFFICIENT PREVENTS MANY PROPERTY  OWNERS
FROM MAKING THOSE IMPROVEMENTS. TO MAKE THOSE IMPROVEMENTS MORE AFFORDA-
BLE  AND TO PROMOTE THE INSTALLATION OF THOSE IMPROVEMENTS, IT IS NECES-
SARY TO AUTHORIZE A PROCEDURE FOR AUTHORIZING ASSESSMENTS TO FINANCE THE
COST OF ENERGY EFFICIENCY IMPROVEMENTS.
  3. THE LEGISLATURE DECLARES THAT A PUBLIC PURPOSE WILL BE SERVED BY  A
CONTRACTUAL  ASSESSMENT  PROGRAM THAT PROVIDES THE GOVERNING BODY OF ANY
LOCAL GOVERNMENT WITH THE  AUTHORITY  TO  FINANCE  THE  INSTALLATION  OF
DISTRIBUTED  GENERATION  RENEWABLE  ENERGY  SOURCES OR ENERGY EFFICIENCY
IMPROVEMENTS THAT ARE  PERMANENTLY  FIXED  TO  RESIDENTIAL,  COMMERCIAL,
INDUSTRIAL, OR OTHER REAL PROPERTY.
  4.  THIS  ARTICLE  SHALL NOT BE USED TO FINANCE FACILITIES FOR PARCELS
WHICH ARE UNDERGOING DEVELOPMENT.
  5. THIS ARTICLE SHALL NOT BE USED TO FINANCE THE PURCHASE OR INSTALLA-
TION OF APPLIANCES  THAT  ARE  NOT  PERMANENTLY  FIXED  TO  RESIDENTIAL,
COMMERCIAL, INDUSTRIAL, OR OTHER REAL PROPERTY.

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  6.  ASSESSMENTS  MAY  BE LEVIED PURSUANT TO THIS ARTICLE ONLY WITH THE
FREE AND WILLING CONSENT OF THE OWNER OF EACH LOT OR PARCEL ON WHICH  AN
ASSESSMENT IS LEVIED AT THE TIME THE ASSESSMENT IS LEVIED.
  S  27-A.  DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1. "LOCAL GOVERNMENT" SHALL MEAN A CITY, TOWN, VILLAGE, OR COUNTY.
  2. "GOVERNING BOARD" SHALL MEAN THE CITY COUNCIL, TOWN BOARD,  VILLAGE
BOARD, OR COUNTY LEGISLATURE OR BOARD OF SUPERVISORS.
  3.  "RENEWABLE ENERGY SOURCES AND ENERGY EFFICIENT IMPROVEMENTS" SHALL
MEAN  SOLAR  THERMAL,  PHOTOVOLTAIC,  WIND,  HYDROELECTRIC,  GEOTHERMAL,
GEOTHERMAL GROUND SOURCE HEAT, TIDAL ENERGY, WAVE ENERGY, OCEAN THERMAL,
AND  FUEL  CELLS UTILIZING RENEWABLE FUELS AND IMPROVEMENTS WHICH RESULT
IN ENERGY CONSERVATION AND EFFICIENCY.
  S 27-B. CONTRACTUAL ASSESSMENTS. 1.  THE GOVERNING BODY OF  ANY  LOCAL
GOVERNMENT MAY ALSO DETERMINE THAT IT WOULD BE IN THE PUBLIC INTEREST TO
DESIGNATE  AN  AREA WITHIN THE LOCAL GOVERNMENT, WHICH MAY ENCOMPASS THE
ENTIRE LOCAL GOVERNMENT OR A LESSER  PORTION,  WITHIN  WHICH  AUTHORIZED
LOCAL GOVERNMENT OFFICIALS AND PROPERTY OWNERS MAY ENTER INTO CONTRACTU-
AL  ASSESSMENTS  TO  FINANCE  THE INSTALLATION OF DISTRIBUTED GENERATION
RENEWABLE ENERGY SOURCES OR  ENERGY  EFFICIENCY  IMPROVEMENTS  THAT  ARE
PERMANENTLY FIXED TO REAL PROPERTY PURSUANT TO THIS ARTICLE.
  2.  THE  GOVERNING  BODY SHALL MAKE THESE DETERMINATIONS BY ADOPTING A
LOCAL LAW. THE LOCAL LAW  SHALL  INCLUDE  A  STATEMENT  THAT  THE  LOCAL
GOVERNMENT  PROPOSES  TO MAKE CONTRACTUAL ASSESSMENT FINANCING AVAILABLE
TO PROPERTY OWNERS, SHALL IDENTIFY THE KINDS OF PUBLIC  WORKS,  DISTRIB-
UTED  GENERATION RENEWABLE ENERGY SOURCES, OR ENERGY EFFICIENCY IMPROVE-
MENTS THAT MAY BE FINANCED, SHALL DESCRIBE THE BOUNDARIES  OF  THE  AREA
WITHIN  WHICH  CONTRACTUAL  ASSESSMENTS  MAY  BE ENTERED INTO, AND SHALL
BRIEFLY DESCRIBE THE PROPOSED ARRANGEMENTS FOR  FINANCING  THE  PROGRAM.
THE  LOCAL  LAW SHALL STATE THAT IT IS IN THE PUBLIC INTEREST TO FINANCE
THE INSTALLATION OF DISTRIBUTED GENERATION RENEWABLE ENERGY  SOURCES  OR
ENERGY  EFFICIENCY IMPROVEMENTS, OR BOTH, PURSUANT TO SUBDIVISION ONE OF
THIS SECTION, IF APPLICABLE.  THE LOCAL LAW SHALL DIRECT PREPARATION  OF
A REPORT PURSUANT TO SECTION TWENTY-SEVEN-C OF THIS ARTICLE.
  S  27-C. REPORT. THE REPORT REQUIRED BY SECTION TWENTY-SEVEN-B OF THIS
ARTICLE SHALL CONTAIN ALL OF THE FOLLOWING:
  1. A MAP SHOWING THE BOUNDARIES OF THE TERRITORY WITHIN WHICH CONTRAC-
TUAL ASSESSMENTS ARE PROPOSED TO BE OFFERED;
  2. A DRAFT CONTRACT SPECIFYING THE TERMS AND CONDITIONS THAT WOULD  BE
AGREED TO BY A PROPERTY OWNER WITHIN THE CONTRACTUAL ASSESSMENT AREA AND
THE LOCAL GOVERNMENT;
  3.  A  STATEMENT  OF  LOCAL GOVERNMENT POLICIES CONCERNING CONTRACTUAL
ASSESSMENTS INCLUDING ALL OF THE FOLLOWING:
  (A) IDENTIFICATION OF  TYPES  OF  FACILITIES,  DISTRIBUTED  GENERATION
RENEWABLE  ENERGY SOURCES, OR ENERGY EFFICIENCY IMPROVEMENTS THAT MAY BE
FINANCED THROUGH THE USE OF CONTRACTUAL ASSESSMENTS;
  (B) IDENTIFICATION  OF A LOCAL GOVERNMENT OFFICIAL AUTHORIZED TO ENTER
INTO CONTRACTUAL ASSESSMENTS ON BEHALF OF THE LOCAL GOVERNMENT;
  (C) A MAXIMUM AGGREGATE DOLLAR AMOUNT OF CONTRACTUAL ASSESSMENTS; AND
  (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;
  4. A PLAN FOR RAISING A  CAPITAL  AMOUNT  REQUIRED  TO  PAY  FOR  WORK
PERFORMED  PURSUANT  TO  CONTRACTUAL  ASSESSMENTS.  THE PLAN MAY INCLUDE
AMOUNTS TO BE ADVANCED BY THE LOCAL GOVERNMENT THROUGH  FUNDS  AVAILABLE
TO  IT FROM ANY SOURCE. THE PLAN MAY INCLUDE THE SALE OF A BOND OR BONDS

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OR OTHER FINANCING RELATIONSHIP. THE PLAN SHALL INCLUDE A  STATEMENT  OF
OR METHOD FOR DETERMINING THE INTEREST RATE AND TIME PERIOD DURING WHICH
CONTRACTING  PROPERTY  OWNERS  WOULD  PAY ANY ASSESSMENT. THE PLAN SHALL
PROVIDE  FOR  ANY  RESERVE FUND OR FUNDS. THE PLAN SHALL PROVIDE FOR THE
APPORTIONMENT OF ALL OR ANY PORTION OF THE COSTS INCIDENTAL  TO  FINANC-
ING,  ADMINISTRATION,  AND  COLLECTION  OF  THE  CONTRACTUAL  ASSESSMENT
PROGRAM AMONG THE CONSENTING PROPERTY OWNERS AND THE  LOCAL  GOVERNMENT;
AND
  5.  A  REPORT  CONCERNING  THE  ADDITIONAL FEES, IF ANY, THAT SHALL BE
CHARGED FOR INCORPORATING THE PROPOSED CONTRACTUAL ASSESSMENTS INTO  THE
ASSESSMENTS OF THE GENERAL TAXES OF THE LOCAL GOVERNMENT ON REAL PROPER-
TY, AND A PLAN FOR FINANCING THE PAYMENT OF SUCH FEES.
  S 27-D.    PURCHASE  AND  INSTALLATION.    NOTWITHSTANDING  ANY  OTHER
PROVISION  OF  THIS  ARTICLE,  UPON THE WRITTEN CONSENT OF AN AUTHORIZED
LOCAL GOVERNMENT OFFICIAL, THE PROPOSED ARRANGEMENTS FOR  FINANCING  THE
PROGRAM PERTAINING TO THE INSTALLATION OF DISTRIBUTED GENERATION RENEWA-
BLE ENERGY SOURCES OR ENERGY EFFICIENCY IMPROVEMENTS THAT ARE PERMANENT-
LY  FIXED  TO REAL PROPERTY MAY AUTHORIZE THE PROPERTY OWNER TO PURCHASE
DIRECTLY THE RELATED EQUIPMENT AND MATERIALS  FOR  THE  INSTALLATION  OF
DISTRIBUTED  GENERATION  RENEWABLE  ENERGY  SOURCES OR ENERGY EFFICIENCY
IMPROVEMENTS AND TO CONTRACT DIRECTLY FOR THE INSTALLATION  OF  DISTRIB-
UTED  GENERATION  RENEWABLE ENERGY SOURCES OR ENERGY EFFICIENCY IMPROVE-
MENTS THAT ARE PERMANENTLY FIXED TO THE  PROPERTY  OWNER'S  RESIDENTIAL,
COMMERCIAL, INDUSTRIAL, OR OTHER REAL PROPERTY.
  S  27-E.  LIENS.  ASSESSMENTS LEVIED PURSUANT TO THIS ARTICLE, AND THE
INTEREST AND ANY PENALTIES THEREON SHALL CONSTITUTE A LIEN  AGAINST  THE
LOTS  AND  PARCELS  OF LAND ON WHICH THEY ARE MADE, UNTIL SUCH LIENS ARE
PAID. ARTICLE ELEVEN OF THE REAL PROPERTY TAX LAW APPLIES  TO  THE  LEVY
AND  COLLECTION  OF ASSESSMENTS LEVIED PURSUANT TO THIS ARTICLE, INSOFAR
AS SUCH PROVISIONS ARE NOT IN CONFLICT WITH THE PROVISIONS OF THIS ARTI-
CLE, INCLUDING, BUT NOT LIMITED TO, THE COLLECTION OF ASSESSMENTS IN THE
SAME MANNER AND AT THE SAME TIME AS  THE  GENERAL  TAXES  OF  THE  LOCAL
GOVERNMENT  ON  REAL PROPERTY ARE PAYABLE AND ANY PENALTIES AND REMEDIES
AND LIEN PRIORITIES IN THE EVENT OF DELINQUENCY AND DEFAULT.
  S 8. Paragraph a of section 11.00 of the local finance law is  amended
by adding a new subdivision 104 to read as follows:
  104.  RENEWABLE ENERGY SOURCES OR ENERGY EFFICIENCY IMPROVEMENTS.  THE
ACQUISITION AND INSTALLATION OF RENEWABLE ENERGY SOURCES OR ENERGY EFFI-
CIENCY IMPROVEMENTS AS PROVIDED FOR IN  ARTICLE  TWO-A  OF  THE  GENERAL
MUNICIPAL LAW, THIRTY YEARS.
  S 9. This act shall take effect on the one hundred eightieth day after
it shall have become a law.