[Adopted 1-24-2017 by L.L. No. 1-2017]
As used in this article, the following terms shall have the
meanings indicated:
BENCHMARKING INFORMATION
Information generated by Portfolio Manager, as herein defined,
including descriptive information about the physical building and
its operational characteristics.
BUILDING ENERGY BENCHMARKING
The process of measuring a building's energy use, tracking
that use over time, and comparing performance to similar buildings.
COVERED MUNICIPAL BUILDING
A building or facility that is owned or occupied by the County
of Cayuga that is 1,000 square feet or larger in size.
ENERGY
Electricity, natural gas, steam, hot or chilled water, fuel
oil, or other product for use in a building, or renewable on-site
electricity generation, for purposes of providing heating, cooling,
lighting, water heating, or for powering or fueling other end uses
in the building and related facilities, as reflected in utility bills
or other documentation of actual energy use.
ENERGY PERFORMANCE SCORE
The numeric rating generated by Portfolio Manager that compares
the energy usage of the building to that of similar buildings.
GROSS FLOOR AREA
The total number of enclosed square feet measured between
the exterior surfaces of the fixed walls within any structure used
or intended for supporting or sheltering any use or occupancy.
PORTFOLIO MANAGER
ENERGY STAR® Portfolio Manager,
the internet-based tool developed and maintained by the United States
Environmental Protection Agency to track and assess the relative energy
performance of buildings nationwide, or successor.
UTILITY
An entity that distributes and sells energy to covered municipal
buildings.
WEATHER NORMALIZED SITE EUI
The amount of energy that would have been used by a property
under thirty-year average temperatures, accounting for the difference
between average temperatures and yearly fluctuations.
The Department shall maintain records as necessary for carrying
out the purposes of this article, including but not limited to energy
bills and other documents received from tenants and/or utilities.
Such records shall be preserved by the Department for a period of
three years.
The invalidity or unenforceability of any section, subsection,
paragraph, sentence, clause, provision, or phrase of the aforementioned
sections, as declared by the valid judgment of any court of competent
jurisdiction to be unconstitutional, shall not affect the validity
or enforceability of any other section, subsection, paragraph, sentence,
clause, provision, or phrase, which shall remain in full force and
effect.
[Adopted 9-24-2019 by L.L. No. 2-2019]
Upon the submission of an application, EIC, acting on behalf
of the Municipality, shall make a positive or negative determination
on such application based upon the following criteria for the making
of a financing:
A. The property owner may not be in bankruptcy and the property may
not constitute property subject to any pending bankruptcy proceeding;
B. The amount financed under the 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;
C. Sufficient funds are available from Financing Parties to provide
financing to the property owner;
D. The property owner is current in payments on any existing mortgage
on the Qualified Property;
E. The property owner is current in payments on any real property taxes
on the Qualified Property; and
F. Such additional criteria, not inconsistent with the criteria set
forth above, as the state, the Municipality, or EIC acting on its
behalf, or other Financing Parties may set from time to time.
The Finance Agreement shall set forth the terms and conditions
of repayment in accordance with the following:
A. The principal amount of the funds loaned to the Benefited Property
Owner for the Qualified Project, together with Eligible Costs and
Financing Charges approved by EIC and by the Financing Party, shall
be specially assessed against the Benefited Property and will be evidenced
by a Benefit Assessment Lien recorded against the Benefited Property
on the land records on which liens are recorded for properties within
the Municipality. The special benefit assessment shall constitute
a "charge" within the meaning of the Enabling Act and shall be collected
in annual installments in the amounts certified by the Financing Party
in a schedule provided at closing and made part of the Benefit Assessment
Lien. Said amount shall be annually levied, billed and collected by
EIC, on behalf of the Municipality, and shall be paid to the Financing
Party as provided in the Finance Agreement.
B. The term of such repayment shall be determined at the time the Finance
Agreement is executed by the Benefited Property Owner and the Financing
Party, not to exceed the weighted average of the useful life of the
systems and improvements as determined by EIC, acting on behalf of
the Municipality.
C. The rate of interest for the Secured Amount shall be fixed by the
Financing Party in conjunction with EIC, acting on behalf of the Municipality,
as provided in the Finance Agreement.
EIC, on behalf of the Municipality, shall verify and report
on the installation and performance of Renewable Energy Systems and
Energy Efficiency Improvements financed by the Program in such form
and manner as the Authority may establish.
If any clause, sentence, paragraph, section, or part of this
article shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section, or part thereof involved in the controversy
in which such judgment shall have been rendered.