§ 66-m. Green jobs-green New York on-bill recovery. 1.(a) The
commission shall, within forty-five days of the effective date of this
section, commence a proceeding to investigate the implementation by each
combination electric and gas corporation having annual revenues in
excess of two hundred million dollars of a billing and collection
service for on-bill recovery charges in payment of obligations of its
customers to the green jobs-green New York revolving loan fund
established pursuant to title nine-A of article eight of the public
authorities law and, within one hundred fifty days of the effective date
of this section, the commission shall make a determination establishing
the billing and collection procedures for such on-bill recovery charges.
The department shall consult with the New York state energy research and
development authority in the preparation of its recommendations to the
commission for such determination. The commission shall require such
electric and gas corporations to offer billing and collection services
for green jobs-green New York on-bill recovery charges for eligible
customers within three hundred days of the effective date of this
section. To the extent practicable, such electric and gas corporations
shall utilize existing electronic data interchange infrastructure or
other existing billing infrastructure to implement their billing and
collection responsibilities under this section, and shall utilize
funding available from the New York state energy research and
development authority to defray any costs associated with electronic
data interchange improvements or other costs of initiating and
implementing this program.

(b) To ensure proper program design and implementation, each electric
and gas corporation shall initially limit the number of customers who
pay a green jobs-green New York on-bill recovery charge at any given
time to no more than one half of one percent of its total customers, on
a first come, first served basis. Prior to reaching such limit, the New
York state energy research and development authority shall petition the
commission to review said limit, and the commission shall increase such
limit provided that the commission finds that the program has not caused
significant harm to the electric or gas company or its ratepayers.

(c) The commission may suspend such an electric and gas corporation's
offering of the on-bill recovery charge provided that the commission,
after conducting a hearing as provided in section twenty of this
chapter, makes a finding that there is a significant increase in arrears
or utility service disconnections that the commission determines is
directly related to the on-bill recovery charge, or a finding of other
good cause.

(d) The on-bill recovery charge shall be collected on the bill from
the customer's electric corporation unless the qualified energy
efficiency services at that customer's premises result in more projected
energy savings on the customer's gas bill than the electric bill, in
which case such charge shall be collected on the customer's gas
corporation bill.

(e) The commission shall determine an appropriate percentage, up to
fifteen percent, of the energy savings from qualified energy efficiency
services, financed with a loan pursuant to section eighteen hundred
ninety-six of the public authorities law that is subject to an on-bill
recovery charge, to be credited to the combination electric and gas
corporation that is issuing the bill for such charge, for purposes of
meeting such corporation's targets under energy efficiency programs
established by the commission.

2. Schedules for the collection and billing of on-bill recovery
charges shall provide:

(a) that billing and collection services shall be available to all
customers who have met the standards established by the New York state
energy research and development authority for participation in the
on-bill recovery mechanism under the green jobs-green New York program
and have executed an agreement for the performance of qualified energy
efficiency services under such program; provided, however, that for
residential properties any such customer must hold primary ownership or
represent the primary owner or owners of the premises and hold primary
meter account responsibility or represent the primary holder or holders
of meter account responsibility for all meters to which such on-bill
recovery charges will apply;

(b) that the responsibilities of such electric and gas corporation are
limited to providing billing and collection services for on-bill
recovery charges as directed by the authority;

(c) that the rights and responsibilities of residential customers
paying on-bill recovery charges shall be governed by the provisions of
article two of this chapter;

(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, 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;

(e) not less than forty-five days after closure of an account that is
subject to an on-bill recovery charge, and provided that the customer
does not re-establish service with such electric and gas corporation, it
shall be the responsibility of the New York state energy research and
development authority and not the electric and gas corporation to
collect any arrears that are due and owing;

(f) a customer remitting less than the total amount due for electric
and/or gas services and on-bill recovery charges shall have such partial
payment first applied as payment for electric and/or gas services and
any remaining amount will be applied to the on-bill recovery charge;

(g) billing and collection services shall be available without regard
to whether the energy or fuel delivered by the utility is the customer's
primary energy source;

(h) unless otherwise precluded by law, participation in the green
jobs-green New York program shall not affect a customer's eligibility
for any rebate or incentive offered by a utility; and

(i) any other provisions necessary to provide for the billing and
collection of on-bill recovery charges.

3. The commission shall not approve any application for the conversion
to submetering of any master meter which is subject to any on-bill
recovery charges.