[Adopted 11-17-2015 by L.L. No. 38-2015]
[Amended 12-5-2017 by L.L. No. 3-2018; 6-5-2018 by L.L. No. 17-2018]
This Legislature hereby finds and determines that it is the
policy of both the County of Suffolk 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. This Legislature also finds and determines
that Suffolk County can further these policy goals by providing property-assessed
clean energy financing to property owners for the installation of
renewable energy systems and energy-efficiency measures. This Legislature
further finds and determines that this article would establish a program
that will allow the Energy Improvement Corporation, a local development
corporation, acting on behalf of the County of Suffolk, pursuant to
the municipal agreement to be entered into between the County and
Energy Improvement Corporation ("EIC") pursuant to Article 5-G of
the New York General Municipal Law, 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 purpose of this article and fulfilling an important public purpose.
This Legislature also finds that the County of Suffolk is authorized
to implement this sustainable energy loan program, known as "Energize
NY Benefit Financing Program," pursuant to Article 5-G of the New
York General Municipal Law. Therefore, the purpose of this article
is to establish a sustainable energy loan program in the County of
Suffolk.
As used in this article, the following terms shall have the
meanings indicated:
AUTHORITY
The New York State Energy Research and Development Authority
(NYSERDA), as defined by Subdivision 2 of § 1851 of the
Public Authorities Law, or its successor.
COUNTY
County of Suffolk, State of New York.
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 County to implement the Energize
NY Benefit Financing Program by providing funds to qualified property
owners (as defined in this article) and providing for repayment of
such funds from monies collected by the County tax collecting officer
as a charge to be levied on the real property and collected in the
same manner and same form as the County property taxes.
[Amended 12-5-2017 by L.L. No. 3-2018; 6-5-2018 by L.L. No. 17-2018]
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,
weather-stripping, air sealing, insulation, 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 County that is determined to be eligible
to participate in the Energize NY Benefit Financing Program under
the procedures for eligibility set forth under this article.
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.
[Amended 12-5-2017 by L.L. No. 3-2018]
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.
[Amended 12-5-2017 by L.L. No. 3-2018]
A. An Energize NY Benefit Financing Program is hereby established by
the County, whereby EIC, acting on its behalf, pursuant to the municipal
agreement, may provide funds to qualified property owners in accordance
with the procedures set forth under this article, 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. For funds provided to a qualified property owner which is a commercial
entity, not-for-profit organization, or entity other than an individual,
EIC shall have the authority to impose requirements on the maximum
amount of funds to be provided, which may consider factors including,
but not limited to, the property value, projected savings, project
costs, and existing indebtedness secured by such property.
C. For financings made to a qualified property owner who is an individual,
the funds provided shall not exceed the lesser of (i) 10% of the appraised
value of the real property where the renewable energy systems and/or
energy-efficiency improvements will be located, or (ii) 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.
[Amended 12-5-2017 by L.L. No. 3-2018; 6-5-2018 by L.L. No. 17-2018]
Upon submission of an application, EIC, acting on behalf of
the County, 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 County, or EIC acting on its behalf, may set from
time to time.
[Amended 12-5-2017 by L.L. No. 3-2018]
A. A qualified property owner may participate in the Energize NY Benefit
Financing Program through the execution of an Energize NY Finance
Agreement made by and between the qualified property owner and EIC,
acting on behalf of the County (the "Energize NY Finance Agreement").
B. Upon execution of the Energize NY Finance Agreement, the qualified property owner shall be eligible to receive funds from EIC, acting on behalf of the County, for the acquisition, construction, and installation of qualifying renewable energy systems and energy-efficiency improvements; provided the requirements of §
444-7 of this article have been met.
C. The Energize NY Finance Agreement shall include the terms and conditions of repayment set forth under §
444-8 of this article.
[Amended 12-5-2017 by L.L. No. 3-2018]
The Energize NY Finance Agreement between the qualified property
owner and EIC, acting on behalf of the County, 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 his/her real property tax bill
and shall be levied and collected at the same time and in the same
manner as County property taxes, provided that such charge shall be
separately listed on the tax bill. The County shall make payment to
EIC or its designee in the amount of all such separately listed charges
within 30 days of the date payment is due to be made to the County.
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 County.
C. The rate of interest for the charge shall be fixed by EIC, acting
on behalf of the County, 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.
This article shall apply to all actions occurring on or after
the effective date of this article.
This article shall take effect 120 days after its filing in
the Office of the Secretary of State.
[Adopted 6-18-2019 by L.L. No. 29-2019]
[Amended 12-17-2019 by L.L. No. 7-2020]
A. An Energize NY Open C-PACE Financing Program is hereby established
by the Municipality, whereby EIC, acting on its behalf pursuant to
the Municipal Agreement, may arrange for the provision of funds by
Financing Parties to Qualified Property Owners in accordance with
the Enabling Act and the procedures set forth under this article,
to finance the acquisition, construction, reconstruction, and installation
of Qualified Projects and Eligible Costs and Financing Charges approved
by EIC and by the Financing Party under the Finance Agreement. EIC,
on behalf of the Municipality, and with the consent of the Benefited
Property Owner, will record a Benefit Assessment Lien on the Benefited
Property in the Secured Amount (the "Benefit Assessment Lien") on
the land records for the Municipality. Such recording shall be exempt
from any charge, mortgage recording tax or other fee in the same manner
as if recorded by the Municipality.
B. Before a Qualified Property Owner and a Financing Party enter into
a Finance Agreement which results in a loan to finance a Qualified
Project, repayment of which is secured by a Benefit Assessment Lien,
a written consent from each existing mortgage holder of the Qualified
Property shall be obtained, permitting the Benefit Assessment Lien
and each Annual Installment Lien to take priority over all existing
mortgages.
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.
This article shall apply to all actions occurring on or after
the effective date of this article.