Bill Text: NY S05310 | 2009-2010 | General Assembly | Introduced


Bill Title: Enacts the alternative energy management planning act; requires municipalities to consider using alternative energy sources in the construction of new municipal buildings; authorizes such municipalities to request a state or federal agency, authority or commission assistance providing information concerning alternative energy sources; directs municipalities to form alternative energy planning units.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO LOCAL GOVERNMENT [S05310 Detail]

Download: New_York-2009-S05310-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5310
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    April 27, 2009
                                      ___________
       Introduced  by  Sen. MORAHAN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Local Government
       AN ACT to amend the general municipal law, in  relation  to  alternative
         energy management planning
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. This act shall be known and may be cited as  the  "alterna-
    2  tive energy management planning act".
    3    S  2.  Legislative  intent.  The legislature hereby finds it is in the
    4  public interest, in order to further the purposes  of  energy  conserva-
    5  tion,  for  municipalities to adopt a local law to encourage alternative
    6  energy sources to be utilized in newly constructed municipal buildings.
    7    S 3. The general municipal law is amended  by  adding  a  new  section
    8  120-dd to read as follows:
    9    S  120-DD. ALTERNATIVE ENERGY MANAGEMENT PLANNING.  1. PURSUANT TO THE
   10  AUTHORITY OF THIS SECTION, NO LATER THAN SEPTEMBER FIRST,  TWO  THOUSAND
   11  NINE, A MUNICIPALITY SHALL ADOPT A LOCAL LAW TO REQUIRE THAT ALTERNATIVE
   12  ENERGY SOURCES BE USED TO PROVIDE ENERGY TO ANY NEWLY CONSTRUCTED MUNIC-
   13  IPAL  BUILDING  WHENEVER  IT  IS  FOUND  TO  BE  COST EFFECTIVE. FOR THE
   14  PURPOSES OF THIS SECTION "COST EFFECTIVE" SHALL MEAN THAT THE TOTAL COST
   15  OF THE ALTERNATIVE ENERGY SOURCES IS LESS THAN THE COST OF ENERGY SOURC-
   16  ES OTHER THAN ALTERNATIVE ENERGY SOURCES, WHERE THE  TERM  "COST"  SHALL
   17  MEAN  ANY  EXPENDITURE  MADE  IN  THE  ACQUISITION OF ALTERNATIVE ENERGY
   18  SOURCES AND SHALL ALSO INCLUDE ANY ADDITIONAL  OR  AVOIDED  EXPENDITURES
   19  RELATED TO:
   20    (A) FUEL COSTS;
   21    (B) INSTALLATION, OPERATION, MAINTENANCE OR REPAIR;
   22    (C)  COSTS  TO THE MUNICIPALITY, INCLUDING, BUT NOT LIMITED TO, PUBLIC
   23  HEALTH EXPENDITURES RELATED TO THE USE OF CLEAN ENERGY TECHNOLOGIES; OR
   24    (D) COSTS RELATED TO REMEDIATION OF ENERGY  SOURCE  FACILITIES  DURING
   25  AND AFTER CLOSURE OF SUCH FACILITIES.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03630-01-9
       S. 5310                             2
    1    2.  PRIOR  TO  THE ENACTMENT OF SUCH LOCAL LAW, THE MUNICIPALITY SHALL
    2  HOLD AT LEAST ONE PUBLIC HEARING RELATING TO THE PROPOSED PROVISIONS AND
    3  SHALL GIVE DUE CONSIDERATION TO EXISTING ENERGY CONSERVATION AND  ALTER-
    4  NATIVE ENERGY SOURCES, STANDARDS, TECHNOLOGIES OR TECHNIQUES, THE AVAIL-
    5  ABILITY  AND  RELIABILITY  OF ENERGY CONSERVATION AND ALTERNATIVE ENERGY
    6  SOURCES AND ANY ADDITIONAL EFFORT AND EXPENSE TO BE INCURRED IN  MEETING
    7  THE PROPOSED REQUIREMENTS.
    8    3.  IN  FULFILLMENT  OF THE PROVISIONS OF THIS SECTION, MUNICIPALITIES
    9  MAY REQUEST A STATE OR  FEDERAL  AGENCY,  AUTHORITY  OR  COMMISSION  FOR
   10  ASSISTANCE  PROVIDING INFORMATION CONCERNING ALTERNATIVE ENERGY SOURCES.
   11  THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, THE NEW YORK STATE  ENERGY
   12  RESEARCH AND DEVELOPMENT AUTHORITY AND THE NEW YORK STATE POWER AUTHORI-
   13  TY  SHALL  PROVIDE TECHNICAL ASSISTANCE IN FURTHERANCE OF THE PROVISIONS
   14  OF THIS SECTION.
   15    4. IN FULFILLMENT OF THE PROVISIONS OF  THIS  SECTION,  MUNICIPALITIES
   16  ARE AUTHORIZED TO FORM ALTERNATIVE ENERGY PLANNING UNITS FOR THE PURPOSE
   17  OF  JOINTLY  ENTERING  INTO  ENERGY  PERFORMANCE CONTRACTS AS DEFINED BY
   18  ARTICLE NINE OF THE ENERGY LAW FOR THE PROVISION OF  ALTERNATIVE  ENERGY
   19  SERVICES.
   20    5.  FOR  THE PURPOSES OF THIS SECTION, THE FOLLOWING WORDS AND PHRASES
   21  HAVE THE FOLLOWING MEANINGS:
   22    (A) "BUILDING." ANY  COMBINATION  OF  MATERIAL,  WHETHER  PORTABLE  OR
   23  FIXED,  HAVING  A  ROOF TO FORM A STRUCTURE WHICH IS HEATED OR COOLED IN
   24  THE NORMAL COURSE AFFORDING SHELTER FOR PERSONS,  ANIMALS  OR  PROPERTY,
   25  INCLUDING ANY EQUIPMENT THEREIN, PROVIDED HOWEVER THAT THE TERM BUILDING
   26  SHALL  NOT  INCLUDE  ANY STRUCTURE WHICH IS HEATED OR COOLED WITHOUT THE
   27  USE OF ELECTRICITY OR FOSSIL FUEL.
   28    (B) "ALTERNATIVE ENERGY SOURCES." ELECTRICITY GENERATION  TECHNOLOGIES
   29  THAT PRODUCE ELECTRICITY USING SOLAR THERMAL ENERGY, PHOTOVOLTAIC, WIND,
   30  FUEL  CELLS,  GEOTHERMAL  ENERGY,  METHANE WASTE AND SUSTAINABLE MANAGED
   31  BIOMASS. IF AFTER THE EFFECTIVE DATE OF  THIS  SUBDIVISION,  NEW  ENERGY
   32  TECHNOLOGIES  EMERGE  THAT WERE UNFORESEEABLE AT THE TIME OF SUCH EFFEC-
   33  TIVE DATE THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION  MAY  DESIGNATE
   34  SUCH TECHNOLOGIES AS CLEAN ENERGY TECHNOLOGIES BASED UPON A FINDING THAT
   35  THE  AIR,  WATER, ECOSYSTEM, PUBLIC HEALTH AND WASTE DISPOSAL IMPACTS OF
   36  SUCH NEW TECHNOLOGIES ARE COMPARABLE TO THOSE OF  THE  RENEWABLE  ENERGY
   37  TECHNOLOGIES  OTHERWISE  LISTED  IN THIS PARAGRAPH. ANY SUCH DESIGNATION
   38  SHALL ONLY TAKE PLACE FOLLOWING A COMPLETE OPPORTUNITY FOR PUBLIC REVIEW
   39  AND COMMENT CONSISTENT WITH THE STATE ADMINISTRATIVE PROCEDURE ACT.
   40    (C) "PLANNING UNIT." AN AREA COMPOSED OF THE GEOGRAPHIC BOUNDARIES  OF
   41  ONE  OR MORE MUNICIPALITIES, ESTABLISHED FOR THE PURPOSE OF ESTABLISHING
   42  A PLAN TO ENCOURAGE THE USE OF ALTERNATIVE  ENERGY  SOURCES  WITHIN  THE
   43  BOUNDARIES OF THE DISTRICT.
   44    S 4. This act shall take effect immediately.
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