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A08901 Summary:

BILL NOA08901
 
SAME ASSAME AS S05888, SAME AS S51031
 
SPONSORSilver (MS)
 
COSPNSRCahill, Kolb, Sweeney, O'Mara, Alessi, Christensen, Lupardo
 
MLTSPNSRBenedetto, Boyland, Bradley, Clark, Colton, Crespo, DelMonte, Destito, Eddington, Englebright, Farrell, Gabryszak, Galef, Gordon, Hevesi, Hyer-Spencer, Jacobs, Jaffee, John, Koon, Lancman, Latimer, Lavine, Lifton, Markey, Peoples-Stokes, Pheffer, Reilly, Russell, Schimel, Skartados, Spano, Stirpe, Titone, Towns, Weinstein
 
Add Art 8 Title 9-A SS1890 - 1899-a S1855, Pub Auth L; add S99-g, St Fin L
 
Establishes the green jobs-green New York act, to promote energy efficiency, energy conservation and the installation of clean energy technologies, to reduce energy consumption and costs, reduce greenhouse gas emissions, support sustainable community development and to create green job opportunities.
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A08901 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8901
 
SPONSOR: Silver (MS)
  TITLE OF BILL: An act to amend the public authorities law, in relation to establishing the "green jobs-green New York act of 2009"; and to amend the state finance law, in relation to establishing the green jobs-green New York fund   PURPOSE OR GENERAL IDEA OF BILL: Establish a "Green Jobs/Green New York" program administered by the New York State Energy Research and Development Authority (NYSERDA) with a goal of making 1,000,000 homes, businesses, and not-for-profits in New York more energy efficient while creating thousands of new green jobs and training the workers to fill them.   SUMMARY OF SPECIFIC PROVISIONS: Section one: *Provides definitions for the Green Jobs/ Green New York program. *Authorizes NYSERDA to establish the Green Jobs/Green New York Program by implementing a demonstration program to provide funding for the performance of energy audits and energy-efficient retrofits for residen- tial, small business, and not-for-profit property owners in order to reduce dependence on fossil fuels, lower housing costs, support communi- ty development and create green jobs to sustain and enhance our economy. *Requires NYSERDA to establish innovative financing mechanisms such as on-bill financing that allow consumers to pay for these improvements through energy savings over a period of time. *Requires: selection of target communities for the program through a competitive process and requires applicants to include local community groups in collaboration with contractors, local utilities, including LIPA and NYPA and labor and training organizations; geographic diversi- ty; and, criteria for awards to include preferences to coalitions that include women and minority based businesses and groups based in econom- ically distressed communities. *Provides $112 million of capital funding from the Regional Greenhouse Gas Initiative (RGGI), $70 million of which will be for a Green Jobs- Green New York revolving loan fund designed to commit resources fully during this phase with no less than 50 percent of capital monies going to residential retrofits. *Provides $2-4 million of RGGI funds to be used to establish green job training throughout the state to establish a green workforce for the 21st century and requires the NYS Department of Labor to work with NYSERDA to development additional training resources. *Establishes a Green Jobs/Green New York advisory council to advise NYSERDA on the creation and implementation of the program. *Requires NYSERDA to submit an annual report to the Governor, the Tempo- rary President of the Senate, the Speaker of the Assembly, the Minority Leader of the Senate and the Minority Leader of the Assembly concerning the authorities activities related to the Green Jobs-Green New York program. Section 2 requires NYSERDA to establish rules and regulations to govern the program. Section 3 requires DEC to deposit $112 million of RGGI funds into the Green Jobs/Green New York fund. Section 4 establishes the Green Jobs/Green New York fund in the joint custody of the Comptroller and the Commissioner of Taxation and Finance.   JUSTIFICATION: Promoting widespread dissemination of energy conserva- tion and clean energy technologies represents a clear and cost-effective pathway for communities in New York State to curtail emissions of green- house gases and harmful air contaminants, reduce dependence on fossil fuels, lower housing costs, support community development and create green jobs to sustain and enhance our economy. Installation of energy efficiency improvements to reduce the loss or waste of energy is a prov- en method that can pay for itself over reasonable time periods. Howev- er, lack of affordable and accessible financing for many owners of resi- dential properties, small businesses and non-profit organizations has hindered progress in fully realizing the promise of these technologies. By enacting a "Green Jobs/Green New York" program, the state will authorize the performance of energy-efficient retrofits at no initial cost to residential property owners, with an ultimate goal of improving at least one million residential units over the next five years, and demonstrate the effectiveness of innovative financing mechanisms in reaching this goal.   PRIOR LEGISLATIVE HISTORY: 2009: New   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: $112 million of capital funding from the Regional Greenhouse Gas Initiative (RGGI)   EFFECTIVE DATE: This act shall take effect immediately.
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A08901 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8901
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 12, 2009
                                       ___________
 
        Introduced  by  M.  of A. SILVER, CAHILL, KOLB, SWEENEY, O'MARA, ALESSI,
          CHRISTENSEN, LUPARDO -- Multi-Sponsored by  --  M.  of  A.  BENEDETTO,
          BOYLAND, BRADLEY, CLARK, COLTON, CRESPO, DelMONTE, DESTITO, EDDINGTON,
          ENGLEBRIGHT,  FARRELL, GABRYSZAK, GALEF, GORDON, HEVESI, HYER-SPENCER,
          JACOBS, JAFFEE, JOHN, KOON, LANCMAN, LATIMER, LAVINE, LIFTON,  MARKEY,

          PEOPLES,  PHEFFER, REILLY, RUSSELL, SCHIMEL, SKARTADOS, SPANO, STIRPE,
          TITONE, TOWNS, WEINSTEIN -- read once and referred to the Committee on
          Energy
 
        AN ACT to amend the public authorities law, in relation to  establishing
          the  "green  jobs-green  New York act of 2009"; and to amend the state
          finance law, in relation to establishing the green jobs-green New York
          fund
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Legislative  findings. The legislature finds and declares
     2  that promoting widespread dissemination of energy conservation and clean
     3  energy technologies represents a clear and cost-effective  strategy  for
     4  communities  in  New  York  state  to curtail the emission of greenhouse
     5  gases and harmful air contaminants, reducing dependence on fossil fuels,

     6  lowering housing costs, supporting community  development  and  creating
     7  green  jobs  to sustain and enhance our economy. These jobs will provide
     8  meaningful employment opportunities for displaced workers, the long-term
     9  unemployed and new workforce entrants. Installation of energy efficiency
    10  improvements to reduce the loss or waste of energy will allow  consumers
    11  to  pay  for these improvements through energy savings over a reasonable
    12  period of time. However, lack of affordable and accessible financing for
    13  many owners of residential properties, small businesses  and  non-profit
    14  organizations  has  hindered  progress in fully realizing the promise of
    15  these technologies. Therefore, it is the intent of  the  legislature  to
    16  enact  a "Green Jobs-Green New York" program to perform energy-efficient
    17  retrofits at no initial cost to residential property  owners,  with  the
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14266-03-9

        A. 8901                             2
 
     1  ultimate  goals of improving at least one million residential units over
     2  the next five years, creating thousands  of  new  green  jobs,  training
     3  workers  to  fill them and demonstrating the effectiveness of innovative
     4  financing mechanisms in reaching this goal.
     5    §  2.  Article  8 of the public authorities law is amended by adding a
     6  new title 9-A to read as follows:
     7                                  TITLE 9-A
     8                      GREEN JOBS-GREEN NEW YORK PROGRAM
     9  Section 1890.   Short title.

    10          1891.   Definitions.
    11          1892.   Purpose.
    12          1893.   Administration by the authority.
    13          1894.   Competitive grants for outreach, enrollment and  related
    14                    services.
    15          1895.   Energy audits.
    16          1896.   Green jobs-green New York revolving loan fund.
    17          1897.   Training services.
    18          1898.   Advisory council.
    19          1899.   Annual reporting.
    20          1899-a. Funds, administration and evaluation and coordination.
    21    § 1890. Short title. This title shall be known and may be cited as the
    22  "green jobs-green New York act of 2009".
    23    §  1891.  Definitions.  As  used  in this section, the following terms

    24  shall have the following meanings:
    25    1. "Applicant" means a person who owns, leases or manages a  structure
    26  and  who  has  the  authority to contract for the provision of qualified
    27  energy efficiency services to such structure.
    28    2. "Authority" shall have the same meaning as in  subdivision  two  of
    29  section eighteen hundred fifty-one of this article.
    30    3.  "Constituency-based  organization"  means an organization incorpo-
    31  rated for the purpose of  providing  services  or  other  assistance  to
    32  economically or socially disadvantaged persons within a specified commu-
    33  nity,  and  which  is  supported  by,  or whose actions are directed by,
    34  members of the community in which it operates.

    35    4. "Distribution  utility"  means  any  gas  or  electric  corporation
    36  providing gas or electricity to end use consumers that is a public util-
    37  ity  company,  including  a  municipality, or a public utility authority
    38  organized pursuant to article five of this chapter.
    39    5. "Eligible project" means qualified energy efficiency services for a
    40  non-residential structure, a residential  structure  or  a  multi-family
    41  structure.
    42    6.  "Energy  audit"  means  a formal evaluation of a building's energy
    43  consumption for the purpose of identifying  methods  to  improve  energy
    44  efficiency  and  conserve energy, including associated health and safety
    45  issues, conducted pursuant to standards established by the authority.

    46    7. "Green jobs-green New York revolving loan fund" or "revolving  loan
    47  fund" means the green jobs-green New York revolving loan fund created by
    48  subdivision one of section eighteen hundred ninety-six of this title.
    49    8.  "Multi-family  structure"  means a multi-unit residential building
    50  with five or more dwelling units.
    51    9. "Non-residential structure" means a building that is used or  occu-
    52  pied by a small business or a not-for-profit corporation.
    53    10. "Not-for-profit corporation" means a corporation defined in subdi-
    54  vision  five of paragraph (a) of section one hundred two of the not-for-
    55  profit corporation law.

        A. 8901                             3
 

     1    11. "Program" means the green jobs-green New York energy  conservation
     2  and community sustainability program created by this title.
     3    12.  "Qualified  energy efficiency services" means a modification to a
     4  structure,  based  on  recommendations  contained  in  an  energy  audit
     5  performed under the program created under section eighteen hundred nine-
     6  ty-two of this title or as otherwise approved by the authority, which is
     7  consistent  with  standards  established  by  the  authority,  that will
     8  increase the energy efficiency and conservation of  an  existing  struc-
     9  ture, including but not limited to:
    10    (a) application of weatherstripping, caulking, sealant and other mate-
    11  rials  around  doors,  windows,  and  other  areas of a building for the

    12  purpose of insulating or sealing openings in the building  envelope  and
    13  within the building to mitigate energy loss;
    14    (b)  testing,  repairing  and  replacing heating or cooling systems or
    15  components of such systems;
    16    (c) thermostat upgrades;
    17    (d) water heater repair and replacement;
    18    (e) roof, chimney, fireplace and roof vent  repair,  insofar  as  such
    19  repairs  are  determined  by an energy audit to be necessary to mitigate
    20  energy loss or resolve energy-system related health and safety issues;
    21    (f) repair and replacement of storm  windows,  permanent  windows  and
    22  exterior doors;
    23    (g) repair or replacement of major household appliances;

    24    (h) installation of thermal solar heat or hot water systems;
    25    (i) addition of insulation to exterior walls or ceilings;
    26    (j)  replacement  of inefficient light bulbs and lighting fixtures and
    27  systems;
    28    (k) minor repairs that are necessary to ensure maximum efficiency from
    29  the provision of qualified energy efficiency services;
    30    (l) installation of carbon monoxide detectors and indoor environmental
    31  testing and mitigation deemed necessary as a result of the provision  of
    32  other qualified energy efficiency services; and
    33    (m)  fuel  switching  to  convert an electrically-heated building to a
    34  more efficient heating source provided that significant energy cost-sav-

    35  ings can be  demonstrated  pursuant  to  standards  established  by  the
    36  authority.
    37    13. "Residential structure" means a residential building that has four
    38  or fewer dwelling units.
    39    14.  "Small  business"  shall  have the same meaning as in section one
    40  hundred thirty-one of the economic development law.
    41    15. "Structure" means (a) a non-residential structure, (b) a  residen-
    42  tial structure, and (c) a multi-family structure.
    43    §  1892.  Purpose. There is hereby created a green jobs-green New York
    44  program. The purpose of the program is to:
    45    1. promote energy efficiency, energy conservation and the installation
    46  of clean energy technologies;
    47    2. reduce energy consumption and energy costs;

    48    3.  reduce greenhouse gas emissions;
    49    4. support sustainable community development;
    50    5.  create green job opportunities, including  opportunities  for  new
    51  entrants  into  the  state's  workforce,  the  long-term  unemployed and
    52  displaced workers; and
    53    6. use innovative financing mechanisms to  finance  energy  efficiency
    54  improvements through energy cost savings.
    55    §  1893.  Administration  by the authority.   Within six months of the
    56  effective date of this title, the authority  is  hereby  authorized  and

        A. 8901                             4
 
     1  directed  to  establish  and  administer  the  green jobs-green New York
     2  program. The authority shall implement the program in consultation  with

     3  the  division of housing and community renewal, the department of labor,
     4  the  office  of  temporary  and disability assistance, the department of
     5  public service, the power authority of the state of New York,  the  Long
     6  Island  power  authority, the department of economic development and the
     7  department of environmental conservation.  The authority  is  authorized
     8  and directed to:
     9    1. use monies made available for the program pursuant to section eigh-
    10  teen  hundred ninety-nine-a of this title to achieve the purposes of the
    11  program;
    12    2. enter into  contracts  with  constituency-based  organizations  and
    13  other entities through the competitive grants process authorized by this
    14  title;

    15    3.  enter  into  contracts  with  one  or more program implementers to
    16  perform such functions as the authority deems appropriate; and
    17    4. exercise such other powers as are necessary for the proper adminis-
    18  tration of the program.
    19    § 1894.  Competitive  grants  for  outreach,  enrollment  and  related
    20  services.  1.  The authority shall issue one or more program opportunity
    21  notices or requests for proposals to solicit applications from  partner-
    22  ships  or  consortia comprised of constituency-based organizations which
    23  can connect community members to  the  program,  including  facilitating
    24  awareness of the program and enrollment, and (a) distribution utilities,
    25  (b)  contractors  that have signed enforceable agreements to meet stand-

    26  ards set by the authority, including  standards  for  local  hiring  and
    27  pre-apprenticeship  and apprenticeship and other labor-management train-
    28  ing program participation, (c) workforce development organizations  that
    29  will recruit unemployed individuals, and provide training and job place-
    30  ment  in  conjunction  with  contractors  pursuant  to  section eighteen
    31  hundred ninety-seven of this title;  and/or  (d)  organized  trades  and
    32  their  certification  or  apprenticeship  programs.  The authority shall
    33  specifically solicit applications that propose to demonstrate the feasi-
    34  bility of innovative financing mechanisms, including but not limited  to
    35  applications  undertaken in partnership with distribution utilities that

    36  propose to demonstrate the feasibility of on-bill financing.  The public
    37  service commission and other  appropriate  agencies  are  authorized  to
    38  coordinate  with  the  authority and applicants in developing and imple-
    39  menting proposed demonstrations of innovative financing mechanisms.
    40    2. In awarding grants, the authority shall:
    41    (a) target communities in areas where energy  costs  are  particularly
    42  high  in  relation to a measure of median household income as determined
    43  by the authority; or which have been designated as a nonattainment  area
    44  for  one or more pollutants pursuant to section 107 of the federal Clean
    45  Air Act (42 U.S.C. section 4207);
    46    (b) give preference in awards to applicants that  include  significant

    47  participation by minority and women owned business enterprises and/or to
    48  applications to serve economically distressed communities;
    49    (c) ensure that the awards as a whole reflect the geographic diversity
    50  of the state; and
    51    (d)  award  a sufficient number of grants to make it possible to fully
    52  commit the resources allocated during the initial phase of the program.
    53    3. (a) The authority is authorized to consult with the  department  of
    54  public  service,  the  division  of  housing  and community renewal, the
    55  department of labor and the department of environmental conservation, as
    56  appropriate, in making any determinations contemplated by this section.

        A. 8901                             5
 

     1    (b) The authority shall consult with representatives of businesses who
     2  provide home heating oil,  propane  and  other  petroleum-based  heating
     3  products to develop innovative financing mechanisms for energy efficien-
     4  cy retrofits.
     5    (c)  The  authority  shall  consult  with  the division of housing and
     6  community renewal and the council established pursuant to section  eigh-
     7  teen  hundred  ninety-eight of this title to develop strategies to miti-
     8  gate any adverse economic impact of the program   on tenants,  including
     9  but  not limited to residents of in rent-regulated housing or recipients
    10  of housing subsidies.
    11    § 1895. Energy audits. 1. The program shall make available  to  appli-

    12  cants who would be eligible to apply for financial assistance under this
    13  section  energy audits performed by certified auditors or auditors using
    14  commonly-employed energy auditing tools and technologies, as  determined
    15  appropriate by the authority. The authority shall be authorized to dedi-
    16  cate  an  appropriate portion of program funds allocated for the funding
    17  of energy audits pursuant to section eighteen hundred  ninety-nine-a  of
    18  this  title to non-residential properties that are occupied or used by a
    19  small business or not-for-profit corporation with ten or  fewer  employ-
    20  ees.
    21    2.  The authority shall establish standards for energy audits based on
    22  building type and other relevant considerations.

    23    3. The authority shall establish a schedule of fees for energy  audits
    24  based  on  the  type  and  nature of the energy audit and other relevant
    25  considerations.  The  schedule  shall  include  a  sliding  scale  which
    26  provides  that  audit  fees  shall  be waived for residential applicants
    27  whose demonstrated income is less  than  two  times  the  median  county
    28  household  income,  and  the full fees shall be paid by applicants whose
    29  median county household income is not less than four  times  the  median
    30  county  household  income.  Applicants  whose  demonstrated incomes fall
    31  between these levels shall pay a pro rata percentage of the audit  fees.
    32  The  authority  may  provide for discounted fees for small businesses or

    33  not-for-profit corporations with ten or fewer employees.
    34    § 1896. Green jobs-green New York revolving loan fund. 1. (a) There is
    35  hereby created a green jobs-green New  York  revolving  loan  fund.  The
    36  revolving loan fund shall consist of:
    37    (i)  all  moneys  made available for the purpose of the revolving loan
    38  fund pursuant to section eighteen hundred ninety-nine-a of this title;
    39    (ii) payments of principal and  interest  made  pursuant  to  loan  or
    40  financing  agreements  entered  into  with the authority or its designee
    41  pursuant to this section; and
    42    (iii) any interest earned by the investment of moneys in the revolving
    43  loan fund.
    44    (b) The revolving loan fund shall consist of two accounts:

    45    (i) one account which shall be maintained for monies to be made avail-
    46  able to provide loans to finance the cost of approved  qualified  energy
    47  efficiency  services  for residential structures and multi-family struc-
    48  tures, and
    49    (ii) one account which shall be maintained for monies  made  available
    50  to  provide loans to finance the cost of approved qualified energy effi-
    51  ciency services for non-residential structures. The initial  balance  of
    52  the  residential  account  established  in  clause (i) of this paragraph
    53  shall represent at least fifty percent of the total balance of  the  two
    54  accounts.  The authority shall not commingle the monies of the revolving
    55  loan fund with any other monies of the authority or held by the authori-

    56  ty, nor shall the  authority  commingle  the  monies  between  accounts.

        A. 8901                             6
 
     1  Payments  of  principal,  interest  and fees shall be deposited into the
     2  account created and maintained for  the  appropriate  type  of  eligible
     3  project.
     4    (c)  In  administering  such  program, the authority is authorized and
     5  directed to:
     6    (i) use monies made available for the revolving loan fund  to  achieve
     7  the  purposes  of this section by section eighteen hundred ninety-nine-a
     8  of this title, including but not limited to making loans  available  for
     9  eligible projects;
    10    (ii)  enter  into  contracts  with one or more program implementers to

    11  perform such functions as the authority deems appropriate; and
    12    (iii) exercise such other powers  as  are  necessary  for  the  proper
    13  administration of the program.
    14    2. (a) The authority shall provide financial assistance in the form of
    15  loans  for  the  performance of qualified energy efficiency services for
    16  eligible projects on terms and conditions established by the authority.
    17    (b) Loans made by the authority pursuant  to  this  section  shall  be
    18  subject to the following limitations:
    19    (i)  eligible  projects shall meet cost effectiveness standards devel-
    20  oped by the authority;
    21    (ii) loans shall not exceed thirteen thousand  dollars  per  applicant

    22  for approved qualified energy efficiency services for residential struc-
    23  tures, and twenty-six thousand dollars per applicant for approved quali-
    24  fied  energy efficiency services for non-residential structures, and for
    25  multi-family structures loans shall be  in  amounts  determined  by  the
    26  authority,  provided,  however,  that  the authority shall assure that a
    27  significant  number  of  residential  structures  are  included  in  the
    28  program; and
    29    (iii)  loans shall be at interest rates determined by the authority to
    30  be no higher than necessary to make the provision of the qualified ener-
    31  gy efficiency services feasible.
    32    In determining whether to make a loan, and the amount of any loan that

    33  is made, the authority is authorized to consider whether  the  applicant
    34  or  borrower  has received, or is eligible to receive, financial assist-
    35  ance and other incentives from any other source for the qualified energy
    36  efficiency services which would be the subject of the loan.
    37    (c) Applications for financial assistance  pursuant  to  this  section
    38  shall  be reviewed and evaluated by the authority or its designee pursu-
    39  ant to eligibility and qualification requirements  and  criteria  estab-
    40  lished by the authority. The authority shall establish standards for (i)
    41  qualified energy efficiency services, and (ii) measurement and verifica-
    42  tion  of  energy savings. Such standards shall meet or exceed the stand-

    43  ards used by the authority for similar  programs  in  existence  on  the
    44  effective date of this section.
    45    (d)  The  amount  of  a  fee  paid  for an energy audit provided under
    46  section eighteen hundred ninety-five of this title may be added  to  the
    47  amount  of a loan that is made under this section to finance the cost of
    48  an eligible project conducted in response to such energy audit. In  such
    49  a  case,  the  amount  of the fee may be reimbursed from the fund to the
    50  borrower.
    51    § 1897. Training services. 1. The authority, in consultation with  the
    52  department  of labor, shall enter into contracts with constituency-based
    53  organizations, workforce development organizations, labor organizations,

    54  and other training-related organizations, for the purpose of  supporting
    55  the  "green  jobs-green  New  York program" with employment and training
    56  services. Such contracts shall provide for (a) training  of  individuals

        A. 8901                             7
 
     1  to  participate  in  outreach  and  marketing activities, perform energy
     2  audits  and  provide  qualified  energy  efficiency  services  and   (b)
     3  provision  of  job placement services to such individuals. To the extent
     4  permitted  by statute, regulation or federal grant a preference shall be
     5  given for training and placement of women, minorities, low-income  indi-
     6  viduals and populations with barriers to employment.

     7    2.  Training  services  authorized  pursuant to this subdivision shall
     8  include, as appropriate, but not be limited to:
     9    (a) incremental occupational training to unemployed workers with  good
    10  work histories;
    11    (b)  work-readiness  and entry-level technical training to individuals
    12  with weak work histories;
    13    (c) apprenticeship  qualifying,  apprenticeship  and  labor-management
    14  certification training;
    15    (d)  training  that  is  designed  to  lead to certification in energy
    16  auditing and energy performance contracting;
    17    (e) skills upgrading for incumbent workers, including workers perform-
    18  ing weatherization activities under division of  housing  and  community
    19  renewal programs;

    20    (f)  work support, where appropriate and to the extent that funding is
    21  available, to individuals who obtain employment through the "green jobs-
    22  green New York program" created by this title, to assist  such  individ-
    23  uals to retain employment and continue to upgrade their skills.
    24    3.  For  quality  assurance purposes, organizations providing training
    25  services pursuant to  this  section  shall  possess  certifications  and
    26  accreditations deemed appropriate by the authority, in consultation with
    27  the department of labor.
    28    4.  The  authority, in cooperation with the department of labor, shall
    29  facilitate coordination between constituency-based organizations,  work-
    30  force  development  organizations,  labor organizations and auditing and

    31  energy performance services contractors to provide job opportunities for
    32  individuals participating in training programs and  receiving  placement
    33  services pursuant to this section.
    34    5. The authority, in cooperation with the department of labor, shall:
    35    (a)  encourage  local  workforce investment boards created pursuant to
    36  the federal workforce investment act of 1998 (Public  Laws  105-220)  to
    37  make  available  training and job placement services authorized pursuant
    38  to this subdivision within each local workforce investment area:
    39    (b) access training  services  available  through  the  department  of
    40  labor; and
    41    (c)  apply  for  available  federal  funding  for appropriate training

    42  services pursuant to the provisions of the american recovery  and  rein-
    43  vestment act of 2009 (Public Laws 111-5) and any other applicable feder-
    44  al law.
    45    6.  The  department  of  labor  shall coordinate with the authority in
    46  implementing this section.
    47    § 1898. Advisory council. 1. The authority  shall  establish  a  green
    48  jobs-green  New  York  advisory  council  to advise the authority on the
    49  creation and implementation of the program. The  council  shall  consist
    50  of:
    51    (a)  the  president  of  the  authority;  the  secretary of state; the
    52  commissioner of housing  and  community  renewal;  the  commissioner  of
    53  labor;  the  commissioner  of  temporary  and disability assistance; the

    54  chair of the consumer protection board; the chair of the  department  of
    55  public service; the president of the power authority of the state of New
    56  York; the president of the Long Island power authority; the commissioner

        A. 8901                             8
 
     1  of economic development; the commissioner of environmental conservation;
     2  or the designees of such persons; and
     3    (b)  representatives  of constituency-based community groups; consumer
     4  advocates on  utility  and  housing  issues;  community-based  workforce
     5  development  groups;  unions,  including  building  trades  and property
     6  services;  home  performance   contractors;   large-scale   construction
     7  contractors; and investment market experts.

     8    2.  The  president  of  the  authority shall serve as the chair of the
     9  council.
    10    § 1899. Annual reporting. No later than October  first,  two  thousand
    11  ten  and  October  first  of  each year thereafter, the president of the
    12  authority shall issue an annual report to the  governor,  the  temporary
    13  president of the senate, the speaker of the assembly, the minority lead-
    14  er  of the senate and the minority leader of the assembly concerning the
    15  authority's activities related to  the  green  jobs  -  green  New  York
    16  program  created  pursuant to this title. Such report shall include, but
    17  not be limited to the following information:
    18    1. The status of the authority's activities and  outcomes  related  to

    19  section  eighteen  hundred  ninety-five of this title. Such report shall
    20  include, but not be limited to: (a) the number and type of energy audits
    21  performed pursuant to  section  eighteen  hundred  ninety-five  of  this
    22  title; (b) any other contracts entered into relating to the program; and
    23  (c) any recommendations for program improvements;
    24    2.  The  status  of the authority's activities and outcomes related to
    25  section eighteen hundred ninety-four of this title.   Such report  shall
    26  include,  but  not be limited to: (a) contracts entered into pursuant to
    27  section eighteen hundred ninety-four of this title; (b) the geographical
    28  area or areas served by each  entity;  (c)  the  amount  of  the  grants

    29  disbursed  to each entity; (d) any other contracts entered into relating
    30  to the program; and (e) any recommendations for program improvements;
    31    3. The status of the authority's activities and  outcomes  related  to
    32  section  eighteen  hundred  ninety-six  of this title. Such report shall
    33  include, but not be limited to: (a)  the  number  of  persons  who  have
    34  applied for and received financial assistance through the revolving loan
    35  fund;  (b)  the  revolving loan fund account balances; (c) the number of
    36  loans in default; and (d) the amount and nature of the costs incurred by
    37  the authority for the activities described in paragraph (c) of  subdivi-
    38  sion one of section eighteen hundred ninety-six of this title;

    39    4.  The  status  of the authority's activities and outcomes related to
    40  solicitation of applications to demonstrate the feasibility  of  innova-
    41  tive  financing  mechanisms  as  described in subdivision one of section
    42  eighteen hundred ninety-four of this title;
    43    5. The status of the authority's activities and  outcomes  related  to
    44  section  eighteen  hundred ninety-seven of this title. Such report shall
    45  include, but not be limited to: (a) the number of individuals  receiving
    46  training  services;  (b)  the type of training services provided to such
    47  individuals;  (c)  the  identity  of  organizations  providing  training
    48  services; (d) the amount of funds awarded to each such organization; and

    49  (e) the number of individuals placed in full-time employment; and
    50    6.  The  overall effectiveness, progress and outcomes by the authority
    51  related to the green-jobs green New  York  program.  Such  report  shall
    52  include but not be limited to: (a) key findings by the authority; (b) to
    53  the  extent  possible  a calculation of the energy savings achieved; and
    54  (c) any recommendations for program improvements and  expansion  of  the
    55  program.

        A. 8901                             9
 
     1    §  1899-a.  Funds,  administration and evaluation and coordination. 1.
     2  The authority is authorized to accept, as agent of the state, any  gift,
     3  grant,  devise or bequest, whether conditional or unconditional, includ-

     4  ing but not limited to federal grants, and to use monies made  available
     5  for  the  program  from any public or private source, for the purpose of
     6  implementing the components of the program as set forth in section eigh-
     7  teen hundred ninety-three through section eighteen  hundred  ninety-nine
     8  of this title, inclusive.
     9    2.  The  authority  shall  be entitled to recover from the monies made
    10  available for  the  program  its  own  necessary  and  documented  costs
    11  incurred  in  administering the program and evaluating the effectiveness
    12  of the program; provided, however, the sum that may be recovered for the
    13  authority's administrative costs shall not exceed seven percent  of  the
    14  monies made available for the program, and the sum that may be recovered

    15  for  the  authority's  evaluation costs shall not exceed five percent of
    16  the monies made available for the program.
    17    § 3. Subdivision 4 of section 1855 of the public authorities  law,  as
    18  added by chapter 210 of the laws of 1962, is amended to read as follows:
    19    4.  To make rules and regulations governing the exercise of its corpo-
    20  rate powers and the fulfillment of its  corporate  purposes  under  this
    21  title  and  title  nine-A of this article, which shall be filed with the
    22  department of state in the manner provided by section one hundred two of
    23  the executive law.
    24    § 4. The commissioner of the department of environmental  conservation
    25  shall  provide  for  the  deposit  of $112,000,000 of revenues collected
    26  under direct oversight by the department of environmental  conservation,

    27  from the auction of any emissions allowances for air contaminants to the
    28  green  jobs-green  New York fund established pursuant to section 99-q of
    29  the state finance law.
    30    § 5. The state finance law is amended by adding a new section 99-q  to
    31  read as follows:
    32    §  99-q.    Green  jobs-green New York fund. 1. There is hereby estab-
    33  lished in the joint custody of the state comptroller and the commission-
    34  er of taxation and finance a special fund to  be  known  as  the  "green
    35  jobs-green  New  York fund".  The monies in such fund shall be available
    36  for the green jobs-green New York program pursuant to  title  nine-A  of
    37  article eight of the public authorities law.
    38    2.  Monies  in  the green jobs-green New York fund shall be kept sepa-

    39  rately from and shall not be commingled with any  other  monies  in  the
    40  joint  or  sole  custody of the state comptroller or the commissioner of
    41  taxation and finance.   Any interest  received  by  the  comptroller  on
    42  moneys deposited in the green jobs-green New York fund shall be retained
    43  in and become a part of such fund.
    44    § 6. This act shall take effect immediately.
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