Authorizes the prevention or reduction of waste matter consisting of carbon components of energy waste from residential properties

BILL NUMBER:A8862

Title of bill

An act to amend the town law, in relation to authorizing the prevention or reduction of waste matter consisting of carbon compo- nents of energy waste from residential properties

Purpose or General Idea of Bill: This legislation seeks to clarify the ability of towns to use refuse and garbage districts to deal with carbon waste by helping residential homeowners to finance energy audits and energy efficiency improvements to prevent or reduce the generation of carbon-based waste in order to promote the health and welfare of New York citizens.

Summary of Specific provisions: Amends subdivision 9 of section 198 of the Town Law and adds a new section 209-i to the Town Law in relation to expanding refuse and garbage districts to include prevention or reduction of waste matter consisting of carbon components of energy waste from residential properties in either gaseous or solid form.

Justification: Pollution and global climate change threaten the envi- ronment, natural resources, and economy of New York State. Harmful effects from these threats include asthma attacks and premature deaths in seniors, increased levels of mercury contamination, destruction of our forest ecosystems by acid rain, as well as the wide ranging negative effects associated with climate change. Since the use of fossil fuel strongly contributes to pollution and climate change and New York State utilizes significant amounts of fossil fuel as an energy source, promot- ing energy efficiency in New York State helps to protect New Yorkers from the harmful effects.

Residential energy efficiency programs help decrease local and statewide electricity and heating fuel demand and reduce harmful impacts by reduc- ing emissions and contributions to climate change. In the Town of Baby- lon, which established a home energy efficiency program in 2008, testing showed that participating houses were made, on average, nearly 30% more energy efficient. This reduces by 28% the CO2 that would have been emit- ted without program investments. These results constitute a public purpose of promoting health and welfare of residents.

The provisions of this bill allow towns to include the operation of a home energy efficiency program within their refuse and garbage districts (established pursuant to Town Law article 12 and Town Law article 12-A (section 190)). Consequently, towns may contract for home energy audits, invest in energy conservation or efficiency improvements in homes and arrange with homeowners and contractors to install or implement them.

Furthermore, the American Recovery and Reinvestment Act of 2009 included monies for Energy Efficiency and Conservation Block Grants (EECBG) for which home energy efficiency programs would be eligible. The addition of home energy efficiency programs to the purview of garbage and refuse districts will provide a mechanism through which EECBG monies can be channeled to municipalities employing such programs.

Prior Legislative History: New 2009

Fiscal Implications for State and Local Governments: The costs associ- ated with programs like the Town of Babylon's can be entirely reimbursed through payments made available from homeowners' energy savings, includ- ing administrative costs.

Effective Date: This act shall take effect immediately.