S T A T E O F N E W Y O R K
________________________________________________________________________
9120
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 Brookhaven
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
Brookhaven 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 Brookhaven, the town has embarked
upon an effort to reduce energy demand from existing buildings so as to
have the town of Brookhaven meet statewide energy efficient goals. In
order to assist residents and businesses in the town of Brookhaven to
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
Brookhaven in the installation of distributed generation renewable ener-
gy sources or energy efficiency improvements. Such loans to be offered
by the town shall be repaid over a period of time through an annual
assessment on the property of the borrower.
S 2. Town of Brookhaven 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.
LBD14643-01-9
A. 9120 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 Brookhaven, New
York, at its discretion shall offer a sustainable energy loan to home-
owners and businesses for the financing of the installation of distrib-
uted generation renewable energy sources and/or energy efficiency
improvements that will be permanently affixed to the property of the
borrower.
(b) The town of Brookhaven is authorized to use monies made available
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 Brookhaven shall not exceed the actual cost of the equipment
and materials necessary for the installation of distributed generation
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 Brookhaven, 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
Brookhaven and the state of New York.
S 3. This act shall take effect immediately.