S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6331
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 5, 2019
                                ___________
 
 Introduced by Sen. PARKER -- (at request of the Energy Research Develop-
   ment Authority) -- read twice and ordered printed, and when printed to
   be committed to the Committee on Rules
 
 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

 S. 6331                             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.