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

                                  9086

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              July 27, 2009
                               ___________

Introduced by M. of A. WALKER -- read once and referred to the Committee
  on Energy

AN  ACT in relation to creating a sustainable energy loan program in the
  county of Nassau

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

  Section  1. Legislative intent. The legislature hereby finds that: (a)
the county of Nassau intends to promote energy  efficiency  among  resi-
dents  and  businesses  within  such  county, including the promotion of
energy efficiency improvements and the utilization of  renewable  energy
sources in existing buildings within the county of Nassau;
  (b)  in order to address the issue of global climate change and green-
house gas emissions in the county of Nassau, such  county  has  embarked
upon  an effort to reduce energy demand from existing buildings so as to
have the county of Nassau meet  statewide  energy  efficient  goals.  In
order  to  assist  residents and businesses in the county of Nassau make
energy efficiency  improvements  more  affordable  and  to  promote  the
installation  and  utilization  of such improvements, it is necessary to
set forth a mechanism to finance the  cost  of  such  energy  efficiency
improvements; and
  (c)  pursuant  thereto,  this act will help lower energy costs, reduce
greenhouse gas emissions and make energy efficiency and renewable energy
improvements more affordable by establishing a sustainable  energy  loan
program  to assist homeowners and businesses within the county of Nassau
in the installation of distributed generation renewable  energy  sources
or  energy  efficiency  improvements.  Such  loans to be offered by such
county shall be repaid over a period of time through an  annual  assess-
ment on the real property of the borrower.
  S  2.  Definitions.  For  the  purposes  of this act: (a) "Distributed
generation" shall mean the generation of energy close to  the  point  of
use.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14529-01-9
              

A. 9086                             2

  (b)  "Renewable  energy  source"  shall  mean the production of energy
through hydro, solar thermal, solar photo-voltaic,  geothermal,  biomass
or other renewable energy resources.
  (c)  "Energy  efficiency  improvement"  shall  mean an installation or
modification that is designed to reduce energy consumption  in  residen-
tial or commercial properties.
  S  3. Sustainable energy loan program. (a) The county of Nassau at its
discretion shall establish a sustainable energy loan to  homeowners  and
businesses  for  the financing of the installation of distributed gener-
ation renewable energy sources  and/or  energy  efficiency  improvements
that will be permanently affixed to the  property of the borrower.
  (b)  Such loans shall only be available to owners of improved residen-
tial and commercial properties that are undergoing capital  improvements
or upgrades.
  (c) The loans issued by the county of Nassau pursuant to this program,
shall  be  repaid  by  the borrower through an assessment levied by such
county on the real  property  where  the  sustainable  energy  loan  was
applied.    Such assessment shall be included annually within such coun-
ty's 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 county of Nassau 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.
  (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.
  S 4. Necessity. The county of Nassau 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 county of Nassau and the state of New York.
  S 5. This act shall take effect immediately.