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

                                 6935--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 17, 2009
                               ___________

Introduced  by  M.  of  A.  JAFFEE,  ESPAILLAT, JOHN, GORDON, SCHIMEL --
  Multi-Sponsored by -- M. of A. BOYLAND, JORDAN, SKARTADOS -- read once
  and referred to  the  Committee  on  Local  Governments  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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 AND ANY REPLACEMENT OR MODIFICATIONS TO ANY ENERGY SERVICE
IN AN EXISTING MUNICIPAL BUILDING WHENEVER IT IS FOUND TO BE COST EFFEC-
TIVE. 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 SOURCES 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 EXPENDI-
TURES RELATED TO:
  (A) FUEL COSTS;
  (B) INSTALLATION, OPERATION, MAINTENANCE OR REPAIR;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03630-02-9
              

A. 6935--A                          2

  (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.
  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.