Bill Text: NY A07805 | 2019-2020 | General Assembly | Amended

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Bill Title: Relates to municipal sustainable energy loan programs.

Spectrum: Partisan Bill (Democrat 30-0)

Status: (Passed) 2020-09-21 - SIGNED CHAP.184 [A07805 Detail]

Download: New_York-2019-A07805-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7805--C

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      May 23, 2019
                                       ___________

        Introduced  by M. of A. CUSICK, PAULIN, ABINANTI, BUCHWALD, GALEF, CRUZ,
          D'URSO, BLAKE,  JAFFEE,  COLTON,  LENTOL,  THIELE,  McDONALD,  SAYEGH,
          ORTIZ,  CARROLL, DICKENS, ENGLEBRIGHT, JEAN-PIERRE, JACOBSON, EPSTEIN,
          SIMON,  COOK,  SEAWRIGHT,  BUTTENSCHON,  MOSLEY,  GRIFFIN,  ABBATE  --
          Multi-Sponsored  by  --  M. of A. FRONTUS -- read once and referred to
          the Committee on Energy -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee --  recommitted
          to  the Committee on Energy in accordance with Assembly Rule 3, sec. 2
          -- committee discharged, bill amended, ordered  reprinted  as  amended
          and  recommitted to said committee -- again reported from said commit-
          tee with amendments, ordered reprinted as amended and  recommitted  to
          said committee

        AN  ACT  to  amend  the  general municipal law, in relation to municipal
          sustainable energy loan programs

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section  119-ff of the general municipal law, as added by
     2  chapter 497 of the laws of 2009, subdivision 6 as amended by chapter 320
     3  of the laws of 2017, is amended to read as follows:
     4    § 119-ff. Definitions. For purposes of this article:
     5    1. "Authority" means the New York state energy research  and  develop-
     6  ment  authority,  as  defined  by  subdivision  two  of section eighteen
     7  hundred fifty-one of the public authorities law, or its successor.
     8    2. "Credit support" means and includes direct loans, letters of  cred-
     9  it,  loan  guarantees,  and  insurance  products; and the purchase of or
    10  commitment to purchase, or the sale  of  or  commitment  to  sell,  debt
    11  instruments, including subordinated securities.
    12    3.  "Energy audit" means a formal evaluation of the energy consumption
    13  of a permanent building or  structural  improvement  to  real  property,
    14  conducted  by a contractor certified by the authority, or certified by a
    15  certifying entity approved by the authority for purposes of  this  arti-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11333-09-0
        A. 7805--C                          2

     1  cle,  for  the  purpose  of  identifying  appropriate  energy efficiency
     2  improvements that could be made to or incorporated into the construction
     3  of the property. A municipal corporation may, by local law, provide  for
     4  the  certification  of  such contractors based upon criteria at least as
     5  stringent as the state-wide criteria for certification  adopted  by  the
     6  authority for purposes of this article.
     7    4.  "Energy  efficiency improvement" means [and includes] any improve-
     8  ment to real property, whether as a component of the new construction of
     9  a building or as the renovation  or  retrofitting  of  [a]  an  existing
    10  building  to reduce energy consumption, such as window and door replace-
    11  ment, lighting, caulking, weatherstripping, air sealing, insulation, and
    12  heating and cooling system upgrades, and  similar  improvements,  deter-
    13  mined  to  be  cost-effective  pursuant  to  criteria established by the
    14  authority. However, "energy efficiency improvement"  shall  not  include
    15  lighting measures or household appliances that are not permanently fixed
    16  to real property.
    17    5. "Municipal corporation" means a county, town, city or village.
    18    6.  "Real  property" means any property, an interest in which is or is
    19  eligible to be  recorded  or  registered  on  municipal  land  ownership
    20  records by the possessor of such interest.
    21    7. "Renewable energy system" means an energy generating system for the
    22  generation  of  electric or thermal energy, to be used primarily at such
    23  property, except when the owner of real property is a commercial entity,
    24  by means of solar thermal, solar photovoltaic, wind, geothermal, anaero-
    25  bic digester gas-to-electricity  systems,  fuel  cell  technologies,  or
    26  other  renewable energy technology approved by the authority not includ-
    27  ing the combustion or pyrolysis of solid waste.
    28    [7.] 8. "Renewable energy system feasibility study"  means  a  written
    29  study,  conducted  by a contractor certified by the authority, or certi-
    30  fied by a certifying entity approved by the authority  for  purposes  of
    31  this article, for the purpose of determining the feasibility of install-
    32  ing  a  renewable  energy  system. A municipal corporation may, by local
    33  law, provide for the certification of such contractors based upon crite-
    34  ria at least as stringent as the state-wide criteria  for  certification
    35  adopted by the authority for purposes of this article.
    36    § 2. This act shall take effect immediately.