LBD14020-04-5
S. 8669 2
B. THREE MEMBERS TO BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
SENATE;
C. THREE MEMBERS TO BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
D. THREE MEMBERS TO BE APPOINTED BY THE MINORITY LEADER OF THE SENATE;
AND
E. THREE MEMBERS TO BE APPOINTED BY THE MINORITY LEADER OF THE ASSEM-
BLY.
2. THE AT LARGE MEMBERS SHALL INCLUDE AT ALL TIMES INDIVIDUALS WITH
EXPERTISE IN THE FOLLOWING AREAS: BUSINESS, ENERGY PRODUCTION, MANUFAC-
TURING, CONSTRUCTION, LABOR, TRANSPORTATION, AGRICULTURE AND A LOCAL
GOVERNMENT OFFICIAL.
3. COUNCIL MEMBERS SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES
BUT SHALL BE REIMBURSED FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN
THE PERFORMANCE OF THEIR DUTIES.
4. THE CO-CHAIRS OF THE COUNCIL SHALL BE THE CHAIR OF THE PUBLIC
SERVICE COMMISSION AND THE PRESIDENT OF THE NEW YORK INDEPENDENT SYSTEM
OPERATOR; OR THEIR DESIGNEE.
5. EACH MEMBER OF THE COUNCIL SHALL BE ENTITLED TO ONE VOTE. THE COUN-
CIL'S APPROVAL AND ADOPTION OF THE FINAL SCOPING PLAN PURSUANT TO THIS
SECTION, AND ANY SUBSEQUENT INTERIM UPDATES THERETO, SHALL REQUIRE A
SUPERMAJORITY OF THE COUNCIL. NO ACTION MAY BE TAKEN BY THE COUNCIL
UNLESS THERE IS A QUORUM, WHICH SHALL AT ALL TIMES BE A MAJORITY OF THE
MEMBERS OF THE COUNCIL.
6. ANY VACANCIES ON THE COUNCIL SHALL BE FILLED IN THE MANNER PROVIDED
FOR IN THE INITIAL APPOINTMENT.
7. THE COUNCIL SHALL CONVENE ADVISORY PANELS REQUIRING SPECIAL EXPER-
TISE AND, AT A MINIMUM, SHALL ESTABLISH ADVISORY PANELS ON ENERGY
AFFORDABILITY, TRANSPORTATION, ENERGY INTENSIVE AND TRADE-EXPOSED INDUS-
TRIES, LAND-USE AND LOCAL GOVERNMENT, ENERGY EFFICIENCY AND CONSTRUCTION
COSTS, POWER GENERATION, ENERGY GRID RELIABILITY AND AGRICULTURE. WHERE
APPLICABLE, ADVISORY PANELS MAY PROVIDE RECOMMENDATIONS FOR UPSTATE
VERSUS DOWNSTATE AND PROVIDE COST-BENEFIT ANALYSIS TO SUPPORT EACH
REGIONAL POLICY DISTINCTION. THE PURPOSE OF THE ADVISORY PANELS SHALL BE
TO PROVIDE RECOMMENDATIONS TO THE COUNCIL ON SPECIFIC TOPICS, IN THE
PREPARATION OF THE SCOPING PLAN, AND INTERIM UPDATES TO THE SCOPING
PLAN, AND IN FULFILLING THE COUNCIL'S ONGOING DUTIES.
A. EACH ADVISORY PANEL SHALL BE CHAIRED BY THE RELEVANT AT LARGE
MEMBER OR DESIGNEE. THE COUNCIL MAY CONVENE AND DISSOLVE ADDITIONAL
ADVISORY PANELS, IN ITS SOLE DISCRETION, AND PURSUANT TO THE REQUIRE-
MENTS HEREIN.
B. ADVISORY PANELS SHALL BE COMPRISED OF NO MORE THAN FIVE VOTING
MEMBERS. THE COUNCIL SHALL ELECT ADVISORY PANEL MEMBERS, AND SUCH
MEMBERSHIP SHALL AT ALL TIMES REPRESENT INDIVIDUALS WITH DIRECT INVOLVE-
MENT OR EXPERTISE IN MATTERS TO BE ADDRESSED BY THE ADVISORY PANELS
PURSUANT TO THIS SECTION.
C. ADVISORY PANELS SHALL WORK DIRECTLY WITH THE COUNCIL ON THE PREPA-
RATION OF THE SCOPING PLAN PURSUANT TO THIS SECTION.
8. THE COUNCIL SHALL, WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS
ARTICLE, PREPARE AND APPROVE A SCOPING PLAN THAT OUTLINES RECOMMENDA-
TIONS FOR ACHIEVING AFFORDABLE AND ATTAINABLE STATEWIDE GREENHOUSE GAS
REDUCTIONS. THE PLAN SHALL INCLUDE PROPOSED LEGISLATIVE AND REGULATORY
ACTIONS AND MUST INCORPORATE A DETAILED COST-BENEFIT ANALYSIS, THAT
INCLUDES A BREAKOUT OF STATE, UTILITY, AND CONSUMER PROJECTED COSTS.
EACH RECOMMENDATION SHALL BE DEMONSTRATED TO BE COST-EFFECTIVE. FOR THE
PURPOSES OF THIS ARTICLE, COST-EFFECTIVE SHALL MEAN THE PROPOSED LEGIS-
LATIVE AND REGULATORY ACTIONS MUST NOT INCREASE THE PER-KILOWATT HOUR
S. 8669 3
PRICE OF ELECTRICITY BY MORE THAN THE NATIONAL AVERAGE ANNUAL INCREASE
IN THE PER-KILOWATT HOUR PRICE OF ELECTRICITY. THE SCOPING PLAN SHALL
INCLUDE RECOMMENDATIONS EXTENDING THROUGH AT LEAST THE YEAR TWO THOUSAND
FORTY. THE FIRST STATE ENERGY PLAN ISSUED AFTER COMPLETION OF THE SCOP-
ING PLAN REQUIRED BY THIS SECTION SHALL INCORPORATE THE COUNCIL'S RECOM-
MENDATIONS.
9. A. THE COUNCIL SHALL HOLD AT LEAST ONE PUBLIC COMMENT HEARING ON
THE DRAFT SCOPING PLAN IN EACH OF THE EMPIRE STATE DEVELOPMENT REGIONS
AND SHALL ALLOW AT LEAST ONE HUNDRED TWENTY DAYS FOR THE SUBMISSION OF
PUBLIC COMMENT.
B. THE COUNCIL SHALL PROVIDE MEANINGFUL OPPORTUNITIES FOR PUBLIC
COMMENT FROM ALL SEGMENTS OF THE POPULATION THAT WILL BE IMPACTED BY THE
PLAN.
C. ON OR BEFORE THREE YEARS OF THE EFFECTIVE DATE OF THIS ARTICLE, THE
COUNCIL SHALL SUBMIT THE FINAL SCOPING PLAN TO THE GOVERNOR, THE SPEAKER
OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY
LEADER OF THE SENATE AND THE MINORITY LEADER OF THE ASSEMBLY AND POST
SUCH PLAN ON ITS WEBSITE.
10. THE SCOPING PLAN SHALL IDENTIFY AND MAKE RECOMMENDATIONS ON REGU-
LATORY MEASURES, LEGISLATION AND OTHER STATE ACTIONS THAT WILL ENSURE
AFFORDABLE AND ATTAINABLE STATEWIDE GREENHOUSE GAS REDUCTIONS. THE MEAS-
URES AND ACTIONS CONSIDERED IN SUCH SCOPING PLAN SHALL AT A MINIMUM
INCLUDE:
A. MEASURES TO ENSURE THE STATE USES AFFORDABLE, RELIABLE SOURCES OF
ENERGY SUCH AS, AMONG OTHERS, HYDRO, NUCLEAR, CLEAN NATURAL GAS, ALONG
WITH WIND AND SOLAR;
B. MEASURES TO ENSURE LOCAL INPUT IS CONSIDERED DURING THE SITING
PROCESS OF ENERGY FACILITIES;
C. MEASURES TO ENSURE THE ELECTRIC GRID MAINTAINS RELIABILITY;
D. MEASURES TO ENSURE ENERGY AND UTILITY COSTS ARE AFFORDABLE;
E. MEASURES TO REDUCE EMISSIONS USING ENERGY EFFICIENCY THAT ARE COST
EFFECTIVE;
F. MEASURES THAT PROVIDE CONSUMER CHOICE;
G. LAND-USE AND TRANSPORTATION PLANNING MEASURES AIMED AT REDUCING
GREENHOUSE GAS EMISSIONS FROM MOTOR VEHICLES; AND
H. RECOMMENDATIONS TO AID IN THE TRANSITION OF THE STATE WORKFORCE.
11. THE COUNCIL SHALL UPDATE ITS PLAN FOR ACHIEVING AFFORDABLE AND
ATTAINABLE STATEWIDE GREENHOUSE GAS REDUCTIONS AT LEAST ONCE EVERY FIVE
YEARS AND SHALL MAKE SUCH UPDATES AVAILABLE TO THE GOVERNOR, THE SPEAKER
OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY
LEADER OF THE SENATE, THE MINORITY LEADER OF THE ASSEMBLY AND POST SUCH
UPDATES ON ITS WEBSITE.
§ 75-0103. STATEWIDE GREENHOUSE GAS EMISSIONS REPORT.
NO LATER THAN TWO YEARS AFTER THE EFFECTIVE DATE OF THIS ARTICLE, AND
EVERY TWO YEARS THEREAFTER, THE DEPARTMENT SHALL ISSUE A REPORT ON
STATEWIDE GREENHOUSE GAS EMISSIONS, EXPRESSED IN TONS OF CARBON DIOXIDE
EQUIVALENTS, FROM ALL GREENHOUSE GAS EMISSION SOURCES IN THE STATE.
§ 2. Section 66-p of the public service law is REPEALED.
§ 3. Subdivision c of section 4-207.1 of the administrative code of
the city of New York, as added by local law 99 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 section [75-0101] 8-0105 of the
environmental conservation law.
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§ 4. 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 section 75-0101 of the environmental conservation law]
CARBON DIOXIDE, METHANE, NITROUS OXIDE, HYDROFLUOROCARBONS, PERFLUORO-
CARBONS, SULFUR HEXAFLUORIDE, AND ANY OTHER SUBSTANCE EMITTED INTO THE
AIR THAT MAY BE REASONABLY ANTICIPATED TO CAUSE OR CONTRIBUTE TO ANTHRO-
POGENIC CLIMATE CHANGE.
§ 5. Subdivision 9 of section 8-0105 of the environmental conservation
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 section 75-0101 of this chapter] MEANS COMMUNITIES THAT
BEAR BURDENS OF NEGATIVE PUBLIC HEALTH EFFECTS, ENVIRONMENTAL POLLUTION,
IMPACTS OF CLIMATE CHANGE, AND POSSESS CERTAIN SOCIOECONOMIC CRITERIA,
OR COMPRISE HIGH-CONCENTRATIONS OF LOW- AND MODERATE- INCOME HOUSEHOLDS.
§ 6. 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
section [75-0101] 8-0105 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.
§ 7. Paragraph (a) of subdivision 1 of section 70-0118 of the environ-
mental conservation law, as amended by chapter 49 of the laws of 2023,
is amended to read as follows:
(a) "Disadvantaged communities" shall have the same meaning as subdi-
vision [five] NINE of section [75-0101] 8-0105 of this chapter.
§ 8. Paragraph (a) of subdivision 5 of section 70-0118 of the environ-
mental conservation law, as added by chapter 49 of the laws of 2023, is
amended to read as follows:
(a) relevant baseline data on existing burdens, including from rele-
vant criteria used to designate the particular disadvantaged communities
[pursuant to subdivision one of section 75-0111 of this chapter];
§ 9. Subdivision 8 of section 76-0101 of the environmental conserva-
tion law, as amended by chapter 100 of the laws of 2025, is 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 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
S. 8669 5
refining worldwide by such entity and are not limited to such emissions
within the state.
§ 10. Paragraph g of subdivision 2 of section 76-0103 of the environ-
mental conservation law, as amended by chapter 100 of the laws of 2025,
is 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
change adaptive infrastructure projects that benefit disadvantaged
communities as defined in section [75-0101] 8-0105 of this chapter.
§ 11. Paragraph (d) of subdivision 27-a of section 1005 of the public
authorities law, as amended by section 28 of part O of chapter 58 of the
laws of 2024, is amended to read as follows:
(d) No later than one hundred eighty days after the effective date of
this subdivision, and annually thereafter, the authority shall confer
with the New York state energy research and development authority, the
department of public service, climate and resiliency experts, labor
organizations, and environmental justice and community organizations
concerning the state's progress on meeting [the] CERTAIN renewable ener-
gy goals [established by the climate leadership and community protection
act. When exercising the authority provided for in paragraph (a) of this
subdivision, the information developed through such conferral shall be
used to identify projects to help ensure that the state meets its goals
under the climate leadership and community protection act]. Any confer-
ral provided for in this paragraph shall include consideration of the
timing of projects in the interconnection queue of the federally desig-
nated electric bulk system operator for New York state, taking into
account both capacity factors or planned projects and the intercon-
nection queue's historical completion rate. A report on the information
developed through such conferral shall be published and made accessible
on the website of the authority.
§ 11-a. Paragraph (d) of subdivision 27-a of section 1005 of the
public authorities law, as added by section 1 of part QQ of chapter 56
of the laws of 2023, is amended to read as follows:
(d) No later than one hundred eighty days after the effective date of
this subdivision, and annually thereafter, the authority shall confer
with the New York state energy research and development authority, the
office of renewable energy siting, the department of public service,
climate and resiliency experts, labor organizations, and environmental
justice and community organizations concerning the state's progress on
meeting [the] CERTAIN renewable energy goals [established by the climate
leadership and community protection act]. When exercising the authority
provided for in paragraph (a) of this subdivision, the information
developed through such conferral shall be used to identify projects to
help ensure that the state meets its goals under the climate leadership
and community protection act. Any conferral provided for in this para-
graph shall include consideration of the timing of projects in the
interconnection queue of the federally designated electric bulk system
operator for New York state, taking into account both capacity factors
or planned projects and the interconnection queue's historical
completion rate. A report on the information developed through such
conferral shall be published and made accessible on the website of the
authority.
§ 11-b. Paragraph (a) of subdivision 27-b of section 1005 of the
public authorities law, as added by section 2 of part QQ of chapter 56
of the laws of 2023, is amended to read as follows:
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(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] NINE of section [sixty-six-p] 8-0105 of the
[public service] ENVIRONMENTAL CONSERVATION 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] SECTION
8-0105 of the environmental conservation law;
(iii) "jurisdictional load serving entity" has the same meaning as
defined in paragraph (a) of subdivision one of 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 elec-
tric 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 renewa-
ble energy system;
[(vi)] (V) "renewable energy systems" [has the same meaning as defined
in paragraph (b) of subdivision one of section sixty-six-p of the public
service law] SHALL BE DEFINED BY THE PUBLIC SERVICE COMMISSION AND SHALL
INCLUDE, BUT NOT BE LIMITED TO, AN ENERGY SYSTEM THAT USES SOLAR, WIND,
HYDROPOWER, HYDROGEN, NUCLEAR POWER, OR NATURAL GAS AS ITS POWER SOURCE;
and
[(vii)] (VI) "qualified energy storage system" has the same meaning as
defined in subdivision one of section seventy-four of the public service
law.
§ 12. Paragraph (a) of subdivision 27-c of section 1005 of the public
authorities law is REPEALED.
§ 13. 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] NINE of section [75-0101] 8-0105 of the environ-
mental conservation law.
4. "Renewable energy" shall [have the same meaning as defined in
section sixty-six-p of the public service law] BE DEFINED BY THE PUBLIC
SERVICE COMMISSION AND SHALL INCLUDE, BUT NOT BE LIMITED TO, ENERGY
DERIVED FROM AN ENERGY SYSTEM THAT USES SOLAR, WIND, HYDROPOWER, HYDRO-
GEN, NUCLEAR POWER, OR NATURAL GAS AS ITS POWER SOURCE.
§ 14. Subdivisions 1 and 2 of section 66-t of the public service law,
as added by chapter 375 of the laws of 2022, are amended to read as
follows:
1. The public service commission shall initiate a proceeding within
three months of the effective date of this section to support the devel-
S. 8669 7
opment of thermal energy networks [for the purpose of meeting the green-
house gas emissions and equity goals of the climate leadership and
community protection act]. The matters the commission shall consider in
such proceeding shall include, but shall not be limited to, the appro-
priate ownership, market, and rate structures for thermal energy
networks and whether the provision of thermal energy services by gas
and/or electric utilities is in the public interest. The commission
shall promulgate rules and regulations within two years to: (a) create
fair market access rules for utility-owned thermal energy networks to
accept thermal energy [that aligns with the climate justice and green-
house gas emissions reductions requirements of the climate leadership
and community protection act] and that does not increase greenhouse gas
emissions or co-pollutants; (b) exempt small-scale thermal energy
networks not owned by utilities from commission regulation; (c) promote
the training and transition of utility workers impacted by this [act]
SECTION; and (d) encourage third party participation and competition
where it will maximize benefits to customers.
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
each utility territory shall be proposed in a disadvantaged community as
defined in subdivision [five] NINE of section [75-0101] 8-0105 of the
environmental conservation law, and if a utility proposes four or more
pilot projects, at least two shall be proposed in disadvantaged communi-
ties. Each utility shall coordinate with other utility participants, the
New York state energy research and development authority, and consult-
ants with expertise on successful pilot projects to ensure that the
pilot projects are diverse and designed to inform the commission's deci-
sions 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 whether pilot thermal energy network projects are in the
public interest, the commission shall consider whether the pilot project
will develop information 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 financial and technical approaches to equitable
and affordable building electrification, and whether the pilot project
creates benefits to customers and society at large, including but not
limited to public health benefits in areas with disproportionate envi-
ronmental or public health burdens, job retention/creation, reliability,
and increased affordability of renewable thermal energy options.
§ 15. 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 REPEALED.
§ 16. Subdivisions 24, 25 and 26 of section 1854 of the public author-
ities law are REPEALED.
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§ 17. 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 for the year 2023, is amended to read as follows:
Disadvantaged community. The term "disadvantaged community" means a
disadvantaged community identified pursuant to section [75-0111] 8-0105
of the environmental conservation law.
§ 18. 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 environ-
mental conservation law];
§ 19. 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 section [75-0111] 8-0105 of this chapter.
33. "Renewable energy facility site" shall mean real property: (a)
that is used for a renewable energy system[, as defined in 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.
§ 20. Subdivision 4 of section 58-0101 of the environmental conserva-
tion law, as amended 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 section [75-0111] 8-0105 of this chapter.
§ 21. Paragraph (a) of subdivision 1 of section 70-0118 of the envi-
ronmental conservation law, as amended by chapter 49 of the laws of
2023, is amended to read as follows:
(a) "Disadvantaged communities" shall have the same meaning as subdi-
vision [five] NINE of section [75-0101] 8-0105 of this chapter.
§ 22. Paragraph g of subdivision 2, paragraph d of subdivision 3,
paragraph h of subdivision 6, and subdivision 7 of section 76-0103 of
the environmental conservation law, paragraph g of subdivision 2, para-
graph d of subdivision 3, and paragraph h of subdivision 6 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
change adaptive infrastructure projects that benefit disadvantaged
communities as defined in section [75-0101] 8-0105 of this chapter.
S. 8669 9
d. In determining the amount of greenhouse gas emissions attributable
to any entity, the department may: i. require an entity to provide
information to the department related to past practices, production,
extraction, refining, emissions, or other historical information about
such entity necessary or appropriate to enable the department to deter-
mine whether such entity is a responsible party and, if so, the amount
of such responsible party's covered greenhouse gas emissions; ii. apply
consistent emissions factors, [consistent with the climate leadership
and community protection act pursuant to chapter one hundred six of the
laws of two thousand nineteen,] to convert extraction and refining data
into greenhouse gas emissions; and iii. utilize information received
from the department of taxation and finance pursuant to subdivision (a)
of section three hundred fourteen of the tax law.
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 section
[75-0111] 8-0105 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 section
[75-0101] 8-0105 of this chapter.
§ 23. 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 section [75-0111] 8-0105 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.
§ 24. 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 section [75-0111] 8-0105 of the environmental conserva-
tion law.
§ 25. 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-
S. 8669 10
sion one of section sixty-six-p of the public service law as added by
chapter one hundred six of the laws of two thousand nineteen].
§ 26. 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
section sixty-six-p of the public service law,] THAT USES RENEWABLE
ENERGY AS DEFINED BY THE PUBLIC SERVICE COMMISSION, INCLUDING BUT NOT
LIMITED TO, SOLAR, WIND, HYDROPOWER, HYDROGEN, NUCLEAR POWER, OR NATURAL
GAS AS ITS POWER SOURCE with a capacity of one or more megawatts alter-
nating 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 subdivi-
sion 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 section sixty-six-p of the public 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.
§ 27. 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
section sixty-six-p of this article,] THAT USES RENEWABLE ENERGY AS
DEFINED BY THE PUBLIC SERVICE COMMISSION, INCLUDING BUT NOT LIMITED TO,
SOLAR, WIND, HYDROPOWER, HYDROGEN, NUCLEAR POWER, OR NATURAL GAS AS ITS
POWER SOURCE with a capacity of greater than five megawatts alternating
current and which involves the procurement of renewable energy credits
by a public entity, or a third party acting on behalf and for the bene-
fit of a public entity.
§ 28. 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 section sixty-six-p of this chap-
ter,] THAT USES RENEWABLE ENERGY AS DEFINED BY THE PUBLIC SERVICE
COMMISSION AS ITS POWER SOURCE with a nameplate generating capacity of
twenty-five thousand kilowatts or more, and any co-located system stor-
ing energy generated from such a renewable energy system prior to deliv-
S. 8669 11
ering it to the bulk transmission system, including all associated
appurtenances to electric plants, including electric transmission facil-
ities less than ten miles in length in order to provide access to load
and to integrate such facilities into the state's bulk electric trans-
mission system.
§ 29. This act shall take effect immediately; provided, however, that
the amendments to subdivisions 3 and 4 of section 1911 of the public
authorities law made by section thirteen of this act shall not affect
the repeal of such subdivisions and shall be deemed repealed therewith;
provided, further, that the amendments made to subdivision 4 of section
137 of the public service law made by section twenty-eight of this act
shall not affect the repeal of such subdivision and shall be deemed
repealed therewith; provided, further, that the amendments to paragraph
(d) of subdivision 27-a of section 1005 of the public authorities law
made by section eleven of this act shall be subject to the expiration
and reversion of such subdivision pursuant to section 34 of part O of
chapter 58 of the laws of 2024, as amended, when upon such date the
provisions of section eleven-a of this act shall take effect.
