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A10082 Summary:

BILL NOA10082
 
SAME ASNo Same As
 
SPONSORBologna
 
COSPNSR
 
MLTSPNSR
 
Rpld Art 75, amd §§54-1523, 8-0105, 27-1405, 54-1511, 58-0101, 70-0118, 76-0101 & 76-0103, En Con L; rpld §66-p, amd §§66-r, 66-t & 137, Pub Serv L; rpld §§17-a & 17-b, Chap 355 of 2014; rpld §§1 & 5 - 14, Chap 106 of 2019; amd §§4-207.1 & 25-120, NYC Ad Cd; amd §§16-102 & 16-106, Energy L; amd §854, Gen Muni L; amd §224-d, Lab L; amd §§1005, 1854 & 1911, Pub Auth L; amd §207, Pub Health L; amd §99-qq, St Fin L; amd §64-e, Town L
 
Repeals the New York state climate leadership and community protection act; makes conforming technical amendments.
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A10082 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10082
 
                   IN ASSEMBLY
 
                                    January 30, 2026
                                       ___________
 
        Introduced  by M. of A. BOLOGNA -- read once and referred to the Commit-
          tee on Environmental Conservation
 
        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          renewable  energy  projects;  to  amend the administrative code of the
          city of New York, the energy law, the general municipal law, the labor
          law, the public authorities law, the public  health  law,  the  public
          service  law,  the  state finance law and the town law, in relation to
          making conforming changes; and to repeal  certain  provisions  of  the
          environmental conservation law, the public service law, chapter 355 of
          the laws of 2014, constituting the community risk  and resiliency act,
          and   chapter 106 of the laws of 2019, constituting the New York state
          climate leadership and community protection act, relating thereto
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Article  75  of  the  environmental  conservation  law is
     2  REPEALED.
     3    § 2. Paragraphs g, h and i of subdivision 1 of section 54-1523 of  the
     4  environmental  conservation  law, as amended by section 1 of part KKK of
     5  chapter 58 of the laws of 2022, are amended to read as follows:
     6    g. climate change adaptation planning and supporting studies,  includ-
     7  ing  but  not  limited  to vulnerability assessment and risk analysis of
     8  municipal drinking water, wastewater, and transportation infrastructure;
     9  and
    10    h. [to establish  and  implement  easily-replicated  renewable  energy
    11  projects, including solar arrays, heat pumps and wind turbines in public
    12  low-income housing in suburban, urban and rural areas; and
    13    i.]  land  acquisition,  including but not limited to flood mitigation
    14  and coastal riparian resiliency; provided, however, no monies  shall  be
    15  expended for acquisition by eminent domain.
    16    § 3. Section 66-p of the public service law is REPEALED.
    17    §  4.  Sections  17-1  and  17-b of   chapter 355 of the laws of 2014,
    18  constituting the community risk and resiliency act are REPEALED.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13825-01-5

        A. 10082                            2
 
     1    § 5. Sections 1, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 of  chapter  106
     2  of  the laws of 2019, constituting the New York state climate leadership
     3  and community protection act are REPEALED.
     4    §  6.  Subdivision  c of section 4-207.1 of the administrative code of
     5  the city of New York as added by local law number 99 of the city of  New
     6  York for the year 2024,  is amended to read as follows:
     7    c.  In  meeting the requirements of subdivision b of this section, the
     8  department shall prioritize the installation of photovoltaic systems  in
     9  disadvantaged  communities,  as defined by former section 75-0101 of the
    10  environmental conservation law.
    11    § 7. The third undesignated paragraph  of  subdivision  a  of  section
    12  25-120  of  the administrative code of the city of New York, as added by
    13  local law number 172 of the city of New York for  the  year  2023,    is
    14  amended to read as follows:
    15    Disadvantaged  community.  The  term "disadvantaged community" means a
    16  disadvantaged community identified pursuant to former section 75-0111 of
    17  the environmental conservation law.
    18    § 8. Subdivision 18-a of section 16-102 of the energy law, as added by
    19  chapter 374 of the laws of 2022,  is amended to read as follows:
    20    18-a. "Greenhouse gas" means "greenhouse gas" as defined  in  subdivi-
    21  sion  seven  of former section 75-0101 of the environmental conservation
    22  law.
    23    § 9. Paragraph (d) of subdivision 1 of section 16-106  of  the  energy
    24  law,  as added by chapter 374 of the laws of 2022, is amended to read as
    25  follows:
    26    (d) To adopt regulations to achieve the purposes of this article. Such
    27  regulations shall ensure that compliance therewith will not result in  a
    28  net  increase  in co-pollutant emissions or otherwise disproportionately
    29  burden disadvantaged communities [as identified by the  climate  justice
    30  working  group  established  under  section 75-0111 of the environmental
    31  conservation law]. In order to increase public participation and improve
    32  the efficacy of any efficiency standards adopted pursuant to subdivision
    33  (b) or (c) of this section, the president shall, before publication of a
    34  notice of proposed rule making, conduct public meetings to provide mean-
    35  ingful opportunities for public comment from all segments of  the  popu-
    36  lation that would be impacted by the standards or regulations, including
    37  persons  living  in  disadvantaged  communities  [as  identified  by the
    38  climate justice working group established under section 75-0111  of  the
    39  environmental conservation law];
    40    §  10.  Subdivision 9 of section 8-0105 of the environmental conserva-
    41  tion law, as added by chapter 840 of the laws of  2022,  is  amended  to
    42  read as follows:
    43    9.  "Disadvantaged  community" shall have the same meaning as subdivi-
    44  sion five of former section 75-0101 of this chapter.
    45    § 11. Subdivisions 32 and 33 of section 27-1405 of  the  environmental
    46  conservation  law, as added by section 1 of part LL of chapter 58 of the
    47  laws of 2022, are amended to read as follows:
    48    32. "Disadvantaged community" shall mean a community that  is  identi-
    49  fied pursuant to former section 75-0111 of this chapter.
    50    33.  "Renewable  energy  facility  site" shall mean real property: (a)
    51  that is used for a renewable energy system, as defined in former section
    52  sixty-six-p of the public service law;  or  (b)  any  co-located  system
    53  storing  energy  generated  from such a renewable energy system prior to
    54  delivering it to the bulk transmission,  sub-transmission,  or  distrib-
    55  ution system.

        A. 10082                            3
 
     1    §  12. Subdivision 3 of section 54-1511 of the environmental conserva-
     2  tion law, as amended by section 1 of part S of chapter 58 of the laws of
     3  2024, is amended to read as follows:
     4    3.  State  assistance  payments  shall not exceed fifty percent of the
     5  project cost or two million dollars, whichever is less, provided however
     6  if a municipality meets criteria established by the department  relating
     7  to  either  financial  hardship or disadvantaged communities pursuant to
     8  former section 75-0101 of this chapter, the commissioner  may  authorize
     9  state assistance payments of up to eighty percent of the project cost or
    10  two  million dollars, whichever is less. Such costs are subject to final
    11  computation and determination by the commissioner upon completion of the
    12  project, and shall not exceed the maximum eligible cost set forth in the
    13  contract. A determination of financial hardship shall be based on crite-
    14  ria that clearly indicates that the municipality is experiencing signif-
    15  icant and widespread  financial  distress,  with  primary  consideration
    16  given  to  whether  a  municipality  has a median household income at or
    17  below eighty percent of the state median household income.
    18    § 13. Subdivision 4 of section 58-0101 of the environmental  conserva-
    19  tion  law, as added by section 2 of part OO of chapter 58 of the laws of
    20  2022, is amended to read as follows:
    21    4. "Disadvantaged communities" shall mean a community that is  identi-
    22  fied pursuant to former section 75-0111 of this chapter.
    23    §  14. Paragraph (a) of subdivision 1 and paragraph (a) of subdivision
    24  5 of section 70-0118 of the environmental  conservation  law,  paragraph
    25  (a)  of  subdivision  1 as amended and paragraph (a) of subdivision 5 as
    26  added by chapter 49 of the laws of 2023, are amended to read as follows:
    27    (a) "Disadvantaged communities" shall have the same meaning as  subdi-
    28  vision five of former section 75-0101 of this chapter.
    29    (a)  relevant  baseline data on existing burdens, including from rele-
    30  vant criteria used to designate the particular disadvantaged communities
    31  pursuant to subdivision one of former section 75-0111 of this chapter;
    32    § 15. Subdivisions 8 and 15 of section 76-0101  of  the  environmental
    33  conservation  law,  as  amended  by chapter 100 of the laws of 2025, are
    34  amended to read as follows:
    35    8. "Covered greenhouse gas emissions" means, with respect to any enti-
    36  ty, the total quantity of greenhouse gas emissions, expressed in  metric
    37  tons  of carbon dioxide equivalent, as defined in former section 75-0101
    38  of this chapter, attributable  to  the  total  amount  of  fossil  fuels
    39  extracted by that entity during the covered period, as well as the total
    40  amount  of  crude  oil refined by that entity during the covered period.
    41  For the purposes of  this  article,  covered  greenhouse  gas  emissions
    42  include  those  emissions attributable to all fossil fuel extraction and
    43  refining worldwide by such entity and are not limited to such  emissions
    44  within the state.
    45    15.  "Greenhouse  gas"  shall  have  the  same definition as in former
    46  section 75-0101 of this chapter.
    47    § 16. Paragraph g of subdivision 2,  paragraph  h  of  subdivision  6,
    48  subdivision  7,  and  clause  1  of subparagraph (iii) of paragraph a of
    49  subdivision 10 of section 76-0103 of the environmental conservation law,
    50  paragraph g of subdivision 2, paragraph h of subdivision 6, and clause 1
    51  of subparagraph (iii) of paragraph a of subdivision 10  as  amended  and
    52  subdivision  7  as added by chapter 100 of the laws of 2025, are amended
    53  to read as follows:
    54    g. To allocate funds in such a way as to achieve a goal that at  least
    55  forty  percent  of  the qualified expenditures from the program, but not
    56  less than thirty-five percent of such expenditures, shall go to  climate

        A. 10082                            4
 
     1  change  adaptive  infrastructure  projects  that  benefit  disadvantaged
     2  communities as defined in former section 75-0101 of this chapter.
     3    h.  provide  opportunities for public engagement in all regions of the
     4  state, including by holding at least two public hearings, one  in-person
     5  and  one  virtual,  with  meaningful opportunities for participation and
     6  public comment from all segments of the  population,  including  persons
     7  living  in  disadvantaged  communities  as identified pursuant to former
     8  section 75-0111 of this chapter, a minimum of sixty days' public  notice
     9  in  compliance  with the provisions of article seven of the public offi-
    10  cers law, on a draft of the plan, a summary and analysis of  the  public
    11  comments  and a description of any changes made to the plan based on the
    12  public comments received.
    13    7. Total qualifying expenditures shall be allocated in such a  way  as
    14  to  achieve a goal that at least forty percent of the qualified expendi-
    15  tures from the program, but not less than thirty-five  percent  of  such
    16  expenditures,   shall  go  to  climate  change  adaptive  infrastructure
    17  projects that benefit disadvantaged communities  as  defined  in  former
    18  section 75-0101 of this chapter.
    19    (1)  expenditures that benefit disadvantaged communities as defined in
    20  former section 75-0101 of this chapter;
    21    § 17. Subdivision 21 of section 854 of the general municipal  law,  as
    22  added  by  section  5  of  part  X of chapter 59 of the laws of 2021, is
    23  amended to read as follows:
    24    (21) "Renewable energy project" shall mean any project and  associated
    25  real property on which the project is situated, that utilizes any system
    26  or  equipment  as  set forth in section four hundred eighty-seven of the
    27  real property tax law or as defined pursuant to paragraph b of  subdivi-
    28  sion  one  of  former  section  sixty-six-p of the public service law as
    29  added by chapter one hundred six of the laws of two thousand nineteen.
    30    § 18. Subdivisions 1 and 2 of section 224-d of the labor law, subdivi-
    31  sion 1 as amended by section 31 of part O of chapter 58 of the  laws  of
    32  2024 and subdivision 2 as added by section 2 of part AA of chapter 56 of
    33  the laws of 2021, are amended to read as follows:
    34    1.  For  purposes of this section, a "covered renewable energy system"
    35  means (a) a renewable energy system, as such term is defined  in  former
    36  section sixty-six-p of the public service law, with a capacity of one or
    37  more megawatts alternating current and which involves the procurement of
    38  renewable energy credits by a public entity, or a company or corporation
    39  provided  in subdivisions twenty-three and twenty-four of section two of
    40  the public service law, or a third party acting on behalf  and  for  the
    41  benefit  of a public entity; (b) any "thermal energy network" as defined
    42  by subdivision twenty-nine of section two of the public service law; (c)
    43  any offshore wind supply chain project, including  but  not  limited  to
    44  port infrastructure, primary component manufacturing, finished component
    45  manufacturing, subassembly manufacturing, subcomponent manufacturing, or
    46  raw  material producers, or a combination thereof receiving direct fund-
    47  ing from the New York state energy research  and  development  authority
    48  pursuant to an award under a New York state energy research and develop-
    49  ment authority solicitation; or (d) a "major utility transmission facil-
    50  ity" as such term is defined by section one hundred twenty of the public
    51  service law.
    52    2. Notwithstanding the provisions of section two hundred twenty-four-a
    53  of  this  article, a covered renewable energy system shall be subject to
    54  prevailing wage requirements in accordance  with  sections  two  hundred
    55  twenty and two hundred twenty-b of this article. Provided that a renewa-
    56  ble  energy  system  defined in former section sixty-six-p of the public

        A. 10082                            5

     1  service law which is not considered to be covered by this  section,  may
     2  still  otherwise  be  considered a "covered project" pursuant to section
     3  two hundred twenty-four-a of this article if it meets such definition.
     4    §  19.  Subparagraphs (iv)   and (vii) of paragraph (i) of subdivision
     5  27-a, paragraph (a) and subparagraph (iv) of paragraph (c)  of  subdivi-
     6  sion  27-b, and paragraph (a) of subdivision 27-c of section 1005 of the
     7  public authorities law, subparagraphs (iv) and (vii) of paragraph (i) of
     8  subdivision 27-a as added by section 1, paragraph (a)  and  subparagraph
     9  (iv)  of  paragraph  (c)  of  subdivision 27-b as added by section 2 and
    10  paragraph (a) of subdivision 27-c as added by section 5 of  part  QQ  of
    11  chapter 56 of the laws of 2023, are amended to read as follows:
    12    (iv) "Disadvantaged communities" has the meaning ascribed to that term
    13  by  subdivision  five  of  former  section  75-0101 of the environmental
    14  conservation law.
    15    (vii) "Renewable energy system" has the same meaning as former section
    16  sixty-six-p of the public service law.
    17    (a) Definitions. For purposes of this subdivision, the following terms
    18  shall have the following meanings:
    19    (i) "bill credit" means a monthly monetary credit which is  funded  by
    20  the  authority,  as  further determined by the public service commission
    21  and appears on the utility bill of a low-income or moderate-income  end-
    22  use  electricity  consumer  located  in  a  disadvantaged community, for
    23  renewable  energy  produced  by  renewable  energy  systems   developed,
    24  constructed,  owned,  or  contracted  for  by the power authority of the
    25  state of New York and  injected  into  a  distribution  or  transmission
    26  facility  at  one  or  more  points in New York state, together with any
    27  enhanced incentive  payments  for  a  community  distributed  generation
    28  project  serving a disadvantaged community provided for in paragraph (b)
    29  of subdivision seven of former section sixty-six-p of the public service
    30  law, together with any other funding made available by the authority for
    31  such purposes;
    32    (ii) "disadvantaged community" means a community defined as  a  disad-
    33  vantaged  community in accordance with article seventy-five of the envi-
    34  ronmental conservation law;
    35    (iii) "jurisdictional load serving entity" has  the  same  meaning  as
    36  defined   in   paragraph  (a)  of  subdivision  one  of  former  section
    37  sixty-six-p of the public service law;
    38    (iv) "low-income or moderate-income end-use consumer" shall mean  end-
    39  use  customers of electric corporations and combination gas and electric
    40  corporations regulated by the public service commission whose income  is
    41  found to be below the state median income based on household size;
    42    (v) "renewable energy" means electrical energy produced by a renewable
    43  energy system;
    44    (vi)  "renewable  energy  systems"  has the same meaning as defined in
    45  paragraph (b) of subdivision one of former section  sixty-six-p  of  the
    46  public service law; and
    47    (vii)  "qualified  energy  storage  system"  has  the  same meaning as
    48  defined in subdivision one of section seventy-four of the public service
    49  law.
    50    (iv) enter into contracts for purposes of implementing REACH,  includ-
    51  ing  but not limited to agreements with developers, owners and operators
    52  of renewable energy systems, and  agreements  with  jurisdictional  load
    53  serving  entities  and  the  Long Island power authority, or its service
    54  provider, to provide for bill credits to end-use  electricity  consumers
    55  in  disadvantaged communities for renewable energy produced by renewable
    56  energy systems, upon terms and conditions approved by the public service

        A. 10082                            6
 
     1  commission pursuant to subdivisions seven and eight  of  former  section
     2  sixty-six-p of the public service law.
     3    (a)  Within  two  years of the effective date of this subdivision, the
     4  authority shall publish a plan providing for the proposed phase out,  by
     5  December  thirty-first,  two thousand thirty, of the production of elec-
     6  tric energy from its small natural gas  power  plants.  The  plan  shall
     7  include  a  proposed  strategy  to replace, where appropriate, the small
     8  natural gas power plants with renewable energy systems,  as  defined  in
     9  former  section sixty-six-p of the public service law, including renewa-
    10  ble energy generating projects authorized pursuant to subdivision  twen-
    11  ty-seven-a  of  this section provided such projects shall be included in
    12  the strategic plan established pursuant to subdivision twenty-seven-a of
    13  this section. By December thirty-first, two thousand thirty, the author-
    14  ity shall cease production of electricity at each of its  small  natural
    15  gas  power  plants  should  the  authority  determine that such plant or
    16  plants, or the electricity production therefrom are not needed  for  any
    17  of the following purposes: (i) emergency power service; or (ii) electric
    18  system  reliability,  including but not limited to, operating facilities
    19  to maintain power system requirements for facility thermal limits, volt-
    20  age limits, frequency limits, fault  current  duty  limits,  or  dynamic
    21  stability limits, in accordance with the system reliability standards of
    22  the  North  American  electric  reliability corporation, criteria of the
    23  northeast power coordinating council, rules of the New York state  reli-
    24  ability  council, and as applicable, reliability rules of the utility in
    25  whose service territory a small natural  gas  power  plant  is  located.
    26  Notwithstanding any other provision of this paragraph, the authority may
    27  continue  to  produce  electric  energy  at any of the small natural gas
    28  power plants if existing or proposed  replacement  generation  resources
    29  would  result  in  more  than  a de minimis net increase of emissions of
    30  carbon dioxide or criteria air pollutants within a disadvantaged  commu-
    31  nity  as  defined  in  subdivision five of former section 75-0101 of the
    32  environmental conservation law. The authority  shall  file  deactivation
    33  notices  with the federally designated electric bulk system operator for
    34  the state of New York for the purpose of ceasing electricity  production
    35  from  the  small  natural  gas power plants in a timeframe sufficient to
    36  facilitate the cessation of  electricity  production  pursuant  to  this
    37  paragraph.
    38    §  20. Subdivision 24, the opening paragraph of subdivision 25 and the
    39  opening paragraph of subdivision  26  of  section  1854  of  the  public
    40  authorities  law,  as added by section 1 of part TT of chapter 56 of the
    41  laws of 2023, are amended to read as follows:
    42    24. All revenues generated pursuant to regulations or actions taken by
    43  the department, the authority or any other  state  entity,  pursuant  to
    44  former  sections  75-0107  and 75-0109 of the environmental conservation
    45  law, shall be placed into a segregated authority funding account, estab-
    46  lished pursuant to section eighteen hundred fifty-nine  of  this  title,
    47  prior  to  programmatic  or  administrative allocation, and shall not be
    48  commingled with other authority funds.
    49    Within thirty days following receipt of revenues generated pursuant to
    50  regulations or actions taken by the department,  the  authority  or  any
    51  other  state  entity  pursuant to former sections 75-0107 and 75-0109 of
    52  the environmental conservation law, the authority shall make the follow-
    53  ing transfers from such segregated authority funding account:
    54    Climate affordability study. The authority and the department of envi-
    55  ronmental conservation, in consultation with the division of the budget,
    56  the department of public service, and the  department  of  taxation  and

        A. 10082                            7
 
     1  finance,  shall  conduct a study and issue a report with recommendations
     2  for the use of moneys transferred to the consumer climate action account
     3  established pursuant to section ninety-nine-qq of the state finance law.
     4  Such  report shall be guided by the final scoping plan prepared pursuant
     5  to former section 75-0103 of  the  environmental  conservation  law  and
     6  shall  consider,  among  other things: (a) structure and distribution of
     7  benefits in an equitable manner,  accounting  for  potential  dispropor-
     8  tionate  impacts to low-income households and disadvantaged communities;
     9  (b) implementation of a variety of mechanisms to meet the  varied  needs
    10  of the people of the state, which may include direct payments, tax cred-
    11  its,  transit  vouchers, utility assistance, or other financial benefits
    12  that are reasonable and practicable; (c) financial benefits that  ensure
    13  that  individuals  receiving  means-tested government assistance receive
    14  benefits that will not  constitute  income  for  purposes  of  any  such
    15  means-tested  government  assistance  programs; and (d) benefit programs
    16  that limit the administrative effort required of recipients. Such  study
    17  shall  be  completed  by the first of January, two thousand twenty-four,
    18  and shall be delivered to the governor and the legislature.
    19    § 21. Subdivisions 3 and 4 of section 1911 of the  public  authorities
    20  law,  subdivision  3  as  added  by  chapter 759 of the laws of 2023 and
    21  subdivision 4 as amended by chapter 106 of the laws of 2024, are amended
    22  to read as follows:
    23    3. "Disadvantaged communities" shall have the same meaning as  defined
    24  in  subdivision  five  of  former  section  75-0101 of the environmental
    25  conservation law.
    26    4. "Renewable energy" shall have the same meaning as defined in former
    27  section sixty-six-p of the public service law.
    28    § 22. Paragraph (s) of subdivision 1 of  section  207  of  the  public
    29  health  law,  as added by chapter 294 of the laws of 2024, is amended to
    30  read as follows:
    31    (s) Promoting public awareness of the dangers of fatal  and  non-fatal
    32  drowning, including but not limited to the unique risk factors and expo-
    33  sures  associated  with infant and early drowning, childhood and teenage
    34  drowning and adult drowning, the disparate risk of drowning in disadvan-
    35  taged communities identified pursuant to former section 75-0111  of  the
    36  environmental  conservation law and with individuals with a mental disa-
    37  bility as defined by subdivision three of section  1.03  of  the  mental
    38  hygiene  law, and methods to reduce the risks of drowning, including but
    39  not limited to water safety instruction, swim lessons, and awareness  of
    40  water based risks.
    41    §  23.  Subdivision  1  of  section 66-r of the public service law, as
    42  added by section 2-a of part AA of chapter 56 of the laws  of  2021,  is
    43  amended to read as follows:
    44    1.  For  the  purposes  of  this  section, a "covered renewable energy
    45  system" means a renewable energy system, as  such  term  is  defined  in
    46  former  section  sixty-six-p of this article, with a capacity of greater
    47  than five megawatts alternating current and which involves the  procure-
    48  ment  of  renewable  energy credits by a public entity, or a third party
    49  acting on behalf and for the benefit of a public entity.
    50    § 24. Subdivision 2 of section 66-t of  the  public  service  law,  as
    51  added by chapter 375 of the laws of 2022, is amended to read as follows:
    52    2.  Within three months of the effective date of this section, each of
    53  the seven largest gas, electric, or combination gas and electric  corpo-
    54  rations  shall submit to the commission for review and approval at least
    55  one and as many as five proposed pilot thermal energy network  projects.
    56  In developing the pilot project proposals, at least one pilot project in

        A. 10082                            8
 
     1  each utility territory shall be proposed in a disadvantaged community as
     2  defined  in  subdivision  five of former section 75-0101 of the environ-
     3  mental conservation law, and if a utility proposes four  or  more  pilot
     4  projects,  at  least two shall be proposed in disadvantaged communities.
     5  Each utility shall coordinate with other utility participants,  the  New
     6  York  state  energy  research and development authority, and consultants
     7  with expertise on successful pilot projects to  ensure  that  the  pilot
     8  projects  are  diverse and designed to inform the commission's decisions
     9  in the proceeding on the various ownership, market, and rate  structures
    10  for  thermal  energy networks. The pilot project proposals shall include
    11  specific customer protection plans and shall be made publicly  available
    12  on  the  commission's  website  and shall be subject to a public comment
    13  period of no less than thirty days.  Within six months of the  effective
    14  date  of  this  section, the commission shall determine whether it is in
    15  the public interest to approve  or  modify  such  pilot  thermal  energy
    16  network  projects  and shall issue an order directing each gas, electric
    17  or combination gas and electric corporation to implement  such  proposed
    18  or modified pilot thermal energy network projects. In considering wheth-
    19  er pilot thermal energy network projects are in the public interest, the
    20  commission  shall consider whether the pilot project will develop infor-
    21  mation useful for the commission's promulgation of regulations governing
    22  thermal energy networks, whether the pilot project furthers the  climate
    23  justice  and/or  emissions  reduction mandates of the climate leadership
    24  and community protection act, whether the pilot project advances  finan-
    25  cial and technical approaches to equitable and affordable building elec-
    26  trification, and whether the pilot project creates benefits to customers
    27  and  society  at large, including but not limited to public health bene-
    28  fits in areas  with  disproportionate  environmental  or  public  health
    29  burdens, job retention/creation, reliability, and increased affordabili-
    30  ty of renewable thermal energy options.
    31    § 25. Subdivision 4 of section 137 of the public service law, as added
    32  by section 11 of part O of chapter 58 of the laws of 2024, is amended to
    33  read as follows:
    34    4.  "Major  renewable  energy  facility"  means  any  renewable energy
    35  system, as such term is defined in former section  sixty-six-p  of  this
    36  chapter,  with  a  nameplate generating capacity of twenty-five thousand
    37  kilowatts or more, and any co-located system  storing  energy  generated
    38  from  such  a renewable energy system prior to delivering it to the bulk
    39  transmission system, including all associated appurtenances to  electric
    40  plants,  including  electric transmission facilities less than ten miles
    41  in length in order to provide access  to  load  and  to  integrate  such
    42  facilities into the state's bulk electric transmission system.
    43    §  26.  Paragraph  (c)  of subdivision 3 of section 99-qq of the state
    44  finance law, as added by section 2 of part TT of chapter 56 of the  laws
    45  of 2023, is amended to read as follows:
    46    (c)  The New York climate action fund climate investment account shall
    47  consist of moneys received by the state pursuant  to  paragraph  (c)  of
    48  subdivision  twenty-five  of  section eighteen hundred fifty-four of the
    49  public authorities law, and all other moneys appropriated, credited,  or
    50  transferred  thereto  from  any  other  fund  or source pursuant to law.
    51  Moneys of the account shall  be  made  available  for  the  purposes  of
    52  assisting  the  state in transitioning to a less carbon intensive econo-
    53  my[, including but not limited to: (i)  purposes  which  are  consistent
    54  with  the  general  findings  of  the  scoping plan prepared pursuant to
    55  section 75-0103 of the environmental conservation law; (ii)  administra-
    56  tive and implementation costs, auction design and support costs, program

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     1  design, evaluation, and other associated costs; and (iii) measures which
     2  prioritize  disadvantaged  communities  by supporting actions consistent
     3  with the requirements of paragraph d of  subdivision  three  of  section
     4  75-0109  and  of  section 75-0117 of the environmental conservation law,
     5  identified through  community  decision-making  and  stakeholder  input,
     6  including  early  action to reduce greenhouse gas emissions in disadvan-
     7  taged communities].
     8    § 27. Paragraph (f) of subdivision 1 of section 64-e of the town  law,
     9  as  added  by  chapter  666  of  the laws of 2024, is amended to read as
    10  follows:
    11    (f) "Disadvantaged communities" shall mean a community that is identi-
    12  fied pursuant to former section 75-0111 of the  environmental  conserva-
    13  tion law.
    14    §  28.  Nothing  in  this  act shall be construed to impair, limit, or
    15  affect the validity of any contract, permit, or license lawfully entered
    16  into prior to the effective date of this act; provided, however, that no
    17  further rights, obligations, or enforcement authority shall accrue under
    18  the repealed provisions after the effective date of this act.
    19    § 29. This act shall take effect immediately; provided, however, that:
    20    (a) the amendments to subdivisions 3 and 4  of  section  1911  of  the
    21  public  authorities  law made by section twenty-one of this act shall be
    22  subject to the expiration and repeal of such section  and  shall  expire
    23  and be deemed repealed therewith; and
    24    (b)  the  amendments  to  subdivision  4  of section 137 of the public
    25  service law made by section twenty-five of this act shall be subject  to
    26  the expiration and repeal of such section and shall expire and be deemed
    27  repealed therewith.
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