For purposes of this chapter, and unless otherwise expressly
stated or unless the context requires, the following terms shall have
the meanings indicated:
AUTHORITY
The New York State Energy Research and Development Authority,
as defined by Subdivision 2 of § 1851 of the Public Authorities
Law, or its successor.
EIC
The Energy Improvement Corporation, a local development corporation,
duly organized under § 1411 of the Not-For-Profit Corporation
Law, authorized hereby on behalf of the Town of North Salem to implement
the Energize NY Benefit Financing Program by providing funds to qualified
property owners (as defined in this chapter) and providing for repayment
of such funds from monies collected by the Town of North Salem tax
collecting officer as a charge to be levied on the real property and
collected in the same manner and same form as the Town of North Salem
taxes.
ENERGY AUDIT
A formal evaluation or "assessment" of the energy consumption
of a permanent building or structural improvement to real property,
conducted by a contractor certified by the Authority, or certified
by a certifying entity approved by the Authority, for the purpose
of identifying appropriate energy efficiency improvements that could
be made to the property.
ENERGY EFFICIENCY IMPROVEMENT
Any renovation or retrofitting of a building to reduce energy
consumption, such as window and door replacement, lighting, caulking,
weatherstripping, air sealing, insulation, and heating and cooling
system upgrades, and similar improvements, determined to be cost-effective
pursuant to criteria established by the Authority, not including lighting
measures or household appliances that are not permanently fixed to
real property.
QUALIFIED PROPERTY OWNER
An owner of residential or commercial real property located
within the boundaries of the Town of North Salem that is determined
to be eligible to participate in the Energize NY Benefit Financing
Program under the procedures for eligibility set forth under this
chapter.
RENEWABLE ENERGY SYSTEM
An energy generating system for the generation of electric
or thermal energy, to be used primarily at such property, except when
the qualified property owner is a commercial entity, in which case
the system may be used for other properties in addition to the subject
property, by means of solar thermal, solar photovoltaic, wind, geothermal,
anaerobic digester gas-to-electricity systems, fuel cell technologies,
or other renewable energy technology approved by the Authority, not
including the combustion or pyrolysis of solid waste.
RENEWABLE ENERGY SYSTEM FEASIBILITY STUDY
A written study, conducted by a contractor certified by the
Authority, or certified by a certifying entity approved by the Authority,
for the purpose of determining the feasibility of installing a renewable
energy system.
Upon the submission of an application, EIC, acting on behalf
of the Town of North Salem, shall make a positive or negative determination
on such application based upon the following criteria for the making
of a financing:
A. The proposed energy efficiency improvements and/or renewable energy
systems are determined to be cost effective based on guidelines issued
by the Authority;
B. The property owner may not be in bankruptcy and the property may
not constitute property subject to any pending bankruptcy proceeding;
C. The amount financed under the Energize NY Benefit Financing Program
shall be repaid over a term not to exceed the weighted average of
the useful life of renewable energy systems and energy efficiency
improvements to be installed on the property as determined by EIC;
D. Sufficient funds are available from EIC to provide financing to the
property owner;
E. The property owner is current in payments on any existing mortgage;
F. The property owner is current in payments on any existing real property
taxes and has been current on real property taxes for the previous
three years; and
G. Such additional criteria, not inconsistent with the criteria set
forth above, as the Town of North Salem, or EIC acting on its behalf,
may set from time to time.
The Energize NY finance agreement between the qualified property
owner and EIC, acting on behalf of the Town of North Salem, shall
set forth the terms and conditions of repayment in accordance with
the following:
A. The principal amount of the funds paid to the qualified property
owner hereunder, together with the interest thereon, shall be paid
by the property owner as a charge on their Town of North Salem tax
bill and shall be levied and collected at the same time and in the
same manner as Town of North Salem property taxes, provided that such
charge shall be separately listed on the tax bill. The Town of North
Salem shall make payment to EIC or its designee in the amount of all
such separately listed charges within 30 days of the date the payment
is due to be made to Town of North Salem.
B. The term of such repayment shall be determined at the time the Energize
NY finance agreement is executed by the property owner and EIC, provided
that in no case shall the term exceed the weighted average of the
useful life of the systems and improvements as determined by EIC,
acting on behalf of the Town of North Salem.
C. The rate of interest for the charge shall be fixed by EIC, acting
on behalf of the Town of North Salem, at the time the Energize NY
finance agreement is executed by the property owner and EIC.
D. The charge shall constitute a lien upon the real property benefited
by the Energize NY Benefit Financing Program as set forth in Article
5-L of the General Municipal Law and shall run with the land. A transferee
of title to the benefited real property shall be required to pay any
future installments, including interest thereon.