S T A T E   O F   N E W   Y O R K
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                                  1278

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. JAFFEE, SCHIMEL -- Multi-Sponsored by -- M. of A.
  BOYLAND,  JORDAN  --  read once and referred to the Committee on Local
  Governments

AN ACT to amend the general municipal law, in  relation  to  alternative
  energy management planning

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited as  the  "alterna-
tive energy management planning act".
  S  2.  Legislative  intent.  The legislature hereby finds it is in the
public interest, in order to further the purposes  of  energy  conserva-
tion,  for  municipalities to adopt a local law to encourage alternative
energy sources to be utilized in newly constructed municipal buildings.
  S 3. The general municipal law is amended  by  adding  a  new  section
120-dd to read as follows:
  S  120-DD. ALTERNATIVE ENERGY MANAGEMENT PLANNING.  1. PURSUANT TO THE
AUTHORITY OF THIS SECTION, NO LATER THAN SEPTEMBER FIRST,  TWO  THOUSAND
THIRTEEN,  A MUNICIPALITY SHALL ADOPT A LOCAL LAW TO REQUIRE THAT ALTER-
NATIVE ENERGY SOURCES BE USED TO PROVIDE ENERGY TO ANY NEWLY CONSTRUCTED
MUNICIPAL BUILDING AND ANY REPLACEMENT OR MODIFICATIONS  TO  ANY  ENERGY
SERVICE  IN  AN  EXISTING  MUNICIPAL BUILDING WHENEVER IT IS FOUND TO BE
COST EFFECTIVE. FOR THE PURPOSES OF THIS SECTION "COST EFFECTIVE"  SHALL
MEAN  THAT THE TOTAL COST OF THE ALTERNATIVE ENERGY SOURCES IS LESS THAN
THE COST OF ENERGY SOURCES OTHER THAN ALTERNATIVE ENERGY SOURCES,  WHERE
THE  TERM  "COST"  SHALL MEAN ANY EXPENDITURE MADE IN THE ACQUISITION OF
ALTERNATIVE ENERGY SOURCES AND SHALL  ALSO  INCLUDE  ANY  ADDITIONAL  OR
AVOIDED EXPENDITURES RELATED TO:
  (A) FUEL COSTS;
  (B) INSTALLATION, OPERATION, MAINTENANCE OR REPAIR;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02615-01-3
              

A. 1278                             2

  (C)  COSTS  TO THE MUNICIPALITY, INCLUDING, BUT NOT LIMITED TO, PUBLIC
HEALTH EXPENDITURES RELATED TO THE USE OF CLEAN ENERGY TECHNOLOGIES; OR
  (D)  COSTS  RELATED  TO REMEDIATION OF ENERGY SOURCE FACILITIES DURING
AND AFTER CLOSURE OF SUCH FACILITIES.
  2. PRIOR TO THE ENACTMENT OF SUCH LOCAL LAW,  THE  MUNICIPALITY  SHALL
HOLD AT LEAST ONE PUBLIC HEARING RELATING TO THE PROPOSED PROVISIONS AND
SHALL  GIVE DUE CONSIDERATION TO EXISTING ENERGY CONSERVATION AND ALTER-
NATIVE ENERGY SOURCES, STANDARDS, TECHNOLOGIES OR TECHNIQUES, THE AVAIL-
ABILITY AND RELIABILITY OF ENERGY CONSERVATION  AND  ALTERNATIVE  ENERGY
SOURCES  AND ANY ADDITIONAL EFFORT AND EXPENSE TO BE INCURRED IN MEETING
THE PROPOSED REQUIREMENTS.
  3. IN FULFILLMENT OF THE PROVISIONS OF  THIS  SECTION,  MUNICIPALITIES
MAY  REQUEST  A  STATE  OR  FEDERAL  AGENCY, AUTHORITY OR COMMISSION FOR
ASSISTANCE PROVIDING INFORMATION CONCERNING ALTERNATIVE ENERGY  SOURCES.
THE  DEPARTMENT OF ENVIRONMENTAL CONSERVATION, THE NEW YORK STATE ENERGY
RESEARCH AND DEVELOPMENT AUTHORITY AND THE NEW YORK STATE POWER AUTHORI-
TY SHALL PROVIDE TECHNICAL ASSISTANCE IN FURTHERANCE OF  THE  PROVISIONS
OF THIS SECTION.
  4.  IN  FULFILLMENT  OF THE PROVISIONS OF THIS SECTION, MUNICIPALITIES
ARE AUTHORIZED TO FORM ALTERNATIVE ENERGY PLANNING UNITS FOR THE PURPOSE
OF JOINTLY ENTERING INTO ENERGY  PERFORMANCE  CONTRACTS  AS  DEFINED  BY
ARTICLE  NINE  OF THE ENERGY LAW FOR THE PROVISION OF ALTERNATIVE ENERGY
SERVICES.
  5. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING WORDS  AND  PHRASES
HAVE THE FOLLOWING MEANINGS:
  (A)  "BUILDING."  ANY  COMBINATION  OF  MATERIAL,  WHETHER PORTABLE OR
FIXED, HAVING A ROOF TO FORM A STRUCTURE WHICH IS HEATED  OR  COOLED  IN
THE  NORMAL  COURSE  AFFORDING SHELTER FOR PERSONS, ANIMALS OR PROPERTY,
INCLUDING ANY EQUIPMENT THEREIN, PROVIDED HOWEVER THAT THE TERM BUILDING
SHALL NOT INCLUDE ANY STRUCTURE WHICH IS HEATED OR  COOLED  WITHOUT  THE
USE OF ELECTRICITY OR FOSSIL FUEL.
  (B)  "ALTERNATIVE ENERGY SOURCES." ELECTRICITY GENERATION TECHNOLOGIES
THAT PRODUCE ELECTRICITY USING SOLAR THERMAL ENERGY, PHOTOVOLTAIC, WIND,
FUEL CELLS, GEOTHERMAL ENERGY, METHANE  WASTE  AND  SUSTAINABLE  MANAGED
BIOMASS.  IF  AFTER  THE  EFFECTIVE DATE OF THIS SUBDIVISION, NEW ENERGY
TECHNOLOGIES EMERGE THAT WERE UNFORESEEABLE AT THE TIME OF  SUCH  EFFEC-
TIVE  DATE  THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION MAY DESIGNATE
SUCH TECHNOLOGIES AS CLEAN ENERGY TECHNOLOGIES BASED UPON A FINDING THAT
THE AIR, WATER, ECOSYSTEM, PUBLIC HEALTH AND WASTE DISPOSAL  IMPACTS  OF
SUCH  NEW  TECHNOLOGIES  ARE COMPARABLE TO THOSE OF THE RENEWABLE ENERGY
TECHNOLOGIES OTHERWISE LISTED IN THIS PARAGRAPH.  ANY  SUCH  DESIGNATION
SHALL ONLY TAKE PLACE FOLLOWING A COMPLETE OPPORTUNITY FOR PUBLIC REVIEW
AND COMMENT CONSISTENT WITH THE STATE ADMINISTRATIVE PROCEDURE ACT.
  (C)  "PLANNING UNIT." AN AREA COMPOSED OF THE GEOGRAPHIC BOUNDARIES OF
ONE OR MORE MUNICIPALITIES, ESTABLISHED FOR THE PURPOSE OF  ESTABLISHING
A  PLAN  TO  ENCOURAGE  THE USE OF ALTERNATIVE ENERGY SOURCES WITHIN THE
BOUNDARIES OF THE DISTRICT.
  S 4. This act shall take effect immediately.