go to PACEnow.org-- call Congress to save PACE programs!...

Hi all...

Miss this one yesterday morning on NPR (WAMC)?...

"Outlook Dims for Popular Energy-Efficiency Loans" by John McChesney
http://www.npr.org/templates/story/story.php?storyId=128700648

Also see:

"Analysis: Energy Lien Is Little Threat to Loan Giants" by Todd Woody [NYTimes July 2nd]
http://green.blogs.nytimes.com/2010/07/02/analysis-energy-lien-is-little-threat-to-loan-giants/?scp=1&sq=property%20assessed%20clean&st=cse

[also see: http://www.newrules.org/energy/news/fannie-mae-and-freddie-mac-wont-allow-pace-liens ]

Thankfully, Hinchey and Hall are co-sponsoring H.R. 5766-- legislation to make sure FHFA (Fannie Mae and Freddie Mac) back off from trying to kill incredibly popular PACE programs all over the U.S...

Now we have to get Murphy, Schumer, Gillibrand, everyone in Congress on board!...

Bedford Town Boardmember David Gabrielson (of http://www.NWEAC.org -- PACE consortium of 14 towns in Westchester-- what Dutchess needs to do through Independent Dutchess Energy Alliance) will be our guest today 5-6 pm on WVKR 91.3 FM http://www.wvkr.org and tomorrow (Sat.) 8-10 am (with zero-waste expert Shabazz Jackson) on our show on WHVW 950 AM-- tune in, pass it along!...

Don't forget-- Poughkeepsie's own David Dell, Chair of Sustainable Hudson Valley, has crunched the numbers and found literally one billion dollars in savings on electric bills possible over the next decade for Dutchess County homeowners and businesses alone if we actually succeeded in getting energy-efficiency retrofits into the hands of all who need them!...(not to mention tons of jobs too)...

So-- check out http://www.PACEnow.org -- call Congress (866) 338-1015-- for H.R. 5766...

[for more info re: who's on board H.R. 5766-- http://www.govtrack.us/congress/bill.xpd?bill=h111-5766 ]

And-- just as important-- email 25 of us at countylegislators@co.dutchess.ny.us-- for Dutchess PACE!...

Thanks much to my colleagues Co. Leg.'s Dan Kuffner, Jim Doxsey, and Barbara Jeter-Jackson for agreeing to co-sponsor resolution from yours truly below on this-- for Dutchess to follow Albany, Nassau, and Tompkins county models for green loan funds...(for resolution 2010228; text is below)...

....but if enough letters don't come in to co. leg.'s, there won't be enough support for this to pass.....

.......so if you'd like to see Dutchess County take a truly meaningful step towards "going green" at next Thursday's Environmental Committee meeting, again-- email countylegislators@co.dutchess.ny.us!...

[pass it on]

Joel
444-0599/876-2488
joeltyner@earthlink.net

p.s. Save the date!...Come out to a very special "Green Energy Solutions" forum/panel I'll be hosting at Clinton Town Hall (1215 Centre Rd 12572) Weds. Sept. 22nd at 7 pm-- with some of the top experts in NYS present-- Ron Kamen (fellow Town of Clinton resident), President of http://www.NYSEIA.org , and Senior Vice President of Business Development & Public Policy for http://www.EarthKindSolar.com ...also David Gabrielson of the Bedford Town Board and the Northern Westchester Energy Action Coalition ( http://www.NWEAC.org )-- and Dick Riseling of http://www.ApplePondFarm.com in Sullivan County (architect of PACE-like SWEEP program to get off ground if we can get FHFA to relent on this!)...AND-- just confirmed-- John Wright of Hudson Valley Clean Energy has also just let us know HVCE will be sending a representative to speak that night as well!...(see hvce.com for more on the great work they do)...

More timely than ever for us to push for PACE-like program locally-- folks like Kamen and Gabrielson have emphasized and re-emphasized to me that Wall Street bond folks are much more interested in helping towns start PACE-like programs like http://www.LIGreenHomes.com (Babylon) if little towns like Clinton first get motivated, then band together in aggregation with other small towns-- like 13 towns have banded together in Westchester with Town of Bedford-- see http://www.NWEAC.org ...

I've also invited Greene County IDA's Sandy Mathes and Dan Somers of Cornerstone Power Development to come talk to us that night as well (Sept. 22nd)-- will see if they can join us too!...recall:

"First Commercial Solar Farm in New York To Be Built in Greene County" [Tuesday's MidHudsonNews]
http://www.midhudsonnews.com/News/2010/July/27/Cnrstn_solfm-27Jul10.html

"Farmland To Produce Crop of Solar Power" [Tuesday's Albany Times-Union]
http://www.timesunion.com/local/article/Farmland-to-produce-crop-of-solar-power-591441.php

p.p.s. Miss this from yesterday's Guardian/UK?...(why every town should have a PACE program!)...

"Two combined land and sea surface temperature records from NASA's Goddard Institute for Space Studies and the U.S. National Climatic Data Center both calculate that the first six months of 2010 were the hottest on record; four of the six months also individually showed record highs."
[from "Global Warming Pushes 2010 Temperatures to Record Highs" by Juliette Jowit
http://www.commondreams.org/headline/2010/07/29 ]

p.p.p.s. Check out http://www.ALANY.org -- for second year in a row now Dutchess County air quality has been rated an "F"-- and over 39,000 Dutchess Co. residents with asthma, bronchitis, or emphysema!...(the point being this-- the more energy-efficiency and solar/geothermal installed locally through PACE (Property Assessed Clean Energy) programs-- the less we all have to rely on polluting sources like the coal-burning power-plant complex at Newburgh's Danskammer/Roseton plant-- or Indian Point-- or hydrofracking and jeopardizing our groundwater-- or drilling for oil too; wake up!...

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[again-- send a letter to all 25 of us at countylegislators@co.dutchess.ny.us to get this passed Thurs.!]

Re: proposal for Dutchess to follow Albany, Nassau, Tompkins county models re: green loan fund...
[...with same three other co-sponsors for this first one as were supporting it in May and June-- Co. Leg.'s Dan Kuffner, Jim Doxsey, and Barbara Jeter-Jackson...]

[see: http://dutchessdemocracy.blogspot.com/2010/03/join-lucy-johnson-of-independent.html ]

[note-- aside from Tompkins County's move towards PACE and new GOP Nassau County Exec on this-- recall-- the Albany County Legislature unanimously passed resolution for countywide PACE in Feb.!...
see: http://www.albanycounty.com/legislature/resolutions/2010/20100208/10-046.pdf ;
http://www.timesunion.com/AspStories/story.asp?storyID=899947&category=region ...and Elizabeth Staubach in the Albany County Executive's office has confirmed with us that Albany County is indeed working towards direction of starting to implement county-wide PACE program as in Babylon!]

WHEREAS, by Chapter 497 of the laws of 2009, the State of New York authorized an amendment of the General Municipal Law by creating Article 5-L to allow municipalities to create Sustainable Energy Loan Programs to promote the deployment of renewable energy systems and energy efficiency improvement measures at residential and commercial properties, and
WHEREAS, the establishment of a Sustainable Energy Loan Program in Dutchess County would serve to assist in achieving statewide energy efficiency and renewable energy goals, reducing greenhouse emissions and mitigating the effect of global climate change and advance a clean energy economy, and
WHEREAS, a Sustainable Energy Loan Program would also bolster the economy of Dutchess County by saving county residents monies which they would otherwise spend on energy costs and by creating jobs for Dutchess County residents, and
WHEREAS, a Dutchess County Sustainable Energy Loan Program may create an opportunity for the County and State to obtain American Recovery and Reinvestment Act of 2009 ("ARRA") and/or other funding to support the program, and therefore be it
RESOLVED, that the Dutchess County Legislature hereby authorizes the Dutchess County Sustainable Energy Loan Program and requests that the Dutchess County Executive undertake all necessary steps to implement the Dutchess County Sustainable Energy Loan Program as authorized by Article 5-L of the General Municipal Law, and, be it further
RESOLVED, that the Clerk of the Dutchess County Legislature is directed to forward certified copies of this resolution to the appropriate County Officials.

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From Bedford Town Boardmember David Gabrielson

Subject: PACE Wars

I wanted to update you again on the growing efforts to overturn the FHFA statement of July 6th that was designed to kill PACE. The outpouring of opposition has been incredible... Please take a look at the attached link that describes the House Bill introduced by Representative Thompson (D-CA) and co-sponsored by Representatives John Hall, Maurice Hinchey, and 40 others, so far:

http://www.govtrack.us/congress/bill.xpd?bill=h111-5766

More good news: Senator Boxer (D-CA) has introduced a bill in the Senate that has been co-sponsored by our own Senator Gillibrand and two others.

http://www.grist.org/article/2010-07-22-senate-pace-bill-adds-to-pressure-to-restoreclean-energy-program/

You can keep up to date with the nationwide effort here:

http://votesolar.org/2010/07/pace-campaign-daily-72210/

which includes a "Take Action" link or here:

http://pacenow.org/blog/

To the extent we can pass local resolutions supporting these national efforts and/or send letters to key members of Congress, that would be great. The bottom-up support lends tremendous weight to Congressional efforts to negotiate a future for PACE with the FHFA... I have attached templates for both.

Please forward this e-mail on to your own networks! PACE is worth fighting for!

Please feel free to call or get back to me...

Best,
David

--
David Gabrielson, Councilman
Town of Bedford, New York
914-584-1733
dg1729@gmail.com
dgabrielson@bedfordny.info

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From http://www.npr.org/templates/story/story.php?storyId=128700648 ...

Outlook Dims For Popular Energy-Efficiency Loans
by JOHN MCCHESNEY
July 29, 2010


Morning Edition

A White House-backed program that allows property owners to pay for energy improvements like solar panels or efficient furnaces through an additional assessment to their property taxes may soon be shut down.

The federal agency that oversees mortgage giants Fannie Mae and Freddie Mac has slammed the door on the program - known as PACE, or Property Assessed Clean Energy - saying it poses a risk to mortgage lenders. That has frustrated PACE supporters, who say the program has helped cut down their energy bills and increased the value of their property.

Making It Easier To Go Solar

On a broad rooftop in Santa Rosa, Calif., workers are installing a large array of solar panels - more than 200 of them. The $300,000 project was financed by Sonoma County, under a PACE program called Sonoma County Energy Independence.

"We will hopefully make enough energy to take care of all of our needs," says Arnie Carston, the owner of ProSource Flooring, where the panels were being installed.

Carston is a proud Republican - and a strong supporter of the county program.

"The main reason I wanted to do this," Carston says, "is so that somebody doesn't have to pump a couple thousand gallons of oil out of the ground to make electricity to run my building."

But the ruling by the Federal Housing Finance Agency - the regulator that oversees Fannie Mae and Freddie Mac - has cast doubt on Sonoma County's 18-month-old program. Similar PACE programs in 22 other states are also at risk.

Carston says he just can't understand why the agency has pulled the rug from under the program.
"It's not doing anything except making America stronger, if we all did this," Carston says. "You know, for the government to come in now and say that you can't do this ... it's a surprise to me that someone hasn't thought this out."

Scrutiny For A Growing Program

Sonoma County has loaned out $30 million for energy improvements to more than 1,000 homes and businesses since the program began a year and a half ago.

Now that Fannie Mae and Freddie Mac have been told by their regulator to steer clear of the program, some contractors, like John Sutter, are being forced to cut back.

"I'd have to lay off about half my workforce of 15 employees right at this time," Sutter says. "Just at the point we're actually gearing up to increase our workforce, I'm laying off."

So what is it about these programs that the FHFA doesn't like? The primary objection is that in the event of a default, the new tax obligation takes priority over the original mortgage.

Program supporters pooh-pooh that objection, saying that the lender would only have to pay off any back property taxes - a small fraction of the total amount.

But that's not true, says acting FHFA Director Edward DeMarco.

"It is not just what is the unpaid accrued amount on the PACE assessment," he says. "It goes to what can be realized as the value from this property in a foreclosure sale."

In other words, what if prospective buyers don't like that additional property tax and demand a lower price? The mortgage lender eats the loss.

That won't happen, PACE supporters argue, because the house will have increased in value.

Debating Value Of Energy Improvements

Terry Kelley sealed and insulated his house in Sebastopol, Calif., using $20,000 of county money.
"We've found that it has made a huge difference in our winter utility bills," he says. "Our gas usage dropped by half."

And that, Kelley says, makes his house more valuable.

PACE supporters argue that these programs work just like other tax assessments, such as the ones for sidewalks, sewers and streets: They serve a community good by using sustainable energy and reducing greenhouse gases.

But that's comparing apples and oranges, says the FHFA's DeMarco.

"Well, I can leave it to your listeners to decide whether an individual homeowner making a decision on their own to do some sort of energy retrofit just to their property is akin to improving the sewers network in an entire neighborhood or community or not," DeMarco says.

DeMarco says his agency is talking with members of Congress who have introduced legislation to save the program. Meanwhile, California Attorney General Jerry Brown has sued FHFA over the issue, and Sonoma County has elected to continue its program, using other lenders.

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July 2, 2010, 12:11 PM
Analysis: Energy Lien Is Little Threat to Loan Giants
By TODD WOODY

http://green.blogs.nytimes.com/2010/07/02/analysis-energy-lien-is-little-threat-to-loan-giants/?scp=1&sq=property%20assessed%20clean&st=cse
In an article in The Times on Thursday, I explained how Fannie Mae and Freddie Mac, the government-chartered mortgage giants, have derailed an innovate financing program that lets homeowners pay for expensive solar panels and energy efficiency upgrades over time through an annual surcharge on their property tax bills.

The program is called Property Assessed Clean Energy, or PACE, and it has been authorized by 22 states since 2008. The energy improvement assessments are secured by a lien on the home, but the agencies, which hold more than half of mortgages in the United States, recently sent letters to lenders warning them that such liens could not take priority over a mortgage. Fannie and Freddie worry that if a homeowner defaults, taxpayers will be left in the lurch, as property taxes generally are paid before mortgages are.

Putting aside whether such liens are any different from the property tax assessments commonly used to finance municipal improvements, how big a potential liability would Fannie and Freddie face?

Not very big, according to an analysis by the California attorney general's office.
In a June 22 letter to the Federal Housing Finance Agency, which oversees Fannie and Freddie, Ken Alex, a senior assistant attorney general, cited the example of a homeowner who obtains $15,000 in financing from a PACE program to pay for a solar array and energy efficiency upgrades.

With a 7 percent interest rate and a 20-year payback term, the annual assessment on the homeowner's property tax bill would be about $1,500.

"At the time of foreclosure for failing to pay the mortgage, it is likely that at most, one PACE assessment of $1,500 would have achieved priority lien status," Mr. Alex wrote.

"This exercise suggests that with a portfolio of Fannie/Freddie mortgages that have PACE liens, assuming a high foreclosure rate of 10 percent, PACE seniority would average $150 per home," he added. "Using a more reasonable foreclosure rate of 5 percent, average PACE seniority per home would be a mere $75."

That scenario applies to California, where under state law a new owner would assume responsibility to pay ongoing tax assessments.

As I wrote in the article, some lenders have responded to the Fannie and Freddie letters by requiring homeowners to pay off the entire assessment before they issue a new loan or refinance a mortgage.

The uncertainty created by the Fannie and Freddie letters has prompted local governments to suspend most PACE programs until the agencies clarify whether an energy lien violates a mortgage.

7:02 p.m. | Updated

On Friday, Representative Henry A. Waxman, chairman of the House Committee on Energy and Commerce, and Representative Barney Frank, chairman of the House Committee on Financial Services, sent a letter to top Obama administration officials urging them to act quickly on the issue.

"It is our hope that your offices can quickly identify, agree on and publish guidelines that would allow PACE financing programs to continue while ensuring that both taxpayer and private mortgage investments are protected," they wrote in a letter to Treasury Secretary Timothy F. Geithner, Energy Secretary Steven Chu and Edward DeMarco, the acting director of the Federal Housing Finance Agency.

"In the meantime, we ask that homeowners participating in the pioneering PACE programs already in operation be immediately assured that they are not in violation of their loans."

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From http://www.newrules.org/energy/news/fannie-mae-and-freddie-mac-wont-allow-pace-liens ...

Fannie Mae and Freddie Mac Won't Allow PACE liens
By John Farrell on July 2, 2010

Fannie Mae and Freddie Mac have told federal regulators and plan to release additional guidance indicating that the senior lien status of PACE liens is not acceptable. This declaration comes despite recent articles highlighting the minimal impact of PACE liens on the lenders' balance sheets, White House and DOE support for the program, and the 23 states who have enabled Property Assessed Clean Energy Financing (see image).

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From http://www.govtrack.us/congress/bill.xpd?bill=h111-5766 ...

Federal Action Grassroots Toolkit
We need your help now to ask Congress to take immediate action by passing "The PACE Assessment Protection Act of 2010" (H.R. 5766) so that our nation can use this innovative local government tool to unlock investment in clean energy and create jobs. There are three main activities that you can engage in to help out.
-Contact your Member of Congress and Senators today - and urge them to pass legislation immediately to save PACE (see letter template in item E. below)
-Contact your local newspaper (see PACE Media Memo in H. below for guidance)
-Pass a resolution in your city or county supporting PACE (see Sample Municipal Resolution for guidance in I. below)
In this PACE Grassroots Action Toolkit, we have provided materials to assist you in your effort to communicate to Congress. Our work is urgent: Congress will only be in session for 8 more weeks in 2010. The focus of our effort is the Senate Banking Committee and House Financial Services Committee. But all members of Congress need to hear from us.
A. Guide to Action - Local and State Governments
B. Guide to Action - Businesses
C. Guide to Action - Individuals
D. PACE Summary for Legislators (7-12-10)
E. Congressional Letter Template (7-19-10)
F. Response to FHFA/OCC July 6th letters (7-12-10)
G. Congressional Outreach Contact Info (7-14-10)
H. PACE Media Memo (7-14-10)
I. Sample Municipal Resolution and Staff Report (7-19-10)
J. PACE Presentation to Senate Banking Committee (7-22-10)
Please send all copies of all congressional letters to congress@pacenow.org
A PACE bond is a bond where the proceeds are lent to commercial and residential property owners to finance energy retrofits (efficiency measures and small renewable energy systems) and who then repay their loans over 20 years via an annual assessment on their property tax bill. PACE bonds can be issued by municipal financing districts or finance companies and the proceeds can be typically used to retrofit both commercial and residential properties.
The PACE bond market has the potential to dramatically accelerate the energy retrofitting of America's building stock due to the below advantages.
PACE Impact: Property tax lien oriented financing that dramatically improves the economics of energy retrofits (efficiency measures and micro renewable energy)
To see who supports PACE please see our PACE Legislation Endorser List.
See Other Letters to FHFA and Congress
PACE Basics
What is PACE?:
Below are a list of resources that can help you better under stand what Property Assessed Clean Energy (PACE) is, and how the PACE financing model works.
A. Slide Introduction to PACE - Senate Banking Committee Presentation (7-22-10)
B. 2009 Milken Institute PACE Finance Panel (Audio) (4-29-09)
C. Details of PACE Programs
D. PACE Market Sizing (Commercial) - Johnson Controls Estimate
E. PACE Explained in Simple Terms
Advantages of PACE Financing:
Our Nation:
* Significant job creation
* Accelerates movement toward energy independence & reduces GHG emissions
* Very low fiscal cost & high probability of success
Property Owner:
* Lower energy bills and substantially reduced upfront costs for energy retrofits
* Improved return on investment/positive cash flow on retrofits (annual savings > cost)
States, Cities & Municipalities:
* Immediate job creation
* No credit or general obligation risk
* Obligation is liability of real estate owner
* Greenhouse gas reductions/energy independence
* Opt in: Only those real estate owners who opt in pay for it
Existing Mortgage Lenders:
* Borrowers cash flow/credit profile improves (energy savings > annual tax cost)
* Property/collateral value increases
Lender:
* Virtually no risk of loss as property tax liens are senior to mortgage debt
* 97% of property taxes are current & losses are less than 1%
Brief History of PACE:
The ability for our nation to finance energy retrofits with PACE bonds emerged in 2008 with the passage of enabling legislation in California. In recognition of the large benefits of PACE finance, the following states have recently passed enabling legislation: CA, CO, FL, GA, IL, LA, ME, MD, MN, MO, NV, NH, NM, NY, NC, OH, OK, OR, TX, VT, VA, WI, and legislation is pending in Arizona. Florida and Hawaii have existing ability to launch PACE programs. The first PACE bond was issued by Berkeley, CA in January, 2009.
PACE Legislation Endorser List
How To Establish PACE In Your State
PACE State Legislation Battle Toolkit:
A. PACE Constitutionality White Paper: Paul Hastings Report (5-28-10)
B. PACE Summary Description for Legislators
C. PACE Webinar on State Strategies for Passing Legislation
D. PACE Concerns & White House Solutions
E. PACE Programs: Historical Precedent, Seniority and Benefits to Existing Lenders
F. PACE Lien Seniority in Foreclosure is Immaterial
G. Template for PACE Letter to State Legislator
H. PACE Letter Template to Legislator Which Addresses Lender/Consumer Concerns
I. Template for State Legislation Coalition Petition
J. The 10 Must Haves for PACE State Enabling Legislation
K. Barclays Capital Memo - PACE Seniority is Mandatory
L. PACE White Paper, May 2010

Municipal Administration of PACE Program:

A. Simple Steps: How to Implement a PACE Program
B. PACE Local Government Guide (9-2009)

PACE Programs By State:

A. Current Clean Energy Municipal Financing Bills - State by State
· DDatabase of State Incentives for Renewables & Efficiency
· PACE Legislation Table (2-10-10)

Passed:
B. California: PACE State Enabling Legislation (AB 811); (AB 474); (SB 279)
· City of Berkeley PACE Program
· City of San Francisco "GreenFinanceSF" (4-8-10);: "GreenFinanceSF Project List" (2-25-10)
· City of Yucaipa's Energy Independence Program
· Palm Desert PACE Program
· San Diego County PACE Program
· Sonoma County PACE Program
· Western Riverside County - Energy Efficiency and Water Conservation Program
C. Colorado: PACE State Enabling Legislation (HB 08-1350)
· Boulder County PACE Program
D. Illinois: PACE State Enabling Legislation (SB 583)
E. Louisiana: PACE State Enabling Legislation (SB 224)
F. Maryland: PACE State Enabling Legislation (HB 1567)
· Annapolis PACE Program
· Montgomery County PACE Program
G. Michigan: (HB5640)
H. Missouri: PACE State Enabling Legislation (SHB 1692)
I. Nevada: PACE State Enabling Legislation (SB 358)
J. New Hampshire: PACE State Enabling Legislation (HB 1554)
K. New Mexico: PACE State Enabling Legislation (HB 572)
L. New York: PACE State Enabling Legislation
· NYS PACE LAW (S66004)
· Town of Babylon: Long Island Green Homes
· Bedford, NY: PACE State Legislative Exemption Specific to Town of Bedford
· City of Binghamton PACE Program (5867-A); (A08890)
M. North Carolina (Note: Law needs to be amended as it requires revolving loan) (HB 1389)
N. Ohio: (HB 1)
O. Oklahoma: (SB 668)
P. Oregon: PACE State Enabling Legislation (HB 2181); (HB 2626)
Q. Texas: PACE State Enabling Legislation (HB 1391); (HB 1937)
R. Vermont: PACE State Enabling Legislation (H 446)
S. Virginia: PACE State Enabling Legislation (SB 1212)
T. Wisconsin: AB 255
In Process:
U. Arizona: PACE State Enabling Legislation (HB 2335)
V. Connecticut: (Raised Bill 5465 - Section 5)
W. Florida: Proposed PACE State Enabling Legislation (Precourt/Hasner Press Release)
X. a href="http://assembly.state.ny.us/leg/?bn=A07611&sh=t" target="blank"> New York: (A 7611); (A 2672)

Other Resources

PACE In the News:

A. NY State to Receive Largest DOE Grant to Accelerate PACE
B. Harvard Business Review - Energy Alternatives: A Market Solution for Achieving "Green" by Jack Hidary (Jan/Feb 2010)
C. Scientific American - World Changing Ideas: 20 Ways to Build a Cleaner, Healthier, Smarter World (11/03/09)
D. New York State Passes PACE Finance Enabling Legislation (11-17-09)
E. Vice President Biden/Secretary Chu/Secretary Donovan's PACE Announcement at "Recovery Through Retrofit" Conference (10-19-09)
· YouTube Link to Announcement Highlights
· C-SPAN Link to Full Announcement
F. "Recovery Through Retrofit" Report (Released 10-19-09)
· Policy Framework for PACE Programs (10-18-09)
· White House DOE Grants
G. Senator PACE Letter to President Obama (11-10-09)
H. President Clinton's Clinton Global Initiative Announcement
· YouTube Link to CGI Announcement
I. Governor Schwarzenegger's Announcement (9-24-09)
J. Mayor Jerry Sanders (R), San Diego (9-24-09)
K. Board of Boulder County Commissioners (9-24-09)
L. PACENow Executive Director Job Description
M. America's First Major PACE Commercial Project: Santa Rosa Plaza Mall Installs "Cool Roof"
N. Congressman Israel PACE Op-Ed (10-19-09)

PACE and Existing Mortgage Lender: Legal Analyses:

A. PACE Programs: Historical Precedent, Seniority and Benefits to Existing Lenders
B. PACE Bloomberg Law Article (Jan 2010)
C. Jones Hall Memo: Consent Legal Analysis (5-14-09)
D. Commercial Mortgages: Legal Consent Issues & Solutions (5-2009)

Potential Federal Government/DOE Scaling of Nationwide PACE Program:

A. EPA Finance Advisory Board Recommends PACE Programs/Presidential Task Force (6-15-09)
B. PACE Distribution Model
C. Sample DOE PACE Guarantee "Reservation" Form
D. Two Different Bond Financing Routes
E. PACE Bond Tax-exemption Cost/Benefit Analysis

Property Tax Credit History - California and Washington:

A. 2006-2007 (CA)
B. 2007-2008 (CA)
C. 2008 Property Tax Statistics (WA)

Articles/Studies on the Value of Retrofits:

A. Appraisal Journal. Evidence of Rational Market Valuations for Home Energy Efficiency (1998)
B. Assessing the Market Impacts of Third Party Certification on Residential Properties (5-29-09)
C. Doing Well by Doing Good? Green Office Buildings (8-12-09)


Additional Articles/Links:

A. University of California, Berkeley PACE Website
B. Article on San Diego, Palm Desert, etc (1-26-09)
C. Environment Magazine PACE Finance Article (Jan/Feb 2009)
D. Homeowner Presentation
E. Historical State by State Analysis of Housing Units By Structure
F. Commercial/residential Real Estate Default History

DCRRA late with plan-- and should be for zero-waste!...

Hi all...


You're all cordially invited to a press conference we're holding in just a bit (at 12:30 pm) in front of our County Office Building at 22 Market St. in Poughkeepsie-- for no further delay on a cost-saving, green-jobs, zero-waste approach to resource recovery in Dutchess...


Note-- thx to Co. Leg.'s Sandy Goldberg, Jim Doxsey, and Barbara Jeter-Jackson for recently agreeing to co-sponsor resolution drafted by yours truly for this to happen; scroll down a bit below to see actual text of this resolution; send letter to all 25 of us at countylegislators@co.dutchess.ny.us to get it passed...
[our Co. Leg. Environmental Committee is meeting next Thurs.; without enough support I will pull resol. #2010229]


You may recall that back on May 7th the Poughkeepsie Journal reported that, "if Dutchess County does not submit a new solid waste management plan to the New York State Department of Environmental Conservation by Aug. 1, the Dutchess County Resource Recovery Agency might lose its operating permit next year"...


Well-- today's July 30th, Sunday is Aug. 1st, and yesterday DCRRA Ex. Dir. Bill Calogero confirmed with us that the DCRRA would be late submitting to the DEC its Solid Waste Management Plan-- he told me the DCRRA would be sharing a draft version of the plan by Aug. 13th with our County Legislature, also telling me that "if the Legislature wants to hold a public hearing on the plan they can do that"(!)...

Note- the DCRRA is not anywhere near doing due diligence to get public input on that plan-- DCRRA itself should be holding multiple public hearings on the plan-- not leaving it up to Co. Leg. to decide if there will be public hearings!...


Reminds me of July 15th DCRRA board mtg. I attended-- I sat quietly for literally hours listening, watching de-facto consensus of entire RRA board focused on nothing but filling gaping maw of wasteful incinerator...(and when mtg. was opened for public comment I was cut off after a sentence and a half)...


So again-- mark this one on your calendars-- Thurs. Aug. 19th 5 pm is the next DCRRA mtg. (96 Sand Dock Rd. in Poughkeepsie 12601-- just off Kandr Rd. next to IBM plant)-- we need dozens of you to come out for a press conference/rally at 4:30 pm right in front of the DCRRA HQ there before their monthly board meeting begins-- and then go in and participate-- during public comment portion of the DCRRA mtg.!...


Also-- I just learned this today-- Clearwater, NYPIRG, Sierra Club, Environmental Advocates of New York, Citizens Environmental Coalition (and many other organizations listed below) signed on earlier this year to an ambitious (but spot-on) New Yorkers for Zero Waste Platform 2010 statement; see--
http://www.cectoxic.org/ZeroWastePlatform2010.html (get YOUR group on board this coalition!)...


And-- anyone else hear this last Friday on WAMC?...

Fact: The city of Springfield, Mass. has saved $75,000 in just the first half of this year alone by expanding recycling to one-third of the city; it expects to save $450,000 a year through greatly expanded recycling.
["Springfield Municipal Recycling Initiative To Expand" WAMC's Paul Tuthill July 23rd]
http://www.facebook.com/l/5e086TnJIxHhsEjo9ZH7biGHeXA;www.publicbroadcasting.net/wamc/news.newsmain/article/0/0/1679516/news/Municipal.Recycling.Initative.To.Expand ]

Pass it on!...

Joel
444-0599/876-2488
joeltyner@earthlink.net


[also-- re: zero-waste-- join 76 other Dutchess folks signed on: http://www.petitiononline.com/zeroyes !]


[note-- tune in tomorrow 8-10 am to our show on WHVW 950 AM-- local zero-waste expert Shabazz Jackson will be talking about his getting Poughkeepsie Town Board to overwhelmingly pass resolution July 7th towards new food-waste-composting operation for local businesses-- we need this all over!...(recall: mounds of organic material now being dumped @ Rhinebeck municipal property perfect for mixing with food waste to make compost)]


[see: http://dutchessdemocracy.blogspot.com/2010/04/10-million-wasted-annually-in-dutchess.html
http://dutchessdemocracy.blogspot.com/2010/03/zero-waste-update-facts-here-on.html
http://ccgovernment.carr.org/ccg/pubworks/sw-future/docs/resource-assessment.pdf
http://www.no-burn.org/why-incineration-is-a-very-bad-idea-in-the-twenty-first-century
http://dutchessdemocracy.blogspot.com/2010/04/10-million-wasted-annually-in-dutchess.html
http://www.poughkeepsiejournal.com/article/20100307/NEWS01/3070350/Burn-plants-seem-cleaner-but-facts-debated
http://dutchessdemocracy.blogspot.com/2010/04/todays-times-two-letters-for-zero-waste.html
http://www.cool2012.com/community/collection/
http://www.boston.com/news/local/articles/2010/04/01/hamilton_wenham_blaze_green_trail_with_municipal_composting_program/
http://dutchessdemocracy.blogspot.com/2010/04/paul-connett-vassar-for-earth-day-dont.html
http://dutchessdemocracy.blogspot.com/2010/04/new-zero-hero-initiative-for-kids-of.html
http://www.poughkeepsiejournal.com/article/20100512/NEWS01/5120330
http://www.poughkeepsiejournal.com/article/20100307/NEWS01/3070352/Critics-rip-agency-as-recycling-falters
http://www.poughkeepsiejournal.com/article/20090510/NEWS01/905100344/Dutchess-County-Resource-Recovery-Agency-Inefficient-expensive-in-debt
http://www.dailyfreeman.com/articles/2010/04/28/news/doc4bd7bcd192621739013476.txt
http://www.poughkeepsiejournal.com/article/20100307/NEWS01/3070352/Critics-rip-agency-as-recycling-falters
http://www.StopTrashingtheClimate.org ]


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From http://www.cectoxic.org/ZeroWastePlatform2010.html ...

New Yorkers for Zero Waste Platform 2010

The N.Y.S. Department of Environmental Conservation (DEC) has prepared a new State Solid Waste Plan that finally recognizes that materials in our waste stream are valuable and need to be preserved. We strongly endorse its preference for waste reduction, reuse, recycling and composting over disposal. The less waste we dispose of the more environmental, economic and social benefits that we will enjoy.
Unfortunately millions of tons of garbage are still being wasted by being sent for disposal in landfills or incinerators. The DEC estimates New York's recycling rate to be only 20%, far short of the 50% reduction and recycling goal to be met by 1997 under the State Solid Waste Management Act of 1988. A large portion of waste headed for disposal is recyclable (50%) or compostable (30%) material that could be processed by other means into new products.
To achieve the Plan goals we must stop trashing our resources through disposal!
* Incinerators emit toxic air emissions and produce toxic incinerator ash that needs landfilling. They also emit more CO2 than coal burning plants per MWh. Incinerators must have burnable materials and therefore compete with recycling.
* Recycling saves 4-5 times the energy an incinerator recovers.1 Incineration is not renewable energy.

To address climate change we must address waste in our society!
* For every trash bag we put at the curb, 70 bags of trash were generated by industry to make the products we buy. The production of products and packaging is associated with 44% of all greenhouse gas emissions.2
* Biodegradable materials in landfills emit methane, a gas that has 72 times the global warming potential of CO2, over 20 years.3 Landfill gas collection systems capture only about 20% of landfill gas.4
* The best strategy is to divert biodegradable organic material away from landfills and incinerators to composting. Compost provides nutrients for healthy soils and plants.
Burning and burying garbage wastes money, energy, and natural resources; it contributes to climate change and places an unfair pollution and health burden on nearby communities. Diversion saves energy and resources, and creates many more jobs in collection, processing, reuse of goods and remanufacturing of materials.
Maximizing waste reduction and diversion will dramatically decrease waste sent for disposal over time by 70%, 80%, 90% and more, enabling New York to achieve the significant benefits of a more sustainable system.
The ultimate goal should be Zero Waste being sent to Disposal or very close to it.
We call on the Governor, the NYS DEC and State Legislators to support a new sustainable direction for reducing waste, recovering resources and growing jobs as well as obtaining other benefits for New Yorkers by doing the following:
* Establish a moratorium on all new waste incinerators or combustors and expansions. This would include newer thermal technologies that are as yet unproven commercially in the US such as gasification, pyrolysis and plasma arc.
* Ban waste haulers and municipalities from sending recyclable materials for disposal, and instead require recyclables to be source separated and transported to recycling processing facilities.
* Halt all increases in capacity at the state's largest landfills.
* Require all local solid waste planning units and haulers sending garbage for disposal to demonstrate the presence of adequate programs of waste reduction, recycling and composting in the service area.
* Rapidly implement organics collection programs and develop the needed composting and anaerobic digestion infrastructure. Ban yard trimmings from disposal now and enforce. Establish a statewide ban on the disposal of food scraps by 2013.
* Require all communities to adopt incentive/disincentive programs, such as Pay-As-You-Throw, which are proven to increase diversion rates.
* Adopt Extended Producer Responsibility (EPR) legislation (also known as product stewardship) to engage manufacturers and importers in the design of products and packaging to reduce waste and toxicity and remove the burden from government and taxpayers. Producers of products and packaging must be part of the solution. 10-15% of the waste stream should be reduced through EPR measures.
* Regulate solid waste generated by all sectors - residential, commercial, institutional and industrial. Bring waste haulers and transporters under the jurisdiction of the DEC through licensing, requiring reporting of all waste and recyclable collections and disposal, and providing for oversight and compliance.
* Require local solid waste planning units to prepare plans that increase waste reduction and diversion and decrease disposal. State and local plans must decrease disposal by 50% by 2015, and 85% by 2020 for all waste streams . The implementation plans must be enforceable by DEC.
* Ensure accurate measurements of diversion and waste quantities in order to measure progress toward goals. Plan to reassess goals and progress and adjust programs under a revised 2020 statewide plan.
* Ensure that Zero Waste Programs and their greenhouse gas benefits become a substantial part of the new state Climate Action Plan and its implementation.
* Establish a secure funding stream to fund more sustainable solid waste programs over the long term and achieve job benefits and needed greenhouse gas emission reductions. Licensing fees, facility permit fees and surcharges on disposal should all be used to provide dedicated funding. A surcharge of at least $20 per ton of MSW generated could provide $5 per ton to the state for solid waste activities and $15 to local planning units to support needed recycling and composting facilities as well as educational programs.

To support this platform or for more information, contact: Barbara Warren, NY Zero Waste Alliance, project of Citizens Environmental Coalition, warrenba@msn.com or 845-754-7951/ 518-462-5527.

Organizational Supporters
Listed Below


New York Statewide Organizations

Atlantic States Legal Foundation
Citizens' Environmental Coalition
Clean New York
Clearwater
Environmental Advocates of New York
New York Public Interest Research Group
Sierra Club Atlantic Chapter

Local and Regional Organizations

Capital District Branch of the New York Apollo Alliance
Concerned Citizens of Seneca County, Inc.
Concerned Citizens of Cattauragus County
Finger Lakes Citizen's for the Environment
Finger Lakes Zero Waste Coalition, Inc.
Freshwater Future
Greenwich Citizens Committee, Inc.
Jamesville Positive Action Committee
NYC Apollo Alliance
People's Environmental Network of NY
Residents For the Preservation of Lowman and Chemung (RFPLC, Inc)
Save the Pine Bush
Selkirk, Coeymans, Ravena Against Pollution (SCRAP)
Sure We Can
Sustainable South Bronx
The Solidarity Committee of the Capital District
Village Independent Democrats

National
American Environmental Health Studies Project
Center for Health, Environment & Justice
Institute for Local Self-Reliance
____________________________________________________________
1 EPA's WARM Model.
2 A recent EPA report found that non-food products are associated with 37 percent of U.S. greenhouse gas emissions. Joshuah Stolaroff, PhD worked on the EPA report and subsequently extended the analysis to include products produced abroad and consumed in the US. This white paper states total GHG emissions of products and packaging is 44%. Both reports can be accessed at www.productpolicy.org
3 IPCC, 4th Assessment Report.
4 Ibid., Working Group III, Mitigation, 10.4.2.


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[again-- send letter to all 25 of us at countylegislators@co.dutchess.ny to get this passed next Thurs.!]


WHEREAS, Dutchess County now incinerates or sends to landfills $15 million worth of materials and resources that could be recycled, including plant debris, food waste, paper, wood, ceramics, soils, metals, glass, polymers, textiles, chemicals, and various items for reuse, according to Richard Anthony Associates, and 500 new jobs could be created right here in Dutchess County if those materials were recycled instead of burned or buried, according to the Institute for Local Self-Reliance, and

WHEREAS, the cost of disposing of the Dutchess County Incinerator's 50,000 tons of toxic ash annually has doubled in recent years to three million dollars a year, according to Dutchess County Resource Recovery Agency Board Chair William Conners, and

WHEREAS, the Poughkeepsie Journal reported May 7th that "if Dutchess County does not submit a new solid waste management plan to the New York State Department of Environmental Conservation by Aug. 1, the Dutchess County Resource Recovery Agency might lose its operating permit next year," and

WHEREAS, the Poughkeepsie Journal reported May 10th last year that the Dutchess County incinerator "costs 46 percent more to operate than 13 other plants in New York and Connecticut and has debts stretching years beyond all of them," and

WHEREAS, although the Dutchess County Incinerator produces power from burning trash, the income does not come close to covering costs, and neither do the tipping fees that are among the highest in the region; in recent years, Dutchess County taxpayers have seen the county's subsidy to the Resource Recovery Agency go from $2 million to $6.3 million, with more increases expected, and

WHEREAS, the Poughkeepsie Journal reported March 7th that emissions from our county incinerator of particulate matter, volatile organic compounds, and nitrogen oxide have all increased over the last decade-- along with the fact that, on an annual basis, our county incinerator also creates 50,000 tons of toxic ash-- and spews 29 pounds of heavy metals (mercury/arsenic/lead/cadmium), 37 tons of sulfur dioxide, 22 tons of hydrogen chloride/hydrogen fluoride, and 3700 tons of carbon dioxide

WHEREAS, the Poughkeepsie Journal reported March 7th that "the Dutchess County Resource Recovery Agency recycles only 4 percent of Dutchess' 250,000 tons of garbage; little is done to encourage recycling in the county; when waste recycled by private haulers is included, the county recycling rate is only 11 percent, about half the state rate, agency figures show; an estimated 30,000 tons of paper alone go to the trash heap yearly," and

WHEREAS, the Daily Freeman reported April 28th that "Ulster County residents recycled more than 64,000 tons of materials in 2009, nearly doubling the amount diverted from the waste stream in 2005; the increase in recycling, combined with a dropoff in the amount of nonrecyclable garbage produced in the past two years, has pushed the county closer to the state goal of recycling 42 percent of the waste stream," and

WHEREAS, communities across the country like Austin, Portland, Seattle, Oakland, and many more have proven that a zero-waste approach to resource recovery can save tax dollars, create more jobs, clean up air quality, with lower carbon emissions, compared to incineration or landfilling, and

WHEREAS, the United States has lost half the carbon in its soils and half of what is buried in landfills is organics (yard trimmings, food scraps and food soiled paper); landfills are the single largest source of human-created methane gas and contribute significantly to climate change; we need to get organics out of landfills and back to the soil, and

WHEREAS, Royal Carting is starting a food-waste curbside collection demonstration project with 177 homes in Beacon; the towns of Hamilton and Wenham in Massachusetts started curbside collection of food waste this year and are saving tax dollars; here in Dutchess County Vassar and Marist colleges compost their food waste, along with many restaurants in Tompkins County, and the communities of Portland, Seattle, Boulder, Cambridge, Wegman's Supermarket and Wal-Mart in Onondaga County, NY, Central Vermont Solid Waste Management District, San Francisco, CA, Morgan Hill, CA, Dublin, CA, Alameda County, CA, Pleasanton, CA, Hutchinson, MN, Hennepin County, MN, San Leandro, CA, Union City, CA, Swift County, MN, King County, WA, Bowdoinham, ME, San Jose, CA, Newark, CA, Orange County, NC, Berkeley, CA, Western Lake Superior Sanitary District, MN, Livermore, CA, Mackinaw Island, MI, and

WHEREAS, it has repeatedly been proven across the country in these communities that food-waste curbside collection is a win-win for homeowners, businesses, and waste haulers; all end up saving money as tipping fees at compost facilities are lower than tipping fees at incinerators or landfills, and if food waste is collected regularly, trash doesn't have to be collected so often, and therefore be it

RESOLVED, that the Dutchess County Legislature urges the Dutchess County Solid Waste Commissioner and the Dutchess County Resource Recovery Agency to work together to incorporate the following in its Solid Waste Management Plan for Dutchess County submitted to the NYSDEC: to set a recycling goal for Dutchess County of 70% by 2015 and 90% by 2020, and to work with the Dutchess County Association of Supervisors and Mayors, Dutchess County Economic Development Corporation, and Dutchess County Industrial Development Agency to site an eco-industrial resource recovery park and food-waste composting facilities to process source-separated organic materials, and to ensure recycling containers are placed wherever there are trash containers, and be it further

RESOLVED, that the Dutchess County Legislature requests that licensed waste haulers in Dutchess County collect food waste with lower rates for clean, source-separated materials, and reuse, recycle or compost at least 50% of all materials and bulky items collected by them in Dutchess County, and be it further

RESOLVED, that the Dutchess County Legislature urges the Dutchess County Solid Waste Commissioner and the Dutchess County Resource Recovery Agency to phase out as quickly as possible incineration or landfilling of easily recyclable materials; no compostable organics should be burned at the Dutchess County Incinerator or sent to landfills, and be it further

RESOLVED, that the Dutchess County Legislature urges the Dutchess County Solid Waste Commissioner and the Dutchess County Resource Recovery Agency to work together to make sure that all Dutchess County all residents, businesses and institutions source-separate reusables, recyclables and compostables (including discarded food, and food contaminated paper), and be it further

RESOLVED, that the Dutchess County Legislature urges the Dutchess County Director of Central Services to purchase only products with reusability, recyclability and compostability, and requests thatthe Dutchess County Department of Public Works specify in all of its contracts for major construction (e.g., roads, parks, public buildings) the use of reused, recycled and compost products; all packaging for products sold in stores in Dutchess County should be reusable, recyclable, or compostable by 2020, and be if further

RESOLVED, that a copy of this resolution be sent to the Dutchess County Executive, Dutchess County Solid Waste Commissioner, Dutchess County Resource Recovery Agency, Dutchess County Director of Central Services, Dutchess County Department of Public Works, and all other county departments.

why is WAMC giving credibility to Gary Wormser?...(see "Under Our Skin"?)...

Hi all...

Anyone else out there hear the Midday Magazine report on WAMC at lunch time today interviewing the notorious Gary Wormser as some sort of "expert" on tick-borne diseases like babesiosis and Lyme?...

I am literally speechless...

[...as is anyone who saw the incredible documentary "Under Our Skin" exposing Wormser and IDSA...]

Well, I did something about it-- earlier today I sent the letter below to Alan Chartock, Greg Fry, Katie Britton, and everyone at WAMC; if you agree, email alan@wamc.org, gfry@wamc.org, news@wamc.org, mail@wamc.org too!....and call these WAMC numbers too:

Main Office: (800)323-WAMC (9262)
Vox Pop Call In: 800-34-TALK-1 (348-2551)
Listener Comment Line: (800) 695-9170
Fax: (518) 432-6974
Newsroom Fax: (518) 432-0991
News Department Managing Editor Katie Britton:
1-800-323-9262 x111
(518) 465-5233 x111

.............................................if you care, that is........

...................................................(if you saw "Under Our Skin", that is, and know Wormser's a sick joke)....

Wake up, folks!...

Joel
444-0599/876-2488
joeltyner@earthlink.net

[again-- I'm not alone on this folks-- join 344 signed on to my http://www.PetitionOnline.com/StopLyme !]

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[email here below I sent earlier today to Alan, Greg, Katie, all @ WAMC; compose your own, make yours polite]

To: alan@wamc.org, gfry@wamc.org, news@wamc.org, mail@wamc.org


Subject: Alan/Greg/Katie/WAMC-- please don't help Wormser's cover up re: tick-borne diseases...


Hi Alan, Greg, Katie, all at WAMC...

Earlier today on Midday Magazine I heard the following piece:

"Doctor, Researchers Agree on Spread of Tick-Borne Disease"
http://www.publicbroadcasting.net/wamc/news.newsmain/article/0/0/1680432/WAMC.New.York.News/Doctor..researchers.agree.on.spread.of.tick-borne.disease

Of course, we all must be increasingly mindful and careful when it comes to tick-borne diseases; there truly is an epidemic of tick-borne disease out there in Hudson Valley region-- entire area covered by WAMC Northeast Public Radio (all the more reason for this issue to be truly covered fully and fairly)...

[Alan-- I know even you've come down with babesiosis-- hopefully you agree: whole truth should out!]

My only concern is this-- that Dr. Gary Wormser was profiled in the report today as some sort of expert to be respected on the issue of tick diseases, when, as anyone knows who has seen the widely viewed "Under Our Skin" documentary, according to the Center for Science in the Public Interest, Dr. Gary Wormser, lead author of the Infectious Diseases Society of America guidelines, is actually, perhaps more than anyone in the U.S., singlehandedly responsible for those suffering from tick diseases like babesiosis and Lyme disease to be denied insurance coverage for needed antibiotics treatment from their HMO's (recall: "Under Our Skin" documented massive conflicts of interest involved w/Wormser)...

Fact: Wormser has led the IDSA for years to the erroneous conclusion that tick diseases like babesiosis and Lyme can be treated with just a few weeks of antibiotics (exactly HMO's want to hear; not for patients; note as well-- babesiosis is covered in "Under Our Skin" as well).

[please go out and see "Under Our Skin" at a local screening asap; see http://www.UnderOurSkin.com ;
the WAMC post actually also has links to CDC info re: babesiosis and Wormser's press release as well:
http://www.cdc.gov/babesiosis/ (the CDC has been part of cover-up re: needed antibiotics/tick disease);
http://www.worldclassmedicine.com/body.cfm?id=1234&action=detail&ref=419 ]

Recall Under Our Skin blogpost on this April 30th-- "Medical Panel Keeps Lyme Guidelines 'As Is'":
http://underourskin.com/blog/?m=201004 -- points out exactly what Dr. Gary Wormser is all about...

In the future, please consider interviewing these two local Lyme-literate doctors on this issue:

-- Dr. Richard Horowitz of Hyde Park-- of ILADS (International Lyme and Associated Diseases Society)
http://www.ilads.org/about_ILADS/officers_directors.html

-- Dr. Steven Bock of the Rhinebeck Health Center ( http://www.RhinebeckHealth.com ).

Fact: "Lyme disease patients' lack of insurance coverage leads to limited courses of antibiotics, often not effective in eradicating the Lyme bacterium, which has the ability to hide inside cells, kill human lymphocytes and certain B cells, and to change into other forms."
[see: http://www.LymeDiseaseAssociation.org/Testimony20091202.pdf ]

Also, yes, it's also true that you could have even interviewed yours truly on this subject; last July I got a resolution passed 22-3 on this issue in the Dutchess County Legislature-- for NYS to follow the good example of Rhode Island on this and enact legislation to make sure that health insurance coverage includes full coverage for tick-borne diseases like Lyme and babesiosis (beyond just a few weeks of antibiotics; the Northern Dutchess News ran a front-page article on my resolution passing 22-3 last July)-- and yes, even just this past May (a few months ago), I actually also got five Republicans in our County Legislature to sign on to a similar letter signed by all 7 members of the Democratic caucus...

A few months ago I also started an online petition on this very issue; over 340 NYS residents have signed on from all over the state; click on "view current signatures" here to see their names/comments:
http://www.PetitionOnline.com/StopLyme ...

Recall 80+ folks who came out this past May 12th to free screening organized by yours truly of "Under Our Skin" at the Rhinebeck Town Hall-- with special guest speakers at Q & A session afterwards including Dr. Steven Bock of the Rhinebeck Health Center and Dr. Richard Horowitz of Hyde Park, along with Rhinebeck's Alyssa Knapp of http://www.FoodforLyme.blogspot.com and many others...
[recall Dem CT Att. Gen investigation on this http://www.ct.gov/AG/cwp/view.asp?a=2795&q=414284 ]

[and-- yes, this issue was also point #16 of my gov. campaign-- http://www.petitiononline.com/joel4ny ]

Fact: Dutchess County is now one of the three highest counties in the United States in per capita Lyme cases, as Rep. John Hall, former County Legislator Bill McCabe, and many others have pointed out.
[see: http://www.LymeDiseaseAssociation.org ]

Must-read: 12/2/09 testimony of Patricia Smith President of the Lyme Disease Association before the Pennsylvania House Majority Policy Committee Hearing on Combating Lyme Disease Dec. 2, 2009 in Worcester, PA-- http://www.LymeDiseaseAssociation.org/Testimony20091202.pdf .

Fact is also that current testing for Lyme often unreliable, as "Under Our Skin" film points out:

"The complexities of Lyme disease symptoms cause many misdiagnoses. Borrelia burgdorferi, escapes detection because the tests are not 100% reliable. Misdiagnosis of Lyme disease is rampant. In the 40% to 45% of cases where there is no rash after infection, the early symptoms of Lyme disease are difficult to classify. Diagnostic tests are only 50% to 60% reliable. The disease mimics many other conditions, and some doctors will not diagnose it based on symptoms if test results are negative."
[see: http://generalmedicine.suite101.com/article.cfm/incorrect_diagnosis_of_lyme_disease ;

[also see: http://www.anapsid.org/lyme/lymeseroneg.html ; http://www.lymesite.com/reliable_testing.htm
http://www.docstoc.com/docs/4555403/long-standing-complaints-about-unreliable-tests-for-Lyme-disease ; http://www.associatedcontent.com/article/245897/standard_lyme_disease_tests_not_reliable.html ]

So-- please-- asap-- interview Andy Abrahams Wilson or Kris Newby of http://www.UnderOurSkin.com, Hyde Park's Dr. Richard Horowitz of http://www.ILADS.org , and/or Dr. Steven Bock of http://www.RhinebeckHealth.com (and/or me) on any/all of this-- do not help Dr. Gary Wormser cover up any longer how he is stopping NYS residents from being properly treated for babesiosis and Lyme...

Thanks.

Joel Tyner
Four-term Dutchess County Legislator, D. #11
(Rhinebeck/Clinton)
324 Browns Pond Road
Staatsburg, NY 12580
Host of "The Real Majority Project" on WVKR 91.3 FM http://www.WVKR.org Fridays 5-6 pm
Host of "Common Sense" on WHVW 950 AM Saturdays 8-10 am
Host of http://www.DutchessDemocracy.blogspot.com

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From http://underourskin.com/blog/?m=201004 ...

Medical panel keeps Lyme guidelines "as is"
April 30th, 2010 | Category: Controversy, Press, Science
Photo: Gary Wormser, MD, lead author of the IDSA guidelines, attributes many chronic Lyme symptoms to "the aches and pains of daily living."
After reviewing 3,000 pages of evidence challenging advice in its 2006 Lyme disease medical guidelines, eight Infectious Diseases Society of America (IDSA) panelists voted to keep the 45-page document "as is."

Dr. Robert Bransfield, the president of a group of community-based Lyme specialist physicians (ILADS) issued this statement in response:

"It's a sad day for the health care system and for everyone who suffers from the Lyme disease epidemic. The IDSA's flawed positions means patients will continue to suffer with incorrect diagnosis and improper treatment."

"By and large, the people on the IDSA panel who made this decision are ivory tower researchers," says Bransfield. "They're not the doctors on the front lines looking into the eyes and faces of these very sick patients, performing exams and then assuming long term responsibility for dealing with patients suffering from chronic Lyme."

Bransfield and ILADS point to a number of discrepancies and other concerns about the vote, including:

-68 out of 69 of the original 2006 recommendations under review were OK'd with unanimous votes. "How can there be such a total consensus with any scientific issue?" asked Bransfield. "It's highly suspect and beyond comprehension."

-If Lyme cannot be chronic, then why did the guideline's authors acquire 200 Lyme disease patents and receive $76 million in Federal funds to study it?

-The original guidelines are not only controversial, but written back in 2006, are considered old and out of date.

-The CDC has also advised for many years that the disease should be diagnosed on clinical grounds and not by unreliable laboratory tests. The Lyme disease tests are inaccurate 50% of the time.

-The IDSA's decision reinforces that doctors have little control when it comes to treating diseases such as Lyme. Researchers and insurance companies remain in the driver's seat of diagnosis and treatment.

In May 2008, the IDSA agreed to re-evaluate its Lyme disease guidelines as part of a settlement agreement for an antitrust investigation by the Attorney General of Connecticut, Richard Blumenthal. The crew of the documentary, UNDER OUR SKIN, covered this investigation as it unfolded, and revealed some of the evidence alluded to in Blumenthal's investigation, including the significant conflicts of interest among the original IDSA guidelines panelists, suppression of scientific evidence by panelists, and exclusion of panel members with opposing viewpoints.

During a telephone press conference on the IDSA's announcement of the ruling, IDSA president Richard Whitley, MD, said he thought Blumenthal had been "misguided by the [Lyme] activists" and that the antitrust suit against IDSA wasn't "justified or warranted."

- To read the IDSA report, click here.
- To read the ILADS response, click here.
- To download a detailed history of the IDSA investigation, click here.
- To read the Attorney General's release on the investigation, click here.
- To read UNDER OUR SKIN's Jordan Fisher-Smith's letter to the IDSA and learn what you can do, click here.

"Shame on you IDSA" says UNDER OUR SKIN's Jordan Fisher Smith
April 25th, 2010 | Category: Call to Action, Celebrities, Controversy, Patient Stories
Jordan Fisher Smith, the eloquent park ranger featured in UNDER OUR SKIN and the author of the acclaimed naturalist book "Nature Noir," has written this open letter to the Infectious Diseases Society of America (IDSA), in response to the society's decision to make no changes to their controversial 2006 IDSA Lyme Disease guidelines.
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To the Infectious Diseases Society of America:

Almost twelve years ago, I was bitten by a tick at work, and contracted Lyme Disease and Babesiosis. Because of the job you've done at diminishing the perception of danger about tick-borne disease and pressuring doctors who treat it aggressively out of business, it took a year and a half and a nationwide search to find a doctor who would treat me.

By then I was dreadfully ill, and as a result I lost my job and my 21-year career. In my first year of antibiotic treatment I got worse. I pursued aggressive treatment for another six years, during which time I got steadily, if slowly better. During this time one of my two doctors was forced out of practice as a result of your work. Thanks to my heroic physicians, I am recovered after a nine-year battle with tick-borne disease. And I am now contributing to society, working, and raising my kids.

Your ineffectiveness and the extent of your compromise with the insurance and HMO businesses are noted. You and your work will be forgotten eventually, as we have forgotten the names of the opponents of Copernicus. Shame on you for the suffering you are causing on the way to your eventual obscurity as prideful scientists who called it tragically wrong. The monument to your life's work is an unchecked epidemic.

-Jordan Fisher Smith, recovered victim of tick-borne disease
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The reevaluation of the IDSA Lyme guidelines was driven by an antitrust investigation led by Connecticut Attorney General Richard Blumenthal. During his 17-month investigation, Blumenthal found substantial conflicts of interest among the 2006 guidelines authors, who held commercial interests in Lyme-related diagnostic tests, vaccines, and insurance. In addition, he found that this panel had suppressed scientific evidence and excluded opposing views.

Lorraine Johnson, CEO of the Lyme patient advocacy group California Lyme Disease Association (CALDA), questions the integrity of the evaluation, saying that the IDSA "stacked the panel, paid the ethicist, ran the process, and achieved a foregone conclusion which 'validated' their guidelines."

The Connecticut Attorney General Richard Blumenthal is currently reviewing the IDSA Lyme report to determine whether the IDSA has violated the Settlement Agreement.

If you would like to submit your feedback on how the IDSA Lyme disease guidelines have affected you and/or your family, emails can be sent here:
attorney.general@po.state.ct.us

To send a copy to the IDSA leadership:

Richard Whitley, MD, IDSA President: rwhitley@peds.uab.edu
Diana Olson, IDSA VP of Communications: dolson@idsociety.org
James M. Hughes, MD, FIDSA, IDSA President-Elect: jmhughe@emory.edu
Mark A. Leasure, IDSA Chief Executive Officer: mleasure@idsociety.org
Carol J. Baker, MD, IDSA Lyme disease panel chair: cbaker@bcm.edu

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[here below-- resolution that passed overwhelmingly in bipartisan fashion in our County Legislature last July 13th: 22 to 3 (8 of 11 GOP voting will all in Dem caucus)-- for health insurance coverage for Lyme]

RESOLUTION NO. 209236

RE: MEMORIALIZATION IN FAVOR OF A STATE LAW ENSURING INSURANCE COVERAGE FOR VICTIMS OF CHRONIC LYME DISEASE

Legislators TYNER, GOLDBERG, NASH, FETTES, FLESLAND, KUFFNER, WEISS, WHITE, HORTON, MANSFIELD, MCCABE, MACAVERY and BORCHERT offer the following and move its adoption:

WHEREAS, according to a Poughkeepsie Journal editorial May 1st, "New York leads the nation in the number of Lyme disease cases (more than 27,000 reported in 2007); Dutchess County accounts for roughly a quarter of those diagnoses, and has the third highest number of new infections of any county in the country," and

WHEREAS, according to the same editorial, "caused by a bacterial infection from the bite of a deer tick, Lyme may cause debilitating symptoms affecting a person's skin, nervous system, heart and/or joints," and
WHEREAS, current law does not specifically stipulate that Lyme Disease and other tick borne related pathogens be covered under individual and group health insurance policies or workers' compensation, and

WHEREAS, A.2100, state legislation, would require that Lyme disease here in Dutchess County and across New York be covered under the aforementioned insurance policies, and

WHEREAS, A.2100 also specifically states that long-term treatments of the disease be covered if so recommended by a physician licensed to practice in New York State, and

WHEREAS, Lyme Disease strikes many New Yorkers each year; A.2100 would ensure that their pain and suffering is not complicated by a lack of medical coverage, including long term coverage, for care of the disease, now, therefore, be it

RESOLVED, that the Dutchess County Legislature requests that our state assembly pass and Governor Paterson sign into law A.2100, to make sure that Dutchess County and New York State residents afflicted with chronic Lyme disease are covered under individual or group health insurance policies, and, be it further

RESOLVED, that the Dutchess County Legislature requests that our state senate draft a companion bill to A.2100 and pass that bill, and, be it further

RESOLVED, that a copy of this resolution be transmitted to Governor David A. Paterson, Senators Stephen M. Saland and Vincent Leibell, Assemblymen Joel M. Miller, Kevin Cahill, Greg Ball, Marcus Molinaro, and Frank Skartados.

Greene County building solar farm-- why not Dutchess?...

Hi all...

Check out this from MidHudsonNews.com today!...

"First Commercial Solar Farm in New York To Be Built in Greene County"
http://www.midhudsonnews.com/News/2010/July/27/Cnrstn_solfm-27Jul10.html

[scroll down just a bit to read actual article itself]

Why the heck can't our County Legislature get our Industrial Development Agency here to make this happen in Dutchess?...

No reason at all whatsoever...

Earlier today I submitted a resolution to our County Legislature's offices for exactly this to happen asap; send a letter to all 25 of us at countylegislators@co.dutchess.ny.us if you agree!...

Joel
444-0599/876-2488
joeltyner@earthlink.net

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2010 American Lung Association of New York State of the Air Report
http://www.lungusa.org/associations/states/new-york/state-of-the-air-2010-1.html

"Hinchey: Unemployment Benefits Should Never Have Stopped" by Craig Wolf [PoJo 7/24]
http://www.poughkeepsiejournal.com/article/20100724/NEWS01/7240334/Hinchey-Unemployment-benefits-should-never-have-stopped

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WHEREAS, the Poughkeepsie Journal reported July 24th that "joblessness remains high; Dutchess County's rate in June was 7.4 percent"; thousands of Dutchess County families are still struggling to make ends meet in the current economy without enough jobs available, and

WHEREAS, for the second year in a row the American Lung Association of New York has rated Dutchess County air quality an "F"; there are over 39,000 Dutchess County residents who have emphysema, bronchitis, or asthma as well, and

WHEREAS, the more power we get from non-polluting sources like solar energy, the cleaner our air will be, and the more county tax dollars will be saved on Medicaid costs treating emphysema, bronchitis, and asthma, and

WHEREAS, Germany has twenty-five percent less sunlight than New York, but solar panels all over the country; solar energy is quite viable here and now in New York State and Dutchess County, and

WHEREAS, the Greene County Industrial Development Agency and CornerStone Power Development recently announced they are partnering to build the state’s first commercial solar farm on over 120 acres of land adjacent to the CSX rail line and the Central Hudson transmission power line on Farm to Market Road in Coxsackie, and

WHEREAS, the Greene County Industrial Development Agency will own the land, and CornerStone will lease it translating into 25 to 30 construction jobs for a year and five to six full-time workers when operational, and

WHEREAS, the Greene County project will also mean a significant tax boost for the county; it has a current agricultural exemption and it generates about $1,100 a year; if that were to increase by three percent per year for the next 25 years, that property would generate about $45,000 in total taxes; under this project and the plan expected to be implemented, that number would go to $2.6 million providing incredibly valuable new revenue to local taxing jurisdictions, and

WHEREAS, the power from the Greene County facility will be provided to end users in New York through pre-negotiated power purchase agreements, and therefore be it

RESOLVED, that the Dutchess County Legislature urges the Dutchess County Industrial Development Agency and Dutchess County Economic Development Corporation to help facilitate solar farms in Dutchess County similar to Greene County, and be it further

RESOLVED, that a copy of this resolution be sent to the Dutchess County Industrial Development Agency and Dutchess County Economic Development Corporation.

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From http://www.midhudsonnews.com/News/2010/July/27/Cnrstn_solfm-27Jul10.html ...

First commercial solar farm in New York to be built in Greene County

COXSACKIE – The Greene County Industrial Development Agency and CornerStone Power Development Monday announced they are partnering to build the state’s first commercial solar farm on over 120 acres of land adjacent to the CSX rail line and the Central Hudson transmission power line on Farm to Market Road in Coxsackie.

The IDA will own the land and CornerStone will lease it translating into 25 to 30 construction jobs for a year and five to six full-time workers when operational.

IDA Executive Director Sandy Mathes said the project will also mean a significant tax boost for the county.

‘It has a current agricultural exemption and it generates about $1,100 a year. If we were to increase that by three percent per year for the next 25 years, that property would generate about $45,000 in total taxes,” he said. “Under this project and the plan that we expect to implement, that number would go to $2.6 million providing incredibly valuable new revenue to our taxing jurisdictions.”

The power from the facility will be provided to end users in the metropolitan New York area through pre-negotiated power purchase agreements.

help protect Dutchess homeowners from home repair scams!...

Hi all...

Co. Leg. Alison MacAvery and I want to protect Dutchess homeowners from home improvement scams...

[thx to Alison for recently agreeing to co-sponsor brand-new law I've submitted to Co. Leg. offices on this; scroll down just a bit to see text of law itself]

...but we can't do it alone...(note-- thx also to former Co. Leg. Bill McCabe for his encouragement on this-- and to LaGrange's Tom Olsen as well)...

Fact is that our proposal might not even be allowed to be placed on county legislators' desks in August for study (and then discussion in Sept. with vote in Oct. hopefully)-- unless we get two more leg.'s on board...

So-- if you agree with us-- send a letter to all 25 of us now-- to countylegislators@co.dutchess.ny.us!...

Recall email I sent out originally to this list on this on day Poughkeepsie Journal ran front-page article:

"Officials Warn Homeowners About Door-to-Door Repair Scams" by Emily Stewart [May 17th]
http://www.poughkeepsiejournal.com/article/20100517/NEWS05/5170324/Officials-warn-homeowners-about-door-to-door-repair-scams

[note quotes here from our county's Consumer Affairs office and county Sheriff on how this is problem!]

Rockland County Home Improvement Contractor Law (Local Law No. 9 of 2007)
http://www.co.rockland.ny.us/cpl/Laws/HI_local_law.pdf

similar legislation in place in Westchester County
http://consumer.westchestergov.com/index.php?option=com_content&task=view&id=2552&Itemid=4423

[pass it on]

Joel
444-0599/876-2488
joeltyner@earthlink.net

p.s. Can you imagine the kind of information a county-level Inspector General here in Dutchess might be able to dig up for public good?...(I can)...recall Hank Gross' report July 1st re: Orange Co. Dems for this--
http://www.midhudsonnews.com/News/2010/July/01/OCL_Dems-01Jul10.html -- again, I've suggested to my colleagues here in Dutchess that we have in Inspector General position for our county government-- but I can't do it alone, folks-- so-- one last time-- send emails to countylegislators@co.dutchess.ny.us!...
[and yes, we've even gotten a lawyer to draft 100% perfectly legal language on this; just need sponsors]

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[text here below of local law proposal from yours truly that Co. Leg. Alison MacAvery is co-sponsoring; note-- below is merely our first draft-- work in progress-- looking for comments/feedback from you all, k!]

Licensing Persons Engaged in Home Improvement Business and Swimming Pool Construction

HOME IMPROVEMENT CONTRACTORS

1. Purpose; limitation.
2. Definitions; word usage.
3. License required.
4. Home Improvement Licensing Board.
5. Powers and duties of board.
6. Examinations; exception; bond and insurance.
7. License; display; renewals; duplicates.
8. Fees.
9. Refusal, suspension or revocation of license.
10. Prohibited acts.
11. Exceptions.
12. Contract requirements.
13. Contract funds.
14. Disposition of fees.
15. Liability for damage.
16. Other licenses; powers of municipalities.
17. Nonapplicability.
18. Suspension or revocation of licenses.
19. Appeals.
20. Construal of provisions.
21. Penalties for offenses.
22. Coordinator's Powers.
23. Separability.

LOCAL LAW NO. OF 2010
COUNTY OF DUTCHESS
STATE OF NEW YORK

A local law relating to the licensing of home improvement contractors in Dutchess
County.
Be it enacted by the legislature of the county of Dutchess as follows:
Section 1.
A local law relating to the
licensing of home improvement contractors in Dutchess county.
1. Purpose; limitation.
A. It is the purpose of the legislature of Dutchess county in enacting this chapter to
safeguard and protect employees, the homeowners and the consumer against
abuses on the part of swimming pool contractors and itinerant home
improvement contractors by regulating the home improvement, remodeling and
swimming pool repair business, by licensing of persons engaged in such
business and by mandating that contractors are responsible for their employees.
The legislature finds that a need exits for a more complete understanding
between customers and contractors engaged in swimming pool construction and
home improvement business regarding the content and conditions of
transactions for swimming pool construction and home improvement. The
legislature also finds that many misunderstandings have arisen because of the
lack of a standard body of requirements relating to such transactions and that
certain sales and business practices and construction practices have worked
financial and safety hardship upon the people of Dutchess county.
B. Nothing in this chapter shall limit the power of a city, town or village to adopt any
system of permits requiring submission to and approval by the city, town or
village of plans and specifications for an installation prior to the commencement
of construction of the installation or of inspection of work done.
2. Definitions; word usage.
A. As used in this chapter, the following terms shall have the meanings indicated:
APPLICANT - The qualifying individual applying for the license.
BOARD - The home improvement licensing board.
CONTRACTOR - Any person, other than a bona fide employee of the owner,
who owns or operates a home improvement business or who undertakes or
offers to undertake or agrees to perform any home improvement, whether or not
such person is licensed or subject to the licensing requirements of this chapter
and whether or not such person is a prime contractor or subcontractor with
respect to the owner.
COORDINATOR - The coordinator of consumer protection.
HOME IMPROVEMENT -
(1) The repair, replacement, remodeling, alteration, conversion,
modernization, demolition or removal of, or improvement or addition to any
land or building, or that portion thereof which is used or designed to be
used as a private residence, dwelling place for not more than six (6)
families, a condominium dwelling unit or a cooperative dwelling unit, and
shall include, but not be limited to, the installation, construction,
replacement or improvement of driveways, swimming pools, roofs,
porches, garages, fallout shelters, central vacuum-cleaning systems,
storm windows, awnings, fire or burglar alarms, installed floor coverings,
landscaping, interior and exterior painting, wallpaper and wall covering
installations and other improvements to structures or upon land which is
adjacent to a dwelling house.
(2) Shall not include the construction of a new home, building or work done by
a contractor in compliance with a guaranty of completion of a new building
project or the sale of goods or materials by a seller who neither arranges
to perform nor performs, directly or indirectly, any work or labor in
connection with the installation of or application of the goods or materials
or residences owned by or controlled by the state or any municipal
subdivision thereof.
HOME IMPROVEMENT CONTRACT - An agreement between a contractor and
an owner or between a contractor and a tenant for the performance of a home
improvement, and includes all labor, services and materials to be furnished and
performed thereunder.
HOME IMPROVEMENT ESTABLISHMENT - Any shop, establishment, place or
premises where the home improvement business is carried on.
LICENSEE - A person permitted to engage in the home improvement business
under the provisions of this chapter.
OWNER - Any homeowner, tenant or any other person who orders, contracts for
or purchases the home improvement services of a contractor, or the person
entitled to the performance of the work of a contractor pursuant to a home
improvement contract.
PERSON - An individual, firm, partnership, association or corporation.
B. All references to the masculine gender shall be interpreted to mean to include the
feminine gender.
3. License required.
No person shall own, maintain, conduct, operate, engage in or transact a home
improvement business after the effective date of this chapter or any amendment thereto
or solicit home improvement contracts or hold himself out as being able to do so after
such date unless he is licensed therefor pursuant to this chapter.
4. Home Improvement Licensing Board.
A. There is hereby created a home improvement licensing board consisting of
eleven (11) members, hereinafter referred to as the "board." The members of
such board shall be residents of Dutchess county, or shall have their principal
place of business in Dutchess county, and shall be appointed by the Dutchess
county executive, subject to confirmation by the county legislature, and shall
serve at the pleasure of the county executive as follows:
(1) Three (3) primarily engaged in business as home improvement
contractors.
(2) One (1) primarily engaged in business as an architect.
(3) One (1) primarily engaged in business as a licensed engineer.
(4) Three (3) citizens independent of the home improvement business.
(5) The coordinator of consumer protection or his designee.
(6) One (1) primarily engaged in business as a pool contractor.
(7) One (1) primarily engaged in business as a tradesman.
B. The Dutchess county coordinator of consumer protection or his designee shall
act as chairman thereof. The board shall elect a vice chairman from its own
members. In addition, until appointment of a majority of the board, the
coordinator shall exercise and be vested with all powers and duties of the board.
C. A majority of the board shall constitute a quorum for the transaction of business.
D. Compensation to be paid to the members of the board, if any, shall be
determined by the Dutchess county legislature of the county of Dutchess.
5. Powers and duties of board.
The board shall have the following powers and duties in addition to those
elsewhere prescribed in this chapter:
A. To hold meetings at the call of the chairman and at such other times as
the board may determine when necessary or desirable for the efficient
discharge of the business of the board, but not less than quarterly. All
meetings of such board shall be open to the public. Such board shall
keep minutes of its proceedings, showing the vote of each member upon
every question, or, if absent or failing to vote, indicating such fact, and
shall also keep records of its examinations and other official actions.
Every rule, regulation, every amendment or repeal thereof and every
decision or determination of the board shall immediately be filed in the
office of the coordinator and shall be a public record.
B. To establish categories of licenses under this chapter.
C. To examine the qualifications and fitness of applicants for licenses under
this chapter or of the representatives of such applicants designated for
such purpose.
D. To grant and issue licenses to applicants possessing or whose
representatives possess the requisite qualifications for each category of
license established by the board.
E. To suspend or revoke licenses for cause as prescribed in this chapter.
F. To keep records of all licenses issued, suspended or revoked by it and to
make such records available for public inspections, the same to be filed in
the office of the coordinator.
G. To establish qualifications for, and to grant and renew, temporary licenses
not to exceed one hundred twenty (120) days for each such grant or
renewal, for each category of license established by the board and to
establish such pro rata fee schedule as it deems advisable.
H. To prepare a manual of its rules and regulations for the conduct of
examinations and qualifications and to furnish copies thereof to persons
desiring the same upon payment of a fee as set by the licensing board.
I. To adopt rules and regulations in respect to procedure before it and in
respect to any subject matter over which it has jurisdiction under this
chapter or any other law after a public hearing by the board and subject to
the approval of the Dutchess county legislature. Upon adoption and
approval of such rules and regulations, they shall be duly filed with the
clerk of the Dutchess county legislature and coordinator.
J. The board shall employ experts, clerks and a secretary subject to the
appropriations that may be made therefor by the Dutchess county
legislature. Said employees shall report to the coordinator on a day-to -
day operational basis. The Dutchess county legislature is hereby
authorized and empowered to make such appropriation as it may see fit
for such expenses; the amount of the appropriation shall be the estimated
charges and expenses less fees, if any, collected pursuant to the license
required by this chapter.
6. Examinations; exception; bond and insurance.
A. Examinations shall be in writing or in other forms as the board may determine. A
complete record of every examination given shall be kept on file until three (3)
years after the date of the examination. Examinations shall be held at such times
and places as the board may fix.
B. The applicant shall present himself for examination at the time and place
specified in a notice to be given by the board.
C. An applicant who has failed in this first examination shall not be eligible for
reexamination until one (1) month from the date of such failure. One who fails
twice or more shall not be eligible for further reexamination until at least three (3)
months from the date of such second or subsequent failure.
D. No license shall be granted to a person unless he shall prove to the satisfaction
of the board that he is competent and qualified to perform work. The board may,
as a condition to the granting of a license, establish a rule or regulation requiring
that the applicant must have a certain number of years of experience performing
work before the date of application.
E. Any person applying for a license within one (1) year after the effective date of
this chapter who shall hold a current valid license or who shall have been
continuously engaged in the business and work of home improvement in the
county of Dutchess for a period of five (5) years or more preceding such effective
date shall be entitled to receive a license without examination upon payment of
the fee prescribed by this chapter.
F. The board may require an application for a license or a renewal application to be
accompanied by a bond, approved as to form by the county attorney, executed
by a bonding or surety company authorized to do business in the state of New
York, or cash security in an amount to be set by the board, conditioned upon the
assurance that during the term of such license the licensee will continue to
comply with the provisions of this chapter, to assure that upon default in the
performance of any contract, the advance payments made thereon, less the
reasonable value of services actually rendered to the date of such default, or the
reasonable costs of completion of the contract in the event of noncompletion
thereof, will be refunded to the purchaser, owner or lessee with whom such
contract was made. Such bond shall run to the county of Dutchess for the use
and benefit of any person or persons intended to be protected thereby. The filing
of the required bond in the office of the coordinator, preapproved as to form by
the county attorney, shall be deemed sufficient compliance with this section. The
board may require a bond at any time during the term of the license based on the
licensee's performance during such term.
G. All persons licensed pursuant to this chapter shall be required to secure liability
insurance to protect all persons from personal injury and property damage that
could occur, directly or indirectly, during or as a result of their work licensed by
this chapter. Such liability insurance must include proof of personal liability and
property damage coverage (with no exclusions for product-completed operations
coverage) in such form and amount, and with such other kinds of coverage, as
may from time to time be set forth in or required by the rules and regulations,
along with proof of workers' compensation and disability insurance in such form
and amount as may from time to time be set forth in or required by the rules and
regulations. Such liability insurance shall be occurrence-based.
H. (1) The coordinator or his designee, upon receipt of evidence that any bond
required of any licensee by 6(F) or any liability, disability, or workers'
compensation insurance required of any licensee by 6(G) or the rules and
regulations is not in effect, the coordinator or his designee shall promptly issue
an order suspending the license of such licensee and shall promptly mail a copy
of such order by regular first class mail and by certified mail to the licensee at the
licensee's address provided in accordance with this law or the rules and
regulations.
(2) The suspension shall take effect on the date specified in the order and
shall remain in effect for a period of time equal to the time from the date that the
bond or insurance, as the case may be, was not in effect to the date on which a
subsequent insurance, as the case may be, became or will have become in
effect.
(3) No order suspending any license shall be issued, or, if such order has
been issued, it shall be terminated, if the coordinator or his designee shall
determine either that the bond or insurance, as the case may be, had been
erroneously determined not to have been continuously in effect or that both (a)
the licensee was not aware of the fact that the bond or insurance, as the case
may be, was not in effect and (b) the failure to have such bond or insurance in
effect was caused solely by the negligence or malfeasance of a person other
than such licensee. The burden of proving that the bond or insurance had been
erroneously determined not to have been continuously in effect, or that the
licensee did not know that the bond or insurance was not in effect and that such
failure to have the bond or insurance in effect resulted solely from the negligence
or malfeasance of another, shall be upon the licensee seeking to avoid
suspension action. Such facts shall be established by clear and convincing
evidence, either by the submission of affidavits or at a hearing called in the
discretion of the commissioner. The coordinator may, as justice may require,
terminate or modify any order suspending any license.
(4) No order issued, and no action taken or not taken, by the coordinator or
his designee pursuant to this subsection (H) shall be subject to appeal to the
board or to the appeal procedures specified in section 19 but, rather, shall be
deemed an administratively final determination for purposes of judicial review.
(5) Nothing in this subsection shall prohibit the board from further suspending
or revoking such license pursuant to section 9 of this law or prohibit the coordinator
or the others specified in section 21 from proceeding further to enforce this law as
provided in section 21.
7. License; display; renewals; duplicates.
A. All licenses, except temporary licenses, shall be for a period of two (2) years from
the date of application and shall expire on the last day of the 24th month
following the application filing date, as set forth in the rules and regulations.
B. No license shall be assignable or transferable except as hereinafter provided. A
license to conduct a home improvement business issued to an individual may be
assigned or transferred for the remainder of the license period to a partnership or
corporation if such individual is a member of such partnership or a stockholder of
such corporation. A license issued to a partnership may be assigned or
transferred for the remainder of the license period to any one (1) member of such
partnership, provided that he obtains the consent of all of the other members of
such partnership. The application for such transfer or assignment must be
accompanied by proof satisfactory to the board that the requirements herein
provided have been complied with. No assignment or transfer shall become
effective unless and until the endorsement of the transfer or assignment has
been made on the face of the license by the board and such license, so
endorsed, has been returned to the assignee or transferee. All such
endorsements shall be made upon payment of a fee as set forth in the rules and
regulations.
C. Each license issued pursuant to this chapter shall be posted and kept posted in
some conspicuous place in the home improvement establishment.
D. Any license, except a temporary license, which has not been suspended or
revoked may, upon the payment of the renewal fee be renewed for an additional
period of two (2) years from its expiration, as set forth in the rules and
regulations, upon filing of an application for such renewal on a form to be
prescribed by the board. Failure to make application for such renewal within
fifteen (15) days prior to the expiration date of the license shall subject the
licensee to a penalty as set forth in the rules and regulations, which shall be paid,
together with the renewal fee, prior to the issuance of the renewal. After the
expiration date of the license, the licensee shall be considered no longer licensed
as required by section 3 and for purposes of the penalties established by
section 21. A licensee whose license has expired shall be required to apply
for an entirely new license in accordance with this chapter, unless, within ninety
(90) days after the expiration date of the license, such licensee makes
application for renewal and pays a penalty as set forth in the rules and
regulations, together with the renewal fee.
E. A duplicate license may be issued for one lost, destroyed or mutilated, upon
application therefor on a form prescribed therefor by this chapter. Each such
duplicate license shall have the word "duplicate" stamped across the face thereof
and shall bear the same number as the one it replaces.
F. A supplementary license may be issued for each additional place of business
maintained by a licensee within the county of Dutchess upon application therefor
on a form prescribed by the board and the payment of the fee prescribed therefor
by this chapter. Each such supplementary license shall have the word
"supplementary" stamped across the face thereof and shall bear the same
number as the original.
8. Fees.
A. Application for a license, renewal of a license, supplementary, duplicate or
transfer license shall be accompanied by the required fee set forth in the rules
and regulations.
9. Refusal, suspension or revocation of license.
A license to conduct, operate, engage in and transact a home improvement
business as a home improvement contractor may be refused, suspended or revoked by
the board for any one (1) or more of the following causes:
A. Fraud, misrepresentation or bribery in securing a license.
B. The making of any false statement as to a material matter in any
application for a license, or in any proceeding with respect to the refusal,
suspension, or revocation of a license, or in any response to any order,
demand, or inquiry by the board or by the coordinator or his designee with
respect to a license or with respect to any home improvement contract.
C. The person or the management personnel of the contractor are
untrustworthy or not of good character.
D. The business transactions of the contractor have been marked by a
practice of failure to perform its contracts or the manipulation of assets or
accounts or by fraud or bad faith.
E. Failure to display the license as provided in this chapter.
F. Violation of any provision of this chapter or of any rule or regulation
adopted hereunder.
G. The institution of federal bankruptcy proceedings (voluntary or
involuntary), or of proceedings in any court to appoint a receiver, with
respect to the person or any management personnel of the contractor; or
the making of an assignment by the person or any management
personnel of the contractor for the benefit of creditors whose claims arise
under or are related to any home improvement contract with the person
or management personnel of the contractor; or failure to notify the board
of the institution of such proceedings or the making of such assignment.
10. Prohibited acts.
A. The following acts are prohibited:
(1) Abandonment or willful failure to perform, without justification, any home
improvement contract or project engaged in or undertaken by a contractor
or willful deviation from or disregard of plans or specifications in any
material respect without the consent of the owner.
(2) Making any substantial misrepresentation in a home improvement
contract or in the procurement of a home improvement contract or making
any false promise likely to influence, persuade or induce.
(3) Any fraud in the execution of or in the material alteration of any contract,
mortgage, promissory note or other document incident to a home
improvement transaction.
(4) Preparing or accepting any mortgage, promissory note or other evidence
of indebtedness upon the obligations of a home improvement transaction
with knowledge that it recites a greater monetary obligation than the
agreed consideration for the home improvement work.
(5) Directly or indirectly publishing any advertisement relating to home
improvements which contains an assertion, representation or statement of
fact which is false, deceptive or misleading, provided that any
advertisement which is subject to and complies with the then existing
rules, regulations or guides of the federal trade commission shall not be
deemed false, deceptive or misleading; or any means of advertising or
purporting to offer the general public any home improvement work with the
intent not to accept contracts for the particular work or the price which is
advertised or offered to the public.
(6) Willful or deliberate disregard and violation of the building, sanitary and
health laws of this state or any political or municipal subdivision thereof.
(7) Willful failure to notify the board of any change or control in ownership,
management, business name, location or person whose qualifications
were the subject of review and approval by the board as designee of a
contractor.
(8) Conducting a home improvement business in any name other than the
one in which the contractor is licensed.
(9) Willful failure to comply with any order, demand or requirement made by
the board pursuant to provisions of this chapter, or the willful making of
any false statement as to a material matter in any proceeding with respect
to the refusal, suspension, or revocation of a license, or in any response to
any order, demand, or inquiry by the board or by the coordinator or his
designee with respect to a license or with respect to any home
improvement contract.
(10) Willful or other refusal, failure, or neglect to pay or comply with any
judgment in favor of any owner, supplier, vendor, materialman,
subcontractor, independent contractor, employee, or other person arising
out of any home improvement contract or home improvement activity
entered in any court of competent jurisdiction, within sixty (60) days after
the entry of such judgment, or within sixty (60) days after the disposition of
any appeal from it, or within sixty (60) days after the expiration of any
period during which an appeal or further appeal may be taken from it,
whichever is later.
(11) Willful refusal or failure to make any payment, when due, to any supplier,
vendor, materialman, subcontractor, independent contractor, employee, or
other person for any labor or materials in connection with any home
improvement contract, or any willful act or omission that may expose any
owner to the imposition of any lien or to any civil or other liability or
penalty.
B. As part of or in connection with the inducement to make a home improvement
contract, no person shall promise or offer to pay credit charges or allow to a
buyer any compensation or reward for the procurement of a home improvement
contract with others.
C. No contractor shall offer or pay a loan as an inducement to enter into a home
improvement.
D. No acts, agreements or statements of a buyer under a home improvement
contract shall constitute a waiver of any provisions of this chapter intended for
the benefit or protection of the buyer.
E. No person shall advertise or hold themselves out as being qualified to perform
home improvements, as defined in this chapter, in Dutchess county unless
licensed as herein provided, and the license number shall appear in all such
advertising.
F. No contractor shall employ an unlicensed subcontractor or subcontractors.
11. Exceptions.
A. No contractor's license shall be required of any person when acting in the
particular capacity or particular type of transaction set forth in this section:
(1) An individual who performs labor or services for a contractor for wages or
salary.
(2) A plumber, electrician, architect, professional engineer or any other such
person who is required by state or local law to attain standards of
competency or experience as a prerequisite to engaging in such craft or
profession and who is acting exclusively within the scope of the craft or
profession for which he is currently licensed pursuant to such other law.
(3) Any retail clerk, clerical, administrative or other employee of a licensed
contractor as to a transaction on the premises of the contractor.
B. This chapter shall not apply to a home improvement contract otherwise within the
purview of this chapter which is made prior to the effective date of the respective
provisions of this chapter governing such contracts.
12. Contract requirements.
Every home improvement contract where the total aggregate cost exceeds two
hundred fifty dollars ($250.) shall be subject to the provisions of this section. Every
contract and any changes in the contract subject to the provisions of this section shall
be in writing, shall be signed by all parties to the contract, and the writing shall contain
the following:
A. The name, address, license number and federal employer identification
number, if any, of the contractor.
B. The approximate dates when the work will begin and on which all
construction is to be completed.
C. A description of all work to be done, the materials or material allowances
and equipment to be used, the agreed consideration for the work and
whether any other work is required to be performed to comply with any
other law, ordinance, local law, resolution or building code governing
home improvement work or requiring permits therefor or any requirement
contained in the rules and regulations of the board and any revisions
thereof.
D. If the payment schedule contained in the contract provides for a down
payment to be paid to the contractor by the owner before the
commencement of work, such down payment shall not exceed one
thousand dollars ($1,000.) or fifteen percent (15%) of the contract price,
excluding finance charges, whichever is the lesser. However, this
subsection D shall not be construed to prohibit any contractor from
demanding or receiving from any owner at any time during the
performance of any contract advance payment for any materials that are
necessary for the owner's specific project, provided:
(1) that the contractor has become or may become, for any reason,
irrevocably committed to purchase such materials from any
supplier, vendor, materialman, or other person; or
(2) that the contractor has become or may become, for any reason,
contractually liable to pay any supplier, vendor, materialman, or
other person for such materials; or
(3) such materials have become irreversibly customized for the
owner's specific project and may not feasibly, without undue
hardship to the contractor, be salvageable by the contractor from
the owner' specific project;
and provided, further, that the contract shall contain in bold 12 -point or
larger print, immediately above the signature of the owner, the following
language, which shall be separately initialed by the owner: "At any time
during the performance of this contract, the contractor may demand and
shall be entitled to receive in full from the owner advance payment for any
materials that are necessary to perform this contract."
E. A schedule of payments showing the amount of each payment as a sum in
dollars and cents. In no event shall the payment schedule provide for the
contractor to receive, nor shall the contractor actually receive, payments in
excess of one hundred percent (100%) of the value of the work performed
on the project at any time, excluding finance charges, except that the
contractor may receive an initial down payment and any advance
payments authorized by subsection D. The schedule of payments shall be
stated in dollars and cents and shall be specifically referenced to the
amount of work to be performed and to any materials and equipment to be
supplied.
F. The contract shall state that, upon satisfactory payment being made for
any portion of the work performed, the contractor shall, prior to any further
payment being made, furnish to the person contracting for the work a full
and unconditional release from any claim of a mechanic's lien by the
contractor or by a person entitled to enforce a mechanic's lien for that
portion of the work for which payment has been made.
G. The requirements of subsections D, E and F shall not apply when the
contract provides for the contractor to furnish a performance and payment
bond, lien and completion bond, or a bond equivalent approved by the
board, covering full performance and completion of the contract and such
bonds are furnished by the contractor or when the parties agree for full
payment to be made upon or for a schedule of payments to commence
after satisfactory completion of the project. The contract shall contain in
close proximity to the signature of the owner a notice in at least ten -point
type stating that such owner has the right to require the contractor to have
a performance and payment bond.
H. No additional work shall be performed without prior written authorization of
the person contracting for the construction of the home improvement. Any
such authorization shall be on a contract change-order form, showing the
agreed terms and reasons for such changes and shall be approved by
both parties in writing. Any such change-order forms shall be incorporated
in, and become part of, the contract.
I. The writing shall be legible and shall be in such form as to clearly describe
any other document which is to be incorporated into the contract, and
before any work is done, the owner shall be furnished a copy of the written
agreement, signed by the contractor.
J. The contract shall contain not less than a one-year warranty guaranteeing
the quality of workmanship.
K. The contract shall require the contractor to obtain any necessary permits
and provide to the owner a certificate of occupancy, if required by the
home improvement, unless specifically provided otherwise in the contract.
Should the contract indicate that the homeowner is to obtain any
necessary permits and certificate of occupancy, same shall be set forth in
not less than ten-point bold lettering.
L. The writing may also contain other matters agreed to by the parties to the
contract.
M. At the time a contract is signed by the parties, the contractor shall deliver
a legible copy of such contract to the person contracting for the
construction.
N. Each home improvement contractor shall maintain books of account,
copies of all contracts with buyers and such other records as shall
properly and completely reflect all transactions involving the home
improvement business. These records shall be maintained for six (6)
years or the length of time of the contract guaranty, whichever is longer.
O. A notice to the owner that, in addition to any right to otherwise revoke an
offer, the owner may cancel the home improvement contract until midnight
of the third business day after the day on which the owner has signed an
agreement or offer to purchase relating to such contract. Cancellation
occurs when written notice of cancellation is given to the home
improvement contractor. Notice of cancellation, if given by mail, shall be
deemed given when deposited in a mailbox properly addressed and
postage prepaid. Notice of cancellation shall be sufficient if it indicates the
intention of the owner not to be bound. Notwithstanding the foregoing, this
subsection shall not apply to a transaction in which the owner has initiated
the contact and the home improvement is needed to meet a bona fide
emergency of the owner, and the owner furnishes the home improvement
contractor with a separate dated and signed personal statement in the
owner's handwriting describing the situation requiring immediate remedy
and expressly acknowledging and waiving the right to cancel the home
improvement contract within three business days. For the purposes of this
subsection, the term "owner" shall mean an owner or any representative of
an owner.
13. Contract funds.
A home improvement contractor must treat all funds received from a customer
pursuant to a home improvement contract as trust funds to be applied solely to the
payment of expenses directly related to the home improvement. Such funds may not be
applied to the payment of expenses unrelated to the home improvement unless and
until the home improvement is completed and all the expenses for direct labor, material
and subcontractors related thereto have been paid by the contractor.
14. Disposition of fees.
All fees derived by the board from the operation of this chapter shall be turned
over to the commissioner of finance by the board within ten (10) days after they are
received.
15. Liability for damage.
This chapter shall not be construed to relieve from nor lessen the responsibility of
any home improvement contractor for any loss of life or damage to person or property,
nor shall the county of Dutchess be deemed to have assumed any such liability by
reason of any license issued pursuant to this chapter.
16. Other licenses; powers of municipalities.
A. A license issued pursuant to this chapter may not be construed to authorize the
licensee to perform any particular type of work or kind of business which is
reserved to qualified licensees under separate provisions of state or local law,
nor shall any license or authority other than as is issued or permitted pursuant to
this chapter authorize engaging in the home improvement business.
B. Nothing in this chapter shall be construed to limit or restrict the power of a town
or village to regulate the quality, performance or character of the work of
contractors, including a system of permits and inspections which are designed to
secure compliance with and aid in the enforcement of applicable state and local
building laws or to enforce other laws necessary for the protection of the public
health and safety. Nothing in this chapter limits the power of a town or village to
adopt any system of permits requiring submission to and approval by the town or
village of plans and specifications for an installation prior to the commencement
of construction of the installation or of inspection of work done.
17. Nonapplicability.
The provisions of this chapter shall not apply to work performed by or pursuant to
a contract with any federal, state or municipal government or corporation or any
agencies thereof.
18. Suspension or revocation of licenses.
A. Any license issued hereunder may be suspended or revoked, at the discretion of
the board, after public hearing, upon due notice held, upon charges given to the
licensee and an opportunity to be heard in his defense, in person or by an
attorney, if the board is satisfied that the holder of such license or any of his or its
officers or employees willfully, or by reason of incompetence, have violated any
provision of this chapter, any other law, ordinance, local law, resolution or
building code governing home improvement work or requiring permits therefor or
any requirement contained in the rules and regulations of the board and any
revisions thereof. The board shall cause the proceedings of such hearing to be
electronically or otherwise recorded verbatim and permanently preserved.
B. Any revocation under subsection A of this section shall be for not less than one
year unless otherwise specified by the appeals board pursuant to 286-19 of this
chapter.
19. Appeals.
A. Any person aggrieved by the action of the board in refusing to issue a license or
renewal thereof or suspending or revoking a license or making any decision or
determination may take an appeal therefrom to the Dutchess county legislature
within thirty (30) days after the same has been filed with the clerk of the Dutchess
county legislature as required herein. Such appeal shall be taken by filing with
the board and the Dutchess county legislature a notice of appeal, specifying the
grounds therefor.
B. The board shall forthwith transmit to the clerk of the Dutchess county legislature
and shall by personal delivery or by first class mail serve upon the appellant a
copy of the recorded proceedings and a copy of all the papers constituting the
record upon which the action appealed from was taken.
C. An appeal, except from an action of the board in refusing to issue a license or
renewal thereof, stays all proceedings in furtherance of the action appealed from,
unless the board certifies to the Dutchess county legislature, after the notice of
appeal shall have been filed, that by reason of facts stated in the certificate a
stay would, in its opinion, cause imminent peril to life or property, in which case
proceedings shall not be stayed otherwise than by a restraining order which may
be granted by the Dutchess county legislature.
D. The county executive, subject to confirmation by the county legislature, may
designate three (3) members of the legislature as an appellate panel to hear the
appeal.
E. A time shall be fixed for the hearing of the appeal, and notices of the hearing
shall be mailed to the appellant and the board at least twenty (20) days before
the hearing. Upon the hearing any party may appear in person or by agent or by
attorney. The appellate panel may reverse or affirm, wholly or partly, or may
modify the decision or determination or action appealed from and shall make
such decision or determination as, in its opinion, ought to be made in the
premises and to that end shall have the powers of the board from which the
appeal is taken.
F. Any person or persons aggrieved by any decision made upon an appeal may
apply to the Supreme Court for review by a proceeding under Article 78 of the
Civil Practice Law and Rules, provided that the proceeding is commenced within
thirty (30) days after filing the decision in the office of the clerk to the legislature.
G. Said appeals shall be hearing de novo at which the proceedings of and the
evidence presented at the hearing before the board shall be considered, together
with such other evidence offered by the appellant or the board that the three (3)
members of the legislature hearing the appeal deem relevant to the issues
decided by the board.
H. All exhibits proposed by the appellant or the board to be submitted as evidence
at the hearing of the appeal shall be filed with the clerk to the legislature and by
personal delivery or by first class mail served upon the other party at least seven
(7) days prior to said hearing.
20. Construal of provisions.
Nothing contained herein shall be construed to obviate the necessity of procuring
a permit for work whenever required by statute, local law, resolution, building code or
ordinance of the municipality wherein such work is to be performed.
21. Penalties for offenses.
A. Any willful or negligent failure by any person to comply with the provisions of
section 3 hereof shall constitute a class A misdemeanor, punishable by a
fine not exceeding one thousand dollars ($1,000.) or imprisonment for a period
not exceeding one (1) year, or by both such fine and imprisonment. The
continuation of any offense shall constitute a separate and distinct misdemeanor
hereunder for each day the offense is continued.
B. Any person who, with intent to defraud or deceive, knowingly makes a false
statement in a home improvement contract, or in connection with the inducement
to make a home improvement contract, or in securing a license, or in any
proceeding with respect to the refusal, suspension, or revocation of a license, or
in any response to any order, demand, or inquiry by the board or by the
coordinator or his designee with respect to a license or with respect to any home
improvement contract shall be guilty of a class A misdemeanor, punishable by a
fine not exceeding one thousand dollars ($1,000.) or imprisonment for a period
not exceeding one (1) year, or by both such fine and imprisonment.
C. Any willful or negligent failure by any person to comply with the other sections of
this chapter shall constitute a violation and shall be punishable by a fine not
exceeding two hundred fifty dollars ($250.) or imprisonment for a period not
exceeding fifteen (15) days, or by both such fine and imprisonment. The
continuation of an offense shall constitute a separate and distinct violation
hereunder for each day the offense is continued.
D. The coordinator, as designated herein, and his employees shall have the power
to issue appearance tickets as the same are defined in article 150 of the criminal
procedure law.
E. In addition to any criminal penalties provided in the preceding subsections A, B,
and C of this section 21 which may be imposed by a court of competent
jurisdiction, an administrative notice of violation assessing a civil penalty not to
exceed three thousand dollars ($3000.) for any willful or negligent failure by any
person to comply with any provision of this chapter may be issued by the
coordinator, as designated herein, and his designees and sent by certified,
registered, or ordinary mail to the person who has failed to comply. Each failure
to comply with one or more separate and distinct provisions of this chapter shall
constitute a separate and distinct failure to comply, for each of which the
coordinator or his designees may issue a separate and distinct administrative
notice of violation assessing a civil penalty not to exceed three thousand dollars
($3000). The continuation of any failure to comply shall constitute a separate
and distinct failure to comply for each day the failure is continued. Any person
aggrieved by the assessment of any civil penalty by the coordinator or his
designees may, within thirty (30) days after the mailing of the notice of violation
appeal the assessment to the board. The coordinator may, with the consent of
the county executive, commence a civil action in any court of competent
jurisdiction to collect any civil penalty assessed pursuant to this subsection that
remains unpaid for more than thirty (30) days after the mailing of the notice of
violation or, if an appeal is taken to the board or if a further appeal is taken from
the board to the legislature, more than thirty (30) days after the determination by
the board or the appellate panel, as the case may be.
F. Nothing herein contained shall prevent the coordinator, as designated herein, his
designees, the board, or other employee of the county designated by the board
from proceeding to enforce the requirements of this chapter by any one or any
combination, successively or simultaneously, of the following: criminal
proceedings as provided in subsections A, B, C, and D of this section; civil
penalty as provided in subsection E of this section; or civil action for injunctive,
declaratory, monetary, or other relief.
G. The coordinator may refuse to issue a license or a renewal thereof to any person
who has failed to pay any fine or civil penalty imposed pursuant to this chapter.
Any person aggrieved by the refusal by the coordinator to issue or a license or a
renewal thereof pursuant to this subsection may, within thirty (30) days after the
mailing of the notice of such refusal, appeal the refusal to the board. The board
may suspend or revoke the license of, or refuse to issue a license or a renewal
thereof to, any person who has failed to pay any fine or civil penalty imposed
pursuant to this chapter.
22. Coordinator's Powers.
A. The coordinator and his designees may conduct initial investigations of
complaints filed with his office with regard to violation(s) of this chapter or of rules
or regulations adopted hereunder.
B. The coordinator and his designees may conduct an initial hearing or hearings for
the purpose of taking testimony, reporting findings of fact, recommendations and
decisions as a hearing officer concerning any investigation, inquiries or violations
of this section or rule or regulation adopted hereunder.
C. Any person or persons aggrieved by the action of the coordinator's or his
designees' recommendations and decisions may take an appeal therefrom to the
board within thirty (30) days after the same has been filed with the board.
23. Separability.
If any part of this local law, or the application thereof to any person or
circumstances shall be it judged invalid by any court of competent jurisdiction, such
judgment shall be confined it its operation to the parts of the provision directly involved
in the controversy in which such judgment shall have been rendered and shall not affect
or impair the validity of the remainder of this law or the application thereof to any other
persons or circumstances.
Section 2. Rules and Regulations
Rules and regulations in effect on the effective date of this local law shall
continue in full force and effect until they shall have been amended or other rules and
regulations shall have been adopted in accordance with this chapter.
Section 3. Effective Date.
This local law shall take effect immediately upon filing in the office of the
secretary of state pursuant to section 27 of the municipal home law rule.
Rules and Regulations
Relating to the
Licensing of Home Improvement Contractors
In Dutchess County
1) There shall be established categories of licenses according to the attached
schedule ("Appendix A").
2) In order to be licensed for a specific category, an applicant must furnish proof
of the requisite minimum experience and/or education for that category.
3) An applicant must furnish proof of the minimum liability insurance required for
the category applied for.
4) Work performed by a licensed contractor must be within the scope of the
category for which he is licensed.
5) An applicant may apply for up to three categories of license with one
application, provided however that he meets the most stringent minimum
experience and/or education requirements of the three and provides proof
that he carries the greatest amount of liability insurance specified of the three.
6) All persons who, at the time of the enactment of these rules and regulations,
hold a valid license under Chapter --- of the Laws of Dutchess County will
be licensed for that category of license which they previously declared on
their license application and for which they submitted a record of experience
and/or education.
7) All persons licensed as per Rule#6 above, who wish to apply for additional
categories of license or a different category of license, must furnish proof of
the requisite minimum experience and/or education for that category applied
for, as well as the minimum liability insurance required for the category
applied for.
8) Fees:
a) Application for a two year license - $ 600.00
b) Renewal for a two year home improvement license $ 400.00
c) Late fee - for renewals not received by the 16th of the month in whi ch they
are due $ 50.00
d) Late fee for renewals received between thirty and ninety days past their
expiration date $ 100.00
e) License Sticker Decal- $ 10.00
9) Note: All fees are non-refundable.
10) Note: Payment of all fees will be by check or Money Order.
11) Note: Odd numbered licenses shall be required to renew for a one-year
period for a fee of two hundred dollars ($200.) during the first twelve (12)
months from the effective date of these rules and regulations. All subsequent
renewals shall be for a two-year period.
12) Note: See Appendix A for minimum qualifications for licensing under the
various classifications under this title.
13) Note: Two reference letters, on business letterhead, are required to
accompany all applications. They shall be from former employers, architects,
engineers, inspectors or certified contractor in the trade. These letters must
contain the following information: length of time applicant known, relationship
to applicant, exact dates employed, employment capacity, duties and
business or profession of reference. Such letter shall also indicate what
municipal or state licenses you hold, your name, address, telephone and any
other additional information you wish to supply.
14) License issuance:
a) A CORPORATION must submit a copy of the filing receipt showing the
filing of the corporation with the State of New York, Secretary of State.
b) A FOREIGN CORPORATION must submit a copy of the filing receipt from
the State of New York Secretary of State granting the corporation the
authority to do business in New York State.
c) A DOMESTIC OR FOREIGN CORPORATION with an ASSUMED NAME
must submit a copy of the filing receipt from the State of New York
Secretary of State granting use of the assumed name in the county of
Rockland.
d) A PARTNERSHIP, conducting business under a trade name, must submit
a copy of a fully executed partnership agreement and a certified copy of
the partnership certificate on file in the County Clerk's Office. All
information except partnership name, address, partners percentage of
ownership, and signature page shall be redacted.
e) AN INDIVIDUAL operating under a trade name must submit a certified
copy of the business certificate on file in the County Clerk's Office.
15) Insurance:
a) Valid certificate of liability insurance in the amount set according to the
license classification table in Appendix A naming the County of Dutchess
Office of Consumer Protection as certificate holder for licensing purposes
must be submitted at time of issuance of license and renewal.
b) In addition, "Proof of Completed Operations" Insurance must be submitted
at the time of issuance of and renewal.
c) In the event that a Home Improvement Contractor has no employees
and/or does not hire subcontractors, and/or is an out-of-state contractor
additional forms as prescribed by the New York State Workers'
Compensation Board will be submitted before license is issued and
license is renewed.
d) The Home Improvement Contractor is responsible for submitting updated
certificates of insurance within ten (10) days from the expiration date
noted on the certificate previously submitted and on file.
16) Attendance by Board Members:
a) Members of the board shall be required to attend sixty percent (60%) of all
regular meetings scheduled by the board in the calendar year, and failure
to do so may result in the board submitting a letter to the county executive
recommending this member be removed for failure to attend regularly
scheduled board meetings.
17) License decal stickers and Truck Lettering and/or Job Site Signs:
a) Application for license sticker decal issued by the county of Dutchess shall
be accompanied by motor vehicle registration for all vehicles used in the
course of business.
b) License decal stickers shall be affixed to the rear of the vehicle.
c) All vehicles operated and used in the course of business shall be properly
lettered, including company name and license number.
d) Lettering shall be applied on both sides and rear of the vehicle.
e) All lettering shall be minimum three inches in height.
f) Magnetic signs are permissible.
g) Job site sign shall be a minimum of twenty inches by thirty inches.
18) Change of Address:
a) Licensee shall notify the Board within thirty (30) days of any change of
address.
19) Change of Business Name or Control in Ownership:
a) Licensee shall apply to Board if there is to be a change in the business
name or control in ownership.
20) Surrendering license:
a) Licensee may apply for inactive status for no more than a six month
period. Licensee must submit a signed statement indicating desire to
surrender license, the period that applying for, and return the license
issued by Dutchess County.