S T A T E O F N E W Y O R K
________________________________________________________________________
11099
I N A S S E M B L Y
April 24, 2026
___________
Introduced by M. of A. GRAY -- read once and referred to the Committee
on Labor
AN ACT to amend the labor law and the public service law, in relation to
requiring project labor agreements for renewable energy projects
receiving state support; and providing for the repeal of certain
provisions upon expiration thereof
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 "renewable energy project labor agreement act".
§ 2. Legislative findings and intent. 1. The legislature hereby finds
and declares that New York's climate and clean energy mandates --
including the requirement that at least seventy percent of statewide
electric generation be produced by renewable energy systems by 2030 and
that the electric system achieve zero emissions by 2040 -- require
sustained and large-scale investment in renewable energy infrastructure
and the workforce that builds it.
2. The legislature further finds that the state's most recent land-
based renewable energy solicitations, including the 2025 Tier 1 renewa-
ble energy standard request for proposals, underscore both the scale and
the speed of the build-out now underway, as developers seek to advance
projects in time to qualify for federal tax incentives and to meet the
state's clean energy standard goals. Analyses of clean energy
construction workforces have identified high levels of job turnover,
multiple short-term employers, and limited access to benefits in
portions of the renewable energy construction sector, indicating a shor-
tage of high-quality jobs rather than a shortage of workers.
3. The legislature finds that project labor agreements on construction
projects have been recognized as tools that can help ensure that
projects are completed on time and on budget, with a trained and skilled
workforce, while promoting labor-management cooperation, apprenticeship
training, safety, and diversity in the construction trades.
4. The legislature therefore declares it to be the policy of the state
that construction work on renewable energy projects benefitting from
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14425-01-6
A. 11099 2
state programs, approvals, or financial assistance shall proceed under
project labor agreements with bona fide building and construction trade
labor organizations, and that such requirements should apply broadly to
renewable energy projects, with particular attention to solar energy
projects regardless of size, except for limited exclusions for small
owner-occupied residential systems.
5. It is the intent of the legislature to (a) establish a general
requirement in the labor law that covered renewable energy projects
operated or supported pursuant to state programs be constructed under
project labor agreements; (b) integrate that requirement into the
state's consolidated siting framework for major renewable energy facili-
ties; and (c) require the public service commission to condition
programs implemented under section sixty-six-p of the public service
law, and related renewable energy procurement programs, on compliance
with project labor agreement requirements.
§ 3. The labor law is amended by adding a new section 224-g to read as
follows:
§ 224-G. PROJECT LABOR AGREEMENT REQUIREMENTS FOR CERTAIN RENEWABLE
ENERGY PROJECTS. 1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION:
(A) "PROJECT LABOR AGREEMENT" SHALL MEAN A PROJECT LABOR AGREEMENT AS
DEFINED BY SUBDIVISION ONE OF SECTION TWO HUNDRED TWENTY-TWO OF THIS
ARTICLE.
(B) "RENEWABLE ENERGY SYSTEM" SHALL MEAN A RENEWABLE ENERGY SYSTEM AS
DEFINED IN SECTION SIXTY-SIX-P OF THE PUBLIC SERVICE LAW.
(C) "MAJOR RENEWABLE ENERGY FACILITY" SHALL MEAN ANY RENEWABLE ENERGY
SYSTEM, AS SUCH TERM IS DEFINED IN SECTION SIXTY-SIX-P OF THE PUBLIC
SERVICE LAW, WITH A NAMEPLATE GENERATING CAPACITY OF TWENTY-FIVE THOU-
SAND KILOWATTS OR MORE, AND ANY CO-LOCATED SYSTEM STORING ENERGY GENER-
ATED FROM SUCH A RENEWABLE ENERGY SYSTEM PRIOR TO DELIVERING IT TO THE
BULK TRANSMISSION SYSTEM, INCLUDING ALL ASSOCIATED APPURTENANCES TO
ELECTRIC PLANTS AS DEFINED UNDER SECTION TWO OF THE PUBLIC SERVICE LAW,
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.
(D) "STATE ENTITY" SHALL MEAN THE STATE OF NEW YORK, ANY STATE AGENCY,
DEPARTMENT, OFFICE, OR DIVISION, ANY PUBLIC AUTHORITY OR PUBLIC BENEFIT
CORPORATION OF THE STATE, INCLUDING BUT NOT LIMITED TO THE NEW YORK
STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY AND THE POWER AUTHORITY
OF THE STATE OF NEW YORK, AND ANY LOCAL INDUSTRIAL DEVELOPMENT AGENCY OR
LOCAL DEVELOPMENT CORPORATION ACTING ON BEHALF OF THE STATE OR ANY SUCH
PUBLIC AUTHORITY WITH RESPECT TO A RENEWABLE ENERGY PROJECT THAT IS PART
OF, OR COUNTED TOWARD, COMPLIANCE WITH THE PROGRAM ESTABLISHED UNDER
SECTION SIXTY-SIX-P OF THE PUBLIC SERVICE LAW.
(E) "STATE FINANCIAL ASSISTANCE" SHALL MEAN ANY GRANT, LOAN, REBATE,
TAX CREDIT, TAX EXEMPTION, TAX ABATEMENT, POWER PURCHASE AGREEMENT,
RENEWABLE ENERGY CREDIT CONTRACT, OR OTHER FINANCIAL ASSISTANCE, WHETHER
DIRECT OR INDIRECT, PROVIDED BY A STATE ENTITY FOR THE PURPOSE OF PLAN-
NING, DEVELOPING, PERMITTING, FINANCING, CONSTRUCTING, OR REPOWERING A
RENEWABLE ENERGY SYSTEM.
(F) "COVERED RENEWABLE ENERGY PROJECT" SHALL MEAN:
(I) ANY MAJOR RENEWABLE ENERGY FACILITY;
(II) ANY RENEWABLE ENERGY SYSTEM WITH A NAMEPLATE GENERATING CAPACITY
OF ONE MEGAWATT ALTERNATING CURRENT OR GREATER THAT INVOLVES THE
PROCUREMENT OF RENEWABLE ENERGY CREDITS BY A PUBLIC ENTITY, OR A THIRD
PARTY ACTING ON BEHALF OF AND FOR THE BENEFIT OF A PUBLIC ENTITY,
A. 11099 3
INCLUDING BUT NOT LIMITED TO SYSTEMS SUBJECT TO SECTION TWO HUNDRED
TWENTY-FOUR-D OF THIS ARTICLE;
(III) ANY SOLAR ENERGY PROJECT, REGARDLESS OF NAMEPLATE CAPACITY, THAT
(A) IS LOCATED ON PROPERTY OTHER THAN A ONE- OR TWO-FAMILY OWNER-OCCU-
PIED RESIDENTIAL STRUCTURE AND (B) RECEIVES STATE FINANCIAL ASSISTANCE;
AND
(IV) ANY OTHER RENEWABLE ENERGY SYSTEM THAT RECEIVES STATE FINANCIAL
ASSISTANCE AND IS DESIGNATED AS A COVERED RENEWABLE ENERGY PROJECT BY
THE COMMISSIONER BY REGULATION, AFTER CONSULTATION WITH THE CHAIR OF THE
PUBLIC SERVICE COMMISSION AND THE PRESIDENT AND CHIEF EXECUTIVE OFFICER
OF THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY.
(G) "OWNER" SHALL MEAN THE PERSON OR ENTITY THAT HOLDS THE PRINCIPAL
OWNERSHIP INTEREST IN A COVERED RENEWABLE ENERGY PROJECT OR THAT ENTERS
INTO CONTRACTS FOR THE DESIGN AND CONSTRUCTION OF A COVERED RENEWABLE
ENERGY PROJECT.
2. REQUIREMENT FOR PROJECT LABOR AGREEMENTS. (A) ALL CONSTRUCTION,
INCLUDING INITIAL CONSTRUCTION AND REPOWERING, OF A COVERED RENEWABLE
ENERGY PROJECT SHALL BE PERFORMED PURSUANT TO A PROJECT LABOR AGREEMENT
BETWEEN THE OWNER, OR A CONSTRUCTION MANAGER OR GENERAL CONTRACTOR
ACTING ON BEHALF OF THE OWNER, AND ONE OR MORE BONA FIDE BUILDING AND
CONSTRUCTION TRADE LABOR ORGANIZATIONS THAT HAVE ESTABLISHED THEMSELVES
AND/OR THEIR AFFILIATES AS THE COLLECTIVE BARGAINING REPRESENTATIVES FOR
PERSONS WHO WILL PERFORM WORK ON SUCH PROJECT.
(B) NO STATE ENTITY SHALL PROVIDE STATE FINANCIAL ASSISTANCE TO, AWARD
A POWER PURCHASE AGREEMENT OR RENEWABLE ENERGY CREDIT CONTRACT FOR, OR
OTHERWISE APPROVE OR SUPPORT A COVERED RENEWABLE ENERGY PROJECT UNLESS
THE OWNER HAS CERTIFIED TO SUCH STATE ENTITY, IN THE FORM AND MANNER
PRESCRIBED BY THE COMMISSIONER, THAT THE CONSTRUCTION WORK ON THE
PROJECT WILL BE PERFORMED PURSUANT TO A PROJECT LABOR AGREEMENT THAT
MEETS THE REQUIREMENTS OF THIS SECTION AND SUBDIVISION TWO OF SECTION
TWO HUNDRED TWENTY-TWO OF THIS ARTICLE.
(C) ANY SOLICITATION, REQUEST FOR PROPOSALS, OR OTHER PROCUREMENT
DOCUMENT ISSUED BY A STATE ENTITY FOR THE PURCHASE OF ENERGY, CAPACITY,
OR ENVIRONMENTAL ATTRIBUTES FROM A COVERED RENEWABLE ENERGY PROJECT, OR
FOR THE PROVISION OF STATE FINANCIAL ASSISTANCE TO A COVERED RENEWABLE
ENERGY PROJECT, SHALL INCLUDE NOTICE OF THE REQUIREMENT THAT SUCH
PROJECT BE CONSTRUCTED PURSUANT TO A PROJECT LABOR AGREEMENT, AND SHALL
PROVIDE THAT FAILURE TO COMPLY WITH SUCH REQUIREMENT SHALL BE GROUNDS
FOR REJECTION OF A BID OR PROPOSAL OR FOR TERMINATION OF AN AWARD OR
AGREEMENT.
3. SCOPE AND CONTENT OF PROJECT LABOR AGREEMENTS. A PROJECT LABOR
AGREEMENT REQUIRED BY THIS SECTION SHALL:
(A) MEET THE STANDARDS SET FORTH IN SECTION TWO HUNDRED TWENTY-TWO OF
THIS ARTICLE;
(B) APPLY TO ALL CONTRACTORS AND SUBCONTRACTORS PERFORMING
CONSTRUCTION WORK ON THE COVERED RENEWABLE ENERGY PROJECT, INCLUDING
SITE PREPARATION, FOUNDATIONS, INSTALLATION OF GENERATING EQUIPMENT,
ELECTRICAL COLLECTION SYSTEMS, INTERCONNECTION FACILITIES, AND RELATED
BALANCE-OF-PLANT INFRASTRUCTURE, BUT EXCLUDING MANUFACTURING OF EQUIP-
MENT NOT PERFORMED AT THE PROJECT SITE; AND
(C) REQUIRE PARTICIPATION IN REGISTERED APPRENTICESHIP PROGRAMS TO THE
MAXIMUM EXTENT PRACTICABLE, CONSISTENT WITH SUBDIVISION TWO OF SECTION
TWO HUNDRED TWENTY-TWO OF THIS ARTICLE.
4. RULES AND REGULATIONS; COORDINATION. (A) THE COMMISSIONER SHALL
PROMULGATE SUCH RULES AND REGULATIONS AS MAY BE NECESSARY TO IMPLEMENT
THIS SECTION, INCLUDING BUT NOT LIMITED TO RULES ESTABLISHING PROCEDURES
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FOR CERTIFICATION OF COMPLIANCE BY OWNERS, CONTRACTORS, AND SUBCONTRAC-
TORS, AND PROCEDURES FOR ENFORCEMENT AND REMEDIES.
(B) THE COMMISSIONER SHALL CONSULT WITH THE CHAIR OF THE PUBLIC
SERVICE COMMISSION, THE DIRECTOR OF THE OFFICE OF RENEWABLE ENERGY
SITING AND ELECTRIC TRANSMISSION, AND THE PRESIDENT AND CHIEF EXECUTIVE
OFFICER OF THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY
TO ENSURE THAT REQUIREMENTS ADOPTED PURSUANT TO THIS SECTION ARE HARMON-
IZED WITH REQUIREMENTS IMPOSED UNDER THE EXECUTIVE LAW AND PUBLIC
SERVICE LAW.
5. CONSTRUCTION. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO:
(A) LIMIT OR DIMINISH ANY OBLIGATION TO PAY PREVAILING WAGES PURSUANT
TO THIS ARTICLE OR ANY OTHER PROVISION OF LAW; OR
(B) PROHIBIT A STATE ENTITY FROM IMPOSING PROJECT LABOR AGREEMENT
REQUIREMENTS ON PROJECTS OR ACTIVITIES NOT COVERED BY THIS SECTION.
§ 4. The public service law is amended by adding a new section 149 to
read as follows:
§ 149. PROJECT LABOR AGREEMENTS FOR MAJOR RENEWABLE ENERGY FACILITIES.
1. THE OFFICE OF RENEWABLE ENERGY SITING AND ELECTRIC TRANSMISSION SHALL
REQUIRE, AS A CONDITION OF ISSUANCE OF A SITING PERMIT FOR A MAJOR
RENEWABLE ENERGY FACILITY, THAT THE APPLICANT DEMONSTRATE TO THE SATIS-
FACTION OF THE OFFICE THAT ALL CONSTRUCTION WORK ON SUCH FACILITY WILL
BE PERFORMED PURSUANT TO A PROJECT LABOR AGREEMENT, AS SUCH TERM IS
DEFINED IN SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW, THAT MEETS
THE REQUIREMENTS OF SECTION TWO HUNDRED TWENTY-FOUR-G OF THE LABOR LAW.
2. THE APPLICANT SHALL SUBMIT, IN SUCH FORM AND MANNER AS THE OFFICE
MAY PRESCRIBE, EITHER (A) AN EXECUTED PROJECT LABOR AGREEMENT, OR (B) A
BINDING COMMITMENT TO ENTER INTO A PROJECT LABOR AGREEMENT PRIOR TO THE
COMMENCEMENT OF CONSTRUCTION, TOGETHER WITH EVIDENCE THAT NEGOTIATIONS
TOWARD SUCH AGREEMENT HAVE BEEN COMMENCED WITH ONE OR MORE BONA FIDE
BUILDING AND CONSTRUCTION TRADE LABOR ORGANIZATIONS HAVING JURISDICTION
OVER THE AREA IN WHICH THE FACILITY IS TO BE LOCATED.
3. THE OFFICE SHALL INCORPORATE INTO EACH SITING PERMIT FOR A MAJOR
RENEWABLE ENERGY FACILITY ENFORCEABLE CONDITIONS REQUIRING COMPLIANCE
WITH THE PROJECT LABOR AGREEMENT OBLIGATION ESTABLISHED BY THIS SECTION
AND BY SECTION TWO HUNDRED TWENTY-FOUR-G OF THE LABOR LAW, AND SHALL
COORDINATE WITH THE DEPARTMENT OF LABOR WITH RESPECT TO MONITORING AND
ENFORCEMENT.
§ 5. Section 66-p of the public service law is amended by adding a new
subdivision 9 to read as follows:
9. PROJECT LABOR AGREEMENTS FOR RENEWABLE ENERGY PROJECTS. (A) IN
ADMINISTERING THE PROGRAM ESTABLISHED UNDER THIS SECTION AND ANY RELATED
PROCUREMENT OF RENEWABLE ENERGY CREDITS OR OTHER ATTRIBUTES, THE COMMIS-
SION SHALL ENSURE THAT RENEWABLE ENERGY SYSTEMS THAT ARE COUNTED TOWARD
THE TARGETS ESTABLISHED BY THIS SECTION AND THAT CONSTITUTE COVERED
RENEWABLE ENERGY PROJECTS UNDER SECTION TWO HUNDRED TWENTY-FOUR-G OF THE
LABOR LAW ARE CONSTRUCTED PURSUANT TO PROJECT LABOR AGREEMENTS.
(B) THE COMMISSION SHALL, BY ORDER OR REGULATION, REQUIRE JURISDIC-
TIONAL LOAD SERVING ENTITIES AND STATE ENTITIES ADMINISTERING PROCURE-
MENT OR INCENTIVE PROGRAMS IN FURTHERANCE OF THIS SECTION TO CONDITION
ELIGIBILITY FOR PARTICIPATION, AND ELIGIBILITY FOR LONG-TERM CONTRACTS
FOR THE PURCHASE OF RENEWABLE ENERGY CREDITS OR OTHER ATTRIBUTES, ON
COMPLIANCE WITH THE PROJECT LABOR AGREEMENT REQUIREMENTS OF SECTION TWO
HUNDRED TWENTY-FOUR-G OF THE LABOR LAW.
(C) THE COMMISSION SHALL COORDINATE WITH THE DEPARTMENT OF LABOR AND
THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY TO ALIGN
PROGRAM RULES, SOLICITATIONS AND STANDARD CONTRACT TERMS WITH THE
A. 11099 5
REQUIREMENTS OF THIS SUBDIVISION AND SECTION TWO HUNDRED TWENTY-FOUR-G
OF THE LABOR LAW.
§ 6. The requirements of this act shall apply to:
(a) any covered renewable energy project for which a solicitation,
request for proposals, or other procurement document issued by a state
entity is first issued on or after the effective date of this act;
(b) any application for a siting permit for a major renewable energy
facility that is first deemed complete by the office of renewable energy
siting and electric transmission on or after the effective date of this
act; and
(c) any renewable energy system that first enters into a contract to
sell renewable energy credits or other environmental attributes to a
state entity on or after the effective date of this act.
§ 7. Nothing in this act shall be construed to impair an existing
contract for the construction of a renewable energy project that has
been fully executed prior to the effective date of this act, provided
that any substantial amendment or extension of such contract occurring
on or after such effective date shall conform to the requirements of
this act.
§ 8. 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.
§ 9. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that the amendments to
article 8 of the public service law made by section four of this act
shall not affect the repeal of such article and shall be deemed repealed
therewith. Effective immediately, the commissioner of labor, the chair
of the public service commission, the director of the office of renewa-
ble energy siting and electric transmission, and the president and chief
executive officer of the New York state energy research and development
authority are authorized and directed to promulgate any rules, regu-
lations, orders or program modifications and to take any other steps
necessary for the implementation of this act on or before such effective
date.