S T A T E O F N E W Y O R K
________________________________________________________________________
1335
2025-2026 Regular Sessions
I N S E N A T E
January 9, 2025
___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Energy and Telecommuni-
cations
AN ACT to amend the general municipal law, in relation to the municipal
sustainable energy loan program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 119-ee of the general municipal law, as added by
chapter 497 of the laws of 2009, is amended to read as follows:
§ 119-ee. Legislative findings and declaration. The legislature finds
and declares that it is the policy of the state to achieve statewide
energy efficiency and renewable energy goals, reduce greenhouse gas
emissions and mitigate the effect of global climate change, and advance
a clean energy economy; and that to achieve such policy and goals the
state must promote the deployment of renewable energy systems [and],
energy efficiency measures, QUALIFYING WATER IMPROVEMENTS, AND LOW
CARBON INTENSITY BUILDING COMPONENTS throughout the state; and that
municipalities would fulfill an important public purpose by providing
loans to property owners for the installation of renewable energy
systems [and], energy efficiency measures, QUALIFYING WATER IMPROVE-
MENTS, AND THE USE OF LOW CARBON INTENSITY BUILDING COMPONENTS.
§ 2. Subdivisions 5, 6, 7 and 8 of section 119-ff of the general
municipal law, as amended by chapter 184 of the laws of 2020, are
amended to read as follows:
5. "FEASIBILITY STUDY" MEANS A WRITTEN STUDY, CONDUCTED BY A CONTRAC-
TOR CERTIFIED BY THE AUTHORITY, OR CERTIFIED BY A CERTIFYING ENTITY
APPROVED BY THE AUTHORITY FOR PURPOSES OF THIS ARTICLE, FOR THE PURPOSE
OF DETERMINING THE FEASIBILITY OF INSTALLING A RENEWABLE ENERGY SYSTEM
OR QUALIFYING WATER IMPROVEMENT. A MUNICIPAL CORPORATION MAY, BY LOCAL
LAW, PROVIDE FOR THE CERTIFICATION OF SUCH CONTRACTORS BASED UPON CRITE-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02166-01-5
S. 1335 2
RIA AT LEAST AS STRINGENT AS THE STATE-WIDE CRITERIA FOR CERTIFICATION
ADOPTED BY THE AUTHORITY FOR PURPOSES OF THIS ARTICLE.
6. "LOW CARBON INTENSITY BUILDING COMPONENT IMPROVEMENT" MEANS ANY
PERMANENTLY AFFIXED IMPROVEMENT TO REAL PROPERTY, WHETHER AS A COMPONENT
OF THE NEW CONSTRUCTION OF A BUILDING OR AS THE RENOVATION OR RETROFIT-
TING OF AN EXISTING BUILDING, TO REDUCE THE CARBON OR OTHER GREENHOUSE
GAS EMISSIONS OF THOSE COMPONENTS OR THE IMPROVED PROPERTY.
7. "Municipal corporation" means a county, town, city or village.
8. "QUALIFYING WATER IMPROVEMENT" MEANS ANY IMPROVEMENT TO REAL PROP-
ERTY, WHETHER AS A COMPONENT OF THE NEW CONSTRUCTION OF A BUILDING OR AS
THE RENOVATION AND RETROFITTING OF AN EXISTING BUILDING, TO REDUCE WATER
CONSUMPTION, PROMOTE WATER CONSERVATION AND STORAGE, MANAGE STORMWATER,
RESIST FLOODING, AND MITIGATE CONTAMINATION IN POTABLE WATER SYSTEMS.
[6.] 9. "Real property" means any property, an interest in which is or
is eligible to be recorded or registered on municipal land ownership
records by the possessor of such interest.
[7.] 10. "Renewable energy system" means an energy generating system
for the generation of electric or thermal energy, to be used primarily
at such property, except when the owner of real property is a commercial
entity, by means of solar thermal, solar photovoltaic, wind, geothermal,
anaerobic digester gas-to-electricity systems, fuel cell technologies,
or other renewable energy technology approved by the authority not
including the combustion or pyrolysis of solid waste.
[8. "Renewable energy system feasibility study" means a written study,
conducted by a contractor certified by the authority, or certified by a
certifying entity approved by the authority for purposes of this arti-
cle, for the purpose of determining the feasibility of installing a
renewable energy system. A municipal corporation may, by local law,
provide for the certification of such contractors based upon criteria at
least as stringent as the state-wide criteria for certification adopted
by the authority for purposes of this article.]
§ 3. Section 119-gg of the general municipal law, as added by chapter
497 of the laws of 2009, subdivisions 1 and 6 as amended by chapter 320
of the laws of 2017, is amended to read as follows:
§ 119-gg. Sustainable energy loan program. 1. The legislative body of
any municipal corporation may, by local law, establish a sustainable
energy loan program using federal grant assistance or federal credit
support or monies from the state of New York or any state authority as
defined by section two of the public authorities law available for this
purpose.
2. Such program may make loans to the owners of real property located
within the municipal corporation to finance the installation of renewa-
ble energy systems [and], energy efficiency improvements, QUALIFYING
WATER IMPROVEMENTS, LOW CARBON INTENSITY BUILDING COMPONENTS, related
energy audits and [renewable energy system] feasibility studies, and the
verification of the installation of such systems and improvements. No
municipal corporation shall make such a loan to an owner of property
that has received a loan from another municipal corporation pursuant to
this article.
3. Each such local law establishing the sustainable energy loan
program shall provide for the criteria for making such loans and the
terms and conditions for repayment of such loans. The sustainable energy
loan program shall use such lists of cost effective energy efficiency
improvements for different building types as are approved by the author-
ity.
S. 1335 3
4. The municipal corporation shall verify and report on the installa-
tion and performance of renewable energy systems [and], energy efficien-
cy improvements, QUALIFYING WATER IMPROVEMENTS, AND LOW CARBON INTENSITY
BUILDING COMPONENT IMPROVEMENTS financed by the loan program in such
form and manner as the authority may establish.
5. Every loan made under the sustainable energy loan program shall be
repaid over a term not to exceed the [weighted average of the useful
life of such systems and improvements] THE LONGEST LIVED SYSTEM OR
IMPROVEMENT as determined by the municipal corporation. The municipal
corporation shall [set] APPROVE a fixed rate of interest for the repay-
ment of the principal amount of each loan at the time the loan is made.
6. a. For loans made to an owner of real property that is a commercial
entity, not-for-profit organization, or entity other than an individual,
the municipal corporation, GOVERNING BODY OR ITS DULY ASSIGNED AGENT
shall have the authority to impose requirements on the maximum amount
that may be borrowed through such loan, which may consider factors
including but not limited to the property value, projected savings,
project cost, and existing indebtedness secured by such property.
b. For loans made to an owner of real property who is an individual,
the principal amount of each such loan, excluding interest, shall not
exceed the lesser of ten percent of the appraised real property value or
the actual cost of installing the renewable energy system [and], energy
efficiency [improvements] IMPROVEMENT, QUALIFYING WATER IMPROVEMENT, OR
LOW CARBON INTENSITY BUILDING COMPONENT IMPROVEMENT, including the costs
of necessary equipment, materials, and labor, the costs of each related
energy audit and renewable energy system feasibility study, and the cost
of verification of such renewable energy system and energy efficiency
improvements.
7. No such loan shall be made for energy efficiency improvements
unless determined to be appropriate through an energy audit, and no such
loan shall be made for a renewable energy system OR QUALIFYING WATER
IMPROVEMENT unless determined to be feasible through a [renewable energy
system] feasibility study.
8. AN ENERGY AUDIT MAY DOCUMENT IMPROVEMENTS AND RELATED COSTS THAT
ARE REQUIRED FOR THE ENERGY EFFICIENCY IMPROVEMENTS TO PROCEED AND
FURTHER MAY DOCUMENT EXPECTED ENERGY SAVINGS, ANY EXPECTED REDUCTIONS IN
GREENHOUSE GAS EMISSIONS, AND ANY OTHER ENVIRONMENTAL, ECONOMIC AND
PUBLIC HEALTH BENEFITS EXPECTED FROM THE INSTALLATION OF THE IMPROVE-
MENTS, INCLUDING THOSE ENUMERATED IN THE SCOPING PLANS AND RELATED
VALUES CREATED PURSUANT TO ARTICLE SEVENTY-FIVE OF THE ENVIRONMENTAL
CONSERVATION LAW.
9. A FEASIBILITY STUDY MAY DOCUMENT IMPROVEMENTS AND RELATED COSTS
THAT ARE REQUIRED FOR THE RENEWABLE ENERGY SYSTEM OR QUALIFYING WATER
IMPROVEMENTS TO PROCEED AND FURTHER MAY DOCUMENT EXPECTED ENERGY
SAVINGS, ANY EXPECTED REDUCTIONS IN GREENHOUSE GAS EMISSIONS, AND ANY
OTHER ENVIRONMENTAL, ECONOMIC AND PUBLIC HEALTH BENEFITS EXPECTED FROM
THE INSTALLATION OF THE IMPROVEMENTS, INCLUDING THOSE ENUMERATED IN THE
SCOPING PLANS AND RELATED VALUES CREATED PURSUANT TO ARTICLE SEVENTY-
FIVE OF THE ENVIRONMENTAL CONSERVATION LAW.
10. The loan made under the sustainable energy loan program shall
constitute a lien upon the real property benefitted by such loan.
[9.] 11. The municipal corporation may require the loan made under the
sustainable energy loan program to be repaid by the property owner
through a charge on the real property benefitted by such loan. Such
charge shall be on the real property, SHALL BE PAYABLE BY THE PROPERTY
OWNER REGARDLESS OF TAX-PAYING OR TAX-EXEMPT STATUS, and shall be levied
S. 1335 4
and collected at the same time and in [the same] A manner [as] CONSIST-
ENT WITH THE MANNER GENERALLY APPLIED TO municipal taxes (AND REGARDLESS
OF WHETHER MUNICIPAL TAXES ARE ACTUALLY PAYABLE FOR SUCH REAL PROPERTY),
provided that such charge shall be separately listed on the tax bill,
and provided further that in the event such charge should not be paid in
a timely manner, no other municipal corporation shall be required to
credit or otherwise guarantee the amount of such unpaid charge to the
municipal corporation which authorized the loan, notwithstanding any
provision of law to the contrary.
12. TO THE EXTENT ANY SUCH CHARGE IS NOT PAID WHEN DUE (AND REGARDLESS
OF THE TAX PAYMENT STATUS FOR THE REAL PROPERTY AND THE SATISFACTION OR
NON-SATISFACTION OF OTHER MUNICIPAL TAXES), THE DELINQUENT CHARGE MAY BE
ENFORCED OR FORECLOSED UNDER ARTICLE THIRTEEN OF THE REAL PROPERTY
ACTIONS AND PROCEEDINGS LAW TO THE EXTENT OF ANY UNPAID INSTALLMENT
PAYMENTS. IN ANY EVENT OF ENFORCEMENT, INCLUDING FORECLOSURE, THE
BALANCE OF THE LIEN SHALL NOT ACCELERATE AND SHALL SURVIVE JUDGMENT. THE
PROCEEDS RECEIVED IN AN ACTION TO ENFORCE AN UNPAID OR DELINQUENT CHARGE
SHALL BE PAID FIRST TO OUTSTANDING REAL PROPERTY TAXES, MUNICIPAL CHARG-
ES, OR OTHER MUNICIPAL LIENS.
13. THE MUNICIPAL CORPORATION MAY ASSIGN THE ENFORCEMENT OR FORECLO-
SURE OF A DELINQUENT CHARGE OR CHARGES, IN WHICH EVENT THE ASSIGNEE
SHALL HAVE AND POSSESS THE SAME POWERS AND RIGHTS AT LAW OR IN EQUITY AS
THE MUNICIPAL CORPORATION WOULD HAVE HAD IT NOT BEEN ASSIGNED WITH
REGARD TO THE PRECEDENCE AND PRIORITY OF SUCH DELINQUENT CHARGES, THE
ACCRUAL OF INTEREST AND THE FEES AND EXPENSES OF COLLECTION. IN ADDI-
TION, SUCH ASSIGNEE SHALL HAVE THE SAME RIGHTS TO ENFORCE SUCH DELIN-
QUENT CHARGE OR CHARGES AS ANY PRIVATE PARTY HOLDING A LIEN ON REAL
PROPERTY, INCLUDING, BUT NOT LIMITED TO, FORECLOSURE AND A SUIT ON THE
DEBT.
§ 4. This act shall take effect immediately.
