S T A T E   O F   N E W   Y O R K
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                                  8890

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 12, 2009
                               ___________

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

AN ACT in relation to creating a sustainable energy loan program in  the
  city of Binghamton

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

  Section 1. Legislative intent. 1. It is the  intent  of  the  city  of
Binghamton  to  facilitate  efforts  of  its residents and businesses to
utilize energy more efficiently and utilize  renewable  energy  sources,
thereby  reducing  carbon  emissions  and achieving substantial environ-
mental and financial benefits.
  2. In order to assist residents and businesses in the city of Bingham-
ton by making energy audits  and  energy  efficiency  improvements  more
affordable  and  promoting  the  installation  and  utilization  of such
improvements, it is necessary to set forth a mechanism  to  finance  the
cost of such energy audits and energy efficiency improvements.
  3.  Pursuant  thereto,  this legislation will help lower energy costs,
reduce greenhouse gas emissions and make energy audits and energy  effi-
ciency  improvements  more  affordable  by offering a sustainable energy
loan program to assist property owners within the city of Binghamton  in
the  installation  of  energy  efficiency improvements. Such loans to be
offered by the city shall be repaid over a period  of  time  through  an
annual assessment on the property of the borrower.
  S  2.  City  of  Binghamton  sustainable energy loan program. 1. Defi-
nitions.  For the purposes of this act, the following terms  shall  have
the following meanings:
  (a)  "Energy efficiency improvement" shall mean a material improvement
made to an existing residential  or  commercial  property  that  reduces
energy consumption, including but not limited to caulking, weatherstrip-
ping,  air  sealing,  insulation,  heating and cooling systems upgrades,
solar thermal systems and conservation  measures,  in  a  cost-effective

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14352-02-9
              

A. 8890                             2

manner  as determined by the city; provided, however, that "energy effi-
ciency improvement" does not include a household appliance,  such  as  a
washing  machine  or refrigerator, that is not permanently fixed to real
property.
  (b)  "Energy  audit"  shall  mean  a  formal evaluation by a certified
contractor of the energy consumption of a residential property  for  the
purpose  of  identifying methods to improve energy efficiency and reduce
energy waste.
  2. Sustainable energy revolving loan fund program.   (a) The  city  of
Binghamton,  New York at its discretion shall offer a sustainable energy
loan to homeowners and businesses for the financing of  the  performance
of  energy  audits  and  the  installation of material energy efficiency
improvements that will be affixed to the property of the borrower.
  (b) The city of Binghamton is authorized to use monies made  available
for  the  program from federal grants that may be used for this purpose,
for the purpose of implementing the sustainable energy loan program.
  (c) The loans issued by the city pursuant to  this  program  shall  be
repaid  by  the borrower through an assessment levied by the city on the
real property where  the  sustainable  energy  loan  was  applied.  Such
assessment  shall be included annually within the city real property tax
bill which is transmitted to the borrower until repaid in full.
  (d) The aggregate amount of each sustainable energy loan  provided  by
the  city  of  Binghamton shall not exceed the actual cost of performing
the energy audit, of installing energy efficiency improvements,  includ-
ing  the  costs  of  necessary  equipment and materials and installation
costs and of reasonable administrative costs.
  (e) 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.
  (f)  At  the discretion of the city of Binghamton, such loans may also
be offered for other demonstrated measures to reduce the  generation  of
greenhouse  gases  that  are  permanently  installed on residential real
property.
  3. Necessity. The city council of Binghamton, New York  declares  that
this legislation is necessary for the immediate protection of the public
interest  and for the implementation of the energy efficiency and green-
house gas reduction plans of the city of Binghamton and the state of New
York.
  S 3. This act shall take effect immediately.