S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8052
 
                             I N  S E N A T E
 
                              March 13, 2020
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15864-01-0

 S. 8052                             2
 
   (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;
   (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.

 S. 8052                             3
 
   § 2. The energy law is amended by adding a new section 5-123  to  read
 as follows:
   § 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

 S. 8052                             4
 
 AREAS  DESIGNATED  AS  POTENTIAL ENVIRONMENTAL JUSTICE AREAS OF CONCERN,
 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.