STATE OF NEW YORK
________________________________________________________________________
3941--A
2015-2016 Regular Sessions
IN SENATE
February 23, 2015
___________
Introduced by Sen. GRIFFO -- read twice and ordered printed, and when
printed to be committed to the Committee on Energy and Telecommuni-
cations -- recommitted to the Committee on Energy and Telecommuni-
cations in accordance with Senate Rule 6, sec. 8 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the public authorities law, the public service law and
the real property law, in relation to establishing the "Commercial
on-bill repayment act of 2016"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings. The legislature finds and declares
2 that promoting widespread dissemination of energy conservation and clean
3 energy technologies represents a clear and cost-effective strategy for
4 building owners and occupants in New York state to curtail the emission
5 of greenhouse gases and harmful air contaminants, reducing the state's
6 contribution to climate change, reducing dependence on fossil fuels, and
7 creating green jobs to sustain and enhance our economy. However, lack of
8 affordable and accessible financing for many owners of commercial build-
9 ings has hindered progress in fully realizing the promise of these tech-
10 nologies. On-bill repayment facilitates the financing of clean energy
11 projects through the utility bill, which can allow for more affordable
12 financing terms than would be otherwise available due to the security of
13 utility bill payments. On-bill repayment will incentivize private inves-
14 tors to invest in clean energy improvements in New York, will stimulate
15 the state's economy by creating jobs for contractors and other persons
16 who complete new energy improvements, and will reinforce the leadership
17 role of the state in the new energy economy, thereby attracting clean
18 energy manufacturing facilities and related jobs to the state. On-bill
19 repayment expands access to clean energy upgrades without relying on
20 public funding.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04873-05-6
S. 3941--A 2
1 Therefore, it is the intent of the legislature to enact a "Commercial
2 On-Bill Repayment" program to animate the market for clean energy
3 improvements and accelerate the flow of private capital into clean ener-
4 gy projects, and thus achieve significant reductions in greenhouse gas
5 emissions and toxic emissions well above the level of reductions that
6 would be achieved through business as usual.
7 § 2. Article 8 of the public authorities law is amended by adding a
8 new title 9-B to read as follows:
9 TITLE 9-B
10 COMMERCIAL ON-BILL REPAYMENT PROGRAM
11 Section 1900. Short title.
12 1901. Definitions.
13 1902. Purpose.
14 1903. Administration by the authority.
15 1904. Commercial on-bill repayment program.
16 1905. Advisory council.
17 1906. Annual reporting.
18 1907. Funds, administration and evaluation and coordination.
19 § 1900. Short title. This title shall be known and may be cited as the
20 "Commercial On-Bill Repayment Act of 2016".
21 § 1901. Definitions. As used in this title, the following terms shall
22 have the following meanings:
23 1. "Applicant" means a person who owns, leases or manages an eligible
24 structure or a portion of such eligible structure and who has the
25 authority to contract for the provision of qualified clean energy
26 improvements to such eligible structure or portion of such eligible
27 structure.
28 2. "Authority" shall have the same meaning as in subdivision two of
29 section eighteen hundred fifty-one of this article.
30 3. "Commercial structure" means a building other than a non-residen-
31 tial structure, multi-family structure, or residential structure.
32 4. "Distribution utility" means a combination electric and gas corpo-
33 ration having annual revenues in excess of two hundred million dollars
34 and the Long Island power authority.
35 5. "Multi-family structure" means a multi-family structure as such
36 term is defined in section eighteen hundred ninety-one of this article.
37 6. "Non-residential structure" means a non-residential structure as
38 such term is defined in section eighteen hundred ninety-one of this
39 article.
40 7. "Eligible project" means qualified clean energy improvements for an
41 eligible structure.
42 8. "Eligible structure" means (a) a commercial structure or (b) a
43 non-residential structure.
44 9. "OBR agreement" means a standard written agreement executed by a
45 distribution utility customer of record with respect to the subject
46 property, the owner of the subject property and an OBR partner or its
47 agent governing the terms of an OBR obligation.
48 10. "OBR master servicer" means an entity retained by the authority to
49 implement the tasks set forth in section nineteen hundred four of this
50 title.
51 11. "OBR master servicer agreement" means an agreement developed by
52 the authority as provided in section nineteen hundred four of this
53 title.
54 12. "OBR obligation" means an obligation to repay a financing provided
55 to a utility customer for the installation of an eligible project pursu-
56 ant to an on-bill repayment program. An OBR obligation will exist where
S. 3941--A 3
1 a financing pursuant to an OBR agreement has been approved by the OBR
2 master servicer and has not been satisfied.
3 13. "OBR partner" means a person or entity providing financing for
4 qualified clean energy improvements pursuant to the commercial on-bill
5 repayment program which enters into an OBR master servicer agreement.
6 OBR partners may include, but are not limited to, banks, savings and
7 loan institutions, credit unions, project developers, or energy service
8 companies. Financing may be provided in the form of a loan, lease, power
9 purchase agreement, energy service agreement, or other financing struc-
10 ture approved by the authority.
11 14. "On-bill repayment charge" means a charge, constituting repayment
12 of all or a portion of any OBR obligation, that is included on a utility
13 bill.
14 15. "Program" means the commercial on-bill repayment program created
15 by this title.
16 16. "Qualified clean energy improvements" means improvements, includ-
17 ing clean energy resources such as energy efficiency, renewable energy,
18 combined heat and power, demand response, and any other low-carbon ener-
19 gy technology reasonably designated by the authority, that are perma-
20 nently affixed to real property and meet cost effectiveness standards
21 established by the authority.
22 17. "Residential structure" means a residential structure as such term
23 is defined in section eighteen hundred ninety-one of this article.
24 § 1902. Purpose. There is hereby created a commercial on-bill repay-
25 ment program. The purpose of the program is to:
26 1. Promote energy efficiency, energy conservation and the installation
27 of clean energy technologies;
28 2. Reduce energy consumption and energy costs;
29 3. Reduce greenhouse gas emissions;
30 4. Create green job opportunities; and
31 5. Promulgate a replicable, scalable approach to financing clean ener-
32 gy projects for the purpose of animating the market for such projects
33 and accelerating the flow of capital into such projects.
34 § 1903. Administration by the authority. Within three hundred days of
35 the effective date of this title, the authority is hereby authorized and
36 directed to establish and administer the commercial on-bill repayment
37 program. The authority shall implement the program in consultation with
38 the department of public service, the power authority of the state of
39 New York, the Long Island power authority, the department of economic
40 development and the department of environmental conservation.
41 § 1904. Commercial on-bill repayment program. 1. (a) There is hereby
42 created a commercial on-bill repayment program.
43 (b) In administering such program, the authority is authorized and
44 directed to:
45 (i) enter into contracts with one or more program implementers to
46 perform such functions as the authority deems appropriate;
47 (ii) retain the services of a master servicer;
48 (iii) develop, in consultation with the distribution utilities and the
49 department of public service, an OBR master servicer agreement that
50 includes, but is not limited to, provisions regarding the following:
51 (1) protocols for communication between and among the OBR partners,
52 the distribution utilities and the OBR master servicer;
53 (2) approval by the master servicer of OBR agreements, upon submission
54 of conforming agreements by OBR partners along with certification by a
55 licensed engineer that the work scope financed under the OBR agreement
56 conforms with standards set by the authority and that the work was
S. 3941--A 4
1 completed and certification by the OBR partner that the notice required
2 by paragraph (b) of subdivision two of this section was delivered to the
3 applicant;
4 (3) billing and collection of on-bill repayment charges by the
5 distribution utilities and payment of such charges to the OBR partners;
6 (4) defaults in payment by applicants;
7 (5) handling of disputes and complaints by participants in the commer-
8 cial OBR program, provided that with respect to disputes and complaints
9 involving OBR obligations relating to eligible structures other than
10 commercial structures, the authority shall be responsible for resolving
11 such complaints and disputes, and that with respect to disputes and
12 complaints involving OBR obligations relating to commercial structures,
13 such matters shall be addressed through binding arbitration.
14 (6) payment of a fee by the OBR partner within thirty days of initi-
15 ation of an on-bill repayment charge of one hundred dollars per OBR
16 obligation to the distribution utility in whose service territory such
17 customer is located to help defray the costs that are directly associ-
18 ated with implementing the program;
19 (7) payment of a fee by the OBR partner within thirty days of the
20 initiation of the on-bill repayment charge to the authority to help
21 defray the costs that are directly associated with the program;
22 (8) payment of a fee by the OBR partner within thirty days of initi-
23 ation of the on-bill repayment charge of one quarter of one percent of
24 the amount of the OBR obligation to the distribution utility in whose
25 service territory such customer is located to help defray the costs that
26 are directly associated with the program;
27 (9) payment of a fee by the OBR partner to the master servicer as
28 required by the agreement between the authority and the master servicer;
29 and
30 (10) payment of a fee by the OBR partner to the master servicer as
31 required by the agreement between the authority and the master servicer
32 for fees associated with recording the declaration and satisfaction of
33 the OBR obligation.
34 (iv) establish guidance concerning qualified clean energy improve-
35 ments;
36 (v) establish cost effectiveness standards for such improvements. The
37 cost-effectiveness of an eligible project shall be evaluated solely on
38 the basis of the costs and projected savings to the applying customer or
39 such other party as may step into the shoes of the applying customer,
40 using an engineering process that incorporates best practices as deter-
41 mined by the authority for (1) standard baselining, including prior
42 billing data and usage patterns, (2) savings projections, (3) design,
43 construction and commissioning, (4) operations, maintenance and monitor-
44 ing, and (5) measurement and verification; provided however that based
45 upon the most recent customer data available, on an annualized basis,
46 the monthly on-bill repayment amount for a package of measures shall not
47 exceed one-twelfth of the savings projected to result from the installa-
48 tion of the measures provided further that nothing herein shall be
49 construed to prohibit or prevent customers whose primary heating energy
50 source is from deliverable fuels from participating in the program; and
51 (vi) establish requirements for ongoing disclosure to the authority of
52 (A) selected data concerning the energy, environmental and financial
53 outcomes of qualified energy projects implemented with financing
54 provided through the commercial OBR program and (B) all information that
55 the authority shall be required to include in its annual report to the
56 governor, the temporary president of the senate, the speaker of the
S. 3941--A 5
1 assembly, the minority leader of the senate and the minority leader of
2 the assembly concerning the authority's activities related to the
3 commercial on-bill repayment program as set forth in section nineteen
4 hundred seven of this title; and
5 (vii) exercise such other powers as are necessary or convenient for
6 the proper administration of the program, including, at the discretion
7 of the authority, entering into agreements with applicants and with such
8 state or federal agencies as necessary to directly receive rebates and
9 grants available for eligible projects and apply such funds to repayment
10 of applicant OBR obligations.
11 2. (a) Applicants seeking to participate in the commercial OBR program
12 shall arrange to obtain, from OBR partners, financing for qualified
13 clean energy improvements. Each OBR partner shall establish its own
14 credit standards for such financing; and the authority shall establish a
15 process for receipt and resolution of customer complaints concerning
16 on-bill repayment charges arising from OBR obligations relating to
17 eligible structures other than commercial structures and for addressing
18 delays and defaults in customer payments with respect to such OBR obli-
19 gations.
20 (b) Prior to the approval by the authority of each OBR agreement
21 entered into by an applicant pursuant to this section, the OBR partner
22 shall cause to be provided to each applicant proposing to incur such OBR
23 obligation a notice stating, in clear and conspicuous terms:
24 (i) the financial and legal obligations and risks of putting in place
25 the OBR obligation, including the obligation to provide or consent to
26 the customer's utility providing the authority information on the sourc-
27 es and quantities of energy used in the customer's premises and any
28 improvements or modifications to the premises, use of the premises or
29 energy consuming appliances or equipment of any type that may signif-
30 icantly affect energy usage;
31 (ii) that the on-bill repayment charge will be billed by such custom-
32 er's utility company and that failure to pay such on-bill repayment
33 charge may result in the customer having his or her electricity and/or
34 gas service terminated for non-payment;
35 (iii) that performance of the qualified clean energy improvements may
36 not result in lower monthly energy costs over time, based on additional
37 factors that contribute to monthly energy costs; and
38 (iv) (1) in the case of OBR obligations relating to eligible projects
39 performed on eligible structures other than commercial structures, that
40 it is the sole responsibility of the authority to handle consumer
41 inquiries and complaints related to the operation and lending associated
42 with the program, provided further that the authority shall provide a
43 mechanism to receive such consumer inquiries and complaints.
44 (2) in the case of OBR obligations relating to eligible projects
45 performed on commercial structures, that all disputes related to the
46 operation and financing associated with the program shall be subject to
47 arbitration, as provided in the OBR master agreement.
48 3. The authority shall make available to the public, on an anonymized
49 basis, selected data concerning the energy, environmental and financial
50 outcomes of qualified energy projects implemented with financing
51 provided through the commercial OBR program.
52 4. (a) For each OBR obligation that is approved by the authority, the
53 New York State Energy Research and Development Authority shall record or
54 cause to be recorded, pursuant to article nine of the real property law,
55 in the office of the appropriate recording officer, a declaration with
56 respect to the property improved by such services of the existence of
S. 3941--A 6
1 the OBR obligation and stating the total amount of the OBR obligation,
2 the term of the OBR obligation, and that the OBR obligation is being
3 repaid through a charge on an electric or gas meter associated with the
4 property. The declaration shall further state that it is being filed
5 pursuant to this section and, unless fully satisfied prior to sale or
6 transfer of the property, the OBR obligation shall survive changes in
7 ownership, tenancy, or meter account responsibility and, until fully
8 satisfied, shall constitute the obligation of the person responsible for
9 the meter account. Such declaration shall not constitute a mortgage and
10 shall not create any security interest or lien on the property. Upon
11 satisfaction of the OBR obligation, the authority shall file a declara-
12 tion of repayment pursuant to article nine of the real property law.
13 (b) The recording officer shall record such declarations in the same
14 book, provided under section three hundred fifteen of the real property
15 law, in which such recording officer records deeds.
16 § 1905. Advisory council. 1. The authority shall establish a commer-
17 cial on-bill repayment advisory council to advise the authority on the
18 creation and implementation of the program. The council shall consist
19 of:
20 (a) The president of the authority; the secretary of state; the chair
21 of the department of public service; the president of the power authori-
22 ty of the state of New York; the president of the Long Island power
23 authority; the commissioner of economic development; the commissioner of
24 environmental conservation; or the designees of such persons; and
25 (b) Unions, including building trades and property services; large-
26 scale construction contractors; investment market experts; financial
27 market experts; environmental non-governmental organizations; and real
28 estate experts.
29 2. The president of the authority shall serve as the chair of the
30 council.
31 § 1906. Annual reporting. 1. No later than October first, two thou-
32 sand seventeen and October first of each year thereafter, the president
33 of the authority shall issue an annual report to the governor, the
34 temporary president of the senate, the speaker of the assembly, the
35 minority leader of the senate and the minority leader of the assembly
36 concerning the authority's activities related to the commercial on-bill
37 repayment program created pursuant to this title. Such report shall
38 include, but not be limited to the following information:
39 2. The status of the authority's activities and outcomes related to
40 section nineteen hundred four of this title. Such report shall include,
41 but not be limited to:
42 (a) The number of persons who have applied for OBR obligations to be
43 established through the program;
44 (b) The number of OBR obligations in default;
45 (c) The amount and nature of the costs incurred by the authority for
46 the activities described in paragraph (b) of subdivision one of section
47 nineteen hundred four of this title;
48 (d) The authority's activities and outcomes related to establishing
49 the commercial on-bill repayment mechanism, including the number of
50 persons who have applied the opportunity to utilize on-bill repayment
51 and the results of the evaluation program performed pursuant to subdivi-
52 sion three of section nineteen hundred four of this title;
53 (e) The amount expended by the authority in support of the program and
54 the purposes for which such funds have been expended;
S. 3941--A 7
1 (f) The number of customers participating in the program and the
2 amounts financed pursuant to OBR agreements with respect to which OBR
3 obligations have been established;
4 (g) The number of program participants who are in arrears in their
5 utility accounts for electric and/or gas service;
6 (h) The number of program participants who are in arrears in their
7 on-bill repayment charge payments;
8 (i) The number of program participants whose utility service has been
9 terminated for non-payment;
10 (j) A description of the geographic distribution of OBR obligations
11 made;
12 (k) An estimate of the energy savings resulting from this program; and
13 (l) An estimate of the average project cost.
14 § 1907. Funds, administration and evaluation and coordination. The
15 authority is authorized to accept, as agent of the state, any gift,
16 grant, devise or bequest, whether conditional or unconditional, includ-
17 ing but not limited to federal grants, and to use monies made available
18 for the program from any public or private source, for the purpose of
19 administering and evaluating the effectiveness of the program.
20 § 3. Subdivision 4 of section 1855 of the public authorities law, as
21 amended by chapter 487 of the laws of 2009, is amended to read as
22 follows:
23 4. To make rules and regulations governing the exercise of its corpo-
24 rate powers and the fulfillment of its corporate purposes under this
25 title [and title] and titles nine-A and nine-B of this article, which
26 shall be filed with the department of state in the manner provided by
27 section one hundred two of the executive law.
28 § 4. Paragraph (h) of subdivision 2 of section 18-a of the public
29 service law, as amended by section 2 of part A of chapter 173 of the
30 laws of 2013, is amended to read as follows:
31 (h) On-bill recovery charges billed pursuant to section sixty-six-m of
32 this chapter and on-bill repayment charges billed pursuant to section
33 sixty-six-o of this chapter shall be excluded from any determination of
34 an entity's gross operating revenues derived from intrastate utility
35 operations for purposes of this section.
36 § 5. Paragraph (d) of subdivision 6 of section 65 of the public
37 service law, as amended by chapter 388 of the laws of 2011, is amended
38 to read as follows:
39 (d) for installation of capital improvements and fixtures to promote
40 energy efficiency upon the request and consent of the customer, includ-
41 ing but not limited (i) to the performance of qualified energy efficien-
42 cy services for customers participating in green jobs-green New York
43 on-bill recovery pursuant to section sixty-six-m of this article; or
44 (ii) the performance of qualified energy clean energy improvements for
45 customers participating in the commercial on-bill repayment program
46 pursuant to section sixty-six-o of this article.
47 § 6. The public service law is amended by adding a new section 66-o to
48 read as follows:
49 § 66-o. Commercial on-bill repayment program. 1. (a) The commission
50 shall, within forty-five days of the effective date of this section,
51 commence a proceeding to investigate the implementation by each combina-
52 tion electric and gas corporation having annual revenues in excess of
53 two hundred million dollars of a billing and collection service for
54 on-bill repayment charges in payment of obligations of its customers
55 pursuant to the commercial on-bill repayment program established pursu-
56 ant to title nine-B of article eight of the public authorities law and,
S. 3941--A 8
1 within one hundred fifty days of the effective date of this section, the
2 commission shall make a determination establishing the billing and
3 collection procedures for such on-bill repayment charges. The department
4 shall consult with the New York State Energy Research and Development
5 Authority in the preparation of its recommendations to the commission
6 for such determination. The commission shall require such electric and
7 gas corporations to offer billing and collection services for commercial
8 on-bill repayment charges for eligible customers within three hundred
9 days of the effective date of this section. To the extent practicable,
10 such electric and gas corporations shall utilize existing electronic
11 data interchange infrastructure or other existing billing infrastructure
12 to implement their billing and collection responsibilities under this
13 section.
14 (b) The commission may suspend such an electric and gas corporation's
15 participation in the commercial on-bill repayment program provided that
16 the commission, after conducting a hearing as provided in section twenty
17 of this chapter, makes a finding that there is a significant increase in
18 arrears or utility service disconnections that the commission determines
19 is directly related to on-bill repayment charges, or a finding of other
20 good cause. Any suspension pursuant to this subdivision shall not affect
21 such electric and gas corporation's obligations with respect to any
22 existing OBR obligations outstanding at the time of such suspension,
23 including the continued collection of all on-bill repayment charges
24 related thereto.
25 (c) The on-bill repayment charge shall be collected on the bill from
26 the customer's electric corporation unless the qualified clean energy
27 improvements at that customer's premises result in more projected energy
28 savings on the customer's gas bill than the electric bill, in which case
29 such charge shall be collected on the customer's gas corporation bill.
30 2. Schedules for the collection and billing of on-bill repayment
31 charges shall provide:
32 (a) That billing and collection services shall be available to all
33 customers who have met the standards established by the New York state
34 energy research and development authority for participation in the
35 commercial on-bill repayment program and have executed an OBR agreement
36 for the performance of qualified clean energy improvements under such
37 program and have established an OBR obligation pursuant to section nine-
38 teen hundred four of the public authorities law;
39 (b) That the responsibilities of such electric and gas corporation are
40 limited to providing billing and collection services for on-bill repay-
41 ment charges as directed by the authority;
42 (c) Unless fully satisfied prior to sale or transfer, that (i) the
43 on-bill repayment charges for any services provided at the customer's
44 premises shall survive changes in ownership, tenancy or meter account
45 responsibility, and (ii) that arrears in on-bill repayment charges at
46 the time of account closure or meter transfer shall remain the responsi-
47 bility of the incurring customer, unless expressly assumed by a subse-
48 quent purchaser of the property subject to such charges;
49 (d) With respect to a customer account with an electric and gas corpo-
50 ration that has been closed and in which arrearages exist, including an
51 arrearage with respect to an on-bill repayment charge, the commission
52 may adopt rules providing that after a period of time to be determined
53 by the commission, the share of total arrearage that is attributable to
54 the on-bill repayment charge may be deemed, as of a date certain, to be
55 an obligation owed directly to the OBR partner and not to the electric
56 and gas corporation;
S. 3941--A 9
1 (e) With respect to a customer remitting less than the total amount
2 due for electric and/or gas services and on-bill repayment charges, the
3 authority may require that payments be allocated to the utility and the
4 OBR partner in accordance with a waterfall, such waterfall to be
5 designed with an objective of not increasing utility bad debt expense,
6 with priority in the waterfall being given to past-due amounts in
7 accordance with the billing period during which any such amounts were
8 accrued, with no allocations of arrearages or current charges being made
9 to either the utility or the OBR partner while arrearages of either type
10 from any earlier billing period remain outstanding, and, with respect to
11 charges that accrued during the same billing period, allocations to the
12 utility in respect of any non-OBR charges in all cases being made ahead
13 of allocations to the OBR partner for any OBR charges;
14 (f) Billing and collection services shall be available without regard
15 to whether the energy or fuel delivered by the utility is the customer's
16 primary energy source;
17 (g) Unless otherwise precluded by law, participation in the commercial
18 on-bill repayment program shall not affect a customer's eligibility for
19 any rebate or incentive offered by a utility or the New York state ener-
20 gy research and development authority; and
21 (h) Any other provisions necessary to provide for the billing and
22 collection of on-bill repayment charges.
23 § 7. Sections 1020-ii, 1020-jj and 1020-kk of the public authorities
24 law, as renumbered by chapter 388 of the laws of 2011, are renumbered
25 sections 1020-jj, 1020-kk and 1020-ll and a new section 1020-ii is added
26 to read as follows:
27 § 1020-ii. Commercial on-bill repayment. 1. Within three hundred days
28 of the effective date of this section, the authority shall establish a
29 program to provide for the billing and collection of on-bill repayment
30 charges for payment of obligations of its customers to the commercial
31 on-bill repayment program established pursuant to title nine-B of arti-
32 cle eight of this chapter. Such program shall be consistent with the
33 standards set forth in section sixty-six-o of the public service law.
34 Billing and collection services under such tariffs shall commence as
35 soon as practicable after establishment of the program.
36 2. The authority may suspend its offering of the on-bill repayment
37 charge provided that the authority makes a finding that there is a
38 significant increase in arrears or utility service disconnections that
39 the authority determines is directly related to such charge, or a find-
40 ing of other good cause.
41 § 8. Section 242 of the real property law is amended by adding a new
42 subdivision 5 to read as follows:
43 5. Disclosure prior to the sale of real property to which a commercial
44 on-bill repayment charge applies. (a) Any person, firm, company, part-
45 nership or corporation offering to sell real property which is subject
46 to a commercial on-bill repayment charge pursuant to title nine-B of
47 article eight of the public authorities law shall provide written notice
48 to the prospective purchaser or the prospective purchaser's agent, stat-
49 ing as follows: "This property is subject to a commercial on-bill repay-
50 ment charge". Such notice shall also include, as an attachment, the OBR
51 agreement governing the commercial on-bill repayment obligation, includ-
52 ing any modifications thereto, a description of the clean energy
53 improvements performed, including improvements to the property, and an
54 explanation of the benefit of the commercial on-bill repayment qualified
55 clean energy services. Such notice shall be provided by the seller prior
56 to accepting a purchase offer.
S. 3941--A 10
1 (b) Any prospective or actual purchaser who has suffered a loss due to
2 a violation of this subdivision is entitled to recover any actual
3 damages incurred from the person offering to sell or selling said real
4 property.
5 § 9. Section 291-j of the real property law, as added by section 2 of
6 part DD of chapter 58 of the laws of 2012, is amended to read as
7 follows:
8 § 291-j. Recording of declarations by the New York state energy
9 research and development authority. 1. Pursuant to subdivision five of
10 section eighteen hundred ninety-six of the public authorities law, the
11 New York state energy research and development authority shall record or
12 cause to be recorded, in the office of the appropriate recording offi-
13 cer, a declaration evidencing the existence of a loan as described ther-
14 ein and, upon satisfaction of such loan, such authority shall file a
15 declaration of repayment and full satisfaction of the loan repayment
16 utility meter charge. The recording officer shall record such declara-
17 tions in the same book, provided under section three hundred fifteen of
18 [the real property law] this article, in which such recording officer
19 records deeds.
20 2. Pursuant to subdivision four of section nineteen hundred four of
21 the public authorities law, the New York state energy research and
22 development authority shall record or cause to be recorded, in the
23 office of the appropriate recording officer, a declaration evidencing
24 the existence of an OBR obligation as described therein and, upon satis-
25 faction of such OBR obligation, such authority shall file a declaration
26 of repayment and full satisfaction of the OBR obligation. The recording
27 officer shall record such declaration in the same book, provided under
28 section three hundred fifteen of this article, in which such recording
29 officer records deeds.
30 § 10. This act shall take effect immediately.
