Senate Bill S3126A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3126
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2021
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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 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)  "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 AND ENERGY COSTS;
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05989-02-1

 S. 3126                             2
 
   (III) AT LEAST 23.59 PERCENT OF THE POPULATION IN AN  URBAN  OR  RURAL
 AREA HAD HOUSEHOLD INCOMES BELOW THE FEDERAL POVERTY LEVEL;
   (E)  "RESIDENTIAL  BUILDING"  MEANS A BUILDING HAVING PRIMARY USE AS A
 DOMICILE;
   (F) "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;
   (G) "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
   (H) "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 IN POTENTIAL ENVIRONMENTAL JUSTICE AREAS OF CONCERN AND TO
 PROMOTE  THE  HIRING  AND  TRAINING OF EMPLOYEES FROM POTENTIAL ENVIRON-
 MENTAL JUSTICE AREAS OF CONCERN, 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 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;
   (B)  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
   (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 AREAS DESIGNATED  AS  POTENTIAL
 ENVIRONMENTAL  JUSTICE  AREAS  OF  CONCERN, 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.  "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. "AUTHORITY" MEANS THE NEW YORK STATE ENERGY RESEARCH  AND  DEVELOP-
 MENT AUTHORITY;

 S. 3126                             3
 
   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 IN POTENTIAL ENVIRONMENTAL JUSTICE AREAS OF CONCERN AND TO
 PROMOTE THE HIRING AND TRAINING OF  EMPLOYEES  BY  UTILITIES  AND  OTHER
 ENTITIES  FROM  POTENTIAL  ENVIRONMENTAL  JUSTICE  AREAS OF CONCERN, 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 AREAS DESIGNATED AS POTENTIAL
 ENVIRONMENTAL 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-
 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 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  AUTHORITY
 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 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.
   4.  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

 S. 3126                             4
 
 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
 ________________________________________________________________________
 
                                  3126--B
     Cal. No. 256
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2021
                                ___________
 
 Introduced by Sens. PARKER, BRISPORT, HINCHEY, HOYLMAN, KAMINSKY, MAY --
   read  twice  and  ordered printed, and when printed to be committed to
   the Committee on Energy and Telecommunications --  reported  favorably
   from  said committee, ordered to first and second report, ordered to a
   third reading, amended and ordered reprinted, retaining its  place  in
   the  order  of  third reading -- passed by Senate and delivered to the
   Assembly, recalled, vote  reconsidered,  restored  to  third  reading,
   amended  and  ordered  reprinted,  retaining its place in the order of
   third reading
 
 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05989-10-1

 S. 3126--B                          2
 
   (F)  "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
   (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

 S. 3126--B                          3
 
 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 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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3126--C
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2021
                                ___________
 
 Introduced  by Sens. PARKER, BIAGGI, BRISPORT, GOUNARDES, HINCHEY, HOYL-
   MAN, JACKSON, KAMINSKY, MAY, RAMOS, SALAZAR -- read twice and  ordered
   printed,  and  when printed to be committed to the Committee on Energy
   and Telecommunications --  reported  favorably  from  said  committee,
   ordered  to  first  and  second  report,  ordered  to a third reading,
   amended and ordered reprinted, retaining its place  in  the  order  of
   third  reading  --  passed  by  Senate  and delivered to the Assembly,
   recalled, vote reconsidered, restored to third  reading,  amended  and
   ordered  reprinted,  retaining its place in the order of third reading
   -- recommitted to the Committee on Energy  and  Telecommunications  in
   accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT  to amend the public service law and the public authorities law,
   in relation to establishing energy efficiency measures by  the  public
   service  commission  and  the New York 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-t to read as follows:
   § 66-T. 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05989-13-2
 S. 3126--C                          2
 
              

   (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;
 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  OR  TRAINEES  LIVING IN DISADVANTAGED COMMUNITIES, AT A MINIMUM
 PROPORTIONAL TO THESE AREAS' PERCENTAGE SHARE OF THE  TOTAL  RESIDENTIAL
 HOUSING AND SMALL COMMERCIAL BUILDING STOCK WITHIN THE STATE;
   (B)  BEGINNING THREE YEARS AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH,
 INSTALLERS, TECHNICIANS, CREW LEADERS, CONSTRUCTION WORKERS AND  APPREN-
 TICES  HIRED  FOR  IMPLEMENTATION  OF UTILITY ENERGY EFFICIENCY PROGRAMS
 SHALL BE FROM PRIORITY POPULATIONS OR DISADVANTAGED  COMMUNITIES,  AT  A
 MINIMUM PROPORTIONAL TO THESE AREAS' PERCENTAGE SHARE OF THE TOTAL RESI-
 DENTIAL HOUSING AND SMALL COMMERCIAL BUILDING STOCK WITHIN THE STATE, OR
 FROM OTHER PRIORITY POPULATIONS AND DISADVANTAGED COMMUNITIES WITHIN ONE
 HUNDRED MILES OF TARGET WORK SITES; AND
   (C)  BEGINNING THREE YEARS AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH,
 REQUIRE THAT 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.
   3. (A) IN ANY CALENDAR YEAR THAT A UTILITY IS UNABLE TO MEET  THE  JOB
 TRAINING  OR  HIRING  REQUIREMENTS  PURSUANT  TO SUBDIVISION TWO OF THIS
 SECTION, 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  PRIORI-
 TY  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 QUAL-
 IFIED APPLICANT POOL TO COMPLY WITH SUCH REQUIREMENTS  DURING  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 COMMISSION.
 S. 3126--C                          3
 
   (B) THE COMMISSION SHALL CONDUCT A PERIODIC PERFORMANCE AUDIT ENSURING
 THAT DISADVANTAGED COMMUNITIES HAVE  ACCESS  TO  THE  UTILITY  WORKFORCE
 DEVELOPMENT  TRAINING, JOBS, AND OPPORTUNITIES PURSUANT TO THIS SECTION.
 THE COMMISSION SHALL PUBLISH THE RESULTS OF EACH  PERFORMANCE  AUDIT  ON
 THE COMMISSION'S WEBSITE.
   (C)  THE  COMMISSION SHALL HAVE THE AUTHORITY TO ADJUDICATE 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 THIS CHAPTER.
   §  2.  The  public  authorities law is amended by adding a new section
 1885 to read as follows:
   § 1885. EFFICIENCY REQUIREMENTS. 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)  "ENVIRONMENTALLY  BENEFICIAL ELECTRIFICATION" MEANS A REPLACEMENT
 OF DIRECT FOSSIL FUEL USE WITH ELECTRICITY  SUCH  THAT  THE  REPLACEMENT
 REDUCES OVERALL EMISSIONS;
   (C)  "DISADVANTAGED COMMUNITIES" SHALL HAVE THE SAME MEANING AS SUBDI-
 VISION FIVE OF SECTION 75-0101 OF THE ENVIRONMENTAL CONSERVATION LAW;
   (D) "AUTHORITY" MEANS THE NEW YORK STATE ENERGY RESEARCH AND  DEVELOP-
 MENT AUTHORITY;
   (E)  "SMALL  COMMERCIAL BUILDING" MEANS A BUILDING OPERATED BY A BUSI-
 NESS OR NOT-FOR-PROFIT ORGANIZATION WITH ONE HUNDRED EMPLOYEES OR FEWER,
 PROVIDED SUCH BUSINESS OR NOT-FOR-PROFIT ORGANIZATION (I) OWN THE 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
 AUTHORITY;
   (F) "PRIORITY POPULATION" 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 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  EQUITABLE
 DISTRIBUTION  OF  ENERGY EFFICIENCY BENEFITS, THE AUTHORITY MAY ALLOCATE
 FUNDS TO THE NON-ENERGY RELATED INTERVENTIONS IN CONJUNCTION WITH ENERGY
 INTERVENTIONS, INCLUDING BUT NOT LIMITED TO  MOLD,  LEAD,  AND  ASBESTOS
 REMEDIATION  PURSUANT  TO  THE RECOMMENDATIONS OF AN INTEGRATED PHYSICAL
 NEEDS ASSESSMENT PERFORMED BY THE  DIVISION  OF  HOUSING  AND  COMMUNITY
 RENEWAL  OR  OTHER QUALIFIED AGENCY; THE AUTHORITY SHALL FURTHER REQUIRE
 THAT:
   (A) ANY PROGRAM FUNDING FOR THE INSTALLATION OF END-USE  ENERGY  EFFI-
 CIENCY MEASURES ADMINISTERED BY THE AUTHORITY WITH THE GOAL OF ACHIEVING
 THE  ONE  HUNDRED  EIGHTY-FIVE TRILLION BTUS OF END-USE ENERGY BELOW THE
 YEAR TWO THOUSAND TWENTY-FIVE ENERGY USE FORECAST GOAL  SHALL  BE  ALLO-
 CATED  TO  DISADVANTAGED  COMMUNITIES  AT A MINIMUM PROPORTIONAL TO SUCH
 AREAS' SHARE OF THE STATE HOUSING AND SMALL COMMERCIAL  BUILDING  STOCK;
 AND
   (B)    ANY  JOB TRAINING PROGRAM FUNDING ADMINISTERED BY THE AUTHORITY
 FOR ENERGY EFFICIENCY IMPLEMENTATION  SERVE  INDIVIDUALS  FROM  PRIORITY
 POPULATIONS OR TRAINEES LIVING IN DISADVANTAGED COMMUNITIES PROPORTIONAL
 S. 3126--C                          4
 
 TO  SUCH AREAS' SHARE OF THE STATE HOUSING AND SMALL COMMERCIAL BUILDING
 STOCK; AND
   (C) EMPLOYEES HIRED FOR IMPLEMENTATION OF AUTHORITY PROGRAMS FOR ENER-
 GY  EFFICIENCY IMPLEMENTATION ARE FROM DISADVANTAGED COMMUNITIES PROPOR-
 TIONAL TO THESE AREAS' SHARE OF THE STATE HOUSING AND  SMALL  COMMERCIAL
 BUILDING STOCK.
   3.  THE  AUTHORITY SHALL INCLUDE RESOURCE IMPACTS, NON-ENERGY IMPACTS,
 DISTRIBUTION IMPACTS AND ECONOMIC DEVELOPMENT IMPACTS IN ANY  COST-BENE-
 FIT ANALYSIS UTILIZED IN DESIGNING OR IMPLEMENTING ANY ENERGY EFFICIENCY
 PROGRAM  INITIATED, UPDATED, OR REVISED SUBSEQUENT TO THE EFFECTIVE DATE
 OF THIS SECTION.
   4. THE AUTHORITY SHALL PUBLISH ON ITS WEBSITE DATA ON NON-ENERGY BENE-
 FITS (NEBS) OF HOME AND BUILDING-SCALE ENERGY EFFICIENCY PROGRAMMING  AS
 EVALUATED BY THE AUTHORITY IN COST-BENEFIT ANALYSES.
   5.  THE AUTHORITY SHALL PERFORM A GEOGRAPHIC ANALYSIS WITHIN DISADVAN-
 TAGED COMMUNITIES TO MAP AND IDENTIFY WHERE WORKFORCE OPPORTUNITIES  AND
 GAPS  EXIST  IN ENERGY EFFICIENCY AND SHALL WORK WITH THE EXISTING WORK-
 FORCE DEVELOPMENT PROGRAMS, UNION APPRENTICESHIPS,  COMMUNITY  ORGANIZA-
 TIONS AND REGIONAL HUBS TO FUND PRE-APPRENTICESHIP PROGRAMS AND COMMUNI-
 TY  TRAINING  FOR  ENERGY  EFFICIENCY JOBS BASED ON THE FINDINGS OF SUCH
 ANALYSIS.
   6. THE AUTHORITY SHALL MEASURE  TENANT  DISPLACEMENT  RATES  AND  RENT
 INCREASES INCURRED AS A RESULT OF ANY ENERGY EFFICIENCY FUNDING RECEIVED
 UNDER  THIS  SECTION.  THE  AUTHORITY  SHALL PUBLISH ANY FINDINGS ON ITS
 WEBSITE AND SHALL RECOMMEND TO THE LEGISLATURE ANY NECESSARY ACTIONS  TO
 AVOID  THE  DISPLACEMENT OF TENANTS AS A RESULT OF THE ENERGY EFFICIENCY
 FUNDING RECEIVED PURSUANT TO THIS SECTION.
   § 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 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.