S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5404
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 13, 2025
                                ___________
 
 Introduced  by M. of A. STERN -- read once and referred to the Committee
   on Energy
 
 AN ACT to amend the general municipal law, in relation to the  municipal
   sustainable energy loan program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 119-ee of the general municipal law,  as  added  by
 chapter 497 of the laws of 2009, is amended to read as follows:
   §  119-ee. Legislative findings and declaration. The legislature finds
 and declares that it is the policy of the  state  to  achieve  statewide
 energy  efficiency  and  renewable  energy  goals, reduce greenhouse gas
 emissions and mitigate the effect of global climate change, and  advance
 a  clean  energy  economy; and that to achieve such policy and goals the
 state must promote the deployment of  renewable  energy  systems  [and],
 energy  efficiency  measures,  QUALIFYING  WATER  IMPROVEMENTS,  AND LOW
 CARBON INTENSITY BUILDING COMPONENTS  throughout  the  state;  and  that
 municipalities  would  fulfill  an important public purpose by providing
 loans to property  owners  for  the  installation  of  renewable  energy
 systems  [and],  energy  efficiency  measures, QUALIFYING WATER IMPROVE-
 MENTS, AND THE USE OF LOW CARBON INTENSITY BUILDING COMPONENTS.
   § 2. Subdivisions 5, 6, 7 and 8  of  section  119-ff  of  the  general
 municipal  law,  as  amended  by  chapter  184  of the laws of 2020, are
 amended to read as follows:
   5. "FEASIBILITY STUDY" MEANS A WRITTEN STUDY, CONDUCTED BY A  CONTRAC-
 TOR  CERTIFIED  BY  THE  AUTHORITY,  OR CERTIFIED BY A CERTIFYING ENTITY
 APPROVED BY THE AUTHORITY FOR PURPOSES OF THIS ARTICLE, FOR THE  PURPOSE
 OF  DETERMINING  THE FEASIBILITY OF INSTALLING A RENEWABLE ENERGY SYSTEM
 OR QUALIFYING WATER IMPROVEMENT. A MUNICIPAL CORPORATION MAY,  BY  LOCAL
 LAW, PROVIDE FOR THE CERTIFICATION OF SUCH CONTRACTORS BASED UPON CRITE-
 RIA  AT  LEAST AS STRINGENT AS THE STATE-WIDE CRITERIA FOR CERTIFICATION
 ADOPTED BY THE AUTHORITY FOR PURPOSES OF THIS ARTICLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02166-01-5
              

 A. 5404                             2
 
   6. "LOW CARBON INTENSITY BUILDING  COMPONENT  IMPROVEMENT"  MEANS  ANY
 PERMANENTLY AFFIXED IMPROVEMENT TO REAL PROPERTY, WHETHER AS A COMPONENT
 OF  THE NEW CONSTRUCTION OF A BUILDING OR AS THE RENOVATION OR RETROFIT-
 TING OF AN EXISTING BUILDING, TO REDUCE THE CARBON OR  OTHER  GREENHOUSE
 GAS EMISSIONS OF THOSE COMPONENTS OR THE IMPROVED PROPERTY.
   7. "Municipal corporation" means a county, town, city or village.
   8.  "QUALIFYING WATER IMPROVEMENT" MEANS ANY IMPROVEMENT TO REAL PROP-
 ERTY, WHETHER AS A COMPONENT OF THE NEW CONSTRUCTION OF A BUILDING OR AS
 THE RENOVATION AND RETROFITTING OF AN EXISTING BUILDING, TO REDUCE WATER
 CONSUMPTION, PROMOTE WATER CONSERVATION AND STORAGE, MANAGE  STORMWATER,
 RESIST FLOODING, AND MITIGATE CONTAMINATION IN POTABLE WATER SYSTEMS.
   [6.] 9. "Real property" means any property, an interest in which is or
 is  eligible  to  be  recorded or registered on municipal land ownership
 records by the possessor of such interest.
   [7.] 10. "Renewable energy system" means an energy  generating  system
 for  the  generation of electric or thermal energy, to be used primarily
 at such property, except when the owner of real property is a commercial
 entity, by means of solar thermal, solar photovoltaic, wind, geothermal,
 anaerobic digester gas-to-electricity systems, fuel  cell  technologies,
 or  other  renewable  energy  technology  approved  by the authority not
 including the combustion or pyrolysis of solid waste.
   [8. "Renewable energy system feasibility study" means a written study,
 conducted by a contractor certified by the authority, or certified by  a
 certifying  entity  approved by the authority for purposes of this arti-
 cle, for the purpose of determining  the  feasibility  of  installing  a
 renewable  energy  system.  A  municipal  corporation may, by local law,
 provide for the certification of such contractors based upon criteria at
 least as stringent as the state-wide criteria for certification  adopted
 by the authority for purposes of this article.]
   §  3. Section 119-gg of the general municipal law, as added by chapter
 497 of the laws of 2009, subdivisions 1 and 6 as amended by chapter  320
 of the laws of 2017, is amended to read as follows:
   §  119-gg. Sustainable energy loan program. 1. The legislative body of
 any municipal corporation may, by local  law,  establish  a  sustainable
 energy  loan  program  using  federal grant assistance or federal credit
 support or monies from the state of New York or any state  authority  as
 defined  by section two of the public authorities law available for this
 purpose.
   2. Such program may make loans to the owners of real property  located
 within  the municipal corporation to finance the installation of renewa-
 ble energy systems [and],  energy  efficiency  improvements,  QUALIFYING
 WATER  IMPROVEMENTS,  LOW  CARBON INTENSITY BUILDING COMPONENTS, related
 energy audits and [renewable energy system] feasibility studies, and the
 verification of the installation of such systems  and  improvements.  No
 municipal  corporation  shall  make  such a loan to an owner of property
 that has received a loan from another municipal corporation pursuant  to
 this article.
   3.  Each  such  local  law  establishing  the  sustainable energy loan
 program shall provide for the criteria for making  such  loans  and  the
 terms and conditions for repayment of such loans. The sustainable energy
 loan  program  shall  use such lists of cost effective energy efficiency
 improvements for different building types as are approved by the author-
 ity.
   4. The municipal corporation shall verify and report on the  installa-
 tion and performance of renewable energy systems [and], energy efficien-
 cy improvements, QUALIFYING WATER IMPROVEMENTS, AND LOW CARBON INTENSITY
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 BUILDING  COMPONENT  IMPROVEMENTS  financed  by the loan program in such
 form and manner as the authority may establish.
   5.  Every loan made under the sustainable energy loan program shall be
 repaid over a term not to exceed the [weighted  average  of  the  useful
 life  of  such  systems  and  improvements]  THE LONGEST LIVED SYSTEM OR
 IMPROVEMENT as determined by the municipal  corporation.  The  municipal
 corporation  shall [set] APPROVE a fixed rate of interest for the repay-
 ment of the principal amount of each loan at the time the loan is made.
   6. a. For loans made to an owner of real property that is a commercial
 entity, not-for-profit organization, or entity other than an individual,
 the municipal corporation, GOVERNING BODY OR  ITS  DULY  ASSIGNED  AGENT
 shall  have  the  authority to impose requirements on the maximum amount
 that may be borrowed through  such  loan,  which  may  consider  factors
 including  but  not  limited  to  the property value, projected savings,
 project cost, and existing indebtedness secured by such property.
   b. For loans made to an owner of real property who is  an  individual,
 the  principal  amount  of each such loan, excluding interest, shall not
 exceed the lesser of ten percent of the appraised real property value or
 the actual cost of installing the renewable energy system [and],  energy
 efficiency  [improvements] IMPROVEMENT, QUALIFYING WATER IMPROVEMENT, OR
 LOW CARBON INTENSITY BUILDING COMPONENT IMPROVEMENT, including the costs
 of necessary equipment, materials, and labor, the costs of each  related
 energy audit and renewable energy system feasibility study, and the cost
 of  verification  of  such renewable energy system and energy efficiency
 improvements.
   7. No such loan shall  be  made  for  energy  efficiency  improvements
 unless determined to be appropriate through an energy audit, and no such
 loan  shall  be  made  for a renewable energy system OR QUALIFYING WATER
 IMPROVEMENT unless determined to be feasible through a [renewable energy
 system] feasibility study.
   8.  AN ENERGY AUDIT MAY DOCUMENT IMPROVEMENTS AND RELATED  COSTS  THAT
 ARE  REQUIRED  FOR  THE  ENERGY  EFFICIENCY  IMPROVEMENTS TO PROCEED AND
 FURTHER MAY DOCUMENT EXPECTED ENERGY SAVINGS, ANY EXPECTED REDUCTIONS IN
 GREENHOUSE GAS EMISSIONS, AND  ANY  OTHER  ENVIRONMENTAL,  ECONOMIC  AND
 PUBLIC  HEALTH  BENEFITS  EXPECTED FROM THE INSTALLATION OF THE IMPROVE-
 MENTS, INCLUDING THOSE ENUMERATED  IN  THE  SCOPING  PLANS  AND  RELATED
 VALUES  CREATED  PURSUANT  TO  ARTICLE SEVENTY-FIVE OF THE ENVIRONMENTAL
 CONSERVATION LAW.
   9. A FEASIBILITY STUDY MAY DOCUMENT  IMPROVEMENTS  AND  RELATED  COSTS
 THAT  ARE  REQUIRED  FOR THE RENEWABLE ENERGY SYSTEM OR QUALIFYING WATER
 IMPROVEMENTS  TO  PROCEED  AND  FURTHER  MAY  DOCUMENT  EXPECTED  ENERGY
 SAVINGS,  ANY  EXPECTED  REDUCTIONS IN GREENHOUSE GAS EMISSIONS, AND ANY
 OTHER ENVIRONMENTAL, ECONOMIC AND PUBLIC HEALTH BENEFITS  EXPECTED  FROM
 THE  INSTALLATION OF THE IMPROVEMENTS, INCLUDING THOSE ENUMERATED IN THE
 SCOPING PLANS AND RELATED VALUES CREATED PURSUANT  TO  ARTICLE  SEVENTY-
 FIVE OF THE ENVIRONMENTAL CONSERVATION LAW.
   10.  The  loan  made  under  the sustainable energy loan program shall
 constitute a lien upon the real property benefitted by such loan.
   [9.] 11. The municipal corporation may require the loan made under the
 sustainable energy loan program to  be  repaid  by  the  property  owner
 through  a  charge  on  the  real property benefitted by such loan. Such
 charge shall be on the real property, SHALL BE PAYABLE BY  THE  PROPERTY
 OWNER REGARDLESS OF TAX-PAYING OR TAX-EXEMPT STATUS, and shall be levied
 and  collected at the same time and in [the same] A manner [as] CONSIST-
 ENT WITH THE MANNER GENERALLY APPLIED TO municipal taxes (AND REGARDLESS
 OF WHETHER MUNICIPAL TAXES ARE ACTUALLY PAYABLE FOR SUCH REAL PROPERTY),
 A. 5404                             4
 
 provided that such charge shall be separately listed on  the  tax  bill,
 and provided further that in the event such charge should not be paid in
 a  timely  manner,  no  other municipal corporation shall be required to
 credit  or  otherwise  guarantee the amount of such unpaid charge to the
 municipal corporation which authorized  the  loan,  notwithstanding  any
 provision of law to the contrary.
   12. TO THE EXTENT ANY SUCH CHARGE IS NOT PAID WHEN DUE (AND REGARDLESS
 OF  THE TAX PAYMENT STATUS FOR THE REAL PROPERTY AND THE SATISFACTION OR
 NON-SATISFACTION OF OTHER MUNICIPAL TAXES), THE DELINQUENT CHARGE MAY BE
 ENFORCED OR FORECLOSED UNDER  ARTICLE  THIRTEEN  OF  THE  REAL  PROPERTY
 ACTIONS  AND  PROCEEDINGS  LAW  TO  THE EXTENT OF ANY UNPAID INSTALLMENT
 PAYMENTS. IN  ANY  EVENT  OF  ENFORCEMENT,  INCLUDING  FORECLOSURE,  THE
 BALANCE OF THE LIEN SHALL NOT ACCELERATE AND SHALL SURVIVE JUDGMENT. THE
 PROCEEDS RECEIVED IN AN ACTION TO ENFORCE AN UNPAID OR DELINQUENT CHARGE
 SHALL BE PAID FIRST TO OUTSTANDING REAL PROPERTY TAXES, MUNICIPAL CHARG-
 ES, OR OTHER MUNICIPAL LIENS.
   13.  THE  MUNICIPAL CORPORATION MAY ASSIGN THE ENFORCEMENT OR FORECLO-
 SURE OF A DELINQUENT CHARGE OR CHARGES,  IN  WHICH  EVENT  THE  ASSIGNEE
 SHALL HAVE AND POSSESS THE SAME POWERS AND RIGHTS AT LAW OR IN EQUITY AS
 THE  MUNICIPAL  CORPORATION  WOULD  HAVE  HAD  IT NOT BEEN ASSIGNED WITH
 REGARD TO THE PRECEDENCE AND PRIORITY OF SUCH  DELINQUENT  CHARGES,  THE
 ACCRUAL  OF  INTEREST  AND THE FEES AND EXPENSES OF COLLECTION. IN ADDI-
 TION, SUCH ASSIGNEE SHALL HAVE THE SAME RIGHTS TO  ENFORCE  SUCH  DELIN-
 QUENT  CHARGE  OR  CHARGES  AS  ANY PRIVATE PARTY HOLDING A LIEN ON REAL
 PROPERTY, INCLUDING, BUT NOT LIMITED TO, FORECLOSURE AND A SUIT  ON  THE
 DEBT.
   § 4. This act shall take effect immediately.