Add §99-rr, St Fin L; add §1885, Pub Auth L; amd §1-103, add Art 22 §§22-101 - 22-107, Energy L; amd §10-b,
Emerg Ten Prot Act of 1974; amd Cor L, generally; amd §606, Tax L; amd §§371, 376 & 382, desig Art 13 §20 to
be Title 1, add Title 1 Head, Title 2 §§260-a - 260-d, Exec L; add §219-b, amd §811, Lab L
Enacts the "Livable New York act" to fight back against climate change, provide additional affordable housing and provide employment opportunities for formerly incarcerated individuals.
STATE OF NEW YORK
________________________________________________________________________
9413
IN ASSEMBLY
March 14, 2024
___________
Introduced by M. of A. GONZALEZ-ROJAS -- read once and referred to the
Committee on Housing
AN ACT to amend the state finance law, the public authorities law, the
energy law, the emergency tenant protection act of nineteen seventy-
four, the correction law, the tax law, the executive law and the labor
law, in relation to enacting the Livable New York act; and making an
appropriation therefor
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 "Livable New York act".
3 § 2. Legislative findings. The legislature hereby finds that all New
4 Yorkers deserve a livable future. To effectuate this future, New York
5 must act quickly to fight back against climate change and provide addi-
6 tional affordable housing.
7 § 3. The state finance law is amended by adding a new section 99-rr to
8 read as follows:
9 § 99-rr. Livable New York fund. 1. There is hereby established in the
10 joint custody of the commissioner of taxation and finance and the state
11 comptroller a special fund to be known as the "livable New York fund".
12 2. The comptroller shall establish the following separate and distinct
13 accounts within the livable New York fund:
14 (a) energy efficiency transition account; and
15 (b) housing and code enforcement account.
16 3. (a) The livable New York fund energy efficiency transition account
17 shall consist of moneys appropriated, credited, or transferred thereto
18 from any other fund or source pursuant to law. Moneys of the account
19 shall be expended for the purposes of providing benefits to help exist-
20 ing housing units transition to high energy efficiency appliances.
21 (b) The livable New York fund housing and code enforcement account
22 shall consist of moneys appropriated, credited, or transferred thereto
23 from any other fund or source pursuant to law. Moneys of the account
24 shall be expended for the purposes of providing funding for a housing
25 development subsidy set forth pursuant to title two of article thirteen
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14631-02-4
A. 9413 2
1 of the executive law, as well as making funding available for localities
2 to use for code enforcement, and any other such purposes as provided for
3 by law.
4 4. Moneys in the livable New York fund shall be kept separate from and
5 shall not be commingled with any other moneys in the custody of the
6 comptroller or the commissioner of taxation and finance. Provided,
7 however, that any moneys of the fund not required for immediate use may,
8 at the discretion of the comptroller, in consultation with the director
9 of the division of budget, be invested by the comptroller in obligations
10 of the United States or the state. The proceeds of any such investment
11 shall be retained by the fund as assets to be used for the purposes of
12 the fund.
13 § 4. The public authorities law is amended by adding a new section
14 1885 to read as follows:
15 § 1885. Energy efficiency transition program. 1. The authority, in
16 consultation with the department of public service, shall establish a
17 program to aid in the transition of all existing housing units heating
18 and cooling from reliance on combusting oil and gas, to electric heat
19 pumps and other high energy efficiency upgrades, systems and services.
20 2. Using funds made available from the livable New York fund as set
21 forth in section ninety-nine-rr of the state finance law, the authority
22 shall ensure that any building or household existing in a disadvantaged
23 community, as such term is defined in section 75-0101 of the environ-
24 mental conservation law, or buildings housing formerly-incarcerated
25 individuals, with a priority to buildings owned by low-income homeowners
26 or rented to low-income tenants, shall be eligible for full-cost funding
27 for the procurement and installation of equipment to be compliant with
28 the energy efficiency standards set forth under section 11-104 of the
29 energy law, including the procurement and installation of non-fossil
30 fuel heating and cooling and hot water systems and other high energy
31 efficiency systems, including electrical panel and wiring upgrades and
32 induction or electric stoves. For purposes of this paragraph, installa-
33 tion shall also include bringing eligible housing into a state of good
34 repair.
35 3. Using funds made available from the livable New York fund as set
36 forth in section ninety-nine-rr of the state finance law, the authority
37 shall create a program to pay up to fifty thousand dollars per unit for
38 any privately owned residential housing for the procurement and instal-
39 lation of equipment to be compliant with the energy efficiency standards
40 set forth under section 11-104 of the energy law, including the procure-
41 ment and installation of non-fossil fuel heating and cooling and hot
42 water systems and other high energy efficiency systems, including elec-
43 trical panel and wiring upgrades and induction or electric stoves, as
44 well as to ensure that such housing is in a state of good repair.
45 4. Using funds made available from the livable New York fund as set
46 forth in section ninety-nine-rr of the state finance law, the authority
47 shall subsidize the procurement and installation of equipment to be
48 compliant with the energy efficiency standards set forth under section
49 11-104 of the energy law, including the procurement and installation of
50 non-fossil fuel heating and cooling and hot water systems and other high
51 energy efficiency systems, for all public housing units throughout the
52 state, as well as to ensure that such housing is in a state of good
53 repair.
54 5. Using funds made available from the livable New York fund as set
55 forth in section ninety-nine-rr of the state finance law, the authority
56 shall establish affordability programs to pay any additional costs of
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1 utility bills in order to ensure that no low-to-moderate income house-
2 holds face a higher cost for heating and cooling that may be incurred as
3 a result of conversion to electric heat pumps and/or other high energy
4 efficiency equipment for heating and cooling. For the purposes of this
5 paragraph "low-to-moderate income households" shall mean households with
6 annual incomes at or below eighty percent of the area median income of
7 the county or metro area where they reside.
8 6. (a) The authority shall promulgate requirements for eligibility to
9 receive funds under this program which prohibit buildings from initiat-
10 ing eviction proceedings, fail to renew a lease or otherwise seek to
11 remove a tenant from housing accommodation, except:
12 (i) in situations of non-payment of rent;
13 (ii) where the tenant is violating a substantial obligation of the
14 tenancy and has failed to cure such violation within ten days;
15 (iii) where the tenant is committing or permitting a nuisance in the
16 housing accommodation;
17 (iv) where the tenant's occupancy or use or permitted use of the hous-
18 ing accommodation is in violation of the law; or
19 (v) where the tenant has unreasonably refused the landlord's access to
20 the housing accommodation for the purpose of making repairs and improve-
21 ments.
22 (b) A rent increase is presumed to be unreasonable and, therefore, not
23 a basis for eviction, if it exceeds either three percent of the previous
24 rental amount or one and one-half times the annual percentage change in
25 the consumer price index for the relevant region, whichever is higher.
26 7. The authority shall promulgate requirements for eligibility to
27 receive funds under this program over fifty thousand dollars, which
28 include that all work done in the procurement and installation of non-
29 fossil fuel heating systems on state-owned properties or in properties
30 that receive subsidies from the state shall be considered public work,
31 subject to articles eight and nine of the labor law and shall utilize a
32 project labor agreement. For purposes of this subdivision, "project
33 labor agreement" shall mean a pre-hire collective bargaining agreement
34 between the authority, or a third party on behalf of the authority, and
35 a bona fide building and construction trade labor organization estab-
36 lishing the labor organization as the collective bargaining represen-
37 tative for all persons who will perform work on a public work project,
38 and which provides that only contractors and subcontractors who sign a
39 pre-negotiated agreement with the labor organization can perform project
40 work. All contractors and subcontractors associated with this work shall
41 be required to utilize apprenticeship agreements as defined by article
42 twenty-three of the labor law.
43 8. The authority, in consultation with the department of corrections
44 and community supervision, shall promulgate requirements for eligibility
45 to receive funds under this program over fifty thousand dollars, all
46 work done in the procurement and installation of non-fossil fuel heating
47 systems on state-owned properties or in properties that receive subsi-
48 dies from the state shall, to the greatest extent possible, provide
49 training and hiring of formerly incarcerated individuals.
50 9. (a) Nothing in this program shall alter the rights or benefits, and
51 privileges, including, but not limited to terms and conditions of
52 employment, civil service status, and collective bargaining unit member-
53 ship, of any current employees of the authority.
54 (b) Nothing in this program shall result in: (i) the discharge,
55 displacement, or loss of position, including partial displacement such
56 as a reduction in the hours of non-overtime work, wages, or employment
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1 benefits; (ii) the impairment of existing collective bargaining agree-
2 ments; or (iii) the transfer of existing duties and functions.
3 10. No later than December first, two thousand twenty-four, the
4 authority shall determine the minimum energy efficiency standards for
5 buildings.
6 11. The authority shall issue relevant guidance regarding changes set
7 forth in subdivisions seven and eight of section 11-104 of the energy
8 law, including programs offered by the authority that will provide fund-
9 ing to assist with compliance with such subdivisions. The authority
10 shall make such information available by engaging and paying for large-
11 scale advertising, mailings, door-to-door canvassing, community
12 outreach, programming in schools, and anything else the authority deems
13 necessary and reasonable to ensure the public is fully aware and that a
14 wide understanding that such programs exist is achieved in the public in
15 all regions and demographics of the state.
16 § 5. Subdivisions 2 and 4 of section 1-103 of the energy law, as
17 amended by chapter 83 of the laws of 1995, are amended to read as
18 follows:
19 2. "Office" as used in sections 5-108, 5-111, 5-113, and 5-117 of
20 article five and articles six, seven, eight [and], ten and twenty-two of
21 this chapter shall mean the New York state energy research and develop-
22 ment authority established pursuant to article eight of the public
23 authorities law.
24 4. "Commissioner" as used in sections 5-108, 5-111, 5-113, and 5-117
25 of article five and articles six, seven, eight [and], ten and twenty-two
26 of this chapter shall mean the president of the New York state energy
27 research and development authority.
28 § 6. The energy law is amended by adding a new article 22 to read as
29 follows:
30 ARTICLE 22
31 BUILDING ENERGY AND EMISSIONS LIMITS
32 Section 22-101. Purpose.
33 22-103. Emissions limits in buildings under ten thousand square
34 feet.
35 22-105. Emissions limits in buildings ten thousand square feet
36 and larger.
37 22-107. Exemptions.
38 § 22-101. Purpose. In furtherance of the policy set forth by the New
39 York state climate leadership and community protection act, the legisla-
40 ture hereby directs that building energy and emissions limits be adopted
41 to protect the health, safety and security of the people of the state
42 and to assure that clean energy is used in design and construction of
43 all public and private buildings in the state, as well as to further the
44 economic development of the state, including the creation of good,
45 career-supporting jobs and to lower utility bills through energy effi-
46 ciency.
47 § 22-103. Emissions limits in buildings under ten thousand square
48 feet. 1. After December thirty-first, two thousand twenty-nine, no
49 person shall be permitted to replace systems using combustion of any
50 substance for heating or cooling or providing hot water for a building
51 under ten thousand square feet with anything that causes the combustion
52 of any substance that emits twenty-five kilograms or more of carbon
53 dioxide per million British thermal units of energy, as determined by
54 the United States energy information administration.
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1 2. Notwithstanding the prohibition in subdivision one of this section,
2 combustion of a substance that emits twenty-five kilograms of carbon
3 dioxide per million British thermal units of energy or more shall be
4 permitted for use within such a building where the combustion of such
5 substance occurs in connection with a device that contains no connection
6 to a building's gas supply line or fuel oil piping system, is used on an
7 intermittent basis, and is not used to supply a building with heat,
8 cooling or hot water.
9 § 22-105. Emissions limits in buildings ten thousand square feet and
10 larger. 1. After December thirty-first, two thousand thirty-four, no
11 person shall be permitted to replace systems using combustion of any
12 substance for heating or cooling or providing hot water for a building
13 ten thousand square feet or larger with anything that causes the
14 combustion of any substance that emits twenty-five kilograms or more of
15 carbon dioxide per million British thermal units of energy, as deter-
16 mined by the United States energy information administration.
17 2. Notwithstanding the prohibition in subdivision one of this section,
18 combustion of a substance that emits twenty-five kilograms of carbon
19 dioxide per million British thermal units of energy or more shall be
20 permitted for use within such a building where the combustion of such
21 substance occurs in connection with a device that contains no connection
22 to a building's gas supply line or fuel oil piping system, is used on an
23 intermittent basis, and is not used to supply a building with heat,
24 cooling or hot water.
25 § 22-107. Exemptions. 1. Notwithstanding the provisions of this arti-
26 cle, the state fire prevention and building code council may exempt
27 systems for emergency back-up heating, but in doing so shall seek to
28 minimize emissions and maximize health, safety, and fire-protection. In
29 such cases, the New York state uniform fire prevention and building code
30 shall limit the infrastructure, building systems, or equipment used for
31 the combustion of fossil fuels to the system and area of a building for
32 which a prohibition on infrastructure, building systems, or equipment
33 used for the combustion of fossil fuels is infeasible. To the fullest
34 extent feasible, the code shall require that the area or service within
35 the project where infrastructure, building systems, or equipment used
36 for the combustion of fossil fuels are installed shall be all-electric
37 ready. Financial considerations shall not be sufficient basis to deter-
38 mine physical or technical infeasibility. Exemptions or waivers
39 provided under this subdivision shall be reviewed during each major code
40 update cycle to determine whether they are still needed.
41 2. The provisions set forth in sections 22-103 and 22-105 of this
42 article shall not be construed as applying to generation of emergency
43 back-up power and standby power systems, or in a building or part of a
44 building that is used as a manufacturing facility, commercial food
45 establishment, laboratory, car wash, laundromat, hospital, other medical
46 facility, critical infrastructure, including but not limited to emergen-
47 cy management facilities, wastewater treatment facilities, and water
48 treatment and pumping facilities, agricultural building, fuel cell
49 system, or crematorium, as such terms are defined by the state fire
50 prevention and building code council.
51 3. Nothing in this section shall be interpreted or otherwise construed
52 as preempting a municipality from prohibiting fossil-fuel heating
53 systems or setting their own emissions standards, provided that any such
54 municipal standard require deeper reductions in emissions at equivalent
55 or earlier dates.
A. 9413 6
1 § 7. Subdivision (a) of section 10-b of section 4 of chapter 576 of
2 the laws of 1974, constituting the emergency tenant protection act of
3 nineteen seventy-four, is amended by adding a new paragraph 14 to read
4 as follows:
5 14. prohibit temporary major capital improvement increases and indi-
6 vidual apartment improvement increases for buildings undertaking energy
7 efficiency, boiler, furnace, stove replacements, electrical panel, elec-
8 trical wiring or related work stemming from adherence to requirements
9 pursuant to article twenty-two of the energy law.
10 § 8. Subdivision 3 of section 170 of the correction law, as amended by
11 chapter 322 of the laws of 2021, is amended to read as follows:
12 3. Notwithstanding any other provision of law, an incarcerated indi-
13 vidual may be permitted to leave the institution under guard to volun-
14 tarily perform work for a nonprofit organization; provided that each
15 incarcerated individual who volunteers to perform work for a nonprofit
16 organization shall be paid a minimum hourly wage of not less than three
17 dollars. The department shall be entitled to charge the nonprofit organ-
18 ization a reasonable hourly rate for meals and housing of such incarcer-
19 ated individuals, if any. As used in this section, the term "nonprofit
20 organization" means an organization operated exclusively for religious,
21 charitable, or educational purposes, no part of the net earnings of
22 which inures to the benefit of any private shareholder or individual.
23 § 9. Section 171 of the correction law is amended by adding a new
24 subdivision 3 to read as follows:
25 3. Any incarcerated individual performing labor as described in this
26 section shall be compensated for their labor in accordance with the
27 provisions of subdivision five of section one hundred eighty-seven of
28 this article.
29 § 10. Subdivision 7 of section 177 of the correction law, as renum-
30 bered by chapter 256 of the laws of 2010, is renumbered subdivision 8
31 and a new subdivision 7 is added to read as follows:
32 7. Any incarcerated individual performing labor as described in this
33 section shall be compensated for their labor in accordance with the
34 provisions of subdivision five of section one hundred eighty-seven of
35 this article.
36 § 11. Section 178 of the correction law, as amended by chapter 322 of
37 the laws of 2021, is amended to read as follows:
38 § 178. Participation in work release and other community activities.
39 1. Nothing contained in this article shall be construed or applied so as
40 to prohibit private employment of incarcerated individuals in the commu-
41 nity under a work release program, or a residential treatment facility
42 program formulated pursuant to any provision of this chapter.
43 2. Any incarcerated individual who is employed under a work release
44 program or a residential treatment facility program formulated pursuant
45 to any provision of this chapter shall be compensated for their labor in
46 accordance with the provisions of subdivision five of section one
47 hundred eighty-seven of this article.
48 § 12. Section 184 of the correction law is amended by adding a new
49 subdivision 3 to read as follows:
50 3. Any incarcerated individual performing work as described in this
51 section shall be compensated for their labor in accordance with the
52 provisions of subdivision five of section one hundred eighty-seven of
53 this article.
54 § 13. Section 186 of the correction law is amended by adding a new
55 subdivision 5 to read as follows:
A. 9413 7
1 5. Any service performed by an incarcerated individual as described in
2 this section shall be compensated in accordance with the provisions of
3 subdivision five of section one hundred eighty-seven of this article.
4 § 14. Section 187 of the correction law is amended by adding a new
5 subdivision 5 to read as follows:
6 5. Notwithstanding any provision of law, rule or regulation to the
7 contrary, no incarcerated individual shall be compensated an amount that
8 is less than the minimum wage as set forth in article nineteen of the
9 labor law for work performed or work for which a wage is paid. As used
10 in this subdivision, "work for which a wage is paid" includes any task
11 assigned to an incarcerated individual for which a wage would have been
12 due except for his or her status as an incarcerated individual.
13 § 15. The correction law is amended by adding a new section 627 to
14 read as follows:
15 § 627. Real-world experience job training. 1. The department shall
16 promulgate regulations to create work release programs as such programs
17 are defined under article six-A and article twenty-seven of this chapter
18 that facilitate on-the-job training and certification in those fields
19 and industries that are in the highest demand. Such programs shall
20 target those individuals who are eligible for release within two years.
21 2. To the greatest extent possible the department shall work with
22 local community partnerships for work release programs as created under
23 article six-A and article twenty-seven of this chapter.
24 § 16. The correction law is amended by adding a new section 628 to
25 read as follows:
26 § 628. Formerly incarcerated wage subsidy program. Using funds made
27 available from the livable New York fund established pursuant to section
28 ninety-nine-rr of the state finance law, the department, in conjunction
29 with the department of labor, shall promulgate regulations creating a
30 wage subsidy program for businesses in New York that hire and employ for
31 not less than twelve continuous and uninterrupted months, persons who
32 have recently been released from the department's custody.
33 § 17. Section 606 of the tax law is amended by adding a new subsection
34 (ppp) to read as follows:
35 (ppp) Formerly incarcerated training program credit. (1) Allowance of
36 credit. For taxable years beginning on or after January first, two thou-
37 sand twenty-five, a taxpayer shall be allowed a credit, to be computed
38 as provided in this subsection, for hiring, training, and employing for
39 not less than twelve continuous and uninterrupted months (hereinafter
40 referred to as the twelve-month period) in a full-time or part-time
41 position, a formerly incarcerated individual within the state. The
42 taxpayer may claim the credit in the year in which the incarcerated
43 individual completes the twelve-month period of employment by the
44 taxpayer.
45 (2) Incarcerated individuals. A formerly incarcerated individual is
46 any person who has been released from the custody of the New York state
47 or New York city department of correction in the previous twelve months.
48 (3) Employer prohibition. An employer shall not discharge an employee
49 and hire a formerly incarcerated individual solely for the purpose of
50 qualifying for this credit.
51 (4) Amount of credit. The amount of the credit shall be fifteen
52 percent of the total amount of wages paid to the formerly incarcerated
53 individual during the individual's first twelve-month period of employ-
54 ment. The credit allowed pursuant to this subsection shall not exceed in
55 any taxable year:
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1 (i) fifteen thousand dollars for any formerly incarcerated individual,
2 employed in a full-time position for one thousand eight hundred
3 twenty or more hours in one twelve-month period; and
4 (ii) seven thousand five hundred dollars for any formerly incarcer-
5 ated individual employed in a part-time position for at least one thou-
6 sand forty hours but not more than one thousand eight hundred nineteen
7 hours in one twelve-month period.
8 (5) Carryover. If the amount of credit allowable under this subsection
9 for any taxable year exceeds the taxpayer's tax for such year, any
10 amount of credit not deductible in such taxable year may be carried over
11 to the following three years and may be deducted from the taxpayer's tax
12 for such year or years.
13 § 18. The correction law is amended by adding a new section 195 to
14 read as follows:
15 § 195. Labor programs. 1. All labor programs shall comply with the
16 following:
17 (a) All health and safety protections required to be provided to
18 employees under federal and state labor law shall be provided to incar-
19 cerated individuals engaged in labor programs; and
20 (b) All other workplace protections, including protections regarding
21 discrimination, found under federal and state labor law shall apply and
22 be provided to incarcerated individuals engaged in labor programs.
23 2. The department of labor shall exercise the same supervision over
24 conditions of employment for incarcerated individuals participating in
25 labor programs as such department does over conditions of employment for
26 non-incarcerated individuals.
27 § 19. Subdivision 2 of section 171 of the correction law, as amended
28 by chapter 364 of the laws of 1983, is amended and a new subdivision 3
29 is added to read as follows:
30 2. Such labor shall be either for the purpose of the production of
31 supplies for said institutions, or for the state, or any political
32 subdivision thereof, or for any public institution owned or managed and
33 controlled by the state, or any political subdivision thereof; or for
34 the purpose of industrial training and instruction, or partly for one,
35 and partly for the other of such purposes. To the extent possible,
36 incarcerated individuals shall be provided on-the-job vocational train-
37 ing at the correctional facility.
38 3. Vocational training. (a) Incarcerated individuals shall be provided
39 vocational programs that meet the labor market needs of either (i) the
40 county in which the facility is located or (ii) the county of the incar-
41 cerated individual's last known address.
42 (b) To the extent possible, facilities shall provide virtual reality
43 job training simulations for incarcerated individuals.
44 § 20. Subdivision 2 of section 371 of the executive law is amended by
45 adding a new paragraph f to read as follows:
46 f. Ensure that every building used in whole or in part as a home or
47 residence by one or more persons shall conform to the requirements of
48 this enforcement, inclusive, irrespective of the class to which such
49 building may otherwise belong and irrespective of when such building may
50 have been altered or repaired.
51 § 21. Section 376 of the executive law is amended by adding two new
52 subdivisions 7 and 8 to read as follows:
53 7. To develop and implement a public education and outreach program to
54 inform the public of new code requirements and how the enforcement of
55 codes operates and for what purpose. In developing such education and
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1 outreach program, the secretary shall work with localities, advocacy
2 groups, elected officials, and anyone else the secretary deems relevant.
3 8. To issue, in conjunction with the attorney general, a "renter's
4 bill of rights", that will focus on a person's right to rent a residence
5 that is free from code violations and meets the basic standards of
6 living.
7 § 22. Section 382 of the executive law is amended by adding two new
8 subdivisions 5 and 6 to read as follows:
9 5. The secretary shall promulgate regulations requiring local govern-
10 ments and their authorized agents, to the greatest extent practicable,
11 to perform inspections and write and enforce notices to remedy in lieu
12 of ordering tenants to vacate residences.
13 6. (a) In addition to any other applicable remedy or penalty, where a
14 building has been found to be in violation of any provision of the
15 uniform code or any lawful order obtained thereunder, and the building
16 is occupied by a tenant legally occupying the building, a rent rebate
17 may be offered to a tenant residing in the building where an individual
18 (i) tampered with or otherwise obstructed or attempted to obstruct an
19 inspection, or (ii) where the violation was not remedied within a
20 reasonable time frame, or (iii) where a person in violation is subject
21 to a civil penalty.
22 (b) In instances where a violation of the code endangers the health or
23 well-being of a person occupying the building, or the general public,
24 and in addition to any other applicable remedy or penalty, the owner of
25 the building may be forced to pay fines associated with any compulsory
26 cleaning or repair.
27 (c) Municipal and local agencies shall have the authority to act under
28 an emergency to clear or repair a residence whose material violation
29 endangers or impairs the health, safety, or wellbeing of a resident of
30 the building or the general public, at a cost borne by the owner of such
31 building.
32 § 23. The labor law is amended by adding a new section 219-b to read
33 as follows:
34 § 219-b. Restrictions on use of employment verification system for
35 apprenticeships. 1. Except as required by federal law or as a condition
36 of receiving federal funds, it shall be unlawful for an apprenticeship
37 program, to use the federal electronic employment verification system
38 known as E-Verify and any other succeeding electronic employment verifi-
39 cation system to check the employment authorization status of an indi-
40 vidual currently in the apprenticeship program or who is an applicant to
41 the apprenticeship program.
42 2. Apprenticeship programs may use alternative options to declare work
43 eligibility status including affidavit forms, or any other method as
44 determined by the department.
45 § 24. Paragraphs (k) and (l) of subdivision 1 of section 811 of the
46 labor law, as relettered by chapter 825 of the laws of 2021, are relet-
47 tered paragraphs (m) and (n) and two new paragraphs (k) and (l) are
48 added to read as follows:
49 (k) to foster partnerships and relationships with high schools, commu-
50 nity colleges, and nonprofits to recruit apprentices from disadvantaged
51 groups;
52 (l) to create a mentorship program to pair apprentices with journeyman
53 professionals;
54 § 25. Section 260 of article 13 of the executive law is designated
55 title 1 and a new title heading is added to read as follows:
56 DIVISION OF HOUSING AND COMMUNITY RENEWAL
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1 § 26. Article 13 of the executive law is amended by adding a new title
2 2 to read as follows:
3 TITLE 2
4 HOUSING DEVELOPMENT SUBSIDY PROGRAM
5 Section 260-a. Definitions.
6 260-b. Development subsidy.
7 260-c. Eligibility.
8 260-d. Severability.
9 § 260-a. Definitions. When used in this title:
10 1. The term "division" shall refer to the division of housing and
11 community renewal.
12 2. The term "AMI" shall refer to area median income as defined by the
13 U.S. department of housing and urban development ("HUD").
14 § 260-b. Development subsidy. 1. The division shall oversee grants and
15 subsidies for the development of housing projects which shall create, at
16 a minimum, ten thousand new units a year.
17 2. Using funds made available from the livable New York fund estab-
18 lished pursuant to section ninety-nine-rr of the state finance law, the
19 division is hereby authorized to provide grants and subsidies, to eligi-
20 ble projects across the state to achieve the housing creating goals of
21 the housing development subsidy program set forth in subdivision one of
22 this section.
23 § 260-c. Eligibility. To be eligible for subsidies under this program,
24 projects shall:
25 1. be built at an average of forty percent of the AMI, adjusted for
26 family size;
27 2. agree that rent increases on such projects shall be limited to only
28 cover increases in maintenance and operating expenses, and shall not
29 exceed more than two percent per annum;
30 3. ensure that all workers, laborers, and mechanics employed on
31 projects funded under this action shall receive not less than the
32 prevailing rate of wage and benefits for the classification of work
33 performed by each upon such project pursuant to the labor law. Nothing
34 under this paragraph shall limit the ability of labor agreements to
35 afford a wage higher than the prevailing wage for all workers, laborers,
36 and mechanics employed on projects funded under this action;
37 4. follow tenant protections that prevent eviction except in situ-
38 ations of non-payment of rent; the tenant is violating a substantial
39 obligation of the tenancy and has failed to cure such violation within
40 ten days; or the tenant is committing or permitting a nuisance in the
41 housing accommodation; or the tenant's occupancy or use or permitted use
42 of the housing accommodation is in violation of the law; or the tenant
43 has unreasonably refused the landlord's access to the housing accommo-
44 dation for the purpose of making repairs and improvements;
45 5. utilize a project labor agreement. For purposes of this paragraph,
46 "project labor agreement" shall mean a pre-hire collective bargaining
47 agreement between the authority, or a third party on behalf of the
48 authority, and a bona fide building and construction trade labor organ-
49 ization establishing the labor organization as the collective bargaining
50 representative for all persons who will perform work on a project, and
51 which provides that only contractors and subcontractors who sign a pre-
52 negotiated agreement with the labor organization can perform project
53 work. All contractors and subcontractors associated with this work shall
54 be required to utilize apprenticeship agreements as defined by article
55 twenty-three of the labor law;
A. 9413 11
1 6. to the greatest extent possible, provide training and hiring of
2 formerly incarcerated individuals; and
3 7. include an affordability covenant which shall specify that rents in
4 any unit in such residential projects receiving subsidies pursuant to
5 this section shall not exceed twenty-five percent of a household's
6 income in such unit.
7 § 260-d. Severability. If any clause, sentence, paragraph, subdivi-
8 sion, section or part of this title shall be adjudged by any court of
9 competent jurisdiction to be invalid, such judgment shall not affect,
10 impair or invalidate the remainder thereof, but shall be confined in its
11 operation to the clause, sentence, paragraph, subdivision, section or
12 part thereof directly involved in the controversy in which such judgment
13 shall have been rendered.
14 § 27. Severability. If any clause, sentence, paragraph, subdivision,
15 section or part of this act shall be adjudged by any court of competent
16 jurisdiction to be invalid, such judgment shall not affect, impair or
17 invalidate the remainder thereof, but shall be confined in its operation
18 to the clause, sentence, paragraph, subdivision, section or part thereof
19 directly involved in the controversy in which such judgment shall have
20 been rendered.
21 § 28. The sum of three billion dollars ($3,000,000,000), or so much
22 thereof as may be necessary, is hereby appropriated to the livable New
23 York fund as established pursuant to section 99-rr of the state finance
24 law from any moneys in the state treasury not otherwise appropriated and
25 made immediately available for the purposes of carrying out the
26 provisions of this act. Such moneys shall be payable on the audit and
27 warrant of the comptroller on vouchers certified or approved by the
28 commissioner of criminal justice services in the manner prescribed by
29 law.
30 § 29. This act shall take effect immediately.
