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A01466 Summary:

BILL NOA01466A
 
SAME ASSAME AS S06453
 
SPONSORCarroll
 
COSPNSRColton, Dinowitz, Gottfried, Kim, Cook, Dickens, Simon, Stirpe, Barnwell, Cruz, Rosenthal L, Weprin, Rozic, Mamdani, Forrest, Gallagher, Anderson, Epstein, Barron, De La Rosa, Gonzalez-Rojas, Mitaynes, Frontus, Jackson, Burdick, Walker, Sillitti, Englebright, Rivera J, Lavine, Thiele, Fernandez, Steck, Quart, Clark, Seawright, Davila, Ramos, Burgos, Pheffer Amato, Kelles, Galef, Septimo, Niou, Glick, Eichenstein, Perry
 
MLTSPNSRHevesi, Hyndman
 
Amd §1005, Pub Auth L; rpld §349-d, Gen Bus L; amd §44, Pub Serv L
 
Implements the "New York State Build Public Renewables Act" requiring the New York power authority to provide only renewable energy and power to customers; requires such authority to be the sole provider of energy to all state owned and municipal properties; repeals certain provisions relating thereto.
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A01466 Actions:

BILL NOA01466A
 
01/11/2021referred to corporations, authorities and commissions
04/12/2021amend (t) and recommit to corporations, authorities and commissions
04/12/2021print number 1466a
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A01466 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1466A
 
SPONSOR: Carroll
  TITLE OF BILL: An act to amend the public authorities law and the public service law, in relation to implementing the "New York State Build Public Renewables Act"; and to repeal certain provisions of the general business law relating thereto   PURPOSE OR GENERAL IDEA OF BILL: To enable the New York Power Authority (NYPA)to own and build new renew- able generation, storage, and transmission, require NYPA to provide renewable energy to all State owned and municipal properties by 2025, ban for-profit Energy Service Companies (ESCOs), and lay the groundwork for the 100% renewable, democratically controlled, publicly owned energy system New York needs in order to meet the goals of the landmark Climate Leadership and Community Protection Act and lead the nation on climate.   SUMMARY OF PROVISIONS: Section 1 amends Section 1005 of the public authorities law by adding new subdivisions 28 through 36. Subdivision 28 gives the New York Power Authority the authority and directive to purchase, acquire, plan, design, engineer, finance, construct, operate, manage, improve and maintain any renewable energy project, and to provide energy efficiency, retrofits, high performance/sustainable building, and energy management services. Subdivision 28 also defines the terms "renewable energy" and "renewable energy project" as they are used in subdivisions 2836. Subdivision 29 gives the authority the right of first offer and first refusal to certain renewable energy projects and directs the authority to coordinate with the Office of Renewable Energy Siting when involved with renewable energy projects over twenty-five megawatts. It also gives a timeframe for the Authority to commit to such projects and directs the authority to participate in lease auctions in all appropriate renewable energy sites that fall into federal jurisdiction. Subdivision 30 requires that the Authority only own, build and maintain energy generation, storage and transmission that is renewable. The Authority is directed to phase out all existing non-renewable generation as soon as is feasible and establishes a time frame for when the phasing out should be completed, and when the Authority should be providing 100% of New York's energy needs with renewable energy. It also outlines how certain renewable energy sources will be prioritized. Subdivision 31 outlines how the Authority maintain transparency, which includes requiring a ten-year climate and resiliency plan to be made public within two years, a minimum of one public hearing relating to their climate and resiliency plan per year, an online suggestion board, a publicly available report evaluating the energy efficiency program and instructs the authority to conduct an energy efficiency and energy audit program. It also requires that the authority submit an annual report to the governor and legislature to be made publicly available and outlines the contents of the report. Additionally, the Authority will be required to present a public democratization plan within 2 years of the effective date. Subdivision 32 establishes that the Authority be the sole electricity and power provider to all state and municipal owned, leased, controlled or operated properties. Subdivision 33 establishes a system for the authority to sell and provide renewable energy. Subdivision 34 requires for there to be ten "New York State energy research and development authority community energy hubs," and outlines the purpose, requirements, and funding for these hubs. It also outlines the Authority's power to administer certain financial assistance to allow for the installation of energy efficient appliances. Subdivision 35 outlines the practices for employees who become unem- ployed as a result of the transition to renewable energy, as well as for hiring people for new green jobs. Subdivision 36 establishes a labor advisory board within the Authority and establishes rules for the treatment of Authority employees. Section 3 repeals Section 349-d of the general business law. Section 4 amends the public authority law and adds a new subparagraph to Paragraph (a) of subdivision 27 of section 1005. Section 5 amends the public service law. Section 6 makes clear that nothing in the previous sections is intended to limit, impair, or affect the legal authority of the power authority of New York under any other provisions of tile 1 of article 5 of the public authorities law. Section 7 states the act shall take effect immediately.   JUSTIFICATION: With the passage of the landmark Climate Leadership and Community Protection Act in 2019, New York has committed to moving away from non- renewable energy generation and relying entirely on renewable sources. In order to achieve this, New York needs capable public ownership of its energy generation, transmission and distribution. Currently, NYPA is unable to own, build or maintain new renewable energy generation projects. This bill will give them the power to do so, ensuring that our transition to renewable energy is in capable hands. It will enable New York to fully power State and municipal properties and transportation with renewable energy by 2025, an important step in minimizing our carbon footprint. NYPA will be able to sell renewable energy directly to all of its customers, and low-income customers' rate will be less than the rate of their current utility. This bill will also create new green jobs, as well as helping people who previously worked in non-re- newable energy to transition to new jobs in sustainable energy. All employees will be paid a prevailing wage and be subject to project labor agreements. New York needs to provide good jobs for people in a growing industry. NYPA is the largest publicly owned utility in the country and has proven itself by providing the most affordable energy in New York State. This bill will put the massive and important prospect of convert- ing to renewable energy in capable hands.   PRIOR LEGISLATIVE. HISTORY: A.8938/S.7232 of 2019-20   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act shall take effect immediately; provided that the amendments to subdivision 27 of section 1005 of the public authorities law made by section four of this act shall not affect the repeal of such subdivision and shall be deemed repealed therewith.
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A01466 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1466--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 11, 2021
                                       ___________
 
        Introduced by M. of A. CARROLL, RICHARDSON, COLTON, DINOWITZ, GOTTFRIED,
          KIM,  COOK,  DICKENS,  SIMON,  STIRPE,  BARNWELL,  CRUZ, L. ROSENTHAL,
          WEPRIN, ROZIC, MAMDANI -- Multi-Sponsored by -- M. of A. HEVESI, HYND-
          MAN -- read once  and  referred  to  the  Committee  on  Corporations,
          Authorities  and  Commissions  --  committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee
 
        AN ACT to amend the public authorities law and the public  service  law,
          in  relation  to implementing the "New York State Build Public Renewa-
          bles Act"; and to repeal certain provisions of  the  general  business
          law relating thereto
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1.  Short title. This act shall be known and may be  cited  as
     2  the "New York State Build Public Renewables Act".
     3    §  2.  Section 1005 of the public authorities law is amended by adding
     4  nine new subdivisions 28, 29, 30, 31, 32, 33, 34, 35 and 36 to  read  as
     5  follows:
     6    28. (a) The authority is authorized and directed to purchase, acquire,
     7  plan,  design,  engineer,  finance,  construct, operate, manage, improve
     8  and/or maintain any renewable energy  project.  The  authority  is  also
     9  authorized  and  directed  to provide energy efficiency, retrofits, high
    10  performance/sustainable building, and energy management services.
    11    (b) For the purposes of this subdivision and subdivisions twenty-nine,
    12  thirty, thirty-one, thirty-two, thirty-three,  thirty-four,  thirty-five
    13  and  thirty-six  of  this  section,  the  following terms shall have the
    14  following meanings:
    15    (i) "renewable energy" shall be defined as  renewable  electricity  or
    16  thermal  energy  that does not emit greenhouse gases or other pollutants
    17  including, but not limited to,  photovoltaics  (solar),  land-based  and
    18  offshore  wind,  run-of-the-river and existing New York state hydroelec-
    19  tric, geothermal electric, tidal energy,  wave  energy,  battery  energy
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05455-09-1

        A. 1466--A                          2
 
     1  storage systems, pumped hydroelectric energy storage systems, and renew-
     2  able  thermal  energy  technology  such as solar thermal, air-source and
     3  ground-source heat  pumps,  renewable  co-generation,  district  heating
     4  systems,  systems  designed  to  capture waste heat, or other heating or
     5  cooling technologies using renewable sources of energy that do not  emit
     6  greenhouse  gases or other pollutants, provided, however, that such term
     7  shall not include any form of fossil fuels  or  combustion-based  energy
     8  which  relies  upon building new fossil fuel infrastructure or extending
     9  the use of fossil fuel infrastructure including,  but  not  limited  to,
    10  natural  gas,  green  hydrogen  fuel, biofuel, biogas, biomass, nuclear,
    11  carbon sequestration and renewable natural gas.
    12    (ii) "renewable energy project" shall be defined as all infrastructure
    13  which generates, stores, distributes or transmits  renewable  energy  or
    14  thermal  energy  as  defined  in  paragraph (i) of this subdivision, and
    15  includes the construction, installation and/or  operation  of  ancillary
    16  facilities or equipment done in connection with any such renewable ener-
    17  gy  generating projects, including, but not limited to, electric vehicle
    18  charging infrastructure and renewable offshore wind vessels.
    19    29. (a) The authority shall have the right of first  offer  and  first
    20  refusal to and shall coordinate with the department of state's office of
    21  renewable energy siting (ORES) to purchase, acquire, plan, design, engi-
    22  neer,  finance,  construct,  operate,  manage,  improve  and/or maintain
    23  renewable energy projects over twenty-five megawatts and to own and sell
    24  any power or energy  created  by  such  renewable  energy  project.  The
    25  authority  shall  have  sixty days to commit to a project. The authority
    26  shall also have the right of first offer and first refusal  to  purchase
    27  planned, future, and existing renewable energy projects.
    28    (b) Where a renewable energy site appropriate for New York state falls
    29  into  federal  jurisdiction,  the  authority  shall participate in lease
    30  auctions in an attempt to obtain ownership of that area.
    31    30. Notwithstanding any other provision of law, to, on or after  Janu-
    32  ary  first, two thousand twenty-five, only generate and transmit renewa-
    33  ble energy and the authority shall only purchase, acquire, plan, design,
    34  engineer, finance, construct, operate, manage, improve  and/or  maintain
    35  generation  and  transmission  facilities for the purpose of generating,
    36  storing, distributing and transmitting renewable energy.  The  authority
    37  shall  phase out its use of existing non-renewable generation as quickly
    38  as possible but no later than December thirtieth, two  thousand  twenty-
    39  five,  as  it  scales up renewable energy generation to meet one hundred
    40  percent of all state and municipal energy needs and the energy needs  of
    41  all public and private buildings and properties powered by the authority
    42  with  renewable  energy  by  two  thousand  twenty-six, and it shall not
    43  purchase, plan, finance, or construct  any  new  generation  project  or
    44  energy infrastructure which is not a renewable energy project or part of
    45  a  renewable  energy  project. Renewable energy sources which prioritize
    46  projects that actively benefit  environmental  justice  communities  and
    47  ecosystems,  and  which  have the lowest financial costs, will be prior-
    48  itized through a process to be determined by local community groups  and
    49  environmental  experts.  The  authority  will also convert all state and
    50  municipal properties and authority powered privately owned buildings  to
    51  receive  heating  and cooling from renewable energy sources by two thou-
    52  sand thirty.
    53    31. (a) Within two years of the effective date  of  this  subdivision,
    54  the  authority shall make public a ten-year climate and resiliency plan.
    55  Such climate and resiliency plan shall be designed to minimize the costs
    56  to ratepayers while balancing the interests of employees, grid reliabil-

        A. 1466--A                          3
 
     1  ity and resiliency, environmental justice communities and  the  environ-
     2  ment.  Such  plan shall be developed in consultation with the  New  York
     3  state independent system operator, the    New    York    state    energy
     4  research  and  development authority, and experts, environmental justice
     5  communities, ratepayers and community organizations via the   New   York
     6  state    energy    research and development authority's community energy
     7  hubs. Such resiliency plan shall  outline  the  renewable  projects  the
     8  authority  plans  to build, how the authority plans to phase out non-re-
     9  newable assets and how the authority plans to comply  with  the  climate
    10  leadership and community protection act and the renewable energy targets
    11  outlined  in  this  subdivision and subdivisions twenty-nine, thirty and
    12  thirty-two of this section. The authority shall also outline a  plan  to
    13  improve  energy  resiliency  and  if  necessary  to meet the authority's
    14  renewable energy targets, shall coordinate with the New York state inde-
    15  pendent system operator to re-adjust the  locational  capacity  require-
    16  ments  for  each region in the state.  Additionally, within two years of
    17  the effective date of this subdivision, the authority shall make  public
    18  a  democratization  plan.    Such plan shall be fully funded, created in
    19  partnership and codesigned with the NY  Energy  Democracy  Alliance  and
    20  shall ensure the scale up of renewable build out across the state occurs
    21  in line with the principles of energy democracy and transparency.
    22    (b)  (i)  The  authority shall hold at least one annual public hearing
    23  related to such climate and resiliency plan and  may  update  such  plan
    24  annually as needed.  The hearing shall be publicized in various forms of
    25  media, including but not limited to the authority's website, local news-
    26  papers  and  social  media  platforms,  and shall also be accessible via
    27  livestream.  In advance of such hearing, the authority  shall  conspicu-
    28  ously  post  written  notice of such hearing in all authority facilities
    29  and New York state energy research and development  authority  community
    30  energy  hubs on a sign posted at each facility entrance and exit used by
    31  employees, and shall provide at least two weeks advance notice  of  such
    32  hearing  to authority customers by directly communicating such notice to
    33  customer phone, email and mailing lists.  Public input shall be  permit-
    34  ted between the hours of 6:00 PM and 9:00 PM. Each speaker shall have at
    35  least  three minutes to speak, and a remote option shall be provided for
    36  submitting comments via video conference, phone, including short message
    37  services (SMS) text messages and/or written comment, which shall be read
    38  aloud. Provisions for childcare,  translation  services,  American  sign
    39  language interpretation, closed captioning, and access to accommodations
    40  provided  by  the Americans with Disabilities Act shall be provided upon
    41  request.
    42    (ii) The authority shall maintain an online suggestion board where the
    43  public may submit recommendations to be voted on by other members of the
    44  public. The top five suggestions shall be discussed publicly  and  shall
    45  be voted on by the authority's board at the annual public hearing. Other
    46  suggestions  may  be taken into consideration at the board's discretion.
    47  All data, meeting minutes, recordings and documents that do not  include
    48  personal customer information, including but not limited to depreciation
    49  schedules,  annual  financial  statements of itemized spending, environ-
    50  mental impact statements, cost-benefit analyses, climate and  resiliency
    51  plans, renewable energy project plans, and annual reports on operations,
    52  customer  service,  reliability, resiliency and sustainability, shall be
    53  made available on the authority's website, or otherwise made  accessible
    54  by  the authority upon request.  All such records shall be maintained as
    55  business records for a minimum of ten  years.    The  state  comptroller
    56  shall  audit the authority at least once every two years until two thou-

        A. 1466--A                          4
 
     1  sand thirty to ascertain whether the authority is in compliance with the
     2  renewable energy targets outlined in this subdivision  and  subdivisions
     3  twenty-nine,  thirty,  thirty-two  and  thirty-three of this section and
     4  whether the authority's spending and operations are efficient.  The most
     5  recent comptroller audits shall also be made available  on  the authori-
     6  ty's  website,  or  otherwise  made  accessible  by  the  authority upon
     7  request.
     8    (c) (i) The authority shall conduct an energy  efficiency  and  energy
     9  audit  program  to identify public and private buildings most in need of
    10  retrofits and efficiency measures. The authority  shall  hire  authority
    11  employees  to  perform  energy  audits,  retrofits  and other efficiency
    12  programs,  such  as  incentives  for  energy  efficient  appliances  and
    13  induction  stoves,  as needed, to meet the climate goals outlined in the
    14  climate leadership and community protection  act,  the  New  York  state
    15  energy  research  and  development  authority,  environmental and energy
    16  experts, and communities via the New  York  state  energy  research  and
    17  development  authority's  community  energy  hubs.  The  authority shall
    18  prioritize public buildings and  low-income  customers  and  tenants  to
    19  receive the benefits of these efficiency programs and retrofits.
    20    (ii)  The authority or the New York state energy research and develop-
    21  ment authority shall annually post and maintain for at least one year on
    22  their website,  a  report  evaluating  the  energy  efficiency  program,
    23  including,  but  not  limited  to, the number of customers served by the
    24  efficiency program, the customer demographics, the number  of  retrofits
    25  and  energy  audits  performed,  the number of jobs created and employee
    26  demographics, and the amount of energy and dollars saved as a result  of
    27  the program.
    28    The  authority  shall also submit an annual report to the governor and
    29  to the legislature which shall be made available to the public and shall
    30  be subject to open  hearings  in  the  legislature.  Such  report  shall
    31  include the:
    32    (A) Ten year climate and resiliency plan described in paragraph (a) of
    33  this subdivision;
    34    (B) Amount of energy produced by each facility;
    35    (C) Energy transferred between facilities within the authority;
    36    (D) Energy transferred outside of the authority for sale;
    37    (E) Kilowatt-hour sales by project and by customer;
    38    (F) Revenues and costs for each project facility;
    39    (G) Accumulated provision for depreciation of each project facility;
    40    (H)  Financial  and  operating  information  of  the energy efficiency
    41  program; and
    42    (I) Enrollment in and effectiveness of renewable  energy  auto-enroll-
    43  ment, retrofit, and energy efficient appliance programs.
    44    32. Notwithstanding any other provision of law, to be the sole provid-
    45  er  of  electricity  and power to all state and municipal owned, leased,
    46  controlled, or operated properties that use electricity,  including  but
    47  not  limited to all buildings and transportation-related properties such
    48  as trains, subways and subway stations, vessels, electrified  buses  and
    49  vehicles, and public or private electric vehicle charging stations.
    50    33.  (a)  To sell or provide renewable energy to end-use customers and
    51  CCA communities using the transmission or  distribution  system  of  any
    52  utility with consolidated billing.
    53    (b) Any excess renewable energy produced by the authority and not used
    54  or stored by state or municipal owned or leased properties shall be sold
    55  directly  to  end-use  customers  or  CCA's, wholesale, using the trans-
    56  mission or distribution system of utilities. This excess energy shall be

        A. 1466--A                          5

     1  sold on an opt-out basis, with automatic enrollment prioritizing low-in-
     2  come customers and environmental justice communities.
     3    (i)  There  shall  be no electricity rate increase for the first three
     4  years following the effective date of this subdivision. After the  first
     5  three years following the effective date of this subdivision, a progres-
     6  sive  rate structure based on income and level of energy shall be devel-
     7  oped in consultation with the authority and communities via the New York
     8  state energy research and development authority's community energy hubs.
     9    (ii) The authority shall discourage the shut off  of  any  residential
    10  customer's  energy  for  non-payment  and shall discourage the charge of
    11  punitive late fees by collaborating  with  distribution  companies.  The
    12  authority  shall work with the low income home energy assistance program
    13  to assist low-income customers with payment  plans  and  to  develop  an
    14  emergency  fund  to  cover instances of non-payment. Notwithstanding any
    15  other provision to the contrary, the authority may impose penalties  for
    16  large  energy users and may incentivize energy conservation with rebates
    17  and discounts on energy efficient products,  to  be  determined  by  the
    18  authority's  board  in  consultation  with  the  New  York  state energy
    19  research and development authority.
    20    34. (a) There shall be ten "New York state energy research and  devel-
    21  opment  authority  community  energy hubs", hereinafter community energy
    22  hubs, developed and  distributed  evenly  throughout  the  state.    The
    23  location and staffing level of the community energy hubs shall be deter-
    24  mined by the New York state energy research and development authority in
    25  consultation   with  local  communities  and  environmental  and  energy
    26  experts. The efforts of such community energy hubs  shall  be  centrally
    27  coordinated  by the authority and the New York state energy research and
    28  development authority.
    29    (b) The purpose of the community energy hubs shall include, but not be
    30  limited to, the following:
    31    (i) Assisting residents and businesses to adopt renewable  energy  and
    32  energy  efficiency  measures  through  outreach,  education, enrollment,
    33  intake, referral and project  management.  Administering  and  enrolling
    34  customers  into  financial  assistance, energy efficiency, and renewable
    35  energy programs of the authority and the New York state energy  research
    36  and development authority.
    37    (ii)  Planning and using microgrids, battery storage, and decarboniza-
    38  tion projects at the level of an individual customer meter or  group  of
    39  meters,  where  distributed  energy  resources  might  be shared locally
    40  across multiple customer meters in the  same  community.  The  community
    41  energy hubs shall also enable the authority to design, finance, procure,
    42  install,  and  own  demand-side,  behind  the meter assets, sited at the
    43  customers' property or in the public right of way.
    44    (iii) Coordinating the research needs of the  New  York  state  energy
    45  research and development authority and the authority in partnership with
    46  advocacy  organizations, environmental justice organizations and univer-
    47  sities to assist with scaling up renewable energy and  efficiency  tech-
    48  nologies.
    49    (iv)  Ensuring  that  advocacy organizations and environmental justice
    50  organizations co-design energy programs, providing  their  knowledge  of
    51  local  communities  and  their  insight  into  how  energy programs have
    52  performed in their community, and receive the  necessary  financial  and
    53  technical  assistance to meaningfully participate in the co-design proc-
    54  ess.
    55    (v) Identifying, soliciting,  receiving  feedback  on  and  addressing
    56  concerns  about proposals for locations for renewable energy projects in

        A. 1466--A                          6
 
     1  coordination with the department of state's office of  renewable  energy
     2  siting  and  local  organizations that are accountable to the community,
     3  utilizing the same co-design process outlined in  subparagraph  (iv)  of
     4  paragraph  (b)  of  this  subdivision to assess the energy needs of each
     5  community and how such needs interact with the energy needs of the state
     6  as a whole.
     7    (vi)  Performing  community  outreach  and  education  on  energy  and
     8  climate-related initiatives, and/or supporting local community organiza-
     9  tions   to  perform  this  outreach  and  education,  including  utility
    10  proceedings and the power authority of the state of New York's renewable
    11  energy enrollment program.
    12    (vii) Addressing  customer  service  issues  and  billing  issues  for
    13  services  provided by the New York state energy research and development
    14  authority and the authority, including connecting  low-income  customers
    15  with  assistance  programs such as the low income home energy assistance
    16  program, and providing access to language translation services.
    17    (c)(i) All community energy hubs shall hold at least one public  meet-
    18  ing  on  the  new rate design before the new rate design is implemented.
    19  Such hubs shall also hold quarterly public meetings where all stakehold-
    20  ers, including employees and ratepayers,  may  provide  suggestions  for
    21  improvements  to  the programs, investments, technologies, and renewable
    22  energy projects of the New York state energy  research  and  development
    23  authority and the authority. New York state energy research and develop-
    24  ment staff and at least one representative of the authority shall attend
    25  such  meetings  and shall report key findings and recommendations to the
    26  authority's board for consideration.   All records  of  public  meetings
    27  shall be maintained as business records for a minimum of ten years.
    28    (ii)  Additional  issue-based hearings may also be held at the request
    29  of any stakeholder, when such stakeholder  submits  a  request  with  at
    30  least  one  hundred  petition  signatures. Every public meeting shall be
    31  accessible via livestream and shall be held between the hours of 6:00 PM
    32  and 9:00 PM. Each speaker shall have at least three  minutes  to  speak,
    33  and  a remote option shall be provided for submitting comments via video
    34  conference, phone, and/or written comment, which shall  be  read  aloud.
    35  Provisions  for  childcare, translation services, American sign language
    36  interpretation, closed captioning, and access to accommodations provided
    37  by the Americans with Disabilities Act shall be provided  upon  request.
    38  All  records  of  issue-based  hearings  shall be maintained as business
    39  records for a minimum of ten years.
    40    (d) The community energy hubs shall be funded through a combination of
    41  bonds and revenue from the authority, a portion of rates  from  the  top
    42  five-percent  earning  commercial  and industrial customers or any other
    43  source of state revenue that is demonstrated to have no impact  on  low-
    44  to-moderate-income  New  Yorkers.    All new renewable projects shall be
    45  financed via the following methods:  state and municipal bond issuances,
    46  available funds from the New York state energy research and  development
    47  authority  and  the  authority, public banks and participatory budgeting
    48  efforts, and/or progressive electric rates.
    49    (e) The authority and the New York state energy research and  develop-
    50  ment  authority  shall have the power to administer and finance programs
    51  for the development, design, installation  and  provision  of  financial
    52  assistance,  with respect to the replacement of refrigerators, dishwash-
    53  ers and other appliances with more energy efficient appliances,  or  the
    54  replacement  of  gas stoves and water heaters with electric or induction
    55  appliances, provided  that  no  costs  associated  with  such  financial
    56  assistance  shall  be  charged  to  the authority's customers. Financial

        A. 1466--A                          7
 
     1  assistance shall be repaid to the authority, over a period not to exceed
     2  ten years, based on projected savings in energy costs and related  costs
     3  which accrue to the owner as a result of installing such measures.
     4    35. (a) All employees who become unemployed as a result of this subdi-
     5  vision,  subdivisions  twenty-eight,  twenty-nine,  thirty,  thirty-one,
     6  thirty-two, thirty-three, or thirty-four of this section, or as a result
     7  of the transition to renewables and implementation of the climate  lead-
     8  ership and community protection act, including but not limited to nucle-
     9  ar,  fossil  fuel,  and  ESCO  employees,  shall  be  provided with free
    10  retraining options to transition to another  role,  the  opportunity  to
    11  retire  early  where  deemed appropriate by the community energy hubs in
    12  consultation with labor unions and employees, or the option  for  disad-
    13  vantaged  employees  to participate in a paid direct access and training
    14  program.
    15    (b) There shall be a hiring hall developed within the community energy
    16  hubs for the express purpose of  hiring  and  retraining  employees  for
    17  green  jobs.  Retraining programs may prepare employees to transition to
    18  fields including, but not limited to, jobs installing and/or maintaining
    19  renewable energy infrastructure, green roofs and green walls,  renewable
    20  heat  pumps,  bioswales,  restoring  wetlands, regenerative agriculture,
    21  remediating lead and  mold,  performing  retrofits,  providing  customer
    22  service for the community energy hubs and the authority, and other green
    23  jobs  which  would  allow New York to comply with climate laws including
    24  the climate mobilization act and the climate  leadership  and  community
    25  protection act.
    26    (c)  Such  hiring  halls  shall  also create a community jobs pipeline
    27  strategy of engaging low-income communities of  color  and  disconnected
    28  employees  in  the  struggle to create an equitable community-controlled
    29  green economy.  Such hiring halls shall: (i) act as employer  of  record
    30  and  recruit,  screen  and hire employees; (ii) mediate disputes between
    31  employees and employers as needed; (iii) administer timesheets, payroll,
    32  general liability and worker's compensation insurance  as  needed;  (iv)
    33  coordinate  free  training  in both general and specialized credentials;
    34  and (v) provide wraparound support for employees, including  transporta-
    35  tion costs and financial literacy.
    36    (d) All new renewable projects owned and operated by the authority and
    37  energy efficiency programs owned and operated by the authority shall pay
    38  a  prevailing  wage  and  shall  be subject to project labor agreements.
    39  There shall be no emergency strike funds, nor shall there  be  ratepayer
    40  funded  management  contract negotiation funds; the authority shall at a
    41  minimum remain neutral to unionization efforts.
    42    36. (a) A labor advisory board shall be established to determine safe-
    43  ty and training standards, disaster response measures, guaranteed hours,
    44  staffing levels, retraining programs and other labor issues in consulta-
    45  tion with the authority's board.
    46    (b) The advisory board shall consist of seven members to be elected by
    47  all current rank-and-file authority employees and rank-and-file  employ-
    48  ees  of  community  energy  hubs  and  resulting green job programs, not
    49  including any outside private contractors. Members  shall  serve  for  a
    50  term  of two years and may serve until their successors are elected. The
    51  members of the board shall receive no compensation  for  their  services
    52  but shall be allowed their actual and necessary expenses incurred in the
    53  performance of their duties as board members.
    54    (c)  Any  labor  required  to  build, design, operate and maintain the
    55  authority's renewable energy projects will  be  performed  by  authority

        A. 1466--A                          8
 
     1  employees.  All  employees,  regardless  of  their union, will be cross-
     2  trained and perform both new construction and maintenance work.
     3    § 3. Section 349-d of the general business law is REPEALED.
     4    §  4.  Paragraph  (a)  of subdivision 27 of section 1005 of the public
     5  authorities law, as added by section 2 of part LL of chapter 58  of  the
     6  laws  of  2019,  is amended and a new subparagraph 3 is added to read as
     7  follows:
     8    (a) Notwithstanding any other  provision  of  this  title,  as  deemed
     9  feasible  and  advisable by the trustees, the authority is authorized to
    10  undertake the following actions when it deems it necessary or  desirable
    11  to  address the energy-related needs of any (i) authority customer, (ii)
    12  public entity, or (iii) CCA community:
    13    (1) (A) supply power  and  energy  procured  from  competitive  market
    14  sources  to any (i) authority customer, (ii) public entity, or (iii) CCA
    15  community through  the  supply  of  such  products  through  an  [energy
    16  services  company  or  other]  entity  that  is authorized by the public
    17  service commission to procure and sell energy products  to  participants
    18  of  a  CCA  program[,  provided,  however,  that the authority shall not
    19  supply at any point more than a total of four hundred megawatts of power
    20  and energy to authority customers and public entities  pursuant  to  the
    21  authority of this clause];
    22    (B) supply renewable power[,] or energy[, or related credits or attri-
    23  butes  procured  through  a competitive process, from competitive market
    24  sources, or through negotiation when a competitive  procurement  is  not
    25  reasonably  feasible  and  such  products  can be procured on reasonably
    26  competitive terms] to (i) any authority customer, (ii) any public  enti-
    27  ty,  or  (iii)  any  CCA  community [through the supply of such products
    28  through an energy services company or other entity that is authorized by
    29  the public service commission to procure and  sell  energy  products  to
    30  participants of a CCA program; and];
    31    (2)  (A) alone or jointly with one or more other entities, finance the
    32  development of renewable energy generating projects that are located  in
    33  the  state,  including  its territorial waters, and/or on property or in
    34  waters under the jurisdiction or  regulatory  authority  of  the  United
    35  States,  (B)  purchase  power,  energy  or related credits or attributes
    36  produced from such renewable energy generating projects, and  (C)  allo-
    37  cate  and sell any such products to (i) any authority customer, (ii) any
    38  public entity, and (iii) any CCA community through [an] a not-for-profit
    39  energy services company or other entity that is authorized by the public
    40  service commission to procure and sell energy products  to  participants
    41  of  a  CCA  program[, provided that the authority shall not, pursuant to
    42  the authority in this subparagraph,  finance  more  than  six  renewable
    43  energy  generation  projects  and have a per-project electric generating
    44  capacity in excess of twenty-five megawatts.]; and
    45    (3) (A) provide proof that the applicant is a  tax  exempt  non-profit
    46  organization  described  in section 501(c) of the internal revenue code,
    47  (B) a corporation established by the state of New York  that  is  wholly
    48  owned  by  a  state,  county or municipal entity within the state of New
    49  York, (C) a public authority established by the state of  New  York,  or
    50  (D) an ESCO registered as a tax exempt non-profit organization described
    51  in  section  501(c)  of  the internal revenue code, a corporation wholly
    52  owned by a federal, state or municipal government, or a public authority
    53  established and controlled by a federal, state or municipal government.
    54    § 5. Subdivision 5 of section 44 of the public service law,  as  added
    55  by chapter 359 of the laws of 2009, is amended to read as follows:

        A. 1466--A                          9
 
     1    5.  At  least  once  a year, every utility corporation, not-for-profit
     2  energy services company or municipality shall provide its customers with
     3  a notice that billing statements are available in  large  print  format.
     4  Upon  written request by a customer, a utility corporation, not-for-pro-
     5  fit energy services company or municipality shall provide the customer's
     6  billing  statements  in  the large print format commencing no later than
     7  sixty days after the date upon which the  request  is  received  by  the
     8  utility  corporation,  not-for-profit energy services company or munici-
     9  pality. The provisions of this subdivision shall apply only  to  printed
    10  statements. For the purposes of this section, "large print" shall mean a
    11  printed  font  size of sixteen or greater to illuminate billing informa-
    12  tion. For the purposes of this section, "not-for-profit energy  services
    13  company" or "non-for-profit ESCO" shall mean [an] a not-for-profit enti-
    14  ty eligible to sell energy services to end-use customers using the tran-
    15  smission or distribution system of a utility corporation.
    16    §  6.  Nothing in this act is intended to limit, impair, or affect the
    17  legal authority of the power authority of the state of  New  York  under
    18  any  other  provision  of title 1 of article 5 of the public authorities
    19  law.
    20    § 7. This act shall take effect immediately; provided that the  amend-
    21  ments  to  subdivision  27 of section 1005 of the public authorities law
    22  made by section four of this act shall not affect  the  repeal  of  such
    23  subdivision and shall be deemed repealed therewith.
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