EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10711-04-1
S. 4490--A 2
1. Notwithstanding any other provision of law, EXCEPT SECTION
SIXTY-SIX-M OF THIS CHAPTER, no utility corporation or municipality may
charge a residential customer for gas or electric service which was
rendered more than six months prior to the mailing of the first bill to
the customer for such service unless the failure of the corporation or
municipality to bill sooner was not due to the neglect of the corpo-
ration or municipality or was due to the culpable conduct of the custom-
er. If the customer remains liable for such service, the utility shall
permit payments to be made under an installment payment plan, provided,
however, that the utility or municipality may require prompt payment if
the non-billing resulted from the culpable conduct of the customer. Any
such installment payment plan may provide for a downpayment of up to
one-half of the amounts due from the customer, or three months average
billing, whichever is less.
S 5. 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 COMPANY 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
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 COMPANY
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
COMPANY SHALL RECALCULATE THE PAYMENTS UNDER SUCH PLAN TO REFLECT THE
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) 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;
(F) 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 COMPANY 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
RESPONSIBILITY FOR HANDLING SUCH COMPLAINTS, AND SUCH COMPLAINTS SHALL
S. 4490--A 3
NOT BE DEEMED TO BE COMPLAINTS ABOUT UTILITY SERVICE IN ANY OTHER
COMMISSION ACTION OR PROCEEDING; AND
(G) 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 ANNUAL-
LY THE AUTHORITY SHALL PROVIDE THE UTILITY COMPANY WITH INFORMATION FOR
INCLUSION 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 6. 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 PROGRAM OR TO THE
APPROPRIATE AMOUNT OF ON-BILL FINANCING CHARGES, THE UTILITY COMPANY
SHALL ONLY BE REQUIRED TO INFORM THE CUSTOMER OF THE COMPLAINT HANDLING
PROCEDURES OF THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHOR-
ITY, WHICH SHALL 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. THE
UTILITY COMPANY SHALL NOT TERMINATE, DISCONNECT OR SUSPEND THE CUSTOM-
ER'S SERVICE FOR NON-PAYMENT OF THE ON-BILL FINANCING CHARGES DURING THE
PENDENCY OF THE COMPLAINT AND UNTIL FIFTEEN DAYS AFTER THE NEW YORK
STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY INFORMS THE UTILITY
COMPANY THAT THE COMPLAINT HAS BEEN RESOLVED.
S 7. 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 8. 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 PROGRAM. 1. (A)
THE COMMISSION 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 REVOLVING LOAN FUND
ESTABLISHED PURSUANT TO 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) EXCEPT AS PARTICIPATION MAY BE LIMITED BY PARAGRAPH (G) OF THIS
SUBDIVISION, THIS PROGRAM SHALL BE AVAILABLE TO CUSTOMERS WHO HAVE MET
THE STANDARDS ESTABLISHED BY THE NEW YORK STATE ENERGY RESEARCH AND
DEVELOPMENT AUTHORITY FOR PARTICIPATION IN THE ON-BILL FINANCING MECH-
ANISM UNDER THE GREEN JOBS-GREEN NEW YORK PROGRAM AND WHO HAVE EXECUTED
A WRITTEN AGREEMENT FOR THE DELIVERY OF QUALIFIED ENERGY EFFICIENCY
SERVICES UNDER SUCH PROGRAM AND A NOTE OBLIGATING THE CUSTOMER TO REPAY
THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY FOR FUNDS
LOANED TO THE CUSTOMER FOR SUCH QUALIFIED ENERGY EFFICIENCY SERVICES;
S. 4490--A 4
PROVIDED, HOWEVER, THAT SUCH CUSTOMERS MUST BE THE UTILITY COMPANY'S
CUSTOMER OF RECORD TO WHICH SUCH ON-BILL FINANCING CHARGES WILL APPLY.
(C) FOLLOWING THE EXPIRATION OF THE CANCELLATION PERIOD PROVIDED IN
SUBDIVISION FOUR OF SECTION EIGHTEEN HUNDRED NINETY-SIX OF THE PUBLIC
AUTHORITIES LAW, THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT
AUTHORITY SHALL IDENTIFY TO THE APPROPRIATE UTILITY COMPANY EACH CUSTOM-
ER WHO HAS RECEIVED A LOAN TO BE REPAID THROUGH THE ON-BILL FINANCING
MECHANISM AND THE AMOUNT OF EACH MONTHLY LOAN REPAYMENT INSTALLMENT.
EACH UTILITY COMPANY SHALL BILL ITS CUSTOMER THAT HAS OBTAINED A GREEN
JOBS-GREEN NEW YORK LOAN FOR ENERGY EFFICIENCY IMPROVEMENTS FROM THE NEW
YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY THE AMOUNT DUE AS
THE ON-BILL FINANCING CHARGES, COMPRISING THE MONTHLY INSTALLMENT ON
SUCH LOAN AND ANY LATE PAYMENT CHARGES THEREON DESIGNATED BY THE NEW
YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY. AT THE UTILITY
COMPANY'S OPTION, THE ON-BILL FINANCING CHARGES MAY BE BILLED SEPARATE-
LY.
(D) THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY SHALL
DETERMINE WHETHER THE CUSTOMER'S UTILITY COMPANY WILL BILL THE ON-BILL
FINANCING CHARGES BASED ON THE RELATIVE DOLLAR VALUES OF THE PROJECTED
ENERGY SAVINGS BY ENERGY TYPE. BILLING AND COLLECTION SERVICES SHALL BE
AVAILABLE WITHOUT REGARD TO WHETHER THE ENERGY OR FUEL DELIVERED BY THE
UTILITY COMPANY IS THE CUSTOMER'S PRIMARY ENERGY SOURCE. THE ON-BILL
FINANCING CHARGES SHALL BE COLLECTED ON BILLS FROM THE CUSTOMER'S ELEC-
TRIC 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 CASE THE ON-BILL
FINANCING CHARGES SHALL BE COLLECTED ONLY ON THE CUSTOMER'S GAS CORPO-
RATION BILLS.
(E) GREEN JOBS-GREEN NEW YORK ON-BILL FINANCING, IMPLEMENTATION PLAN.
(I) FOR THE PURPOSES OF CARRYING OUT THE REQUIREMENTS OF THIS SECTION,
THE COMMISSION SHALL ISSUE AN ORDER MANDATING A COLLABORATIVE PROCESS
BETWEEN THE COMMISSION, THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP-
MENT AUTHORITY AND UTILITY COMPANIES, TO DEVELOP THE RULES, REGULATIONS
AND PRACTICES REQUIRED BY SUBPARAGRAPH (II) OF THIS PARAGRAPH, IN ADDI-
TION TO THE PROCESS AND RULES FOR ONGOING RECOVERY. SUCH COLLABORATIVE
PROCESS SHALL LAST NINETY DAYS, AFTER WHICH TIME UTILITY COMPANIES SHALL
SUBMIT A FINAL IMPLEMENTATION PLAN TO THE COMMISSION WITHIN THIRTY DAYS.
THE COMMISSION SHALL THEREAFTER APPROVE, DENY OR MODIFY SUCH PLAN WITHIN
SIXTY DAYS. IF A PLAN IS DISAPPROVED, THE UTILITY COMPANY WILL HAVE
THIRTY DAYS TO MEET THE REQUIREMENTS OF APPROVAL. FOLLOWING APPROVAL,
UTILITY COMPANIES SHALL IMPLEMENT THE PROGRAM WITHIN EIGHT MONTHS. NOT
LESS THAN ONE MONTH BEFORE THE DEADLINE FOR COMPLIANCE WITH IMPLEMENTA-
TION OF THE PROGRAM, A UTILITY COMPANY MAY REQUEST IN WRITING THAT THE
COMMISSION GRANT, FOR GOOD CAUSE, AN EXTENSION OF TIME, NOT TO EXCEED
TWO MONTHS, IN ORDER FOR SUCH UTILITY COMPANY TO IMPLEMENT THE PROGRAM.
THE COMMISSION SHALL APPROVE OR DENY SUCH REQUEST WITHIN FIVE BUSINESS
DAYS, AND SHALL SPECIFY THE LENGTH OF THE ADDITIONAL TIME PROVIDED, UP
TO TWO MONTHS, HOWEVER ONLY ONE EXTENSION OF TIME MAY BE APPROVED BY THE
COMMISSION.
(II) THE COMMISSION SHALL, IN CONSULTATION WITH THE NEW YORK STATE
ENERGY RESEARCH AND DEVELOPMENT AUTHORITY AND UTILITY COMPANIES, PROMUL-
GATE RULES AND REGULATIONS THAT ESTABLISH BUSINESS PRACTICES TO BE
EMPLOYED BY THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY
AND UTILITY COMPANIES IN ADMINISTERING THE ON-BILL FINANCING PROGRAM
INCLUDING, BUT NOT LIMITED TO: BILLING, PAYMENT PROCESSING, COLLECTION
OF ON-BILL FINANCING CHARGES, NOTICE OF TERMINATION REQUIREMENTS, CONDI-
S. 4490--A 5
TIONS UNDER WHICH UTILITY COMPANIES MAY APPLY TO THE COMMISSION FOR ANY
ONGOING COST RECOVERY, AND CONDITIONS UPON WHICH THE NEW YORK STATE
ENERGY RESEARCH AND DEVELOPMENT AUTHORITY MAY AUTHORIZE THE REIN-
STATEMENT OF SERVICE OR THE OPENING OF A NEW UTILITY ACCOUNT BY A
CUSTOMER WHOSE UTILITY ACCOUNT HAS BEEN TERMINATED FOR NONPAYMENT OF
ON-BILL FINANCING CHARGES. RULES AND REGULATIONS PROMULGATED BY THE
COMMISSION CONCERNING ANY REQUEST FOR ONGOING COST RECOVERY SHALL DIRECT
UTILITY COMPANIES TO FILE INFORMATION BEFORE THE COMMISSION FOR CONSID-
ERATION OF THE REQUEST, AND THE COMMISSION SHALL MAINTAIN ITS RIGHT TO
APPROVE, DENY OR MODIFY SUCH REQUEST.
(F) IN ADMINISTERING THE GREEN JOBS-GREEN NEW YORK ON-BILL FINANCING
PROGRAM, THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY IS
DIRECTED TO MAKE REIMBURSEMENTS TO UTILITY COMPANIES FOR REASONABLE AND
NECESSARY COSTS ASSOCIATED WITH THE IMPLEMENTATION OF THE GREEN
JOBS-GREEN NEW YORK ON-BILL FINANCING PROGRAM.
(G) EACH UTILITY COMPANY SHALL LIMIT THE NUMBER OF CUSTOMERS WHO
PARTICIPATE IN THE GREEN JOBS-GREEN NEW YORK ON-BILL FINANCING PROGRAM
TO NO MORE THAN ONE AND ONE-HALF PERCENT OF ITS TOTAL CUSTOMERS. THE
NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY MAY, FOLLOWING
A REVIEW OF THE PROGRAM OVER A PERIOD OF NOT LESS THAN THIRTY-SIX
MONTHS, BASED UPON DATA FROM THE REPORTING REQUIREMENT OF SUBDIVISION
THREE OF SECTION EIGHTEEN HUNDRED NINETY-NINE OF THE PUBLIC AUTHORITIES
LAW, PETITION THE COMMISSION TO INCREASE THE NUMBER OF CUSTOMERS WHO MAY
PARTICIPATE IN THE GREEN JOBS-GREEN NEW YORK ON-BILL FINANCING PROGRAM
TO NOT MORE THAN TWO AND ONE-HALF PERCENT OF EACH UTILITY'S TOTAL
CUSTOMERS.
(H) THE COMMISSION MAY SUSPEND OR TERMINATE A UTILITY COMPANY'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.
(I) FIFTEEN PERCENT OF THE ENERGY SAVINGS REALIZED FROM CAPITAL
IMPROVEMENTS AND FIXTURES FINANCED BY THE NEW YORK STATE ENERGY RESEARCH
AND DEVELOPMENT AUTHORITY LOANS UNDER THE GREEN JOBS-GREEN NEW YORK LOAN
PROGRAM PURSUANT TO SUBDIVISION TWO OF SECTION EIGHTEEN HUNDRED NINETY-
SIX OF THE PUBLIC AUTHORITIES LAW, IN THE UTILITY COMPANIES' SERVICE
TERRITORIES SHALL BE CREDITED TO THE APPROPRIATE ELECTRIC CORPORATION'S
AND/OR GAS CORPORATION'S ENERGY SAVINGS TARGETS ESTABLISHED BY THE
COMMISSION IN THE ENERGY EFFICIENCY PORTFOLIO STANDARD PROCEEDING.
(J) UTILITY COMPANIES MAY TERMINATE UTILITY SERVICE FOR NON-PAYMENT OF
SUCH ON-BILL FINANCING CHARGES SUBJECT TO THE RIGHTS OF THE CUSTOMER
ESTABLISHED UNDER ARTICLE TWO OF THE PUBLIC SERVICE LAW EXCEPT THE RIGHT
TO HAVE PAYMENT OF ARREARS OF INSTALLMENTS OF ON-BILL FINANCING CHARGES
SUBJECT TO A DEFERRED PAYMENT AGREEMENT UNDER SECTION THIRTY-SEVEN OF
THIS CHAPTER.
(K) THE RESPONSIBILITIES OF THE UTILITY COMPANY SHALL BE LIMITED SOLE-
LY TO PROVIDING BILLING, PAYMENT PROCESSING, AND COLLECTION SERVICES FOR
ON-BILL CHARGES AS DIRECTED BY THE NEW YORK STATE ENERGY RESEARCH AND
DEVELOPMENT AUTHORITY.
(L) A CUSTOMER REMITTING LESS THAN THE TOTAL AMOUNT DUE FOR ELECTRIC
AND/OR GAS SERVICES AND ON-BILL FINANCING CHARGES SHALL HAVE SUCH
PARTIAL PAYMENT FIRST APPLIED AS PAYMENT FOR ELECTRIC AND/OR GAS
SERVICES AND ANY REMAINING AMOUNT WILL BE APPLIED TO THE ON-BILL FINANC-
ING CHARGE, WHETHER SUCH CHARGE IS INCLUDED ON THE UTILITY BILL OR BILL
SEPARATELY.
S. 4490--A 6
(M) WHEN THE CUSTOMER'S UTILITY ACCOUNT AT THE UTILITY COMPANY IS
CLOSED, THE BALANCE OF THE CUSTOMER'S GREEN JOBS-GREEN NEW YORK LOAN
INCLUDING ANY CHARGES IN ARREARS SHALL BE DUE AND OWING, AND COLLECTION
SHALL BE THE RESPONSIBILITY OF THE NEW YORK STATE ENERGY RESEARCH AND
DEVELOPMENT AUTHORITY. AFTER THE CUSTOMER'S UTILITY ACCOUNT AT THE
UTILITY COMPANY IS CLOSED, ALL PAYMENT PROCESSING AND COLLECTION
SERVICES FOR ON-BILL CHARGES SHALL BE CONDUCTED BY OR ON BEHALF OF THE
NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY IN A MANNER
CONSISTENT WITH THE RIGHTS, DUTIES AND OBLIGATIONS OF EVERY UTILITY
COMPANY SUBJECT TO THE JURISDICTION OF THE COMMISSION UNDER THIS ARTI-
CLE, AND ARTICLES TWO AND FOUR-A OF THIS CHAPTER.
(N) UNLESS OTHERWISE PRECLUDED BY LAW, PARTICIPATION IN THE GREEN
JOBS-GREEN NEW YORK ON-BILL FINANCING PROGRAM SHALL NOT AFFECT A CUSTOM-
ER'S ELIGIBILITY FOR ANY REBATE OR INCENTIVE OFFERED BY A UTILITY COMPA-
NY. UTILITY COMPANIES MAY MAKE AVAILABLE TO CUSTOMERS WHO RECEIVED GREEN
JOBS-GREEN NEW YORK ON-BILL FINANCING PROGRAM LOANS ANY REBATES FOR
ELIGIBLE ENERGY EFFICIENCY MEASURES AVAILABLE TO CUSTOMERS WHO DO NOT
RECEIVE SUCH LOANS.
(O) THE COMMISSION SHALL NOT APPROVE ANY APPLICATION FOR THE CONVER-
SION TO SUBMETERING OF ANY MASTER METER THAT IS SUBJECT TO ANY ON-BILL
FINANCING CHARGES.
2. (A) QUALIFIED ENERGY EFFICIENCY SERVICES REPAID THROUGH AN ON-BILL
RECOVERY MECHANISM SHALL BE CONSIDERED A SPECIAL ENERGY PROJECT PURSUANT
TO SECTION EIGHTEEN HUNDRED FIFTY-ONE OF THE PUBLIC AUTHORITIES LAW. THE
NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY SHALL SECURE
EVERY LOAN ISSUED FOR SUCH SERVICES THAT ARE TO BE REPAID THROUGH AN
ON-BILL RECOVERY MECHANISM WITH A MORTGAGE UPON THE REAL PROPERTY THAT
IS IMPROVED BY SUCH SERVICES. SUCH MORTGAGE SHALL BE RECORDED PURSUANT
TO SECTION TWO HUNDRED NINETY-ONE-D OF THE REAL PROPERTY LAW.
(B) ALL TERMS AND PROVISIONS OF A GREEN JOBS-GREEN NEW YORK MORTGAGE
PURSUANT TO THIS SUBDIVISION SHALL BE SUBJECT AND SUBORDINATE TO THE
LIEN OF ANY MORTGAGE OR MORTGAGES BY A BANK, CREDIT UNION OR OTHER
INSTITUTIONAL LENDER. WHEN A SUBSEQUENT PURCHASER OF THE PROPERTY IS
GRANTED A MORTGAGE, THE GREEN JOBS-GREEN NEW YORK MORTGAGE SHALL BE
SUBORDINATE TO THE TERMS OF THAT MORTGAGE.
(C) THE MORTGAGEE SHALL NOT RETAIN ANY RIGHT TO ENFORCE PAYMENT OR
FORECLOSE UPON THE PROPERTY.
(D) THE GREEN JOBS-GREEN NEW YORK MORTGAGE SHALL BE EXEMPT FROM STATE
MORTGAGE RECORDING TAXES AND LOCAL RECORDING TAXES.
S 9. 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 RECOVERY. 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 RECOVERY 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 THIS CHAPTER. 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, 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
S. 4490--A 7
COLLECTION SERVICES SHALL COMMENCE AS SOON AS PRACTICABLE AFTER ESTAB-
LISHMENT OF THE PROGRAM.
2. THE AUTHORITY MAY SUSPEND ITS OFFERING OF THE ON-BILL RECOVERY
CHARGE PROVIDED THAT, AFTER CONDUCTING A PUBLIC HEARING, THE AUTHORITY
MAKES A FINDING THAT THERE IS A SIGNIFICANT INCREASE IN UTILITY SERVICE
ARREARS OR DISCONNECTIONS THAT THE AUTHORITY DETERMINES IS DIRECTLY
RELATED TO THE ON-BILL RECOVERY CHARGE, OR A FINDING OF OTHER GOOD
CAUSE.
S 10. 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.
(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 RECOVERY MECHANISM FOR REPAYMENT OF LOANS
FOR THE PERFORMANCE OF QUALIFIED ENERGY EFFICIENCY SERVICES FOR ELIGIBLE
PROJECTS IN THE FORM OF A CHARGE APPEARING ON THE PARTICIPATING CUSTOM-
ER'S UTILITY BILL PROVIDED THAT SUCH ON-BILL RECOVERY MECHANISM SHALL
PROVIDE FOR THE UTILIZATION OF ANY ON-BILL RECOVERY PROGRAMS ESTABLISHED
PURSUANT 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
S. 4490--A 8
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;
(V) PROVIDE ALL CUSTOMERS WHO ENTER INTO A LOAN PURSUANT TO THIS TITLE
WITH ADEQUATE DISCLOSURES AS PROVIDED FOR IN SUBDIVISION FOUR OF THIS
SECTION; AND
(vi) 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,
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.
S. 4490--A 9
(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) 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 EVALUATION, THE AUTHORITY SHALL REQUEST EACH
CUSTOMER TO PROVIDE INFORMATION ON ANY IMPROVEMENTS OR MODIFICATIONS TO
THE PREMISES, USE OF THE PREMISES OR ENERGY CONSUMING APPLIANCES OR
EQUIPMENT OF ANY TYPE 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 PERSONALLY IDENTIFIABLE INFORMATION COLLECTED BY THE AUTHORITY
SHALL BE CONFIDENTIAL. THE AUTHORITY SHALL COLLECT AND AGGREGATE AND
PUBLISH ON THE AUTHORITY WEBSITE SUCH INFORMATION AS DESCRIBED IN PARA-
GRAPH (B) OF THIS SUBDIVISION IN A MANNER THAT WILL FACILITATE THE OPEN
TRANSMISSION OF INFORMATION REGARDING THE BEST PRACTICES OF QUALIFIED
ENERGY EFFICIENCY SERVICES.
(D) QUALIFIED ENERGY EFFICIENCY SERVICES REPAID THROUGH AN ON-BILL
RECOVERY MECHANISM SHALL BE CONSIDERED A SPECIAL ENERGY PROJECT PURSUANT
TO SECTION EIGHTEEN HUNDRED FIFTY-ONE OF THIS ARTICLE. THE NEW YORK
STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY SHALL SECURE EVERY LOAN
ISSUED FOR SUCH SERVICES THAT ARE TO BE REPAID THROUGH AN ON-BILL RECOV-
ERY MECHANISM WITH A MORTGAGE UPON THE REAL PROPERTY THAT IS IMPROVED BY
SUCH SERVICES. SUCH MORTGAGE SHALL BE RECORDED PURSUANT TO SECTION TWO
HUNDRED NINETY-ONE-D OF THE REAL PROPERTY LAW.
(E) ALL TERMS AND PROVISIONS OF A GREEN JOBS-GREEN NEW YORK MORTGAGE
PURSUANT TO THIS SUBDIVISION SHALL BE SUBJECT AND SUBORDINATE TO THE
LIEN OF ANY MORTGAGE OR MORTGAGES BY A BANK, CREDIT UNION OR OTHER
INSTITUTIONAL LENDER. WHEN A SUBSEQUENT PURCHASER OF THE PROPERTY IS
GRANTED A MORTGAGE, THE GREEN JOBS-GREEN NEW YORK MORTGAGE SHALL BE
SUBORDINATE TO THE TERMS OF THAT MORTGAGE.
4. (A) ANY PERSON, FIRM, COMPANY, PARTNERSHIP, OR CORPORATION INCLUD-
ING, BUT NOT LIMITED TO, THE AUTHORITY, OFFERING TO PROVIDE CUSTOMERS
WITH A LOAN FOR THE PURPOSES OF UNDERTAKING AN ENERGY-EFFICIENT PROJECT
S. 4490--A 10
PURSUANT TO THE PROGRAM SHALL PROVIDE, IN WRITING, TO SUCH CUSTOMER, IN
CLEAR AND CONSPICUOUS TERMS: (I) THE FINANCIAL AND LEGAL OBLIGATIONS,
RISKS, IMPACTS, AND CONSEQUENCES OF ACCEPTING SUCH LOAN RESPONSIBIL-
ITIES, INCLUDING THE OBLIGATION TO PROVIDE OR CONSENT TO THE CUSTOMER'S
UTILITY COMPANY PROVIDING THE AUTHORITY INFORMATION ON THE SOURCES AND
QUANTITIES OF ENERGY USED IN THE CUSTOMER'S PREMISES AND ANY IMPROVE-
MENTS OR MODIFICATIONS TO THE PREMISES, USE OF THE PREMISES OR ENERGY
CONSUMING APPLIANCES OR EQUIPMENT OF ANY TYPE THAT MAY SIGNIFICANTLY
AFFECT ENERGY USAGE; (II) NOTIFICATION THAT THE ON-BILL FINANCING CHARGE
WILL BE BILLED BY SUCH CUSTOMER'S UTILITY COMPANY AND THAT FAILURE TO
PAY SUCH ON-BILL FINANCING CHARGE MAY RESULT IN THE CUSTOMER'S HAVING
ITS ELECTRICITY AND/OR GAS TERMINATED FOR NON-PAYMENT, PROVIDED THAT
SUCH UTILITY COMPANY FOLLOWS THE REQUIREMENTS OF ARTICLE TWO OF THE
PUBLIC SERVICE LAW WITH RESPECT TO RESIDENTIAL CUSTOMERS; (III) NOTIFI-
CATION THAT INCURRING SUCH LOAN TO UNDERTAKE ENERGY-EFFICIENCY PROJECTS
MAY NOT RESULT IN LOWER MONTHLY ENERGY COSTS OVER TIME, BASED ON ADDI-
TIONAL FACTORS THAT CONTRIBUTE TO MONTHLY ENERGY COSTS; (IV) THE PROGRAM
IS OPERATED BY THE AUTHORITY AND IT IS THE SOLE RESPONSIBILITY OF THE
AUTHORITY TO HANDLE CONSUMER INQUIRIES AND COMPLAINTS RELATED TO THE
OPERATION AND LENDING ASSOCIATED WITH THE PROGRAM, PROVIDED FURTHER THAT
THE AUTHORITY SHALL PROVIDE A MECHANISM TO RECEIVE SUCH CONSUMER
INQUIRIES AND COMPLAINTS.
(B) ANY PERSON ENTERING INTO A GREEN JOBS-GREEN NEW YORK LOAN SHALL
HAVE THE RIGHT TO CANCEL ANY CONTRACT FOR CAPITAL IMPROVEMENTS AND
FIXTURES TO PROMOTE ENERGY EFFICIENCY PURSUANT TO THE PROGRAM ESTAB-
LISHED BY SECTION EIGHTEEN HUNDRED NINETY-SIX OF THIS TITLE UNTIL
MIDNIGHT OF THE FIFTH BUSINESS DAY FOLLOWING THE DAY ON WHICH SUCH
PERSON SIGNS SUCH CONTRACT.
S 11. The opening paragraph of section 1899 of the public authorities
law, as added by chapter 487 of the laws of 2009, is amended to read as
follows:
No later than October first, two thousand ten and October first of
each year thereafter, the president of the authority shall issue an
annual report to the governor, the temporary president of the senate,
the speaker of the assembly, the minority leader of the senate [and],
the minority leader of the assembly, THE PUBLIC SERVICE COMMISSION AND
THE PARTICIPATING UTILITY COMPANIES concerning the authority's activ-
ities related to the green jobs - green New York program created pursu-
ant to this title. Such report shall include, but not be limited to the
following information:
S 12. 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; (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; (F) THE AMOUNT EXPENDED BY THE AUTHORITY IN SUPPORT OF THE
S. 4490--A 11
PROGRAM AND THE PURPOSES FOR WHICH SUCH FUNDS HAVE BEEN EXPENDED; (G)
THE NUMBER OF CUSTOMERS PARTICIPATING IN THE PROGRAM, SEPARATELY STATING
THE NUMBER OF RESIDENTIAL AND NON-RESIDENTIAL CUSTOMERS AND THE AMOUNTS
FINANCED; (H) THE NUMBER OF PROGRAM PARTICIPANTS WHO ARE IN ARREARS IN
THEIR UTILITY ACCOUNTS FOR ELECTRIC AND/OR GAS SERVICE; (I) THE NUMBER
OF PROGRAM PARTICIPANTS WHO ARE IN ARREARS IN THEIR ON-BILL FINANCING
CHARGE PAYMENTS; (J) THE NUMBER OF PROGRAM PARTICIPANTS WHOSE UTILITY
SERVICE HAS BEEN TERMINATED FOR NON-PAYMENT; (K) A DESCRIPTION OF THE
GEOGRAPHIC DISTRIBUTION OF LOANS MADE; (L) AN ESTIMATE OF THE ENERGY
SAVINGS RESULTING FROM THIS PROGRAM; AN ESTIMATE OF THE AVERAGE PROJECT
COST IN EACH COUNTY IN THE STATE; AND (M) IN CONSULTATION WITH THE
DEPARTMENT OF LABOR, AN ESTIMATE OF THE NUMBER OF JOBS CREATED AS A
DIRECT RESULT OF THIS PROGRAM, BY REGION AND JOB TYPE.
S 13. 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) PRIOR TO THE SIGNING BY
THE BUYER OF A BINDING CONTRACT OF SALE FOR REAL PROPERTY THAT HAS A
GREEN JOBS-GREEN NEW YORK MORTGAGE OBLIGATION, THE PROSPECTIVE GRANTOR
SHALL PRESENT TO THE PROSPECTIVE GRANTEE A DISCLOSURE NOTICE WHICH
STATES THE FOLLOWING: "THIS DISCLOSURE NOTICE IS INTENDED TO INFORM
PROSPECTIVE PURCHASERS THAT THE REAL PROPERTY THEY ARE ABOUT TO ACQUIRE
IS SUBJECT TO A GREEN JOBS-GREEN NEW YORK MORTGAGE." 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 EFFI-
CIENCY SERVICES PERFORMED, INCLUDING IMPROVEMENTS TO THE PROPERTY, AND
AN EXPLANATION OF THE BENEFIT OF THE GREEN JOBS-GREEN NEW YORK QUALIFIED
ENERGY EFFICIENCY SERVICES.
(B) ANY PROSPECTIVE OR ACTUAL PURCHASER WHO HAS SUFFERED A LOSS DUE TO
A VIOLATION OF THIS SUBDIVISION SHALL BE ENTITLED TO RECOVER ANY ACTUAL
DAMAGES INCURRED FROM THE SELLER OF SAID REAL PROPERTY.
(C) WHERE THE PURCHASER RECEIVES THE GREEN JOBS-GREEN NEW YORK LOAN
DISCLOSURE PURSUANT TO THIS SUBDIVISION PRIOR TO THE SIGNING BY THE
PURCHASER OF A BINDING CONTRACT OF SALE FOR THE PURCHASE OF RESIDENTIAL
REAL PROPERTY, ANY PERSON WHO IS LICENSED AS A REAL ESTATE BROKER, ASSO-
CIATE REAL ESTATE BROKER OR REAL ESTATE SALESPERSON UNDER SECTION FOUR
HUNDRED FORTY-A OF THIS CHAPTER AND WHO IS ACTING IN A FIDUCIARY CAPACI-
TY FOR EITHER A BUYER OR A SELLER OF RESIDENTIAL REAL PROPERTY SHALL
HAVE FULFILLED THEIR DISCLOSURE OBLIGATION PURSUANT TO THIS SUBDIVISION
AND SHALL NOT BE REQUIRED TO PROVIDE ANY FURTHER INFORMATION TO THE
BUYER OR SELLER OF THE RESIDENTIAL REAL PROPERTY REGARDING INFORMATION
RELATING TO THE GREEN JOBS-GREEN NEW YORK LOAN PROGRAM PURSUANT TO
SUBDIVISION TWO OF SECTION EIGHTEEN HUNDRED NINETY-SIX OF THE PUBLIC
AUTHORITIES LAW.
S 14. Section 1891 of the public authorities law is amended by adding
a new subdivision 16 to read as follows:
16. "RURAL ELECTRIC COOPERATIVE" MEANS A RURAL ELECTRIC COOPERATIVE
ESTABLISHED PURSUANT TO THE RURAL ELECTRIC COOPERATIVE LAW.
S 15. Subdivision 1 of section 1894 of the public authorities law, as
added by chapter 487 of the laws of 2009, is amended to read as follows:
1. The authority shall issue one or more program opportunity notices
or requests for proposals to solicit applications from partnerships or
consortia comprised of constituency-based organizations which can
connect community members to the program, including facilitating aware-
ness of the program and enrollment, and (a) distribution utilities, (b)
contractors that have signed enforceable agreements to meet standards
S. 4490--A 12
set by the authority, including standards for local hiring and pre-ap-
prenticeship and apprenticeship and other labor-management training
program participation, (c) workforce development organizations that will
recruit unemployed individuals, and provide training and job placement
in conjunction with contractors pursuant to section eighteen hundred
ninety-seven of this title; and/or (d) organized trades and their
certification or apprenticeship programs. The authority shall specif-
ically solicit applications that propose to demonstrate the feasibility
of innovative financing mechanisms, including but not limited to appli-
cations undertaken in partnership with distribution utilities that
propose to demonstrate the feasibility of on-bill financing. The public
service commission and other appropriate agencies are authorized to
coordinate with the authority and applicants in developing and imple-
menting proposed demonstrations of innovative financing mechanisms.
NOTWITHSTANDING THE FOREGOING, THE AUTHORITY SHALL, IN COOPERATION WITH
RURAL ELECTRIC COOPERATIVES, DEVELOP AND ISSUE ONE OR MORE PROGRAM
OPPORTUNITY NOTICES OR REQUESTS FOR PROPOSALS TO SOLICIT APPLICATIONS
FOR FUNDING UNDER THIS PROGRAM FROM RURAL ELECTRIC COOPERATIVES THAT
PROPOSE TO: PROMOTE ENERGY EFFICIENCY, ENERGY CONSERVATION AND THE
INSTALLATION OF CLEAN ENERGY TECHNOLOGIES; REDUCE ENERGY CONSUMPTION AND
ENERGY COSTS; REDUCE GREENHOUSE GAS EMISSIONS; SUPPORT SUSTAINABLE
COMMUNITY DEVELOPMENT; OR CREATE GREEN JOB OPPORTUNITIES.
S 16. 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 17. 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
despite diligent efforts to obtain same from predecessors in title and
S. 4490--A 13
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 18. 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 19. 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
times the assessed valuation of the buildings thereon, the commission
S. 4490--A 14
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 compensated 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 cooper-
ative 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 inter-
est and amortization, and excluding allowances for depreciation, obso-
lescence and reserves, which have occurred since the federal date deter-
mining 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 housing 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 installa-
tion of new equipment or improvements or new furniture 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
S. 4490--A 15
entitled to a rent increase pursuant to this clause shall not be enti-
tled to a further rent increase based upon the installation 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, nineteen hundred fifty, an
increase in the rental value of the housing accommodations as a result
of a substantial rehabilitation of the building or housing accommodation
therein which materially adds to the value of the property or appre-
ciably 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 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 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 fami-
ly 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 20. 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 sixteen 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 seven-
teen 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; provided further that the amendments to section 6 of
the emergency tenant protection act of nineteen seventy-four, made by
section eighteen 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; and further provided that
the amendments to section 4 of the emergency housing rent control law,
made by section nineteen 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 subdivision 2 of section 1 of chapter 274 of the laws of
1946.