S T A T E   O F   N E W   Y O R K
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                                  7880

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 28, 2009
                               ___________

Introduced  by  M.  of  A.  KOON,  DelMONTE,  REILLY, EDDINGTON, CROUCH,
  GUNTHER -- Multi-Sponsored by -- M. of  A.  BACALLES,  CAHILL,  CLARK,
  COOK,  DESTITO,  GABRYSZAK,  GLICK,  GOTTFRIED,  JOHN, MAGEE, McENENY,
  MILLMAN, PEOPLES, PHEFFER, SAYWARD -- read once and  referred  to  the
  Committee on Economic Development, Job Creation, Commerce and Industry

AN ACT to amend the New York state urban development corporation act, in
  relation to creating the dairy farm improved energy efficiency program

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

  Section 1. Legislative findings.   The legislature  hereby  finds  and
declares  that  due to their remote locations at the end of the electric
grid infrastructure, farms are more difficult  to  service  by  electric
utilities.    Strengthening  the  energy systems of individual farms and
developing micro-grids in remote areas will enhance  the  overall  reli-
ability  of  the  electric  system.   The legislature further finds that
assisting dairy farms with high  efficiency  lighting,  high  efficiency
pumping and cooling equipment, and other energy management systems, will
result  in  significant  energy  savings and increased milk yields.  The
legislature hereby declares that providing low  cost  tools  to  farmers
will  help  them  become  more  efficient and reduce their cost of doing
business.  Advancing new technologies will also help to  accelerate  the
development  of  the  energy  services  industry, thus providing new and
expanded job opportunities for New Yorkers.
  Therefore, the legislature seeks to provide funds to encourage  energy
efficient dairy farms through grants and low interest loans for approved
projects to stimulate the New York state dairy industry.
  S  2.  Section  1 of chapter 174 of the laws of 1968, constituting the
New York state urban development corporation act, is amended by adding a
new section 16-t to read as follows:
  S 16-T. DAIRY FARM IMPROVED ENERGY EFFICIENCY  PROGRAM.    1.    DEFI-
NITIONS. FOR THE PURPOSE OF THIS SECTION:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02471-01-9
              

A. 7880                             2

  (A) "AUTHORITY" SHALL MEAN THE NEW YORK STATE ENERGY RESEARCH DEVELOP-
MENT AUTHORITY.
  (B)  "LOAN  FUND"  SHALL REFER TO THE DAIRY FARM IMPROVED ENERGY EFFI-
CIENCY LOAN FUND ESTABLISHED PURSUANT TO THIS SECTION.
  2. (A) THE CORPORATION, WITH THE ASSISTANCE OF  THE  AUTHORITY,  SHALL
ESTABLISH  A  DAIRY FARM IMPROVED ENERGY EFFICIENCY LOAN FUND TO PROVIDE
GRANTS AND LOW INTEREST LOANS  TO  DAIRY  FARMS  FOR  ENERGY  EFFICIENCY
PROJECTS AND ADVANCED ENERGY TECHNOLOGIES.
  (B)  IN  ORDER  TO  BE ELIGIBLE TO PARTICIPATE IN THIS LOAN PROGRAM, A
DAIRY FARM MUST HAVE AN ENERGY AUDIT PROVIDED  THROUGH  THE  AUTHORITY'S
ENERGY AUDIT PROGRAM THAT HELPS CUSTOMERS MAKE INFORMED ELECTRICAL ENER-
GY DECISIONS AND IMPLEMENT ENERGY EFFICIENCY STRATEGIES.
  3. (A) THE CORPORATION SHALL, WITHIN AVAILABLE APPROPRIATIONS, PROVIDE
FINANCIAL,  TECHNICAL OR OTHER ASSISTANCE FROM THE LOAN FUND TO ELIGIBLE
DAIRY FARMS.
  (B) THE CORPORATION IS AUTHORIZED TO PROVIDE GRANTS AND  LOW  INTEREST
LOANS  FROM  THE LOAN FUND FOR ELIGIBLE IMPROVEMENTS TO DAIRY FARMS.  TO
BE ELIGIBLE FOR SUCH GRANTS AND LOANS, A DAIRY FARM  SHALL  IDENTIFY  AN
ELIGIBLE IMPROVEMENT PROJECT AND PROVIDE NECESSARY DOCUMENTATION.
  (C)  GRANTS  OR  LOANS  PROVIDED  BY  THE CORPORATION MAY BE UP TO ONE
HUNDRED THOUSAND DOLLARS.
  4. ENERGY EFFICIENCY IMPROVEMENTS ELIGIBLE FOR GRANTS OR LOW  INTEREST
LOANS THROUGH THE LOAN FUND SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (A)  PRE-QUALIFIED MEASURES THAT ARE PROVEN COST EFFECTIVE INVESTMENTS
WHICH REDUCE ENERGY USE;
  (B) CUSTOM MEASURES THAT PAY  FOR  THEMSELVES  IN  TEN  YEARS  THROUGH
REDUCED ENERGY USE;
  (C)  PROCESS IMPROVEMENT MEASURES THAT REDUCE MANUFACTURING ENERGY USE
ON A COST-PER-UNIT BASIS; AND
  (D) RENEWABLE TECHNOLOGIES THAT USE THE SUN, WIND, ANAEROBIC DIGESTION
OF ANIMAL WASTES OR OTHER APPROPRIATE TECHNOLOGIES TO GENERATE  HEAT  OR
POWER.
  5.  APPLICATIONS  FOR  ASSISTANCE  PURSUANT  TO  THIS SECTION SHALL BE
REVIEWED AND EVALUATED  BY  THE  CORPORATION  IN  COOPERATION  WITH  THE
AUTHORITY PURSUANT TO ELIGIBILITY REQUIREMENTS AND CRITERIA SET FORTH IN
THE RULES AND REGULATIONS PROMULGATED BY THE CORPORATION.
  6.  THE  CORPORATION  AND THE AUTHORITY SHALL SUBMIT AN ANNUAL WRITTEN
REPORT TO THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE
SENATE IDENTIFYING THE NUMBER OF DAIRY FARMS ASSISTED THROUGH  THE  LOAN
FUND  PROGRAM, AND THE TYPES OF IMPROVEMENTS IMPLEMENTED AND ENERGY COST
SAVINGS AND ANY OTHER BENEFITS REALIZED BY THE DAIRY FARMS  ASSISTED  BY
THIS PROGRAM.
  S 3. This act shall take effect immediately.