[HISTORY: Adopted 12-11-2017 by L.L. No. 7-2017. Amendments noted where applicable.]
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."
A.
It is the policy of both the City of Oswego and the State of New
York to achieve energy efficiency and renewable energy goals, reduce
greenhouse gas emissions, mitigate the effect of global climate change,
and advance a clean energy economy. The City of Oswego finds that
it can fulfill this policy by providing property-assessed clean energy
financing to property owners for the installation of renewable energy
systems and energy efficiency measures. This chapter establishes a
program that will allow the Energy Improvement Corporation ("EIC"),
a local development corporation, acting on behalf of the City of Oswego,
to make funds available to qualified property owners that will be
repaid by such property owners through charges on the real properties
benefited by such funds, thereby fulfilling the purposes of this chapter
and fulfilling an important public purpose.
B.
The City of Oswego is authorized to implement this Energize NY Benefit
Financing Program pursuant to Article 5-L of the New York General
Municipal Law.
For purposes of this chapter, and unless otherwise expressly
stated or unless the context requires, the following terms shall have
the meanings indicated:
The New York State Energy Research and Development Authority,
as defined by Subdivision 2 of § 1851 of the Public Authorities
Law, or its successor.
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.
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.
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.
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.
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.
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.
A.
An Energize NY Benefit Financing Program is hereby established by
the City of Oswego, whereby EIC, acting on its behalf, may provide
funds to qualified property owners in accordance with the procedures
set forth under this chapter, to finance the acquisition, construction
and installation of renewable energy systems and energy efficiency
improvements and the verification of the installation of such systems
and improvements.
B.
The funds provided shall not exceed the lesser of 10% of the appraised
value of the real property where the renewable energy systems and/or
energy efficiency improvements will be located, or the actual cost
of installing the renewable energy systems and/or energy efficiency
improvements, including the costs of necessary equipment, materials,
and labor and the cost of verification of such systems and improvements.
A.
Any property owner in the City of Oswego may submit application to
EIC on such forms as have been prepared by EIC and made available
to property owners on the websites of EIC and the City of Oswego and
their respective offices.
B.
Every application submitted by a property owner shall be reviewed by EIC, acting on behalf of the City of Oswego, which shall make a positive or negative determination on such application based upon the criteria for making a financing enumerated in Subsection A of § 110-7 of this chapter. EIC may also request further information from the property owner where necessary to aid in its determination.
C.
If a positive determination on an application is made by EIC acting on behalf of the City of Oswego, the property owner shall be deemed a qualified property owner and shall be eligible to participate in the Energize NY Benefit Financing Program in accordance with the procedure set forth under § 110-8 of this chapter; provided that in no case shall a property owner that has received funds from another municipal corporation for the acquisition, construction and installation of energy efficiency improvements and/or renewable energy systems be deemed a qualified property owner.
A.
Upon the submission of an application, EIC, acting on behalf of the
City of Oswego, shall make a positive or negative determination on
such application based upon the following criteria for the making
of a financing:
(1)
The proposed energy efficiency improvements and/or renewable energy
systems are determined to be cost effective by the Authority;
(2)
The proposed energy efficiency improvements and/or renewable energy
systems will generate an estimated annual cost savings greater than
the annual charge payments;
(3)
Sufficient funds are available to provide to the property owner;
(4)
The property owner is current in payments on any existing mortgage;
(5)
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
(6)
Such additional criteria, not inconsistent with the criteria set
forth above, as the Code of the City of Oswego requires, or EIC, acting
on behalf of the City of Oswego, may set from time to time.
A.
A qualified property owner may participate in the Energize NY Benefit
Financing Program through the execution of an Energize finance agreement
made by and between the qualified property owner and EIC, acting on
the behalf of the City of Oswego.
B.
Upon execution of the Energize finance agreement, the qualified property owner shall be eligible to receive funds from EIC, acting on behalf of City of Oswego, for the acquisition, construction, and installation of qualifying renewable energy systems and energy efficiency improvements; provided the requirements of § 110-7 of this chapter have been met.
A.
No funds shall be made available for energy efficiency improvements unless determined to be appropriate through an energy audit as defined in § 110-2.
B.
No funds shall be made available for a renewable energy system unless determined to be feasible through a renewable energy system feasibility study as defined in § 110-4.
C.
The cost of such energy audit and/or renewable energy system feasibility
study shall be borne solely by the property owner but may be included
in the financed amount if the work is approved.
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.
A.
EIC shall be responsible for verifying and reporting to the City
of Oswego on the installation and performance of renewable energy
systems and energy efficiency improvements financed by such program.
B.
The City of Oswego shall verify and report on the installation and
performance of renewable energy systems and energy efficiency improvements
financed by the Energize NY Benefit Financing Program in such form
and manner as the Authority may establish.
