S T A T E O F N E W Y O R K
________________________________________________________________________
7590
I N S E N A T E
April 23, 2010
___________
Introduced by Sen. ADDABBO -- read twice and ordered printed, and when
printed to be committed to the Committee on Energy and Telecommuni-
cations
AN ACT to amend the energy law, in relation to energy audits for small
businesses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The energy law is amended by adding a new section 5-115 to
read as follows:
S 5-115. ENERGY AUDITS FOR SMALL BUSINESSES. 1. FOR PURPOSES OF THIS
SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
A. "SMALL BUSINESS" SHALL MEAN:
I. ANY BUSINESS, OTHER THAN A NOT-FOR-PROFIT CORPORATION, WHICH IS
RESIDENT IN THIS STATE, INDEPENDENTLY OWNED AND OPERATED, AND EMPLOYS
ONE HUNDRED OR FEWER INDIVIDUALS; OR
II. ANY NOT-FOR-PROFIT CORPORATION, WHICH IS RESIDENT IN THIS STATE,
INDEPENDENTLY OWNED AND OPERATED, AND EMPLOYS TEN OR FEWER INDIVIDUALS;
AND
B. "ENERGY AUDIT" SHALL MEAN A WRITTEN REPORT OF AN ON-SITE EVALUATION
OF A BUILDING, FACILITY OR SYSTEM BY A QUALIFIED CONTRACTOR OR OFFICE
PERSONNEL TO DETERMINE WHETHER AND TO WHAT EXTENT THE IMPLEMENTATION OF
ENERGY CONSERVATION MEASURES OR PRACTICES WOULD REDUCE ELECTRIC DEMAND
AND/OR THE CONSUMPTION OF ENERGY IN SUCH BUILDING, FACILITY, OR SYSTEM,
INCLUDING RECOMMENDATIONS REGARDING METHODS TO IMPLEMENT SUCH MEASURES
OR PRACTICES.
2. THE OFFICE IS AUTHORIZED AND DIRECTED TO CONDUCT ENERGY AUDITS OF
SMALL BUSINESSES, PROVIDED THAT THE ANNUAL COST FOR ANY SUCH SMALL BUSI-
NESS FOR ITS USAGE OF ELECTRICITY AND NATURAL GAS IS LESS THAN SEVENTY-
FIVE THOUSAND DOLLARS. SUCH ENERGY AUDITS SHALL BE MADE AVAILABLE FREE
OF CHARGE TO SUCH SMALL BUSINESSES. APPLICATION FOR SUCH ENERGY AUDITS
SHALL BE MADE IN A MANNER AND FORM TO BE DETERMINED BY THE OFFICE,
PROVIDED THAT SUCH FORM SHALL NOT EXCEED ONE PAGE IN LENGTH. THE OFFICE
SHALL REQUIRE SUPPLEMENTAL DOCUMENTATION SUPPORTING SUCH APPLICATION
WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO A STATEMENT OF SUCH SMALL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16833-01-0
S. 7590 2
BUSINESSES' ENERGY USAGE FOR THE PREVIOUS THREE YEARS OR FOR THE LENGTH
OF TIME SUCH SMALL BUSINESS HAS BEEN IN BUSINESS, WHICHEVER IS LESS. ANY
SMALL BUSINESS WHICH RECEIVES AN ENERGY AUDIT PURSUANT TO THIS SECTION
SHALL NOT BE ELIGIBLE FOR ANOTHER ENERGY AUDIT FOR A PERIOD OF THREE
YEARS.
S 2. This act shall take effect on the sixtieth day after it shall
have become a law.