S T A T E   O F   N E W   Y O R K
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                                 8387--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 18, 2009
                               ___________

Introduced  by M. of A. BRADLEY -- read once and referred to the Commit-
  tee on Energy -- committee discharged, bill amended, ordered reprinted
  as amended and recommitted to said committee

AN ACT in relation to creating a sustainable energy loan program in  the
  town of Bedford

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

  Section 1. Legislative intent.  (a) It is the intent of  the  town  of
Bedford  to  promote  energy  efficiency  among residents and businesses
within the town, including the promotion of energy  efficiency  improve-
ments and the utilization of renewable energy sources in existing build-
ings within the town.
  (b)  In order to address the issue of global climate change and green-
house gas emissions in the town of Bedford, the town has  embarked  upon
an  effort to reduce energy demand from existing buildings so as to have
the town of Bedford meet statewide energy efficient goals. In  order  to
assist residents and businesses in the town of Bedford make energy effi-
ciency  improvements more affordable and to promote the installation and
utilization of such improvements, it is necessary to set forth  a  mech-
anism to finance the cost of such energy efficiency improvements.
  (c)  Pursuant  thereto, this legislation will help lower energy costs,
reduce greenhouse gas emissions and make energy efficiency and renewable
energy improvements more affordable by  offering  a  sustainable  energy
loan  program  to  assist  homeowners  and businesses within the town of
Bedford in the installation of distributed generation  renewable  energy
sources  or  energy efficiency improvements. Such loans to be offered by
the town shall be repaid over a period of time through an annual assess-
ment on the property of the borrower.
  S 2. Town of Bedford sustainable energy loan program. 1.  Definitions.
For the purposes of this act, the following terms shall have the follow-
ing meanings:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11964-02-9
              

A. 8387--A                          2

  (a) "Distributed generation" shall mean the generation of energy close
to the point of use.
  (b)  "Renewable  energy source" shall mean solar, wind, photovoltaics,
tidal, geothermal, fuel cell technologies and  low-impact,  run-of-river
hydroelectric  electric  generating equipment with capacity up to thirty
megawatts with no new storage impoundment.
  (c) "Energy efficiency improvement" shall mean a material  improvement
made to an existing residential or business property that reduces energy
consumption,  including  but  not limited to caulking, weatherstripping,
air sealing, insulation, heating and  cooling  systems  upgrades,  solar
thermal systems and conservation measures, in a cost-effective manner as
determined  by  the  town,  provided,  however,  that "energy efficiency
improvement" does not include a household appliance, such as  a  washing
machine or refrigerator, that is not permanently fixed to real property.
  2.  Sustainable energy loan program. (a) The town of Bedford, New York
at its discretion shall offer a sustainable energy  loan  to  homeowners
and  businesses  for  the  financing  of the installation of distributed
generation renewable energy sources and/or  energy  efficiency  improve-
ments that will be permanently affixed to the property of the borrower.
  (b) The town of Bedford is authorized to use monies made available for
the  program  from  federal grants that may be used for this purpose, to
implement the sustainable energy loan program.
  (c) Such loans shall only be available to owners of improved  residen-
tial  and commercial properties that are undergoing capital improvements
or upgrades.
  (d) The loans issued by the town pursuant to this  program,  shall  be
repaid  by  the borrower through an assessment levied by the town on the
real property where  the  sustainable  energy  loan  was  applied.  Such
assessment  shall be included annually within the town real property tax
bill which is transmitted to the borrower until repaid in full.
  (e) The aggregate amount of each sustainable energy loan  provided  by
the  town  of  Bedford shall not exceed the actual cost of the equipment
and materials necessary for the installation of  distributed  generation
renewable  energy  sources  or energy efficiency improvements, including
the installation costs of such equipment.
  (f) Assessments levied pursuant to this section, including any  inter-
est and penalties, shall constitute a lien upon the parcel of real prop-
erty for which the loan is made.
  3. Necessity. The town board of Bedford, New York located in Westches-
ter county declares that this legislation is necessary for the immediate
protection  of  the  public  interest  and for the implementation of the
energy efficiency and greenhouse gas reduction  plans  of  the  town  of
Bedford and the state of New York.
  S 3. This act shall take effect immediately.