NY State Assembly Bill 2009-A8862

Assembly Bill A8862

Signed By Governor

2009-2010 Legislative Session

Authorizes the prevention or reduction of waste matter consisting of carbon components of energy waste from residential properties

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 26, 2009	signed chap.409
Aug 14, 2009	delivered to governor
Jul 16, 2009	returned to assembly passed senate 3rd reading cal.949 substituted for s6073
Jun 18, 2009	referred to rules
Jun 17, 2009	delivered to senate passed assembly ordered to third reading rules cal.416 rules report cal.416 reported
Jun 16, 2009	reported referred to rules
Jun 11, 2009	referred to energy

Votes

- Jul 16, 2009 - Floor Vote
  A8862
  
  57
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  5
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jul 16, 2009
      
      aye (57)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Monserrate
      
      Montgomery
      
      Morahan
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      excused (5)
      
      Diaz
      
      Foley
      
      Johnson
      
      Kruger
      
      Squadron

2009-A8862 (ACTIVE) - Details

See Senate Version of this Bill:: S6073
Law Section:: Town Law
Laws Affected:: Amd §198, add §209-i, Town L

2009-A8862 (ACTIVE) - Summary

Authorizes the prevention or reduction of waste matter consisting of carbon components of energy waste from residential properties.

2009-A8862 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A8862

TITLE OF BILL:  An act to amend the town law, in relation to authorizing
the prevention or reduction of waste matter consisting of carbon compo-
nents of energy waste from residential properties

Purpose or General Idea of Bill:  This legislation seeks to clarify the
ability of towns to use refuse and garbage districts to deal with carbon
waste by helping residential homeowners to finance energy audits and
energy efficiency improvements to prevent or reduce the generation of
carbon-based waste in order to promote the health and welfare of New
York citizens.

Summary of Specific provisions:  Amends subdivision 9 of section 198 of
the Town Law and adds a new section 209-i to the Town Law in relation to
expanding refuse and garbage districts to include prevention or
reduction of waste matter consisting of carbon components of energy
waste from residential properties in either gaseous or solid form.

Justification:  Pollution and global climate change threaten the envi-
ronment, natural resources, and economy of New York State.  Harmful
effects from these threats include asthma attacks and premature deaths
in seniors, increased levels of mercury contamination, destruction of
our forest ecosystems by acid rain, as well as the wide ranging negative
effects associated with climate change. Since the use of fossil fuel
strongly contributes to pollution and climate change and New York State

utilizes significant amounts of fossil fuel as an energy source, promot-
ing energy efficiency in New York State helps to protect New Yorkers
from the harmful effects.

Residential energy efficiency programs help decrease local and statewide
electricity and heating fuel demand and reduce harmful impacts by reduc-
ing emissions and contributions to climate change. In the Town of Baby-
lon, which established a home energy efficiency program in 2008, testing
showed that participating houses were made, on average, nearly 30% more
energy efficient. This reduces by 28% the CO2 that would have been emit-
ted without program investments. These results constitute a public
purpose of promoting health and welfare of residents.

The provisions of this bill allow towns to include the operation of a
home energy efficiency program within their refuse and garbage districts
(established pursuant to Town Law article 12 and Town Law article 12-A
(section 190)). Consequently, towns may contract for home energy audits,
invest in energy conservation or efficiency improvements in homes and
arrange with homeowners and contractors to install or implement them.

Furthermore, the American Recovery and Reinvestment Act of 2009 included
monies for Energy Efficiency and Conservation Block Grants (EECBG) for
which home energy efficiency programs would be eligible.  The addition
of home energy efficiency programs to the purview of garbage and refuse
districts will provide a mechanism through which EECBG monies can be
channeled to municipalities employing such programs.

Prior Legislative History: New 2009

Fiscal Implications for State and Local Governments:  The costs associ-
ated with programs like the Town of Babylon's can be entirely reimbursed
through payments made available from homeowners' energy savings, includ-
ing administrative costs.

Effective Date: This act shall take effect immediately.

2009-A8862 (ACTIVE) - Bill Text download pdf

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

                                  8862

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 11, 2009
                               ___________

Introduced  by M. of A. SWEENEY -- read once and referred to the Commit-
  tee on Energy

AN ACT to amend the town law, in relation to authorizing the  prevention
  or reduction of waste matter consisting of carbon components of energy
  waste from residential properties

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

  Section 1. Subdivision 9 of section 198 of the town law, as amended by
chapter 709 of the laws of 1946, paragraph (a) as separately amended  by
chapters 672 and 136 of the laws of 1973, is amended to read as follows:
  9.  Refuse  and garbage districts. After a refuse and garbage district
shall have been established in such town, the town board may,
  (a) Provide for the collection and/or resource  recovery  or  disposi-
tion,  or  any  combination thereof of garbage, ashes, rubbish and other
waste matter in  such  district,  and  for  any  of  such  purposes  may
construct,  operate  and  maintain refuse resource recovery, disposal or
incinerator plants, and establish, operate and maintain  sanitary  land-
fills,  acquire  the necessary lands therefor, and purchase, operate and
maintain all necessary appliances appurtenant  thereto,  including  such
vehicles  as may be required for the collection and resource recovery or
disposition thereof; or the town board may contract for  the  collection
and  resource recovery or disposal of animal or vegetable refuse, ashes,
garbage or any waste matter, and for that purpose may award one or  more
contracts  for  a  period not exceeding ten years for the collection and
twenty years for the resource  recovery  or  disposal  thereof  for  all
refuse and garbage districts in such town or separate contracts for each
district  or  part  thereof.  Whenever  the  town board may determine it
advantageous so to do, it may employ a sufficient number of persons  and
provide  the  necessary  equipment  to  collect such garbage, refuse and
waste matter, at the expense of said refuse and garbage district.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14321-02-9

A. 8862                             2

  (b) UPON A PETITION AS PROVIDED FOR IN SECTION ONE HUNDRED  NINETY-ONE
OF THIS ARTICLE, PROVIDE FOR THE PREVENTION OR REDUCTION OF WASTE MATTER
CONSISTING OF CARBON COMPONENTS OF ENERGY WASTE FROM RESIDENTIAL PROPER-
TIES AND THE PERFORMANCE OF ENERGY AUDITS AND THE PURCHASE AND INSTALLA-
TION  OF  ENERGY EFFICIENCY IMPROVEMENTS ON SUCH RESIDENTIAL PROPERTIES.
THE TERM "ENERGY EFFICIENCY IMPROVEMENT", AS USED IN  THIS  SUBDIVISION,
SHALL  MEAN A MATERIAL IMPROVEMENT MADE TO AN EXISTING RESIDENTIAL PROP-
ERTY 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. THE TERM "ENERGY AUDIT", AS USED IN THIS SUBDIVISION,
SHALL MEAN A FORMAL EVALUATION BY A QUALIFIED CONTRACTOR, WHO  SHALL  BE
APPROVED  BY  THE TOWN BOARD, OF THE ENERGY CONSUMPTION OF A RESIDENTIAL
PROPERTY FOR THE PURPOSE OF IDENTIFYING METHODS TO IMPROVE ENERGY  EFFI-
CIENCY AND REDUCE ENERGY WASTE.
  (C)  Establish from time to time, charges, fees or rates to be paid by
users for refuse and garbage collection service and may provide for  the
payment  of  said charges in advance. Such charges, fees or rates may be
based upon the volume of refuse, garbage, ashes, rubbish and other waste
matter collected, making a proper allowance for commercial or industrial
establishments, the number of calls per month, the number of persons  or
families  served  in  the district, or upon any other equitable basis as
the town board may determine.  THE TOWN BOARD MAY  ALSO  ESTABLISH  FROM
TIME  TO  TIME  CHARGES,  FEES OR RATES TO BE PAID BY THOSE WHO HAVE HAD
ENERGY AUDITS PERFORMED AND ENERGY EFFICIENCY IMPROVEMENTS INSTALLED  OR
IMPLEMENTED ON RESIDENTIAL PROPERTIES. Such charges shall be a lien upon
the real property for which or in connection with which the services are
rendered.
  [(c)] (D) Provide by ordinance, rule or regulation for the time within
which  rates,  charges  or  fees  for  the refuse and garbage collection
service OR FOR ENERGY AUDITS AND ENERGY EFFICIENCY IMPROVEMENTS shall be
paid, and may provide a penalty not exceeding  ten  per  centum  of  the
amount  due,  when such rates, charges or fees are in arrears for thirty
days, or longer. The town clerk shall annually file with the town  board
statements showing unpaid rates, charges or fees in such districts. Such
statements  shall  contain a brief description of the property for which
or in connection with which the refuse and  garbage  collection  service
was  provided,  OR  ON WHICH THE ENERGY AUDITS WERE PERFORMED AND ENERGY
EFFICIENCY IMPROVEMENTS WERE INSTALLED, the  names  of  the  persons  or
corporations  liable  to pay the same and the amount chargeable to each.
The supervisor shall transmit such statements to the board  of  supervi-
sors  which  shall  levy such sums against the property liable and shall
state the amount of the tax in a separate column in the annual tax rolls
of such town under the name of "refuse and garbage  charges."  Such  tax
shall  be paid to the supervisor of such town. All the provisions of the
existing tax laws of the state of New York covering the enforcement  and
collection  of unpaid town taxes or assessments for special improvements
in the several towns of the state of New York,  not  inconsistent  here-
with,  OR  FOR  ENERGY  AUDITS  AND ENERGY EFFICIENCY IMPROVEMENTS shall
apply to the collection of such unpaid charges  for  the  collection  of
refuse  and  garbage. All such rates, charges and fees shall be used for
the payment of the cost of the management, maintenance and operation  of
the  refuse and garbage collection service, or the enlargement or exten-

A. 8862                             3

sion of the facilities thereof or the improvement of  services  therein,
OR FOR THE COST OF THE MANAGEMENT, MAINTENANCE AND OPERATION OF PERFORM-
ING  ENERGY  AUDITS  AND  PURCHASING  AND  INSTALLING  ENERGY EFFICIENCY
IMPROVEMENTS.
  [(d)]  (E)  Adopt  from time to time ordinances, rules and regulations
for the collection of garbage, ashes, rubbish and other waste matter  in
the  refuse  and garbage districts in the town and the use of the equip-
ment therein, and in addition to the remedies provided in  section  [one
hundred and thirty-five] ONE HUNDRED THIRTY-FIVE of this chapter for the
enforcement  thereof  or for the punishment of violators, the town board
may enforce compliance with such rules, ordinances  and  regulations  by
discontinuing the refuse and garbage collection service.
  S  2. The town law is amended by adding a new section 209-i to read as
follows:
  S 209-I. REFUSE AND GARBAGE IMPROVEMENT DISTRICTS. THE  PURPOSE  OF  A
REFUSE AND GARBAGE IMPROVEMENT DISTRICT CREATED PURSUANT TO THIS ARTICLE
MAY INCLUDE, AFTER COMPLYING WITH THE PROVISIONS OF THIS ARTICLE FOR THE
ESTABLISHMENT  OF  SUCH A DISTRICT, THE PREVENTION OR REDUCTION OF WASTE
MATTER CONSISTING OF CARBON COMPONENTS OF ENERGY WASTE FROM  RESIDENTIAL
PROPERTIES  AND  THE  PERFORMANCE  OF ENERGY AUDITS AND THE PURCHASE AND
INSTALLATION OF ENERGY EFFICIENCY IMPROVEMENTS ON SUCH RESIDENTIAL PROP-
ERTIES. THE TERM "ENERGY EFFICIENCY IMPROVEMENT", AS USED IN THIS SUBDI-
VISION, SHALL MEAN A MATERIAL IMPROVEMENT MADE TO AN  EXISTING  RESIDEN-
TIAL 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  MEAS-
URES,  IN  A  COST-EFFECTIVE MANNER AS DETERMINED BY THE TOWN, PROVIDED,
HOWEVER, THAT "ENERGY EFFICIENCY IMPROVEMENT" DOES NOT INCLUDE A  HOUSE-
HOLD  APPLIANCE,  SUCH AS A WASHING MACHINE OR REFRIGERATOR, THAT IS NOT
PERMANENTLY FIXED TO REAL PROPERTY. THE TERM "ENERGY AUDIT", AS USED  IN
THIS SUBDIVISION, SHALL MEAN A FORMAL EVALUATION BY A QUALIFIED CONTRAC-
TOR,  WHO SHALL BE APPROVED BY THE TOWN BOARD, OF THE ENERGY CONSUMPTION
OF A RESIDENTIAL PROPERTY FOR THE  PURPOSE  OF  IDENTIFYING  METHODS  TO
IMPROVE ENERGY EFFICIENCY AND REDUCE ENERGY WASTE.
  S  3. Nothing in this act shall be construed to impair the validity of
any action taken by any public official prior to the time this act shall
take effect.
  S 4. This act shall take effect immediately.

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