S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1466
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2021
                                ___________
 
 Introduced by M. of A. CARROLL, RICHARDSON, COLTON, DINOWITZ, GOTTFRIED,
   KIM,  COOK,  DICKENS,  SIMON,  STIRPE,  BARNWELL,  CRUZ, L. ROSENTHAL,
   WEPRIN, ROZIC -- Multi-Sponsored by -- M. of  A.  HEVESI,  HYNDMAN  --
   read  once  and referred to the Committee on Corporations, Authorities
   and Commissions

 AN ACT to amend the public authorities law, in relation to requiring the
   New York power authority to provide renewable power to all state owned
   and municipal properties
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  1005 of the public authorities law is amended by
 adding two new subdivisions 28 and 29 to read as follows:
   28. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, TO BE THE SOLE PROVID-
 ER OF ELECTRICITY AND POWER TO ALL STATE OWNED AND MUNICIPAL PROPERTIES.
   29. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, TO, ON OR AFTER  JANU-
 ARY FIRST, TWO THOUSAND TWENTY-SEVEN, ONLY GENERATE AND TRANSMIT RENEWA-
 BLE  POWER  AND  ENERGY  AND  THE  AUTHORITY  SHALL  ONLY PLAN, FINANCE,
 CONSTRUCT, ACQUIRE, OPERATE, IMPROVE AND/OR MAINTAIN TRANSMISSION FACIL-
 ITIES FOR THE PURPOSE OF TRANSMITTING RENEWABLE POWER AND ENERGY INCLUD-
 ING, BUT NOT LIMITED TO, BATTERY ENERGY STORAGE SYSTEMS, RENEWABLE THER-
 MAL ENERGY TECHNOLOGY SUCH  AS  HEAT  PUMPS,  SOLAR  THERMAL,  OR  OTHER
 HEATING  OR  COOLING TECHNOLOGIES USING RENEWABLE SOURCES OF ENERGY THAT
 DO NOT EMIT GREENHOUSE GASES, OR ANY POWER OR ENERGY CREATED BY  RENEWA-
 BLE GENERATION PROJECTS AND FACILITIES.
   §  2.  Nothing in this act is intended to limit, impair, or affect the
 legal authority of the power authority of the state of  New  York  under
 any  other  provision  of title 1 of article 5 of the public authorities
 law.
   § 3. This act shall take effect two years after it shall have become a
 law.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05455-01-1
              

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1466--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2021
                                ___________
 
 Introduced  by M. of A. CARROLL, COLTON, DINOWITZ, GOTTFRIED, KIM, COOK,
   DICKENS, SIMON, STIRPE, BARNWELL, CRUZ, L. ROSENTHAL,  WEPRIN,  ROZIC,
   MAMDANI,   FORREST,   GALLAGHER,  ANDERSON,  EPSTEIN,  GONZALEZ-ROJAS,
   MITAYNES, FRONTUS, JACKSON, BURDICK,  WALKER,  SILLITTI,  ENGLEBRIGHT,
   J. RIVERA,  LAVINE, THIELE, FERNANDEZ, STECK, QUART, CLARK, SEAWRIGHT,
   DAVILA, RAMOS, BURGOS, PHEFFER AMATO, KELLES,  GALEF,  SEPTIMO,  NIOU,
   GLICK, EICHENSTEIN, CYMBROWITZ, BURKE, OTIS, SOLAGES, ABINANTI, DILAN,
   JACOBSON,  GIBBS,  DE  LOS  SANTOS, CUNNINGHAM, REYES, TAPIA -- Multi-
   Sponsored by -- M. of A. HEVESI, HYNDMAN -- read once and referred  to
   the  Committee on Corporations, Authorities and Commissions -- commit-
   tee discharged, bill amended, ordered reprinted as amended and  recom-
   mitted  to  said  committee  -- recommitted to the Committee on Corpo-
   rations, Authorities and Commissions in accordance with Assembly  Rule
   3,  sec. 2 -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the public authorities law, in relation to  implementing
   the "New York State Build Public Renewables Act"

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "New York State Build Public Renewables Act".
   §  2.  Section 1005 of the public authorities law is amended by adding
 twelve new subdivisions 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38,  and
 39 to read as follows:
   28. (A) THE AUTHORITY IS AUTHORIZED AND DIRECTED TO PURCHASE, ACQUIRE,
 PLAN,  DESIGN,  ENGINEER,  FINANCE,  CONSTRUCT, OPERATE, MANAGE, IMPROVE
 AND/OR MAINTAIN ANY RENEWABLE ENERGY PROJECT.
   (B) FOR THE PURPOSES OF THIS SUBDIVISION AND SUBDIVISIONS TWENTY-NINE,
 THIRTY, THIRTY-ONE, THIRTY-TWO, THIRTY-THREE, THIRTY-FOUR,  THIRTY-FIVE,
 THIRTY-SIX, THIRTY-SEVEN, THIRTY-EIGHT, AND THIRTY-NINE OF THIS SECTION,
 THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05455-17-2
              

 A. 1466--B                          2
 
   (I)  "RENEWABLE  ENERGY"  SHALL BE DEFINED AS RENEWABLE ELECTRICITY OR
 THERMAL ENERGY THAT DOES NOT EMIT GREENHOUSE GASES OR  OTHER  POLLUTANTS
 INCLUDING,  BUT  NOT  LIMITED  TO, PHOTOVOLTAICS (SOLAR), LAND-BASED AND
 OFFSHORE WIND, RUN-OF-THE-RIVER AND EXISTING NEW YORK  STATE  HYDROELEC-
 TRIC,  GEOTHERMAL  ELECTRIC,  TIDAL  ENERGY, WAVE ENERGY, BATTERY ENERGY
 STORAGE SYSTEMS, PUMPED HYDROELECTRIC ENERGY STORAGE SYSTEMS, AND RENEW-
 ABLE THERMAL ENERGY TECHNOLOGY SUCH AS  SOLAR  THERMAL,  AIR-SOURCE  AND
 GROUND-SOURCE  HEAT  PUMPS,  RENEWABLE  CO-GENERATION,  DISTRICT HEATING
 SYSTEMS, SYSTEMS DESIGNED TO CAPTURE WASTE HEAT,  OR  OTHER  HEATING  OR
 COOLING  TECHNOLOGIES USING RENEWABLE SOURCES OF ENERGY THAT DO NOT EMIT
 GREENHOUSE GASES OR OTHER POLLUTANTS; PROVIDED, HOWEVER, THAT SUCH  TERM
 SHALL NOT INCLUDE NUCLEAR ENERGY, CARBON CAPTURE AND STORAGE TECHNOLOGY,
 OR ANY FORM OF FOSSIL FUELS OR COMBUSTION-BASED ENERGY WHICH RELIES UPON
 BUILDING  NEW  FOSSIL FUEL INFRASTRUCTURE OR EXTENDING THE USE OF FOSSIL
 FUEL INFRASTRUCTURE INCLUDING, BUT NOT LIMITED  TO,  GAS,  PROPANE,  AND
 OIL,  OR  ANY FORM OF COMBUSTION-BASED ENERGY INCLUDING, BUT NOT LIMITED
 TO ANY TYPE OF HYDROGEN FUEL,  INCLUDING  BROWN,  GREY,  BLUE,  OR  PINK
 HYDROGEN,  BIOFUEL, BIOGAS, BIOMASS, OR RENEWABLE NATURAL GAS.  HOWEVER,
 THE AUTHORITY SHALL BE ENABLED TO PRODUCE, USE, AND SELL GREEN HYDROGEN,
 DEFINED AS HYDROGEN PRODUCED THROUGH EVEN ELECTROLYSIS  USING  ONLY  ONE
 HUNDRED  PERCENT  RENEWABLE ENERGY, FOR ENERGY STORAGE IN A FUEL CELL AS
 WELL AS HARD-TO-ELECTRIFY INDUSTRIAL PROCESSES AND HEAVY-DUTY TRANSPORT,
 SUCH AS SHIPPING, AVIATION, AND LONG-DISTANCE TRUCKING.   HOWEVER,  THIS
 GREEN  HYDROGEN  SHALL  NOT  BE  USED  OR  SOLD FOR THE PURPOSE OF BEING
 COMBUSTED, WHETHER IN A FOSSIL FUEL PLANT OR ANY OTHER  POWER  PLANT  TO
 GENERATE  ELECTRICITY,  NOR  SHALL IT BE SOLD OR USED FOR THE PURPOSE OF
 HEATING BUILDINGS, COOKING, OR HOT WATER, AS BUILDING ELECTRIFICATION IS
 A SAFER, MORE FEASIBLE, AND MORE  COST-EFFECTIVE  APPROACH  TO  BUILDING
 DECARBONIZATION.
   (II) "RENEWABLE ENERGY PROJECT" SHALL BE DEFINED AS ALL INFRASTRUCTURE
 WHICH  GENERATES,  STORES,  DISTRIBUTES OR TRANSMITS RENEWABLE ENERGY OR
 THERMAL ENERGY AS DEFINED IN SUBPARAGRAPH (I)  OF  THIS  PARAGRAPH,  AND
 INCLUDES  THE  CONSTRUCTION,  INSTALLATION AND/OR OPERATION OF ANCILLARY
 FACILITIES OR EQUIPMENT DONE IN CONNECTION WITH ANY SUCH RENEWABLE ENER-
 GY GENERATING PROJECTS, INCLUDING, BUT NOT LIMITED TO, ELECTRIC  VEHICLE
 CHARGING INFRASTRUCTURE AND RENEWABLE OFFSHORE WIND VESSELS.
   29.  (A)  THE  AUTHORITY SHALL HAVE THE RIGHT OF FIRST OFFER AND FIRST
 REFUSAL TO AND SHALL COORDINATE WITH THE DEPARTMENT OF STATE'S OFFICE OF
 RENEWABLE ENERGY SITING (ORES) TO PURCHASE, ACQUIRE, PLAN, DESIGN, ENGI-
 NEER, FINANCE,  CONSTRUCT,  OPERATE,  MANAGE,  IMPROVE  AND/OR  MAINTAIN
 RENEWABLE ENERGY PROJECTS OVER TWENTY-FIVE MEGAWATTS AND TO OWN AND SELL
 ANY  POWER  OR  ENERGY  CREATED  BY  SUCH  RENEWABLE ENERGY PROJECT. THE
 AUTHORITY SHALL HAVE SIXTY DAYS TO COMMIT TO A  PROJECT.  THE  AUTHORITY
 SHALL  ALSO  HAVE THE RIGHT OF FIRST OFFER AND FIRST REFUSAL TO PURCHASE
 PLANNED, FUTURE, AND EXISTING RENEWABLE ENERGY PROJECTS.
   (B) WHERE A RENEWABLE ENERGY SITE APPROPRIATE FOR NEW YORK STATE FALLS
 INTO FEDERAL JURISDICTION, THE  AUTHORITY  SHALL  PARTICIPATE  IN  LEASE
 AUCTIONS IN AN ATTEMPT TO OBTAIN OWNERSHIP OF THAT AREA.
   30.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, TO, ON OR AFTER JANU-
 ARY FIRST, TWO THOUSAND TWENTY-FIVE, ONLY GENERATE AND TRANSMIT  RENEWA-
 BLE ENERGY AND THE AUTHORITY SHALL ONLY PURCHASE, ACQUIRE, PLAN, DESIGN,
 ENGINEER,  FINANCE,  CONSTRUCT, OPERATE, MANAGE, IMPROVE AND/OR MAINTAIN
 GENERATION AND TRANSMISSION FACILITIES FOR THE  PURPOSE  OF  GENERATING,
 STORING,  DISTRIBUTING  AND TRANSMITTING RENEWABLE ENERGY. THE AUTHORITY
 SHALL PHASE OUT ITS USE OF EXISTING NON-RENEWABLE GENERATION AS  QUICKLY
 AS  POSSIBLE  BUT NO LATER THAN DECEMBER THIRTIETH, TWO THOUSAND TWENTY-
 A. 1466--B                          3
 
 FIVE, AS IT SCALES UP RENEWABLE ENERGY GENERATION TO  MEET  ONE  HUNDRED
 PERCENT  OF ALL STATE AND MUNICIPAL ENERGY NEEDS AND THE ENERGY NEEDS OF
 ALL PUBLIC AND PRIVATE BUILDINGS AND PROPERTIES POWERED BY THE AUTHORITY
 WITH  RENEWABLE  ENERGY  BY  TWO  THOUSAND  TWENTY-SIX, AND IT SHALL NOT
 PURCHASE, PLAN, FINANCE, OR CONSTRUCT  ANY  NEW  GENERATION  PROJECT  OR
 ENERGY INFRASTRUCTURE WHICH IS NOT A RENEWABLE ENERGY PROJECT OR PART OF
 A  RENEWABLE  ENERGY  PROJECT.   THE AUTHORITY SHALL PRIORITIZE FUNDING,
 BUILDING, AND OWNING RENEWABLE ENERGY PROJECTS WHICH: (A) ACTIVELY BENE-
 FIT DISADVANTAGED COMMUNITIES AS DEFINED BY THE CLIMATE JUSTICE  WORKING
 GROUP;  (B)  MINIMIZE  HARM  TO WILDLIFE, ECOSYSTEMS, PUBLIC HEALTH, AND
 PUBLIC SAFETY; (C) DO NOT VIOLATE INDIGENOUS RIGHTS OR SOVEREIGNTY;  AND
 (D) WHICH ARE THE MOST COST-EFFECTIVE TO THE STATE ACCORDING TO THE BEST
 AVAILABLE COST MODELING RESEARCH. THE TYPES OF RENEWABLE ENERGY PROJECTS
 THE AUTHORITY BUILDS SHALL BE DETERMINED AND PRIORITIZED IN CONSULTATION
 WITH  COMMUNITY  GROUPS,  NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT
 AUTHORITY'S REGIONAL CLEAN ENERGY HUBS,  AND  ENVIRONMENTAL  AND  ENERGY
 EXPERTS.  THE AUTHORITY SHALL ALSO CONVERT ALL STATE AND MUNICIPAL PROP-
 ERTIES  AND AUTHORITY POWERED PRIVATELY OWNED BUILDINGS TO RECEIVE HEAT-
 ING AND COOLING FROM RENEWABLE ENERGY SOURCES BY TWO THOUSAND THIRTY.
   31. (A) WITHIN TWO YEARS OF THE EFFECTIVE DATE  OF  THIS  SUBDIVISION,
 THE  AUTHORITY SHALL MAKE PUBLIC A TEN-YEAR CLIMATE AND RESILIENCY PLAN.
 SUCH CLIMATE AND RESILIENCY PLAN SHALL BE DESIGNED TO MINIMIZE THE COSTS
 TO RATEPAYERS WHILE BALANCING THE INTERESTS OF EMPLOYEES, GRID RELIABIL-
 ITY AND RESILIENCY, DISADVANTAGED COMMUNITIES AS DEFINED BY THE  CLIMATE
 JUSTICE  WORKING GROUP AND THE ENVIRONMENT. SUCH PLAN SHALL BE DEVELOPED
 IN CONSULTATION WITH THE  NEW  YORK STATE INDEPENDENT  SYSTEM  OPERATOR,
 THE   NEW   YORK   STATE  ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, AND
 EXPERTS, ENVIRONMENTAL JUSTICE  COMMUNITIES,  RATEPAYERS  AND  COMMUNITY
 ORGANIZATIONS VIA THE  NEW  YORK STATE  ENERGY  RESEARCH AND DEVELOPMENT
 AUTHORITY'S  REGIONAL  CLEAN  ENERGY  HUBS.  SUCH  RESILIENCY PLAN SHALL
 OUTLINE THE RENEWABLE PROJECTS THE AUTHORITY PLANS  TO  BUILD,  HOW  THE
 AUTHORITY  PLANS TO PHASE OUT NON-RENEWABLE ASSETS AND HOW THE AUTHORITY
 PLANS TO COMPLY WITH THE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT
 AND THE RENEWABLE ENERGY TARGETS OUTLINED IN THIS SUBDIVISION AND SUBDI-
 VISIONS TWENTY-NINE, THIRTY AND THIRTY-TWO OF THIS SECTION. THE AUTHORI-
 TY SHALL ALSO OUTLINE A PLAN TO IMPROVE ENERGY RESILIENCY AND IF  NECES-
 SARY  TO MEET THE AUTHORITY'S RENEWABLE ENERGY TARGETS, SHALL COORDINATE
 WITH THE NEW YORK STATE INDEPENDENT SYSTEM  OPERATOR  TO  RE-ADJUST  THE
 LOCATIONAL  CAPACITY  REQUIREMENTS  FOR EACH REGION IN THE STATE.  ADDI-
 TIONALLY, WITHIN TWO YEARS OF THE EFFECTIVE DATE  OF  THIS  SUBDIVISION,
 THE  AUTHORITY  SHALL MAKE PUBLIC A DEMOCRATIZATION PLAN, WITH A MANDATE
 TO IMPLEMENT THE PLAN WITHIN TWO YEARS OF ITS  COMPLETION.    SUCH  PLAN
 SHALL  BE  CREATED IN PARTNERSHIP WITH, AND CODESIGNED WITH, A STATEWIDE
 ALLIANCE OF COMMUNITY ORGANIZATIONS WITH AT LEAST FIVE YEARS' HISTORY OF
 WORKING ON ENERGY DEMOCRACY AND IMPLEMENTATION ISSUES, PROVIDING FUNDING
 FOR THIS ALLIANCE AS NECESSARY FOR THEIR PARTICIPATION IN THE COMPLETION
 OF THE PLAN. SUCH PLAN SHALL ENSURE THAT THE SCALE UP OF RENEWABLE BUILD
 OUT ACROSS THE STATE OCCURS IN LINE WITH THE PRINCIPLES OF ENERGY DEMOC-
 RACY AND TRANSPARENCY.
   (B) (I) THE AUTHORITY SHALL HOLD AS MANY PUBLIC HEARINGS AS IS  NEEDED
 TO  ACCOMMODATE  ALL  WHO  SIGN  UP TO SPEAK RELATED TO SUCH CLIMATE AND
 RESILIENCY PLAN ANNUALLY, AND MAY UPDATE SUCH PLAN ANNUALLY  AS  NEEDED.
 THE HEARING SHALL BE PUBLICIZED IN VARIOUS FORMS OF MEDIA, INCLUDING BUT
 NOT  LIMITED  TO  THE  AUTHORITY'S  WEBSITE, LOCAL NEWSPAPERS AND SOCIAL
 MEDIA PLATFORMS, AND SHALL  ALSO  BE  ACCESSIBLE  VIA  LIVESTREAM.    IN
 ADVANCE  OF SUCH HEARING, THE AUTHORITY SHALL CONSPICUOUSLY POST WRITTEN
 A. 1466--B                          4
 
 NOTICE OF SUCH HEARING IN ALL AUTHORITY FACILITIES AND  NEW  YORK  STATE
 ENERGY RESEARCH AND DEVELOPMENT AUTHORITY NEW YORK STATE ENERGY RESEARCH
 AND  DEVELOPMENT AUTHORITY'S REGIONAL CLEAN ENERGY HUBS ON A SIGN POSTED
 AT  EACH FACILITY ENTRANCE AND EXIT USED BY EMPLOYEES, AND SHALL PROVIDE
 AT LEAST TWO WEEKS ADVANCE NOTICE OF SUCH HEARING TO AUTHORITY CUSTOMERS
 BY DIRECTLY COMMUNICATING SUCH NOTICE TO CUSTOMER PHONE, EMAIL AND MAIL-
 ING LISTS.  HEARINGS SHALL BE PERMITTED BETWEEN 12:00 PM TO 3:00 PM  AND
 6:00  PM  TO  9:00 PM, AND THE AUTHORITY SHALL PROVIDE ALL SPEAKERS WITH
 THE OPTION TO SIGN UP TO SPEAK WITHIN THOSE THREE HOUR WINDOWS SUCH THAT
 NO SPEAKER SHALL WAIT LONGER THAN THREE HOURS TO SPEAK. ALL SPEAKERS WHO
 SIGN UP SHALL PUBLICLY DISCLOSE WHETHER THEY ARE BEING PAID TO SPEAK  AT
 THE HEARING, AND IF SO, WHO THEY ARE BEING PAID BY.  IN ADDITION TO ORAL
 TESTIMONY,  WRITTEN TESTIMONY FROM THE PUBLIC FOR SUCH HEARINGS SHALL BE
 ACCEPTED BY THE AUTHORITY NO LESS THAN TWO  WEEKS  AFTER  EACH  HEARING.
 EACH  SPEAKER  SHALL  HAVE AT LEAST THREE MINUTES TO SPEAK, AND A REMOTE
 OPTION SHALL BE PROVIDED FOR SUBMITTING COMMENTS VIA  VIDEO  CONFERENCE,
 PHONE, INCLUDING SHORT MESSAGE SERVICES (SMS) TEXT MESSAGES AND/OR WRIT-
 TEN COMMENT, WHICH SHALL BE READ ALOUD. PROVISIONS FOR CHILDCARE, TRANS-
 LATION  SERVICES, AMERICAN SIGN LANGUAGE INTERPRETATION, CLOSED CAPTION-
 ING, AND  ACCESS  TO  ACCOMMODATIONS  PROVIDED  BY  THE  AMERICANS  WITH
 DISABILITIES ACT SHALL BE PROVIDED UPON REQUEST.
   (II) THE AUTHORITY SHALL MAINTAIN AN ONLINE SUGGESTION BOARD WHERE THE
 PUBLIC MAY SUBMIT RECOMMENDATIONS TO BE VOTED ON BY OTHER MEMBERS OF THE
 PUBLIC.  THE  TOP FIVE SUGGESTIONS SHALL BE DISCUSSED PUBLICLY AND SHALL
 BE VOTED ON BY THE AUTHORITY'S BOARD AT THE ANNUAL PUBLIC HEARING. OTHER
 SUGGESTIONS MAY BE TAKEN INTO CONSIDERATION AT THE  BOARD'S  DISCRETION.
 ALL  DATA, MEETING MINUTES, RECORDINGS AND DOCUMENTS THAT DO NOT INCLUDE
 PERSONAL CUSTOMER INFORMATION, INCLUDING BUT NOT LIMITED TO DEPRECIATION
 SCHEDULES, ANNUAL FINANCIAL STATEMENTS OF  ITEMIZED  SPENDING,  ENVIRON-
 MENTAL  IMPACT STATEMENTS, COST-BENEFIT ANALYSES, CLIMATE AND RESILIENCY
 PLANS, RENEWABLE ENERGY PROJECT PLANS, AND ANNUAL REPORTS ON OPERATIONS,
 CUSTOMER SERVICE, RELIABILITY, RESILIENCY AND SUSTAINABILITY,  SHALL  BE
 MADE  AVAILABLE ON THE AUTHORITY'S WEBSITE, OR OTHERWISE MADE ACCESSIBLE
 BY THE AUTHORITY UPON REQUEST.  ALL SUCH RECORDS SHALL BE MAINTAINED  AS
 BUSINESS  RECORDS  FOR  A  MINIMUM OF TEN YEARS.   THE STATE COMPTROLLER
 SHALL AUDIT THE AUTHORITY AT LEAST ONCE EVERY TWO YEARS UNTIL TWO  THOU-
 SAND THIRTY TO ASCERTAIN WHETHER THE AUTHORITY IS IN COMPLIANCE WITH THE
 RENEWABLE  ENERGY  TARGETS OUTLINED IN THIS SUBDIVISION AND SUBDIVISIONS
 TWENTY-NINE, THIRTY, THIRTY-TWO AND THIRTY-THREE  OF  THIS  SECTION  AND
 WHETHER THE AUTHORITY'S SPENDING AND OPERATIONS ARE EFFICIENT.  THE MOST
 RECENT COMPTROLLER AUDITS SHALL ALSO BE MADE AVAILABLE  ON  THE AUTHORI-
 TY'S  WEBSITE,  OR  OTHERWISE  MADE  ACCESSIBLE  BY  THE  AUTHORITY UPON
 REQUEST.
   (C) (I) THE AUTHORITY SHALL CONDUCT AN ENERGY  EFFICIENCY  AND  ENERGY
 AUDIT  PROGRAM  TO IDENTIFY PUBLIC AND PRIVATE BUILDINGS MOST IN NEED OF
 RETROFITS AND EFFICIENCY MEASURES. THE AUTHORITY  SHALL  HIRE  AUTHORITY
 EMPLOYEES  OR  CONTRACTORS TO PERFORM ENERGY AUDITS, RETROFITS AND OTHER
 EFFICIENCY PROGRAMS FOR THESE BUILDINGS, SUCH AS INCENTIVES  FOR  ENERGY
 EFFICIENT  APPLIANCES  AND  INDUCTION  STOVES,  AS  NEEDED,  TO MEET THE
 CLIMATE  GOALS  OUTLINED  IN  THE  CLIMATE  LEADERSHIP   AND   COMMUNITY
 PROTECTION  ACT.    THE  AUTHORITY SHALL PRIORITIZE PUBLIC BUILDINGS AND
 LOW-INCOME CUSTOMERS AND TENANTS TO RECEIVE THE BENEFITS OF THESE  EFFI-
 CIENCY  PROGRAMS  AND  RETROFITS.  IF  THE  BUILDINGS  SELECTED FOR THIS
 PROGRAM NEED MOLD REMEDIATION MEASURES OR LEAD ABATEMENT MEASURES TO  BE
 CARRIED OUT BEFORE ENERGY EFFICIENCY MEASURES CAN BE SAFELY IMPLEMENTED,
 A. 1466--B                          5
 
 THE  AUTHORITY  SHALL ALSO HIRE EMPLOYEES OR CONTRACTORS TO PERFORM LEAD
 ABATEMENT MEASURES AND/OR MOLD REMEDIATION MEASURES FOR THESE BUILDINGS.
   (II)  THE AUTHORITY OR THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP-
 MENT AUTHORITY SHALL ANNUALLY POST AND MAINTAIN FOR AT LEAST ONE YEAR ON
 THEIR WEBSITE,  A  REPORT  EVALUATING  THE  ENERGY  EFFICIENCY  PROGRAM,
 INCLUDING,  BUT  NOT  LIMITED  TO, THE NUMBER OF CUSTOMERS SERVED BY THE
 EFFICIENCY PROGRAM, THE CUSTOMER DEMOGRAPHICS, THE NUMBER  OF  RETROFITS
 AND  ENERGY  AUDITS  PERFORMED,  THE NUMBER OF JOBS CREATED AND EMPLOYEE
 DEMOGRAPHICS, AND THE AMOUNT OF ENERGY AND DOLLARS SAVED AS A RESULT  OF
 THE PROGRAM.
   THE  AUTHORITY  SHALL ALSO SUBMIT AN ANNUAL REPORT TO THE GOVERNOR AND
 TO THE LEGISLATURE WHICH SHALL BE MADE AVAILABLE TO THE PUBLIC AND SHALL
 BE SUBJECT TO OPEN  HEARINGS  IN  THE  LEGISLATURE.  SUCH  REPORT  SHALL
 INCLUDE THE:
   (A) TEN YEAR CLIMATE AND RESILIENCY PLAN DESCRIBED IN PARAGRAPH (A) OF
 THIS SUBDIVISION;
   (B) AMOUNT OF ENERGY PRODUCED BY EACH FACILITY;
   (C) ENERGY TRANSFERRED BETWEEN FACILITIES WITHIN THE AUTHORITY;
   (D) ENERGY TRANSFERRED OUTSIDE OF THE AUTHORITY FOR SALE;
   (E) KILOWATT-HOUR SALES BY PROJECT AND BY CUSTOMER;
   (F) REVENUES AND COSTS FOR EACH PROJECT FACILITY;
   (G) ACCUMULATED PROVISION FOR DEPRECIATION OF EACH PROJECT FACILITY;
   (H)  FINANCIAL  AND  OPERATING  INFORMATION  OF  THE ENERGY EFFICIENCY
 PROGRAM; AND
   (I) ENROLLMENT IN AND EFFECTIVENESS OF RENEWABLE  ENERGY  AUTO-ENROLL-
 MENT, RETROFIT, AND ENERGY EFFICIENT APPLIANCE PROGRAMS.
   32.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW, INCLUDING EXISTING
 ELECTRIC VEHICLE CHARGING STATIONS AND OPT OUT PROVISIONS OF CCAS, TO BE
 THE SOLE PROVIDER OF ELECTRICITY AND POWER TO ALL  STATE  AND  MUNICIPAL
 OWNED,  LEASED, CONTROLLED, OR OPERATED PROPERTIES THAT USE ELECTRICITY,
 INCLUDING BUT NOT LIMITED TO ALL  BUILDINGS  AND  TRANSPORTATION-RELATED
 PROPERTIES  SUCH  AS TRAINS, SUBWAYS AND SUBWAY STATIONS, VESSELS, ELEC-
 TRIFIED BUSES AND VEHICLES,  AND  PUBLIC  OR  PRIVATE  ELECTRIC  VEHICLE
 CHARGING STATIONS.
   33.  (A)  TO SELL OR PROVIDE RENEWABLE ENERGY TO END-USE CUSTOMERS AND
 CCA COMMUNITIES USING THE TRANSMISSION OR  DISTRIBUTION  SYSTEM  OF  ANY
 UTILITY WITH CONSOLIDATED BILLING.  ANY EXCESS RENEWABLE ENERGY PRODUCED
 BY  THE  AUTHORITY AND NOT USED OR STORED BY STATE OR MUNICIPAL OWNED OR
 LEASED PROPERTIES SHALL BE SOLD DIRECTLY TO END-USE CUSTOMERS OR  CCA'S,
 WHOLESALE,  USING  UTILITY'S  TRANSMISSION  OR DISTRIBUTION SYSTEMS. THE
 AUTHORITY SHALL SELL THIS ENERGY, IN ORDER OF  LOWEST  COST  TO  HIGHEST
 COST,  WITH  THE EXCEPTION OF CURRENT AND FUTURE RECHARGE NY RECIPIENTS,
 TO LOW-TO-MODERATE INCOME HOUSEHOLDS OR HOUSEHOLDS THAT HAVE  AN  ENERGY
 BURDEN  GREATER THAN FOUR PERCENT OF THEIR ANNUAL INCOME FIRST; FOLLOWED
 BY STATE OR MUNICIPAL OWNED OR LEASED PROPERTIES; FOLLOWED BY  CUSTOMERS
 WHO  HAVE  INSTALLED  ELECTRIC HEAT PUMPS; FOLLOWED BY OTHER RESIDENTIAL
 CUSTOMERS; FOLLOWED BY OTHER COMMERCIAL AND INDUSTRIAL  CUSTOMERS.  THIS
 SUBDIVISION  SHALL  NOT INTERFERE WITH THE AUTHORITY'S EXISTING RECHARGE
 PROGRAM.  FOR THE PURPOSES OF THIS PARAGRAPH, THE TERM  "LOW-TO-MODERATE
 INCOME HOUSEHOLDS" SHALL MEAN HOUSEHOLDS WITH ANNUAL INCOMES AT OR BELOW
 EIGHTY  PERCENT  OF  THE  AREA MEDIAN INCOME OF THE COUNTY OR METRO AREA
 WHERE THEY RESIDE.
   (B) THERE SHALL BE NO ELECTRICITY RATE INCREASE FOR  THE  FIRST  THREE
 YEARS  FOLLOWING THE EFFECTIVE DATE OF THIS SUBDIVISION. AFTER THE FIRST
 THREE YEARS FOLLOWING THE EFFECTIVE DATE OF THIS SUBDIVISION, A PROGRES-
 SIVE RATE STRUCTURE BASED ON INCOME AND LEVEL OF ENERGY SHALL BE  DEVEL-
 A. 1466--B                          6
 
 OPED IN CONSULTATION WITH THE AUTHORITY AND COMMUNITIES VIA THE NEW YORK
 STATE  ENERGY RESEARCH AND DEVELOPMENT AUTHORITY'S REGIONAL CLEAN ENERGY
 HUBS.
   (C)  THE  AUTHORITY  SHALL  DISCOURAGE THE SHUT OFF OF ANY RESIDENTIAL
 CUSTOMER'S ENERGY FOR NON-PAYMENT AND SHALL  DISCOURAGE  THE  CHARGE  OF
 PUNITIVE  LATE  FEES  BY  COLLABORATING WITH DISTRIBUTION COMPANIES. THE
 AUTHORITY SHALL WORK WITH THE LOW INCOME HOME ENERGY ASSISTANCE  PROGRAM
 TO  ASSIST  LOW-INCOME  CUSTOMERS  WITH  PAYMENT PLANS AND TO DEVELOP AN
 EMERGENCY FUND TO COVER INSTANCES OF  NON-PAYMENT.  NOTWITHSTANDING  ANY
 OTHER  PROVISION TO THE CONTRARY, THE AUTHORITY MAY IMPOSE PENALTIES FOR
 LARGE ENERGY USERS AND MAY INCENTIVIZE ENERGY CONSERVATION WITH  REBATES
 AND  DISCOUNTS  ON  ENERGY  EFFICIENT  PRODUCTS, TO BE DETERMINED BY THE
 AUTHORITY'S BOARD  IN  CONSULTATION  WITH  THE  NEW  YORK  STATE  ENERGY
 RESEARCH AND DEVELOPMENT AUTHORITY.
   (D)  THE  AUTHORITY  IS AUTHORIZED TO SELL UP TO THIRTY PERCENT OF THE
 ELECTRICITY THAT IT PROVIDES TO RESIDENTIAL AND COMMERCIAL CUSTOMERS  TO
 CUSTOMERS  OF  THE  LONG ISLAND POWER AUTHORITY, ESTABLISHED UNDER TITLE
 ONE-A OF THIS ARTICLE, AND THE LONG ISLAND POWER AUTHORITY IS AUTHORIZED
 TO PURCHASE THIS POWER.
   34. ALL NEW RENEWABLE PROJECTS DESIGNED, BUILT, OWNED AND OPERATED  BY
 THE  AUTHORITY AND ENERGY EFFICIENCY PROGRAMS DESIGNED, BUILT, OWNED AND
 OPERATED BY THE AUTHORITY SHALL PAY  A  PREVAILING  WAGE  AND  SHALL  BE
 SUBJECT  TO  PROJECT LABOR AGREEMENTS. THESE PREVAILING WAGE AND PROJECT
 LABOR AGREEMENT PROVISIONS SHALL APPLY BOTH TO THE AUTHORITY'S EMPLOYEES
 AND TO CONTRACTORS HIRED FOR THE CONSTRUCTION  AND  OPERATION  OF  THESE
 PROJECTS.  THERE  SHALL BE NO EMERGENCY STRIKE FUNDS, NOR SHALL THERE BE
 RATEPAYER FUNDED MANAGEMENT CONTRACT NEGOTIATION  FUNDS;  THE  AUTHORITY
 AND ITS CONTRACTORS AND SUBCONTRACTORS SHALL AT A MINIMUM REMAIN NEUTRAL
 TO  UNIONIZATION EFFORTS. FURTHERMORE, THE AUTHORITY SHALL CONTRIBUTE TO
 A JUST TRANSITION FUND, WHICH SHALL MAKE FUNDING AVAILABLE  FOR  WORKERS
 WHO  LOSE JOBS AS A RESULT OF THESE MEASURES, PROVIDED THAT THIS FUNDING
 IS USED FOR RETRAINING FOR OTHER ROLES OR  USED  TO  CONTRIBUTE  TO  THE
 RETIREMENT  OF  THESE  WORKERS. THIS FUND AND A JUST TRANSITION PLAN FOR
 ANY FOSSIL FUEL, NUCLEAR, ENERGY SERVICE COMPANY, OR OTHER EMPLOYEES WHO
 LOSE THEIR JOBS AS A RESULT OF THIS BILL OR AS A RESULT OF  THE  TRANSI-
 TION  TO RENEWABLES, SHALL BE DEVELOPED BY THE AUTHORITY IN CONSULTATION
 WITH LABOR UNIONS AND IMPACTED EMPLOYEES.
   35. (A) THE AUTHORITY SHALL PARTNER WITH BOTH THE OFFICE OF  RENEWABLE
 ENERGY  SITING  AND  THE  NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT
 AUTHORITY'S REGIONAL CLEAN ENERGY HUBS  TO  DETERMINE  SITING  OF  LARGE
 SCALE RENEWABLE AND DISTRIBUTED RENEWABLE PROJECTS, PRIORITIZING:
   (I)  THE  PREFERENCES  OF,  LAND RIGHTS OF, AND BENEFITS TO INDIGENOUS
 NATIONS;
   (II) PREFERENCES OF AND BENEFITS TO DISADVANTAGED COMMUNITIES; AND
   (III) OVERALL COST OPTIMIZATION OF  DISTRIBUTED  GENERATION  RESOURCES
 FOR  THE  STATE  OVERALL AS DEMONSTRATED BY THE MOST RECENT AND DETAILED
 AVAILABLE ENERGY MODELING.
   36. THE AUTHORITY SHALL, WHEN FEASIBLE, PRIORITIZE PROJECTS THAT  MAKE
 A  GOOD  FAITH EFFORT TO SOURCE MATERIALS MANUFACTURED WITHIN THE STATE,
 INCLUDING, BUT NOT LIMITED TO, SOLAR PANELS AND BATTERIES.
   37. THE AUTHORITY  SHALL  WORK  WITH  EXISTING  WORKFORCE  DEVELOPMENT
 PROGRAMS,  UNION  APPRENTICESHIP PROGRAMS, AND REGIONAL COMMUNITY ENERGY
 HUBS TO PUBLISH A REPORT ON THE WAYS THAT THE CONSTRUCTION OF  RENEWABLE
 PROJECTS  CAN  BEST  SUPPORT THE DEVELOPMENT OF SKILLED, WELL PAID LOCAL
 WORKFORCES IN THE RENEWABLE ENERGY SECTOR, AND SHALL  PROVIDE  FINANCIAL
 SUPPORT  FOR  PRE-APPRENTICESHIP  PROGRAMS THROUGH LOCAL COMMUNITY BASED
 A. 1466--B                          7
 
 ORGANIZATIONS  THAT  WORK  WITH  DISADVANTAGED  COMMUNITIES  WHERE  THIS
 SUPPORT  IS  FOUND  TO BE NECESSARY TO THE EFFECTIVE DEVELOPMENT OF THIS
 WORKFORCE ACCORDING TO THE REPORT.
   38.  THE AUTHORITY SHALL SUPPORT THE BUNDLING OF DISTRIBUTED RENEWABLE
 ENERGY PROJECTS WHEREVER POSSIBLE TO EXCEED THE  FIVE  MEGAWATT  PROJECT
 THRESHOLD THAT ENSURES PREVAILING WAGE UNDER CURRENT LAW.
   39. FOR ENERGY PROJECTS THAT THE AUTHORITY BUILDS ON PROPERTIES OF THE
 NEW  YORK  CITY  HOUSING  AUTHORITY,  INCLUDING HEAT PUMP INSTALLATIONS,
 RETROFITS, WEATHERIZATION MEASURES, AND LEAD, MOLD, AND ASBESTOS REMEDI-
 ATION, BOTH THE AUTHORITY AND ITS CONTRACTORS  SHALL  PRIORITIZE  HIRING
 RESIDENTS  OF  THESE  PROPERTIES, PROVIDED THAT RESIDENTS MEET CONSIDER-
 ATIONS OF AVAILABILITY, SKILL LEVEL AND  TRAINING,  AND  THAT  RESIDENTS
 WANT  THOSE JOBS. IF THEY DO, THE AUTHORITY MUST CONNECT THOSE RESIDENTS
 WITH TRAINING OR UNION APPRENTICESHIP OPPORTUNITIES THAT  WOULD  PREPARE
 THEM  FOR  LONG-TERM  CAREERS IN THOSE INDUSTRIES. NO PROVISIONS OF THIS
 SUBDIVISION SHALL ALTER THE STATUS OF ANY SECTION 9 HOUSING. THE AUTHOR-
 ITY SHALL CONSULT THE RESIDENTS OR OCCUPANTS  OF  ALL  PUBLIC  BUILDINGS
 WHERE THE AUTHORITY IS BUILDING PROJECTS TO ASSESS THEIR NEEDS AND MINI-
 MIZE  DISRUPTION, NUISANCE, PUBLIC HEALTH RISKS, AND DISPLACEMENT DURING
 ANY REMEDIATION, RETROFIT, WEATHERIZATION, HEAT PUMP  INSTALLATIONS,  OR
 OTHER CONSTRUCTION THE AUTHORITY OR ITS CONTRACTORS PERFORM.
   § 3. Section 1003 of the public authorities law, as amended by chapter
 766 of the laws of 2005, is amended to read as follows:
   §  1003. Trustees. 1. The authority shall consist of [seven] SEVENTEEN
 trustees, five of whom shall serve respectively for terms of  one,  two,
 three, four and five years, to be appointed by the governor, by and with
 the  advice  and  consent  of the senate. The sixth and seventh trustees
 shall be appointed by the governor, by and with the advice  and  consent
 of  the  senate,  and  shall  serve  initial  terms of one and two years
 respectively.  ALL OTHER TRUSTEES SHALL BE  APPOINTED  BY  THE  REGIONAL
 CLEAN  ENERGY  HUBS  AND  COMMUNITY  ORGANIZATIONS  FROM ACROSS NEW YORK
 STATE, AND SHALL INCLUDE: (A) TWO WHO ARE REPRESENTATIVE  OF  THE  LABOR
 UNIONS  THAT  REPRESENT EMPLOYEES OF THE AUTHORITY; (B) TWO WITH A BACK-
 GROUND PRIMARILY IN ENVIRONMENTAL JUSTICE ADVOCACY; (C) TWO WITH A BACK-
 GROUND PRIMARILY IN COMMUNITY RENEWABLE ENERGY ADVOCACY; (D) TWO WITH  A
 BACKGROUND  IN  CONSUMER ADVOCACY; (E) TWO WITH BUILDING ELECTRIFICATION
 EXPERTISE; AND (F) TWO WITH ENERGY EFFICIENCY EXPERTISE. NO PERSON SHALL
 BE A TRUSTEE OF THE AUTHORITY WHO HAS A PROVABLE  CONFLICT  OF  INTEREST
 WITH  THE AUTHORITY'S MISSION TO PROVIDE LOW COST RENEWABLE ENERGY. Each
 trustee shall hold office until a successor has been appointed and qual-
 ified OR UNTIL REMOVED BY A MAJORITY VOTE  OF  THE  LEGISLATURE  OR  THE
 GOVERNOR.    At  the  expiration of the term of each trustee and of each
 succeeding trustee [the governor shall,  by  and  with  the  advice  and
 consent  of the senate, appoint a successor, who shall hold office for a
 term of five years, or until a successor has been appointed  and  quali-
 fied.  In  the event of a vacancy occurring in the office of the trustee
 by death, resignation or otherwise, the governor shall, by and with  the
 advice  and  consent  of the senate, appoint a successor, who shall hold
 office for the unexpired term. Four trustees shall constitute  a  quorum
 for  the purpose of organizing the authority and conducting the business
 thereof.], OR THE EVENT OF A VACANCY OCCURRING  IN  THE  OFFICE  OF  THE
 TRUSTEE  BY  DEATH,  RESIGNATION OR OTHERWISE, THE ORIGINAL ENTITIES WHO
 APPOINTED THAT TRUSTEE SHALL APPOINT A SUCCESSOR, WHO SHALL HOLD  OFFICE
 FOR  THE UNEXPIRED TERM. NINE TRUSTEES SHALL CONSTITUTE A QUORUM FOR THE
 PURPOSE OF ORGANIZING THE AUTHORITY AND CONDUCTING THE BUSINESS THEREOF.
 ANY AUTHORITY TRUSTEE OR BOARD MEMBER MAY  BE  TERMINATED  BY  EITHER  A
 A. 1466--B                          8
 
 MAJORITY VOTE OF THE SENATE OR ASSEMBLY, OR BY THE GOVERNOR. REASONS FOR
 TERMINATION  MAY  INCLUDE,  BUT  ARE NOT LIMITED TO: FAILURE TO MEET THE
 RENEWABLE ENERGY TARGETS OUTLINED IN THIS BILL; CONFLICTS  OF  INTEREST;
 FAILURE TO PRIORITIZE CLIMATE JUSTICE, ENVIRONMENTAL JUSTICE, OR ECONOM-
 IC  JUSTICE IN THE AUTHORITY'S OPERATIONS; SEXUAL ASSAULT OR HARASSMENT;
 OR CORRUPTION.
   2. The trustee chosen as chairman as provided in section one  thousand
 four of this title, shall receive an annual salary which shall be set by
 the  trustees  of  the  authority, and which shall not exceed the salary
 prescribed for the positions listed in paragraph (f) of subdivision  one
 of  section  one  hundred  sixty-nine  of the executive law. [Each other
 trustee shall not receive a salary or other compensation.] Each  trustee
 shall  receive  his or her reasonable expenses in the performance of his
 or her duties hereunder. The trustee chosen as  chairman  may  elect  to
 become  a  member  of the New York state and local employees' retirement
 system on the basis of such compensation to which he  or  she  shall  be
 entitled as herein provided notwithstanding the provisions of any gener-
 al, special or local law, municipal charter, or ordinance.
   §  4.  The  public  authorities law is amended by adding a new section
 1016 to read as follows:
   § 1016. FOR-PROFIT ENERGY SERVICES COMPANIES.   NO  FOR-PROFIT  ENERGY
 SERVICES  COMPANY,  THEIR CONTRACTORS, AND/OR THEIR AGENTS SHALL SEEK TO
 ENROLL OR MARKET THE COMPANY'S SERVICES TO  NEW  RESIDENTIAL  CUSTOMERS.
 THE  TERM  "MARKET"  SHALL  INCLUDE ANY AND ALL PROMOTION OR OUTREACH TO
 RESIDENTIAL CUSTOMERS IN AN ATTEMPT TO GET THEM TO ENROLL IN THE  COMPA-
 NY'S SERVICES. WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS SECTION,
 FOR-PROFIT  ENERGY  SERVICES  COMPANIES  SHALL  UNENROLL ANY RESIDENTIAL
 CUSTOMER THAT THEY CURRENTLY SERVE. HOWEVER,  ENERGY  SERVICE  COMPANIES
 MAY CONTINUE SELLING, ENROLLING OR MARKETING THEIR SERVICES TO COMMUNITY
 CHOICE AGGREGATION CUSTOMERS.
   §  5.  Nothing in this act is intended to limit, impair, or affect the
 legal authority of the power authority of the state of  New  York  under
 any  other  provision  of title 1 of article 5 of the public authorities
 law.
   § 6. No section of this act or any action required to be  taken  under
 this  act shall be delayed or made contingent upon the completion of the
 plan required by subdivision 31 of section 1005 of the  public  authori-
 ties law, as added by section two of this act.
   §  7. Severability clause.  If any clause, sentence, paragraph, subdi-
 vision, or section of this act shall be adjudged by any court of  compe-
 tent jurisdiction to be invalid, such judgment shall not affect, impair,
 or invalidate the remainder thereof, but shall be confined in its opera-
 tion to the clause, sentence, paragraph, subdivision, or section thereof
 directly  involved  in the controversy in which such judgment 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.
   § 8. This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1466--C
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2021
                                ___________
 
 Introduced  by M. of A. CARROLL, COLTON, DINOWITZ, GOTTFRIED, KIM, COOK,
   DICKENS, SIMON, STIRPE, BARNWELL, CRUZ, L. ROSENTHAL,  WEPRIN,  ROZIC,
   MAMDANI,   FORREST,   GALLAGHER,  ANDERSON,  EPSTEIN,  GONZALEZ-ROJAS,
   MITAYNES, FRONTUS, JACKSON, BURDICK,  WALKER,  SILLITTI,  ENGLEBRIGHT,
   J. RIVERA,  LAVINE, THIELE, FERNANDEZ, STECK, QUART, CLARK, SEAWRIGHT,
   DAVILA, RAMOS, BURGOS, PHEFFER AMATO, KELLES,  GALEF,  SEPTIMO,  NIOU,
   GLICK, EICHENSTEIN, CYMBROWITZ, BURKE, OTIS, SOLAGES, ABINANTI, DILAN,
   JACOBSON,  GIBBS, DE LOS SANTOS, CUNNINGHAM, REYES, TAPIA, ZINERMAN --
   Multi-Sponsored by -- M. of  A.  HEVESI,  HYNDMAN  --  read  once  and
   referred to the Committee on Corporations, Authorities and Commissions
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee -- recommitted to the  Committee  on
   Corporations,  Authorities and Commissions in accordance with Assembly
   Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee -- reported and
   referred  to  the Committee on Ways and Means -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee

 AN  ACT to amend the public authorities law, in relation to implementing
   the "New York State Build Public Renewables Act"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "New York State Build Public Renewables Act".
   § 2. Section 1005 of the public authorities law is amended  by  adding
 thirteen new subdivisions 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41
 and 42 to read as follows:
   30. (A) THE AUTHORITY IS AUTHORIZED AND DIRECTED TO PURCHASE, ACQUIRE,
 PLAN,  DESIGN,  ENGINEER,  FINANCE,  CONSTRUCT, OPERATE, MANAGE, IMPROVE
 AND/OR MAINTAIN ANY RENEWABLE ENERGY PROJECT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05455-20-2
 A. 1466--C                          2
              

 
   (B) FOR THE PURPOSES OF THIS SUBDIVISION AND SUBDIVISIONS  THIRTY-ONE,
 THIRTY-TWO,  THIRTY-THREE, THIRTY-FOUR, THIRTY-FIVE, THIRTY-SIX, THIRTY-
 SEVEN, THIRTY-EIGHT, THIRTY-NINE, FORTY, FORTY-ONE AND FORTY-TWO OF THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (I) "RENEWABLE ENERGY" SHALL HAVE THE SAME MEANING AS RENEWABLE ENERGY
 SYSTEMS AS SET FORTH IN SECTION SIXTY-SIX-P OF THE PUBLIC SERVICE LAW.
   (II) "RENEWABLE ENERGY PROJECT" SHALL BE DEFINED AS ALL INFRASTRUCTURE
 WHICH  GENERATES,  STORES,  DISTRIBUTES OR TRANSMITS RENEWABLE ENERGY OR
 THERMAL ENERGY AS DEFINED IN SUBPARAGRAPH (I)  OF  THIS  PARAGRAPH,  AND
 INCLUDES  THE  CONSTRUCTION,  INSTALLATION AND/OR OPERATION OF ANCILLARY
 FACILITIES OR EQUIPMENT DONE IN CONNECTION WITH ANY SUCH RENEWABLE ENER-
 GY GENERATING PROJECTS, INCLUDING, BUT NOT LIMITED  TO,  ENERGY  STORAGE
 SYSTEMS,  ELECTRIC  VEHICLE  CHARGING  INFRASTRUCTURE  AND OFFSHORE WIND
 SUPPORT AND  INSTALLATION  VESSELS  OWNED  BY  THE  AUTHORITY,  AND  THE
 PRODUCTION, USE, AND SALE OF GREEN HYDROGEN DEFINED AS HYDROGEN PRODUCED
 THROUGH ELECTROLYSIS POWERED USING ONE HUNDRED PERCENT RENEWABLE ENERGY.
   31. WHERE A RENEWABLE ENERGY SITE APPROPRIATE FOR NEW YORK STATE FALLS
 INTO  FEDERAL  JURISDICTION,  THE  AUTHORITY  MAY  PARTICIPATE  IN LEASE
 AUCTIONS IN AN ATTEMPT TO OBTAIN OWNERSHIP OF THAT AREA.
   32. (A) NOTWITHSTANDING ANY OTHER  PROVISION  OF  LAW,  THE  AUTHORITY
 SHALL,  ON  OR  AFTER  JANUARY FIRST, TWO THOUSAND THIRTY, ONLY GENERATE
 RENEWABLE ENERGY AND SHALL ONLY PURCHASE, ACQUIRE, PLAN,  DESIGN,  ENGI-
 NEER,  FINANCE, AND CONSTRUCT GENERATION AND TRANSMISSION FACILITIES FOR
 THE PURPOSE OF GENERATING, STORING, DISTRIBUTING AND TRANSMITTING RENEW-
 ABLE ENERGY. THE AUTHORITY SHALL PHASE OUT ITS USE OF  EXISTING  NON-RE-
 NEWABLE  GENERATION NO LATER THAN DECEMBER THIRTIETH, TWO THOUSAND THIR-
 TY, UNLESS THE AUTHORITY PROVIDES TO ITS TRUSTEES,  AND  MAKES  PUBLICLY
 AVAILABLE,  AN  ATTESTATION IN WRITING, SIGNED BY THE INDEPENDENT SYSTEM
 OPERATOR AND A REPRESENTATIVE OF THE REGIONAL CLEAN ENERGY HUB IN  WHICH
 THE  FACILITY  IS  LOCATED,  IDENTIFYING  THE EXISTENCE OF A RELIABILITY
 NEED.  THE AUTHORITY SHALL WORK WITH THE NEW YORK STATE ENERGY  RESEARCH
 AND  DEVELOPMENT  AUTHORITY  TO  PROVIDE  ANY  FUNDING  NECESSARY  FOR A
 REGIONAL CLEAN ENERGY HUB TO MEET THE NEEDS  OF  THIS  SUBDIVISION.  THE
 AUTHORITY,  IN  CONSULTATION WITH THE INDEPENDENT SYSTEM OPERATOR, SHALL
 ENSURE THAT THE PHASE OUT OF ITS EXISTING NON-RENEWABLE GENERATION  DOES
 NOT  LEAD  TO  AN INCREASE IN THE DELIVERY OF OUT-OF-STATE NON-RENEWABLE
 GENERATION INTO THE NEW YORK STATE ELECTRIC GRID. FOR  THE  PURPOSES  OF
 THIS SUBDIVISION, A "RELIABILITY NEED" MEANS AN ELECTRICITY SYSTEM NEED,
 WHICH IF UNMET, WOULD RESULT IN A VIOLATION OF THE ELECTRIC POWER SYSTEM
 PLANNING AND OPERATING POLICIES, STANDARDS, CRITERIA, GUIDELINES, PROCE-
 DURES,  AND RULES PROMULGATED BY THE NORTH AMERICAN ELECTRIC RELIABILITY
 CORPORATION ("NERC"), NORTHEAST POWER COORDINATING COUNCIL ("NPCC"), AND
 THE NEW YORK STATE RELIABILITY COUNCIL ("NYSRC"), AS THEY MAY BE AMENDED
 FROM TIME TO TIME.
   (B) THE AUTHORITY SHALL  PRIORITIZE  FUNDING,  SITING,  BUILDING,  AND
 OWNING  RENEWABLE  ENERGY PROJECTS WHICH: (I) ACTIVELY BENEFIT DISADVAN-
 TAGED COMMUNITIES AS DEFINED BY THE CLIMATE JUSTICE WORKING GROUP;  (II)
 MINIMIZE HARM TO WILDLIFE, ECOSYSTEMS, PUBLIC HEALTH, AND PUBLIC SAFETY;
 (III)  DO  NOT  VIOLATE INDIGENOUS RIGHTS OR SOVEREIGNTY; AND (IV) WHICH
 ARE THE MOST COST-EFFECTIVE TO THE STATE ACCORDING TO THE BEST AVAILABLE
 COST MODELING RESEARCH. THE  TYPES  OF  RENEWABLE  ENERGY  PROJECTS  THE
 AUTHORITY  BUILDS  SHALL  BE  DETERMINED AND PRIORITIZED IN CONSULTATION
 WITH AFFECTED LABOR UNIONS AND COMMUNITY ORGANIZATIONS VIA THE NEW  YORK
 STATE  ENERGY RESEARCH AND DEVELOPMENT AUTHORITY'S REGIONAL CLEAN ENERGY
 HUBS.
 A. 1466--C                          3
 
   33. (A) WITHIN TWO YEARS OF THE EFFECTIVE DATE  OF  THIS  SUBDIVISION,
 THE  AUTHORITY SHALL MAKE PUBLIC A TEN-YEAR CLIMATE AND RESILIENCY PLAN.
 SUCH CLIMATE AND RESILIENCY PLAN SHALL BE DESIGNED TO MINIMIZE COSTS  TO
 RATEPAYERS, WHILE BALANCING THE INTERESTS OF EMPLOYEES, GRID RELIABILITY
 AND  RESILIENCY,  DISADVANTAGED  COMMUNITIES  AS  DEFINED BY THE CLIMATE
 JUSTICE WORKING GROUP, AND THE ENVIRONMENT. SUCH PLAN SHALL BE DEVELOPED
 IN CONSULTATION WITH THE  NEW  YORK STATE INDEPENDENT  SYSTEM  OPERATOR,
 THE   NEW   YORK   STATE  ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, THE
 NEW YORK STATE DEPARTMENT OF PUBLIC SERVICE, AND CLIMATE AND  RESILIENCY
 EXPERTS,  LABOR  ORGANIZATIONS, ENVIRONMENTAL JUSTICE COMMUNITIES, RESI-
 DENTIAL AND SMALL BUSINESS RATEPAYER ADVOCATES, AND COMMUNITY  ORGANIZA-
 TIONS VIA THE  NEW  YORK STATE  ENERGY RESEARCH AND DEVELOPMENT AUTHORI-
 TY'S  REGIONAL CLEAN ENERGY HUBS. SUCH RESILIENCY PLAN SHALL OUTLINE THE
 RENEWABLE ENERGY PROJECTS THE AUTHORITY PLANS TO BUILD, HOW THE AUTHORI-
 TY PLANS TO PHASE OUT NON-RENEWABLE ASSETS AND HOW THE  AUTHORITY  PLANS
 TO  COMPLY  WITH THE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT AND
 THE RENEWABLE ENERGY TARGETS IN SUBDIVISIONS THIRTY-TWO AND  THIRTY-FOUR
 OF THIS SECTION, AND EFFORTS TO IMPROVE ENERGY AND ELECTRIC GRID RESILI-
 ENCY.    THE  AUTHORITY  SHALL  UPDATE  SUCH PLAN ANNUALLY, AFTER PUBLIC
 COMMENT AND A HEARING. SUCH UPDATED PLAN SHALL INCLUDE A REVIEW  OF  THE
 STATE'S PROGRESS TOWARDS THE RENEWABLE ENERGY GOALS OF THE CLIMATE LEAD-
 ERSHIP  AND  COMMUNITY PROTECTION ACT. IF THE AUTHORITY, IN CONSULTATION
 WITH THE NEW YORK  STATE  ENERGY  RESEARCH  AND  DEVELOPMENT  AUTHORITY,
 DETERMINES THAT THE RENEWABLE ENERGY GOALS OF THE CLIMATE LEADERSHIP AND
 COMMUNITY  PROTECTION  ACT ARE NOT LIKELY TO BE MET WITHIN THE TIMEFRAME
 ESTABLISHED BY THE LAW, THE AUTHORITY SHALL INCLUDE IN THE UPDATED  PLAN
 THE  RENEWABLE  ENERGY  PROJECTS  IT  PLANS TO BUILD TO ENSURE THE STATE
 MEETS SUCH GOALS, INCLUDING THE PERMIT APPLICATIONS SUBMITTED, THE STAGE
 OF EACH PROJECT IN THE  DEVELOPMENT  PROCESS,  WHEN  SUCH  PROJECTS  ARE
 EXPECTED  TO BE COMMISSIONED, AND ANY BARRIERS TO DEPLOYMENT EXPERIENCED
 BY THE AUTHORITY. IF THE AUTHORITY HAS IDENTIFIED A RELIABILITY NEED  TO
 MAINTAIN  ITS  EXISTING NON-RENEWABLE GENERATION PURSUANT TO SUBDIVISION
 THIRTY-TWO OF THIS SECTION, THE AUTHORITY SHALL IDENTIFY IN  THE  ANNUAL
 REPORT  THE  RENEWABLE  ENERGY  PROJECT, ENERGY STORAGE PROJECT,  TRANS-
 MISSION OR DISTRIBUTION INFRASTRUCTURE, DEMAND RESPONSE, OR  OTHER  SUCH
 PROJECT  OR PROJECTS THAT THE AUTHORITY, OR ANOTHER ENTITY, ONLY IF SUCH
 ENTITY  HAS  OBTAINED  ALL  THE  NECESSARY   PERMITS   AND   HAS   BEGUN
 CONSTRUCTION, PLANS TO DEVELOP TO MEET THE RELIABILITY NEED.
   (B)  WITHIN  TWO  YEARS OF THE EFFECTIVE DATE OF THIS SUBDIVISION, THE
 AUTHORITY SHALL MAKE PUBLIC A DEMOCRATIZATION PLAN, WITH  A  MANDATE  TO
 IMPLEMENT  THE PLAN WITHIN TWO YEARS OF ITS COMPLETION.  SUCH PLAN SHALL
 BE CREATED IN PARTNERSHIP WITH, AND CODESIGNED WITH, A  STATEWIDE  ALLI-
 ANCE  OF  COMMUNITY  ORGANIZATIONS  WITH AT LEAST FIVE YEARS' HISTORY OF
 WORKING ON ENERGY DEMOCRACY AND IMPLEMENTATION ISSUES, PROVIDING FUNDING
 FOR THIS ALLIANCE AS NECESSARY FOR THEIR PARTICIPATION IN THE COMPLETION
 OF THE PLAN. SUCH PLAN SHALL ENSURE THAT THE SCALE UP OF RENEWABLE BUILD
 OUT ACROSS THE STATE OCCURS IN LINE WITH THE PRINCIPLES OF ENERGY DEMOC-
 RACY AND TRANSPARENCY.
   (C) THE AUTHORITY SHALL HOLD AT LEAST EIGHT PUBLIC HEARINGS WITHIN TWO
 YEARS OF THE EFFECTIVE DATE OF THIS SUBDIVISION RELATED TO  THE  CLIMATE
 AND  RESILIENCY PLAN.   THE HEARING SHALL BE PUBLICIZED IN VARIOUS FORMS
 OF MEDIA, INCLUDING BUT NOT LIMITED TO THE  AUTHORITY'S  WEBSITE,  LOCAL
 NEWSPAPERS  AND SOCIAL MEDIA PLATFORMS, AND SHALL ALSO BE ACCESSIBLE VIA
 LIVESTREAM.  IN ADVANCE OF SUCH HEARING, THE AUTHORITY  SHALL  CONSPICU-
 OUSLY  POST  WRITTEN  NOTICE OF SUCH HEARING IN ALL AUTHORITY FACILITIES
 AND NEW YORK STATE ENERGY RESEARCH AND  DEVELOPMENT  AUTHORITY  REGIONAL
 A. 1466--C                          4
 
 CLEAN  ENERGY  HUBS  ON A SIGN POSTED AT EACH FACILITY ENTRANCE AND EXIT
 USED BY EMPLOYEES, AND SHALL PROVIDE AT LEAST TWO WEEKS  ADVANCE  NOTICE
 OF  SUCH  HEARING  TO AUTHORITY CUSTOMERS BY DIRECTLY COMMUNICATING SUCH
 NOTICE  TO  CUSTOMER  PHONE, EMAIL AND MAILING LISTS.  HEARINGS SHALL BE
 PERMITTED BETWEEN 12:00 PM TO 3:00 PM AND 6:00 PM TO 9:00  PM,  AND  THE
 AUTHORITY SHALL PROVIDE ALL SPEAKERS WITH THE OPTION TO SIGN UP TO SPEAK
 WITHIN  THOSE  THREE HOUR WINDOWS SUCH THAT NO SPEAKER SHALL WAIT LONGER
 THAN THREE HOURS TO SPEAK.   IN  ADDITION  TO  ORAL  TESTIMONY,  WRITTEN
 TESTIMONY  FROM  THE  PUBLIC  FOR SUCH HEARINGS SHALL BE ACCEPTED BY THE
 AUTHORITY NO LESS THAN TWO WEEKS AFTER EACH HEARING.  EACH SPEAKER SHALL
 HAVE AT LEAST THREE MINUTES TO SPEAK,  AND  A  REMOTE  OPTION  SHALL  BE
 PROVIDED  FOR SUBMITTING COMMENTS VIA VIDEO CONFERENCE, PHONE, INCLUDING
 SHORT MESSAGE SERVICES (SMS) TEXT MESSAGES AND/OR WRITTEN COMMENT, WHICH
 SHALL BE READ ALOUD. PROVISIONS FOR TRANSLATION SERVICES, AMERICAN  SIGN
 LANGUAGE INTERPRETATION, CLOSED CAPTIONING, AND ACCESS TO ACCOMMODATIONS
 PROVIDED  BY  THE AMERICANS WITH DISABILITIES ACT SHALL BE PROVIDED UPON
 REQUEST.
   (D) THE AUTHORITY SHALL MAINTAIN ALL DATA, MEETING MINUTES, RECORDINGS
 AND DOCUMENTS THAT DO NOT INCLUDE PERSONAL CUSTOMER INFORMATION, INCLUD-
 ING BUT NOT LIMITED TO DEPRECIATION SCHEDULES, ANNUAL  FINANCIAL  STATE-
 MENTS  OF ITEMIZED SPENDING, ENVIRONMENTAL IMPACT STATEMENTS, COST-BENE-
 FIT ANALYSES, CLIMATE AND RESILIENCY  PLANS,  RENEWABLE  ENERGY  PROJECT
 PLANS,  AND ANNUAL REPORTS ON OPERATIONS, CUSTOMER SERVICE, RELIABILITY,
 RESILIENCY  AND  SUSTAINABILITY.    ALL  SUCH  DATA,  MEETING   MINUTES,
 RECORDINGS  AND  DOCUMENTS  SHALL  BE  MADE AVAILABLE ON THE AUTHORITY'S
 WEBSITE, OR OTHERWISE MADE ACCESSIBLE BY  THE  AUTHORITY  UPON  REQUEST.
 ALL  SUCH  RECORDS SHALL BE MAINTAINED AS BUSINESS RECORDS FOR A MINIMUM
 OF TEN YEARS.  THE STATE COMPTROLLER SHALL AUDIT THE AUTHORITY AT  LEAST
 ONCE  EVERY TWO YEARS UNTIL TWO THOUSAND THIRTY TO ASCERTAIN WHETHER THE
 AUTHORITY IS IN COMPLIANCE WITH THE RENEWABLE ENERGY TARGETS OUTLINED IN
 THIS SUBDIVISION AND SUBDIVISIONS THIRTY-TWO,  THIRTY-FOUR  AND  THIRTY-
 FIVE OF THIS SECTION AND WHETHER THE AUTHORITY'S SPENDING AND OPERATIONS
 ARE  EFFECTIVELY  AND  EFFICIENTLY  PROMOTING THE COMMON GOOD.  THE MOST
 RECENT COMPTROLLER AUDITS SHALL ALSO BE MADE AVAILABLE  ON  THE AUTHORI-
 TY'S WEBSITE,  OR  OTHERWISE  MADE  ACCESSIBLE  BY  THE  AUTHORITY  UPON
 REQUEST.
   (E)  (I) THE AUTHORITY, IN CONSULTATION WITH THE NEW YORK STATE ENERGY
 RESEARCH AND DEVELOPMENT AUTHORITY AND THE  PUBLIC  SERVICE  COMMISSION,
 SHALL  DEVELOP AND CONDUCT AN ENERGY EFFICIENCY AND ENERGY AUDIT PROGRAM
 TO IDENTIFY PUBLIC BUILDINGS MOST IN NEED OF  RETROFITS  AND  EFFICIENCY
 MEASURES.   SUCH PROGRAM SHALL PROVIDE FOR THE INSTALLATION OF RENEWABLE
 HEATING AND COOLING SYSTEMS, AND, WHEN FEASIBLE,  OTHER  GREEN  BUILDING
 PROJECTS AS DEFINED IN SECTION 58-0101 OF THE ENVIRONMENTAL CONSERVATION
 LAW, IN PUBLIC HOUSING AND PUBLIC SCHOOLS BY THE YEAR TWO THOUSAND THIR-
 TY-FIVE, PRIORITIZING FIRST PUBLIC AFFORDABLE HOUSING AND PUBLIC SCHOOLS
 IN DISADVANTAGED COMMUNITIES. THE AUTHORITY SHALL HIRE AUTHORITY EMPLOY-
 EES  OR  CONTRACTORS TO PERFORM ENERGY AUDITS, RETROFITS AND OTHER EFFI-
 CIENCY PROGRAMS FOR THESE BUILDINGS, AND PROVIDE INCENTIVES, IN CONJUNC-
 TION WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT  AUTHORITY,
 FOR ENERGY EFFICIENT APPLIANCES AND INDUCTION STOVES, AS NEEDED, TO MEET
 THE  CLIMATE  GOALS  OUTLINED  IN  THE  CLIMATE LEADERSHIP AND COMMUNITY
 PROTECTION ACT.  IF THE BUILDINGS SELECTED FOR THIS  PROGRAM  NEED  MOLD
 REMEDIATION MEASURES OR LEAD ABATEMENT MEASURES TO BE CARRIED OUT BEFORE
 ENERGY  EFFICIENCY  MEASURES  CAN  BE  SAFELY IMPLEMENTED, THE AUTHORITY
 SHALL ALSO HIRE EMPLOYEES OR CONTRACTORS TO PERFORM LEAD ABATEMENT MEAS-
 URES AND/OR MOLD REMEDIATION MEASURES FOR THESE BUILDINGS.
 A. 1466--C                          5
 
   (II) THE AUTHORITY SHALL ANNUALLY POST ON ITS WEBSITE A REPORT  EVALU-
 ATING  THE ENERGY EFFICIENCY PROGRAM, INCLUDING, BUT NOT LIMITED TO, THE
 NUMBER OF CUSTOMERS SERVED BY THE EFFICIENCY PROGRAM, THE CUSTOMER DEMO-
 GRAPHICS, THE NUMBER OF  RETROFITS  AND  ENERGY  AUDITS  PERFORMED,  THE
 NUMBER  OF  JOBS  CREATED  AND  EMPLOYEE DEMOGRAPHICS, AND THE AMOUNT OF
 ENERGY AND DOLLARS SAVED AS A RESULT OF THE PROGRAM.
   (III) ALL WORK SUBJECT TO THIS SUBDIVISION SHALL BE CONSIDERED  PUBLIC
 WORK,  SUBJECT  TO  ARTICLES  EIGHT AND NINE OF THE LABOR LAW, AND SHALL
 UTILIZE A PROJECT LABOR AGREEMENT. FOR  PURPOSES  OF  THIS  SUBDIVISION,
 "PROJECT  LABOR  AGREEMENT"  SHALL MEAN A PRE-HIRE COLLECTIVE BARGAINING
 AGREEMENT BETWEEN THE AUTHORITY, OR A  THIRD  PARTY  ON  BEHALF  OF  THE
 AUTHORITY,  AND A BONA FIDE BUILDING AND CONSTRUCTION TRADE LABOR ORGAN-
 IZATION ESTABLISHING THE LABOR ORGANIZATION AS THE COLLECTIVE BARGAINING
 REPRESENTATIVE FOR ALL PERSONS WHO WILL PERFORM WORK ON  A  PUBLIC  WORK
 PROJECT, AND WHICH PROVIDES THAT ONLY CONTRACTORS AND SUBCONTRACTORS WHO
 SIGN  A PRE-NEGOTIATED AGREEMENT WITH THE LABOR ORGANIZATION CAN PERFORM
 PROJECT WORK. ALL CONTRACTORS AND SUBCONTRACTORS  ASSOCIATED  WITH  THIS
 WORK  SHALL  BE REQUIRED TO UTILIZE APPRENTICESHIP AGREEMENTS AS DEFINED
 BY ARTICLE TWENTY-THREE OF THE LABOR LAW.
   (F) THE AUTHORITY SHALL SUBMIT AN ANNUAL REPORT TO THE GOVERNOR AND TO
 THE LEGISLATURE WHICH SHALL BE MADE AVAILABLE TO THE PUBLIC. SUCH REPORT
 SHALL INCLUDE THE:
   (A) TEN YEAR CLIMATE AND RESILIENCY PLAN DESCRIBED IN PARAGRAPH (A) OF
 THIS SUBDIVISION;
   (B) AMOUNT OF ENERGY PRODUCED BY EACH FACILITY;
   (C) ENERGY TRANSFERRED BETWEEN FACILITIES WITHIN THE AUTHORITY;
   (D) ENERGY TRANSFERRED OUTSIDE OF THE AUTHORITY FOR SALE;
   (E) KILOWATT-HOUR SALES BY PROJECT;
   (F) REVENUES AND COSTS FOR EACH PROJECT FACILITY;
   (G) ACCUMULATED PROVISION FOR DEPRECIATION OF EACH PROJECT FACILITY;
   (H) FINANCIAL AND  OPERATING  INFORMATION  OF  THE  ENERGY  EFFICIENCY
 PROGRAM;
   (I)  ENROLLMENT  IN AND EFFECTIVENESS OF RENEWABLE ENERGY AUTO-ENROLL-
 MENT, RETROFIT, AND ENERGY EFFICIENT APPLIANCE PROGRAMS;
   (J) ANY PROJECTED RATE INCREASE FOR THE YEAR; AND
   (K) AN ANALYSIS OF THE AUTHORITY'S ACTIONS TO ENSURE  THE  STATE  WILL
 MEET  THE RENEWABLE ENERGY GOALS OF THE CLIMATE LEADERSHIP AND COMMUNITY
 PROTECTION ACT.
   34. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ON  OR  AFTER  JANUARY
 FIRST,  TWO THOUSAND THIRTY, THE AUTHORITY SHALL BE THE SOLE PROVIDER OF
 ELECTRICITY TO ALL STATE OWNED, LEASED, CONTROLLED, OR  OPERATED  BUILD-
 INGS  AND  ON  OR  AFTER  JANUARY  FIRST,  TWO THOUSAND THIRTY-FIVE, THE
 AUTHORITY SHALL BE THE SOLE PROVIDER OF  ELECTRICITY  TO  ALL  MUNICIPAL
 OWNED,  LEASED,  CONTROLLED, OR OPERATED BUILDINGS THAT USE ELECTRICITY,
 PROVIDED THAT THE ENERGY SUPPLY RATE OF SUCH ELECTRICITY  IS  LESS  THAN
 THE  ENERGY  SUPPLY  RATE  OF  THE  UTILITY  IN THE MUNICIPAL BUILDING'S
 SERVICE TERRITORY.
   35. (A) THE AUTHORITY IS AUTHORIZED TO SELL OR PROVIDE RENEWABLE ENER-
 GY TO RESIDENTIAL END-USE CUSTOMERS AND CCA  COMMUNITIES.    ANY  EXCESS
 RENEWABLE  ENERGY  PRODUCED  BY  THE AUTHORITY AND NOT USED OR STORED BY
 STATE OR MUNICIPAL OWNED OR LEASED BUILDINGS SHALL BE SOLD  DIRECTLY  TO
 LOW-TO-MODERATE  INCOME  HOUSEHOLDS  FIRST, PRIORITIZING LOW-TO-MODERATE
 INCOME HOUSEHOLDS IN DISADVANTAGED COMMUNITIES, AND AT A  RATE  THAT  IS
 FIFTY  PERCENT  LESS  THAN  THE ENERGY SUPPLY RATE OF THE UTILITY IN THE
 CUSTOMER'S SERVICE TERRITORY.  ANY  REMAINING  EXCESS  RENEWABLE  ENERGY
 PRODUCED BY THE AUTHORITY SHALL BE SOLD TO RESIDENTIAL END-USE CUSTOMERS
 A. 1466--C                          6
 
 OR  CCA'S  AT  THE WHOLESALE COST.  THIS SUBDIVISION SHALL NOT INTERFERE
 WITH THE AUTHORITY'S EXISTING RECHARGE NEW YORK  POWER  PROGRAM  OR  ANY
 OTHER POWER ALLOCATION PROGRAM MANAGED BY THE AUTHORITY AS OF THE EFFEC-
 TIVE  DATE OF THIS SUBDIVISION.  FOR THE PURPOSES OF THIS PARAGRAPH, THE
 TERM "LOW-TO-MODERATE INCOME  HOUSEHOLDS"  SHALL  MEAN  HOUSEHOLDS  WITH
 ANNUAL  INCOMES  AT OR BELOW EIGHTY PERCENT OF THE AREA MEDIAN INCOME OF
 THE COUNTY OR METRO AREA WHERE THEY RESIDE.
   (B)  WITHIN THREE YEARS FOLLOWING THE EFFECTIVE DATE OF THIS  SUBDIVI-
 SION,  THE AUTHORITY'S TRUSTEES, IN CONSULTATION WITH THE NEW YORK STATE
 ENERGY RESEARCH AND DEVELOPMENT AUTHORITY'S REGIONAL CLEAN ENERGY  HUBS,
 SHALL  DEVELOP  A  PROGRESSIVE RATE STRUCTURE BASED ON INCOME AND ENERGY
 USAGE TO BE OFFERED TO END-USE CUSTOMERS AND CCA COMMUNITIES.
   (C) THE AUTHORITY SHALL WORK WITH THE OFFICE OF TEMPORARY AND DISABIL-
 ITY ASSISTANCE TO ASSIST LOW-INCOME CUSTOMERS TO ACCESS THE  LOW  INCOME
 HOME  ENERGY  ASSISTANCE  PROGRAM  AND  OTHER UTILITY BENEFITS AND SHALL
 OFFER DEFERRED PAYMENT AGREEMENT PAYMENT PLANS FOR CUSTOMERS  THAT  FALL
 INTO ARREARS.
   (D)  THE  AUTHORITY  IS AUTHORIZED TO SELL UP TO THIRTY PERCENT OF THE
 ELECTRICITY THAT IT PROVIDES TO RESIDENTIAL AND COMMERCIAL CUSTOMERS  TO
 CUSTOMERS  OF  THE  LONG ISLAND POWER AUTHORITY, ESTABLISHED UNDER TITLE
 ONE-A OF THIS ARTICLE, AND THE LONG ISLAND POWER AUTHORITY IS AUTHORIZED
 TO PURCHASE THIS POWER.
   36. ALL NEW RENEWABLE ENERGY PROJECTS SUBJECT TO THIS SECTION SHALL BE
 CONSIDERED PUBLIC WORK, SUBJECT TO ARTICLES EIGHT AND NINE OF THE  LABOR
 LAW  AND  SHALL  UTILIZE A PROJECT LABOR AGREEMENT. FOR PURPOSES OF THIS
 SUBDIVISION, "PROJECT LABOR AGREEMENT" SHALL MEAN A PRE-HIRE  COLLECTIVE
 BARGAINING  AGREEMENT  BETWEEN THE AUTHORITY, OR A THIRD PARTY ON BEHALF
 OF THE AUTHORITY, AND A BONA FIDE BUILDING AND CONSTRUCTION TRADE  LABOR
 ORGANIZATION  ESTABLISHING  THE  LABOR  ORGANIZATION  AS  THE COLLECTIVE
 BARGAINING REPRESENTATIVE FOR ALL PERSONS WHO WILL  PERFORM  WORK  ON  A
 PUBLIC  WORK  PROJECT,  AND  WHICH  PROVIDES  THAT  ONLY CONTRACTORS AND
 SUBCONTRACTORS WHO SIGN A PRE-NEGOTIATED AGREEMENT WITH THE LABOR ORGAN-
 IZATION CAN PERFORM PROJECT WORK.  ALL  CONTRACTORS  AND  SUBCONTRACTORS
 ASSOCIATED  WITH  THIS  WORK SHALL BE REQUIRED TO UTILIZE APPRENTICESHIP
 AGREEMENTS AS DEFINED BY ARTICLE TWENTY-THREE OF THE LABOR LAW.
   37. THE AUTHORITY, IN CONSULTATION  WITH  LABOR  ORGANIZATIONS,  SHALL
 DEVELOP  A COMPREHENSIVE PLAN TO TRANSITION, TRAIN, OR RETRAIN EMPLOYEES
 THAT ARE IMPACTED BY THE NEW YORK STATE BUILD PUBLIC RENEWABLES ACT, AND
 SHALL ESTABLISH AND CONTRIBUTE TO A JUST TRANSITION FUND THAT SHALL MAKE
 FUNDING AVAILABLE FOR WORKER TRANSITION AND RETRAINING.
   38. THE AUTHORITY SHALL INCLUDE REQUIREMENTS  IN  ANY  PROCUREMENT  OR
 DEVELOPMENT  OF  A  RENEWABLE  ENERGY PROJECT, AS DEFINED IN SUBDIVISION
 THIRTY OF THIS SECTION, THAT THE COMPONENTS AND PARTS SHALL BE  SUPPLIED
 WITH  EQUIPMENT  PRODUCED  OR  MADE  IN WHOLE OR SUBSTANTIAL PART IN THE
 UNITED STATES, ITS TERRITORIES OR POSSESSIONS. THE AUTHORITY'S TRUSTEES,
 IN CONSULTATION WITH THE NEW YORK STATE ENERGY RESEARCH AND  DEVELOPMENT
 AUTHORITY,  MAY  WAIVE  THE PROCUREMENT AND DEVELOPMENT REQUIREMENTS SET
 FORTH IN THIS SUBDIVISION IF THE TRUSTEES DETERMINE THAT:  THE  REQUIRE-
 MENTS WOULD NOT BE IN THE PUBLIC INTEREST; THE REQUIREMENTS WOULD RESULT
 IN  UNREASONABLE  COSTS;    OBTAINING SUCH INFRASTRUCTURE COMPONENTS AND
 PARTS IN THE UNITED STATES WOULD INCREASE THE COST OF A RENEWABLE ENERGY
 PROJECT BY AN UNREASONABLE AMOUNT; OR SUCH COMPONENTS OR PARTS CANNOT BE
 PRODUCED, MADE, OR ASSEMBLED IN THE  UNITED  STATES  IN  SUFFICIENT  AND
 REASONABLY  AVAILABLE QUANTITIES OR OF SATISFACTORY QUALITY. SUCH DETER-
 MINATION MUST BE MADE ON AN ANNUAL BASIS NO LATER THAN DECEMBER  THIRTY-
 FIRST  AFTER PROVIDING NOTICE AND AN OPPORTUNITY FOR PUBLIC COMMENT, AND
 A. 1466--C                          7
 
 BE MADE PUBLICLY AVAILABLE, IN WRITING, ON THE AUTHORITY'S WEBSITE  WITH
 A DETAILED EXPLANATION OF THE FINDINGS LEADING TO SUCH DETERMINATION. IF
 THE  AUTHORITY'S  TRUSTEES  HAVE ISSUED DETERMINATIONS FOR THREE CONSEC-
 UTIVE  YEARS  THAT NO SUCH WAIVER IS WARRANTED PURSUANT TO THIS SUBDIVI-
 SION, THEN THE AUTHORITY SHALL NO LONGER  BE  REQUIRED  TO  PROVIDE  THE
 ANNUAL DETERMINATION REQUIRED BY THIS SUBDIVISION.
   39.  THE  AUTHORITY  SHALL  WORK  WITH  EXISTING WORKFORCE DEVELOPMENT
 PROGRAMS, UNION APPRENTICESHIP PROGRAMS, AND REGIONAL  COMMUNITY  ENERGY
 HUBS  TO PUBLISH A REPORT ON THE WAYS THAT THE CONSTRUCTION OF RENEWABLE
 PROJECTS CAN BEST SUPPORT THE DEVELOPMENT OF SKILLED,  WELL  PAID  LOCAL
 WORKFORCES  IN  THE RENEWABLE ENERGY SECTOR, AND SHALL PROVIDE FINANCIAL
 SUPPORT THROUGH THE JUST TRANSITION FUND ESTABLISHED PURSUANT TO  SUBDI-
 VISION  THIRTY-SEVEN  OF  THIS SECTION FOR  PRE-APPRENTICESHIP  PROGRAMS
 THROUGH LOCAL COMMUNITY BASED ORGANIZATIONS THAT WORK WITH DISADVANTAGED
 COMMUNITIES AND UNION  RUN  WORKFORCE  DEVELOPMENT  INSTITUTIONS,  WHERE
 THIS  SUPPORT  IS  FOUND TO BE NECESSARY TO THE EFFECTIVE DEVELOPMENT OF
 THIS WORKFORCE ACCORDING TO THE REPORT.
   40. FOR ENERGY PROJECTS THAT THE AUTHORITY BUILDS ON PROPERTIES OF THE
 NEW YORK CITY HOUSING  AUTHORITY,  INCLUDING  HEAT  PUMP  INSTALLATIONS,
 RETROFITS, WEATHERIZATION MEASURES, AND LEAD, MOLD, AND ASBESTOS REMEDI-
 ATION,  BOTH  THE  AUTHORITY AND ITS CONTRACTORS SHALL PRIORITIZE HIRING
 RESIDENTS OF THESE PROPERTIES, PROVIDED THAT  RESIDENTS  MEET  CONSIDER-
 ATIONS  OF  AVAILABILITY,  INTEREST,  SKILL  LEVEL  AND  TRAINING.    NO
 PROVISIONS OF THIS SUBDIVISION SHALL ALTER THE STATUS OF ANY  SECTION  9
 HOUSING.  THE  AUTHORITY SHALL CONSULT THE RESIDENTS OR OCCUPANTS OF ALL
 PUBLIC BUILDINGS WHERE THE AUTHORITY  IS  BUILDING  PROJECTS  TO  ASSESS
 THEIR  NEEDS AND MINIMIZE DISRUPTION, NUISANCE, PUBLIC HEALTH RISKS, AND
 DISPLACEMENT DURING ANY REMEDIATION, RETROFIT, WEATHERIZATION, HEAT PUMP
 INSTALLATIONS, OR OTHER CONSTRUCTION THE AUTHORITY  OR  ITS  CONTRACTORS
 PERFORM.    ALL  WORK  SUBJECT  TO  THIS SUBDIVISION SHALL BE CONSIDERED
 PUBLIC WORK, SUBJECT TO ARTICLES EIGHT AND NINE OF THE  LABOR  LAW,  AND
 SHALL  UTILIZE  A PROJECT LABOR AGREEMENT. FOR PURPOSES OF THIS SUBDIVI-
 SION,  "PROJECT  LABOR  AGREEMENT"  SHALL  MEAN  A  PRE-HIRE  COLLECTIVE
 BARGAINING  AGREEMENT  BETWEEN THE AUTHORITY, OR A THIRD PARTY ON BEHALF
 OF THE AUTHORITY, AND A BONA FIDE BUILDING AND CONSTRUCTION TRADE  LABOR
 ORGANIZATION  ESTABLISHING  THE  LABOR  ORGANIZATION  AS  THE COLLECTIVE
 BARGAINING REPRESENTATIVE FOR ALL PERSONS WHO WILL  PERFORM  WORK  ON  A
 PUBLIC  WORK  PROJECT,  AND  WHICH  PROVIDES  THAT  ONLY CONTRACTORS AND
 SUBCONTRACTORS WHO SIGN A PRE-NEGOTIATED AGREEMENT WITH THE LABOR ORGAN-
 IZATION CAN PERFORM PROJECT WORK.  ALL  CONTRACTORS  AND  SUBCONTRACTORS
 ASSOCIATED  WITH  THIS  WORK SHALL BE REQUIRED TO UTILIZE APPRENTICESHIP
 AGREEMENTS AS DEFINED BY ARTICLE TWENTY-THREE OF THE LABOR LAW.
   41. (A) NOTHING IN THE NEW YORK  STATE  BUILD  PUBLIC  RENEWABLES  ACT
 SHALL  ALTER  THE RIGHTS OR BENEFITS, AND PRIVILEGES, INCLUDING, BUT NOT
 LIMITED TO TERMS AND CONDITIONS OF EMPLOYMENT, CIVIL SERVICE STATUS, AND
 COLLECTIVE BARGAINING UNIT MEMBERSHIP, OF ANY CURRENT EMPLOYEES  OF  THE
 AUTHORITY.
   (B)  NOTHING  IN  THE NEW YORK STATE BUILD PUBLIC RENEWABLES ACT SHALL
 RESULT IN: (I) THE DISCHARGE, DISPLACEMENT, OR LOSS OF POSITION, INCLUD-
 ING PARTIAL DISPLACEMENT SUCH AS A REDUCTION IN THE HOURS  OF  NON-OVER-
 TIME  WORK, WAGES, OR EMPLOYMENT BENEFITS; (II) THE IMPAIRMENT OF EXIST-
 ING COLLECTIVE BARGAINING AGREEMENTS; (III)  THE  TRANSFER  OF  EXISTING
 DUTIES  AND  FUNCTIONS;  OR (IV) THE TRANSFER OF FUTURE DUTIES AND FUNC-
 TIONS, OF ANY CURRENTLY EMPLOYED WORKER IMPACTED BY THIS ACT WHO  AGREES
 TO BE RETRAINED.
 A. 1466--C                          8
 
   42.  THE  AUTHORITY SHALL ENTER INTO A MEMORANDUM OF UNDERSTANDING FOR
 THE OPERATION AND MAINTENANCE OF A RENEWABLE  ENERGY  PROJECT  DEVELOPED
 PURSUANT  TO  THE NEW YORK STATE BUILD PUBLIC RENEWABLES ACT WITH A BONA
 FIDE LABOR ORGANIZATION OF JURISDICTION  THAT  IS  ACTIVELY  ENGAGED  IN
 REPRESENTING   TRANSITIONING  EMPLOYEES  FROM  NON-RENEWABLE  GENERATION
 FACILITIES. THE MEMORANDUM SHALL ONLY APPLY TO THE  EMPLOYEES  NECESSARY
 FOR  THE  MAINTENANCE  AND OPERATION OF SUCH RENEWABLE ENERGY GENERATION
 PROJECTS. SUCH MEMORANDUM SHALL CONTAIN BUT NOT BE LIMITED TO SAFETY AND
 TRAINING STANDARDS, DISASTER RESPONSE MEASURES, GUARANTEED HOURS, STAFF-
 ING LEVELS, PAY RATE PROTECTION AND RETRAINING PROGRAMS.  THE  EMPLOYEES
 ELIGIBLE FOR THESE POSITIONS SHALL FIRST BE SELECTED FROM AND OFFERED TO
 A  POOL  OF TRANSITIONING WORKERS WHO HAVE LOST THEIR EMPLOYMENT OR WILL
 BE LOSING  THEIR  EMPLOYMENT  IN  THE  NON-RENEWABLE  ENERGY  GENERATION
 SECTOR.  SUCH  LIST  OF POTENTIAL EMPLOYEES WILL BE PROVIDED BY AFFECTED
 UNIONS AND PROVIDED TO THE DEPARTMENT OF LABOR. THE DEPARTMENT OF  LABOR
 SHALL UPDATE AND PROVIDE SUCH LIST TO THE AUTHORITY NINETY DAYS PRIOR TO
 PURCHASE,  ACQUISITION, AND/OR CONSTRUCTION OF ANY PROJECT UNDER THE NEW
 YORK STATE BUILD PUBLIC RENEWABLES ACT.
   § 3. Section 1003 of the public authorities law, as amended by chapter
 766 of the laws of 2005, is amended to read as follows:
   § 1003. Trustees. 1. The authority shall consist of [seven]  SEVENTEEN
 trustees,  five  of whom shall serve respectively for terms of one, two,
 three, four and five years, to be appointed by the governor, by and with
 the advice and consent of the senate. The  sixth  and  seventh  trustees
 shall  be  appointed by the governor, by and with the advice and consent
 of the senate, and shall serve  initial  terms  of  one  and  two  years
 respectively.   ALL OTHER TRUSTEES SHALL BE APPOINTED AS FOLLOWS: TWO BY
 THE GOVERNOR, FOUR BY THE TEMPORARY PRESIDENT OF THE SENATE, AND FOUR BY
 THE SPEAKER OF THE ASSEMBLY, AND SHALL PROPORTIONALLY BE  SELECTED  FROM
 LABOR UNION REPRESENTATIVES THAT REPRESENT BOTH EMPLOYEES OF THE AUTHOR-
 ITY AND EMPLOYEES OF CONSTRUCTION CONTRACTORS OF THE AUTHORITY, ENVIRON-
 MENTAL JUSTICE ADVOCATES, COMMUNITY RENEWABLE ENERGY ADVOCATES, CONSUMER
 ADVOCATES,  AND  BUILDING ELECTRIFICATION AND ENERGY EFFICIENCY EXPERTS.
 FOR ANY APPOINTMENT AND VACANT TRUSTEE  POSITION,  THE  NEW  YORK  STATE
 ENERGY  RESEARCH  AND  DEVELOPMENT  AUTHORITY'S  CLEAN ENERGY HUBS SHALL
 SELECT QUALIFIED CANDIDATES THAT SHALL BE GIVEN REASONABLE CONSIDERATION
 FOR AN APPOINTMENT AS TRUSTEE BY THE  GOVERNOR,  SENATE,  AND  ASSEMBLY.
 Each  trustee shall hold office until a successor has been appointed and
 qualified OR UNTIL REMOVED BY A MAJORITY VOTE OF THE LEGISLATURE OR  THE
 GOVERNOR.    At  the  expiration of the term of each trustee and of each
 succeeding trustee [the governor shall,  by  and  with  the  advice  and
 consent  of the senate, appoint a successor, who shall hold office for a
 term of five years, or until a successor has been appointed  and  quali-
 fied.  In  the event of a vacancy occurring in the office of the trustee
 by death, resignation or otherwise, the governor shall, by and with  the
 advice  and  consent  of the senate, appoint a successor, who shall hold
 office for the unexpired term. Four trustees shall constitute  a  quorum
 for  the purpose of organizing the authority and conducting the business
 thereof.], OR THE EVENT OF A VACANCY OCCURRING  IN  THE  OFFICE  OF  THE
 TRUSTEE  BY  DEATH,  RESIGNATION OR OTHERWISE, THE ORIGINAL ENTITIES WHO
 APPOINTED THAT TRUSTEE SHALL APPOINT A SUCCESSOR, AFTER CONSIDERATION OF
 CLEAN ENERGY HUB CANDIDATES, WHO SHALL HOLD  OFFICE  FOR  THE  UNEXPIRED
 TERM.  NINE TRUSTEES SHALL CONSTITUTE A QUORUM FOR THE PURPOSE OF ORGAN-
 IZING THE AUTHORITY AND CONDUCTING THE BUSINESS THEREOF.  ANY  AUTHORITY
 TRUSTEE  OR  BOARD MEMBER MAY BE TERMINATED BY EITHER A MAJORITY VOTE OF
 THE SENATE OR ASSEMBLY, OR BY THE GOVERNOR. REASONS FOR TERMINATION  MAY
 A. 1466--C                          9
 
 INCLUDE,  BUT  ARE  NOT LIMITED TO: FAILURE TO MEET THE RENEWABLE ENERGY
 TARGETS OUTLINED IN THIS BILL; CONFLICTS OF INTEREST; FAILURE TO  PRIOR-
 ITIZE CLIMATE JUSTICE, ENVIRONMENTAL JUSTICE, OR ECONOMIC JUSTICE IN THE
 AUTHORITY'S OPERATIONS; SEXUAL ASSAULT OR HARASSMENT; OR CORRUPTION.
   2.  The trustee chosen as chairman as provided in section one thousand
 four of this title, shall receive an annual salary which shall be set by
 the trustees of the authority, and which shall  not  exceed  the  salary
 prescribed  for the positions listed in paragraph (f) of subdivision one
 of section one hundred sixty-nine of  the  executive  law.  [Each  other
 trustee  shall not receive a salary or other compensation.] Each trustee
 shall receive his or her reasonable expenses in the performance  of  his
 or  her  duties  hereunder.  The trustee chosen as chairman may elect to
 become a member of the New York state and  local  employees'  retirement
 system  on  the  basis  of such compensation to which he or she shall be
 entitled as herein provided notwithstanding the provisions of any gener-
 al, special or local law, municipal charter, or ordinance.
   § 4. Nothing in this act is intended to limit, impair, or  affect  the
 legal  authority  of  the power authority of the state of New York under
 any other provision of title 1 of article 5 of  the  public  authorities
 law.
   §  5.  No section of this act or any action required to be taken under
 this act shall be delayed or made contingent upon the completion of  the
 plan  required  by subdivision 33 of section 1005 of the public authori-
 ties law, as added by section two of this act.
   § 6. Severability clause.  If any clause, sentence, paragraph,  subdi-
 vision,  or section of this act shall be adjudged by any court of compe-
 tent jurisdiction to be invalid, such judgment shall not affect, impair,
 or invalidate the remainder thereof, but shall be confined in its opera-
 tion to the clause, sentence, paragraph, subdivision, or section thereof
 directly involved in the controversy in which such judgment  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.
   § 7. This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1466--D
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2021
                                ___________
 
 Introduced  by M. of A. CARROLL, COLTON, DINOWITZ, GOTTFRIED, KIM, COOK,
   DICKENS, SIMON, STIRPE, BARNWELL, CRUZ, L. ROSENTHAL,  WEPRIN,  ROZIC,
   MAMDANI,   FORREST,   GALLAGHER,  ANDERSON,  EPSTEIN,  GONZALEZ-ROJAS,
   MITAYNES, FRONTUS, JACKSON, BURDICK,  WALKER,  SILLITTI,  ENGLEBRIGHT,
   J. RIVERA,  LAVINE, THIELE, FERNANDEZ, STECK, QUART, CLARK, SEAWRIGHT,
   DAVILA, RAMOS, BURGOS, PHEFFER AMATO, KELLES,  GALEF,  SEPTIMO,  NIOU,
   GLICK, EICHENSTEIN, CYMBROWITZ, BURKE, OTIS, SOLAGES, ABINANTI, DILAN,
   JACOBSON,  GIBBS, DE LOS SANTOS, CUNNINGHAM, REYES, TAPIA, ZINERMAN --
   Multi-Sponsored by -- M. of  A.  HEVESI,  HYNDMAN  --  read  once  and
   referred to the Committee on Corporations, Authorities and Commissions
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee -- recommitted to the  Committee  on
   Corporations,  Authorities and Commissions in accordance with Assembly
   Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee -- reported and
   referred  to  the Committee on Ways and Means -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee  --  again  reported  from  said  committee with amendments,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the public authorities law, in relation to  implementing
   the "New York State Build Public Renewables Act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "New York State Build Public Renewables Act".
   §  2.  Section 1005 of the public authorities law is amended by adding
 fourteen new subdivisions 30, 31, 32, 33, 34, 35, 36, 37,  38,  39,  40,
 41, 42, and 43 to read as follows:
   30. (A) THE AUTHORITY IS AUTHORIZED AND DIRECTED TO PURCHASE, ACQUIRE,
 PLAN,  DESIGN,  ENGINEER,  FINANCE,  CONSTRUCT, OPERATE, MANAGE, IMPROVE
 AND/OR MAINTAIN ANY RENEWABLE ENERGY PROJECT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05455-22-2
              

 A. 1466--D                          2
 
   (B) FOR THE PURPOSES OF THIS SUBDIVISION AND SUBDIVISIONS  THIRTY-ONE,
 THIRTY-TWO,  THIRTY-THREE, THIRTY-FOUR, THIRTY-FIVE, THIRTY-SIX, THIRTY-
 SEVEN,  THIRTY-EIGHT,  THIRTY-NINE,  FORTY,  FORTY-ONE,  FORTY-TWO   AND
 FORTY-THREE  OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   (I) "RENEWABLE ENERGY" SHALL HAVE THE SAME MEANING AS RENEWABLE ENERGY
 SYSTEMS AS SET FORTH IN SECTION SIXTY-SIX-P OF THE PUBLIC SERVICE LAW.
   (II) "RENEWABLE ENERGY PROJECT" SHALL BE DEFINED AS ALL INFRASTRUCTURE
 WHICH  GENERATES,  STORES,  DISTRIBUTES OR TRANSMITS RENEWABLE ENERGY OR
 THERMAL ENERGY AS DEFINED IN SUBPARAGRAPH (I)  OF  THIS  PARAGRAPH,  AND
 INCLUDES  THE  CONSTRUCTION,  INSTALLATION AND/OR OPERATION OF ANCILLARY
 FACILITIES OR EQUIPMENT DONE IN CONNECTION WITH ANY SUCH RENEWABLE ENER-
 GY GENERATING PROJECTS, INCLUDING, BUT NOT LIMITED  TO,  ENERGY  STORAGE
 SYSTEMS,  ELECTRIC  VEHICLE  CHARGING  INFRASTRUCTURE  AND OFFSHORE WIND
 SUPPORT AND  INSTALLATION  VESSELS  OWNED  BY  THE  AUTHORITY,  AND  THE
 PRODUCTION, USE, AND SALE OF GREEN HYDROGEN DEFINED AS HYDROGEN PRODUCED
 THROUGH ELECTROLYSIS POWERED USING ONE HUNDRED PERCENT RENEWABLE ENERGY.
   31. WHERE A RENEWABLE ENERGY SITE APPROPRIATE FOR NEW YORK STATE FALLS
 INTO  FEDERAL  JURISDICTION,  THE  AUTHORITY  MAY  PARTICIPATE  IN LEASE
 AUCTIONS IN AN ATTEMPT TO OBTAIN OWNERSHIP OF THAT AREA.
   32. (A) NOTWITHSTANDING ANY OTHER  PROVISION  OF  LAW,  THE  AUTHORITY
 SHALL,  ON  OR  AFTER  JANUARY FIRST, TWO THOUSAND THIRTY, ONLY GENERATE
 RENEWABLE ENERGY AND SHALL ONLY PURCHASE, ACQUIRE, PLAN,  DESIGN,  ENGI-
 NEER,  FINANCE, AND CONSTRUCT GENERATION AND TRANSMISSION FACILITIES FOR
 THE PURPOSE OF GENERATING, STORING, DISTRIBUTING AND TRANSMITTING RENEW-
 ABLE ENERGY. THE AUTHORITY SHALL PHASE OUT ITS USE OF  EXISTING  NON-RE-
 NEWABLE  GENERATION NO LATER THAN DECEMBER THIRTIETH, TWO THOUSAND THIR-
 TY, UNLESS THE AUTHORITY PROVIDES TO ITS TRUSTEES,  AND  MAKES  PUBLICLY
 AVAILABLE,  AN  ATTESTATION IN WRITING, SIGNED BY THE INDEPENDENT SYSTEM
 OPERATOR AND A REPRESENTATIVE OF THE REGIONAL CLEAN ENERGY HUB IN  WHICH
 THE  FACILITY  IS  LOCATED,  IDENTIFYING  THE EXISTENCE OF A RELIABILITY
 NEED.  THE AUTHORITY SHALL WORK WITH THE NEW YORK STATE ENERGY  RESEARCH
 AND  DEVELOPMENT  AUTHORITY  TO  PROVIDE  ANY  FUNDING  NECESSARY  FOR A
 REGIONAL CLEAN ENERGY HUB TO MEET THE NEEDS  OF  THIS  SUBDIVISION.  THE
 AUTHORITY,  IN  CONSULTATION WITH THE INDEPENDENT SYSTEM OPERATOR, SHALL
 ENSURE THAT THE PHASE OUT OF ITS EXISTING NON-RENEWABLE GENERATION  DOES
 NOT  LEAD  TO  AN INCREASE IN THE DELIVERY OF OUT-OF-STATE NON-RENEWABLE
 GENERATION INTO THE NEW YORK STATE ELECTRIC GRID. FOR  THE  PURPOSES  OF
 THIS SUBDIVISION, A "RELIABILITY NEED" MEANS AN ELECTRICITY SYSTEM NEED,
 WHICH IF UNMET, WOULD RESULT IN A VIOLATION OF THE ELECTRIC POWER SYSTEM
 PLANNING AND OPERATING POLICIES, STANDARDS, CRITERIA, GUIDELINES, PROCE-
 DURES,  AND RULES PROMULGATED BY THE NORTH AMERICAN ELECTRIC RELIABILITY
 CORPORATION ("NERC"), NORTHEAST POWER COORDINATING COUNCIL ("NPCC"), AND
 THE NEW YORK STATE RELIABILITY COUNCIL ("NYSRC"), AS THEY MAY BE AMENDED
 FROM TIME TO TIME.
   (B) THE AUTHORITY SHALL  PRIORITIZE  FUNDING,  SITING,  BUILDING,  AND
 OWNING  RENEWABLE  ENERGY PROJECTS WHICH: (I) ACTIVELY BENEFIT DISADVAN-
 TAGED COMMUNITIES AS DEFINED BY THE CLIMATE JUSTICE WORKING GROUP;  (II)
 MINIMIZE HARM TO WILDLIFE, ECOSYSTEMS, PUBLIC HEALTH, AND PUBLIC SAFETY;
 (III)  DO  NOT  VIOLATE INDIGENOUS RIGHTS OR SOVEREIGNTY; AND (IV) WHICH
 ARE THE MOST COST-EFFECTIVE TO THE STATE ACCORDING TO THE BEST AVAILABLE
 COST MODELING RESEARCH. THE  TYPES  OF  RENEWABLE  ENERGY  PROJECTS  THE
 AUTHORITY  BUILDS  SHALL  BE  DETERMINED AND PRIORITIZED IN CONSULTATION
 WITH AFFECTED LABOR UNIONS AND COMMUNITY ORGANIZATIONS VIA THE NEW  YORK
 STATE  ENERGY RESEARCH AND DEVELOPMENT AUTHORITY'S REGIONAL CLEAN ENERGY
 HUBS.
 A. 1466--D                          3
 
   33. (A) WITHIN TWO YEARS OF THE EFFECTIVE DATE  OF  THIS  SUBDIVISION,
 THE  AUTHORITY SHALL MAKE PUBLIC A TEN-YEAR CLIMATE AND RESILIENCY PLAN.
 SUCH CLIMATE AND RESILIENCY PLAN SHALL BE DESIGNED TO MINIMIZE COSTS  TO
 RATEPAYERS, WHILE BALANCING THE INTERESTS OF EMPLOYEES, GRID RELIABILITY
 AND  RESILIENCY,  DISADVANTAGED  COMMUNITIES  AS  DEFINED BY THE CLIMATE
 JUSTICE WORKING GROUP, AND THE ENVIRONMENT. SUCH PLAN SHALL BE DEVELOPED
 IN CONSULTATION WITH THE  NEW  YORK STATE INDEPENDENT  SYSTEM  OPERATOR,
 THE   NEW   YORK   STATE  ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, THE
 NEW YORK STATE DEPARTMENT OF PUBLIC SERVICE, AND CLIMATE AND  RESILIENCY
 EXPERTS,  LABOR  ORGANIZATIONS, ENVIRONMENTAL JUSTICE COMMUNITIES, RESI-
 DENTIAL AND SMALL BUSINESS RATEPAYER ADVOCATES, AND COMMUNITY  ORGANIZA-
 TIONS VIA THE  NEW  YORK STATE  ENERGY RESEARCH AND DEVELOPMENT AUTHORI-
 TY'S  REGIONAL CLEAN ENERGY HUBS. SUCH RESILIENCY PLAN SHALL OUTLINE THE
 RENEWABLE ENERGY PROJECTS THE AUTHORITY PLANS TO BUILD, HOW THE AUTHORI-
 TY PLANS TO PHASE OUT NON-RENEWABLE ASSETS AND HOW THE  AUTHORITY  PLANS
 TO  COMPLY  WITH THE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT AND
 THE RENEWABLE ENERGY TARGETS IN SUBDIVISIONS THIRTY-TWO AND  THIRTY-FOUR
 OF THIS SECTION, AND EFFORTS TO IMPROVE ENERGY AND ELECTRIC GRID RESILI-
 ENCY.    THE  AUTHORITY  SHALL  UPDATE  SUCH PLAN ANNUALLY, AFTER PUBLIC
 COMMENT AND A HEARING. SUCH UPDATED PLAN SHALL INCLUDE A REVIEW  OF  THE
 STATE'S PROGRESS TOWARDS THE RENEWABLE ENERGY GOALS OF THE CLIMATE LEAD-
 ERSHIP  AND  COMMUNITY PROTECTION ACT. IF THE AUTHORITY, IN CONSULTATION
 WITH THE NEW YORK  STATE  ENERGY  RESEARCH  AND  DEVELOPMENT  AUTHORITY,
 DETERMINES THAT THE RENEWABLE ENERGY GOALS OF THE CLIMATE LEADERSHIP AND
 COMMUNITY  PROTECTION  ACT ARE NOT LIKELY TO BE MET WITHIN THE TIMEFRAME
 ESTABLISHED BY THE LAW, THE AUTHORITY SHALL INCLUDE IN THE UPDATED  PLAN
 THE  RENEWABLE  ENERGY  PROJECTS  IT  PLANS TO BUILD TO ENSURE THE STATE
 MEETS SUCH GOALS, INCLUDING THE PERMIT APPLICATIONS SUBMITTED, THE STAGE
 OF EACH PROJECT IN THE  DEVELOPMENT  PROCESS,  WHEN  SUCH  PROJECTS  ARE
 EXPECTED  TO BE COMMISSIONED, AND ANY BARRIERS TO DEPLOYMENT EXPERIENCED
 BY THE AUTHORITY. IF THE AUTHORITY HAS IDENTIFIED A RELIABILITY NEED  TO
 MAINTAIN  ITS  EXISTING NON-RENEWABLE GENERATION PURSUANT TO SUBDIVISION
 THIRTY-TWO OF THIS SECTION, THE AUTHORITY SHALL IDENTIFY IN  THE  ANNUAL
 REPORT  THE  RENEWABLE  ENERGY  PROJECT, ENERGY STORAGE PROJECT,  TRANS-
 MISSION OR DISTRIBUTION INFRASTRUCTURE, DEMAND RESPONSE, OR  OTHER  SUCH
 PROJECT  OR PROJECTS THAT THE AUTHORITY, OR ANOTHER ENTITY, ONLY IF SUCH
 ENTITY  HAS  OBTAINED  ALL  THE  NECESSARY   PERMITS   AND   HAS   BEGUN
 CONSTRUCTION, PLANS TO DEVELOP TO MEET THE RELIABILITY NEED.
   (B)  WITHIN  TWO  YEARS OF THE EFFECTIVE DATE OF THIS SUBDIVISION, THE
 AUTHORITY SHALL MAKE PUBLIC A DEMOCRATIZATION PLAN, WITH  A  MANDATE  TO
 IMPLEMENT  THE PLAN WITHIN TWO YEARS OF ITS COMPLETION.  SUCH PLAN SHALL
 BE CREATED IN PARTNERSHIP WITH, AND CODESIGNED WITH, A  STATEWIDE  ALLI-
 ANCE  OF  COMMUNITY  ORGANIZATIONS  WITH AT LEAST FIVE YEARS' HISTORY OF
 WORKING ON ENERGY DEMOCRACY AND IMPLEMENTATION ISSUES, PROVIDING FUNDING
 FOR THIS ALLIANCE AS NECESSARY FOR THEIR PARTICIPATION IN THE COMPLETION
 OF THE PLAN. SUCH PLAN SHALL ENSURE THAT THE SCALE UP OF RENEWABLE BUILD
 OUT ACROSS THE STATE OCCURS IN LINE WITH THE PRINCIPLES OF ENERGY DEMOC-
 RACY AND TRANSPARENCY.
   (C) THE AUTHORITY SHALL HOLD AT LEAST EIGHT PUBLIC HEARINGS WITHIN TWO
 YEARS OF THE EFFECTIVE DATE OF THIS SUBDIVISION RELATED TO  THE  CLIMATE
 AND  RESILIENCY PLAN.   THE HEARING SHALL BE PUBLICIZED IN VARIOUS FORMS
 OF MEDIA, INCLUDING BUT NOT LIMITED TO THE  AUTHORITY'S  WEBSITE,  LOCAL
 NEWSPAPERS  AND SOCIAL MEDIA PLATFORMS, AND SHALL ALSO BE ACCESSIBLE VIA
 LIVESTREAM.  IN ADVANCE OF SUCH HEARING, THE AUTHORITY  SHALL  CONSPICU-
 OUSLY  POST  WRITTEN  NOTICE OF SUCH HEARING IN ALL AUTHORITY FACILITIES
 AND NEW YORK STATE ENERGY RESEARCH AND  DEVELOPMENT  AUTHORITY  REGIONAL
 A. 1466--D                          4
 
 CLEAN  ENERGY  HUBS  ON A SIGN POSTED AT EACH FACILITY ENTRANCE AND EXIT
 USED BY EMPLOYEES, AND SHALL PROVIDE AT LEAST TWO WEEKS  ADVANCE  NOTICE
 OF  SUCH  HEARING  TO AUTHORITY CUSTOMERS BY DIRECTLY COMMUNICATING SUCH
 NOTICE  TO  CUSTOMER  PHONE, EMAIL AND MAILING LISTS.  HEARINGS SHALL BE
 PERMITTED BETWEEN 12:00 PM TO 3:00 PM AND 6:00 PM TO 9:00  PM,  AND  THE
 AUTHORITY SHALL PROVIDE ALL SPEAKERS WITH THE OPTION TO SIGN UP TO SPEAK
 WITHIN  THOSE  THREE HOUR WINDOWS SUCH THAT NO SPEAKER SHALL WAIT LONGER
 THAN THREE HOURS TO SPEAK.   IN  ADDITION  TO  ORAL  TESTIMONY,  WRITTEN
 TESTIMONY  FROM  THE  PUBLIC  FOR SUCH HEARINGS SHALL BE ACCEPTED BY THE
 AUTHORITY NO LESS THAN TWO WEEKS AFTER EACH HEARING.  EACH SPEAKER SHALL
 HAVE AT LEAST THREE MINUTES TO SPEAK,  AND  A  REMOTE  OPTION  SHALL  BE
 PROVIDED  FOR SUBMITTING COMMENTS VIA VIDEO CONFERENCE, PHONE, INCLUDING
 SHORT MESSAGE SERVICES (SMS) TEXT MESSAGES AND/OR WRITTEN COMMENT, WHICH
 SHALL BE READ ALOUD. PROVISIONS FOR TRANSLATION SERVICES, AMERICAN  SIGN
 LANGUAGE INTERPRETATION, CLOSED CAPTIONING, AND ACCESS TO ACCOMMODATIONS
 PROVIDED  BY  THE AMERICANS WITH DISABILITIES ACT SHALL BE PROVIDED UPON
 REQUEST.
   (D) THE AUTHORITY SHALL MAINTAIN ALL DATA, MEETING MINUTES, RECORDINGS
 AND DOCUMENTS THAT DO NOT INCLUDE PERSONAL CUSTOMER INFORMATION, INCLUD-
 ING BUT NOT LIMITED TO DEPRECIATION SCHEDULES, ANNUAL  FINANCIAL  STATE-
 MENTS  OF ITEMIZED SPENDING, ENVIRONMENTAL IMPACT STATEMENTS, COST-BENE-
 FIT ANALYSES, CLIMATE AND RESILIENCY  PLANS,  RENEWABLE  ENERGY  PROJECT
 PLANS,  AND ANNUAL REPORTS ON OPERATIONS, CUSTOMER SERVICE, RELIABILITY,
 RESILIENCY  AND  SUSTAINABILITY.    ALL  SUCH  DATA,  MEETING   MINUTES,
 RECORDINGS  AND  DOCUMENTS  SHALL  BE  MADE AVAILABLE ON THE AUTHORITY'S
 WEBSITE, OR OTHERWISE MADE ACCESSIBLE BY  THE  AUTHORITY  UPON  REQUEST.
 ALL  SUCH  RECORDS SHALL BE MAINTAINED AS BUSINESS RECORDS FOR A MINIMUM
 OF TEN YEARS.  THE STATE COMPTROLLER SHALL AUDIT THE AUTHORITY AT  LEAST
 ONCE  EVERY TWO YEARS UNTIL TWO THOUSAND THIRTY TO ASCERTAIN WHETHER THE
 AUTHORITY IS IN COMPLIANCE WITH THE RENEWABLE ENERGY TARGETS OUTLINED IN
 THIS SUBDIVISION AND SUBDIVISIONS THIRTY-TWO,  THIRTY-FOUR  AND  THIRTY-
 FIVE OF THIS SECTION AND WHETHER THE AUTHORITY'S SPENDING AND OPERATIONS
 ARE  EFFECTIVELY  AND  EFFICIENTLY  PROMOTING THE COMMON GOOD.  THE MOST
 RECENT COMPTROLLER AUDITS SHALL ALSO BE MADE AVAILABLE  ON  THE AUTHORI-
 TY'S WEBSITE,  OR  OTHERWISE  MADE  ACCESSIBLE  BY  THE  AUTHORITY  UPON
 REQUEST.
   (E)  (I) THE AUTHORITY, IN CONSULTATION WITH THE NEW YORK STATE ENERGY
 RESEARCH AND DEVELOPMENT AUTHORITY AND THE  PUBLIC  SERVICE  COMMISSION,
 SHALL  DEVELOP AND CONDUCT AN ENERGY EFFICIENCY AND ENERGY AUDIT PROGRAM
 TO IDENTIFY PUBLIC BUILDINGS MOST IN NEED OF  RETROFITS  AND  EFFICIENCY
 MEASURES.   SUCH PROGRAM SHALL PROVIDE FOR THE INSTALLATION OF RENEWABLE
 HEATING AND COOLING SYSTEMS, AND, WHEN FEASIBLE,  OTHER  GREEN  BUILDING
 PROJECTS AS DEFINED IN SECTION 58-0101 OF THE ENVIRONMENTAL CONSERVATION
 LAW, IN PUBLIC HOUSING AND PUBLIC SCHOOLS BY THE YEAR TWO THOUSAND THIR-
 TY-FIVE, PRIORITIZING FIRST PUBLIC AFFORDABLE HOUSING AND PUBLIC SCHOOLS
 IN DISADVANTAGED COMMUNITIES. THE AUTHORITY SHALL HIRE AUTHORITY EMPLOY-
 EES  OR  CONTRACTORS TO PERFORM ENERGY AUDITS, RETROFITS AND OTHER EFFI-
 CIENCY PROGRAMS FOR THESE BUILDINGS, AND PROVIDE INCENTIVES, IN CONJUNC-
 TION WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT  AUTHORITY,
 FOR ENERGY EFFICIENT APPLIANCES AND INDUCTION STOVES, AS NEEDED, TO MEET
 THE  CLIMATE  GOALS  OUTLINED  IN  THE  CLIMATE LEADERSHIP AND COMMUNITY
 PROTECTION ACT.  IF THE BUILDINGS SELECTED FOR THIS  PROGRAM  NEED  MOLD
 REMEDIATION MEASURES OR LEAD ABATEMENT MEASURES TO BE CARRIED OUT BEFORE
 ENERGY  EFFICIENCY  MEASURES  CAN  BE  SAFELY IMPLEMENTED, THE AUTHORITY
 SHALL ALSO HIRE EMPLOYEES OR CONTRACTORS TO PERFORM LEAD ABATEMENT MEAS-
 URES AND/OR MOLD REMEDIATION MEASURES FOR THESE BUILDINGS.
 A. 1466--D                          5

   (II) THE AUTHORITY SHALL ANNUALLY POST ON ITS WEBSITE A REPORT  EVALU-
 ATING  THE ENERGY EFFICIENCY PROGRAM, INCLUDING, BUT NOT LIMITED TO, THE
 NUMBER OF CUSTOMERS SERVED BY THE EFFICIENCY PROGRAM, THE CUSTOMER DEMO-
 GRAPHICS, THE NUMBER OF  RETROFITS  AND  ENERGY  AUDITS  PERFORMED,  THE
 NUMBER  OF  JOBS  CREATED  AND  EMPLOYEE DEMOGRAPHICS, AND THE AMOUNT OF
 ENERGY AND DOLLARS SAVED AS A RESULT OF THE PROGRAM.
   (III) ALL WORK SUBJECT TO THIS SUBDIVISION SHALL BE CONSIDERED  PUBLIC
 WORK,  SUBJECT  TO  ARTICLES  EIGHT AND NINE OF THE LABOR LAW, AND SHALL
 UTILIZE A PROJECT LABOR AGREEMENT. FOR  PURPOSES  OF  THIS  SUBDIVISION,
 "PROJECT  LABOR  AGREEMENT"  SHALL MEAN A PRE-HIRE COLLECTIVE BARGAINING
 AGREEMENT BETWEEN THE AUTHORITY, OR A  THIRD  PARTY  ON  BEHALF  OF  THE
 AUTHORITY,  AND A BONA FIDE BUILDING AND CONSTRUCTION TRADE LABOR ORGAN-
 IZATION ESTABLISHING THE LABOR ORGANIZATION AS THE COLLECTIVE BARGAINING
 REPRESENTATIVE FOR ALL PERSONS WHO WILL PERFORM WORK ON  A  PUBLIC  WORK
 PROJECT, AND WHICH PROVIDES THAT ONLY CONTRACTORS AND SUBCONTRACTORS WHO
 SIGN  A PRE-NEGOTIATED AGREEMENT WITH THE LABOR ORGANIZATION CAN PERFORM
 PROJECT WORK. ALL CONTRACTORS AND SUBCONTRACTORS  ASSOCIATED  WITH  THIS
 WORK  SHALL  BE REQUIRED TO UTILIZE APPRENTICESHIP AGREEMENTS AS DEFINED
 BY ARTICLE TWENTY-THREE OF THE LABOR LAW.
   (F) THE AUTHORITY SHALL SUBMIT AN ANNUAL REPORT TO THE GOVERNOR AND TO
 THE LEGISLATURE WHICH SHALL BE MADE AVAILABLE TO THE PUBLIC. SUCH REPORT
 SHALL INCLUDE THE:
   (A) TEN YEAR CLIMATE AND RESILIENCY PLAN DESCRIBED IN PARAGRAPH (A) OF
 THIS SUBDIVISION;
   (B) AMOUNT OF ENERGY PRODUCED BY EACH FACILITY;
   (C) ENERGY TRANSFERRED BETWEEN FACILITIES WITHIN THE AUTHORITY;
   (D) ENERGY TRANSFERRED OUTSIDE OF THE AUTHORITY FOR SALE;
   (E) KILOWATT-HOUR SALES BY PROJECT;
   (F) REVENUES AND COSTS FOR EACH PROJECT FACILITY;
   (G) ACCUMULATED PROVISION FOR DEPRECIATION OF EACH PROJECT FACILITY;
   (H) FINANCIAL AND  OPERATING  INFORMATION  OF  THE  ENERGY  EFFICIENCY
 PROGRAM;
   (I)  ENROLLMENT  IN AND EFFECTIVENESS OF RENEWABLE ENERGY AUTO-ENROLL-
 MENT, RETROFIT, AND ENERGY EFFICIENT APPLIANCE PROGRAMS;
   (J) ANY PROJECTED RATE INCREASE FOR THE YEAR; AND
   (K) AN ANALYSIS OF THE AUTHORITY'S ACTIONS TO ENSURE  THE  STATE  WILL
 MEET  THE RENEWABLE ENERGY GOALS OF THE CLIMATE LEADERSHIP AND COMMUNITY
 PROTECTION ACT.
   34. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ON  OR  AFTER  JANUARY
 FIRST,  TWO THOUSAND THIRTY, THE AUTHORITY SHALL BE THE SOLE PROVIDER OF
 ELECTRICITY TO ALL STATE OWNED, LEASED, CONTROLLED, OR  OPERATED  BUILD-
 INGS  AND  ON  OR  AFTER  JANUARY  FIRST,  TWO THOUSAND THIRTY-FIVE, THE
 AUTHORITY SHALL BE THE SOLE PROVIDER OF  ELECTRICITY  TO  ALL  MUNICIPAL
 OWNED,  LEASED,  CONTROLLED, OR OPERATED BUILDINGS THAT USE ELECTRICITY.
 A MUNICIPAL OWNED, LEASED, CONTROLLED, OR OPERATED  BUILDING  THAT  USES
 ELECTRICITY MAY ELECT NOT TO RECEIVE ITS ENERGY SUPPLY FROM THE AUTHORI-
 TY  IF  (I) THE AUTHORITY'S ENERGY SUPPLY RATE IS HIGHER THAN THE ENERGY
 SUPPLY RATE OF THE UTILITY IN THE MUNICIPAL BUILDING'S SERVICE  TERRITO-
 RY,  AS DETERMINED BY THE TWELVE-MONTH AVERAGE UTILITY SUPPLY RATE; (II)
 THE MUNICIPAL BUILDING IS BEING SERVED BY A MUNICIPAL  ELECTRIC  UTILITY
 THAT  SHALL  SUPPLY  ONLY RENEWABLE ENERGY TO THE BUILDING; OR (III) THE
 MUNICIPAL BUILDING ELECTS TO PARTICIPATE IN A  COMMUNITY  CHOICE  AGGRE-
 GATION PROGRAM THAT SHALL SUPPLY ONLY RENEWABLE ENERGY TO THE BUILDING.
   35. (A) THE AUTHORITY IS AUTHORIZED TO SELL OR PROVIDE RENEWABLE ENER-
 GY  TO  RESIDENTIAL  END-USE  CUSTOMERS AND CCA COMMUNITIES.  ANY EXCESS
 RENEWABLE ENERGY PRODUCED BY THE AUTHORITY AND NOT  USED  OR  STORED  BY
 A. 1466--D                          6
 
 STATE  OR  MUNICIPAL OWNED OR LEASED BUILDINGS SHALL BE SOLD DIRECTLY TO
 LOW-TO-MODERATE INCOME HOUSEHOLDS  FIRST,  PRIORITIZING  LOW-TO-MODERATE
 INCOME  HOUSEHOLDS  IN  DISADVANTAGED COMMUNITIES, AND AT A RATE THAT IS
 FIFTY  PERCENT  LESS  THAN  THE ENERGY SUPPLY RATE OF THE UTILITY IN THE
 CUSTOMER'S SERVICE TERRITORY.  ANY  REMAINING  EXCESS  RENEWABLE  ENERGY
 PRODUCED BY THE AUTHORITY SHALL BE SOLD TO RESIDENTIAL END-USE CUSTOMERS
 OR CCA'S AT THE WHOLESALE COST.  FOR THE PURPOSES OF THIS PARAGRAPH, THE
 TERM  "LOW-TO-MODERATE  INCOME  HOUSEHOLDS"  SHALL  MEAN HOUSEHOLDS WITH
 ANNUAL INCOMES AT OR BELOW EIGHTY PERCENT OF THE AREA MEDIAN  INCOME  OF
 THE COUNTY OR METRO AREA WHERE THEY RESIDE.
   (B)   WITHIN THREE YEARS FOLLOWING THE EFFECTIVE DATE OF THIS SUBDIVI-
 SION, THE AUTHORITY'S TRUSTEES, IN CONSULTATION WITH THE NEW YORK  STATE
 ENERGY  RESEARCH AND DEVELOPMENT AUTHORITY'S REGIONAL CLEAN ENERGY HUBS,
 SHALL DEVELOP A PROGRESSIVE RATE STRUCTURE BASED ON  INCOME  AND  ENERGY
 USAGE TO BE OFFERED TO END-USE CUSTOMERS AND CCA COMMUNITIES.
   (C) THE AUTHORITY SHALL WORK WITH THE OFFICE OF TEMPORARY AND DISABIL-
 ITY  ASSISTANCE  TO ASSIST LOW-INCOME CUSTOMERS TO ACCESS THE LOW INCOME
 HOME ENERGY ASSISTANCE PROGRAM AND  OTHER  UTILITY  BENEFITS  AND  SHALL
 OFFER  DEFERRED  PAYMENT AGREEMENT PAYMENT PLANS FOR CUSTOMERS THAT FALL
 INTO ARREARS.
   (D) THE AUTHORITY IS AUTHORIZED TO SELL UP TO THIRTY  PERCENT  OF  THE
 ELECTRICITY  THAT IT PROVIDES TO RESIDENTIAL AND COMMERCIAL CUSTOMERS TO
 CUSTOMERS OF THE LONG ISLAND POWER AUTHORITY,  ESTABLISHED  UNDER  TITLE
 ONE-A OF THIS ARTICLE, AND THE LONG ISLAND POWER AUTHORITY IS AUTHORIZED
 TO PURCHASE THIS POWER.
   36. ALL NEW RENEWABLE ENERGY PROJECTS SUBJECT TO THIS SECTION SHALL BE
 CONSIDERED  PUBLIC WORK, SUBJECT TO ARTICLES EIGHT AND NINE OF THE LABOR
 LAW AND SHALL UTILIZE A PROJECT LABOR AGREEMENT. FOR  PURPOSES  OF  THIS
 SUBDIVISION,  "PROJECT LABOR AGREEMENT" SHALL MEAN A PRE-HIRE COLLECTIVE
 BARGAINING AGREEMENT BETWEEN THE AUTHORITY, OR A THIRD PARTY  ON  BEHALF
 OF  THE AUTHORITY, AND A BONA FIDE BUILDING AND CONSTRUCTION TRADE LABOR
 ORGANIZATION ESTABLISHING  THE  LABOR  ORGANIZATION  AS  THE  COLLECTIVE
 BARGAINING  REPRESENTATIVE  FOR  ALL  PERSONS WHO WILL PERFORM WORK ON A
 PUBLIC WORK PROJECT,  AND  WHICH  PROVIDES  THAT  ONLY  CONTRACTORS  AND
 SUBCONTRACTORS WHO SIGN A PRE-NEGOTIATED AGREEMENT WITH THE LABOR ORGAN-
 IZATION  CAN  PERFORM  PROJECT  WORK. ALL CONTRACTORS AND SUBCONTRACTORS
 ASSOCIATED WITH THIS WORK SHALL BE REQUIRED  TO  UTILIZE  APPRENTICESHIP
 AGREEMENTS AS DEFINED BY ARTICLE TWENTY-THREE OF THE LABOR LAW.
   37.  THE  AUTHORITY,  IN  CONSULTATION WITH LABOR ORGANIZATIONS, SHALL
 DEVELOP A COMPREHENSIVE PLAN TO TRANSITION, TRAIN, OR RETRAIN  EMPLOYEES
 THAT ARE IMPACTED BY THE NEW YORK STATE BUILD PUBLIC RENEWABLES ACT, AND
 SHALL ESTABLISH AND CONTRIBUTE TO A JUST TRANSITION FUND THAT SHALL MAKE
 FUNDING AVAILABLE FOR WORKER TRANSITION AND RETRAINING.
   38.  THE  AUTHORITY  SHALL  INCLUDE REQUIREMENTS IN ANY PROCUREMENT OR
 DEVELOPMENT OF A RENEWABLE ENERGY PROJECT,  AS  DEFINED  IN  SUBDIVISION
 THIRTY  OF THIS SECTION, THAT THE COMPONENTS AND PARTS SHALL BE SUPPLIED
 WITH EQUIPMENT PRODUCED OR MADE IN WHOLE  OR  SUBSTANTIAL  PART  IN  THE
 UNITED STATES, ITS TERRITORIES OR POSSESSIONS. THE AUTHORITY'S TRUSTEES,
 IN  CONSULTATION WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT
 AUTHORITY, MAY WAIVE THE PROCUREMENT AND  DEVELOPMENT  REQUIREMENTS  SET
 FORTH  IN  THIS SUBDIVISION IF THE TRUSTEES DETERMINE THAT: THE REQUIRE-
 MENTS WOULD NOT BE IN THE PUBLIC INTEREST; THE REQUIREMENTS WOULD RESULT
 IN UNREASONABLE COSTS;   OBTAINING SUCH  INFRASTRUCTURE  COMPONENTS  AND
 PARTS IN THE UNITED STATES WOULD INCREASE THE COST OF A RENEWABLE ENERGY
 PROJECT BY AN UNREASONABLE AMOUNT; OR SUCH COMPONENTS OR PARTS CANNOT BE
 PRODUCED,  MADE,  OR  ASSEMBLED  IN  THE UNITED STATES IN SUFFICIENT AND
 A. 1466--D                          7
 
 REASONABLY AVAILABLE QUANTITIES OR OF SATISFACTORY QUALITY. SUCH  DETER-
 MINATION  MUST BE MADE ON AN ANNUAL BASIS NO LATER THAN DECEMBER THIRTY-
 FIRST AFTER PROVIDING NOTICE AND AN OPPORTUNITY FOR PUBLIC COMMENT,  AND
 BE  MADE PUBLICLY AVAILABLE, IN WRITING, ON THE AUTHORITY'S WEBSITE WITH
 A DETAILED EXPLANATION OF THE FINDINGS LEADING TO SUCH DETERMINATION. IF
 THE AUTHORITY'S TRUSTEES HAVE ISSUED DETERMINATIONS  FOR  THREE  CONSEC-
 UTIVE  YEARS  THAT NO SUCH WAIVER IS WARRANTED PURSUANT TO THIS SUBDIVI-
 SION, THEN THE AUTHORITY SHALL NO LONGER  BE  REQUIRED  TO  PROVIDE  THE
 ANNUAL DETERMINATION REQUIRED BY THIS SUBDIVISION.
   39.  THE  AUTHORITY  SHALL  WORK  WITH  EXISTING WORKFORCE DEVELOPMENT
 PROGRAMS, UNION APPRENTICESHIP PROGRAMS, AND REGIONAL  COMMUNITY  ENERGY
 HUBS  TO PUBLISH A REPORT ON THE WAYS THAT THE CONSTRUCTION OF RENEWABLE
 PROJECTS CAN BEST SUPPORT THE DEVELOPMENT OF SKILLED,  WELL  PAID  LOCAL
 WORKFORCES  IN  THE RENEWABLE ENERGY SECTOR, AND SHALL PROVIDE FINANCIAL
 SUPPORT THROUGH THE JUST TRANSITION FUND ESTABLISHED PURSUANT TO  SUBDI-
 VISION  THIRTY-SEVEN  OF  THIS SECTION FOR  PRE-APPRENTICESHIP  PROGRAMS
 THROUGH LOCAL COMMUNITY BASED ORGANIZATIONS THAT WORK WITH DISADVANTAGED
 COMMUNITIES AND UNION  RUN  WORKFORCE  DEVELOPMENT  INSTITUTIONS,  WHERE
 THIS  SUPPORT  IS  FOUND TO BE NECESSARY TO THE EFFECTIVE DEVELOPMENT OF
 THIS WORKFORCE ACCORDING TO THE REPORT.
   40. FOR ENERGY PROJECTS THAT THE AUTHORITY BUILDS ON PROPERTIES OF THE
 NEW YORK CITY HOUSING  AUTHORITY,  INCLUDING  HEAT  PUMP  INSTALLATIONS,
 RETROFITS, WEATHERIZATION MEASURES, AND LEAD, MOLD, AND ASBESTOS REMEDI-
 ATION,  BOTH  THE  AUTHORITY AND ITS CONTRACTORS SHALL PRIORITIZE HIRING
 RESIDENTS OF THESE PROPERTIES, PROVIDED THAT  RESIDENTS  MEET  CONSIDER-
 ATIONS  OF  AVAILABILITY,  INTEREST,  SKILL  LEVEL  AND  TRAINING.    NO
 PROVISIONS OF THIS SUBDIVISION SHALL ALTER THE STATUS OF ANY  SECTION  9
 HOUSING.  THE  AUTHORITY SHALL CONSULT THE RESIDENTS OR OCCUPANTS OF ALL
 PUBLIC BUILDINGS WHERE THE AUTHORITY  IS  BUILDING  PROJECTS  TO  ASSESS
 THEIR  NEEDS AND MINIMIZE DISRUPTION, NUISANCE, PUBLIC HEALTH RISKS, AND
 DISPLACEMENT DURING ANY REMEDIATION, RETROFIT, WEATHERIZATION, HEAT PUMP
 INSTALLATIONS, OR OTHER CONSTRUCTION THE AUTHORITY  OR  ITS  CONTRACTORS
 PERFORM.    ALL  WORK  SUBJECT  TO  THIS SUBDIVISION SHALL BE CONSIDERED
 PUBLIC WORK, SUBJECT TO ARTICLES EIGHT AND NINE OF THE  LABOR  LAW,  AND
 SHALL  UTILIZE  A PROJECT LABOR AGREEMENT. FOR PURPOSES OF THIS SUBDIVI-
 SION,  "PROJECT  LABOR  AGREEMENT"  SHALL  MEAN  A  PRE-HIRE  COLLECTIVE
 BARGAINING  AGREEMENT  BETWEEN THE AUTHORITY, OR A THIRD PARTY ON BEHALF
 OF THE AUTHORITY, AND A BONA FIDE BUILDING AND CONSTRUCTION TRADE  LABOR
 ORGANIZATION  ESTABLISHING  THE  LABOR  ORGANIZATION  AS  THE COLLECTIVE
 BARGAINING REPRESENTATIVE FOR ALL PERSONS WHO WILL  PERFORM  WORK  ON  A
 PUBLIC  WORK  PROJECT,  AND  WHICH  PROVIDES  THAT  ONLY CONTRACTORS AND
 SUBCONTRACTORS WHO SIGN A PRE-NEGOTIATED AGREEMENT WITH THE LABOR ORGAN-
 IZATION CAN PERFORM PROJECT WORK.  ALL  CONTRACTORS  AND  SUBCONTRACTORS
 ASSOCIATED  WITH  THIS  WORK SHALL BE REQUIRED TO UTILIZE APPRENTICESHIP
 AGREEMENTS AS DEFINED BY ARTICLE TWENTY-THREE OF THE LABOR LAW.
   41. (A) NOTHING IN THE NEW YORK  STATE  BUILD  PUBLIC  RENEWABLES  ACT
 SHALL  ALTER  THE RIGHTS OR BENEFITS, AND PRIVILEGES, INCLUDING, BUT NOT
 LIMITED TO TERMS AND CONDITIONS OF EMPLOYMENT, CIVIL SERVICE STATUS, AND
 COLLECTIVE BARGAINING UNIT MEMBERSHIP, OF ANY CURRENT EMPLOYEES  OF  THE
 AUTHORITY.
   (B)  NOTHING  IN  THE NEW YORK STATE BUILD PUBLIC RENEWABLES ACT SHALL
 RESULT IN: (I) THE DISCHARGE, DISPLACEMENT, OR LOSS OF POSITION, INCLUD-
 ING PARTIAL DISPLACEMENT SUCH AS A REDUCTION IN THE HOURS  OF  NON-OVER-
 TIME  WORK, WAGES, OR EMPLOYMENT BENEFITS; (II) THE IMPAIRMENT OF EXIST-
 ING COLLECTIVE BARGAINING AGREEMENTS; (III)  THE  TRANSFER  OF  EXISTING
 DUTIES  AND  FUNCTIONS;  OR (IV) THE TRANSFER OF FUTURE DUTIES AND FUNC-
 A. 1466--D                          8
 
 TIONS, OF ANY CURRENTLY EMPLOYED WORKER IMPACTED BY THIS ACT WHO  AGREES
 TO BE RETRAINED.
   42.  THE  AUTHORITY SHALL ENTER INTO A MEMORANDUM OF UNDERSTANDING FOR
 THE OPERATION AND MAINTENANCE OF A RENEWABLE  ENERGY  PROJECT  DEVELOPED
 PURSUANT  TO  THE NEW YORK STATE BUILD PUBLIC RENEWABLES ACT WITH A BONA
 FIDE LABOR ORGANIZATION OF JURISDICTION  THAT  IS  ACTIVELY  ENGAGED  IN
 REPRESENTING   TRANSITIONING  EMPLOYEES  FROM  NON-RENEWABLE  GENERATION
 FACILITIES.   SUCH  MEMORANDUM  SHALL  BE  ENTERED  INTO  PRIOR  TO  THE
 COMPLETION  DATE  OF  A RENEWABLE ENERGY PROJECT AND SHALL BE AN ONGOING
 MATERIAL CONDITION OF AUTHORIZATION TO OPERATE AND MAINTAIN A  RENEWABLE
 ENERGY  PROJECT  DEVELOPED  PURSUANT  TO THE NEW YORK STATE BUILD PUBLIC
 RENEWABLES ACT.  THE MEMORANDUM SHALL ONLY APPLY TO THE EMPLOYEES NECES-
 SARY FOR THE MAINTENANCE AND OPERATION OF SUCH RENEWABLE  ENERGY  GENER-
 ATION  PROJECTS.  SUCH  MEMORANDUM  SHALL  CONTAIN BUT NOT BE LIMITED TO
 SAFETY AND TRAINING STANDARDS, DISASTER  RESPONSE  MEASURES,  GUARANTEED
 HOURS, STAFFING LEVELS, PAY RATE PROTECTION AND RETRAINING PROGRAMS. THE
 EMPLOYEES  ELIGIBLE FOR THESE POSITIONS SHALL FIRST BE SELECTED FROM AND
 OFFERED TO A POOL OF TRANSITIONING WORKERS WHO HAVE LOST  THEIR  EMPLOY-
 MENT  OR  WILL  BE  LOSING  THEIR EMPLOYMENT IN THE NON-RENEWABLE ENERGY
 GENERATION SECTOR. SUCH LIST OF POTENTIAL EMPLOYEES WILL BE PROVIDED  BY
 AFFECTED  UNIONS AND PROVIDED TO THE DEPARTMENT OF LABOR. THE DEPARTMENT
 OF LABOR SHALL UPDATE AND PROVIDE SUCH LIST TO THE AUTHORITY NINETY DAYS
 PRIOR TO PURCHASE, ACQUISITION, AND/OR CONSTRUCTION OF ANY PROJECT UNDER
 THE NEW YORK STATE BUILD PUBLIC RENEWABLES ACT.
   43. THE AUTHORITY SHALL COMPLY WITH THE OBJECTIVES AND GOALS OF CERTI-
 FIED MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES PURSUANT  TO  ARTICLE
 FIFTEEN-A  OF  THE EXECUTIVE LAW AND CERTIFIED SERVICE-DISABLED VETERAN-
 OWNED BUSINESSES PURSUANT TO ARTICLE THREE  OF  THE  VETERANS'  SERVICES
 LAW.  THE  AUTHORITY, IN CONSULTATION WITH THE COMMISSIONER OF THE DIVI-
 SION OF MINORITY AND WOMEN'S BUSINESS DEVELOPMENT AND  THE  DIRECTOR  OF
 THE  DIVISION  OF  SERVICE-DISABLED VETERANS' BUSINESS DEVELOPMENT SHALL
 MAKE TRAINING AND RESOURCES AVAILABLE TO ASSIST MINORITY AND WOMEN-OWNED
 BUSINESS ENTERPRISES AND SERVICE-DISABLED VETERAN-OWNED BUSINESS  ENTER-
 PRISES  ON  RENEWABLE ENERGY PROJECTS TO ACHIEVE AND MAINTAIN COMPLIANCE
 WITH PREVAILING WAGE REQUIREMENTS. THE AUTHORITY SHALL MAKE SUCH  TRAIN-
 ING  AND RESOURCES AVAILABLE ONLINE AND SHALL AFFORD MINORITY AND WOMEN-
 OWNED BUSINESS ENTERPRISES AND SERVICE-DISABLED  VETERAN-OWNED  BUSINESS
 ENTERPRISES AN OPPORTUNITY TO SUBMIT COMMENTS ON SUCH TRAINING.
   § 3. Section 1003 of the public authorities law, as amended by chapter
 766 of the laws of 2005, is amended to read as follows:
   §  1003. Trustees. 1. The authority shall consist of [seven] SEVENTEEN
 trustees, five of whom shall serve respectively for terms of  one,  two,
 three, four and five years, to be appointed by the governor, by and with
 the  advice  and  consent  of the senate. The sixth and seventh trustees
 shall be appointed by the governor, by and with the advice  and  consent
 of  the  senate,  and  shall  serve  initial  terms of one and two years
 respectively.  ALL OTHER TRUSTEES SHALL BE APPOINTED AS FOLLOWS: TWO  BY
 THE GOVERNOR, FOUR BY THE TEMPORARY PRESIDENT OF THE SENATE, AND FOUR BY
 THE  SPEAKER  OF THE ASSEMBLY, AND SHALL PROPORTIONALLY BE SELECTED FROM
 LABOR UNION REPRESENTATIVES THAT REPRESENT BOTH EMPLOYEES OF THE AUTHOR-
 ITY AND EMPLOYEES OF CONSTRUCTION CONTRACTORS OF THE AUTHORITY, ENVIRON-
 MENTAL JUSTICE ADVOCATES, COMMUNITY RENEWABLE ENERGY ADVOCATES, CONSUMER
 ADVOCATES, AND BUILDING ELECTRIFICATION AND ENERGY  EFFICIENCY  EXPERTS.
 FOR  ANY  APPOINTMENT  AND  VACANT  TRUSTEE POSITION, THE NEW YORK STATE
 ENERGY RESEARCH AND DEVELOPMENT  AUTHORITY'S  CLEAN  ENERGY  HUBS  SHALL
 SELECT QUALIFIED CANDIDATES THAT SHALL BE GIVEN REASONABLE CONSIDERATION
 A. 1466--D                          9

 FOR  AN  APPOINTMENT  AS  TRUSTEE BY THE GOVERNOR, SENATE, AND ASSEMBLY.
 Each trustee shall hold office until a successor has been appointed  and
 qualified  OR UNTIL REMOVED BY A MAJORITY VOTE OF THE LEGISLATURE OR THE
 GOVERNOR.    At  the  expiration of the term of each trustee and of each
 succeeding trustee [the governor shall,  by  and  with  the  advice  and
 consent  of the senate, appoint a successor, who shall hold office for a
 term of five years, or until a successor has been appointed  and  quali-
 fied.  In  the event of a vacancy occurring in the office of the trustee
 by death, resignation or otherwise, the governor shall, by and with  the
 advice  and  consent  of the senate, appoint a successor, who shall hold
 office for the unexpired term. Four trustees shall constitute  a  quorum
 for  the purpose of organizing the authority and conducting the business
 thereof.], OR THE EVENT OF A VACANCY OCCURRING  IN  THE  OFFICE  OF  THE
 TRUSTEE  BY  DEATH,  RESIGNATION OR OTHERWISE, THE ORIGINAL ENTITIES WHO
 APPOINTED THAT TRUSTEE SHALL APPOINT A SUCCESSOR, AFTER CONSIDERATION OF
 CLEAN ENERGY HUB CANDIDATES, WHO SHALL HOLD  OFFICE  FOR  THE  UNEXPIRED
 TERM.  NINE TRUSTEES SHALL CONSTITUTE A QUORUM FOR THE PURPOSE OF ORGAN-
 IZING THE AUTHORITY AND CONDUCTING THE BUSINESS THEREOF.  ANY  AUTHORITY
 TRUSTEE  OR  BOARD MEMBER MAY BE TERMINATED BY EITHER A MAJORITY VOTE OF
 THE SENATE OR ASSEMBLY, OR BY THE GOVERNOR. REASONS FOR TERMINATION  MAY
 INCLUDE,  BUT  ARE  NOT LIMITED TO: FAILURE TO MEET THE RENEWABLE ENERGY
 TARGETS OUTLINED IN THIS BILL; CONFLICTS OF INTEREST; FAILURE TO  PRIOR-
 ITIZE CLIMATE JUSTICE, ENVIRONMENTAL JUSTICE, OR ECONOMIC JUSTICE IN THE
 AUTHORITY'S OPERATIONS; SEXUAL ASSAULT OR HARASSMENT; OR CORRUPTION.
   2.  The trustee chosen as chairman as provided in section one thousand
 four of this title, shall receive an annual salary which shall be set by
 the trustees of the authority, and which shall  not  exceed  the  salary
 prescribed  for the positions listed in paragraph (f) of subdivision one
 of section one hundred sixty-nine of  the  executive  law.  [Each  other
 trustee  shall not receive a salary or other compensation.] Each trustee
 shall receive his or her reasonable expenses in the performance  of  his
 or  her  duties  hereunder.  The trustee chosen as chairman may elect to
 become a member of the New York state and  local  employees'  retirement
 system  on  the  basis  of such compensation to which he or she shall be
 entitled as herein provided notwithstanding the provisions of any gener-
 al, special or local law, municipal charter, or ordinance.
   § 4. Nothing in this act shall impact the power authority of the state
 of New York's existing recharge New York power program, existing  hydro-
 power  allocations  to  any  municipal  and cooperative electric utility
 customers, or any other power allocation program managed by such author-
 ity.
   § 5. Nothing in this act is intended to limit, impair, or  affect  the
 legal  authority  of  the power authority of the state of New York under
 any other provision of title 1 of article 5 of  the  public  authorities
 law.
   §  6.  No section of this act or any action required to be taken under
 this act shall be delayed or made contingent upon the completion of  the
 plan  required  by subdivision 33 of section 1005 of the public authori-
 ties law, as added by section two of this act.
   § 7. Severability clause.  If any clause, sentence, paragraph,  subdi-
 vision,  or section of this act shall be adjudged by any court of compe-
 tent jurisdiction to be invalid, such judgment shall not affect, impair,
 or invalidate the remainder thereof, but shall be confined in its opera-
 tion to the clause, sentence, paragraph, subdivision, or section thereof
 directly involved in the controversy in which such judgment  shall  have
 been rendered. It is hereby declared to be the intent of the legislature
 A. 1466--D                         10

 that  this  act  would have been enacted even if such invalid provisions
 had not been included herein.
   § 8. This act shall take effect immediately.