Relates to the New York state school energy efficiency fund; directs the commissioner of education to administer an application based grant program and distribute funds to schools during the 2010-2011 and 2011-2012 school years; authorizes the commissioner of education to promulgate any necessary rules and regulations relating to the contracting of energy efficiency improvements to existing school buildings; repeals provisions on July 1, 2012.
STATE OF NEW YORK
________________________________________________________________________
5509
2009-2010 Regular Sessions
IN ASSEMBLY
February 13, 2009
___________
Introduced by M. of A. ERRIGO, BALL, FINCH, KOLB, McKEVITT, TOBACCO,
TOWNSEND, WALKER -- Multi-Sponsored by -- M. of A. BACALLES, BARCLAY,
BURLING, CALHOUN, CONTE, MAYERSOHN, QUINN -- read once and referred to
the Committee on Education
AN ACT to amend the state finance law and the education law, in relation
to the New York state school energy efficiency fund; and providing for
the repeal of such provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The state finance law is amended by adding a new section
2 99-q to read as follows:
3 § 99-q. New York state school energy efficiency fund. 1. There is
4 hereby established in the joint custody of the state comptroller and the
5 commissioner of education a special fund to be known as the "New York
6 state school energy efficiency fund".
7 2. The fund shall consist of one percent of all taxes collected from
8 the sale of distillate and residual non-residential fuels, as provided
9 by sections one hundred eighty-two and one hundred eighty-two-a of the
10 tax law, and transferred to such fund pursuant to law, all monies
11 required by any provision of law to be paid into or credited to such
12 fund, and any interest earnings which may accrue from the investment of
13 monies in such fund. Nothing contained in this section shall prevent the
14 state from receiving grants, gifts or bequests for the purposes of the
15 fund as defined in this section and depositing them into such fund
16 according to law.
17 3. The commissioner of education shall promulgate any necessary rules
18 and regulations for the application and distribution of any funds pursu-
19 ant to this section. The commissioner of education shall administer the
20 application based grant program and distribute funds to schools during
21 the two thousand ten--two thousand eleven and two thousand eleven--two
22 thousand twelve school years.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05823-01-9
A. 5509 2
1 4. The commissioner of education shall determine the amount of each
2 grant based largely upon:
3 (a) The amount that actual energy costs exceed the amount budgeted by
4 the school district;
5 (b) The extent of the energy conservation measures to be taken by the
6 district to help reduce costs;
7 (c) The ability of the school district to absorb increased energy
8 costs without significantly reducing academic programs;
9 (d) The impact of high energy costs on school property taxpayers; and
10 (e) Any other criteria deemed appropriate by such commissioner.
11 5. Moneys in the fund for the New York state school districts shall be
12 kept separate and shall not be commingled with any other moneys in the
13 custody of the commissioner of education and the comptroller.
14 6. Moneys in such fund shall be expended only to the New York state
15 school districts.
16 7. All payments from such fund shall be made by the department of
17 education after audit and warrant of the comptroller on vouchers
18 approved by the commissioner of education or his or her designee.
19 § 2. Section 408 of the education law is amended by adding a new
20 subdivision 7 to read as follows:
21 7. The commissioner may promulgate rules and regulations relating to
22 the contracting of energy efficiency improvements to existing school
23 buildings including lighting improvements, air conditioning replacement,
24 boiler upgrades, temperature control upgrades, chiller upgrades or
25 replacement, window replacement and insulation upgrades. Such regu-
26 lations shall provide for an appraisal of estimates of the cost of reno-
27 vation, construction and new equipment as may be necessary and limita-
28 tions on the cost of acquisition and renovation, in taking into
29 consideration the operating cost savings. Such regulations shall also
30 include, but not be limited to:
31 a. Cost allowances for energy efficiency improvements shall not exceed
32 one hundred percent of the cost allowances.
33 b. In cases where a contractor guarantees the pay back on an energy
34 efficiency improvement as part of the contract, the period of probable
35 useful life shall be for the length of the guaranteed pay back.
36 § 3. This act shall take effect immediately and shall expire and be
37 deemed repealed July 1, 2012.
