Pursuant to Municipal Home Rule Law § 10, Subdivision
1 (ii)a(12), the Energize NY Benefit Financing Program is herein enacted.
This chapter shall be known as the "Energize NY Benefit Financing
Program Law of the City of Oswego, New York."
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 City of Oswego 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 City of Oswego tax collector
as a charge to be levied on the real property and collected in the
same manner and same form as the City of Oswego 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 City of Oswego 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, 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.
The Energize finance agreement between the qualified property
owner and EIC, acting on behalf of the City of Oswego, 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 City of Oswego real property
tax bill and shall be levied and collected at the same time and in
the same manner as the City of Oswego property taxes, provided that
such charge shall be separately listed on the tax bill. The City of
Oswego shall make payment to EIC or its designee in the amount of
all such separately listed charges within 30 days of the City of Oswego
tax due date.
B. The term of such repayment shall be determined at the time the Energize
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 City of Oswego.
C. The rate of interest for the charge shall be fixed by EIC, acting
on behalf of the City of Oswego, at the time the Energize 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 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.