Senate Bill S9096

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9096
 
                             I N  S E N A T E
 
                             February 3, 2026
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN  ACT  to  amend  the  executive  law, in relation to establishing the
   office of energy and equity; and to amend the state  finance  law  and
   the  public  authorities  law,  in relation to establishing the energy
   affordability fund

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The executive law is amended by adding a new section  94-e
 to read as follows:
   § 94-E. OFFICE OF ENERGY AND  EQUITY.  1.    LEGISLATIVE  INTENT.  THE
 LEGISLATURE  HEREBY  FINDS AND DECLARES THAT ACCESS TO AFFORDABLE ENERGY
 IS ESSENTIAL TO THE HEALTH, SAFETY, AND ECONOMIC WELL-BEING OF THE RESI-
 DENTS OF THE STATE OF NEW YORK. EXCESSIVE HOUSEHOLD ENERGY COSTS  IMPOSE
 A  DISPROPORTIONATE  BURDEN  ON  LOW-  AND  MODERATE-INCOME  HOUSEHOLDS,
 SENIORS, PERSONS  WITH  DISABILITIES,  AND  RESIDENTS  OF  DISADVANTAGED
 COMMUNITIES,  INCREASING  THE RISK OF UTILITY ARREARAGES, SERVICE TERMI-
 NATIONS, HOUSING INSTABILITY, AND ADVERSE HEALTH OUTCOMES.
   THE LEGISLATURE FURTHER FINDS  THAT  THE  STATE  ADMINISTERS  MULTIPLE
 ENERGY  AFFORDABILITY, BILL ASSISTANCE, ENERGY EFFICIENCY, AND WEATHERI-
 ZATION PROGRAMS THROUGH VARIOUS AGENCIES AND PUBLIC  AUTHORITIES.    THE
 ADMINISTRATION  OF SUCH PROGRAMS IS FRAGMENTED, RESULTING IN ADMINISTRA-
 TIVE BARRIERS, INCONSISTENT ELIGIBILITY DETERMINATIONS, LIMITED  COORDI-
 NATION, AND GAPS IN PARTICIPATION. AS A RESULT, MANY ELIGIBLE HOUSEHOLDS
 DO  NOT  RECEIVE  THE  FULL SCOPE OF ENERGY AFFORDABILITY ASSISTANCE FOR
 WHICH THEY QUALIFY, AND STATEWIDE  ENERGY  BURDENS  REMAIN  UNACCEPTABLY
 HIGH.
   THE LEGISLATURE FURTHER FINDS THAT IMPROVING ENERGY AFFORDABILITY IS A
 MATTER  OF STATEWIDE CONCERN AND IS INTEGRAL TO ADVANCING ECONOMIC EQUI-
 TY, CONSUMER PROTECTION, HOUSING STABILITY, AND ENVIRONMENTAL JUSTICE. A
 COORDINATED, TRANSPARENT,  AND  DATA-DRIVEN  APPROACH  IS  NECESSARY  TO
 ENSURE  THAT ENERGY AFFORDABILITY PROGRAMS ARE EFFECTIVE, EQUITABLE, AND
 ACCESSIBLE.  ACCORDINGLY, THE LEGISLATURE FINDS THAT IT IS NECESSARY  TO
 ESTABLISH  AN OFFICE OF ENERGY AND EQUITY WITHIN THE DEPARTMENT OF STATE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10142-02-6
 S. 9096                             2

 TO:  COORDINATE AND STREAMLINE THE ADMINISTRATION OF ENERGY AFFORDABILI-
 TY PROGRAMS; MAXIMIZE THE  SUPPORT  AVAILABLE  TO  ELIGIBLE  HOUSEHOLDS;
 REDUCE  ADMINISTRATIVE  AND  STRUCTURAL  BARRIERS TO ACCESS; COLLECT AND
 REPORT  DATA  REGARDING  PROGRAM PARTICIPATION AND OUTCOMES; AND PROVIDE
 POLICY RECOMMENDATIONS TO IMPROVE THE EFFECTIVENESS, EQUITY, AND  ACCES-
 SIBILITY OF SUCH PROGRAMS.
   2.  DEFINITIONS.  FOR  PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "ENERGY AFFORDABILITY PROGRAM" MEANS ANY PROGRAM  ADMINISTERED  BY
 THE  STATE  THAT  IS  INTENDED  TO  REDUCE  A HOUSEHOLD'S ENERGY BURDEN,
 INCLUDING BUT NOT LIMITED TO ANY  PROGRAMS  THAT  PROVIDE  UTILITY  BILL
 ASSISTANCE, IMPROVE ENERGY EFFICIENCY, OR SUPPORT WEATHERIZATION, PRE-E-
 LECTRIFICATION, OR ELECTRIFICATION.
   (B)  "ENERGY BURDEN" MEANS THE PERCENTAGE OF HOUSEHOLD INCOME SPENT ON
 ELECTRICITY, NATURAL GAS, OR OTHER FORMS OF HOME ENERGY.
   3. OFFICE FOR ENERGY AND EQUITY.  THERE IS HEREBY CREATED  WITHIN  THE
 DEPARTMENT OF STATE THE OFFICE OF ENERGY AND EQUITY.  THE PURPOSE OF THE
 OFFICE  SHALL  BE TO ENSURE EQUITABLE ACCESS TO ALL ENERGY AFFORDABILITY
 INITIATIVES AVAILABLE IN THE STATE,  STREAMLINE  THE  ADMINISTRATION  OF
 SUCH INITIATIVES, AND MAXIMIZE ENERGY AFFORDABILITY SUPPORT FOR ELIGIBLE
 HOUSEHOLDS.
   4.  ORGANIZATION OF THE OFFICE OF ENERGY AND EQUITY. (A) THE SECRETARY
 SHALL APPOINT AN EXECUTIVE DIRECTOR OF  THE  OFFICE  TO  ACCOMPLISH  THE
 RESPONSIBILITIES  SET  FORTH  IN  THIS  SECTION. SUCH EXECUTIVE DIRECTOR
 SHALL RECEIVE AN ANNUAL SALARY WITHIN  AMOUNTS  APPROPRIATED  AND  SHALL
 SERVE AT THE PLEASURE OF THE SECRETARY.
   (B)  THE  SECRETARY  SHALL  HAVE  THE POWER TO ESTABLISH, CONSOLIDATE,
 REORGANIZE, OR ABOLISH ANY ORGANIZATIONAL UNITS WITHIN THE OFFICE AS THE
 SECRETARY DETERMINES TO BE NECESSARY FOR  EFFICIENT  OPERATION  THEREOF.
 THE  SECRETARY  SHALL  ASSIGN FUNCTIONS TO ANY SUCH UNIT AND MAY APPOINT
 STAFF, AGENTS, AND CONSULTANTS, PRESCRIBE THEIR DUTIES,  AND  FIX  THEIR
 COMPENSATION WITHIN AMOUNTS APPROPRIATED.
   5.  POWERS  AND DUTIES OF THE OFFICE OF ENERGY AND EQUITY.  THE OFFICE
 OF ENERGY AND EQUITY SHALL HAVE THE POWER AND RESPONSIBILITY TO:
   (A) COORDINATE AND STREAMLINE THE ADMINISTRATION OF ENERGY AFFORDABIL-
 ITY PROGRAMS ACROSS STATE AGENCIES, AUTHORITIES, AND OFFICES  TO  REDUCE
 ADMINISTRATIVE  BARRIERS AND IMPROVE HOUSEHOLD ACCESS TO ENERGY AFFORDA-
 BILITY PROGRAMS;
   (B) EVALUATE WHETHER ELIGIBLE HOUSEHOLDS ARE RECEIVING THE FULL  RANGE
 OF  AVAILABLE  ENERGY  AFFORDABILITY PROGRAMS FOR WHICH THEY QUALIFY AND
 IDENTIFY OPPORTUNITIES TO MAXIMIZE THE EFFECTIVENESS AND REACH  OF  SUCH
 SUPPORT;
   (C)  PROMOTE  TRANSPARENCY,  ACCOUNTABILITY,  AND EFFECTIVENESS IN THE
 DESIGN, ADMINISTRATION, AND DELIVERY OF ENERGY AFFORDABILITY PROGRAMS;
   (D) COLLECT, ANALYZE, AUDIT, AND PUBLICLY REPORT ON  DATA  RELATED  TO
 THE  ADMINISTRATION, PARTICIPATION, AND OUTCOMES OF ENERGY AFFORDABILITY
 PROGRAMS;
   (E) INTERVENE OR PARTICIPATE IN ANY  PROCEEDING  THAT  IMPACTS  ENERGY
 AFFORDABILITY BEFORE ANY STATE AGENCY, AUTHORITY, OR OFFICE;
   (F)  REQUEST  AND  RECEIVE  FROM ANY STATE OR LOCAL AUTHORITY, AGENCY,
 DEPARTMENT, OR DIVISION OF  THE  STATE  OR  POLITICAL  SUBDIVISION  SUCH
 ASSISTANCE,  PERSONNEL, INFORMATION, BOOKS, RECORDS, OTHER DOCUMENTATION
 AND COOPERATION NECESSARY TO PERFORM THEIR DUTIES; AND
   (G) ENTER INTO COOPERATIVE AGREEMENTS WITH OTHER GOVERNMENT OFFICES TO
 EFFICIENTLY CARRY OUT THEIR WORK.
 S. 9096                             3

   6. REPORTS. ON JULY FIRST,  TWO  THOUSAND  TWENTY-SEVEN  AND  ANNUALLY
 THEREAFTER,  THE  STATE OFFICE OF ENERGY AND EQUITY SHALL ISSUE A REPORT
 TO THE GOVERNOR AND THE LEGISLATURE, AND MAKE SUCH REPORT  AVAILABLE  TO
 THE  PUBLIC  FREE OF CHARGE ON A PUBLICLY AVAILABLE WEBSITE, CONTAINING,
 BUT NOT LIMITED TO, THE FOLLOWING INFORMATION:
   (A)  THE  MOST  RECENT  STATEWIDE  FIVE-YEAR  AVERAGE ENERGY BURDEN OF
 HOUSEHOLDS, AS REPORTED BY THE  U.S.  CENSUS  BUREAU,  AND/OR  BY  OTHER
 PUBLICLY AVAILABLE, COMPARABLE SOURCES;
   (B) THE ESTIMATED NUMBER OF, AND EQUIVALENT ENERGY BURDENS FOR, HOUSE-
 HOLDS WITH INCOMES:
   (I)  LESS  THAN  BUT  AT  OR  ABOVE  SIXTY PERCENT OF THE STATE MEDIAN
 INCOME;
   (II) LESS THAN SIXTY PERCENT OF THE STATE  MEDIAN  INCOME  BUT  AT  OR
 ABOVE THE FEDERAL POVERTY LEVEL; AND
   (III) LESS THAN THE FEDERAL POVERTY LEVEL;
   (C)  AN INVENTORY OF ALL ENERGY AFFORDABILITY PROGRAMS ADMINISTERED BY
 EACH STATE AGENCY, AUTHORITY, OR OFFICE, INCLUDING BUT NOT LIMITED TO:
   (I) THE PURPOSE, ELIGIBILITY  CRITERIA,  BENEFIT  STRUCTURE,  AND  THE
 ENTITY RESPONSIBLE FOR ADMINISTRATION OF THE PROGRAM;
   (II)  THE  MOST  RECENT  CALENDAR YEAR STATEWIDE NUMBER OF RESIDENTIAL
 UTILITY CUSTOMERS ENROLLED IN ANY ENERGY AFFORDABILITY  PROGRAM,  SUMMA-
 RIZED BY TYPE OF PROGRAM;
   (III) INFORMATION REGARDING THE USE OF FUNDS, INCLUDING, TO THE EXTENT
 PRACTICABLE, THE TOTAL FUNDS COLLECTED, ALLOCATED, AND EXPENDED FOR EACH
 ENERGY  AFFORDABILITY  PROGRAM AND THE FINANCIAL IMPACT OF SUCH PROGRAMS
 ON RESIDENTIAL HOUSEHOLDS; AND
   (IV) IDENTIFIED BARRIERS  TO  PARTICIPATION  IN  ENERGY  AFFORDABILITY
 PROGRAMS;
   (D) THE MOST RECENT CALENDAR YEAR STATEWIDE TOTAL OF RESIDENTIAL UTIL-
 ITY SERVICE TERMINATIONS;
   (E)  EQUIVALENT DATA AS REPORTED IN PARAGRAPHS (A) THROUGH (D) OF THIS
 SUBDIVISION, AGGREGATED AS PRACTICABLE BY ENERGY UTILITY  SERVICE  AREA,
 STATE   ECONOMIC   REGION,  COUNTY,  DISADVANTAGED  COMMUNITY  OR  OTHER
 GEOGRAPHIC OR POLITICAL SUBDIVISION; AND
   (F) POLICY  RECOMMENDATIONS  AND  SUGGESTED  STATUTORY  OR  REGULATORY
 AMENDMENTS THAT THE OFFICE DEEMS NECESSARY TO IMPROVE THE EFFECTIVENESS,
 EQUITY, AND ACCESSIBILITY OF ENERGY AFFORDABILITY PROGRAMS.
   § 2. The state finance law is amended by adding a new section 99-uu to
 read as follows:
   §  99-UU. ENERGY AFFORDABILITY FUND. 1. THERE IS HEREBY ESTABLISHED IN
 THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND  FINANCE  AND  THE
 STATE COMPTROLLER A SPECIAL FUND TO BE KNOWN AS THE "ENERGY AFFORDABILI-
 TY FUND".
   2.  THE  ENERGY AFFORDABILITY FUND SHALL CONSIST OF MONEYS RECEIVED BY
 THE STATE PURSUANT  TO  SUBDIVISION  TWENTY-SEVEN  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.
   3.  MONEYS OF THE FUND SHALL BE EXPENDED TO SUPPORT AND PROMOTE ENERGY
 AFFORDABILITY PROGRAMS ADMINISTERED BY ANY STATE AGENCY,  AUTHORITY,  OR
 OFFICE, FOR THE FOLLOWING PURPOSES:
   (A)  TO  PROVIDE FUNDING, ON A PRIORITY BASIS, FOR THE LOW-INCOME HOME
 ENERGY ASSISTANCE PROGRAM, AS REFERENCED IN SECTION NINETY-SEVEN OF  THE
 SOCIAL  SERVICES  LAW, IN CIRCUMSTANCES WHEN FEDERAL FUNDING IS UNAVAIL-
 ABLE OR INSUFFICIENT TO OPERATE THE PROGRAM;
 S. 9096                             4
 
   (B) TO REDUCE THE ENERGY BURDENS OF HOUSEHOLDS STATEWIDE WHOSE  ANNUAL
 ENERGY BURDENS ARE GREATER THAN SIX PERCENT OF THEIR INCOME; AND
   (C) TO ENABLE THE CONTINUITY OR RESTORATION OF SERVICE FOR RESIDENTIAL
 UTILITY  CUSTOMERS  WHOSE SERVICE IS AT RISK OF TERMINATION FOR NON-PAY-
 MENT, OR WHO HAVE HAD THEIR SERVICE TERMINATED FOR NON-PAYMENT.
   4. MONEYS IN THE ENERGY AFFORDABILITY FUND SHALL BE KEPT SEPARATE FROM
 AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF  THE
 COMPTROLLER  OR  THE  COMMISSIONER  OF  TAXATION  AND FINANCE. PROVIDED,
 HOWEVER, THAT ANY MONEYS OF THE FUND NOT REQUIRED FOR IMMEDIATE USE MAY,
 AT THE DISCRETION OF THE  COMPTROLLER,  AND  IN  CONSULTATION  WITH  THE
 DIRECTOR  OF  THE DIVISION OF THE BUDGET, BE INVESTED BY THE COMPTROLLER
 IN OBLIGATIONS OF THE UNITED STATES OR THE STATE. THE  PROCEEDS  OF  ANY
 SUCH  INVESTMENT  SHALL BE RETAINED BY THE FUND AS ASSETS TO BE USED FOR
 PURPOSES OF THE FUND.
   5. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
 THE  COMPTROLLER  ON  VOUCHERS  APPROVED  AND CERTIFIED BY THE EXECUTIVE
 DIRECTOR OF THE OFFICE OF ENERGY AND EQUITY.
   § 3. Section 1854 of the public authorities law is amended by adding a
 new subdivision 27 to read as follows:
   27. BEGINNING IN THE STATE FISCAL YEAR  TWO  THOUSAND  TWENTY-SIX--TWO
 THOUSAND  TWENTY-SEVEN,  THE AUTHORITY IS AUTHORIZED, AS DEEMED FEASIBLE
 AND ADVISABLE BY THE TRUSTEES, TO MAKE AVAILABLE AN AMOUNT  UP  TO  FIVE
 HUNDRED  MILLION  DOLLARS ANNUALLY TO THE OFFICE OF ENERGY AND EQUITY TO
 FUND PROGRAMS ESTABLISHED OR IMPLEMENTED BY  OR  WITHIN  THE  OFFICE  OF
 ENERGY AND EQUITY.
   §  4. This act shall take effect on the first of April next succeeding
 the date on which it shall have become a law.