S T A T E O F N E W Y O R K
________________________________________________________________________
5558
2011-2012 Regular Sessions
I N A S S E M B L Y
February 23, 2011
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Introduced by M. of A. ENGLEBRIGHT, BOYLAND, COOK, JAFFEE, COLTON, REIL-
LY, MAISEL, CASTRO, GUNTHER, PHEFFER, BARRON, MILLMAN, HOOPER, ROSEN-
THAL, LIFTON, LAVINE -- Multi-Sponsored by -- M. of A. BOYLE, CAHILL,
GABRYSZAK, GLICK, GOTTFRIED, LATIMER, MAYERSOHN, PEOPLES-STOKES,
PERRY, SCHIMEL, THIELE, TITONE, WEISENBERG -- read once and referred
to the Committee on Energy
AN ACT to amend the general municipal law, in relation to establishing
the green loans program to provide financing for the purchase and
installation of residential solar and wind energy generating systems,
and for the performance of improvements to improve the energy effi-
ciency of residential dwellings
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general municipal law is amended by adding a new
section 96-c to read as follows:
S 96-C. GREEN LOANS PROGRAM. 1. FOR THE PURPOSES OF THIS SECTION, THE
FOLLOWING TERMS SHALL HAVE THE FOLLOWING DEFINITIONS:
A. "MUNICIPALITY" MEANS A COUNTY, CITY, TOWN OR VILLAGE.
B. "RESIDENTIAL REAL PROPERTY" MEANS REAL PROPERTY HAVING AN OWNER
OCCUPIED DWELLING UNIT THEREON.
C. "RESIDENTIAL SOLAR ENERGY GENERATING SYSTEM" MEANS AN ARRANGEMENT
OR COMBINATION OF COMPONENTS INSTALLED ON RESIDENTIAL REAL PROPERTY THAT
UTILIZES SOLAR RADIATION TO PRODUCE ENERGY DESIGNED TO PROVIDE HEATING,
COOLING, HOT WATER AND/OR ELECTRICITY. SUCH TERM SHALL NOT INCLUDE
EQUIPMENT THAT IS PART OF A NON-SOLAR ENERGY SYSTEM.
D. "RESIDENTIAL WIND ENERGY GENERATING SYSTEM" MEANS AN ARRANGEMENT OR
COMBINATION OF COMPONENTS INSTALLED ON RESIDENTIAL REAL PROPERTY,
INCLUDING POWER CONDITIONING EQUIPMENT, DESIGNED TO PROVIDE ELECTRICITY
OR MECHANICAL ENERGY THROUGH THE PROCESS OF CONVERTING WIND ENERGY INTO
MECHANICAL AND/OR ELECTRIC ENERGY, AND STORING OR DISTRIBUTING SUCH
ENERGY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09099-01-1
A. 5558 2
2. THE GOVERNING BODY OF ANY MUNICIPALITY MAY, BY LOCAL LAW OR ORDI-
NANCE, ESTABLISH A GREEN LOANS PROGRAM PURSUANT TO THIS SECTION USING
MONIES MADE AVAILABLE FROM FEDERAL GRANTS AND OTHER MONIES THAT MAY BE
USED FOR THE PURPOSES OF THIS PROGRAM. SUCH A PROGRAM SHALL PROVIDE
MUNICIPAL LOANS AND FINANCING TO OWNERS OF RESIDENTIAL REAL PROPERTY
WITHIN SUCH MUNICIPALITY FOR ALL COSTS OR ANY PORTION OF THE COSTS OF
PURCHASING AND INSTALLING A RESIDENTIAL SOLAR ENERGY GENERATING SYSTEM
AND/OR A RESIDENTIAL WIND ENERGY SYSTEM UPON THE RESIDENTIAL REAL PROP-
ERTY; AND/OR THE COSTS OF THE PERFORMANCE OF AN ENERGY EFFICIENCY ANALY-
SIS OF THE DWELLING UPON RESIDENTIAL REAL PROPERTY AND THE COMPLETION OF
ENERGY EFFICIENCY IMPROVEMENTS UPON SUCH DWELLING BY A CERTIFIED
CONTRACTOR.
3. EACH SUCH LOCAL LAW OR ORDINANCE SHALL PROVIDE FOR THE TERMS AND
CONDITIONS FOR THE AWARDING AND REPAYMENT OF LOANS AND FINANCING FOR
RESIDENTIAL SOLAR ENERGY GENERATING SYSTEMS AND RESIDENTIAL WIND ENERGY
SYSTEMS; PROVIDED, THAT ALL SUCH LOANS AND FINANCING SHALL BE REPAID BY
MEANS OF TWENTY EQUAL, ANNUAL CHARGES IMPOSED UPON THE SUBJECT RESIDEN-
TIAL REAL PROPERTY AT THE SAME TIME OTHER MUNICIPAL REAL PROPERTY TAXES
ARE IMPOSED. EVERY LOAN ISSUED PURSUANT TO THIS SECTION SHALL BE SUBJECT
TO A FIXED RATE OF INTEREST ESTABLISHED AT THE TIME OF THE GRANTING OF
SUCH LOAN.
4. EACH SUCH LOCAL LAW OR ORDINANCE SHALL PROVIDE FOR THE TERMS AND
CONDITIONS FOR THE AWARDING AND REPAYMENT OF LOANS AND FINANCING FOR THE
PERFORMANCE OF ENERGY EFFICIENCY ANALYSES OF DWELLINGS UPON RESIDENTIAL
REAL PROPERTY AND THE COMPLETION OF ENERGY EFFICIENCY IMPROVEMENTS UPON
SUCH DWELLINGS BY LICENSED CONTRACTORS; PROVIDED, THAT ALL SUCH LOANS
AND FINANCING SHALL BE REPAID AT AN ANNUAL RATE EQUAL TO THE ANNUAL
ENERGY SAVINGS TO THE OWNER OF THE RESIDENTIAL REAL PROPERTY AS A RESULT
OF THE ENERGY EFFICIENCY IMPROVEMENTS PERFORMED WITH THE PROCEEDS OF
THE LOANS OR FINANCING AND SHALL BE PAID AT THE SAME TIME OTHER MUNICI-
PAL REAL PROPERTY TAXES ARE IMPOSED. EVERY LOAN ISSUED PURSUANT TO THIS
SECTION SHALL BE SUBJECT TO A FIXED RATE OF INTEREST ESTABLISHED AT THE
TIME OF THE GRANTING OF SUCH LOAN.
5. A MUNICIPALITY SHALL NOT PROVIDE LOANS OR FINANCING PURSUANT TO
THIS SECTION TO AN OWNER OR OWNERS OF RESIDENTIAL REAL PROPERTY THAT
HAVE RECEIVED A LOAN OR FINANCING FROM ANOTHER MUNICIPALITY PURSUANT TO
THIS SECTION.
S 2. This act shall take effect immediately.