STATE OF NEW YORK ________________________________________________________________________ 3717 2025-2026 Regular Sessions IN ASSEMBLY January 30, 2025 ___________ Introduced by M. of A. BURKE -- read once and referred to the Committee on Corporations, Authorities and Commissions AN ACT to amend the public authorities law, the public service law, and the real property law, in relation to requiring on-bill financing be an option for certain energy efficiency services and requiring the disclosure of on-bill financing prior to the sale of real property The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public authorities law is amended by adding a new 2 section 1885 to read as follows: 3 § 1885. On-bill financing option required. Any person who offers ener- 4 gy efficiency services shall offer on-bill financing for such services. 5 § 2. Section 1851 of the public authorities law is amended by adding a 6 new subdivision 12 to read as follows: 7 12. "Energy efficiency services" means a modification to a structure 8 approved by the authority which is consistent with standards established 9 by the authority and that will increase the energy efficiency and 10 conservation of a new or existing structure, including but not limited 11 to: 12 (a) application of weatherstripping, caulking, sealant and other mate- 13 rials around doors, windows, and other areas of a building for the 14 purpose of insulating or sealing openings in the building envelope and 15 within the building to mitigate energy loss; 16 (b) testing, repairing and replacing heating or cooling systems or 17 components of such systems; 18 (c) thermostat upgrades; 19 (d) water heater repair and replacement; 20 (e) roof, chimney, fireplace and roof vent repair, insofar as such 21 repairs are determined by an energy audit to be necessary to mitigate 22 energy loss or resolve energy system related health and safety issues; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08067-01-5
A. 3717 2 1 (f) repair and replacement of storm windows, permanent windows and 2 exterior doors; 3 (g) repair or replacement of major household appliances; 4 (h) installation of thermal solar heat or hot water systems; 5 (i) addition of insulation to exterior walls or ceilings; 6 (j) replacement of inefficient light bulbs and lighting fixtures and 7 systems; 8 (k) minor repairs that are necessary to ensure maximum efficiency from 9 the provision of energy efficiency services; 10 (l) installation of carbon monoxide detectors and indoor environmental 11 testing and mitigation deemed necessary as a result of the provision of 12 other energy efficiency services; 13 (m) fuel switching to convert an electrically-heated building to a 14 more efficient heating source provided that significant energy cost-sav- 15 ings can be demonstrated pursuant to standards established by the 16 authority; 17 (n) installation of energy technologies eligible for net energy meter- 18 ing pursuant to section sixty-six-j or sixty-six-l of the public service 19 law; and 20 (o) purchase and installation of geothermal energy systems. 21 § 3. The public service law is amended by adding a new section 54 to 22 read as follows: 23 § 54. On-bill financing option required. 1. Any person, corporation, 24 or municipality who offers energy efficiency services shall offer 25 on-bill financing for such services. 26 2. For the purposes of this section, the term "energy efficiency 27 services" means a modification to a structure approved by the department 28 which is consistent with standards established by the department and 29 that will increase the energy efficiency and conservation of a new or 30 existing structure, including but not limited to: 31 (a) application of weatherstripping, caulking, sealant and other mate- 32 rials around doors, windows, and other areas of a building for the 33 purpose of insulating or sealing openings in the building envelope and 34 within the building to mitigate energy loss; 35 (b) testing, repairing and replacing heating or cooling systems or 36 components of such systems; 37 (c) thermostat upgrades; 38 (d) water heater repair and replacement; 39 (e) roof, chimney, fireplace and roof vent repair, insofar as such 40 repairs are determined by an energy audit to be necessary to mitigate 41 energy loss or resolve energy system related health and safety issues; 42 (f) repair and replacement of storm windows, permanent windows and 43 exterior doors; 44 (g) repair or replacement of major household appliances; 45 (h) installation of thermal solar heat or hot water systems; 46 (i) addition of insulation to exterior walls or ceilings; 47 (j) replacement of inefficient light bulbs and lighting fixtures and 48 systems; 49 (k) minor repairs that are necessary to ensure maximum efficiency from 50 the provision of energy efficiency services; 51 (l) installation of carbon monoxide detectors and indoor environmental 52 testing and mitigation deemed necessary as a result of the provision of 53 other energy efficiency services; 54 (m) fuel switching to convert an electrically-heated building to a 55 more efficient heating source provided that significant energy cost-sav-
A. 3717 3 1 ings can be demonstrated pursuant to standards established by the 2 department; 3 (n) installation of energy technologies eligible for net energy meter- 4 ing pursuant to section sixty-six-j or sixty-six-l of this chapter; and 5 (o) purchase and installation of geothermal energy systems. 6 § 4. Subdivision 4 of section 242 of the real property law, as added 7 by chapter 388 of the laws of 2011, is amended to read as follows: 8 4. Disclosure prior to the sale of real property to which [a green 9 jobs-green New York] on-bill [recovery charge] financing applies. (a) 10 Any person, firm, company, partnership or corporation offering to sell 11 real property which is subject to a green jobs-green New York on-bill 12 recovery charge pursuant to title nine-A of article eight of the public 13 authorities law or any other on-bill financing shall provide written 14 notice to the prospective purchaser or the prospective purchaser's 15 agent, stating as follows: "This property is subject to a green jobs- 16 green New York on-bill recovery charge or another form of on-bill 17 financing". Such notice shall also state the total amount of the 18 original charge, the payment schedule and the approximate remaining 19 balance, a description of the energy efficiency services performed, 20 including improvements to the property, [and] an explanation of the 21 benefit of the [green jobs-green New York qualified] energy efficiency 22 services, and whether such on-bill financing will continue after the 23 sale is complete or if the seller will pay off any remaining balance. 24 Such notice shall be provided by the seller prior to accepting a 25 purchase offer. 26 (b) Any prospective or actual purchaser who has suffered a loss due to 27 a violation of this subdivision is entitled to recover any actual 28 damages incurred from the person offering to sell or selling said real 29 property. 30 § 5. This act shall take effect on the first of January next succeed- 31 ing the date on which it shall have become a law. Effective immediately, 32 the addition, amendment and/or repeal of any rule or regulation neces- 33 sary for the implementation of this act on its effective date are 34 authorized to be made and completed on or before such effective date.