S T A T E O F N E W Y O R K
________________________________________________________________________
9746--A
I N A S S E M B L Y
April 3, 2024
___________
Introduced by M. of A. CONRAD, McMAHON -- 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, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14492-06-4
A. 9746--A 2
existing LMI programs, individuals who do not qualify as LMI customers,
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 pilot 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 TO IMPROVE THE INTEGRITY OF A BUILDING ENVELOPE OR A
SERIES OF CONTIGUOUS BUILDING ENVELOPES, INCLUDING BUT NOT LIMITED TO
LOCATING AND SEALING AIR LEAKS, INCREASING INSULATION, WEATHERSTRIPPING
WINDOWS AND DOORS AND MOISTURE CONTROL SUCH AS INSTALLING ATTIC VENTS;
(C) "WEATHERIZATION PILOT PROGRAM" MEANS A PROGRAM DEVELOPED BY A GAS
CORPORATION, ELECTRIC CORPORATION OR COMBINATION GAS AND ELECTRIC CORPO-
RATION FOR THE PURPOSE OF IMPLEMENTING WEATHERIZATION IMPROVEMENT
PROJECTS IN TARGETED PILOT AREAS, FOR A SERIES OF CONTIGUOUS PROPERTIES
WHICH SHALL GENERALLY BE NO LESS THAN TWO HUNDRED FEET IN THE AGGREGATE.
TO THE EXTENT POSSIBLE, THE PROGRAM SHALL BE DEVELOPED IN COORDINATION
WITH A UTILITY NON-PIPE ALTERNATIVE PROJECT, INCLUDING A THERMAL ENERGY
NETWORK PROJECT, AND SHALL LEVERAGE ALL LOCAL, STATE, AND FEDERAL FUND-
ING AVAILABLE;
(D) "TARGETED PILOT AREAS" MEANS THE SPECIFIC GEOGRAPHIC REGIONS
SELECTED FOR THE IMPLEMENTATION OF THE WEATHERIZATION PILOT PROGRAM.
TARGETED PILOT AREAS SHALL INCLUDE:
(I) SINGLE-FAMILY HOMES AND MULTI-FAMILY BUILDINGS BUILT BEFORE NINE-
TEEN HUNDRED EIGHTY LOCATED WITHIN DISADVANTAGED COMMUNITIES AS IDENTI-
FIED BY THE CLIMATE JUSTICE WORKING GROUP; AND
(II) A MIX OF URBAN, SUBURBAN, AND RURAL REGIONS.
EACH DWELLING IN THE TARGETED PILOT AREA SHALL BE ELIGIBLE FOR THE
WEATHERIZATION PILOT PROGRAM;
(E) "ENERGY AUDIT" MEANS A REVIEW OF A SERIES OF CONTIGUOUS DWELLINGS
FOR THE PURPOSE OF BUILDING A WEATHERIZATION STRATEGY WHICH INCLUDES,
BUT IS NOT LIMITED TO, SEALING AIR LEAKS, EXAMINING INSULATION, INSPECT-
ING ALL FURNACES AND DUCTWORK, AND UPGRADING HEATING AND COOLING
SYSTEMS. DOCUMENTATION OF DENIAL OF ACCESS TO A DWELLING TO COMPLETE THE
REVIEW SHALL QUALIFY AS COMPLETION FOR PURPOSES OF THIS SECTION; AND
A. 9746--A 3
(F) "PROJECT LABOR AGREEMENT" SHALL MEAN A PRE-HIRE COLLECTIVE
BARGAINING AGREEMENT BETWEEN A GAS CORPORATION, ELECTRIC CORPORATION,
COMBINATION OF GAS AND ELECTRIC CORPORATION OR A THIRD PARTY ON BEHALF
OF SUCH CORPORATION OR CORPORATIONS, AND A BONA FIDE BUILDING AND
CONSTRUCTION TRADE LABOR ORGANIZATION ESTABLISHING THE LABOR ORGANIZA-
TION AS THE COLLECTIVE BARGAINING REPRESENTATIVE FOR ALL PERSONS WHO
WILL PERFORM WORK ON A PUBLIC WORK PROJECT, AND WHICH PROVIDES THAT ONLY
CONTRACTORS AND SUBCONTRACTORS WHO SIGN A PRE-NEGOTIATED AGREEMENT WITH
THE LABOR ORGANIZATION CAN PERFORM PROJECT WORK. ALL CONTRACTORS AND
SUBCONTRACTORS ASSOCIATED WITH THIS WORK SHALL BE REQUIRED TO UTILIZE AN
APPRENTICESHIP AGREEMENT AS DEFINED IN ARTICLE TWENTY-THREE OF THE LABOR
LAW.
2. THE COMMISSION SHALL INITIATE A PROCEEDING WITHIN THREE MONTHS OF
THE EFFECTIVE DATE OF THIS SECTION TO SUPPORT THE DEVELOPMENT OF WEATH-
ERIZATION PILOT PROGRAMS FOR THE PURPOSE OF MEETING THE GREENHOUSE GAS
EMISSIONS 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
WEATHERIZATION PILOT PROGRAM PLAN. THE WEATHERIZATION PILOT PROGRAM
PLANS SHALL BE MADE PUBLICLY AVAILABLE ON THE COMMISSION'S WEBSITE AND
BE SUBJECT TO A PUBLIC COMMENT PERIOD OF NO LESS THAN SIXTY DAYS. ALL
PLANS SUBMITTED TO THE COMMISSION 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 IN TARGETED PILOT AREAS; (B) A DESCRIPTION OF THE
WEATHERIZATION IMPROVEMENT PROJECTS TO BE INCLUDED IN THE PROPOSED
PROGRAM; (C) A STAFFING PLAN IDENTIFYING THE WORKFORCE AND SPECIFIC WORK
TO BE PERFORMED; (D) MAPS OF THE LOCATIONS OF THESE PROJECTS, WHICH
SHOULD TARGET CONTIGUOUS PROPERTIES OVER ENTIRE STREET BLOCKS; (E) A
DESCRIPTION OF JOB TRAINING OR WORKFORCE DEVELOPMENT EFFORTS NECESSARY
TO IMPLEMENT THE PROPOSED PLAN; (F) PROPOSED TOTAL ANNUAL COSTS OF THE
PROGRAM; (G) PROJECTED ANNUAL GREENHOUSE GAS EMISSIONS REDUCTIONS
RESULTING FROM THE PROPOSED PROGRAM; AND (H) THE PROJECTED SAVINGS ON
PIPELINE AND OTHER EQUIPMENT REPAIR OR REPLACEMENT FROM THE REDUCTION IN
USAGE. IN DEVELOPING WEATHERIZATION PILOT PROGRAM PLANS, A GAS CORPO-
RATION, ELECTRIC CORPORATION, OR COMBINATION ELECTRIC AND GAS CORPO-
RATION SHALL COORDINATE WITH OTHER UTILITY PARTICIPANTS 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 PILOT PROGRAM PLANS AND SHALL ISSUE AN ORDER
DIRECTING EACH GAS, ELECTRIC, OR COMBINATION GAS AND ELECTRIC CORPO-
RATION TO IMPLEMENT SUCH WEATHERIZATION PILOT PROGRAMS. IN DETERMINING
WHETHER A WEATHERIZATION PILOT PROGRAM IS IN THE PUBLIC INTEREST, THE
COMMISSION SHALL CONSIDER WHETHER THE PROGRAM: (A) FACILITATES ENERGY
RELIABILITY AND REDUCES ENERGY COSTS FOR CUSTOMERS IN TARGETED PILOT
AREAS; (B) SUPPORTS THE STATE'S ACHIEVEMENT OF THE GREENHOUSE GAS EMIS-
SIONS REDUCTION GOALS OF THE CLCPA; AND (C) PROMOTES JOB TRAINING AND
WORKFORCE DEVELOPMENT.
5. THE GAS CORPORATION, ELECTRIC CORPORATION, OR COMBINATION GAS AND
ELECTRIC CORPORATION SHALL COLLECT DATA TO INFORM STRATEGIES FOR THE
WEATHERIZATION PILOT PROGRAM. SUCH DATA SHALL INCLUDE:
A. 9746--A 4
(A) FOR EVERY ELIGIBLE HOUSING UNIT: (I) IF APPLICABLE, THE NUMBER OF
VACANT UNITS IN A BUILDING AND REASON FOR VACANCY; AND (II) WHETHER AN
ENERGY AUDIT WAS AGREED TO (POSSIBLE ANSWERS INCLUDE: YES, NO: OWNER
REFUSED, NO: TENANT REFUSED, NO: OWNER COULD NOT BE REACHED, NO: TENANT
COULD NOT BE REACHED, AND NO: OTHER).
(B) FOR HOUSING UNITS THAT HAVE UNDERGONE ENERGY AUDITS: (I) AGE,
TYPE, AND ESTIMATED RETIREMENT DATE OF HEATING SOURCE OR HEATING SYSTEM;
(II) ANY DEFERRED MAINTENANCE, INCLUDING, BUT NOT LIMITED TO: ROOF
REPAIRS, VERMICULITE IN ATTIC, KNOB-AND-TUBE WIRING, MOLD IN ATTIC,
WATER IN BASEMENT, ASBESTOS TAPE IN BASEMENT, AND ASBESTOS SHINGLES; AND
(III) THE RESULTS OF THE ENERGY AUDIT. SUCH DATA SHALL BE ANONYMIZED
AND AGGREGATED BY ZIP CODE AND BE MADE AVAILABLE ON SUCH GAS CORPO-
RATION, ELECTRIC CORPORATION, OR COMBINATION GAS AND ELECTRIC CORPO-
RATION'S WEBSITE.
6. 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 PILOT PROGRAM.
EACH GAS CORPORATION, ELECTRIC CORPORATION OR COMBINATION GAS AND ELEC-
TRIC CORPORATION SHALL DEFER ANY UNRECOVERED EXPENSES ASSOCIATED WITH AN
APPROVED OR MODIFIED WEATHERIZATION PILOT PROGRAM AS A REGULATORY ASSET
PENDING A SUBSEQUENT RATE OR OTHER DULY AUTHORIZED PROCEEDING. ALL UNRE-
COVERED EXPENSE BALANCES SHALL ACCRUE CARRYING CHARGES AT SUCH CORPO-
RATION'S PRE-TAX APPROVED RATE OF RETURN.
7. EACH GAS, ELECTRIC, OR COMBINATION GAS AND ELECTRIC CORPORATION
SHALL REPORT TO THE COMMISSION, ON A QUARTERLY BASIS, AND UNTIL
COMPLETION OF THE WEATHERIZATION PILOT PROGRAMS AS DETERMINED BY THE
COMMISSION, THE STATUS OF EACH WEATHERIZATION PILOT PROGRAM. THE COMMIS-
SION 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.
8. ANY WEATHERIZATION PILOT PROGRAM APPROVED OR MODIFIED UNDER THIS
SECTION SHALL REQUIRE THAT ENERGY AUDITS ARE CONDUCTED BY EMPLOYEES OF
THE GAS CORPORATION, ELECTRIC CORPORATION, OR COMBINATION GAS AND ELEC-
TRIC CORPORATION REPRESENTED BY A BONA FIDE LABOR ORGANIZATION OF JURIS-
DICTION THAT IS ACTIVELY ENGAGED IN REPRESENTING THE GAS CORPORATION,
ELECTRIC CORPORATION, AND COMBINATION GAS AND ELECTRIC CORPORATION
EMPLOYEES. THE USE OF CONTRACTORS IS PROHIBITED EXCEPT AS NECESSARY FOR
TRAINING OR IMPLEMENTATION OF THE PROGRAM.
9. EVERY WEATHERIZATION IMPROVEMENT PROJECT SHALL BE SUBJECT TO A
PROJECT LABOR AGREEMENT.
§ 4. This act shall take effect immediately.