Bill Text: NY A08277 | 2019-2020 | General Assembly | Introduced

---

Bill Title: Relates to the green jobs-green New York on-bill energy efficiency payment program.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to energy [A08277 Detail]

Download: New_York-2019-A08277-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          8277

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      June 11, 2019
                                       ___________

        Introduced  by  M.  of  A.  CUSICK -- (at request of the Energy Research
          Development Authority) -- read once and referred to the  Committee  on
          Energy

        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
          on-bill energy efficiency payment program

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph (a) of subdivision  5  of  section  1896  of  the
     2  public  authorities  law, as added by section 1 of part DD of chapter 58
     3  of the laws of 2012, is amended to read as follows:
     4    (a) For each loan issued for qualified energy efficiency services that
     5  is to be repaid through an on-bill recovery  mechanism[,  the  New  York
     6  state  energy  research and development authority shall record, pursuant
     7  to article nine of the real property law, in the office of the appropri-
     8  ate recording officer,  a  declaration  with  respect  to  the  property
     9  improved  by  such services of the existence of the loan and stating the
    10  total amount of the loan, the term of the loan, and  that  the  loan  is
    11  being  repaid]  through  a charge on an electric or gas meter associated
    12  with the property, the on-bill recovery loan agreement shall  allow  for
    13  the  purchaser or transferee to agree through written express assumption
    14  provided in accordance with the terms of the on-bill recovery loan  that
    15  he or she is responsible for future on-bill recovery charges, and in the
    16  absence  of  such  written  express  assumption,  the  original  seller,
    17  transferor, or current loan holder of the subject property shall contin-
    18  ue to be responsible for  payment  of  such  remaining  charges  through
    19  direct  billing  and  payment  to the New York state energy research and
    20  development authority, or its  agent.  [The  declaration  shall  further
    21  state  that it is being filed pursuant to this section and, unless fully
    22  satisfied prior to sale or transfer of the property, the loan  repayment
    23  utility  meter  charge  shall  survive changes in ownership, tenancy, or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09105-02-9
        A. 8277                             2

     1  meter account responsibility and, until fully satisfied,  shall  consti-
     2  tute  the  obligation  of  the person responsible for the meter account.
     3  Such declaration shall not constitute a mortgage and  shall  not  create
     4  any  security interest or lien on the property. Upon satisfaction of the
     5  loan, the authority shall file a declaration of  repayment  pursuant  to
     6  article nine of the real property law.]
     7    §  2.  Paragraph  (d)  of  subdivision 2 of section 66-m of the public
     8  service law, as added by chapter 388 of the laws of 2011, is amended  to
     9  read as follows:
    10    (d)  unless  fully  satisfied  prior to sale or transfer, that (i) the
    11  on-bill recovery charges for any services  provided  at  the  customer's
    12  premises  shall  survive  changes in ownership, tenancy or meter account
    13  responsibility if the New York state  energy  research  and  development
    14  authority  shall have recorded a declaration pursuant to article nine of
    15  the real property law with respect to such property for the existence of
    16  an on-bill recovery loan, and (ii)  that  arrears  in  on-bill  recovery
    17  charges  at  the  time of account closure or meter transfer shall remain
    18  the responsibility of the incurring customer, unless  expressly  assumed
    19  by a subsequent purchaser of the property subject to such charges;
    20    § 3. Paragraph (a) of subdivision 4 of section 242 of the real proper-
    21  ty  law, as added by chapter 388 of the laws of 2011, is amended to read
    22  as follows:
    23    (a) Any person, firm, company, partnership or corporation offering  to
    24  sell  real  property  which  is  subject  to a green jobs-green New York
    25  on-bill recovery charge pursuant to title nine-A of article eight of the
    26  public authorities law and which provides that such charge shall survive
    27  changes in ownership, tenancy or meter  account  responsibility  if  not
    28  fully  satisfied prior to sale or transfer, shall provide written notice
    29  to the prospective purchaser or the prospective purchaser's agent, stat-
    30  ing as follows: "This property is subject to a green jobs-green New York
    31  on-bill recovery charge". Such notice shall also state the total  amount
    32  of the original charge, the payment schedule and the approximate remain-
    33  ing  balance, a description of the energy efficiency services performed,
    34  including improvements to the property, and an explanation of the  bene-
    35  fit  of  the  green  jobs-green  New  York  qualified  energy efficiency
    36  services. Such notice shall be provided by the seller prior to accepting
    37  a purchase offer; provided that such notice is not necessary if the loan
    38  agreement provides that upon sale or transfer of  the  subject  property
    39  the  purchaser  or  transferee  is only responsible for on-bill recovery
    40  charges after sale or transfer if  he  or  she  agrees  through  written
    41  express  assumption provided in accordance with the terms of the on-bill
    42  recovery loan agreement, and in the  absence  of  such  assumption,  the
    43  original seller, transfer, or current loan holder of the subject proper-
    44  ty  shall  be  responsible for payment of such remaining charges through
    45  direct billing and payment to the New York  state  energy  research  and
    46  development authority, or its agent.
    47    §  4.  This  act shall take effect on the thirtieth day after it shall
    48  have become a law and shall apply to any  eligible  applications  on  or
    49  after such date.