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.