S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2469
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2023
                                ___________
 
 Introduced by Sens. PARKER, BRISPORT, GOUNARDES, HINCHEY, HOYLMAN-SIGAL,
   JACKSON,  MAY,  RAMOS,  SALAZAR,  SEPULVEDA  -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Energy
   and Telecommunications
 
 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-u to read as follows:
   § 66-U. 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;
   (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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06250-01-3
 S. 2469                             2
              

 
 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.
   (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.
 S. 2469                             3
 
   §  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
 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.
 S. 2469                             4
 
   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.