S T A T E O F N E W Y O R K
________________________________________________________________________
1335--A
2025-2026 Regular Sessions
I N S E N A T E
January 9, 2025
___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Energy and Telecommuni-
cations -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
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, QUALIFYING
RESILIENCY 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 installa-
tion of renewable energy systems [and], energy efficiency measures,
QUALIFYING WATER IMPROVEMENTS, QUALIFYING RESILIENCY IMPROVEMENTS, AND
THE USE OF LOW CARBON INTENSITY BUILDING COMPONENTS.
§ 2. Subdivisions 3, 4, 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:
3. "Energy audit" means a formal evaluation of the energy consumption
of a permanent building or structural improvement to real property,
conducted by a QUALIFYING contractor [certified by the authority, or
certified by a certifying entity approved by the authority for purposes
of this article,] for the purpose of identifying appropriate energy
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02166-03-5
S. 1335--A 2
efficiency improvements that could be made to or incorporated into the
construction of the property. [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.]
4. "Energy efficiency improvement" means any improvement to real prop-
erty, whether as a component of the new construction of a building or as
the renovation or retrofitting of an existing building to reduce energy
consumption[, such as window and door replacement, lighting, caulking,
weatherstripping, air sealing, insulation, and heating and cooling
system upgrades, and similar improvements, determined to be cost-effec-
tive pursuant to criteria established by the authority] OR GREENHOUSE
GAS EMISSIONS. However, "energy efficiency improvement" shall not
include lighting measures or household appliances that are not perma-
nently fixed to real property.
5. "FEASIBILITY STUDY" MEANS A WRITTEN STUDY, CONDUCTED BY A QUALIFY-
ING CONTRACTOR FOR THE PURPOSE OF DETERMINING THE FEASIBILITY OF
INSTALLING A RENEWABLE ENERGY SYSTEM, QUALIFYING WATER IMPROVEMENTS,
QUALIFYING RESILIENCY IMPROVEMENTS OR LOW CARBON INTENSITY BUILDING
COMPONENT IMPROVEMENTS.
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-ff of the general municipal law is amended by adding
three new subdivisions 11, 12 and 13 to read as follows:
11. "GREENHOUSE GAS EMISSIONS" MEANS THE EMISSION OF CARBON DIOXIDE,
METHANE, NITROUS OXIDE, AND FLUORINATED GASES.
12. "QUALIFYING CONTRACTOR" MEANS A CONTRACTOR THAT IS: (A) CERTIFIED
BY THE AUTHORITY, OR CERTIFIED BY A CERTIFYING ENTITY APPROVED BY THE
AUTHORITY FOR PURPOSES OF THIS ARTICLE, OR (B) CERTIFIED BY A MUNICI-
S. 1335--A 3
PALITY PURSUANT TO LOCAL LAW THAT INCORPORATES CRITERIA AT LEAST AS
STRINGENT AS THE STATEWIDE CRITERIA FOR CERTIFICATION ADOPTED BY THE
AUTHORITY, TO CONDUCT AN ENERGY AUDIT AND A FEASIBILITY STUDY.
13. "QUALIFYING RESILIENCY IMPROVEMENTS" MEANS IMPROVEMENTS TO REAL
PROPERTY, A COMPONENT OF THE NEW CONSTRUCTION OF A BUILDING, OR THE
RENOVATION OR RETROFITTING OF AN EXISTING BUILDING, THAT IS DESIGNED TO
ENABLE THE BUILDING, STRUCTURE, OR OCCUPANTS OF SUCH BUILDING OR STRUC-
TURE TO WITHSTAND OR RECOVER QUICKLY FROM DISRUPTION FROM THE CURRENT
AND FUTURE HAZARDS OF EXTREME WEATHER EVENTS, INCLUDING BUT NOT LIMITED
TO FLOODS, HIGH WINDS, TORNADOS, EXTREME TEMPERATURE, HEAVY RAINFALL,
SEA LEVEL RISE AND WILDFIRES, OR DESIGNED TO ADVANCE ENERGY STORAGE,
MICROGRIDS, OR ALTERNATE VEHICLE CHARGING INFRASTRUCTURE, OR IMPROVE
INDOOR AIR QUALITY. HOWEVER, "QUALIFYING RESILIENCY IMPROVEMENTS" SHALL
NOT INCLUDE MEASURES THAT ARE NOT PERMANENTLY FIXED TO REAL PROPERTY.
§ 4. 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, QUALIFYING RESILIENCY IMPROVEMENTS, LOW CARBON
INTENSITY BUILDING COMPONENTS, related energy audits and [renewable
energy system] feasibility studies, and the verification of the instal-
lation 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 ener-
gy loan program shall use such lists of cost effective energy efficiency
improvements for different building types as are approved by the author-
ity.] EACH SUCH LOCAL LAW MAY PROVIDE CRITERIA FOR QUALIFYING CONTRAC-
TORS THAT MAY CONDUCT ENERGY AUDITS OR FEASIBILITY STUDIES IN THE MUNI-
CIPALITY.
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, QUALIFYING RESILIENCY
IMPROVEMENTS, AND LOW CARBON INTENSITY 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
S. 1335--A 4
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
OF SUCH REAL PROPERTY UPON COMPLETION OF THE IMPROVEMENTS or the [actu-
al] cost of installing the renewable energy system [and], energy effi-
ciency improvements, QUALIFYING WATER IMPROVEMENTS, QUALIFYING RESILIEN-
CY IMPROVEMENTS, OR LOW CARBON INTENSITY BUILDING COMPONENT
IMPROVEMENTS, 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 THE INSTALLA-
TION OF such renewable energy system [and], energy efficiency IMPROVE-
MENTS, QUALIFYING WATER IMPROVEMENTS, QUALIFYING RESILIENCY IMPROVE-
MENTS, AND LOW CARBON INTENSITY BUILDING COMPONENT 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, QUALIFYING WATER
IMPROVEMENTS, QUALIFYING RESILIENCY IMPROVEMENTS OR LOW CARBON INTENSITY
BUILDING COMPONENT IMPROVEMENTS unless determined to be feasible through
a [renewable energy system] feasibility study.
8. AN ENERGY AUDIT MAY DOCUMENT: (A) IMPROVEMENTS AND RELATED COSTS
THAT ARE REQUIRED FOR THE ENERGY EFFICIENCY IMPROVEMENTS TO PROCEED; AND
(B) EXPECTED ENERGY SAVINGS, ANY EXPECTED REDUCTIONS IN GREENHOUSE GAS
EMISSIONS, AND ANY OTHER ENVIRONMENTAL, ECONOMIC AND PUBLIC HEALTH BENE-
FITS 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.
9. A FEASIBILITY STUDY MAY DOCUMENT: (A) IMPROVEMENTS AND RELATED
COSTS THAT ARE REQUIRED FOR THE RENEWABLE ENERGY SYSTEM, QUALIFYING
WATER IMPROVEMENTS, QUALIFYING RESILIENCY IMPROVEMENTS OR LOW CARBON
INTENSITY BUILDING COMPONENT IMPROVEMENTS TO PROCEED; AND (B) 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 SEVEN-
TY-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[,]; PROVIDED
THAT IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, 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,
COLLECTED AND ENFORCED AT THE SAME TIME AND IN THE SAME MANNER AS MUNIC-
IPAL TAXES; AND provided, FURTHER, that: (A) such charge shall be sepa-
rately listed on the tax bill[,]; and [provided further that] (B) in the
event such charge should not be paid in a timely manner, no other munic-
ipal corporation shall be required to credit or otherwise guarantee the
S. 1335--A 5
amount of such unpaid charge to the municipal corporation which author-
ized the loan, notwithstanding any provision of law to the contrary.
12. EXCEPT IN A CITY WITH A POPULATION OF ONE MILLION OR MORE:
(A) 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.
(B) 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.
§ 5. This act shall take effect immediately.
