S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   13

                       Third Extraordinary Session

                          I N  A S S E M B L Y

                            November 29, 2010
                               ___________

Introduced by COMMITTEE ON RULES -- (at request of the Governor) -- read
  once and referred to the Committee on Ways and Means

AN  ACT to amend the public service law, the public authorities law, the
  real property law, the lien law, the administrative code of  the  city
  of  New York, the emergency tenant protection act of nineteen seventy-
  four and the emergency housing rent control law, in relation to  green
  jobs-green New York on-bill financing

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2 of section 18-a of the public service law  is
amended by adding a new paragraph (h) to read as follows:
  (H)  ON-BILL  FINANCING CHARGES BILLED PURSUANT TO SECTION SIXTY-SIX-M
OF THIS CHAPTER SHALL BE EXCLUDED FROM ANY DETERMINATION OF AN  ENTITY'S
GROSS  OPERATING REVENUES DERIVED FROM INTRASTATE UTILITY OPERATIONS FOR
PURPOSES OF THIS SECTION.
  S 2. Section 42 of the public service law is amended by adding  a  new
subdivision 3 to read as follows:
  3.  THE  RIGHTS  AND RESPONSIBILITIES OF RESIDENTIAL CUSTOMERS PARTIC-
IPATING IN GREEN JOBS-GREEN  NEW  YORK  ON-BILL  FINANCING  PURSUANT  TO
SECTION SIXTY-SIX-M OF THIS CHAPTER SHALL BE SUBSTANTIALLY COMPARABLE TO
THOSE OF GAS AND ELECTRIC CUSTOMERS NOT PARTICIPATING IN SUCH FINANCING,
AND CHARGES FOR ON-BILL FINANCING SHALL BE TREATED AS CHARGES FOR UTILI-
TY SERVICE FOR THE PURPOSE OF THIS ARTICLE, PROVIDED THAT:
  (A)  ALL  DETERMINATIONS AND SAFEGUARDS RELATED TO THE TERMINATION AND
RECONNECTION OF SERVICE SHALL APPLY TO ON-BILL FINANCING CHARGES  BILLED
BY A UTILITY PURSUANT TO SUCH SECTION;
  (B)  IN  THE EVENT THAT THE RESPONSIBILITY FOR MAKING UTILITY PAYMENTS
HAS BEEN ASSUMED BY OCCUPANTS OF A MULTIPLE DWELLING PURSUANT TO SECTION
THIRTY-THREE OF THIS ARTICLE OR BY OCCUPANTS OF  A  TWO-FAMILY  DWELLING
PURSUANT  TO  SECTION  THIRTY-FOUR OF THIS ARTICLE, SUCH OCCUPANTS SHALL
NOT BE BILLED FOR ANY  ARREARS  OF  ON-BILL  FINANCING  CHARGES  OR  ANY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD18289-01-0
              

A. 13                               2

PROSPECTIVE  ON-BILL FINANCING CHARGES, WHICH SHALL REMAIN THE RESPONSI-
BILITY OF THE INCURRING CUSTOMER;
  (C)  DEFERRED  PAYMENT  AGREEMENTS PURSUANT TO SECTION THIRTY-SEVEN OF
THIS ARTICLE SHALL BE AVAILABLE TO CUSTOMERS  PARTICIPATING  IN  ON-BILL
FINANCING  ON  THE  SAME TERMS AS OTHER CUSTOMERS, AND THE UTILITY SHALL
RETAIN THE SAME DISCRETION TO DEFER TERMINATION OF SERVICE  AS  FOR  ANY
OTHER DELINQUENT CUSTOMER;
  (D)  WHERE  A  CUSTOMER HAS A BUDGET BILLING PLAN OR LEVELIZED PAYMENT
PLAN PURSUANT TO SECTION THIRTY-EIGHT OF THIS ARTICLE, THE UTILITY SHALL
RECALCULATE THE PAYMENTS  UNDER  SUCH  PLAN  TO  REFLECT  THE  PROJECTED
EFFECTS  OF INSTALLING ENERGY EFFICIENCY MEASURES AS SOON AS PRACTICABLE
AFTER RECEIPT OF INFORMATION ON THE ENERGY AUDIT  AND  QUALIFIED  ENERGY
EFFICIENCY SERVICES SELECTED;
  (E)  ON-BILL  FINANCING CHARGES SHALL NOT BE SUBJECT TO THE PROVISIONS
OF SECTION FORTY-ONE OF THIS ARTICLE;
  (F) LATE PAYMENT CHARGES ON UNPAID ON-BILL FINANCING CHARGES SHALL  BE
DETERMINED  AS PROVIDED IN THIS SECTION, OR AS OTHERWISE CONSENTED TO BY
THE CUSTOMER IN THE AGREEMENT FOR  GREEN  JOBS-GREEN  NEW  YORK  ON-BILL
FINANCING  AND  ANY SUCH CHARGES SHALL BE REMITTED TO THE NEW YORK STATE
ENERGY RESEARCH AND DEVELOPMENT AUTHORITY;
  (G) NOTWITHSTANDING THE PROVISIONS  OF  SECTION  FORTY-THREE  OF  THIS
ARTICLE,  WHEN A COMPLAINT IS RELATED SOLELY TO WORK PERFORMED UNDER THE
GREEN JOBS-GREEN NEW YORK  PROGRAM  OR  TO  THE  APPROPRIATE  AMOUNT  OF
ON-BILL  FINANCING CHARGES, THE UTILITY SHALL ONLY BE REQUIRED TO INFORM
THE CUSTOMER OF THE COMPLAINT HANDLING PROCEDURES OF THE NEW YORK  STATE
ENERGY  RESEARCH AND DEVELOPMENT AUTHORITY, WHICH SHALL RETAIN RESPONSI-
BILITY FOR HANDLING SUCH COMPLAINTS, AND SUCH COMPLAINTS  SHALL  NOT  BE
DEEMED  TO  BE  COMPLAINTS ABOUT UTILITY SERVICE IN ANY OTHER COMMISSION
ACTION OR PROCEEDING; AND
  (H) BILLING INFORMATION PROVIDED PURSUANT  TO  SECTION  FORTY-FOUR  OF
THIS  ARTICLE  SHALL  INCLUDE  INFORMATION  ON GREEN JOBS-GREEN NEW YORK
ON-BILL FINANCING CHARGES, INCLUDING THE BASIS FOR SUCH CHARGES, AND ANY
INFORMATION OR INSERTS PROVIDED BY THE NEW YORK  STATE  ENERGY  RESEARCH
AND  DEVELOPMENT AUTHORITY RELATED THERETO.  IN ADDITION, AT LEAST ANNU-
ALLY THE AUTHORITY SHALL PROVIDE THE UTILITY WITH INFORMATION FOR INCLU-
SION OR INSERTION IN THE CUSTOMER'S BILL THAT SETS FORTH THE AMOUNT  AND
DURATION  OF  REMAINING  ON-BILL  FINANCING  CHARGES AND THE AUTHORITY'S
CONTACT INFORMATION AND PROCEDURES  FOR  RESOLVING  CUSTOMER  COMPLAINTS
WITH SUCH CHARGES.
  S  3.  Paragraph  (d)  of  subdivision  6  of section 65 of the public
service law, as added by chapter 204 of the laws of 2010, is amended  to
read as follows:
  (d)  for  installation of capital improvements and fixtures to promote
energy efficiency upon the request and consent of the customer,  INCLUD-
ING  BUT  NOT  LIMITED TO THE PERFORMANCE OF QUALIFIED ENERGY EFFICIENCY
SERVICES FOR  CUSTOMERS  PARTICIPATING  IN  GREEN  JOBS-GREEN  NEW  YORK
ON-BILL FINANCING PURSUANT TO SECTION SIXTY-SIX-M OF THIS ARTICLE.
  S 4. The public service law is amended by adding a new section 66-m to
read as follows:
  S  66-M.  GREEN  JOBS-GREEN  NEW  YORK  ON-BILL FINANCING.   1.(A) THE
COMMISSION SHALL REQUIRE EACH  GAS  AND  ELECTRIC  CORPORATION  TO  FILE
TARIFFS TO PROVIDE FOR THE BILLING AND COLLECTION OF ON-BILL CHARGES FOR
PAYMENT OF OBLIGATIONS OF ITS CUSTOMERS TO THE GREEN JOBS-GREEN NEW YORK
REVOLVING  LOAN  FUND  ESTABLISHED  PURSUANT  TO TITLE NINE-A OF ARTICLE
EIGHT OF THE PUBLIC AUTHORITIES LAW. TO THE EXTENT PRACTICABLE, GAS  AND
ELECTRIC CORPORATIONS SHALL UTILIZE EXISTING ELECTRONIC DATA INTERCHANGE

A. 13                               3

INFRASTRUCTURE  OR  OTHER  EXISTING  BILLING INFRASTRUCTURE TO IMPLEMENT
THEIR BILLING AND COLLECTION RESPONSIBILITIES UNDER THIS SECTION. TO THE
MAXIMUM EXTENT PRACTICABLE, ELECTRIC AND GAS CORPORATIONS SHALL  UTILIZE
FUNDING  AVAILABLE  FROM THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP-
MENT AUTHORITY TO DEFRAY  ANY  COSTS  ASSOCIATED  WITH  ELECTRONIC  DATA
INTERCHANGE  IMPROVEMENTS  OR OTHER COSTS OF INITIATING AND IMPLEMENTING
THIS PROGRAM. WITHIN SIXTY DAYS OF THE EFFECTIVE DATE OF  THIS  SECTION,
THE  COMMISSION  SHALL REQUIRE ALL ELECTRIC AND GAS CORPORATIONS TO FILE
TARIFFS  TO  IMPLEMENT  BILLING  AND  COLLECTION  SERVICES   FOR   GREEN
JOBS-GREEN  NEW  YORK  FINANCING  CHARGES  FOR ELIGIBLE CUSTOMERS WITHIN
THEIR SERVICE TERRITORIES. WITHIN ONE HUNDRED FIFTY DAYS OF  THE  EFFEC-
TIVE  DATE  OF  THIS SECTION AND CONSISTENT WITH THE REQUIREMENTS OF THE
STATE ADMINISTRATIVE PROCEDURE ACT,  THE  COMMISSION  SHALL  TAKE  FINAL
ACTION  ON  SUCH  TARIFFS  AND SHALL PROVIDE THAT BILLING AND COLLECTION
SERVICES UNDER SUCH TARIFFS SHALL COMMENCE AS SOON AS PRACTICABLE THERE-
AFTER.
  (B) TO ENSURE PROPER PROGRAM DESIGN AND IMPLEMENTATION, EACH  ELECTRIC
AND  GAS  CORPORATION  SHALL INITIALLY LIMIT THE NUMBER OF CUSTOMERS WHO
PAY A GREEN JOBS-GREEN NEW YORK ON-BILL CHARGE AT ANY GIVEN TIME  TO  NO
MORE  THAN  ONE  HALF  OF ONE PERCENT OF ITS TOTAL CUSTOMERS, ON A FIRST
COME, FIRST SERVED BASIS. PRIOR TO REACHING SUCH  LIMIT,  THE  NEW  YORK
STATE  ENERGY  RESEARCH  AND  DEVELOPMENT  AUTHORITY  SHALL PETITION THE
COMMISSION TO REVIEW SAID LIMIT, AND THE COMMISSION SHALL INCREASE  SUCH
LIMIT  UNLESS  THE  COMMISSION FINDS THAT THE PROGRAM HAS CAUSED SIGNIF-
ICANT HARM TO THE ELECTRIC OR GAS COMPANY OR ITS RATEPAYERS.
  (C) THE COMMISSION MAY SUSPEND AN ELECTRIC OR GAS CORPORATION'S OFFER-
ING OF THE ON-BILL FINANCE CHARGE PROVIDED THAT THE COMMISSION  MAKES  A
FINDING  THAT THERE IS A SIGNIFICANT INCREASE IN UTILITY SERVICE DISCON-
NECTIONS THAT THE COMMISSION  DETERMINES  IS  DIRECTLY  RELATED  TO  THE
ON-BILL CHARGE, OR A FINDING OF OTHER GOOD CAUSE.
  (D) THE ON-BILL CHARGE SHALL BE COLLECTED ON THE BILL FROM THE CUSTOM-
ER'S   ELECTRIC  CORPORATION  UNLESS  THE  QUALIFIED  ENERGY  EFFICIENCY
SERVICES AT THAT CUSTOMER'S PREMISES RESULT  IN  MORE  PROJECTED  ENERGY
SAVINGS ON THE CUSTOMER'S GAS BILL THAN THE ELECTRIC BILL, IN WHICH CASE
THE  ON-BILL CHARGE SHALL BE COLLECTED ON THE CUSTOMER'S GAS CORPORATION
BILL.
  2. TARIFFS FOR THE COLLECTION AND BILLING  OF  ON-BILL  CHARGES  SHALL
PROVIDE:
  (A)  THAT  BILLING  AND  COLLECTION SERVICES SHALL BE AVAILABLE TO ALL
CUSTOMERS WHO HAVE MET THE STANDARDS ESTABLISHED BY THE NEW  YORK  STATE
ENERGY  RESEARCH  AND  DEVELOPMENT  AUTHORITY  FOR  PARTICIPATION IN THE
ON-BILL FINANCING MECHANISM UNDER THE GREEN JOBS-GREEN NEW YORK  PROGRAM
AND  HAVE  EXECUTED AN AGREEMENT FOR THE PERFORMANCE OF QUALIFIED ENERGY
EFFICIENCY SERVICES UNDER SUCH  PROGRAM;  PROVIDED,  HOWEVER,  THAT  FOR
RESIDENTIAL  PROPERTIES ANY SUCH CUSTOMER MUST HOLD PRIMARY OWNERSHIP OR
REPRESENT THE PRIMARY OWNER OR OWNERS OF THE PREMISES AND  HOLD  PRIMARY
METER  ACCOUNT RESPONSIBILITY OR REPRESENT THE PRIMARY HOLDER OR HOLDERS
OF METER ACCOUNT RESPONSIBILITY FOR ALL METERS  TO  WHICH  SUCH  ON-BILL
FINANCING CHARGES WILL APPLY;
  (B)  THAT  THE RESPONSIBILITIES OF THE ELECTRIC OR GAS CORPORATION ARE
LIMITED TO PROVIDING BILLING AND COLLECTION SERVICES FOR ON-BILL CHARGES
AS DIRECTED BY THE AUTHORITY;
  (C) THAT THE RIGHTS  AND  RESPONSIBILITIES  OF  RESIDENTIAL  CUSTOMERS
PAYING  ON-BILL  CHARGES  SHALL BE GOVERNED BY THE PROVISIONS OF ARTICLE
TWO OF THIS CHAPTER;

A. 13                               4

  (D) UNLESS FULLY SATISFIED PRIOR TO SALE OR  TRANSFER,  THAT  (I)  THE
ON-BILL  CHARGES  FOR  ANY  SERVICES PROVIDED AT THE CUSTOMER'S PREMISES
SHALL SURVIVE CHANGES IN OWNERSHIP, TENANCY OR METER  ACCOUNT  RESPONSI-
BILITY,  AND  (II) THAT ARREARS IN ON-BILL FINANCING CHARGES AT THE TIME
OF  ACCOUNT CLOSURE OR METER TRANSFER SHALL REMAIN THE RESPONSIBILITY OF
THE  INCURRING  CUSTOMER,  UNLESS  EXPRESSLY  ASSUMED  BY  A  SUBSEQUENT
PURCHASER OF THE PROPERTY SUBJECT TO SUCH ON-BILL CHARGES;
  (E)  THAT  UNDERPAYMENTS  OF  BILLS SHALL BE ALLOCATED BETWEEN ON-BILL
FINANCING CHARGES AND OTHER CHARGES IN THE SAME PROPORTION SUCH  CHARGES
COMPRISE OF THE OVERALL BILL TOTAL;
  (F)  BILLING AND COLLECTION SERVICES SHALL BE AVAILABLE WITHOUT REGARD
TO WHETHER THE ENERGY OR FUEL DELIVERED BY THE UTILITY IS THE CUSTOMER'S
PRIMARY ENERGY SOURCE;
  (G) UNLESS OTHERWISE PRECLUDED BY  LAW,  PARTICIPATION  IN  THE  GREEN
JOBS-GREEN  NEW  YORK  PROGRAM SHALL NOT AFFECT A CUSTOMER'S ELIGIBILITY
FOR ANY REBATE OR INCENTIVE OFFERED BY A UTILITY; AND
  (H) ANY OTHER PROVISIONS NECESSARY TO  PROVIDE  FOR  THE  BILLING  AND
COLLECTION OF ON-BILL CHARGES.
  3. THE COMMISSION SHALL NOT APPROVE ANY APPLICATION FOR THE CONVERSION
TO  SUBMETERING  OF  ANY  MASTER  METER  WHICH IS SUBJECT TO ANY ON-BILL
FINANCING CHARGES.
  S 5. Sections 1020-hh, 1020-ii and 1020-jj of the  public  authorities
law,  as  renumbered  by chapter 433 of the laws of 2009, are renumbered
sections 1020-ii, 1020-jj and 1020-kk and a new section 1020-hh is added
to read as follows:
  S 1020-HH.  GREEN JOBS-GREEN NEW YORK ON-BILL FINANCING.  1.    WITHIN
ONE  HUNDRED  FIFTY  DAYS  OF  THE  EFFECTIVE  DATE OF THIS SECTION, THE
AUTHORITY SHALL ESTABLISH A PROGRAM  TO  PROVIDE  FOR  THE  BILLING  AND
COLLECTION  OF ON-BILL CHARGES FOR PAYMENT OF OBLIGATIONS OF ITS CUSTOM-
ERS TO THE GREEN JOBS-GREEN NEW YORK  REVOLVING  LOAN  FUND  ESTABLISHED
PURSUANT TO TITLE NINE-A OF ARTICLE EIGHT OF THE PUBLIC AUTHORITIES LAW.
SUCH  PROGRAM SHALL BE CONSISTENT WITH THE STANDARDS SET FORTH IN SUBDI-
VISION THREE OF SECTION FORTY-TWO AND SECTION SIXTY-SIX-M OF THE  PUBLIC
SERVICE  LAW.  TO THE MAXIMUM EXTENT PRACTICABLE, FUNDING AVAILABLE FROM
THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT  AUTHORITY  SHALL  BE
UTILIZED TO DEFRAY ANY COSTS ASSOCIATED WITH ELECTRONIC DATA INTERCHANGE
IMPROVEMENTS OR OTHER COSTS OF INITIATING AND IMPLEMENTING THIS PROGRAM.
BILLING  AND  COLLECTION  SERVICES  UNDER SUCH TARIFFS SHALL COMMENCE AS
SOON AS PRACTICABLE AFTER ESTABLISHMENT OF THE PROGRAM.
  2. THE AUTHORITY MAY SUSPEND  ITS  OFFERING  OF  THE  ON-BILL  FINANCE
CHARGE  PROVIDED  THAT  THE  AUTHORITY  MAKES  A FINDING THAT THERE IS A
SIGNIFICANT INCREASE IN UTILITY SERVICE DISCONNECTIONS THAT THE AUTHORI-
TY DETERMINES IS DIRECTLY RELATED TO THE ON-BILL CHARGE, OR A FINDING OF
OTHER GOOD CAUSE.
  S 6. Section 1896 of the public authorities law, as added  by  chapter
487 of the laws of 2009, is amended to read as follows:
  S 1896. Green jobs-green New York revolving loan fund. 1. (a) There is
hereby  created  a  green  jobs-green  New York revolving loan fund. The
revolving loan fund shall consist of:
  (i) all moneys made available for the purpose of  the  revolving  loan
fund pursuant to section eighteen hundred ninety-nine-a of this title;
  (ii)  payments  of  principal and interest, INCLUDING ANY LATE PAYMENT
CHARGES, made pursuant to loan or financing agreements entered into with
the authority or its designee pursuant to this section; and
  (iii) any interest earned by the investment of moneys in the revolving
loan fund.

A. 13                               5

  (b) The revolving loan fund shall consist of two accounts:
  (i) one account which shall be maintained for monies to be made avail-
able  to  provide loans to finance the cost of approved qualified energy
efficiency services for residential structures and  multi-family  struc-
tures, and
  (ii)  one  account which shall be maintained for monies made available
to provide loans to finance the cost of approved qualified energy  effi-
ciency  services  for non-residential structures. The initial balance of
the residential account established in [clause] SUBPARAGRAPH (i) of this
paragraph shall represent at least fifty percent of the total balance of
the two accounts. The authority shall not commingle the  monies  of  the
revolving  loan  fund  with any other monies of the authority or held by
the authority, nor shall the  authority  commingle  the  monies  between
accounts.  Payments  of  principal, interest and fees shall be deposited
into the account created and maintained  for  the  appropriate  type  of
eligible project.
  (c)  In  administering  such  program, the authority is authorized and
directed to:
  (i) use monies made available for the revolving loan fund  to  achieve
the  purposes  of this section by section eighteen hundred ninety-nine-a
of this title, including but not limited to making loans  available  for
eligible projects;
  (ii)  enter  into  contracts  with one or more program implementers to
perform such functions as the authority deems appropriate; [and]
  (iii) ESTABLISH AN ON-BILL FINANCING MECHANISM FOR REPAYMENT OF  LOANS
FOR THE PERFORMANCE OF QUALIFIED ENERGY EFFICIENCY SERVICES FOR ELIGIBLE
PROJECTS  PROVIDED  THAT  SUCH ON-BILL FINANCING MECHANISM SHALL PROVIDE
FOR THE UTILIZATION OF ANY ON-BILL FINANCING PROGRAMS ESTABLISHED PURSU-
ANT TO SECTION SIXTY-SIX-M OF THE PUBLIC SERVICE  LAW  AND  SECTION  ONE
THOUSAND TWENTY-HH OF THIS CHAPTER;
  (IV)  ESTABLISH  STANDARDS  FOR CUSTOMER PARTICIPATION IN SUCH ON-BILL
FINANCING MECHANISM,  INCLUDING  STANDARDS  FOR  RELIABLE  UTILITY  BILL
PAYMENT,  CURRENT  GOOD  STANDING  ON ANY MORTGAGE OBLIGATIONS, AND SUCH
ADDITIONAL STANDARDS AS THE AUTHORITY DEEMS NECESSARY; PROVIDED THAT  IN
ORDER  TO PROVIDE BROAD ACCESS TO ON-BILLING FINANCING THE AUTHORITY MAY
MAINTAIN DIFFERENT STANDARDS FOR DIFFERENT CATEGORIES OF CUSTOMERS WHICH
SHALL BE PRUDENT AND, TO THE FULLEST EXTENT PRACTICABLE,  SHALL  INCLUDE
PARTICIPATION  BY CUSTOMERS WHO ARE LESS LIKELY TO HAVE ACCESS TO TRADI-
TIONAL SOURCES OF FINANCING; AND
  (V) exercise such other powers as are necessary for the proper  admin-
istration  of the program, INCLUDING AT THE DISCRETION OF THE AUTHORITY,
ENTERING INTO AGREEMENTS WITH APPLICANTS AND WITH SUCH STATE OR  FEDERAL
AGENCIES  AS  NECESSARY TO DIRECTLY RECEIVE REBATES AND GRANTS AVAILABLE
FOR ELIGIBLE PROJECTS AND APPLY SUCH FUNDS  TO  REPAYMENT  OF  APPLICANT
LOAN OBLIGATIONS.
  2. (a) The authority shall provide financial assistance in the form of
loans  for  the  performance of qualified energy efficiency services for
eligible projects on terms and conditions established by the authority.
  (b) Loans made by the authority pursuant  to  this  section  shall  be
subject to the following limitations:
  (i)  eligible  projects shall meet cost effectiveness standards devel-
oped by the authority;
  (ii) loans shall not exceed thirteen thousand  dollars  per  applicant
for approved qualified energy efficiency services for residential struc-
tures, and twenty-six thousand dollars per applicant for approved quali-
fied   energy   efficiency   services  for  non-residential  structures,

A. 13                               6

PROVIDED, HOWEVER, THAT THE AUTHORITY MAY PERMIT A  LOAN  IN  EXCESS  OF
SUCH AMOUNTS IF THE TOTAL COST OF ENERGY EFFICIENCY MEASURES FINANCED BY
SUCH LOAN WILL ACHIEVE A PAYBACK PERIOD OF FIFTEEN YEARS OR LESS, BUT IN
NO  EVENT  SHALL  ANY  SUCH LOAN EXCEED TWENTY-FIVE THOUSAND DOLLARS PER
APPLICANT FOR RESIDENTIAL STRUCTURES  AND  FIFTY  THOUSAND  DOLLARS  PER
APPLICANT  FOR  NON-RESIDENTIAL  STRUCTURES; and for multi-family struc-
tures loans shall be in amounts determined by the  authority,  provided,
however,  that  the  authority shall assure that a significant number of
residential structures are included in the program; [and]
  (iii) NO FEES OR PENALTIES SHALL BE CHARGED OR COLLECTED  FOR  PREPAY-
MENT OF ANY SUCH LOAN; AND
  (IV)  loans  shall be at interest rates determined by the authority to
be no higher than necessary to make the provision of the qualified ener-
gy efficiency services feasible.
  In determining whether to make a loan, and the amount of any loan that
is made, the authority is authorized to consider whether  the  applicant
or  borrower  has received, or is eligible to receive, financial assist-
ance and other incentives from any other source for the qualified energy
efficiency services which would be the subject of the loan.   IN  DETER-
MINING  WHETHER A LOAN WILL ACHIEVE A PAYBACK PERIOD OF FIFTEEN YEARS OR
LESS PURSUANT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH, THE AUTHORITY  MAY
CONSIDER  THE  AMOUNT  OF  THE  LOAN  TO BE REDUCED BY THE AMOUNT OF ANY
REBATES FOR QUALIFIED ENERGY EFFICIENCY SERVICES RECEIVED BY THE  APPLI-
CANT OR BY THE AUTHORITY ON BEHALF OF AN APPLICANT.
  (c)  Applications  for  financial  assistance pursuant to this section
shall be reviewed and evaluated by the authority or its designee  pursu-
ant  to  eligibility  and qualification requirements and criteria estab-
lished by the authority. The authority shall establish standards for (i)
qualified energy efficiency services, and (ii) measurement and verifica-
tion of energy savings. Such standards shall meet or exceed  the  stand-
ards  used  by  the  authority  for similar programs in existence on the
effective date of this section.
  (d) The amount of a fee  paid  for  an  energy  audit  provided  under
section  eighteen  hundred ninety-five of this title may be added to the
amount of a loan that is made under this section to finance the cost  of
an  eligible project conducted in response to such energy audit. In such
a case, the amount of the fee may be reimbursed from  the  fund  to  the
borrower.
  (E)  THE AUTHORITY SHALL SECURE LOANS FOR THE PERFORMANCE OF QUALIFIED
ENERGY EFFICIENCY SERVICES THAT UTILIZE ON-BILL FINANCING THROUGH A LIEN
FILED AGAINST THE SUBJECT REAL PROPERTY. SUBSEQUENT  PURCHASERS  OF  THE
REAL  PROPERTY  SHALL  NOT BE REQUIRED TO PAY THE ON-BILL CHARGES UNLESS
SAID LIEN IS ACTUALLY FILED ON OR BEFORE THE CLOSING OF TITLE.
  (F) IN ESTABLISHING AN ON-BILL FINANCING MECHANISM:
  (I) THE COST-EFFECTIVENESS OF AN ELIGIBLE PROJECT SHALL  BE  EVALUATED
SOLELY  ON  THE BASIS OF THE COSTS AND PROJECTED SAVINGS TO THE APPLYING
CUSTOMER, USING STANDARD ENGINEERING ASSESSMENTS AND PRIOR BILLING  DATA
AND USAGE PATTERNS;
  (II)  THE  AUTHORITY  SHALL ESTABLISH A PROCESS FOR RECEIPT AND RESOL-
UTION OF CUSTOMER COMPLAINTS CONCERNING ON-BILL CHARGES AND FOR ADDRESS-
ING DELAYS AND DEFAULTS IN CUSTOMER PAYMENTS; AND
  (III) THE AUTHORITY MAY LIMIT THE AVAILABILITY OF LIGHTING MEASURES OR
HOUSEHOLD APPLIANCES THAT ARE NOT PERMANENTLY AFFIXED TO REAL PROPERTY.
  3. THE AUTHORITY SHALL EVALUATE THE COST-EFFECTIVENESS OF THE  ON-BILL
FINANCING MECHANISM ON AN ON-GOING BASIS.  (A) IN CONDUCTING SUCH EVALU-
ATION, THE AUTHORITY SHALL REQUEST EACH CUSTOMER TO PROVIDE:

A. 13                               7

  (I)  INFORMATION ON ENERGY USAGE AND/OR PERMISSION TO COLLECT INFORMA-
TION ON ENERGY USAGE FROM UTILITIES AND OTHER RETAIL VENDORS,  INCLUDING
BUT  NOT  LIMITED  TO  INFORMATION REQUIRED TO BE FURNISHED TO CONSUMERS
UNDER ARTICLE SEVENTEEN OF THE ENERGY LAW;
  (II)  INFORMATION  ON  OTHER  SOURCES OF ENERGY USED IN THE CUSTOMER'S
PREMISES; AND
  (III) INFORMATION ON ANY IMPROVEMENTS OR MODIFICATIONS TO THE PREMISES
THAT MAY SIGNIFICANTLY AFFECT ENERGY USAGE.
  (B) AT A MINIMUM THE AUTHORITY SHALL COLLECT AND MAINTAIN  INFORMATION
FOR  DATES  PRIOR  TO  THE  PERFORMANCE  OF  QUALIFIED ENERGY EFFICIENCY
SERVICES, TO ESTABLISH A BASELINE, AND FOR DATES COVERING  A  SUBSEQUENT
TIME  PERIOD  TO  MEASURE  THE EFFECTIVENESS OF SUCH MEASURES. SUCH DATA
SHALL BE CORRELATED WITH INFORMATION FROM THE ENERGY AUDIT AND ANY OTHER
RELEVANT INFORMATION, INCLUDING INFORMATION ON LOCAL WEATHER CONDITIONS,
AND SHALL BE USED TO EVALUATE  THE  ON-BILL  FINANCING  PROGRAM  AND  TO
IMPROVE THE ACCURACY OF PROJECTIONS OF COST-EFFECTIVENESS ON AN ON-GOING
BASIS.  AN  ANALYSIS OF SUCH DATA SHALL BE INCLUDED IN THE ANNUAL REPORT
PREPARED PURSUANT TO SECTION EIGHTEEN HUNDRED NINETY-NINE OF THIS TITLE.
  (C) ALL INFORMATION COLLECTED BY THE AUTHORITY SHALL  BE  CONFIDENTIAL
AND SHALL BE USED EXCLUSIVELY FOR THE PURPOSES OF THIS SUBDIVISION.
  S  7.  Subdivision 3 of section 1899 of the public authorities law, as
added by chapter 487 of the laws of 2009, is amended to read as follows:
  3. The status of the authority's activities and  outcomes  related  to
section  eighteen  hundred  ninety-six  of this title. Such report shall
include, but not be limited to: (a)  the  number  of  persons  who  have
applied for and received financial assistance through the revolving loan
fund;  (b)  the  revolving loan fund account balances; (c) the number of
loans in default; [and] (d) the amount and nature of the costs  incurred
by the authority for the activities described in paragraph (c) of subdi-
vision one of section eighteen hundred ninety-six of this title; AND (E)
THE  AUTHORITY'S  ACTIVITIES  AND  OUTCOMES  RELATED  TO ESTABLISHING AN
ON-BILL FINANCING MECHANISM, INCLUDING THE NUMBER OF  PERSONS  WHO  HAVE
APPLIED  FOR  AND  WHO  HAVE RECEIVED FINANCIAL ASSISTANCE THAT UTILIZES
ON-BILL FINANCING AND THE RESULTS OF THE  EVALUATION  PROGRAM  PERFORMED
PURSUANT  TO SUBDIVISION THREE OF SECTION EIGHTEEN HUNDRED NINETY-SIX OF
THIS TITLE;
  S 8. Section 242 of the real property law is amended by adding  a  new
subdivision 4 to read as follows:
  4.  DISCLOSURE  PRIOR  TO  THE  SALE OF REAL PROPERTY TO WHICH A GREEN
JOBS-GREEN NEW YORK ON-BILL CHARGE APPLIES. (A) ANY PERSON, FIRM, COMPA-
NY, PARTNERSHIP OR CORPORATION OFFERING TO SELL REAL PROPERTY  WHICH  IS
SUBJECT  TO A GREEN JOBS-GREEN NEW YORK ON-BILL CHARGE PURSUANT TO TITLE
NINE-A OF ARTICLE EIGHT OF THE  PUBLIC  AUTHORITIES  LAW  SHALL  PROVIDE
WRITTEN  NOTICE TO THE PROSPECTIVE PURCHASER OR THE PROSPECTIVE PURCHAS-
ER'S AGENT, STATING AS FOLLOWS: "THIS PROPERTY IS  SUBJECT  TO  A  GREEN
JOBS-GREEN  NEW  YORK  ON-BILL CHARGE". SUCH NOTICE SHALL ALSO STATE THE
TOTAL AMOUNT OF THE  ORIGINAL  CHARGE,  THE  PAYMENT  SCHEDULE  AND  THE
APPROXIMATE  REMAINING  BALANCE,  A DESCRIPTION OF THE ENERGY EFFICIENCY
SERVICES PERFORMED, INCLUDING  IMPROVEMENTS  TO  THE  PROPERTY,  AND  AN
EXPLANATION  OF  THE  BENEFIT OF THE GREEN JOBS-GREEN NEW YORK QUALIFIED
ENERGY EFFICIENCY SERVICES.  SUCH NOTICE SHALL BE PROVIDED BY THE SELLER
PRIOR TO ACCEPTING A PURCHASE OFFER.
  (B) ANY PROSPECTIVE OR ACTUAL PURCHASER WHO HAS SUFFERED A LOSS DUE TO
A VIOLATION OF THIS  SUBDIVISION  IS  ENTITLED  TO  RECOVER  ANY  ACTUAL
DAMAGES  INCURRED  FROM THE PERSON OFFERING TO SELL OR SELLING SAID REAL
PROPERTY.

A. 13                               8

  S 9. Subdivision 4 of section 2 of the lien law, as amended by chapter
925 of the laws of 1982, is amended to read as follows:
  4.  Improvement.  The  term  "improvement," when used in this chapter,
includes the demolition, erection, alteration or repair of any structure
upon, connected with, or beneath the surface of, any real  property  and
any  work  done upon such property or materials furnished for its perma-
nent improvement, and shall also include  any  work  done  or  materials
furnished in equipping any such structure with any chandeliers, brackets
or  other  fixtures or apparatus for supplying gas or electric light and
shall also include the drawing by any architect or engineer or surveyor,
of any plans or specifications or survey, which are prepared for or used
in connection with such improvement and shall also include the value  of
materials  actually manufactured for but not delivered to the real prop-
erty, and shall also include the reasonable rental value for the  period
of  actual  use  of  machinery,  tools  and  equipment  and the value of
compressed gases furnished for welding or cutting in connection with the
demolition, erection, alteration or repair of any real property, and the
value of fuel and lubricants consumed  by  machinery  operating  on  the
improvement,  or  by motor vehicles owned, operated or controlled by the
owner, or a contractor or subcontractor while engaged exclusively in the
transportation of materials to or from the improvement for the  purposes
thereof  and shall also include the performance of real estate brokerage
services in obtaining a lessee for a term of more than  three  years  of
all  or  any part of real property to be used for other than residential
purposes pursuant to a  written  contract  of  brokerage  employment  or
compensation;  AND SHALL ALSO INCLUDE THE PROVISION OF FINANCING THROUGH
AN ON-BILL FINANCING MECHANISM FOR THE PERFORMANCE OF  QUALIFIED  ENERGY
EFFICIENCY  SERVICES  UNDER THE GREEN JOBS-GREEN NEW YORK PROGRAM ESTAB-
LISHED BY TITLE NINE-A OF ARTICLE EIGHT OF THE PUBLIC AUTHORITIES LAW.
  S 10. Subdivision 1 of section 10 of the lien law, as amended by chap-
ter 288 of the laws of 2000, is amended to read as follows:
  1. Notice of lien may be filed at any time during the progress of  the
work  and the furnishing of the materials, or, within eight months after
the completion of the contract, or the final performance of the work, or
the final furnishing of the materials, dating from the last item of work
performed or materials furnished;  provided,  however,  that  where  the
improvement  is related to real property improved or to be improved with
a single family dwelling, the notice of lien may be filed  at  any  time
during the progress of the work and the furnishing of the materials, or,
within  four  months  after the completion of the contract, or the final
performance of the work, or  the  final  furnishing  of  the  materials,
dating  from  the  last  item  of work performed or materials furnished,
PROVIDED HOWEVER, THAT IN THE CASE OF A LIEN FILED BY THE NEW YORK STATE
ENERGY AND RESEARCH DEVELOPMENT AUTHORITY TO SECURE FINANCING THROUGH AN
ON-BILL FINANCING MECHANISM FOR PERFORMANCE OF  QUALIFIED  ENERGY  EFFI-
CIENCY  SERVICES UNDER THE GREEN JOBS-GREEN NEW YORK PROGRAM ESTABLISHED
BY TITLE NINE-A OF ARTICLE EIGHT OF  THE  PUBLIC  AUTHORITIES  LAW,  THE
NOTICE  OF  LIEN  MAY  ONLY BE FILED AFTER COMMENCEMENT OF THE QUALIFIED
ENERGY EFFICIENCY SERVICES; except that in the case of a lien by a  real
estate  broker,  the notice of lien may be filed only after the perform-
ance of the brokerage services and execution of lease by both lessor and
lessee and only if a copy of the alleged written agreement of employment
or compensation is annexed to the notice of lien,  provided  that  where
the  payment  pursuant to the written agreement of employment or compen-
sation is to be made in installments, then a notice of lien may be filed
within eight months after the final payment is  due,  but  in  no  event

A. 13                               9

later  than  a  date  five  years  after the first payment was made. For
purposes of this section, the term "single family  dwelling"  shall  not
include  a  dwelling unit which is a part of a subdivision that has been
filed  with  a  municipality in which the subdivision is located when at
the time the lien is filed, such property in the subdivision is owned by
the developer for  purposes  other  than  his  personal  residence.  For
purposes of this section, "developer" shall mean and include any private
individual, partnership, trust or corporation which improves two or more
parcels  of  real  property  with  single family dwellings pursuant to a
common scheme or plan. The notice of lien must be filed in  the  clerk's
office of the county where the property is situated. If such property is
situated  in  two or more counties, the notice of lien shall be filed in
the office of the clerk of each of such counties. The  county  clerk  of
each  county  shall provide and keep a book to be called the "lien dock-
et,"  which  shall  be  suitably  ruled  in  columns  headed   "owners,"
"lienors,"  "lienor's attorney," "property," "amount," "time of filing,"
"proceedings had," in each of which he shall enter  the  particulars  of
the notice, properly belonging therein. The date, hour and minute of the
filing  of  each  notice  of lien shall be entered in the proper column.
Except where the county clerk maintains a block index, the names of  the
owners shall be arranged in such book in alphabetical order. The validi-
ty  of  the  lien  and  the  right to file a notice thereof shall not be
affected by the death of the owner before notice of the lien is filed.
  S 11. Subparagraph (g) of paragraph 1  of  subdivision  g  of  section
26-405 of the administrative code of the city of New York, as amended by
chapter 749 of the laws of 1990, is amended to read as follows:
  (g) There has been since July first, nineteen hundred seventy, a major
capital  improvement required for the operation, preservation or mainte-
nance of the structure. A MAJOR CAPITAL IMPROVEMENT SHALL NOT INCLUDE AN
ELIGIBLE PROJECT UNDER THE GREEN JOBS-GREEN NEW YORK PROGRAM BY THE  NEW
YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, ESTABLISHED PURSU-
ANT  TO  TITLE NINE-A OF ARTICLE EIGHT OF THE PUBLIC AUTHORITIES LAW. An
adjustment under this subparagraph [(g)] shall be in  an  amount  suffi-
cient to amortize the cost of the improvements pursuant to this subpara-
graph [(g)] over a seven-year period; or
  S  12.  Paragraph 6 of subdivision c of section 26-511 of the adminis-
trative code of the city of New York, as amended by chapter 116  of  the
laws of 1997, is amended to read as follows:
  (6)  provides  criteria whereby the commissioner may act upon applica-
tions by owners for increases in  excess  of  the  level  of  fair  rent
increase  established under this law provided, however, that such crite-
ria shall provide (a) as to hardship applications, for  a  finding  that
the level of fair rent increase is not sufficient to enable the owner to
maintain  approximately  the same average annual net income (which shall
be computed without regard to debt service, financing costs  or  manage-
ment  fees)  for the three year period ending on or within six months of
the date of an application pursuant to such criteria  as  compared  with
annual  net income, which prevailed on the average over the period nine-
teen hundred sixty-eight through nineteen hundred seventy,  or  for  the
first three years of operation if the building was completed since nine-
teen  hundred  sixty-eight  or  for the first three fiscal years after a
transfer of title to a new owner provided the new owner can establish to
the satisfaction of the commissioner that he or she  acquired  title  to
the  building as a result of a bona fide sale of the entire building and
that the new owner is unable to obtain requisite records for the  fiscal
years  nineteen  hundred  sixty-eight  through  nineteen hundred seventy

A. 13                              10

despite diligent efforts to obtain same from predecessors in  title  and
further  provided that the new owner can provide financial data covering
a minimum of six years under his or  her  continuous  and  uninterrupted
operation  of  the building to meet the three year to three year compar-
ative test periods herein provided; and (b) as  to  completed  building-
wide  major  capital  improvements, for a finding that such improvements
are deemed depreciable under the Internal Revenue Code and that the cost
is to be amortized over a seven-year period, based  upon  cash  purchase
price  exclusive  of  interest  or  service  charges.    A MAJOR CAPITAL
IMPROVEMENT SHALL NOT INCLUDE AN ELIGIBLE PROJECT UNDER THE GREEN  JOBS-
GREEN  NEW YORK PROGRAM BY THE NEW YORK STATE ENERGY RESEARCH AND DEVEL-
OPMENT AUTHORITY, ESTABLISHED PURSUANT TO TITLE NINE-A OF ARTICLE  EIGHT
OF  THE PUBLIC AUTHORITIES LAW. Notwithstanding anything to the contrary
contained herein, no hardship increase granted pursuant  to  this  para-
graph  shall, when added to the annual gross rents, as determined by the
commissioner, exceed the sum of, (i) the annual operating expenses, (ii)
an allowance for management services as determined by the  commissioner,
(iii) actual annual mortgage debt service (interest and amortization) on
its  indebtedness  to  a  lending  institution,  an insurance company, a
retirement fund or welfare fund which is operated under the  supervision
of  the banking or insurance laws of the state of New York or the United
States, and (iv) eight and one-half percent of that portion of the  fair
market  value  of the property which exceeds the unpaid principal amount
of the mortgage indebtedness referred to in subparagraph (iii)  of  this
paragraph. Fair market value for the purposes of this paragraph shall be
six  times  the annual gross rent. The collection of any increase in the
stabilized rent for any apartment pursuant to this paragraph  shall  not
exceed  six  percent  in  any  year from the effective date of the order
granting the increase over the rent set forth in the schedule  of  gross
rents,  with  collectability  of  any dollar excess above said sum to be
spread forward in similar increments and added to the stabilized rent as
established or set in future years;
  S 13. Paragraph 3 of subdivision d of section 6 of section 4 of  chap-
ter 576 of the laws of 1974 constituting the emergency tenant protection
act  of  nineteen seventy-four, as amended by chapter 749 of the laws of
1990, is amended to read as follows:
  (3) there has been since January first, nineteen hundred  seventy-four
a  major capital improvement required for the operation, preservation or
maintenance of the structure.   A MAJOR CAPITAL  IMPROVEMENT  SHALL  NOT
INCLUDE  AN ELIGIBLE PROJECT UNDER THE GREEN JOBS-GREEN NEW YORK PROGRAM
BY THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY,  ESTAB-
LISHED PURSUANT TO TITLE 9-A OF ARTICLE 8 OF THE PUBLIC AUTHORITIES LAW.
An  adjustment  under this paragraph shall be in an amount sufficient to
amortize the cost of the improvements pursuant to this paragraph over  a
seven-year period, or
  S  14.  The second undesignated paragraph of paragraph (a) of subdivi-
sion 4 of section 4 of chapter 274 of the laws of 1946, constituting the
emergency housing rent control law, as amended by chapter 21 of the laws
of 1962, clause 5 as amended by chapter 253 of  the  laws  of  1993,  is
amended to read as follows:
  No application for adjustment of maximum rent based upon a sales price
valuation  shall  be filed by the landlord under this subparagraph prior
to six months from the date of such sale of the property.  In  addition,
no  adjustment  ordered  by  the  commission based upon such sales price
valuation shall be effective prior to one year from  the  date  of  such
sale.  Where,  however,  the assessed valuation of the land exceeds four

A. 13                              11

times the assessed valuation of the buildings  thereon,  the  commission
may determine a valuation of the property equal to five times the equal-
ized  assessed  valuation  of  the  buildings,  for the purposes of this
subparagraph. The commission may make a determination that the valuation
of  the  property  is  an  amount different from such equalized assessed
valuation where there is a request for  a  reduction  in  such  assessed
valuation  currently pending; or where there has been a reduction in the
assessed valuation for the year next preceding the effective date of the
current assessed valuation in effect at the time of the  filing  of  the
application.  Net  annual return shall be the amount by which the earned
income exceeds the operating expenses of the property,  excluding  mort-
gage  interest  and  amortization, and excluding allowances for obsoles-
cence and reserves, but including an allowance for depreciation  of  two
per  centum  of the value of the buildings exclusive of the land, or the
amount shown for depreciation of the buildings in  the  latest  required
federal  income  tax return, whichever is lower; provided, however, that
(1) no allowance for depreciation of the  buildings  shall  be  included
where  the  buildings have been fully depreciated for federal income tax
purposes or on the books of the owner; or (2) the landlord who  owns  no
more  than four rental units within the state has not been fully compen-
sated by increases in rental income  sufficient  to  offset  unavoidable
increases  in property taxes, fuel, utilities, insurance and repairs and
maintenance, excluding mortgage interest and amortization, and excluding
allowances for  depreciation,  obsolescence  and  reserves,  which  have
occurred since the federal date determining the maximum rent or the date
the  property  was acquired by the present owner, whichever is later; or
(3) the landlord operates a hotel or rooming house or owns a cooperative
apartment and has not been fully  compensated  by  increases  in  rental
income  from  the controlled housing accommodations sufficient to offset
unavoidable increases in property taxes and other costs as are allocable
to such controlled housing accommodations, including costs of  operation
of  such  hotel  or  rooming  house, but excluding mortgage interest and
amortization, and excluding allowances  for  depreciation,  obsolescence
and reserves, which have occurred since the federal date determining the
maximum  rent  or  the  date the landlord commenced the operation of the
property, whichever is later; or (4) the landlord and tenant voluntarily
enter into a valid written lease in good faith with respect to any hous-
ing accommodation, which lease provides for an increase in  the  maximum
rent not in excess of fifteen per centum and for a term of not less than
two  years,  except  that  where  such lease provides for an increase in
excess of fifteen  per  centum,  the  increase  shall  be  automatically
reduced  to fifteen per centum; or (5) the landlord and tenant by mutual
voluntary written agreement agree to a substantial increase or  decrease
in dwelling space or a change in the services, furniture, furnishings or
equipment provided in the housing accommodations; provided that an owner
shall  be entitled to a rent increase where there has been a substantial
modification or increase  of  dwelling  space  or  an  increase  in  the
services, or installation of new equipment or improvements or new furni-
ture  or furnishings provided in or to a tenant's housing accommodation.
The permanent increase in the maximum  rent  for  the  affected  housing
accommodation  shall  be  one-fortieth of the total cost incurred by the
landlord in providing such modification or increase in  dwelling  space,
services,  furniture,  furnishings  or  equipment, including the cost of
installation, but excluding finance charges  provided  further  that  an
owner  who  is entitled to a rent increase pursuant to this clause shall
not be entitled to a further rent increase based upon  the  installation

A. 13                              12

of  similar equipment, or new furniture or furnishings within the useful
life of such new equipment, or new furniture or furnishings.  The  owner
shall  give  written  notice  to  the  commission of any such adjustment
pursuant to this clause; or (6) there has been, since March first, nine-
teen  hundred  fifty,  an  increase  in  the rental value of the housing
accommodations as a result of a substantial rehabilitation of the build-
ing or housing accommodation therein which materially adds to the  value
of  the  property  or  appreciably prolongs its life, excluding ordinary
repairs, maintenance and replacements; or (7) there has been since March
first, nineteen hundred fifty, a major capital improvement required  for
the  operation,  preservation  or  maintenance of the structure. A MAJOR
CAPITAL IMPROVEMENT SHALL NOT INCLUDE  AN  ELIGIBLE  PROJECT  UNDER  THE
GREEN  JOBS-GREEN NEW YORK PROGRAM BY THE NEW YORK STATE ENERGY RESEARCH
AND DEVELOPMENT AUTHORITY, ESTABLISHED PURSUANT TO TITLE 9-A OF  ARTICLE
8  OF  THE  PUBLIC  AUTHORITIES  LAW;  or (8) there has been since March
first, nineteen hundred fifty, in structures containing more  than  four
housing accommodations, other improvements made with the express consent
of  the  tenants in occupancy of at least seventy-five per centum of the
housing accommodations, provided, however, that  no  adjustment  granted
hereunder shall exceed fifteen per centum unless the tenants have agreed
to a higher percentage of increase, as herein provided; or (9) there has
been,  since  March  first, nineteen hundred fifty, a subletting without
written consent from the landlord or an increase in the number of  adult
occupants who are not members of the immediate family of the tenant, and
the  landlord  has  not  been  compensated therefor by adjustment of the
maximum rent by lease or order of the  commission  or  pursuant  to  the
federal  act;  or  (10) the presence of unique or peculiar circumstances
materially affecting the maximum rent has resulted  in  a  maximum  rent
which  is substantially lower than the rents generally prevailing in the
same area for substantially similar housing accommodations.
  S 15. This act shall take effect immediately; provided, however,  that
the amendments to section 26-405 of the city rent and rehabilitation law
made by section eleven of this act shall remain in full force and effect
only  as  long  as  the  public  emergency  requiring the regulation and
control of residential rents and evictions  continues,  as  provided  in
subdivision  3  of section 1 of the local emergency housing rent control
act; provided further that the amendments to section 26-511 of the  rent
stabilization  law of nineteen hundred sixty-nine made by section twelve
of this act shall expire on the same date as such law expires and  shall
not  affect  the expiration of such law as provided under section 26-520
of such law, as from time to time amended;  provided  further  that  the
amendments  to section 6 of the emergency tenant protection act of nine-
teen seventy-four made by section thirteen of this act shall  expire  on
the same date as such act expires and shall not affect the expiration of
such  act  as provided in section 17 of chapter 576 of the laws of 1974,
as from time to time amended; and further provided that the amendment to
section 4 of the emergency housing rent  control  law  made  by  section
fourteen  of  this act shall expire on the same date as such law expires
and shall not affect the expiration of such law as provided in  subdivi-
sion 2 of section 1 of chapter 274 of the laws of 1946.