S T A T E   O F   N E W   Y O R K
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                                  11427

                          I N  A S S E M B L Y

                              June 11, 2010
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Cahill) --
  read once and referred to the Committee on Energy

AN ACT to amend the public service law, the public authorities law,  and
  the  real  property  law,  in  relation  to  green jobs-green New York
  on-bill financing

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  2 of the public service law is amended by adding
three new subdivisions 28, 29 and 30 to read as follows:
  28. THE TERM "CAPITAL IMPROVEMENTS  AND  FIXTURES  TO  PROMOTE  ENERGY
EFFICIENCY,"  WHEN  USED  IN THIS CHAPTER, MEANS REPAIRS AND UPGRADES TO
BUILDINGS, BUILDING SYSTEMS,  FIXTURES  AND  MAJOR  APPLIANCES  FOR  THE
PURPOSE  OF  REDUCING THE CONSUMPTION OF ELECTRICITY, GAS, OIL AND OTHER
FUELS, AS DEEMED ELIGIBLE UNDER THE GREEN JOBS-GREEN NEW YORK PROGRAM BY
THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY.
  29. THE TERM "GREEN JOBS-GREEN NEW YORK ON-BILL CHARGE," WHEN USED  IN
THIS  CHAPTER, MEANS A CHARGE APPEARING ON THE MONTHLY UTILITY BILL OF A
UTILITY CUSTOMER WHO ELECTS TO PARTICIPATE IN THE GREEN  JOBS-GREEN  NEW
YORK  PROGRAM  AND  TO  FINANCE  CAPITAL IMPROVEMENTS UNDER THAT PROGRAM
THROUGH SUCH A CHARGE.
  30. THE TERM "NYSERDA," WHEN USED IN THIS CHAPTER, MEANS THE NEW  YORK
STATE  ENERGY  RESEARCH  AND  DEVELOPMENT AUTHORITY, PURSUANT TO SECTION
EIGHTEEN HUNDRED FIFTY-TWO OF THE PUBLIC AUTHORITIES LAW.
  S 2. Paragraph (a) of subdivision  2  of  section  32  of  the  public
service  law, as added by chapter 713 of the laws of 1981, is amended to
read as follows:
  (a) fails to pay charges for any service rendered during the preceding
twelve months, INCLUDING ANY GREEN JOBS-GREEN NEW YORK  ON-BILL  CHARGE,
provided  however  that  the  commission  by  regulations may permit the
termination of service for bills due for service rendered during periods
in excess of twelve months where (i) there was a  dispute  between  such
person  and  the utility corporation or municipality concerning the bill
during the twelve month period, (ii) delays in termination are  not  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16655-04-0
              

A. 11427                            2

fault of the utility or were due to the culpable conduct of such person,
or (iii) such bills are necessary to adjust estimated bills; or
  S  3.  Paragraph  (b)  of  subdivision 6 of section 18-a of the public
service law, as added by section 4 of part NN of chapter 59 of the  laws
of 2009, is amended to read as follows:
  (b)  The  temporary  state  energy  and  utility  service conservation
assessment shall be equal to two percentum of the utility entity's gross
operating revenues derived from intrastate  utility  operations  in  the
last preceding calendar year, minus the amount, if any, that such utili-
ty  entity  is  assessed  pursuant  to  subdivisions one and two of this
section for the corresponding state fiscal year period. With respect  to
the  Long Island power authority, the temporary state energy and utility
service conservation assessment shall be equal to one percentum of  such
authority's  gross  operating  revenues  derived from intrastate utility
operations in the last preceding  calendar  year.  THE  TEMPORARY  STATE
ENERGY  AND UTILITY SERVICE CONSERVATION ASSESSMENT SHALL NOT BE APPLIED
TO THE GREEN JOBS-GREEN NEW YORK ON-BILL  CHARGE  BILLED  AND  COLLECTED
PURSUANT  TO  SECTION  SIXTY-SIX-M  OF  THIS  CHAPTER. No corporation or
person subject to the jurisdiction of the commission only  with  respect
to  safety,  or  the  power authority of the state of New York, shall be
subject to the temporary state energy and utility  service  conservation
assessment  provided  for under this subdivision. Utility entities whose
gross operating revenues from intrastate  utility  operations  are  five
hundred  thousand  dollars  or less in the preceding calendar year shall
not be subject to the temporary state energy and utility service conser-
vation assessment.  The  minimum  temporary  state  energy  and  utility
service conservation assessment to be billed to any utility entity whose
gross  revenues from intrastate utility operations are in excess of five
hundred thousand dollars in the preceding calendar  year  shall  be  two
hundred dollars.
  S  4.    Subdivision  6  of  section  65 of the public service law, as
amended by chapter 713 of the laws of 1981 and paragraph (b-1) as  added
by chapter 534 of the laws of 1982, is amended to read as follows:
  6.  Service charges prohibited. Every gas corporation shall charge for
gas supplied a fair and reasonable price. No such corporation shall make
or impose an additional charge or fee for service or for  the  installa-
tion  of  apparatus  or  the  use  of apparatus installed, except that a
charge may be made:
  (a) where entry, inspection or examination as authorized  by  subdivi-
sion nine of this section is denied;
  (b)  for  reconnecting  the  service to a person or corporation if the
service to such person or corporation was  disconnected,  in  accordance
with  applicable  legal  requirements,  for  non-payment  of  bills  for
service; [or]
  (b-1) for expenses reasonably incurred as determined by the commission
in cases of meter tampering and theft of service.  Such  expenses  shall
include, but not be limited to, the cost of investigating, repairing and
replacing  meters and pipes, and the cost of moving a meter and install-
ing it in a secure location[.];
  (c) for a remote meter reading device upon the request and consent  of
the customer; OR
  (D) FOR CAPITAL IMPROVEMENTS AND FIXTURES TO PROMOTE ENERGY EFFICIENCY
PURSUANT  TO THE PROGRAM ESTABLISHED IN PARAGRAPH (D) OF SUBDIVISION ONE
OF SECTION EIGHTEEN HUNDRED NINETY-FOUR OF THE PUBLIC AUTHORITIES LAW.
  S 5. The public service law is amended by adding a new section 66-m to
read as follows:

A. 11427                            3

  S 66-M. GREEN JOBS-GREEN NEW YORK ON-BILL CHARGE.  1.  THE  COMMISSION
SHALL  REQUIRE  ELECTRIC AND GAS CORPORATIONS TO FILE TARIFFS TO PROVIDE
FOR THE BILLING AND COLLECTION OF  GREEN  JOBS-GREEN  NEW  YORK  ON-BILL
CHARGES UTILIZED TO COLLECT PAYMENT OF OBLIGATIONS TO THE NYSERDA RETRO-
FIT   INVESTMENT   FUND  THAT  CUSTOMERS  UNDERTAKE  THROUGH  THE  GREEN
JOBS-GREEN NEW YORK PROGRAM "PROGRAM",  ESTABLISHED  PURSUANT  TO  TITLE
NINE-A  OF ARTICLE EIGHT OF THE PUBLIC AUTHORITIES LAW. ELECTRIC AND GAS
CORPORATIONS SHALL SEEK FUNDING OPPORTUNITIES PROVIDED UNDER THE  AMERI-
CAN RECOVERY AND REINVESTMENT ACT OF TWO THOUSAND NINE TO FUND OR OFFSET
COSTS  ASSOCIATED WITH IMPLEMENTING THE PROGRAM. ELECTRIC AND GAS CORPO-
RATIONS SHALL UTILIZE EXISTING ELECTRONIC DATA  INTERCHANGE  INFRASTRUC-
TURE  OR OTHER EXISTING BILLING INFRASTRUCTURE TO IMPLEMENT THE PROGRAM.
ELECTRIC AND GAS CORPORATIONS WILL BE PERMITTED TO DEFER  THE  COSTS  OF
ANY  NECESSARY  AND  PRUDENT ELECTRONIC DATA INTERCHANGE IMPROVEMENTS TO
EACH SUCH CORPORATION'S NEXT RATE CASE.
  (A) THE COMMISSION SHALL WITHIN FIFTEEN DAYS OF THE EFFECTIVE DATE  OF
THIS  SECTION  REQUIRE ALL GAS CORPORATIONS TO FILE TARIFFS TO IMPLEMENT
THE PROGRAM  FOR  ALL  RESIDENTIAL  CUSTOMERS  WITHIN  THEIR  RESPECTIVE
SERVICE  TERRITORIES  AND ISSUE A NOTICE OF PROPOSED RULE-MAKING ON SUCH
TARIFFS. THE COMMISSION SHALL ACT EXPEDITIOUSLY, WITHIN THE MINIMUM TIME
PERIOD CONSISTENT WITH THE  REQUIREMENTS  OF  THE  STATE  ADMINISTRATIVE
PROCEDURE  ACT, TO ISSUE A FINAL DECISION REGARDING THE GREEN JOBS-GREEN
NEW YORK TARIFFS.
  (B) THE COMMISSION SHALL WITHIN SIX MONTHS OF THE  EFFECTIVE  DATE  OF
THIS  SECTION  REQUIRE  THAT  ALL  ELECTRIC CORPORATIONS FILE TARIFFS TO
IMPLEMENT THE PROGRAM FOR ALL RESIDENTIAL CUSTOMERS WITHIN THEIR RESPEC-
TIVE SERVICE TERRITORIES AND ISSUE A NOTICE OF PROPOSED RULE-MAKING. THE
COMMISSION SHALL ACT  EXPEDITIOUSLY,  WITHIN  THE  MINIMUM  TIME  PERIOD
CONSISTENT  WITH  THE REQUIREMENTS OF THE STATE ADMINISTRATIVE PROCEDURE
ACT, TO ISSUE A FINAL DECISION REGARDING THE GREEN JOBS-GREEN  NEW  YORK
TARIFFS.
  2. THE TARIFFS SHALL PROVIDE:
  (A)  THAT  FULL  ACCESS TO THE BENEFITS OF THE PROGRAM BE AVAILABLE TO
ALL CUSTOMERS THAT MEET STANDARDS FOR RELIABLE UTILITY BILL PAYMENT  AND
CURRENT  GOOD  STANDING  ON  ANY MORTGAGE OBLIGATIONS ON THE PREMISES AS
DETERMINED BY NYSERDA IN ITS CAPACITY AS MANAGER OF THE RETROFIT INVEST-
MENT FUND, AND WHO HOLD PRIMARY OWNERSHIP OR REPRESENT THE PRIMARY OWNER
OR OWNERS OF ALL METERS TO WHICH  AN  ON-BILL  REPAYMENT  OBLIGATION  IS
ATTACHED.
  (B)  THAT  THE  GREEN  JOBS-GREEN  NEW  YORK  ON-BILL  CHARGES FOR ANY
SERVICES PROVIDED AT THE CUSTOMER'S PREMISES SURVIVE CHANGES  IN  OWNER-
SHIP,  TENANCY,  OR UTILITY ACCOUNT RESPONSIBILITY, WITH ARREARS AT TIME
OF METER ACCOUNT CLOSURE OR METER TRANSFER REMAINING THE  RESPONSIBILITY
OF THE INCURRING CUSTOMER.
  (C)  FOR THE DISCONNECTION OF SERVICE FOR NON-PAYMENT OF PROGRAM OBLI-
GATIONS, SUBJECT TO REQUIREMENTS OF ARTICLE TWO OF THIS CHAPTER.
  (D) THAT ELECTRIC AND GAS CORPORATIONS SHALL ONLY BE  RESPONSIBLE  FOR
BILLING  AND COLLECTION OF GREEN JOBS-GREEN NEW YORK ON-BILL CHARGES FOR
SPECIFIC CUSTOMERS IN THE AMOUNTS AND TIME PERIODS DIRECTED BY  NYSERDA,
AND FOR SUCCESSOR CUSTOMERS AT THE SAME PREMISES, WHEN ADVISED BY NYSER-
DA THAT:
  (I)  THE SPECIFIC CUSTOMER HAS ENTERED INTO A WRITTEN REPAYMENT AGREE-
MENT WITH NYSERDA TO PAY SUCH AMOUNTS FOR SUCH TIME PERIODS.
  (II) THE REPAYMENT AGREEMENT IS  CONSISTENT  WITH  THE  PROVISIONS  OF
TITLE  NINE-A  OF  ARTICLE  EIGHT OF THE PUBLIC AUTHORITIES LAW AND WITH
REGULATIONS PROMULGATED PURSUANT TO SUCH TITLE.

A. 11427                            4

  (III) THE PROGRAM INCLUDES A SUBSTANTIVE PLAN TO PROVIDE FOR  CUSTOMER
SERVICE AND RESOLUTION OF CUSTOMER COMPLAINTS, AND TO ACCOUNT FOR DELAYS
AND DEFAULTS IN CUSTOMER PAYMENTS.
  (E) THAT THE UTILITY'S OBLIGATION TO COLLECT GREEN JOBS-GREEN NEW YORK
CUSTOMER REPAYMENTS DOES NOT RESTRICT THE UTILITY'S DISCRETION TO ESTAB-
LISH THE TERMS OF DEFERRED PAYMENT AGREEMENTS OR TO DEFER TERMINATION OF
SERVICE FOR DELINQUENT CUSTOMERS.
  (F) THAT UNDERPAYMENTS OF BILLS BY CUSTOMERS WITH GREEN JOBS-GREEN NEW
YORK  ON-BILL  CHARGES SHALL BE APPORTIONED BETWEEN THE GREEN JOBS-GREEN
NEW YORK ON-BILL CHARGES AND ALL OTHER CHARGES ON  THE  BILL,  WITH  THE
PERCENTAGE  OF  THE UNDERPAYMENT APPORTIONED TO THE GREEN JOBS-GREEN NEW
YORK ON-BILL CHARGE EQUAL TO THE PERCENTAGE  THE  GREEN  JOBS-GREEN  NEW
YORK  ON-BILL  CHARGE  REPRESENTS  OF THE TOTAL BILL. THAT WITH CUSTOMER
CONSENT, THE UTILITY SHALL  PROVIDE  PRIOR  YEAR  CUSTOMER  BILLING  AND
CONSUMPTION  DATA  TO  NYSERDA.  IN  CASES WHERE CUSTOMER CONSENT IS NOT
OBTAINED, THE UTILITY MAY  PROVIDE  AGGREGATE  CENSUS  TRACT  DATA  THAT
INCLUDES THE CUSTOMER'S ADDRESS.
  (G)  THAT  NYSERDA  SHALL  BE  RESPONSIBLE  FOR  THE RESOLUTION OF ANY
CUSTOMER COMPLAINTS REGARDING WORK PERFORMED PURSUANT TO THE PROGRAM AND
THE DETERMINATION OF WHETHER GREEN JOBS-GREEN NEW YORK  ON-BILL  CHARGES
SHOULD BE MODIFIED.
  (H)  THAT UTILITIES WILL PROVIDE ON THE CUSTOMER'S BILL AN EXPLANATION
OF THE BENEFIT OF THE GREEN JOBS-GREEN NEW YORK RETROFIT THAT INCLUDES A
CALCULATION OF THE AVOIDED COST OF FUEL BASED ON NYSERDA'S PROJECTION OF
SAVINGS OVER PRIOR USAGE ASSOCIATED WITH THE RETROFIT, THE CURRENT  UNIT
COST OF THE UTILITY FUEL, AND AN EXPLANATION THAT BILL LEVELS VARY BASED
ON  ACTUAL  USAGE  EVEN WHEN HOMES ARE UPGRADED TO USE ENERGY MORE EFFI-
CIENTLY.
  (I) THAT UTILITIES WILL INFORM CUSTOMERS AT THE TIME OF ACCOUNT  OPEN-
ING  AND AT LEAST ANNUALLY OF THE AMOUNT AND DURATION OF ANY GREEN JOBS-
GREEN NEW YORK ON-BILL CHARGES AT THE PREMISES FOR PREVIOUSLY  INSTALLED
ENERGY  EFFICIENCY  MEASURES, INCLUDING NYSERDA PROCEDURES FOR DISPUTING
SUCH CHARGES.
  (J) THAT  FOR  CUSTOMERS  WITH  A  LEVELIZED  BILLING  PLAN,  A  GREEN
JOBS-GREEN NEW YORK RETROFIT SHALL TRIGGER AN IMMEDIATE RECALCULATION OF
MONTHLY PAYMENTS UNDER SUCH PLAN, BASED ON NYSERDA PROJECTIONS OF ENERGY
SAVINGS  RESULTING  FROM  THE  INSTALLED  MEASURES  AND EFFECTIVE ON THE
CUSTOMER'S FIRST BILL WITHIN SIXTY DAYS OF COMPLETION OF THE RETROFIT.
  (K) THAT UTILITIES SHALL OFFER DEFERRED PAYMENT  AGREEMENTS  TO  GREEN
JOBS-GREEN  NEW  YORK CUSTOMERS ON THE SAME TERMS AS TO OTHER CUSTOMERS,
REGARDLESS OF THE APPORTIONMENT OF COLLECTED PAYMENTS  TO  BOTH  UTILITY
AND GREEN JOBS-GREEN NEW YORK CHARGES.
  (L)  THAT  UTILITIES  MAY SIMULTANEOUSLY OFFER TO GREEN JOBS-GREEN NEW
YORK ON-BILL REPAYMENT CUSTOMERS ANY AVAILABLE  REBATES  FOR  INDIVIDUAL
RETROFIT  MEASURES, REGARDLESS OF WHETHER SUCH MEASURES ARE PERFORMED IN
THE COURSE OF A GREEN JOBS-GREEN NEW YORK RETROFIT.
  S 6. Paragraph (d) of subdivision 1 of  section  1894  of  the  public
authorities law, as added by chapter 487 of the laws of 2009, is amended
and a new paragraph (e) is added to subdivision 1 to read as follows:
  (d)   organized  trades  and  their  certification  or  apprenticeship
programs.  The authority shall specifically  solicit  applications  that
propose  to  demonstrate  the  feasibility of innovative financing mech-
anisms, including but not limited to applications undertaken in partner-
ship with distribution utilities that propose to demonstrate the  feasi-
bility  of  on-bill  financing.  The public service commission and other
appropriate agencies are authorized to coordinate with the authority and

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applicants in developing and  implementing  proposed  demonstrations  of
innovative  financing  mechanisms.  AN  ON-BILL  FINANCING MECHANISM FOR
INSTALLATION OF ENERGY EFFICIENCY MEASURES  AND  IMPROVEMENTS  SHALL  BE
ESTABLISHED AS FOLLOWS:
  (1)  GREEN  JOBS-GREEN  NEW  YORK PROGRAM "PROGRAM" RETROFITS SHALL BE
PERFORMED IN  ACCORDANCE  WITH  RESEARCH-BASED,  INDUSTRY  STANDARDS  AS
DETERMINED BY THE AUTHORITY;
  (2)  PERFORMANCE OF RETROFIT WORK SHALL MEET STANDARDS FOR CONTRACTING
AS DETERMINED BY THE AUTHORITY;
  (3) THE AUTHORITY SHALL ONLY PROVIDE ON-BILL FINANCING FOR PACKAGES OF
ENERGY EFFICIENCY MEASURES THAT  IT  DETERMINES  TO  BE  COST-EFFECTIVE.
PACKAGES  OF  ENERGY  EFFICIENCY MEASURES SHALL BE DEEMED COST-EFFECTIVE
IF:
  (A) BASED UPON THE MOST RECENT CUSTOMER DATA AVAILABLE, ON AN  ANNUAL-
IZED  BASIS  THE MONTHLY ON-BILL REPAYMENT AMOUNT FOR A PACKAGE OF MEAS-
URES DOES NOT EXCEED ONE-TWELFTH OF THE SAVINGS PROJECTED TO RESULT FROM
THOSE MEASURES; AND
  (B) THE SAVINGS PROJECTIONS  ARE  BASED  UPON  STANDARDS  SET  BY  THE
AUTHORITY AND THE ESTABLISHED CALCULATIONS FOR PROJECTING ENERGY SAVINGS
DURING  AN ENERGY AUDIT ARE ADJUSTED BY THE AUTHORITY NO LESS THAN BIAN-
NUALLY USING DATA FROM AUTHORITY EXPERIENCE WITH ITS  ENERGY  EFFICIENCY
PROGRAMS AND OTHER COMPARABLE PROGRAMS;
  A PORTION OF THE SAVINGS ACHIEVED BY THE RETROFIT, NOT NECESSARILY ALL
SAVINGS, WILL BE SAVINGS ON THE BILL PROVIDED BY THE UTILITY BILLING AND
COLLECTING THE MONTHLY ON-BILL REPAYMENT;
  (4)  THE  ON-BILL  REPAYMENT PERIOD IS LIMITED SO THAT THE CUSTOMER IS
NOT PAYING FOR MEASURES FOR WHICH THE USEFUL LIFE HAS EXPIRED;
  (5) COST-EFFECTIVE RETROFITS SHALL NOT BE  LIMITED  TO  MEASURES  THAT
SAVE  ON THE FUEL DELIVERED BY THE UTILITY THAT IS PROVIDING THE BILLING
AND COLLECTION SERVICES; AND
  (6) CALCULATIONS OF  COST-EFFECTIVENESS  WITH  USE  PRICES  REASONABLY
AVAILABLE  TO  THE CUSTOMER, AND COSTS AND SAVINGS TO PARTIES OTHER THAN
THE CUSTOMER WILL NOT BE USED TO DETERMINE COST-EFFECTIVENESS.
  (E) FOR DETERMINING THE  COST-EFFECTIVENESS  OF  THE  PROGRAM,  CALCU-
LATIONS  SHALL  CONSIST  OF  PROGRAM EXPENDITURES SUCH AS ADMINISTRATIVE
COSTS, INTEREST SUBSIDIES,  MARKETING,  AND  OTHER  COSTS  EXCLUSIVE  OF
CUSTOMER  PAYMENTS,  AS COMPARED WITH THE VALUE OF SOCIETAL AND ENVIRON-
MENTAL BENEFITS, SUCH AS POLLUTION AVOIDED, JOBS CREATED, ENERGY  SAVED,
IMPROVED NATIONAL SECURITY AND OTHER SOCIETAL BENEFITS.
  S 7. Section 1005 of the public authorities law is amended by adding a
new subdivision 17 to read as follows:
  17.  TO  PROVIDE  ITS MUNICIPAL CUSTOMERS WITH ACCESS TO FINANCING FOR
ENERGY EFFICIENCY  CAPITAL  IMPROVEMENTS,  BY  ESTABLISHING  AN  ON-BILL
FINANCING  MECHANISM  FOR INSTALLATION OF ENERGY EFFICIENCY MEASURES AND
IMPROVEMENTS IN COOPERATION WITH THE NEW YORK STATE ENERGY RESEARCH  AND
DEVELOPMENT   AUTHORITY'S   ("NYSERDA")   IMPLEMENTATION  OF  THE  GREEN
JOBS-GREEN NEW YORK PROGRAM PURSUANT TO NYSERDA'S AUTHORITY UNDER  TITLE
NINE-A OF ARTICLE EIGHT OF THIS CHAPTER. THE ON-BILL FINANCING MECHANISM
SHALL BE ESTABLISHED AS FOLLOWS:
  (A)  GREEN  JOBS-GREEN  NEW  YORK PROGRAM "PROGRAM" RETROFITS SHALL BE
PERFORMED IN  ACCORDANCE  WITH  RESEARCH-BASED,  INDUSTRY  STANDARDS  AS
DETERMINED BY THE AUTHORITY;
  (B)  PERFORMANCE OF RETROFIT WORK SHALL MEET STANDARDS FOR CONTRACTING
AS DETERMINED BY THE AUTHORITY;
  (C) THE AUTHORITY SHALL ONLY PROVIDE ON-BILL FINANCING FOR PACKAGES OF
ENERGY EFFICIENCY MEASURES THAT  IT  DETERMINES  TO  BE  COST-EFFECTIVE.

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PACKAGES  OF  ENERGY  EFFICIENCY MEASURES SHALL BE DEEMED COST-EFFECTIVE
IF:
  (1)  BASED UPON THE MOST RECENT CUSTOMER DATA AVAILABLE, ON AN ANNUAL-
IZED BASIS THE MONTHLY ON-BILL REPAYMENT AMOUNT FOR A PACKAGE  OF  MEAS-
URES DOES NOT EXCEED ONE-TWELFTH OF THE SAVINGS PROJECTED TO RESULT FROM
THOSE MEASURES; AND
  (2)  THE  SAVINGS  PROJECTIONS  ARE  BASED  UPON  STANDARDS SET BY THE
AUTHORITY AND THE ESTABLISHED CALCULATIONS FOR PROJECTING ENERGY SAVINGS
DURING AN ENERGY AUDIT ARE ADJUSTED BY THE AUTHORITY NO LESS THAN  BIAN-
NUALLY  USING  DATA FROM AUTHORITY EXPERIENCE WITH ITS ENERGY EFFICIENCY
PROGRAMS AND OTHER COMPARABLE PROGRAMS;
  (D) A PORTION OF THE SAVINGS ACHIEVED BY THE RETROFIT, NOT NECESSARILY
ALL SAVINGS, WILL BE SAVINGS ON THE BILL PROVIDED BY  THE  AUTHORITY  OR
OTHER ENTITY BILLING AND COLLECTING THE MONTHLY ON-BILL REPAYMENT;
  (E)  THE  ON-BILL  REPAYMENT PERIOD IS LIMITED SO THAT THE CUSTOMER IS
NOT PAYING FOR MEASURES FOR WHICH THE USEFUL LIFE HAS EXPIRED;
  (F) COST-EFFECTIVE RETROFITS SHALL NOT BE  LIMITED  TO  MEASURES  THAT
SAVE  ON  THE  FUEL DELIVERED BY THE AUTHORITY OR OTHER ENTITY PROVIDING
THE BILLING AND COLLECTION SERVICES; AND
  (G) IN TESTS OF COST-EFFECTIVENESS, CALCULATIONS OF COSTS AND  SAVINGS
WILL  USE  PRICES  REASONABLY  AVAILABLE  TO THE CUSTOMER, AND COSTS AND
SAVINGS TO PARTIES OTHER THAN THE CUSTOMER WILL NOT BE USED TO DETERMINE
COST-EFFECTIVENESS.
  (H) MUNICIPAL UTILITIES PROVIDING THIS SERVICE SHALL ADHERE TO CONSUM-
ER PROTECTION PROVISIONS PURSUANT TO ARTICLE TWO OF THE  PUBLIC  SERVICE
LAW.
  (I)  STANDARDS  FOR  THE BILLING, COLLECTION AND CONDITIONS OF SERVICE
RELATED TO GREEN JOBS-GREEN NEW YORK REPAYMENTS WILL ADHERE TO THE STAN-
DARDS ESTABLISHED IN SUBDIVISION  TWO  OF  SECTION  SIXTY-SIX-M  OF  THE
PUBLIC SERVICE LAW.
  (J)  THE  AUTHORITY  SHALL  ESTABLISH SUCH ON-BILL FINANCING MECHANISM
WITHIN SIXTY DAYS OF THE EFFECTIVE DATE OF THIS SUBDIVISION.
  S 8. Sections 1020-hh, 1020-ii and 1020-jj of the  public  authorities
law, such sections as renumbered by chapter 433 of the laws of 2009, are
renumbered  sections  1020-ii,  1020-jj  and  1020-kk, and a new section
1020-hh is added to read as follows:
  S 1020-HH. GREEN JOBS-GREEN NEW  YORK  PROGRAM.  THE  AUTHORITY  SHALL
PROVIDE  ITS  CUSTOMERS  WITH  ACCESS TO FINANCING FOR ENERGY EFFICIENCY
CAPITAL IMPROVEMENTS, BY ESTABLISHING AN ON-BILL FINANCING MECHANISM FOR
INSTALLATION OF ENERGY EFFICIENCY MEASURES AND IMPROVEMENTS  IN  COOPER-
ATION  WITH  THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORI-
TY'S ("NYSERDA") IMPLEMENTATION OF THE GREEN JOBS-GREEN NEW YORK PROGRAM
PURSUANT TO NYSERDA'S AUTHORITY UNDER TITLE NINE-A OF ARTICLE  EIGHT  OF
THIS  CHAPTER.   THE ON-BILL FINANCING MECHANISM SHALL BE ESTABLISHED AS
FOLLOWS:
  (A) GREEN JOBS-GREEN NEW YORK PROGRAM  "PROGRAM"  RETROFITS  SHALL  BE
PERFORMED  IN  ACCORDANCE  WITH  RESEARCH-BASED,  INDUSTRY  STANDARDS AS
DETERMINED BY THE AUTHORITY;
  (B) PERFORMANCE OF RETROFIT WORK SHALL MEET STANDARDS FOR  CONTRACTING
AS DETERMINED BY THE AUTHORITY;
  (C) THE AUTHORITY SHALL ONLY PROVIDE ON-BILL FINANCING FOR PACKAGES OF
ENERGY  EFFICIENCY  MEASURES  THAT  IT  DETERMINES TO BE COST-EFFECTIVE.
PACKAGES OF ENERGY EFFICIENCY MEASURES SHALL  BE  DEEMED  COST-EFFECTIVE
IF:
  (1)  BASED UPON THE MOST RECENT CUSTOMER DATA AVAILABLE, ON AN ANNUAL-
IZED BASIS THE MONTHLY ON-BILL REPAYMENT AMOUNT FOR A PACKAGE  OF  MEAS-

A. 11427                            7

URES DOES NOT EXCEED ONE-TWELFTH OF THE SAVINGS PROJECTED TO RESULT FROM
THOSE MEASURES; AND THE SAVINGS PROJECTIONS ARE BASED UPON STANDARDS SET
BY  THE AUTHORITY AND THE ESTABLISHED CALCULATIONS FOR PROJECTING ENERGY
SAVINGS  DURING  AN  ENERGY  AUDIT ARE ADJUSTED BY THE AUTHORITY NO LESS
THAN BIANNUALLY USING DATA FROM AUTHORITY  EXPERIENCE  WITH  ITS  ENERGY
EFFICIENCY PROGRAMS AND OTHER COMPARABLE PROGRAMS;
  (2) A PORTION OF THE SAVINGS ACHIEVED BY THE RETROFIT, NOT NECESSARILY
ALL  SAVINGS,  WILL  BE SAVINGS ON THE BILL PROVIDED BY THE AUTHORITY OR
OTHER ENTITY BILLING AND COLLECTING THE MONTHLY ON-BILL REPAYMENT;
  (3) THE ON-BILL REPAYMENT PERIOD IS LIMITED SO THAT  THE  CUSTOMER  IS
NOT PAYING FOR MEASURES FOR WHICH THE USEFUL LIFE HAS EXPIRED;
  (4)  COST-EFFECTIVE  RETROFITS  SHALL  NOT BE LIMITED TO MEASURES THAT
SAVE ON THE FUEL DELIVERED BY THE AUTHORITY OR  OTHER  ENTITY  PROVIDING
THE BILLING AND COLLECTION SERVICES; AND
  (5)  IN TESTS OF COST-EFFECTIVENESS, CALCULATIONS OF COSTS AND SAVINGS
WILL USE PRICES REASONABLY AVAILABLE TO  THE  CUSTOMER,  AND  COSTS  AND
SAVINGS TO PARTIES OTHER THAN THE CUSTOMER WILL NOT BE USED TO DETERMINE
COST-EFFECTIVENESS.
  (D)  STANDARDS  FOR  THE BILLING, COLLECTION AND CONDITIONS OF SERVICE
RELATED TO GREEN JOBS-GREEN NEW YORK REPAYMENTS WILL ADHERE TO THE STAN-
DARDS ESTABLISHED IN SUBDIVISION  TWO  OF  SECTION  SIXTY-SIX-M  OF  THE
PUBLIC SERVICE LAW.
  (E)  THE  AUTHORITY  SHALL  ESTABLISH SUCH ON-BILL FINANCING MECHANISM
WITHIN SIXTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION.
  S 9. Subparagraphs (ii) and (iii) of paragraph (c) of subdivision 1 of
section 1896 of the public authorities law, as added by chapter  487  of
the laws of 2009, are amended to read as follows:
  (ii)  enter  into  contracts  with one or more program implementers to
perform such functions as the authority deems appropriate; [and]
  (iii) ENTER INTO AGREEMENTS WITH CUSTOMERS  AND  WITH  SUCH  STATE  OR
FEDERAL  AGENCIES  AS  NECESSARY  TO DIRECTLY CAPTURE REBATES AND GRANTS
AVAILABLE FOR INDIVIDUAL RETROFIT PROJECTS,  AND  APPLY  SUCH  FUNDS  TO
REPAYMENT OF CUSTOMER LOAN OBLIGATIONS; AND
  (IV) exercise such other powers as are necessary for the proper admin-
istration of the program.
  S  10.  Subparagraphs (ii) and (iii) of paragraph (b) of subdivision 2
of section 1896 of the public authorities law, as added by  chapter  487
of the laws of 2009, are amended to read as follows:
  (ii)  loans [shall not exceed thirteen thousand dollars per applicant]
for approved qualified energy efficiency services for residential struc-
tures SHALL BE LIMITED TO THE COST OF A  PROJECT  DEEMED  COST-EFFECTIVE
WITHIN  A PERIOD OF FIFTEEN YEARS PLUS THE AMOUNT OF ANY GRANT OR REBATE
DIRECTLY RECEIVABLE BY THE AUTHORITY FOR SUCH  PROJECT,  and  SHALL  NOT
EXCEED  twenty-six thousand dollars per applicant for approved qualified
energy efficiency  services  for  non-residential  structures,  and  for
multi-family  structures  loans  shall  be  in amounts determined by the
authority, provided, however, that the authority  shall  assure  that  a
significant  number  of  residential  structures  are  included  in  the
program; [and]
  (iii) THE CAPITAL AMOUNT TO BE REPAID BY THE CUSTOMER SHALL BE  CALCU-
LATED  AS  THE TOTAL LOAN AMOUNT LESS ANY GRANT OR REBATE FROM ANY STATE
OR FEDERAL AGENCY DUE TO THE CUSTOMER PURSUANT TO THE RETROFIT UNDERTAK-
EN THROUGH THE PROGRAM, AND FOR WHICH NYSERDA HAS SECURED THE CUSTOMER'S
PERMISSION TO COLLECT FUNDS DIRECTLY FROM THE ISSUING AGENCY; AND

A. 11427                            8

  (IV) loans shall be at interest rates determined by the  authority  to
be no higher than necessary to make the provision of the qualified ener-
gy efficiency services feasible.
  S  11. Section 242 of the real property law is amended by adding a new
subdivision 4 to read as follows:
  4. DISCLOSURE PRIOR TO THE SALE OF REAL  PROPERTY  TO  WHICH  A  GREEN
JOBS-GREEN  NEW  YORK ON-BILL CHARGE APPLIES. ANY PERSON, FIRM, COMPANY,
PARTNERSHIP OR CORPORATION OFFERING TO SELL REAL PROPERTY  TO  WHICH  AN
ELECTRIC  OR GAS GREEN JOBS-GREEN NEW YORK ON-BILL CHARGE APPLIES PURSU-
ANT TO SECTION SIXTY-SIX-M OF THE PUBLIC SERVICE LAW SHALL PROVIDE WRIT-
TEN NOTICE TO THE PROSPECTIVE PURCHASER OR THE  PROSPECTIVE  PURCHASER'S
AGENT,  STATING  AS  FOLLOWS:    "THIS  PROPERTY  IS  SUBJECT TO A GREEN
JOBS-GREEN NEW YORK ON-BILL CHARGE." THE NOTICE SHALL BE PROVIDED  PRIOR
TO  THE  ACCEPTANCE  OF AN OFFER TO PURCHASE SUCH REAL PROPERTY AND MUST
STATE THAT THE PURCHASER MUST ACCEPT THE OBLIGATION  TO  PAY  THE  GREEN
JOBS-GREEN  NEW YORK ON-BILL CHARGE BEFORE THE SALE CAN BE COMPLETED. IN
ADDITION, SUCH NOTICE SHALL ALSO STATE THE AMOUNT, TERM, AND PURPOSE  OF
THE ON-BILL CHARGE.
  S  12.  This act shall take effect immediately; provided, however, the
amendments to subdivision 6 of section 18-a of the public  service  law,
made  by  section  three of this act shall not affect the repeal of such
subdivision and shall be deemed repealed therewith.