The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3126--A
     Cal. No. 256
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2021
                                ___________
 
 Introduced by Sens. PARKER, HINCHEY, HOYLMAN, KAMINSKY -- read twice and
   ordered  printed, and when printed to be committed to the Committee on
   Energy and Telecommunications -- reported favorably from said  commit-
   tee,  ordered  to first and second report, ordered to a third reading,
   amended and ordered reprinted, retaining its place  in  the  order  of
   third reading
 
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05989-03-1

 S. 3126--A                          2
 
 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;
   (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:

 S. 3126--A                          3
 
   § 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;
   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,

 S. 3126--A                          4
 
 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-
 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.