S T A T E   O F   N E W   Y O R K
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                                  7891

                            I N  S E N A T E

                              May 20, 2010
                               ___________

Introduced  by  Sen.  FOLEY  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the energy law, in  relation  to  establishing  a  pilot
  program  in the county of Suffolk to offer rebates for the purchase of
  energy efficient building products; and making an appropriation there-
  for

  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 11-111 to
read as follows:
  S  11-111.  SUFFOLK  COUNTY  PILOT PROGRAM. 1. PILOT PROGRAM. THERE IS
HEREBY ESTABLISHED A PILOT PROGRAM, TO BE ADMINISTERED  BY  THE  SUFFOLK
COUNTY DEPARTMENT OF ENVIRONMENT AND ENERGY, FOR THE RENOVATION, REPAIR,
REFURBISHING, REFITTING, UPGRADE OR OTHER IMPROVEMENT OF A PRIMARY RESI-
DENCE WITH ENERGY EFFICIENT PRODUCTS.
  2. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION:
  (A)  "COMMISSIONER"  MEANS  THE  COMMISSIONER  OF  THE  SUFFOLK COUNTY
DEPARTMENT OF ENVIRONMENT AND ENERGY.
  (B) "DEPARTMENT" MEANS THE SUFFOLK COUNTY  DEPARTMENT  OF  ENVIRONMENT
AND ENERGY.
  (C)  "ENERGY  EFFICIENT  PRODUCT" MEANS ENERGY STAR CERTIFIED BUILDING
PRODUCTS AND INCLUDES, BUT IS NOT LIMITED TO, HEATING PRODUCTS,  COOLING
PRODUCTS,   LIGHTING   PRODUCTS  INCLUDING  CEILING  FANS  AND  PLUMBING
PRODUCTS.
  (D) "PRIMARY RESIDENCE" MEANS A  RESIDENCE  IN  WHICH  THE  INDIVIDUAL
APPLYING FOR THE REBATE HAS LIVED FOR AT LEAST A YEAR, OR IN WHICH HE OR
SHE LISTS AS A PRIMARY RESIDENCE FOR THE PURPOSES OF TAX FILING.
  3.  APPLICABILITY.  (A) INDIVIDUALS AGED SIXTY-FIVE OR OLDER MAY APPLY
TO THE DEPARTMENT, ON FORMS AND IN A MANNER PROMULGATED BY  THE  COMMIS-
SIONER,  FOR  A  REBATE NOT TO EXCEED THE AMOUNT OF TWO THOUSAND DOLLARS
FOR THE PURCHASE OF ANY ENERGY EFFICIENT BUILDING PRODUCT. THE APPLICANT
MUST, AT A MINIMUM, AFFIRM:
  (I) THAT HE OR SHE IS A RESIDENT OF THE COUNTY OF SUFFOLK AND  AT  THE
TIME OF APPLICATION IS SIXTY-FIVE YEARS OF AGE;

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

                                                           LBD17329-02-0

S. 7891                             2

  (II)  THAT  THE PURCHASE OR PURCHASES FOR WHICH HE OR SHE IS SEEKING A
REBATE HAS BEEN MADE IN THE PAST THREE YEARS;
  (III)  THAT  NO  MEMBER OF THEIR HOUSEHOLD HAS PRESENTLY OR PREVIOUSLY
RECEIVED THE REBATE;
  (IV) THAT THE APPLICANT HAS NOT PREVIOUSLY RECEIVED THE REBATE;
  (V) THAT THE PURCHASE OR PURCHASES FOR WHICH THE REBATE IS SOUGHT  WAS
MADE  FOR THE INDIVIDUAL'S PRIMARY RESIDENCE AS DEFINED IN PARAGRAPH (D)
OF SUBDIVISION TWO OF THIS SECTION.
  (B) THE COMMISSIONER MAY, IN HIS OR HER DISCRETION,  PROMULGATE  ADDI-
TIONAL REGULATIONS AND QUALIFICATIONS FOR RECEIPT OF SUCH REBATE.
  4.  THE DEPARTMENT SHALL CONFIRM AND VERIFY, IN A MANNER PRESCRIBED BY
THE COMMISSIONER, THAT THE APPLICANT HAS MET THE  REQUIREMENTS  OF  THIS
SECTION AND IS ELIGIBLE FOR SUCH REBATE.
  S  2.  The sum of one million dollars ($1,000,000), or so much thereof
as may be necessary,  is  hereby  appropriated  to  the  Suffolk  county
department  of  environment  and  energy  out of any moneys in the state
treasury in the general  fund  to  the  credit  of  the  state  purposes
account, not otherwise appropriated, and made immediately available, for
the  purpose  of  carrying  out the provisions of this act.  Such moneys
shall be payable on the audit and warrant of the comptroller on vouchers
certified or approved by the commissioner of the department of  environ-
mental conservation in the manner prescribed by law.
  S 3. This act shall take effect immediately.