•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

S03476 Summary:

BILL NOS03476A
 
SAME ASSAME AS A06489
 
SPONSORRIVERA
 
COSPNSRCLEARE, FERNANDEZ, GONZALEZ, HARCKHAM, HINCHEY, HOYLMAN-SIGAL, JACKSON, MAY, MYRIE, SALAZAR, SANDERS, SERRANO
 
MLTSPNSR
 
Add §1885, amd §1854, Pub Auth L; add §99-ss, St Fin L; amd §11-104, Energy L; amd §378, Exec L; amd §224-f, Lab L; amd §10-b, Emerg Ten Prot Act of 1974
 
Enacts the bucks for boilers act, which creates a program to aid in transition of housing units to electric heat pumps and other high energy efficiency upgrades.
Go to top

S03476 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3476--A
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    January 27, 2025
                                       ___________
 
        Introduced  by  Sens.  RIVERA,  CLEARE,  FERNANDEZ,  GONZALEZ, HARCKHAM,
          HINCHEY, HOYLMAN-SIGAL, JACKSON, MAY, MYRIE, SALAZAR, SANDERS, SERRANO
          -- read twice and ordered printed, and when printed to be committed to
          the  Committee  on  Energy   and   Telecommunications   --   committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN  ACT  to amend the public authorities law, the state finance law, the
          energy law, the executive law, the labor law and the emergency  tenant
          protection  act  of nineteen seventy-four, in relation to enacting the
          "bucks for boilers act"
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "bucks for boilers act".
     3    § 2. The public authorities law is amended by  adding  a  new  section
     4  1885 to read as follows:
     5    §  1885.  Bucks for boilers program. 1. The authority, in consultation
     6  with the department of public service, shall establish a program to  aid
     7  in  the  transition  of  all existing housing units' heating and cooling
     8  from reliance on combusting oil and gas,  to  electric  heat  pumps  and
     9  other high energy efficiency upgrades, systems and services.
    10    2.  Using  funds made available from the bucks for boilers fund as set
    11  forth in section ninety-nine-ss of the state finance law, the  authority
    12  shall  ensure that any building or household existing in a disadvantaged
    13  community, as such term is defined by the climate justice working  group
    14  established under section 75-0111 of the environmental conservation law,
    15  or  buildings housing formerly-incarcerated individuals, with a priority
    16  to buildings owned by low-income  homeowners  or  rented  to  low-income
    17  tenants, shall be eligible for full-cost funding for the procurement and
    18  installation  of  equipment  to  be compliant with the energy efficiency
    19  standards set forth under section 11-104 of the  energy  law,  including
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06828-04-5

        S. 3476--A                          2
 
     1  the  procurement and installation of non-fossil fuel heating and cooling
     2  and hot water systems and other high energy efficiency systems,  includ-
     3  ing  electrical  panel  and  wiring  upgrades  and induction or electric
     4  stoves.  For  purposes  of  this  subdivision,  installation  shall also
     5  include bringing eligible housing into a state of good repair. A  multi-
     6  family building shall be considered low-income if at least fifty percent
     7  of  the  households  within  such  building have incomes less than sixty
     8  percent of area medium income. A multifamily building shall  be  consid-
     9  ered  medium-income  if at least fifty percent of households within such
    10  building have incomes between  sixty  percent  and  one  hundred  twenty
    11  percent of area median income.
    12    3.  Using  funds made available from the bucks for boilers fund as set
    13  forth in section ninety-nine-ss of the state finance law, the  authority
    14  shall  subsidize  each residential housing building's transition through
    15  the following household income thresholds:
    16    (a) low-to-moderate income households with an income below one hundred
    17  twenty percent area median income shall receive one hundred  percent  of
    18  the cost of the project;
    19    (b) medium-income households with an income between one hundred twenty
    20  percent  and one hundred eighty percent area medium income shall receive
    21  eighty percent of the cost of the project; and
    22    (c) high-income households with an  income  over  one  hundred  eighty
    23  percent of area medium income shall receive fifty percent of the cost of
    24  the project.
    25    4.  Using  funds made available from the bucks for boilers fund as set
    26  forth in section ninety-nine-ss of the state finance law, the  authority
    27  shall  create a program to pay up to fifty thousand dollars per unit for
    28  any privately owned residential housing for the procurement and  instal-
    29  lation of equipment to be compliant with the energy efficiency standards
    30  set forth under section 11-104 of the energy law, including the procure-
    31  ment  and  installation  of  non-fossil fuel heating and cooling and hot
    32  water systems and other high energy efficiency systems, including  elec-
    33  trical  panel  and  wiring upgrades and induction or electric stoves, as
    34  well as to ensure that such housing is in a state of good repair.  Funds
    35  from the bucks for boilers fund shall be provided to households or their
    36  contractors  in  advance  of  the  commencement  of such procurement and
    37  installation provided that the authority has reviewed and approved  such
    38  projects.
    39    5.  Using  funds made available from the bucks for boilers fund as set
    40  forth in section ninety-nine-ss of the state finance law, the  authority
    41  shall  subsidize  the  procurement  and  installation of equipment to be
    42  compliant with the energy efficiency standards set forth  under  section
    43  11-104  of the energy law, including the procurement and installation of
    44  non-fossil fuel heating and cooling and hot water systems and other high
    45  energy efficiency systems, for all public housing units  throughout  the
    46  state,  as  well  as  to  ensure that such housing is in a state of good
    47  repair.
    48    6. Using funds made available from the bucks for boilers fund  as  set
    49  forth  in section ninety-nine-ss of the state finance law, the authority
    50  shall establish affordability programs to pay any  additional  costs  of
    51  utility  bills  in order to ensure that no low-to-moderate income house-
    52  holds face a higher cost for heating and cooling that may be incurred as
    53  a result of conversion to electric heat pumps and/or other  high  energy
    54  efficiency  equipment  for heating and cooling. For the purposes of this
    55  subdivision "low-to-moderate income households"  shall  mean  households
    56  with annual incomes at or below eighty percent of the area median income

        S. 3476--A                          3

     1  of  the  county  or  metro  area  where they reside. These affordability
     2  programs shall also assist households with annual incomes  above  eighty
     3  percent  of  the  area median income of the county or metro area to help
     4  defray additional costs but only where funds are available after priori-
     5  tization of households with annual incomes at or below eighty percent of
     6  the  area  median  income of the county or metro area where they reside,
     7  and with prioritization with any such funds or  assistance  for  compar-
     8  atively  lower-income  over higher-income households within the distrib-
     9  ution of households over eighty percent of the area median income of the
    10  county or metro area where they reside.
    11    7. The authority shall include requirements that to  be  eligible  for
    12  receiving funds under this program, building owners:
    13    (a) are prohibited for a period of five years following the completion
    14  of work under this program from rent increases for temporary major capi-
    15  tal  improvement  and  individual  apartment  improvements for buildings
    16  undertaking energy  efficiency,  boiler,  furnace,  stove  replacements,
    17  electrical  panel,  electrical  wiring or related work stemming directly
    18  from the building's adherence to requirements enacted pursuant  to  this
    19  section; and
    20    (b)  shall  extend  the  lease  of tenants for no less than five years
    21  following the completion of work under this program.
    22    8. (a) The authority shall promulgate requirements for eligibility  to
    23  receive  funds under this program which prohibit buildings from initiat-
    24  ing eviction proceedings, fail to renew a lease  or  otherwise  seek  to
    25  remove a tenant from housing accommodation, except:
    26    (i) in situations of non-payment of rent;
    27    (ii)  where  the  tenant  is violating a substantial obligation of the
    28  tenancy and has failed to cure such violation within ten days;
    29    (iii) where the tenant is committing or permitting a nuisance  in  the
    30  housing accommodation;
    31    (iv) where the tenant's occupancy or use or permitted use of the hous-
    32  ing accommodation is in violation of the law; or
    33    (v) where the tenant has unreasonably refused the landlord's access to
    34  the housing accommodation for the purpose of making repairs and improve-
    35  ments.
    36    (b) A rent increase is presumed to be unreasonable and not a basis for
    37  eviction  if  it  exceeds  either  three  percent of the previous rental
    38  amount or one and one-half times the annual  percentage  change  in  the
    39  consumer price index for the relevant region, whichever is higher.
    40    9.  The  authority, in consultation with the department of corrections
    41  and community supervision, shall include requirements that to be  eligi-
    42  ble  for receiving funds over fifty thousand dollars under this program,
    43  all work done in the procurement and  installation  of  non-fossil  fuel
    44  heating  and  cooling systems on state-owned properties or in properties
    45  that receive subsidies from the state  shall,  to  the  greatest  extent
    46  possible,  provide training and hiring of formerly-incarcerated individ-
    47  uals.
    48    10. (a) Nothing in this program shall alter the  rights  or  benefits,
    49  privileges, including but not limited to terms and conditions of employ-
    50  ment,  civil  service status, and collective bargaining unit membership,
    51  of any current employees of the authority.
    52    (b) Nothing in this  program  shall  result  in:  (i)  the  discharge,
    53  displacement,  or  loss of position, including partial displacement such
    54  as a reduction in hours of non-overtime work, wages, or employment bene-
    55  fits; (ii) the impairment of existing collective bargaining  agreements;
    56  or (iii) the transfer of existing duties and functions.

        S. 3476--A                          4
 
     1    11. The authority shall ensure that the bucks for boilers program does
     2  not enable landlords to shift energy costs to their tenants by requiring
     3  tenants  to pay for heating costs after electrification where such land-
     4  lords had been paying tenants' heating costs prior to electrification.
     5    12.  The authority shall issue relevant guidance for providing funding
     6  under this program, including but not limited to  guidance  on  programs
     7  offered by the authority which provide funding to assist with compliance
     8  with  changes  in  subdivisions seven and eight of section 11-104 of the
     9  energy law made by the chapter of the laws of two  thousand  twenty-five
    10  that  added  this  section.    The authority shall make such information
    11  available by engaging and paying for large-scale advertising,  mailings,
    12  door-to-door canvassing, community outreach, programming in schools, and
    13  anything else the authority deems necessary and reasonable to ensure the
    14  public  is  fully aware and that a wide understanding that such programs
    15  exist, including rights and responsibilities of landlords  and  tenants,
    16  is achieved in the public in all regions and demographics of the state.
    17    13.  Using funds made available from the bucks for boilers fund as set
    18  forth in section ninety-nine-ss of the state finance law, the  authority
    19  shall  administer  a program to provide grants, loans or other services,
    20  based on standards and guidelines established by the authority, for  the
    21  costs  related to enabling fuel-switching for residences with propane or
    22  fuel-oil heating systems to efficient electric heat pumps, including but
    23  not limited to, clean energy measures, energy efficiency measures, resi-
    24  liency measures, heating and  cooling,  health  and  safety,  and  other
    25  related  energy  improvements  and  expenses,  as well as to ensure such
    26  housing is in a state of good repair.
    27    § 3. Section 1854 of the public authorities law is amended by adding a
    28  new subdivision 27 to read as follows:
    29    27. All revenues generated pursuant to regulations or actions taken by
    30  the department of public service, the authority or any other state enti-
    31  ty, pursuant to section eighteen  hundred  eighty-five  of  this  title,
    32  shall be placed into a segregated authority funding account, established
    33  pursuant  to  section  eighteen  hundred sixty-a of this title, prior to
    34  programmatic or administrative allocation, and shall not  be  commingled
    35  with  other  authority  funds.  Within  thirty days following receipt of
    36  revenues generated  pursuant  to  regulations  or  actions  pursuant  to
    37  section  eighteen hundred eighty-five of this title, the authority shall
    38  transfer from such segregated authority funding account to the bucks for
    39  boilers fund established pursuant to section ninety-nine-ss of the state
    40  finance law.
    41    § 4. The state finance law is amended by adding a new section 99-ss to
    42  read as follows:
    43    § 99-ss. Bucks for boilers fund. 1. There is hereby established in the
    44  joint custody of the commissioner of taxation and finance and the  state
    45  comptroller a special fund to be known as the "bucks for boilers fund".
    46    2.  (a) The bucks for boilers fund shall consist of moneys received by
    47  the state pursuant  to  subdivision  twenty-seven  of  section  eighteen
    48  hundred  fifty-four  of the public authorities law, and all other moneys
    49  appropriated, credited, or transferred thereto from any  other  fund  or
    50  source  pursuant  to  law  including  the annual deposit of four billion
    51  dollars by the president of the  New  York  state  energy  research  and
    52  development  authority.  Moneys of the account shall be expended for the
    53  purposes of  providing  up-front  financial  assistance  to  residential
    54  building  owners  and  renters  to convert their existing space or water
    55  heating equipment to energy efficient zero-emissions equipment or build-
    56  ing systems and energy efficiency and resiliency measures including  but

        S. 3476--A                          5
 
     1  not  limited to: (i) purposes which are consistent with the scoping plan
     2  prepared pursuant to section 75-0103 of the  environmental  conservation
     3  law;  (ii)  measures  which  prioritize such conversions and measures in
     4  disadvantaged  communities;  (iii) measures which prioritize residential
     5  buildings on delivered fuels such  as  propane  and  heating  oil;  (iv)
     6  financial  assistance for the cost of upgrading dilapidated housing to a
     7  state of good repair; (v) removal of fossil  fuel  combustion  equipment
     8  and  building systems; and (vi) administrative and implementation costs,
     9  program design, and other associated costs.
    10    (b) Moneys of such account shall not be expended for the purposes  of:
    11  (i)  providing  financial  assistance  to residential building owners or
    12  renters to convert their existing space or water  heating  equipment  to
    13  electric  resistance  or  biofuel  equipment;  (ii)  the installation or
    14  purchase of carbon capture  technologies  or  equipment;  or  (iii)  the
    15  installation or purchase of energy efficient gas boilers.
    16    3.  Moneys  in  the bucks for boilers fund shall be kept separate from
    17  and shall not be commingled with any other moneys in the custody of  the
    18  comptroller  or  the  commissioner  of  taxation  and finance. Provided,
    19  however, that any moneys of the fund not required for immediate use may,
    20  at the discretion of the comptroller, in consultation with the  director
    21  of  the  division of the budget, be invested by the comptroller in obli-
    22  gations of the United States or of the state. The proceeds of  any  such
    23  investment  shall  be  retained  by  the  fund  as assets to be used for
    24  purposes of the fund.
    25    § 5. Subdivision 6 of section 11-104 of the energy law is  amended  by
    26  adding a new paragraph (c) to read as follows:
    27    (c)  In  addition  to  paragraphs  (a) and (b) of this subdivision, to
    28  support the goal of zero  on-site  greenhouse  gas  emissions  and  help
    29  achieve  the  state's clean energy and climate agenda, including but not
    30  limited to greenhouse gas reduction requirements set forth within  chap-
    31  ter  one hundred six of the laws of two thousand nineteen, also known as
    32  the New York state climate leadership and community protection act,  the
    33  code  shall  prohibit prohibited emissions, in any existing building not
    34  more than seven stories in height, except  for  existing  commercial  or
    35  industrial  buildings  greater  than one hundred thousand square feet in
    36  conditioned floor area, on or after December thirty-first, two  thousand
    37  twenty-nine,  and  the  code shall prohibit prohibited emissions, in all
    38  existing buildings after December  thirty-first,  two  thousand  thirty-
    39  four.
    40    §  6.  Paragraph  (b) of subdivision 7 of section 11-104 of the energy
    41  law, as added by section 1 of part RR of chapter 56 of the laws of 2023,
    42  is amended and a new paragraph (a-1) is added to read as follows:
    43    (a-1) The provisions set forth in paragraph (c) of subdivision six  of
    44  this section shall not be construed as prohibiting the continued use and
    45  maintenance  of fossil-fuel equipment and building systems, including as
    46  related to cooking equipment, installed prior to the effective  date  of
    47  the applicable prohibition.
    48    (b)  In  addition,  in effectuating the provisions set forth in [para-
    49  graph] paragraphs (b) and (c) of subdivision six  of  this  section  the
    50  code  shall  include  exemptions for the purposes of allowing prohibited
    51  emissions and the installation and  use  of  fossil-fuel  equipment  and
    52  building systems where such are installed and used:
    53    (i)  for  generation  of  emergency  back-up  power  and standby power
    54  systems;
    55    (ii) in a manufactured home as defined in subdivision seven of section
    56  six hundred one of the executive law; or

        S. 3476--A                          6
 
     1    (iii) in a building or part of a building that is used as  a  manufac-
     2  turing  facility,  commercial  food establishment, laboratory, car wash,
     3  laundromat, hospital, other medical facility,  critical  infrastructure,
     4  including but not limited to emergency management facilities, wastewater
     5  treatment  facilities, and water treatment and pumping facilities, agri-
     6  cultural building, fuel cell system, or crematorium, as such  terms  are
     7  defined by the code council.
     8    §  7.  Subdivision 8 of section 11-104 of the energy law is amended by
     9  adding a new paragraph (c) to read as follows:
    10    (c) "Prohibited emissions" shall  mean  the  emission  of  twenty-five
    11  kilograms or more of carbon dioxide per million British thermal units of
    12  energy,  as  determined by the United States energy information adminis-
    13  tration, provided however, the emission of twenty-five kilograms or more
    14  of carbon dioxide per million British thermal units of  energy  or  more
    15  shall  not  mean  "prohibited  emissions"  where such emissions occur in
    16  connection with a device that contains no connection to a building's gas
    17  supply line or fuel oil piping system, is used on an intermittent basis,
    18  and is not used to supply a building with heat or hot water.
    19    § 8. Paragraphs c and e of subdivision 19 of section 378 of the execu-
    20  tive law, as added by section 3 of part RR  of chapter 56 of the laws of
    21  2023, are amended and two new paragraphs a-1 and b-1 are added  to  read
    22  as follows:
    23    a-1.  To  support  the  goal  of  zero  on-site gas emissions and help
    24  achieve the state's clean energy and climate agenda, including  but  not
    25  limited  to greenhouse gas reduction requirements set forth within chap-
    26  ter one hundred six of the laws of two thousand nineteen, also known  as
    27  the  New York state climate leadership and community protection act, the
    28  uniform code shall prohibit prohibited emissions, in any existing build-
    29  ing not more than seven stories in height, except for  existing  commer-
    30  cial  or  industrial  buildings greater than one hundred thousand square
    31  feet in conditioned floor area, on or after December  thirty-first,  two
    32  thousand  twenty-nine,  and  the  uniform code shall prohibit prohibited
    33  emissions, in all existing buildings on or after December  thirty-first,
    34  two thousand thirty-four.
    35    b-1.  The  provisions  set  forth in paragraph a-1 of this subdivision
    36  shall not be construed as prohibiting the continued use and  maintenance
    37  of  fossil-fuel  equipment and building systems, including as related to
    38  cooking equipment, installed prior to the effective date of the applica-
    39  ble prohibition.
    40    c. In addition, in effectuating the provisions  set  forth  in  [para-
    41  graph]  paragraphs  a and a-1 of this subdivision the code shall include
    42  exemptions for the purposes of allowing  prohibited  emissions  and  the
    43  installation and use of fossil-fuel equipment and building systems where
    44  such systems are installed and used:
    45    (i)  for  generation  of  emergency  back-up  power  and standby power
    46  systems;
    47    (ii) in a manufactured home as defined in subdivision seven of section
    48  six hundred one of [the executive law] this chapter; or
    49    (iii) in a building or part of a building that is used as  a  manufac-
    50  turing  facility,  commercial  food establishment, laboratory, car wash,
    51  laundromat, hospital, other medical facility,  critical  infrastructure,
    52  including but not limited to emergency management facilities, wastewater
    53  treatment  facilities, and water treatment and pumping facilities, agri-
    54  cultural building, fuel cell system, or crematorium, as such  terms  are
    55  defined by the code council.

        S. 3476--A                          7
 
     1    e.  Exemptions  included in the uniform code pursuant to this subdivi-
     2  sion shall be periodically reviewed by  the  code  council  to  [assure]
     3  ensure  that  they  continue  to  effectuate the purposes of [paragraph]
     4  paragraphs a and a-1 of this subdivision and subparagraph three of para-
     5  graph  b of subdivision two of section three hundred seventy-one of this
     6  article to the fullest extent feasible.
     7    § 9. Paragraph g of subdivision 19 of section 378 of the executive law
     8  is amended by adding a new subparagraph (iii) to read as follows:
     9    (iii) "Prohibited emissions" shall mean the  emission  of  twenty-five
    10  kilograms or more of carbon dioxide per million British thermal units of
    11  energy,  as  determined  by the United State energy information adminis-
    12  tration, provided however, the emission of twenty-five kilograms or more
    13  of carbon dioxide per million British thermal units of  energy  or  more
    14  shall  not  mean  "prohibited  emissions"  where such emissions occur in
    15  connection with a device that contains no connection to a building's gas
    16  supply line or fuel oil piping system, is used on an intermittent basis,
    17  and is not used to supply a building with heat or hot water.
    18    § 10. Section 224-f of the labor law, as amended by chapter 100 of the
    19  laws of 2025, is amended to read as follows:
    20    § 224-f. Wage requirements for certain climate risk-related and energy
    21  transition projects and bucks for boilers projects.  1. For purposes  of
    22  this  section,  a  "covered  climate  risk-related and energy transition
    23  project" means a construction project that receives at least one hundred
    24  thousand dollars of funds from the New York climate action fund  climate
    25  investment account established pursuant to section ninety-nine-qq of the
    26  state  finance  law  or  the  climate change adaptation fund established
    27  pursuant to section ninety-seven-m  of  the  state  finance  law  and  a
    28  "covered  bucks  for  boilers project" means a construction project that
    29  receives at least one hundred thousand dollars of funds from  the  bucks
    30  for  boilers  fund established pursuant to section ninety-nine-ss of the
    31  state finance law.
    32    2. A covered climate risk-related and energy transition project and  a
    33  covered  bucks  for  boilers project shall be subject to prevailing wage
    34  requirements in accordance with sections two hundred twenty, two hundred
    35  twenty-a, two hundred twenty-b, two hundred twenty-i, two hundred  twen-
    36  ty-three, and two hundred twenty-four-b of this article, provided that a
    37  covered climate risk-related and energy transition project and a covered
    38  bucks  for  boilers  project may still otherwise be considered a covered
    39  project pursuant to section two hundred twenty or  two  hundred  twenty-
    40  four-a of this article if it meets the definition therein.
    41    3.  For  purposes  of this section, a covered climate risk-related and
    42  energy transition project and a covered bucks for boilers project  shall
    43  exclude:
    44    a.  Privately  owned  construction  work  performed  under  a pre-hire
    45  collective bargaining agreement between an owner or developer and a bona
    46  fide building and  construction  trades  labor  organization  which  has
    47  established  itself, and/or its affiliates, as the collective bargaining
    48  representative for all persons who will perform work on such a  project,
    49  and  which  provides that only contractors and subcontractors who sign a
    50  pre-negotiated agreement with the labor organization can perform work on
    51  such a project; or
    52    b. Construction work on one- or two-family dwellings where the proper-
    53  ty is the owner's primary residence, or construction work  performed  on
    54  property where the owner of the property owns no more than four dwelling
    55  units; or

        S. 3476--A                          8
 
     1    c.  Construction  work performed on a multiple residence and/or ancil-
     2  lary amenities or installations that is wholly privately owned in any of
     3  the following circumstances:
     4    (i)  where  no  less than twenty-five percent of the residential units
     5  are affordable and shall be retained subject to an anticipated regulato-
     6  ry agreement with a local, state, or federal governmental entity,  or  a
     7  not-for-profit entity with an anticipated formal agreement with a local,
     8  state, or federal governmental entity for purposes of providing afforda-
     9  ble  housing  in  a given locality or region provided that the period of
    10  affordability  for  a  residential  unit  deemed  affordable  under  the
    11  provisions  of  this  paragraph  shall be for no less than fifteen years
    12  from the date of construction; or
    13    (ii) where no less than thirty-five percent of the  residential  units
    14  involves  the  provision  of  supportive housing services for vulnerable
    15  populations provided that such units are subject to an anticipated regu-
    16  latory agreement with a local, state, or federal governmental entity.
    17    4. As a condition of receiving funds from the New York climate  action
    18  fund  climate investment account established pursuant to section ninety-
    19  nine-qq of the state finance law or from the climate  change  adaptation
    20  fund established pursuant to section ninety-seven-m of the state finance
    21  law  for a covered climate risk-related and energy transition project or
    22  the bucks for boilers fund established pursuant to section  ninety-nine-
    23  ss of the state finance law for a covered bucks for boilers project, the
    24  owner or developer of such covered climate risk-related and energy tran-
    25  sition  project  or  covered bucks for boilers project, or a third party
    26  acting on such owner's or developer's behalf, shall agree to enter  into
    27  a  labor  peace agreement with at least one bona fide labor organization
    28  either:
    29    a. where such bona fide labor organization  is  actively  representing
    30  non-construction  employees  who  will  be  working  within  the covered
    31  climate risk-related and energy transition project or covered bucks  for
    32  boilers project once built; or
    33    b. upon notice by a bona fide labor organization that is attempting to
    34  represent such non-construction employees.
    35    5.  For  purposes  of  this  section  "labor peace agreement" means an
    36  agreement between an owner and/or developer and labor organization that,
    37  at a minimum, protects the state's proprietary interests by  prohibiting
    38  labor  organizations  and members from engaging in picketing, work stop-
    39  pages, boycotts, and any other economic interference.
    40    6. The owner or developer using funds from the New York climate action
    41  fund climate investment account established pursuant to section  ninety-
    42  nine-qq  of  the state finance law or from the climate change adaptation
    43  fund established pursuant to section ninety-seven-m of the state finance
    44  law for a covered climate risk-related and energy transition project  or
    45  the  bucks for boilers fund established pursuant to section ninety-nine-
    46  ss of the state finance law for a  covered  bucks  for  boilers  project
    47  pursuant to this section shall:
    48    a.  require the use of apprenticeship agreements as defined by article
    49  twenty-three of this chapter; or for industries  without  apprenticeship
    50  programs,  require the use of workforce training, preferably in conjunc-
    51  tion with a bona fide labor organization; and
    52    b. consider use of registered pre-apprenticeship direct entry programs
    53  for the recruitment of local and/or disadvantaged workers.
    54    7. For purposes of this section, the "fiscal officer" shall be  deemed
    55  to  be the commissioner. The enforcement of any covered climate risk-re-
    56  lated and energy transition project or covered bucks for boilers project

        S. 3476--A                          9
 
     1  under this section shall be subject to the requirements of sections  two
     2  hundred  twenty, two hundred twenty-a, two hundred twenty-b, two hundred
     3  twenty-i, two hundred twenty-three, two hundred  twenty-four-b  of  this
     4  article, and section two hundred twenty-seven of this chapter and within
     5  the  jurisdiction  of  the  fiscal  officer;  provided, however, nothing
     6  contained in this section  shall  be  deemed  to  construe  any  covered
     7  climate  risk-related and energy transition project or covered bucks for
     8  boilers project as otherwise being considered public  work  pursuant  to
     9  this article.
    10    8.  The  fiscal  officer may issue rules and regulations governing the
    11  provisions of this section. Violations of this section shall be  grounds
    12  for  determinations  and orders pursuant to section two hundred twenty-b
    13  of this article.
    14    9. For any building service work on a covered climate risk-related and
    15  energy transition project or covered bucks for boilers project, prevail-
    16  ing wage shall be paid consistent with article nine of this chapter.
    17    10. Any public entity receiving at least five million dollars in funds
    18  from the New York climate action fund climate investment account  estab-
    19  lished  pursuant  to  section ninety-nine-qq of the state finance law or
    20  from the climate change adaptation fund established pursuant to  section
    21  ninety-seven-m  of  the  state finance law or the bucks for boilers fund
    22  established pursuant to section ninety-nine-ss of the state finance  law
    23  for  a  project  which involves the construction, reconstruction, alter-
    24  ation, maintenance, moving, demolition, excavation, development or other
    25  improvement of any building, structure or  land,  shall  be  subject  to
    26  section two hundred twenty-two of this article.
    27    §  11.  Subdivision (a) of section 10-b of section 4 of chapter 576 of
    28  the laws of 1974, constituting the emergency tenant  protection  act  of
    29  nineteen  seventy-four,  is amended by adding a new paragraph 14 to read
    30  as follows:
    31    14. (i) prohibit temporary major  capital  improvement  increases  and
    32  individual  apartment  improvement  increases  for buildings undertaking
    33  energy  efficiency,  boiler,  furnace,  stove  replacements,  electrical
    34  panel, electrical wiring or related work pursuant to the bucks for boil-
    35  ers program established pursuant to section eighteen hundred eighty-five
    36  of the public authorities law; and
    37    (ii)  require  the  extension of the lease of tenants for no less than
    38  five years following the completion of work under such program.
    39    § 12. This act shall take effect immediately.
Go to top