Bill Text: NY S04490 | 2011-2012 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Establishes the green jobs-green New York on-bill financing program to provide monies for the purposes of the green jobs-green New York program.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S04490 Detail]
Download: New_York-2011-S04490-Introduced.html
Bill Title: Establishes the green jobs-green New York on-bill financing program to provide monies for the purposes of the green jobs-green New York program.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S04490 Detail]
Download: New_York-2011-S04490-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4490
2011-2012 Regular Sessions
I N S E N A T E
April 6, 2011
___________
Introduced by Sens. MAZIARZ, GRISANTI, PARKER -- read twice and ordered
printed, and when printed to be committed to the Committee on Energy
and Telecommunications
AN ACT to amend the public service law, the public authorities law, the
real property law, the administrative code of the city of New York,
the emergency tenant protection act of nineteen seventy-four and the
emergency housing rent control law, in relation to establishing the
green jobs-green New York on-bill financing program; and to repeal
subdivision 4 of section 1899 of the public authorities law relating
to annual reporting on 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:
1 Section 1. Subdivision 2 of section 18-a of the public service law is
2 amended by adding a new paragraph (h) to read as follows:
3 (H) ON-BILL FINANCING CHARGES BILLED PURSUANT TO SECTION SIXTY-SIX-M
4 OF THIS CHAPTER SHALL BE EXCLUDED FROM ANY DETERMINATION OF A UTILITY
5 COMPANY'S GROSS OPERATING REVENUES DERIVED FROM INTRASTATE UTILITY OPER-
6 ATIONS FOR PURPOSES OF THIS SECTION.
7 S 2. Section 33 of the public service law is amended by adding a new
8 subdivision 6 to read as follows:
9 6. IN THE EVENT THAT THE RESPONSIBILITY FOR MAKING UTILITY PAYMENTS
10 HAS BEEN ASSUMED BY OCCUPANTS OF A MULTIPLE DWELLING PURSUANT TO SUBDI-
11 VISION FIVE OF THIS SECTION, SUCH OCCUPANTS SHALL NOT BE BILLED FOR ANY
12 ARREARS OF ON-BILL FINANCING CHARGES BILLED AS SET FORTH IN SECTION
13 SIXTY-SIX-M OF THIS CHAPTER, WHICH SHALL REMAIN THE RESPONSIBILITY OF
14 THE INCURRING CUSTOMER.
15 S 3. Section 34 of the public service law is amended by adding a new
16 subdivision 3-a to read as follows:
17 3-A. IN THE EVENT THAT AN OCCUPANT OF A TWO-FAMILY DWELLING MAKES A
18 UTILITY PAYMENT PURSUANT TO SUBDIVISION THREE OF THIS SECTION, SUCH
19 OCCUPANTS SHALL NOT BE BILLED FOR ANY ARREARS OF ON-BILL FINANCING
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10711-02-1
S. 4490 2
1 CHARGES BILLED AS SET FORTH IN SECTION SIXTY-SIX-M OF THIS CHAPTER,
2 WHICH SHALL REMAIN THE RESPONSIBILITY OF THE INCURRING CUSTOMER.
3 S 4. Subdivision 1 of section 41 of the public service law, as added
4 by chapter 713 of the laws of 1981, is amended to read as follows:
5 1. Notwithstanding any other provision of law, EXCEPT SECTION
6 SIXTY-SIX-M OF THIS CHAPTER, no utility corporation or municipality may
7 charge a residential customer for gas or electric service which was
8 rendered more than six months prior to the mailing of the first bill to
9 the customer for such service unless the failure of the corporation or
10 municipality to bill sooner was not due to the neglect of the corpo-
11 ration or municipality or was due to the culpable conduct of the custom-
12 er. If the customer remains liable for such service, the utility shall
13 permit payments to be made under an installment payment plan, provided,
14 however, that the utility or municipality may require prompt payment if
15 the non-billing resulted from the culpable conduct of the customer. Any
16 such installment payment plan may provide for a downpayment of up to
17 one-half of the amounts due from the customer, or three months average
18 billing, whichever is less.
19 S 5. Section 42 of the public service law is amended by adding a new
20 subdivision 3 to read as follows:
21 3. THE RIGHTS AND RESPONSIBILITIES OF RESIDENTIAL CUSTOMERS PARTIC-
22 IPATING IN GREEN JOBS-GREEN NEW YORK ON-BILL FINANCING PURSUANT TO
23 SECTION SIXTY-SIX-M OF THIS CHAPTER SHALL BE SUBSTANTIALLY COMPARABLE TO
24 THOSE OF GAS AND ELECTRIC CUSTOMERS NOT PARTICIPATING IN SUCH FINANCING,
25 AND CHARGES FOR ON-BILL FINANCING SHALL BE TREATED AS CHARGES FOR UTILI-
26 TY SERVICE FOR THE PURPOSE OF THIS ARTICLE, PROVIDED THAT:
27 (A) ALL DETERMINATIONS AND SAFEGUARDS RELATED TO THE TERMINATION AND
28 RECONNECTION OF SERVICE SHALL APPLY TO ON-BILL FINANCING CHARGES BILLED
29 BY A UTILITY COMPANY PURSUANT TO SUCH SECTION;
30 (B) IN THE EVENT THAT THE RESPONSIBILITY FOR MAKING UTILITY PAYMENTS
31 HAS BEEN ASSUMED BY OCCUPANTS OF A MULTIPLE DWELLING PURSUANT TO SECTION
32 THIRTY-THREE OF THIS ARTICLE OR BY OCCUPANTS OF A TWO-FAMILY DWELLING
33 PURSUANT TO SECTION THIRTY-FOUR OF THIS ARTICLE, SUCH OCCUPANTS SHALL
34 NOT BE BILLED FOR ANY ARREARS OF ON-BILL FINANCING CHARGES OR ANY
35 PROSPECTIVE ON-BILL FINANCING CHARGES, WHICH SHALL REMAIN THE RESPONSI-
36 BILITY OF THE INCURRING CUSTOMER;
37 (C) DEFERRED PAYMENT AGREEMENTS PURSUANT TO SECTION THIRTY-SEVEN OF
38 THIS ARTICLE SHALL BE AVAILABLE TO CUSTOMERS PARTICIPATING IN ON-BILL
39 FINANCING ON THE SAME TERMS AS OTHER CUSTOMERS, AND THE UTILITY COMPANY
40 SHALL RETAIN THE SAME DISCRETION TO DEFER TERMINATION OF SERVICE AS FOR
41 ANY OTHER DELINQUENT CUSTOMER;
42 (D) WHERE A CUSTOMER HAS A BUDGET BILLING PLAN OR LEVELIZED PAYMENT
43 PLAN PURSUANT TO SECTION THIRTY-EIGHT OF THIS ARTICLE, THE UTILITY
44 COMPANY SHALL RECALCULATE THE PAYMENTS UNDER SUCH PLAN TO REFLECT THE
45 PROJECTED EFFECTS OF INSTALLING ENERGY EFFICIENCY MEASURES AS SOON AS
46 PRACTICABLE AFTER RECEIPT OF INFORMATION ON THE ENERGY AUDIT AND QUALI-
47 FIED ENERGY EFFICIENCY SERVICES SELECTED;
48 (E) LATE PAYMENT CHARGES ON UNPAID ON-BILL FINANCING CHARGES SHALL BE
49 DETERMINED AS PROVIDED IN THIS SECTION, OR AS OTHERWISE CONSENTED TO BY
50 THE CUSTOMER IN THE AGREEMENT FOR GREEN JOBS-GREEN NEW YORK ON-BILL
51 FINANCING AND ANY SUCH CHARGES SHALL BE REMITTED TO THE NEW YORK STATE
52 ENERGY RESEARCH AND DEVELOPMENT AUTHORITY;
53 (F) NOTWITHSTANDING THE PROVISIONS OF SECTION FORTY-THREE OF THIS
54 ARTICLE, WHEN A COMPLAINT IS RELATED SOLELY TO WORK PERFORMED UNDER THE
55 GREEN JOBS-GREEN NEW YORK PROGRAM OR TO THE APPROPRIATE AMOUNT OF
56 ON-BILL FINANCING CHARGES, THE UTILITY COMPANY SHALL ONLY BE REQUIRED TO
S. 4490 3
1 INFORM THE CUSTOMER OF THE COMPLAINT HANDLING PROCEDURES OF THE NEW YORK
2 STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, WHICH SHALL RETAIN
3 RESPONSIBILITY FOR HANDLING SUCH COMPLAINTS, AND SUCH COMPLAINTS SHALL
4 NOT BE DEEMED TO BE COMPLAINTS ABOUT UTILITY SERVICE IN ANY OTHER
5 COMMISSION ACTION OR PROCEEDING; AND
6 (G) BILLING INFORMATION PROVIDED PURSUANT TO SECTION FORTY-FOUR OF
7 THIS ARTICLE SHALL INCLUDE INFORMATION ON GREEN JOBS-GREEN NEW YORK
8 ON-BILL FINANCING CHARGES, INCLUDING THE BASIS FOR SUCH CHARGES, AND ANY
9 INFORMATION OR INSERTS PROVIDED BY THE NEW YORK STATE ENERGY RESEARCH
10 AND DEVELOPMENT AUTHORITY RELATED THERETO. IN ADDITION, AT LEAST ANNUAL-
11 LY THE AUTHORITY SHALL PROVIDE THE UTILITY COMPANY WITH INFORMATION FOR
12 INCLUSION OR INSERTION IN THE CUSTOMER'S BILL THAT SETS FORTH THE AMOUNT
13 AND DURATION OF REMAINING ON-BILL FINANCING CHARGES AND THE AUTHORITY'S
14 CONTACT INFORMATION AND PROCEDURES FOR RESOLVING CUSTOMER COMPLAINTS
15 WITH SUCH CHARGES.
16 S 6. Section 43 of the public service law is amended by adding a new
17 subdivision 4 to read as follows:
18 4. WHEN A COMPLAINT IS RECEIVED BY THE UTILITY COMPANY THAT IS RELATED
19 TO WORK PERFORMED UNDER THE GREEN JOBS-GREEN NEW YORK PROGRAM OR TO THE
20 APPROPRIATE AMOUNT OF ON-BILL FINANCING CHARGES, THE UTILITY COMPANY
21 SHALL ONLY BE REQUIRED TO INFORM THE CUSTOMER OF THE COMPLAINT HANDLING
22 PROCEDURES OF THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHOR-
23 ITY, WHICH SHALL RETAIN SOLE RESPONSIBILITY FOR HANDLING SUCH
24 COMPLAINTS, AND SUCH COMPLAINTS SHALL NOT BE DEEMED TO BE COMPLAINTS
25 ABOUT UTILITY SERVICE IN ANY OTHER COMMISSION ACTION OR PROCEEDING. THE
26 UTILITY COMPANY SHALL NOT TERMINATE, DISCONNECT OR SUSPEND THE CUSTOM-
27 ER'S SERVICE FOR NON-PAYMENT OF THE ON-BILL FINANCING CHARGES DURING THE
28 PENDENCY OF THE COMPLAINT AND UNTIL FIFTEEN DAYS AFTER THE NEW YORK
29 STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY INFORMS THE UTILITY
30 COMPANY THAT THE COMPLAINT HAS BEEN RESOLVED.
31 S 7. Paragraph (d) of subdivision 6 of section 65 of the public
32 service law, as added by chapter 204 of the laws of 2010, is amended to
33 read as follows:
34 (d) for installation of capital improvements and fixtures to promote
35 energy efficiency upon the request and consent of the customer, INCLUD-
36 ING BUT NOT LIMITED TO THE PERFORMANCE OF QUALIFIED ENERGY EFFICIENCY
37 SERVICES FOR CUSTOMERS PARTICIPATING IN GREEN JOBS-GREEN NEW YORK
38 ON-BILL FINANCING PURSUANT TO SECTION SIXTY-SIX-M OF THIS ARTICLE.
39 S 8. The public service law is amended by adding a new section 66-m to
40 read as follows:
41 S 66-M. GREEN JOBS-GREEN NEW YORK ON-BILL FINANCING PROGRAM. 1. (A)
42 THE COMMISSION SHALL REQUIRE EACH UTILITY COMPANY TO PROVIDE FOR THE
43 BILLING AND COLLECTION OF ON-BILL CHARGES FOR PAYMENT OF OBLIGATIONS OF
44 ITS CUSTOMERS TO THE GREEN JOBS-GREEN NEW YORK REVOLVING LOAN FUND
45 ESTABLISHED PURSUANT TO TITLE NINE-A OF ARTICLE EIGHT OF THE PUBLIC
46 AUTHORITIES LAW. TO THE MAXIMUM EXTENT PRACTICABLE, UTILITY COMPANIES
47 SHALL UTILIZE EXISTING ELECTRONIC DATA INTERCHANGE INFRASTRUCTURE OR
48 OTHER EXISTING BILLING INFRASTRUCTURE TO IMPLEMENT THEIR BILLING AND
49 COLLECTION RESPONSIBILITIES UNDER THIS SECTION.
50 (B) EXCEPT AS PARTICIPATION MAY BE LIMITED BY PARAGRAPH (G) OF THIS
51 SUBDIVISION, THIS PROGRAM SHALL BE AVAILABLE TO CUSTOMERS WHO HAVE MET
52 THE STANDARDS ESTABLISHED BY THE NEW YORK STATE ENERGY RESEARCH AND
53 DEVELOPMENT AUTHORITY FOR PARTICIPATION IN THE ON-BILL FINANCING MECH-
54 ANISM UNDER THE GREEN JOBS-GREEN NEW YORK PROGRAM AND WHO HAVE EXECUTED
55 A WRITTEN AGREEMENT FOR THE DELIVERY OF QUALIFIED ENERGY EFFICIENCY
56 SERVICES UNDER SUCH PROGRAM AND A NOTE OBLIGATING THE CUSTOMER TO REPAY
S. 4490 4
1 THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY FOR FUNDS
2 LOANED TO THE CUSTOMER FOR SUCH QUALIFIED ENERGY EFFICIENCY SERVICES;
3 PROVIDED, HOWEVER, THAT SUCH CUSTOMERS MUST BE THE UTILITY COMPANY'S
4 CUSTOMER OF RECORD TO WHICH SUCH ON-BILL FINANCING CHARGES WILL APPLY.
5 (C) FOLLOWING THE EXPIRATION OF THE CANCELLATION PERIOD PROVIDED IN
6 SUBDIVISION FOUR OF SECTION EIGHTEEN HUNDRED NINETY-SIX OF THE PUBLIC
7 AUTHORITIES LAW, THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT
8 AUTHORITY SHALL IDENTIFY TO THE APPROPRIATE UTILITY COMPANY EACH CUSTOM-
9 ER WHO HAS RECEIVED A LOAN TO BE REPAID THROUGH THE ON-BILL FINANCING
10 MECHANISM AND THE AMOUNT OF EACH MONTHLY LOAN REPAYMENT INSTALLMENT.
11 EACH UTILITY COMPANY SHALL BILL ITS CUSTOMER THAT HAS OBTAINED A GREEN
12 JOBS-GREEN NEW YORK LOAN FOR ENERGY EFFICIENCY IMPROVEMENTS FROM THE NEW
13 YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY THE AMOUNT DUE AS
14 THE ON-BILL FINANCING CHARGES, COMPRISING THE MONTHLY INSTALLMENT ON
15 SUCH LOAN AND ANY LATE PAYMENT CHARGES THEREON DESIGNATED BY THE NEW
16 YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY. AT THE UTILITY
17 COMPANY'S OPTION, THE ON-BILL FINANCING CHARGES MAY BE BILLED SEPARATE-
18 LY.
19 (D) THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY SHALL
20 DETERMINE WHETHER THE CUSTOMER'S UTILITY COMPANY WILL BILL THE ON-BILL
21 FINANCING CHARGES BASED ON THE RELATIVE DOLLAR VALUES OF THE PROJECTED
22 ENERGY SAVINGS BY ENERGY TYPE. BILLING AND COLLECTION SERVICES SHALL BE
23 AVAILABLE WITHOUT REGARD TO WHETHER THE ENERGY OR FUEL DELIVERED BY THE
24 UTILITY COMPANY IS THE CUSTOMER'S PRIMARY ENERGY SOURCE. THE ON-BILL
25 FINANCING CHARGES SHALL BE COLLECTED ON BILLS FROM THE CUSTOMER'S ELEC-
26 TRIC CORPORATION UNLESS THE QUALIFIED ENERGY EFFICIENCY SERVICES AT THE
27 CUSTOMER'S PREMISES RESULTS IN MORE PROJECTED ENERGY SAVINGS ON THE
28 CUSTOMER'S GAS BILL THAN ON THE ELECTRIC BILL, IN WHICH CASE THE ON-BILL
29 FINANCING CHARGES SHALL BE COLLECTED ONLY ON THE CUSTOMER'S GAS CORPO-
30 RATION BILLS.
31 (E) GREEN JOBS-GREEN NEW YORK ON-BILL FINANCING, IMPLEMENTATION PLAN.
32 FOR PURPOSES OF CARRYING OUT THE REQUIREMENTS OF THIS SECTION, EACH
33 UTILITY COMPANY SHALL SUBMIT AN IMPLEMENTATION PLAN FOR THE GREEN JOBS-
34 GREEN NEW YORK ON-BILL FINANCING PROGRAM WITHIN NINETY DAYS OF THE
35 EFFECTIVE DATE OF THIS SECTION TO THE COMMISSION. SUCH PLAN SHALL
36 INCLUDE AN EXPLANATION OF ESTIMATED COSTS ASSOCIATED WITH IMPLEMENTATION
37 OF THE ON-BILL FINANCING PROGRAM, AS WELL AS A SHOWING THAT THE UTILITY
38 COMPANY WILL UTILIZE EXISTING ELECTRONIC DATA INTERCHANGE INFRASTRUCTURE
39 OR OTHER EXISTING BILLING INFRASTRUCTURE TO THE MAXIMUM EXTENT PRACTICA-
40 BLE. THE COMMISSION SHALL, IN CONSULTATION WITH THE NEW YORK STATE ENER-
41 GY RESEARCH AND DEVELOPMENT AUTHORITY, MAKE AN APPROVAL DETERMINATION
42 WITHIN NINETY DAYS OF SUBMISSION. IF SUCH APPROVAL IS DENIED, THE UTILI-
43 TY COMPANY WILL HAVE THIRTY DAYS AFTER THE NOTICE OF DISAPPROVAL TO MEET
44 THE REQUIREMENTS FOR APPROVAL. EACH UTILITY COMPANY SHALL IMPLEMENT THE
45 GREEN JOBS-GREEN NEW YORK ON-BILL FINANCING PROGRAM WITHIN SIX MONTHS OF
46 APPROVAL BY THE COMMISSION.
47 (F) TO THE MAXIMUM EXTENT PRACTICABLE, IN ADMINISTERING THE GREEN
48 JOBS-GREEN NEW YORK ON-BILL FINANCING PROGRAM, THE NEW YORK STATE ENERGY
49 RESEARCH AND DEVELOPMENT AUTHORITY IS AUTHORIZED AND DIRECTED TO MAKE
50 REIMBURSEMENTS TO UTILITY COMPANIES FOR REASONABLE AND NECESSARY COSTS
51 ASSOCIATED WITH THE IMPLEMENTATION OF THE GREEN JOBS-GREEN NEW YORK
52 ON-BILL FINANCING PROGRAM.
53 (G) EACH UTILITY COMPANY SHALL LIMIT THE NUMBER OF CUSTOMERS WHO
54 PARTICIPATE IN THE GREEN JOBS-GREEN NEW YORK ON-BILL FINANCING PROGRAM
55 TO NO MORE THAN ONE HALF OF ONE PERCENT OF ITS TOTAL CUSTOMERS.
S. 4490 5
1 (H) THE COMMISSION MAY SUSPEND OR TERMINATE A UTILITY COMPANY'S OFFER-
2 ING OF THE ON-BILL FINANCE CHARGE PROVIDED THAT THE COMMISSION MAKES A
3 FINDING THAT THERE IS A SIGNIFICANT INCREASE IN UTILITY SERVICE DISCON-
4 NECTIONS THAT THE COMMISSION DETERMINES IS DIRECTLY RELATED TO THE
5 ON-BILL CHARGE, OR A FINDING OF OTHER GOOD CAUSE.
6 (I) FIFTEEN PERCENT OF THE ENERGY SAVINGS REALIZED FROM CAPITAL
7 IMPROVEMENTS AND FIXTURES FINANCED BY THE NEW YORK STATE ENERGY RESEARCH
8 AND DEVELOPMENT AUTHORITY LOANS UNDER THE GREEN JOBS-GREEN NEW YORK LOAN
9 PROGRAM PURSUANT TO SUBDIVISION TWO OF SECTION EIGHTEEN HUNDRED NINETY-
10 SIX OF THE PUBLIC AUTHORITIES LAW, IN THE UTILITY COMPANIES' SERVICE
11 TERRITORIES SHALL BE CREDITED TO THE APPROPRIATE ELECTRIC CORPORATION'S
12 AND/OR GAS CORPORATION'S ENERGY SAVINGS TARGETS ESTABLISHED BY THE
13 COMMISSION IN THE ENERGY EFFICIENCY PORTFOLIO STANDARD PROCEEDING.
14 (J) UTILITY COMPANIES MAY TERMINATE UTILITY SERVICE FOR NON-PAYMENT OF
15 SUCH ON-BILL FINANCING CHARGES SUBJECT TO THE RIGHTS OF THE CUSTOMER
16 ESTABLISHED UNDER ARTICLE TWO OF THE PUBLIC SERVICE LAW EXCEPT THE RIGHT
17 TO HAVE PAYMENT OF ARREARS OF INSTALLMENTS OF ON-BILL FINANCING CHARGES
18 SUBJECT TO A DEFERRED PAYMENT AGREEMENT UNDER SECTION THIRTY-SEVEN OF
19 THIS CHAPTER.
20 (K) THE RESPONSIBILITIES OF THE UTILITY COMPANY SHALL BE LIMITED SOLE-
21 LY TO PROVIDING BILLING, PAYMENT PROCESSING, AND COLLECTION SERVICES FOR
22 ON-BILL CHARGES AS DIRECTED BY THE NEW YORK STATE ENERGY RESEARCH AND
23 DEVELOPMENT AUTHORITY.
24 (L) UNDERPAYMENTS OF BILLS SHALL BE ALLOCATED BETWEEN ON-BILL FINANC-
25 ING CHARGES AND OTHER CHARGES IN THE SAME PROPORTION SUCH CHARGES
26 COMPRISE OF THE OVERALL BILL TOTAL.
27 (M) WHEN THE CUSTOMER'S UTILITY ACCOUNT AT THE UTILITY COMPANY IS
28 CLOSED, ANY CHARGES IN ARREARS SHALL BE DUE AND OWING, AND COLLECTION
29 SHALL BE THE RESPONSIBILITY OF THE NEW YORK STATE ENERGY RESEARCH AND
30 DEVELOPMENT AUTHORITY.
31 (N) UNLESS OTHERWISE PRECLUDED BY LAW, PARTICIPATION IN THE GREEN
32 JOBS-GREEN NEW YORK ON-BILL FINANCING PROGRAM SHALL NOT AFFECT A CUSTOM-
33 ER'S ELIGIBILITY FOR ANY REBATE OR INCENTIVE OFFERED BY A UTILITY COMPA-
34 NY. UTILITY COMPANIES MAY MAKE AVAILABLE TO CUSTOMERS WHO RECEIVED GREEN
35 JOBS-GREEN NEW YORK ON-BILL FINANCING PROGRAM LOANS ANY REBATES FOR
36 ELIGIBLE ENERGY EFFICIENCY MEASURES AVAILABLE TO CUSTOMERS WHO DO NOT
37 RECEIVE SUCH LOANS.
38 (O) THE COMMISSION SHALL NOT APPROVE ANY APPLICATION FOR THE CONVER-
39 SION TO SUBMETERING OF ANY MASTER METER THAT IS SUBJECT TO ANY ON-BILL
40 FINANCING CHARGES.
41 2. (A) QUALIFIED ENERGY EFFICIENCY SERVICES REPAID THROUGH AN ON-BILL
42 RECOVERY MECHANISM SHALL BE CONSIDERED A SPECIAL ENERGY PROJECT PURSUANT
43 TO SECTION EIGHTEEN HUNDRED FIFTY-ONE OF THE PUBLIC AUTHORITIES LAW. THE
44 NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY SHALL SECURE
45 EVERY LOAN ISSUED FOR SUCH SERVICES THAT ARE TO BE REPAID THROUGH AN
46 ON-BILL RECOVERY MECHANISM WITH A MORTGAGE UPON THE REAL PROPERTY THAT
47 IS IMPROVED BY SUCH SERVICES. SUCH MORTGAGE SHALL BE RECORDED PURSUANT
48 TO SECTION TWO HUNDRED NINETY-ONE-D OF THE REAL PROPERTY LAW.
49 (B) ALL TERMS AND PROVISIONS OF A GREEN JOBS-GREEN NEW YORK MORTGAGE
50 PURSUANT TO THIS SUBDIVISION SHALL BE SUBJECT AND SUBORDINATE TO THE
51 LIEN OF ANY MORTGAGE OR MORTGAGES BY A BANK, CREDIT UNION OR OTHER
52 INSTITUTIONAL LENDER. WHEN A SUBSEQUENT PURCHASER OF THE PROPERTY IS
53 GRANTED A MORTGAGE, THE GREEN JOBS-GREEN NEW YORK MORTGAGE SHALL BE
54 SUBORDINATE TO THE TERMS OF THAT MORTGAGE.
55 (C) THE MORTGAGOR SHALL NOT RETAIN ANY RIGHT TO ENFORCE PAYMENT OR
56 FORECLOSE UPON THE PROPERTY.
S. 4490 6
1 (D) THE GREEN JOBS-GREEN NEW YORK MORTGAGE SHALL BE EXEMPT FROM STATE
2 MORTGAGE RECORDING TAXES AND LOCAL RECORDING TAXES.
3 S 9. Sections 1020-hh, 1020-ii and 1020-jj of the public authorities
4 law, as renumbered by chapter 433 of the laws of 2009, are renumbered
5 sections 1020-ii, 1020-jj and 1020-kk and a new section 1020-hh is added
6 to read as follows:
7 S 1020-HH. GREEN JOBS-GREEN NEW YORK ON-BILL FINANCING. 1. FOR
8 PURPOSES OF CARRYING OUT THE REQUIREMENTS OF THIS TITLE, EACH UTILITY
9 COMPANY SHALL SUBMIT AN IMPLEMENTATION PLAN FOR THE GREEN JOBS-GREEN NEW
10 YORK ON-BILL FINANCING PROGRAM WITHIN NINETY DAYS OF THE EFFECTIVE DATE
11 OF THIS SECTION TO THE PUBLIC SERVICE COMMISSION. SUCH PLAN SHALL
12 INCLUDE AN EXPLANATION OF ESTIMATED COSTS ASSOCIATED WITH IMPLEMENTATION
13 OF THE ON-BILL FINANCING PROGRAM, AS WELL AS A SHOWING THAT THE UTILITY
14 COMPANY WILL UTILIZE EXISTING ELECTRONIC DATA INTERCHANGE INFRASTRUCTURE
15 OR OTHER EXISTING BILLING INFRASTRUCTURE TO THE MAXIMUM EXTENT PRACTICA-
16 BLE. THE PUBLIC SERVICE COMMISSION SHALL, IN CONSULTATION WITH THE NEW
17 YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, MAKE AN APPROVAL
18 DETERMINATION WITHIN NINETY DAYS OF SUBMISSION. IF THE PUBLIC SERVICE
19 COMMISSION DOES NOT APPROVE OF THE IMPLEMENTATION PLAN, THE UTILITY
20 COMPANY WILL HAVE THIRTY DAYS AFTER THE NOTICE OF DISAPPROVAL TO MEET
21 THE REQUIREMENTS FOR FINAL APPROVAL. UPON THE PUBLIC SERVICE COMMIS-
22 SION'S APPROVAL, EACH UTILITY COMPANY SHALL IMPLEMENT THE GREEN
23 JOBS-GREEN NEW YORK ON-BILL FINANCING PROGRAM WITHIN SIX MONTHS. SUCH
24 PROGRAM SHALL BE CONSISTENT WITH THE STANDARDS SET FORTH IN SUBDIVISION
25 THREE OF SECTION FORTY-TWO AND SECTION SIXTY-SIX-M OF THE PUBLIC SERVICE
26 LAW. TO THE MAXIMUM EXTENT PRACTICABLE, UTILITY COMPANIES SHALL UTILIZE
27 EXISTING ELECTRONIC DATA INTERCHANGE INFRASTRUCTURE OR OTHER EXISTING
28 BILLING INFRASTRUCTURE TO IMPLEMENT THEIR BILLING AND COLLECTION RESPON-
29 SIBILITIES UNDER THIS SECTION.
30 2. THE AUTHORITY MAY SUSPEND ITS OFFERING OF THE ON-BILL FINANCE
31 CHARGE PROVIDED THAT THE AUTHORITY MAKES A FINDING THAT THERE IS A
32 SIGNIFICANT INCREASE IN UTILITY SERVICE DISCONNECTIONS THAT THE AUTHORI-
33 TY DETERMINES IS DIRECTLY RELATED TO THE ON-BILL CHARGE, OR A FINDING OF
34 OTHER GOOD CAUSE.
35 S 10. Section 1896 of the public authorities law, as added by chapter
36 487 of the laws of 2009, is amended to read as follows:
37 S 1896. Green jobs-green New York revolving loan fund. 1. (a) There is
38 hereby created a green jobs-green New York revolving loan fund. The
39 revolving loan fund shall consist of:
40 (i) all moneys made available for the purpose of the revolving loan
41 fund pursuant to section eighteen hundred ninety-nine-a of this title;
42 (ii) payments of principal and interest, INCLUDING ANY LATE PAYMENT
43 CHARGES, made pursuant to loan or financing agreements entered into with
44 the authority or its designee pursuant to this section; and
45 (iii) any interest earned by the investment of moneys in the revolving
46 loan fund.
47 (b) The revolving loan fund shall consist of two accounts:
48 (i) one account which shall be maintained for monies to be made avail-
49 able to provide loans to finance the cost of approved qualified energy
50 efficiency services for residential structures and multi-family struc-
51 tures, and
52 (ii) one account which shall be maintained for monies made available
53 to provide loans to finance the cost of approved qualified energy effi-
54 ciency services for non-residential structures. The initial balance of
55 the residential account established in [clause] SUBPARAGRAPH (i) of this
56 paragraph shall represent at least fifty percent of the total balance of
S. 4490 7
1 the two accounts. The authority shall not commingle the monies of the
2 revolving loan fund with any other monies of the authority or held by
3 the authority, nor shall the authority commingle the monies between
4 accounts. Payments of principal, interest and fees shall be deposited
5 into the account created and maintained for the appropriate type of
6 eligible project.
7 (c) In administering such program, the authority is authorized and
8 directed to:
9 (i) use monies made available for the revolving loan fund to achieve
10 the purposes of this section by section eighteen hundred ninety-nine-a
11 of this title, including but not limited to making loans available for
12 eligible projects;
13 (ii) enter into contracts with one or more program implementers to
14 perform such functions as the authority deems appropriate; [and]
15 (iii) ENTER INTO AGREEMENTS WITH UTILITY COMPANIES FOR THE ESTABLISH-
16 MENT OF AN ON-BILL FINANCING MECHANISM FOR REPAYMENT OF LOANS FOR THE
17 PERFORMANCE OF QUALIFIED ENERGY EFFICIENCY SERVICES FOR ELIGIBLE
18 PROJECTS PROVIDED THAT SUCH ON-BILL FINANCING MECHANISM SHALL PROVIDE
19 FOR THE UTILIZATION OF ANY ON-BILL FINANCING PROGRAMS ESTABLISHED PURSU-
20 ANT TO SECTION SIXTY-SIX-M OF THE PUBLIC SERVICE LAW AND SECTION ONE
21 THOUSAND TWENTY-HH OF THIS CHAPTER;
22 (IV) ESTABLISH STANDARDS FOR CUSTOMER PARTICIPATION IN SUCH ON-BILL
23 FINANCING MECHANISM, INCLUDING STANDARDS FOR RELIABLE UTILITY BILL
24 PAYMENT, CURRENT GOOD STANDING ON ANY MORTGAGE OBLIGATIONS, AND SUCH
25 ADDITIONAL STANDARDS AS THE AUTHORITY DEEMS NECESSARY; PROVIDED THAT IN
26 ORDER TO PROVIDE BROAD ACCESS TO ON-BILLING FINANCING THE AUTHORITY MAY
27 MAINTAIN DIFFERENT STANDARDS FOR DIFFERENT CATEGORIES OF CUSTOMERS WHICH
28 SHALL BE PRUDENT AND, TO THE FULLEST EXTENT PRACTICABLE, SHALL INCLUDE
29 PARTICIPATION BY CUSTOMERS WHO ARE LESS LIKELY TO HAVE ACCESS TO TRADI-
30 TIONAL SOURCES OF FINANCING;
31 (V) PROVIDE ALL CUSTOMERS WHO ENTER INTO A LOAN PURSUANT TO THIS TITLE
32 WITH ADEQUATE DISCLOSURES AS PROVIDED FOR IN SUBDIVISION FOUR OF THIS
33 SECTION;
34 (VI) MAKE REIMBURSEMENTS TO UTILITY COMPANIES FOR COSTS ASSOCIATED
35 WITH THE IMPLEMENTATION OF THE GREEN JOBS-GREEN NEW YORK ON-BILL FINANC-
36 ING PROGRAM; AND
37 (VII) exercise such other powers as are necessary for the proper
38 administration of the program, INCLUDING AT THE DISCRETION OF THE
39 AUTHORITY, ENTERING INTO AGREEMENTS WITH APPLICANTS AND WITH SUCH STATE
40 OR FEDERAL AGENCIES AS NECESSARY TO DIRECTLY RECEIVE REBATES AND GRANTS
41 AVAILABLE FOR ELIGIBLE PROJECTS AND APPLY SUCH FUNDS TO REPAYMENT OF
42 APPLICANT LOAN OBLIGATIONS.
43 2. (a) The authority shall provide financial assistance in the form of
44 loans for the performance of qualified energy efficiency services for
45 eligible projects on terms and conditions established by the authority.
46 (b) Loans made by the authority pursuant to this section shall be
47 subject to the following limitations:
48 (i) eligible projects shall meet cost effectiveness standards devel-
49 oped by the authority;
50 (ii) loans shall not exceed thirteen thousand dollars per applicant
51 for approved qualified energy efficiency services for residential struc-
52 tures, and twenty-six thousand dollars per applicant for approved quali-
53 fied energy efficiency services for non-residential structures,
54 PROVIDED, HOWEVER, THAT THE AUTHORITY MAY PERMIT A LOAN IN EXCESS OF
55 SUCH AMOUNTS IF THE TOTAL COST OF ENERGY EFFICIENCY MEASURES FINANCED BY
56 SUCH LOAN WILL ACHIEVE A PAYBACK PERIOD OF FIFTEEN YEARS OR LESS, BUT IN
S. 4490 8
1 NO EVENT SHALL ANY SUCH LOAN EXCEED TWENTY-FIVE THOUSAND DOLLARS PER
2 APPLICANT FOR RESIDENTIAL STRUCTURES AND FIFTY THOUSAND DOLLARS PER
3 APPLICANT FOR NON-RESIDENTIAL STRUCTURES; and for multi-family struc-
4 tures loans shall be in amounts determined by the authority, provided,
5 however, that the authority shall assure that a significant number of
6 residential structures are included in the program; [and]
7 (iii) NO FEES OR PENALTIES SHALL BE CHARGED OR COLLECTED FOR PREPAY-
8 MENT OF ANY SUCH LOAN; AND
9 (IV) loans shall be at interest rates determined by the authority to
10 be no higher than necessary to make the provision of the qualified ener-
11 gy efficiency services feasible.
12 In determining whether to make a loan, and the amount of any loan that
13 is made, the authority is authorized to consider whether the applicant
14 or borrower has received, or is eligible to receive, financial assist-
15 ance and other incentives from any other source for the qualified energy
16 efficiency services which would be the subject of the loan. IN DETER-
17 MINING WHETHER A LOAN WILL ACHIEVE A PAYBACK PERIOD OF FIFTEEN YEARS OR
18 LESS PURSUANT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH, THE AUTHORITY MAY
19 CONSIDER THE AMOUNT OF THE LOAN TO BE REDUCED BY THE AMOUNT OF ANY
20 REBATES FOR QUALIFIED ENERGY EFFICIENCY SERVICES RECEIVED BY THE APPLI-
21 CANT OR BY THE AUTHORITY ON BEHALF OF AN APPLICANT.
22 (c) Applications for financial assistance pursuant to this section
23 shall be reviewed and evaluated by the authority or its designee pursu-
24 ant to eligibility and qualification requirements and criteria estab-
25 lished by the authority. The authority shall establish standards for (i)
26 qualified energy efficiency services, and (ii) measurement and verifica-
27 tion of energy savings. Such standards shall meet or exceed the stand-
28 ards used by the authority for similar programs in existence on the
29 effective date of this section.
30 (d) The amount of a fee paid for an energy audit provided under
31 section eighteen hundred ninety-five of this title may be added to the
32 amount of a loan that is made under this section to finance the cost of
33 an eligible project conducted in response to such energy audit. In such
34 a case, the amount of the fee may be reimbursed from the fund to the
35 borrower.
36 (E) IN ESTABLISHING AN ON-BILL FINANCING MECHANISM:
37 (I) THE COST-EFFECTIVENESS OF AN ELIGIBLE PROJECT SHALL BE EVALUATED
38 SOLELY ON THE BASIS OF THE COSTS AND PROJECTED SAVINGS TO THE APPLYING
39 CUSTOMER, USING STANDARD ENGINEERING ASSESSMENTS AND PRIOR BILLING DATA
40 AND USAGE PATTERNS;
41 (II) THE AUTHORITY SHALL ESTABLISH A PROCESS FOR RECEIPT AND RESOL-
42 UTION OF CUSTOMER COMPLAINTS CONCERNING ON-BILL CHARGES AND FOR ADDRESS-
43 ING DELAYS AND DEFAULTS IN CUSTOMER PAYMENTS; AND
44 (III) THE AUTHORITY MAY LIMIT THE AVAILABILITY OF LIGHTING MEASURES OR
45 HOUSEHOLD APPLIANCES THAT ARE NOT PERMANENTLY AFFIXED TO REAL PROPERTY.
46 3. THE AUTHORITY SHALL EVALUATE THE COST-EFFECTIVENESS OF THE ON-BILL
47 FINANCING MECHANISM ON AN ON-GOING BASIS.
48 (A) IN CONDUCTING SUCH EVALUATION, THE AUTHORITY SHALL REQUEST EACH
49 CUSTOMER TO PROVIDE INFORMATION ON ANY IMPROVEMENTS OR MODIFICATIONS TO
50 THE PREMISES, USE OF THE PREMISES OR ENERGY CONSUMING APPLIANCES OR
51 EQUIPMENT OF ANY TYPE THAT MAY SIGNIFICANTLY AFFECT ENERGY USAGE.
52 (B) AT A MINIMUM THE AUTHORITY SHALL COLLECT AND MAINTAIN INFORMATION
53 FOR DATES PRIOR TO THE PERFORMANCE OF QUALIFIED ENERGY EFFICIENCY
54 SERVICES, TO ESTABLISH A BASELINE, AND FOR DATES COVERING A SUBSEQUENT
55 TIME PERIOD TO MEASURE THE EFFECTIVENESS OF SUCH MEASURES. SUCH DATA
56 SHALL BE CORRELATED WITH INFORMATION FROM THE ENERGY AUDIT AND ANY OTHER
S. 4490 9
1 RELEVANT INFORMATION, INCLUDING INFORMATION ON LOCAL WEATHER CONDITIONS,
2 AND SHALL BE USED TO EVALUATE THE ON-BILL FINANCING PROGRAM AND TO
3 IMPROVE THE ACCURACY OF PROJECTIONS OF COST-EFFECTIVENESS ON AN ON-
4 GOING BASIS. AN ANALYSIS OF SUCH DATA SHALL BE INCLUDED IN THE ANNUAL
5 REPORT PREPARED PURSUANT TO SECTION EIGHTEEN HUNDRED NINETY-NINE OF THIS
6 TITLE.
7 (C) ALL PERSONALLY IDENTIFIABLE INFORMATION COLLECTED BY THE AUTHORITY
8 SHALL BE CONFIDENTIAL. THE AUTHORITY SHALL COLLECT AND AGGREGATE AND
9 PUBLISH ON THE AUTHORITY WEBSITE SUCH INFORMATION AS DESCRIBED IN
10 SUBPARAGRAPH (B) OF THIS SUBDIVISION IN A MANNER THAT WILL FACILITATE
11 THE OPEN TRANSMISSION OF INFORMATION REGARDING THE BEST PRACTICES OF
12 QUALIFIED ENERGY EFFICIENCY SERVICES.
13 4. (A) ANY PERSON, FIRM, COMPANY, PARTNERSHIP, OR CORPORATION INCLUD-
14 ING, BUT NOT LIMITED TO, THE AUTHORITY, OFFERING TO PROVIDE CUSTOMERS
15 WITH A LOAN FOR THE PURPOSES OF UNDERTAKING AN ENERGY-EFFICIENT PROJECT
16 PURSUANT TO THE PROGRAM SHALL PROVIDE, IN WRITING, TO SUCH CUSTOMER, IN
17 CLEAR AND CONSPICUOUS TERMS: (I) THE FINANCIAL AND LEGAL OBLIGATIONS,
18 RISKS, IMPACTS, AND CONSEQUENCES OF ACCEPTING SUCH LOAN RESPONSIBIL-
19 ITIES, INCLUDING THE OBLIGATION TO PROVIDE OR CONSENT TO THE CUSTOMER'S
20 UTILITY COMPANY PROVIDING THE AUTHORITY INFORMATION ON THE SOURCES AND
21 QUANTITIES OF ENERGY USED IN THE CUSTOMER'S PREMISES AND ANY IMPROVE-
22 MENTS OR MODIFICATIONS TO THE PREMISES, USE OF THE PREMISES OR ENERGY
23 CONSUMING APPLIANCES OR EQUIPMENT OF ANY TYPE THAT MAY SIGNIFICANTLY
24 AFFECT ENERGY USAGE; (II) NOTIFICATION THAT THE ON-BILL FINANCING CHARGE
25 WILL BE BILLED BY SUCH CUSTOMER'S UTILITY COMPANY AND THAT FAILURE TO
26 PAY SUCH ON-BILL FINANCING CHARGE MAY RESULT IN THE CUSTOMER'S HAVING
27 ITS ELECTRICITY AND/OR GAS TERMINATED FOR NON-PAYMENT, PROVIDED THAT
28 SUCH UTILITY COMPANY FOLLOWS THE REQUIREMENTS OF ARTICLE TWO OF THE
29 PUBLIC SERVICE LAW WITH RESPECT TO RESIDENTIAL CUSTOMERS; (III) NOTIFI-
30 CATION THAT INCURRING SUCH LOAN TO UNDERTAKE ENERGY-EFFICIENCY PROJECTS
31 MAY NOT RESULT IN LOWER MONTHLY ENERGY COSTS OVER TIME, BASED ON ADDI-
32 TIONAL FACTORS THAT CONTRIBUTE TO MONTHLY ENERGY COSTS; (IV) THE PROGRAM
33 IS OPERATED BY THE AUTHORITY AND IT IS THE SOLE RESPONSIBILITY OF THE
34 AUTHORITY TO HANDLE CONSUMER INQUIRIES AND COMPLAINTS RELATED TO THE
35 OPERATION AND LENDING ASSOCIATED WITH THE PROGRAM, PROVIDED FURTHER THAT
36 THE AUTHORITY SHALL PROVIDE A MECHANISM TO RECEIVE SUCH CONSUMER
37 INQUIRIES AND COMPLAINTS.
38 (B) ANY PERSON ENTERING INTO A GREEN JOBS-GREEN NEW YORK LOAN SHALL
39 HAVE THE RIGHT TO CANCEL ANY CONTRACT FOR CAPITAL IMPROVEMENTS AND
40 FIXTURES TO PROMOTE ENERGY EFFICIENCY PURSUANT TO THE PROGRAM ESTAB-
41 LISHED BY SECTION EIGHTEEN HUNDRED NINETY-SIX OF THIS TITLE UNTIL
42 MIDNIGHT OF THE FIFTH BUSINESS DAY FOLLOWING THE DAY ON WHICH SUCH
43 PERSON SIGNS SUCH CONTRACT.
44 S 11. The opening paragraph of section 1899 of the public authorities
45 law, as added by chapter 487 of the laws of 2009, is amended to read as
46 follows:
47 No later than October first, two thousand ten and October first of
48 each year thereafter, the president of the authority shall issue an
49 annual report to the governor, the temporary president of the senate,
50 the speaker of the assembly, the minority leader of the senate [and],
51 the minority leader of the assembly, THE PUBLIC SERVICE COMMISSION AND
52 THE PARTICIPATING UTILITY COMPANIES concerning the authority's activ-
53 ities related to the green jobs - green New York program created pursu-
54 ant to this title. Such report shall include, but not be limited to the
55 following information:
S. 4490 10
1 S 12. Subdivision 3 of section 1899 of the public authorities law, as
2 added by chapter 487 of the laws of 2009, is amended to read as follows:
3 3. The status of the authority's activities and outcomes related to
4 section eighteen hundred ninety-six of this title. Such report shall
5 include, but not be limited to: (a) the number of persons who have
6 applied for and received financial assistance through the revolving loan
7 fund; (b) the revolving loan fund account balances; (c) the number of
8 loans in default; [and] (d) the amount and nature of the costs incurred
9 by the authority for the activities described in paragraph (c) of subdi-
10 vision one of section eighteen hundred ninety-six of this title ; AND
11 (E) THE AUTHORITY'S ACTIVITIES AND OUTCOMES RELATED TO ESTABLISHING AN
12 ON-BILL FINANCING MECHANISM, INCLUDING THE NUMBER OF PERSONS WHO HAVE
13 APPLIED FOR AND WHO HAVE RECEIVED FINANCIAL ASSISTANCE THAT UTILIZES
14 ON-BILL FINANCING AND THE RESULTS OF THE EVALUATION PROGRAM PERFORMED
15 PURSUANT TO SUBDIVISION THREE OF SECTION EIGHTEEN HUNDRED NINETY-SIX OF
16 THIS TITLE;
17 S 13. Subdivision 4 of section 1899 of the public authorities law is
18 REPEALED and a new subdivision 4 is added to read as follows:
19 4. THE STATUS OF THE AUTHORITY'S ACTIVITIES AND OUTCOMES RELATED TO
20 SECTION EIGHTEEN HUNDRED NINETY-SIX OF THIS TITLE. SUCH REPORT SHALL
21 PROVIDE THE FOLLOWING INFORMATION ON THE PROGRAM FOR THE PRECEDING YEAR,
22 INCLUDING: THE AMOUNT EXPENDED BY THE AUTHORITY IN SUPPORT OF THE
23 PROGRAM AND THE PURPOSES FOR WHICH SUCH FUNDS HAVE BEEN EXPENDED; THE
24 NUMBER OF CUSTOMERS PARTICIPATING IN THE PROGRAM, SEPARATELY STATING THE
25 NUMBER OF RESIDENTIAL AND NON-RESIDENTIAL CUSTOMERS AND THE AMOUNTS
26 FINANCED; THE NUMBER OF PROGRAM PARTICIPANTS WHO ARE IN ARREARS IN THEIR
27 UTILITY ACCOUNTS FOR ELECTRIC AND/OR GAS SERVICE; THE NUMBER OF PROGRAM
28 PARTICIPANTS WHO ARE IN ARREARS IN THEIR ON-BILL FINANCING CHARGE
29 PAYMENTS; THE NUMBER OF PROGRAM PARTICIPANTS WHOSE UTILITY SERVICE HAS
30 BEEN TERMINATED FOR NON-PAYMENT; AND AN ESTIMATE OF THE ENERGY SAVINGS
31 RESULTING FROM THIS PROGRAM, AND THE NUMBER OF JOBS CREATED AS A DIRECT
32 RESULT OF THIS PROGRAM, BY REGION AND JOB TYPE.
33 S 14. Section 242 of the real property law is amended by adding a new
34 subdivision 4 to read as follows:
35 4. DISCLOSURE PRIOR TO THE SALE OF REAL PROPERTY TO WHICH A GREEN
36 JOBS-GREEN NEW YORK ON-BILL CHARGE APPLIES. (A) PRIOR TO THE SIGNING BY
37 THE BUYER OF A BINDING CONTRACT OF SALE FOR REAL PROPERTY THAT HAS A
38 GREEN JOBS-GREEN NEW YORK MORTGAGE OBLIGATION, THE PROSPECTIVE GRANTOR
39 SHALL PRESENT TO THE PROSPECTIVE GRANTEE A DISCLOSURE NOTICE WHICH
40 STATES THE FOLLOWING: "THIS DISCLOSURE NOTICE IS INTENDED TO INFORM
41 PROSPECTIVE PURCHASERS THAT THE REAL PROPERTY THEY ARE ABOUT TO ACQUIRE
42 IS SUBJECT TO A GREEN JOBS-GREEN NEW YORK MORTGAGE." SUCH NOTICE SHALL
43 ALSO STATE THE TOTAL AMOUNT OF THE ORIGINAL CHARGE, THE PAYMENT SCHEDULE
44 AND THE APPROXIMATE REMAINING BALANCE, A DESCRIPTION OF THE ENERGY EFFI-
45 CIENCY SERVICES PERFORMED, INCLUDING IMPROVEMENTS TO THE PROPERTY, AND
46 AN EXPLANATION OF THE BENEFIT OF THE GREEN JOBS-GREEN NEW YORK QUALIFIED
47 ENERGY EFFICIENCY SERVICES.
48 (B) ANY PROSPECTIVE OR ACTUAL PURCHASER WHO HAS SUFFERED A LOSS DUE TO
49 A VIOLATION OF THIS SUBDIVISION SHALL BE ENTITLED TO RECOVER ANY ACTUAL
50 DAMAGES INCURRED FROM THE SELLER OF SAID REAL PROPERTY.
51 (C) WHERE THE PURCHASER RECEIVES THE GREEN JOBS-GREEN NEW YORK LOAN
52 DISCLOSURE PURSUANT TO THIS SUBDIVISION PRIOR TO THE SIGNING BY THE
53 PURCHASER OF A BINDING CONTRACT OF SALE FOR THE PURCHASE OF RESIDENTIAL
54 REAL PROPERTY, ANY PERSON WHO IS LICENSED AS A REAL ESTATE BROKER, ASSO-
55 CIATE REAL ESTATE BROKER OR REAL ESTATE SALESPERSON UNDER SECTION FOUR
56 HUNDRED FORTY-A OF THIS CHAPTER AND WHO IS ACTING IN A FIDUCIARY CAPACI-
S. 4490 11
1 TY FOR EITHER A BUYER OR A SELLER OF RESIDENTIAL REAL PROPERTY SHALL
2 HAVE FULFILLED THEIR DISCLOSURE OBLIGATION PURSUANT TO THIS SUBDIVISION
3 AND SHALL NOT BE REQUIRED TO PROVIDE ANY FURTHER INFORMATION TO THE
4 BUYER OR SELLER OF THE RESIDENTIAL REAL PROPERTY REGARDING INFORMATION
5 RELATING TO THE GREEN JOBS-GREEN NEW YORK LOAN PROGRAM PURSUANT TO
6 SUBDIVISION TWO OF SECTION EIGHTEEN HUNDRED NINETY-SIX OF THE PUBLIC
7 AUTHORITIES LAW.
8 S 15. Section 1891 of the public authorities law is amended by adding
9 a new subdivision 16 to read as follows:
10 16. "RURAL ELECTRIC COOPERATIVE" MEANS A RURAL ELECTRIC COOPERATIVE
11 ESTABLISHED PURSUANT TO THE RURAL ELECTRIC COOPERATIVE LAW.
12 S 16. Subdivision 1 of section 1894 of the public authorities law, as
13 added by chapter 487 of the laws of 2009, is amended to read as follows:
14 1. The authority shall issue one or more program opportunity notices
15 or requests for proposals to solicit applications from partnerships or
16 consortia comprised of constituency-based organizations which can
17 connect community members to the program, including facilitating aware-
18 ness of the program and enrollment, and (a) distribution utilities, (b)
19 contractors that have signed enforceable agreements to meet standards
20 set by the authority, including standards for local hiring and pre-ap-
21 prenticeship and apprenticeship and other labor-management training
22 program participation, (c) workforce development organizations that will
23 recruit unemployed individuals, and provide training and job placement
24 in conjunction with contractors pursuant to section eighteen hundred
25 ninety-seven of this title; and/or (d) organized trades and their
26 certification or apprenticeship programs. The authority shall specif-
27 ically solicit applications that propose to demonstrate the feasibility
28 of innovative financing mechanisms, including but not limited to appli-
29 cations undertaken in partnership with distribution utilities that
30 propose to demonstrate the feasibility of on-bill financing. The public
31 service commission and other appropriate agencies are authorized to
32 coordinate with the authority and applicants in developing and imple-
33 menting proposed demonstrations of innovative financing mechanisms.
34 NOTWITHSTANDING THE FOREGOING, THE AUTHORITY SHALL, IN COOPERATION WITH
35 RURAL ELECTRIC COOPERATIVES, DEVELOP AND ISSUE ONE OR MORE PROGRAM
36 OPPORTUNITY NOTICES OR REQUESTS FOR PROPOSALS TO SOLICIT APPLICATIONS
37 FOR FUNDING UNDER THIS PROGRAM FROM RURAL ELECTRIC COOPERATIVES THAT
38 PROPOSE TO: PROMOTE ENERGY EFFICIENCY, ENERGY CONSERVATION AND THE
39 INSTALLATION OF CLEAN ENERGY TECHNOLOGIES; REDUCE ENERGY CONSUMPTION AND
40 ENERGY COSTS; REDUCE GREENHOUSE GAS EMISSIONS; SUPPORT SUSTAINABLE
41 COMMUNITY DEVELOPMENT; OR CREATE GREEN JOB OPPORTUNITIES.
42 S 17. Subparagraph (g) of paragraph 1 of subdivision g of section
43 26-405 of the administrative code of the city of New York, as amended by
44 chapter 749 of the laws of 1990, is amended to read as follows:
45 (g) There has been since July first, nineteen hundred seventy, a major
46 capital improvement required for the operation, preservation or mainte-
47 nance of the structure. A MAJOR CAPITAL IMPROVEMENT SHALL NOT INCLUDE AN
48 ELIGIBLE PROJECT UNDER THE GREEN JOBS-GREEN NEW YORK PROGRAM BY THE NEW
49 YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, ESTABLISHED PURSU-
50 ANT TO TITLE NINE-A OF ARTICLE EIGHT OF THE PUBLIC AUTHORITIES LAW. An
51 adjustment under this subparagraph [(g)] shall be in an amount suffi-
52 cient to amortize the cost of the improvements pursuant to this subpara-
53 graph [(g)] over a seven-year period; or
54 S 18. Paragraph 6 of subdivision c of section 26-511 of the adminis-
55 trative code of the city of New York, as amended by chapter 116 of the
56 laws of 1997, is amended to read as follows:
S. 4490 12
1 (6) provides criteria whereby the commissioner may act upon applica-
2 tions by owners for increases in excess of the level of fair rent
3 increase established under this law provided, however, that such crite-
4 ria shall provide (a) as to hardship applications, for a finding that
5 the level of fair rent increase is not sufficient to enable the owner to
6 maintain approximately the same average annual net income (which shall
7 be computed without regard to debt service, financing costs or manage-
8 ment fees) for the three year period ending on or within six months of
9 the date of an application pursuant to such criteria as compared with
10 annual net income, which prevailed on the average over the period nine-
11 teen hundred sixty-eight through nineteen hundred seventy, or for the
12 first three years of operation if the building was completed since nine-
13 teen hundred sixty-eight or for the first three fiscal years after a
14 transfer of title to a new owner provided the new owner can establish to
15 the satisfaction of the commissioner that he or she acquired title to
16 the building as a result of a bona fide sale of the entire building and
17 that the new owner is unable to obtain requisite records for the fiscal
18 years nineteen hundred sixty-eight through nineteen hundred seventy
19 despite diligent efforts to obtain same from predecessors in title and
20 further provided that the new owner can provide financial data covering
21 a minimum of six years under his or her continuous and uninterrupted
22 operation of the building to meet the three year to three year compar-
23 ative test periods herein provided; and (b) as to completed building-
24 wide major capital improvements, for a finding that such improvements
25 are deemed depreciable under the Internal Revenue Code and that the cost
26 is to be amortized over a seven-year period, based upon cash purchase
27 price exclusive of interest or service charges. A MAJOR CAPITAL
28 IMPROVEMENT SHALL NOT INCLUDE AN ELIGIBLE PROJECT UNDER THE GREEN JOBS-
29 GREEN NEW YORK PROGRAM BY THE NEW YORK STATE ENERGY RESEARCH AND DEVEL-
30 OPMENT AUTHORITY, ESTABLISHED PURSUANT TO TITLE NINE-A OF ARTICLE EIGHT
31 OF THE PUBLIC AUTHORITIES LAW. Notwithstanding anything to the contrary
32 contained herein, no hardship increase granted pursuant to this para-
33 graph shall, when added to the annual gross rents, as determined by the
34 commissioner, exceed the sum of, (i) the annual operating expenses, (ii)
35 an allowance for management services as determined by the commissioner,
36 (iii) actual annual mortgage debt service (interest and amortization) on
37 its indebtedness to a lending institution, an insurance company, a
38 retirement fund or welfare fund which is operated under the supervision
39 of the banking or insurance laws of the state of New York or the United
40 States, and (iv) eight and one-half percent of that portion of the fair
41 market value of the property which exceeds the unpaid principal amount
42 of the mortgage indebtedness referred to in subparagraph (iii) of this
43 paragraph. Fair market value for the purposes of this paragraph shall be
44 six times the annual gross rent. The collection of any increase in the
45 stabilized rent for any apartment pursuant to this paragraph shall not
46 exceed six percent in any year from the effective date of the order
47 granting the increase over the rent set forth in the schedule of gross
48 rents, with collectability of any dollar excess above said sum to be
49 spread forward in similar increments and added to the stabilized rent as
50 established or set in future years;
51 S 19. Paragraph 3 of subdivision d of section 6 of section 4 of chap-
52 ter 576 of the laws of 1974, constituting the emergency tenant
53 protection act of nineteen seventy-four, as amended by chapter 749 of
54 the laws of 1990, is amended to read as follows:
55 (3) there has been since January first, nineteen hundred seventy-four
56 a major capital improvement required for the operation, preservation or
S. 4490 13
1 maintenance of the structure. A MAJOR CAPITAL IMPROVEMENT SHALL NOT
2 INCLUDE AN ELIGIBLE PROJECT UNDER THE GREEN JOBS-GREEN NEW YORK PROGRAM
3 BY THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, ESTAB-
4 LISHED PURSUANT TO TITLE NINE-A OF ARTICLE EIGHT OF THE PUBLIC AUTHORI-
5 TIES LAW. An adjustment under this paragraph shall be in an amount
6 sufficient to amortize the cost of the improvements pursuant to this
7 paragraph over a seven-year period, or
8 S 20. The second undesignated paragraph of paragraph (a) of subdivi-
9 sion 4 of section 4 of chapter 274 of the laws of 1946, constituting the
10 emergency housing rent control law, as amended by chapter 21 of the laws
11 of 1962, clause 5 as amended by chapter 253 of the laws of 1993, is
12 amended to read as follows:
13 No application for adjustment of maximum rent based upon a sales price
14 valuation shall be filed by the landlord under this subparagraph prior
15 to six months from the date of such sale of the property. In addition,
16 no adjustment ordered by the commission based upon such sales price
17 valuation shall be effective prior to one year from the date of such
18 sale. Where, however, the assessed valuation of the land exceeds four
19 times the assessed valuation of the buildings thereon, the commission
20 may determine a valuation of the property equal to five times the equal-
21 ized assessed valuation of the buildings, for the purposes of this
22 subparagraph. The commission may make a determination that the valuation
23 of the property is an amount different from such equalized assessed
24 valuation where there is a request for a reduction in such assessed
25 valuation currently pending; or where there has been a reduction in the
26 assessed valuation for the year next preceding the effective date of the
27 current assessed valuation in effect at the time of the filing of the
28 application. Net annual return shall be the amount by which the earned
29 income exceeds the operating expenses of the property, excluding mort-
30 gage interest and amortization, and excluding allowances for obsoles-
31 cence and reserves, but including an allowance for depreciation of two
32 per centum of the value of the buildings exclusive of the land, or the
33 amount shown for depreciation of the buildings in the latest required
34 federal income tax return, whichever is lower; provided, however, that
35 (1) no allowance for depreciation of the buildings shall be included
36 where the buildings have been fully depreciated for federal income tax
37 purposes or on the books of the owner; or
38 (2) the landlord who owns no more than four rental units within the
39 state has not been fully compensated by increases in rental income
40 sufficient to offset unavoidable increases in property taxes, fuel,
41 utilities, insurance and repairs and maintenance, excluding mortgage
42 interest and amortization, and excluding allowances for depreciation,
43 obsolescence and reserves, which have occurred since the federal date
44 determining the maximum rent or the date the property was acquired by
45 the present owner, whichever is later; or
46 (3) the landlord operates a hotel or rooming house or owns a cooper-
47 ative apartment and has not been fully compensated by increases in
48 rental income from the controlled housing accommodations sufficient to
49 offset unavoidable increases in property taxes and other costs as are
50 allocable to such controlled housing accommodations, including costs of
51 operation of such hotel or rooming house, but excluding mortgage inter-
52 est and amortization, and excluding allowances for depreciation, obso-
53 lescence and reserves, which have occurred since the federal date deter-
54 mining the maximum rent or the date the landlord commenced the operation
55 of the property, whichever is later; or
S. 4490 14
1 (4) the landlord and tenant voluntarily enter into a valid written
2 lease in good faith with respect to any housing accommodation, which
3 lease provides for an increase in the maximum rent not in excess of
4 fifteen per centum and for a term of not less than two years, except
5 that where such lease provides for an increase in excess of fifteen per
6 centum, the increase shall be automatically reduced to fifteen per
7 centum; or
8 (5) the landlord and tenant by mutual voluntary written agreement
9 agree to a substantial increase or decrease in dwelling space or a
10 change in the services, furniture, furnishings or equipment provided in
11 the housing accommodations; provided that an owner shall be entitled to
12 a rent increase where there has been a substantial modification or
13 increase of dwelling space or an increase in the services, or installa-
14 tion of new equipment or improvements or new furniture or furnishings
15 provided in or to a tenant's housing accommodation. The permanent
16 increase in the maximum rent for the affected housing accommodation
17 shall be one-fortieth of the total cost incurred by the landlord in
18 providing such modification or increase in dwelling space, services,
19 furniture, furnishings or equipment, including the cost of installation,
20 but excluding finance charges provided further that an owner who is
21 entitled to a rent increase pursuant to this clause shall not be enti-
22 tled to a further rent increase based upon the installation of similar
23 equipment, or new furniture or furnishings within the useful life of
24 such new equipment, or new furniture or furnishings. The owner shall
25 give written notice to the commission of any such adjustment pursuant to
26 this clause; or
27 (6) there has been, since March first, nineteen hundred fifty, an
28 increase in the rental value of the housing accommodations as a result
29 of a substantial rehabilitation of the building or housing accommodation
30 therein which materially adds to the value of the property or appre-
31 ciably prolongs its life, excluding ordinary repairs, maintenance and
32 replacements; or
33 (7) there has been since March first, nineteen hundred fifty, a major
34 capital improvement required for the operation, preservation or mainte-
35 nance of the structure. A MAJOR CAPITAL IMPROVEMENT SHALL NOT INCLUDE AN
36 ELIGIBLE PROJECT UNDER THE GREEN JOBS-GREEN NEW YORK PROGRAM BY THE NEW
37 YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, ESTABLISHED PURSU-
38 ANT TO TITLE NINE-A OF ARTICLE EIGHT OF THE PUBLIC AUTHORITIES LAW; or
39 (8) there has been since March first, nineteen hundred fifty, in
40 structures containing more than four housing accommodations, other
41 improvements made with the express consent of the tenants in occupancy
42 of at least seventy-five per centum of the housing accommodations,
43 provided, however, that no adjustment granted hereunder shall exceed
44 fifteen per centum unless the tenants have agreed to a higher percentage
45 of increase, as herein provided; or
46 (9) there has been, since March first, nineteen hundred fifty, a
47 subletting without written consent from the landlord or an increase in
48 the number of adult occupants who are not members of the immediate fami-
49 ly of the tenant, and the landlord has not been compensated therefor by
50 adjustment of the maximum rent by lease or order of the commission or
51 pursuant to the federal act; or
52 (10) the presence of unique or peculiar circumstances materially
53 affecting the maximum rent has resulted in a maximum rent which is
54 substantially lower than the rents generally prevailing in the same area
55 for substantially similar housing accommodations.
S. 4490 15
1 S 21. The opening paragraph of subdivision 12 of section 1891 of the
2 public authorities law, as added by chapter 487 of the laws of 2009, is
3 amended and a new subdivision 16 is added to read as follows:
4 "Qualified energy efficiency services" means a modification to a
5 structure, based on recommendations FROM A PARTICIPATING ENERGY SERVICE
6 COMPANY THAT WILL INCREASE THE ENERGY EFFICIENCY AND CONSERVATION OF A
7 STRUCTURE OR AS contained in an energy audit performed under the program
8 created under section eighteen hundred [ninety-two] NINETY-FIVE of this
9 title or as otherwise approved by the authority, which is consistent
10 with EFFICIENCY standards established by the authority, that will
11 increase the energy efficiency and conservation of an existing struc-
12 ture, including but not limited to:
13 16. "PARTICIPATING ENERGY SERVICE COMPANY" MEANS AN ENTITY ELIGIBLE TO
14 PROVIDE ENERGY SERVICES TO END-USE CUSTOMERS USING THE TRANSMISSION AND
15 DISTRIBUTION SYSTEM OF A UTILITY CORPORATION AND THAT PROVIDES QUALIFIED
16 ENERGY EFFICIENCY SERVICES BASED ON RECOMMENDATIONS, CONSISTENT WITH
17 EFFICIENCY STANDARDS ESTABLISHED BY THE AUTHORITY, THAT WILL INCREASE
18 THE ENERGY EFFICIENCY AND CONSERVATION OF AN EXISTING STRUCTURE UNDER
19 THE PROGRAM.
20 S 22. Subdivision 6 of section 1892 of the public authorities law, as
21 added by chapter 487 of the laws of 2009, is amended to read as follows:
22 6. use innovative financing, PAYMENT AND SERVICE mechanisms to finance
23 AND MAKE PAYMENTS FOR energy efficiency improvements through energy cost
24 savings.
25 S 23. Subdivision 3 of section 1893 of the public authorities law, as
26 added by chapter 487 of the laws of 2009, is amended to read as follows:
27 3. enter into contracts with one or more program implementers to
28 perform such functions as the authority deems appropriate; [and]
29 S 24. Subdivision 4 of section 1893 of the public authorities law is
30 renumbered subdivision 5 and a new subdivision 4 is added to read as
31 follows:
32 4. ENCOURAGE AND PROMOTE APPLICANT IMPLEMENTATION OF QUALIFIED ENERGY
33 EFFICIENCY SERVICES BY ENERGY SERVICE COMPANIES THROUGH PAYMENT PROGRAMS
34 ESTABLISHED PURSUANT TO THE PROGRAM, INCLUDING THE ESTABLISHMENT OF AN
35 ON-BILL PAYMENT MECHANISM FOR APPLICANT PAYMENTS TO ENERGY SERVICE
36 COMPANIES FOR THE INSTALLATION, UTILIZATION AND SERVICE OF QUALIFIED
37 ENERGY EFFICIENCY SERVICES PROVIDED THAT SUCH ON-BILL PAYMENT MECHANISM
38 SHALL PROVIDE FOR THE UTILIZATION OF ANY ON-BILL PROGRAMS ESTABLISHED
39 PURSUANT TO SECTION SIXTY-SIX-M OF THE PUBLIC SERVICE LAW AND SECTION
40 ONE THOUSAND TWENTY-HH OF THIS CHAPTER; AND
41 S 25. This act shall take effect immediately; provided, however, that
42 the amendments to section 26-405 of the city rent and rehabilitation
43 law, made by section seventeen of this act, shall remain in full force
44 and effect only as long as the public emergency requiring the regulation
45 and control of residential rents and evictions continues, as provided in
46 subdivision 3 of section 1 of the local emergency housing rent control
47 act; provided further that the amendments to section 26-511 of the rent
48 stabilization law of nineteen hundred sixty-nine, made by section eigh-
49 teen of this act, shall expire on the same date as such law expires and
50 shall not affect the expiration of such law as provided under section
51 26-520 of such law; provided further that the amendments to section 6 of
52 the emergency tenant protection act of nineteen seventy-four, made by
53 section nineteen of this act, shall expire on the same date as such act
54 expires and shall not affect the expiration of such act as provided in
55 section 17 of chapter 576 of the laws of 1974; and further provided that
56 the amendments to section 4 of the emergency housing rent control law,
S. 4490 16
1 made by section twenty of this act, shall expire on the same date as
2 such law expires and shall not affect the expiration of such law as
3 provided in subdivision 2 of section 1 of chapter 274 of the laws of
4 1946.
