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

                                  9118

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            September 4, 2009
                               ___________

Introduced by M. of A. THIELE -- read once and referred to the Committee
  on Energy

AN  ACT in relation to creating a sustainable energy loan program in the
  town of East Hampton

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

  Section  1.  Legislative intent.   (a) It is the intent of the town of
East Hampton to promote energy efficiency among residents and businesses
within the town, including the promotion of energy  efficiency  improve-
ments and the utilization of renewable energy sources in existing build-
ings within the town.
  (b)  In order to address the issue of global climate change and green-
house gas emissions in the town of East Hampton, the town  has  embarked
upon  an effort to reduce energy demand from existing buildings so as to
have the town of East Hampton meet statewide energy efficient goals.  In
order  to  assist  residents  and businesses in the town of East Hampton
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.
  (c)  Pursuant  thereto, this legislation will help lower energy costs,
reduce greenhouse gas emissions and make energy efficiency and renewable
energy improvements more affordable by  offering  a  sustainable  energy
loan program to assist homeowners and businesses within the town of East
Hampton  in  the installation of distributed generation renewable energy
sources or energy efficiency improvements. Such loans to be  offered  by
the town shall be repaid over a period of time through an annual assess-
ment on the property of the borrower.
  S  2.  Town  of East Hampton sustainable energy loan program. 1. Defi-
nitions.  For the purposes of this act, the following terms  shall  have
the following meanings:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14642-01-9
              

A. 9118                             2

  (a) "Distributed generation" shall mean the generation of energy close
to the point of use.
  (b)  "Renewable  energy source" shall mean solar, wind, photovoltaics,
tidal, geothermal, fuel cell technologies and  low-impact,  run-of-river
hydroelectric  electric  generating equipment with capacity up to thirty
megawatts with no new storage impoundment.
  (c) "Energy efficiency improvement" shall mean a material  improvement
made to an existing residential or business property that reduces energy
consumption,  including  but  not limited to caulking, weatherstripping,
air sealing, insulation, heating and  cooling  systems  upgrades,  solar
thermal systems and conservation measures, in a cost-effective manner as
determined  by  the  town,  provided,  however,  that "energy efficiency
improvement" does not include a household appliance, such as  a  washing
machine or refrigerator, that is not permanently fixed to real property.
  2.  Sustainable energy loan program. (a) The town of East Hampton, New
York at its discretion shall offer a sustainable energy loan to homeown-
ers and businesses for the financing of the installation of  distributed
generation  renewable  energy  sources and/or energy efficiency improve-
ments that will be permanently affixed to the property of the borrower.
  (b) The town of East Hampton is authorized to use monies  made  avail-
able  for  the  program  from  federal  grants that may be used for this
purpose, to implement the sustainable energy loan program.
  (c) Such loans shall only be available to owners of improved  residen-
tial  and commercial properties that are undergoing capital improvements
or upgrades.
  (d) The loans issued by the town pursuant to this  program,  shall  be
repaid  by  the borrower through an assessment levied by the town on the
real property where  the  sustainable  energy  loan  was  applied.  Such
assessment  shall be included annually within the town real property tax
bill which is transmitted to the borrower until repaid in full.
  (e) The aggregate amount of each sustainable energy loan  provided  by
the  town of East Hampton shall not exceed the actual cost of the equip-
ment and materials necessary for the installation of distributed  gener-
ation  renewable  energy  sources  or  energy  efficiency  improvements,
including the installation costs of such equipment.
  (f) 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.
  3.  Necessity.  The  town  board  of East Hampton, New York located in
Suffolk county declares that this legislation is necessary for the imme-
diate protection of the public interest and for  the  implementation  of
the  energy efficiency and greenhouse gas reduction plans of the town of
East Hampton and the state of New York.
  S 3. This act shall take effect immediately.