S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9744
 
                             I N  S E N A T E
 
                               May 28, 2024
                                ___________
 
 Introduced by Sen. PARKER -- (at request of the Energy Research Develop-
   ment Authority) -- read twice and ordered printed, and when printed to
   be committed to the Committee on Energy and Telecommunications
 
 AN  ACT  to amend the public authorities law, the public service law and
   the real property law, in relation to the green  jobs-green  New  York
   program

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (ii) of paragraph  (b)  of  subdivision  2  of
 section 1896 of the public authorities law, as amended by chapter 388 of
 the laws of 2011, is amended to read as follows:
   (ii)  loans  shall  not exceed thirteen thousand dollars per applicant
 for approved qualified energy efficiency services for residential struc-
 tures, and twenty-six thousand dollars per applicant for approved quali-
 fied  energy  efficiency  services   for   non-residential   structures,
 provided,  however,  that  the  authority may permit a loan in excess of
 such amounts if the total cost of energy efficiency measures financed by
 such loan will [achieve] INCLUDE a payback period [of fifteen  years  or
 less]  WHICH  DOES  NOT  EXCEED THE USEFUL LIFE OF THE ENERGY EFFICIENCY
 MEASURES INSTALLED, but in no event shall any such loan exceed  [twenty-
 five]  FIFTY  thousand  dollars per applicant for residential structures
 and fifty thousand dollars per applicant for non-residential structures;
 and for multi-family structures loans shall be in amounts determined  by
 the authority, provided, however, that the authority shall assure that a
 significant  number  of  residential  structures  are  included  in  the
 program;
   § 2. Paragraph (a) of subdivision 5 of  section  1896  of  the  public
 authorities  law,  as added by section 1 of part DD of chapter 58 of the
 laws of 2012, is amended to read as follows:
   (a) For each loan issued for qualified energy efficiency services that
 is to be repaid through an on-bill recovery  mechanism[,  the  New  York
 state  energy  research and development authority shall record, pursuant
 to article nine of the real property law, in the office of the appropri-
 ate recording officer,  a  declaration  with  respect  to  the  property

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

                                                            LBD14587-01-4
 S. 9744                             2

 improved  by  such services of the existence of the loan and stating the
 total amount of the loan, the term of the loan, and  that  the  loan  is
 being  repaid]  through  a charge on an electric or gas meter associated
 with  the  property, THE ON-BILL RECOVERY LOAN AGREEMENT SHALL ALLOW FOR
 THE PURCHASER OR TRANSFEREE TO AGREE THROUGH WRITTEN EXPRESS  ASSUMPTION
 PROVIDED  IN ACCORDANCE WITH THE TERMS OF THE ON-BILL RECOVERY LOAN THAT
 SUCH PURCHASER OR TRANSFEREE IS RESPONSIBLE FOR FUTURE ON-BILL  RECOVERY
 CHARGES,  AND  IN  THE  ABSENCE  OF SUCH WRITTEN EXPRESS ASSUMPTION, THE
 ORIGINAL SELLER, TRANSFEROR, OR CURRENT LOAN HOLDER OF THE SUBJECT PROP-
 ERTY SHALL CONTINUE TO BE RESPONSIBLE  FOR  PAYMENT  OF  SUCH  REMAINING
 CHARGES  THROUGH  DIRECT  BILLING  AND  PAYMENT TO THE AUTHORITY, OR ITS
 AGENT. [The declaration shall further  state  that  it  is  being  filed
 pursuant  to  this  section and, unless fully satisfied prior to sale or
 transfer of the property, the loan repayment utility meter charge  shall
 survive  changes  in ownership, tenancy, or meter account responsibility
 and, until fully satisfied,  shall  constitute  the  obligation  of  the
 person  responsible  for  the  meter account. Such declaration shall not
 constitute a mortgage and shall not create any security interest or lien
 on the property. Upon satisfaction of the loan, the authority shall file
 a declaration of repayment pursuant to article nine of the real property
 law.]
   § 3. Paragraph (d) of subdivision 2 of  section  66-m  of  the  public
 service  law, as added by chapter 388 of the laws of 2011, is amended to
 read as follows:
   (d) unless fully satisfied prior to sale or  transfer,  that  (i)  the
 on-bill  recovery  charges  for  any services provided at the customer's
 premises shall survive changes in ownership, tenancy  or  meter  account
 responsibility  IF  THE  NEW  YORK STATE ENERGY RESEARCH AND DEVELOPMENT
 AUTHORITY SHALL HAVE RECORDED A DECLARATION PURSUANT TO ARTICLE NINE  OF
 THE REAL PROPERTY LAW WITH RESPECT TO SUCH PROPERTY FOR THE EXISTENCE OF
 AN  ON-BILL  RECOVERY  LOAN,  and  (ii) that arrears in on-bill recovery
 charges at the time of account closure or meter  transfer  shall  remain
 the  responsibility  of the incurring customer, unless expressly assumed
 by a subsequent purchaser of the property subject to such charges;
   § 4. Paragraph (a) of subdivision 4 of section 242 of the real proper-
 ty law, as added by chapter 388 of the laws of 2011, is amended to  read
 as follows:
   (a)  Any person, firm, company, partnership or corporation offering to
 sell real property which is subject  to  a  green  jobs-green  New  York
 on-bill recovery charge pursuant to title nine-A of article eight of the
 public authorities law AND WHICH PROVIDES THAT SUCH CHARGE SHALL SURVIVE
 CHANGES  IN  OWNERSHIP,  TENANCY  OR METER ACCOUNT RESPONSIBILITY IF NOT
 FULLY SATISFIED PRIOR TO SALE OR TRANSFER, shall provide written  notice
 to the prospective purchaser or the prospective purchaser's agent, stat-
 ing as follows: "This property is subject to a green jobs-green New York
 on-bill  recovery charge". Such notice shall also state the total amount
 of the original charge, the payment schedule and the approximate remain-
 ing balance, a description of the energy efficiency services  performed,
 including  improvements to the property, and an explanation of the bene-
 fit of  the  green  jobs-green  New  York  qualified  energy  efficiency
 services. Such notice shall be provided by the seller prior to accepting
 a purchase offer; PROVIDED THAT SUCH NOTICE IS NOT NECESSARY IF THE LOAN
 AGREEMENT  PROVIDES  THAT  UPON SALE OR TRANSFER OF THE SUBJECT PROPERTY
 THE PURCHASER OR TRANSFEREE IS ONLY  RESPONSIBLE  FOR  ON-BILL  RECOVERY
 CHARGES  AFTER  SALE  OR  TRANSFER IF THEY AGREE THROUGH WRITTEN EXPRESS
 ASSUMPTION PROVIDED IN ACCORDANCE WITH THE TERMS OF THE ON-BILL RECOVERY
 S. 9744                             3
 
 LOAN AGREEMENT, AND IN THE ABSENCE  OF  SUCH  ASSUMPTION,  THE  ORIGINAL
 SELLER,  TRANSFER,  OR CURRENT LOAN HOLDER OF THE SUBJECT PROPERTY SHALL
 BE RESPONSIBLE FOR PAYMENT OF  SUCH  REMAINING  CHARGES  THROUGH  DIRECT
 BILLING  AND  PAYMENT TO THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP-
 MENT AUTHORITY, OR ITS AGENT.
   § 5. This act shall take effect immediately.