STATE OF NEW YORK
________________________________________________________________________
8862
2009-2010 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. Subdivision 9 of section 198 of the town law, as amended by
2 chapter 709 of the laws of 1946, paragraph (a) as separately amended by
3 chapters 672 and 136 of the laws of 1973, is amended to read as follows:
4 9. Refuse and garbage districts. After a refuse and garbage district
5 shall have been established in such town, the town board may,
6 (a) Provide for the collection and/or resource recovery or disposi-
7 tion, or any combination thereof of garbage, ashes, rubbish and other
8 waste matter in such district, and for any of such purposes may
9 construct, operate and maintain refuse resource recovery, disposal or
10 incinerator plants, and establish, operate and maintain sanitary land-
11 fills, acquire the necessary lands therefor, and purchase, operate and
12 maintain all necessary appliances appurtenant thereto, including such
13 vehicles as may be required for the collection and resource recovery or
14 disposition thereof; or the town board may contract for the collection
15 and resource recovery or disposal of animal or vegetable refuse, ashes,
16 garbage or any waste matter, and for that purpose may award one or more
17 contracts for a period not exceeding ten years for the collection and
18 twenty years for the resource recovery or disposal thereof for all
19 refuse and garbage districts in such town or separate contracts for each
20 district or part thereof. Whenever the town board may determine it
21 advantageous so to do, it may employ a sufficient number of persons and
22 provide the necessary equipment to collect such garbage, refuse and
23 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
1 (b) Upon a petition as provided for in section one hundred ninety-one
2 of this article, provide for the prevention or reduction of waste matter
3 consisting of carbon components of energy waste from residential proper-
4 ties and the performance of energy audits and the purchase and installa-
5 tion of energy efficiency improvements on such residential properties.
6 The term "energy efficiency improvement", as used in this subdivision,
7 shall mean a material improvement made to an existing residential prop-
8 erty that reduces energy consumption, including but not limited to
9 caulking, weatherstripping, air sealing, insulation, heating and cooling
10 systems upgrades, solar thermal systems and conservation measures, in a
11 cost-effective manner as determined by the town, provided, however, that
12 "energy efficiency improvement" does not include a household appliance,
13 such as a washing machine or refrigerator, that is not permanently fixed
14 to real property. The term "energy audit", as used in this subdivision,
15 shall mean a formal evaluation by a qualified contractor, who shall be
16 approved by the town board, of the energy consumption of a residential
17 property for the purpose of identifying methods to improve energy effi-
18 ciency and reduce energy waste.
19 (c) Establish from time to time, charges, fees or rates to be paid by
20 users for refuse and garbage collection service and may provide for the
21 payment of said charges in advance. Such charges, fees or rates may be
22 based upon the volume of refuse, garbage, ashes, rubbish and other waste
23 matter collected, making a proper allowance for commercial or industrial
24 establishments, the number of calls per month, the number of persons or
25 families served in the district, or upon any other equitable basis as
26 the town board may determine. The town board may also establish from
27 time to time charges, fees or rates to be paid by those who have had
28 energy audits performed and energy efficiency improvements installed or
29 implemented on residential properties. Such charges shall be a lien upon
30 the real property for which or in connection with which the services are
31 rendered.
32 [(c)] (d) Provide by ordinance, rule or regulation for the time within
33 which rates, charges or fees for the refuse and garbage collection
34 service or for energy audits and energy efficiency improvements shall be
35 paid, and may provide a penalty not exceeding ten per centum of the
36 amount due, when such rates, charges or fees are in arrears for thirty
37 days, or longer. The town clerk shall annually file with the town board
38 statements showing unpaid rates, charges or fees in such districts. Such
39 statements shall contain a brief description of the property for which
40 or in connection with which the refuse and garbage collection service
41 was provided, or on which the energy audits were performed and energy
42 efficiency improvements were installed, the names of the persons or
43 corporations liable to pay the same and the amount chargeable to each.
44 The supervisor shall transmit such statements to the board of supervi-
45 sors which shall levy such sums against the property liable and shall
46 state the amount of the tax in a separate column in the annual tax rolls
47 of such town under the name of "refuse and garbage charges." Such tax
48 shall be paid to the supervisor of such town. All the provisions of the
49 existing tax laws of the state of New York covering the enforcement and
50 collection of unpaid town taxes or assessments for special improvements
51 in the several towns of the state of New York, not inconsistent here-
52 with, or for energy audits and energy efficiency improvements shall
53 apply to the collection of such unpaid charges for the collection of
54 refuse and garbage. All such rates, charges and fees shall be used for
55 the payment of the cost of the management, maintenance and operation of
56 the refuse and garbage collection service, or the enlargement or exten-
A. 8862 3
1 sion of the facilities thereof or the improvement of services therein,
2 or for the cost of the management, maintenance and operation of perform-
3 ing energy audits and purchasing and installing energy efficiency
4 improvements.
5 [(d)] (e) Adopt from time to time ordinances, rules and regulations
6 for the collection of garbage, ashes, rubbish and other waste matter in
7 the refuse and garbage districts in the town and the use of the equip-
8 ment therein, and in addition to the remedies provided in section [one
9 hundred and thirty-five] one hundred thirty-five of this chapter for the
10 enforcement thereof or for the punishment of violators, the town board
11 may enforce compliance with such rules, ordinances and regulations by
12 discontinuing the refuse and garbage collection service.
13 § 2. The town law is amended by adding a new section 209-i to read as
14 follows:
15 § 209-i. Refuse and garbage improvement districts. The purpose of a
16 refuse and garbage improvement district created pursuant to this article
17 may include, after complying with the provisions of this article for the
18 establishment of such a district, the prevention or reduction of waste
19 matter consisting of carbon components of energy waste from residential
20 properties and the performance of energy audits and the purchase and
21 installation of energy efficiency improvements on such residential prop-
22 erties. The term "energy efficiency improvement", as used in this subdi-
23 vision, shall mean a material improvement made to an existing residen-
24 tial property that reduces energy consumption, including but not limited
25 to caulking, weatherstripping, air sealing, insulation, heating and
26 cooling systems upgrades, solar thermal systems and conservation meas-
27 ures, in a cost-effective manner as determined by the town, provided,
28 however, that "energy efficiency improvement" does not include a house-
29 hold appliance, such as a washing machine or refrigerator, that is not
30 permanently fixed to real property. The term "energy audit", as used in
31 this subdivision, shall mean a formal evaluation by a qualified contrac-
32 tor, who shall be approved by the town board, of the energy consumption
33 of a residential property for the purpose of identifying methods to
34 improve energy efficiency and reduce energy waste.
35 § 3. Nothing in this act shall be construed to impair the validity of
36 any action taken by any public official prior to the time this act shall
37 take effect.
38 § 4. This act shall take effect immediately.
