S T A T E O F N E W Y O R K
________________________________________________________________________
8388
I N S E N A T E
June 28, 2010
___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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:
Section 1. Section 2 of the public service law is amended by adding
three new subdivisions 28, 29 and 30 to read as follows:
28. THE TERM "CAPITAL IMPROVEMENTS AND FIXTURES TO PROMOTE ENERGY
EFFICIENCY," WHEN USED IN THIS CHAPTER, MEANS REPAIRS AND UPGRADES TO
BUILDINGS, BUILDING SYSTEMS, FIXTURES AND MAJOR APPLIANCES FOR THE
PURPOSE OF REDUCING THE CONSUMPTION OF ELECTRICITY, GAS, OIL AND OTHER
FUELS, AS DEEMED ELIGIBLE UNDER THE GREEN JOBS-GREEN NEW YORK PROGRAM BY
THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, SUCH AS
WINDOW AND DOOR REPLACEMENT, LIGHTING, CAULKING, WEATHERSTRIPPING, AIR
SEALING, INSULATION, AND HEATING AND COOLING SYSTEM UPGRADES, AND SIMI-
LAR IMPROVEMENTS. WITH RESPECT TO ONE TO FOUR FAMILY RESIDENTIAL PROPER-
TIES, THE TERM "ENERGY EFFICIENCY IMPROVEMENT" MAY INCLUDE ANY HEALTH
AND SAFETY RELATED REPAIRS THAT ARE REQUIRED TO BE MADE IN CONJUNCTION
WITH OTHER ENERGY EFFICIENCY IMPROVEMENTS IN ORDER TO CONFORM WITH THE
STANDARDS OF THE CERTIFYING ENTITY DESCRIBED IN SUBDIVISION FOUR OF THIS
SECTION, HOWEVER, WITH RESPECT TO THE GREEN JOBS-GREEN NEW YORK ON-BILL
CHARGE ESTABLISHED PURSUANT TO SECTION SIXTY-SIX-M OF THIS CHAPTER,
"CAPITAL IMPROVEMENTS AND FIXTURES TO PROMOTE ENERGY EFFICIENCY" SHALL
NOT INCLUDE LIGHTING MEASURES OR HOUSEHOLD APPLIANCES THAT ARE NOT
PERMANENTLY FIXED TO REAL PROPERTY.
29. THE TERM "GREEN JOBS-GREEN NEW YORK ON-BILL CHARGE," WHEN USED IN
THIS CHAPTER, MEANS A CHARGE APPEARING ON THE MONTHLY UTILITY BILL OF A
UTILITY CUSTOMER WHO ELECTS TO PARTICIPATE IN THE GREEN JOBS-GREEN NEW
YORK PROGRAM AND TO FINANCE CAPITAL IMPROVEMENTS UNDER THAT PROGRAM
THROUGH SUCH A CHARGE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17891-02-0
S. 8388 2
30. THE TERM "NYSERDA," WHEN USED IN THIS CHAPTER, MEANS THE NEW YORK
STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, PURSUANT TO SECTION
EIGHTEEN HUNDRED FIFTY-TWO OF THE PUBLIC AUTHORITIES LAW.
S 2. Paragraph (a) of subdivision 2 of section 32 of the public
service law, as added by chapter 713 of the laws of 1981, is amended to
read as follows:
(a) fails to pay charges for any service rendered during the preceding
twelve months, INCLUDING ANY GREEN JOBS-GREEN NEW YORK ON-BILL CHARGE,
provided however that the commission by regulations may permit the
termination of service for bills due for service rendered during periods
in excess of twelve months where (i) there was a dispute between such
person and the utility corporation or municipality concerning the bill
during the twelve month period, (ii) delays in termination are not the
fault of the utility or were due to the culpable conduct of such person,
or (iii) such bills are necessary to adjust estimated bills; or
S 3. Paragraph (b) of subdivision 6 of section 18-a of the public
service law, as added by section 4 of part NN of chapter 59 of the laws
of 2009, is amended to read as follows:
(b) The temporary state energy and utility service conservation
assessment shall be equal to two percentum of the utility entity's gross
operating revenues derived from intrastate utility operations in the
last preceding calendar year, minus the amount, if any, that such utili-
ty entity is assessed pursuant to subdivisions one and two of this
section for the corresponding state fiscal year period. With respect to
the Long Island power authority, the temporary state energy and utility
service conservation assessment shall be equal to one percentum of such
authority's gross operating revenues derived from intrastate utility
operations in the last preceding calendar year. THE TEMPORARY STATE
ENERGY AND UTILITY SERVICE CONSERVATION ASSESSMENT SHALL NOT BE APPLIED
TO THE GREEN JOBS-GREEN NEW YORK ON-BILL CHARGE BILLED AND COLLECTED
PURSUANT TO SECTION SIXTY-SIX-M OF THIS CHAPTER. No corporation or
person subject to the jurisdiction of the commission only with respect
to safety, or the power authority of the state of New York, shall be
subject to the temporary state energy and utility service conservation
assessment provided for under this subdivision. Utility entities whose
gross operating revenues from intrastate utility operations are five
hundred thousand dollars or less in the preceding calendar year shall
not be subject to the temporary state energy and utility service conser-
vation assessment. The minimum temporary state energy and utility
service conservation assessment to be billed to any utility entity whose
gross revenues from intrastate utility operations are in excess of five
hundred thousand dollars in the preceding calendar year shall be two
hundred dollars.
S 4. Subdivision 6 of section 65 of the public service law, as
amended by chapter 713 of the laws of 1981 and paragraph (b-1) as added
by chapter 534 of the laws of 1982, is amended to read as follows:
6. Service charges prohibited. Every gas corporation shall charge for
gas supplied a fair and reasonable price. No such corporation shall make
or impose an additional charge or fee for service or for the installa-
tion of apparatus or the use of apparatus installed, except that a
charge may be made:
(a) where entry, inspection or examination as authorized by subdivi-
sion nine of this section is denied;
(b) for reconnecting the service to a person or corporation if the
service to such person or corporation was disconnected, in accordance
S. 8388 3
with applicable legal requirements, for non-payment of bills for
service; [or]
(b-1) for expenses reasonably incurred as determined by the commission
in cases of meter tampering and theft of service. Such expenses shall
include, but not be limited to, the cost of investigating, repairing and
replacing meters and pipes, and the cost of moving a meter and install-
ing it in a secure location[.];
(c) for a remote meter reading device upon the request and consent of
the customer; OR
(D) FOR CAPITAL IMPROVEMENTS AND FIXTURES TO PROMOTE ENERGY EFFICIENCY
PURSUANT TO THE PROGRAM ESTABLISHED IN PARAGRAPH (D) OF SUBDIVISION ONE
OF SECTION EIGHTEEN HUNDRED NINETY-FOUR OF THE PUBLIC AUTHORITIES LAW.
S 5. The public service law is amended by adding a new section 66-m to
read as follows:
S 66-M. GREEN JOBS-GREEN NEW YORK ON-BILL CHARGE. 1. THE COMMISSION
SHALL REQUIRE ELECTRIC AND GAS CORPORATIONS TO FILE TARIFFS TO PROVIDE
FOR THE BILLING AND COLLECTION OF GREEN JOBS-GREEN NEW YORK ON-BILL
CHARGES UTILIZED TO COLLECT PAYMENT OF OBLIGATIONS TO THE NYSERDA RETRO-
FIT INVESTMENT FUND THAT CUSTOMERS UNDERTAKE THROUGH THE GREEN
JOBS-GREEN NEW YORK PROGRAM "PROGRAM", ESTABLISHED PURSUANT TO TITLE
NINE-A OF ARTICLE EIGHT OF THE PUBLIC AUTHORITIES LAW. ELECTRIC AND GAS
CORPORATIONS SHALL SEEK FUNDING OPPORTUNITIES PROVIDED UNDER THE AMERI-
CAN RECOVERY AND REINVESTMENT ACT OF TWO THOUSAND NINE TO FUND OR OFFSET
COSTS ASSOCIATED WITH IMPLEMENTING THE PROGRAM. ELECTRIC AND GAS CORPO-
RATIONS SHALL UTILIZE EXISTING ELECTRONIC DATA INTERCHANGE INFRASTRUC-
TURE OR OTHER EXISTING BILLING INFRASTRUCTURE TO IMPLEMENT THE PROGRAM.
ELECTRIC AND GAS CORPORATIONS WILL BE PERMITTED TO RECOVER THROUGH RATES
THE COSTS OF ALL NECESSARY AND PRUDENT PROGRAM IMPLEMENTATION COSTS,
INCLUDING COSTS ASSOCIATED WITH ELECTRONIC DATA INTERCHANGE IMPROVE-
MENTS. THE COMMISSION SHALL WITHIN FORTY-FIVE DAYS OF THE EFFECTIVE
DATE OF THIS SECTION REQUIRE ALL ELECTRIC, STEAM AND/OR GAS CORPORATIONS
TO FILE TARIFFS TO IMPLEMENT THE PROGRAM FOR ALL ELIGIBLE CUSTOMERS
WITHIN THEIR RESPECTIVE SERVICE TERRITORIES AND ISSUE A NOTICE OF
PROPOSED RULE-MAKING ON SUCH TARIFFS. THE COMMISSION SHALL ACT EXPE-
DITIOUSLY, WITHIN THE MINIMUM TIME PERIOD CONSISTENT WITH THE REQUIRE-
MENTS OF THE STATE ADMINISTRATIVE PROCEDURE ACT, TO ISSUE A FINAL DECI-
SION REGARDING THE GREEN JOBS-GREEN NEW YORK TARIFFS.
2. THE TARIFFS SHALL PROVIDE:
(A) THAT FULL ACCESS TO THE BENEFITS OF THE PROGRAM BE AVAILABLE TO
ALL CUSTOMERS THAT MEET STANDARDS FOR RELIABLE UTILITY BILL PAYMENT AND
CURRENT GOOD STANDING ON ANY MORTGAGE OBLIGATIONS ON THE PREMISES AS
DETERMINED BY NYSERDA IN ITS CAPACITY AS MANAGER OF THE RETROFIT INVEST-
MENT FUND, AND WHO HOLD PRIMARY OWNERSHIP OR REPRESENT THE PRIMARY OWNER
OR OWNERS OF THE PREMISES, AND WHO HOLD PRIMARY METER ACCOUNT RESPONSI-
BILITY OR REPRESENT THE PRIMARY HOLDER OR HOLDERS OF METER ACCOUNT
RESPONSIBILITY FOR ALL METERS TO WHICH AN ON-BILL REPAYMENT OBLIGATION
IS ATTACHED.
(B) THAT THE GREEN JOBS-GREEN NEW YORK ON-BILL CHARGES FOR ANY
SERVICES PROVIDED AT THE CUSTOMER'S PREMISES SURVIVE CHANGES IN OWNER-
SHIP, TENANCY, OR METER ACCOUNT RESPONSIBILITY, WITH ARREARS AT TIME OF
METER ACCOUNT CLOSURE OR METER TRANSFER REMAINING THE RESPONSIBILITY OF
THE INCURRING CUSTOMER.
(C) THE THE PREMISES OWNER MAY NOT TRANSFER PRIMARY METER ACCOUNT
RESPONSIBILITY FOR THE INCURRING METER TO A TENANT WHILE THE GREEN
JOBS-GREEN NEW YORK ON-BILL CHARGES SURVIVE.
S. 8388 4
(D) FOR THE DISCONNECTION OF SERVICE FOR NON-PAYMENT OF PROGRAM OBLI-
GATIONS, SUBJECT TO REQUIREMENTS OF ARTICLE TWO OF THIS CHAPTER.
(E) THAT ELECTRIC AND GAS CORPORATIONS SHALL ONLY BE RESPONSIBLE FOR
BILLING AND COLLECTION OF GREEN JOBS-GREEN NEW YORK ON-BILL CHARGES FOR
SPECIFIC CUSTOMERS IN THE AMOUNTS AND TIME PERIODS DIRECTED BY NYSERDA,
AND FOR SUCCESSOR CUSTOMERS AT THE SAME PREMISES, WHEN ADVISED BY NYSER-
DA THAT:
(I) THE SPECIFIC CUSTOMER HAS ENTERED INTO A WRITTEN REPAYMENT AGREE-
MENT WITH NYSERDA TO PAY SUCH AMOUNTS FOR SUCH TIME PERIODS.
(II) THE REPAYMENT AGREEMENT IS CONSISTENT WITH THE PROVISIONS OF
TITLE NINE-A OF ARTICLE EIGHT OF THE PUBLIC AUTHORITIES LAW AND WITH
REGULATIONS PROMULGATED PURSUANT TO SUCH TITLE.
(III) THE PROGRAM INCLUDES A SUBSTANTIVE PLAN TO PROVIDE FOR CUSTOMER
SERVICE AND RESOLUTION OF CUSTOMER COMPLAINTS, AND TO ACCOUNT FOR DELAYS
AND DEFAULTS IN CUSTOMER PAYMENTS.
(F) THAT THE UTILITY'S OBLIGATION TO COLLECT GREEN JOBS-GREEN NEW YORK
CUSTOMER REPAYMENTS DOES NOT RESTRICT THE UTILITY'S DISCRETION TO ESTAB-
LISH THE TERMS OF DEFERRED PAYMENT AGREEMENTS OR TO DEFER TERMINATION OF
SERVICE FOR DELINQUENT CUSTOMERS.
(G) THAT UNDERPAYMENTS OF BILLS BY CUSTOMERS WITH GREEN JOBS-GREEN NEW
YORK ON-BILL CHARGES SHALL BE APPORTIONED BETWEEN THE GREEN JOBS-GREEN
NEW YORK ON-BILL CHARGES AND ALL OTHER CHARGES ON THE BILL, WITH THE
PERCENTAGE OF THE UNDERPAYMENT APPORTIONED TO THE GREEN JOBS-GREEN NEW
YORK ON-BILL CHARGE EQUAL TO THE PERCENTAGE THE GREEN JOBS-GREEN NEW
YORK ON-BILL CHARGE REPRESENTS OF THE TOTAL BILL. THAT WITH CUSTOMER
CONSENT, THE UTILITY SHALL PROVIDE PRIOR YEAR CUSTOMER BILLING AND
CONSUMPTION DATA TO NYSERDA. IN CASES WHERE CUSTOMER CONSENT IS NOT
OBTAINED, THE UTILITY MAY PROVIDE AGGREGATE CENSUS TRACT DATA THAT
INCLUDES THE CUSTOMER'S ADDRESS.
(H) THAT NYSERDA SHALL BE RESPONSIBLE FOR THE RESOLUTION OF ANY
CUSTOMER COMPLAINTS REGARDING WORK PERFORMED PURSUANT TO THE PROGRAM AND
THE DETERMINATION OF WHETHER GREEN JOBS-GREEN NEW YORK ON-BILL CHARGES
SHOULD BE MODIFIED. SUCH COMPLAINTS SHALL NOT BE COUNTED IN UTILITY
CUSTOMER SERVICE PERFORMANCE MECHANISMS APPROVED BY THE COMMISSION.
(I) THAT UTILITIES WILL PROVIDE ON THE CUSTOMER'S BILL AN EXPLANATION
OF THE BENEFIT OF THE GREEN JOBS-GREEN NEW YORK RETROFIT THAT INCLUDES A
CALCULATION OF THE AVOIDED COST OF FUEL BASED ON NYSERDA'S PROJECTION OF
SAVINGS OVER PRIOR USAGE ASSOCIATED WITH THE RETROFIT, THE CURRENT UNIT
COST OF THE UTILITY FUEL, AND AN EXPLANATION THAT BILL LEVELS VARY BASED
ON ACTUAL USAGE EVEN WHEN HOMES ARE UPGRADED TO USE ENERGY MORE EFFI-
CIENTLY.
(J) THAT UTILITIES WILL INFORM CUSTOMERS AT THE TIME OF ACCOUNT OPEN-
ING AND AT LEAST ANNUALLY OF THE AMOUNT AND DURATION OF ANY GREEN JOBS-
GREEN NEW YORK ON-BILL CHARGES AT THE PREMISES FOR PREVIOUSLY INSTALLED
ENERGY EFFICIENCY MEASURES, INCLUDING NYSERDA PROCEDURES FOR DISPUTING
SUCH CHARGES.
(K) THAT FOR CUSTOMERS WITH A LEVELIZED BILLING PLAN, A GREEN
JOBS-GREEN NEW YORK RETROFIT SHALL TRIGGER AN IMMEDIATE RECALCULATION OF
MONTHLY PAYMENTS UNDER SUCH PLAN, BASED ON NYSERDA PROJECTIONS OF ENERGY
SAVINGS RESULTING FROM THE INSTALLED MEASURES AND EFFECTIVE ON THE
CUSTOMER'S FIRST BILL WITHIN SIXTY DAYS OF COMPLETION OF THE RETROFIT.
(L) THAT UTILITIES SHALL OFFER DEFERRED PAYMENT AGREEMENTS TO GREEN
JOBS-GREEN NEW YORK CUSTOMERS ON THE SAME TERMS AS TO OTHER CUSTOMERS,
REGARDLESS OF THE APPORTIONMENT OF COLLECTED PAYMENTS TO BOTH UTILITY
AND GREEN JOBS-GREEN NEW YORK CHARGES.
S. 8388 5
(M) THAT UTILITIES MAY SIMULTANEOUSLY OFFER TO GREEN JOBS-GREEN NEW
YORK ON-BILL REPAYMENT CUSTOMERS ANY AVAILABLE REBATES FOR INDIVIDUAL
RETROFIT MEASURES, REGARDLESS OF WHETHER SUCH MEASURES ARE PERFORMED IN
THE COURSE OF A GREEN JOBS-GREEN NEW YORK RETROFIT.
S 6. Paragraph (d) of subdivision 1 of section 1894 of the public
authorities law, as added by chapter 487 of the laws of 2009, is amended
and a new paragraph (e) is added to subdivision 1 to read as follows:
(d) organized trades and their certification or apprenticeship
programs. The authority shall specifically solicit applications that
propose to demonstrate the feasibility of innovative financing mech-
anisms, including but not limited to applications undertaken in partner-
ship with distribution utilities that propose to demonstrate the feasi-
bility of on-bill financing. The public service commission and other
appropriate agencies are authorized to coordinate with the authority and
applicants in developing and implementing proposed demonstrations of
innovative financing mechanisms. AN ON-BILL FINANCING MECHANISM FOR
INSTALLATION OF ENERGY EFFICIENCY MEASURES AND IMPROVEMENTS SHALL BE
ESTABLISHED AS FOLLOWS:
(1) GREEN JOBS-GREEN NEW YORK PROGRAM "PROGRAM" RETROFITS SHALL BE
PERFORMED IN ACCORDANCE WITH RESEARCH-BASED, INDUSTRY STANDARDS AS
DETERMINED BY THE AUTHORITY;
(2) PERFORMANCE OF RETROFIT WORK SHALL MEET STANDARDS FOR CONTRACTING
AS DETERMINED BY THE AUTHORITY;
(3) THE AUTHORITY SHALL ONLY PROVIDE ON-BILL FINANCING FOR PACKAGES OF
ENERGY EFFICIENCY MEASURES THAT IT DETERMINES TO BE COST-EFFECTIVE.
PACKAGES OF ENERGY EFFICIENCY MEASURES SHALL BE DEEMED COST-EFFECTIVE
IF:
(A) BASED UPON THE MOST RECENT CUSTOMER DATA AVAILABLE, ON AN ANNUAL-
IZED BASIS THE MONTHLY ON-BILL REPAYMENT AMOUNT FOR A PACKAGE OF MEAS-
URES DOES NOT EXCEED ONE-TWELFTH OF THE SAVINGS PROJECTED TO RESULT FROM
THOSE MEASURES; AND
(B) THE SAVINGS PROJECTIONS ARE BASED UPON STANDARDS SET BY THE
AUTHORITY AND THE ESTABLISHED CALCULATIONS FOR PROJECTING ENERGY SAVINGS
DURING AN ENERGY AUDIT ARE ADJUSTED BY THE AUTHORITY NO LESS THAN BIAN-
NUALLY USING DATA FROM AUTHORITY EXPERIENCE WITH ITS ENERGY EFFICIENCY
PROGRAMS AND OTHER COMPARABLE PROGRAMS;
A PORTION OF THE SAVINGS ACHIEVED BY THE RETROFIT, NOT NECESSARILY ALL
SAVINGS, WILL BE SAVINGS ON THE BILL PROVIDED BY THE UTILITY BILLING AND
COLLECTING THE MONTHLY ON-BILL REPAYMENT;
(4) THE ON-BILL REPAYMENT PERIOD IS LIMITED SO THAT THE CUSTOMER IS
NOT PAYING FOR MEASURES FOR WHICH THE USEFUL LIFE HAS EXPIRED;
(5) COST-EFFECTIVE RETROFITS SHALL NOT BE LIMITED TO MEASURES THAT
SAVE ON THE FUEL DELIVERED BY THE UTILITY THAT IS PROVIDING THE BILLING
AND COLLECTION SERVICES; AND
(6) CALCULATIONS OF COST-EFFECTIVENESS WITH USE PRICES REASONABLY
AVAILABLE TO THE CUSTOMER, AND COSTS AND SAVINGS TO PARTIES OTHER THAN
THE CUSTOMER WILL NOT BE USED TO DETERMINE COST-EFFECTIVENESS.
(E) FOR DETERMINING THE COST-EFFECTIVENESS OF THE PROGRAM, CALCU-
LATIONS SHALL CONSIST OF PROGRAM EXPENDITURES SUCH AS ADMINISTRATIVE
COSTS, INTEREST SUBSIDIES, MARKETING, AND OTHER COSTS EXCLUSIVE OF
CUSTOMER PAYMENTS, AS COMPARED WITH THE VALUE OF SOCIETAL AND ENVIRON-
MENTAL BENEFITS, SUCH AS POLLUTION AVOIDED, JOBS CREATED, ENERGY SAVED,
IMPROVED NATIONAL SECURITY AND OTHER SOCIETAL BENEFITS.
S 7. Section 1005 of the public authorities law is amended by adding a
new subdivision 17 to read as follows:
S. 8388 6
17. TO PROVIDE ITS MUNICIPAL CUSTOMERS WITH ACCESS TO FINANCING FOR
ENERGY EFFICIENCY CAPITAL IMPROVEMENTS, BY ESTABLISHING AN ON-BILL
FINANCING MECHANISM FOR INSTALLATION OF ENERGY EFFICIENCY MEASURES AND
IMPROVEMENTS IN COOPERATION WITH THE NEW YORK STATE ENERGY RESEARCH AND
DEVELOPMENT AUTHORITY'S ("NYSERDA") IMPLEMENTATION OF THE GREEN
JOBS-GREEN NEW YORK PROGRAM PURSUANT TO NYSERDA'S AUTHORITY UNDER TITLE
NINE-A OF ARTICLE EIGHT OF THIS CHAPTER. THE ON-BILL FINANCING MECHANISM
SHALL BE ESTABLISHED AS FOLLOWS:
(A) GREEN JOBS-GREEN NEW YORK PROGRAM "PROGRAM" RETROFITS SHALL BE
PERFORMED IN ACCORDANCE WITH RESEARCH-BASED, INDUSTRY STANDARDS AS
DETERMINED BY THE AUTHORITY;
(B) PERFORMANCE OF RETROFIT WORK SHALL MEET STANDARDS FOR CONTRACTING
AS DETERMINED BY THE AUTHORITY;
(C) THE AUTHORITY SHALL ONLY PROVIDE ON-BILL FINANCING FOR PACKAGES OF
ENERGY EFFICIENCY MEASURES THAT IT DETERMINES TO BE COST-EFFECTIVE.
PACKAGES OF ENERGY EFFICIENCY MEASURES SHALL BE DEEMED COST-EFFECTIVE
IF:
(1) BASED UPON THE MOST RECENT CUSTOMER DATA AVAILABLE, ON AN ANNUAL-
IZED BASIS THE MONTHLY ON-BILL REPAYMENT AMOUNT FOR A PACKAGE OF MEAS-
URES DOES NOT EXCEED ONE-TWELFTH OF THE SAVINGS PROJECTED TO RESULT FROM
THOSE MEASURES; AND
(2) THE SAVINGS PROJECTIONS ARE BASED UPON STANDARDS SET BY THE
AUTHORITY AND THE ESTABLISHED CALCULATIONS FOR PROJECTING ENERGY SAVINGS
DURING AN ENERGY AUDIT ARE ADJUSTED BY THE AUTHORITY NO LESS THAN BIAN-
NUALLY USING DATA FROM AUTHORITY EXPERIENCE WITH ITS ENERGY EFFICIENCY
PROGRAMS AND OTHER COMPARABLE PROGRAMS;
(D) A PORTION OF THE SAVINGS ACHIEVED BY THE RETROFIT, NOT NECESSARILY
ALL SAVINGS, WILL BE SAVINGS ON THE BILL PROVIDED BY THE AUTHORITY OR
OTHER ENTITY BILLING AND COLLECTING THE MONTHLY ON-BILL REPAYMENT;
(E) THE ON-BILL REPAYMENT PERIOD IS LIMITED SO THAT THE CUSTOMER IS
NOT PAYING FOR MEASURES FOR WHICH THE USEFUL LIFE HAS EXPIRED;
(F) COST-EFFECTIVE RETROFITS SHALL NOT BE LIMITED TO MEASURES THAT
SAVE ON THE FUEL DELIVERED BY THE AUTHORITY OR OTHER ENTITY PROVIDING
THE BILLING AND COLLECTION SERVICES; AND
(G) IN TESTS OF COST-EFFECTIVENESS, CALCULATIONS OF COSTS AND SAVINGS
WILL USE PRICES REASONABLY AVAILABLE TO THE CUSTOMER, AND COSTS AND
SAVINGS TO PARTIES OTHER THAN THE CUSTOMER WILL NOT BE USED TO DETERMINE
COST-EFFECTIVENESS.
(H) MUNICIPAL UTILITIES PROVIDING THIS SERVICE SHALL ADHERE TO CONSUM-
ER PROTECTION PROVISIONS PURSUANT TO ARTICLE TWO OF THE PUBLIC SERVICE
LAW.
(I) STANDARDS FOR THE BILLING, COLLECTION AND CONDITIONS OF SERVICE
RELATED TO GREEN JOBS-GREEN NEW YORK REPAYMENTS WILL ADHERE TO THE STAN-
DARDS ESTABLISHED IN SUBDIVISION TWO OF SECTION SIXTY-SIX-M OF THE
PUBLIC SERVICE LAW.
(J) THE AUTHORITY SHALL ESTABLISH SUCH ON-BILL FINANCING MECHANISM
WITHIN FORTY-FIVE DAYS OF THE EFFECTIVE DATE OF THIS SUBDIVISION.
S 8. Sections 1020-hh, 1020-ii and 1020-jj of the public authorities
law, such sections as renumbered by chapter 433 of the laws of 2009, are
renumbered sections 1020-ii, 1020-jj and 1020-kk, and a new section
1020-hh is added to read as follows:
S 1020-HH. GREEN JOBS-GREEN NEW YORK PROGRAM. THE AUTHORITY SHALL
PROVIDE ITS CUSTOMERS WITH ACCESS TO FINANCING FOR ENERGY EFFICIENCY
CAPITAL IMPROVEMENTS, BY ESTABLISHING AN ON-BILL FINANCING MECHANISM FOR
INSTALLATION OF ENERGY EFFICIENCY MEASURES AND IMPROVEMENTS IN COOPER-
ATION WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORI-
S. 8388 7
TY'S ("NYSERDA") IMPLEMENTATION OF THE GREEN JOBS-GREEN NEW YORK PROGRAM
PURSUANT TO NYSERDA'S AUTHORITY UNDER TITLE NINE-A OF ARTICLE EIGHT OF
THIS CHAPTER. THE ON-BILL FINANCING MECHANISM SHALL BE ESTABLISHED AS
FOLLOWS:
(A) GREEN JOBS-GREEN NEW YORK PROGRAM "PROGRAM" RETROFITS SHALL BE
PERFORMED IN ACCORDANCE WITH RESEARCH-BASED, INDUSTRY STANDARDS AS
DETERMINED BY THE AUTHORITY;
(B) PERFORMANCE OF RETROFIT WORK SHALL MEET STANDARDS FOR CONTRACTING
AS DETERMINED BY THE AUTHORITY;
(C) THE AUTHORITY SHALL ONLY PROVIDE ON-BILL FINANCING FOR PACKAGES OF
ENERGY EFFICIENCY MEASURES THAT IT DETERMINES TO BE COST-EFFECTIVE.
PACKAGES OF ENERGY EFFICIENCY MEASURES SHALL BE DEEMED COST-EFFECTIVE
IF:
(1) BASED UPON THE MOST RECENT CUSTOMER DATA AVAILABLE, ON AN ANNUAL-
IZED BASIS THE MONTHLY ON-BILL REPAYMENT AMOUNT FOR A PACKAGE OF MEAS-
URES DOES NOT EXCEED ONE-TWELFTH OF THE SAVINGS PROJECTED TO RESULT FROM
THOSE MEASURES; AND THE SAVINGS PROJECTIONS ARE BASED UPON STANDARDS SET
BY THE AUTHORITY AND THE ESTABLISHED CALCULATIONS FOR PROJECTING ENERGY
SAVINGS DURING AN ENERGY AUDIT ARE ADJUSTED BY THE AUTHORITY NO LESS
THAN BIANNUALLY USING DATA FROM AUTHORITY EXPERIENCE WITH ITS ENERGY
EFFICIENCY PROGRAMS AND OTHER COMPARABLE PROGRAMS;
(2) A PORTION OF THE SAVINGS ACHIEVED BY THE RETROFIT, NOT NECESSARILY
ALL SAVINGS, WILL BE SAVINGS ON THE BILL PROVIDED BY THE AUTHORITY OR
OTHER ENTITY BILLING AND COLLECTING THE MONTHLY ON-BILL REPAYMENT;
(3) THE ON-BILL REPAYMENT PERIOD IS LIMITED SO THAT THE CUSTOMER IS
NOT PAYING FOR MEASURES FOR WHICH THE USEFUL LIFE HAS EXPIRED;
(4) COST-EFFECTIVE RETROFITS SHALL NOT BE LIMITED TO MEASURES THAT
SAVE ON THE FUEL DELIVERED BY THE AUTHORITY OR OTHER ENTITY PROVIDING
THE BILLING AND COLLECTION SERVICES; AND
(5) IN TESTS OF COST-EFFECTIVENESS, CALCULATIONS OF COSTS AND SAVINGS
WILL USE PRICES REASONABLY AVAILABLE TO THE CUSTOMER, AND COSTS AND
SAVINGS TO PARTIES OTHER THAN THE CUSTOMER WILL NOT BE USED TO DETERMINE
COST-EFFECTIVENESS.
(D) STANDARDS FOR THE BILLING, COLLECTION AND CONDITIONS OF SERVICE
RELATED TO GREEN JOBS-GREEN NEW YORK REPAYMENTS WILL ADHERE TO THE STAN-
DARDS ESTABLISHED IN SUBDIVISION TWO OF SECTION SIXTY-SIX-M OF THE
PUBLIC SERVICE LAW.
(E) THE AUTHORITY SHALL ESTABLISH SUCH ON-BILL FINANCING MECHANISM
WITHIN FORTY-FIVE DAYS OF THE EFFECTIVE DATE OF THIS SECTION.
S 9. Subparagraphs (ii) and (iii) of paragraph (c) of subdivision 1 of
section 1896 of the public authorities law, as added by chapter 487 of
the laws of 2009, are amended to read as follows:
(ii) enter into contracts with one or more program implementers to
perform such functions as the authority deems appropriate; [and]
(iii) ENTER INTO AGREEMENTS WITH CUSTOMERS AND WITH SUCH STATE OR
FEDERAL AGENCIES AS NECESSARY TO DIRECTLY CAPTURE REBATES AND GRANTS
AVAILABLE FOR INDIVIDUAL RETROFIT PROJECTS, AND APPLY SUCH FUNDS TO
REPAYMENT OF CUSTOMER LOAN OBLIGATIONS; AND
(IV) exercise such other powers as are necessary for the proper admin-
istration of the program.
S 10. Subparagraphs (ii) and (iii) of paragraph (b) of subdivision 2
of section 1896 of the public authorities law, as added by chapter 487
of the laws of 2009, are 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 SHALL BE LIMITED TO THE COST OF A PROJECT DEEMED COST-EFFECTIVE
S. 8388 8
WITHIN A PERIOD OF FIFTEEN YEARS PLUS THE AMOUNT OF ANY GRANT OR REBATE
DIRECTLY RECEIVABLE BY THE AUTHORITY FOR SUCH PROJECT, and SHALL NOT
EXCEED twenty-six thousand dollars per applicant for approved qualified
energy efficiency services 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; [and]
(iii) THE CAPITAL AMOUNT TO BE REPAID BY THE CUSTOMER SHALL BE CALCU-
LATED AS THE TOTAL LOAN AMOUNT LESS ANY GRANT OR REBATE FROM ANY STATE
OR FEDERAL AGENCY DUE TO THE CUSTOMER PURSUANT TO THE RETROFIT UNDERTAK-
EN THROUGH THE PROGRAM, AND FOR WHICH NYSERDA HAS SECURED THE CUSTOMER'S
PERMISSION TO COLLECT FUNDS DIRECTLY FROM THE ISSUING AGENCY; AND
(IV) loans shall be at interest rates determined by the authority to
be no higher than necessary to make the provision of the qualified ener-
gy efficiency services feasible.
S 11. Section 242 of the real property law is amended by adding a new
subdivision 4 to read as follows:
4. DISCLOSURE PRIOR TO THE SALE OF REAL PROPERTY TO WHICH A GREEN
JOBS-GREEN NEW YORK ON-BILL CHARGE APPLIES. ANY PERSON, FIRM, COMPANY,
PARTNERSHIP OR CORPORATION OFFERING TO SELL REAL PROPERTY TO WHICH AN
ELECTRIC OR GAS GREEN JOBS-GREEN NEW YORK ON-BILL CHARGE APPLIES PURSU-
ANT TO SECTION SIXTY-SIX-M OF THE PUBLIC SERVICE LAW SHALL PROVIDE WRIT-
TEN NOTICE TO THE PROSPECTIVE PURCHASER OR THE PROSPECTIVE PURCHASER'S
AGENT, STATING AS FOLLOWS: "THIS PROPERTY IS SUBJECT TO A GREEN
JOBS-GREEN NEW YORK ON-BILL CHARGE." THE NOTICE SHALL BE PROVIDED PRIOR
TO THE ACCEPTANCE OF AN OFFER TO PURCHASE SUCH REAL PROPERTY AND MUST
STATE THAT THE PURCHASER MUST ACCEPT THE OBLIGATION TO PAY THE GREEN
JOBS-GREEN NEW YORK ON-BILL CHARGE, AND THAT NEW YORK STATE ENERGY
RESEARCH AND DEVELOPMENT AUTHORITY MUST IN WRITING OR BY EMAIL CERTIFY
RECEIPT OF WRITTEN ACCEPTANCE OF THE OBLIGATION BY PURCHASER, BEFORE THE
SALE CAN BE COMPLETED. IN ADDITION, SUCH NOTICE SHALL ALSO STATE THE
AMOUNT, TERM, AND PURPOSE OF THE ON-BILL CHARGE.
S 12. This act shall take effect immediately; provided, however, the
amendments to subdivision 6 of section 18-a of the public service law,
made by section three of this act shall not affect the repeal of such
subdivision and shall be deemed repealed therewith.