S T A T E O F N E W Y O R K
________________________________________________________________________
4134
2023-2024 Regular Sessions
I N S E N A T E
February 3, 2023
___________
Introduced by Sens. PARKER, ADDABBO, BAILEY, BRESLIN, BRISPORT, BROUK,
CLEARE, GIANARIS, GOUNARDES, HARCKHAM, HINCHEY, HOYLMAN-SIGAL, JACK-
SON, KAVANAGH, KRUEGER, LIU, MAY, MYRIE, RAMOS, RIVERA, SALAZAR,
SANDERS, SEPULVEDA, SERRANO, SKOUFIS -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Energy and
Telecommunications
AN ACT to amend the public authorities law, in relation to implementing
the "New York State Build Public Renewables 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 "New York State Build Public Renewables Act".
§ 2. Section 1005 of the public authorities law is amended by adding
fourteen new subdivisions 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40,
41, 42, and 43 to read as follows:
30. (A) THE AUTHORITY IS AUTHORIZED AND DIRECTED TO PURCHASE, ACQUIRE,
PLAN, DESIGN, ENGINEER, FINANCE, CONSTRUCT, OPERATE, MANAGE, IMPROVE
AND/OR MAINTAIN ANY RENEWABLE ENERGY PROJECT.
(B) FOR THE PURPOSES OF THIS SUBDIVISION AND SUBDIVISIONS THIRTY-ONE,
THIRTY-TWO, THIRTY-THREE, THIRTY-FOUR, THIRTY-FIVE, THIRTY-SIX, THIRTY-
SEVEN, THIRTY-EIGHT, THIRTY-NINE, FORTY, FORTY-ONE, FORTY-TWO AND
FORTY-THREE OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
ING MEANINGS:
(I) "RENEWABLE ENERGY" SHALL HAVE THE SAME MEANING AS RENEWABLE ENERGY
SYSTEMS AS SET FORTH IN SECTION SIXTY-SIX-P OF THE PUBLIC SERVICE LAW.
(II) "RENEWABLE ENERGY PROJECT" SHALL BE DEFINED AS ALL INFRASTRUCTURE
WHICH GENERATES, STORES, DISTRIBUTES OR TRANSMITS RENEWABLE ENERGY OR
THERMAL ENERGY AS DEFINED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH, AND
INCLUDES THE CONSTRUCTION, INSTALLATION AND/OR OPERATION OF ANCILLARY
FACILITIES OR EQUIPMENT DONE IN CONNECTION WITH ANY SUCH RENEWABLE ENER-
GY GENERATING PROJECTS, INCLUDING, BUT NOT LIMITED TO, ENERGY STORAGE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00338-01-3
S. 4134 2
SYSTEMS, ELECTRIC VEHICLE CHARGING INFRASTRUCTURE AND OFFSHORE WIND
SUPPORT AND INSTALLATION VESSELS OWNED BY THE AUTHORITY, AND THE
PRODUCTION, USE, AND SALE OF GREEN HYDROGEN DEFINED AS HYDROGEN PRODUCED
THROUGH ELECTROLYSIS POWERED USING ONE HUNDRED PERCENT RENEWABLE ENERGY.
31. WHERE A RENEWABLE ENERGY SITE APPROPRIATE FOR NEW YORK STATE FALLS
INTO FEDERAL JURISDICTION, THE AUTHORITY MAY PARTICIPATE IN LEASE
AUCTIONS IN AN ATTEMPT TO OBTAIN OWNERSHIP OF THAT AREA.
32. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE AUTHORITY
SHALL, ON OR AFTER JANUARY FIRST, TWO THOUSAND THIRTY-ONE, ONLY GENERATE
RENEWABLE ENERGY AND SHALL ONLY PURCHASE, ACQUIRE, PLAN, DESIGN, ENGI-
NEER, FINANCE, AND CONSTRUCT GENERATION AND TRANSMISSION FACILITIES FOR
THE PURPOSE OF GENERATING, STORING, DISTRIBUTING AND TRANSMITTING RENEW-
ABLE ENERGY. THE AUTHORITY SHALL PHASE OUT ITS USE OF EXISTING NON-RE-
NEWABLE GENERATION NO LATER THAN DECEMBER THIRTIETH, TWO THOUSAND THIR-
TY-ONE, UNLESS THE AUTHORITY PROVIDES TO ITS TRUSTEES, AND MAKES
PUBLICLY AVAILABLE, AN ATTESTATION IN WRITING, SIGNED BY THE INDEPENDENT
SYSTEM OPERATOR AND A REPRESENTATIVE OF THE REGIONAL CLEAN ENERGY HUB IN
WHICH THE FACILITY IS LOCATED, IDENTIFYING THE EXISTENCE OF A RELIABIL-
ITY NEED. THE AUTHORITY SHALL WORK WITH THE NEW YORK STATE ENERGY
RESEARCH AND DEVELOPMENT AUTHORITY TO PROVIDE ANY FUNDING NECESSARY FOR
A REGIONAL CLEAN ENERGY HUB TO MEET THE NEEDS OF THIS SUBDIVISION. THE
AUTHORITY, IN CONSULTATION WITH THE INDEPENDENT SYSTEM OPERATOR, SHALL
ENSURE THAT THE PHASE OUT OF ITS EXISTING NON-RENEWABLE GENERATION DOES
NOT LEAD TO AN INCREASE IN THE DELIVERY OF OUT-OF-STATE NON-RENEWABLE
GENERATION INTO THE NEW YORK STATE ELECTRIC GRID. FOR THE PURPOSES OF
THIS SUBDIVISION, A "RELIABILITY NEED" MEANS AN ELECTRICITY SYSTEM NEED,
WHICH IF UNMET, WOULD RESULT IN A VIOLATION OF THE ELECTRIC POWER SYSTEM
PLANNING AND OPERATING POLICIES, STANDARDS, CRITERIA, GUIDELINES, PROCE-
DURES, AND RULES PROMULGATED BY THE NORTH AMERICAN ELECTRIC RELIABILITY
CORPORATION ("NERC"), NORTHEAST POWER COORDINATING COUNCIL ("NPCC"), AND
THE NEW YORK STATE RELIABILITY COUNCIL ("NYSRC"), AS THEY MAY BE AMENDED
FROM TIME TO TIME.
(B) THE AUTHORITY SHALL PRIORITIZE FUNDING, SITING, BUILDING, AND
OWNING RENEWABLE ENERGY PROJECTS WHICH: (I) ACTIVELY BENEFIT DISADVAN-
TAGED COMMUNITIES AS DEFINED BY THE CLIMATE JUSTICE WORKING GROUP; (II)
MINIMIZE HARM TO WILDLIFE, ECOSYSTEMS, PUBLIC HEALTH, AND PUBLIC SAFETY;
(III) DO NOT VIOLATE INDIGENOUS RIGHTS OR SOVEREIGNTY; AND (IV) WHICH
ARE THE MOST COST-EFFECTIVE TO THE STATE ACCORDING TO THE BEST AVAILABLE
COST MODELING RESEARCH. THE TYPES OF RENEWABLE ENERGY PROJECTS THE
AUTHORITY BUILDS SHALL BE DETERMINED AND PRIORITIZED IN CONSULTATION
WITH AFFECTED LABOR UNIONS AND COMMUNITY ORGANIZATIONS VIA THE NEW YORK
STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY'S REGIONAL CLEAN ENERGY
HUBS.
33. (A) WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SUBDIVISION,
THE AUTHORITY SHALL MAKE PUBLIC A TEN-YEAR CLIMATE AND RESILIENCY PLAN.
SUCH CLIMATE AND RESILIENCY PLAN SHALL BE DESIGNED TO MINIMIZE COSTS TO
RATEPAYERS, WHILE BALANCING THE INTERESTS OF EMPLOYEES, GRID RELIABILITY
AND RESILIENCY, DISADVANTAGED COMMUNITIES AS DEFINED BY THE CLIMATE
JUSTICE WORKING GROUP, AND THE ENVIRONMENT. SUCH PLAN SHALL BE DEVELOPED
IN CONSULTATION WITH THE NEW YORK STATE INDEPENDENT SYSTEM OPERATOR,
THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, THE
NEW YORK STATE DEPARTMENT OF PUBLIC SERVICE, AND CLIMATE AND RESILIENCY
EXPERTS, LABOR ORGANIZATIONS, ENVIRONMENTAL JUSTICE COMMUNITIES, RESI-
DENTIAL AND SMALL BUSINESS RATEPAYER ADVOCATES, AND COMMUNITY ORGANIZA-
TIONS VIA THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORI-
TY'S REGIONAL CLEAN ENERGY HUBS. SUCH RESILIENCY PLAN SHALL OUTLINE THE
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RENEWABLE ENERGY PROJECTS THE AUTHORITY PLANS TO BUILD, HOW THE AUTHORI-
TY PLANS TO PHASE OUT NON-RENEWABLE ASSETS AND HOW THE AUTHORITY PLANS
TO COMPLY WITH THE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT AND
THE RENEWABLE ENERGY TARGETS IN SUBDIVISIONS THIRTY-TWO AND THIRTY-FOUR
OF THIS SECTION, AND EFFORTS TO IMPROVE ENERGY AND ELECTRIC GRID RESILI-
ENCY. THE AUTHORITY SHALL UPDATE SUCH PLAN ANNUALLY, AFTER PUBLIC
COMMENT AND A HEARING. SUCH UPDATED PLAN SHALL INCLUDE A REVIEW OF THE
STATE'S PROGRESS TOWARDS THE RENEWABLE ENERGY GOALS OF THE CLIMATE LEAD-
ERSHIP AND COMMUNITY PROTECTION ACT. IF THE AUTHORITY, IN CONSULTATION
WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY,
DETERMINES THAT THE RENEWABLE ENERGY GOALS OF THE CLIMATE LEADERSHIP AND
COMMUNITY PROTECTION ACT ARE NOT LIKELY TO BE MET WITHIN THE TIMEFRAME
ESTABLISHED BY THE LAW, THE AUTHORITY SHALL INCLUDE IN THE UPDATED PLAN
THE RENEWABLE ENERGY PROJECTS IT PLANS TO BUILD TO ENSURE THE STATE
MEETS SUCH GOALS, INCLUDING THE PERMIT APPLICATIONS SUBMITTED, THE STAGE
OF EACH PROJECT IN THE DEVELOPMENT PROCESS, WHEN SUCH PROJECTS ARE
EXPECTED TO BE COMMISSIONED, AND ANY BARRIERS TO DEPLOYMENT EXPERIENCED
BY THE AUTHORITY. IF THE AUTHORITY HAS IDENTIFIED A RELIABILITY NEED TO
MAINTAIN ITS EXISTING NON-RENEWABLE GENERATION PURSUANT TO SUBDIVISION
THIRTY-TWO OF THIS SECTION, THE AUTHORITY SHALL IDENTIFY IN THE ANNUAL
REPORT THE RENEWABLE ENERGY PROJECT, ENERGY STORAGE PROJECT, TRANS-
MISSION OR DISTRIBUTION INFRASTRUCTURE, DEMAND RESPONSE, OR OTHER SUCH
PROJECT OR PROJECTS THAT THE AUTHORITY, OR ANOTHER ENTITY, ONLY IF SUCH
ENTITY HAS OBTAINED ALL THE NECESSARY PERMITS AND HAS BEGUN
CONSTRUCTION, PLANS TO DEVELOP TO MEET THE RELIABILITY NEED.
(B) WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SUBDIVISION, THE
AUTHORITY SHALL MAKE PUBLIC A DEMOCRATIZATION PLAN, WITH A MANDATE TO
IMPLEMENT THE PLAN WITHIN TWO YEARS OF ITS COMPLETION. SUCH PLAN SHALL
BE CREATED IN PARTNERSHIP WITH, AND CODESIGNED WITH, A STATEWIDE ALLI-
ANCE OF COMMUNITY ORGANIZATIONS WITH AT LEAST FIVE YEARS' HISTORY OF
WORKING ON ENERGY DEMOCRACY AND IMPLEMENTATION ISSUES, PROVIDING FUNDING
FOR THIS ALLIANCE AS NECESSARY FOR THEIR PARTICIPATION IN THE COMPLETION
OF THE PLAN. SUCH PLAN SHALL ENSURE THAT THE SCALE UP OF RENEWABLE BUILD
OUT ACROSS THE STATE OCCURS IN LINE WITH THE PRINCIPLES OF ENERGY DEMOC-
RACY AND TRANSPARENCY.
(C) THE AUTHORITY SHALL HOLD AT LEAST EIGHT PUBLIC HEARINGS WITHIN TWO
YEARS OF THE EFFECTIVE DATE OF THIS SUBDIVISION RELATED TO THE CLIMATE
AND RESILIENCY PLAN. THE HEARING SHALL BE PUBLICIZED IN VARIOUS FORMS
OF MEDIA, INCLUDING BUT NOT LIMITED TO THE AUTHORITY'S WEBSITE, LOCAL
NEWSPAPERS AND SOCIAL MEDIA PLATFORMS, AND SHALL ALSO BE ACCESSIBLE VIA
LIVESTREAM. IN ADVANCE OF SUCH HEARING, THE AUTHORITY SHALL CONSPICU-
OUSLY POST WRITTEN NOTICE OF SUCH HEARING IN ALL AUTHORITY FACILITIES
AND NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY REGIONAL
CLEAN ENERGY HUBS ON A SIGN POSTED AT EACH FACILITY ENTRANCE AND EXIT
USED BY EMPLOYEES, AND SHALL PROVIDE AT LEAST TWO WEEKS ADVANCE NOTICE
OF SUCH HEARING TO AUTHORITY CUSTOMERS BY DIRECTLY COMMUNICATING SUCH
NOTICE TO CUSTOMER PHONE, EMAIL AND MAILING LISTS. HEARINGS SHALL BE
PERMITTED BETWEEN 12:00 PM TO 3:00 PM AND 6:00 PM TO 9:00 PM, AND THE
AUTHORITY SHALL PROVIDE ALL SPEAKERS WITH THE OPTION TO SIGN UP TO SPEAK
WITHIN THOSE THREE HOUR WINDOWS SUCH THAT NO SPEAKER SHALL WAIT LONGER
THAN THREE HOURS TO SPEAK. IN ADDITION TO ORAL TESTIMONY, WRITTEN
TESTIMONY FROM THE PUBLIC FOR SUCH HEARINGS SHALL BE ACCEPTED BY THE
AUTHORITY NO LESS THAN TWO WEEKS AFTER EACH HEARING. EACH SPEAKER SHALL
HAVE AT LEAST THREE MINUTES TO SPEAK, AND A REMOTE OPTION SHALL BE
PROVIDED FOR SUBMITTING COMMENTS VIA VIDEO CONFERENCE, PHONE, INCLUDING
SHORT MESSAGE SERVICES (SMS) TEXT MESSAGES AND/OR WRITTEN COMMENT, WHICH
S. 4134 4
SHALL BE READ ALOUD. PROVISIONS FOR TRANSLATION SERVICES, AMERICAN SIGN
LANGUAGE INTERPRETATION, CLOSED CAPTIONING, AND ACCESS TO ACCOMMODATIONS
PROVIDED BY THE AMERICANS WITH DISABILITIES ACT SHALL BE PROVIDED UPON
REQUEST.
(D) THE AUTHORITY SHALL MAINTAIN ALL DATA, MEETING MINUTES, RECORDINGS
AND DOCUMENTS THAT DO NOT INCLUDE PERSONAL CUSTOMER INFORMATION, INCLUD-
ING BUT NOT LIMITED TO DEPRECIATION SCHEDULES, ANNUAL FINANCIAL STATE-
MENTS OF ITEMIZED SPENDING, ENVIRONMENTAL IMPACT STATEMENTS, COST-BENE-
FIT ANALYSES, CLIMATE AND RESILIENCY PLANS, RENEWABLE ENERGY PROJECT
PLANS, AND ANNUAL REPORTS ON OPERATIONS, CUSTOMER SERVICE, RELIABILITY,
RESILIENCY AND SUSTAINABILITY. ALL SUCH DATA, MEETING MINUTES,
RECORDINGS AND DOCUMENTS SHALL BE MADE AVAILABLE ON THE AUTHORITY'S
WEBSITE, OR OTHERWISE MADE ACCESSIBLE BY THE AUTHORITY UPON REQUEST.
ALL SUCH RECORDS SHALL BE MAINTAINED AS BUSINESS RECORDS FOR A MINIMUM
OF TEN YEARS. THE STATE COMPTROLLER SHALL AUDIT THE AUTHORITY AT LEAST
ONCE EVERY TWO YEARS UNTIL TWO THOUSAND THIRTY-ONE TO ASCERTAIN WHETHER
THE AUTHORITY IS IN COMPLIANCE WITH THE RENEWABLE ENERGY TARGETS
OUTLINED IN THIS SUBDIVISION AND SUBDIVISIONS THIRTY-TWO, THIRTY-FOUR
AND THIRTY-FIVE OF THIS SECTION AND WHETHER THE AUTHORITY'S SPENDING AND
OPERATIONS ARE EFFECTIVELY AND EFFICIENTLY PROMOTING THE COMMON GOOD.
THE MOST RECENT COMPTROLLER AUDITS SHALL ALSO BE MADE AVAILABLE ON THE
AUTHORITY'S WEBSITE, OR OTHERWISE MADE ACCESSIBLE BY THE AUTHORITY UPON
REQUEST.
(E) (I) THE AUTHORITY, IN CONSULTATION WITH THE NEW YORK STATE ENERGY
RESEARCH AND DEVELOPMENT AUTHORITY AND THE PUBLIC SERVICE COMMISSION,
SHALL DEVELOP AND CONDUCT AN ENERGY EFFICIENCY AND ENERGY AUDIT PROGRAM
TO IDENTIFY PUBLIC BUILDINGS MOST IN NEED OF RETROFITS AND EFFICIENCY
MEASURES. SUCH PROGRAM SHALL PROVIDE FOR THE INSTALLATION OF RENEWABLE
HEATING AND COOLING SYSTEMS, AND, WHEN FEASIBLE, OTHER GREEN BUILDING
PROJECTS AS DEFINED IN SECTION 58-0101 OF THE ENVIRONMENTAL CONSERVATION
LAW, IN PUBLIC HOUSING AND PUBLIC SCHOOLS BY THE YEAR TWO THOUSAND THIR-
TY-SIX, PRIORITIZING FIRST PUBLIC AFFORDABLE HOUSING AND PUBLIC SCHOOLS
IN DISADVANTAGED COMMUNITIES. THE AUTHORITY SHALL HIRE AUTHORITY EMPLOY-
EES OR CONTRACTORS TO PERFORM ENERGY AUDITS, RETROFITS AND OTHER EFFI-
CIENCY PROGRAMS FOR THESE BUILDINGS, AND PROVIDE INCENTIVES, IN CONJUNC-
TION WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY,
FOR ENERGY EFFICIENT APPLIANCES AND INDUCTION STOVES, AS NEEDED, TO MEET
THE CLIMATE GOALS OUTLINED IN THE CLIMATE LEADERSHIP AND COMMUNITY
PROTECTION ACT. IF THE BUILDINGS SELECTED FOR THIS PROGRAM NEED MOLD
REMEDIATION MEASURES OR LEAD ABATEMENT MEASURES TO BE CARRIED OUT BEFORE
ENERGY EFFICIENCY MEASURES CAN BE SAFELY IMPLEMENTED, THE AUTHORITY
SHALL ALSO HIRE EMPLOYEES OR CONTRACTORS TO PERFORM LEAD ABATEMENT MEAS-
URES AND/OR MOLD REMEDIATION MEASURES FOR THESE BUILDINGS.
(II) THE AUTHORITY SHALL ANNUALLY POST ON ITS WEBSITE A REPORT EVALU-
ATING THE ENERGY EFFICIENCY PROGRAM, INCLUDING, BUT NOT LIMITED TO, THE
NUMBER OF CUSTOMERS SERVED BY THE EFFICIENCY PROGRAM, THE CUSTOMER DEMO-
GRAPHICS, THE NUMBER OF RETROFITS AND ENERGY AUDITS PERFORMED, THE
NUMBER OF JOBS CREATED AND EMPLOYEE DEMOGRAPHICS, AND THE AMOUNT OF
ENERGY AND DOLLARS SAVED AS A RESULT OF THE PROGRAM.
(III) ALL WORK SUBJECT TO THIS SUBDIVISION SHALL BE CONSIDERED PUBLIC
WORK, SUBJECT TO ARTICLES EIGHT AND NINE OF THE LABOR LAW, AND SHALL
UTILIZE A PROJECT LABOR AGREEMENT. FOR PURPOSES OF THIS SUBDIVISION,
"PROJECT LABOR AGREEMENT" SHALL MEAN A PRE-HIRE COLLECTIVE BARGAINING
AGREEMENT BETWEEN THE AUTHORITY, OR A THIRD PARTY ON BEHALF OF THE
AUTHORITY, AND A BONA FIDE BUILDING AND CONSTRUCTION TRADE LABOR ORGAN-
IZATION ESTABLISHING THE LABOR ORGANIZATION AS THE COLLECTIVE BARGAINING
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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 APPRENTICESHIP AGREEMENTS AS DEFINED
BY ARTICLE TWENTY-THREE OF THE LABOR LAW.
(F) THE AUTHORITY SHALL SUBMIT AN ANNUAL REPORT TO THE GOVERNOR AND TO
THE LEGISLATURE WHICH SHALL BE MADE AVAILABLE TO THE PUBLIC. SUCH REPORT
SHALL INCLUDE THE:
(A) TEN YEAR CLIMATE AND RESILIENCY PLAN DESCRIBED IN PARAGRAPH (A) OF
THIS SUBDIVISION;
(B) AMOUNT OF ENERGY PRODUCED BY EACH FACILITY;
(C) ENERGY TRANSFERRED BETWEEN FACILITIES WITHIN THE AUTHORITY;
(D) ENERGY TRANSFERRED OUTSIDE OF THE AUTHORITY FOR SALE;
(E) KILOWATT-HOUR SALES BY PROJECT;
(F) REVENUES AND COSTS FOR EACH PROJECT FACILITY;
(G) ACCUMULATED PROVISION FOR DEPRECIATION OF EACH PROJECT FACILITY;
(H) FINANCIAL AND OPERATING INFORMATION OF THE ENERGY EFFICIENCY
PROGRAM;
(I) ENROLLMENT IN AND EFFECTIVENESS OF RENEWABLE ENERGY AUTO-ENROLL-
MENT, RETROFIT, AND ENERGY EFFICIENT APPLIANCE PROGRAMS;
(J) ANY PROJECTED RATE INCREASE FOR THE YEAR; AND
(K) AN ANALYSIS OF THE AUTHORITY'S ACTIONS TO ENSURE THE STATE WILL
MEET THE RENEWABLE ENERGY GOALS OF THE CLIMATE LEADERSHIP AND COMMUNITY
PROTECTION ACT.
34. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ON OR AFTER JANUARY
FIRST, TWO THOUSAND THIRTY-ONE, THE AUTHORITY SHALL BE THE SOLE PROVIDER
OF ELECTRICITY TO ALL STATE OWNED, LEASED, CONTROLLED, OR OPERATED
BUILDINGS AND ON OR AFTER JANUARY FIRST, TWO THOUSAND THIRTY-SIX, THE
AUTHORITY SHALL BE THE SOLE PROVIDER OF ELECTRICITY TO ALL MUNICIPAL
OWNED, LEASED, CONTROLLED, OR OPERATED BUILDINGS THAT USE ELECTRICITY.
A MUNICIPAL OWNED, LEASED, CONTROLLED, OR OPERATED BUILDING THAT USES
ELECTRICITY MAY ELECT NOT TO RECEIVE ITS ENERGY SUPPLY FROM THE AUTHORI-
TY IF (I) THE AUTHORITY'S ENERGY SUPPLY RATE IS HIGHER THAN THE ENERGY
SUPPLY RATE OF THE UTILITY IN THE MUNICIPAL BUILDING'S SERVICE TERRITO-
RY, AS DETERMINED BY THE TWELVE-MONTH AVERAGE UTILITY SUPPLY RATE; (II)
THE MUNICIPAL BUILDING IS BEING SERVED BY A MUNICIPAL ELECTRIC UTILITY
THAT SHALL SUPPLY ONLY RENEWABLE ENERGY TO THE BUILDING; OR (III) THE
MUNICIPAL BUILDING ELECTS TO PARTICIPATE IN A COMMUNITY CHOICE AGGRE-
GATION PROGRAM THAT SHALL SUPPLY ONLY RENEWABLE ENERGY TO THE BUILDING.
35. (A) THE AUTHORITY IS AUTHORIZED TO SELL OR PROVIDE RENEWABLE ENER-
GY TO RESIDENTIAL END-USE CUSTOMERS AND CCA COMMUNITIES. ANY EXCESS
RENEWABLE ENERGY PRODUCED BY THE AUTHORITY AND NOT USED OR STORED BY
STATE OR MUNICIPAL OWNED OR LEASED BUILDINGS SHALL BE SOLD DIRECTLY TO
LOW-TO-MODERATE INCOME HOUSEHOLDS FIRST, PRIORITIZING LOW-TO-MODERATE
INCOME HOUSEHOLDS IN DISADVANTAGED COMMUNITIES, AND AT A RATE THAT IS
FIFTY PERCENT LESS THAN THE ENERGY SUPPLY RATE OF THE UTILITY IN THE
CUSTOMER'S SERVICE TERRITORY. ANY REMAINING EXCESS RENEWABLE ENERGY
PRODUCED BY THE AUTHORITY SHALL BE SOLD TO RESIDENTIAL END-USE CUSTOMERS
OR CCA'S AT THE WHOLESALE COST. FOR THE PURPOSES OF THIS PARAGRAPH, THE
TERM "LOW-TO-MODERATE INCOME HOUSEHOLDS" SHALL MEAN HOUSEHOLDS WITH
ANNUAL INCOMES AT OR BELOW EIGHTY PERCENT OF THE AREA MEDIAN INCOME OF
THE COUNTY OR METRO AREA WHERE THEY RESIDE.
(B) WITHIN THREE YEARS FOLLOWING THE EFFECTIVE DATE OF THIS SUBDIVI-
SION, THE AUTHORITY'S TRUSTEES, IN CONSULTATION WITH THE NEW YORK STATE
ENERGY RESEARCH AND DEVELOPMENT AUTHORITY'S REGIONAL CLEAN ENERGY HUBS,
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SHALL DEVELOP A PROGRESSIVE RATE STRUCTURE BASED ON INCOME AND ENERGY
USAGE TO BE OFFERED TO END-USE CUSTOMERS AND CCA COMMUNITIES.
(C) THE AUTHORITY SHALL WORK WITH THE OFFICE OF TEMPORARY AND DISABIL-
ITY ASSISTANCE TO ASSIST LOW-INCOME CUSTOMERS TO ACCESS THE LOW INCOME
HOME ENERGY ASSISTANCE PROGRAM AND OTHER UTILITY BENEFITS AND SHALL
OFFER DEFERRED PAYMENT AGREEMENT PAYMENT PLANS FOR CUSTOMERS THAT FALL
INTO ARREARS.
(D) THE AUTHORITY IS AUTHORIZED TO SELL UP TO THIRTY PERCENT OF THE
ELECTRICITY THAT IT PROVIDES TO RESIDENTIAL AND COMMERCIAL CUSTOMERS TO
CUSTOMERS OF THE LONG ISLAND POWER AUTHORITY, ESTABLISHED UNDER TITLE
ONE-A OF THIS ARTICLE, AND THE LONG ISLAND POWER AUTHORITY IS AUTHORIZED
TO PURCHASE THIS POWER.
36. ALL NEW RENEWABLE ENERGY PROJECTS SUBJECT TO THIS SECTION SHALL BE
CONSIDERED PUBLIC WORK, SUBJECT TO ARTICLES EIGHT AND NINE OF THE LABOR
LAW AND SHALL UTILIZE A PROJECT LABOR AGREEMENT. FOR PURPOSES OF THIS
SUBDIVISION, "PROJECT LABOR AGREEMENT" SHALL MEAN A PRE-HIRE COLLECTIVE
BARGAINING AGREEMENT BETWEEN THE AUTHORITY, OR A THIRD PARTY ON BEHALF
OF THE AUTHORITY, AND A BONA FIDE BUILDING AND CONSTRUCTION TRADE LABOR
ORGANIZATION ESTABLISHING THE LABOR ORGANIZATION 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 ORGAN-
IZATION CAN PERFORM PROJECT WORK. ALL CONTRACTORS AND SUBCONTRACTORS
ASSOCIATED WITH THIS WORK SHALL BE REQUIRED TO UTILIZE APPRENTICESHIP
AGREEMENTS AS DEFINED BY ARTICLE TWENTY-THREE OF THE LABOR LAW.
37. THE AUTHORITY, IN CONSULTATION WITH LABOR ORGANIZATIONS, SHALL
DEVELOP A COMPREHENSIVE PLAN TO TRANSITION, TRAIN, OR RETRAIN EMPLOYEES
THAT ARE IMPACTED BY THE NEW YORK STATE BUILD PUBLIC RENEWABLES ACT, AND
SHALL ESTABLISH AND CONTRIBUTE TO A JUST TRANSITION FUND THAT SHALL MAKE
FUNDING AVAILABLE FOR WORKER TRANSITION AND RETRAINING.
38. THE AUTHORITY SHALL INCLUDE REQUIREMENTS IN ANY PROCUREMENT OR
DEVELOPMENT OF A RENEWABLE ENERGY PROJECT, AS DEFINED IN SUBDIVISION
THIRTY OF THIS SECTION, THAT THE COMPONENTS AND PARTS SHALL BE SUPPLIED
WITH EQUIPMENT PRODUCED OR MADE IN WHOLE OR SUBSTANTIAL PART IN THE
UNITED STATES, ITS TERRITORIES OR POSSESSIONS. THE AUTHORITY'S TRUSTEES,
IN CONSULTATION WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT
AUTHORITY, MAY WAIVE THE PROCUREMENT AND DEVELOPMENT REQUIREMENTS SET
FORTH IN THIS SUBDIVISION IF THE TRUSTEES DETERMINE THAT: THE REQUIRE-
MENTS WOULD NOT BE IN THE PUBLIC INTEREST; THE REQUIREMENTS WOULD RESULT
IN UNREASONABLE COSTS; OBTAINING SUCH INFRASTRUCTURE COMPONENTS AND
PARTS IN THE UNITED STATES WOULD INCREASE THE COST OF A RENEWABLE ENERGY
PROJECT BY AN UNREASONABLE AMOUNT; OR SUCH COMPONENTS OR PARTS CANNOT BE
PRODUCED, MADE, OR ASSEMBLED IN THE UNITED STATES IN SUFFICIENT AND
REASONABLY AVAILABLE QUANTITIES OR OF SATISFACTORY QUALITY. SUCH DETER-
MINATION MUST BE MADE ON AN ANNUAL BASIS NO LATER THAN DECEMBER THIRTY-
FIRST AFTER PROVIDING NOTICE AND AN OPPORTUNITY FOR PUBLIC COMMENT, AND
BE MADE PUBLICLY AVAILABLE, IN WRITING, ON THE AUTHORITY'S WEBSITE WITH
A DETAILED EXPLANATION OF THE FINDINGS LEADING TO SUCH DETERMINATION. IF
THE AUTHORITY'S TRUSTEES HAVE ISSUED DETERMINATIONS FOR THREE CONSEC-
UTIVE YEARS THAT NO SUCH WAIVER IS WARRANTED PURSUANT TO THIS SUBDIVI-
SION, THEN THE AUTHORITY SHALL NO LONGER BE REQUIRED TO PROVIDE THE
ANNUAL DETERMINATION REQUIRED BY THIS SUBDIVISION.
39. THE AUTHORITY SHALL WORK WITH EXISTING WORKFORCE DEVELOPMENT
PROGRAMS, UNION APPRENTICESHIP PROGRAMS, AND REGIONAL COMMUNITY ENERGY
HUBS TO PUBLISH A REPORT ON THE WAYS THAT THE CONSTRUCTION OF RENEWABLE
PROJECTS CAN BEST SUPPORT THE DEVELOPMENT OF SKILLED, WELL PAID LOCAL
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WORKFORCES IN THE RENEWABLE ENERGY SECTOR, AND SHALL PROVIDE FINANCIAL
SUPPORT THROUGH THE JUST TRANSITION FUND ESTABLISHED PURSUANT TO SUBDI-
VISION THIRTY-SEVEN OF THIS SECTION FOR PRE-APPRENTICESHIP PROGRAMS
THROUGH LOCAL COMMUNITY BASED ORGANIZATIONS THAT WORK WITH DISADVANTAGED
COMMUNITIES AND UNION RUN WORKFORCE DEVELOPMENT INSTITUTIONS, WHERE
THIS SUPPORT IS FOUND TO BE NECESSARY TO THE EFFECTIVE DEVELOPMENT OF
THIS WORKFORCE ACCORDING TO THE REPORT.
40. FOR ENERGY PROJECTS THAT THE AUTHORITY BUILDS ON PROPERTIES OF THE
NEW YORK CITY HOUSING AUTHORITY, INCLUDING HEAT PUMP INSTALLATIONS,
RETROFITS, WEATHERIZATION MEASURES, AND LEAD, MOLD, AND ASBESTOS REMEDI-
ATION, BOTH THE AUTHORITY AND ITS CONTRACTORS SHALL PRIORITIZE HIRING
RESIDENTS OF THESE PROPERTIES, PROVIDED THAT RESIDENTS MEET CONSIDER-
ATIONS OF AVAILABILITY, INTEREST, SKILL LEVEL AND TRAINING. NO
PROVISIONS OF THIS SUBDIVISION SHALL ALTER THE STATUS OF ANY SECTION 9
HOUSING. THE AUTHORITY SHALL CONSULT THE RESIDENTS OR OCCUPANTS OF ALL
PUBLIC BUILDINGS WHERE THE AUTHORITY IS BUILDING PROJECTS TO ASSESS
THEIR NEEDS AND MINIMIZE DISRUPTION, NUISANCE, PUBLIC HEALTH RISKS, AND
DISPLACEMENT DURING ANY REMEDIATION, RETROFIT, WEATHERIZATION, HEAT PUMP
INSTALLATIONS, OR OTHER CONSTRUCTION THE AUTHORITY OR ITS CONTRACTORS
PERFORM. ALL WORK SUBJECT TO THIS SUBDIVISION SHALL BE CONSIDERED
PUBLIC WORK, SUBJECT TO ARTICLES EIGHT AND NINE OF THE LABOR LAW, AND
SHALL UTILIZE A PROJECT LABOR AGREEMENT. FOR PURPOSES OF THIS SUBDIVI-
SION, "PROJECT LABOR AGREEMENT" SHALL MEAN A PRE-HIRE COLLECTIVE
BARGAINING AGREEMENT BETWEEN THE AUTHORITY, OR A THIRD PARTY ON BEHALF
OF THE AUTHORITY, AND A BONA FIDE BUILDING AND CONSTRUCTION TRADE LABOR
ORGANIZATION ESTABLISHING THE LABOR ORGANIZATION 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 ORGAN-
IZATION CAN PERFORM PROJECT WORK. ALL CONTRACTORS AND SUBCONTRACTORS
ASSOCIATED WITH THIS WORK SHALL BE REQUIRED TO UTILIZE APPRENTICESHIP
AGREEMENTS AS DEFINED BY ARTICLE TWENTY-THREE OF THE LABOR LAW.
41. (A) NOTHING IN THE NEW YORK STATE BUILD PUBLIC RENEWABLES ACT
SHALL ALTER THE RIGHTS OR BENEFITS, AND PRIVILEGES, INCLUDING, BUT NOT
LIMITED TO TERMS AND CONDITIONS OF EMPLOYMENT, CIVIL SERVICE STATUS, AND
COLLECTIVE BARGAINING UNIT MEMBERSHIP, OF ANY CURRENT EMPLOYEES OF THE
AUTHORITY.
(B) NOTHING IN THE NEW YORK STATE BUILD PUBLIC RENEWABLES ACT SHALL
RESULT IN: (I) THE DISCHARGE, DISPLACEMENT, OR LOSS OF POSITION, INCLUD-
ING PARTIAL DISPLACEMENT SUCH AS A REDUCTION IN THE HOURS OF NON-OVER-
TIME WORK, WAGES, OR EMPLOYMENT BENEFITS; (II) THE IMPAIRMENT OF EXIST-
ING COLLECTIVE BARGAINING AGREEMENTS; (III) THE TRANSFER OF EXISTING
DUTIES AND FUNCTIONS; OR (IV) THE TRANSFER OF FUTURE DUTIES AND FUNC-
TIONS, OF ANY CURRENTLY EMPLOYED WORKER IMPACTED BY THIS ACT WHO AGREES
TO BE RETRAINED.
42. THE AUTHORITY SHALL ENTER INTO A MEMORANDUM OF UNDERSTANDING FOR
THE OPERATION AND MAINTENANCE OF A RENEWABLE ENERGY PROJECT DEVELOPED
PURSUANT TO THE NEW YORK STATE BUILD PUBLIC RENEWABLES ACT WITH A BONA
FIDE LABOR ORGANIZATION OF JURISDICTION THAT IS ACTIVELY ENGAGED IN
REPRESENTING TRANSITIONING EMPLOYEES FROM NON-RENEWABLE GENERATION
FACILITIES. SUCH MEMORANDUM SHALL BE ENTERED INTO PRIOR TO THE
COMPLETION DATE OF A RENEWABLE ENERGY PROJECT AND SHALL BE AN ONGOING
MATERIAL CONDITION OF AUTHORIZATION TO OPERATE AND MAINTAIN A RENEWABLE
ENERGY PROJECT DEVELOPED PURSUANT TO THE NEW YORK STATE BUILD PUBLIC
RENEWABLES ACT. THE MEMORANDUM SHALL ONLY APPLY TO THE EMPLOYEES NECES-
SARY FOR THE MAINTENANCE AND OPERATION OF SUCH RENEWABLE ENERGY GENER-
S. 4134 8
ATION PROJECTS. SUCH MEMORANDUM SHALL CONTAIN BUT NOT BE LIMITED TO
SAFETY AND TRAINING STANDARDS, DISASTER RESPONSE MEASURES, GUARANTEED
HOURS, STAFFING LEVELS, PAY RATE PROTECTION AND RETRAINING PROGRAMS. THE
EMPLOYEES ELIGIBLE FOR THESE POSITIONS SHALL FIRST BE SELECTED FROM AND
OFFERED TO A POOL OF TRANSITIONING WORKERS WHO HAVE LOST THEIR EMPLOY-
MENT OR WILL BE LOSING THEIR EMPLOYMENT IN THE NON-RENEWABLE ENERGY
GENERATION SECTOR. SUCH LIST OF POTENTIAL EMPLOYEES WILL BE PROVIDED BY
AFFECTED UNIONS AND PROVIDED TO THE DEPARTMENT OF LABOR. THE DEPARTMENT
OF LABOR SHALL UPDATE AND PROVIDE SUCH LIST TO THE AUTHORITY NINETY DAYS
PRIOR TO PURCHASE, ACQUISITION, AND/OR CONSTRUCTION OF ANY PROJECT UNDER
THE NEW YORK STATE BUILD PUBLIC RENEWABLES ACT.
43. THE AUTHORITY SHALL COMPLY WITH THE OBJECTIVES AND GOALS OF CERTI-
FIED MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES PURSUANT TO ARTICLE
FIFTEEN-A OF THE EXECUTIVE LAW AND CERTIFIED SERVICE-DISABLED VETERAN-
OWNED BUSINESSES PURSUANT TO ARTICLE THREE OF THE VETERANS' SERVICES
LAW. THE AUTHORITY, IN CONSULTATION WITH THE COMMISSIONER OF THE DIVI-
SION OF MINORITY AND WOMEN'S BUSINESS DEVELOPMENT AND THE DIRECTOR OF
THE DIVISION OF SERVICE-DISABLED VETERANS' BUSINESS DEVELOPMENT SHALL
MAKE TRAINING AND RESOURCES AVAILABLE TO ASSIST MINORITY AND WOMEN-OWNED
BUSINESS ENTERPRISES AND SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTER-
PRISES ON RENEWABLE ENERGY PROJECTS TO ACHIEVE AND MAINTAIN COMPLIANCE
WITH PREVAILING WAGE REQUIREMENTS. THE AUTHORITY SHALL MAKE SUCH TRAIN-
ING AND RESOURCES AVAILABLE ONLINE AND SHALL AFFORD MINORITY AND WOMEN-
OWNED BUSINESS ENTERPRISES AND SERVICE-DISABLED VETERAN-OWNED BUSINESS
ENTERPRISES AN OPPORTUNITY TO SUBMIT COMMENTS ON SUCH TRAINING.
§ 3. Section 1003 of the public authorities law, as amended by chapter
766 of the laws of 2005, is amended to read as follows:
§ 1003. Trustees. 1. The authority shall consist of [seven] SEVENTEEN
trustees, five of whom shall serve respectively for terms of one, two,
three, four and five years, to be appointed by the governor, by and with
the advice and consent of the senate. The sixth and seventh trustees
shall be appointed by the governor, by and with the advice and consent
of the senate, and shall serve initial terms of one and two years
respectively. ALL OTHER TRUSTEES SHALL BE APPOINTED AS FOLLOWS: TWO BY
THE GOVERNOR, FOUR BY THE TEMPORARY PRESIDENT OF THE SENATE, AND FOUR BY
THE SPEAKER OF THE ASSEMBLY, AND SHALL PROPORTIONALLY BE SELECTED FROM
LABOR UNION REPRESENTATIVES THAT REPRESENT BOTH EMPLOYEES OF THE AUTHOR-
ITY AND EMPLOYEES OF CONSTRUCTION CONTRACTORS OF THE AUTHORITY, ENVIRON-
MENTAL JUSTICE ADVOCATES, COMMUNITY RENEWABLE ENERGY ADVOCATES, CONSUMER
ADVOCATES, AND BUILDING ELECTRIFICATION AND ENERGY EFFICIENCY EXPERTS.
FOR ANY APPOINTMENT AND VACANT TRUSTEE POSITION, THE NEW YORK STATE
ENERGY RESEARCH AND DEVELOPMENT AUTHORITY'S CLEAN ENERGY HUBS SHALL
SELECT QUALIFIED CANDIDATES THAT SHALL BE GIVEN REASONABLE CONSIDERATION
FOR AN APPOINTMENT AS TRUSTEE BY THE GOVERNOR, SENATE, AND ASSEMBLY.
Each trustee shall hold office until a successor has been appointed and
qualified OR UNTIL REMOVED BY A MAJORITY VOTE OF THE LEGISLATURE OR THE
GOVERNOR. At the expiration of the term of each trustee and of each
succeeding trustee [the governor shall, by and with the advice and
consent of the senate, appoint a successor, who shall hold office for a
term of five years, or until a successor has been appointed and quali-
fied. In the event of a vacancy occurring in the office of the trustee
by death, resignation or otherwise, the governor shall, by and with the
advice and consent of the senate, appoint a successor, who shall hold
office for the unexpired term. Four trustees shall constitute a quorum
for the purpose of organizing the authority and conducting the business
thereof.], OR THE EVENT OF A VACANCY OCCURRING IN THE OFFICE OF THE
S. 4134 9
TRUSTEE BY DEATH, RESIGNATION OR OTHERWISE, THE ORIGINAL ENTITIES WHO
APPOINTED THAT TRUSTEE SHALL APPOINT A SUCCESSOR, AFTER CONSIDERATION OF
CLEAN ENERGY HUB CANDIDATES, WHO SHALL HOLD OFFICE FOR THE UNEXPIRED
TERM. NINE TRUSTEES SHALL CONSTITUTE A QUORUM FOR THE PURPOSE OF ORGAN-
IZING THE AUTHORITY AND CONDUCTING THE BUSINESS THEREOF. ANY AUTHORITY
TRUSTEE OR BOARD MEMBER MAY BE TERMINATED BY EITHER A MAJORITY VOTE OF
THE SENATE OR ASSEMBLY, OR BY THE GOVERNOR. REASONS FOR TERMINATION MAY
INCLUDE, BUT ARE NOT LIMITED TO: FAILURE TO MEET THE RENEWABLE ENERGY
TARGETS OUTLINED IN THIS BILL; CONFLICTS OF INTEREST; FAILURE TO PRIOR-
ITIZE CLIMATE JUSTICE, ENVIRONMENTAL JUSTICE, OR ECONOMIC JUSTICE IN THE
AUTHORITY'S OPERATIONS; SEXUAL ASSAULT OR HARASSMENT; OR CORRUPTION.
2. The trustee chosen as chairman as provided in section one thousand
four of this title, shall receive an annual salary which shall be set by
the trustees of the authority, and which shall not exceed the salary
prescribed for the positions listed in paragraph (f) of subdivision one
of section one hundred sixty-nine of the executive law. [Each other
trustee shall not receive a salary or other compensation.] Each trustee
shall receive his or her reasonable expenses in the performance of his
or her duties hereunder. The trustee chosen as chairman may elect to
become a member of the New York state and local employees' retirement
system on the basis of such compensation to which he or she shall be
entitled as herein provided notwithstanding the provisions of any gener-
al, special or local law, municipal charter, or ordinance.
§ 4. Nothing in this act shall impact the power authority of the state
of New York's existing recharge New York power program, existing hydro-
power allocations to any municipal and cooperative electric utility
customers, or any other power allocation program managed by such author-
ity.
§ 5. Nothing in this act is intended to limit, impair, or affect the
legal authority of the power authority of the state of New York under
any other provision of title 1 of article 5 of the public authorities
law.
§ 6. No section of this act or any action required to be taken under
this act shall be delayed or made contingent upon the completion of the
plan required by subdivision 33 of section 1005 of the public authori-
ties law, as added by section two of this act.
§ 7. Severability clause. If any clause, sentence, paragraph, subdi-
vision, or section of this act shall be adjudged by any court of compe-
tent jurisdiction to be invalid, such judgment shall not affect, impair,
or invalidate the remainder thereof, but shall be confined in its opera-
tion to the clause, sentence, paragraph, subdivision, or section thereof
directly involved in the controversy in which such judgment 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.
§ 8. This act shall take effect immediately.
