S T A T E O F N E W Y O R K
________________________________________________________________________
8535
I N S E N A T E
February 9, 2024
___________
Introduced by Sen. GONZALEZ -- 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 authorities law, in relation to establishing
the green affordable pre-electrification program
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 "green affordable pre-electrification fund" (GAP fund).
§ 2. Legislative intent. The legislature finds that a significant
portion of the state's residential buildings are old and in disrepair.
This limits the eligibility of low- and moderate-income households for
residential energy efficiency, electrification, weatherization, instal-
lation of insulation, and resiliency programs (empower+). These programs
often do not cover the costs associated with renovations that would make
such homes eligible for such programs. Given the limitation of these
programs to help make these homes eligible, there is a critical need to
fund such improvements if the state is to comprehensively reduce emis-
sions from residential buildings and achieve our climate goals.
§ 3. The public authorities law is amended by adding a new section
1872-b to read as follows:
§ 1872-B. GREEN AFFORDABLE PRE-ELECTRIFICATION PROGRAM. 1. DEFI-
NITIONS. FOR THE PURPOSES OF THIS SECTION:
(A) "HOME" SHALL MEAN A RESIDENTIAL DWELLING WHICH IS OWNER OR TENANT
OCCUPIED.
(B) "ELIGIBLE APPLICANT" SHALL MEAN AN OWNER OR TENANT OF A RESIDEN-
TIAL BUILDING WHO WOULD BE INELIGIBLE FOR, OR WHO HAS BEEN DENIED, ANY
LOCAL, STATE OR FEDERAL INCENTIVES, GRANTS OR LOANS FOR IMPROVEMENTS OR
PROJECTS RELATING TO CLIMATE CHANGE ADAPTATION AND RESILIENCY DUE TO
STRUCTURAL DEFICIENCIES OR CODE VIOLATIONS WHICH MAKE THE BUILDING OR
PROPERTY INELIGIBLE OR UNSUITABLE FOR SUCH IMPROVEMENTS OR PROJECTS. THE
AUTHORITY MAY ALSO INCLUDE AS AN ELIGIBLE APPLICANT; A CITY, TOWN OR
VILLAGE; A HOUSING DEVELOPMENT FUND COMPANY INCORPORATED PURSUANT TO
ARTICLE ELEVEN OF THE PRIVATE HOUSING FINANCE LAW WHICH HAS AS ONE OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14425-03-4
S. 8535 2
ITS PRIMARY PURPOSES THE IMPROVEMENT OF HOUSING; A MUNICIPAL HOUSING
AUTHORITY CREATED PURSUANT TO THE PUBLIC HOUSING LAW; A PUBLIC BENEFIT
CORPORATION FORMED TO ASSIST PARTICULAR MUNICIPALITIES WITH THEIR HOUS-
ING, COMMUNITY DEVELOPMENT OR RENEWAL NEEDS; OR A COUNTY, PROVIDED,
HOWEVER, THAT THE COUNTY ACTS AS AN ADMINISTRATOR OF A PROGRAM UNDER
WHICH PROJECTS ARE CONSTRUCTED, REHABILITATED OR IMPROVED BY OTHER
ELIGIBLE APPLICANTS OR ACTS IN ANY OTHER CAPACITY AS PERMITTED BY LAW.
(C) "FINANCIAL AWARDS" SHALL MEAN INCENTIVES, GRANTS OR LOANS, AS
DETERMINED APPROPRIATE BY THE AUTHORITY.
(D) "ELIGIBLE REHABILITATION PROJECTS" SHALL MEAN ANY WORK NECESSARY
TO BRING A STRUCTURE INTO COMPLIANCE WITH APPLICABLE BUILDING CODES AND
REGULATIONS OR OTHER IMPROVEMENTS NEEDED TO MAKE THE BUILDING ELIGIBLE
FOR LOCAL, STATE, OR FEDERAL PROGRAMS, INCENTIVES, GRANTS, OR LOANS
RELATED TO IMPLEMENTING HOME IMPROVEMENTS RELATING TO CLIMATE CHANGE
ADAPTATION AND RESILIENCY, INCLUDING, BUT NOT LIMITED TO, ENERGY EFFI-
CIENCY, ELECTRIFICATION, WEATHERIZATION, OR THE INSTALLATION OF INSU-
LATION. PROJECTS UNDER THIS SECTION SHALL NOT INCLUDE THE INSTALLATION,
REPAIR, OR UPDATING OF EQUIPMENT WHICH USES FOSSIL FUELS INCLUDING, BUT
NOT LIMITED TO, GASOLINE, NATURAL GAS, DIESEL, HOME HEATING OIL, OR
COAL.
2. GENERAL AND ADMINISTRATIVE PROVISIONS. THE AUTHORITY SHALL PROMUL-
GATE RULES AND REGULATIONS FOR THE ADMINISTRATION OF THIS SECTION, IN
CONSULTATION WITH THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, TO
PROVIDE FINANCIAL AND TECHNICAL ASSISTANCE FOR THE COMPLETION OF ELIGI-
BLE REHABILITATION PROJECTS. SUCH RULES AND REGULATIONS SHALL INCLUDE
PROVISIONS CONCERNING THE ELIGIBILITY OF GRANTEES FOR STATE FINANCIAL
AWARDS; FUNDING CRITERIA AND THE FUNDING DETERMINATION PROCESS; SUPER-
VISION AND EVALUATION OF THE AWARDEES; AND SUCH OTHER MATTERS NOT INCON-
SISTENT WITH THE PURPOSES AND PROVISIONS OF THIS SECTION AS THE AUTHORI-
TY SHALL DEEM NECESSARY. THE AUTHORITY MAY PROVIDE TECHNICAL SERVICES
AND ASSISTANCE, OR CONTRACT TO PROVIDE TECHNICAL SERVICES AND ASSIST-
ANCE, TO AWARDEES TO FACILITATE COMPLIANCE WITH THE PROVISIONS AND
INTENT OF THIS SECTION WHICH MAY INCLUDE, BUT SHALL NOT BE LIMITED TO,
CONSTRUCTION SKILLS TRAINING, HOME INSPECTION, FINANCIAL PACKAGING, AND
ENGINEERING AND ARCHITECTURAL SERVICES NECESSARY FOR THE PREPARATION OF
PROPOSALS FOR ENTERING INTO CONTRACTS OR FOR THE CONTINUED OPERATION OF
PROJECTS.
3. GREEN REHABILITATION CONTRACTS. (A) SUBJECT TO AVAILABLE APPROPRI-
ATIONS, THE AUTHORITY IS HEREBY AUTHORIZED TO ENTER INTO CONTRACTS WITH
ELIGIBLE APPLICANTS TO PROVIDE FINANCIAL AWARDS FOR THE COMPLETION OF
ELIGIBLE REHABILITATION PROJECTS, SUBJECT TO THE TERMS AND CONDITIONS OF
THIS SECTION. ANY FINANCIAL AWARD RECEIVED BY A MUNICIPALITY HEREUNDER
SHALL NOT BE DEEMED TO BE MUNICIPAL FUNDS. RECIPIENTS OF FINANCIAL
AWARDS SHALL UTILIZE FUNDS PROVIDED PURSUANT TO THIS SECTION SOLELY TO
COVER OR REDUCE THE COST OF ELIGIBLE REHABILITATION PROJECTS. NO MORE
THAN FIFTY PERCENT OF THE TOTAL AMOUNT APPROPRIATED PURSUANT TO THIS
SECTION IN ANY FISCAL YEAR SHALL BE ALLOCATED TO HOMES LOCATED WITHIN A
SINGLE MUNICIPALITY.
(B) THE AUTHORITY SHALL STREAMLINE THE APPLICATION PROCESS BY INCORPO-
RATING THE GREEN AFFORDABLE PRE-ELECTRIFICATION PROGRAM INTO THE ELIGI-
BILITY SECTION OF EXISTING PROGRAM APPLICATIONS OFFERED BY THE AUTHORI-
TY.
(C) APPLICANTS MAY APPLY TO THE GREEN AFFORDABLE PRE-ELECTRIFICATION
PROGRAM CONCURRENTLY WITH OTHER EXISTING PROGRAMS UPON THE APPLICANT'S
PROVISION OF INFORMATION DETAILING ELIGIBLE REHABILITATION PROJECTS THAT
WOULD CAUSE THE APPLICANT TO BE DENIED FUNDING UNDER OTHER EXISTING
S. 8535 3
PROGRAMS. NOTWITHSTANDING ANY SECTION OF LAW TO THE CONTRARY, SUCH
CONCURRENT APPLICATION OR THE PROVISION OF A FINANCIAL AWARD BY THE
AUTHORITY SHALL NOT BE CAUSE TO DENY THE APPLICATION FOR FUNDING UNDER
OTHER EXISTING PROGRAMS.
(D) FINANCIAL AWARDS PROVIDED PURSUANT TO THIS SECTION SHALL COVER ONE
HUNDRED PERCENT OF ASSOCIATED COSTS FOR OWNERS OR TENANTS WITH INCOMES
UP TO EIGHTY PERCENT OF THE STATE MEDIAN INCOME, AND SEVENTY-FIVE
PERCENT OF ASSOCIATED COSTS FOR OWNERS OR TENANTS WITH INCOMES BETWEEN
EIGHTY-ONE AND ONE HUNDRED FIFTY PERCENT OF THE AREA MEDIAN INCOME,
WHICHEVER IS GREATER. NOTWITHSTANDING THE FOREGOING, THE AUTHORITY MAY
CAP TOTAL FINANCIAL AWARDS FOR EACH PROJECT PURSUANT TO THE FOLLOWING
SCHEDULE:
(I) FOR A RESIDENTIAL BUILDING WITH UP TO FOUR DWELLING UNITS: (A) A
MAXIMUM AWARD OF FORTY THOUSAND DOLLARS PER UNIT WHERE OWNERS OR TENANTS
HAVE INCOMES UP TO EIGHTY PERCENT OF THE STATE OR THE AREA MEDIAN
INCOME, WHICHEVER IS GREATER; AND (B) A MAXIMUM AWARD OF THIRTY-FIVE
THOUSAND DOLLARS PER UNIT WHERE OWNERS OR TENANTS HAVE INCOMES BETWEEN
EIGHTY-ONE AND ONE HUNDRED FIFTY PERCENT OF THE STATE OR THE AREA MEDIAN
INCOME, WHICHEVER IS GREATER;
(II) FOR A RESIDENTIAL BUILDING WITH MORE THAN FOUR BUT LESS THAN
FIFTY DWELLING UNITS: (A) A MAXIMUM AWARD OF TWENTY-FIVE THOUSAND
DOLLARS PER UNIT WHERE OWNERS OR TENANTS HAVE INCOMES UP TO EIGHTY
PERCENT OF THE STATE OR THE AREA MEDIAN INCOME, WHICHEVER IS GREATER;
AND (B) A MAXIMUM AWARD OF TWENTY THOUSAND DOLLARS PER UNIT WHERE OWNERS
OR TENANTS HAVE INCOMES BETWEEN EIGHTY-ONE AND ONE HUNDRED FIFTY PERCENT
OF THE STATE OR THE AREA MEDIAN INCOME, WHICHEVER IS GREATER; AND
(III) FOR A RESIDENTIAL BUILDING WITH MORE THAN FIFTY DWELLING UNITS A
MAXIMUM AWARD OF FIFTEEN THOUSAND DOLLARS PER UNIT WHERE OWNERS OR
TENANTS HAVE INCOMES UP TO ONE HUNDRED FIFTY PERCENT OF THE STATE OR THE
AREA MEDIAN INCOME, WHICHEVER IS GREATER.
(E) THE AUTHORITY MAY CAP TOTAL FINANCIAL AWARDS FOR EACH PROJECT.
(F) THE ELIGIBLE APPLICANT SHALL BE RESPONSIBLE TO SECURE ALL NECES-
SARY DESCRIPTIONS OF EXPENSES FOR ELIGIBLE PROJECTS AND ASSOCIATED
COSTS.
(G) ELIGIBLE REHABILITATION PROJECTS, IF NOT COMPLETED BY A NOT-FOR-
PROFIT CORPORATION, MAY BE COMPLETED BY A PRIVATE CONTRACTOR WHO HAS
AGREED TO LIMIT THEIR PROFIT IN ACCORDANCE WITH A FORMULA ESTABLISHED BY
THE AUTHORITY.
(H) THE AUTHORITY SHALL PRIORITIZE THE CONTRACTING OF FINANCIAL AWARDS
TO PROJECTS LOCATED WITHIN AN AREA WHICH IS AN ENVIRONMENTAL JUSTICE
COMMUNITY, BLIGHTED, DETERIORATED OR DETERIORATING, OR HAS A BLIGHTING
INFLUENCE ON THE SURROUNDING AREA, OR IS IN DANGER OF BECOMING A SLUM OR
A BLIGHTED AREA BECAUSE OF THE EXISTENCE OF SUBSTANDARD, INSANITARY,
DETERIORATING OR DETERIORATED CONDITIONS, AGED HOUSING STOCK, OR VACANT
NON-RESIDENTIAL PROPERTY, OR OTHER FACTORS INDICATING AN INABILITY OR
UNWILLINGNESS OF THE PRIVATE SECTOR UNAIDED TO CAUSE THE REHABILITATION
OF HOMES FOR WHICH FINANCIAL AWARDS UNDER THIS SECTION ARE PROVIDED.
(I) THE AUTHORITY SHALL PROVIDE APPLICANTS WITH A LIST OF CONDITIONS
THAT MUST BE MET PRIOR TO ENTERING INTO A CONTRACT PURSUANT TO THIS
SECTION. WITHIN FIFTEEN WORKING DAYS OF RECEIPT BY THE AUTHORITY OF ALL
DOCUMENTS IN SATISFACTION OF THE LIST, THE AUTHORITY SHALL NOTIFY THE
APPLICANT OF THE SUFFICIENCY OR INSUFFICIENCY OF THE DOCUMENTATION.
AFTER SATISFACTION BY THE APPLICANT OF ALL CONDITIONS REQUIRED BY THE
AUTHORITY, AND A DETERMINATION OF ELIGIBILITY, THE AUTHORITY SHALL ENTER
INTO THE CONTRACT WITHIN FORTY-FIVE WORKING DAYS OF SATISFACTION OF SUCH
CONDITIONS PROVIDED, HOWEVER, THAT SUFFICIENT FUNDING IS AVAILABLE.
S. 8535 4
(J) IN THE CASE OF PROJECTS THAT RECEIVE FINANCIAL AWARDS OF OVER
FORTY THOUSAND DOLLARS, THE AUTHORITY MAY ESTABLISH RESTRICTIONS ON THE
SALE OF THE RESIDENCE OR ITS SUBUNITS TO QUALIFIED LOW-INCOME HOMEBUYERS
FOR A PERIOD OF AT LEAST SIXTY YEARS, BUT NO MORE THAN NINETY-NINE
YEARS, AND THE AUTHORITY MAY ENSURE THIS RESTRICTION BY USE OF DEED
RESTRICTIONS, COMMUNITY LAND TRUSTS, OR LIMITED-EQUITY COOPERATIVE
OWNERSHIP STRUCTURES.
(K) IN DETERMINING FINANCIAL AWARDS PURSUANT TO THIS SECTION, THE
AUTHORITY SHALL GIVE PREFERENCE TO APPLICATIONS BASED UPON THE EXTENT TO
WHICH THE PROPOSED REHABILITATION PROJECT WILL:
(I) SERVE THE LOWEST INCOME HOUSEHOLDS IN THE APPLICABLE REGION AND IS
DESIGNED TO CONTINUE TO BE AFFORDABLE TO SUCH HOUSEHOLDS FOR A SUBSTAN-
TIAL PERIOD OF TIME;
(II) LEVERAGE PRIVATE AND OTHER PUBLIC INVESTMENT SO AS TO REDUCE THE
AMOUNT OF ASSISTANCE PROVIDED PURSUANT TO THIS SECTION WHICH IS NECES-
SARY TO COMPLETE SUCH PROJECTS;
(III) CONTRIBUTE TO THE REHABILITATION OF THE NEIGHBORHOOD OR COMMUNI-
TY IN WHICH THE PROGRAM IS LOCATED;
(IV) NOT DIRECTLY DISPLACE CURRENT LOW- AND MODERATE-INCOME RESIDENTS
OF SUCH NEIGHBORHOOD OR COMMUNITY;
(V) BE UNDERTAKEN AND COMPLETED IN A TIMELY FASHION; AND
(VI) UTILIZE INNOVATIVE, COST-EFFECTIVE DESIGN TECHNIQUES AND BUILDING
MATERIALS WHICH ENABLE THE DECONSTRUCTION OF STRUCTURES AND REUSE OR
RECYCLING OF SUCH DECONSTRUCTED MATERIALS, AND WHICH REDUCE
CONSTRUCTION, REHABILITATION, OR OPERATING COSTS.
(L) THE AUTHORITY SHALL PROVIDE FOR THE REVIEW, AT PERIODIC INTERVALS
NOT LESS THAN ANNUALLY, OF THE PERFORMANCE OF CONTRACTED APPLICANTS AND
RELATED REHABILITATION PROJECTS RECEIVING FINANCIAL AWARDS PURSUANT TO
THIS SECTION. SUCH REVIEW SHALL, AMONG OTHER THINGS, BE FOR THE PURPOSES
OF ASCERTAINING CONFORMITY TO CONTRACTUAL PROVISIONS, THE FINANCIAL
INTEGRITY AND EFFICIENCY OF AWARDEES AND THE EVALUATION OF THEIR ACTIV-
ITIES. CONTRACTS ENTERED INTO PURSUANT TO THIS SECTION MAY BE TERMI-
NATED, FUNDS MAY BE WITHHELD AND UNSPENT FUNDS RECAPTURED BY THE AUTHOR-
ITY UPON A FINDING OF SUBSTANTIAL NONPERFORMANCE OR BREACH BY THE
AWARDEE OF ITS OBLIGATIONS UNDER ITS CONTRACT.
(M) NO CONTRACT MADE PURSUANT TO THIS SECTION SHALL BE LESS THAN FORTY
THOUSAND DOLLARS WITH RESPECT TO A HOME OWNED OR OCCUPIED BY RESIDENTS
EARNING LESS THAN EIGHTY-ONE PERCENT OF AREA MEDIAN INCOME OR STATE
MEDIAN INCOME, WHICHEVER IS GREATER.
4. REPORTING. NO LATER THAN SEPTEMBER FIRST FOLLOWING THE FIRST FISCAL
YEAR COMMENCING AFTER THE EFFECTIVE DATE OF THIS SECTION, AND EACH
SEPTEMBER FIRST THEREAFTER, THE AUTHORITY SHALL PREPARE A REPORT ON THE
GREEN AFFORDABLE PRE-ELECTRIFICATION PROGRAM PURSUANT TO THIS SECTION
AND SUBMIT SUCH REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
SENATE, AND THE SPEAKER OF THE ASSEMBLY. SUCH REPORT SHALL INCLUDE, BUT
NOT BE LIMITED TO: THE TOTAL NUMBER OF APPLICANTS, THE NUMBERS OF APPLI-
CANTS ACCEPTED AND REJECTED, AND THE NUMBER OF APPLICATIONS PENDING FOR
THAT FISCAL YEAR; THE TOTAL NUMBER AND VALUE OF FINANCIAL AWARDS
DISBURSED; THE IDENTIFICATION OF BARRIERS TO THE UTILIZATION OF FINAN-
CIAL AWARDS AND PROPOSED SOLUTIONS FOR THE REMOVAL OF THOSE BARRIERS TO
EFFECTUATE DISBURSAL OF FINANCIAL AWARDS.
5. LABOR STANDARDS. THE AUTHORITY SHALL ESTABLISH A QUALITY CONTROL,
CORRECTIVE ACTION, AND INSPECTION PROCESS TO ENSURE THAT WORK QUALITY IS
ACCEPTABLE AND DURABLE. ANY CONTRACTOR PERFORMING WORK UNDER THIS
SECTION SHALL VERIFY THAT THEY HAVE ENTERED INTO A LABOR PEACE AGREEMENT
WITH A BONA FIDE LABOR ORGANIZATION THAT IS ACTIVELY ENGAGED IN REPRES-
S. 8535 5
ENTING OR ATTEMPTING TO REPRESENT THE APPLICANT'S EMPLOYEES AND THE
MAINTENANCE OF SUCH A LABOR PEACE AGREEMENT SHALL BE AN ONGOING MATERIAL
CONDITION OF RECEIVING FUNDS FROM THE AUTHORITY.
§ 4. Severability. If any clause, sentence, paragraph, subdivision,
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 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.
§ 5. This act shall take effect immediately.
