S T A T E O F N E W Y O R K
________________________________________________________________________
8945
I N A S S E M B L Y
March 4, 2014
___________
Introduced by M. of A. PAULIN, CRESPO, RYAN, BROOK-KRASNY, CAHILL,
COLTON, GALEF, GOTTFRIED, GUNTHER, LUPARDO, OTIS, SCHIMEL, ZEBROWSKI
-- Multi-Sponsored by -- M. of A. BRAUNSTEIN, BUCHWALD, MAGEE,
RIVERA, SWEENEY, THIELE -- read once and referred to the Committee on
Energy
AN ACT to amend the public service law, the public authorities law and
the real property law, in relation to the green jobs-green New York
on-bill energy service company energy efficiency payment program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 2 of the public service law is amended by adding
two new subdivisions 28 and 29 to read as follows:
28. THE TERM "GREEN JOBS-GREEN NEW YORK ON-BILL ENERGY SERVICE COMPANY
ENERGY EFFICIENCY PAYMENT PROGRAM" OR "PAYMENT PROGRAM," WHEN USED IN
THIS CHAPTER, MEANS A PAYMENT CHARGE APPEARING ON THE MONTHLY UTILITY
BILL OF A UTILITY CUSTOMER WHO ELECTS TO PARTICIPATE IN THE GREEN JOBS-
GREEN NEW YORK ENERGY SERVICE COMPANY ENERGY EFFICIENCY PAYMENT PROGRAM
PURSUANT TO SECTION SIXTY-SIX-N OF THIS CHAPTER AND TITLE NINE-A OF
ARTICLE EIGHT OF THE PUBLIC AUTHORITIES LAW WITH A PARTICIPATING ENERGY
SERVICE COMPANY FOR PAYMENT AND SERVICE COSTS ASSOCIATED WITH CAPITAL
IMPROVEMENTS UNDER THAT PROGRAM THROUGH SUCH A PAYMENT CHARGE.
29. THE TERM "PARTICIPATING ENERGY SERVICE COMPANY" MEANS AN ENTITY
ELIGIBLE TO PROVIDE ENERGY SERVICES TO END-USE CUSTOMERS USING THE TRAN-
SMISSION AND DISTRIBUTION SYSTEM OF A UTILITY CORPORATION AND THAT
PROVIDES QUALIFIED ENERGY EFFICIENCY SERVICES THROUGH THE GREEN
JOBS-GREEN NEW YORK ON-BILL ENERGY SERVICE COMPANY ENERGY EFFICIENCY
PAYMENT PROGRAM CONSISTENT WITH NATIONALLY RECOGNIZED EFFICIENCY STAND-
ARDS, OR EFFICIENCY STANDARDS ESTABLISHED BY THE AUTHORITY, THAT WILL
INCREASE THE ENERGY EFFICIENCY AND CONSERVATION OF AN EXISTING STRUCTURE
UNDER THE PROGRAM.
S 2. Subdivision 2 of section 18-a of the public service law is
amended by adding a new paragraph (i) to read as follows:
(I) ON-BILL PAYMENT AND SERVICE CHARGES BILLED PURSUANT TO SECTION
SIXTY-SIX-N OF THIS CHAPTER SHALL BE EXCLUDED FROM ANY DETERMINATION OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10998-02-3
A. 8945 2
A UTILITY COMPANY'S GROSS OPERATING REVENUES DERIVED FROM INTRASTATE
UTILITY OPERATIONS FOR PURPOSES OF THIS SECTION.
S 3. Section 43 of the public service law is amended by adding a new
subdivision 4 to read as follows:
4. WHEN A COMPLAINT IS RECEIVED BY THE UTILITY COMPANY THAT IS RELATED
TO WORK PERFORMED UNDER THE GREEN JOBS-GREEN NEW YORK ON-BILL ENERGY
SERVICE COMPANY ENERGY EFFICIENCY PAYMENT PROGRAM THE UTILITY COMPANY
SHALL ONLY BE REQUIRED TO INFORM THE CUSTOMER OF THE COMPLAINT HANDLING
PROCEDURES OF THE PARTICIPATING ENERGY SERVICE COMPANY, WHICH SHALL
INDEPENDENTLY RETAIN SOLE RESPONSIBILITY FOR HANDLING SUCH COMPLAINTS,
AND SUCH COMPLAINTS SHALL NOT BE DEEMED TO BE COMPLAINTS ABOUT UTILITY
SERVICE IN ANY OTHER COMMISSION ACTION OR PROCEEDING.
S 4. Paragraph (d) of subdivision 6 of section 65 of the public
service law, as amended by chapter 388 of the laws of 2011, 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 recovery pursuant to section sixty-six-m of this article AND THE
INSTALLATION AND SERVICE OF ENERGY EFFICIENCY SERVICES FOR CUSTOMERS
PARTICIPATING IN THE GREEN JOBS-GREEN NEW YORK ON-BILL ENERGY SERVICE
COMPANY ENERGY EFFICIENCY PAYMENT PROGRAM PURSUANT TO SECTION
SIXTY-SIX-N OF THIS ARTICLE.
S 5. The public service law is amended by adding a new section 66-n to
read as follows:
S 66-N. GREEN JOBS-GREEN NEW YORK ON-BILL ENERGY SERVICE COMPANY ENER-
GY EFFICIENCY PAYMENT PROGRAM. 1. (A) THE COMMISSIONER SHALL REQUIRE
EACH UTILITY COMPANY 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 ENERGY SERVICE COMPANY ENERGY EFFICIENCY PAYMENT
PROGRAM ESTABLISHED PURSUANT TO THIS SECTION AND TITLE NINE-A OF ARTICLE
EIGHT OF THE PUBLIC AUTHORITIES LAW. TO THE MAXIMUM EXTENT PRACTICABLE,
UTILITY COMPANIES SHALL UTILIZE EXISTING ELECTRONIC DATA INTERCHANGE
INFRASTRUCTURE OR OTHER EXISTING BILLING INFRASTRUCTURE TO IMPLEMENT
THEIR BILLING AND COLLECTION RESPONSIBILITIES UNDER THIS SECTION.
(B) THIS PROGRAM SHALL BE AVAILABLE TO CUSTOMERS WHO HAVE EXECUTED A
WRITTEN AGREEMENT FOR THE DELIVERY OF QUALIFIED ENERGY EFFICIENCY
SERVICES FROM A PARTICIPATING ENERGY SERVICE COMPANY; PROVIDED, HOWEVER,
THAT SUCH CUSTOMERS MUST BE THE UTILITY COMPANY'S CUSTOMER OF RECORD TO
WHICH SUCH ON-BILL PAYMENT CHARGES WILL APPLY.
(C) EACH PARTICIPATING ENERGY SERVICE COMPANY SHALL IDENTIFY TO THE
APPROPRIATE UTILITY COMPANY EACH CUSTOMER WHO HAS EXECUTED A WRITTEN
AGREEMENT WITH THE ENERGY SERVICE COMPANY FOR THE PROVISION OF QUALIFIED
ENERGY EFFICIENCY SERVICES THROUGH THE ON-BILL PAYMENT MECHANISM AND THE
AMOUNT OF EACH MONTHLY PAYMENT. EACH UTILITY COMPANY SHALL BILL THEIR
CUSTOMERS THAT HAS OBTAINED ENERGY EFFICIENCY IMPROVEMENTS FROM A
PARTICIPATING ENERGY SERVICE COMPANY THE AMOUNT DUE AS THE ON-BILL
PAYMENT.
(D) THE ON-BILL PAYMENT SHALL BE COLLECTED ON BILLS FROM THE CUSTOM-
ER'S ELECTRIC CORPORATION UNLESS THE QUALIFIED ENERGY EFFICIENCY
SERVICES AT THE CUSTOMER'S PREMISES RESULTS IN MORE PROJECTED ENERGY
SAVINGS ON THE CUSTOMER'S GAS BILL THAN ON THE ELECTRIC BILL, IN WHICH
THE CASE THE ON-BILL PAYMENT CHARGES SHALL BE COLLECTED ONLY ON THE
CUSTOMER'S GAS CORPORATION BILLS.
A. 8945 3
2. FOR PURPOSES OF CARRYING OUT THE REQUIREMENTS OF THIS SECTION, EACH
UTILITY COMPANY SHALL SUBMIT AN IMPLEMENTATION PLAN FOR THE GREEN JOBS-
GREEN NEW YORK ON-BILL ENERGY SERVICE COMPANY ENERGY EFFICIENCY PAYMENT
PROGRAM WITHIN ONE HUNDRED TWENTY DAYS OF THE EFFECTIVE DATE OF THIS
SECTION TO THE COMMISSION. SUCH PLAN SHALL INCLUDE AN EXPLANATION OF
ESTIMATED COSTS ASSOCIATED WITH IMPLEMENTATION OF THE ON-BILL PAYMENT
PROGRAM, AS WELL AS A SHOWING THAT THE UTILITY COMPANY WILL UTILIZE
EXISTING ELECTRONIC DATA INTERCHANGE INFRASTRUCTURE OR OTHER EXISTING
BILLING INFRASTRUCTURE TO THE MAXIMUM EXTENT PRACTICABLE. THE COMMISSION
SHALL MAKE AN APPROVAL DETERMINATION WITHIN NINETY DAYS OF SUBMISSION.
IF SUCH APPROVAL IS DENIED, THE UTILITY COMPANY WILL HAVE THIRTY DAYS
AFTER THE NOTICE OF DISAPPROVAL TO MEET THE REQUIREMENTS FOR APPROVAL.
EACH UTILITY COMPANY SHALL IMPLEMENT THE GREEN JOBS-GREEN NEW YORK
ON-BILL ENERGY SERVICE COMPANY ENERGY EFFICIENCY PAYMENT PROGRAM WITHIN
SIX MONTHS OF APPROVAL BY THE COMMISSION.
(A) IN ADMINISTERING THE GREEN JOBS-GREEN NEW YORK ON-BILL PAYMENT
PROGRAM, THE PARTICIPATING ENERGY SERVICE COMPANY SHALL MAKE REIMBURSE-
MENTS TO UTILITY COMPANIES FOR REASONABLE AND NECESSARY COSTS ASSOCIATED
WITH THE IMPLEMENTATION AND MAINTENANCE OF THE GREEN JOBS-GREEN NEW YORK
ON-BILL ENERGY SERVICE COMPANY PAYMENT PROGRAM.
(B) THE COMMISSION MAY SUSPEND OR TERMINATE A UTILITY COMPANY'S OFFER-
ING OF THE ON-BILL PAYMENT PROVIDED THAT THE COMMISSION MAKES A FINDING
THAT THERE IS A SIGNIFICANT INCREASE IN UTILITY SERVICE DISCONNECTIONS
THAT THE COMMISSION DETERMINES IS DIRECTLY RELATED TO THE ON-BILL
PAYMENT, OR A FINDING OF OTHER GOOD CAUSE.
(C) ONE HUNDRED PERCENT OF THE ENERGY EFFICIENT SAVINGS REALIZED FROM
THE IMPLEMENTATION OF QUALIFIED ENERGY EFFICIENCY SERVICES IMPLEMENTED
THROUGH ENERGY SERVICE COMPANY ENERGY EFFICIENCY PAYMENT PROGRAMS IN THE
UTILITY COMPANIES' SERVICE TERRITORIES SHALL BE CREDITED TO THE APPRO-
PRIATE ELECTRIC CORPORATION'S AND/OR GAS CORPORATION'S ENERGY SAVINGS
TARGETS ESTABLISHED BY THE COMMISSION IN THE ENERGY EFFICIENCY PORTFOLIO
STANDARD PROCEEDING.
(D) UTILITY COMPANIES MAY TERMINATE UTILITY SERVICE FOR NON-PAYMENT OF
ON-BILL PAYMENT CHARGES SUBJECT TO THE RIGHTS OF THE CUSTOMER ESTAB-
LISHED UNDER ARTICLE TWO OF THIS CHAPTER EXCEPT THE RIGHT TO HAVE
PAYMENT OF ARREARS OF INSTALLMENTS OF ON-BILL PAYMENT CHARGES SUBJECT TO
A DEFERRED PAYMENT AGREEMENT UNDER SECTION THIRTY-SEVEN OF THIS CHAPTER.
(E) THE RESPONSIBILITIES OF THE UTILITY COMPANY SHALL BE LIMITED SOLE-
LY TO PROVIDING BILLING, PAYMENT PROCESSING, AND COLLECTION SERVICES FOR
ON-BILL PAYMENTS.
(F) THE COMMISSION, IN CONJUNCTION WITH EACH UTILITY AND EACH PARTIC-
IPATING ENERGY SERVICE COMPANY, SHALL AUTHORIZE A PURCHASE OF RECEIV-
ABLES PROGRAM FOR EACH UTILITY COMPANY AT A DISCOUNT RATE EQUAL TO THE
UTILITY'S ACTUAL UNCOLLECTIBLE RATE FOR THE GREEN JOBS-GREEN NEW YORK
ON-BILL ENERGY SERVICE COMPANY ENERGY EFFICIENCY PAYMENT PROGRAM. THIS
DISCOUNT RATE SHALL BE OFFSET FROM THE MONTHLY PAYMENTS A UTILITY MAKES
TO A PARTICIPATING ENERGY SERVICE COMPANY. THIS PROGRAM SHALL BE
DESIGNED TO ENSURE THAT A UTILITY IS NOT AT RISK FOR ANY BAD DEBT ASSO-
CIATED WITH THE GREEN JOBS-GREEN NEW YORK ON-BILL ENERGY SERVICE COMPANY
ENERGY EFFICIENCY PAYMENT PROGRAM.
(G) WHEN THE CUSTOMER'S UTILITY ACCOUNT AT THE UTILITY COMPANY IS
CLOSED, ANY CHARGES IN ARREARS SHALL BE DUE AND OWING, AND COLLECTION
SHALL BE THE RESPONSIBILITY OF THE PARTICIPATING ENERGY SERVICE COMPANY.
(H) UNLESS OTHERWISE PRECLUDED BY LAW, PARTICIPATION IN THE GREEN
JOBS-GREEN NEW YORK ON-BILL ENERGY SERVICE COMPANY ENERGY EFFICIENCY
PAYMENT PROGRAM SHALL NOT AFFECT A CUSTOMER'S ELIGIBILITY FOR ANY REBATE
A. 8945 4
OR INCENTIVE OFFERED BY A UTILITY COMPANY. UTILITY COMPANIES MAY MAKE
AVAILABLE TO CUSTOMERS WHO PARTICIPATE IN AN ENERGY SERVICE COMPANY
ENERGY EFFICIENCY PAYMENT PROGRAM ANY REBATES FOR ELIGIBLE ENERGY EFFI-
CIENCY MEASURES AVAILABLE TO CUSTOMERS WHO DO NOT PARTICIPATE IN SUCH
PROGRAMS.
(I) THE COMMISSION SHALL NOT APPROVE ANY APPLICATION FOR THE CONVER-
SION TO SUBMETERING OF ANY MASTER METER THAT IS SUBJECT TO ANY ON-BILL
PAYMENT CHARGES.
S 6. Section 1020-kk of the public authorities law, as renumbered by
chapter 388 of the laws of 2011, is renumbered section 1020-ll and a new
section 1020-kk is added to read as follows:
S 1020-KK. GREEN JOBS-GREEN NEW YORK ON-BILL ENERGY SERVICE COMPANY
ENERGY EFFICIENCY PAYMENT PROGRAM. 1. FOR PURPOSES OF CARRYING OUT THE
REQUIREMENTS OF THIS TITLE, THE AUTHORITY SHALL SUBMIT AN IMPLEMENTATION
PLAN FOR THE GREEN JOBS-GREEN NEW YORK ON-BILL PAYMENT PROGRAM WITHIN
ONE HUNDRED TWENTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION TO THE
PUBLIC SERVICE COMMISSION. SUCH PLAN SHALL INCLUDE AN EXPLANATION OF
ESTIMATED COSTS ASSOCIATED WITH IMPLEMENTATION OF THE ON-BILL PAYMENT
PROGRAM, AS WELL AS A SHOWING THAT THE AUTHORITY WILL UTILIZE EXISTING
ELECTRONIC DATA INTERCHANGE INFRASTRUCTURE OR OTHER EXISTING BILLING
INFRASTRUCTURE TO THE MAXIMUM EXTENT PRACTICABLE. IN ADMINISTERING THE
GREEN JOBS-GREEN NEW YORK ON-BILL ENERGY SERVICE COMPANY ENERGY EFFI-
CIENCY PAYMENT PROGRAM, THE PARTICIPATING ENERGY SERVICE COMPANY SHALL
MAKE REIMBURSEMENTS TO THE AUTHORITY FOR REASONABLE AND NECESSARY COSTS
ASSOCIATED WITH THE IMPLEMENTATION AND MAINTENANCE OF THE JOBS-GREEN NEW
YORK ON-BILL ENERGY SERVICE COMPANY PAYMENT PROGRAM. THE RESPONSIBIL-
ITIES OF THE AUTHORITY SHALL BE LIMITED SOLELY TO PROVIDING BILLING,
PAYMENT PROCESSING, AND COLLECTION SERVICES FOR ON-BILL PAYMENTS. THE
COMMISSION, IN CONJUNCTION WITH EACH UTILITY AND EACH PARTICIPATING
ENERGY SERVICE COMPANY, SHALL AUTHORIZE A PURCHASE OF RECEIVABLES
PROGRAM FOR THE AUTHORITY AT A DISCOUNT RATE EQUAL TO THE AUTHORITY'S
ACTUAL UNCOLLECTIBLE RATE FOR THE GREEN JOBS-GREEN NEW YORK ON-BILL
ENERGY SERVICE COMPANY ENERGY EFFICIENCY PAYMENT PROGRAM. THIS DISCOUNT
RATE SHALL BE OFFSET FROM THE MONTHLY PAYMENTS THE AUTHORITY MAKES TO A
PARTICIPATING ENERGY SERVICE COMPANY. THIS PROGRAM SHALL BE DESIGNED TO
ENSURE THAT A UTILITY IS NOT AT RISK FOR ANY BAD DEBT ASSOCIATED WITH
THE GREEN JOBS-GREEN NEW YORK ON-BILL ENERGY SERVICE COMPANY ENERGY
EFFICIENCY PAYMENT PROGRAM. THE PUBLIC SERVICE COMMISSION SHALL MAKE AN
APPROVAL DETERMINATION WITHIN NINETY DAYS OF SUBMISSION. IF THE PUBLIC
SERVICE COMMISSION DOES NOT APPROVE OF THE IMPLEMENTATION PLAN, THE
AUTHORITY WILL HAVE THIRTY DAYS AFTER THE NOTICE OF DISAPPROVAL TO MEET
THE REQUIREMENTS FOR FINAL APPROVAL. UPON THE PUBLIC SERVICE COMMIS-
SION'S APPROVAL, THE AUTHORITY SHALL IMPLEMENT THE GREEN JOBS-GREEN NEW
YORK ON-BILL PAYMENT PROGRAM WITHIN SIX MONTHS. SUCH PROGRAM SHALL BE
CONSISTENT WITH THE STANDARDS SET FORTH IN SUBDIVISION THREE OF SECTION
FORTY-TWO AND SECTION SIXTY-SIX-M OF THE PUBLIC SERVICE LAW. TO THE
MAXIMUM EXTENT PRACTICABLE, THE AUTHORITY SHALL UTILIZE EXISTING ELEC-
TRONIC DATA INTERCHANGE INFRASTRUCTURE OR OTHER EXISTING BILLING INFRAS-
TRUCTURE TO IMPLEMENT THEIR BILLING AND COLLECTION RESPONSIBILITIES
UNDER THIS SECTION.
2. THE AUTHORITY MAY SUSPEND ITS OFFERING OF THE ON-BILL PAYMENT
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 PAYMENT, OR A FINDING
OF OTHER GOOD CAUSE.
A. 8945 5
S 7. The opening paragraph of subdivision 12 of section 1891 of the
public authorities law, as added by chapter 487 of the laws of 2009, is
amended and a new subdivision 16 is added to read as follows:
12. "Qualified energy efficiency services" means a modification to a
structure, based on recommendations FROM A PARTICIPATING ENERGY SERVICE
COMPANY THAT WILL INCREASE THE ENERGY EFFICIENCY AND CONSERVATION OF A
STRUCTURE; OR AS contained in an energy audit performed under the
program created under section eighteen hundred [ninety-two] NINETY-FIVE
of this title; or as otherwise approved by the authority, which is
consistent with NATIONALLY RECOGNIZED EFFICIENCY STANDARDS, OR EFFICIEN-
CY standards established by the authority, that will increase the energy
efficiency and conservation of an existing structure, including but not
limited to:
16. "PARTICIPATING ENERGY SERVICE COMPANY" MEANS AN ENTITY ELIGIBLE TO
PROVIDE ENERGY SERVICES TO END-USE CUSTOMERS USING THE TRANSMISSION AND
DISTRIBUTION SYSTEM OF A UTILITY CORPORATION AND THAT PROVIDES QUALIFIED
ENERGY EFFICIENCY SERVICES THROUGH THE GREEN JOBS-GREEN NEW YORK ON-BILL
ENERGY SERVICE COMPANY ENERGY EFFICIENCY PAYMENT PROGRAM CONSISTENT WITH
NATIONALLY RECOGNIZED EFFICIENCY STANDARDS, OR EFFICIENCY STANDARDS
ESTABLISHED BY THE AUTHORITY, THAT WILL INCREASE THE ENERGY EFFICIENCY
AND CONSERVATION OF AN EXISTING STRUCTURE UNDER THE PROGRAM.
S 8. Subdivision 6 of section 1892 of the public authorities law, as
added by chapter 487 of the laws of 2009, is amended to read as follows:
6. use innovative financing, LEASING, PAYMENT AND SERVICE mechanisms
to finance AND MAKE PAYMENTS FOR energy efficiency improvements through
energy cost savings.
S 9. Subdivision 3 of section 1893 of the public authorities law, as
added by chapter 487 of the laws of 2009, is amended to read as follows:
3. enter into contracts with one or more program implementers to
perform such functions as the authority deems appropriate; [and]
S 10. Subdivision 4 of section 1893 of the public authorities law is
renumbered subdivision 5 and a new subdivision 4 is added to read as
follows:
4. ENCOURAGE AND PROMOTE PRIVATE SECTOR INVESTMENT AND GREEN JOB
EMPLOYMENT OPPORTUNITIES THROUGH APPLICANT IMPLEMENTATION OF QUALIFIED
ENERGY EFFICIENCY SERVICES BY ENERGY SERVICE COMPANIES THROUGH THE
ESTABLISHMENT OF AN ON-BILL LEASING OR PAYMENT MECHANISM FOR APPLICANT
PAYMENTS TO ENERGY SERVICE COMPANIES FOR THE INSTALLATION, UTILIZATION
AND SERVICE OF QUALIFIED ENERGY EFFICIENCY SERVICES PROVIDED THAT SUCH
ON-BILL PAYMENT MECHANISM SHALL PROVIDE FOR THE UTILIZATION OF ANY
ON-BILL PROGRAMS ESTABLISHED PURSUANT TO SECTION SIXTY-SIX-N OF THE
PUBLIC SERVICE LAW AND SECTION ONE THOUSAND TWENTY-KK OF THIS CHAPTER;
AND
S 11. Subdivision 1 of section 1895 of the public authorities law, as
added by chapter 487 of the laws of 2009, is amended to read as follows:
1. The program shall make available to applicants who ARE ELIGIBLE TO
PARTICIPATE IN THE GREEN JOBS-GREEN NEW YORK ON-BILL RECOVERY PROGRAM
PURSUANT TO SECTION SIXTY-SIX-N OF THE PUBLIC SERVICE LAW AND would be
eligible to apply for financial assistance under this section energy
audits performed by certified auditors or auditors using commonly-em-
ployed energy auditing tools and technologies, as determined appropriate
by the authority. The authority shall be authorized to dedicate an
appropriate portion of program funds allocated for the funding of energy
audits pursuant to section eighteen hundred ninety-nine-a of this title
to non-residential properties that are occupied or used by a small busi-
ness or not-for-profit corporation with ten or fewer employees.
A. 8945 6
S 12. Section 242 of the real property law is amended by adding a new
subdivision 5 to read as follows:
5. DISCLOSURE PRIOR TO THE SALE OF REAL PROPERTY TO WHICH A GREEN
JOBS-GREEN NEW YORK ON-BILL ENERGY SERVICE COMPANY ENERGY EFFICIENCY
PAYMENT APPLIES. (A) ANY PERSON, FIRM, COMPANY, PARTNERSHIP OR CORPO-
RATION OFFERING TO SELL REAL PROPERTY WHICH IS SUBJECT TO A GREEN JOBS-
GREEN NEW YORK ON-BILL ENERGY SERVICE COMPANY ENERGY EFFICIENCY PAYMENT
PURSUANT TO TITLE NINE-A OF ARTICLE EIGHT OF THE PUBLIC AUTHORITIES LAW
AND SECTION SIXTY-SIX-N OF THE PUBLIC SERVICE LAW SHALL PROVIDE WRITTEN
NOTICE TO THE PROSPECTIVE PURCHASER OR THE PROSPECTIVE PURCHASER'S
AGENT, STATING AS FOLLOWS: "THIS PROPERTY IS SUBJECT TO A GREEN
JOBS-GREEN NEW YORK ON-BILL ENERGY SERVICE COMPANY ENERGY EFFICIENCY
PAYMENT." SUCH NOTICE SHALL STATE THE PAYMENT SCHEDULE, A DESCRIPTION OF
THE ENERGY EFFICIENCY SERVICES INSTALLED AND SERVICES PROVIDED, 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.
S 13. This act shall take effect immediately.