Bill Text: NY S01171 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to green jobs-green New York on-bill financing for retrofit projects; amends definitions.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S01171 Detail]
Download: New_York-2011-S01171-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1171
2011-2012 Regular Sessions
I N S E N A T E
January 5, 2011
___________
Introduced by Sens. PARKER, SQUADRON -- read twice and ordered printed,
and when printed to be committed to the Committee on Energy and Tele-
communications
AN ACT to amend the public service law, the public authorities law, and
the real property law, in relation to green jobs-green New York
on-bill financing
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 2 of the public service law is amended by adding
2 three new subdivisions 28, 29 and 30 to read as follows:
3 28. THE TERM "CAPITAL IMPROVEMENTS AND FIXTURES TO PROMOTE ENERGY
4 EFFICIENCY," WHEN USED IN THIS CHAPTER, MEANS REPAIRS AND UPGRADES TO
5 BUILDINGS, BUILDING SYSTEMS, FIXTURES AND MAJOR APPLIANCES FOR THE
6 PURPOSE OF REDUCING THE CONSUMPTION OF ELECTRICITY, GAS, OIL AND OTHER
7 FUELS, AS DEEMED ELIGIBLE UNDER THE GREEN JOBS-GREEN NEW YORK PROGRAM BY
8 THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, SUCH AS
9 WINDOW AND DOOR REPLACEMENT, LIGHTING, CAULKING, WEATHERSTRIPPING, AIR
10 SEALING, INSULATION, AND HEATING AND COOLING SYSTEM UPGRADES, AND SIMI-
11 LAR IMPROVEMENTS. WITH RESPECT TO ONE TO FOUR FAMILY RESIDENTIAL PROPER-
12 TIES, THE TERM "ENERGY EFFICIENCY IMPROVEMENT" MAY INCLUDE ANY HEALTH
13 AND SAFETY RELATED REPAIRS THAT ARE REQUIRED TO BE MADE IN CONJUNCTION
14 WITH OTHER ENERGY EFFICIENCY IMPROVEMENTS IN ORDER TO CONFORM WITH THE
15 STANDARDS OF THE CERTIFYING ENTITY DESCRIBED IN SUBDIVISION FOUR OF THIS
16 SECTION, HOWEVER, WITH RESPECT TO THE GREEN JOBS-GREEN NEW YORK ON-BILL
17 CHARGE ESTABLISHED PURSUANT TO SECTION SIXTY-SIX-M OF THIS CHAPTER,
18 "CAPITAL IMPROVEMENTS AND FIXTURES TO PROMOTE ENERGY EFFICIENCY" SHALL
19 NOT INCLUDE LIGHTING MEASURES OR HOUSEHOLD APPLIANCES THAT ARE NOT
20 PERMANENTLY FIXED TO REAL PROPERTY.
21 29. THE TERM "GREEN JOBS-GREEN NEW YORK ON-BILL CHARGE," WHEN USED IN
22 THIS CHAPTER, MEANS A CHARGE APPEARING ON THE MONTHLY UTILITY BILL OF A
23 UTILITY CUSTOMER WHO ELECTS TO PARTICIPATE IN THE GREEN JOBS-GREEN NEW
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02144-01-1
S. 1171 2
1 YORK PROGRAM AND TO FINANCE CAPITAL IMPROVEMENTS UNDER THAT PROGRAM
2 THROUGH SUCH A CHARGE.
3 30. THE TERM "NYSERDA," WHEN USED IN THIS CHAPTER, MEANS THE NEW YORK
4 STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, PURSUANT TO SECTION
5 EIGHTEEN HUNDRED FIFTY-TWO OF THE PUBLIC AUTHORITIES LAW.
6 S 2. Paragraph (a) of subdivision 2 of section 32 of the public
7 service law, as added by chapter 713 of the laws of 1981, is amended to
8 read as follows:
9 (a) fails to pay charges for any service rendered during the preceding
10 twelve months, INCLUDING ANY GREEN JOBS-GREEN NEW YORK ON-BILL CHARGE,
11 provided however that the commission by regulations may permit the
12 termination of service for bills due for service rendered during periods
13 in excess of twelve months where (i) there was a dispute between such
14 person and the utility corporation or municipality concerning the bill
15 during the twelve month period, (ii) delays in termination are not the
16 fault of the utility or were due to the culpable conduct of such person,
17 or (iii) such bills are necessary to adjust estimated bills; or
18 S 3. Paragraph (b) of subdivision 6 of section 18-a of the public
19 service law, as added by section 4 of part NN of chapter 59 of the laws
20 of 2009, is amended to read as follows:
21 (b) The temporary state energy and utility service conservation
22 assessment shall be equal to two percentum of the utility entity's gross
23 operating revenues derived from intrastate utility operations in the
24 last preceding calendar year, minus the amount, if any, that such utili-
25 ty entity is assessed pursuant to subdivisions one and two of this
26 section for the corresponding state fiscal year period. With respect to
27 the Long Island power authority, the temporary state energy and utility
28 service conservation assessment shall be equal to one percentum of such
29 authority's gross operating revenues derived from intrastate utility
30 operations in the last preceding calendar year. THE TEMPORARY STATE
31 ENERGY AND UTILITY SERVICE CONSERVATION ASSESSMENT SHALL NOT BE APPLIED
32 TO THE GREEN JOBS-GREEN NEW YORK ON-BILL CHARGE BILLED AND COLLECTED
33 PURSUANT TO SECTION SIXTY-SIX-M OF THIS CHAPTER. No corporation or
34 person subject to the jurisdiction of the commission only with respect
35 to safety, or the power authority of the state of New York, shall be
36 subject to the temporary state energy and utility service conservation
37 assessment provided for under this subdivision. Utility entities whose
38 gross operating revenues from intrastate utility operations are five
39 hundred thousand dollars or less in the preceding calendar year shall
40 not be subject to the temporary state energy and utility service conser-
41 vation assessment. The minimum temporary state energy and utility
42 service conservation assessment to be billed to any utility entity whose
43 gross revenues from intrastate utility operations are in excess of five
44 hundred thousand dollars in the preceding calendar year shall be two
45 hundred dollars.
46 S 4. Subdivision 6 of section 65 of the public service law, as
47 amended by chapter 204 of the laws of 2010, is amended to read as
48 follows:
49 6. Service charges prohibited. Every gas corporation shall charge for
50 gas supplied a fair and reasonable price. No such corporation shall make
51 or impose an additional charge or fee for service or for the installa-
52 tion of apparatus or the use of apparatus installed, except that a
53 charge may be made:
54 (a) where entry, inspection or examination as authorized by subdivi-
55 sion nine of this section is denied;
S. 1171 3
1 (b) for reconnecting the service to a person or corporation if the
2 service to such person or corporation was disconnected, in accordance
3 with applicable legal requirements, for non-payment of bills for
4 service;
5 (b-1) for expenses reasonably incurred as determined by the commission
6 in cases of meter tampering and theft of service. Such expenses shall
7 include, but not be limited to, the cost of investigating, repairing and
8 replacing meters and pipes, and the cost of moving a meter and install-
9 ing it in a secure location;
10 (c) for a remote meter reading device upon the request and consent of
11 the customer; [or]
12 (d) for installation of capital improvements and fixtures to promote
13 energy efficiency upon the request and consent of the customer; OR
14 (E) FOR CAPITAL IMPROVEMENTS AND FIXTURES TO PROMOTE ENERGY EFFICIENCY
15 PURSUANT TO THE PROGRAM ESTABLISHED IN PARAGRAPH (D) OF SUBDIVISION ONE
16 OF SECTION EIGHTEEN HUNDRED NINETY-FOUR OF THE PUBLIC AUTHORITIES LAW.
17 S 5. The public service law is amended by adding a new section 66-m to
18 read as follows:
19 S 66-M. GREEN JOBS-GREEN NEW YORK ON-BILL CHARGE. 1. THE COMMISSION
20 SHALL REQUIRE ELECTRIC AND GAS CORPORATIONS TO FILE TARIFFS TO PROVIDE
21 FOR THE BILLING AND COLLECTION OF GREEN JOBS-GREEN NEW YORK ON-BILL
22 CHARGES UTILIZED TO COLLECT PAYMENT OF OBLIGATIONS TO THE NYSERDA RETRO-
23 FIT INVESTMENT FUND THAT CUSTOMERS UNDERTAKE THROUGH THE GREEN
24 JOBS-GREEN NEW YORK PROGRAM "PROGRAM", ESTABLISHED PURSUANT TO TITLE
25 NINE-A OF ARTICLE EIGHT OF THE PUBLIC AUTHORITIES LAW. ELECTRIC AND GAS
26 CORPORATIONS SHALL SEEK FUNDING OPPORTUNITIES PROVIDED UNDER THE AMERI-
27 CAN RECOVERY AND REINVESTMENT ACT OF TWO THOUSAND NINE TO FUND OR OFFSET
28 COSTS ASSOCIATED WITH IMPLEMENTING THE PROGRAM. ELECTRIC AND GAS CORPO-
29 RATIONS SHALL UTILIZE EXISTING ELECTRONIC DATA INTERCHANGE INFRASTRUC-
30 TURE OR OTHER EXISTING BILLING INFRASTRUCTURE TO IMPLEMENT THE PROGRAM.
31 ELECTRIC AND GAS CORPORATIONS WILL BE PERMITTED TO RECOVER THROUGH RATES
32 THE COSTS OF ALL NECESSARY AND PRUDENT PROGRAM IMPLEMENTATION COSTS,
33 INCLUDING COSTS ASSOCIATED WITH ELECTRONIC DATA INTERCHANGE IMPROVE-
34 MENTS. THE COMMISSION SHALL WITHIN FORTY-FIVE DAYS OF THE EFFECTIVE
35 DATE OF THIS SECTION REQUIRE ALL ELECTRIC, STEAM AND/OR GAS CORPORATIONS
36 TO FILE TARIFFS TO IMPLEMENT THE PROGRAM FOR ALL ELIGIBLE CUSTOMERS
37 WITHIN THEIR RESPECTIVE SERVICE TERRITORIES AND ISSUE A NOTICE OF
38 PROPOSED RULE-MAKING ON SUCH TARIFFS. THE COMMISSION SHALL ACT EXPE-
39 DITIOUSLY, WITHIN THE MINIMUM TIME PERIOD CONSISTENT WITH THE REQUIRE-
40 MENTS OF THE STATE ADMINISTRATIVE PROCEDURE ACT, TO ISSUE A FINAL DECI-
41 SION REGARDING THE GREEN JOBS-GREEN NEW YORK TARIFFS.
42 2. THE TARIFFS SHALL PROVIDE:
43 (A) THAT FULL ACCESS TO THE BENEFITS OF THE PROGRAM BE AVAILABLE TO
44 ALL CUSTOMERS THAT MEET STANDARDS FOR RELIABLE UTILITY BILL PAYMENT AND
45 CURRENT GOOD STANDING ON ANY MORTGAGE OBLIGATIONS ON THE PREMISES AS
46 DETERMINED BY NYSERDA IN ITS CAPACITY AS MANAGER OF THE RETROFIT INVEST-
47 MENT FUND, AND WHO HOLD PRIMARY OWNERSHIP OR REPRESENT THE PRIMARY OWNER
48 OR OWNERS OF THE PREMISES, AND WHO HOLD PRIMARY METER ACCOUNT RESPONSI-
49 BILITY OR REPRESENT THE PRIMARY HOLDER OR HOLDERS OF METER ACCOUNT
50 RESPONSIBILITY FOR ALL METERS TO WHICH AN ON-BILL REPAYMENT OBLIGATION
51 IS ATTACHED.
52 (B) THAT THE GREEN JOBS-GREEN NEW YORK ON-BILL CHARGES FOR ANY
53 SERVICES PROVIDED AT THE CUSTOMER'S PREMISES SURVIVE CHANGES IN OWNER-
54 SHIP, TENANCY, OR METER ACCOUNT RESPONSIBILITY, WITH ARREARS AT TIME OF
55 METER ACCOUNT CLOSURE OR METER TRANSFER REMAINING THE RESPONSIBILITY OF
56 THE INCURRING CUSTOMER.
S. 1171 4
1 (C) THAT THE PREMISES OWNER MAY NOT TRANSFER PRIMARY METER ACCOUNT
2 RESPONSIBILITY FOR THE INCURRING METER TO A TENANT WHILE THE GREEN
3 JOBS-GREEN NEW YORK ON-BILL CHARGES SURVIVE.
4 (D) FOR THE DISCONNECTION OF SERVICE FOR NON-PAYMENT OF PROGRAM OBLI-
5 GATIONS, SUBJECT TO REQUIREMENTS OF ARTICLE TWO OF THIS CHAPTER.
6 (E) THAT ELECTRIC AND GAS CORPORATIONS SHALL ONLY BE RESPONSIBLE FOR
7 BILLING AND COLLECTION OF GREEN JOBS-GREEN NEW YORK ON-BILL CHARGES FOR
8 SPECIFIC CUSTOMERS IN THE AMOUNTS AND TIME PERIODS DIRECTED BY NYSERDA,
9 AND FOR SUCCESSOR CUSTOMERS AT THE SAME PREMISES, WHEN ADVISED BY NYSER-
10 DA THAT:
11 (I) THE SPECIFIC CUSTOMER HAS ENTERED INTO A WRITTEN REPAYMENT AGREE-
12 MENT WITH NYSERDA TO PAY SUCH AMOUNTS FOR SUCH TIME PERIODS.
13 (II) THE REPAYMENT AGREEMENT IS CONSISTENT WITH THE PROVISIONS OF
14 TITLE NINE-A OF ARTICLE EIGHT OF THE PUBLIC AUTHORITIES LAW AND WITH
15 REGULATIONS PROMULGATED PURSUANT TO SUCH TITLE.
16 (III) THE PROGRAM INCLUDES A SUBSTANTIVE PLAN TO PROVIDE FOR CUSTOMER
17 SERVICE AND RESOLUTION OF CUSTOMER COMPLAINTS, AND TO ACCOUNT FOR DELAYS
18 AND DEFAULTS IN CUSTOMER PAYMENTS.
19 (F) THAT THE UTILITY'S OBLIGATION TO COLLECT GREEN JOBS-GREEN NEW YORK
20 CUSTOMER REPAYMENTS DOES NOT RESTRICT THE UTILITY'S DISCRETION TO ESTAB-
21 LISH THE TERMS OF DEFERRED PAYMENT AGREEMENTS OR TO DEFER TERMINATION OF
22 SERVICE FOR DELINQUENT CUSTOMERS.
23 (G) THAT UNDERPAYMENTS OF BILLS BY CUSTOMERS WITH GREEN JOBS-GREEN NEW
24 YORK ON-BILL CHARGES SHALL BE APPORTIONED BETWEEN THE GREEN JOBS-GREEN
25 NEW YORK ON-BILL CHARGES AND ALL OTHER CHARGES ON THE BILL, WITH THE
26 PERCENTAGE OF THE UNDERPAYMENT APPORTIONED TO THE GREEN JOBS-GREEN NEW
27 YORK ON-BILL CHARGE EQUAL TO THE PERCENTAGE THE GREEN JOBS-GREEN NEW
28 YORK ON-BILL CHARGE REPRESENTS OF THE TOTAL BILL. THAT WITH CUSTOMER
29 CONSENT, THE UTILITY SHALL PROVIDE PRIOR YEAR CUSTOMER BILLING AND
30 CONSUMPTION DATA TO NYSERDA. IN CASES WHERE CUSTOMER CONSENT IS NOT
31 OBTAINED, THE UTILITY MAY PROVIDE AGGREGATE CENSUS TRACT DATA THAT
32 INCLUDES THE CUSTOMER'S ADDRESS.
33 (H) THAT NYSERDA SHALL BE RESPONSIBLE FOR THE RESOLUTION OF ANY
34 CUSTOMER COMPLAINTS REGARDING WORK PERFORMED PURSUANT TO THE PROGRAM AND
35 THE DETERMINATION OF WHETHER GREEN JOBS-GREEN NEW YORK ON-BILL CHARGES
36 SHOULD BE MODIFIED. SUCH COMPLAINTS SHALL NOT BE COUNTED IN UTILITY
37 CUSTOMER SERVICE PERFORMANCE MECHANISMS APPROVED BY THE COMMISSION.
38 (I) THAT UTILITIES WILL PROVIDE ON THE CUSTOMER'S BILL AN EXPLANATION
39 OF THE BENEFIT OF THE GREEN JOBS-GREEN NEW YORK RETROFIT THAT INCLUDES A
40 CALCULATION OF THE AVOIDED COST OF FUEL BASED ON NYSERDA'S PROJECTION OF
41 SAVINGS OVER PRIOR USAGE ASSOCIATED WITH THE RETROFIT, THE CURRENT UNIT
42 COST OF THE UTILITY FUEL, AND AN EXPLANATION THAT BILL LEVELS VARY BASED
43 ON ACTUAL USAGE EVEN WHEN HOMES ARE UPGRADED TO USE ENERGY MORE EFFI-
44 CIENTLY.
45 (J) THAT UTILITIES WILL INFORM CUSTOMERS AT THE TIME OF ACCOUNT OPEN-
46 ING AND AT LEAST ANNUALLY OF THE AMOUNT AND DURATION OF ANY GREEN JOBS-
47 GREEN NEW YORK ON-BILL CHARGES AT THE PREMISES FOR PREVIOUSLY INSTALLED
48 ENERGY EFFICIENCY MEASURES, INCLUDING NYSERDA PROCEDURES FOR DISPUTING
49 SUCH CHARGES.
50 (K) THAT FOR CUSTOMERS WITH A LEVELIZED BILLING PLAN, A GREEN
51 JOBS-GREEN NEW YORK RETROFIT SHALL TRIGGER AN IMMEDIATE RECALCULATION OF
52 MONTHLY PAYMENTS UNDER SUCH PLAN, BASED ON NYSERDA PROJECTIONS OF ENERGY
53 SAVINGS RESULTING FROM THE INSTALLED MEASURES AND EFFECTIVE ON THE
54 CUSTOMER'S FIRST BILL WITHIN SIXTY DAYS OF COMPLETION OF THE RETROFIT.
55 (L) THAT UTILITIES SHALL OFFER DEFERRED PAYMENT AGREEMENTS TO GREEN
56 JOBS-GREEN NEW YORK CUSTOMERS ON THE SAME TERMS AS TO OTHER CUSTOMERS,
S. 1171 5
1 REGARDLESS OF THE APPORTIONMENT OF COLLECTED PAYMENTS TO BOTH UTILITY
2 AND GREEN JOBS-GREEN NEW YORK CHARGES.
3 (M) THAT UTILITIES MAY SIMULTANEOUSLY OFFER TO GREEN JOBS-GREEN NEW
4 YORK ON-BILL REPAYMENT CUSTOMERS ANY AVAILABLE REBATES FOR INDIVIDUAL
5 RETROFIT MEASURES, REGARDLESS OF WHETHER SUCH MEASURES ARE PERFORMED IN
6 THE COURSE OF A GREEN JOBS-GREEN NEW YORK RETROFIT.
7 S 6. Paragraph (d) of subdivision 1 of section 1894 of the public
8 authorities law, as added by chapter 487 of the laws of 2009, is amended
9 and a new paragraph (e) is added to subdivision 1 to read as follows:
10 (d) organized trades and their certification or apprenticeship
11 programs. The authority shall specifically solicit applications that
12 propose to demonstrate the feasibility of innovative financing mech-
13 anisms, including but not limited to applications undertaken in partner-
14 ship with distribution utilities that propose to demonstrate the feasi-
15 bility of on-bill financing. The public service commission and other
16 appropriate agencies are authorized to coordinate with the authority and
17 applicants in developing and implementing proposed demonstrations of
18 innovative financing mechanisms. AN ON-BILL FINANCING MECHANISM FOR
19 INSTALLATION OF ENERGY EFFICIENCY MEASURES AND IMPROVEMENTS SHALL BE
20 ESTABLISHED AS FOLLOWS:
21 (1) GREEN JOBS-GREEN NEW YORK PROGRAM "PROGRAM" RETROFITS SHALL BE
22 PERFORMED IN ACCORDANCE WITH RESEARCH-BASED, INDUSTRY STANDARDS AS
23 DETERMINED BY THE AUTHORITY;
24 (2) PERFORMANCE OF RETROFIT WORK SHALL MEET STANDARDS FOR CONTRACTING
25 AS DETERMINED BY THE AUTHORITY;
26 (3) THE AUTHORITY SHALL ONLY PROVIDE ON-BILL FINANCING FOR PACKAGES OF
27 ENERGY EFFICIENCY MEASURES THAT IT DETERMINES TO BE COST-EFFECTIVE.
28 PACKAGES OF ENERGY EFFICIENCY MEASURES SHALL BE DEEMED COST-EFFECTIVE
29 IF:
30 (A) BASED UPON THE MOST RECENT CUSTOMER DATA AVAILABLE, ON AN ANNUAL-
31 IZED BASIS THE MONTHLY ON-BILL REPAYMENT AMOUNT FOR A PACKAGE OF MEAS-
32 URES DOES NOT EXCEED ONE-TWELFTH OF THE SAVINGS PROJECTED TO RESULT FROM
33 THOSE MEASURES; AND
34 (B) THE SAVINGS PROJECTIONS ARE BASED UPON STANDARDS SET BY THE
35 AUTHORITY AND THE ESTABLISHED CALCULATIONS FOR PROJECTING ENERGY SAVINGS
36 DURING AN ENERGY AUDIT ARE ADJUSTED BY THE AUTHORITY NO LESS THAN BIAN-
37 NUALLY USING DATA FROM AUTHORITY EXPERIENCE WITH ITS ENERGY EFFICIENCY
38 PROGRAMS AND OTHER COMPARABLE PROGRAMS;
39 A PORTION OF THE SAVINGS ACHIEVED BY THE RETROFIT, NOT NECESSARILY ALL
40 SAVINGS, WILL BE SAVINGS ON THE BILL PROVIDED BY THE UTILITY BILLING AND
41 COLLECTING THE MONTHLY ON-BILL REPAYMENT;
42 (4) THE ON-BILL REPAYMENT PERIOD IS LIMITED SO THAT THE CUSTOMER IS
43 NOT PAYING FOR MEASURES FOR WHICH THE USEFUL LIFE HAS EXPIRED;
44 (5) COST-EFFECTIVE RETROFITS SHALL NOT BE LIMITED TO MEASURES THAT
45 SAVE ON THE FUEL DELIVERED BY THE UTILITY THAT IS PROVIDING THE BILLING
46 AND COLLECTION SERVICES; AND
47 (6) CALCULATIONS OF COST-EFFECTIVENESS WITH USE PRICES REASONABLY
48 AVAILABLE TO THE CUSTOMER, AND COSTS AND SAVINGS TO PARTIES OTHER THAN
49 THE CUSTOMER WILL NOT BE USED TO DETERMINE COST-EFFECTIVENESS.
50 (E) FOR DETERMINING THE COST-EFFECTIVENESS OF THE PROGRAM, CALCU-
51 LATIONS SHALL CONSIST OF PROGRAM EXPENDITURES SUCH AS ADMINISTRATIVE
52 COSTS, INTEREST SUBSIDIES, MARKETING, AND OTHER COSTS EXCLUSIVE OF
53 CUSTOMER PAYMENTS, AS COMPARED WITH THE VALUE OF SOCIETAL AND ENVIRON-
54 MENTAL BENEFITS, SUCH AS POLLUTION AVOIDED, JOBS CREATED, ENERGY SAVED,
55 IMPROVED NATIONAL SECURITY AND OTHER SOCIETAL BENEFITS.
S. 1171 6
1 S 7. Section 1005 of the public authorities law is amended by adding a
2 new subdivision 17 to read as follows:
3 17. TO PROVIDE ITS MUNICIPAL CUSTOMERS WITH ACCESS TO FINANCING FOR
4 ENERGY EFFICIENCY CAPITAL IMPROVEMENTS, BY ESTABLISHING AN ON-BILL
5 FINANCING MECHANISM FOR INSTALLATION OF ENERGY EFFICIENCY MEASURES AND
6 IMPROVEMENTS IN COOPERATION WITH THE NEW YORK STATE ENERGY RESEARCH AND
7 DEVELOPMENT AUTHORITY'S ("NYSERDA") IMPLEMENTATION OF THE GREEN
8 JOBS-GREEN NEW YORK PROGRAM PURSUANT TO NYSERDA'S AUTHORITY UNDER TITLE
9 NINE-A OF ARTICLE EIGHT OF THIS CHAPTER. THE ON-BILL FINANCING MECHANISM
10 SHALL BE ESTABLISHED AS FOLLOWS:
11 (A) GREEN JOBS-GREEN NEW YORK PROGRAM "PROGRAM" RETROFITS SHALL BE
12 PERFORMED IN ACCORDANCE WITH RESEARCH-BASED, INDUSTRY STANDARDS AS
13 DETERMINED BY THE AUTHORITY;
14 (B) PERFORMANCE OF RETROFIT WORK SHALL MEET STANDARDS FOR CONTRACTING
15 AS DETERMINED BY THE AUTHORITY;
16 (C) THE AUTHORITY SHALL ONLY PROVIDE ON-BILL FINANCING FOR PACKAGES OF
17 ENERGY EFFICIENCY MEASURES THAT IT DETERMINES TO BE COST-EFFECTIVE.
18 PACKAGES OF ENERGY EFFICIENCY MEASURES SHALL BE DEEMED COST-EFFECTIVE
19 IF:
20 (1) BASED UPON THE MOST RECENT CUSTOMER DATA AVAILABLE, ON AN ANNUAL-
21 IZED BASIS THE MONTHLY ON-BILL REPAYMENT AMOUNT FOR A PACKAGE OF MEAS-
22 URES DOES NOT EXCEED ONE-TWELFTH OF THE SAVINGS PROJECTED TO RESULT FROM
23 THOSE MEASURES; AND
24 (2) THE SAVINGS PROJECTIONS ARE BASED UPON STANDARDS SET BY THE
25 AUTHORITY AND THE ESTABLISHED CALCULATIONS FOR PROJECTING ENERGY SAVINGS
26 DURING AN ENERGY AUDIT ARE ADJUSTED BY THE AUTHORITY NO LESS THAN BIAN-
27 NUALLY USING DATA FROM AUTHORITY EXPERIENCE WITH ITS ENERGY EFFICIENCY
28 PROGRAMS AND OTHER COMPARABLE PROGRAMS;
29 (D) A PORTION OF THE SAVINGS ACHIEVED BY THE RETROFIT, NOT NECESSARILY
30 ALL SAVINGS, WILL BE SAVINGS ON THE BILL PROVIDED BY THE AUTHORITY OR
31 OTHER ENTITY BILLING AND COLLECTING THE MONTHLY ON-BILL REPAYMENT;
32 (E) THE ON-BILL REPAYMENT PERIOD IS LIMITED SO THAT THE CUSTOMER IS
33 NOT PAYING FOR MEASURES FOR WHICH THE USEFUL LIFE HAS EXPIRED;
34 (F) COST-EFFECTIVE RETROFITS SHALL NOT BE LIMITED TO MEASURES THAT
35 SAVE ON THE FUEL DELIVERED BY THE AUTHORITY OR OTHER ENTITY PROVIDING
36 THE BILLING AND COLLECTION SERVICES; AND
37 (G) IN TESTS OF COST-EFFECTIVENESS, CALCULATIONS OF COSTS AND SAVINGS
38 WILL USE PRICES REASONABLY AVAILABLE TO THE CUSTOMER, AND COSTS AND
39 SAVINGS TO PARTIES OTHER THAN THE CUSTOMER WILL NOT BE USED TO DETERMINE
40 COST-EFFECTIVENESS.
41 (H) MUNICIPAL UTILITIES PROVIDING THIS SERVICE SHALL ADHERE TO CONSUM-
42 ER PROTECTION PROVISIONS PURSUANT TO ARTICLE TWO OF THE PUBLIC SERVICE
43 LAW.
44 (I) STANDARDS FOR THE BILLING, COLLECTION AND CONDITIONS OF SERVICE
45 RELATED TO GREEN JOBS-GREEN NEW YORK REPAYMENTS WILL ADHERE TO THE STAN-
46 DARDS ESTABLISHED IN SUBDIVISION TWO OF SECTION SIXTY-SIX-M OF THE
47 PUBLIC SERVICE LAW.
48 (J) THE AUTHORITY SHALL ESTABLISH SUCH ON-BILL FINANCING MECHANISM
49 WITHIN FORTY-FIVE DAYS OF THE EFFECTIVE DATE OF THIS SUBDIVISION.
50 S 8. Sections 1020-hh, 1020-ii and 1020-jj of the public authorities
51 law, such sections as renumbered by chapter 433 of the laws of 2009, are
52 renumbered sections 1020-ii, 1020-jj and 1020-kk, and a new section
53 1020-hh is added to read as follows:
54 S 1020-HH. GREEN JOBS-GREEN NEW YORK PROGRAM. THE AUTHORITY SHALL
55 PROVIDE ITS CUSTOMERS WITH ACCESS TO FINANCING FOR ENERGY EFFICIENCY
56 CAPITAL IMPROVEMENTS, BY ESTABLISHING AN ON-BILL FINANCING MECHANISM FOR
S. 1171 7
1 INSTALLATION OF ENERGY EFFICIENCY MEASURES AND IMPROVEMENTS IN COOPER-
2 ATION WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORI-
3 TY'S ("NYSERDA") IMPLEMENTATION OF THE GREEN JOBS-GREEN NEW YORK PROGRAM
4 PURSUANT TO NYSERDA'S AUTHORITY UNDER TITLE NINE-A OF ARTICLE EIGHT OF
5 THIS CHAPTER. THE ON-BILL FINANCING MECHANISM SHALL BE ESTABLISHED AS
6 FOLLOWS:
7 (A) GREEN JOBS-GREEN NEW YORK PROGRAM "PROGRAM" RETROFITS SHALL BE
8 PERFORMED IN ACCORDANCE WITH RESEARCH-BASED, INDUSTRY STANDARDS AS
9 DETERMINED BY THE AUTHORITY;
10 (B) PERFORMANCE OF RETROFIT WORK SHALL MEET STANDARDS FOR CONTRACTING
11 AS DETERMINED BY THE AUTHORITY;
12 (C) THE AUTHORITY SHALL ONLY PROVIDE ON-BILL FINANCING FOR PACKAGES OF
13 ENERGY EFFICIENCY MEASURES THAT IT DETERMINES TO BE COST-EFFECTIVE.
14 PACKAGES OF ENERGY EFFICIENCY MEASURES SHALL BE DEEMED COST-EFFECTIVE
15 IF:
16 (1) BASED UPON THE MOST RECENT CUSTOMER DATA AVAILABLE, ON AN ANNUAL-
17 IZED BASIS THE MONTHLY ON-BILL REPAYMENT AMOUNT FOR A PACKAGE OF MEAS-
18 URES DOES NOT EXCEED ONE-TWELFTH OF THE SAVINGS PROJECTED TO RESULT FROM
19 THOSE MEASURES; AND THE SAVINGS PROJECTIONS ARE BASED UPON STANDARDS SET
20 BY THE AUTHORITY AND THE ESTABLISHED CALCULATIONS FOR PROJECTING ENERGY
21 SAVINGS DURING AN ENERGY AUDIT ARE ADJUSTED BY THE AUTHORITY NO LESS
22 THAN BIANNUALLY USING DATA FROM AUTHORITY EXPERIENCE WITH ITS ENERGY
23 EFFICIENCY PROGRAMS AND OTHER COMPARABLE PROGRAMS;
24 (2) A PORTION OF THE SAVINGS ACHIEVED BY THE RETROFIT, NOT NECESSARILY
25 ALL SAVINGS, WILL BE SAVINGS ON THE BILL PROVIDED BY THE AUTHORITY OR
26 OTHER ENTITY BILLING AND COLLECTING THE MONTHLY ON-BILL REPAYMENT;
27 (3) THE ON-BILL REPAYMENT PERIOD IS LIMITED SO THAT THE CUSTOMER IS
28 NOT PAYING FOR MEASURES FOR WHICH THE USEFUL LIFE HAS EXPIRED;
29 (4) COST-EFFECTIVE RETROFITS SHALL NOT BE LIMITED TO MEASURES THAT
30 SAVE ON THE FUEL DELIVERED BY THE AUTHORITY OR OTHER ENTITY PROVIDING
31 THE BILLING AND COLLECTION SERVICES; AND
32 (5) IN TESTS OF COST-EFFECTIVENESS, CALCULATIONS OF COSTS AND SAVINGS
33 WILL USE PRICES REASONABLY AVAILABLE TO THE CUSTOMER, AND COSTS AND
34 SAVINGS TO PARTIES OTHER THAN THE CUSTOMER WILL NOT BE USED TO DETERMINE
35 COST-EFFECTIVENESS.
36 (D) STANDARDS FOR THE BILLING, COLLECTION AND CONDITIONS OF SERVICE
37 RELATED TO GREEN JOBS-GREEN NEW YORK REPAYMENTS WILL ADHERE TO THE STAN-
38 DARDS ESTABLISHED IN SUBDIVISION TWO OF SECTION SIXTY-SIX-M OF THE
39 PUBLIC SERVICE LAW.
40 (E) THE AUTHORITY SHALL ESTABLISH SUCH ON-BILL FINANCING MECHANISM
41 WITHIN FORTY-FIVE DAYS OF THE EFFECTIVE DATE OF THIS SECTION.
42 S 9. Subparagraphs (ii) and (iii) of paragraph (c) of subdivision 1 of
43 section 1896 of the public authorities law, as added by chapter 487 of
44 the laws of 2009, are amended to read as follows:
45 (ii) enter into contracts with one or more program implementers to
46 perform such functions as the authority deems appropriate; [and]
47 (iii) ENTER INTO AGREEMENTS WITH CUSTOMERS AND WITH SUCH STATE OR
48 FEDERAL AGENCIES AS NECESSARY TO DIRECTLY CAPTURE REBATES AND GRANTS
49 AVAILABLE FOR INDIVIDUAL RETROFIT PROJECTS, AND APPLY SUCH FUNDS TO
50 REPAYMENT OF CUSTOMER LOAN OBLIGATIONS; AND
51 (IV) exercise such other powers as are necessary for the proper admin-
52 istration of the program.
53 S 10. Subparagraphs (ii) and (iii) of paragraph (b) of subdivision 2
54 of section 1896 of the public authorities law, as added by chapter 487
55 of the laws of 2009, are amended to read as follows:
S. 1171 8
1 (ii) loans [shall not exceed thirteen thousand dollars per applicant]
2 for approved qualified energy efficiency services for residential struc-
3 tures SHALL BE LIMITED TO THE COST OF A PROJECT DEEMED COST-EFFECTIVE
4 WITHIN A PERIOD OF FIFTEEN YEARS PLUS THE AMOUNT OF ANY GRANT OR REBATE
5 DIRECTLY RECEIVABLE BY THE AUTHORITY FOR SUCH PROJECT, and SHALL NOT
6 EXCEED twenty-six thousand dollars per applicant for approved qualified
7 energy efficiency services for non-residential structures, and for
8 multi-family structures loans shall be in amounts determined by the
9 authority, provided, however, that the authority shall assure that a
10 significant number of residential structures are included in the
11 program; [and]
12 (iii) THE CAPITAL AMOUNT TO BE REPAID BY THE CUSTOMER SHALL BE CALCU-
13 LATED AS THE TOTAL LOAN AMOUNT LESS ANY GRANT OR REBATE FROM ANY STATE
14 OR FEDERAL AGENCY DUE TO THE CUSTOMER PURSUANT TO THE RETROFIT UNDERTAK-
15 EN THROUGH THE PROGRAM, AND FOR WHICH NYSERDA HAS SECURED THE CUSTOMER'S
16 PERMISSION TO COLLECT FUNDS DIRECTLY FROM THE ISSUING AGENCY; AND
17 (IV) loans shall be at interest rates determined by the authority to
18 be no higher than necessary to make the provision of the qualified ener-
19 gy efficiency services feasible.
20 S 11. Section 242 of the real property law is amended by adding a new
21 subdivision 4 to read as follows:
22 4. DISCLOSURE PRIOR TO THE SALE OF REAL PROPERTY TO WHICH A GREEN
23 JOBS-GREEN NEW YORK ON-BILL CHARGE APPLIES. ANY PERSON, FIRM, COMPANY,
24 PARTNERSHIP OR CORPORATION OFFERING TO SELL REAL PROPERTY TO WHICH AN
25 ELECTRIC OR GAS GREEN JOBS-GREEN NEW YORK ON-BILL CHARGE APPLIES PURSU-
26 ANT TO SECTION SIXTY-SIX-M OF THE PUBLIC SERVICE LAW SHALL PROVIDE WRIT-
27 TEN NOTICE TO THE PROSPECTIVE PURCHASER OR THE PROSPECTIVE PURCHASER'S
28 AGENT, STATING AS FOLLOWS: "THIS PROPERTY IS SUBJECT TO A GREEN
29 JOBS-GREEN NEW YORK ON-BILL CHARGE." THE NOTICE SHALL BE PROVIDED PRIOR
30 TO THE ACCEPTANCE OF AN OFFER TO PURCHASE SUCH REAL PROPERTY AND MUST
31 STATE THAT THE PURCHASER MUST ACCEPT THE OBLIGATION TO PAY THE GREEN
32 JOBS-GREEN NEW YORK ON-BILL CHARGE, AND THAT NEW YORK STATE ENERGY
33 RESEARCH AND DEVELOPMENT AUTHORITY MUST IN WRITING OR BY EMAIL CERTIFY
34 RECEIPT OF WRITTEN ACCEPTANCE OF THE OBLIGATION BY PURCHASER, BEFORE THE
35 SALE CAN BE COMPLETED. IN ADDITION, SUCH NOTICE SHALL ALSO STATE THE
36 AMOUNT, TERM, AND PURPOSE OF THE ON-BILL CHARGE.
37 S 12. This act shall take effect immediately; provided, however, the
38 amendments to subdivision 6 of section 18-a of the public service law,
39 made by section three of this act shall not affect the repeal of such
40 subdivision and shall be deemed repealed therewith.
