NY State Senate Bill 2025-S8237

Current Bill Status - In Senate Committee Energy And Telecommunications Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 27, 2025	referred to energy and telecommunications

2025-S8237 (ACTIVE) - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Authorities Law
Laws Affected:: Amd §1896, Pub Auth L; amd §66-m, Pub Serv L; amd §242, RP L

2025-S8237 (ACTIVE) - Summary

Relates to on-bill recovery loan agreements executed under the green jobs-green New York program.

2025-S8237 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8237

SPONSOR: PARKER
 
TITLE OF BILL:

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
program

 
PURPOSE OF THE BILL:

This legislation would amend section 1896 of Public Authorities Law,
section 66-m of Public Service Law and section 242 of the Real Property
Law to increase the maximum residential loan value and allow a revised
On-Bill Recovery (OBR) loan transferability process. This proposal would
increase the maximum loan authorized for residential properties from
$25,000 to $50,000 and modify the payback period for loans in excess of
$13,000.

Additionally, this proposal would allow that, upon sale or transfer of a
property subject to an existing OBR loan, the original borrower(s) may
obtain express written voluntary acceptance by the purchaser/transferee
of a property to accept the remaining charges on the OBR loan in accord-

ance with the OBR loan agreement. If the original borrower is unable to
receive and submit a signed acceptance for the remaining charges from
the purchaser/transferee in accordance with the OBR loan agreement, the
original borrower shall continue to be responsible for direct loan
payments to NYSERDA's loan servicer.  As a result of this change, the
recordation of the loan in the municipal recording office would be elim-
inated, because a purchaser/transferee would only be responsible for the
remaining loan charges by voluntary and express written consent. Elimi-
nation of such recording would reduce processing time for borrowers,
reduce confusion during property sale or transfer, provide substantial
program cost savings, and avoid the need to charge municipal and other
fees associated with recording loans to borrowers. The original borrower
would retain the ability to pay off the loan, without penalty, at the
time of transfer or any time prior to final satisfaction
 of the loan. This proposal would not change existing OBR loans.
 
SUMMARY OF PROVISIONS:

Section 1: Amends subdivision 2 (b) (ii) of PAL section 1896 to increase
the maximum loan amount for residential properties from $25,000 to
$50,000. This section also removes the payback period of up to 15 years
for loans larger than $13,000 and requires that the payback period does
not exceed the useful life of the energy efficiency measures installed.

Section 2: Amends subdivision 5 (a) of PAL section 1896 to modify the
transferability of loans to allow the loan to be voluntarily assumed by
a subsequent purchaser of a property by written agreement, eliminating
both the requirement for recording loans with these provisions and the
costly fees, confusion and other issues that have arisen with such
recordings and property transfers.

Section 3: Amends paragraph (d) of subdivision (2) of PSL section 66-m
to provide that the OBR loan charges shall survive changes in ownership
if NYSERDA has recorded a declaration, pursuant to article nine of the
real property law, with respect to the existence of an OBR loan.


Section 4: Amends subdivision (4) to section 242 of the Real Property
Law to modify the disclosure of OBR loan requirements to provide that
notice is not necessary if the loan agreement provides that upon trans-
fer of a property the purchaser is only responsible for OBR charges
through written express assumption provided in the OBR loan agreement.

Section 5: Provides that this act shall take effect immediately.

 
JUSTIFICATION:

Costs for the installation of energy efficiency measures have increased
substantially in the past few years, which has led homeowners to obtain
an initial loan through the NYSERDA GJ-GNY Loan Program, and then a
secondary loan, to cover the excess costs, further increasing the cost
of customers`' energy efficiency and renewable energy projects. This
amendment would provide more homeowners with the ability to fund their
projects solely through a NYSERDA GJ-GNY loan, by allowing loans to
cover the higher costs instead of seeking secondary funding. Addi-
tionally, the current required recording process has led to delays in
approval of on-bill recovery loans, has generally been ineffective, is
costly and has led to confusion for prospective purchasers, mortgagees,
title companies, and attorneys during the property sale process. These
amendments will provide clarity and alleviate those costs.

 
PRIOR LEGISLATIVE HISTORY:

2024: S.9744- Parker: Passed Senate (No Same-As)

 
FISCAL IMPLICATIONS:

NYSERDA estimates that this bill would save $225,000 in SFY 23-24 and
save $450,000 in annual costs funded by RGGI proceeds.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S8237 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8237
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 27, 2025
                                ___________
 
 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 Energy and Telecommunications
 
 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
   program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (ii) of paragraph  (b)  of  subdivision  2  of
 section 1896 of the public authorities law, as amended by chapter 388 of
 the laws of 2011, is amended to read as follows:
   (ii)  loans  shall  not exceed thirteen thousand dollars per applicant
 for approved qualified energy efficiency services for residential struc-
 tures, and twenty-six thousand dollars per applicant for approved quali-
 fied  energy  efficiency  services   for   non-residential   structures,
 provided,  however,  that  the  authority may permit a loan in excess of
 such amounts if the total cost of energy efficiency measures financed by
 such loan will [achieve] INCLUDE a payback period [of fifteen  years  or
 less]  WHICH  DOES  NOT  EXCEED THE USEFUL LIFE OF THE ENERGY EFFICIENCY
 MEASURES INSTALLED, but in no event shall any such loan exceed  [twenty-
 five]  FIFTY  thousand  dollars per applicant for residential structures
 and fifty thousand dollars per applicant for non-residential structures;
 and for multi-family structures loans shall be in amounts determined  by
 the authority, provided, however, that the authority shall assure that a
 significant  number  of  residential  structures  are  included  in  the
 program;
   § 2. 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09947-01-5

 S. 8237                             2

 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
 THEY  ARE  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 AUTHORITY, OR ITS AGENT.  [The  decla-
 ration  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 meter account responsibility and, until  fully
 satisfied, shall constitute 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.]
   § 3. 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;
   § 4. 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
 S. 8237                             3
 
 CHARGES  AFTER  SALE  OR  TRANSFER IF THEY AGREE 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, TRANSFEROR, OR CURRENT LOAN HOLDER OF THE SUBJECT PROPERTY SHALL
 BE  RESPONSIBLE  FOR  PAYMENT  OF  SUCH REMAINING CHARGES THROUGH DIRECT
 BILLING AND PAYMENT TO THE NEW YORK STATE ENERGY RESEARCH  AND  DEVELOP-
 MENT AUTHORITY, OR ITS AGENT.
   § 5. This act shall take effect immediately.

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Senate Bill S8237

Sponsored By

Current Bill Status - In Senate Committee Energy And Telecommunications Committee

2025-S8237 (ACTIVE) - Details

2025-S8237 (ACTIVE) - Summary

2025-S8237 (ACTIVE) - Sponsor Memo

2025-S8237 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8237

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Sponsored By

Kevin S. Parker

Current Bill Status - In Senate Committee Energy And Telecommunications Committee

2025-S8237 (ACTIVE) - Details

2025-S8237 (ACTIVE) - Summary

2025-S8237 (ACTIVE) - Sponsor Memo

2025-S8237 (ACTIVE) - Bill Text download pdf

Comments