S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10640
 
                           I N  A S S E M B L Y
 
                               June 17, 2020
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Hunter) --
   read once and referred to the Committee on Energy
 
 AN ACT to amend the public service law and the energy law,  in  relation
   to  establishing  energy  efficiency  measures  by  the public service
   commission and the New York  state  energy  research  and  development
   authority

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public service law is amended by adding a  new  section
 66-q to read as follows:
   § 66-Q. ENERGY  EFFICIENCY  PROGRAM.  1.  AS USED IN THIS SECTION, THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "COST EFFECTIVE" MEANS  PRODUCING  BENEFITS  THAT  OUTWEIGH  COSTS
 PURSUANT TO THE COMMISSION'S BENEFIT-COST ANALYSIS, PLUS THE SOCIAL COST
 OF  METHANE,  AND  NON-ENERGY BENEFITS AS DESCRIBED IN THE "RHODE ISLAND
 TEST" (RI. TEST) OR A SUBSEQUENTLY IDENTIFIED BENEFIT-COST ANALYSIS THAT
 MORE COMPLETELY ACCOUNTS FOR EXTERNALIZED BENEFITS OF ENERGY  EFFICIENCY
 SPENDING;
   (B)  "ENERGY  EFFICIENCY"  MEANS  THE REDUCTION IN OVERALL ENERGY USE,
 EXPRESSED AS A PERCENTAGE AGAINST A PRIOR BASELINE OF HISTORICAL USE, OR
 IN BRITISH THERMAL UNITS (BTUS). ENERGY EFFICIENCY SHALL  INCLUDE  ENVI-
 RONMENTALLY BENEFICIAL ELECTRIFICATION;
   (C)  "ENERGY  EFFICIENCY  MEASURE" MEANS A PARTICULAR GOOD OR PRACTICE
 THAT PROVIDES AN ENERGY EFFICIENCY BENEFIT;
   (D) "ENVIRONMENTALLY BENEFICIAL ELECTRIFICATION" MEANS  A  REPLACEMENT
 OF  DIRECT  FOSSIL  FUEL  USE WITH ELECTRICITY SUCH THAT THE REPLACEMENT
 REDUCES OVERALL EMISSIONS AND ENERGY COSTS;
   (E) "POTENTIAL ENVIRONMENTAL JUSTICE AREAS OF CONCERN" MEANS AREAS  OF
 UNITED  STATES  CENSUS BLOCK GROUPS OF TWO HUNDRED FIFTY TO FIVE HUNDRED
 HOUSEHOLDS EACH THAT, IN THE MOST RECENTLY RELEASED  CENSUS,  HAD  POPU-
 LATIONS  THAT  MET OR EXCEEDED AT LEAST ONE OF THE FOLLOWING STATISTICAL
 THRESHOLDS:
   (I) AT LEAST 51.1 PERCENT OF THE POPULATION IN AN URBAN AREA  REPORTED
 THEMSELVES TO BE MEMBERS OF MINORITY GROUPS; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15864-01-0

 A. 10640                            2
 
   (II)  AT LEAST 33.8 PERCENT OF THE POPULATION IN A RURAL AREA REPORTED
 THEMSELVES TO BE MEMBERS OF MINORITY GROUPS; OR
   (III)  AT  LEAST  23.59 PERCENT OF THE POPULATION IN AN URBAN OR RURAL
 AREA HAD HOUSEHOLD INCOMES BELOW THE FEDERAL POVERTY LEVEL;
   (F) "PROGRAM" MEANS THE ENERGY EFFICIENCY PROGRAM ESTABLISHED  BY  THE
 COMMISSION PURSUANT TO THIS SECTION;
   (G)  "RESIDENTIAL  BUILDING"  MEANS A BUILDING HAVING PRIMARY USE AS A
 DOMICILE;
   (H) "RURAL AREA" MEANS ALL TERRITORY, POPULATION,  AND  HOUSING  UNITS
 THAT  ARE NOT CLASSIFIED AS AN URBAN AREA, OR AS SUBSEQUENTLY DEFINED BY
 THE UNITED STATES CENSUS BUREAU;
   (I) "SMALL COMMERCIAL BUILDING" MEANS A BUILDING OPERATED BY  A  BUSI-
 NESS  WITH  ONE  HUNDRED EMPLOYEES OR FEWER; PROVIDED THEY (I) OWN THEIR
 BUILDING OR (II) LEASE OR MANAGE ALL OR PART OF THE BUILDING AND HAVE  A
 RELEASE  FROM  THE  BUILDING  OWNER  TO  APPLY FOR FINANCING THROUGH THE
 PROGRAM; AND
   (J) "URBAN AREA" MEANS ALL TERRITORY, POPULATION,  AND  HOUSING  UNITS
 LOCATED IN URBANIZED AREAS, WHICH IS A CONTINUOUSLY BUILT-UP AREA WITH A
 POPULATION OF FIFTY THOUSAND OR MORE, AND IN PLACES OF TWO THOUSAND FIVE
 HUNDRED  OR  MORE INHABITANTS OUTSIDE OF AN URBANIZED AREA, OR AS SUBSE-
 QUENTLY DEFINED BY THE UNITED STATES CENSUS BUREAU.
   2. THE COMMISSION SHALL, WITHIN FORTY-FIVE DAYS OF THE EFFECTIVE  DATE
 OF THIS SECTION, COMMENCE A PROCEEDING TO ESTABLISH AN ENERGY EFFICIENCY
 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 FROM POTENTIAL ENVIRONMENTAL JUSTICE AREAS
 OF CONCERN.
   3. THE COMMISSION, IN COLLABORATION WITH UTILITIES AND THE LONG ISLAND
 POWER AUTHORITY, SHALL DEVELOP, OVERSEE AND ISSUE GUIDELINES  ESTABLISH-
 ING  RULES  AND  REGULATIONS  FOR  THE  PROGRAM  WHICH SHALL INCLUDE THE
 FOLLOWING ELEMENTS:
   (A) COST EFFECTIVE ENERGY EFFICIENCY, INCLUDING ENVIRONMENTALLY  BENE-
 FICIAL ELECTRIFICATION, SHALL BE THE PRIMARY MEANS FOR MEETING NEW ENER-
 GY DEMAND FOR RESIDENTIAL AND SMALL COMMERCIAL BUILDING SECTORS, INCLUD-
 ING DEMAND FOR FOSSIL FUEL;
   (B)  ANY  JOB  TRAINING  FUNDING  ADMINISTERED BY UTILITIES FOR ENERGY
 EFFICIENCY IMPLEMENTATION SHALL SERVE TRAINEES LIVING  IN  AREAS  DESIG-
 NATED  AS POTENTIAL ENVIRONMENTAL JUSTICE AREAS OF CONCERN, PROPORTIONAL
 TO THESE AREAS' SHARE OF THE STATE HOUSING AND SMALL COMMERCIAL BUILDING
 STOCK;
   (C) EMPLOYEES HIRED FOR IMPLEMENTATION OF  UTILITY  ENERGY  EFFICIENCY
 PROGRAMS  SHALL  BE  FROM  AREAS  DESIGNATED  AS POTENTIAL ENVIRONMENTAL
 JUSTICE AREAS OF CONCERN, PROPORTIONAL TO  THESE  AREAS'  SHARE  OF  THE
 STATE  HOUSING  AND SMALL COMMERCIAL BUILDING STOCK, OR FROM OTHER AREAS
 DESIGNATED AS POTENTIAL ENVIRONMENTAL JUSTICE AREAS  OF  CONCERN  WITHIN
 SEVENTY-FIVE MILES OF TARGET WORK SITES; AND
   (D)  REQUIRE  ANY  RESIDENTIAL  AND  SMALL  BUSINESS ENERGY EFFICIENCY
 PROGRAM FUNDING USED DIRECTLY FOR ENERGY  EFFICIENCY  MEASURES  ADMINIS-
 TERED  BY  UTILITIES SHALL BE ALLOCATED TO AREAS DESIGNATED AS POTENTIAL
 ENVIRONMENTAL JUSTICE AREAS OF CONCERN,  PROPORTIONAL  TO  THESE  AREAS'
 SHARE OF THE STATE HOUSING AND SMALL COMMERCIAL BUILDING STOCK.
   4.  THE  COMMISSION  AND  LONG  ISLAND POWER AUTHORITY SHALL ESTABLISH
 ESCALATING PENALTIES FOR NON-COMPLIANCE WITH  THE  REQUIREMENTS  OF  THE
 PROGRAM.
   §  2.  The energy law is amended by adding a new section 5-123 to read
 as follows:

 A. 10640                            3
 
   § 5-123. NEW YORK STATE  ENERGY  RESEARCH  AND  DEVELOPMENT  AUTHORITY
 ENERGY  EFFICIENCY REQUIREMENTS. 1. AS USED IN THIS SECTION, THE FOLLOW-
 ING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   A.  "ENERGY  EFFICIENCY"  MEANS  THE  REDUCTION IN OVERALL ENERGY USE,
 EXPRESSED AS A PERCENTAGE AGAINST A PRIOR BASELINE OF HISTORICAL USE, OR
 IN BRITISH THERMAL UNITS (BTUS).  ENERGY EFFICIENCY SHALL INCLUDE  ENVI-
 RONMENTALLY BENEFICIAL ELECTRIFICATION;
   B. "ENVIRONMENTALLY BENEFICIAL ELECTRIFICATION" MEANS A REPLACEMENT OF
 DIRECT  FOSSIL  FUEL  USE  WITH  ELECTRICITY  SUCH  THAT THE REPLACEMENT
 REDUCES OVERALL EMISSIONS AND ENERGY COSTS;
   C. "OFFICE" MEANS THE NEW YORK STATE ENERGY RESEARCH  AND  DEVELOPMENT
 AUTHORITY;
   D.  "POTENTIAL  ENVIRONMENTAL JUSTICE AREAS OF CONCERN" MEANS AREAS OF
 UNITED STATES CENSUS BLOCK GROUPS OF TWO HUNDRED FIFTY TO  FIVE  HUNDRED
 HOUSEHOLDS  EACH  THAT,  IN THE MOST RECENTLY RELEASED CENSUS, HAD POPU-
 LATIONS THAT MET OR EXCEEDED AT LEAST ONE OF THE  FOLLOWING  STATISTICAL
 THRESHOLDS:
   (I)  AT LEAST 51.1 PERCENT OF THE POPULATION IN AN URBAN AREA REPORTED
 THEMSELVES TO BE MEMBERS OF MINORITY GROUPS; OR
   (II) AT LEAST 33.8 PERCENT OF THE POPULATION IN A RURAL AREA  REPORTED
 THEMSELVES TO BE MEMBERS OF MINORITY GROUPS; OR
   (III)  AT  LEAST  23.59 PERCENT OF THE POPULATION IN AN URBAN OR RURAL
 AREA HAD HOUSEHOLD INCOMES BELOW THE FEDERAL POVERTY LEVEL;
   E. "RURAL AREA" MEANS ALL TERRITORY,  POPULATION,  AND  HOUSING  UNITS
 THAT  ARE NOT CLASSIFIED AS AN URBAN AREA, OR AS SUBSEQUENTLY DEFINED BY
 THE UNITED STATES CENSUS BUREAU;
   F. "SMALL COMMERCIAL BUILDING" MEANS A BUILDING OPERATED BY A BUSINESS
 WITH ONE HUNDRED EMPLOYEES OR FEWER; PROVIDED THEY (I) OWN THEIR  BUILD-
 ING  OR  (II)  LEASE  OR  MANAGE  ALL OR PART OF THE BUILDING AND HAVE A
 RELEASE FROM THE BUILDING OWNER  TO  APPLY  FOR  FINANCING  THROUGH  THE
 OFFICE; AND
   G.  "URBAN  AREA"  MEANS  ALL TERRITORY, POPULATION, AND HOUSING UNITS
 LOCATED IN URBANIZED AREAS, WHICH IS A CONTINUOUSLY BUILT-UP AREA WITH A
 POPULATION OF FIFTY THOUSAND OR MORE, AND IN PLACES OF TWO THOUSAND FIVE
 HUNDRED OR MORE INHABITANTS OUTSIDE OF AN URBANIZED AREA, OR  AS  SUBSE-
 QUENTLY DEFINED BY THE UNITED STATES CENSUS BUREAU.
   2.  IN  ORDER TO STIMULATE THE GROWTH AND ADOPTION OF A MORE EFFICIENT
 USE OF ENERGY AND TO PROMOTE THE HIRING AND  TRAINING  OF  EMPLOYEES  BY
 UTILITIES  AND OTHER ENTITIES FROM POTENTIAL ENVIRONMENTAL JUSTICE AREAS
 OF CONCERN, THE OFFICE:
   A. SHALL REQUIRE THAT ANY PROGRAM  FUNDING  FOR  THE  INSTALLATION  OF
 END-USE  ENERGY  EFFICIENCY MEASURES ADMINISTERED BY THE OFFICE WITH THE
 GOAL OF ACHIEVING THE ONE HUNDRED EIGHTY FIVE TRILLION  BRITISH  THERMAL
 UNITS  OF  END  USE ENERGY BELOW THE TWO THOUSAND TWENTY-FIVE ENERGY USE
 FORECAST GOAL SHALL BE ALLOCATED TO AREAS DESIGNATED AS POTENTIAL  ENVI-
 RONMENTAL  JUSTICE  AREAS OF CONCERN, PROPORTIONAL TO THESE AREAS' SHARE
 OF THE STATE HOUSING AND SMALL COMMERCIAL BUILDING STOCK;
   B. MAY ALLOCATE FUNDS TO NON-ENERGY RELATED INTERVENTIONS IN  CONJUNC-
 TION WITH ENERGY INTERVENTIONS, INCLUDING BUT NOT LIMITED TO MOLD, LEAD,
 AND  ASBESTOS  REMEDIATION  PURSUANT  TO THE RECOMMENDATIONS OF AN INTE-
 GRATED PHYSICAL NEEDS ASSESSMENT PERFORMED BY THE  DIVISION  OF  HOUSING
 AND COMMUNITY RENEWAL OR ANOTHER QUALIFIED AGENCY;
   C.  SHALL REQUIRE ANY JOB TRAINING PROGRAM FUNDING ADMINISTERED BY THE
 OFFICE FOR ENERGY EFFICIENCY IMPLEMENTATION  SERVE  TRAINEES  LIVING  IN
 AREAS  DESIGNATED  AS  POTENTIAL ENVIRONMENTAL JUSTICE AREAS OF CONCERN,

 A. 10640                            4
 
 PROPORTIONAL TO THESE AREAS'  SHARE  OF  THE  STATE  HOUSING  AND  SMALL
 COMMERCIAL BUILDING STOCK; AND
   D. SHALL REQUIRE EMPLOYEES HIRED FOR IMPLEMENTATION OF OFFICE PROGRAMS
 FOR  EFFICIENCY  IMPLEMENTATION  ARE  FROM AREAS DESIGNATED AS POTENTIAL
 ENVIRONMENTAL JUSTICE AREAS OF CONCERN,  PROPORTIONAL  TO  THESE  AREAS'
 SHARE OF THE STATE HOUSING AND SMALL COMMERCIAL BUILDING STOCK.
   3.  THE OFFICE SHALL GATHER AND PUBLISH ON ITS WEBSITE DATA ON NON-EN-
 ERGY BENEFITS  (NEBS)  OF  HOME  AND  BUILDING-SCALE  ENERGY  EFFICIENCY
 PROGRAMMING AS EVALUATED IN BENEFIT-COSTS ANALYSIS BY THE OFFICE.
   4.  NOTWITHSTANDING  ANY  PROVISION OF LAW TO THE CONTRARY, ANY PERSON
 WHO HAS BEEN INJURED BY REASON OF A VIOLATION OF THIS SECTION MAY  BRING
 AN  ACTION IN HIS OR HER OWN NAME TO ENJOIN SUCH UNLAWFUL ACT. THE COURT
 MAY AWARD REASONABLE ATTORNEY'S FEES TO A PREVAILING PLAINTIFF.
   § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.