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.
