S T A T E O F N E W Y O R K
________________________________________________________________________
8277
2019-2020 Regular Sessions
I N A S S E M B L Y
June 11, 2019
___________
Introduced by M. of A. CUSICK -- (at request of the Energy Research
Development Authority) -- read once and referred to the Committee on
Energy
AN ACT to amend the public authorities law, the public service law and
the real property law, in relation to the green jobs-green New York
on-bill energy efficiency payment program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 5 of section 1896 of the
public authorities law, as added by section 1 of part DD of chapter 58
of the laws of 2012, is amended to read as follows:
(a) For each loan issued for qualified energy efficiency services that
is to be repaid through an on-bill recovery mechanism[, the New York
state energy research and development authority shall record, pursuant
to article nine of the real property law, in the office of the appropri-
ate recording officer, a declaration with respect to the property
improved by such services of the existence of the loan and stating the
total amount of the loan, the term of the loan, and that the loan is
being repaid] through a charge on an electric or gas meter associated
with the property, THE ON-BILL RECOVERY LOAN AGREEMENT SHALL ALLOW FOR
THE PURCHASER OR TRANSFEREE TO AGREE THROUGH WRITTEN EXPRESS ASSUMPTION
PROVIDED IN ACCORDANCE WITH THE TERMS OF THE ON-BILL RECOVERY LOAN THAT
HE OR SHE IS RESPONSIBLE FOR FUTURE ON-BILL RECOVERY CHARGES, AND IN THE
ABSENCE OF SUCH WRITTEN EXPRESS ASSUMPTION, THE ORIGINAL SELLER,
TRANSFEROR, OR CURRENT LOAN HOLDER OF THE SUBJECT PROPERTY SHALL CONTIN-
UE TO BE RESPONSIBLE FOR PAYMENT OF SUCH REMAINING CHARGES THROUGH
DIRECT BILLING AND PAYMENT TO THE NEW YORK STATE ENERGY RESEARCH AND
DEVELOPMENT AUTHORITY, OR ITS AGENT. [The declaration shall further
state that it is being filed pursuant to this section and, unless fully
satisfied prior to sale or transfer of the property, the loan repayment
utility meter charge shall survive changes in ownership, tenancy, or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09105-02-9
A. 8277 2
meter account responsibility and, until fully satisfied, shall consti-
tute the obligation of the person responsible for the meter account.
Such declaration shall not constitute a mortgage and shall not create
any security interest or lien on the property. Upon satisfaction of the
loan, the authority shall file a declaration of repayment pursuant to
article nine of the real property law.]
§ 2. Paragraph (d) of subdivision 2 of section 66-m of the public
service law, as added by chapter 388 of the laws of 2011, is amended to
read as follows:
(d) unless fully satisfied prior to sale or transfer, that (i) the
on-bill recovery charges for any services provided at the customer's
premises shall survive changes in ownership, tenancy or meter account
responsibility IF THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT
AUTHORITY SHALL HAVE RECORDED A DECLARATION PURSUANT TO ARTICLE NINE OF
THE REAL PROPERTY LAW WITH RESPECT TO SUCH PROPERTY FOR THE EXISTENCE OF
AN ON-BILL RECOVERY LOAN, and (ii) that arrears in on-bill recovery
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 charges;
§ 3. Paragraph (a) of subdivision 4 of section 242 of the real proper-
ty law, as added by chapter 388 of the laws of 2011, is amended to read
as follows:
(a) Any person, firm, company, partnership or corporation offering to
sell real property which is subject to a green jobs-green New York
on-bill recovery charge pursuant to title nine-A of article eight of the
public authorities law AND WHICH PROVIDES THAT SUCH CHARGE SHALL SURVIVE
CHANGES IN OWNERSHIP, TENANCY OR METER ACCOUNT RESPONSIBILITY IF NOT
FULLY SATISFIED PRIOR TO SALE OR TRANSFER, shall provide written notice
to the prospective purchaser or the prospective purchaser's agent, stat-
ing as follows: "This property is subject to a green jobs-green New York
on-bill recovery charge". Such notice shall also state the total amount
of the original charge, the payment schedule and the approximate remain-
ing balance, a description of the energy efficiency services performed,
including improvements to the property, and an explanation of the bene-
fit 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; PROVIDED THAT SUCH NOTICE IS NOT NECESSARY IF THE LOAN
AGREEMENT PROVIDES THAT UPON SALE OR TRANSFER OF THE SUBJECT PROPERTY
THE PURCHASER OR TRANSFEREE IS ONLY RESPONSIBLE FOR ON-BILL RECOVERY
CHARGES AFTER SALE OR TRANSFER IF HE OR SHE AGREES THROUGH WRITTEN
EXPRESS ASSUMPTION PROVIDED IN ACCORDANCE WITH THE TERMS OF THE ON-BILL
RECOVERY LOAN AGREEMENT, AND IN THE ABSENCE OF SUCH ASSUMPTION, THE
ORIGINAL SELLER, TRANSFER, OR CURRENT LOAN HOLDER OF THE SUBJECT PROPER-
TY SHALL BE RESPONSIBLE FOR PAYMENT OF SUCH REMAINING CHARGES THROUGH
DIRECT BILLING AND PAYMENT TO THE NEW YORK STATE ENERGY RESEARCH AND
DEVELOPMENT AUTHORITY, OR ITS AGENT.
§ 4. This act shall take effect on the thirtieth day after it shall
have become a law and shall apply to any eligible applications on or
after such date.