Rpld & add Art 75 §§75-0101 - 75-0103, amd §§8-0105, 54-1511, 70-0118, 76-0101, 76-0103, 27-1405 & 58-0101,
En Con L; rpld §66-p, amd §§66-t, 66-r & 137, Pub Serv L; amd §§4-207.1 & 25-120, NYC Ad Cd; amd §§1005 &
1911, rpld §1005 sub 27-c ¶(a), §1854 subs 24 - 26, Pub Auth L; rpld §99-qq, St Fin L; amd §§16-102 & 16-106,
Energy L; amd §207, Pub Health L; amd §64-e, Town L; amd §854, Gen Muni L; amd §224-d, Lab L
Repeals the New York state climate leadership and community protection act and establishes the nineteen member common sense energy council which will prepare and approve recommendations for achieving affordable and attainable statewide greenhouse gas reductions; requires a statewide greenhouse gas emissions report by the department of environmental conservation; makes technical corrections thereto.
STATE OF NEW YORK
________________________________________________________________________
8669
IN SENATE
January 7, 2026
___________
Introduced by Sen. ASHBY -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to the
thriving reliable inexpensive versatile energy council which will
prepare and approve recommendations for achieving affordable and
attainable statewide greenhouse gas reductions; to amend the environ-
mental conservation law, the administrative code of the city of New
York, the energy law, the public authorities law, the public service
law, the public health law, the town law, the general municipal law,
and the labor law, in relation to making technical corrections there-
to; to repeal article 75 of the environmental conservation law relat-
ing to climate change; to repeal section 66-p of the public service
law relating to the establishment of a renewable energy program; to
repeal section 99-qq of the state finance law, relating to the New
York climate action fund; and to repeal certain provisions of the
public authorities law, relating to the New York state energy research
and development authority
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2 REPEALED and a new article 75 is added to read as follows:
3 ARTICLE 75
4 THRIVING RELIABLE INEXPENSIVE VERSATILE ENERGY COUNCIL
5 Section 75-0101. Thriving reliable inexpensive versatile energy council.
6 75-0103. Statewide greenhouse gas emissions report.
7 § 75-0101. Thriving reliable inexpensive versatile energy council.
8 1. There is hereby established the thriving reliable inexpensive
9 versatile energy council ("council") which shall consist of the follow-
10 ing nineteen members:
11 a. the commissioners of economic development, environmental conserva-
12 tion, the chair of the public service commission, the president of the
13 New York state energy research and development authority; New York power
14 authority; Long Island power authority; and New York Independent System
15 Operator; or their designees;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14020-04-5
S. 8669 2
1 b. three members to be appointed by the temporary president of the
2 senate;
3 c. three members to be appointed by the speaker of the assembly;
4 d. three members to be appointed by the minority leader of the senate;
5 and
6 e. three members to be appointed by the minority leader of the assem-
7 bly.
8 2. The at large members shall include at all times individuals with
9 expertise in the following areas: business, energy production, manufac-
10 turing, construction, labor, transportation, agriculture and a local
11 government official.
12 3. Council members shall receive no compensation for their services
13 but shall be reimbursed for actual and necessary expenses incurred in
14 the performance of their duties.
15 4. The co-chairs of the council shall be the chair of the public
16 service commission and the president of the New York independent system
17 operator; or their designee.
18 5. Each member of the council shall be entitled to one vote. The coun-
19 cil's approval and adoption of the final scoping plan pursuant to this
20 section, and any subsequent interim updates thereto, shall require a
21 supermajority of the council. No action may be taken by the council
22 unless there is a quorum, which shall at all times be a majority of the
23 members of the council.
24 6. Any vacancies on the council shall be filled in the manner provided
25 for in the initial appointment.
26 7. The council shall convene advisory panels requiring special exper-
27 tise and, at a minimum, shall establish advisory panels on energy
28 affordability, transportation, energy intensive and trade-exposed indus-
29 tries, land-use and local government, energy efficiency and construction
30 costs, power generation, energy grid reliability and agriculture. Where
31 applicable, advisory panels may provide recommendations for upstate
32 versus downstate and provide cost-benefit analysis to support each
33 regional policy distinction. The purpose of the advisory panels shall be
34 to provide recommendations to the council on specific topics, in the
35 preparation of the scoping plan, and interim updates to the scoping
36 plan, and in fulfilling the council's ongoing duties.
37 a. Each advisory panel shall be chaired by the relevant at large
38 member or designee. The council may convene and dissolve additional
39 advisory panels, in its sole discretion, and pursuant to the require-
40 ments herein.
41 b. Advisory panels shall be comprised of no more than five voting
42 members. The council shall elect advisory panel members, and such
43 membership shall at all times represent individuals with direct involve-
44 ment or expertise in matters to be addressed by the advisory panels
45 pursuant to this section.
46 c. Advisory panels shall work directly with the council on the prepa-
47 ration of the scoping plan pursuant to this section.
48 8. The council shall, within two years of the effective date of this
49 article, prepare and approve a scoping plan that outlines recommenda-
50 tions for achieving affordable and attainable statewide greenhouse gas
51 reductions. The plan shall include proposed legislative and regulatory
52 actions and must incorporate a detailed cost-benefit analysis, that
53 includes a breakout of state, utility, and consumer projected costs.
54 Each recommendation shall be demonstrated to be cost-effective. For the
55 purposes of this article, cost-effective shall mean the proposed legis-
56 lative and regulatory actions must not increase the per-kilowatt hour
S. 8669 3
1 price of electricity by more than the national average annual increase
2 in the per-kilowatt hour price of electricity. The scoping plan shall
3 include recommendations extending through at least the year two thousand
4 forty. The first state energy plan issued after completion of the scop-
5 ing plan required by this section shall incorporate the council's recom-
6 mendations.
7 9. a. The council shall hold at least one public comment hearing on
8 the draft scoping plan in each of the empire state development regions
9 and shall allow at least one hundred twenty days for the submission of
10 public comment.
11 b. The council shall provide meaningful opportunities for public
12 comment from all segments of the population that will be impacted by the
13 plan.
14 c. On or before three years of the effective date of this article, the
15 council shall submit the final scoping plan to the governor, the speaker
16 of the assembly and the temporary president of the senate, the minority
17 leader of the senate and the minority leader of the assembly and post
18 such plan on its website.
19 10. The scoping plan shall identify and make recommendations on regu-
20 latory measures, legislation and other state actions that will ensure
21 affordable and attainable statewide greenhouse gas reductions. The meas-
22 ures and actions considered in such scoping plan shall at a minimum
23 include:
24 a. Measures to ensure the state uses affordable, reliable sources of
25 energy such as, among others, hydro, nuclear, clean natural gas, along
26 with wind and solar;
27 b. Measures to ensure local input is considered during the siting
28 process of energy facilities;
29 c. Measures to ensure the electric grid maintains reliability;
30 d. Measures to ensure energy and utility costs are affordable;
31 e. Measures to reduce emissions using energy efficiency that are cost
32 effective;
33 f. Measures that provide consumer choice;
34 g. Land-use and transportation planning measures aimed at reducing
35 greenhouse gas emissions from motor vehicles; and
36 h. Recommendations to aid in the transition of the state workforce.
37 11. The council shall update its plan for achieving affordable and
38 attainable statewide greenhouse gas reductions at least once every five
39 years and shall make such updates available to the governor, the speaker
40 of the assembly, the temporary president of the senate, the minority
41 leader of the senate, the minority leader of the assembly and post such
42 updates on its website.
43 § 75-0103. Statewide greenhouse gas emissions report.
44 No later than two years after the effective date of this article, and
45 every two years thereafter, the department shall issue a report on
46 statewide greenhouse gas emissions, expressed in tons of carbon dioxide
47 equivalents, from all greenhouse gas emission sources in the state.
48 § 2. Section 66-p of the public service law is REPEALED.
49 § 3. Subdivision c of section 4-207.1 of the administrative code of
50 the city of New York, as added by local law 99 for the year 2024, is
51 amended to read as follows:
52 c. In meeting the requirements of subdivision b of this section, the
53 department shall prioritize the installation of photovoltaic systems in
54 disadvantaged communities, as defined by section [75-0101] 8-0105 of the
55 environmental conservation law.
S. 8669 4
1 § 4. Subdivision 18-a of section 16-102 of the energy law, as added by
2 chapter 374 of the laws of 2022, is amended to read as follows:
3 18-a. "Greenhouse gas" means ["greenhouse gas" as defined in subdivi-
4 sion seven of section 75-0101 of the environmental conservation law]
5 carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluoro-
6 carbons, sulfur hexafluoride, and any other substance emitted into the
7 air that may be reasonably anticipated to cause or contribute to anthro-
8 pogenic climate change.
9 § 5. Subdivision 9 of section 8-0105 of the environmental conservation
10 law, as added by chapter 840 of the laws of 2022, is amended to read as
11 follows:
12 9. "Disadvantaged community" [shall have the same meaning as subdivi-
13 sion five of section 75-0101 of this chapter] means communities that
14 bear burdens of negative public health effects, environmental pollution,
15 impacts of climate change, and possess certain socioeconomic criteria,
16 or comprise high-concentrations of low- and moderate- income households.
17 § 6. Subdivision 3 of section 54-1511 of the environmental conserva-
18 tion law, as amended by section 1 of part S of chapter 58 of the laws of
19 2024, is amended to read as follows:
20 3. State assistance payments shall not exceed fifty percent of the
21 project cost or two million dollars, whichever is less, provided however
22 if a municipality meets criteria established by the department relating
23 to either financial hardship or disadvantaged communities pursuant to
24 section [75-0101] 8-0105 of this chapter, the commissioner may authorize
25 state assistance payments of up to eighty percent of the project cost or
26 two million dollars, whichever is less. Such costs are subject to final
27 computation and determination by the commissioner upon completion of the
28 project, and shall not exceed the maximum eligible cost set forth in the
29 contract. A determination of financial hardship shall be based on crite-
30 ria that clearly indicates that the municipality is experiencing signif-
31 icant and widespread financial distress, with primary consideration
32 given to whether a municipality has a median household income at or
33 below eighty percent of the state median household income.
34 § 7. Paragraph (a) of subdivision 1 of section 70-0118 of the environ-
35 mental conservation law, as amended by chapter 49 of the laws of 2023,
36 is amended to read as follows:
37 (a) "Disadvantaged communities" shall have the same meaning as subdi-
38 vision [five] nine of section [75-0101] 8-0105 of this chapter.
39 § 8. Paragraph (a) of subdivision 5 of section 70-0118 of the environ-
40 mental conservation law, as added by chapter 49 of the laws of 2023, is
41 amended to read as follows:
42 (a) relevant baseline data on existing burdens, including from rele-
43 vant criteria used to designate the particular disadvantaged communities
44 [pursuant to subdivision one of section 75-0111 of this chapter];
45 § 9. Subdivision 8 of section 76-0101 of the environmental conserva-
46 tion law, as amended by chapter 100 of the laws of 2025, is amended to
47 read as follows:
48 8. "Covered greenhouse gas emissions" means, with respect to any enti-
49 ty, the total quantity of greenhouse gas emissions, expressed in metric
50 tons of carbon dioxide equivalent, [as defined in section 75-0101 of
51 this chapter,] attributable to the total amount of fossil fuels
52 extracted by that entity during the covered period, as well as the total
53 amount of crude oil refined by that entity during the covered period.
54 For the purposes of this article, covered greenhouse gas emissions
55 include those emissions attributable to all fossil fuel extraction and
S. 8669 5
1 refining worldwide by such entity and are not limited to such emissions
2 within the state.
3 § 10. Paragraph g of subdivision 2 of section 76-0103 of the environ-
4 mental conservation law, as amended by chapter 100 of the laws of 2025,
5 is amended to read as follows:
6 g. To allocate funds in such a way as to achieve a goal that at least
7 forty percent of the qualified expenditures from the program, but not
8 less than thirty-five percent of such expenditures, shall go to climate
9 change adaptive infrastructure projects that benefit disadvantaged
10 communities as defined in section [75-0101] 8-0105 of this chapter.
11 § 11. Paragraph (d) of subdivision 27-a of section 1005 of the public
12 authorities law, as amended by section 28 of part O of chapter 58 of the
13 laws of 2024, is amended to read as follows:
14 (d) No later than one hundred eighty days after the effective date of
15 this subdivision, and annually thereafter, the authority shall confer
16 with the New York state energy research and development authority, the
17 department of public service, climate and resiliency experts, labor
18 organizations, and environmental justice and community organizations
19 concerning the state's progress on meeting [the] certain renewable ener-
20 gy goals [established by the climate leadership and community protection
21 act. When exercising the authority provided for in paragraph (a) of this
22 subdivision, the information developed through such conferral shall be
23 used to identify projects to help ensure that the state meets its goals
24 under the climate leadership and community protection act]. Any confer-
25 ral provided for in this paragraph shall include consideration of the
26 timing of projects in the interconnection queue of the federally desig-
27 nated electric bulk system operator for New York state, taking into
28 account both capacity factors or planned projects and the intercon-
29 nection queue's historical completion rate. A report on the information
30 developed through such conferral shall be published and made accessible
31 on the website of the authority.
32 § 11-a. Paragraph (d) of subdivision 27-a of section 1005 of the
33 public authorities law, as added by section 1 of part QQ of chapter 56
34 of the laws of 2023, is amended to read as follows:
35 (d) No later than one hundred eighty days after the effective date of
36 this subdivision, and annually thereafter, the authority shall confer
37 with the New York state energy research and development authority, the
38 office of renewable energy siting, the department of public service,
39 climate and resiliency experts, labor organizations, and environmental
40 justice and community organizations concerning the state's progress on
41 meeting [the] certain renewable energy goals [established by the climate
42 leadership and community protection act]. When exercising the authority
43 provided for in paragraph (a) of this subdivision, the information
44 developed through such conferral shall be used to identify projects to
45 help ensure that the state meets its goals under the climate leadership
46 and community protection act. Any conferral provided for in this para-
47 graph shall include consideration of the timing of projects in the
48 interconnection queue of the federally designated electric bulk system
49 operator for New York state, taking into account both capacity factors
50 or planned projects and the interconnection queue's historical
51 completion rate. A report on the information developed through such
52 conferral shall be published and made accessible on the website of the
53 authority.
54 § 11-b. Paragraph (a) of subdivision 27-b of section 1005 of the
55 public authorities law, as added by section 2 of part QQ of chapter 56
56 of the laws of 2023, is amended to read as follows:
S. 8669 6
1 (a) Definitions. For purposes of this subdivision, the following terms
2 shall have the following meanings:
3 (i) "bill credit" means a monthly monetary credit which is funded by
4 the authority, as further determined by the public service commission
5 and appears on the utility bill of a low-income or moderate-income end-
6 use electricity consumer located in a disadvantaged community, for
7 renewable energy produced by renewable energy systems developed,
8 constructed, owned, or contracted for by the power authority of the
9 state of New York and injected into a distribution or transmission
10 facility at one or more points in New York state, together with any
11 enhanced incentive payments for a community distributed generation
12 project serving a disadvantaged community provided for in [paragraph (b)
13 of] subdivision [seven] nine of section [sixty-six-p] 8-0105 of the
14 [public service] environmental conservation law, together with any other
15 funding made available by the authority for such purposes;
16 (ii) "disadvantaged community" means a community defined as a disad-
17 vantaged community in accordance with [article seventy-five] section
18 8-0105 of the environmental conservation law;
19 (iii) "jurisdictional load serving entity" has the same meaning as
20 defined in paragraph (a) of subdivision one of section sixty-six-p of
21 the public service law;
22 (iv) ["low-income or moderate-income end-use consumer" shall mean
23 end-use customers of electric corporations and combination gas and elec-
24 tric corporations regulated by the public service commission whose
25 income is found to be below the state median income based on household
26 size;
27 (v)] "renewable energy" means electrical energy produced by a renewa-
28 ble energy system;
29 [(vi)] (v) "renewable energy systems" [has the same meaning as defined
30 in paragraph (b) of subdivision one of section sixty-six-p of the public
31 service law] shall be defined by the public service commission and shall
32 include, but not be limited to, an energy system that uses solar, wind,
33 hydropower, hydrogen, nuclear power, or natural gas as its power source;
34 and
35 [(vii)] (vi) "qualified energy storage system" has the same meaning as
36 defined in subdivision one of section seventy-four of the public service
37 law.
38 § 12. Paragraph (a) of subdivision 27-c of section 1005 of the public
39 authorities law is REPEALED.
40 § 13. Subdivisions 3 and 4 of section 1911 of the public authorities
41 law, subdivision 3 as added by chapter 759 of the laws of 2023 and
42 subdivision 4 as amended by chapter 106 of the laws of 2024, are amended
43 to read as follows:
44 3. "Disadvantaged communities" shall have the same meaning as defined
45 in subdivision [five] nine of section [75-0101] 8-0105 of the environ-
46 mental conservation law.
47 4. "Renewable energy" shall [have the same meaning as defined in
48 section sixty-six-p of the public service law] be defined by the public
49 service commission and shall include, but not be limited to, energy
50 derived from an energy system that uses solar, wind, hydropower, hydro-
51 gen, nuclear power, or natural gas as its power source.
52 § 14. Subdivisions 1 and 2 of section 66-t of the public service law,
53 as added by chapter 375 of the laws of 2022, are amended to read as
54 follows:
55 1. The public service commission shall initiate a proceeding within
56 three months of the effective date of this section to support the devel-
S. 8669 7
1 opment of thermal energy networks [for the purpose of meeting the green-
2 house gas emissions and equity goals of the climate leadership and
3 community protection act]. The matters the commission shall consider in
4 such proceeding shall include, but shall not be limited to, the appro-
5 priate ownership, market, and rate structures for thermal energy
6 networks and whether the provision of thermal energy services by gas
7 and/or electric utilities is in the public interest. The commission
8 shall promulgate rules and regulations within two years to: (a) create
9 fair market access rules for utility-owned thermal energy networks to
10 accept thermal energy [that aligns with the climate justice and green-
11 house gas emissions reductions requirements of the climate leadership
12 and community protection act] and that does not increase greenhouse gas
13 emissions or co-pollutants; (b) exempt small-scale thermal energy
14 networks not owned by utilities from commission regulation; (c) promote
15 the training and transition of utility workers impacted by this [act]
16 section; and (d) encourage third party participation and competition
17 where it will maximize benefits to customers.
18 2. Within three months of the effective date of this section, each of
19 the seven largest gas, electric, or combination gas and electric corpo-
20 rations shall submit to the commission for review and approval at least
21 one and as many as five proposed pilot thermal energy network projects.
22 In developing the pilot project proposals, at least one pilot project in
23 each utility territory shall be proposed in a disadvantaged community as
24 defined in subdivision [five] nine of section [75-0101] 8-0105 of the
25 environmental conservation law, and if a utility proposes four or more
26 pilot projects, at least two shall be proposed in disadvantaged communi-
27 ties. Each utility shall coordinate with other utility participants, the
28 New York state energy research and development authority, and consult-
29 ants with expertise on successful pilot projects to ensure that the
30 pilot projects are diverse and designed to inform the commission's deci-
31 sions in the proceeding on the various ownership, market, and rate
32 structures for thermal energy networks. The pilot project proposals
33 shall include specific customer protection plans and shall be made
34 publicly available on the commission's website and shall be subject to a
35 public comment period of no less than thirty days. Within six months of
36 the effective date of this section, the commission shall determine
37 whether it is in the public interest to approve or modify such pilot
38 thermal energy network projects and shall issue an order directing each
39 gas, electric or combination gas and electric corporation to implement
40 such proposed or modified pilot thermal energy network projects. In
41 considering whether pilot thermal energy network projects are in the
42 public interest, the commission shall consider whether the pilot project
43 will develop information useful for the commission's promulgation of
44 regulations governing thermal energy networks, [whether the pilot
45 project furthers the climate justice and/or emissions reduction mandates
46 of the climate leadership and community protection act,] whether the
47 pilot project advances financial and technical approaches to equitable
48 and affordable building electrification, and whether the pilot project
49 creates benefits to customers and society at large, including but not
50 limited to public health benefits in areas with disproportionate envi-
51 ronmental or public health burdens, job retention/creation, reliability,
52 and increased affordability of renewable thermal energy options.
53 § 15. Section 99-qq of the state finance law, as added by section 2 of
54 part TT of chapter 56 of the laws of 2023, is REPEALED.
55 § 16. Subdivisions 24, 25 and 26 of section 1854 of the public author-
56 ities law are REPEALED.
S. 8669 8
1 § 17. The third undesignated paragraph of subdivision a of section
2 25-120 of the administrative code of the city of New York, as added by
3 local law number 172 for the year 2023, is amended to read as follows:
4 Disadvantaged community. The term "disadvantaged community" means a
5 disadvantaged community identified pursuant to section [75-0111] 8-0105
6 of the environmental conservation law.
7 § 18. Paragraph (d) of subdivision 1 of section 16-106 of the energy
8 law, as added by chapter 374 of the laws of 2022, is amended to read as
9 follows:
10 (d) To adopt regulations to achieve the purposes of this article. Such
11 regulations shall ensure that compliance therewith will not result in a
12 net increase in co-pollutant emissions or otherwise disproportionately
13 burden disadvantaged communities [as identified by the climate justice
14 working group established under section 75-0111 of the environmental
15 conservation law. In order to increase public participation and improve
16 the efficacy of any efficiency standards adopted pursuant to subdivision
17 (b) or (c) of this section, the president shall, before publication of a
18 notice of proposed rule making, conduct public meetings to provide mean-
19 ingful opportunities for public comment from all segments of the popu-
20 lation that would be impacted by the standards or regulations, including
21 persons living in disadvantaged communities as identified by the climate
22 justice working group established under section 75-0111 of the environ-
23 mental conservation law];
24 § 19. Subdivisions 32 and 33 of section 27-1405 of the environmental
25 conservation law, as added by section 1 of part LL of chapter 58 of the
26 laws of 2022, are amended to read as follows:
27 32. "Disadvantaged community" shall mean a community that is identi-
28 fied pursuant to section [75-0111] 8-0105 of this chapter.
29 33. "Renewable energy facility site" shall mean real property: (a)
30 that is used for a renewable energy system[, as defined in section
31 sixty-six-p of the public service law]; or (b) any co-located system
32 storing energy generated from such a renewable energy system prior to
33 delivering it to the bulk transmission, sub-transmission, or distrib-
34 ution system.
35 § 20. Subdivision 4 of section 58-0101 of the environmental conserva-
36 tion law, as amended by section 2 of part OO of chapter 58 of the laws
37 of 2022, is amended to read as follows:
38 4. "Disadvantaged communities" shall mean a community that is identi-
39 fied pursuant to section [75-0111] 8-0105 of this chapter.
40 § 21. Paragraph (a) of subdivision 1 of section 70-0118 of the envi-
41 ronmental conservation law, as amended by chapter 49 of the laws of
42 2023, is amended to read as follows:
43 (a) "Disadvantaged communities" shall have the same meaning as subdi-
44 vision [five] nine of section [75-0101] 8-0105 of this chapter.
45 § 22. Paragraph g of subdivision 2, paragraph d of subdivision 3,
46 paragraph h of subdivision 6, and subdivision 7 of section 76-0103 of
47 the environmental conservation law, paragraph g of subdivision 2, para-
48 graph d of subdivision 3, and paragraph h of subdivision 6 as amended
49 and subdivision 7 as added by chapter 100 of the laws of 2025, are
50 amended to read as follows:
51 g. To allocate funds in such a way as to achieve a goal that at least
52 forty percent of the qualified expenditures from the program, but not
53 less than thirty-five percent of such expenditures, shall go to climate
54 change adaptive infrastructure projects that benefit disadvantaged
55 communities as defined in section [75-0101] 8-0105 of this chapter.
S. 8669 9
1 d. In determining the amount of greenhouse gas emissions attributable
2 to any entity, the department may: i. require an entity to provide
3 information to the department related to past practices, production,
4 extraction, refining, emissions, or other historical information about
5 such entity necessary or appropriate to enable the department to deter-
6 mine whether such entity is a responsible party and, if so, the amount
7 of such responsible party's covered greenhouse gas emissions; ii. apply
8 consistent emissions factors, [consistent with the climate leadership
9 and community protection act pursuant to chapter one hundred six of the
10 laws of two thousand nineteen,] to convert extraction and refining data
11 into greenhouse gas emissions; and iii. utilize information received
12 from the department of taxation and finance pursuant to subdivision (a)
13 of section three hundred fourteen of the tax law.
14 h. provide opportunities for public engagement in all regions of the
15 state, including by holding at least two public hearings, one in-person
16 and one virtual, with meaningful opportunities for participation and
17 public comment from all segments of the population, including persons
18 living in disadvantaged communities as identified pursuant to section
19 [75-0111] 8-0105 of this chapter, a minimum of sixty days' public notice
20 in compliance with the provisions of article seven of the public offi-
21 cers law, on a draft of the plan, a summary and analysis of the public
22 comments and a description of any changes made to the plan based on the
23 public comments received.
24 7. Total qualifying expenditures shall be allocated in such a way as
25 to achieve a goal that at least forty percent of the qualified expendi-
26 tures from the program, but not less than thirty-five percent of such
27 expenditures, shall go to climate change adaptive infrastructure
28 projects that benefit disadvantaged communities as defined in section
29 [75-0101] 8-0105 of this chapter.
30 § 23. Paragraph (s) of subdivision 1 of section 207 of the public
31 health law, as added by chapter 294 of the laws of 2024, is amended to
32 read as follows:
33 (s) Promoting public awareness of the dangers of fatal and non-fatal
34 drowning, including but not limited to the unique risk factors and expo-
35 sures associated with infant and early drowning, childhood and teenage
36 drowning and adult drowning, the disparate risk of drowning in disadvan-
37 taged communities identified pursuant to section [75-0111] 8-0105 of the
38 environmental conservation law and with individuals with a mental disa-
39 bility as defined by subdivision three of section 1.03 of the mental
40 hygiene law, and methods to reduce the risks of drowning, including but
41 not limited to water safety instruction, swim lessons, and awareness of
42 water based risks.
43 § 24. Paragraph (f) of subdivision 1 of section 64-e of the town law,
44 as added by chapter 666 of the laws of 2024, is amended to read as
45 follows:
46 (f) "Disadvantaged communities" shall mean a community that is identi-
47 fied pursuant to section [75-0111] 8-0105 of the environmental conserva-
48 tion law.
49 § 25. Subdivision 21 of section 854 of the general municipal law, as
50 added by section 5 of part X of chapter 59 of the laws of 2021, is
51 amended to read as follows:
52 (21) "Renewable energy project" shall mean any project and associated
53 real property on which the project is situated, that utilizes any system
54 or equipment as set forth in section four hundred eighty-seven of the
55 real property tax law [or as defined pursuant to paragraph b of subdivi-
S. 8669 10
1 sion one of section sixty-six-p of the public service law as added by
2 chapter one hundred six of the laws of two thousand nineteen].
3 § 26. Subdivisions 1 and 2 of section 224-d of the labor law, subdivi-
4 sion 1 as amended by section 31 of part O of chapter 58 of the laws of
5 2024, and subdivision 2 as added by section 2 of part AA of chapter 56
6 of the laws of 2021, are amended to read as follows:
7 1. For purposes of this section, a "covered renewable energy system"
8 means: (a) a renewable energy system[, as such term is defined in
9 section sixty-six-p of the public service law,] that uses renewable
10 energy as defined by the public service commission, including but not
11 limited to, solar, wind, hydropower, hydrogen, nuclear power, or natural
12 gas as its power source with a capacity of one or more megawatts alter-
13 nating current and which involves the procurement of renewable energy
14 credits by a public entity, or a company or corporation provided in
15 subdivisions twenty-three and twenty-four of section two of the public
16 service law, or a third party acting on behalf and for the benefit of a
17 public entity; (b) any "thermal energy network" as defined by subdivi-
18 sion twenty-nine of section two of the public service law; (c) any
19 offshore wind supply chain project, including but not limited to port
20 infrastructure, primary component manufacturing, finished component
21 manufacturing, subassembly manufacturing, subcomponent manufacturing, or
22 raw material producers, or a combination thereof receiving direct fund-
23 ing from the New York state energy research and development authority
24 pursuant to an award under a New York state energy research and develop-
25 ment authority solicitation; or (d) a "major utility transmission facil-
26 ity" as such term is defined by section one hundred twenty of the public
27 service law.
28 2. Notwithstanding the provisions of section two hundred twenty-four-a
29 of this article, a covered renewable energy system shall be subject to
30 prevailing wage requirements in accordance with sections two hundred
31 twenty and two hundred twenty-b of this article. Provided that a renewa-
32 ble energy system [defined in section sixty-six-p of the public service
33 law] which is not considered to be covered by this section, may still
34 otherwise be considered a "covered project" pursuant to section two
35 hundred twenty-four-a of this article if it meets such definition.
36 § 27. Subdivision 1 of section 66-r of the public service law, as
37 added by section 2-a of part AA of chapter 56 of the laws of 2021, is
38 amended to read as follows:
39 1. For the purposes of this section, a "covered renewable energy
40 system" means a renewable energy system[, as such term is defined in
41 section sixty-six-p of this article,] that uses renewable energy as
42 defined by the public service commission, including but not limited to,
43 solar, wind, hydropower, hydrogen, nuclear power, or natural gas as its
44 power source with a capacity of greater than five megawatts alternating
45 current and which involves the procurement of renewable energy credits
46 by a public entity, or a third party acting on behalf and for the bene-
47 fit of a public entity.
48 § 28. Subdivision 4 of section 137 of the public service law, as added
49 by section 11 of part O of chapter 58 of the laws of 2024, is amended to
50 read as follows:
51 4. "Major renewable energy facility" means any renewable energy
52 system[, as such term is defined in section sixty-six-p of this chap-
53 ter,] that uses renewable energy as defined by the public service
54 commission as its power source with a nameplate generating capacity of
55 twenty-five thousand kilowatts or more, and any co-located system stor-
56 ing energy generated from such a renewable energy system prior to deliv-
S. 8669 11
1 ering it to the bulk transmission system, including all associated
2 appurtenances to electric plants, including electric transmission facil-
3 ities less than ten miles in length in order to provide access to load
4 and to integrate such facilities into the state's bulk electric trans-
5 mission system.
6 § 29. This act shall take effect immediately; provided, however, that
7 the amendments to subdivisions 3 and 4 of section 1911 of the public
8 authorities law made by section thirteen of this act shall not affect
9 the repeal of such subdivisions and shall be deemed repealed therewith;
10 provided, further, that the amendments made to subdivision 4 of section
11 137 of the public service law made by section twenty-eight of this act
12 shall not affect the repeal of such subdivision and shall be deemed
13 repealed therewith; provided, further, that the amendments to paragraph
14 (d) of subdivision 27-a of section 1005 of the public authorities law
15 made by section eleven of this act shall be subject to the expiration
16 and reversion of such subdivision pursuant to section 34 of part O of
17 chapter 58 of the laws of 2024, as amended, when upon such date the
18 provisions of section eleven-a of this act shall take effect.
