Assembly Bill A10917

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10917
 
                           I N  A S S E M B L Y
 
                               April 8, 2026
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee on Energy
 
 AN ACT to amend the public service law, in relation to requiring battery
   energy storage system owners and operators to  demonstrate  compliance
   with workforce reliability standards as a condition of state financial
   assistance;  to amend the labor law, in relation to extending prevail-
   ing wage requirements and whistleblower protections to operations  and
   maintenance  employees  at  covered battery energy storage systems; to
   direct the public service commission to promulgate regulations; and to
   require a periodic review of implementation
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  findings  and  declarations. The legislature
 hereby finds and declares that:
   (a) The  Climate  Leadership  and  Community  Protection  Act  (CLCPA)
 commits  New York State to a zero-emissions electricity grid by 2040 and
 establishes a target of six gigawatts of energy storage by 2030, requir-
 ing the rapid deployment of battery energy  storage  systems  (BESS)  as
 critical grid infrastructure;
   (b)  Existing  law  imposes  comprehensive  labor  standards  upon the
 construction phase  of  battery  energy  storage  and  renewable  energy
 projects;  however,  no equivalent uniform mandate governs the workforce
 performing operations and maintenance (O&M) of such facilities, creating
 a two-tier system in which workers who build these assets are  protected
 but those who operate them over the life of the facility are not;
   (c) Battery energy storage systems are long-term critical grid infras-
 tructure  assets  whose  safe  and  reliable  operation  over decades of
 service depends  upon  a  skilled,  stable,  certified,  and  adequately
 compensated workforce; high O&M workforce turnover, inadequate training,
 and  unstable  employment at BESS facilities present measurable risks to
 grid reliability and to communities hosting such installations;
   (d) The state, as a grantor of substantial public financial assistance
 to battery energy storage projects through NYSERDA  incentive  programs,
 the  Clean  Energy Fund, Public Service Commission siting authority, and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15451-01-6
 A. 10917                            2
 
 tax incentives under the real property tax law, possesses the  authority
 to  condition  the receipt of such assistance upon compliance with work-
 force reliability standards,  consistent  with  the  market  participant
 doctrine  established  in  Building  and  Construction Trades Council v.
 Associated Builders and Contractors of Massachusetts/Rhode Island, Inc.,
 507 U.S. 218 (1993), and White v. Massachusetts Council of  Construction
 Employers,  Inc.,  460  U.S.  204  (1983),  without  infringing upon the
 National Labor Relations Act, 29 U.S.C. § 151 et seq., the state  acting
 in  its capacity as a market participant and benefits grantor and not as
 a regulator of the labor-management relationship; and
   (e) It is the policy of the state that labor protections shall  follow
 the  asset from construction through the operational life of the facili-
 ty; that BESS O&M employment shall be subject to  workforce  reliability
 standards ensuring safety, continuity, and quality; and that the state's
 market  participant  authority  shall be exercised through conditions on
 the receipt of public financial assistance, not as a condition upon  the
 right to operate.
   § 2. Section 66-r of the public service law is amended by adding thir-
 teen  new subdivisions 1-b, 1-c, 1-d, 1-e, 1-f, 4-a, 4-b, 4-c, 4-d, 4-e,
 4-f, 4-g, and 4-h to read as follows:
   1-B. "BATTERY ENERGY STORAGE SYSTEM" OR "BESS" SHALL MEAN ANY ELECTRIC
 ENERGY STORAGE FACILITY, INCLUDING LITHIUM-ION,  NON-LITHIUM,  AND  FLOW
 BATTERY TECHNOLOGIES, THAT: (I) HAS A NAMEPLATE CAPACITY OF ONE MEGAWATT
 (MW)  ALTERNATING  CURRENT  OR  GREATER; (II) IS CONNECTED TO THE TRANS-
 MISSION OR DISTRIBUTION SYSTEM OF A UTILITY OPERATING IN THIS STATE; AND
 (III) IS UTILIZED TO STORE  AND  DISCHARGE  ELECTRICITY  IN  SUPPORT  OF
 RENEWABLE  ENERGY GENERATION, GRID STABILITY, OR DEMAND MANAGEMENT FUNC-
 TIONS. BATTERY ENERGY STORAGE SYSTEMS WITH A NAMEPLATE CAPACITY OF  LESS
 THAN  ONE  MEGAWATT  SERVING EXCLUSIVELY RESIDENTIAL OR SMALL COMMERCIAL
 CUSTOMERS SHALL BE EXEMPT FROM SUBDIVISIONS  FOUR-A  THROUGH  FOUR-H  OF
 THIS SECTION.
   1-C.  "QUALIFIED  LABOR  ORGANIZATION"  SHALL  MEAN  A BONA FIDE LABOR
 ORGANIZATION, AS DEFINED IN SECTION TWO OF THE LABOR LAW,  THAT  REPRES-
 ENTS  OR SEEKS TO REPRESENT EMPLOYEES PERFORMING UTILITY OR ENERGY OPER-
 ATIONS  WORK,  INCLUDING  O&M  OF  ELECTRIC  GENERATION,   TRANSMISSION,
 DISTRIBUTION, OR ENERGY STORAGE FACILITIES, WITHIN THE SERVICE TERRITORY
 IN WHICH THE BATTERY ENERGY STORAGE SYSTEM IS LOCATED. THE DETERMINATION
 OF  WHICH  QUALIFIED  LABOR ORGANIZATION HOLDS MAJORITY REPRESENTATIONAL
 STANDING IN A GIVEN SERVICE TERRITORY SHALL BE MADE  BY  THE  COMMISSION
 PURSUANT TO SUBDIVISION FOUR-B OF THIS SECTION, BASED UPON EVIDENCE FROM
 THE  DEPARTMENT OF LABOR, EXISTING COLLECTIVE BARGAINING AGREEMENTS, AND
 OTHER AVAILABLE RECORDS, WITH A PRESUMPTION  FAVORING  THE  ORGANIZATION
 REPRESENTING  A  MAJORITY  OF  UTILITY O&M EMPLOYEES WITHIN THE RELEVANT
 COUNTY.
   1-D. "SUBSTANTIALLY EQUIVALENT" AS USED IN SUBPARAGRAPH (D)  OF  PARA-
 GRAPH  (II)  OF  SUBDIVISION FOUR-B OF THIS SECTION, SHALL MEAN SUBSTAN-
 TIVELY IDENTICAL IN WORKFORCE STRUCTURE, OPERATIONAL  JURISDICTION,  AND
 EMPLOYMENT  CONTINUITY  PROTECTIONS  TO  THE REQUIREMENTS OF SUBDIVISION
 FOUR-C OF THIS SECTION, AND SHALL NOT BE CONSTRUED TO PERMIT AN ALTERNA-
 TIVE WORKFORCE MODEL BASED SOLELY ON FUNCTIONAL TASK SIMILARITY OR TECH-
 NOLOGICAL CAPABILITY.
   1-E. "JMOU" MEANS A JURISDICTIONAL MEMORANDUM OF UNDERSTANDING.
   1-F. "OPERATIONS AND MAINTENANCE" OR "O&M" SHALL MEAN  ALL  ACTIVITIES
 PERFORMED  TO  SUSTAIN,  REPAIR,  MONITOR,  TEST,  INSPECT,  OR MANAGE A
 BATTERY ENERGY STORAGE SYSTEM DURING ITS OPERATIONAL LIFE, INCLUDING BUT
 NOT LIMITED TO: (I) BATTERY MODULE AND INVERTER MAINTENANCE AND REPLACE-
 A. 10917                            3
 
 MENT; (II) THERMAL MANAGEMENT SYSTEM OPERATION; (III) BATTERY MANAGEMENT
 SYSTEM MONITORING, SOFTWARE UPDATES, AND CYBERSECURITY COMPLIANCE;  (IV)
 FIRE  SUPPRESSION  AND  SAFETY SYSTEM INSPECTION AND TESTING PURSUANT TO
 NFPA  855 AND APPLICABLE STATE FIRE CODE; (V) GRID INTERCONNECTION MAIN-
 TENANCE; AND (VI) NYISO DISPATCH COORDINATION AND RELATED GRID SERVICES.
 FOR PURPOSES OF THIS SECTION, O&M FUNCTIONS SHALL BE DEEMED TO OCCUR  AT
 THE  FACILITY  SITE  REGARDLESS  OF  WHETHER PERFORMED REMOTELY, THROUGH
 CENTRALIZED OPERATIONS CENTERS, OR THROUGH AUTOMATED SYSTEMS.  PERSONNEL
 PERFORMING  MONITORING,  DISPATCH COORDINATION, CYBERSECURITY OVERSIGHT,
 OR CONTROL FUNCTIONS FOR A COVERED FACILITY, WHETHER ON-SITE OR  REMOTE,
 SHALL  BE  CONSIDERED  O&M EMPLOYEES SUBJECT TO THE REQUIREMENTS OF THIS
 SECTION.
   4-A. WITHIN NINETY DAYS OF COMPLETION OF THE RULEMAKING REQUIRED UNDER
 SECTION FOUR OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-SIX  THAT
 ADDED  THIS  SUBDIVISION,  THE  COMMISSION  SHALL PUBLISH AND MAINTAIN A
 SERVICE TERRITORY  JURISDICTION  MAP  IDENTIFYING  THE  QUALIFIED  LABOR
 ORGANIZATION  WITH MAJORITY REPRESENTATIONAL STANDING FOR O&M EMPLOYMENT
 IN EACH GEOGRAPHIC AREA OF THE STATE.   WHERE A DISPUTE  ARISES  BETWEEN
 TWO OR MORE LABOR ORGANIZATIONS AS TO MAJORITY STANDING IN A GIVEN AREA,
 THE COMMISSION SHALL RESOLVE SUCH DISPUTE WITHIN SIXTY DAYS OF RECEIVING
 NOTICE  THEREOF,  BASED  UPON:  (I)  DEPARTMENT  OF  LABOR CERTIFICATION
 RECORDS; (II) THE GEOGRAPHIC SCOPE  OF  EXISTING  COLLECTIVE  BARGAINING
 AGREEMENTS  IN  THE  ENERGY OPERATIONS SECTOR; AND (III) EMPLOYMENT DATA
 FOR COMPARABLE UTILITY FACILITIES IN  THE  RELEVANT  SERVICE  TERRITORY.
 PENDING  RESOLUTION,  THE OWNER OR OPERATOR MAY SATISFY THE REQUIREMENTS
 OF SUBDIVISION FOUR-B OF THIS SECTION THROUGH A PSC-CERTIFIED  WORKFORCE
 RELIABILITY PROGRAM AS PROVIDED IN SUBPARAGRAPH (D) OF PARAGRAPH (II) OF
 SUBDIVISION FOUR-B OF THIS SECTION.
   4-B.  (I)  NO  OWNER OR OPERATOR OF A BATTERY ENERGY STORAGE SYSTEM IN
 THIS STATE SHALL RECEIVE ANY INCENTIVE, CREDIT, BENEFIT, GRANT, LOAN, OR
 PAYMENT FROM THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORI-
 TY, THE CLEAN ENERGY FUND, OR ANY PROGRAM  ADMINISTERED  BY  THE  PUBLIC
 SERVICE  COMMISSION  PURSUANT TO SECTION SIXTY-SIX-P OF THIS ARTICLE, OR
 ANY TAX ABATEMENT UNDER SECTION FOUR HUNDRED EIGHTY-SEVEN  OF  THE  REAL
 PROPERTY  TAX  LAW, UNLESS THE OWNER OR OPERATOR DEMONSTRATES COMPLIANCE
 WITH WORKFORCE RELIABILITY STANDARDS AS  PROVIDED  IN  PARAGRAPHS  (II),
 (III), (IV) AND (V) OF THIS SUBDIVISION.
   (II) AN OWNER OR OPERATOR SHALL BE DEEMED IN COMPLIANCE WITH THE WORK-
 FORCE  RELIABILITY STANDARD UPON DEMONSTRATION OF ANY ONE OF THE FOLLOW-
 ING:
   (A) A JMOU EXECUTED WITH THE QUALIFIED LABOR  ORGANIZATION  IDENTIFIED
 UNDER  SUBDIVISION  FOUR-A OF THIS SECTION, MEETING THE MINIMUM TERMS OF
 SUBDIVISION FOUR-C OF THIS SECTION;
   (B) AN EXISTING COLLECTIVE BARGAINING AGREEMENT BETWEEN THE  OWNER  OR
 OPERATOR  AND  A  QUALIFIED  LABOR  ORGANIZATION COVERING O&M EMPLOYEES,
 PROVIDED SUCH AGREEMENT MEETS OR EXCEEDS THE MINIMUM TERMS  OF  SUBDIVI-
 SION FOUR-C OF THIS SECTION;
   (C) DIRECT EMPLOYMENT OF O&M WORKERS THROUGH A QUALIFYING LABOR ORGAN-
 IZATION DISPATCH OR HIRING HALL REFERRAL SYSTEM, WHERE O&M EMPLOYMENT IS
 COVERED BY APPLICABLE WAGES, BENEFITS, AND TRAINING STANDARDS MEETING OR
 EXCEEDING SUBDIVISION FOUR-C OF THIS SECTION; OR
   (D)  A PSC-CERTIFIED WORKFORCE RELIABILITY PROGRAM MEETING THE MINIMUM
 STANDARDS ESTABLISHED BY THE COMMISSION THROUGH RULEMAKING, WHICH  SHALL
 INCLUDE  WAGE,  TRAINING, CERTIFICATION, SAFETY COMMITTEE, AND WORKFORCE
 CONTINUITY REQUIREMENTS SUBSTANTIALLY EQUIVALENT TO THOSE PRESCRIBED  IN
 SUBDIVISION  FOUR-C  OF  THIS  SECTION;  PROVIDED, HOWEVER, THAT NO SUCH
 A. 10917                            4

 PROGRAM SHALL BE CERTIFIED UNLESS THE APPLICANT DEMONSTRATES  THAT:  (1)
 THE PROPOSED WORKFORCE STRUCTURE IS CONSISTENT WITH PREVAILING JURISDIC-
 TIONAL  PRACTICE  FOR  ELECTRIC SYSTEM OPERATIONS AND MAINTENANCE IN THE
 RELEVANT  SERVICE  TERRITORY,  AS  EVIDENCED  BY THE CLASSIFICATIONS AND
 BARGAINING UNITS HISTORICALLY COVERING ELECTRIC  UTILITY  OPERATIONS  IN
 THAT  TERRITORY; (2) THE PROGRAM DOES NOT DISPLACE, DIMINISH, OR SUBSTI-
 TUTE FOR THE EXISTING MAJORITY-REPRESENTED UTILITY O&M WORKFORCE IN  THE
 RELEVANT  SERVICE  TERRITORY;  AND  (3) THE PERSONNEL EMPLOYED UNDER THE
 PROGRAM HOLD QUALIFICATIONS RECOGNIZED UNDER APPLICABLE ELECTRIC UTILITY
 OPERATIONAL STANDARDS.
   (III) THE SAFE HARBOR PATHWAYS OF PARAGRAPH (II) OF  THIS  SUBDIVISION
 ARE  ALTERNATIVES; AN OWNER OR OPERATOR SATISFYING ANY ONE PATHWAY SHALL
 BE DEEMED COMPLIANT FOR ALL PURPOSES OF THIS SUBDIVISION. THE COMMISSION
 SHALL NOT REQUIRE ANY OWNER OR OPERATOR TO UTILIZE A SPECIFIC COMPLIANCE
 PATHWAY.
   (IV) AN OWNER OR OPERATOR OF A BESS COMMENCING  COMMERCIAL  OPERATIONS
 ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION SHALL DEMONSTRATE COMPLI-
 ANCE  NO  LATER THAN ONE HUNDRED EIGHTY DAYS AFTER SUCH COMMERCIAL OPER-
 ATIONS DATE. AN OWNER OR OPERATOR OF A BESS IN OPERATION ON  THE  EFFEC-
 TIVE DATE OF THIS SUBDIVISION SHALL DEMONSTRATE COMPLIANCE NO LATER THAN
 ONE HUNDRED EIGHTY DAYS AFTER SUCH EFFECTIVE DATE.
   (V)  EACH  OWNER OR OPERATOR SHALL FILE AN ANNUAL WORKFORCE COMPLIANCE
 CERTIFICATION WITH THE COMMISSION ATTESTING TO  THE  COMPLIANCE  PATHWAY
 UTILIZED AND CONTINUED SATISFACTION OF THE APPLICABLE MINIMUM STANDARDS.
   4-C.  A  JMOU,  TO  QUALIFY  AS A SAFE HARBOR COMPLIANCE PATHWAY UNDER
 SUBPARAGRAPH (A)  OF  PARAGRAPH  (II)  OF  SUBDIVISION  FOUR-B  OF  THIS
 SECTION, SHALL AT MINIMUM PROVIDE FOR:
   (I) PAYMENT TO ALL O&M EMPLOYEES OF WAGES NOT LESS THAN THE PREVAILING
 RATE OF WAGES AND SUPPLEMENTS AS DETERMINED BY THE COMMISSIONER OF LABOR
 PURSUANT  TO ARTICLE EIGHT OF THE LABOR LAW FOR THE APPLICABLE O&M OCCU-
 PATIONAL CLASSIFICATIONS AND COUNTY;
   (II) A WORKFORCE ENGAGEMENT PROCESS PROVIDING FOR  REGULAR,  SCHEDULED
 LABOR-MANAGEMENT  COMMUNICATION  ON  MATTERS INCLUDING SAFETY, TRAINING,
 WORKFORCE CONTINUITY, AND FACILITY PERFORMANCE, NO LESS FREQUENTLY  THAN
 QUARTERLY;
   (III)  AN  APPRENTICESHIP  UTILIZATION  COMMITMENT  OF  NOT  LESS THAN
 FIFTEEN PERCENT OF TOTAL O&M LABOR HOURS PERFORMED BY REGISTERED APPREN-
 TICES ENROLLED IN  A  STATE-APPROVED  APPRENTICESHIP  PROGRAM;  PROVIDED
 THAT:
   (A)  FOR  PURPOSES OF THIS PARAGRAPH, A "STATE-APPROVED APPRENTICESHIP
 PROGRAM" SHALL MEAN  ANY  APPRENTICESHIP  PROGRAM  REGISTERED  WITH  THE
 COMMISSIONER OF LABOR PURSUANT TO ARTICLE TWENTY-THREE OF THE LABOR LAW,
 INCLUDING  PROGRAMS  JOINTLY  ADMINISTERED  BY  AN  EMPLOYER AND A LABOR
 ORGANIZATION AND COVERING THE APPLICABLE O&M CLASSIFICATION,  AND  SHALL
 ALSO  INCLUDE STRUCTURED TRAINING PROGRAMS CERTIFIED BY THE COMMISSIONER
 AS MEETING EQUIVALENT STANDARDS; REGISTERED APPRENTICES ENROLLED IN  ANY
 SUCH  PROGRAM  WHO  PERFORM  WORK  WITHIN  THE SCOPE OF THEIR PROGRAM ON
 BATTERY ENERGY STORAGE SYSTEM INFRASTRUCTURE SHALL BE DEEMED  REGISTERED
 APPRENTICES FOR PURPOSES OF THIS PARAGRAPH;
   (B)  FOR  OWNERS OR OPERATORS OF A SINGLE COVERED BESS FACILITY WITH A
 TOTAL O&M WORKFORCE OF FEWER  THAN  TEN  EMPLOYEES,  THE  APPRENTICESHIP
 UTILIZATION  COMMITMENT  OF  THIS  PARAGRAPH  SHALL BE NOT LESS THAN ONE
 REGISTERED APPRENTICE PER FACILITY OR FIFTEEN PERCENT OF TOTAL O&M LABOR
 HOURS, WHICHEVER IS LESS; AND
   (C) FOR OWNERS OR OPERATORS OF MULTIPLE COVERED BESS FACILITIES WITHIN
 THE SAME SERVICE TERRITORY, THE  APPRENTICESHIP  UTILIZATION  COMMITMENT
 A. 10917                            5
 
 MAY  BE  CALCULATED  ON  A  PORTFOLIO  BASIS ACROSS ALL SUCH FACILITIES,
 PROVIDED THAT APPRENTICE LABOR IS ACTUALLY DEPLOYED AT  COVERED  FACILI-
 TIES   AND   NOT  CONCENTRATED  SOLELY  AT  ADMINISTRATIVE  OR  TRAINING
 LOCATIONS;
   (IV)  A  JOINT LABOR-MANAGEMENT SAFETY COMMITTEE MEETING NOT LESS THAN
 QUARTERLY TO REVIEW NFPA 855 COMPLIANCE, INCIDENT RECORDS, AND  TRAINING
 CERTIFICATIONS;
   (V)  BINDING  ARBITRATION AS THE EXCLUSIVE MEANS OF RESOLVING DISPUTES
 ARISING UNDER THE JMOU, WITH NO STRIKES,  LOCKOUTS,  OR  WORK  STOPPAGES
 PERMITTED DURING THE TERM; AND
   (VI)  COMPLIANCE  WITH  THE TRAINING AND CERTIFICATION REQUIREMENTS OF
 SUBDIVISION FOUR-E OF THIS SECTION. NOTHING IN THIS SUBDIVISION SHALL BE
 CONSTRUED TO REQUIRE THE INCLUSION OF EMPLOYER NEUTRALITY PROVISIONS  AS
 A  MANDATORY  TERM  OF  A  JMOU;  SUCH  PROVISIONS MAY BE NEGOTIATED AND
 INCLUDED BY THE PARTIES AT THEIR ELECTION.
   4-D. (I) THE COMMISSION SHALL ENFORCE THE WORKFORCE RELIABILITY STAND-
 ARDS OF THIS SECTION AND MAY, UPON A FINDING OF NON-COMPLIANCE, TAKE ANY
 ONE OR MORE OF THE FOLLOWING ACTIONS:
   (A) SUSPEND THE DISBURSEMENT OF ANY STATE FINANCIAL ASSISTANCE  DURING
 THE PERIOD OF NON-COMPLIANCE;
   (B) ORDER THE CLAWBACK OF PREVIOUSLY DISBURSED STATE FINANCIAL ASSIST-
 ANCE,  CALCULATED  ON A PRO-RATA BASIS CORRESPONDING TO THE DURATION AND
 EXTENT OF NON-COMPLIANCE, INTEGRATED WITH  APPLICABLE  NYSERDA  CONTRACT
 PROVISIONS;
   (C)  IMPOSE  CIVIL PENALTIES OF NOT LESS THAN ONE THOUSAND DOLLARS NOR
 MORE THAN TEN THOUSAND DOLLARS FOR EACH DAY OF NON-COMPLIANCE; PROVIDED,
 HOWEVER, THAT FOR WILLFUL OR REPEATED VIOLATIONS, SUCH  PENALTIES  SHALL
 BE DOUBLED; AND
   (D)  IMPOSE  SUCH  OTHER REMEDIES AS THE COMMISSION DEEMS APPROPRIATE,
 INCLUDING CONDITIONS ON FUTURE  NYSERDA  PROGRAM  PARTICIPATION  OR  PSC
 SITING APPROVALS.
   (II)  ANY  QUALIFIED  LABOR  ORGANIZATION IDENTIFIED UNDER SUBDIVISION
 FOUR-A OF THIS SECTION MAY FILE A COMPLAINT WITH THE COMMISSION  OR  THE
 DEPARTMENT  OF  LABOR  ALLEGING  NON-COMPLIANCE  WITH  THIS SECTION. THE
 COMMISSION SHALL INVESTIGATE AND ISSUE A  WRITTEN  DETERMINATION  WITHIN
 NINETY DAYS OF RECEIPT OF SUCH COMPLAINT.
   (III) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE THE ESTAB-
 LISHMENT  OF AN EMPLOYEE BENEFIT PLAN WITHIN THE MEANING OF THE EMPLOYEE
 RETIREMENT INCOME SECURITY ACT  OF  1974,  29  U.S.C.  §  1001  ET  SEQ.
 PREVAILING  WAGE  SUPPLEMENTAL BENEFIT OBLIGATIONS SHALL BE ADMINISTERED
 CONSISTENT WITH EXISTING ERISA-COMPLIANT BENEFIT STRUCTURES UNDER APPLI-
 CABLE DEPARTMENT OF LABOR PREVAILING WAGE SCHEDULES.
   4-E. (I) FOR PURPOSES OF THIS SECTION, A TRAINING PROGRAM ADMINISTERED
 BY OR ON BEHALF OF A  UTILITY  OR  OPERATED  PURSUANT  TO  A  COLLECTIVE
 BARGAINING AGREEMENT WITH A QUALIFIED LABOR ORGANIZATION SHALL BE DEEMED
 A  "COMMISSION-APPROVED  TRAINING  PROGRAM"  UPON  CERTIFICATION  BY THE
 COMMISSION THAT SUCH PROGRAM MEETS OR EXCEEDS THE CONTENT AND COMPETENCY
 STANDARDS ESTABLISHED THROUGH RULEMAKING PURSUANT TO SECTION FOUR OF THE
 CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-SIX THAT ADDED THIS  SUBDIVI-
 SION,  INCLUDING PROFICIENCY IN NFPA 855. THE COMMISSION SHALL ESTABLISH
 AN EXPEDITED REVIEW PROCESS, NOT TO EXCEED SIXTY DAYS, FOR CERTIFICATION
 OF SUCH PROGRAMS.
   (II) ALL O&M EMPLOYEES AT BATTERY ENERGY STORAGE  SYSTEMS  SUBJECT  TO
 THIS SECTION SHALL, PRIOR TO PERFORMING UNSUPERVISED O&M WORK:
   (A)  HOLD  A  CURRENT  OSHA  THIRTY-HOUR  CERTIFICATION  IN EITHER THE
 CONSTRUCTION INDUSTRY OR THE GENERAL INDUSTRY TRACK, OR SUCH  EQUIVALENT
 A. 10917                            6
 
 CERTIFICATION  AS  APPROVED  BY  THE DEPARTMENT OF LABOR, INCLUDING OSHA
 THIRTY-HOUR ELECTRIC UTILITY TRAINING PROGRAMS;
   (B)  DEMONSTRATE PROFICIENCY IN NFPA 855 STANDARD FOR THE INSTALLATION
 OF STATIONARY ENERGY STORAGE SYSTEMS, AS EVIDENCED BY  COMPLETION  OF  A
 COMMISSION-APPROVED  TRAINING  PROGRAM; IN ADMINISTERING THE APPROVAL OF
 TRAINING PROGRAMS UNDER THIS SUBPARAGRAPH,  THE  COMMISSION  SHALL:  (1)
 GIVE  PRIORITY  APPROVAL  TO  PROGRAMS OFFERED BY JOINT LABOR-MANAGEMENT
 TRAINING FUNDS AND STATE-REGISTERED  APPRENTICESHIP  PROGRAMS;  AND  (2)
 REQUIRE  ANY  ORIGINAL EQUIPMENT MANUFACTURER TRAINING PROGRAM TO DEMON-
 STRATE THAT IT MEETS  THE  SAME  CONTENT  AND  COMPETENCY  STANDARDS  AS
 COMMISSION-APPROVED PROGRAMS BEFORE RECEIVING APPROVAL; AND
   (C)  COMPLETE  ANY  ADDITIONAL  TRAINING  REQUIRED  BY  THE COMMISSION
 THROUGH RULEMAKING FOR THE SPECIFIC BATTERY TECHNOLOGY DEPLOYED  AT  THE
 FACILITY.
   (III)  EACH O&M EMPLOYEE SHALL COMPLETE NOT LESS THAN SIXTEEN HOURS OF
 CONTINUING EDUCATION AND TRAINING ANNUALLY, INCLUDING UPDATES TO  APPLI-
 CABLE CODE REQUIREMENTS AND BATTERY TECHNOLOGY. SUCH HOURS MAY BE SATIS-
 FIED BY ANY COMBINATION OF EMPLOYER-PROVIDED, LABOR ORGANIZATION-PROVID-
 ED,  OR  THIRD-PARTY  TRAINING  COVERING APPLICABLE CODE, TECHNOLOGY, OR
 SAFETY CONTENT.
   (IV) THE OWNER OR OPERATOR SHALL MAINTAIN RECORDS OF TRAINING  CERTIF-
 ICATIONS  FOR  ALL  O&M EMPLOYEES AND MAKE SUCH RECORDS AVAILABLE TO THE
 COMMISSION AND THE DEPARTMENT OF LABOR UPON REQUEST.
   (V) NOTWITHSTANDING SUBPARAGRAPH (B) OF PARAGRAPH (II) OF THIS  SUBDI-
 VISION,  FOR  O&M EMPLOYEES EMPLOYED AT A COVERED FACILITY ON THE EFFEC-
 TIVE DATE OF THIS SECTION, COMPLIANCE  WITH  THE  NFPA  855  PROFICIENCY
 REQUIREMENT  SHALL  BE  REQUIRED NO LATER THAN EIGHTEEN MONTHS AFTER THE
 COMMISSION FIRST APPROVES A TRAINING PROGRAM SATISFYING SUBPARAGRAPH (B)
 OF PARAGRAPH (II) OF THIS SUBDIVISION. DURING SUCH TRANSITIONAL  PERIOD,
 AN  O&M  EMPLOYEE  MAY PERFORM O&M WORK UNDER A DOCUMENTED TRAINING PLAN
 FILED WITH THE COMMISSION WITHOUT THE  REQUIREMENT  THAT  SUCH  WORK  BE
 PERFORMED UNDER THE SUPERVISION OF A CERTIFIED EMPLOYEE.
   4-F.  (I)  WHERE A BATTERY ENERGY STORAGE SYSTEM IS SOLD, TRANSFERRED,
 OR CONVEYED TO A NEW OWNER OR OPERATOR, THE SUCCESSOR OWNER OR  OPERATOR
 SHALL:
   (A)  OFFER  CONTINUED  EMPLOYMENT TO ALL O&M EMPLOYEES EMPLOYED AT THE
 FACILITY IMMEDIATELY PRIOR TO THE TRANSFER, FOR A  PERIOD  OF  NOT  LESS
 THAN ONE HUNDRED EIGHTY DAYS FOLLOWING THE TRANSFER DATE; AND
   (B)  DEMONSTRATE COMPLIANCE WITH THE WORKFORCE RELIABILITY STANDARD OF
 SUBDIVISION FOUR-B OF THIS SECTION NO LATER THAN ONE HUNDRED EIGHTY DAYS
 FOLLOWING THE EFFECTIVE DATE OF THE TRANSFER.
   (II) THE RETENTION OBLIGATION OF THIS SUBDIVISION SHALL NOT REQUIRE  A
 SUCCESSOR  OWNER  OR  OPERATOR  TO  RETAIN  ANY EMPLOYEE FOR CAUSE OR TO
 CREATE POSITIONS THAT DO NOT EXIST IN THE NEW OPERATIONAL STRUCTURE  BUT
 SHALL PREVENT THE REPLACEMENT OF O&M EMPLOYEES SOLELY FOR REASONS RELAT-
 ING  TO  WORKFORCE  COMPOSITION OR LABOR ORGANIZATION AFFILIATION DURING
 THE ONE HUNDRED EIGHTY DAY RETENTION PERIOD.
   (III) WHERE O&M EMPLOYEES AT A FACILITY SUBJECT  TO  THIS  SUBDIVISION
 ARE  REPRESENTED BY A QUALIFIED LABOR ORGANIZATION AT THE TIME OF TRANS-
 FER, THE SUCCESSOR OWNER OR OPERATOR SHALL:  (A)  RECOGNIZE  SUCH  LABOR
 ORGANIZATION  AS THE COLLECTIVE BARGAINING REPRESENTATIVE OF O&M EMPLOY-
 EES FOR THE REMAINING TERM OF ANY EXISTING COLLECTIVE BARGAINING  AGREE-
 MENT  IN  EFFECT  AT THE TIME OF TRANSFER; AND (B) BARGAIN IN GOOD FAITH
 WITH SUCH LABOR ORGANIZATION PRIOR  TO  MAKING  ANY  CHANGES  TO  WAGES,
 HOURS,  OR  TERMS  AND  CONDITIONS  OF EMPLOYMENT DURING THE ONE HUNDRED
 EIGHTY DAY RETENTION PERIOD. NOTHING IN THIS PARAGRAPH SHALL  REQUIRE  A
 A. 10917                            7
 
 SUCCESSOR  TO ASSUME ANY COLLECTIVE BARGAINING AGREEMENT, BUT NO SUCCES-
 SOR SHALL UNILATERALLY ALTER  TERMS  AND  CONDITIONS  OF  EMPLOYMENT  OF
 REPRESENTED  O&M  EMPLOYEES  DURING  THE  RETENTION PERIOD WITHOUT FIRST
 BARGAINING TO AGREEMENT OR IMPASSE.
   4-G.  (I)  THE COMMISSION SHALL, THROUGH RULEMAKING, ESTABLISH MINIMUM
 O&M STAFFING STANDARDS FOR BATTERY ENERGY  STORAGE  SYSTEMS  SUBJECT  TO
 THIS SECTION, TAKING INTO ACCOUNT FACILITY SIZE, BATTERY CHEMISTRY, GRID
 INTERCONNECTION COMPLEXITY, AND PROXIMITY TO POPULATION CENTERS.
   (II)  FOR  FACILITIES  OPERATING  IN  A REMOTE-MONITORING OR AUTOMATED
 MODE, THE OWNER OR OPERATOR SHALL MAINTAIN A DOCUMENTED  RAPID  RESPONSE
 PROTOCOL DESIGNATING QUALIFIED O&M PERSONNEL CAPABLE OF ON-SITE RESPONSE
 WITHIN  A  COMMISSION-SPECIFIED  TIME  PERIOD  IN THE EVENT OF AN ALARM,
 FAULT, OR GRID DISTURBANCE.
   (III) MINIMUM STAFFING RULES SHALL BE REVIEWED AS PART  OF  THE  FIVE-
 YEAR  REVIEW  REQUIRED  UNDER  SECTION  SEVEN OF THIS ACT AND UPDATED TO
 REFLECT TECHNOLOGICAL CHANGES IN BATTERY STORAGE AND GRID OPERATIONS.
   4-H. WITHIN ONE HUNDRED EIGHTY DAYS OF  THE  EFFECTIVE  DATE  OF  THIS
 SUBDIVISION, THE COMMISSIONER OF LABOR, IN CONSULTATION WITH THE COMMIS-
 SION  AND WITH QUALIFIED LABOR ORGANIZATIONS REPRESENTING O&M EMPLOYEES,
 SHALL ESTABLISH ONE OR MORE APPRENTICESHIP CLASSIFICATIONS APPLICABLE TO
 BATTERY ENERGY STORAGE SYSTEM OPERATIONS AND MAINTENANCE WORK AND  SHALL
 WORK  WITH  EXISTING  STATE-REGISTERED APPRENTICESHIP PROGRAMS TO EXPAND
 THEIR SCOPE TO INCLUDE SUCH CLASSIFICATIONS.  PENDING  ESTABLISHMENT  OF
 SUCH  CLASSIFICATIONS,  APPRENTICES  ENROLLED  IN  ANY  STATE-REGISTERED
 APPRENTICESHIP PROGRAM PERFORMING WORK WITHIN THE SCOPE OF THEIR PROGRAM
 ON BATTERY ENERGY STORAGE SYSTEM INFRASTRUCTURE SHALL BE  DEEMED  REGIS-
 TERED APPRENTICES FOR PURPOSES OF SUBDIVISION FOUR-B OF THIS SECTION.
   §  3. Section 224-d of the labor law is amended by adding a new subdi-
 vision 9 to read as follows:
   9. A. FOR PURPOSES OF THIS SUBDIVISION:
   (I) "COVERED BATTERY ENERGY STORAGE SYSTEM"  SHALL  MEAN  ANY  BATTERY
 ENERGY  STORAGE  SYSTEM,  AS  DEFINED  IN  SUBDIVISION  ONE-B OF SECTION
 SIXTY-SIX-R OF THE PUBLIC SERVICE LAW, THAT: (A) HAS A NAMEPLATE CAPACI-
 TY EXCEEDING FIVE MEGAWATTS; OR (B) HAS  A  NAMEPLATE  CAPACITY  OF  ONE
 MEGAWATT  ALTERNATING  CURRENT  OR  GREATER AND RECEIVES STATE FINANCIAL
 ASSISTANCE, AS DEFINED IN SUBPARAGRAPH (III) OF THIS PARAGRAPH,  CONSTI-
 TUTING  MORE THAN THIRTY PERCENT OF TOTAL PROJECT COSTS.  BATTERY ENERGY
 STORAGE SYSTEMS WITH A NAMEPLATE CAPACITY  OF  LESS  THAN  ONE  MEGAWATT
 SERVING EXCLUSIVELY RESIDENTIAL CUSTOMERS SHALL BE EXEMPT.
   (II) "O&M EMPLOYEE" SHALL MEAN ANY PERSON EMPLOYED BY THE OWNER, OPER-
 ATOR,  OR  ANY CONTRACTOR OR SUBCONTRACTOR THEREOF TO PERFORM OPERATIONS
 AND MAINTENANCE, AS DEFINED IN SUBDIVISION ONE-F OF SECTION  SIXTY-SIX-R
 OF THE PUBLIC SERVICE LAW, AT A COVERED BATTERY ENERGY STORAGE SYSTEM.
   (III)  "STATE  FINANCIAL  ASSISTANCE"  SHALL MEAN ANY GRANT, INCENTIVE
 PAYMENT, LOAN, TAX ABATEMENT, OR BENEFIT PROVIDED BY THE NEW YORK  STATE
 ENERGY  RESEARCH  AND  DEVELOPMENT AUTHORITY, THE CLEAN ENERGY FUND, THE
 PUBLIC SERVICE COMMISSION, OR PURSUANT TO SECTION FOUR  HUNDRED  EIGHTY-
 SEVEN OF THE REAL PROPERTY TAX LAW.
   B.  (I)  EVERY  OWNER  OR OPERATOR OF A COVERED BATTERY ENERGY STORAGE
 SYSTEM SHALL PAY OR CAUSE TO BE PAID TO EACH O&M EMPLOYEE A WAGE OF  NOT
 LESS  THAN  THE PREVAILING RATE OF WAGES AND SUPPLEMENTS FOR THE OCCUPA-
 TION AND COUNTY IN WHICH SUCH EMPLOYEE PERFORMS WORK, AS  DETERMINED  BY
 THE  COMMISSIONER  PURSUANT  TO ARTICLE EIGHT OF THIS CHAPTER. IN ESTAB-
 LISHING PREVAILING WAGE SCHEDULES FOR O&M EMPLOYEE CLASSIFICATIONS,  THE
 COMMISSIONER  SHALL:  (A) CLASSIFY EACH O&M WORK FUNCTION BASED UPON THE
 MOST SIMILAR EXISTING PREVAILING WAGE CLASSIFICATION, INCLUDING BUT  NOT
 A. 10917                            8
 
 LIMITED  TO JOURNEYMAN ELECTRICIAN, SUBSTATION OPERATOR, CONTROL SYSTEMS
 OPERATOR, AND INSTRUMENTATION TECHNICIAN; (B) SET  THE  PREVAILING  WAGE
 FOR ANY NEW O&M CLASSIFICATION, INCLUDING BATTERY SYSTEMS TECHNICIAN AND
 RELATED  CLASSIFICATIONS, AT NOT LESS THAN THE RATE OF THE MOST COMPARA-
 BLE EXISTING CLASSIFICATION COVERING SIMILAR ELECTRICAL SYSTEMS WORK  IN
 THE  RELEVANT  COUNTY;  AND  (C) PUBLISH PREVAILING WAGE SCHEDULES BASED
 UPON APPLICABLE COLLECTIVE BARGAINING AGREEMENTS AND  WAGE  SURVEYS  FOR
 THE  RELEVANT  GEOGRAPHIC  AREAS.  THE  PREVAILING  WAGE FOR O&M WORK AT
 COVERED BATTERY ENERGY STORAGE SYSTEM FACILITIES SHALL  IN  NO  CASE  BE
 LESS  THAN THE PREVAILING RATE FOR JOURNEYMAN ELECTRICIANS IN THE APPLI-
 CABLE COUNTY.
   (II) WHERE O&M FUNCTIONS ARE PERFORMED BY A CONTRACTOR OR  SUBCONTRAC-
 TOR,  THE OWNER OR OPERATOR OF THE COVERED FACILITY SHALL REMAIN JOINTLY
 AND SEVERALLY LIABLE FOR COMPLIANCE WITH ALL REQUIREMENTS OF THIS SUBDI-
 VISION. NO OWNER OR OPERATOR SHALL STRUCTURE CONTRACTOR OR SUBCONTRACTOR
 ARRANGEMENTS FOR THE PURPOSE OF, OR WITH THE  EFFECT  OF,  CIRCUMVENTING
 THE WORKFORCE CONTINUITY OR QUALIFIED LABOR ORGANIZATION REQUIREMENTS OF
 SECTION SIXTY-SIX-R OF THE PUBLIC SERVICE LAW. THE COMMISSIONER MAY VOID
 ANY  PREVAILING  WAGE DETERMINATION OR DIRECT THE PUBLIC SERVICE COMMIS-
 SION TO VOID ANY SAFE HARBOR DETERMINATION UPON A FINDING THAT  CONTRAC-
 TOR  OR  SUBCONTRACTOR  ARRANGEMENTS  WERE USED TO AVOID COMPLIANCE WITH
 THIS SECTION.
   (III) NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO DIMINISH, LIMIT,
 OR SUPERSEDE  ANY  RIGHT  OR  OBLIGATION  ESTABLISHED  BY  A  COLLECTIVE
 BARGAINING AGREEMENT.  THE PREVAILING WAGE RATES ESTABLISHED PURSUANT TO
 THIS  SECTION SHALL CONSTITUTE A MINIMUM FLOOR; WAGES AND BENEFITS NEGO-
 TIATED ABOVE SUCH RATES IN COLLECTIVE BARGAINING AGREEMENTS SHALL NOT BE
 AFFECTED BY, AND SHALL NOT BE SUBJECT TO REDUCTION BY REFERENCE TO,  ANY
 PREVAILING WAGE SCHEDULE ESTABLISHED UNDER THIS PARAGRAPH.
   C.  EVERY  OWNER,  OPERATOR,  CONTRACTOR, AND SUBCONTRACTOR SUBJECT TO
 THIS SUBDIVISION SHALL:  (I) MAINTAIN CERTIFIED PAYROLL RECORDS FOR EACH
 O&M EMPLOYEE; (II) FILE CERTIFIED PAYROLL COMPLIANCE  REPORTS  WITH  THE
 COMMISSIONER  ON  A  QUARTERLY  BASIS;  AND  (III)  PERMIT INSPECTION OF
 PAYROLL RECORDS BY THE COMMISSIONER UPON REQUEST. QUALIFIED LABOR ORGAN-
 IZATIONS MAY FILE WRITTEN CHALLENGES TO CERTIFIED PAYROLL  FILINGS  WITH
 THE  COMMISSIONER,  WHO  SHALL  INVESTIGATE SUCH CHALLENGES WITHIN SIXTY
 DAYS.
   D. THE PROVISIONS OF THIS ARTICLE RELATING TO ENFORCEMENT,  PENALTIES,
 DEBARMENT,  AND  PRIVATE  RIGHTS  OF ACTION SHALL APPLY TO VIOLATIONS OF
 THIS SUBDIVISION. THE COMMISSIONER MAY NOTIFY  NYSERDA  AND  THE  PUBLIC
 SERVICE COMMISSION OF ANY FINDING OF NON-COMPLIANCE, WHICH SHALL CONSTI-
 TUTE  GROUNDS FOR THE SUSPENSION OR PRO-RATA CLAWBACK OF STATE FINANCIAL
 ASSISTANCE.
   E.  (I)  NO  OWNER,  OPERATOR,  CONTRACTOR,  OR  SUBCONTRACTOR   SHALL
 DISCHARGE,  THREATEN,  PENALIZE,  DEMOTE,  OR  OTHERWISE DISCRIMINATE OR
 RETALIATE AGAINST ANY O&M EMPLOYEE BY REASON OF SUCH EMPLOYEE'S  DISCLO-
 SURE  OF INFORMATION TO THE COMMISSIONER, THE PUBLIC SERVICE COMMISSION,
 OR A QUALIFIED LABOR ORGANIZATION REGARDING  A  POTENTIAL  VIOLATION  OF
 THIS SUBDIVISION.
   (II)  AN  O&M  EMPLOYEE  SUBJECTED TO RETALIATION IN VIOLATION OF THIS
 PARAGRAPH MAY BRING A CIVIL ACTION FOR: (A) REINSTATEMENT; (B) BACK  PAY
 AND  LOST  BENEFITS;  (C)  REASONABLE ATTORNEYS' FEES AND COSTS; AND (D)
 SUCH OTHER RELIEF AS THE COURT DEEMS APPROPRIATE.  SUCH ACTION  MUST  BE
 COMMENCED WITHIN TWO YEARS OF THE RETALIATORY ACT.
   F.  THIS  SUBDIVISION  SHALL  APPLY  TO COVERED BATTERY ENERGY STORAGE
 SYSTEMS COMMENCING COMMERCIAL OPERATIONS ON OR AFTER THE EFFECTIVE  DATE
 A. 10917                            9
 
 OF  THIS  SUBDIVISION.  FOR  COVERED  SYSTEMS IN OPERATION ON SUCH DATE,
 COMPLIANCE SHALL BE REQUIRED NO LATER THAN ONE HUNDRED EIGHTY DAYS AFTER
 SUCH EFFECTIVE DATE.
   G. THIS SUBDIVISION SHALL BE CONSTRUED IN A MANNER CONSISTENT WITH ALL
 APPLICABLE FEDERAL LAW. THE STATE, IN ENACTING THIS SUBDIVISION, ACTS IN
 ITS  CAPACITY  AS A MARKET PARTICIPANT AND AS A GRANTOR OF PUBLIC FINAN-
 CIAL ASSISTANCE, CONSISTENT WITH THE DOCTRINE  ESTABLISHED  IN  BUILDING
 AND  CONSTRUCTION  TRADES COUNCIL V. ASSOCIATED BUILDERS AND CONTRACTORS
 OF MASSACHUSETTS/RHODE ISLAND, INC., 507 U.S. 218 (1993), AND  DOES  NOT
 ACT AS A REGULATOR OF THE LABOR-MANAGEMENT RELATIONSHIP WITHIN THE MEAN-
 ING  OF THE NATIONAL LABOR RELATIONS ACT, 29 U.S.C. § 151 ET SEQ.  NOTH-
 ING HEREIN SHALL BE CONSTRUED TO REQUIRE THE ESTABLISHMENT OF AN EMPLOY-
 EE BENEFIT PLAN WITHIN THE MEANING OF  THE  EMPLOYEE  RETIREMENT  INCOME
 SECURITY ACT OF 1974, 29 U.S.C. § 1001 ET SEQ.
   §  4. The public service commission shall, within three hundred sixty-
 five days of the effective date  of  this  act,  complete  a  rulemaking
 proceeding to:
   (a) Establish a standard form jurisdictional memorandum of understand-
 ing  template  satisfying the minimum requirements of subdivision 4-c of
 section 66-r of the public service law,  for  use  as  a  default  where
 parties  have  not  reached  a negotiated agreement within sixty days of
 good-faith negotiations;
   (b) Establish procedures for identifying the qualified labor organiza-
 tion with majority representational standing in each service  territory,
 in  consultation  with  the  department of labor and labor organizations
 representing utility and energy operations employees,  and  publish  the
 service  territory  jurisdiction  map  required under subdivision 4-a of
 section 66-r of the  public  service  law  within  ninety  days  of  the
 completion of such rulemaking;
   (c)  Establish  workforce  compliance  certification,  complaint,  and
 enforcement processes consistent with subdivisions 4-b, 4-c and  4-d  of
 section 66-r of the public service law;
   (d)  Establish minimum staffing standards for BESS facilities pursuant
 to subdivision 4-g of section 66-r of the public service law,  including
 rapid response protocols for remotely-operated facilities;
   (e)  Establish  a  PSC-certified  workforce  reliability program as an
 alternative compliance pathway under subparagraph (D) of paragraph  (ii)
 of  subdivision 4-b of section 66-r of the public service law. In estab-
 lishing such program, the commission shall conduct  not  less  than  two
 public hearings at which qualified labor organizations are designated as
 parties  with the right to submit written comments and present evidence,
 and shall make affirmative written findings addressing why any certified
 program is consistent with prevailing labor relations practices  in  the
 electric utility sector before approving any program under that pathway;
   (f)  Amend  program  solicitation and contract requirements, including
 the Bulk and Retail Energy Storage Incentive  Programs  administered  by
 NYSERDA, to reflect the requirements of this act;
   (g)  Coordinate  with  the  commissioner of labor to establish battery
 energy storage system O&M  apprenticeship  classifications  pursuant  to
 subdivision 4-h of section 66-r of the public service law and to approve
 training  programs  satisfying  the  requirements  of subdivision 4-e of
 section 66-r of the public service  law,  giving  priority  to  programs
 offered  by  joint  labor-management training funds and state-registered
 apprenticeship programs;
   (h) Conduct not less than two public hearings,  providing  opportunity
 for  testimony  from  qualified  labor  organizations, O&M workers, BESS
 A. 10917                           10
 
 owners and operators, NYSERDA, and other interested  parties,  prior  to
 the adoption of final rules; and
   (i)  In  the  event the commission fails to complete rulemaking within
 three hundred sixty-five days, the standard form a jurisdictional  memo-
 randum  of understanding template contained in the commission's proposed
 rulemaking, or if none, a template prepared by the department  of  labor
 in consultation with representative labor organizations, shall be deemed
 adopted  and in effect as of the three hundred sixty-sixth day after the
 effective date of this act.
   § 5. No later than five years after the effective date  of  this  act,
 and  every  five years thereafter, the public service commission and the
 commissioner of labor shall jointly submit a report to the governor, the
 temporary president of the senate, and the speaker of the assembly eval-
 uating implementation of this act, including:
   (a) The number, size, and location of BESS subject to this act;
   (b) Workforce compliance rates by safe harbor pathway utilized;
   (c) operations  and  maintenance  workforce  employment  levels,  wage
 rates, benefit levels, and representation rates at covered facilities;
   (d) Enforcement actions taken and civil penalties collected;
   (e)  The  impact of this act on battery energy storage systems deploy-
 ment toward The Climate Leadership and Community Protection Act  storage
 targets,  including  any documented effects on project costs or develop-
 ment timelines;
   (f) The adequacy of minimum staffing standards in light of  technolog-
 ical changes; and
   (g) Recommended amendments, if any, in light of implementation experi-
 ence and changes in applicable federal law or technology.
   § 6. 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 directly involved in the controversy.
   § 7. This act shall take effect on the one hundred eightieth day after
 it  shall  have  become a law; provided, however, that the provisions of
 section four of this act directing a Public Service Commission  rulemak-
 ing shall take effect immediately.