I am very pleased that the Greenburgh Town Board approved a new law tonight that will help businesses in the town save money by making their properties more energy efficient. A local development corporation, acting on behalf of the Town of

Greenburgh, will 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. I learned of this program at a meeting in Bedford of the Westchester Municipal Officials earlier this year. The program currently is available to commercial property owners in the communities that have signed up.

This is one of many initiatives the town has and will be taking to promote energy efficiency.

PAUL FEINER

TOWN of GREENBURGH

Local Law No. /2013

A local law amending the Code of the Town of Greenburgh by adding a new Chapter 234

entitled, “Greenburgh Energize NY Benefit Finance Program Law” pursuant to New York State

Constitution Article IX and Municipal Home Rule Law § 10.

§ 1. Enactment of new Chapter 234, Entitled “Greenburgh Energize NY Benefit

Finance Program Law.”

A. § 234-1. Legislative findings, intent and purpose, authority.

B. § 234-2. Definitions.

C. § 234-3. Establishment of an Energize NY Benefit Finance Program.

D. § 234-4. Procedures for eligibility.

E. § 234-5. Application criteria.

F. § 234-6. Opt-in, Energize NY Benefit Finance Agreement.

G. § 234-7. Energy audit, renewable energy system feasibility study.

H. § 234-8. Terms and conditions of repayment.

I. § 234-9. Verification and report.

§ 2. Severability.

§ 3. Effective Date.

§1 Enactment of new Chapter 234, Entitled “Greenburgh Energize NY Benefit Finance

Program Law.”

§ 234-1. Legislative findings, intent and purpose, authority.

A. It is the policy of both the Town of Greenburgh 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 Town of Greenburgh

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 Town of

Greenburgh, 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 Town of Greenburgh is authorized to implement this Energize NY Benefit Finance

Program pursuant to Article 5-L of the New York General Municipal Law.

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C. This chapter shall be known and may be cited as the “Energize NY Benefit Finance Program

Law of the Town of Greenburgh.”

§ 234-2. Definitions

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 two of section eighteen hundred fifty-one of the Public Authorities Law, or its

successor.

EIC – the Energy Improvement Corporation, a local development corporation, duly organized

under section fourteen hundred eleven of the Not-For-Profit Corporation Law, authorized hereby

on behalf of the Town of Greenburgh to implement the Energize NY Benefit Finance 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 Town of Greenburgh tax collector as a

charge to be levied on the real property and collected in the same manner and same form as the

Town of Greenburgh 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 Town of Greenburgh that is determined to be eligible to

participate in the Energize NY Benefit Finance 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.

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§234-3. Establishment of an Energize NY Benefit Finance Program

A. An Energize NY Benefit Finance Program is hereby established by the Town of Greenburgh,

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 ten percent 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.

§234-4. Procedures for eligibility

A. Any property owner in the Town of Greenburgh may submit application to EIC on such

forms as have been prepared by EIC and made available to property owners on the website of

EIC and at the Town of Greenburgh offices.

B. Every application submitted by a property owner shall be reviewed by EIC acting on behalf

of the Town of Greenburgh, which shall make a positive or negative determination on such

application based upon the criteria for making a financing enumerated in subsection A of

section 5 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 Town of

Greenburgh, the property owner shall be deemed a Qualified Property Owner and shall be

eligible to participate in the Energize NY Benefit Finance Program in accordance with the

procedure set forth under section 6 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.

§234-5. Application criteria

A. Upon the submission of an application, EIC acting on behalf of the Town of Greenburgh,

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;

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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 Town of

Greenburgh, or EIC acting on its behalf, may set from time to time.

§234-6. Opt-in, Energize NY Benefit Finance Program Agreement

A. A Qualified Property Owner may participate in the Energize NY Benefit Finance Program

through the execution of an Energize NY Benefit Finance Agreement made by and between

the Qualified Property Owner and EIC, acting on the behalf of the Town of Greenburgh.

B. Upon execution of the Energize NY Benefit Finance Agreement, the Qualified Property

Owner shall be eligible to receive funds from EIC acting on behalf of Town of Greenburgh,

for the acquisition, construction, and installation of qualifying Renewable Energy Systems

and Energy Efficiency Improvements; provided the requirements of section 7 of this chapter

have been met.

C. The Energize NY Benefit Finance Agreement shall include the terms and conditions of

repayment set forth under section 8 of this chapter.

§234-7. Energy audit, renewable energy system feasibility study

A. No funds shall be made available for Energy Efficiency Improvements unless determined to

be appropriate through an Energy Audit as defined in Section 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 Section 2.

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.

§234-8. Terms and conditions of repayment

The Energize NY Benefit Finance Agreement between the Qualified Property Owner and EIC

acting on behalf of the Town of Greenburgh, 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 Town of

Greenburgh tax bill and shall be levied and collected at the same time and in the same

manner as Town of Greenburgh property taxes, provided that such charge shall be separately

listed on the tax bill. The charge, along with any penalties and interest, shall be senior to any

other lender’s lien on the property. The Town of Greenburgh, shall make payment to EIC or

its designee in the amount of all such separately listed charges within 30 days of the Town of

Greenburgh tax due date.

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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 Town of Greenburgh.

C. The rate of interest for the charge shall be fixed by EIC acting on behalf of the Town of

Greenburgh 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 Finance 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.

§234-9. Verification and report

A. EIC shall be responsible for verifying and reporting to the Town of Greenburgh on the

installation and performance of Renewable Energy Systems and Energy Efficiency

Improvements financed by such program.

B. The Town of Greenburgh shall verify and report on the installation and performance of

Renewable Energy Systems and Energy Efficiency Improvements financed by the Energize

NY Benefit Finance Program in such form and manner as the Authority may establish.

§ 2. Severability.

If any clause, sentence, paragraph, subdivision, section or part of this chapter or the application

to any person or circumstance shall be adjudged by any court of competent jurisdiction to be

invalid or unconstitutional, such order or judgment shall not affect, impair or invalidate the

remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph,

subdivision, section or part of this chapter, or its application to the person or circumstance

directly involved in the controversy in which such order or judgment shall be rendered.

§ 3. Effective Date.

This Local Law shall take effect immediately upon filing with the Secretary of State.