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A02655 Summary:

BILL NOA02655
 
SAME ASSAME AS S02469
 
SPONSORHunter
 
COSPNSRLupardo, Clark, Burdick, Mitaynes, Mamdani, Kelles, Pheffer Amato, Fahy, Carroll, Anderson, Forrest, Rivera, Reyes, Glick, Epstein, Rosenthal L, Simon, Hevesi, Jacobson, Burgos, Walker, Dickens, Colton, Gunther, Gonzalez-Rojas, Seawright
 
MLTSPNSR
 
Add §66-u, Pub Serv L; add §1885, Pub Auth L
 
Establishes energy efficiency measures by the public service commission and NYSERDA including requiring utilities to hire and train employees who are from priority populations or living in areas designated as environmental justice communities.
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A02655 Actions:

BILL NOA02655
 
01/26/2023referred to energy
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A02655 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2655
 
SPONSOR: Hunter
  TITLE OF BILL: An act to amend the public service law and the public authorities law, in relation to establishing energy efficiency measures by the public service commission and the New York energy research and development authority   PURPOSE: The proposed legislation would help provide equity and jobs by prior- itizing communities most likely to be affected by this State's increase climate-related initiatives.   SUMMARY OF PROVISIONS: Section 1. Amends the public service law by adding a new section 66-u. The public service commission is directed to establish an energy effi- ciency program for utilities, in order to stimulate the growth and adoption of more efficient use of energy and to promote the hiring and training of employees by such utilities. The commission will develop, oversee and issue guidelines to be used as part of any energy efficiency or utility program and will set requirements for the hiring of individ- uals from priority populations.' Section 2. Amends the public service law to outline reporting require- ments when hiring within a priority population cannot be accomplished as required by section 66-u of this article. Section 3 provides a standard severability clause. Section 4 sets forth the effective date.   JUSTIFICATION: As New York moves forward to the clean energy demands of the future, it is imperative that we are mindful of those residents whose livelihood depends upon the currently dominant source of energy supply, addi- tionally, we also must be conscious of those whose communities that will be most affected by the new energy rules and regulations. This bill aims to provide equity and jobs to the people in those communities.   LEGISLATIVE HISTORY: 2022: A3996C - COMMITTED TO RULES 2020: A.10640   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect one year after it shall have become law.
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A02655 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2655
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 26, 2023
                                       ___________
 
        Introduced by M. of A. HUNTER, LUPARDO, CLARK, BURDICK, MITAYNES, MAMDA-
          NI,  KELLES,  PHEFFER AMATO, FAHY, CARROLL, ANDERSON, FORREST, RIVERA,
          REYES, GLICK, EPSTEIN, L. ROSENTHAL, SIMON, HEVESI, JACOBSON,  BURGOS,
          WALKER,  DICKENS,  COLTON,  GUNTHER,  GONZALEZ-ROJAS  -- read once and
          referred to the Committee on Energy

        AN ACT to amend the public service law and the public  authorities  law,
          in  relation  to establishing energy efficiency measures by the public
          service commission and the New York 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. The public service law is amended by adding a  new  section
     2  66-u to read as follows:
     3    § 66-u. Energy  efficiency  program.  1.  As used in this section, the
     4  following terms shall have the following meanings:
     5    (a) "energy efficiency" means the reduction  in  overall  energy  use,
     6  expressed as a percentage against a prior baseline of historical use, or
     7  in  British  thermal units (BTUs). Energy efficiency shall include envi-
     8  ronmentally beneficial electrification;
     9    (b) "energy efficiency measure" means a particular  good  or  practice
    10  that provides an energy efficiency benefit;
    11    (c)  "environmentally  beneficial electrification" means a replacement
    12  of direct fossil fuel use with electricity  such  that  the  replacement
    13  reduces overall emissions;
    14    (d)  "disadvantaged communities" shall have the same meaning as subdi-
    15  vision five of section 75-0101 of the environmental conservation law;
    16    (e) "residential building" means a building having primary  use  as  a
    17  domicile;
    18    (f)  "small  commercial building" means a building operated by a busi-
    19  ness or not-for-profit organization with one hundred employees or fewer;
    20  provided they (i) own their building or (ii) lease or manage all or part
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06250-01-3

        A. 2655                             2
 
     1  of the building and have a release from the building owner to apply  for
     2  financing through the program; and
     3    (g)  "priority  populations" means groups that include veterans, indi-
     4  viduals with  disabilities,  low-income  individuals,  unemployed  power
     5  plant  workers,  previously incarcerated individuals, persons aged eigh-
     6  teen through twenty-four participating  in  work  preparedness  training
     7  programs, or residents of disadvantaged communities.
     8    2.  In  order to stimulate the growth and adoption of a more efficient
     9  use of energy in disadvantaged communities and to promote the hiring and
    10  training of employees from disadvantaged communities and priority  popu-
    11  lations,  the  commission shall develop, oversee and issue guidelines to
    12  be used as part of any energy efficiency proceeding or utility  program,
    13  which shall include the following elements:
    14    (a)  any  job  training  funding  administered by utilities for energy
    15  efficiency implementation shall serve individuals  from  priority  popu-
    16  lations  or  trainees  living in disadvantaged communities, at a minimum
    17  proportional to these areas' percentage share of the  total  residential
    18  housing and small commercial building stock within the state;
    19    (b)  beginning three years after the effective date of this paragraph,
    20  installers, technicians, crew leaders, construction workers and  appren-
    21  tices  hired  for  implementation  of utility energy efficiency programs
    22  shall be from priority populations or disadvantaged  communities,  at  a
    23  minimum proportional to these areas' percentage share of the total resi-
    24  dential housing and small commercial building stock within the state, or
    25  from other priority populations and disadvantaged communities within one
    26  hundred miles of target work sites; and
    27    (c)  beginning three years after the effective date of this paragraph,
    28  require that any residential and/or  small  business  energy  efficiency
    29  program  funding  used  directly for energy efficiency measures adminis-
    30  tered by utilities shall  be  allocated  to  disadvantaged  communities,
    31  proportional  to  these areas' percentage share of the total residential
    32  housing and small commercial building stock within the state.
    33    3. (a) In any calendar year that a utility is unable to meet  the  job
    34  training  or  hiring  requirements  pursuant  to subdivision two of this
    35  section, such utility shall file with the public  service  commission  a
    36  detailed    report   describing   the   activities   and efforts made to
    37  comply with such requirements, including but not limited to  information
    38  about outreach conducted in disadvantaged communities and among  priori-
    39  ty  populations  and areas where the utility publicized job and training
    40  opportunities. The utility shall also include a draft  plan for  how  it
    41  will work with community partners and stakeholders to build up the qual-
    42  ified applicant pool to comply with such requirements  during  the  next
    43  calendar    year.   The   plan   will   be subject to a sixty-day public
    44  comment period after which a final plan  that  incorporates  the  public
    45  comments will be filed with the commission.
    46    (b) The commission shall conduct a periodic performance audit ensuring
    47  that disadvantaged communities have  access  to  the  utility  workforce
    48  development  training, jobs, and opportunities pursuant to this section.
    49  The commission shall publish the results of each  performance  audit  on
    50  the commission's website.
    51    (c)  The  commission shall have the authority to adjudicate complaints
    52  and conduct investigations for violation of this section in  the  manner
    53  provided  by the provisions of this article and shall have the authority
    54  to enforce the provisions of this section  in  accordance  with  section
    55  twenty-six of this chapter.

        A. 2655                             3
 
     1    §  2.  The  public  authorities law is amended by adding a new section
     2  1885 to read as follows:
     3    §  1885.  Efficiency  requirements.  1.  As  used in this section, the
     4  following terms shall have the following meanings:
     5    (a) "energy efficiency" means the reduction  in  overall  energy  use,
     6  expressed as a percentage against a prior baseline of historical use, or
     7  in  British  Thermal Units (BTUs). Energy efficiency shall include envi-
     8  ronmentally beneficial electrification;
     9    (b) "environmentally beneficial electrification" means  a  replacement
    10  of  direct  fossil  fuel  use with electricity such that the replacement
    11  reduces overall emissions;
    12    (c) "disadvantaged communities" shall have the same meaning as  subdi-
    13  vision five of section 75-0101 of the environmental conservation law;
    14    (d)  "authority" means the New York state energy research and develop-
    15  ment authority;
    16    (e) "small commercial building" means a building operated by  a  busi-
    17  ness or not-for-profit organization with one hundred employees or fewer,
    18  provided such business or not-for-profit organization (i) own the build-
    19  ing;  or  (ii)  lease  or  manage all or part of the building and have a
    20  release from the building owner  to  apply  for  financing  through  the
    21  authority;
    22    (f)  "priority  population" means groups that include veterans, Native
    23  Americans, individuals with disabilities, low-income individuals,  unem-
    24  ployed power plant workers, previously incarcerated individuals, persons
    25  aged  eighteen  through  twenty-four  participating in work preparedness
    26  training programs, or residents of disadvantaged communities.
    27    2. In order to stimulate the growth and adoption of a  more  efficient
    28  use  of energy in disadvantaged communities and to promote the equitable
    29  distribution of energy efficiency benefits, the authority  may  allocate
    30  funds to the non-energy related interventions in conjunction with energy
    31  interventions,  including  but  not  limited to mold, lead, and asbestos
    32  remediation pursuant to the recommendations of  an  integrated  physical
    33  needs  assessment  performed  by  the  division of housing and community
    34  renewal or other qualified agency; the authority shall  further  require
    35  that:
    36    (a)  any  program funding for the installation of end-use energy effi-
    37  ciency measures administered by the authority with the goal of achieving
    38  the one hundred eighty-five trillion BTUs of end-use  energy  below  the
    39  year  two  thousand  twenty-five energy use forecast goal shall be allo-
    40  cated to disadvantaged communities at a  minimum  proportional  to  such
    41  areas'  share  of the state housing and small commercial building stock;
    42  and
    43    (b)  any job training program funding administered  by  the  authority
    44  for  energy  efficiency  implementation  serve individuals from priority
    45  populations or trainees living in disadvantaged communities proportional
    46  to such areas' share of the state housing and small commercial  building
    47  stock; and
    48    (c) employees hired for implementation of authority programs for ener-
    49  gy  efficiency implementation are from disadvantaged communities propor-
    50  tional to these areas' share of the state housing and  small  commercial
    51  building stock.
    52    3.  The  authority shall include resource impacts, non-energy impacts,
    53  distribution impacts and economic development impacts in any  cost-bene-
    54  fit analysis utilized in designing or implementing any energy efficiency
    55  program  initiated, updated, or revised subsequent to the effective date
    56  of this section.

        A. 2655                             4
 
     1    4. The authority shall publish on its website data on non-energy bene-
     2  fits (NEBs) of home and building-scale energy efficiency programming  as
     3  evaluated by the authority in cost-benefit analyses.
     4    5.  The authority shall perform a geographic analysis within disadvan-
     5  taged communities to map and identify where workforce opportunities  and
     6  gaps  exist  in energy efficiency and shall work with the existing work-
     7  force development programs, union apprenticeships,  community  organiza-
     8  tions and regional hubs to fund pre-apprenticeship programs and communi-
     9  ty  training  for  energy  efficiency jobs based on the findings of such
    10  analysis.
    11    6. The authority shall measure  tenant  displacement  rates  and  rent
    12  increases incurred as a result of any energy efficiency funding received
    13  under  this  section.  The  authority  shall publish any findings on its
    14  website and shall recommend to the legislature any necessary actions  to
    15  avoid  the  displacement of tenants as a result of the energy efficiency
    16  funding received pursuant to this section.
    17    § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
    18  sion, section or part of this act shall be  adjudged  by  any  court  of
    19  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    20  impair, or invalidate the remainder thereof, but shall  be  confined  in
    21  its  operation  to the clause, sentence, paragraph, subdivision, section
    22  or part thereof directly involved in the controversy in which such judg-
    23  ment shall have been rendered. It is hereby declared to be the intent of
    24  the legislature that this act would  have  been  enacted  even  if  such
    25  invalid provisions had not been included herein.
    26    §  4. This act shall take effect one year after it shall have become a
    27  law. Effective immediately, the addition, amendment and/or repeal of any
    28  rule or regulation necessary for the implementation of this act  on  its
    29  effective date are authorized to be made and completed on or before such
    30  effective date.
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