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.