Resolution No. 636

Amending The 2023 - 2028 Capital Improvement Program - Amending Capital Project No. 574 - UCAT Rooftop Solar Installation - Amending The 2023 Capital Fund Budget - Authorizing Execution Of An Intermunicipal Agreement With The Power Authority Of New York (NYPA) – Department Of The Environment

Resolution Information




Referred to:  The Energy, Environment and Sustainability Committee (Chairwoman Greene and Legislators Hansut, Erner, Maloney, and Stewart), The Public Works, Capital Projects and Transportation Committee (Chairwoman Petit and Legislators Fabiano, Litts, Nolan, and Stewart), and The Ways and Means Committee (Chairman Gavaris and Legislators Cahill, Fabiano, Ronk, and Walter)


Chairwoman of the Energy, Environment and Sustainability Committee, Manna Jo Greene, and Deputy Chair Gina Hansut offer the following:


WHEREAS, this resolution has been submitted at the request of the Acting County Executive on behalf of the Department of the Environment; and


WHEREAS, Ulster County was awarded a grant of $100,000 through the State and Municipal Facilities (“SAM”) program to support a rooftop solar project at the UCAT facility that would provide locally generated renewable electricity to help power the fleet buses and the UCAT facility; and


WHEREAS, Capital Project No. 574 was established pursuant to Resolution No. 302 dated September 15, 2020, in the amount of $100,000.00 for acceptance of the SAM grant funding for construction of a rooftop solar installation at UCAT; and


WHEREAS, Capital Project No. 568 for electric bus charging infrastructure included electrical design and site preparation work to make the UCAT bus garage rooftop solar PV-ready; and


WHEREAS, Public Authorities Law §1005(17) permits the Power Authority of New York (NYPA) to finance and design, develop, construct, implement, provide and administer energy-related projects, programs and services for any public entity; and


WHEREAS, pursuant to Resolution No. 72 of 2019, the County has executed a Master Cost Recovery Agreement with NYPA for implementation of such energy-related projects, programs and services as authorized by the Public Authorities Law; and


WHEREAS, the County wishes to maximize the amount of rooftop solar photovoltaic (PV) capacity at the facility and install the maximum fit design of approximately 145 kilowatts (KW) at a total project cost of $557,531.00 as proposed by the New York Power Authority, an increase from the PV capacity of 90KW that was estimated in the 2023-2028 Capital Improvement Program; and



WHEREAS, upon execution of the Authorization to Proceed agreement with NYPA, NYPA will commence procurement for design and construction of the solar PV system; and


WHEREAS, the project qualifies for the New York State Energy Research and Development Authority (NYSERDA) NY-SUN MW Block program Upstate Region Nonresidential Block 9 incentive of $0.35 per Watt DC; and


WHEREAS, the Department of the Environment requests that Capital Project No. 574 be funded for the additional project cost not funded by the SAM grant in the amount of $457,531.00, for a total project cost of $557,531.00; and


WHEREAS, based upon examination by the Ulster County Legislature, the County’s funding of this Project constitutes a Type II action as defined under Sections 2.1 of the County of Ulster’s State Environmental Quality Review Act (SEQRA) Type II List, which was adopted pursuant to Resolution No. 118 dated April 20, 2010, and


WHEREAS, Ulster County has determined that this funding action does not pose a significant potential environmental impact and may be progressed as a Type II action in accordance with 6 NYCRR Part 617 of SEQRA, and does not require any further determination or procedure under SEQRA; now, therefore be it


RESOLVED, that the Chair of the Ulster County Legislature is hereby authorized to execute an Authorization to Proceed (ATP), a Customer Project Commitment (CPC) and any amendments thereto with NYPA, in the form as filed with the Clerk of the Ulster County Legislature or as modified with the approval of the County Attorney, for the installation of rooftop solar PV at the Ulster County Area Transit facility; and, be it further


RESOLVED, that the 2023-2028 Ulster County Capital Improvement Program is amended as follows:


                                                  INCREASE                               AMOUNT


Capital Project No. 574      UCAT Rooftop Solar Installation            $269,531.00


and, be it further



RESOLVED, that Capital Project No. 574 is hereby amended as follows:


                                                   INCREASE                                  AMOUNT


Capital Project No. 574       UCAT Rooftop Solar Installation              $457,531.00


RESOLVED, that the 2023 Ulster County Capital Fund budget is hereby amended as follows:


                                        INCREASE                               AMOUNT


HH.8997.0574-2300-2550           Construction                               $457,531.00 (App. #)


HH.8997.0574.3500.5710            Serial Bonds                                $457,531.00

(Rev. #),


and moves its adoption.





AYES:                        NOES:     



Passed Committee:  Energy, Environment and Sustainability on ______________.


Passed Committee:  Public Works, Capital Projects and Transportation on _______.


Passed Committee:  Ways and Means on ______________.









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Updated: January 9, 2023