Assembly Bill A3996C

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3996
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 Introduced by M. of A. HUNTER -- read once and referred to the Committee
   on Energy
 
 AN  ACT  to amend the public service law and the energy law, in relation
   to establishing energy  efficiency  measures  by  the  public  service
   commission  and  the  New  York  state energy research and development
   authority

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The public service law is amended by adding a new section
 66-q to read as follows:
   § 66-Q. ENERGY EFFICIENCY PROGRAM. 1. AS USED  IN  THIS  SECTION,  THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "COST  EFFECTIVE"  MEANS  PRODUCING  BENEFITS THAT OUTWEIGH COSTS
 PURSUANT TO THE COMMISSION'S BENEFIT-COST ANALYSIS, PLUS THE SOCIAL COST
 OF METHANE, AND NON-ENERGY BENEFITS AS DESCRIBED IN  THE  "RHODE  ISLAND
 TEST" (RI. TEST) OR A SUBSEQUENTLY IDENTIFIED BENEFIT-COST ANALYSIS THAT
 MORE  COMPLETELY ACCOUNTS FOR EXTERNALIZED BENEFITS OF ENERGY EFFICIENCY
 SPENDING;
   (B) "ENERGY EFFICIENCY" MEANS THE REDUCTION  IN  OVERALL  ENERGY  USE,
 EXPRESSED AS A PERCENTAGE AGAINST A PRIOR BASELINE OF HISTORICAL USE, OR
 IN  BRITISH  THERMAL UNITS (BTUS). ENERGY EFFICIENCY SHALL INCLUDE ENVI-
 RONMENTALLY BENEFICIAL ELECTRIFICATION;
   (C) "ENERGY EFFICIENCY MEASURE" MEANS A PARTICULAR  GOOD  OR  PRACTICE
 THAT PROVIDES AN ENERGY EFFICIENCY BENEFIT;
   (D)  "ENVIRONMENTALLY  BENEFICIAL ELECTRIFICATION" MEANS A REPLACEMENT
 OF DIRECT FOSSIL FUEL USE WITH ELECTRICITY  SUCH  THAT  THE  REPLACEMENT
 REDUCES OVERALL EMISSIONS AND ENERGY COSTS;
   (E)  "POTENTIAL ENVIRONMENTAL JUSTICE AREAS OF CONCERN" MEANS AREAS OF
 UNITED STATES CENSUS BLOCK GROUPS OF TWO HUNDRED FIFTY TO  FIVE  HUNDRED
 HOUSEHOLDS  EACH  THAT,  IN THE MOST RECENTLY RELEASED CENSUS, HAD POPU-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05989-01-1
              

 A. 3996                             2
 
 LATIONS THAT MET OR EXCEEDED AT LEAST ONE OF THE  FOLLOWING  STATISTICAL
 THRESHOLDS:
   (I)  AT LEAST 51.1 PERCENT OF THE POPULATION IN AN URBAN AREA REPORTED
 THEMSELVES TO BE MEMBERS OF MINORITY GROUPS; OR
   (II) AT LEAST 33.8 PERCENT OF THE POPULATION IN A RURAL AREA  REPORTED
 THEMSELVES TO BE MEMBERS OF MINORITY GROUPS; OR
   (III)  AT  LEAST  23.59 PERCENT OF THE POPULATION IN AN URBAN OR RURAL
 AREA HAD HOUSEHOLD INCOMES BELOW THE FEDERAL POVERTY LEVEL;
   (F) "PROGRAM" MEANS THE ENERGY EFFICIENCY PROGRAM ESTABLISHED  BY  THE
 COMMISSION PURSUANT TO THIS SECTION;
   (G)  "RESIDENTIAL  BUILDING"  MEANS A BUILDING HAVING PRIMARY USE AS A
 DOMICILE;
   (H) "RURAL AREA" MEANS ALL TERRITORY, POPULATION,  AND  HOUSING  UNITS
 THAT  ARE NOT CLASSIFIED AS AN URBAN AREA, OR AS SUBSEQUENTLY DEFINED BY
 THE UNITED STATES CENSUS BUREAU;
   (I) "SMALL COMMERCIAL BUILDING" MEANS A BUILDING OPERATED BY  A  BUSI-
 NESS  WITH  ONE  HUNDRED EMPLOYEES OR FEWER; PROVIDED THEY (I) OWN THEIR
 BUILDING OR (II) LEASE OR MANAGE ALL OR PART OF THE BUILDING AND HAVE  A
 RELEASE  FROM  THE  BUILDING  OWNER  TO  APPLY FOR FINANCING THROUGH THE
 PROGRAM; AND
   (J) "URBAN AREA" MEANS ALL TERRITORY, POPULATION,  AND  HOUSING  UNITS
 LOCATED IN URBANIZED AREAS, WHICH IS A CONTINUOUSLY BUILT-UP AREA WITH A
 POPULATION OF FIFTY THOUSAND OR MORE, AND IN PLACES OF TWO THOUSAND FIVE
 HUNDRED  OR  MORE INHABITANTS OUTSIDE OF AN URBANIZED AREA, OR AS SUBSE-
 QUENTLY DEFINED BY THE UNITED STATES CENSUS BUREAU.
   2. THE COMMISSION SHALL, WITHIN FORTY-FIVE DAYS OF THE EFFECTIVE  DATE
 OF THIS SECTION, COMMENCE A PROCEEDING TO ESTABLISH AN ENERGY EFFICIENCY
 PROGRAM  FOR UTILITIES, IN ORDER TO STIMULATE THE GROWTH AND ADOPTION OF
 MORE EFFICIENT USE OF ENERGY AND TO PROMOTE THE HIRING AND  TRAINING  OF
 EMPLOYEES  BY  SUCH UTILITIES FROM POTENTIAL ENVIRONMENTAL JUSTICE AREAS
 OF CONCERN.
   3. THE COMMISSION, IN COLLABORATION WITH UTILITIES AND THE LONG ISLAND
 POWER AUTHORITY, SHALL DEVELOP, OVERSEE AND ISSUE GUIDELINES  ESTABLISH-
 ING  RULES  AND  REGULATIONS  FOR  THE  PROGRAM  WHICH SHALL INCLUDE THE
 FOLLOWING ELEMENTS:
   (A) COST EFFECTIVE ENERGY EFFICIENCY, INCLUDING ENVIRONMENTALLY  BENE-
 FICIAL ELECTRIFICATION, SHALL BE THE PRIMARY MEANS FOR MEETING NEW ENER-
 GY DEMAND FOR RESIDENTIAL AND SMALL COMMERCIAL BUILDING SECTORS, INCLUD-
 ING DEMAND FOR FOSSIL FUEL;
   (B)  ANY  JOB  TRAINING  FUNDING  ADMINISTERED BY UTILITIES FOR ENERGY
 EFFICIENCY IMPLEMENTATION SHALL SERVE TRAINEES LIVING  IN  AREAS  DESIG-
 NATED  AS POTENTIAL ENVIRONMENTAL JUSTICE AREAS OF CONCERN, PROPORTIONAL
 TO THESE AREAS' SHARE OF THE STATE HOUSING AND SMALL COMMERCIAL BUILDING
 STOCK;
   (C) EMPLOYEES HIRED FOR IMPLEMENTATION OF  UTILITY  ENERGY  EFFICIENCY
 PROGRAMS  SHALL  BE  FROM  AREAS  DESIGNATED  AS POTENTIAL ENVIRONMENTAL
 JUSTICE AREAS OF CONCERN, PROPORTIONAL TO  THESE  AREAS'  SHARE  OF  THE
 STATE  HOUSING  AND SMALL COMMERCIAL BUILDING STOCK, OR FROM OTHER AREAS
 DESIGNATED AS POTENTIAL ENVIRONMENTAL JUSTICE AREAS  OF  CONCERN  WITHIN
 SEVENTY-FIVE MILES OF TARGET WORK SITES; AND
   (D)  REQUIRE  ANY  RESIDENTIAL  AND  SMALL  BUSINESS ENERGY EFFICIENCY
 PROGRAM FUNDING USED DIRECTLY FOR ENERGY  EFFICIENCY  MEASURES  ADMINIS-
 TERED  BY  UTILITIES SHALL BE ALLOCATED TO AREAS DESIGNATED AS POTENTIAL
 ENVIRONMENTAL JUSTICE AREAS OF CONCERN,  PROPORTIONAL  TO  THESE  AREAS'
 SHARE OF THE STATE HOUSING AND SMALL COMMERCIAL BUILDING STOCK.

 A. 3996                             3
 
   4.  THE  COMMISSION  AND  LONG  ISLAND POWER AUTHORITY SHALL ESTABLISH
 ESCALATING PENALTIES FOR NON-COMPLIANCE WITH  THE  REQUIREMENTS  OF  THE
 PROGRAM.
   §  2.  The energy law is amended by adding a new section 5-123 to read
 as follows:
   § 5-123. NEW YORK STATE  ENERGY  RESEARCH  AND  DEVELOPMENT  AUTHORITY
 ENERGY  EFFICIENCY REQUIREMENTS. 1. AS USED IN THIS SECTION, THE FOLLOW-
 ING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   A. "ENERGY EFFICIENCY" MEANS THE  REDUCTION  IN  OVERALL  ENERGY  USE,
 EXPRESSED AS A PERCENTAGE AGAINST A PRIOR BASELINE OF HISTORICAL USE, OR
 IN  BRITISH THERMAL UNITS (BTUS).  ENERGY EFFICIENCY SHALL INCLUDE ENVI-
 RONMENTALLY BENEFICIAL ELECTRIFICATION;
   B. "ENVIRONMENTALLY BENEFICIAL ELECTRIFICATION" MEANS A REPLACEMENT OF
 DIRECT FOSSIL FUEL  USE  WITH  ELECTRICITY  SUCH  THAT  THE  REPLACEMENT
 REDUCES OVERALL EMISSIONS AND ENERGY COSTS;
   C.  "OFFICE"  MEANS THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT
 AUTHORITY;
   D. "POTENTIAL ENVIRONMENTAL JUSTICE AREAS OF CONCERN" MEANS  AREAS  OF
 UNITED  STATES  CENSUS BLOCK GROUPS OF TWO HUNDRED FIFTY TO FIVE HUNDRED
 HOUSEHOLDS EACH THAT, IN THE MOST RECENTLY RELEASED  CENSUS,  HAD  POPU-
 LATIONS  THAT  MET OR EXCEEDED AT LEAST ONE OF THE FOLLOWING STATISTICAL
 THRESHOLDS:
   (I) AT LEAST 51.1 PERCENT OF THE POPULATION IN AN URBAN AREA  REPORTED
 THEMSELVES TO BE MEMBERS OF MINORITY GROUPS; OR
   (II)  AT LEAST 33.8 PERCENT OF THE POPULATION IN A RURAL AREA REPORTED
 THEMSELVES TO BE MEMBERS OF MINORITY GROUPS; OR
   (III) AT LEAST 23.59 PERCENT OF THE POPULATION IN AN  URBAN  OR  RURAL
 AREA HAD HOUSEHOLD INCOMES BELOW THE FEDERAL POVERTY LEVEL;
   E.  "RURAL  AREA"  MEANS  ALL TERRITORY, POPULATION, AND HOUSING UNITS
 THAT ARE NOT CLASSIFIED AS AN URBAN AREA, OR AS SUBSEQUENTLY DEFINED  BY
 THE UNITED STATES CENSUS BUREAU;
   F. "SMALL COMMERCIAL BUILDING" MEANS A BUILDING OPERATED BY A BUSINESS
 WITH  ONE HUNDRED EMPLOYEES OR FEWER; PROVIDED THEY (I) OWN THEIR BUILD-
 ING OR (II) LEASE OR MANAGE ALL OR PART  OF  THE  BUILDING  AND  HAVE  A
 RELEASE  FROM  THE  BUILDING  OWNER  TO  APPLY FOR FINANCING THROUGH THE
 OFFICE; AND
   G. "URBAN AREA" MEANS ALL TERRITORY,  POPULATION,  AND  HOUSING  UNITS
 LOCATED IN URBANIZED AREAS, WHICH IS A CONTINUOUSLY BUILT-UP AREA WITH A
 POPULATION OF FIFTY THOUSAND OR MORE, AND IN PLACES OF TWO THOUSAND FIVE
 HUNDRED  OR  MORE INHABITANTS OUTSIDE OF AN URBANIZED AREA, OR AS SUBSE-
 QUENTLY DEFINED BY THE UNITED STATES CENSUS BUREAU.
   2. IN ORDER TO STIMULATE THE GROWTH AND ADOPTION OF A  MORE  EFFICIENT
 USE  OF  ENERGY  AND  TO PROMOTE THE HIRING AND TRAINING OF EMPLOYEES BY
 UTILITIES AND OTHER ENTITIES FROM POTENTIAL ENVIRONMENTAL JUSTICE  AREAS
 OF CONCERN, THE OFFICE:
   A.  SHALL  REQUIRE  THAT  ANY  PROGRAM FUNDING FOR THE INSTALLATION OF
 END-USE ENERGY EFFICIENCY MEASURES ADMINISTERED BY THE OFFICE  WITH  THE
 GOAL  OF  ACHIEVING THE ONE HUNDRED EIGHTY FIVE TRILLION BRITISH THERMAL
 UNITS OF END USE ENERGY BELOW THE TWO THOUSAND  TWENTY-FIVE  ENERGY  USE
 FORECAST  GOAL SHALL BE ALLOCATED TO AREAS DESIGNATED AS POTENTIAL ENVI-
 RONMENTAL JUSTICE AREAS OF CONCERN, PROPORTIONAL TO THESE  AREAS'  SHARE
 OF THE STATE HOUSING AND SMALL COMMERCIAL BUILDING STOCK;
   B.  MAY ALLOCATE FUNDS TO NON-ENERGY RELATED INTERVENTIONS IN CONJUNC-
 TION WITH ENERGY INTERVENTIONS, INCLUDING BUT NOT LIMITED TO MOLD, LEAD,
 AND ASBESTOS REMEDIATION PURSUANT TO THE  RECOMMENDATIONS  OF  AN  INTE-

 A. 3996                             4
 
 GRATED  PHYSICAL  NEEDS  ASSESSMENT PERFORMED BY THE DIVISION OF HOUSING
 AND COMMUNITY RENEWAL OR ANOTHER QUALIFIED AGENCY;
   C.  SHALL REQUIRE ANY JOB TRAINING PROGRAM FUNDING ADMINISTERED BY THE
 OFFICE FOR ENERGY EFFICIENCY IMPLEMENTATION  SERVE  TRAINEES  LIVING  IN
 AREAS  DESIGNATED  AS  POTENTIAL ENVIRONMENTAL JUSTICE AREAS OF CONCERN,
 PROPORTIONAL TO THESE AREAS'  SHARE  OF  THE  STATE  HOUSING  AND  SMALL
 COMMERCIAL BUILDING STOCK; AND
   D. SHALL REQUIRE EMPLOYEES HIRED FOR IMPLEMENTATION OF OFFICE PROGRAMS
 FOR  EFFICIENCY  IMPLEMENTATION  ARE  FROM AREAS DESIGNATED AS POTENTIAL
 ENVIRONMENTAL JUSTICE AREAS OF CONCERN,  PROPORTIONAL  TO  THESE  AREAS'
 SHARE OF THE STATE HOUSING AND SMALL COMMERCIAL BUILDING STOCK.
   3.  THE OFFICE SHALL GATHER AND PUBLISH ON ITS WEBSITE DATA ON NON-EN-
 ERGY BENEFITS  (NEBS)  OF  HOME  AND  BUILDING-SCALE  ENERGY  EFFICIENCY
 PROGRAMMING AS EVALUATED IN BENEFIT-COSTS ANALYSIS BY THE OFFICE.
   4.  NOTWITHSTANDING  ANY  PROVISION OF LAW TO THE CONTRARY, ANY PERSON
 WHO HAS BEEN INJURED BY REASON OF A VIOLATION OF THIS SECTION MAY  BRING
 AN  ACTION IN HIS OR HER OWN NAME TO ENJOIN SUCH UNLAWFUL ACT. THE COURT
 MAY AWARD REASONABLE ATTORNEY'S FEES TO A PREVAILING PLAINTIFF.
   § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3996--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 Introduced by M. of A. HUNTER -- read once and referred to the Committee
   on  Energy -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the public service law and the energy law,  in  relation
   to  establishing  energy  efficiency  measures  by  the public service
   commission and the New York  state  energy  research  and  development
   authority
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public service law is amended by adding a  new  section
 66-q to read as follows:
   § 66-Q. ENERGY  EFFICIENCY  PROGRAM.  1.  AS USED IN THIS SECTION, THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "ECONOMICALLY DISTRESSED AREA" MEANS AN AREA WITH A  POVERTY  RATE
 OF  AT  LEAST  TWENTY  PERCENT  OR  AN UNEMPLOYMENT RATE OF AT LEAST ONE
 HUNDRED TWENTY-FIVE PERCENT OF THE STATEWIDE UNEMPLOYMENT RATE;
   (B) "ENERGY EFFICIENCY" MEANS THE REDUCTION  IN  OVERALL  ENERGY  USE,
 EXPRESSED AS A PERCENTAGE AGAINST A PRIOR BASELINE OF HISTORICAL USE, OR
 IN  BRITISH  THERMAL UNITS (BTUS). ENERGY EFFICIENCY SHALL INCLUDE ENVI-
 RONMENTALLY BENEFICIAL ELECTRIFICATION;
   (C) "ENERGY EFFICIENCY MEASURE" MEANS A PARTICULAR  GOOD  OR  PRACTICE
 THAT PROVIDES AN ENERGY EFFICIENCY BENEFIT;
   (D)  "ENVIRONMENTALLY  BENEFICIAL ELECTRIFICATION" MEANS A REPLACEMENT
 OF DIRECT FOSSIL FUEL USE WITH ELECTRICITY  SUCH  THAT  THE  REPLACEMENT
 REDUCES OVERALL EMISSIONS;
   (E)   "ENVIRONMENTAL   JUSTICE   COMMUNITIES"  MEANS  AN  ECONOMICALLY
 DISTRESSED OR MINORITY COMMUNITY BEARING A DISPROPORTIONATE OR INEQUITA-
 BLE POLLUTION BURDEN AND INCLUDES, BUT IS NOT LIMITED  TO  ENVIRONMENTAL
 JUSTICE AREAS IDENTIFIED BY THE DEPARTMENT;
   (F)  "ETHNIC  GROUP" MEANS THE MINORITY GROUP MEMBERS THAT ARE DEFINED
 IN SUBDIVISION EIGHT OF SECTION THREE HUNDRED TEN OF THE EXECUTIVE LAW;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05989-04-1

 A. 3996--A                          2
 
   (G) "MINORITY COMMUNITY" MEANS  ANY  CENSUS  TRACT,  CENSUS  BLOCK  OR
 CENSUS  BLOCK  GROUP  THAT  INCLUDES  TWENTY-FIVE PERCENT OR MORE OF ANY
 ETHNIC GROUP;
   (H)  "RESIDENTIAL  BUILDING"  MEANS A BUILDING HAVING PRIMARY USE AS A
 DOMICILE;
   (I) "RURAL AREA" MEANS ALL TERRITORY, POPULATION,  AND  HOUSING  UNITS
 THAT  ARE NOT CLASSIFIED AS AN URBAN AREA, OR AS SUBSEQUENTLY DEFINED BY
 THE UNITED STATES CENSUS BUREAU;
   (J) "SMALL COMMERCIAL BUILDING" MEANS A BUILDING OPERATED BY  A  BUSI-
 NESS OR NOT-FOR-PROFIT ORGANIZATION WITH ONE HUNDRED EMPLOYEES OR FEWER;
 PROVIDED THEY (I) OWN THEIR BUILDING OR (II) LEASE OR MANAGE ALL OR PART
 OF  THE BUILDING AND HAVE A RELEASE FROM THE BUILDING OWNER TO APPLY FOR
 FINANCING THROUGH THE PROGRAM; AND
   (K) "URBAN AREA" MEANS ALL TERRITORY, POPULATION,  AND  HOUSING  UNITS
 LOCATED IN URBANIZED AREAS, WHICH IS A CONTINUOUSLY BUILT-UP AREA WITH A
 POPULATION OF FIFTY THOUSAND OR MORE, AND IN PLACES OF TWO THOUSAND FIVE
 HUNDRED  OR  MORE INHABITANTS OUTSIDE OF AN URBANIZED AREA, OR AS SUBSE-
 QUENTLY DEFINED BY THE UNITED STATES CENSUS BUREAU; AND
   (L) "PRIORITY POPULATIONS" MEANS GROUPS THAT INCLUDE VETERANS,  NATIVE
 AMERICANS,  INDIVIDUALS WITH DISABILITIES, LOW-INCOME INDIVIDUALS, UNEM-
 PLOYED POWER PLANT WORKERS, PREVIOUSLY INCARCERATED INDIVIDUALS, PERSONS
 AGED EIGHTEEN THROUGH TWENTY-FOUR  PARTICIPATING  IN  WORK  PREPAREDNESS
 TRAINING  PROGRAMS,  OR  RESIDENTS  OF  POTENTIAL  ENVIRONMENTAL JUSTICE
 AREAS.
   2. IN ORDER TO STIMULATE THE GROWTH AND ADOPTION OF A  MORE  EFFICIENT
 USE  OF  ENERGY  IN ENVIRONMENTAL JUSTICE COMMUNITIES AND TO PROMOTE THE
 HIRING AND TRAINING OF EMPLOYEES FROM ENVIRONMENTAL JUSTICE  COMMUNITIES
 AND  PRIORITY  POPULATIONS,  THE  COMMISSION  SHALL DEVELOP, OVERSEE AND
 ISSUE GUIDELINES TO BE USED AS PART OF ANY ENERGY EFFICIENCY  PROCEEDING
 OR  UTILITY  PROGRAM,  INCLUDING  WITHOUT  LIMITATION  ORDERS  ISSUED IN
 COMMISSION CASE NUMBER 18-M-0084,  WHICH  SHALL  INCLUDE  THE  FOLLOWING
 ELEMENTS:
   (A)  ANY  JOB  TRAINING  FUNDING  ADMINISTERED BY UTILITIES FOR ENERGY
 EFFICIENCY IMPLEMENTATION SHALL SERVE INDIVIDUALS  FROM  PRIORITY  POPU-
 LATIONS  OR  TRAINEES  LIVING IN ENVIRONMENTAL JUSTICE COMMUNITIES, AT A
 MINIMUM PROPORTIONAL TO THESE AREAS' SHARE  OF  THE  STATE  HOUSING  AND
 SMALL COMMERCIAL BUILDING STOCK;
   (B)  EMPLOYEES  HIRED  FOR IMPLEMENTATION OF UTILITY ENERGY EFFICIENCY
 PROGRAMS SHALL BE FROM PRIORITY  POPULATIONS  OR  ENVIRONMENTAL  JUSTICE
 COMMUNITIES,  AT  A  MINIMUM  PROPORTIONAL  TO THESE AREAS' SHARE OF THE
 STATE HOUSING AND SMALL COMMERCIAL BUILDING STOCK, OR FROM  OTHER  ENVI-
 RONMENTAL  JUSTICE  COMMUNITIES WITHIN SEVENTY-FIVE MILES OF TARGET WORK
 SITES; AND
   (C) REQUIRE ANY  RESIDENTIAL  AND  SMALL  BUSINESS  ENERGY  EFFICIENCY
 PROGRAM  FUNDING  USED  DIRECTLY FOR ENERGY EFFICIENCY MEASURES ADMINIS-
 TERED BY UTILITIES SHALL BE ALLOCATED TO ENVIRONMENTAL JUSTICE  COMMUNI-
 TIES,  PROPORTIONAL TO THESE AREAS' SHARE OF THE STATE HOUSING AND SMALL
 COMMERCIAL BUILDING STOCK.
   § 2. The energy law is amended by adding a new section 5-123  to  read
 as follows:
   § 5-123. NEW  YORK  STATE  ENERGY  RESEARCH  AND DEVELOPMENT AUTHORITY
 ENERGY EFFICIENCY REQUIREMENTS. 1. AS USED IN THIS SECTION, THE  FOLLOW-
 ING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   A. "ECONOMICALLY DISTRESSED AREA" MEANS AN AREA WITH A POVERTY RATE OF
 AT  LEAST TWENTY PERCENT OR AN UNEMPLOYMENT RATE OF AT LEAST ONE HUNDRED
 TWENTY-FIVE PERCENT OF THE STATEWIDE UNEMPLOYMENT RATE;

 A. 3996--A                          3
 
   B. "ENERGY EFFICIENCY" MEANS THE  REDUCTION  IN  OVERALL  ENERGY  USE,
 EXPRESSED AS A PERCENTAGE AGAINST A PRIOR BASELINE OF HISTORICAL USE, OR
 IN  BRITISH THERMAL UNITS (BTUS).  ENERGY EFFICIENCY SHALL INCLUDE ENVI-
 RONMENTALLY BENEFICIAL ELECTRIFICATION;
   C. "ENVIRONMENTALLY BENEFICIAL ELECTRIFICATION" MEANS A REPLACEMENT OF
 DIRECT  FOSSIL  FUEL  USE  WITH  ELECTRICITY  SUCH  THAT THE REPLACEMENT
 REDUCES OVERALL EMISSIONS;
   D.  "ENVIRONMENTAL  JUSTICE   COMMUNITIES"   MEANS   AN   ECONOMICALLY
 DISTRESSED OR MINORITY COMMUNITY BEARING A DISPROPORTIONATE OR INEQUITA-
 BLE  POLLUTION  BURDEN AND INCLUDES, BUT IS NOT LIMITED TO ENVIRONMENTAL
 JUSTICE AREAS IDENTIFIED BY THE DEPARTMENT;
    E. "ETHNIC GROUP" MEANS THE MINORITY GROUP MEMBERS THAT  ARE  DEFINED
 IN SUBDIVISION EIGHT OF SECTION THREE HUNDRED TEN OF THE EXECUTIVE LAW;
   F. "MINORITY COMMUNITY" MEANS ANY CENSUS TRACT, CENSUS BLOCK OR CENSUS
 BLOCK  GROUP  THAT  INCLUDES  TWENTY-FIVE  PERCENT OR MORE OF ANY ETHNIC
 GROUP;
   G. "AUTHORITY" MEANS THE NEW YORK STATE ENERGY RESEARCH  AND  DEVELOP-
 MENT AUTHORITY;
   H.  "RURAL  AREA"  MEANS  ALL TERRITORY, POPULATION, AND HOUSING UNITS
 THAT ARE NOT CLASSIFIED AS AN URBAN AREA, OR AS SUBSEQUENTLY DEFINED  BY
 THE UNITED STATES CENSUS BUREAU;
   I. "SMALL COMMERCIAL BUILDING" MEANS A BUILDING OPERATED BY A BUSINESS
 OR  NOT-FOR-PROFIT  ORGANIZATION  WITH  ONE  HUNDRED EMPLOYEES OR FEWER;
 PROVIDED THEY (I) OWN THEIR BUILDING OR (II) LEASE OR MANAGE ALL OR PART
 OF THE BUILDING AND HAVE A RELEASE FROM THE BUILDING OWNER TO APPLY  FOR
 FINANCING THROUGH THE OFFICE; AND
   J.  "URBAN  AREA"  MEANS  ALL TERRITORY, POPULATION, AND HOUSING UNITS
 LOCATED IN URBANIZED AREAS, WHICH IS A CONTINUOUSLY BUILT-UP AREA WITH A
 POPULATION OF FIFTY THOUSAND OR MORE, AND IN PLACES OF TWO THOUSAND FIVE
 HUNDRED OR MORE INHABITANTS OUTSIDE OF AN URBANIZED AREA, OR  AS  SUBSE-
 QUENTLY DEFINED BY THE UNITED STATES CENSUS BUREAU; AND
   K.  "PRIORITY  POPULATIONS" MEANS GROUPS THAT INCLUDE VETERANS, NATIVE
 AMERICANS, INDIVIDUALS WITH DISABILITIES, LOW-INCOME INDIVIDUALS,  UNEM-
 PLOYED POWER PLANT WORKERS, PREVIOUSLY INCARCERATED INDIVIDUALS, PERSONS
 AGED  EIGHTEEN  THROUGH  TWENTY-FOUR  PARTICIPATING IN WORK PREPAREDNESS
 TRAINING PROGRAMS,  OR  RESIDENTS  OF  POTENTIAL  ENVIRONMENTAL  JUSTICE
 AREAS.
   2.  IN  ORDER TO STIMULATE THE GROWTH AND ADOPTION OF A MORE EFFICIENT
 USE OF ENERGY IN ENVIRONMENTAL JUSTICE COMMUNITIES AND  TO  PROMOTE  THE
 EQUITABLE  DISTRIBUTION  OF  ENERGY EFFICIENCY BENEFITS BY UTILITIES AND
 OTHER ENTITIES IN ENVIRONMENTAL JUSTICE COMMUNITIES, THE AUTHORITY:
   A. SHALL REQUIRE THAT ANY PROGRAM  FUNDING  FOR  THE  INSTALLATION  OF
 END-USE  ENERGY  EFFICIENCY  MEASURES ADMINISTERED BY THE AUTHORITY WITH
 THE GOAL OF ACHIEVING THE ONE HUNDRED EIGHTY-FIVE TRILLION BRITISH THER-
 MAL UNITS OF END USE ENERGY BELOW THE TWO  THOUSAND  TWENTY-FIVE  ENERGY
 USE  FORECAST  GOAL SHALL BE ALLOCATED TO ENVIRONMENTAL JUSTICE COMMUNI-
 TIES, AT A MINIMUM PROPORTIONAL TO THESE AREAS' SHARE OF THE STATE HOUS-
 ING AND SMALL COMMERCIAL BUILDING STOCK;
   B. MAY ALLOCATE FUNDS TO NON-ENERGY RELATED INTERVENTIONS IN  CONJUNC-
 TION WITH ENERGY INTERVENTIONS, INCLUDING BUT NOT LIMITED TO MOLD, LEAD,
 AND  ASBESTOS  REMEDIATION  PURSUANT  TO THE RECOMMENDATIONS OF AN INTE-
 GRATED PHYSICAL NEEDS ASSESSMENT PERFORMED BY THE  DIVISION  OF  HOUSING
 AND COMMUNITY RENEWAL OR ANOTHER QUALIFIED AGENCY;
   C.  SHALL REQUIRE ANY JOB TRAINING PROGRAM FUNDING ADMINISTERED BY THE
 AUTHORITY FOR ENERGY EFFICIENCY IMPLEMENTATION  SERVE  INDIVIDUALS  FROM
 PRIORITY  POPULATIONS OR TRAINEES LIVING IN ENVIRONMENTAL JUSTICE COMMU-

 A. 3996--A                          4
 
 NITIES, PROPORTIONAL TO THESE AREAS' SHARE  OF  THE  STATE  HOUSING  AND
 SMALL COMMERCIAL BUILDING STOCK; AND
   D.  SHALL  REQUIRE  EMPLOYEES  HIRED  FOR  IMPLEMENTATION OF AUTHORITY
 PROGRAMS FOR EFFICIENCY IMPLEMENTATION ARE  FROM  ENVIRONMENTAL  JUSTICE
 COMMUNITY,  PROPORTIONAL  TO THESE AREAS' SHARE OF THE STATE HOUSING AND
 SMALL COMMERCIAL BUILDING STOCK.
   3. A COST-BENEFIT ANALYSIS UTILIZED IN DESIGNING AND IMPLEMENTING  ANY
 ENERGY  EFFICIENCY  PROGRAM  INITIATED, UPDATED OR REVISED SUBSEQUENT TO
 THE EFFECTIVE DATE OF THIS SECTION, SHALL INCLUDE AND CONSIDER  RESOURCE
 IMPACTS,  NON-ENERGY IMPACTS, DISTRIBUTION IMPACTS AND ECONOMIC DEVELOP-
 MENT IMPACTS WHEN PERFORMING A COST-BENEFIT ANALYSIS.
   4. THE AUTHORITY SHALL GATHER AND PUBLISH ON ITS WEBSITE DATA ON  NON-
 ENERGY  BENEFITS  (NEBS)  OF  HOME  AND BUILDING-SCALE ENERGY EFFICIENCY
 PROGRAMMING AS EVALUATED IN BENEFIT-COSTS ANALYSIS BY THE AUTHORITY.
   5. THE PUBLIC SERVICE COMMISSION SHALL HAVE THE AUTHORITY  TO  ADJUDI-
 CATE COMPLAINTS AND CONDUCT INVESTIGATIONS FOR VIOLATION OF THIS SECTION
 IN  THE MANNER PROVIDED BY THE PROVISIONS OF THIS ARTICLE AND SHALL HAVE
 THE AUTHORITY TO ENFORCE THE PROVISIONS OF THIS  SECTION  IN  ACCORDANCE
 WITH SECTION TWENTY-SIX OF THE PUBLIC SERVICE LAW.
   § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3996--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 Introduced by M. of A. HUNTER, LUPARDO, CLARK, BURDICK, MITAYNES, MAMDA-
   NI,  KELLES,  PHEFFER AMATO, DE LA ROSA, FAHY, CARROLL, BARRON, ANDER-
   SON, FORREST, J. D. RIVERA, GALEF, REYES,  McDONALD,  GLICK,  EPSTEIN,
   GOTTFRIED  --  read  once  and  referred to the Committee on Energy --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to  said  committee -- again reported from said committee
   with amendments, ordered reprinted as amended and recommitted to  said
   committee
 
 AN  ACT  to  amend  the  public service law, in relation to establishing
   energy efficiency measures by the public service commission
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The public service law is amended by adding a new section
 66-s to read as follows:
   § 66-S. ENERGY EFFICIENCY PROGRAM. 1. AS USED  IN  THIS  SECTION,  THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "ENERGY  EFFICIENCY"  MEANS  THE REDUCTION IN OVERALL ENERGY USE,
 EXPRESSED AS A PERCENTAGE AGAINST A PRIOR BASELINE OF HISTORICAL USE, OR
 IN BRITISH THERMAL UNITS (BTUS). ENERGY EFFICIENCY SHALL  INCLUDE  ENVI-
 RONMENTALLY BENEFICIAL ELECTRIFICATION;
   (B)  "ENERGY  EFFICIENCY  MEASURE" MEANS A PARTICULAR GOOD OR PRACTICE
 THAT PROVIDES AN ENERGY EFFICIENCY BENEFIT;
   (C) "ENVIRONMENTALLY BENEFICIAL ELECTRIFICATION" MEANS  A  REPLACEMENT
 OF  DIRECT  FOSSIL  FUEL  USE WITH ELECTRICITY SUCH THAT THE REPLACEMENT
 REDUCES OVERALL EMISSIONS;
   (D) "DISADVANTAGED COMMUNITIES" SHALL HAVE THE SAME MEANING AS  SUBDI-
 VISION FIVE OF SECTION 75-0101 OF THE ENVIRONMENTAL CONSERVATION LAW;
   (E)  "RESIDENTIAL  BUILDING"  MEANS A BUILDING HAVING PRIMARY USE AS A
 DOMICILE;
   (F) "SMALL COMMERCIAL BUILDING" MEANS A BUILDING OPERATED BY  A  BUSI-
 NESS OR NOT-FOR-PROFIT ORGANIZATION WITH ONE HUNDRED EMPLOYEES OR FEWER;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05989-09-1

 A. 3996--B                          2
 
 PROVIDED THEY (I) OWN THEIR BUILDING OR (II) LEASE OR MANAGE ALL OR PART
 OF  THE BUILDING AND HAVE A RELEASE FROM THE BUILDING OWNER TO APPLY FOR
 FINANCING THROUGH THE PROGRAM; AND
   (G)  "PRIORITY  POPULATIONS" MEANS GROUPS THAT INCLUDE VETERANS, INDI-
 VIDUALS WITH  DISABILITIES,  LOW-INCOME  INDIVIDUALS,  UNEMPLOYED  POWER
 PLANT  WORKERS,  PREVIOUSLY INCARCERATED INDIVIDUALS, PERSONS AGED EIGH-
 TEEN THROUGH TWENTY-FOUR PARTICIPATING  IN  WORK  PREPAREDNESS  TRAINING
 PROGRAMS, OR RESIDENTS OF DISADVANTAGED COMMUNITIES.
   2.  IN  ORDER TO STIMULATE THE GROWTH AND ADOPTION OF A MORE EFFICIENT
 USE OF ENERGY IN DISADVANTAGED COMMUNITIES AND TO PROMOTE THE HIRING AND
 TRAINING OF EMPLOYEES FROM DISADVANTAGED COMMUNITIES AND PRIORITY  POPU-
 LATIONS,  THE  COMMISSION SHALL DEVELOP, OVERSEE AND ISSUE GUIDELINES TO
 BE USED AS PART OF ANY ENERGY EFFICIENCY PROCEEDING OR UTILITY  PROGRAM,
 WHICH SHALL INCLUDE THE FOLLOWING ELEMENTS:
   (A)  ANY  JOB  TRAINING  FUNDING  ADMINISTERED BY UTILITIES FOR ENERGY
 EFFICIENCY IMPLEMENTATION SHALL SERVE INDIVIDUALS  FROM  PRIORITY  POPU-
 LATIONS,  AT  A MINIMUM PROPORTIONAL TO THESE AREAS' PERCENTAGE SHARE OF
 THE TOTAL RESIDENTIAL HOUSING AND SMALL COMMERCIAL BUILDING STOCK WITHIN
 THE STATE;
   (B) EMPLOYEES HIRED FOR IMPLEMENTATION OF  UTILITY  ENERGY  EFFICIENCY
 PROGRAMS  SHALL  BE FROM PRIORITY POPULATIONS, AT A MINIMUM PROPORTIONAL
 TO THESE AREAS' PERCENTAGE SHARE OF THE TOTAL  RESIDENTIAL  HOUSING  AND
 SMALL  COMMERCIAL  BUILDING STOCK WITHIN THE STATE, OR FROM OTHER DISAD-
 VANTAGED COMMUNITIES WITHIN SEVENTY-FIVE MILES OF TARGET WORK SITES  AND
 SHOULD  NO QUALIFIED APPLICANTS BE FOUND IN THE PRIORITY POPULATION THEN
 OTHER APPLICANTS SHALL BE SOUGHT FROM OUTSIDE THE  PRIORITY  POPULATION;
 AND
   (C)  REQUIRE  ANY  RESIDENTIAL AND/OR SMALL BUSINESS ENERGY EFFICIENCY
 PROGRAM FUNDING USED DIRECTLY FOR ENERGY  EFFICIENCY  MEASURES  ADMINIS-
 TERED  BY  UTILITIES  SHALL  BE  ALLOCATED TO DISADVANTAGED COMMUNITIES,
 PROPORTIONAL TO THESE AREAS' PERCENTAGE SHARE OF THE  TOTAL  RESIDENTIAL
 HOUSING AND SMALL COMMERCIAL BUILDING STOCK WITHIN THE STATE.
   §  2. Reporting. In any calendar year that a utility is unable to meet
 the job training or hiring requirements outlined in paragraphs  (a)  and
 (b) of subdivision 2 of section 66-s of the public service law, as added
 by  section  one  of  this  act, such utility shall file with the public
 service commission a  detailed  report  describing  the  activities  and
 efforts made to comply with such requirements, including but not limited
 to information about outreach conducted in disadvantaged communities and
 among  priority  populations  and areas where the utility publicized job
 and training opportunities. The utility shall also include a draft  plan
 for  how  it will work with community partners and stakeholders to build
 up the qualified applicant pool to comply with such requirements in  the
 next  calendar  year.  The  plan  will  be subject to a sixty-day public
 comment period after which a final plan  that  incorporates  the  public
 comments will be filed with the public service commission.
   § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.

 A. 3996--B                          3
 
   § 4. This act shall take effect one year after it shall have become  a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule  or  regulation necessary for the implementation of this act on its
 effective date are authorized to be made and completed on or before such
 effective date.