Senate Bill S7067

2013-2014 Legislative Session

Relates to requiring periodic construction audits for certain private sector contractors

download bill text pdf

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 23, 2014	referred to energy and telecommunications

co-Sponsors

2013-S7067 (ACTIVE) - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Authorities Law
Laws Affected:: Add §1874, Pub Auth L

2013-S7067 (ACTIVE) - Summary

Relates to requiring periodic construction audits for certain private sector contractors.

2013-S7067 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7067

TITLE OF BILL:  An act to amend the public authorities law, in
relation to bi-annual construction audits

PURPOSE:

To evaluate the contractors which NYSERDA has hired to fulfill
building performance improvements for certain projects which were
financed using ratepayer funds.

SUMMARY OF PROVISIONS:

Section 1:This section describes the legislative intent of the bill,
which is to ensure that electric ratepayer funds are used effectively.

Section 2:This section implements the audit program whereby the
Authority reviews the completed work performed by private sector
contractors.

Section 3:This section sets a January 1, 2015 effective date.

JUSTIFICATION:

New York State, through the New York State Energy and Research
Development Authority (the authority), has provided an array of

financing incentives to building owners and contractors for energy
efficiency. These incentives are financed via ratepayer funds and were
offered in order to create cleaner, more efficient building structures
that will provide environmental benefits as compared to conventional
building and construction practices. Since the incentives operate on
the exchange of tax credits for environmental benefits, it is only
fair that those contractors who have received ratepayer funds be
required to demonstrate the satisfactory performance of their work.

This bill requires the authority to audit, on a bi-annual basis
beginning in January, 2015, no less than 25% of all construction work
performed which was financed via ratepayer funds. The audits must
determine whether the construction performed has lived up to its
expectations.

The authority will audit no less than 25% of the work which was
financed via ratepayer funds and was also performed under any of the
following state programs: Systems Benefit Charge (SBC), Energy
Efficiency Portfolio Standard (EEPS), the Renewable Portfolio Standard
(RPS), and the Regional Greenhouse Gas Initiative (RGGI).  All audits
will be funded by the program that originally captured the project,
such as the SBC, the EEPS, the RPS, and the RGGI.

NYSERDA programs that rely on ratepayer funds supplied by the SBC, the
RPS, the EEPS, or RGGI, include but are not limited to: the Energy
Smart New Construction Program; the Existing Facilities Program; the
Energy Star Home Builders Program; the Fuel Cell Rebate and
Performance Incentive; the Customer-Sited Tier Regional Program;
Assisted Home Performance Grants; EmPower New York; the Agricultural
Energy Efficiency Program; the Energy smart Multifamily Performance
Program; the Industrial and Process Efficiency Performance Incentives;


the Solar Thermal Incentive Program; the Electric Commercial and
Industrial Efficiency Programs; the residential efficiency Programs;
and the Commercial and Industrial Efficiency Programs.

Within six months of completing any audit the authority shall be
required to publish the results and rate the contractors who performed
the work on whether or not the work performed resulted in any actual
energy efficiency improvements or other environmental benefits. Each
contractor shall be given a "score" and all such "scores" shall be
made available on the authority's website.

LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

January 1, 2015

2013-S7067 (ACTIVE) - Bill Text download pdf

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

                                  7067

                            I N  S E N A T E

                             April 23, 2014
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations

AN  ACT  to  amend  the public authorities law, in relation to bi-annual
  construction audits

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

  Section  1. Legislative intent. It is the intent of the legislature of
the state of New York to ensure that electric ratepayer funds  are  used
effectively  by  evaluating  the  completed work that has been funded by
ratepayer funds under programs overseen and operated  by  the  New  York
state energy research and development authority.
  S  2.  The  public  authorities law is amended by adding a new section
1874 to read as follows:
  S 1874. BI-ANNUAL CONSTRUCTION AUDITS. 1. THE AUTHORITY  SHALL  AUDIT,
ON   A  BI-ANNUAL  BASIS,  NO  LESS  THAN  TWENTY-FIVE  PERCENT  OF  THE
CONSTRUCTION, RENOVATION, RETROFIT, RENEWABLE ENERGY, DISTRIBUTED GENER-
ATION, OR ENERGY EFFICIENCY PROJECTS WHICH WERE PERFORMED BY  A  PRIVATE
SECTOR CONTRACTOR AS UNDER A BENEFIT OR INCENTIVE PROGRAM WHICH IS OPER-
ATED  BY THE AUTHORITY AND IS BACKED BY RATEPAYER FUNDS, FOR THE PURPOSE
OF DETERMINING WHETHER SUCH CONSTRUCTION PROJECTS ARE FUNCTIONING  PROP-
ERLY.  THE  TYPE OF AUDIT WILL VARY ON A CASE-BY-CASE BASIS DEPENDING ON
WHICH AUTHORITY PROGRAM FUNDED THE PROJECT, THE TECHNOLOGY INVOLVED, AND
THE TYPE OF BENEFIT THE PROJECT IS  SUPPOSED  TO  PROVIDE.  BENEFIT  AND
INCENTIVE PROGRAMS THAT ARE FUNDED USING RATEPAYER FUNDS INCLUDE BUT ARE
NOT  LIMITED  TO  PROJECTS  FUNDED  BY  THE RENEWABLE PORTFOLIO STANDARD
(RPS), THE SYSTEMS BENEFIT CHARGE (SBC),  THE  REGIONAL  GREENHOUSE  GAS
INITIATIVE (RGGI), AND THE ENERGY EFFICIENCY PORTFOLIO STANDARD (EEPS).
  2.  THE  AUTHORITY  SHALL BE REQUIRED TO ISSUE A REPORT CONTAINING ITS
FINDINGS NO LATER THAN SIX MONTHS AFTER IT COMPLETES  AN  AUDIT  TO  THE
TEMPORARY  PRESIDENT  OF  THE  SENATE,  THE SPEAKER OF THE ASSEMBLY, THE
CHAIR OF THE SENATE ENERGY AND TELECOMMUNICATIONS COMMITTEE,  THE  CHAIR
OF  THE  PUBLIC SERVICE COMMISSION, AND THE CHAIR OF THE ASSEMBLY ENERGY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14799-01-4

S. 7067                             2

COMMITTEE. THE REPORT SHALL ALSO BE MADE AVAILABLE TO THE PUBLIC ON  THE
AUTHORITY'S WEBSITE.
  3.  THE  AUTHORITY  SHALL  DEVELOP  A  SCORING  SYSTEM AND ASSIGN EACH
CONTRACTOR AUDITED A "SCORE"  INDICATING  THE  RELATIVE  PERFORMANCE  OF
CONSTRUCTION   WORK   AS   COMPARED  TO  ITS  PURPOSE  AT  THE  TIME  OF
CONSTRUCTION. SUCH SCORE SHALL TAKE INTO ACCOUNT, AMONG  OTHER  CRITERIA
THAT  THE AUTHORITY DEEMS RELEVANT; THE TECHNOLOGY INVOLVED AND THE TYPE
OF BENEFIT THE PROJECT IS SUPPOSED TO PROVIDE; THE AGE OF  THE  PROJECT;
WHETHER   TECHNOLOGICAL   ADVANCEMENTS  ARE  AVAILABLE  TO  IMPROVE  THE
PROJECT'S PERFORMANCE AS IT RELATES TO ENERGY  EFFICIENCY;  WHETHER  THE
PROJECT  IS  OPERATING  SAFELY;  WHETHER  THE  PROJECT PRESENTS A SAFETY
THREAT TO SUBSEQUENT OWNERS, OPERATORS, AND THIRD PARTIES; IF  A  STRUC-
TURE,  THE  STRUCTURAL INTEGRITY THEREOF; THE OVERALL FUNCTIONING OF THE
PROJECT; AND ANYTHING ELSE THAT THE AUTHORITY DEEMS NECESSARY AND APPRO-
PRIATE.
  4. THE OWNERS OR OPERATORS OF EACH BUILDING, STRUCTURE, OR OTHER ENTI-
TY TO WHICH CONSTRUCTION OR RENOVATIONS WERE PERFORMED  USING  RATEPAYER
FUNDS  IS  HEREBY DIRECTED TO COOPERATE FULLY WITH THE AUDIT REQUIRED BY
THIS SECTION, AND TO PROVIDE ACCESS  TO  THE  PREMISES  UPON  REASONABLE
NOTICE.
  5.  THE  AUTHORITY  SHALL  CONSIDER  THE RESULTS OF EACH AUDIT AND THE
RELATIVE PERFORMANCE OF EACH CONTRACTOR EXAMINED,  AND  SHALL  USE  SUCH
INFORMATION  AS  A  DETERMINING FACTOR AS TO EACH CONTRACTOR'S CONTINUED
PARTICIPATION IN ANY RATEPAYER-FUNDED PROGRAM. IN PREPARING ITS  REPORT,
THE  AUTHORITY  SHALL LIST ANY AND ALL CONTRACTORS WHO HAVE BEEN REMOVED
FROM ITS PROGRAM DUE TO SUB-STANDARD PERFORMANCE.
  S 3. This act shall take effect January 1, 2015.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Find your Senator and share your views on important issues.

Do you support this bill?

Senate Bill S7067

Sponsored By

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Actions

co-Sponsors

2013-S7067 (ACTIVE) - Details

2013-S7067 (ACTIVE) - Summary

2013-S7067 (ACTIVE) - Sponsor Memo

2013-S7067 (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2013-S7067

Senate Bill S7067

Share this bill

Sponsored By

George D. Maziarz

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Actions

co-Sponsors

John A. DeFrancisco

Mark Grisanti

Kathleen A. Marchione

John L. Sampson

2013-S7067 (ACTIVE) - Details

2013-S7067 (ACTIVE) - Summary

2013-S7067 (ACTIVE) - Sponsor Memo

2013-S7067 (ACTIVE) - Bill Text download pdf

Comments