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Implements the "New York State Build Public Renewables Act"
(D, WF) 21st Senate District
| Assembly Actions - Lowercase Senate Actions - UPPERCASE | |
|---|---|
| Jun 01, 2022 | referred to ways and means delivered to assembly passed senate |
| May 31, 2022 | ordered to third reading cal.1646 committee discharged and committed to rules |
| May 27, 2022 | print number 6453c |
| May 27, 2022 | amend and recommit to energy and telecommunications |
| May 20, 2022 | print number 6453b |
| May 20, 2022 | amend and recommit to energy and telecommunications |
| Apr 25, 2022 | print number 6453a |
| Apr 25, 2022 | amend (t) and recommit to energy and telecommunications |
| Jan 05, 2022 | referred to energy and telecommunications |
| Apr 29, 2021 | referred to energy and telecommunications |
(D, WF) 18th Senate District
(D) 15th Senate District
(D) 36th Senate District
(D, WF) Senate District
View additional co-sponsors
(D, WF) 46th Senate District
(D, WF) 25th Senate District
(D) 30th Senate District
(D, WF) 12th Senate District
(D, WF) 47th Senate District
(D, WF) 31st Senate District
(D) 27th Senate District
(D, WF) 48th Senate District
(D) 20th Senate District
(D, WF) 13th Senate District
(D, WF) 33rd Senate District
(D) 10th Senate District
(D) 32nd Senate District
(D, WF) 29th Senate District
(D) 42nd Senate District
See Assembly Version of this Bill: A1466 Current Committee: Assembly Ways And Means Law Section: Public Authorities Law Laws Affected: Amd §§1005 & 1003, Pub Auth L Versions Introduced in Other Legislative Sessions: 2019-2020: S7232, A8938
2023-2024: S4134, A279
Implements the "New York State Build Public Renewables Act"; requires the New York power authority to provide only renewable energy and power to customers; requires such authority to be the sole provider of energy to all state owned and municipal properties; requires certain New York power authority projects and programs pay a prevailing wage and utilize project labor agreements.
BILL NUMBER: S6453 SPONSOR: PARKER TITLE OF BILL: An act to amend the public authorities law and the public service law, in relation to implementing the "New York State Build Public Renewables Act"; and to repeal certain provisions of the general business law relating thereto PURPOSE OR GENERAL IDEA OF BILL: To enable the New York Power Authority (NYPA) to own and build new renewable generation, storage, and transmission, require NYPA to provide renewable energy to all State owned and municipal properties by 2025, ban for-profit Energy Service Companies (ESCOs), and lay the groundwork for the 100% renewable, democratically controlled, publicly owned energy system New York needs in order to meet the goals of the landmark Climate Leadership and Community Protection Act and lead the nation on climate. SUMMARY OF PROVISIONS:
Section 1 amends Section 1005 of the public authorities law by adding new subdivisions 28 through 36. Subdivision 28 gives the New York Power Authority the authority and directive to purchase, acquire, plan, design, engineer, finance, construct, operate, manage, improve and maintain any renewable energy project, and to provide energy efficiency, retrofits, high performance/sustainable building, and energy management services. Subdivision 28 also defines the terms "renewable energy" and "renewable energy project" as they are used in subdivisions 2836. Subdivision 29 gives the authority the right of first offer and first refusal to certain renewable energy projects and directs the authority to coordi- nate with the Office of Renewable Energy Siting when involved with renewable energy projects over twenty-five megawatts. It also gives a timeframe for the Authority to commit to such projects and directs the authority to participate in lease auctions in all appropriate renewable energy sites that fall into federal jurisdiction. Subdivision 30 requires that the Authority only own, build and maintain energy generation, storage and transmission that is renewable. The Authority is directed to phase out all existing non-renewable generation as soon as is feasible and establishes a time frame for when the phasing out should be completed, and when the Authority should be providing 100% of New York's energy needs with renewable energy. It also outlines how certain renewable energy sources will be prioritized. Subdivision 31 outlines how the Authority maintain transparency, which includes requiring a ten-year climate and resiliency plan to be made public within two years, a minimum of one public hearing relating to their climate and resiliency plan per year, an online suggestion board, a publicly available report evaluating the energy efficiency program and instructs the authority to conduct an energy efficiency and energy audit program. It also requires that the authority submit an annual report to the governor and legislature to be made publicly available and outlines the contents of the report. Additionally, the Authority will be required to present a public democratization plan within 2 years of the effective date. Subdivision 32 establishes that the Authority be the sole electricity and power provider to all state and municipal owned, leased, controlled or operated properties. Subdivision 33 establishes a system for the authority to sell and provide renewable energy. Subdivision 34 requires for there to be ten "New York State energy research and development authority community energy hubs," and outlines the purpose, requirements, and funding for these hubs. It also outlines the Authority's power to administer certain financial assistance to allow for the installation of energy efficient appliances. Subdivision 35 outlines the practices for employees who become unem- ployed as a result of the transition to renewable energy, as well as for hiring people for new green jobs. Subdivision 36 establishes a labor advisory board within the Authority and establishes rules for the treatment of Authority employees. Section 3 repeals Section 349-d of the general business law. Section 4 amends the public authority law and adds a new subparagraph to Paragraph (a) of subdivision 27 of section 1005. Section 5 amends the public service law. Section 6 makes clear that nothing in the previous sections is intended to limit, impair, or affect the legal authority of the power authority of New York under any other provisions of tile 1 of article 5 of the public authorities law. Section 7 states the act shall take effect immediately. JUSTIFICATION: With the passage of the landmark Climate Leadership and Community Protection Act in 2019, New York has committed to moving away from nonrenewable energy generation and relying entirely on renewable sourc- es. In order to achieve this, New York needs capable public ownership of its energy generation, transmission and distribution. Currently, NYPA is unable to own, build or maintain new renewable energy generation projects. This bill will give them the power to do so, ensuring that our transition to renewable energy is in capable hands. It will enable New York to fully power State and municipal properties and transportation with renewable energy by 2025, an important step in minimizing our carbon footprint. NYPA will be able to sell renewable energy directly to all of its customers, and low-income customers' rate will be less than the rate of their current utility. This bill will also create new green jobs, as well as helping people who previously worked in non-renewable energy to transition to new jobs in sustainable energy. All employees will be paid a prevailing wage and be subject to project labor agree- ments. New York needs to provide good jobs for people in a growing industry. NYPA is the largest publicly owned utility in the country and has proven itself by providing the most affordable energy in New York State. This bill will put the massive and important prospect of convert- ing to renewable energy in capable hands. PRIOR LEGISLATIVE HISTORY: 2019-20: S7232 - Referred to Energy and Telecommunications FISCAL IMPLICATIONS: None EFFECTIVE DATE: This act shall take effect immediately; provided that the amendments to subdivision 27 of section 1005 of the public authorities law made by section four of this act shall not affect the repeal of such subdivision and shall be deemed repealed therewith.
S T A T E O F N E W Y O R K ________________________________________________________________________ 6453 2021-2022 Regular Sessions I N S E N A T E April 29, 2021 ___________ Introduced by Sens. PARKER, SALAZAR -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Tele- communications AN ACT to amend the public authorities law and the public service law, in relation to implementing the "New York State Build Public Renewa- bles Act"; and to repeal certain provisions of the general business law relating thereto 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 "New York State Build Public Renewables Act". § 2. Section 1005 of the public authorities law is amended by adding nine new subdivisions 28, 29, 30, 31, 32, 33, 34, 35 and 36 to read as follows: 28. (A) THE AUTHORITY IS AUTHORIZED AND DIRECTED TO PURCHASE, ACQUIRE, PLAN, DESIGN, ENGINEER, FINANCE, CONSTRUCT, OPERATE, MANAGE, IMPROVE AND/OR MAINTAIN ANY RENEWABLE ENERGY PROJECT. THE AUTHORITY IS ALSO AUTHORIZED AND DIRECTED TO PROVIDE ENERGY EFFICIENCY, RETROFITS, HIGH PERFORMANCE/SUSTAINABLE BUILDING, AND ENERGY MANAGEMENT SERVICES. (B) FOR THE PURPOSES OF THIS SUBDIVISION AND SUBDIVISIONS TWENTY-NINE, THIRTY, THIRTY-ONE, THIRTY-TWO, THIRTY-THREE, THIRTY-FOUR, THIRTY-FIVE AND THIRTY-SIX OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (I) "RENEWABLE ENERGY" SHALL BE DEFINED AS RENEWABLE ELECTRICITY OR THERMAL ENERGY THAT DOES NOT EMIT GREENHOUSE GASES OR OTHER POLLUTANTS INCLUDING, BUT NOT LIMITED TO, PHOTOVOLTAICS (SOLAR), LAND-BASED AND OFFSHORE WIND, RUN-OF-THE-RIVER AND EXISTING NEW YORK STATE HYDROELEC- TRIC, GEOTHERMAL ELECTRIC, TIDAL ENERGY, WAVE ENERGY, BATTERY ENERGY STORAGE SYSTEMS, PUMPED HYDROELECTRIC ENERGY STORAGE SYSTEMS, AND RENEW- ABLE THERMAL ENERGY TECHNOLOGY SUCH AS SOLAR THERMAL, AIR-SOURCE AND GROUND-SOURCE HEAT PUMPS, RENEWABLE CO-GENERATION, DISTRICT HEATING EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
LBD05455-10-1 S. 6453 2 SYSTEMS, SYSTEMS DESIGNED TO CAPTURE WASTE HEAT, OR OTHER HEATING OR COOLING TECHNOLOGIES USING RENEWABLE SOURCES OF ENERGY THAT DO NOT EMIT GREENHOUSE GASES OR OTHER POLLUTANTS, PROVIDED, HOWEVER, THAT SUCH TERM SHALL NOT INCLUDE ANY FORM OF FOSSIL FUELS OR COMBUSTION-BASED ENERGY WHICH RELIES UPON BUILDING NEW FOSSIL FUEL INFRASTRUCTURE OR EXTENDING THE USE OF FOSSIL FUEL INFRASTRUCTURE INCLUDING, BUT NOT LIMITED TO, NATURAL GAS, GREEN HYDROGEN FUEL, BIOFUEL, BIOGAS, BIOMASS, NUCLEAR, CARBON SEQUESTRATION AND RENEWABLE NATURAL GAS. (II) "RENEWABLE ENERGY PROJECT" SHALL BE DEFINED AS ALL INFRASTRUCTURE WHICH GENERATES, STORES, DISTRIBUTES OR TRANSMITS RENEWABLE ENERGY OR THERMAL ENERGY AS DEFINED IN PARAGRAPH (I) OF THIS SUBDIVISION, AND INCLUDES THE CONSTRUCTION, INSTALLATION AND/OR OPERATION OF ANCILLARY FACILITIES OR EQUIPMENT DONE IN CONNECTION WITH ANY SUCH RENEWABLE ENER- GY GENERATING PROJECTS, INCLUDING, BUT NOT LIMITED TO, ELECTRIC VEHICLE CHARGING INFRASTRUCTURE AND RENEWABLE OFFSHORE WIND VESSELS. 29. (A) THE AUTHORITY SHALL HAVE THE RIGHT OF FIRST OFFER AND FIRST REFUSAL TO AND SHALL COORDINATE WITH THE DEPARTMENT OF STATE'S OFFICE OF RENEWABLE ENERGY SITING (ORES) TO PURCHASE, ACQUIRE, PLAN, DESIGN, ENGI- NEER, FINANCE, CONSTRUCT, OPERATE, MANAGE, IMPROVE AND/OR MAINTAIN RENEWABLE ENERGY PROJECTS OVER TWENTY-FIVE MEGAWATTS AND TO OWN AND SELL ANY POWER OR ENERGY CREATED BY SUCH RENEWABLE ENERGY PROJECT. THE AUTHORITY SHALL HAVE SIXTY DAYS TO COMMIT TO A PROJECT. THE AUTHORITY SHALL ALSO HAVE THE RIGHT OF FIRST OFFER AND FIRST REFUSAL TO PURCHASE PLANNED, FUTURE, AND EXISTING RENEWABLE ENERGY PROJECTS. (B) WHERE A RENEWABLE ENERGY SITE APPROPRIATE FOR NEW YORK STATE FALLS INTO FEDERAL JURISDICTION, THE AUTHORITY SHALL PARTICIPATE IN LEASE AUCTIONS IN AN ATTEMPT TO OBTAIN OWNERSHIP OF THAT AREA. 30. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, TO, ON OR AFTER JANU- ARY FIRST, TWO THOUSAND TWENTY-FIVE, ONLY GENERATE AND TRANSMIT RENEWA- BLE ENERGY AND THE AUTHORITY SHALL ONLY PURCHASE, ACQUIRE, PLAN, DESIGN, ENGINEER, FINANCE, CONSTRUCT, OPERATE, MANAGE, IMPROVE AND/OR MAINTAIN GENERATION AND TRANSMISSION FACILITIES FOR THE PURPOSE OF GENERATING, STORING, DISTRIBUTING AND TRANSMITTING RENEWABLE ENERGY. THE AUTHORITY SHALL PHASE OUT ITS USE OF EXISTING NON-RENEWABLE GENERATION AS QUICKLY AS POSSIBLE BUT NO LATER THAN DECEMBER THIRTIETH, TWO THOUSAND TWENTY- FIVE, AS IT SCALES UP RENEWABLE ENERGY GENERATION TO MEET ONE HUNDRED PERCENT OF ALL STATE AND MUNICIPAL ENERGY NEEDS AND THE ENERGY NEEDS OF ALL PUBLIC AND PRIVATE BUILDINGS AND PROPERTIES POWERED BY THE AUTHORITY WITH RENEWABLE ENERGY BY TWO THOUSAND TWENTY-SIX, AND IT SHALL NOT PURCHASE, PLAN, FINANCE, OR CONSTRUCT ANY NEW GENERATION PROJECT OR ENERGY INFRASTRUCTURE WHICH IS NOT A RENEWABLE ENERGY PROJECT OR PART OF A RENEWABLE ENERGY PROJECT. RENEWABLE ENERGY SOURCES WHICH PRIORITIZE PROJECTS THAT ACTIVELY BENEFIT ENVIRONMENTAL JUSTICE COMMUNITIES AND ECOSYSTEMS, AND WHICH HAVE THE LOWEST FINANCIAL COSTS, WILL BE PRIOR- ITIZED THROUGH A PROCESS TO BE DETERMINED BY LOCAL COMMUNITY GROUPS AND ENVIRONMENTAL EXPERTS. THE AUTHORITY WILL ALSO CONVERT ALL STATE AND MUNICIPAL PROPERTIES AND AUTHORITY POWERED PRIVATELY OWNED BUILDINGS TO RECEIVE HEATING AND COOLING FROM RENEWABLE ENERGY SOURCES BY TWO THOU- SAND THIRTY. 31. (A) WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SUBDIVISION, THE AUTHORITY SHALL MAKE PUBLIC A TEN-YEAR CLIMATE AND RESILIENCY PLAN. SUCH CLIMATE AND RESILIENCY PLAN SHALL BE DESIGNED TO MINIMIZE THE COSTS TO RATEPAYERS WHILE BALANCING THE INTERESTS OF EMPLOYEES, GRID RELIABIL- ITY AND RESILIENCY, ENVIRONMENTAL JUSTICE COMMUNITIES AND THE ENVIRON- MENT. SUCH PLAN SHALL BE DEVELOPED IN CONSULTATION WITH THE NEW YORK STATE INDEPENDENT SYSTEM OPERATOR, THE NEW YORK STATE ENERGY S. 6453 3 RESEARCH AND DEVELOPMENT AUTHORITY, AND EXPERTS, ENVIRONMENTAL JUSTICE COMMUNITIES, RATEPAYERS AND COMMUNITY ORGANIZATIONS VIA THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY'S COMMUNITY ENERGY HUBS. SUCH RESILIENCY PLAN SHALL OUTLINE THE RENEWABLE PROJECTS THE AUTHORITY PLANS TO BUILD, HOW THE AUTHORITY PLANS TO PHASE OUT NON-RE- NEWABLE ASSETS AND HOW THE AUTHORITY PLANS TO COMPLY WITH THE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT AND THE RENEWABLE ENERGY TARGETS OUTLINED IN THIS SUBDIVISION AND SUBDIVISIONS TWENTY-NINE, THIRTY AND THIRTY-TWO OF THIS SECTION. THE AUTHORITY SHALL ALSO OUTLINE A PLAN TO IMPROVE ENERGY RESILIENCY AND IF NECESSARY TO MEET THE AUTHORITY'S RENEWABLE ENERGY TARGETS, SHALL COORDINATE WITH THE NEW YORK STATE INDE- PENDENT SYSTEM OPERATOR TO RE-ADJUST THE LOCATIONAL CAPACITY REQUIRE- MENTS FOR EACH REGION IN THE STATE. ADDITIONALLY, WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SUBDIVISION, THE AUTHORITY SHALL MAKE PUBLIC A DEMOCRATIZATION PLAN. SUCH PLAN SHALL BE FULLY FUNDED, CREATED IN PARTNERSHIP AND CODESIGNED WITH THE NY ENERGY DEMOCRACY ALLIANCE AND SHALL ENSURE THE SCALE UP OF RENEWABLE BUILD OUT ACROSS THE STATE OCCURS IN LINE WITH THE PRINCIPLES OF ENERGY DEMOCRACY AND TRANSPARENCY. (B) (I) THE AUTHORITY SHALL HOLD AT LEAST ONE ANNUAL PUBLIC HEARING RELATED TO SUCH CLIMATE AND RESILIENCY PLAN AND MAY UPDATE SUCH PLAN ANNUALLY AS NEEDED. THE HEARING SHALL BE PUBLICIZED IN VARIOUS FORMS OF MEDIA, INCLUDING BUT NOT LIMITED TO THE AUTHORITY'S WEBSITE, LOCAL NEWS- PAPERS AND SOCIAL MEDIA PLATFORMS, AND SHALL ALSO BE ACCESSIBLE VIA LIVESTREAM. IN ADVANCE OF SUCH HEARING, THE AUTHORITY SHALL CONSPICU- OUSLY POST WRITTEN NOTICE OF SUCH HEARING IN ALL AUTHORITY FACILITIES AND NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY COMMUNITY ENERGY HUBS ON A SIGN POSTED AT EACH FACILITY ENTRANCE AND EXIT USED BY EMPLOYEES, AND SHALL PROVIDE AT LEAST TWO WEEKS ADVANCE NOTICE OF SUCH HEARING TO AUTHORITY CUSTOMERS BY DIRECTLY COMMUNICATING SUCH NOTICE TO CUSTOMER PHONE, EMAIL AND MAILING LISTS. PUBLIC INPUT SHALL BE PERMIT- TED BETWEEN THE HOURS OF 6:00 PM AND 9:00 PM. EACH SPEAKER SHALL HAVE AT LEAST THREE MINUTES TO SPEAK, AND A REMOTE OPTION SHALL BE PROVIDED FOR SUBMITTING COMMENTS VIA VIDEO CONFERENCE, PHONE, INCLUDING SHORT MESSAGE SERVICES (SMS) TEXT MESSAGES AND/OR WRITTEN COMMENT, WHICH SHALL BE READ ALOUD. PROVISIONS FOR CHILDCARE, TRANSLATION SERVICES, AMERICAN SIGN LANGUAGE INTERPRETATION, CLOSED CAPTIONING, AND ACCESS TO ACCOMMODATIONS PROVIDED BY THE AMERICANS WITH DISABILITIES ACT SHALL BE PROVIDED UPON REQUEST. (II) THE AUTHORITY SHALL MAINTAIN AN ONLINE SUGGESTION BOARD WHERE THE PUBLIC MAY SUBMIT RECOMMENDATIONS TO BE VOTED ON BY OTHER MEMBERS OF THE PUBLIC. THE TOP FIVE SUGGESTIONS SHALL BE DISCUSSED PUBLICLY AND SHALL BE VOTED ON BY THE AUTHORITY'S BOARD AT THE ANNUAL PUBLIC HEARING. OTHER SUGGESTIONS MAY BE TAKEN INTO CONSIDERATION AT THE BOARD'S DISCRETION. ALL DATA, MEETING MINUTES, RECORDINGS AND DOCUMENTS THAT DO NOT INCLUDE PERSONAL CUSTOMER INFORMATION, INCLUDING BUT NOT LIMITED TO DEPRECIATION SCHEDULES, ANNUAL FINANCIAL STATEMENTS OF ITEMIZED SPENDING, ENVIRON- MENTAL IMPACT STATEMENTS, COST-BENEFIT ANALYSES, CLIMATE AND RESILIENCY PLANS, RENEWABLE ENERGY PROJECT PLANS, AND ANNUAL REPORTS ON OPERATIONS, CUSTOMER SERVICE, RELIABILITY, RESILIENCY AND SUSTAINABILITY, SHALL BE MADE AVAILABLE ON THE AUTHORITY'S WEBSITE, OR OTHERWISE MADE ACCESSIBLE BY THE AUTHORITY UPON REQUEST. ALL SUCH RECORDS SHALL BE MAINTAINED AS BUSINESS RECORDS FOR A MINIMUM OF TEN YEARS. THE STATE COMPTROLLER SHALL AUDIT THE AUTHORITY AT LEAST ONCE EVERY TWO YEARS UNTIL TWO THOU- SAND THIRTY TO ASCERTAIN WHETHER THE AUTHORITY IS IN COMPLIANCE WITH THE RENEWABLE ENERGY TARGETS OUTLINED IN THIS SUBDIVISION AND SUBDIVISIONS TWENTY-NINE, THIRTY, THIRTY-TWO AND THIRTY-THREE OF THIS SECTION AND S. 6453 4 WHETHER THE AUTHORITY'S SPENDING AND OPERATIONS ARE EFFICIENT. THE MOST RECENT COMPTROLLER AUDITS SHALL ALSO BE MADE AVAILABLE ON THE AUTHORI- TY'S WEBSITE, OR OTHERWISE MADE ACCESSIBLE BY THE AUTHORITY UPON REQUEST. (C) (I) THE AUTHORITY SHALL CONDUCT AN ENERGY EFFICIENCY AND ENERGY AUDIT PROGRAM TO IDENTIFY PUBLIC AND PRIVATE BUILDINGS MOST IN NEED OF RETROFITS AND EFFICIENCY MEASURES. THE AUTHORITY SHALL HIRE AUTHORITY EMPLOYEES TO PERFORM ENERGY AUDITS, RETROFITS AND OTHER EFFICIENCY PROGRAMS, SUCH AS INCENTIVES FOR ENERGY EFFICIENT APPLIANCES AND INDUCTION STOVES, AS NEEDED, TO MEET THE CLIMATE GOALS OUTLINED IN THE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT, THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, ENVIRONMENTAL AND ENERGY EXPERTS, AND COMMUNITIES VIA THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY'S COMMUNITY ENERGY HUBS. THE AUTHORITY SHALL PRIORITIZE PUBLIC BUILDINGS AND LOW-INCOME CUSTOMERS AND TENANTS TO RECEIVE THE BENEFITS OF THESE EFFICIENCY PROGRAMS AND RETROFITS. (II) THE AUTHORITY OR THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP- MENT AUTHORITY SHALL ANNUALLY POST AND MAINTAIN FOR AT LEAST ONE YEAR ON THEIR WEBSITE, A REPORT EVALUATING THE ENERGY EFFICIENCY PROGRAM, INCLUDING, BUT NOT LIMITED TO, THE NUMBER OF CUSTOMERS SERVED BY THE EFFICIENCY PROGRAM, THE CUSTOMER DEMOGRAPHICS, THE NUMBER OF RETROFITS AND ENERGY AUDITS PERFORMED, THE NUMBER OF JOBS CREATED AND EMPLOYEE DEMOGRAPHICS, AND THE AMOUNT OF ENERGY AND DOLLARS SAVED AS A RESULT OF THE PROGRAM. THE AUTHORITY SHALL ALSO SUBMIT AN ANNUAL REPORT TO THE GOVERNOR AND TO THE LEGISLATURE WHICH SHALL BE MADE AVAILABLE TO THE PUBLIC AND SHALL BE SUBJECT TO OPEN HEARINGS IN THE LEGISLATURE. SUCH REPORT SHALL INCLUDE THE: (A) TEN YEAR CLIMATE AND RESILIENCY PLAN DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION; (B) AMOUNT OF ENERGY PRODUCED BY EACH FACILITY; (C) ENERGY TRANSFERRED BETWEEN FACILITIES WITHIN THE AUTHORITY; (D) ENERGY TRANSFERRED OUTSIDE OF THE AUTHORITY FOR SALE; (E) KILOWATT-HOUR SALES BY PROJECT AND BY CUSTOMER; (F) REVENUES AND COSTS FOR EACH PROJECT FACILITY; (G) ACCUMULATED PROVISION FOR DEPRECIATION OF EACH PROJECT FACILITY; (H) FINANCIAL AND OPERATING INFORMATION OF THE ENERGY EFFICIENCY PROGRAM; AND (I) ENROLLMENT IN AND EFFECTIVENESS OF RENEWABLE ENERGY AUTO-ENROLL- MENT, RETROFIT, AND ENERGY EFFICIENT APPLIANCE PROGRAMS. 32. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, TO BE THE SOLE PROVID- ER OF ELECTRICITY AND POWER TO ALL STATE AND MUNICIPAL OWNED, LEASED, CONTROLLED, OR OPERATED PROPERTIES THAT USE ELECTRICITY, INCLUDING BUT NOT LIMITED TO ALL BUILDINGS AND TRANSPORTATION-RELATED PROPERTIES SUCH AS TRAINS, SUBWAYS AND SUBWAY STATIONS, VESSELS, ELECTRIFIED BUSES AND VEHICLES, AND PUBLIC OR PRIVATE ELECTRIC VEHICLE CHARGING STATIONS. 33. (A) TO SELL OR PROVIDE RENEWABLE ENERGY TO END-USE CUSTOMERS AND CCA COMMUNITIES USING THE TRANSMISSION OR DISTRIBUTION SYSTEM OF ANY UTILITY WITH CONSOLIDATED BILLING. (B) ANY EXCESS RENEWABLE ENERGY PRODUCED BY THE AUTHORITY AND NOT USED OR STORED BY STATE OR MUNICIPAL OWNED OR LEASED PROPERTIES SHALL BE SOLD DIRECTLY TO END-USE CUSTOMERS OR CCA'S, WHOLESALE, USING THE TRANS- MISSION OR DISTRIBUTION SYSTEM OF UTILITIES. THIS EXCESS ENERGY SHALL BE SOLD ON AN OPT-OUT BASIS, WITH AUTOMATIC ENROLLMENT PRIORITIZING LOW-IN- COME CUSTOMERS AND ENVIRONMENTAL JUSTICE COMMUNITIES. S. 6453 5 (I) THERE SHALL BE NO ELECTRICITY RATE INCREASE FOR THE FIRST THREE YEARS FOLLOWING THE EFFECTIVE DATE OF THIS SUBDIVISION. AFTER THE FIRST THREE YEARS FOLLOWING THE EFFECTIVE DATE OF THIS SUBDIVISION, A PROGRES- SIVE RATE STRUCTURE BASED ON INCOME AND LEVEL OF ENERGY SHALL BE DEVEL- OPED IN CONSULTATION WITH THE AUTHORITY AND COMMUNITIES VIA THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY'S COMMUNITY ENERGY HUBS. (II) THE AUTHORITY SHALL DISCOURAGE THE SHUT OFF OF ANY RESIDENTIAL CUSTOMER'S ENERGY FOR NON-PAYMENT AND SHALL DISCOURAGE THE CHARGE OF PUNITIVE LATE FEES BY COLLABORATING WITH DISTRIBUTION COMPANIES. THE AUTHORITY SHALL WORK WITH THE LOW INCOME HOME ENERGY ASSISTANCE PROGRAM TO ASSIST LOW-INCOME CUSTOMERS WITH PAYMENT PLANS AND TO DEVELOP AN EMERGENCY FUND TO COVER INSTANCES OF NON-PAYMENT. NOTWITHSTANDING ANY OTHER PROVISION TO THE CONTRARY, THE AUTHORITY MAY IMPOSE PENALTIES FOR LARGE ENERGY USERS AND MAY INCENTIVIZE ENERGY CONSERVATION WITH REBATES AND DISCOUNTS ON ENERGY EFFICIENT PRODUCTS, TO BE DETERMINED BY THE AUTHORITY'S BOARD IN CONSULTATION WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY. 34. (A) THERE SHALL BE TEN "NEW YORK STATE ENERGY RESEARCH AND DEVEL- OPMENT AUTHORITY COMMUNITY ENERGY HUBS", HEREINAFTER COMMUNITY ENERGY HUBS, DEVELOPED AND DISTRIBUTED EVENLY THROUGHOUT THE STATE. THE LOCATION AND STAFFING LEVEL OF THE COMMUNITY ENERGY HUBS SHALL BE DETER- MINED BY THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY IN CONSULTATION WITH LOCAL COMMUNITIES AND ENVIRONMENTAL AND ENERGY EXPERTS. THE EFFORTS OF SUCH COMMUNITY ENERGY HUBS SHALL BE CENTRALLY COORDINATED BY THE AUTHORITY AND THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY. (B) THE PURPOSE OF THE COMMUNITY ENERGY HUBS SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING: (I) ASSISTING RESIDENTS AND BUSINESSES TO ADOPT RENEWABLE ENERGY AND ENERGY EFFICIENCY MEASURES THROUGH OUTREACH, EDUCATION, ENROLLMENT, INTAKE, REFERRAL AND PROJECT MANAGEMENT. ADMINISTERING AND ENROLLING CUSTOMERS INTO FINANCIAL ASSISTANCE, ENERGY EFFICIENCY, AND RENEWABLE ENERGY PROGRAMS OF THE AUTHORITY AND THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY. (II) PLANNING AND USING MICROGRIDS, BATTERY STORAGE, AND DECARBONIZA- TION PROJECTS AT THE LEVEL OF AN INDIVIDUAL CUSTOMER METER OR GROUP OF METERS, WHERE DISTRIBUTED ENERGY RESOURCES MIGHT BE SHARED LOCALLY ACROSS MULTIPLE CUSTOMER METERS IN THE SAME COMMUNITY. THE COMMUNITY ENERGY HUBS SHALL ALSO ENABLE THE AUTHORITY TO DESIGN, FINANCE, PROCURE, INSTALL, AND OWN DEMAND-SIDE, BEHIND THE METER ASSETS, SITED AT THE CUSTOMERS' PROPERTY OR IN THE PUBLIC RIGHT OF WAY. (III) COORDINATING THE RESEARCH NEEDS OF THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY AND THE AUTHORITY IN PARTNERSHIP WITH ADVOCACY ORGANIZATIONS, ENVIRONMENTAL JUSTICE ORGANIZATIONS AND UNIVER- SITIES TO ASSIST WITH SCALING UP RENEWABLE ENERGY AND EFFICIENCY TECH- NOLOGIES. (IV) ENSURING THAT ADVOCACY ORGANIZATIONS AND ENVIRONMENTAL JUSTICE ORGANIZATIONS CO-DESIGN ENERGY PROGRAMS, PROVIDING THEIR KNOWLEDGE OF LOCAL COMMUNITIES AND THEIR INSIGHT INTO HOW ENERGY PROGRAMS HAVE PERFORMED IN THEIR COMMUNITY, AND RECEIVE THE NECESSARY FINANCIAL AND TECHNICAL ASSISTANCE TO MEANINGFULLY PARTICIPATE IN THE CO-DESIGN PROC- ESS. (V) IDENTIFYING, SOLICITING, RECEIVING FEEDBACK ON AND ADDRESSING CONCERNS ABOUT PROPOSALS FOR LOCATIONS FOR RENEWABLE ENERGY PROJECTS IN COORDINATION WITH THE DEPARTMENT OF STATE'S OFFICE OF RENEWABLE ENERGY SITING AND LOCAL ORGANIZATIONS THAT ARE ACCOUNTABLE TO THE COMMUNITY, S. 6453 6 UTILIZING THE SAME CO-DESIGN PROCESS OUTLINED IN SUBPARAGRAPH (IV) OF THIS PARAGRAPH TO ASSESS THE ENERGY NEEDS OF EACH COMMUNITY AND HOW SUCH NEEDS INTERACT WITH THE ENERGY NEEDS OF THE STATE AS A WHOLE. (VI) PERFORMING COMMUNITY OUTREACH AND EDUCATION ON ENERGY AND CLIMATE-RELATED INITIATIVES, AND/OR SUPPORTING LOCAL COMMUNITY ORGANIZA- TIONS TO PERFORM THIS OUTREACH AND EDUCATION, INCLUDING UTILITY PROCEEDINGS AND THE POWER AUTHORITY OF THE STATE OF NEW YORK'S RENEWABLE ENERGY ENROLLMENT PROGRAM. (VII) ADDRESSING CUSTOMER SERVICE ISSUES AND BILLING ISSUES FOR SERVICES PROVIDED BY THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY AND THE AUTHORITY, INCLUDING CONNECTING LOW-INCOME CUSTOMERS WITH ASSISTANCE PROGRAMS SUCH AS THE LOW INCOME HOME ENERGY ASSISTANCE PROGRAM, AND PROVIDING ACCESS TO LANGUAGE TRANSLATION SERVICES. (C)(I) ALL COMMUNITY ENERGY HUBS SHALL HOLD AT LEAST ONE PUBLIC MEET- ING ON THE NEW RATE DESIGN BEFORE THE NEW RATE DESIGN IS IMPLEMENTED. SUCH HUBS SHALL ALSO HOLD QUARTERLY PUBLIC MEETINGS WHERE ALL STAKEHOLD- ERS, INCLUDING EMPLOYEES AND RATEPAYERS, MAY PROVIDE SUGGESTIONS FOR IMPROVEMENTS TO THE PROGRAMS, INVESTMENTS, TECHNOLOGIES, AND RENEWABLE ENERGY PROJECTS OF THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY AND THE AUTHORITY. NEW YORK STATE ENERGY RESEARCH AND DEVELOP- MENT STAFF AND AT LEAST ONE REPRESENTATIVE OF THE AUTHORITY SHALL ATTEND SUCH MEETINGS AND SHALL REPORT KEY FINDINGS AND RECOMMENDATIONS TO THE AUTHORITY'S BOARD FOR CONSIDERATION. ALL RECORDS OF PUBLIC MEETINGS SHALL BE MAINTAINED AS BUSINESS RECORDS FOR A MINIMUM OF TEN YEARS. (II) ADDITIONAL ISSUE-BASED HEARINGS MAY ALSO BE HELD AT THE REQUEST OF ANY STAKEHOLDER, WHEN SUCH STAKEHOLDER SUBMITS A REQUEST WITH AT LEAST ONE HUNDRED PETITION SIGNATURES. EVERY PUBLIC MEETING SHALL BE ACCESSIBLE VIA LIVESTREAM AND SHALL BE HELD BETWEEN THE HOURS OF 6:00 PM AND 9:00 PM. EACH SPEAKER SHALL HAVE AT LEAST THREE MINUTES TO SPEAK, AND A REMOTE OPTION SHALL BE PROVIDED FOR SUBMITTING COMMENTS VIA VIDEO CONFERENCE, PHONE, AND/OR WRITTEN COMMENT, WHICH SHALL BE READ ALOUD. PROVISIONS FOR CHILDCARE, TRANSLATION SERVICES, AMERICAN SIGN LANGUAGE INTERPRETATION, CLOSED CAPTIONING, AND ACCESS TO ACCOMMODATIONS PROVIDED BY THE AMERICANS WITH DISABILITIES ACT SHALL BE PROVIDED UPON REQUEST. ALL RECORDS OF ISSUE-BASED HEARINGS SHALL BE MAINTAINED AS BUSINESS RECORDS FOR A MINIMUM OF TEN YEARS. (D) THE COMMUNITY ENERGY HUBS SHALL BE FUNDED THROUGH A COMBINATION OF BONDS AND REVENUE FROM THE AUTHORITY, A PORTION OF RATES FROM THE TOP FIVE-PERCENT EARNING COMMERCIAL AND INDUSTRIAL CUSTOMERS OR ANY OTHER SOURCE OF STATE REVENUE THAT IS DEMONSTRATED TO HAVE NO IMPACT ON LOW- TO-MODERATE-INCOME NEW YORKERS. ALL NEW RENEWABLE PROJECTS SHALL BE FINANCED VIA THE FOLLOWING METHODS: STATE AND MUNICIPAL BOND ISSUANCES, AVAILABLE FUNDS FROM THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY AND THE AUTHORITY, PUBLIC BANKS AND PARTICIPATORY BUDGETING EFFORTS, AND/OR PROGRESSIVE ELECTRIC RATES. (E) THE AUTHORITY AND THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP- MENT AUTHORITY SHALL HAVE THE POWER TO ADMINISTER AND FINANCE PROGRAMS FOR THE DEVELOPMENT, DESIGN, INSTALLATION AND PROVISION OF FINANCIAL ASSISTANCE, WITH RESPECT TO THE REPLACEMENT OF REFRIGERATORS, DISHWASH- ERS AND OTHER APPLIANCES WITH MORE ENERGY EFFICIENT APPLIANCES, OR THE REPLACEMENT OF GAS STOVES AND WATER HEATERS WITH ELECTRIC OR INDUCTION APPLIANCES, PROVIDED THAT NO COSTS ASSOCIATED WITH SUCH FINANCIAL ASSISTANCE SHALL BE CHARGED TO THE AUTHORITY'S CUSTOMERS. FINANCIAL ASSISTANCE SHALL BE REPAID TO THE AUTHORITY, OVER A PERIOD NOT TO EXCEED TEN YEARS, BASED ON PROJECTED SAVINGS IN ENERGY COSTS AND RELATED COSTS WHICH ACCRUE TO THE OWNER AS A RESULT OF INSTALLING SUCH MEASURES. S. 6453 7 35. (A) ALL EMPLOYEES WHO BECOME UNEMPLOYED AS A RESULT OF THIS SUBDI- VISION, SUBDIVISIONS TWENTY-EIGHT, TWENTY-NINE, THIRTY, THIRTY-ONE, THIRTY-TWO, THIRTY-THREE, OR THIRTY-FOUR OF THIS SECTION, OR AS A RESULT OF THE TRANSITION TO RENEWABLES AND IMPLEMENTATION OF THE CLIMATE LEAD- ERSHIP AND COMMUNITY PROTECTION ACT, INCLUDING BUT NOT LIMITED TO NUCLE- AR, FOSSIL FUEL, AND ESCO EMPLOYEES, SHALL BE PROVIDED WITH FREE RETRAINING OPTIONS TO TRANSITION TO ANOTHER ROLE, THE OPPORTUNITY TO RETIRE EARLY WHERE DEEMED APPROPRIATE BY THE COMMUNITY ENERGY HUBS IN CONSULTATION WITH LABOR UNIONS AND EMPLOYEES, OR THE OPTION FOR DISAD- VANTAGED EMPLOYEES TO PARTICIPATE IN A PAID DIRECT ACCESS AND TRAINING PROGRAM. (B) THERE SHALL BE A HIRING HALL DEVELOPED WITHIN THE COMMUNITY ENERGY HUBS FOR THE EXPRESS PURPOSE OF HIRING AND RETRAINING EMPLOYEES FOR GREEN JOBS. RETRAINING PROGRAMS MAY PREPARE EMPLOYEES TO TRANSITION TO FIELDS INCLUDING, BUT NOT LIMITED TO, JOBS INSTALLING AND/OR MAINTAINING RENEWABLE ENERGY INFRASTRUCTURE, GREEN ROOFS AND GREEN WALLS, RENEWABLE HEAT PUMPS, BIOSWALES, RESTORING WETLANDS, REGENERATIVE AGRICULTURE, REMEDIATING LEAD AND MOLD, PERFORMING RETROFITS, PROVIDING CUSTOMER SERVICE FOR THE COMMUNITY ENERGY HUBS AND THE AUTHORITY, AND OTHER GREEN JOBS WHICH WOULD ALLOW NEW YORK TO COMPLY WITH CLIMATE LAWS INCLUDING THE CLIMATE MOBILIZATION ACT AND THE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT. (C) SUCH HIRING HALLS SHALL ALSO CREATE A COMMUNITY JOBS PIPELINE STRATEGY OF ENGAGING LOW-INCOME COMMUNITIES OF COLOR AND DISCONNECTED EMPLOYEES IN THE STRUGGLE TO CREATE AN EQUITABLE COMMUNITY-CONTROLLED GREEN ECONOMY. SUCH HIRING HALLS SHALL: (I) ACT AS EMPLOYER OF RECORD AND RECRUIT, SCREEN AND HIRE EMPLOYEES; (II) MEDIATE DISPUTES BETWEEN EMPLOYEES AND EMPLOYERS AS NEEDED; (III) ADMINISTER TIMESHEETS, PAYROLL, GENERAL LIABILITY AND WORKER'S COMPENSATION INSURANCE AS NEEDED; (IV) COORDINATE FREE TRAINING IN BOTH GENERAL AND SPECIALIZED CREDENTIALS; AND (V) PROVIDE WRAPAROUND SUPPORT FOR EMPLOYEES, INCLUDING TRANSPORTA- TION COSTS AND FINANCIAL LITERACY. (D) ALL NEW RENEWABLE PROJECTS OWNED AND OPERATED BY THE AUTHORITY AND ENERGY EFFICIENCY PROGRAMS OWNED AND OPERATED BY THE AUTHORITY SHALL PAY A PREVAILING WAGE AND SHALL BE SUBJECT TO PROJECT LABOR AGREEMENTS. THERE SHALL BE NO EMERGENCY STRIKE FUNDS, NOR SHALL THERE BE RATEPAYER FUNDED MANAGEMENT CONTRACT NEGOTIATION FUNDS; THE AUTHORITY SHALL AT A MINIMUM REMAIN NEUTRAL TO UNIONIZATION EFFORTS. 36. (A) A LABOR ADVISORY BOARD SHALL BE ESTABLISHED TO DETERMINE SAFE- TY AND TRAINING STANDARDS, DISASTER RESPONSE MEASURES, GUARANTEED HOURS, STAFFING LEVELS, RETRAINING PROGRAMS AND OTHER LABOR ISSUES IN CONSULTA- TION WITH THE AUTHORITY'S BOARD. (B) THE ADVISORY BOARD SHALL CONSIST OF SEVEN MEMBERS TO BE ELECTED BY ALL CURRENT RANK-AND-FILE AUTHORITY EMPLOYEES AND RANK-AND-FILE EMPLOY- EES OF COMMUNITY ENERGY HUBS AND RESULTING GREEN JOB PROGRAMS, NOT INCLUDING ANY OUTSIDE PRIVATE CONTRACTORS. MEMBERS SHALL SERVE FOR A TERM OF TWO YEARS AND MAY SERVE UNTIL THEIR SUCCESSORS ARE ELECTED. THE MEMBERS OF THE BOARD SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES AS BOARD MEMBERS. (C) ANY LABOR REQUIRED TO BUILD, DESIGN, OPERATE AND MAINTAIN THE AUTHORITY'S RENEWABLE ENERGY PROJECTS WILL BE PERFORMED BY AUTHORITY EMPLOYEES. ALL EMPLOYEES, REGARDLESS OF THEIR UNION, WILL BE CROSS- TRAINED AND PERFORM BOTH NEW CONSTRUCTION AND MAINTENANCE WORK. § 3. Section 349-d of the general business law is REPEALED. S. 6453 8 § 4. Paragraph (a) of subdivision 27 of section 1005 of the public authorities law, as added by section 2 of part LL of chapter 58 of the laws of 2019, is amended to read as follows: (a) Notwithstanding any other provision of this title, as deemed feasible and advisable by the trustees, the authority is authorized to undertake the following actions when it deems it necessary or desirable to address the energy-related needs of any (i) authority customer, (ii) public entity, or (iii) CCA community: (1) (A) supply power and energy procured from competitive market sources to any (i) authority customer, (ii) public entity, or (iii) CCA community through the supply of such products through an [energy services company or other] entity that is authorized by the public service commission to procure and sell energy products to participants of a CCA program[, provided, however, that the authority shall not supply at any point more than a total of four hundred megawatts of power and energy to authority customers and public entities pursuant to the authority of this clause]; (B) supply renewable power[,] OR energy[, or related credits or attri- butes procured through a competitive process, from competitive market sources, or through negotiation when a competitive procurement is not reasonably feasible and such products can be procured on reasonably competitive terms] to (i) any authority customer, (ii) any public enti- ty, or (iii) any CCA community [through the supply of such products through an energy services company or other entity that is authorized by the public service commission to procure and sell energy products to participants of a CCA program; and]; (2) (A) alone or jointly with one or more other entities, finance the development of renewable energy generating projects that are located in the state, including its territorial waters, and/or on property or in waters under the jurisdiction or regulatory authority of the United States, (B) purchase power, energy or related credits or attributes produced from such renewable energy generating projects, and (C) allo- cate and sell any such products to (i) any authority customer, (ii) any public entity, and (iii) any CCA community through [an] A NOT-FOR-PROFIT energy services company or other entity that is authorized by the public service commission to procure and sell energy products to participants of a CCA program[, provided that the authority shall not, pursuant to the authority in this subparagraph, finance more than six renewable energy generation projects and have a per-project electric generating capacity in excess of twenty-five megawatts.]; AND (3) (A) PROVIDE PROOF THAT THE APPLICANT IS A TAX EXEMPT NON-PROFIT ORGANIZATION DESCRIBED IN SECTION 501(C) OF THE INTERNAL REVENUE CODE, (B) A CORPORATION ESTABLISHED BY THE STATE OF NEW YORK THAT IS WHOLLY OWNED BY A STATE, COUNTY OR MUNICIPAL ENTITY WITHIN THE STATE OF NEW YORK, (C) A PUBLIC AUTHORITY ESTABLISHED BY THE STATE OF NEW YORK, OR (D) AN ESCO REGISTERED AS A TAX EXEMPT NON-PROFIT ORGANIZATION DESCRIBED IN SECTION 501(C) OF THE INTERNAL REVENUE CODE, A CORPORATION WHOLLY OWNED BY A FEDERAL, STATE OR MUNICIPAL GOVERNMENT, OR A PUBLIC AUTHORITY ESTABLISHED AND CONTROLLED BY A FEDERAL, STATE OR MUNICIPAL GOVERNMENT. § 5. Subdivision 5 of section 44 of the public service law, as added by chapter 359 of the laws of 2009, is amended to read as follows: 5. At least once a year, every utility corporation, NOT-FOR-PROFIT energy services company or municipality shall provide its customers with a notice that billing statements are available in large print format. Upon written request by a customer, a utility corporation, NOT-FOR-PRO- FIT energy services company or municipality shall provide the customer's S. 6453 9 billing statements in the large print format commencing no later than sixty days after the date upon which the request is received by the utility corporation, NOT-FOR-PROFIT energy services company or munici- pality. The provisions of this subdivision shall apply only to printed statements. For the purposes of this section, "large print" shall mean a printed font size of sixteen or greater to illuminate billing informa- tion. For the purposes of this section, "NOT-FOR-PROFIT energy services company" or "NON-FOR-PROFIT ESCO" shall mean [an] A NOT-FOR-PROFIT enti- ty eligible to sell energy services to end-use customers using the tran- smission or distribution system of a utility corporation. § 6. Nothing in this act is intended to limit, impair, or affect the legal authority of the power authority of the state of New York under any other provision of title 1 of article 5 of the public authorities law. § 7. This act shall take effect immediately; provided that the amend- ments to subdivision 27 of section 1005 of the public authorities law made by section four of this act shall not affect the repeal of such subdivision and shall be deemed repealed therewith.
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See Assembly Version of this Bill: A1466 Current Committee: Assembly Ways And Means Law Section: Public Authorities Law Laws Affected: Amd §§1005 & 1003, Pub Auth L Versions Introduced in Other Legislative Sessions: 2019-2020: S7232, A8938
2023-2024: S4134, A279
Implements the "New York State Build Public Renewables Act"; requires the New York power authority to provide only renewable energy and power to customers; requires such authority to be the sole provider of energy to all state owned and municipal properties; requires certain New York power authority projects and programs pay a prevailing wage and utilize project labor agreements.
BILL NUMBER: S6453A SPONSOR: PARKER TITLE OF BILL: An act to amend the public authorities law, in relation to implementing the "New York State Build Public Renewables Act" PURPOSE OR GENERAL IDEA OF BILL: To enable the New York Power Authority (NYPA) to own and build new renewable generation, storage, and transmission, require NYPA to provide renewable energy to all State owned and municipal properties by 2025, ban for-profit Energy Service Companies (ESCOs), and lay the groundwork for the 100% renewable, democratically controlled, publicly owned energy system New York needs in order to meet the goals of the landmark Climate Leadership and Community Protection Act and lead the nation on climate. SUMMARY OF PROVISIONS: Section 1 amends Section 1005 of the public authorities law by adding new subdivisions 28 through 36.
Subdivision 28 gives the New York Power Authority the authority and directive to purchase, acquire, plan, design, engineer, finance, construct, operate, manage, improve and maintain any renewable energy project, and to provide energy efficiency, retrofits, high performance/sustainable building, and energy management services. Subdivision 28 also defines the terms "renewable energy" and "renewable energy project" as they are used in subdivisions 2836. Subdivision 29 gives the authority the right of first offer and first refusal to certain renewable energy projects and directs the authority to coordi- nate with the Office of Renewable Energy Siting when involved with renewable energy projects over twenty-five megawatts. It also gives a timeframe for the Authority to commit to such projects and directs the authority to participate in lease auctions in all appropriate renewable energy sites that fall into federal jurisdiction. Subdivision 30 requires that the Authority only own, build and maintain energy generation, storage and transmission that is renewable. The Authority is directed to phase out all existing non-renewable generation as soon as is feasible and establishes a time frame for when the phasing out should be completed, and when the Authority should be providing 100% of New York's energy needs with renewable energy. It also outlines how certain renewable energy sources will be prioritized. Subdivision 31 outlines how the Authority maintain transparency, which includes requiring a ten-year climate and resiliency plan to be made public within two years, a minimum of one public hearing relating to their climate and resiliency plan per year, an online suggestion board, a publicly available report evaluating the energy efficiency program and instructs the authority to conduct an energy efficiency and energy audit program. It also requires that the authority submit an annual report to the governor and legislature to be made publicly available and outlines the contents of the report. Additionally, the Authority will be required to present a public democratization plan within 2 years of the effective date. Subdivision 32 establishes that the Authority be the sole electricity and power provider to all state and municipal owned, leased, controlled or operated properties. Subdivision 33 establishes a system for the authority to sell and provide renewable energy. Subdivision 34 requires for there to be ten "New York State energy research and development authority community energy hubs," and outlines the purpose, requirements, and funding for these hubs. It also outlines the Authority's power to administer certain financial assistance to allow for the installation of energy efficient appliances. Subdivision 35 outlines the practices for employees who become unem- ployed as a result of the transition to renewable energy, as well as for hiring people for new green jobs. Subdivision 36 establishes a labor advisory board within the Authority and establishes rules for the treatment of Authority employees. Section 3 repeals Section 349-d of the general business law. Section 4 amends the public authority law and adds a new subparagraph to Paragraph (a) of subdivision 27 of section 1005. Section 5 amends the public service law. Section 6 makes clear that nothing in the previous sections is intended to limit, impair, or affect the legal authority of the power authority of New York under any other provisions of tile 1 of article 5 of the public authorities law. Section 7 states the act shall take effect immediately. JUSTIFICATION: With the passage of the landmark Climate Leadership and Community Protection Act in 2019, New York has committed to moving away from nonrenewable energy generation and relying entirely on renewable sourc- es. In order to achieve this, New York needs capable public ownership of its energy generation, transmission and distribution. Currently, NYPA is unable to own, build or maintain new renewable energy generation projects. This bill will give them the power to do so, ensuring that our transition to renewable energy is in capable hands. It will enable New York to fully power State and municipal properties and transportation with renewable energy by 2025, an important step in minimizing our carbon footprint. NYPA will be able to sell renewable energy directly to all of its customers, and low-income customers' rate will be less than the rate of their current utility. This bill will also create new green jobs, as well as helping people who previously worked in non-renewable energy to transition to new jobs in sustainable energy. All employees will be paid a prevailing wage and be subject to project labor agree- ments. New York needs to provide good jobs for people in a growing industry. NYPA is the largest publicly owned utility in the cou ntry and has proven itself by providing the most affordable energy in New York State. This bill will put the massive and important prospect of converting to renewable energy in capable hands. PRIOR LEGISLATIVE HISTORY: 2019-20: S7232 - Referred to Energy and Telecommunications FISCAL IMPLICATIONS: None EFFECTIVE DATE: This act shall take effect immediately; provided that the amendments to subdivision 27 of section 1005 of the public authorities law made by section four of this act shall not affect the repeal of such subdivision and shall be deemed repealed therewith.
S T A T E O F N E W Y O R K ________________________________________________________________________ 6453--A 2021-2022 Regular Sessions I N S E N A T E April 29, 2021 ___________ Introduced by Sens. PARKER, SALAZAR, ADDABBO, BAILEY, BIAGGI, BRESLIN, BRISPORT, CLEARE, GIANARIS, HOYLMAN, JACKSON, KAVANAGH, MAY, MYRIE, RAMOS, RIVERA, SANDERS, SEPULVEDA, SERRANO, SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommunications -- recommitted to the Committee on Ener- gy and Telecommunications in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public authorities law, in relation to implementing the "New York State Build Public Renewables Act" 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 "New York State Build Public Renewables Act". § 2. Section 1005 of the public authorities law is amended by adding twelve new subdivisions 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, and 39 to read as follows: 28. (A) THE AUTHORITY IS AUTHORIZED AND DIRECTED TO PURCHASE, ACQUIRE, PLAN, DESIGN, ENGINEER, FINANCE, CONSTRUCT, OPERATE, MANAGE, IMPROVE AND/OR MAINTAIN ANY RENEWABLE ENERGY PROJECT. (B) FOR THE PURPOSES OF THIS SUBDIVISION AND SUBDIVISIONS TWENTY-NINE, THIRTY, THIRTY-ONE, THIRTY-TWO, THIRTY-THREE, THIRTY-FOUR, THIRTY-FIVE, THIRTY-SIX, THIRTY-SEVEN, THIRTY-EIGHT, AND THIRTY-NINE OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (I) "RENEWABLE ENERGY" SHALL BE DEFINED AS RENEWABLE ELECTRICITY OR THERMAL ENERGY THAT DOES NOT EMIT GREENHOUSE GASES OR OTHER POLLUTANTS INCLUDING, BUT NOT LIMITED TO, PHOTOVOLTAICS (SOLAR), LAND-BASED AND OFFSHORE WIND, RUN-OF-THE-RIVER AND EXISTING NEW YORK STATE HYDROELEC- TRIC, GEOTHERMAL ELECTRIC, TIDAL ENERGY, WAVE ENERGY, BATTERY ENERGY STORAGE SYSTEMS, PUMPED HYDROELECTRIC ENERGY STORAGE SYSTEMS, AND RENEW- ABLE THERMAL ENERGY TECHNOLOGY SUCH AS SOLAR THERMAL, AIR-SOURCE AND EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05455-18-2
S. 6453--A 2 GROUND-SOURCE HEAT PUMPS, RENEWABLE CO-GENERATION, DISTRICT HEATING SYSTEMS, SYSTEMS DESIGNED TO CAPTURE WASTE HEAT, OR OTHER HEATING OR COOLING TECHNOLOGIES USING RENEWABLE SOURCES OF ENERGY THAT DO NOT EMIT GREENHOUSE GASES OR OTHER POLLUTANTS; PROVIDED, HOWEVER, THAT SUCH TERM SHALL NOT INCLUDE NUCLEAR ENERGY, CARBON CAPTURE AND STORAGE TECHNOLOGY, OR ANY FORM OF FOSSIL FUELS OR COMBUSTION-BASED ENERGY WHICH RELIES UPON BUILDING NEW FOSSIL FUEL INFRASTRUCTURE OR EXTENDING THE USE OF FOSSIL FUEL INFRASTRUCTURE INCLUDING, BUT NOT LIMITED TO, GAS, PROPANE, AND OIL, OR ANY FORM OF COMBUSTION-BASED ENERGY INCLUDING, BUT NOT LIMITED TO ANY TYPE OF HYDROGEN FUEL, INCLUDING BROWN, GREY, BLUE, OR PINK HYDROGEN, BIOFUEL, BIOGAS, BIOMASS, OR RENEWABLE NATURAL GAS. HOWEVER, THE AUTHORITY SHALL BE ENABLED TO PRODUCE, USE, AND SELL GREEN HYDROGEN, DEFINED AS HYDROGEN PRODUCED THROUGH EVEN ELECTROLYSIS USING ONLY ONE HUNDRED PERCENT RENEWABLE ENERGY, FOR ENERGY STORAGE IN A FUEL CELL AS WELL AS HARD-TO-ELECTRIFY INDUSTRIAL PROCESSES AND HEAVY-DUTY TRANSPORT, SUCH AS SHIPPING, AVIATION, AND LONG-DISTANCE TRUCKING. HOWEVER, THIS GREEN HYDROGEN SHALL NOT BE USED OR SOLD FOR THE PURPOSE OF BEING COMBUSTED, WHETHER IN A FOSSIL FUEL PLANT OR ANY OTHER POWER PLANT TO GENERATE ELECTRICITY, NOR SHALL IT BE SOLD OR USED FOR THE PURPOSE OF HEATING BUILDINGS, COOKING, OR HOT WATER, AS BUILDING ELECTRIFICATION IS A SAFER, MORE FEASIBLE, AND MORE COST-EFFECTIVE APPROACH TO BUILDING DECARBONIZATION. (II) "RENEWABLE ENERGY PROJECT" SHALL BE DEFINED AS ALL INFRASTRUCTURE WHICH GENERATES, STORES, DISTRIBUTES OR TRANSMITS RENEWABLE ENERGY OR THERMAL ENERGY AS DEFINED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH, AND INCLUDES THE CONSTRUCTION, INSTALLATION AND/OR OPERATION OF ANCILLARY FACILITIES OR EQUIPMENT DONE IN CONNECTION WITH ANY SUCH RENEWABLE ENER- GY GENERATING PROJECTS, INCLUDING, BUT NOT LIMITED TO, ELECTRIC VEHICLE CHARGING INFRASTRUCTURE AND RENEWABLE OFFSHORE WIND VESSELS. 29. (A) THE AUTHORITY SHALL HAVE THE RIGHT OF FIRST OFFER AND FIRST REFUSAL TO AND SHALL COORDINATE WITH THE DEPARTMENT OF STATE'S OFFICE OF RENEWABLE ENERGY SITING (ORES) TO PURCHASE, ACQUIRE, PLAN, DESIGN, ENGI- NEER, FINANCE, CONSTRUCT, OPERATE, MANAGE, IMPROVE AND/OR MAINTAIN RENEWABLE ENERGY PROJECTS OVER TWENTY-FIVE MEGAWATTS AND TO OWN AND SELL ANY POWER OR ENERGY CREATED BY SUCH RENEWABLE ENERGY PROJECT. THE AUTHORITY SHALL HAVE SIXTY DAYS TO COMMIT TO A PROJECT. THE AUTHORITY SHALL ALSO HAVE THE RIGHT OF FIRST OFFER AND FIRST REFUSAL TO PURCHASE PLANNED, FUTURE, AND EXISTING RENEWABLE ENERGY PROJECTS. (B) WHERE A RENEWABLE ENERGY SITE APPROPRIATE FOR NEW YORK STATE FALLS INTO FEDERAL JURISDICTION, THE AUTHORITY SHALL PARTICIPATE IN LEASE AUCTIONS IN AN ATTEMPT TO OBTAIN OWNERSHIP OF THAT AREA. 30. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, TO, ON OR AFTER JANU- ARY FIRST, TWO THOUSAND TWENTY-FIVE, ONLY GENERATE AND TRANSMIT RENEWA- BLE ENERGY AND THE AUTHORITY SHALL ONLY PURCHASE, ACQUIRE, PLAN, DESIGN, ENGINEER, FINANCE, CONSTRUCT, OPERATE, MANAGE, IMPROVE AND/OR MAINTAIN GENERATION AND TRANSMISSION FACILITIES FOR THE PURPOSE OF GENERATING, STORING, DISTRIBUTING AND TRANSMITTING RENEWABLE ENERGY. THE AUTHORITY SHALL PHASE OUT ITS USE OF EXISTING NON-RENEWABLE GENERATION AS QUICKLY AS POSSIBLE BUT NO LATER THAN DECEMBER THIRTIETH, TWO THOUSAND TWENTY- FIVE, AS IT SCALES UP RENEWABLE ENERGY GENERATION TO MEET ONE HUNDRED PERCENT OF ALL STATE AND MUNICIPAL ENERGY NEEDS AND THE ENERGY NEEDS OF ALL PUBLIC AND PRIVATE BUILDINGS AND PROPERTIES POWERED BY THE AUTHORITY WITH RENEWABLE ENERGY BY TWO THOUSAND TWENTY-SIX, AND IT SHALL NOT PURCHASE, PLAN, FINANCE, OR CONSTRUCT ANY NEW GENERATION PROJECT OR ENERGY INFRASTRUCTURE WHICH IS NOT A RENEWABLE ENERGY PROJECT OR PART OF A RENEWABLE ENERGY PROJECT. THE AUTHORITY SHALL PRIORITIZE FUNDING, S. 6453--A 3 BUILDING, AND OWNING RENEWABLE ENERGY PROJECTS WHICH: (A) ACTIVELY BENE- FIT DISADVANTAGED COMMUNITIES AS DEFINED BY THE CLIMATE JUSTICE WORKING GROUP; (B) MINIMIZE HARM TO WILDLIFE, ECOSYSTEMS, PUBLIC HEALTH, AND PUBLIC SAFETY; (C) DO NOT VIOLATE INDIGENOUS RIGHTS OR SOVEREIGNTY; AND (D) WHICH ARE THE MOST COST-EFFECTIVE TO THE STATE ACCORDING TO THE BEST AVAILABLE COST MODELING RESEARCH. THE TYPES OF RENEWABLE ENERGY PROJECTS THE AUTHORITY BUILDS SHALL BE DETERMINED AND PRIORITIZED IN CONSULTATION WITH COMMUNITY GROUPS, NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY'S REGIONAL CLEAN ENERGY HUBS, AND ENVIRONMENTAL AND ENERGY EXPERTS. THE AUTHORITY SHALL ALSO CONVERT ALL STATE AND MUNICIPAL PROP- ERTIES AND AUTHORITY POWERED PRIVATELY OWNED BUILDINGS TO RECEIVE HEAT- ING AND COOLING FROM RENEWABLE ENERGY SOURCES BY TWO THOUSAND THIRTY. 31. (A) WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SUBDIVISION, THE AUTHORITY SHALL MAKE PUBLIC A TEN-YEAR CLIMATE AND RESILIENCY PLAN. SUCH CLIMATE AND RESILIENCY PLAN SHALL BE DESIGNED TO MINIMIZE THE COSTS TO RATEPAYERS WHILE BALANCING THE INTERESTS OF EMPLOYEES, GRID RELIABIL- ITY AND RESILIENCY, DISADVANTAGED COMMUNITIES AS DEFINED BY THE CLIMATE JUSTICE WORKING GROUP AND THE ENVIRONMENT. SUCH PLAN SHALL BE DEVELOPED IN CONSULTATION WITH THE NEW YORK STATE INDEPENDENT SYSTEM OPERATOR, THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, AND EXPERTS, ENVIRONMENTAL JUSTICE COMMUNITIES, RATEPAYERS AND COMMUNITY ORGANIZATIONS VIA THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY'S REGIONAL CLEAN ENERGY HUBS. SUCH RESILIENCY PLAN SHALL OUTLINE THE RENEWABLE PROJECTS THE AUTHORITY PLANS TO BUILD, HOW THE AUTHORITY PLANS TO PHASE OUT NON-RENEWABLE ASSETS AND HOW THE AUTHORITY PLANS TO COMPLY WITH THE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT AND THE RENEWABLE ENERGY TARGETS OUTLINED IN THIS SUBDIVISION AND SUBDI- VISIONS TWENTY-NINE, THIRTY AND THIRTY-TWO OF THIS SECTION. THE AUTHORI- TY SHALL ALSO OUTLINE A PLAN TO IMPROVE ENERGY RESILIENCY AND IF NECES- SARY TO MEET THE AUTHORITY'S RENEWABLE ENERGY TARGETS, SHALL COORDINATE WITH THE NEW YORK STATE INDEPENDENT SYSTEM OPERATOR TO RE-ADJUST THE LOCATIONAL CAPACITY REQUIREMENTS FOR EACH REGION IN THE STATE. ADDI- TIONALLY, WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SUBDIVISION, THE AUTHORITY SHALL MAKE PUBLIC A DEMOCRATIZATION PLAN, WITH A MANDATE TO IMPLEMENT THE PLAN WITHIN TWO YEARS OF ITS COMPLETION. SUCH PLAN SHALL BE CREATED IN PARTNERSHIP WITH, AND CODESIGNED WITH, A STATEWIDE ALLIANCE OF COMMUNITY ORGANIZATIONS WITH AT LEAST FIVE YEARS' HISTORY OF WORKING ON ENERGY DEMOCRACY AND IMPLEMENTATION ISSUES, PROVIDING FUNDING FOR THIS ALLIANCE AS NECESSARY FOR THEIR PARTICIPATION IN THE COMPLETION OF THE PLAN. SUCH PLAN SHALL ENSURE THAT THE SCALE UP OF RENEWABLE BUILD OUT ACROSS THE STATE OCCURS IN LINE WITH THE PRINCIPLES OF ENERGY DEMOC- RACY AND TRANSPARENCY. (B) (I) THE AUTHORITY SHALL HOLD AS MANY PUBLIC HEARINGS AS IS NEEDED TO ACCOMMODATE ALL WHO SIGN UP TO SPEAK RELATED TO SUCH CLIMATE AND RESILIENCY PLAN ANNUALLY, AND MAY UPDATE SUCH PLAN ANNUALLY AS NEEDED. THE HEARING SHALL BE PUBLICIZED IN VARIOUS FORMS OF MEDIA, INCLUDING BUT NOT LIMITED TO THE AUTHORITY'S WEBSITE, LOCAL NEWSPAPERS AND SOCIAL MEDIA PLATFORMS, AND SHALL ALSO BE ACCESSIBLE VIA LIVESTREAM. IN ADVANCE OF SUCH HEARING, THE AUTHORITY SHALL CONSPICUOUSLY POST WRITTEN NOTICE OF SUCH HEARING IN ALL AUTHORITY FACILITIES AND NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY'S REGIONAL CLEAN ENERGY HUBS ON A SIGN POSTED AT EACH FACILITY ENTRANCE AND EXIT USED BY EMPLOYEES, AND SHALL PROVIDE AT LEAST TWO WEEKS ADVANCE NOTICE OF SUCH HEARING TO AUTHORITY CUSTOMERS BY DIRECTLY COMMUNICATING SUCH NOTICE TO CUSTOMER PHONE, EMAIL AND MAIL- ING LISTS. HEARINGS SHALL BE PERMITTED BETWEEN 12:00 PM TO 3:00 PM AND S. 6453--A 4 6:00 PM TO 9:00 PM, AND THE AUTHORITY SHALL PROVIDE ALL SPEAKERS WITH THE OPTION TO SIGN UP TO SPEAK WITHIN THOSE THREE HOUR WINDOWS SUCH THAT NO SPEAKER SHALL WAIT LONGER THAN THREE HOURS TO SPEAK. ALL SPEAKERS WHO SIGN UP SHALL PUBLICLY DISCLOSE WHETHER THEY ARE BEING PAID TO SPEAK AT THE HEARING, AND IF SO, WHO THEY ARE BEING PAID BY. IN ADDITION TO ORAL TESTIMONY, WRITTEN TESTIMONY FROM THE PUBLIC FOR SUCH HEARINGS SHALL BE ACCEPTED BY THE AUTHORITY NO LESS THAN TWO WEEKS AFTER EACH HEARING. EACH SPEAKER SHALL HAVE AT LEAST THREE MINUTES TO SPEAK, AND A REMOTE OPTION SHALL BE PROVIDED FOR SUBMITTING COMMENTS VIA VIDEO CONFERENCE, PHONE, INCLUDING SHORT MESSAGE SERVICES (SMS) TEXT MESSAGES AND/OR WRIT- TEN COMMENT, WHICH SHALL BE READ ALOUD. PROVISIONS FOR CHILDCARE, TRANS- LATION SERVICES, AMERICAN SIGN LANGUAGE INTERPRETATION, CLOSED CAPTION- ING, AND ACCESS TO ACCOMMODATIONS PROVIDED BY THE AMERICANS WITH DISABILITIES ACT SHALL BE PROVIDED UPON REQUEST. (II) THE AUTHORITY SHALL MAINTAIN AN ONLINE SUGGESTION BOARD WHERE THE PUBLIC MAY SUBMIT RECOMMENDATIONS TO BE VOTED ON BY OTHER MEMBERS OF THE PUBLIC. THE TOP FIVE SUGGESTIONS SHALL BE DISCUSSED PUBLICLY AND SHALL BE VOTED ON BY THE AUTHORITY'S BOARD AT THE ANNUAL PUBLIC HEARING. OTHER SUGGESTIONS MAY BE TAKEN INTO CONSIDERATION AT THE BOARD'S DISCRETION. ALL DATA, MEETING MINUTES, RECORDINGS AND DOCUMENTS THAT DO NOT INCLUDE PERSONAL CUSTOMER INFORMATION, INCLUDING BUT NOT LIMITED TO DEPRECIATION SCHEDULES, ANNUAL FINANCIAL STATEMENTS OF ITEMIZED SPENDING, ENVIRON- MENTAL IMPACT STATEMENTS, COST-BENEFIT ANALYSES, CLIMATE AND RESILIENCY PLANS, RENEWABLE ENERGY PROJECT PLANS, AND ANNUAL REPORTS ON OPERATIONS, CUSTOMER SERVICE, RELIABILITY, RESILIENCY AND SUSTAINABILITY, SHALL BE MADE AVAILABLE ON THE AUTHORITY'S WEBSITE, OR OTHERWISE MADE ACCESSIBLE BY THE AUTHORITY UPON REQUEST. ALL SUCH RECORDS SHALL BE MAINTAINED AS BUSINESS RECORDS FOR A MINIMUM OF TEN YEARS. THE STATE COMPTROLLER SHALL AUDIT THE AUTHORITY AT LEAST ONCE EVERY TWO YEARS UNTIL TWO THOU- SAND THIRTY TO ASCERTAIN WHETHER THE AUTHORITY IS IN COMPLIANCE WITH THE RENEWABLE ENERGY TARGETS OUTLINED IN THIS SUBDIVISION AND SUBDIVISIONS TWENTY-NINE, THIRTY, THIRTY-TWO AND THIRTY-THREE OF THIS SECTION AND WHETHER THE AUTHORITY'S SPENDING AND OPERATIONS ARE EFFICIENT. THE MOST RECENT COMPTROLLER AUDITS SHALL ALSO BE MADE AVAILABLE ON THE AUTHORI- TY'S WEBSITE, OR OTHERWISE MADE ACCESSIBLE BY THE AUTHORITY UPON REQUEST. (C) (I) THE AUTHORITY SHALL CONDUCT AN ENERGY EFFICIENCY AND ENERGY AUDIT PROGRAM TO IDENTIFY PUBLIC AND PRIVATE BUILDINGS MOST IN NEED OF RETROFITS AND EFFICIENCY MEASURES. THE AUTHORITY SHALL HIRE AUTHORITY EMPLOYEES OR CONTRACTORS TO PERFORM ENERGY AUDITS, RETROFITS AND OTHER EFFICIENCY PROGRAMS FOR THESE BUILDINGS, SUCH AS INCENTIVES FOR ENERGY EFFICIENT APPLIANCES AND INDUCTION STOVES, AS NEEDED, TO MEET THE CLIMATE GOALS OUTLINED IN THE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT. THE AUTHORITY SHALL PRIORITIZE PUBLIC BUILDINGS AND LOW-INCOME CUSTOMERS AND TENANTS TO RECEIVE THE BENEFITS OF THESE EFFI- CIENCY PROGRAMS AND RETROFITS. IF THE BUILDINGS SELECTED FOR THIS PROGRAM NEED MOLD REMEDIATION MEASURES OR LEAD ABATEMENT MEASURES TO BE CARRIED OUT BEFORE ENERGY EFFICIENCY MEASURES CAN BE SAFELY IMPLEMENTED, THE AUTHORITY SHALL ALSO HIRE EMPLOYEES OR CONTRACTORS TO PERFORM LEAD ABATEMENT MEASURES AND/OR MOLD REMEDIATION MEASURES FOR THESE BUILDINGS. (II) THE AUTHORITY OR THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP- MENT AUTHORITY SHALL ANNUALLY POST AND MAINTAIN FOR AT LEAST ONE YEAR ON THEIR WEBSITE, A REPORT EVALUATING THE ENERGY EFFICIENCY PROGRAM, INCLUDING, BUT NOT LIMITED TO, THE NUMBER OF CUSTOMERS SERVED BY THE EFFICIENCY PROGRAM, THE CUSTOMER DEMOGRAPHICS, THE NUMBER OF RETROFITS AND ENERGY AUDITS PERFORMED, THE NUMBER OF JOBS CREATED AND EMPLOYEE S. 6453--A 5 DEMOGRAPHICS, AND THE AMOUNT OF ENERGY AND DOLLARS SAVED AS A RESULT OF THE PROGRAM. THE AUTHORITY SHALL ALSO SUBMIT AN ANNUAL REPORT TO THE GOVERNOR AND TO THE LEGISLATURE WHICH SHALL BE MADE AVAILABLE TO THE PUBLIC AND SHALL BE SUBJECT TO OPEN HEARINGS IN THE LEGISLATURE. SUCH REPORT SHALL INCLUDE THE: (A) TEN YEAR CLIMATE AND RESILIENCY PLAN DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION; (B) AMOUNT OF ENERGY PRODUCED BY EACH FACILITY; (C) ENERGY TRANSFERRED BETWEEN FACILITIES WITHIN THE AUTHORITY; (D) ENERGY TRANSFERRED OUTSIDE OF THE AUTHORITY FOR SALE; (E) KILOWATT-HOUR SALES BY PROJECT AND BY CUSTOMER; (F) REVENUES AND COSTS FOR EACH PROJECT FACILITY; (G) ACCUMULATED PROVISION FOR DEPRECIATION OF EACH PROJECT FACILITY; (H) FINANCIAL AND OPERATING INFORMATION OF THE ENERGY EFFICIENCY PROGRAM; AND (I) ENROLLMENT IN AND EFFECTIVENESS OF RENEWABLE ENERGY AUTO-ENROLL- MENT, RETROFIT, AND ENERGY EFFICIENT APPLIANCE PROGRAMS. 32. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, INCLUDING EXISTING ELECTRIC VEHICLE CHARGING STATIONS AND OPT OUT PROVISIONS OF CCAS, TO BE THE SOLE PROVIDER OF ELECTRICITY AND POWER TO ALL STATE AND MUNICIPAL OWNED, LEASED, CONTROLLED, OR OPERATED PROPERTIES THAT USE ELECTRICITY, INCLUDING BUT NOT LIMITED TO ALL BUILDINGS AND TRANSPORTATION-RELATED PROPERTIES SUCH AS TRAINS, SUBWAYS AND SUBWAY STATIONS, VESSELS, ELEC- TRIFIED BUSES AND VEHICLES, AND PUBLIC OR PRIVATE ELECTRIC VEHICLE CHARGING STATIONS. 33. (A) TO SELL OR PROVIDE RENEWABLE ENERGY TO END-USE CUSTOMERS AND CCA COMMUNITIES USING THE TRANSMISSION OR DISTRIBUTION SYSTEM OF ANY UTILITY WITH CONSOLIDATED BILLING. ANY EXCESS RENEWABLE ENERGY PRODUCED BY THE AUTHORITY AND NOT USED OR STORED BY STATE OR MUNICIPAL OWNED OR LEASED PROPERTIES SHALL BE SOLD DIRECTLY TO END-USE CUSTOMERS OR CCA'S, WHOLESALE, USING UTILITY'S TRANSMISSION OR DISTRIBUTION SYSTEMS. THE AUTHORITY SHALL SELL THIS ENERGY, IN ORDER OF LOWEST COST TO HIGHEST COST, WITH THE EXCEPTION OF CURRENT AND FUTURE RECHARGE NY RECIPIENTS, TO LOW-TO-MODERATE INCOME HOUSEHOLDS OR HOUSEHOLDS THAT HAVE AN ENERGY BURDEN GREATER THAN FOUR PERCENT OF THEIR ANNUAL INCOME FIRST; FOLLOWED BY STATE OR MUNICIPAL OWNED OR LEASED PROPERTIES; FOLLOWED BY CUSTOMERS WHO HAVE INSTALLED ELECTRIC HEAT PUMPS; FOLLOWED BY OTHER RESIDENTIAL CUSTOMERS; FOLLOWED BY OTHER COMMERCIAL AND INDUSTRIAL CUSTOMERS. THIS SUBDIVISION SHALL NOT INTERFERE WITH THE AUTHORITY'S EXISTING RECHARGE PROGRAM. FOR THE PURPOSES OF THIS PARAGRAPH, THE TERM "LOW-TO-MODERATE INCOME HOUSEHOLDS" SHALL MEAN HOUSEHOLDS WITH ANNUAL INCOMES AT OR BELOW EIGHTY PERCENT OF THE AREA MEDIAN INCOME OF THE COUNTY OR METRO AREA WHERE THEY RESIDE. (B) THERE SHALL BE NO ELECTRICITY RATE INCREASE FOR THE FIRST THREE YEARS FOLLOWING THE EFFECTIVE DATE OF THIS SUBDIVISION. AFTER THE FIRST THREE YEARS FOLLOWING THE EFFECTIVE DATE OF THIS SUBDIVISION, A PROGRES- SIVE RATE STRUCTURE BASED ON INCOME AND LEVEL OF ENERGY SHALL BE DEVEL- OPED IN CONSULTATION WITH THE AUTHORITY AND COMMUNITIES VIA THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY'S REGIONAL CLEAN ENERGY HUBS. (C) THE AUTHORITY SHALL DISCOURAGE THE SHUT OFF OF ANY RESIDENTIAL CUSTOMER'S ENERGY FOR NON-PAYMENT AND SHALL DISCOURAGE THE CHARGE OF PUNITIVE LATE FEES BY COLLABORATING WITH DISTRIBUTION COMPANIES. THE AUTHORITY SHALL WORK WITH THE LOW INCOME HOME ENERGY ASSISTANCE PROGRAM TO ASSIST LOW-INCOME CUSTOMERS WITH PAYMENT PLANS AND TO DEVELOP AN S. 6453--A 6 EMERGENCY FUND TO COVER INSTANCES OF NON-PAYMENT. NOTWITHSTANDING ANY OTHER PROVISION TO THE CONTRARY, THE AUTHORITY MAY IMPOSE PENALTIES FOR LARGE ENERGY USERS AND MAY INCENTIVIZE ENERGY CONSERVATION WITH REBATES AND DISCOUNTS ON ENERGY EFFICIENT PRODUCTS, TO BE DETERMINED BY THE AUTHORITY'S BOARD IN CONSULTATION WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY. (D) THE AUTHORITY IS AUTHORIZED TO SELL UP TO THIRTY PERCENT OF THE ELECTRICITY THAT IT PROVIDES TO RESIDENTIAL AND COMMERCIAL CUSTOMERS TO CUSTOMERS OF THE LONG ISLAND POWER AUTHORITY, ESTABLISHED UNDER TITLE ONE-A OF THIS ARTICLE, AND THE LONG ISLAND POWER AUTHORITY IS AUTHORIZED TO PURCHASE THIS POWER. 34. ALL NEW RENEWABLE PROJECTS DESIGNED, BUILT, OWNED AND OPERATED BY THE AUTHORITY AND ENERGY EFFICIENCY PROGRAMS DESIGNED, BUILT, OWNED AND OPERATED BY THE AUTHORITY SHALL PAY A PREVAILING WAGE AND SHALL BE SUBJECT TO PROJECT LABOR AGREEMENTS. THESE PREVAILING WAGE AND PROJECT LABOR AGREEMENT PROVISIONS SHALL APPLY BOTH TO THE AUTHORITY'S EMPLOYEES AND TO CONTRACTORS HIRED FOR THE CONSTRUCTION AND OPERATION OF THESE PROJECTS. THERE SHALL BE NO EMERGENCY STRIKE FUNDS, NOR SHALL THERE BE RATEPAYER FUNDED MANAGEMENT CONTRACT NEGOTIATION FUNDS; THE AUTHORITY AND ITS CONTRACTORS AND SUBCONTRACTORS SHALL AT A MINIMUM REMAIN NEUTRAL TO UNIONIZATION EFFORTS. FURTHERMORE, THE AUTHORITY SHALL CONTRIBUTE TO A JUST TRANSITION FUND, WHICH SHALL MAKE FUNDING AVAILABLE FOR WORKERS WHO LOSE JOBS AS A RESULT OF THESE MEASURES, PROVIDED THAT THIS FUNDING IS USED FOR RETRAINING FOR OTHER ROLES OR USED TO CONTRIBUTE TO THE RETIREMENT OF THESE WORKERS. THIS FUND AND A JUST TRANSITION PLAN FOR ANY FOSSIL FUEL, NUCLEAR, ENERGY SERVICE COMPANY, OR OTHER EMPLOYEES WHO LOSE THEIR JOBS AS A RESULT OF THIS BILL OR AS A RESULT OF THE TRANSI- TION TO RENEWABLES, SHALL BE DEVELOPED BY THE AUTHORITY IN CONSULTATION WITH LABOR UNIONS AND IMPACTED EMPLOYEES. 35. (A) THE AUTHORITY SHALL PARTNER WITH BOTH THE OFFICE OF RENEWABLE ENERGY SITING AND THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY'S REGIONAL CLEAN ENERGY HUBS TO DETERMINE SITING OF LARGE SCALE RENEWABLE AND DISTRIBUTED RENEWABLE PROJECTS, PRIORITIZING: (I) THE PREFERENCES OF, LAND RIGHTS OF, AND BENEFITS TO INDIGENOUS NATIONS; (II) PREFERENCES OF AND BENEFITS TO DISADVANTAGED COMMUNITIES; AND (III) OVERALL COST OPTIMIZATION OF DISTRIBUTED GENERATION RESOURCES FOR THE STATE OVERALL AS DEMONSTRATED BY THE MOST RECENT AND DETAILED AVAILABLE ENERGY MODELING. 36. THE AUTHORITY SHALL, WHEN FEASIBLE, PRIORITIZE PROJECTS THAT MAKE A GOOD FAITH EFFORT TO SOURCE MATERIALS MANUFACTURED WITHIN THE STATE, INCLUDING, BUT NOT LIMITED TO, SOLAR PANELS AND BATTERIES. 37. THE AUTHORITY SHALL WORK WITH EXISTING WORKFORCE DEVELOPMENT PROGRAMS, UNION APPRENTICESHIP PROGRAMS, AND REGIONAL COMMUNITY ENERGY HUBS TO PUBLISH A REPORT ON THE WAYS THAT THE CONSTRUCTION OF RENEWABLE PROJECTS CAN BEST SUPPORT THE DEVELOPMENT OF SKILLED, WELL PAID LOCAL WORKFORCES IN THE RENEWABLE ENERGY SECTOR, AND SHALL PROVIDE FINANCIAL SUPPORT FOR PRE-APPRENTICESHIP PROGRAMS THROUGH LOCAL COMMUNITY BASED ORGANIZATIONS THAT WORK WITH DISADVANTAGED COMMUNITIES WHERE THIS SUPPORT IS FOUND TO BE NECESSARY TO THE EFFECTIVE DEVELOPMENT OF THIS WORKFORCE ACCORDING TO THE REPORT. 38. THE AUTHORITY SHALL SUPPORT THE BUNDLING OF DISTRIBUTED RENEWABLE ENERGY PROJECTS WHEREVER POSSIBLE TO EXCEED THE FIVE MEGAWATT PROJECT THRESHOLD THAT ENSURES PREVAILING WAGE UNDER CURRENT LAW. 39. FOR ENERGY PROJECTS THAT THE AUTHORITY BUILDS ON PROPERTIES OF THE NEW YORK CITY HOUSING AUTHORITY, INCLUDING HEAT PUMP INSTALLATIONS, S. 6453--A 7 RETROFITS, WEATHERIZATION MEASURES, AND LEAD, MOLD, AND ASBESTOS REMEDI- ATION, BOTH THE AUTHORITY AND ITS CONTRACTORS SHALL PRIORITIZE HIRING RESIDENTS OF THESE PROPERTIES, PROVIDED THAT RESIDENTS MEET CONSIDER- ATIONS OF AVAILABILITY, SKILL LEVEL AND TRAINING, AND THAT RESIDENTS WANT THOSE JOBS. IF THEY DO, THE AUTHORITY MUST CONNECT THOSE RESIDENTS WITH TRAINING OR UNION APPRENTICESHIP OPPORTUNITIES THAT WOULD PREPARE THEM FOR LONG-TERM CAREERS IN THOSE INDUSTRIES. NO PROVISIONS OF THIS SUBDIVISION SHALL ALTER THE STATUS OF ANY SECTION 9 HOUSING. THE AUTHOR- ITY SHALL CONSULT THE RESIDENTS OR OCCUPANTS OF ALL PUBLIC BUILDINGS WHERE THE AUTHORITY IS BUILDING PROJECTS TO ASSESS THEIR NEEDS AND MINI- MIZE DISRUPTION, NUISANCE, PUBLIC HEALTH RISKS, AND DISPLACEMENT DURING ANY REMEDIATION, RETROFIT, WEATHERIZATION, HEAT PUMP INSTALLATIONS, OR OTHER CONSTRUCTION THE AUTHORITY OR ITS CONTRACTORS PERFORM. § 3. Section 1003 of the public authorities law, as amended by chapter 766 of the laws of 2005, is amended to read as follows: § 1003. Trustees. 1. The authority shall consist of [seven] SEVENTEEN trustees, five of whom shall serve respectively for terms of one, two, three, four and five years, to be appointed by the governor, by and with the advice and consent of the senate. The sixth and seventh trustees shall be appointed by the governor, by and with the advice and consent of the senate, and shall serve initial terms of one and two years respectively. ALL OTHER TRUSTEES SHALL BE APPOINTED BY THE REGIONAL CLEAN ENERGY HUBS AND COMMUNITY ORGANIZATIONS FROM ACROSS NEW YORK STATE, AND SHALL INCLUDE: (A) TWO WHO ARE REPRESENTATIVE OF THE LABOR UNIONS THAT REPRESENT EMPLOYEES OF THE AUTHORITY; (B) TWO WITH A BACK- GROUND PRIMARILY IN ENVIRONMENTAL JUSTICE ADVOCACY; (C) TWO WITH A BACK- GROUND PRIMARILY IN COMMUNITY RENEWABLE ENERGY ADVOCACY; (D) TWO WITH A BACKGROUND IN CONSUMER ADVOCACY; (E) TWO WITH BUILDING ELECTRIFICATION EXPERTISE; AND (F) TWO WITH ENERGY EFFICIENCY EXPERTISE. NO PERSON SHALL BE A TRUSTEE OF THE AUTHORITY WHO HAS A PROVABLE CONFLICT OF INTEREST WITH THE AUTHORITY'S MISSION TO PROVIDE LOW COST RENEWABLE ENERGY. Each trustee shall hold office until a successor has been appointed and qual- ified OR UNTIL REMOVED BY A MAJORITY VOTE OF THE LEGISLATURE OR THE GOVERNOR. At the expiration of the term of each trustee and of each succeeding trustee [the governor shall, by and with the advice and consent of the senate, appoint a successor, who shall hold office for a term of five years, or until a successor has been appointed and quali- fied. In the event of a vacancy occurring in the office of the trustee by death, resignation or otherwise, the governor shall, by and with the advice and consent of the senate, appoint a successor, who shall hold office for the unexpired term. Four trustees shall constitute a quorum for the purpose of organizing the authority and conducting the business thereof.], OR THE EVENT OF A VACANCY OCCURRING IN THE OFFICE OF THE TRUSTEE BY DEATH, RESIGNATION OR OTHERWISE, THE ORIGINAL ENTITIES WHO APPOINTED THAT TRUSTEE SHALL APPOINT A SUCCESSOR, WHO SHALL HOLD OFFICE FOR THE UNEXPIRED TERM. NINE TRUSTEES SHALL CONSTITUTE A QUORUM FOR THE PURPOSE OF ORGANIZING THE AUTHORITY AND CONDUCTING THE BUSINESS THEREOF. ANY AUTHORITY TRUSTEE OR BOARD MEMBER MAY BE TERMINATED BY EITHER A MAJORITY VOTE OF THE SENATE OR ASSEMBLY, OR BY THE GOVERNOR. REASONS FOR TERMINATION MAY INCLUDE, BUT ARE NOT LIMITED TO: FAILURE TO MEET THE RENEWABLE ENERGY TARGETS OUTLINED IN THIS BILL; CONFLICTS OF INTEREST; FAILURE TO PRIORITIZE CLIMATE JUSTICE, ENVIRONMENTAL JUSTICE, OR ECONOM- IC JUSTICE IN THE AUTHORITY'S OPERATIONS; SEXUAL ASSAULT OR HARASSMENT; OR CORRUPTION. 2. The trustee chosen as chairman as provided in section one thousand four of this title, shall receive an annual salary which shall be set by S. 6453--A 8 the trustees of the authority, and which shall not exceed the salary prescribed for the positions listed in paragraph (f) of subdivision one of section one hundred sixty-nine of the executive law. [Each other trustee shall not receive a salary or other compensation.] Each trustee shall receive his or her reasonable expenses in the performance of his or her duties hereunder. The trustee chosen as chairman may elect to become a member of the New York state and local employees' retirement system on the basis of such compensation to which he or she shall be entitled as herein provided notwithstanding the provisions of any gener- al, special or local law, municipal charter, or ordinance. § 4. The public authorities law is amended by adding a new section 1016 to read as follows: § 1016. FOR-PROFIT ENERGY SERVICES COMPANIES. NO FOR-PROFIT ENERGY SERVICES COMPANY, THEIR CONTRACTORS, AND/OR THEIR AGENTS SHALL SEEK TO ENROLL OR MARKET THE COMPANY'S SERVICES TO NEW RESIDENTIAL CUSTOMERS. THE TERM "MARKET" SHALL INCLUDE ANY AND ALL PROMOTION OR OUTREACH TO RESIDENTIAL CUSTOMERS IN AN ATTEMPT TO GET THEM TO ENROLL IN THE COMPA- NY'S SERVICES. WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS SECTION, FOR-PROFIT ENERGY SERVICES COMPANIES SHALL UNENROLL ANY RESIDENTIAL CUSTOMER THAT THEY CURRENTLY SERVE. HOWEVER, ENERGY SERVICE COMPANIES MAY CONTINUE SELLING, ENROLLING OR MARKETING THEIR SERVICES TO COMMUNITY CHOICE AGGREGATION CUSTOMERS. § 5. Nothing in this act is intended to limit, impair, or affect the legal authority of the power authority of the state of New York under any other provision of title 1 of article 5 of the public authorities law. § 6. No section of this act or any action required to be taken under this act shall be delayed or made contingent upon the completion of the plan required by subdivision 31 of section 1005 of the public authori- ties law, as added by section two of this act. § 7. Severability clause. If any clause, sentence, paragraph, subdi- vision, or section of this act shall be adjudged by any court of compe- tent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its opera- tion to the clause, sentence, paragraph, subdivision, or section thereof directly involved in the controversy in which such judgment 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. § 8. This act shall take effect immediately.
(D, WF) 18th Senate District
(D) 15th Senate District
(D) 36th Senate District
(D, WF) Senate District
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(D, WF) 46th Senate District
(D, WF) 25th Senate District
(D) 30th Senate District
(D, WF) 12th Senate District
(D) 26th Senate District
(D, WF) 40th Senate District
(D, WF) 41st Senate District
(D, WF) 47th Senate District
(D, WF) 31st Senate District
(D) 27th Senate District
(D, WF) 28th Senate District
(D) 16th Senate District
(D, WF) 48th Senate District
(D) 20th Senate District
(D, WF) 13th Senate District
(D, WF) 33rd Senate District
(D) 10th Senate District
(D) 32nd Senate District
(D, WF) 29th Senate District
(D) 42nd Senate District
See Assembly Version of this Bill: A1466 Current Committee: Assembly Ways And Means Law Section: Public Authorities Law Laws Affected: Amd §§1005 & 1003, Pub Auth L Versions Introduced in Other Legislative Sessions: 2019-2020: S7232, A8938
2023-2024: S4134, A279
Implements the "New York State Build Public Renewables Act"; requires the New York power authority to provide only renewable energy and power to customers; requires such authority to be the sole provider of energy to all state owned and municipal properties; requires certain New York power authority projects and programs pay a prevailing wage and utilize project labor agreements.
BILL NUMBER: S6453B SPONSOR: PARKER TITLE OF BILL: An act to amend the public authorities law, in relation to implementing the "New York State Build Public Renewables Act" PURPOSE OR GENERAL IDEA OF BILL: To enable the New York Power Authority (NYPA) to own and build new renewable energy generation, storage, and transmission, to provide renewable energy to all State owned property by 2030 and municipal prop- erty by 2035, and lay the groundwork for the 100% renewable, democrat- ically controlled, publicly owned energy system New York needs in order to meet the goals of the landmark Climate Leadership and Community Protection Act and lead the nation on climate. SUMMARY OF PROVISIONS: Section 1 establishes the New York State Build Public Renewables Act.
Section 2 amends Section 1005 of the public authorities law by adding new subdivisions 30 through 42. Subdivision 30 gives the New York Power Authority the authority and directive to purchase, acquire, plan, design, engineer, finance, construct, operate, manage, improve and maintain any renewable energy project. This subdivision also defines the terms "renewable energy" and "renewable energy project." Subdivision 31 authorizes NYPA to participate in federal lease auctions for renewable energy development. Subdivision 32 directs NYPA to phase out its fossil-fuel fired power plants by 2030 and to only generate renewable energy thereafter. The authority may submit to its trustees an attestation in writing, signed by the New York Independent System Operator and a representative of the NYSERDA regional clean energy hub where such facility is located, iden- tifying a reliability need to keep such facility in operation. NYPA must ensure that the phase out of its existing fossil-fuel fired power plants does not lead to an increase in non-renewable energy imports from out of state. The subdivision establishes that NYPA shall prioritize the siting and building of renewable energy projects which (i) actively benefit disadvantaged communities, (ii) minimize harm to wildlife, ecosystems, and public health and safety, (iii) does not violate indigenious rights or sovereignty, and(iv) are cost effective to the state. Subdivision 33 directs NYPA to develop a 10-year climate and resiliency plan within 2 years. The plan shall be designed to minimize costs to ratepayers, while balancing interests of employees, grid resiliency and reliability, and disadvantaged communities. The plan must identify the renewable energy projects that NYPA plans to build, how the authority plans to phase out its fossil-fuel fired generation, and any efforts to improve grid resiliency and reliability. The climate and resiliency plan must be updated annually and identify the progress towards meeting the CLCPA goals and what projects that NYPA must undertake to enable the state to meet those goals. NYPA must hold eight public hearings related to the development of the climate and resiliency plan. This subdivision also requires NYPA to develop a democratization plan within 2 years in partnership with community organizations with experi- ence working on energy democracy and implementation issues. This subdi- vision also requires NYPA, in consultation with NYSERDA and the Public Service Commission, to develop and implement an energy efficiency and energy audit program to identify public buildings most in need of retro- fits and energy efficiency measures. The authority shall annually post on its website a report evaluating the energy efficiency program. All works subject to this subdivision will be considered public work subject to prevailing wage and project labor agreements. Subdivision 34 directs NYPA to be the sole provider of electricity to all state owned, leased, controlled or operated buildings by 2030 and all municipal owned, leased, controlled or operated buildings by 2035, so long as NYPA's energy supply rate is less than the local utility energy supply rate. Subdivision 35 authorizes NYPA to sell renewable energy to residential end-use customers and Community Choice Aggregation communities. NYPA must sell any excess renewable energy not used for state or municipal buildings to low-to-moderate (LMI) income customers first, at a rate that is fifty percent less than the energy supply rate of the local utility in the customer's service territory. LMI customers in disadvan- taged communities are to be prioritized. Within 3 years NYPA must devel- op a progressive rate structure based on income and energy usage to be offered to residential end-use customers and CCA communities, and shall work with the Office of Temporary and Disability Assistance to sign up low-income customers to the Home Energy Assistance Program (HEAP) and other utility benefit programs. Subdivision 36 requires that all renewable energy projects are to be considered public work subject to prevailing wage and project labor agreements. Subdivision 37 requires NYPA to develop in consultation with labor organizations a transition, training or retraining plan for impacted employees and shall establish a just transition fund for worker transi- tioning and retraining. Subdivision 38 establishes a Buy American requirement for the procure- ment of any components or parts used in the building of renewable energy projects. Such a requirement may be waived by NYPA's trustees if the requirement is not in the public interest, would result in unreasonable costs, or the components or parts are not manufactured in the United States in sufficient quantity or quality. Section 39 directs NYPA to work with existing workforce development programs, union apprenticeship programs, and the regional community clean energy hubs to publish a report on the ways that construction of renewable energy projects can support a skilled and well paid local workforce. Section 40 directs NYPA to prioritize the hiring of residents at any NYCHA property where renewable heating and cooling, retorifts, weatheri- zation, or any other project is undertaken by the Authority. The subdi- vision also creates a consulting process to work with residents of these properties to assess their needs and minimize disruption and impacts to public health. Section 41 creates employee protections. Section 42 directs NYPA to enter into a memorandum of understanding for the operation and maintenance of renewable energy projects built pursu- ant to the Act with a labor organization that is engaged in representing transitioning workers. The memorandum must identify that transitioning workers shall have priority access to the operations and maintenance jobs at such renewable energy projects. Section 3 adds ten trustees to the Board of NYPA, two to be appointed by the Governor, four by the Temporary President of the Senate, and four by the Speaker of the Assembly. The trustees must proportionally be selected from labor union representatives, environmental justice advo- cates, community renewable energy advocates, consumer advocates, and building electrification and energy efficiency experts. Reasonable consideration must be given to candidates proposed by NYSERDA's regional clean energy hubs. The section also creates a mechanism to remove trus- tees by the governor, a majority vote of the legislature or removal for cause. JUSTIFICATION: With the passage of the landmark Climate Leadership and Community Protection Act in 2019, New York has committed to moving away from nonrenewable energy generation and relying entirely on renewable sourc- es. In order to achieve this, New York needs capable public ownership of its energy generation, transmission and distribution. Currently, NYPA is only able to own, build or maintain a small number of new renewable energy generation projects. This bill will give them the power to build renewable energy projects at the scale needed to ensure that our transi- tion to renewable energy is in capable hands. It will enable NYPA to fully power State and municipal properties with renewable energy by 2030 and 2035 respectively, an important step in minimizing our carbon foot- print. NYPA will be able to sell renewable energy directly to residen- tial end-use customers, and low-income customers' rate will be less than the rate of their current utility. This bill will also create new green jobs, as well as helping people who previously worked in non-renewable energy to transition to new jobs in sustainable energy. All employees will be paid a prevailing wage and be subject to project labor agree- ments. New York needs to provide good jobs for people in a growing indus- try.NYPA is the largest publicly owned utility in the country and has proven itself by providing the most affordable energy in New York State. This bill will put the massive and important prospect of converting our electrical grid to renewable energy and delivering on the climate and equity goals of the CLCPA in capable hands. PRIOR LEGISLATIVE HISTORY: 2019-20: S7232 - Referred to Energy and Telecommunications FISCAL IMPLICATIONS: None EFFECTIVE DATE: This act shall take effect immediately.
S T A T E O F N E W Y O R K ________________________________________________________________________ 6453--B 2021-2022 Regular Sessions I N S E N A T E April 29, 2021 ___________ Introduced by Sens. PARKER, SALAZAR, ADDABBO, BAILEY, BIAGGI, BRESLIN, BRISPORT, CLEARE, GIANARIS, HOYLMAN, JACKSON, KAVANAGH, MAY, MYRIE, RAMOS, RIVERA, SANDERS, SEPULVEDA, SERRANO, SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommunications -- recommitted to the Committee on Ener- gy and Telecommunications in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public authorities law, in relation to implementing the "New York State Build Public Renewables Act" 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 "New York State Build Public Renewables Act". § 2. Section 1005 of the public authorities law is amended by adding thirteen new subdivisions 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41 and 42 to read as follows: 30. (A) THE AUTHORITY IS AUTHORIZED AND DIRECTED TO PURCHASE, ACQUIRE, PLAN, DESIGN, ENGINEER, FINANCE, CONSTRUCT, OPERATE, MANAGE, IMPROVE AND/OR MAINTAIN ANY RENEWABLE ENERGY PROJECT. (B) FOR THE PURPOSES OF THIS SUBDIVISION AND SUBDIVISIONS THIRTY-ONE, THIRTY-TWO, THIRTY-THREE, THIRTY-FOUR, THIRTY-FIVE, THIRTY-SIX, THIRTY- SEVEN, THIRTY-EIGHT, THIRTY-NINE, FORTY, FORTY-ONE AND FORTY-TWO OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (I) "RENEWABLE ENERGY" SHALL HAVE THE SAME MEANING AS RENEWABLE ENERGY SYSTEMS AS SET FORTH IN SECTION SIXTY-SIX-P OF THE PUBLIC SERVICE LAW. (II) "RENEWABLE ENERGY PROJECT" SHALL BE DEFINED AS ALL INFRASTRUCTURE WHICH GENERATES, STORES, DISTRIBUTES OR TRANSMITS RENEWABLE ENERGY OR THERMAL ENERGY AS DEFINED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH, AND INCLUDES THE CONSTRUCTION, INSTALLATION AND/OR OPERATION OF ANCILLARY EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05455-19-2
S. 6453--B 2 FACILITIES OR EQUIPMENT DONE IN CONNECTION WITH ANY SUCH RENEWABLE ENER- GY GENERATING PROJECTS, INCLUDING, BUT NOT LIMITED TO, ENERGY STORAGE SYSTEMS, ELECTRIC VEHICLE CHARGING INFRASTRUCTURE AND OFFSHORE WIND SUPPORT AND INSTALLATION VESSELS OWNED BY THE AUTHORITY, AND THE PRODUCTION, USE, AND SALE OF GREEN HYDROGEN DEFINED AS HYDROGEN PRODUCED THROUGH ELECTROLYSIS POWERED USING ONE HUNDRED PERCENT RENEWABLE ENERGY. 31. WHERE A RENEWABLE ENERGY SITE APPROPRIATE FOR NEW YORK STATE FALLS INTO FEDERAL JURISDICTION, THE AUTHORITY MAY PARTICIPATE IN LEASE AUCTIONS IN AN ATTEMPT TO OBTAIN OWNERSHIP OF THAT AREA. 32. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE AUTHORITY SHALL, ON OR AFTER JANUARY FIRST, TWO THOUSAND THIRTY, ONLY GENERATE RENEWABLE ENERGY AND SHALL ONLY PURCHASE, ACQUIRE, PLAN, DESIGN, ENGI- NEER, FINANCE, AND CONSTRUCT GENERATION AND TRANSMISSION FACILITIES FOR THE PURPOSE OF GENERATING, STORING, DISTRIBUTING AND TRANSMITTING RENEW- ABLE ENERGY. THE AUTHORITY SHALL PHASE OUT ITS USE OF EXISTING NON-RE- NEWABLE GENERATION NO LATER THAN DECEMBER THIRTIETH, TWO THOUSAND THIR- TY, UNLESS THE AUTHORITY PROVIDES TO ITS TRUSTEES, AND MAKES PUBLICLY AVAILABLE, AN ATTESTATION IN WRITING, SIGNED BY THE INDEPENDENT SYSTEM OPERATOR AND A REPRESENTATIVE OF THE REGIONAL CLEAN ENERGY HUB IN WHICH THE FACILITY IS LOCATED, IDENTIFYING THE EXISTENCE OF A RELIABILITY NEED. THE AUTHORITY SHALL WORK WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY TO PROVIDE ANY FUNDING NECESSARY FOR A REGIONAL CLEAN ENERGY HUB TO MEET THE NEEDS OF THIS SUBDIVISION. THE AUTHORITY, IN CONSULTATION WITH THE INDEPENDENT SYSTEM OPERATOR, SHALL ENSURE THAT THE PHASE OUT OF ITS EXISTING NON-RENEWABLE GENERATION DOES NOT LEAD TO AN INCREASE IN THE DELIVERY OF OUT-OF-STATE NON-RENEWABLE GENERATION INTO THE NEW YORK STATE ELECTRIC GRID. FOR THE PURPOSES OF THIS SUBDIVISION, A "RELIABILITY NEED" MEANS AN ELECTRICITY SYSTEM NEED, WHICH IF UNMET, WOULD RESULT IN A VIOLATION OF THE ELECTRIC POWER SYSTEM PLANNING AND OPERATING POLICIES, STANDARDS, CRITERIA, GUIDELINES, PROCE- DURES, AND RULES PROMULGATED BY THE NORTH AMERICAN ELECTRIC RELIABILITY CORPORATION ("NERC"), NORTHEAST POWER COORDINATING COUNCIL ("NPCC"), AND THE NEW YORK STATE RELIABILITY COUNCIL ("NYSRC"), AS THEY MAY BE AMENDED FROM TIME TO TIME. (B) THE AUTHORITY SHALL PRIORITIZE FUNDING, SITING, BUILDING, AND OWNING RENEWABLE ENERGY PROJECTS WHICH: (I) ACTIVELY BENEFIT DISADVAN- TAGED COMMUNITIES AS DEFINED BY THE CLIMATE JUSTICE WORKING GROUP; (II) MINIMIZE HARM TO WILDLIFE, ECOSYSTEMS, PUBLIC HEALTH, AND PUBLIC SAFETY; (III) DO NOT VIOLATE INDIGENOUS RIGHTS OR SOVEREIGNTY; AND (IV) WHICH ARE THE MOST COST-EFFECTIVE TO THE STATE ACCORDING TO THE BEST AVAILABLE COST MODELING RESEARCH. THE TYPES OF RENEWABLE ENERGY PROJECTS THE AUTHORITY BUILDS SHALL BE DETERMINED AND PRIORITIZED IN CONSULTATION WITH AFFECTED LABOR UNIONS AND COMMUNITY ORGANIZATIONS VIA THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY'S REGIONAL CLEAN ENERGY HUBS. 33. (A) WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SUBDIVISION, THE AUTHORITY SHALL MAKE PUBLIC A TEN-YEAR CLIMATE AND RESILIENCY PLAN. SUCH CLIMATE AND RESILIENCY PLAN SHALL BE DESIGNED TO MINIMIZE COSTS TO RATEPAYERS, WHILE BALANCING THE INTERESTS OF EMPLOYEES, GRID RELIABILITY AND RESILIENCY, DISADVANTAGED COMMUNITIES AS DEFINED BY THE CLIMATE JUSTICE WORKING GROUP, AND THE ENVIRONMENT. SUCH PLAN SHALL BE DEVELOPED IN CONSULTATION WITH THE NEW YORK STATE INDEPENDENT SYSTEM OPERATOR, THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, THE NEW YORK STATE DEPARTMENT OF PUBLIC SERVICE, AND CLIMATE AND RESILIENCY EXPERTS, LABOR ORGANIZATIONS, ENVIRONMENTAL JUSTICE COMMUNITIES, RESI- DENTIAL AND SMALL BUSINESS RATEPAYER ADVOCATES, AND COMMUNITY ORGANIZA- S. 6453--B 3 TIONS VIA THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORI- TY'S REGIONAL CLEAN ENERGY HUBS. SUCH RESILIENCY PLAN SHALL OUTLINE THE RENEWABLE ENERGY PROJECTS THE AUTHORITY PLANS TO BUILD, HOW THE AUTHORI- TY PLANS TO PHASE OUT NON-RENEWABLE ASSETS AND HOW THE AUTHORITY PLANS TO COMPLY WITH THE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT AND THE RENEWABLE ENERGY TARGETS IN SUBDIVISIONS THIRTY-TWO AND THIRTY-FOUR OF THIS SECTION, AND EFFORTS TO IMPROVE ENERGY AND ELECTRIC GRID RESILI- ENCY. THE AUTHORITY SHALL UPDATE SUCH PLAN ANNUALLY, AFTER PUBLIC COMMENT AND A HEARING. SUCH UPDATED PLAN SHALL INCLUDE A REVIEW OF THE STATE'S PROGRESS TOWARDS THE RENEWABLE ENERGY GOALS OF THE CLIMATE LEAD- ERSHIP AND COMMUNITY PROTECTION ACT. IF THE AUTHORITY, IN CONSULTATION WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, DETERMINES THAT THE RENEWABLE ENERGY GOALS OF THE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT ARE NOT LIKELY TO BE MET WITHIN THE TIMEFRAME ESTABLISHED BY THE LAW, THE AUTHORITY SHALL INCLUDE IN THE UPDATED PLAN THE RENEWABLE ENERGY PROJECTS IT PLANS TO BUILD TO ENSURE THE STATE MEETS SUCH GOALS, INCLUDING THE PERMIT APPLICATIONS SUBMITTED, THE STAGE OF EACH PROJECT IN THE DEVELOPMENT PROCESS, WHEN SUCH PROJECTS ARE EXPECTED TO BE COMMISSIONED, AND ANY BARRIERS TO DEPLOYMENT EXPERIENCED BY THE AUTHORITY. IF THE AUTHORITY HAS IDENTIFIED A RELIABILITY NEED TO MAINTAIN ITS EXISTING NON-RENEWABLE GENERATION PURSUANT TO SUBDIVISION THIRTY-TWO OF THIS SECTION, THE AUTHORITY SHALL IDENTIFY IN THE ANNUAL REPORT THE RENEWABLE ENERGY PROJECT, ENERGY STORAGE PROJECT, TRANS- MISSION OR DISTRIBUTION INFRASTRUCTURE, DEMAND RESPONSE, OR OTHER SUCH PROJECT OR PROJECTS THAT THE AUTHORITY, OR ANOTHER ENTITY, ONLY IF SUCH ENTITY HAS OBTAINED ALL THE NECESSARY PERMITS AND HAS BEGUN CONSTRUCTION, PLANS TO DEVELOP TO MEET THE RELIABILITY NEED. (B) WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SUBDIVISION, THE AUTHORITY SHALL MAKE PUBLIC A DEMOCRATIZATION PLAN, WITH A MANDATE TO IMPLEMENT THE PLAN WITHIN TWO YEARS OF ITS COMPLETION. SUCH PLAN SHALL BE CREATED IN PARTNERSHIP WITH, AND CODESIGNED WITH, A STATEWIDE ALLI- ANCE OF COMMUNITY ORGANIZATIONS WITH AT LEAST FIVE YEARS' HISTORY OF WORKING ON ENERGY DEMOCRACY AND IMPLEMENTATION ISSUES, PROVIDING FUNDING FOR THIS ALLIANCE AS NECESSARY FOR THEIR PARTICIPATION IN THE COMPLETION OF THE PLAN. SUCH PLAN SHALL ENSURE THAT THE SCALE UP OF RENEWABLE BUILD OUT ACROSS THE STATE OCCURS IN LINE WITH THE PRINCIPLES OF ENERGY DEMOC- RACY AND TRANSPARENCY. (C) THE AUTHORITY SHALL HOLD AT LEAST EIGHT PUBLIC HEARINGS WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SUBDIVISION RELATED TO THE CLIMATE AND RESILIENCY PLAN. THE HEARING SHALL BE PUBLICIZED IN VARIOUS FORMS OF MEDIA, INCLUDING BUT NOT LIMITED TO THE AUTHORITY'S WEBSITE, LOCAL NEWSPAPERS AND SOCIAL MEDIA PLATFORMS, AND SHALL ALSO BE ACCESSIBLE VIA LIVESTREAM. IN ADVANCE OF SUCH HEARING, THE AUTHORITY SHALL CONSPICU- OUSLY POST WRITTEN NOTICE OF SUCH HEARING IN ALL AUTHORITY FACILITIES AND NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY REGIONAL CLEAN ENERGY HUBS ON A SIGN POSTED AT EACH FACILITY ENTRANCE AND EXIT USED BY EMPLOYEES, AND SHALL PROVIDE AT LEAST TWO WEEKS ADVANCE NOTICE OF SUCH HEARING TO AUTHORITY CUSTOMERS BY DIRECTLY COMMUNICATING SUCH NOTICE TO CUSTOMER PHONE, EMAIL AND MAILING LISTS. HEARINGS SHALL BE PERMITTED BETWEEN 12:00 PM TO 3:00 PM AND 6:00 PM TO 9:00 PM, AND THE AUTHORITY SHALL PROVIDE ALL SPEAKERS WITH THE OPTION TO SIGN UP TO SPEAK WITHIN THOSE THREE HOUR WINDOWS SUCH THAT NO SPEAKER SHALL WAIT LONGER THAN THREE HOURS TO SPEAK. IN ADDITION TO ORAL TESTIMONY, WRITTEN TESTIMONY FROM THE PUBLIC FOR SUCH HEARINGS SHALL BE ACCEPTED BY THE AUTHORITY NO LESS THAN TWO WEEKS AFTER EACH HEARING. EACH SPEAKER SHALL HAVE AT LEAST THREE MINUTES TO SPEAK, AND A REMOTE OPTION SHALL BE S. 6453--B 4 PROVIDED FOR SUBMITTING COMMENTS VIA VIDEO CONFERENCE, PHONE, INCLUDING SHORT MESSAGE SERVICES (SMS) TEXT MESSAGES AND/OR WRITTEN COMMENT, WHICH SHALL BE READ ALOUD. PROVISIONS FOR TRANSLATION SERVICES, AMERICAN SIGN LANGUAGE INTERPRETATION, CLOSED CAPTIONING, AND ACCESS TO ACCOMMODATIONS PROVIDED BY THE AMERICANS WITH DISABILITIES ACT SHALL BE PROVIDED UPON REQUEST. (D) THE AUTHORITY SHALL MAINTAIN ALL DATA, MEETING MINUTES, RECORDINGS AND DOCUMENTS THAT DO NOT INCLUDE PERSONAL CUSTOMER INFORMATION, INCLUD- ING BUT NOT LIMITED TO DEPRECIATION SCHEDULES, ANNUAL FINANCIAL STATE- MENTS OF ITEMIZED SPENDING, ENVIRONMENTAL IMPACT STATEMENTS, COST-BENE- FIT ANALYSES, CLIMATE AND RESILIENCY PLANS, RENEWABLE ENERGY PROJECT PLANS, AND ANNUAL REPORTS ON OPERATIONS, CUSTOMER SERVICE, RELIABILITY, RESILIENCY AND SUSTAINABILITY. ALL SUCH DATA, MEETING MINUTES, RECORDINGS AND DOCUMENTS SHALL BE MADE AVAILABLE ON THE AUTHORITY'S WEBSITE, OR OTHERWISE MADE ACCESSIBLE BY THE AUTHORITY UPON REQUEST. ALL SUCH RECORDS SHALL BE MAINTAINED AS BUSINESS RECORDS FOR A MINIMUM OF TEN YEARS. THE STATE COMPTROLLER SHALL AUDIT THE AUTHORITY AT LEAST ONCE EVERY TWO YEARS UNTIL TWO THOUSAND THIRTY TO ASCERTAIN WHETHER THE AUTHORITY IS IN COMPLIANCE WITH THE RENEWABLE ENERGY TARGETS OUTLINED IN THIS SUBDIVISION AND SUBDIVISIONS THIRTY-TWO, THIRTY-FOUR AND THIRTY- FIVE OF THIS SECTION AND WHETHER THE AUTHORITY'S SPENDING AND OPERATIONS ARE EFFECTIVELY AND EFFICIENTLY PROMOTING THE COMMON GOOD. THE MOST RECENT COMPTROLLER AUDITS SHALL ALSO BE MADE AVAILABLE ON THE AUTHORI- TY'S WEBSITE, OR OTHERWISE MADE ACCESSIBLE BY THE AUTHORITY UPON REQUEST. (E) (I) THE AUTHORITY, IN CONSULTATION WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY AND THE PUBLIC SERVICE COMMISSION, SHALL DEVELOP AND CONDUCT AN ENERGY EFFICIENCY AND ENERGY AUDIT PROGRAM TO IDENTIFY PUBLIC BUILDINGS MOST IN NEED OF RETROFITS AND EFFICIENCY MEASURES. SUCH PROGRAM SHALL PROVIDE FOR THE INSTALLATION OF RENEWABLE HEATING AND COOLING SYSTEMS, AND, WHEN FEASIBLE, OTHER GREEN BUILDING PROJECTS AS DEFINED IN SECTION 58-0101 OF THE ENVIRONMENTAL CONSERVATION LAW, IN PUBLIC HOUSING AND PUBLIC SCHOOLS BY THE YEAR TWO THOUSAND THIR- TY-FIVE, PRIORITIZING FIRST PUBLIC AFFORDABLE HOUSING AND PUBLIC SCHOOLS IN DISADVANTAGED COMMUNITIES. THE AUTHORITY SHALL HIRE AUTHORITY EMPLOY- EES OR CONTRACTORS TO PERFORM ENERGY AUDITS, RETROFITS AND OTHER EFFI- CIENCY PROGRAMS FOR THESE BUILDINGS, AND PROVIDE INCENTIVES, IN CONJUNC- TION WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, FOR ENERGY EFFICIENT APPLIANCES AND INDUCTION STOVES, AS NEEDED, TO MEET THE CLIMATE GOALS OUTLINED IN THE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT. IF THE BUILDINGS SELECTED FOR THIS PROGRAM NEED MOLD REMEDIATION MEASURES OR LEAD ABATEMENT MEASURES TO BE CARRIED OUT BEFORE ENERGY EFFICIENCY MEASURES CAN BE SAFELY IMPLEMENTED, THE AUTHORITY SHALL ALSO HIRE EMPLOYEES OR CONTRACTORS TO PERFORM LEAD ABATEMENT MEAS- URES AND/OR MOLD REMEDIATION MEASURES FOR THESE BUILDINGS. (II) THE AUTHORITY SHALL ANNUALLY POST ON ITS WEBSITE A REPORT EVALU- ATING THE ENERGY EFFICIENCY PROGRAM, INCLUDING, BUT NOT LIMITED TO, THE NUMBER OF CUSTOMERS SERVED BY THE EFFICIENCY PROGRAM, THE CUSTOMER DEMO- GRAPHICS, THE NUMBER OF RETROFITS AND ENERGY AUDITS PERFORMED, THE NUMBER OF JOBS CREATED AND EMPLOYEE DEMOGRAPHICS, AND THE AMOUNT OF ENERGY AND DOLLARS SAVED AS A RESULT OF THE PROGRAM. (III) ALL WORK SUBJECT TO THIS SUBDIVISION SHALL BE CONSIDERED PUBLIC WORK, SUBJECT TO ARTICLES EIGHT AND NINE OF THE LABOR LAW, AND SHALL UTILIZE A PROJECT LABOR AGREEMENT. FOR PURPOSES OF THIS SUBDIVISION, "PROJECT LABOR AGREEMENT" SHALL MEAN A PRE-HIRE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE AUTHORITY, OR A THIRD PARTY ON BEHALF OF THE S. 6453--B 5 AUTHORITY, AND A BONA FIDE BUILDING AND CONSTRUCTION TRADE LABOR ORGAN- IZATION ESTABLISHING THE LABOR ORGANIZATION AS THE COLLECTIVE BARGAINING REPRESENTATIVE FOR ALL PERSONS WHO WILL PERFORM WORK ON A PUBLIC WORK PROJECT, AND WHICH PROVIDES THAT ONLY CONTRACTORS AND SUBCONTRACTORS WHO SIGN A PRE-NEGOTIATED AGREEMENT WITH THE LABOR ORGANIZATION CAN PERFORM PROJECT WORK. ALL CONTRACTORS AND SUBCONTRACTORS ASSOCIATED WITH THIS WORK SHALL BE REQUIRED TO UTILIZE APPRENTICESHIP AGREEMENTS AS DEFINED BY ARTICLE TWENTY-THREE OF THE LABOR LAW. (F) THE AUTHORITY SHALL SUBMIT AN ANNUAL REPORT TO THE GOVERNOR AND TO THE LEGISLATURE WHICH SHALL BE MADE AVAILABLE TO THE PUBLIC. SUCH REPORT SHALL INCLUDE THE: (A) TEN YEAR CLIMATE AND RESILIENCY PLAN DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION; (B) AMOUNT OF ENERGY PRODUCED BY EACH FACILITY; (C) ENERGY TRANSFERRED BETWEEN FACILITIES WITHIN THE AUTHORITY; (D) ENERGY TRANSFERRED OUTSIDE OF THE AUTHORITY FOR SALE; (E) KILOWATT-HOUR SALES BY PROJECT; (F) REVENUES AND COSTS FOR EACH PROJECT FACILITY; (G) ACCUMULATED PROVISION FOR DEPRECIATION OF EACH PROJECT FACILITY; (H) FINANCIAL AND OPERATING INFORMATION OF THE ENERGY EFFICIENCY PROGRAM; (I) ENROLLMENT IN AND EFFECTIVENESS OF RENEWABLE ENERGY AUTO-ENROLL- MENT, RETROFIT, AND ENERGY EFFICIENT APPLIANCE PROGRAMS; (J) ANY PROJECTED RATE INCREASE FOR THE YEAR; AND (K) AN ANALYSIS OF THE AUTHORITY'S ACTIONS TO ENSURE THE STATE WILL MEET THE RENEWABLE ENERGY GOALS OF THE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT. 34. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ON OR AFTER JANUARY FIRST, TWO THOUSAND THIRTY, THE AUTHORITY SHALL BE THE SOLE PROVIDER OF ELECTRICITY TO ALL STATE OWNED, LEASED, CONTROLLED, OR OPERATED BUILD- INGS AND ON OR AFTER JANUARY FIRST, TWO THOUSAND THIRTY-FIVE, THE AUTHORITY SHALL BE THE SOLE PROVIDER OF ELECTRICITY TO ALL MUNICIPAL OWNED, LEASED, CONTROLLED, OR OPERATED BUILDINGS THAT USE ELECTRICITY, PROVIDED THAT THE ENERGY SUPPLY RATE OF SUCH ELECTRICITY IS LESS THAN THE ENERGY SUPPLY RATE OF THE UTILITY IN THE MUNICIPAL BUILDING'S SERVICE TERRITORY. 35. (A) THE AUTHORITY IS AUTHORIZED TO SELL OR PROVIDE RENEWABLE ENER- GY TO RESIDENTIAL END-USE CUSTOMERS AND CCA COMMUNITIES. ANY EXCESS RENEWABLE ENERGY PRODUCED BY THE AUTHORITY AND NOT USED OR STORED BY STATE OR MUNICIPAL OWNED OR LEASED BUILDINGS SHALL BE SOLD DIRECTLY TO LOW-TO-MODERATE INCOME HOUSEHOLDS FIRST, PRIORITIZING LOW-TO-MODERATE INCOME HOUSEHOLDS IN DISADVANTAGED COMMUNITIES, AND AT A RATE THAT IS FIFTY PERCENT LESS THAN THE ENERGY SUPPLY RATE OF THE UTILITY IN THE CUSTOMER'S SERVICE TERRITORY. ANY REMAINING EXCESS RENEWABLE ENERGY PRODUCED BY THE AUTHORITY SHALL BE SOLD TO RESIDENTIAL END-USE CUSTOMERS OR CCA'S AT THE WHOLESALE COST. THIS SUBDIVISION SHALL NOT INTERFERE WITH THE AUTHORITY'S EXISTING RECHARGE NEW YORK POWER PROGRAM OR ANY OTHER POWER ALLOCATION PROGRAM MANAGED BY THE AUTHORITY AS OF THE EFFEC- TIVE DATE OF THIS SUBDIVISION. FOR THE PURPOSES OF THIS PARAGRAPH, THE TERM "LOW-TO-MODERATE INCOME HOUSEHOLDS" SHALL MEAN HOUSEHOLDS WITH ANNUAL INCOMES AT OR BELOW EIGHTY PERCENT OF THE AREA MEDIAN INCOME OF THE COUNTY OR METRO AREA WHERE THEY RESIDE. (B) WITHIN THREE YEARS FOLLOWING THE EFFECTIVE DATE OF THIS SUBDIVI- SION, THE AUTHORITY'S TRUSTEES, IN CONSULTATION WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY'S REGIONAL CLEAN ENERGY HUBS, S. 6453--B 6 SHALL DEVELOP A PROGRESSIVE RATE STRUCTURE BASED ON INCOME AND ENERGY USAGE TO BE OFFERED TO END-USE CUSTOMERS AND CCA COMMUNITIES. (C) THE AUTHORITY SHALL WORK WITH THE OFFICE OF TEMPORARY AND DISABIL- ITY ASSISTANCE TO ASSIST LOW-INCOME CUSTOMERS TO ACCESS THE LOW INCOME HOME ENERGY ASSISTANCE PROGRAM AND OTHER UTILITY BENEFITS AND SHALL OFFER DEFERRED PAYMENT AGREEMENT PAYMENT PLANS FOR CUSTOMERS THAT FALL INTO ARREARS. (D) THE AUTHORITY IS AUTHORIZED TO SELL UP TO THIRTY PERCENT OF THE ELECTRICITY THAT IT PROVIDES TO RESIDENTIAL AND COMMERCIAL CUSTOMERS TO CUSTOMERS OF THE LONG ISLAND POWER AUTHORITY, ESTABLISHED UNDER TITLE ONE-A OF THIS ARTICLE, AND THE LONG ISLAND POWER AUTHORITY IS AUTHORIZED TO PURCHASE THIS POWER. 36. ALL NEW RENEWABLE ENERGY PROJECTS SUBJECT TO THIS SECTION SHALL BE CONSIDERED PUBLIC WORK, SUBJECT TO ARTICLES EIGHT AND NINE OF THE LABOR LAW AND SHALL UTILIZE A PROJECT LABOR AGREEMENT. FOR PURPOSES OF THIS SUBDIVISION, "PROJECT LABOR AGREEMENT" SHALL MEAN A PRE-HIRE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE AUTHORITY, OR A THIRD PARTY ON BEHALF OF THE AUTHORITY, AND A BONA FIDE BUILDING AND CONSTRUCTION TRADE LABOR ORGANIZATION ESTABLISHING THE LABOR ORGANIZATION AS THE COLLECTIVE BARGAINING REPRESENTATIVE FOR ALL PERSONS WHO WILL PERFORM WORK ON A PUBLIC WORK PROJECT, AND WHICH PROVIDES THAT ONLY CONTRACTORS AND SUBCONTRACTORS WHO SIGN A PRE-NEGOTIATED AGREEMENT WITH THE LABOR ORGAN- IZATION CAN PERFORM PROJECT WORK. ALL CONTRACTORS AND SUBCONTRACTORS ASSOCIATED WITH THIS WORK SHALL BE REQUIRED TO UTILIZE APPRENTICESHIP AGREEMENTS AS DEFINED BY ARTICLE TWENTY-THREE OF THE LABOR LAW. 37. THE AUTHORITY, IN CONSULTATION WITH LABOR ORGANIZATIONS, SHALL DEVELOP A COMPREHENSIVE PLAN TO TRANSITION, TRAIN, OR RETRAIN EMPLOYEES THAT ARE IMPACTED BY THE NEW YORK STATE BUILD PUBLIC RENEWABLES ACT, AND SHALL ESTABLISH AND CONTRIBUTE TO A JUST TRANSITION FUND THAT SHALL MAKE FUNDING AVAILABLE FOR WORKER TRANSITION AND RETRAINING. 38. THE AUTHORITY SHALL INCLUDE REQUIREMENTS IN ANY PROCUREMENT OR DEVELOPMENT OF A RENEWABLE ENERGY PROJECT, AS DEFINED IN SUBDIVISION THIRTY OF THIS SECTION, THAT THE COMPONENTS AND PARTS SHALL BE SUPPLIED WITH EQUIPMENT PRODUCED OR MADE IN WHOLE OR SUBSTANTIAL PART IN THE UNITED STATES, ITS TERRITORIES OR POSSESSIONS. THE AUTHORITY'S TRUSTEES, IN CONSULTATION WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, MAY WAIVE THE PROCUREMENT AND DEVELOPMENT REQUIREMENTS SET FORTH IN THIS SUBDIVISION IF THE TRUSTEES DETERMINE THAT: THE REQUIRE- MENTS WOULD NOT BE IN THE PUBLIC INTEREST; THE REQUIREMENTS WOULD RESULT IN UNREASONABLE COSTS; OBTAINING SUCH INFRASTRUCTURE COMPONENTS AND PARTS IN THE UNITED STATES WOULD INCREASE THE COST OF A RENEWABLE ENERGY PROJECT BY AN UNREASONABLE AMOUNT; OR SUCH COMPONENTS OR PARTS CANNOT BE PRODUCED, MADE, OR ASSEMBLED IN THE UNITED STATES IN SUFFICIENT AND REASONABLY AVAILABLE QUANTITIES OR OF SATISFACTORY QUALITY. SUCH DETER- MINATION MUST BE MADE ON AN ANNUAL BASIS NO LATER THAN DECEMBER THIRTY- FIRST AFTER PROVIDING NOTICE AND AN OPPORTUNITY FOR PUBLIC COMMENT, AND BE MADE PUBLICLY AVAILABLE, IN WRITING, ON THE AUTHORITY'S WEBSITE WITH A DETAILED EXPLANATION OF THE FINDINGS LEADING TO SUCH DETERMINATION. IF THE AUTHORITY'S TRUSTEES HAVE ISSUED DETERMINATIONS FOR THREE CONSEC- UTIVE YEARS THAT NO SUCH WAIVER IS WARRANTED PURSUANT TO THIS SUBDIVI- SION, THEN THE AUTHORITY SHALL NO LONGER BE REQUIRED TO PROVIDE THE ANNUAL DETERMINATION REQUIRED BY THIS SUBDIVISION. 39. THE AUTHORITY SHALL WORK WITH EXISTING WORKFORCE DEVELOPMENT PROGRAMS, UNION APPRENTICESHIP PROGRAMS, AND REGIONAL COMMUNITY ENERGY HUBS TO PUBLISH A REPORT ON THE WAYS THAT THE CONSTRUCTION OF RENEWABLE PROJECTS CAN BEST SUPPORT THE DEVELOPMENT OF SKILLED, WELL PAID LOCAL S. 6453--B 7 WORKFORCES IN THE RENEWABLE ENERGY SECTOR, AND SHALL PROVIDE FINANCIAL SUPPORT THROUGH THE JUST TRANSITION FUND ESTABLISHED PURSUANT TO SUBDI- VISION THIRTY-SEVEN OF THIS SECTION FOR PRE-APPRENTICESHIP PROGRAMS THROUGH LOCAL COMMUNITY BASED ORGANIZATIONS THAT WORK WITH DISADVANTAGED COMMUNITIES AND UNION RUN WORKFORCE DEVELOPMENT INSTITUTIONS, WHERE THIS SUPPORT IS FOUND TO BE NECESSARY TO THE EFFECTIVE DEVELOPMENT OF THIS WORKFORCE ACCORDING TO THE REPORT. 40. FOR ENERGY PROJECTS THAT THE AUTHORITY BUILDS ON PROPERTIES OF THE NEW YORK CITY HOUSING AUTHORITY, INCLUDING HEAT PUMP INSTALLATIONS, RETROFITS, WEATHERIZATION MEASURES, AND LEAD, MOLD, AND ASBESTOS REMEDI- ATION, BOTH THE AUTHORITY AND ITS CONTRACTORS SHALL PRIORITIZE HIRING RESIDENTS OF THESE PROPERTIES, PROVIDED THAT RESIDENTS MEET CONSIDER- ATIONS OF AVAILABILITY, INTEREST, SKILL LEVEL AND TRAINING. NO PROVISIONS OF THIS SUBDIVISION SHALL ALTER THE STATUS OF ANY SECTION 9 HOUSING. THE AUTHORITY SHALL CONSULT THE RESIDENTS OR OCCUPANTS OF ALL PUBLIC BUILDINGS WHERE THE AUTHORITY IS BUILDING PROJECTS TO ASSESS THEIR NEEDS AND MINIMIZE DISRUPTION, NUISANCE, PUBLIC HEALTH RISKS, AND DISPLACEMENT DURING ANY REMEDIATION, RETROFIT, WEATHERIZATION, HEAT PUMP INSTALLATIONS, OR OTHER CONSTRUCTION THE AUTHORITY OR ITS CONTRACTORS PERFORM. ALL WORK SUBJECT TO THIS SUBDIVISION SHALL BE CONSIDERED PUBLIC WORK, SUBJECT TO ARTICLES EIGHT AND NINE OF THE LABOR LAW, AND SHALL UTILIZE A PROJECT LABOR AGREEMENT. FOR PURPOSES OF THIS SUBDIVI- SION, "PROJECT LABOR AGREEMENT" SHALL MEAN A PRE-HIRE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE AUTHORITY, OR A THIRD PARTY ON BEHALF OF THE AUTHORITY, AND A BONA FIDE BUILDING AND CONSTRUCTION TRADE LABOR ORGANIZATION ESTABLISHING THE LABOR ORGANIZATION AS THE COLLECTIVE BARGAINING REPRESENTATIVE FOR ALL PERSONS WHO WILL PERFORM WORK ON A PUBLIC WORK PROJECT, AND WHICH PROVIDES THAT ONLY CONTRACTORS AND SUBCONTRACTORS WHO SIGN A PRE-NEGOTIATED AGREEMENT WITH THE LABOR ORGAN- IZATION CAN PERFORM PROJECT WORK. ALL CONTRACTORS AND SUBCONTRACTORS ASSOCIATED WITH THIS WORK SHALL BE REQUIRED TO UTILIZE APPRENTICESHIP AGREEMENTS AS DEFINED BY ARTICLE TWENTY-THREE OF THE LABOR LAW. 41. (A) NOTHING IN THE NEW YORK STATE BUILD PUBLIC RENEWABLES ACT SHALL ALTER THE RIGHTS OR BENEFITS, AND PRIVILEGES, INCLUDING, BUT NOT LIMITED TO TERMS AND CONDITIONS OF EMPLOYMENT, CIVIL SERVICE STATUS, AND COLLECTIVE BARGAINING UNIT MEMBERSHIP, OF ANY CURRENT EMPLOYEES OF THE AUTHORITY. (B) NOTHING IN THE NEW YORK STATE BUILD PUBLIC RENEWABLES ACT SHALL RESULT IN: (I) THE DISCHARGE, DISPLACEMENT, OR LOSS OF POSITION, INCLUD- ING PARTIAL DISPLACEMENT SUCH AS A REDUCTION IN THE HOURS OF NON-OVER- TIME WORK, WAGES, OR EMPLOYMENT BENEFITS; (II) THE IMPAIRMENT OF EXIST- ING COLLECTIVE BARGAINING AGREEMENTS; (III) THE TRANSFER OF EXISTING DUTIES AND FUNCTIONS; OR (IV) THE TRANSFER OF FUTURE DUTIES AND FUNC- TIONS, OF ANY CURRENTLY EMPLOYED WORKER IMPACTED BY THIS ACT WHO AGREES TO BE RETRAINED. 42. THE AUTHORITY SHALL ENTER INTO A MEMORANDUM OF UNDERSTANDING FOR THE OPERATION AND MAINTENANCE OF A RENEWABLE ENERGY PROJECT DEVELOPED PURSUANT TO THE NEW YORK STATE BUILD PUBLIC RENEWABLES ACT WITH A BONA FIDE LABOR ORGANIZATION OF JURISDICTION THAT IS ACTIVELY ENGAGED IN REPRESENTING TRANSITIONING EMPLOYEES FROM NON-RENEWABLE GENERATION FACILITIES. THE MEMORANDUM SHALL ONLY APPLY TO THE EMPLOYEES NECESSARY FOR THE MAINTENANCE AND OPERATION OF SUCH RENEWABLE ENERGY GENERATION PROJECTS. SUCH MEMORANDUM SHALL CONTAIN BUT NOT BE LIMITED TO SAFETY AND TRAINING STANDARDS, DISASTER RESPONSE MEASURES, GUARANTEED HOURS, STAFF- ING LEVELS, PAY RATE PROTECTION AND RETRAINING PROGRAMS. THE EMPLOYEES ELIGIBLE FOR THESE POSITIONS SHALL FIRST BE SELECTED FROM AND OFFERED TO S. 6453--B 8 A POOL OF TRANSITIONING WORKERS WHO HAVE LOST THEIR EMPLOYMENT OR WILL BE LOSING THEIR EMPLOYMENT IN THE NON-RENEWABLE ENERGY GENERATION SECTOR. SUCH LIST OF POTENTIAL EMPLOYEES WILL BE PROVIDED BY AFFECTED UNIONS AND PROVIDED TO THE DEPARTMENT OF LABOR. THE DEPARTMENT OF LABOR SHALL UPDATE AND PROVIDE SUCH LIST TO THE AUTHORITY NINETY DAYS PRIOR TO PURCHASE, ACQUISITION, AND/OR CONSTRUCTION OF ANY PROJECT UNDER THE NEW YORK STATE BUILD PUBLIC RENEWABLES ACT. § 3. Section 1003 of the public authorities law, as amended by chapter 766 of the laws of 2005, is amended to read as follows: § 1003. Trustees. 1. The authority shall consist of [seven] SEVENTEEN trustees, five of whom shall serve respectively for terms of one, two, three, four and five years, to be appointed by the governor, by and with the advice and consent of the senate. The sixth and seventh trustees shall be appointed by the governor, by and with the advice and consent of the senate, and shall serve initial terms of one and two years respectively. ALL OTHER TRUSTEES SHALL BE APPOINTED AS FOLLOWS: TWO BY THE GOVERNOR, FOUR BY THE TEMPORARY PRESIDENT OF THE SENATE, AND FOUR BY THE SPEAKER OF THE ASSEMBLY, AND SHALL PROPORTIONALLY BE SELECTED FROM LABOR UNION REPRESENTATIVES THAT REPRESENT BOTH EMPLOYEES OF THE AUTHOR- ITY AND EMPLOYEES OF CONSTRUCTION CONTRACTORS OF THE AUTHORITY, ENVIRON- MENTAL JUSTICE ADVOCATES, COMMUNITY RENEWABLE ENERGY ADVOCATES, CONSUMER ADVOCATES, AND BUILDING ELECTRIFICATION AND ENERGY EFFICIENCY EXPERTS. FOR ANY APPOINTMENT AND VACANT TRUSTEE POSITION, THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY'S CLEAN ENERGY HUBS SHALL SELECT QUALIFIED CANDIDATES THAT SHALL BE GIVEN REASONABLE CONSIDERATION FOR AN APPOINTMENT AS TRUSTEE BY THE GOVERNOR, SENATE, AND ASSEMBLY. Each trustee shall hold office until a successor has been appointed and qualified OR UNTIL REMOVED BY A MAJORITY VOTE OF THE LEGISLATURE OR THE GOVERNOR. At the expiration of the term of each trustee and of each succeeding trustee [the governor shall, by and with the advice and consent of the senate, appoint a successor, who shall hold office for a term of five years, or until a successor has been appointed and quali- fied. In the event of a vacancy occurring in the office of the trustee by death, resignation or otherwise, the governor shall, by and with the advice and consent of the senate, appoint a successor, who shall hold office for the unexpired term. Four trustees shall constitute a quorum for the purpose of organizing the authority and conducting the business thereof.], OR THE EVENT OF A VACANCY OCCURRING IN THE OFFICE OF THE TRUSTEE BY DEATH, RESIGNATION OR OTHERWISE, THE ORIGINAL ENTITIES WHO APPOINTED THAT TRUSTEE SHALL APPOINT A SUCCESSOR, AFTER CONSIDERATION OF CLEAN ENERGY HUB CANDIDATES, WHO SHALL HOLD OFFICE FOR THE UNEXPIRED TERM. NINE TRUSTEES SHALL CONSTITUTE A QUORUM FOR THE PURPOSE OF ORGAN- IZING THE AUTHORITY AND CONDUCTING THE BUSINESS THEREOF. ANY AUTHORITY TRUSTEE OR BOARD MEMBER MAY BE TERMINATED BY EITHER A MAJORITY VOTE OF THE SENATE OR ASSEMBLY, OR BY THE GOVERNOR. REASONS FOR TERMINATION MAY INCLUDE, BUT ARE NOT LIMITED TO: FAILURE TO MEET THE RENEWABLE ENERGY TARGETS OUTLINED IN THIS BILL; CONFLICTS OF INTEREST; FAILURE TO PRIOR- ITIZE CLIMATE JUSTICE, ENVIRONMENTAL JUSTICE, OR ECONOMIC JUSTICE IN THE AUTHORITY'S OPERATIONS; SEXUAL ASSAULT OR HARASSMENT; OR CORRUPTION. 2. The trustee chosen as chairman as provided in section one thousand four of this title, shall receive an annual salary which shall be set by the trustees of the authority, and which shall not exceed the salary prescribed for the positions listed in paragraph (f) of subdivision one of section one hundred sixty-nine of the executive law. [Each other trustee shall not receive a salary or other compensation.] Each trustee shall receive his or her reasonable expenses in the performance of his S. 6453--B 9 or her duties hereunder. The trustee chosen as chairman may elect to become a member of the New York state and local employees' retirement system on the basis of such compensation to which he or she shall be entitled as herein provided notwithstanding the provisions of any gener- al, special or local law, municipal charter, or ordinance. § 4. Nothing in this act is intended to limit, impair, or affect the legal authority of the power authority of the state of New York under any other provision of title 1 of article 5 of the public authorities law. § 5. No section of this act or any action required to be taken under this act shall be delayed or made contingent upon the completion of the plan required by subdivision 33 of section 1005 of the public authori- ties law, as added by section two of this act. § 6. Severability clause. If any clause, sentence, paragraph, subdi- vision, or section of this act shall be adjudged by any court of compe- tent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its opera- tion to the clause, sentence, paragraph, subdivision, or section thereof directly involved in the controversy in which such judgment 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. § 7. This act shall take effect immediately.
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See Assembly Version of this Bill: A1466 Current Committee: Assembly Ways And Means Law Section: Public Authorities Law Laws Affected: Amd §§1005 & 1003, Pub Auth L Versions Introduced in Other Legislative Sessions: 2019-2020: S7232, A8938
2023-2024: S4134, A279
Implements the "New York State Build Public Renewables Act"; requires the New York power authority to provide only renewable energy and power to customers; requires such authority to be the sole provider of energy to all state owned and municipal properties; requires certain New York power authority projects and programs pay a prevailing wage and utilize project labor agreements.
BILL NUMBER: S6453C SPONSOR: PARKER TITLE OF BILL: An act to amend the public authorities law, in relation to implementing the "New York State Build Public Renewables Act" PURPOSE OR GENERAL IDEA OF BILL: To enable the New York Power Authority (NYPA) to own and build new renewable energy generation, storage, and transmission, to provide renewable energy to all State owned property by 2030 and municipal prop- erty by 2035, and lay the groundwork for the 100% renewable, democrat- ically controlled, publicly owned energy system New York needs in order to meet the goals of the landmark Climate Leadership and Community Protection Act and lead the nation on climate. SUMMARY OF PROVISIONS: Section 1 establishes the New York State Build Public Renewables Act.
Section 2 amends Section 1005 of the public authorities law by adding new subdivisions 30 through 42. Subdivision 30 gives the New York Power Authority the authority and directive to purchase, acquire, plan, design, engineer, finance, construct, operate, manage, improve and maintain any renewable energy project. This subdivision also defines the terms "renewable energy" and "renewable energy project." Subdivision 31 authorizes NYPA to participate in federal lease auctions for renewable energy development. Subdivision 32 directs NYPA to phase out its fossil-fuel fired power plants by 2030 and to only generate renewable energy thereafter. The authority may submit to its trustees an attestation in writing, signed by the New York Independent System Operator and a representative of the NYSERDA regional clean energy hub where such facility is located, iden- tifying a reliability need to keep such facility in operation. NYPA must ensure that the phase out of its existing fossil-fuel fired power plants does not lead to an increase in non-renewable energy imports from out of state. The subdivision establishes that NYPA shall prioritize the siting and building of renewable energy projects which (i) actively benefit disadvantaged communities, (ii) minimize harm to wildlife, ecosystems, and public health and safety, (iii) does not violate indigenious rights or sovereignty, and(iv) are cost effective to the state. Subdivision 33 directs NYPA to develop a 10-year climate and resiliency plan within 2 years. The plan shall be designed to minimize costs to ratepayers, while balancing interests of employees, grid resiliency and reliability, and disadvantaged communities. The plan must identify the renewable energy projects that NYPA plans to build, how the authority plans to phase out its fossil-fuel fired generation, and any efforts to improve grid resiliency and reliability. The climate and resiliency plan must be updated annually and identify the progress towards meeting the CLCPA goals and what projects that NYPA must undertake to enable the state to meet those goals. NYPA must hold eight public hearings related to the development of the climate and resiliency plan. This subdivision also requires NYPA to develop a democratization plan within 2 years in partnership with community organizations with experience working on energy democracy and implementation issues. This subdivision also requires NYPA, in consultation with NYSERDA and the Public Service Commission, to develop and implement an energy efficiency and energy audit program to identify public buildings most in need of retrofits and energy efficiency measures. The authority shall annually post on its website a report evaluating the energy efficiency program. All works subject to this subdivision will be considered public work subject to prevailing wage and project labor agreements. Subdivision 34 directs NYPA to be the sole provider of electricity to all state owned, leased, controlled or operated buildings by 2030 and all municipal owned, leased, controlled or operated buildings by 2035, so long as NYPA's energy supply rate is less than the local utility energy supply rate. Subdivision 35 authorizes NYPA to sell renewable energy to residential end-use customers and Community Choice Aggregation communities. NYPA must sell any excess renewable energy not used for state or municipal buildings to low-to-moderate (LMI) income customers first, at a rate that is fifty percent less than the energy supply rate of the local utility in the customer's service territory. LMI customers in disadvan- taged communities are to be prioritized. Within 3 years NYPA must devel- op a progressive rate structure based on income and energy usage to be offered to residential end-use customers and CCA communities, and shall work with the Office of Temporary and Disability Assistance to sign up low-income customers to the Home Energy Assistance Program (HEAP) and other utility benefit programs. Subdivision 36 requires that all renewable energy projects are to be considered public work subject to prevailing wage and project labor agreements. Subdivision 37 requires NYPA to develop in consultation with labor organizations a transition, training or retraining plan for impacted employees and shall establish a just transition fund for worker transi- tioning and retraining. Subdivision 38 establishes a Buy American requirement for the procure- ment of any components or parts used in the building of renewable energy projects. Such a requirement may be waived by NYPA's trustees if the requirement is not in the public interest, would result in unreasonable costs, or the components or parts are not manufactured in the United States in sufficient quantity or quality. Section 39 directs NYPA to work with existing workforce development programs, union apprenticeship programs, and the regional community clean energy hubs to publish a report on the ways that construction of renewable energy projects can support a skilled and well paid local workforce. Section 40 directs NYPA to prioritize the hiring of residents at any NYCHA property where renewable heating and cooling, retorifts, weatheri- zation, or any other project is undertaken by the Authority. The subdi- vision also creates a consulting, process to work with residents of these properties to assess their needs and minimize disruption and impacts to public health. Section 41 creates employee protections. Section 42 directs NYPA to enter into a memorandum of understanding for the operation and maintenance of renewable energy projects built pursu- ant to the Act with a labor organization that is engaged in representing transitioning workers. The memorandum must identify that transitioning workers shall have priority access to the operations and maintenance jobs at such renewable energy projects. Section 3 adds ten trustees to the Board of NYPA, two to be appointed by the Governor, four by the Temporary President of the Senate, and four by the Speaker of the Assembly. The trustees must proportionally be selected from labor union representatives, environmental justice advo- cates, community renewable energy advocates, consumer advocates, and building electrification and energy efficiency experts. Reasonable consideration must be given to candidates proposed by NYSERDA's regional clean energy hubs. The section also creates a mechanism to remove trus- tees by the governor, a majority vote of the legislature or removal for cause. JUSTIFICATION: With the passage of the landmark Climate Leadership and Community Protection Act in 2019, New York has committed to moving away from nonrenewable energy generation and relying entirely on renewable sourc- es. In order to achieve this, New York needs capable public ownership of its energy generation, transmission and distribution. Currently, NYPA is only able to own, build or maintain a small number of new renewable energy generation projects. This bill will give them the power to build renewable energy projects at the scale needed to ensure that our transi- tion to renewable energy is in capable hands. It will enable NYPA to fully power State and municipal properties with renewable energy by 2030 and 2035 respectively, an important step in minimizing our carbon foot- print. NYPA will be able to sell renewable energy directly to residen- tial end-use customers, and low-income customers' rate will be less than the rate of their current utility. This bill will also create new green jobs, as well as helping people who previously worked in non-renewable energy to transition to new jobs in sustainable energy. All employees will be paid a prevailing wage and be subject to project labor agree- ments. New York needs to provide good jobs for people in a growing indus- try.NYPA is the largest publicly owned utility in the country and has proven itself by providing the most affordable energy in New York State. This bill will put the massive and important prospect of converting our electrical grid to renewable energy and delivering on the climate and equity goals of the CLCPA in capable hands. PRIOR LEGISLATIVE HISTORY: 2019-20: S7232 - Referred to Energy and Telecommunications FISCAL IMPLICATIONS: None EFFECTIVE DATE: This act shall take effect immediately.
S T A T E O F N E W Y O R K ________________________________________________________________________ 6453--C 2021-2022 Regular Sessions I N S E N A T E April 29, 2021 ___________ Introduced by Sens. PARKER, SALAZAR, ADDABBO, BAILEY, BIAGGI, BRESLIN, BRISPORT, CLEARE, GIANARIS, GOUNARDES, HARCKHAM, HINCHEY, HOYLMAN, JACKSON, KAVANAGH, KRUEGER, LIU, MAY, MYRIE, RAMOS, RIVERA, SANDERS, SEPULVEDA, SERRANO, SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommu- nications -- recommitted to the Committee on Energy and Telecommuni- cations in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public authorities law, in relation to implementing the "New York State Build Public Renewables Act" 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 "New York State Build Public Renewables Act". § 2. Section 1005 of the public authorities law is amended by adding fourteen new subdivisions 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, and 43 to read as follows: 30. (A) THE AUTHORITY IS AUTHORIZED AND DIRECTED TO PURCHASE, ACQUIRE, PLAN, DESIGN, ENGINEER, FINANCE, CONSTRUCT, OPERATE, MANAGE, IMPROVE AND/OR MAINTAIN ANY RENEWABLE ENERGY PROJECT. (B) FOR THE PURPOSES OF THIS SUBDIVISION AND SUBDIVISIONS THIRTY-ONE, THIRTY-TWO, THIRTY-THREE, THIRTY-FOUR, THIRTY-FIVE, THIRTY-SIX, THIRTY- SEVEN, THIRTY-EIGHT, THIRTY-NINE, FORTY, FORTY-ONE, FORTY-TWO AND FORTY-THREE OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW- ING MEANINGS: (I) "RENEWABLE ENERGY" SHALL HAVE THE SAME MEANING AS RENEWABLE ENERGY SYSTEMS AS SET FORTH IN SECTION SIXTY-SIX-P OF THE PUBLIC SERVICE LAW. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05455-21-2
S. 6453--C 2 (II) "RENEWABLE ENERGY PROJECT" SHALL BE DEFINED AS ALL INFRASTRUCTURE WHICH GENERATES, STORES, DISTRIBUTES OR TRANSMITS RENEWABLE ENERGY OR THERMAL ENERGY AS DEFINED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH, AND INCLUDES THE CONSTRUCTION, INSTALLATION AND/OR OPERATION OF ANCILLARY FACILITIES OR EQUIPMENT DONE IN CONNECTION WITH ANY SUCH RENEWABLE ENER- GY GENERATING PROJECTS, INCLUDING, BUT NOT LIMITED TO, ENERGY STORAGE SYSTEMS, ELECTRIC VEHICLE CHARGING INFRASTRUCTURE AND OFFSHORE WIND SUPPORT AND INSTALLATION VESSELS OWNED BY THE AUTHORITY, AND THE PRODUCTION, USE, AND SALE OF GREEN HYDROGEN DEFINED AS HYDROGEN PRODUCED THROUGH ELECTROLYSIS POWERED USING ONE HUNDRED PERCENT RENEWABLE ENERGY. 31. WHERE A RENEWABLE ENERGY SITE APPROPRIATE FOR NEW YORK STATE FALLS INTO FEDERAL JURISDICTION, THE AUTHORITY MAY PARTICIPATE IN LEASE AUCTIONS IN AN ATTEMPT TO OBTAIN OWNERSHIP OF THAT AREA. 32. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE AUTHORITY SHALL, ON OR AFTER JANUARY FIRST, TWO THOUSAND THIRTY, ONLY GENERATE RENEWABLE ENERGY AND SHALL ONLY PURCHASE, ACQUIRE, PLAN, DESIGN, ENGI- NEER, FINANCE, AND CONSTRUCT GENERATION AND TRANSMISSION FACILITIES FOR THE PURPOSE OF GENERATING, STORING, DISTRIBUTING AND TRANSMITTING RENEW- ABLE ENERGY. THE AUTHORITY SHALL PHASE OUT ITS USE OF EXISTING NON-RE- NEWABLE GENERATION NO LATER THAN DECEMBER THIRTIETH, TWO THOUSAND THIR- TY, UNLESS THE AUTHORITY PROVIDES TO ITS TRUSTEES, AND MAKES PUBLICLY AVAILABLE, AN ATTESTATION IN WRITING, SIGNED BY THE INDEPENDENT SYSTEM OPERATOR AND A REPRESENTATIVE OF THE REGIONAL CLEAN ENERGY HUB IN WHICH THE FACILITY IS LOCATED, IDENTIFYING THE EXISTENCE OF A RELIABILITY NEED. THE AUTHORITY SHALL WORK WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY TO PROVIDE ANY FUNDING NECESSARY FOR A REGIONAL CLEAN ENERGY HUB TO MEET THE NEEDS OF THIS SUBDIVISION. THE AUTHORITY, IN CONSULTATION WITH THE INDEPENDENT SYSTEM OPERATOR, SHALL ENSURE THAT THE PHASE OUT OF ITS EXISTING NON-RENEWABLE GENERATION DOES NOT LEAD TO AN INCREASE IN THE DELIVERY OF OUT-OF-STATE NON-RENEWABLE GENERATION INTO THE NEW YORK STATE ELECTRIC GRID. FOR THE PURPOSES OF THIS SUBDIVISION, A "RELIABILITY NEED" MEANS AN ELECTRICITY SYSTEM NEED, WHICH IF UNMET, WOULD RESULT IN A VIOLATION OF THE ELECTRIC POWER SYSTEM PLANNING AND OPERATING POLICIES, STANDARDS, CRITERIA, GUIDELINES, PROCE- DURES, AND RULES PROMULGATED BY THE NORTH AMERICAN ELECTRIC RELIABILITY CORPORATION ("NERC"), NORTHEAST POWER COORDINATING COUNCIL ("NPCC"), AND THE NEW YORK STATE RELIABILITY COUNCIL ("NYSRC"), AS THEY MAY BE AMENDED FROM TIME TO TIME. (B) THE AUTHORITY SHALL PRIORITIZE FUNDING, SITING, BUILDING, AND OWNING RENEWABLE ENERGY PROJECTS WHICH: (I) ACTIVELY BENEFIT DISADVAN- TAGED COMMUNITIES AS DEFINED BY THE CLIMATE JUSTICE WORKING GROUP; (II) MINIMIZE HARM TO WILDLIFE, ECOSYSTEMS, PUBLIC HEALTH, AND PUBLIC SAFETY; (III) DO NOT VIOLATE INDIGENOUS RIGHTS OR SOVEREIGNTY; AND (IV) WHICH ARE THE MOST COST-EFFECTIVE TO THE STATE ACCORDING TO THE BEST AVAILABLE COST MODELING RESEARCH. THE TYPES OF RENEWABLE ENERGY PROJECTS THE AUTHORITY BUILDS SHALL BE DETERMINED AND PRIORITIZED IN CONSULTATION WITH AFFECTED LABOR UNIONS AND COMMUNITY ORGANIZATIONS VIA THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY'S REGIONAL CLEAN ENERGY HUBS. 33. (A) WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SUBDIVISION, THE AUTHORITY SHALL MAKE PUBLIC A TEN-YEAR CLIMATE AND RESILIENCY PLAN. SUCH CLIMATE AND RESILIENCY PLAN SHALL BE DESIGNED TO MINIMIZE COSTS TO RATEPAYERS, WHILE BALANCING THE INTERESTS OF EMPLOYEES, GRID RELIABILITY AND RESILIENCY, DISADVANTAGED COMMUNITIES AS DEFINED BY THE CLIMATE JUSTICE WORKING GROUP, AND THE ENVIRONMENT. SUCH PLAN SHALL BE DEVELOPED IN CONSULTATION WITH THE NEW YORK STATE INDEPENDENT SYSTEM OPERATOR, S. 6453--C 3 THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, THE NEW YORK STATE DEPARTMENT OF PUBLIC SERVICE, AND CLIMATE AND RESILIENCY EXPERTS, LABOR ORGANIZATIONS, ENVIRONMENTAL JUSTICE COMMUNITIES, RESI- DENTIAL AND SMALL BUSINESS RATEPAYER ADVOCATES, AND COMMUNITY ORGANIZA- TIONS VIA THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORI- TY'S REGIONAL CLEAN ENERGY HUBS. SUCH RESILIENCY PLAN SHALL OUTLINE THE RENEWABLE ENERGY PROJECTS THE AUTHORITY PLANS TO BUILD, HOW THE AUTHORI- TY PLANS TO PHASE OUT NON-RENEWABLE ASSETS AND HOW THE AUTHORITY PLANS TO COMPLY WITH THE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT AND THE RENEWABLE ENERGY TARGETS IN SUBDIVISIONS THIRTY-TWO AND THIRTY-FOUR OF THIS SECTION, AND EFFORTS TO IMPROVE ENERGY AND ELECTRIC GRID RESILI- ENCY. THE AUTHORITY SHALL UPDATE SUCH PLAN ANNUALLY, AFTER PUBLIC COMMENT AND A HEARING. SUCH UPDATED PLAN SHALL INCLUDE A REVIEW OF THE STATE'S PROGRESS TOWARDS THE RENEWABLE ENERGY GOALS OF THE CLIMATE LEAD- ERSHIP AND COMMUNITY PROTECTION ACT. IF THE AUTHORITY, IN CONSULTATION WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, DETERMINES THAT THE RENEWABLE ENERGY GOALS OF THE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT ARE NOT LIKELY TO BE MET WITHIN THE TIMEFRAME ESTABLISHED BY THE LAW, THE AUTHORITY SHALL INCLUDE IN THE UPDATED PLAN THE RENEWABLE ENERGY PROJECTS IT PLANS TO BUILD TO ENSURE THE STATE MEETS SUCH GOALS, INCLUDING THE PERMIT APPLICATIONS SUBMITTED, THE STAGE OF EACH PROJECT IN THE DEVELOPMENT PROCESS, WHEN SUCH PROJECTS ARE EXPECTED TO BE COMMISSIONED, AND ANY BARRIERS TO DEPLOYMENT EXPERIENCED BY THE AUTHORITY. IF THE AUTHORITY HAS IDENTIFIED A RELIABILITY NEED TO MAINTAIN ITS EXISTING NON-RENEWABLE GENERATION PURSUANT TO SUBDIVISION THIRTY-TWO OF THIS SECTION, THE AUTHORITY SHALL IDENTIFY IN THE ANNUAL REPORT THE RENEWABLE ENERGY PROJECT, ENERGY STORAGE PROJECT, TRANS- MISSION OR DISTRIBUTION INFRASTRUCTURE, DEMAND RESPONSE, OR OTHER SUCH PROJECT OR PROJECTS THAT THE AUTHORITY, OR ANOTHER ENTITY, ONLY IF SUCH ENTITY HAS OBTAINED ALL THE NECESSARY PERMITS AND HAS BEGUN CONSTRUCTION, PLANS TO DEVELOP TO MEET THE RELIABILITY NEED. (B) WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SUBDIVISION, THE AUTHORITY SHALL MAKE PUBLIC A DEMOCRATIZATION PLAN, WITH A MANDATE TO IMPLEMENT THE PLAN WITHIN TWO YEARS OF ITS COMPLETION. SUCH PLAN SHALL BE CREATED IN PARTNERSHIP WITH, AND CODESIGNED WITH, A STATEWIDE ALLI- ANCE OF COMMUNITY ORGANIZATIONS WITH AT LEAST FIVE YEARS' HISTORY OF WORKING ON ENERGY DEMOCRACY AND IMPLEMENTATION ISSUES, PROVIDING FUNDING FOR THIS ALLIANCE AS NECESSARY FOR THEIR PARTICIPATION IN THE COMPLETION OF THE PLAN. SUCH PLAN SHALL ENSURE THAT THE SCALE UP OF RENEWABLE BUILD OUT ACROSS THE STATE OCCURS IN LINE WITH THE PRINCIPLES OF ENERGY DEMOC- RACY AND TRANSPARENCY. (C) THE AUTHORITY SHALL HOLD AT LEAST EIGHT PUBLIC HEARINGS WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SUBDIVISION RELATED TO THE CLIMATE AND RESILIENCY PLAN. THE HEARING SHALL BE PUBLICIZED IN VARIOUS FORMS OF MEDIA, INCLUDING BUT NOT LIMITED TO THE AUTHORITY'S WEBSITE, LOCAL NEWSPAPERS AND SOCIAL MEDIA PLATFORMS, AND SHALL ALSO BE ACCESSIBLE VIA LIVESTREAM. IN ADVANCE OF SUCH HEARING, THE AUTHORITY SHALL CONSPICU- OUSLY POST WRITTEN NOTICE OF SUCH HEARING IN ALL AUTHORITY FACILITIES AND NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY REGIONAL CLEAN ENERGY HUBS ON A SIGN POSTED AT EACH FACILITY ENTRANCE AND EXIT USED BY EMPLOYEES, AND SHALL PROVIDE AT LEAST TWO WEEKS ADVANCE NOTICE OF SUCH HEARING TO AUTHORITY CUSTOMERS BY DIRECTLY COMMUNICATING SUCH NOTICE TO CUSTOMER PHONE, EMAIL AND MAILING LISTS. HEARINGS SHALL BE PERMITTED BETWEEN 12:00 PM TO 3:00 PM AND 6:00 PM TO 9:00 PM, AND THE AUTHORITY SHALL PROVIDE ALL SPEAKERS WITH THE OPTION TO SIGN UP TO SPEAK WITHIN THOSE THREE HOUR WINDOWS SUCH THAT NO SPEAKER SHALL WAIT LONGER S. 6453--C 4 THAN THREE HOURS TO SPEAK. IN ADDITION TO ORAL TESTIMONY, WRITTEN TESTIMONY FROM THE PUBLIC FOR SUCH HEARINGS SHALL BE ACCEPTED BY THE AUTHORITY NO LESS THAN TWO WEEKS AFTER EACH HEARING. EACH SPEAKER SHALL HAVE AT LEAST THREE MINUTES TO SPEAK, AND A REMOTE OPTION SHALL BE PROVIDED FOR SUBMITTING COMMENTS VIA VIDEO CONFERENCE, PHONE, INCLUDING SHORT MESSAGE SERVICES (SMS) TEXT MESSAGES AND/OR WRITTEN COMMENT, WHICH SHALL BE READ ALOUD. PROVISIONS FOR TRANSLATION SERVICES, AMERICAN SIGN LANGUAGE INTERPRETATION, CLOSED CAPTIONING, AND ACCESS TO ACCOMMODATIONS PROVIDED BY THE AMERICANS WITH DISABILITIES ACT SHALL BE PROVIDED UPON REQUEST. (D) THE AUTHORITY SHALL MAINTAIN ALL DATA, MEETING MINUTES, RECORDINGS AND DOCUMENTS THAT DO NOT INCLUDE PERSONAL CUSTOMER INFORMATION, INCLUD- ING BUT NOT LIMITED TO DEPRECIATION SCHEDULES, ANNUAL FINANCIAL STATE- MENTS OF ITEMIZED SPENDING, ENVIRONMENTAL IMPACT STATEMENTS, COST-BENE- FIT ANALYSES, CLIMATE AND RESILIENCY PLANS, RENEWABLE ENERGY PROJECT PLANS, AND ANNUAL REPORTS ON OPERATIONS, CUSTOMER SERVICE, RELIABILITY, RESILIENCY AND SUSTAINABILITY. ALL SUCH DATA, MEETING MINUTES, RECORDINGS AND DOCUMENTS SHALL BE MADE AVAILABLE ON THE AUTHORITY'S WEBSITE, OR OTHERWISE MADE ACCESSIBLE BY THE AUTHORITY UPON REQUEST. ALL SUCH RECORDS SHALL BE MAINTAINED AS BUSINESS RECORDS FOR A MINIMUM OF TEN YEARS. THE STATE COMPTROLLER SHALL AUDIT THE AUTHORITY AT LEAST ONCE EVERY TWO YEARS UNTIL TWO THOUSAND THIRTY TO ASCERTAIN WHETHER THE AUTHORITY IS IN COMPLIANCE WITH THE RENEWABLE ENERGY TARGETS OUTLINED IN THIS SUBDIVISION AND SUBDIVISIONS THIRTY-TWO, THIRTY-FOUR AND THIRTY- FIVE OF THIS SECTION AND WHETHER THE AUTHORITY'S SPENDING AND OPERATIONS ARE EFFECTIVELY AND EFFICIENTLY PROMOTING THE COMMON GOOD. THE MOST RECENT COMPTROLLER AUDITS SHALL ALSO BE MADE AVAILABLE ON THE AUTHORI- TY'S WEBSITE, OR OTHERWISE MADE ACCESSIBLE BY THE AUTHORITY UPON REQUEST. (E) (I) THE AUTHORITY, IN CONSULTATION WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY AND THE PUBLIC SERVICE COMMISSION, SHALL DEVELOP AND CONDUCT AN ENERGY EFFICIENCY AND ENERGY AUDIT PROGRAM TO IDENTIFY PUBLIC BUILDINGS MOST IN NEED OF RETROFITS AND EFFICIENCY MEASURES. SUCH PROGRAM SHALL PROVIDE FOR THE INSTALLATION OF RENEWABLE HEATING AND COOLING SYSTEMS, AND, WHEN FEASIBLE, OTHER GREEN BUILDING PROJECTS AS DEFINED IN SECTION 58-0101 OF THE ENVIRONMENTAL CONSERVATION LAW, IN PUBLIC HOUSING AND PUBLIC SCHOOLS BY THE YEAR TWO THOUSAND THIR- TY-FIVE, PRIORITIZING FIRST PUBLIC AFFORDABLE HOUSING AND PUBLIC SCHOOLS IN DISADVANTAGED COMMUNITIES. THE AUTHORITY SHALL HIRE AUTHORITY EMPLOY- EES OR CONTRACTORS TO PERFORM ENERGY AUDITS, RETROFITS AND OTHER EFFI- CIENCY PROGRAMS FOR THESE BUILDINGS, AND PROVIDE INCENTIVES, IN CONJUNC- TION WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, FOR ENERGY EFFICIENT APPLIANCES AND INDUCTION STOVES, AS NEEDED, TO MEET THE CLIMATE GOALS OUTLINED IN THE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT. IF THE BUILDINGS SELECTED FOR THIS PROGRAM NEED MOLD REMEDIATION MEASURES OR LEAD ABATEMENT MEASURES TO BE CARRIED OUT BEFORE ENERGY EFFICIENCY MEASURES CAN BE SAFELY IMPLEMENTED, THE AUTHORITY SHALL ALSO HIRE EMPLOYEES OR CONTRACTORS TO PERFORM LEAD ABATEMENT MEAS- URES AND/OR MOLD REMEDIATION MEASURES FOR THESE BUILDINGS. (II) THE AUTHORITY SHALL ANNUALLY POST ON ITS WEBSITE A REPORT EVALU- ATING THE ENERGY EFFICIENCY PROGRAM, INCLUDING, BUT NOT LIMITED TO, THE NUMBER OF CUSTOMERS SERVED BY THE EFFICIENCY PROGRAM, THE CUSTOMER DEMO- GRAPHICS, THE NUMBER OF RETROFITS AND ENERGY AUDITS PERFORMED, THE NUMBER OF JOBS CREATED AND EMPLOYEE DEMOGRAPHICS, AND THE AMOUNT OF ENERGY AND DOLLARS SAVED AS A RESULT OF THE PROGRAM. S. 6453--C 5 (III) ALL WORK SUBJECT TO THIS SUBDIVISION SHALL BE CONSIDERED PUBLIC WORK, SUBJECT TO ARTICLES EIGHT AND NINE OF THE LABOR LAW, AND SHALL UTILIZE A PROJECT LABOR AGREEMENT. FOR PURPOSES OF THIS SUBDIVISION, "PROJECT LABOR AGREEMENT" SHALL MEAN A PRE-HIRE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE AUTHORITY, OR A THIRD PARTY ON BEHALF OF THE AUTHORITY, AND A BONA FIDE BUILDING AND CONSTRUCTION TRADE LABOR ORGAN- IZATION ESTABLISHING THE LABOR ORGANIZATION AS THE COLLECTIVE BARGAINING REPRESENTATIVE FOR ALL PERSONS WHO WILL PERFORM WORK ON A PUBLIC WORK PROJECT, AND WHICH PROVIDES THAT ONLY CONTRACTORS AND SUBCONTRACTORS WHO SIGN A PRE-NEGOTIATED AGREEMENT WITH THE LABOR ORGANIZATION CAN PERFORM PROJECT WORK. ALL CONTRACTORS AND SUBCONTRACTORS ASSOCIATED WITH THIS WORK SHALL BE REQUIRED TO UTILIZE APPRENTICESHIP AGREEMENTS AS DEFINED BY ARTICLE TWENTY-THREE OF THE LABOR LAW. (F) THE AUTHORITY SHALL SUBMIT AN ANNUAL REPORT TO THE GOVERNOR AND TO THE LEGISLATURE WHICH SHALL BE MADE AVAILABLE TO THE PUBLIC. SUCH REPORT SHALL INCLUDE THE: (A) TEN YEAR CLIMATE AND RESILIENCY PLAN DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION; (B) AMOUNT OF ENERGY PRODUCED BY EACH FACILITY; (C) ENERGY TRANSFERRED BETWEEN FACILITIES WITHIN THE AUTHORITY; (D) ENERGY TRANSFERRED OUTSIDE OF THE AUTHORITY FOR SALE; (E) KILOWATT-HOUR SALES BY PROJECT; (F) REVENUES AND COSTS FOR EACH PROJECT FACILITY; (G) ACCUMULATED PROVISION FOR DEPRECIATION OF EACH PROJECT FACILITY; (H) FINANCIAL AND OPERATING INFORMATION OF THE ENERGY EFFICIENCY PROGRAM; (I) ENROLLMENT IN AND EFFECTIVENESS OF RENEWABLE ENERGY AUTO-ENROLL- MENT, RETROFIT, AND ENERGY EFFICIENT APPLIANCE PROGRAMS; (J) ANY PROJECTED RATE INCREASE FOR THE YEAR; AND (K) AN ANALYSIS OF THE AUTHORITY'S ACTIONS TO ENSURE THE STATE WILL MEET THE RENEWABLE ENERGY GOALS OF THE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT. 34. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ON OR AFTER JANUARY FIRST, TWO THOUSAND THIRTY, THE AUTHORITY SHALL BE THE SOLE PROVIDER OF ELECTRICITY TO ALL STATE OWNED, LEASED, CONTROLLED, OR OPERATED BUILD- INGS AND ON OR AFTER JANUARY FIRST, TWO THOUSAND THIRTY-FIVE, THE AUTHORITY SHALL BE THE SOLE PROVIDER OF ELECTRICITY TO ALL MUNICIPAL OWNED, LEASED, CONTROLLED, OR OPERATED BUILDINGS THAT USE ELECTRICITY. A MUNICIPAL OWNED, LEASED, CONTROLLED, OR OPERATED BUILDING THAT USES ELECTRICITY MAY ELECT NOT TO RECEIVE ITS ENERGY SUPPLY FROM THE AUTHORI- TY IF (I) THE AUTHORITY'S ENERGY SUPPLY RATE IS HIGHER THAN THE ENERGY SUPPLY RATE OF THE UTILITY IN THE MUNICIPAL BUILDING'S SERVICE TERRITO- RY, AS DETERMINED BY THE TWELVE-MONTH AVERAGE UTILITY SUPPLY RATE; (II) THE MUNICIPAL BUILDING IS BEING SERVED BY A MUNICIPAL ELECTRIC UTILITY THAT SHALL SUPPLY ONLY RENEWABLE ENERGY TO THE BUILDING; OR (III) THE MUNICIPAL BUILDING ELECTS TO PARTICIPATE IN A COMMUNITY CHOICE AGGRE- GATION PROGRAM THAT SHALL SUPPLY ONLY RENEWABLE ENERGY TO THE BUILDING. 35. (A) THE AUTHORITY IS AUTHORIZED TO SELL OR PROVIDE RENEWABLE ENER- GY TO RESIDENTIAL END-USE CUSTOMERS AND CCA COMMUNITIES. ANY EXCESS RENEWABLE ENERGY PRODUCED BY THE AUTHORITY AND NOT USED OR STORED BY STATE OR MUNICIPAL OWNED OR LEASED BUILDINGS SHALL BE SOLD DIRECTLY TO LOW-TO-MODERATE INCOME HOUSEHOLDS FIRST, PRIORITIZING LOW-TO-MODERATE INCOME HOUSEHOLDS IN DISADVANTAGED COMMUNITIES, AND AT A RATE THAT IS FIFTY PERCENT LESS THAN THE ENERGY SUPPLY RATE OF THE UTILITY IN THE CUSTOMER'S SERVICE TERRITORY. ANY REMAINING EXCESS RENEWABLE ENERGY PRODUCED BY THE AUTHORITY SHALL BE SOLD TO RESIDENTIAL END-USE CUSTOMERS S. 6453--C 6 OR CCA'S AT THE WHOLESALE COST. FOR THE PURPOSES OF THIS PARAGRAPH, THE TERM "LOW-TO-MODERATE INCOME HOUSEHOLDS" SHALL MEAN HOUSEHOLDS WITH ANNUAL INCOMES AT OR BELOW EIGHTY PERCENT OF THE AREA MEDIAN INCOME OF THE COUNTY OR METRO AREA WHERE THEY RESIDE. (B) WITHIN THREE YEARS FOLLOWING THE EFFECTIVE DATE OF THIS SUBDIVI- SION, THE AUTHORITY'S TRUSTEES, IN CONSULTATION WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY'S REGIONAL CLEAN ENERGY HUBS, SHALL DEVELOP A PROGRESSIVE RATE STRUCTURE BASED ON INCOME AND ENERGY USAGE TO BE OFFERED TO END-USE CUSTOMERS AND CCA COMMUNITIES. (C) THE AUTHORITY SHALL WORK WITH THE OFFICE OF TEMPORARY AND DISABIL- ITY ASSISTANCE TO ASSIST LOW-INCOME CUSTOMERS TO ACCESS THE LOW INCOME HOME ENERGY ASSISTANCE PROGRAM AND OTHER UTILITY BENEFITS AND SHALL OFFER DEFERRED PAYMENT AGREEMENT PAYMENT PLANS FOR CUSTOMERS THAT FALL INTO ARREARS. (D) THE AUTHORITY IS AUTHORIZED TO SELL UP TO THIRTY PERCENT OF THE ELECTRICITY THAT IT PROVIDES TO RESIDENTIAL AND COMMERCIAL CUSTOMERS TO CUSTOMERS OF THE LONG ISLAND POWER AUTHORITY, ESTABLISHED UNDER TITLE ONE-A OF THIS ARTICLE, AND THE LONG ISLAND POWER AUTHORITY IS AUTHORIZED TO PURCHASE THIS POWER. 36. ALL NEW RENEWABLE ENERGY PROJECTS SUBJECT TO THIS SECTION SHALL BE CONSIDERED PUBLIC WORK, SUBJECT TO ARTICLES EIGHT AND NINE OF THE LABOR LAW AND SHALL UTILIZE A PROJECT LABOR AGREEMENT. FOR PURPOSES OF THIS SUBDIVISION, "PROJECT LABOR AGREEMENT" SHALL MEAN A PRE-HIRE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE AUTHORITY, OR A THIRD PARTY ON BEHALF OF THE AUTHORITY, AND A BONA FIDE BUILDING AND CONSTRUCTION TRADE LABOR ORGANIZATION ESTABLISHING THE LABOR ORGANIZATION AS THE COLLECTIVE BARGAINING REPRESENTATIVE FOR ALL PERSONS WHO WILL PERFORM WORK ON A PUBLIC WORK PROJECT, AND WHICH PROVIDES THAT ONLY CONTRACTORS AND SUBCONTRACTORS WHO SIGN A PRE-NEGOTIATED AGREEMENT WITH THE LABOR ORGAN- IZATION CAN PERFORM PROJECT WORK. ALL CONTRACTORS AND SUBCONTRACTORS ASSOCIATED WITH THIS WORK SHALL BE REQUIRED TO UTILIZE APPRENTICESHIP AGREEMENTS AS DEFINED BY ARTICLE TWENTY-THREE OF THE LABOR LAW. 37. THE AUTHORITY, IN CONSULTATION WITH LABOR ORGANIZATIONS, SHALL DEVELOP A COMPREHENSIVE PLAN TO TRANSITION, TRAIN, OR RETRAIN EMPLOYEES THAT ARE IMPACTED BY THE NEW YORK STATE BUILD PUBLIC RENEWABLES ACT, AND SHALL ESTABLISH AND CONTRIBUTE TO A JUST TRANSITION FUND THAT SHALL MAKE FUNDING AVAILABLE FOR WORKER TRANSITION AND RETRAINING. 38. THE AUTHORITY SHALL INCLUDE REQUIREMENTS IN ANY PROCUREMENT OR DEVELOPMENT OF A RENEWABLE ENERGY PROJECT, AS DEFINED IN SUBDIVISION THIRTY OF THIS SECTION, THAT THE COMPONENTS AND PARTS SHALL BE SUPPLIED WITH EQUIPMENT PRODUCED OR MADE IN WHOLE OR SUBSTANTIAL PART IN THE UNITED STATES, ITS TERRITORIES OR POSSESSIONS. THE AUTHORITY'S TRUSTEES, IN CONSULTATION WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, MAY WAIVE THE PROCUREMENT AND DEVELOPMENT REQUIREMENTS SET FORTH IN THIS SUBDIVISION IF THE TRUSTEES DETERMINE THAT: THE REQUIRE- MENTS WOULD NOT BE IN THE PUBLIC INTEREST; THE REQUIREMENTS WOULD RESULT IN UNREASONABLE COSTS; OBTAINING SUCH INFRASTRUCTURE COMPONENTS AND PARTS IN THE UNITED STATES WOULD INCREASE THE COST OF A RENEWABLE ENERGY PROJECT BY AN UNREASONABLE AMOUNT; OR SUCH COMPONENTS OR PARTS CANNOT BE PRODUCED, MADE, OR ASSEMBLED IN THE UNITED STATES IN SUFFICIENT AND REASONABLY AVAILABLE QUANTITIES OR OF SATISFACTORY QUALITY. SUCH DETER- MINATION MUST BE MADE ON AN ANNUAL BASIS NO LATER THAN DECEMBER THIRTY- FIRST AFTER PROVIDING NOTICE AND AN OPPORTUNITY FOR PUBLIC COMMENT, AND BE MADE PUBLICLY AVAILABLE, IN WRITING, ON THE AUTHORITY'S WEBSITE WITH A DETAILED EXPLANATION OF THE FINDINGS LEADING TO SUCH DETERMINATION. IF THE AUTHORITY'S TRUSTEES HAVE ISSUED DETERMINATIONS FOR THREE CONSEC- S. 6453--C 7 UTIVE YEARS THAT NO SUCH WAIVER IS WARRANTED PURSUANT TO THIS SUBDIVI- SION, THEN THE AUTHORITY SHALL NO LONGER BE REQUIRED TO PROVIDE THE ANNUAL DETERMINATION REQUIRED BY THIS SUBDIVISION. 39. THE AUTHORITY SHALL WORK WITH EXISTING WORKFORCE DEVELOPMENT PROGRAMS, UNION APPRENTICESHIP PROGRAMS, AND REGIONAL COMMUNITY ENERGY HUBS TO PUBLISH A REPORT ON THE WAYS THAT THE CONSTRUCTION OF RENEWABLE PROJECTS CAN BEST SUPPORT THE DEVELOPMENT OF SKILLED, WELL PAID LOCAL WORKFORCES IN THE RENEWABLE ENERGY SECTOR, AND SHALL PROVIDE FINANCIAL SUPPORT THROUGH THE JUST TRANSITION FUND ESTABLISHED PURSUANT TO SUBDI- VISION THIRTY-SEVEN OF THIS SECTION FOR PRE-APPRENTICESHIP PROGRAMS THROUGH LOCAL COMMUNITY BASED ORGANIZATIONS THAT WORK WITH DISADVANTAGED COMMUNITIES AND UNION RUN WORKFORCE DEVELOPMENT INSTITUTIONS, WHERE THIS SUPPORT IS FOUND TO BE NECESSARY TO THE EFFECTIVE DEVELOPMENT OF THIS WORKFORCE ACCORDING TO THE REPORT. 40. FOR ENERGY PROJECTS THAT THE AUTHORITY BUILDS ON PROPERTIES OF THE NEW YORK CITY HOUSING AUTHORITY, INCLUDING HEAT PUMP INSTALLATIONS, RETROFITS, WEATHERIZATION MEASURES, AND LEAD, MOLD, AND ASBESTOS REMEDI- ATION, BOTH THE AUTHORITY AND ITS CONTRACTORS SHALL PRIORITIZE HIRING RESIDENTS OF THESE PROPERTIES, PROVIDED THAT RESIDENTS MEET CONSIDER- ATIONS OF AVAILABILITY, INTEREST, SKILL LEVEL AND TRAINING. NO PROVISIONS OF THIS SUBDIVISION SHALL ALTER THE STATUS OF ANY SECTION 9 HOUSING. THE AUTHORITY SHALL CONSULT THE RESIDENTS OR OCCUPANTS OF ALL PUBLIC BUILDINGS WHERE THE AUTHORITY IS BUILDING PROJECTS TO ASSESS THEIR NEEDS AND MINIMIZE DISRUPTION, NUISANCE, PUBLIC HEALTH RISKS, AND DISPLACEMENT DURING ANY REMEDIATION, RETROFIT, WEATHERIZATION, HEAT PUMP INSTALLATIONS, OR OTHER CONSTRUCTION THE AUTHORITY OR ITS CONTRACTORS PERFORM. ALL WORK SUBJECT TO THIS SUBDIVISION SHALL BE CONSIDERED PUBLIC WORK, SUBJECT TO ARTICLES EIGHT AND NINE OF THE LABOR LAW, AND SHALL UTILIZE A PROJECT LABOR AGREEMENT. FOR PURPOSES OF THIS SUBDIVI- SION, "PROJECT LABOR AGREEMENT" SHALL MEAN A PRE-HIRE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE AUTHORITY, OR A THIRD PARTY ON BEHALF OF THE AUTHORITY, AND A BONA FIDE BUILDING AND CONSTRUCTION TRADE LABOR ORGANIZATION ESTABLISHING THE LABOR ORGANIZATION AS THE COLLECTIVE BARGAINING REPRESENTATIVE FOR ALL PERSONS WHO WILL PERFORM WORK ON A PUBLIC WORK PROJECT, AND WHICH PROVIDES THAT ONLY CONTRACTORS AND SUBCONTRACTORS WHO SIGN A PRE-NEGOTIATED AGREEMENT WITH THE LABOR ORGAN- IZATION CAN PERFORM PROJECT WORK. ALL CONTRACTORS AND SUBCONTRACTORS ASSOCIATED WITH THIS WORK SHALL BE REQUIRED TO UTILIZE APPRENTICESHIP AGREEMENTS AS DEFINED BY ARTICLE TWENTY-THREE OF THE LABOR LAW. 41. (A) NOTHING IN THE NEW YORK STATE BUILD PUBLIC RENEWABLES ACT SHALL ALTER THE RIGHTS OR BENEFITS, AND PRIVILEGES, INCLUDING, BUT NOT LIMITED TO TERMS AND CONDITIONS OF EMPLOYMENT, CIVIL SERVICE STATUS, AND COLLECTIVE BARGAINING UNIT MEMBERSHIP, OF ANY CURRENT EMPLOYEES OF THE AUTHORITY. (B) NOTHING IN THE NEW YORK STATE BUILD PUBLIC RENEWABLES ACT SHALL RESULT IN: (I) THE DISCHARGE, DISPLACEMENT, OR LOSS OF POSITION, INCLUD- ING PARTIAL DISPLACEMENT SUCH AS A REDUCTION IN THE HOURS OF NON-OVER- TIME WORK, WAGES, OR EMPLOYMENT BENEFITS; (II) THE IMPAIRMENT OF EXIST- ING COLLECTIVE BARGAINING AGREEMENTS; (III) THE TRANSFER OF EXISTING DUTIES AND FUNCTIONS; OR (IV) THE TRANSFER OF FUTURE DUTIES AND FUNC- TIONS, OF ANY CURRENTLY EMPLOYED WORKER IMPACTED BY THIS ACT WHO AGREES TO BE RETRAINED. 42. THE AUTHORITY SHALL ENTER INTO A MEMORANDUM OF UNDERSTANDING FOR THE OPERATION AND MAINTENANCE OF A RENEWABLE ENERGY PROJECT DEVELOPED PURSUANT TO THE NEW YORK STATE BUILD PUBLIC RENEWABLES ACT WITH A BONA FIDE LABOR ORGANIZATION OF JURISDICTION THAT IS ACTIVELY ENGAGED IN S. 6453--C 8 REPRESENTING TRANSITIONING EMPLOYEES FROM NON-RENEWABLE GENERATION FACILITIES. SUCH MEMORANDUM SHALL BE ENTERED INTO PRIOR TO THE COMPLETION DATE OF A RENEWABLE ENERGY PROJECT AND SHALL BE AN ONGOING MATERIAL CONDITION OF AUTHORIZATION TO OPERATE AND MAINTAIN A RENEWABLE ENERGY PROJECT DEVELOPED PURSUANT TO THE NEW YORK STATE BUILD PUBLIC RENEWABLES ACT. THE MEMORANDUM SHALL ONLY APPLY TO THE EMPLOYEES NECES- SARY FOR THE MAINTENANCE AND OPERATION OF SUCH RENEWABLE ENERGY GENER- ATION PROJECTS. SUCH MEMORANDUM SHALL CONTAIN BUT NOT BE LIMITED TO SAFETY AND TRAINING STANDARDS, DISASTER RESPONSE MEASURES, GUARANTEED HOURS, STAFFING LEVELS, PAY RATE PROTECTION AND RETRAINING PROGRAMS. THE EMPLOYEES ELIGIBLE FOR THESE POSITIONS SHALL FIRST BE SELECTED FROM AND OFFERED TO A POOL OF TRANSITIONING WORKERS WHO HAVE LOST THEIR EMPLOY- MENT OR WILL BE LOSING THEIR EMPLOYMENT IN THE NON-RENEWABLE ENERGY GENERATION SECTOR. SUCH LIST OF POTENTIAL EMPLOYEES WILL BE PROVIDED BY AFFECTED UNIONS AND PROVIDED TO THE DEPARTMENT OF LABOR. THE DEPARTMENT OF LABOR SHALL UPDATE AND PROVIDE SUCH LIST TO THE AUTHORITY NINETY DAYS PRIOR TO PURCHASE, ACQUISITION, AND/OR CONSTRUCTION OF ANY PROJECT UNDER THE NEW YORK STATE BUILD PUBLIC RENEWABLES ACT. 43. THE AUTHORITY SHALL COMPLY WITH THE OBJECTIVES AND GOALS OF CERTI- FIED MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW AND CERTIFIED SERVICE-DISABLED VETERAN- OWNED BUSINESSES PURSUANT TO ARTICLE THREE OF THE VETERANS' SERVICES LAW. THE AUTHORITY, IN CONSULTATION WITH THE COMMISSIONER OF THE DIVI- SION OF MINORITY AND WOMEN'S BUSINESS DEVELOPMENT AND THE DIRECTOR OF THE DIVISION OF SERVICE-DISABLED VETERANS' BUSINESS DEVELOPMENT SHALL MAKE TRAINING AND RESOURCES AVAILABLE TO ASSIST MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES AND SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTER- PRISES ON RENEWABLE ENERGY PROJECTS TO ACHIEVE AND MAINTAIN COMPLIANCE WITH PREVAILING WAGE REQUIREMENTS. THE AUTHORITY SHALL MAKE SUCH TRAIN- ING AND RESOURCES AVAILABLE ONLINE AND SHALL AFFORD MINORITY AND WOMEN- OWNED BUSINESS ENTERPRISES AND SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTERPRISES AN OPPORTUNITY TO SUBMIT COMMENTS ON SUCH TRAINING. § 3. Section 1003 of the public authorities law, as amended by chapter 766 of the laws of 2005, is amended to read as follows: § 1003. Trustees. 1. The authority shall consist of [seven] SEVENTEEN trustees, five of whom shall serve respectively for terms of one, two, three, four and five years, to be appointed by the governor, by and with the advice and consent of the senate. The sixth and seventh trustees shall be appointed by the governor, by and with the advice and consent of the senate, and shall serve initial terms of one and two years respectively. ALL OTHER TRUSTEES SHALL BE APPOINTED AS FOLLOWS: TWO BY THE GOVERNOR, FOUR BY THE TEMPORARY PRESIDENT OF THE SENATE, AND FOUR BY THE SPEAKER OF THE ASSEMBLY, AND SHALL PROPORTIONALLY BE SELECTED FROM LABOR UNION REPRESENTATIVES THAT REPRESENT BOTH EMPLOYEES OF THE AUTHOR- ITY AND EMPLOYEES OF CONSTRUCTION CONTRACTORS OF THE AUTHORITY, ENVIRON- MENTAL JUSTICE ADVOCATES, COMMUNITY RENEWABLE ENERGY ADVOCATES, CONSUMER ADVOCATES, AND BUILDING ELECTRIFICATION AND ENERGY EFFICIENCY EXPERTS. FOR ANY APPOINTMENT AND VACANT TRUSTEE POSITION, THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY'S CLEAN ENERGY HUBS SHALL SELECT QUALIFIED CANDIDATES THAT SHALL BE GIVEN REASONABLE CONSIDERATION FOR AN APPOINTMENT AS TRUSTEE BY THE GOVERNOR, SENATE, AND ASSEMBLY. Each trustee shall hold office until a successor has been appointed and qualified OR UNTIL REMOVED BY A MAJORITY VOTE OF THE LEGISLATURE OR THE GOVERNOR. At the expiration of the term of each trustee and of each succeeding trustee [the governor shall, by and with the advice and consent of the senate, appoint a successor, who shall hold office for a S. 6453--C 9 term of five years, or until a successor has been appointed and quali- fied. In the event of a vacancy occurring in the office of the trustee by death, resignation or otherwise, the governor shall, by and with the advice and consent of the senate, appoint a successor, who shall hold office for the unexpired term. Four trustees shall constitute a quorum for the purpose of organizing the authority and conducting the business thereof.], OR THE EVENT OF A VACANCY OCCURRING IN THE OFFICE OF THE TRUSTEE BY DEATH, RESIGNATION OR OTHERWISE, THE ORIGINAL ENTITIES WHO APPOINTED THAT TRUSTEE SHALL APPOINT A SUCCESSOR, AFTER CONSIDERATION OF CLEAN ENERGY HUB CANDIDATES, WHO SHALL HOLD OFFICE FOR THE UNEXPIRED TERM. NINE TRUSTEES SHALL CONSTITUTE A QUORUM FOR THE PURPOSE OF ORGAN- IZING THE AUTHORITY AND CONDUCTING THE BUSINESS THEREOF. ANY AUTHORITY TRUSTEE OR BOARD MEMBER MAY BE TERMINATED BY EITHER A MAJORITY VOTE OF THE SENATE OR ASSEMBLY, OR BY THE GOVERNOR. REASONS FOR TERMINATION MAY INCLUDE, BUT ARE NOT LIMITED TO: FAILURE TO MEET THE RENEWABLE ENERGY TARGETS OUTLINED IN THIS BILL; CONFLICTS OF INTEREST; FAILURE TO PRIOR- ITIZE CLIMATE JUSTICE, ENVIRONMENTAL JUSTICE, OR ECONOMIC JUSTICE IN THE AUTHORITY'S OPERATIONS; SEXUAL ASSAULT OR HARASSMENT; OR CORRUPTION. 2. The trustee chosen as chairman as provided in section one thousand four of this title, shall receive an annual salary which shall be set by the trustees of the authority, and which shall not exceed the salary prescribed for the positions listed in paragraph (f) of subdivision one of section one hundred sixty-nine of the executive law. [Each other trustee shall not receive a salary or other compensation.] Each trustee shall receive his or her reasonable expenses in the performance of his or her duties hereunder. The trustee chosen as chairman may elect to become a member of the New York state and local employees' retirement system on the basis of such compensation to which he or she shall be entitled as herein provided notwithstanding the provisions of any gener- al, special or local law, municipal charter, or ordinance. § 4. Nothing in this act shall impact the power authority of the state of New York's existing recharge New York power program, existing hydro- power allocations to any municipal and cooperative electric utility customers, or any other power allocation program managed by such author- ity. § 5. Nothing in this act is intended to limit, impair, or affect the legal authority of the power authority of the state of New York under any other provision of title 1 of article 5 of the public authorities law. § 6. No section of this act or any action required to be taken under this act shall be delayed or made contingent upon the completion of the plan required by subdivision 33 of section 1005 of the public authori- ties law, as added by section two of this act. § 7. Severability clause. If any clause, sentence, paragraph, subdi- vision, or section of this act shall be adjudged by any court of compe- tent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its opera- tion to the clause, sentence, paragraph, subdivision, or section thereof directly involved in the controversy in which such judgment 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. § 8. This act shall take effect immediately.
