S T A T E   O F   N E W   Y O R K
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                                  5310

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen. MORAHAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the general municipal law, in  relation  to  alternative
  energy management planning

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

  Section 1. This act shall be known and may be cited as  the  "alterna-
tive energy management planning act".
  S  2.  Legislative  intent.  The legislature hereby finds it is in the
public interest, in order to further the purposes  of  energy  conserva-
tion,  for  municipalities to adopt a local law to encourage alternative
energy sources to be utilized in newly constructed municipal buildings.
  S 3. The general municipal law is amended  by  adding  a  new  section
120-dd to read as follows:
  S  120-DD. ALTERNATIVE ENERGY MANAGEMENT PLANNING.  1. PURSUANT TO THE
AUTHORITY OF THIS SECTION, NO LATER THAN SEPTEMBER FIRST,  TWO  THOUSAND
NINE, A MUNICIPALITY SHALL ADOPT A LOCAL LAW TO REQUIRE THAT ALTERNATIVE
ENERGY SOURCES BE USED TO PROVIDE ENERGY TO ANY NEWLY CONSTRUCTED MUNIC-
IPAL  BUILDING  WHENEVER  IT  IS  FOUND  TO  BE  COST EFFECTIVE. FOR THE
PURPOSES OF THIS SECTION "COST EFFECTIVE" SHALL MEAN THAT THE TOTAL COST
OF THE ALTERNATIVE ENERGY SOURCES IS LESS THAN THE COST OF ENERGY SOURC-
ES OTHER THAN ALTERNATIVE ENERGY SOURCES, WHERE THE  TERM  "COST"  SHALL
MEAN  ANY  EXPENDITURE  MADE  IN  THE  ACQUISITION OF ALTERNATIVE ENERGY
SOURCES AND SHALL ALSO INCLUDE ANY ADDITIONAL  OR  AVOIDED  EXPENDITURES
RELATED TO:
  (A) FUEL COSTS;
  (B) INSTALLATION, OPERATION, MAINTENANCE OR REPAIR;
  (C)  COSTS  TO THE MUNICIPALITY, INCLUDING, BUT NOT LIMITED TO, PUBLIC
HEALTH EXPENDITURES RELATED TO THE USE OF CLEAN ENERGY TECHNOLOGIES; OR
  (D) COSTS RELATED TO REMEDIATION OF ENERGY  SOURCE  FACILITIES  DURING
AND AFTER CLOSURE OF SUCH FACILITIES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03630-01-9
              

S. 5310                             2

  2.  PRIOR  TO  THE ENACTMENT OF SUCH LOCAL LAW, THE MUNICIPALITY SHALL
HOLD AT LEAST ONE PUBLIC HEARING RELATING TO THE PROPOSED PROVISIONS AND
SHALL GIVE DUE CONSIDERATION TO EXISTING ENERGY CONSERVATION AND  ALTER-
NATIVE ENERGY SOURCES, STANDARDS, TECHNOLOGIES OR TECHNIQUES, THE AVAIL-
ABILITY  AND  RELIABILITY  OF ENERGY CONSERVATION AND ALTERNATIVE ENERGY
SOURCES AND ANY ADDITIONAL EFFORT AND EXPENSE TO BE INCURRED IN  MEETING
THE PROPOSED REQUIREMENTS.
  3.  IN  FULFILLMENT  OF THE PROVISIONS OF THIS SECTION, MUNICIPALITIES
MAY REQUEST A STATE OR  FEDERAL  AGENCY,  AUTHORITY  OR  COMMISSION  FOR
ASSISTANCE  PROVIDING INFORMATION CONCERNING ALTERNATIVE ENERGY SOURCES.
THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, THE NEW YORK STATE  ENERGY
RESEARCH AND DEVELOPMENT AUTHORITY AND THE NEW YORK STATE POWER AUTHORI-
TY  SHALL  PROVIDE TECHNICAL ASSISTANCE IN FURTHERANCE OF THE PROVISIONS
OF THIS SECTION.
  4. IN FULFILLMENT OF THE PROVISIONS OF  THIS  SECTION,  MUNICIPALITIES
ARE AUTHORIZED TO FORM ALTERNATIVE ENERGY PLANNING UNITS FOR THE PURPOSE
OF  JOINTLY  ENTERING  INTO  ENERGY  PERFORMANCE CONTRACTS AS DEFINED BY
ARTICLE NINE OF THE ENERGY LAW FOR THE PROVISION OF  ALTERNATIVE  ENERGY
SERVICES.
  5.  FOR  THE PURPOSES OF THIS SECTION, THE FOLLOWING WORDS AND PHRASES
HAVE THE FOLLOWING MEANINGS:
  (A) "BUILDING." ANY  COMBINATION  OF  MATERIAL,  WHETHER  PORTABLE  OR
FIXED,  HAVING  A  ROOF TO FORM A STRUCTURE WHICH IS HEATED OR COOLED IN
THE NORMAL COURSE AFFORDING SHELTER FOR PERSONS,  ANIMALS  OR  PROPERTY,
INCLUDING ANY EQUIPMENT THEREIN, PROVIDED HOWEVER THAT THE TERM BUILDING
SHALL  NOT  INCLUDE  ANY STRUCTURE WHICH IS HEATED OR COOLED WITHOUT THE
USE OF ELECTRICITY OR FOSSIL FUEL.
  (B) "ALTERNATIVE ENERGY SOURCES." ELECTRICITY GENERATION  TECHNOLOGIES
THAT PRODUCE ELECTRICITY USING SOLAR THERMAL ENERGY, PHOTOVOLTAIC, WIND,
FUEL  CELLS,  GEOTHERMAL  ENERGY,  METHANE WASTE AND SUSTAINABLE MANAGED
BIOMASS. IF AFTER THE EFFECTIVE DATE OF  THIS  SUBDIVISION,  NEW  ENERGY
TECHNOLOGIES  EMERGE  THAT WERE UNFORESEEABLE AT THE TIME OF SUCH EFFEC-
TIVE DATE THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION  MAY  DESIGNATE
SUCH TECHNOLOGIES AS CLEAN ENERGY TECHNOLOGIES BASED UPON A FINDING THAT
THE  AIR,  WATER, ECOSYSTEM, PUBLIC HEALTH AND WASTE DISPOSAL IMPACTS OF
SUCH NEW TECHNOLOGIES ARE COMPARABLE TO THOSE OF  THE  RENEWABLE  ENERGY
TECHNOLOGIES  OTHERWISE  LISTED  IN THIS PARAGRAPH. ANY SUCH DESIGNATION
SHALL ONLY TAKE PLACE FOLLOWING A COMPLETE OPPORTUNITY FOR PUBLIC REVIEW
AND COMMENT CONSISTENT WITH THE STATE ADMINISTRATIVE PROCEDURE ACT.
  (C) "PLANNING UNIT." AN AREA COMPOSED OF THE GEOGRAPHIC BOUNDARIES  OF
ONE  OR MORE MUNICIPALITIES, ESTABLISHED FOR THE PURPOSE OF ESTABLISHING
A PLAN TO ENCOURAGE THE USE OF ALTERNATIVE  ENERGY  SOURCES  WITHIN  THE
BOUNDARIES OF THE DISTRICT.
  S 4. This act shall take effect immediately.