S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8270
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 15, 2023
                                ___________
 
 Introduced  by M. of A. BURKE -- read once and referred to the Committee
   on Corporations, Authorities and Commissions
 
 AN ACT to amend the public authorities law, the public service law,  and
   the  real  property law, in relation to requiring on-bill financing be
   an option for certain energy efficiency  services  and  requiring  the
   disclosure of on-bill financing prior to the sale of real property
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public authorities law  is  amended  by  adding  a  new
 section 1885 to read as follows:
   § 1885. ON-BILL FINANCING OPTION REQUIRED. ANY PERSON WHO OFFERS ENER-
 GY EFFICIENCY SERVICES SHALL OFFER ON-BILL FINANCING FOR SUCH SERVICES.
   § 2. Section 1851 of the public authorities law is amended by adding a
 new subdivision 12 to read as follows:
   12.  "ENERGY  EFFICIENCY SERVICES" MEANS A MODIFICATION TO A STRUCTURE
 APPROVED BY THE AUTHORITY WHICH IS CONSISTENT WITH STANDARDS ESTABLISHED
 BY THE AUTHORITY AND  THAT  WILL  INCREASE  THE  ENERGY  EFFICIENCY  AND
 CONSERVATION  OF  A NEW OR EXISTING STRUCTURE, INCLUDING BUT NOT LIMITED
 TO:
   (A) APPLICATION OF WEATHERSTRIPPING, CAULKING, SEALANT AND OTHER MATE-
 RIALS AROUND DOORS, WINDOWS, AND OTHER  AREAS  OF  A  BUILDING  FOR  THE
 PURPOSE  OF  INSULATING OR SEALING OPENINGS IN THE BUILDING ENVELOPE AND
 WITHIN THE BUILDING TO MITIGATE ENERGY LOSS;
   (B) TESTING, REPAIRING AND REPLACING HEATING  OR  COOLING  SYSTEMS  OR
 COMPONENTS OF SUCH SYSTEMS;
   (C) THERMOSTAT UPGRADES;
   (D) WATER HEATER REPAIR AND REPLACEMENT;
   (E)  ROOF,  CHIMNEY,  FIREPLACE  AND ROOF VENT REPAIR, INSOFAR AS SUCH
 REPAIRS ARE DETERMINED BY AN ENERGY AUDIT TO BE  NECESSARY  TO  MITIGATE
 ENERGY LOSS OR RESOLVE ENERGY SYSTEM RELATED HEALTH AND SAFETY ISSUES;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13570-01-3
 A. 8270                             2
              

 
   (F)  REPAIR  AND  REPLACEMENT  OF STORM WINDOWS, PERMANENT WINDOWS AND
 EXTERIOR DOORS;
   (G) REPAIR OR REPLACEMENT OF MAJOR HOUSEHOLD APPLIANCES;
   (H) INSTALLATION OF THERMAL SOLAR HEAT OR HOT WATER SYSTEMS;
   (I) ADDITION OF INSULATION TO EXTERIOR WALLS OR CEILINGS;
   (J)  REPLACEMENT  OF INEFFICIENT LIGHT BULBS AND LIGHTING FIXTURES AND
 SYSTEMS;
   (K) MINOR REPAIRS THAT ARE NECESSARY TO ENSURE MAXIMUM EFFICIENCY FROM
 THE PROVISION OF ENERGY EFFICIENCY SERVICES;
   (L) INSTALLATION OF CARBON MONOXIDE DETECTORS AND INDOOR ENVIRONMENTAL
 TESTING AND MITIGATION DEEMED NECESSARY AS A RESULT OF THE PROVISION  OF
 OTHER ENERGY EFFICIENCY SERVICES;
   (M)  FUEL  SWITCHING  TO  CONVERT AN ELECTRICALLY-HEATED BUILDING TO A
 MORE EFFICIENT HEATING SOURCE PROVIDED THAT SIGNIFICANT ENERGY COST-SAV-
 INGS CAN BE  DEMONSTRATED  PURSUANT  TO  STANDARDS  ESTABLISHED  BY  THE
 AUTHORITY;
   (N) INSTALLATION OF ENERGY TECHNOLOGIES ELIGIBLE FOR NET ENERGY METER-
 ING PURSUANT TO SECTION SIXTY-SIX-J OR SIXTY-SIX-L OF THE PUBLIC SERVICE
 LAW; AND
   (O) PURCHASE AND INSTALLATION OF GEOTHERMAL ENERGY SYSTEMS.
   §  3.  The public service law is amended by adding a new section 54 to
 read as follows:
   § 54. ON-BILL FINANCING OPTION REQUIRED. 1. ANY  PERSON,  CORPORATION,
 OR  MUNICIPALITY  WHO  OFFERS  ENERGY  EFFICIENCY  SERVICES  SHALL OFFER
 ON-BILL FINANCING FOR SUCH SERVICES.
   2. FOR THE PURPOSES OF  THIS  SECTION,  THE  TERM  "ENERGY  EFFICIENCY
 SERVICES" MEANS A MODIFICATION TO A STRUCTURE APPROVED BY THE DEPARTMENT
 WHICH  IS  CONSISTENT  WITH  STANDARDS ESTABLISHED BY THE DEPARTMENT AND
 THAT WILL INCREASE THE ENERGY EFFICIENCY AND CONSERVATION OF  A  NEW  OR
 EXISTING STRUCTURE, INCLUDING BUT NOT LIMITED TO:
   (A) APPLICATION OF WEATHERSTRIPPING, CAULKING, SEALANT AND OTHER MATE-
 RIALS  AROUND  DOORS,  WINDOWS,  AND  OTHER  AREAS OF A BUILDING FOR THE
 PURPOSE OF INSULATING OR SEALING OPENINGS IN THE BUILDING  ENVELOPE  AND
 WITHIN THE BUILDING TO MITIGATE ENERGY LOSS;
   (B)  TESTING,  REPAIRING  AND  REPLACING HEATING OR COOLING SYSTEMS OR
 COMPONENTS OF SUCH SYSTEMS;
   (C) THERMOSTAT UPGRADES;
   (D) WATER HEATER REPAIR AND REPLACEMENT;
   (E) ROOF, CHIMNEY, FIREPLACE AND ROOF VENT  REPAIR,  INSOFAR  AS  SUCH
 REPAIRS  ARE  DETERMINED  BY AN ENERGY AUDIT TO BE NECESSARY TO MITIGATE
 ENERGY LOSS OR RESOLVE ENERGY SYSTEM RELATED HEALTH AND SAFETY ISSUES;
   (F) REPAIR AND REPLACEMENT OF STORM  WINDOWS,  PERMANENT  WINDOWS  AND
 EXTERIOR DOORS;
   (G) REPAIR OR REPLACEMENT OF MAJOR HOUSEHOLD APPLIANCES;
   (H) INSTALLATION OF THERMAL SOLAR HEAT OR HOT WATER SYSTEMS;
   (I) ADDITION OF INSULATION TO EXTERIOR WALLS OR CEILINGS;
   (J)  REPLACEMENT  OF INEFFICIENT LIGHT BULBS AND LIGHTING FIXTURES AND
 SYSTEMS;
   (K) MINOR REPAIRS THAT ARE NECESSARY TO ENSURE MAXIMUM EFFICIENCY FROM
 THE PROVISION OF ENERGY EFFICIENCY SERVICES;
   (L) INSTALLATION OF CARBON MONOXIDE DETECTORS AND INDOOR ENVIRONMENTAL
 TESTING AND MITIGATION DEEMED NECESSARY AS A RESULT OF THE PROVISION  OF
 OTHER ENERGY EFFICIENCY SERVICES;
   (M)  FUEL  SWITCHING  TO  CONVERT AN ELECTRICALLY-HEATED BUILDING TO A
 MORE EFFICIENT HEATING SOURCE PROVIDED THAT SIGNIFICANT ENERGY COST-SAV-
 A. 8270                             3
 
 INGS CAN BE  DEMONSTRATED  PURSUANT  TO  STANDARDS  ESTABLISHED  BY  THE
 DEPARTMENT;
   (N) INSTALLATION OF ENERGY TECHNOLOGIES ELIGIBLE FOR NET ENERGY METER-
 ING PURSUANT TO SECTION SIXTY-SIX-J OR SIXTY-SIX-L OF THIS CHAPTER; AND
   (O) PURCHASE AND INSTALLATION OF GEOTHERMAL ENERGY SYSTEMS.
   §  4.  Subdivision 4 of section 242 of the real property law, as added
 by chapter 388 of the laws of 2011, is amended to read as follows:
   4. Disclosure prior to the sale of real property  to  which  [a  green
 jobs-green  New  York]  on-bill [recovery charge] FINANCING applies. (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  OR  ANY  OTHER ON-BILL FINANCING 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  recovery  charge  OR  ANOTHER  FORM  OF  ON-BILL
 FINANCING".  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, AND WHETHER SUCH ON-BILL FINANCING  WILL  CONTINUE  AFTER  THE
 SALE  IS  COMPLETE  OR IF THE SELLER WILL PAY OFF ANY REMAINING BALANCE.
 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.
   §  5. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law. Effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such effective date.