§ 5. Sections 1, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 of chapter 106
of the laws of 2019, constituting the New York state climate leadership
and community protection act are REPEALED.
§ 6. Subdivision c of section 4-207.1 of the administrative code of
the city of New York as added by local law number 99 of the city of New
York for the year 2024, is amended to read as follows:
c. In meeting the requirements of subdivision b of this section, the
department shall prioritize the installation of photovoltaic systems in
disadvantaged communities, as defined by FORMER section 75-0101 of the
environmental conservation law.
§ 7. The third undesignated paragraph of subdivision a of section
25-120 of the administrative code of the city of New York, as added by
local law number 172 of the city of New York for the year 2023, is
amended to read as follows:
Disadvantaged community. The term "disadvantaged community" means a
disadvantaged community identified pursuant to FORMER section 75-0111 of
the environmental conservation law.
§ 8. Subdivision 18-a of section 16-102 of the energy law, as added by
chapter 374 of the laws of 2022, is amended to read as follows:
18-a. "Greenhouse gas" means "greenhouse gas" as defined in subdivi-
sion seven of FORMER section 75-0101 of the environmental conservation
law.
§ 9. Paragraph (d) of subdivision 1 of section 16-106 of the energy
law, as added by chapter 374 of the laws of 2022, is amended to read as
follows:
(d) To adopt regulations to achieve the purposes of this article. Such
regulations shall ensure that compliance therewith will not result in a
net increase in co-pollutant emissions or otherwise disproportionately
burden disadvantaged communities [as identified by the climate justice
working group established under section 75-0111 of the environmental
conservation law]. In order to increase public participation and improve
the efficacy of any efficiency standards adopted pursuant to subdivision
(b) or (c) of this section, the president shall, before publication of a
notice of proposed rule making, conduct public meetings to provide mean-
ingful opportunities for public comment from all segments of the popu-
lation that would be impacted by the standards or regulations, including
persons living in disadvantaged communities [as identified by the
climate justice working group established under section 75-0111 of the
environmental conservation law];
§ 10. Subdivision 9 of section 8-0105 of the environmental conserva-
tion law, as added by chapter 840 of the laws of 2022, is amended to
read as follows:
9. "Disadvantaged community" shall have the same meaning as subdivi-
sion five of FORMER section 75-0101 of this chapter.
§ 11. Subdivisions 32 and 33 of section 27-1405 of the environmental
conservation law, as added by section 1 of part LL of chapter 58 of the
laws of 2022, are amended to read as follows:
32. "Disadvantaged community" shall mean a community that is identi-
fied pursuant to FORMER section 75-0111 of this chapter.
33. "Renewable energy facility site" shall mean real property: (a)
that is used for a renewable energy system, as defined in FORMER section
sixty-six-p of the public service law; or (b) any co-located system
storing energy generated from such a renewable energy system prior to
delivering it to the bulk transmission, sub-transmission, or distrib-
ution system.
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§ 12. Subdivision 3 of section 54-1511 of the environmental conserva-
tion law, as amended by section 1 of part S of chapter 58 of the laws of
2024, is amended to read as follows:
3. State assistance payments shall not exceed fifty percent of the
project cost or two million dollars, whichever is less, provided however
if a municipality meets criteria established by the department relating
to either financial hardship or disadvantaged communities pursuant to
FORMER section 75-0101 of this chapter, the commissioner may authorize
state assistance payments of up to eighty percent of the project cost or
two million dollars, whichever is less. Such costs are subject to final
computation and determination by the commissioner upon completion of the
project, and shall not exceed the maximum eligible cost set forth in the
contract. A determination of financial hardship shall be based on crite-
ria that clearly indicates that the municipality is experiencing signif-
icant and widespread financial distress, with primary consideration
given to whether a municipality has a median household income at or
below eighty percent of the state median household income.
§ 13. Subdivision 4 of section 58-0101 of the environmental conserva-
tion law, as added by section 2 of part OO of chapter 58 of the laws of
2022, is amended to read as follows:
4. "Disadvantaged communities" shall mean a community that is identi-
fied pursuant to FORMER section 75-0111 of this chapter.
§ 14. Paragraph (a) of subdivision 1 and paragraph (a) of subdivision
5 of section 70-0118 of the environmental conservation law, paragraph
(a) of subdivision 1 as amended and paragraph (a) of subdivision 5 as
added by chapter 49 of the laws of 2023, are amended to read as follows:
(a) "Disadvantaged communities" shall have the same meaning as subdi-
vision five of FORMER section 75-0101 of this chapter.
(a) relevant baseline data on existing burdens, including from rele-
vant criteria used to designate the particular disadvantaged communities
pursuant to subdivision one of FORMER section 75-0111 of this chapter;
§ 15. Subdivisions 8 and 15 of section 76-0101 of the environmental
conservation law, as amended by chapter 100 of the laws of 2025, are
amended to read as follows:
8. "Covered greenhouse gas emissions" means, with respect to any enti-
ty, the total quantity of greenhouse gas emissions, expressed in metric
tons of carbon dioxide equivalent, as defined in FORMER section 75-0101
of this chapter, attributable to the total amount of fossil fuels
extracted by that entity during the covered period, as well as the total
amount of crude oil refined by that entity during the covered period.
For the purposes of this article, covered greenhouse gas emissions
include those emissions attributable to all fossil fuel extraction and
refining worldwide by such entity and are not limited to such emissions
within the state.
15. "Greenhouse gas" shall have the same definition as in FORMER
section 75-0101 of this chapter.
§ 16. Paragraph g of subdivision 2, paragraph h of subdivision 6,
subdivision 7, and clause 1 of subparagraph (iii) of paragraph a of
subdivision 10 of section 76-0103 of the environmental conservation law,
paragraph g of subdivision 2, paragraph h of subdivision 6, and clause 1
of subparagraph (iii) of paragraph a of subdivision 10 as amended and
subdivision 7 as added by chapter 100 of the laws of 2025, are amended
to read as follows:
g. To allocate funds in such a way as to achieve a goal that at least
forty percent of the qualified expenditures from the program, but not
less than thirty-five percent of such expenditures, shall go to climate
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change adaptive infrastructure projects that benefit disadvantaged
communities as defined in FORMER section 75-0101 of this chapter.
h. provide opportunities for public engagement in all regions of the
state, including by holding at least two public hearings, one in-person
and one virtual, with meaningful opportunities for participation and
public comment from all segments of the population, including persons
living in disadvantaged communities as identified pursuant to FORMER
section 75-0111 of this chapter, a minimum of sixty days' public notice
in compliance with the provisions of article seven of the public offi-
cers law, on a draft of the plan, a summary and analysis of the public
comments and a description of any changes made to the plan based on the
public comments received.
7. Total qualifying expenditures shall be allocated in such a way as
to achieve a goal that at least forty percent of the qualified expendi-
tures from the program, but not less than thirty-five percent of such
expenditures, shall go to climate change adaptive infrastructure
projects that benefit disadvantaged communities as defined in FORMER
section 75-0101 of this chapter.
(1) expenditures that benefit disadvantaged communities as defined in
FORMER section 75-0101 of this chapter;
§ 17. Subdivision 21 of section 854 of the general municipal law, as
added by section 5 of part X of chapter 59 of the laws of 2021, is
amended to read as follows:
(21) "Renewable energy project" shall mean any project and associated
real property on which the project is situated, that utilizes any system
or equipment as set forth in section four hundred eighty-seven of the
real property tax law or as defined pursuant to paragraph b of subdivi-
sion one of FORMER section sixty-six-p of the public service law as
added by chapter one hundred six of the laws of two thousand nineteen.
§ 18. Subdivisions 1 and 2 of section 224-d of the labor law, subdivi-
sion 1 as amended by section 31 of part O of chapter 58 of the laws of
2024 and subdivision 2 as added by section 2 of part AA of chapter 56 of
the laws of 2021, are amended to read as follows:
1. For purposes of this section, a "covered renewable energy system"
means (a) a renewable energy system, as such term is defined in FORMER
section sixty-six-p of the public service law, with a capacity of one or
more megawatts alternating current and which involves the procurement of
renewable energy credits by a public entity, or a company or corporation
provided in subdivisions twenty-three and twenty-four of section two of
the public service law, or a third party acting on behalf and for the
benefit of a public entity; (b) any "thermal energy network" as defined
by subdivision twenty-nine of section two of the public service law; (c)
any offshore wind supply chain project, including but not limited to
port infrastructure, primary component manufacturing, finished component
manufacturing, subassembly manufacturing, subcomponent manufacturing, or
raw material producers, or a combination thereof receiving direct fund-
ing from the New York state energy research and development authority
pursuant to an award under a New York state energy research and develop-
ment authority solicitation; or (d) a "major utility transmission facil-
ity" as such term is defined by section one hundred twenty of the public
service law.
2. Notwithstanding the provisions of section two hundred twenty-four-a
of this article, a covered renewable energy system shall be subject to
prevailing wage requirements in accordance with sections two hundred
twenty and two hundred twenty-b of this article. Provided that a renewa-
ble energy system defined in FORMER section sixty-six-p of the public
A. 10082 5
service law which is not considered to be covered by this section, may
still otherwise be considered a "covered project" pursuant to section
two hundred twenty-four-a of this article if it meets such definition.
§ 19. Subparagraphs (iv) and (vii) of paragraph (i) of subdivision
27-a, paragraph (a) and subparagraph (iv) of paragraph (c) of subdivi-
sion 27-b, and paragraph (a) of subdivision 27-c of section 1005 of the
public authorities law, subparagraphs (iv) and (vii) of paragraph (i) of
subdivision 27-a as added by section 1, paragraph (a) and subparagraph
(iv) of paragraph (c) of subdivision 27-b as added by section 2 and
paragraph (a) of subdivision 27-c as added by section 5 of part QQ of
chapter 56 of the laws of 2023, are amended to read as follows:
(iv) "Disadvantaged communities" has the meaning ascribed to that term
by subdivision five of FORMER section 75-0101 of the environmental
conservation law.
(vii) "Renewable energy system" has the same meaning as FORMER section
sixty-six-p of the public service law.
(a) Definitions. For purposes of this subdivision, the following terms
shall have the following meanings:
(i) "bill credit" means a monthly monetary credit which is funded by
the authority, as further determined by the public service commission
and appears on the utility bill of a low-income or moderate-income end-
use electricity consumer located in a disadvantaged community, for
renewable energy produced by renewable energy systems developed,
constructed, owned, or contracted for by the power authority of the
state of New York and injected into a distribution or transmission
facility at one or more points in New York state, together with any
enhanced incentive payments for a community distributed generation
project serving a disadvantaged community provided for in paragraph (b)
of subdivision seven of FORMER section sixty-six-p of the public service
law, together with any other funding made available by the authority for
such purposes;
(ii) "disadvantaged community" means a community defined as a disad-
vantaged community in accordance with article seventy-five of the envi-
ronmental conservation law;
(iii) "jurisdictional load serving entity" has the same meaning as
defined in paragraph (a) of subdivision one of FORMER section
sixty-six-p of the public service law;
(iv) "low-income or moderate-income end-use consumer" shall mean end-
use customers of electric corporations and combination gas and electric
corporations regulated by the public service commission whose income is
found to be below the state median income based on household size;
(v) "renewable energy" means electrical energy produced by a renewable
energy system;
(vi) "renewable energy systems" has the same meaning as defined in
paragraph (b) of subdivision one of FORMER section sixty-six-p of the
public service law; and
(vii) "qualified energy storage system" has the same meaning as
defined in subdivision one of section seventy-four of the public service
law.
(iv) enter into contracts for purposes of implementing REACH, includ-
ing but not limited to agreements with developers, owners and operators
of renewable energy systems, and agreements with jurisdictional load
serving entities and the Long Island power authority, or its service
provider, to provide for bill credits to end-use electricity consumers
in disadvantaged communities for renewable energy produced by renewable
energy systems, upon terms and conditions approved by the public service
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commission pursuant to subdivisions seven and eight of FORMER section
sixty-six-p of the public service law.
(a) Within two years of the effective date of this subdivision, the
authority shall publish a plan providing for the proposed phase out, by
December thirty-first, two thousand thirty, of the production of elec-
tric energy from its small natural gas power plants. The plan shall
include a proposed strategy to replace, where appropriate, the small
natural gas power plants with renewable energy systems, as defined in
FORMER section sixty-six-p of the public service law, including renewa-
ble energy generating projects authorized pursuant to subdivision twen-
ty-seven-a of this section provided such projects shall be included in
the strategic plan established pursuant to subdivision twenty-seven-a of
this section. By December thirty-first, two thousand thirty, the author-
ity shall cease production of electricity at each of its small natural
gas power plants should the authority determine that such plant or
plants, or the electricity production therefrom are not needed for any
of the following purposes: (i) emergency power service; or (ii) electric
system reliability, including but not limited to, operating facilities
to maintain power system requirements for facility thermal limits, volt-
age limits, frequency limits, fault current duty limits, or dynamic
stability limits, in accordance with the system reliability standards of
the North American electric reliability corporation, criteria of the
northeast power coordinating council, rules of the New York state reli-
ability council, and as applicable, reliability rules of the utility in
whose service territory a small natural gas power plant is located.
Notwithstanding any other provision of this paragraph, the authority may
continue to produce electric energy at any of the small natural gas
power plants if existing or proposed replacement generation resources
would result in more than a de minimis net increase of emissions of
carbon dioxide or criteria air pollutants within a disadvantaged commu-
nity as defined in subdivision five of FORMER section 75-0101 of the
environmental conservation law. The authority shall file deactivation
notices with the federally designated electric bulk system operator for
the state of New York for the purpose of ceasing electricity production
from the small natural gas power plants in a timeframe sufficient to
facilitate the cessation of electricity production pursuant to this
paragraph.
§ 20. Subdivision 24, the opening paragraph of subdivision 25 and the
opening paragraph of subdivision 26 of section 1854 of the public
authorities law, as added by section 1 of part TT of chapter 56 of the
laws of 2023, are amended to read as follows:
24. All revenues generated pursuant to regulations or actions taken by
the department, the authority or any other state entity, pursuant to
FORMER sections 75-0107 and 75-0109 of the environmental conservation
law, shall be placed into a segregated authority funding account, estab-
lished pursuant to section eighteen hundred fifty-nine of this title,
prior to programmatic or administrative allocation, and shall not be
commingled with other authority funds.
Within thirty days following receipt of revenues generated pursuant to
regulations or actions taken by the department, the authority or any
other state entity pursuant to FORMER sections 75-0107 and 75-0109 of
the environmental conservation law, the authority shall make the follow-
ing transfers from such segregated authority funding account:
Climate affordability study. The authority and the department of envi-
ronmental conservation, in consultation with the division of the budget,
the department of public service, and the department of taxation and
A. 10082 7
finance, shall conduct a study and issue a report with recommendations
for the use of moneys transferred to the consumer climate action account
established pursuant to section ninety-nine-qq of the state finance law.
Such report shall be guided by the final scoping plan prepared pursuant
to FORMER section 75-0103 of the environmental conservation law and
shall consider, among other things: (a) structure and distribution of
benefits in an equitable manner, accounting for potential dispropor-
tionate impacts to low-income households and disadvantaged communities;
(b) implementation of a variety of mechanisms to meet the varied needs
of the people of the state, which may include direct payments, tax cred-
its, transit vouchers, utility assistance, or other financial benefits
that are reasonable and practicable; (c) financial benefits that ensure
that individuals receiving means-tested government assistance receive
benefits that will not constitute income for purposes of any such
means-tested government assistance programs; and (d) benefit programs
that limit the administrative effort required of recipients. Such study
shall be completed by the first of January, two thousand twenty-four,
and shall be delivered to the governor and the legislature.
§ 21. Subdivisions 3 and 4 of section 1911 of the public authorities
law, subdivision 3 as added by chapter 759 of the laws of 2023 and
subdivision 4 as amended by chapter 106 of the laws of 2024, are amended
to read as follows:
3. "Disadvantaged communities" shall have the same meaning as defined
in subdivision five of FORMER section 75-0101 of the environmental
conservation law.
4. "Renewable energy" shall have the same meaning as defined in FORMER
section sixty-six-p of the public service law.
§ 22. Paragraph (s) of subdivision 1 of section 207 of the public
health law, as added by chapter 294 of the laws of 2024, is amended to
read as follows:
(s) Promoting public awareness of the dangers of fatal and non-fatal
drowning, including but not limited to the unique risk factors and expo-
sures associated with infant and early drowning, childhood and teenage
drowning and adult drowning, the disparate risk of drowning in disadvan-
taged communities identified pursuant to FORMER section 75-0111 of the
environmental conservation law and with individuals with a mental disa-
bility as defined by subdivision three of section 1.03 of the mental
hygiene law, and methods to reduce the risks of drowning, including but
not limited to water safety instruction, swim lessons, and awareness of
water based risks.
§ 23. Subdivision 1 of section 66-r of the public service law, as
added by section 2-a of part AA of chapter 56 of the laws of 2021, is
amended to read as follows:
1. For the purposes of this section, a "covered renewable energy
system" means a renewable energy system, as such term is defined in
FORMER section sixty-six-p of this article, with a capacity of greater
than five megawatts alternating current and which involves the procure-
ment of renewable energy credits by a public entity, or a third party
acting on behalf and for the benefit of a public entity.
§ 24. Subdivision 2 of section 66-t of the public service law, as
added by chapter 375 of the laws of 2022, is amended to read as follows:
2. Within three months of the effective date of this section, each of
the seven largest gas, electric, or combination gas and electric corpo-
rations shall submit to the commission for review and approval at least
one and as many as five proposed pilot thermal energy network projects.
In developing the pilot project proposals, at least one pilot project in
A. 10082 8
each utility territory shall be proposed in a disadvantaged community as
defined in subdivision five of FORMER section 75-0101 of the environ-
mental conservation law, and if a utility proposes four or more pilot
projects, at least two shall be proposed in disadvantaged communities.
Each utility shall coordinate with other utility participants, the New
York state energy research and development authority, and consultants
with expertise on successful pilot projects to ensure that the pilot
projects are diverse and designed to inform the commission's decisions
in the proceeding on the various ownership, market, and rate structures
for thermal energy networks. The pilot project proposals shall include
specific customer protection plans and shall be made publicly available
on the commission's website and shall be subject to a public comment
period of no less than thirty days. Within six months of the effective
date of this section, the commission shall determine whether it is in
the public interest to approve or modify such pilot thermal energy
network projects and shall issue an order directing each gas, electric
or combination gas and electric corporation to implement such proposed
or modified pilot thermal energy network projects. In considering wheth-
er pilot thermal energy network projects are in the public interest, the
commission shall consider whether the pilot project will develop infor-
mation useful for the commission's promulgation of regulations governing
thermal energy networks, whether the pilot project furthers the climate
justice and/or emissions reduction mandates of the climate leadership
and community protection act, whether the pilot project advances finan-
cial and technical approaches to equitable and affordable building elec-
trification, and whether the pilot project creates benefits to customers
and society at large, including but not limited to public health bene-
fits in areas with disproportionate environmental or public health
burdens, job retention/creation, reliability, and increased affordabili-
ty of renewable thermal energy options.
§ 25. Subdivision 4 of section 137 of the public service law, as added
by section 11 of part O of chapter 58 of the laws of 2024, is amended to
read as follows:
4. "Major renewable energy facility" means any renewable energy
system, as such term is defined in FORMER section sixty-six-p of this
chapter, with a nameplate generating capacity of twenty-five thousand
kilowatts or more, and any co-located system storing energy generated
from such a renewable energy system prior to delivering it to the bulk
transmission system, including all associated appurtenances to electric
plants, including electric transmission facilities less than ten miles
in length in order to provide access to load and to integrate such
facilities into the state's bulk electric transmission system.
§ 26. Paragraph (c) of subdivision 3 of section 99-qq of the state
finance law, as added by section 2 of part TT of chapter 56 of the laws
of 2023, is amended to read as follows:
(c) The New York climate action fund climate investment account shall
consist of moneys received by the state pursuant to paragraph (c) of
subdivision twenty-five of section eighteen hundred fifty-four of the
public authorities law, and all other moneys appropriated, credited, or
transferred thereto from any other fund or source pursuant to law.
Moneys of the account shall be made available for the purposes of
assisting the state in transitioning to a less carbon intensive econo-
my[, including but not limited to: (i) purposes which are consistent
with the general findings of the scoping plan prepared pursuant to
section 75-0103 of the environmental conservation law; (ii) administra-
tive and implementation costs, auction design and support costs, program
A. 10082 9
design, evaluation, and other associated costs; and (iii) measures which
prioritize disadvantaged communities by supporting actions consistent
with the requirements of paragraph d of subdivision three of section
75-0109 and of section 75-0117 of the environmental conservation law,
identified through community decision-making and stakeholder input,
including early action to reduce greenhouse gas emissions in disadvan-
taged communities].
§ 27. Paragraph (f) of subdivision 1 of section 64-e of the town law,
as added by chapter 666 of the laws of 2024, is amended to read as
follows:
(f) "Disadvantaged communities" shall mean a community that is identi-
fied pursuant to FORMER section 75-0111 of the environmental conserva-
tion law.
§ 28. Nothing in this act shall be construed to impair, limit, or
affect the validity of any contract, permit, or license lawfully entered
into prior to the effective date of this act; provided, however, that no
further rights, obligations, or enforcement authority shall accrue under
the repealed provisions after the effective date of this act.
§ 29. This act shall take effect immediately; provided, however, that:
(a) the amendments to subdivisions 3 and 4 of section 1911 of the
public authorities law made by section twenty-one of this act shall be
subject to the expiration and repeal of such section and shall expire
and be deemed repealed therewith; and
(b) the amendments to subdivision 4 of section 137 of the public
service law made by section twenty-five of this act shall be subject to
the expiration and repeal of such section and shall expire and be deemed
repealed therewith.