STATE OF NEW YORK
________________________________________________________________________
8237
2025-2026 Regular Sessions
IN SENATE
May 27, 2025
___________
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:
1 Section 1. Subparagraph (ii) of paragraph (b) of subdivision 2 of
2 section 1896 of the public authorities law, as amended by chapter 388 of
3 the laws of 2011, is amended to read as follows:
4 (ii) loans shall not exceed thirteen thousand dollars per applicant
5 for approved qualified energy efficiency services for residential struc-
6 tures, and twenty-six thousand dollars per applicant for approved quali-
7 fied energy efficiency services for non-residential structures,
8 provided, however, that the authority may permit a loan in excess of
9 such amounts if the total cost of energy efficiency measures financed by
10 such loan will [achieve] include a payback period [of fifteen years or
11 less] which does not exceed the useful life of the energy efficiency
12 measures installed, but in no event shall any such loan exceed [twenty-
13 five] fifty thousand dollars per applicant for residential structures
14 and fifty thousand dollars per applicant for non-residential structures;
15 and for multi-family structures loans shall be in amounts determined by
16 the authority, provided, however, that the authority shall assure that a
17 significant number of residential structures are included in the
18 program;
19 § 2. Paragraph (a) of subdivision 5 of section 1896 of the public
20 authorities law, as added by section 1 of part DD of chapter 58 of the
21 laws of 2012, is amended to read as follows:
22 (a) For each loan issued for qualified energy efficiency services that
23 is to be repaid through an on-bill recovery mechanism[, the New York
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09947-01-5
S. 8237 2
1 state energy research and development authority shall record, pursuant
2 to article nine of the real property law, in the office of the appropri-
3 ate recording officer, a declaration with respect to the property
4 improved by such services of the existence of the loan and stating the
5 total amount of the loan, the term of the loan, and that the loan is
6 being repaid] through a charge on an electric or gas meter associated
7 with the property, the on-bill recovery loan agreement shall allow for
8 the purchaser or transferee to agree through written express assumption
9 provided in accordance with the terms of the on-bill recovery loan that
10 they are responsible for future on-bill recovery charges, and in the
11 absence of such written express assumption, the original seller,
12 transferor, or current loan holder of the subject property shall contin-
13 ue to be responsible for payment of such remaining charges through
14 direct billing and payment to the authority, or its agent. [The decla-
15 ration shall further state that it is being filed pursuant to this
16 section and, unless fully satisfied prior to sale or transfer of the
17 property, the loan repayment utility meter charge shall survive changes
18 in ownership, tenancy, or meter account responsibility and, until fully
19 satisfied, shall constitute the obligation of the person responsible for
20 the meter account. Such declaration shall not constitute a mortgage and
21 shall not create any security interest or lien on the property. Upon
22 satisfaction of the loan, the authority shall file a declaration of
23 repayment pursuant to article nine of the real property law.]
24 § 3. Paragraph (d) of subdivision 2 of section 66-m of the public
25 service law, as added by chapter 388 of the laws of 2011, is amended to
26 read as follows:
27 (d) unless fully satisfied prior to sale or transfer, that (i) the
28 on-bill recovery charges for any services provided at the customer's
29 premises shall survive changes in ownership, tenancy or meter account
30 responsibility if the New York state energy research and development
31 authority shall have recorded a declaration pursuant to article nine of
32 the real property law with respect to such property for the existence of
33 an on-bill recovery loan, and (ii) that arrears in on-bill recovery
34 charges at the time of account closure or meter transfer shall remain
35 the responsibility of the incurring customer, unless expressly assumed
36 by a subsequent purchaser of the property subject to such charges;
37 § 4. Paragraph (a) of subdivision 4 of section 242 of the real proper-
38 ty law, as added by chapter 388 of the laws of 2011, is amended to read
39 as follows:
40 (a) Any person, firm, company, partnership or corporation offering to
41 sell real property which is subject to a green jobs-green New York
42 on-bill recovery charge pursuant to title nine-A of article eight of the
43 public authorities law and which provides that such charge shall survive
44 changes in ownership, tenancy or meter account responsibility if not
45 fully satisfied prior to sale or transfer, shall provide written notice
46 to the prospective purchaser or the prospective purchaser's agent, stat-
47 ing as follows: "This property is subject to a green jobs-green New York
48 on-bill recovery charge". Such notice shall also state the total amount
49 of the original charge, the payment schedule and the approximate remain-
50 ing balance, a description of the energy efficiency services performed,
51 including improvements to the property, and an explanation of the bene-
52 fit of the green jobs-green New York qualified energy efficiency
53 services. Such notice shall be provided by the seller prior to accepting
54 a purchase offer; provided that such notice is not necessary if the loan
55 agreement provides that upon sale or transfer of the subject property
56 the purchaser or transferee is only responsible for on-bill recovery
S. 8237 3
1 charges after sale or transfer if they agree through written express
2 assumption provided in accordance with the terms of the on-bill recovery
3 loan agreement, and in the absence of such assumption, the original
4 seller, transferor, or current loan holder of the subject property shall
5 be responsible for payment of such remaining charges through direct
6 billing and payment to the New York state energy research and develop-
7 ment authority, or its agent.
8 § 5. This act shall take effect immediately.
