S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9746
 
                           I N  A S S E M B L Y
 
                               April 3, 2024
                                ___________
 
 Introduced by M. of A. CONRAD -- read once and referred to the Committee
   on Energy
 
 AN  ACT  to  amend  the  public service law, in relation to enacting the
   "home utility weatherization jobs act"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "home utility weatherization jobs act".
   § 2. Legislative  findings  and  intent.  The  legislature  finds  and
 declares that:
   (a)  The  Climate  Leadership  and  Community  Protection  Act (CLCPA)
 requires significant reductions in greenhouse gas emissions, including a
 40% reduction in statewide greenhouse gas emissions by 2030 and  an  85%
 reduction in statewide greenhouse gas emissions by 2050;
   (b)  The  Climate  Action  Council  Final Scoping Plan (Plan) deems it
 essential that buildings make significant investments  in  energy  effi-
 ciency, and the Plan's integration analysis demonstrates that widespread
 improvements  to  building  envelope  will reduce energy demand from the
 building sector by 30% to 50% by 2050;
   (c) Energy efficiency is and will continue to be a key  and  necessary
 component  of achieving the CLCPA's greenhouse gas emissions targets and
 has proven to be one of the most cost-effective strategies available;
   (d) Weatherization efforts that prioritize a  whole-building  approach
 to  reducing  energy  needs,  such as through building envelope enhance-
 ments, are an effective way to reduce greenhouse gas emissions while  at
 the  same time facilitating further emissions reduction measures such as
 full electrification or hybrid heating systems by reducing heating load;
   (e) Improving the integrity of the building envelope through  upgrades
 or retrofits may result in deep energy savings;
   (f)  While existing energy efficiency programs administered by the New
 York state energy research and development authority are  available  for
 low-  to  moderate-income (LMI) customers, there are some gaps in cover-
 age, including LMI tenants who do  not  live  in  buildings  covered  by
 existing  LMI programs, individuals who do not qualify as LMI customers,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14492-02-4
 A. 9746                             2
 
 rental properties, and where existing programs do not remove or mitigate
 up-front financial burdens for customers;
   (g)  Weatherization efforts can provide significant benefits to disad-
 vantaged and other communities through the reduction of energy usage and
 decreases in greenhouse gas emissions;
   (h) Weatherization and energy efficiency projects can  promote  strong
 economic  development and good jobs for local residents, including resi-
 dents in disadvantaged communities;
   (i) Utilities' access to capital and to a trusted  workforce  able  to
 effectively  execute  projects,  and experience with implementing energy
 efficiency programs specifically, positions them  well  to  develop  and
 implement programs to weatherize residential buildings; and
   (j)  It  is  therefore  the  intent of the legislature to remove legal
 barriers to utility development of weatherization programs  and  require
 the  public  service  commission  to  authorize utilities to immediately
 commence piloting the development and implementation of targeted utility
 weatherization programs to further the goals of the CLCPA.
   § 3. The public service law is amended by adding a new section 66-x to
 read as follows:
   § 66-X. ENERGY EFFICIENCY WEATHERIZATION IMPROVEMENTS. 1. AS  USED  IN
 THIS SECTION:
   (A) "BUILDING ENVELOPE" MEANS THE ASSEMBLIES, COMPONENTS AND MATERIALS
 OF  A  BUILDING THAT FORM THE THERMAL BARRIER BETWEEN THE INTERIOR SPACE
 OF THE BUILDING AND THE EXTERIOR ENVIRONMENT, INCLUDING BUT NOT  LIMITED
 TO WALLS, FLOORS, ROOFING, FOUNDATION, WINDOWS AND DOORS;
   (B)  "WEATHERIZATION  IMPROVEMENT PROJECT" MEANS A PROJECT IMPLEMENTED
 BY A GAS CORPORATION, ELECTRIC CORPORATION OR COMBINATION GAS AND  ELEC-
 TRIC CORPORATION THAT IS INTENDED TO IMPROVE THE INTEGRITY OF A BUILDING
 ENVELOPE,  INCLUDING  BUT NOT LIMITED TO LOCATING AND SEALING AIR LEAKS,
 INCREASING INSULATION, AND WEATHERSTRIPPING WINDOWS AND DOORS; AND
   (C) "WEATHERIZATION PROGRAM" MEANS A PROGRAM DEVELOPED BY A GAS CORPO-
 RATION, ELECTRIC CORPORATION OR COMBINATION GAS AND ELECTRIC CORPORATION
 FOR THE PURPOSE OF IMPLEMENTING WEATHERIZATION IMPROVEMENT PROJECTS.
   2. THE COMMISSION SHALL INITIATE A PROCEEDING WITHIN THREE  MONTHS  OF
 THE  EFFECTIVE DATE OF THIS SECTION TO SUPPORT THE DEVELOPMENT OF WEATH-
 ERIZATION PROGRAMS FOR THE PURPOSE OF MEETING THE GREENHOUSE  GAS  EMIS-
 SIONS   AND  EQUITY  GOALS  OF  THE  CLIMATE  LEADERSHIP  AND  COMMUNITY
 PROTECTION ACT (CLCPA).
   3. WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS SECTION,  EACH  GAS
 CORPORATION,  ELECTRIC  CORPORATION,  OR  COMBINATION  GAS  AND ELECTRIC
 CORPORATION SHALL SUBMIT TO THE COMMISSION FOR  REVIEW  AND  APPROVAL  A
 PILOT WEATHERIZATION PROGRAM PLAN. THE WEATHERIZATION PROGRAM PLAN SHALL
 INCLUDE,  BUT  NOT  BE  LIMITED TO, THE FOLLOWING: (A) THE BUILDINGS AND
 CUSTOMERS ELIGIBLE FOR THE  PROPOSED  PROGRAM,  WHICH  SHALL  INCLUDE  A
 DESCRIPTION  OF  HOW THE PROPOSED PROGRAM FILLS EXISTING GAPS RELATED TO
 LOW- TO MODERATE-INCOME (LMI) CUSTOMERS AND OTHER CUSTOMERS,  PRIORITIZ-
 ING  HOMES BUILT BEFORE NINETEEN HUNDRED EIGHTY AND LOCATED IN DISADVAN-
 TAGED COMMUNITIES AS IDENTIFIED BY THE CLIMATE  JUSTICE  WORKING  GROUP;
 (B)  A  DESCRIPTION  OF  THE  WEATHERIZATION  IMPROVEMENT PROJECTS TO BE
 INCLUDED  IN  THE  PROPOSED  PROGRAM;  (C)  WHETHER  THE  WEATHERIZATION
 IMPROVEMENT  PROJECTS  WILL  BE  COMPLETED BY INTERNAL LABOR, CONTRACTED
 RESOURCES, OR BOTH; (D) A  DESCRIPTION  OF  JOB  TRAINING  OR  WORKFORCE
 DEVELOPMENT  EFFORTS  NECESSARY  TO  IMPLEMENT  THE  PROPOSED  PLAN; (E)
 PROPOSED TOTAL ANNUAL COSTS OF THE PROGRAM; (F) PROJECTED ANNUAL  GREEN-
 HOUSE  GAS EMISSIONS REDUCTIONS RESULTING FROM THE PROPOSED PROGRAM; AND
 (G) THE PROJECTED SAVINGS ON PIPELINE  AND  OTHER  EQUIPMENT  REPAIR  OR
 A. 9746                             3
 
 REPLACEMENT  FROM  THE  REDUCTION IN USAGE. IN DEVELOPING WEATHERIZATION
 PROGRAM PLANS, A GAS CORPORATION, ELECTRIC CORPORATION,  OR  COMBINATION
 ELECTRIC AND GAS CORPORATION SHALL COORDINATE WITH OTHER UTILITY PARTIC-
 IPANTS AND THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY.
   4.  WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, THE COMMIS-
 SION SHALL DETERMINE WHETHER IT IS IN THE PUBLIC INTEREST TO APPROVE  OR
 MODIFY  SUCH  WEATHERIZATION  PROGRAM  PLANS  AND  SHALL  ISSUE AN ORDER
 DIRECTING EACH GAS, ELECTRIC, OR COMBINATION  GAS  AND  ELECTRIC  CORPO-
 RATION TO IMPLEMENT SUCH WEATHERIZATION PROGRAMS. IN DETERMINING WHETHER
 A WEATHERIZATION PROGRAM IS IN THE PUBLIC INTEREST, THE COMMISSION SHALL
 CONSIDER  WHETHER  THE  PROGRAM:  (A) FACILITATES ENERGY RELIABILITY FOR
 CUSTOMERS; (B) SUPPORTS THE STATE'S ACHIEVEMENT OF  THE  GREENHOUSE  GAS
 EMISSIONS  REDUCTION  GOALS  OF THE CLCPA; AND (C) PROMOTES JOB TRAINING
 AND WORKFORCE DEVELOPMENT.
   5. THE COMMISSION  SHALL  AUTHORIZE  EACH  GAS  CORPORATION,  ELECTRIC
 CORPORATION OR COMBINATION GAS AND ELECTRIC CORPORATION TO FULLY RECOVER
 IN  THE  CONTEXT  OF RATE OR OTHER DULY AUTHORIZED PROCEEDINGS THE COSTS
 ASSOCIATED WITH EACH SUCH CORPORATION'S WEATHERIZATION PROGRAM. EACH GAS
 CORPORATION, ELECTRIC CORPORATION OR COMBINATION GAS AND ELECTRIC CORPO-
 RATION SHALL DEFER ANY UNRECOVERED EXPENSES ASSOCIATED WITH AN  APPROVED
 OR  MODIFIED  WEATHERIZATION  PROGRAM  AS  A  REGULATORY ASSET PENDING A
 SUBSEQUENT RATE OR OTHER DULY  AUTHORIZED  PROCEEDING.  ALL  UNRECOVERED
 EXPENSE  BALANCES  SHALL  ACCRUE  CARRYING CHARGES AT SUCH CORPORATION'S
 PRE-TAX APPROVED RATE OF RETURN.
   6. EACH GAS, ELECTRIC, OR COMBINATION  GAS  AND  ELECTRIC  CORPORATION
 SHALL  REPORT  TO  THE  COMMISSION,  ON  A  QUARTERLY  BASIS,  AND UNTIL
 COMPLETION OF THE WEATHERIZATION PROGRAMS AS DETERMINED BY  THE  COMMIS-
 SION,  THE  STATUS  OF EACH WEATHERIZATION PROGRAM. THE COMMISSION SHALL
 POST AND MAKE PUBLICLY AVAILABLE SUCH REPORTS ON ITS WEBSITE. THE REPORT
 SHALL INCLUDE, BUT NOT BE LIMITED TO: (A) PROJECTS COMPLETED PURSUANT TO
 THE PROGRAM; (B) BARRIERS TO IMPLEMENTATION, IF ANY; (C)  COSTS  OF  THE
 PROGRAM;  (D)  NUMBER  OF  JOBS  RETAINED,  CREATED  OR  ENHANCED BY THE
 PROGRAM; AND (E) ANY OTHER SUCH INFORMATION THE COMMISSION DEEMS  TO  BE
 IN THE PUBLIC INTEREST.
   7.  ANY WEATHERIZATION PROGRAM APPROVED OR MODIFIED UNDER THIS SECTION
 SHALL DEMONSTRATE THAT THE GAS  CORPORATION,  ELECTRIC  CORPORATION,  OR
 COMBINATION  GAS AND ELECTRIC CORPORATION HAS ENTERED INTO A LABOR PEACE
 AGREEMENT WITH A BONA FIDE LABOR ORGANIZATION OF  JURISDICTION  THAT  IS
 ACTIVELY ENGAGED IN REPRESENTING GAS AND ELECTRIC CORPORATION EMPLOYEES.
 THE LABOR PEACE AGREEMENT SHALL APPLY TO THE EMPLOYEES NECESSARY FOR THE
 IMPLEMENTATION  OF THE WEATHERIZATION PROGRAM. THE LABOR PEACE AGREEMENT
 SHALL BE AN ONGOING MATERIAL CONDITION  OF  AUTHORIZATION  TO  IMPLEMENT
 SUCH PROGRAM.
   § 4. This act shall take effect immediately.