S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4264--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced  by Sens. PARKER, BIAGGI, BRISPORT, COMRIE, HINCHEY, JACKSON,
   MAY, RAMOS, REICHLIN-MELNICK, SANDERS -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Environmental
   Conservation -- committee discharged, bill amended, ordered  reprinted
   as amended and recommitted to said committee

 AN  ACT  to amend the environmental conservation law, the executive law,
   the labor law, the public authorities law and the tax law, in relation
   to enacting the climate and community investment 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 "climate and community investment act".
   § 2. Legislative findings and declaration.  The legislature finds  and
 declares that:
   1.  Climate  change is adversely affecting economic well-being, public
 health, natural resources, and the environment of New York. The  adverse
 impacts of climate change include:
   (a)  an  increase  in  the  severity  and frequency of extreme weather
 events, such as storms, flooding, and heat waves, which can cause direct
 injury or death, property damage, and ecological damage  (e.g.,  through
 the release of hazardous substances into the environment);
   (b)  rising  sea levels, which exacerbate damage from storm surges and
 flooding, contribute to coastal erosion  and  saltwater  intrusion,  and
 inundate  low-lying  areas,  leading to the displacement of or damage to
 coastal habitat, property, and infrastructure;
   (c) exacerbation of air pollution;
   (d) an increase in  the  incidences  of  infectious  diseases,  asthma
 attacks, heart attacks, and other negative health outcomes;
   (e)  increased average temperatures, which increase the demand for air
 conditioning and refrigeration among residents and businesses; and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01702-02-1
              

 S. 4264--A                          2
 
   (f) extensive environmental degradation with  devastating  impacts  to
 wildlife and natural habitats, ecosystems and food supplies.
   2. Many of the impacts of climate change are already observable in New
 York  state  and  the northeastern United States. Annual average temper-
 atures are on the rise, winter snow cover is decreasing, heat waves  and
 precipitation  are  intensifying, and sea levels along New York's coast-
 line are approximately one foot higher than they were in 1900. New  York
 has also experienced an increasing number of extreme and unusual weather
 events,  like  Hurricanes Irene and Lee and the unprecedented Superstorm
 Sandy in 2012, which caused at least 53 deaths and $32 billion in damage
 in New York state.
   3. New York  should  therefore  minimize  the  risks  associated  with
 climate  change  through  a  combination of measures to reduce statewide
 greenhouse gas emissions and improve the resiliency of  the  state  with
 respect  to  the  impacts  and  risks  of  climate change that cannot be
 avoided.
   4. Climate change especially heightens the vulnerability of  disadvan-
 taged  communities, including communities of color and low-income commu-
 nities, which bear environmental and socioeconomic burdens  as  well  as
 legacies  of racial and ethnic discrimination. Disadvantaged communities
 are more likely to experience flooding and urban  heat  island  effects,
 and  to  live in housing vulnerable to destruction from storms.  Low-in-
 come New Yorkers lack  emergency  savings  to  keep  up  with  necessary
 expenses following the disruption from a major storm or climate event.
   5. Actions taken by New York state to reduce greenhouse gas emissions,
 and  those taken to increase the resiliency of the state with respect to
 the impacts and risks of climate change, should prioritize  the  safety,
 health,  and  resiliency of disadvantaged communities, control potential
 regressive impacts of future climate change  mitigation  and  adaptation
 policies  on  these communities, and prioritize the allocation of public
 investments in these areas.
   6. Disadvantaged communities in  New  York  state  experience  greater
 exposure  to  air  pollution  and subsequent negative health impacts, in
 large part  due  to  legacies  of  racial,  ethnic,  and  socio-economic
 discrimination. New York's communities of color are more likely to:
   (a)  live near sites of high pollution, including power plants, highly
 trafficked  automotive  routes,  waste  transfer  stations,   landfills,
 hazardous waste sites and toxic industrial facilities;
   (b) breathe in a greater volume of pollution, including both ozone and
 particulate matter;
   (c)  experience asthma and other pollution-related illnesses including
 increased hospitalization rates for childhood asthma;
   (d) have higher rates of cancer due to  disproportionate  exposure  to
 air  pollution,  including  lung  cancer  and other pollution-affiliated
 cancers; and
   (e) experience other negative health impacts, including but not limit-
 ed to reduced fertility rates, adverse pregnancy outcomes and  increased
 vulnerability  to  the  consequences of co-morbidities like diabetes and
 high blood pressure.
   7. In the spring of 2020, New York experienced the devastating impacts
 of the Covid-19 pandemic. Tens of thousands of  New  Yorkers  died,  and
 many  hundreds  of  thousands  more  became  ill. Air pollution played a
 significant role in this pandemic, as residents of communities of  color
 who  live in highly polluted areas died disproportionately from Covid-19
 when compared to patients from less polluted  neighborhoods.  Throughout
 the  pandemic,  New  Yorkers  of  color  continue  to disproportionately

 S. 4264--A                          3
 
 contract, fall ill, and die from Covid-19, in part because of dispropor-
 tionate exposure to toxic air pollution.
   8.  The  Covid-19  pandemic has also caused a national economic crisis
 which has also severely impacted New York State. Many New  Yorkers  lost
 their  jobs during the Covid-19 pandemic, with unemployment rates reach-
 ing levels not seen since the  Great  Depression.  Such  mass  job  loss
 increased precarity for thousands of New Yorkers and left many less able
 to weather current or future emergencies. Child and dependent care shor-
 tages  are  and continue to be a barrier to work in New York, especially
 for women, who disproportionately take on unpaid caregiving responsibil-
 ities when their family cannot find or afford child and dependent  care.
 Low  and middle-income families and families of color disproportionately
 lack access to quality child and dependent care.
   9. New York state has an  interest  in  reducing  air  pollution  that
 increases risk for Covid-19 and ensuring that all populations are equal-
 ly able to breathe clean air and live healthful lives. Actions undertak-
 en  by New York to reduce air pollution should prioritize the health and
 safety of disadvantaged communities, prioritize the allocation of public
 investments in these areas, and control potential regressive impacts  of
 climate policies on these communities. Further, it is in the interest of
 the state to invest in creating stable and safe employment opportunities
 for  individuals  who  have  lost  their  jobs  as  part of the Covid-19
 recession. This includes protecting and promoting the  ability  for  all
 workers  to  equitably  participate in a just clean energy transition by
 increasing equitable and comprehensive access  to  child  and  dependent
 care.
   10.  Racial  justice and environmental justice are inextricably linked
 to achieving a just clean energy transition in New York. The  murder  of
 George  Floyd  on  May  25, 2020 was followed by mass protests for Black
 lives in New York state and throughout the nation. These movements  have
 forced  a  national  reckoning  with  the fact that racial injustice has
 resulted in over-policing  and  mass  incarceration  of  communities  of
 color.    It  is  in the interest of the state of New York that no funds
 from programs for pricing  greenhouse  gas  emissions  are  invested  in
 police, prisons or related infrastructure.
   11.  The  adverse  impacts  of climate change are having a detrimental
 effect on some of New York's largest industries, including  agriculture,
 commercial  shipping, forestry, tourism, and recreational and commercial
 fishing. These impacts also place  additional  strain  on  the  physical
 infrastructure  that  delivers  critical services to the citizens of New
 York, including the  state's  energy,  transportation,  stormwater,  and
 wastewater infrastructure.
   12. Creating good jobs and a thriving economy is a core concern of New
 York  state.  Shaping  the  ongoing  transition  in our energy sector to
 ensure that it creates good jobs and protects  workers  and  communities
 that  may lose employment in the current transition must be key concerns
 of our climate policy. Setting  clear  standards  for  job  quality  and
 training  standards  encourages  not only high-quality work but positive
 economic impacts.
   13. Ensuring career opportunities are  created  and  shared  geograph-
 ically  and  demographically  is necessary to ensure increased access to
 good jobs for marginalized communities while making the  same  neighbor-
 hoods  more  resilient.  Climate change has a disproportionate impact on
 low-income people, communities of  color,  women,  youth,  children  and
 workers.  This includes formerly incarcerated individuals. Disadvantaged
 communities  and  workers must have access to all aspects of the state's

 S. 4264--A                          4
 
 clean energy economy, including as investors  and  developers  of  clean
 energy  projects.    It  is  in the interest of the state of New York to
 protect and promote the interests of these groups against the impacts of
 climate change and severe weather events and to advance our equity goals
 by  ensuring  quality  employment opportunities in safe working environ-
 ments.
   14. Addressing climate change challenges  through  the  expansion  and
 growth  of  clean and renewable energy sources requires New York to make
 substantial proprietary and financial investments in this sector and  to
 become  an  investor  and partner in the development of renewable energy
 programs and projects. New York has long provided forms of state assist-
 ance, including grants, energy credits, or tax incentives to developers,
 project owners and other entities proposing clean and  renewable  energy
 projects.  Key  findings  relating  to state assistance in the clean and
 renewable energy sector are as follows:
   (a) providing forms of state assistance in renewable  energy  projects
 results  in  New  York becoming a co-investor in this sector with strong
 financial, proprietary interests  in  the  projects  it  supports.  Such
 assistance  is  essential  since  the  expansion and development of this
 market, would not occur at the scale and pace needed without substantial
 financial investment  by  the  state.  New  York  has  already  invested
 billions  of dollars in promoting its renewable energy programs and will
 continue to invest substantial sums  over  the  next  several  years  to
 assist  the  growth  and development of the sector. Such investments are
 critical not only for the development  of  individual  renewable  energy
 projects,  but  also to ensure that projects are effectively planned and
 executed and produce adequate amounts of clean energy needed to meet the
 state's future needs for safe, affordable reliable power;
   (b) it is vital that the state's investments in  clean  and  renewable
 energy  be  protected and monitored through all stages of development to
 make certain that they are effective in producing the intended  results.
 The  need  for  this  protection  has  grown greater due to the enormous
 economic burden imposed on the state by the Covid-19 pandemic;
   (c) one of the  areas  in  need  of  most  protection  is  the  actual
 construction  and  operation  of  renewable  energy projects, especially
 large-scale projects. Because the construction  industry  is  inherently
 complex  and  challenging,  the  delivery  of projects, especially large
 capital construction projects, is fraught with numerous high-level risks
 that stem from various sources. These include but  are  not  limited  to
 project  funding, financial resources and stability of project partners,
 project designs and specifications. Risks also include site  conditions,
 equipment  and  material supply chains, and the experience, capacity and
 technical qualifications of  developers,  contractors  and  craft  labor
 personnel used for a given project;
   (d)  ensuring  the sufficient supply of properly trained and qualified
 craft labor personnel is vital to the protection of state interests  and
 investments  in  the  renewable  energy sector. Large-scale construction
 projects are both labor intensive and inherently  dangerous  operations.
 The  timely,  successful  delivery  of these projects is critical to the
 delivery of safe and reliable power to consumers.  Thus,  the  safe  and
 successful  completion  of  these projects necessitates a highly skilled
 workforce. It is critical that the state support the development of this
 workforce, as the construction industry generally  is  facing  the  most
 acute,  widespread  skill  shortage  in  craft labor personnel in modern
 times. This shortage  can  cause  various  types  of  project  failures,

 S. 4264--A                          5
 
 including  major  schedule delays, cost-overruns, increased safety inci-
 dents, or other serious problems;
   (e)  while  many  aspects  of  construction project planning cannot be
 controlled, ensuring the  adequate  supply  of  properly  trained  craft
 personnel  can  be effectively managed through the use of labor perform-
 ance tools  and  policies.  Key  labor  performance  provisions  include
 prevailing  wage  requirements, project labor agreements and responsible
 contractor provisions. These policies, in use in New York and throughout
 the country, are shown to be effective at protecting capital investments
 and the proprietary interests of investors. These tools also help ensure
 that adequate  numbers  of  skilled  craft  personnel  are  deployed  to
 projects  in a timely manner and that the most highly qualified contrac-
 tors will be attracted to such projects. These tools  also  protect  the
 wage rates of local communities, promote adherence to required licensing
 and  technical  certifications,  and maintain labor peace on projects to
 avoid disruptions and protect project delivery;
   (f)  project  labor  agreements  promote  the  planning   and   timely
 completion  of  construction projects, especially larger scale projects,
 by  establishing  pre-determined  and  uniform  employment  terms.  This
 ensures  an adequate supply of properly trained craft personnel, creates
 stability for project planning and prevents labor disruptions. Responsi-
 ble contractor policies help ensure that contractors and  subcontractors
 used  for  projects  are reputable, qualified firms that have sufficient
 resources and capabilities needed  to  perform  the  work  successfully.
 Prevailing  wage  requirements  protect local area wage rates from being
 undermined; and
   (g) project labor agreements, responsible contracting  and  prevailing
 wage  requirements  also  produce  valuable  socio-economic  benefits by
 creating quality middle class jobs and skill training  opportunities  in
 New  York's construction industry. Utilizing these policies will develop
 a new generation of craft labor personnel, create jobs in the state  and
 foster economic development in communities where projects are located.
   15.  It  is  in  the  interest of the state to strengthen, monitor and
 enforce prevailing  wages,  project  labor  agreements  and  responsible
 contracting. While prevailing wage requirements are already required for
 some  renewable  energy projects, these requirements should be strength-
 ened and used in coordination with the additional labor and  performance
 standards established in this act.
   16.  The  severity  of  current climate change and the threat of addi-
 tional and more severe change will be affected by the actions undertaken
 by New York and other jurisdictions to reduce greenhouse gas  emissions.
 According  to  the U.S. Global Change Research Program and the Intergov-
 ernmental Panel on Climate Change substantial reductions  in  greenhouse
 gas  emissions  will be required by mid-century in order to limit global
 warming to no more than 2°C and ideally 1.5°C,  and  thus  minimize  the
 risk of severe impacts from climate change. Specifically, industrialized
 countries  must  reduce  their  greenhouse  gas emissions by at least 80
 percent below 1990 levels by 2050 in order to stabilize  carbon  dioxide
 equivalent  concentrations  at 450 parts per million--the level required
 to stay within the 2°C target.
   17. In 2019, New York state demonstrated  national  and  international
 leadership  on  climate by enacting the Climate Leadership and Community
 Protection Act ("CLCPA"), the nation's most aggressive climate  law  and
 the  nation's  only climate law that provides for a just transition. The
 CLCPA created a comprehensive regulatory program  to  reduce  greenhouse
 gas  emissions  from  all anthropogenic sources 100% over 1990 levels by

 S. 4264--A                          6
 
 the year 2050, with an incremental target  of  at  least  a  40  percent
 reduction in climate pollution by the year 2030, and requires investment
 in and protection of disadvantaged communities. To meet the goals of the
 CLCPA,  the  state  will  need  to  transform its energy infrastructure,
 including the rapid and significant deployment of  clean  and  renewable
 energy.  It  is  in  the  interest  of  the state to promote and provide
 resources towards  the  development  and  maintenance  of  clean  energy
 infrastructure.
   18.  By  exercising  a  global leadership role on greenhouse gas miti-
 gation and climate change adaptation, New York will continue to position
 its economy, technology centers, financial institutions, and  businesses
 to  benefit  from  national and international efforts to address climate
 change. Action undertaken by New York  to  reduce  greenhouse  emissions
 will  have  an impact on global greenhouse gas emissions and the rate of
 climate change. In addition, such action will encourage other  jurisdic-
 tions to implement complementary greenhouse gas reduction strategies and
 provide  an  example  of how such strategies can be implemented. It will
 also advance the development of green technologies and sustainable prac-
 tices within the private sector, which  can  have  far-reaching  impacts
 such  as a reduction in the cost of renewable energy components, and the
 creation of jobs and tax revenues in New York.
   19. It is in the interest of New York to take rapid action  to  reduce
 greenhouse  gas emissions and transition to a just clean energy economy.
 Such actions include:
   (a) raising new, dedicated revenue specifically for climate programs;
   (b) investing in clean and renewable  energy  infrastructure  such  as
 solar  energy, offshore wind, grid storage technologies and energy effi-
 ciency;
   (c) rapidly transitioning to zero-emission transportation,  especially
 zero-emission school and transit buses, to reduce adverse health impacts
 for  children, workers, and communities, and improve grid resilience and
 renewable energy reliance;
   (d) prioritizing funding for locally driven projects to  reduce  emis-
 sions  and  increase resiliency, especially in disadvantaged communities
 that are most impacted by climate change and air pollution;
   (e) creating quality employment opportunities for all New  Yorkers  in
 the  transition  to  a  just clean economy and ensuring the full partic-
 ipation and prioritization of disadvantaged communities; and
   (f) ensuring workers and communities currently reliant on  the  fossil
 fuel industry are given resources to avoid adverse economic impacts.
   20.  There  is  currently  no state entity that is wholly dedicated to
 achieving the outcomes of the CLCPA. Without adequately  devoting  state
 resources  and personnel, the outlined emissions reductions and electri-
 fication goals will not be realized in the target timeframe.    Pursuant
 to  the  CLCPA, the state has less than 30 years to fully transition the
 10th largest economy in the world to one that is fossil fuel  free,  and
 intentionally prioritize overburdened populations.  Reaching these goals
 will improve the health and well-being of the residents of the state and
 advance  the  state's  economic interests. It is also critical that best
 value procurement requirements are established within the  authority  to
 optimize  the  solicitation,  evaluation  and  award of renewable energy
 projects assisted by the state.
   21. It is in the interest  of  the  state  to  establish  a  dedicated
 authority to ensure that New York's climate goals are accomplished. Such
 an authority would be able to nimbly manage the proceeds from a polluter
 fee which will amass significant revenue and require ongoing management.

 S. 4264--A                          7
 
 This  authority  would  also  disburse  funds for clean energy community
 scale projects in a timely and efficient  manner  while  employing  best
 value procurement practices. In addition, a new authority would have the
 capacity  to  ensure  prioritization  of projects and funds for impacted
 communities, coordinate statewide  emissions  reduction  strategies  and
 assist  impacted  workers in a transition away from fossil fuels through
 specialized assistance programs.
   22. This legislation will build upon the developments  outlined  above
 by creating a comprehensive program for pricing greenhouse gas emissions
 and investing in a just transition to a low-carbon New York state econo-
 my, in accordance with the targets established in the CLCPA.
   §  3.  Article  19 of the environmental conservation law is amended by
 adding a new title 13 to read as follows:
                                 TITLE 13
                 VALUE OF POLLUTION AND MITIGATION PROGRAM
 SECTION 19-1301. DEFINITIONS.
         19-1303. METHODOLOGY AND VALUATION OF POLLUTION PRICE INDEX.
         19-1305. IMPLEMENTATION OF FEES.
         19-1307. ALLOCATION OF REVENUES.
         19-1309. INVENTORY.
         19-1311. TRANSPORTATION POLLUTION.
         19-1313. REPORTING.
 § 19-1301. DEFINITIONS.
   FOR THE PURPOSES OF THIS TITLE, THE FOLLOWING  TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   1.  "THE  ACT"  SHALL HAVE THE SAME MEANING AS IN SUBDIVISION EIGHT OF
 SECTION 19-0107 OF THIS ARTICLE.
   2.  "THE AUTHORITY" MEANS THE CLIMATE AND COMMUNITY INVESTMENT AUTHOR-
 ITY CREATED UNDER THE PUBLIC AUTHORITIES LAW.
   3. "COMPTROLLER" MEANS THE NEW YORK STATE COMPTROLLER.
   4. "COVERED SOURCES" MEANS THOSE SOURCES OF REGULATED AIR CONTAMINANTS
 REQUIRED TO HAVE A PERMIT UNDER TITLE V OF THE ACT  (42  U.S.C.  SECTION
 7661 ET SEQ).
   5. "CUMULATIVE BURDENS" MEAN THE ADVERSE HEALTH IMPACTS THAT ACCRUE TO
 INDIVIDUALS  AND  POPULATION GROUPS AS A RESULT OF EXPOSURE TO POLLUTION
 OVER TIME, AND AS A RESULT OF EXPOSURE TO MULTIPLE  FORMS  OF  POLLUTION
 AND  OTHER  RISK  FACTORS,  INCLUDING  POVERTY,  VIOLENCE, AND SUBSTANCE
 ABUSE.
   6. "DISADVANTAGED COMMUNITIES" SHALL  HAVE  THE  SAME  MEANING  AS  IN
 SUBDIVISION FIVE OF SECTION 75-0101 OF THIS CHAPTER.
   7.  "DOWNSTATE  REGION" MEANS THE COUNTIES OF RICHMOND, KINGS, QUEENS,
 NEW YORK, BRONX, WESTCHESTER, NASSAU AND SUFFOLK.
   8. "EMISSIONS HOTSPOT" MEANS A LOCATION WHERE EMISSIONS  OF  REGULATED
 AIR  CONTAMINANTS FROM SPECIFIC SOURCES MAY EXPOSE INDIVIDUALS AND POPU-
 LATION GROUPS TO ELEVATED  RISKS  OF  ADVERSE  HEALTH  EFFECTS  AND  MAY
 CONTRIBUTE TO THE CUMULATIVE HEALTH RISKS OF EMISSIONS FROM OTHER SOURC-
 ES IN THE AREA.
   9.  "EMISSIONS  LEAKAGE" MEANS AN INCREASE IN EMISSIONS OUTSIDE OF THE
 STATE, AS A RESULT OF, OR IN CORRELATION  WITH,  THE  IMPLEMENTATION  OF
 MEASURES WITHIN THE STATE TO LIMIT SUCH EMISSIONS.
   10.  "GREENHOUSE  GAS"  MEANS  CARBON DIOXIDE, METHANE, NITROUS OXIDE,
 HYDROFLUOROCARBONS, PERFLUOROCARBONS, SULFUR HEXAFLUORIDE, AND ANY OTHER
 SUBSTANCE EMITTED INTO THE AIR THAT MAY  BE  REASONABLY  ANTICIPATED  TO
 CAUSE  OR CONTRIBUTE TO ANTHROPOGENIC CLIMATE CHANGE, WITH THE EXCEPTION
 OF AGRICULTURAL EMISSIONS FROM LIVESTOCK.

 S. 4264--A                          8
 
   11. "REGULATED AIR CONTAMINANT" SHALL HAVE  THE  SAME  MEANING  AS  IN
 SUBDIVISION TWENTY-TWO OF SECTION 19-0107 OF THIS ARTICLE.
   12.  "PRESIDENT"  MEANS  THE  PRESIDENT  OF  THE CLIMATE AND COMMUNITY
 INVESTMENT AUTHORITY.
   13. "SOCIAL COST OF POLLUTION" MEANS THE COST TO NEW YORK RESIDENTS OF
 EMITTING ONE TON, OR ANOTHER UNIT OF MEASUREMENT DEEMED  APPROPRIATE  BY
 THE AUTHORITY, OF A GIVEN REGULATED AIR CONTAMINANT.
   14.  "UPSTATE  REGION"  MEANS  ALL  NEW YORK STATE COUNTIES OTHER THAN
 NASSAU, SUFFOLK, RICHMOND, KINGS, QUEENS, NEW YORK, BRONX AND  WESTCHES-
 TER.
   15.  "WORKING  GROUP"  MEANS  THE CLIMATE JUSTICE WORKING GROUP ESTAB-
 LISHED UNDER SECTION 75-0111 OF THIS CHAPTER.
 § 19-1303. METHODOLOGY AND VALUATION OF POLLUTION PRICE INDEX.
   1. NOT LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS TITLE, THE
 AUTHORITY, IN COORDINATION WITH THE DEPARTMENT, SHALL PUBLISH  AN  INDEX
 THAT  LISTS  THE  SOCIAL COST OF POLLUTION FOR ALL REGULATED AIR CONTAM-
 INANTS, OR APPROPRIATE SUB-GROUPING  THEREOF.  AT  THE  SAME  TIME,  THE
 AUTHORITY SHALL PUBLISH A METHODOLOGY FOR DETERMINING THE SOCIAL COST OF
 POLLUTION  FOR EACH REGULATED AIR CONTAMINANT, OR APPROPRIATE SUB-GROUP-
 ING THEREOF. IN DETERMINING THE SOCIAL COST OF  POLLUTION  FOR  A  GIVEN
 REGULATED AIR CONTAMINANT, THE AUTHORITY SHALL CONSIDER, AT A MINIMUM:
   (A)  PUBLIC  HEALTH  IMPACTS,  INCLUDING BUT NOT LIMITED TO:   LOSS OF
 LIFE, LOSS OF WELFARE, AND EMPLOYMENT IMPACTS;
   (B) IMPACTS TO PUBLIC AND  PRIVATE  PROPERTY,  INCLUDING  AGRICULTURAL
 PROPERTY;
   (C)  IMPACTS  TO  ECOSYSTEMS  AND THE ABILITY OF ECOSYSTEMS TO PROVIDE
 ECOSYSTEM SERVICES; AND
   (D) THE FULL LIFE-CYCLE OF IMPACTS.
   2. IF THE AUTHORITY, IN COORDINATION WITH THE DEPARTMENT, DEMONSTRATES
 THAT IT IS NOT ADMINISTRATIVELY FEASIBLE IN THE TIME ALLOTTED IN  SUBDI-
 VISION ONE OF THIS SECTION TO COMPLETE A METHODOLOGY FOR EACH INDIVIDUAL
 REGULATED AIR CONTAMINANT, OR APPROPRIATE SUB-GROUPING THEREOF, THEN THE
 AUTHORITY  MAY DELAY THE COMPLETION OF METHODOLOGIES FOR SOME PORTION OF
 REGULATED AIR CONTAMINANTS FOR FUTURE RULE-MAKINGS, PROVIDED THAT:
   (A) IN THE FIRST PUBLICATION  OF  SUCH  METHODOLOGIES,  THE  AUTHORITY
 COMPLETES  A  METHODOLOGY,  PURSUANT TO SUBDIVISION ONE OF THIS SECTION,
 FOR EACH OF THE FOLLOWING POLLUTANTS:
   (I) OXIDES OF NITROGEN;
   (II) VOLATILE ORGANIC COMPOUNDS;
   (III) SULFUR DIOXIDE;
   (IV) PARTICULATE MATTER;
   (V) CARBON MONOXIDE; AND
   (VI) LEAD;
   (B) IN THE FIRST PUBLICATION  OF  SUCH  METHODOLOGIES,  THE  AUTHORITY
 COMPLETES  A  METHODOLOGY,  PURSUANT TO SUBDIVISION ONE OF THIS SECTION,
 FOR EACH OF THE AIR CONTAMINANTS LISTED UNDER SECTION 112 OF THE ACT (42
 USC SECTION 7412) THAT THE AUTHORITY FINDS TO BE MOST DAMAGING TO PUBLIC
 HEALTH IN NEW YORK, OF ALL AIR CONTAMINANTS LISTED UNDER SUCH SECTION;
   (C) THE AUTHORITY DEMONSTRATES AND PUBLISHES, ALONG WITH THE  PUBLICA-
 TION OF METHODOLOGIES DESCRIBED UNDER SUBDIVISION ONE OF THIS SECTION, A
 DESCRIPTION  OF  WHY  IT  IS  NOT  ADMINISTRATIVELY FEASIBLE IN THE TIME
 ALLOTTED IN SUBDIVISION ONE OF THIS SECTION TO COMPLETE  A  METHODOLOGY,
 FOR EACH INDIVIDUAL REGULATED AIR CONTAMINANT, OR APPROPRIATE SUB-GROUP-
 ING THEREOF; AND
   (D)  THE  AUTHORITY  SUBSEQUENTLY  PUBLISHES  AT LEAST FIVE ADDITIONAL
 METHODOLOGIES PER YEAR, UNTIL THAT DATE WHEN EACH REGULATED AIR  CONTAM-

 S. 4264--A                          9
 
 INANT,  OR  APPROPRIATE SUB-GROUPING THEREOF, HAS A COMPLETE METHODOLOGY
 ASCRIBED TO IT.
 § 19-1305. IMPLEMENTATION OF FEES.
   1.  NOT  LATER  THAN TWO YEARS AFTER THE EFFECTIVE DATE OF THIS TITLE,
 THE AUTHORITY SHALL INSTITUTE A SYSTEM OF COMPLIANCE FEES  THAT  REFLECT
 THE  INDEX ESTABLISHED UNDER SECTION 19-1303 OF THIS TITLE.  ALL COVERED
 SOURCES SHALL BE REQUIRED TO PAY THE FEE FOR EACH REGULATED AIR  CONTAM-
 INANT EMITTED.
   2.  NOTWITHSTANDING  ANY INCONSISTENT PROVISIONS OF THE STATE ADMINIS-
 TRATIVE PROCEDURE ACT, SUCH FEE SHALL BE ESTABLISHED AS A RULE BY PUBLI-
 CATION IN THE ENVIRONMENTAL NOTICE BULLETIN NO LATER  THAN  THIRTY  DAYS
 AFTER  THE BUDGET BILLS MAKING APPROPRIATIONS FOR THE SUPPORT OF GOVERN-
 MENT ARE ENACTED OR JULY FIRST, WHICHEVER IS LATER, OF THE YEAR SUCH FEE
 WILL BE EFFECTIVE.
   3. BILLS ISSUED FOR THE FEE SHALL BE BASED ON ACTUAL EMISSIONS FOR THE
 PRIOR CALENDAR YEAR, AS DEMONSTRATED TO THE AUTHORITY'S SATISFACTION, OR
 IN THE ABSENCE OF SUCH DEMONSTRATION, ON PERMITTED EMISSIONS, OR,  WHERE
 THERE IS NO APPLICABLE PERMIT, ON POTENTIAL TO EMIT. PERSONS REQUIRED TO
 SUBMIT  AN EMISSIONS STATEMENT TO THE AUTHORITY SHALL USE SUCH STATEMENT
 TO DEMONSTRATE ACTUAL EMISSIONS UNDER THIS SECTION.
   4. ANY PERSON REQUIRED TO PAY FEES IMPOSED PURSUANT  TO  THIS  SECTION
 MAY  ELECT  TO  BASE  SUCH  FEES ON THE LEVEL OF PERMITTED EMISSIONS SET
 FORTH IN A PERMIT, CERTIFICATE OR APPROVAL ISSUED  PURSUANT  TO  SECTION
 19-0311 OF THIS ARTICLE.
   5.  IF  A  CITY OR COUNTY IS DELEGATED THE AUTHORITY TO ADMINISTER THE
 OPERATING PERMIT PROGRAM ESTABLISHED PURSUANT TO SECTION 19-0311 OF THIS
 ARTICLE, IT MAY COLLECT THE FEES ESTABLISHED PURSUANT  TO  THIS  SECTION
 AND NO ADDITIONAL LIABILITY FOR FEES UNDER THIS SECTION SHALL ACCRUE FOR
 ANY SUCH SOURCE.
 § 19-1307. ALLOCATION OF REVENUES.
   1.  THE  COMPTROLLER  AND AUTHORITY SHALL ESTABLISH A TRUST FUND TO BE
 KNOWN AS THE "VALUE OF POLLUTION AND MITIGATION PROGRAM FUND",  CONSIST-
 ING  OF  SUCH AMOUNTS AS MAY BE APPROPRIATED OR CREDITED TO SUCH FUND AS
 PROVIDED IN THIS SECTION.
   2.  (A) FUNDS RECEIVED UNDER THIS TITLE SHALL BE ALLOCATED  ACCORDING-
 LY:
   (I)  FORTY  PERCENT  OF  FUNDS  SHALL  GO TO THE ENVIRONMENTAL JUSTICE
 OFFICE OF THE AUTHORITY;
   (II) TWENTY PERCENT OF FUNDS SHALL  GO  TO  EXPANDING,  OPERATING  AND
 MAINTAINING  THE  NEW  YORK STATE TITLE V EMISSIONS INVENTORY WITHIN THE
 DEPARTMENT;
   (III) TWENTY PERCENT OF FUNDS SHALL GO  TO  EXPANDING,  OPERATING  AND
 MAINTAINING  AIR QUALITY MONITORING, INCLUDING AMBIENT AIR QUALITY MONI-
 TORING AND POINT SOURCE MONITORING WITHIN THE DEPARTMENT; AND
   (IV) TWENTY PERCENT OF FUNDS SHALL BE ALLOCATED AT THE  DISCRETION  OF
 THE AUTHORITY, BASED ON THE NEEDS OF THE AUTHORITY.
   NO FUNDS SHALL BE ALLOCATED TO FUND POLICE, PRISONS OR RELATED INFRAS-
 TRUCTURE.
   (B) THE VALUE OF POLLUTION AND MITIGATION PROGRAM FUND SHALL BE ADMIN-
 ISTERED BY THE AUTHORITY.
 § 19-1309. INVENTORY.
   NOT LATER THAN EIGHTEEN MONTHS AFTER THE EFFECTIVE DATE OF THIS TITLE,
 THE  AUTHORITY  SHALL UPDATE AND PUBLISH THE INVENTORY OF EMISSIONS FROM
 TITLE V SOURCES TO:

 S. 4264--A                         10
 
   1. ASSESS THE EXTENT TO WHICH GIVEN REGULATED AIR CONTAMINANTS,  ESPE-
 CIALLY  AIR  CONTAMINANTS  THAT  HAVE HIGHLY ADVERSE HEALTH IMPACTS, ARE
 CO-EMITTED WITH GREENHOUSE GAS EMISSIONS;
   2.  ASSESS  THE  EXTENT  TO WHICH REGULATED AIR CONTAMINANTS THAT HAVE
 ESPECIALLY ADVERSE HEALTH IMPACTS ARE LIKELY TO BE REDUCED OVER TIME  AS
 A RESULT OF:
   (A)  THE  FEE  ESTABLISHED  IN SECTION THREE THOUSAND FORTY OF THE TAX
 LAW; AND
   (B) THE INVESTMENT PROGRAMS ESTABLISHED IN  TITLE  NINE-C  OF  ARTICLE
 EIGHT OF THE PUBLIC AUTHORITIES LAW;
   3.  IDENTIFY  AND  ANALYZE  EMISSIONS HOTSPOTS AND CUMULATIVE BURDENS,
 PERTAINING TO REGULATED AIR CONTAMINANTS IN ORDER  TO  PRIORITIZE  EMIS-
 SIONS REDUCTIONS IN THESE AREAS;
   4.  ASSESS  EMISSIONS  AND POLLUTION-RELATED HEALTH IMPACTS ASSOCIATED
 WITH THE TRANSPORTATION SECTOR; AND
   5. MAKE THE TITLE V EMISSIONS INVENTORY MORE ACCESSIBLE TO THE  PUBLIC
 INCLUDING,  BUT  NOT  LIMITED  TO,  TAKING ACTION TO RELEASE THE RELATED
 DATA, ANALYSIS AND ASSUMPTIONS OF AGENCY WEBSITES.
 § 19-1311.  TRANSPORTATION POLLUTION.
   1. NOT LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS TITLE, THE
 COMMISSIONER, IN CONSULTATION WITH  THE  AUTHORITY,  SHALL  PREPARE  AND
 APPROVE  A  SCOPING  PLAN  OUTLINING THE AUTHORITY'S RECOMMENDATIONS FOR
 ACCELERATING THE REDUCTION OF REGULATED  AIR  CONTAMINANTS  FROM  MOBILE
 SOURCES.
   2.  THE DRAFT SCOPING PLAN SHALL BE DEVELOPED IN CONSULTATION WITH THE
 WORKING GROUP AND OTHER STAKEHOLDERS.
   (A) THE AUTHORITY SHALL PROVIDE MEANINGFUL  OPPORTUNITIES  FOR  PUBLIC
 COMMENT  FROM  ALL  PERSONS  WHO WILL BE IMPACTED BY THE PLAN, INCLUDING
 PERSONS LIVING IN DISADVANTAGED COMMUNITIES.
   (B) ON OR BEFORE ONE YEAR AFTER THE EFFECTIVE DATE OF THIS TITLE,  THE
 AUTHORITY  SHALL  SUBMIT  THE  FINAL  SCOPING  PLAN TO THE GOVERNOR, THE
 SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF  THE  SENATE  AND
 POST SUCH PLAN ON ITS WEBSITE.
   3. THE MEASURES AND ACTIONS CONSIDERED IN SUCH SCOPING PLAN SHALL AT A
 MINIMUM INCLUDE:
   (A)  PERFORMANCE-BASED  STANDARDS  FOR MOBILE SOURCES OF REGULATED AIR
 CONTAMINANTS;
   (B) MARKET-BASED MECHANISMS TO REDUCE EMISSIONS FROM  MOBILE  SOURCES,
 INCLUDING:
   (I) THE IMPOSITION OF FEES PER UNIT OF REGULATED AIR CONTAMINANT;
   (II) A ZONED SURCHARGE SYSTEM ON TRUCKING AND PORTS; AND
   (III) CONGESTION PRICING;
   (C)  THE  CREATION  OF  LOW EMISSION ZONES AND THE POLICIES TO PROMOTE
 ZERO-EMISSION AND LOW-EMISSION  TRANSPORTATION  OPTIONS,  INCLUDING  THE
 ELECTRIFICATION OF PORT FACILITIES AND FREIGHT TRANSPORTATION; AND
   (D)  LAND-USE  AND  TRANSPORTATION PLANNING MEASURES AIMED AT REDUCING
 EMISSIONS FROM MOBILE SOURCES.
   4. NO LATER THAN THREE YEARS AFTER THE EFFECTIVE DATE OF  THIS  TITLE,
 THE  AUTHORITY, AFTER PUBLIC WORKSHOPS AND CONSULTATION WITH THE WORKING
 GROUP, REPRESENTATIVES OF REGULATED ENTITIES,  AND  OTHER  STAKEHOLDERS,
 AND  NOT LESS THAN TWO PUBLIC HEARINGS, SHALL PROMULGATE RULES AND REGU-
 LATIONS TO ACCELERATE THE REDUCTION OF REGULATED AIR  CONTAMINANTS  FROM
 MOBILE SOURCES.
   (A)  THE  REGULATIONS  PROMULGATED  BY  THE AUTHORITY PURSUANT TO THIS
 SUBDIVISION MAY INCLUDE LEGALLY ENFORCEABLE EMISSIONS  LIMITS,  PERFORM-
 ANCE  STANDARDS,  MARKET-BASED  MECHANISMS OR MEASURES OR OTHER REQUIRE-

 S. 4264--A                         11
 
 MENTS TO CONTROL REGULATED AIR CONTAMINANT EMISSIONS FROM MOBILE  SOURC-
 ES.  THE  AUTHORITY  IS HEREBY AUTHORIZED TO ESTABLISH ANY SUCH POLICIES
 PURSUANT TO THIS SECTION.
   (B) IN PROMULGATING THESE REGULATIONS, THE AUTHORITY SHALL:
   (I)  DESIGN AND IMPLEMENT ALL REGULATIONS IN A MANNER THAT SEEKS TO BE
 EQUITABLE, TO MINIMIZE COSTS AND TO MAXIMIZE THE TOTAL BENEFITS  TO  THE
 STATE;
   (II) ENSURE THAT EMISSIONS REDUCTIONS ACHIEVED ARE REAL, QUANTIFIABLE,
 VERIFIABLE, AND ENFORCEABLE BY THE AUTHORITY;
   (III) ENSURE THAT ACTIVITIES UNDERTAKEN TO COMPLY WITH THE REGULATIONS
 DO NOT DISPROPORTIONATELY BURDEN DISADVANTAGED COMMUNITIES;
   (IV)  PRIORITIZE  MEASURES  TO MAXIMIZE NET REDUCTIONS OF EMISSIONS IN
 DISADVANTAGED COMMUNITIES;
   (V) PRIORITIZE MEASURES THAT ENCOURAGE EARLY ACTION  TO  REDUCE  EMIS-
 SIONS; AND
   (VI) MINIMIZE EMISSIONS LEAKAGE.
   5.  IF  ANY  OF  THE POLICIES IMPLEMENTED BY THE AUTHORITY PURSUANT TO
 THIS SECTION GENERATE STATE REVENUE, THE AUTHORITY SHALL ENSURE THAT, AT
 A MINIMUM, FORTY PERCENT OF ANY FUNDS COLLECTED ARE INVESTED IN A MANNER
 WHICH  WILL  BENEFIT  DISADVANTAGED  COMMUNITIES,  CONSISTENT  WITH  THE
 PURPOSES  OF  THIS  TITLE.  THE AUTHORITY SHALL CONSULT WITH THE WORKING
 GROUP IN DEVELOPING AND CARRYING OUT SUCH INVESTMENTS.
 § 19-1313. REPORTING.
   1. NOT LATER THAN THREE YEARS FOLLOWING THE  EFFECTIVE  DATE  OF  THIS
 TITLE,  AND  EVERY  TWO  YEARS THEREAFTER, THE AUTHORITY, IN PARTNERSHIP
 WITH THE WORKING GROUP, SHALL PRODUCE A REPORT ON THE IMPLEMENTATION  OF
 THE  POLICIES  ESTABLISHED  UNDER THIS TITLE. SUCH REPORT SHALL INCLUDE,
 BUT NOT BE LIMITED TO:
   (A) THE EFFECTIVENESS OF THE FEES ESTABLISHED IN  SECTION  19-1305  OF
 THIS  TITLE  TO  REDUCE  REGULATED AIR CONTAMINANTS STATEWIDE AND WITHIN
 GEOGRAPHIC SUBDIVISIONS OF THE STATE;
   (B) THE  EFFECTIVENESS  OF  THE  POLICIES  ESTABLISHED  UNDER  SECTION
 19-1311  OF  THIS TITLE TO REDUCE REGULATED AIR CONTAMINANTS FROM MOBILE
 SOURCES STATEWIDE AND WITHIN GEOGRAPHIC SUBDIVISIONS OF THE STATE;
   (C) AN OVERVIEW OF SOCIAL BENEFITS FROM THE REGULATIONS OR OTHER MEAS-
 URES ESTABLISHED PURSUANT TO THIS TITLE, INCLUDING REDUCTIONS  IN  REGU-
 LATED  AIR CONTAMINANTS, AND OTHER BENEFITS TO THE ECONOMY, ENVIRONMENT,
 AND PUBLIC HEALTH, INCLUDING BUT NOT LIMITED TO  THE  HEALTH  OF  WOMEN,
 YOUTH  AND CHILDREN AND A DETAILED ANALYSIS OF THE BENEFITS TO DISADVAN-
 TAGED COMMUNITIES;
   (D) AN OVERVIEW OF COMPLIANCE COSTS FOR REGULATED ENTITIES;
   (E) AN OVERVIEW OF ADMINISTRATIVE COSTS FOR THE  AUTHORITY  AND  OTHER
 STATE AGENCIES;
   (F) WHETHER THE FEES ESTABLISHED IN THIS TITLE ARE EQUITABLE, MINIMIZE
 COSTS AND MAXIMIZE THE TOTAL BENEFITS TO THE STATE;
   (G)  RECOMMENDATIONS  AS  TO CHANGES THAT SHOULD BE MADE TO ANY POLICY
 PROMULGATED PURSUANT TO THIS TITLE,  INCLUDING  THE  METHODOLOGY  ESTAB-
 LISHED  UNDER  SECTION  19-1303 OF THIS TITLE, AND THE IMPLEMENTATION OF
 THE FEES ESTABLISHED UNDER SECTION 19-1305 OF THIS TITLE; AND
   (H) RECOMMENDATIONS FOR FUTURE REGULATORY ACTIONS PERTAINING TO REDUC-
 ING REGULATED AIR CONTAMINANTS FROM MOBILE AND STATIONARY SOURCES.
   2. BEFORE FINALIZING THE REPORT DESCRIBED IN SUBDIVISION ONE  OF  THIS
 SECTION,  THE  AUTHORITY SHALL ENSURE THAT THERE ARE MEANINGFUL OPPORTU-
 NITIES FOR PUBLIC PARTICIPATION, INCLUDING BY:

 S. 4264--A                         12
 
   (A) ALLOWING AT LEAST ONE HUNDRED TWENTY DAYS FOR  THE  SUBMISSION  OF
 PUBLIC COMMENT, FOLLOWING THE DATE OF THE PUBLICATION OF A DRAFT REPORT;
 AND
   (B)  HOLDING  AT  LEAST  FOUR  REGIONAL PUBLIC HEARINGS, INCLUDING TWO
 MEETINGS IN THE UPSTATE REGION AND TWO MEETINGS IN THE DOWNSTATE REGION,
 WITH EMPHASIS ON MAXIMIZING PARTICIPATION AND ACCESSIBILITY FOR  MEMBERS
 OF DISADVANTAGED COMMUNITIES.
   3.  THE FINAL REPORT SHALL BE SUBMITTED TO THE GOVERNOR, THE TEMPORARY
 PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEAD-
 ER OF THE SENATE AND THE MINORITY LEADER OF THE ASSEMBLY, AND  SHALL  BE
 POSTED ON THE WEBSITE OF THE DEPARTMENT.
   §  4. The executive law is amended by adding a new section 184 to read
 as follows:
   § 184. DIVERSION OF FUNDS DEDICATED TO CLIMATE AND  COMMUNITY  INVEST-
 MENT  TO  THE  GENERAL  FUND  OF  THE  STATE OR TO ANY OTHER PURPOSE, IS
 PROHIBITED.  1. FOR THE PURPOSES OF THIS SECTION, THE TERM "CLIMATE  AND
 COMMUNITY  INVESTMENT" SHALL MEAN ANY PUBLIC BENEFIT CORPORATION CONSTI-
 TUTING A CLIMATE AND COMMUNITY INVESTMENT AUTHORITY  WHICH  PROVIDES  OR
 CONTRACTS  FOR  THE  PROVISION OF CLIMATE AND COMMUNITY INVESTMENT, OR A
 SUBSIDIARY THEREOF, OR ANY COUNTY OR CITY WHICH  PROVIDES  OR  CONTRACTS
 FOR THE PROVISION OF, PURSUANT TO TITLE NINE-C OF THE PUBLIC AUTHORITIES
 LAW.
   2.  THE  DIRECTOR  OF  THE  BUDGET  SHALL BE PROHIBITED FROM DIVERTING
 REVENUES DERIVED FROM FEES PAID BY THE PUBLIC INTO ANY FUND  CREATED  BY
 LAW INCLUDING BUT NOT LIMITED TO ARTICLE FORTY-TWO OF THE TAX LAW, ARTI-
 CLE FORTY-THREE OF THE TAX LAW, AND ARTICLE EIGHT-B OF THE LABOR LAW FOR
 THE PURPOSE OF FUNDING CLIMATE AND COMMUNITY INVESTMENT INTO THE GENERAL
 FUND  OF  THE STATE OR INTO ANY OTHER FUND MAINTAINED FOR THE SUPPORT OF
 ANOTHER GOVERNMENTAL PURPOSE. NO DIVERSION OF FUNDS CAN  OCCUR  CONTRARY
 TO  THIS  SECTION BY AN ADMINISTRATIVE ACT OF THE DIRECTOR OF THE BUDGET
 OR ANY OTHER PERSON IN THE EXECUTIVE BRANCH.
   3. IF ANY DIVERSION OF FUNDS OCCURS BY PASSAGE OF LEGISLATION DURING A
 REGULAR OR EXTRAORDINARY SESSION OF THE LEGISLATURE, THE DIRECTOR OF THE
 BUDGET SHALL CREATE AND INCLUDE WITH THE BUDGET OR LEGISLATION DIVERTING
 FUNDS, A DIVERSION IMPACT STATEMENT WHICH SHALL  INCLUDE  THE  FOLLOWING
 INFORMATION:
   (A)  THE  AMOUNT OF THE DIVERSION FROM DEDICATED CLIMATE AND COMMUNITY
 INVESTMENT FUNDS;
   (B) THE AMOUNT DIVERTED FROM EACH FUND;
   (C) THE CUMULATIVE AMOUNT OF  DIVERSION  FROM  DEDICATED  CLIMATE  AND
 COMMUNITY INVESTMENT FUNDS DURING THE PRECEDING FIVE YEARS;
   (D) THE DATE OR DATES WHEN THE DIVERSION IS TO OCCUR; AND
   (E)  A  DETAILED  ESTIMATE  OF  THE IMPACT OF DIVERSION FROM DEDICATED
 CLIMATE AND  COMMUNITY  INVESTMENT,  INCLUDING  ANY  IMPACT  ON  CLIMATE
 INFRASTRUCTURE DEVELOPMENT, JUST TRANSITION, WORKER AND COMMUNITY ASSUR-
 ANCE,  ENERGY  REBATES,  MAINTENANCE,  SECURITY, AND THE CURRENT CAPITAL
 PROGRAM.
   4. THE STATE COMPTROLLER SHALL REPORT ON  THE  RECEIPT  OF  ALL  FUNDS
 COLLECTED PURSUANT TO THE CLIMATE AND COMMUNITY INVESTMENT ACT IN EXIST-
 ING  CASH BASIS REPORTS, AND THE SPENDING OF ANY FUND COLLECTED OR SPENT
 PURSUANT TO SUCH ACT BY  THE  AUTHORITY  IN  ITS  EXISTING  TRANSPARENCY
 REPORT  AS  WELL AS IF CONSIDERATION IS GIVEN TO MOVING SUCH FUNDS ON OR
 OFF BUDGET.
   § 5. The labor law is amended by adding a new article 8-B to  read  as
 follows:

 S. 4264--A                         13
 
                                 ARTICLE 8-B
           RESPONSIBLE CONTRACTING, LABOR AND JOB STANDARDS AND
                             WORKER PROTECTION
 SECTION 228.   DEFINITIONS.
         229.   LABOR AND PROJECT PERFORMANCE STANDARDS.
         229-A. BEST  VALUE REQUIREMENTS FOR THE SOLICITATION, EVALUATION
                AND AWARD OF RENEWABLE ENERGY PROJECTS, ENERGY EFFICIENCY
                PROJECTS AND OTHER CONSTRUCTION PROJECTS UNDERTAKEN  WITH
                SUPPORT FROM THE AUTHORITY OR RECEIVING STATE ASSISTANCE.
         229-B. BEST   VALUE   REQUIREMENTS   FOR  ALL  WORK  OTHER  THAN
                CONSTRUCTION.
   § 228. DEFINITIONS. FOR THE PURPOSES  OF  THIS  TITLE,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "THE ACT" SHALL MEAN THE "CLIMATE AND COMMUNITY INVESTMENT ACT".
   2.  "THE  AUTHORITY"  SHALL  MEAN THE CLIMATE AND COMMUNITY INVESTMENT
 AUTHORITY CREATED UNDER THE PUBLIC AUTHORITIES LAW.
   3. "CLIMATE AND COMMUNITY INVESTMENT" SHALL MEAN  ANY  PUBLIC  BENEFIT
 CORPORATION  CONSTITUTING  A  CLIMATE AND COMMUNITY INVESTMENT AUTHORITY
 WHICH PROVIDES OR CONTRACTS FOR THE PROVISION OF CLIMATE  AND  COMMUNITY
 INVESTMENT,  OR  A  SUBSIDIARY  THEREOF,  OR  ANY  COUNTY  OR CITY WHICH
 PROVIDES OR CONTRACTS FOR THE PROVISION OF, PURSUANT TO TITLE NINE-C  OF
 THE PUBLIC AUTHORITIES LAW.
   4.  "DIRECTOR"  MEANS  THE DIRECTOR OF AN OFFICE APPOINTED UNDER PARA-
 GRAPH (B) OF SUBDIVISION SEVEN OF SECTION TWENTY-SEVEN  HUNDRED  NINETY-
 NINE-UUUU OF THE PUBLIC AUTHORITIES LAW.
   5.  "LABOR  ORGANIZATION"  MEANS  ANY ORGANIZATION WHICH EXISTS AND IS
 CONSTITUTED FOR THE PURPOSE, IN WHOLE OR IN PART, OF COLLECTIVE BARGAIN-
 ING, OR OF DEALING WITH EMPLOYERS CONCERNING GRIEVANCES, TERMS OR CONDI-
 TIONS OF EMPLOYMENT, OR OF OTHER MUTUAL AID OR PROTECTION AND  WHICH  IS
 NOT  A  COMPANY  UNION.  THIS  INCLUDES, BUT IS NOT LIMITED TO BONA FIDE
 LABOR ORGANIZATIONS THAT ARE CERTIFIED OR RECOGNIZED AS THE ORGANIZATION
 OF JURISDICTION REPRESENTING  THE  WORKERS  INVOLVED  AND/OR  BONA  FIDE
 BUILDING  AND  CONSTRUCTION TRADES COUNCILS AND/OR DISTRICT COUNCILS AND
 STATE AND LOCAL LABOR FEDERATIONS COMPRISED OF LOCAL UNIONS CERTIFIED OR
 RECOGNIZED AS THE REPRESENTATIVE OF THE WORKERS.
   6. "NEUTRALITY POLICY/AGREEMENT" SHALL  MEAN  A  POLICY  OR  AGREEMENT
 WHEREIN AN EMPLOYER REMAINS NEUTRAL IN A UNION ORGANIZING DRIVE AND DOES
 NOT  ACTIVELY OPPOSE UNION EFFORTS TO GAIN MAJORITY SUPPORT OF THE RELE-
 VANT EMPLOYEES OF THE EMPLOYER.
   7. "PRESIDENT" MEANS  THE  PRESIDENT  OF  THE  CLIMATE  AND  COMMUNITY
 INVESTMENT AUTHORITY.
   8. "PROJECT LABOR AGREEMENT" OR "PLA" SHALL MEAN A PRE-HIRE COLLECTIVE
 BARGAINING AGREEMENT BETWEEN A CONSTRUCTION INDUSTRY EMPLOYER AND A BONA
 FIDE BUILDING AND CONSTRUCTION TRADE LABOR ORGANIZATION REPRESENTING ALL
 CONSTRUCTION  TRADES  THAT  WILL  PERFORM  WORK  ON  A  PROJECT AND THAT
 PROVIDES ONLY CONTRACTORS AND SUBCONTRACTORS WHO AGREE  TO  COMPLY  WITH
 THE PLA SHALL BE ELIGIBLE TO PERFORM WORK ON THE PROJECT.
   § 229. LABOR AND PROJECT PERFORMANCE STANDARDS. THE FOLLOWING REQUIRE-
 MENTS SHALL APPLY TO ANY PROJECTS ASSISTED UNDER THE ACT:
   1.  CONSTRUCTION  - PROJECT LABOR AGREEMENT. A PROJECT LABOR AGREEMENT
 FOR PURPOSES OF THIS SECTION IS A PRE-HIRE COLLECTIVE BARGAINING  AGREE-
 MENT  WITH  LABOR ORGANIZATIONS IN THE CONSTRUCTION INDUSTRY THAT ESTAB-
 LISHES  THE  TERMS  AND  CONDITIONS  OF  EMPLOYMENT   FOR   A   SPECIFIC
 CONSTRUCTION PROJECT AND IS AN AGREEMENT DESCRIBED IN 29 U.S.C. 158(F).
   2.  EXECUTION  OF  PROJECT  LABOR  AGREEMENT. THE PARTY WHICH RECEIVES
 ASSISTANCE FROM THE STATE FOR A RENEWABLE ENERGY PROJECT,  ENERGY  EFFI-

 S. 4264--A                         14
 
 CIENCY  PROJECT, OTHER CONSTRUCTION PROJECT UNDERTAKEN WITH SUPPORT FROM
 THE AUTHORITY, OR RECEIVING STATE ASSISTANCE SHALL  TAKE  THE  NECESSARY
 CONTRACTUAL ACTIONS TO ENSURE THAT A PROJECT LABOR AGREEMENT IS EXECUTED
 BETWEEN   THE   GENERAL  CONTRACTOR  OR  OTHER  ENTITY  RESPONSIBLE  FOR
 CONSTRUCTION  OF  THE  ASSISTED  PROJECT  AND  BONA  FIDE  BUILDING  AND
 CONSTRUCTION  TRADE  COUNCILS THAT HAVE THE CAPABILITY TO SUPPLY SKILLED
 CRAFT PERSONNEL IN ALL CRAFTS NEEDED FOR THE PROJECT IN THE  AREA  WHERE
 THE PROJECT IS LOCATED.
   3.  TERMS  OF  PROJECT  LABOR  AGREEMENT.  A  PROJECT  LABOR AGREEMENT
 EXECUTED FOR PURPOSES  OF  THIS  SECTION  SHALL  INCLUDE  THE  NECESSARY
 PROVISIONS TO:
   (A) BIND ALL CONTRACTORS AND SUBCONTRACTORS ON THE ASSISTED PROJECT TO
 THE  PROJECT  LABOR AGREEMENT THROUGH THE INCLUSION OF APPROPRIATE SPEC-
 IFICATIONS IN ALL RELEVANT SOLICITATION PROVISIONS  AND  CONTRACT  DOCU-
 MENTS;
   (B)  ALLOW ALL CONTRACTORS AND SUBCONTRACTORS TO COMPETE FOR CONTRACTS
 AND SUBCONTRACTS ON THE PROJECT  WITHOUT  REGARD  TO  WHETHER  THEY  ARE
 OTHERWISE PARTIES TO COLLECTIVE BARGAINING AGREEMENTS;
   (C)  ESTABLISH  UNIFORM  TERMS  AND  CONDITIONS  OF EMPLOYMENT FOR ALL
 CONSTRUCTION CRAFT LABOR EMPLOYED ON THE PROJECTS;
   (D) CONTAIN GUARANTEES AGAINST  STRIKES,  LOCKOUTS,  AND  SIMILAR  JOB
 DISRUPTIONS;
   (E)  SET  FORTH EFFECTIVE, PROMPT, AND MUTUALLY BINDING PROCEDURES FOR
 RESOLVING LABOR DISPUTES ARISING DURING THE PROJECT LABOR AGREEMENT; AND
   (F) INCLUDE ANY OTHER PROVISIONS AS NEGOTIATED BY THE  PARTIES  NEEDED
 TO PROMOTE SUCCESSFUL DELIVERY OF THE ASSISTED PROJECT.
   4.  PENALTIES  AND SANCTIONS. THE FAILURE OF A PARTY RECEIVING ASSIST-
 ANCE UNDER THE ACT TO ENSURE COMPLIANCE WITH THE  REQUIREMENTS  OF  THIS
 SECTION  SHALL CONSTITUTE A MATERIAL BREACH OF THE AGREEMENT UNDER WHICH
 ASSISTANCE IS PROVIDED AND SHALL PERMIT THE STATE TO  IMPOSE  APPLICABLE
 PENALTIES AND SANCTIONS FOR CONDUCT CONSTITUTING NON-COMPLIANCE, INCLUD-
 ING  BUT  NOT  LIMITED  TO  REVOCATION  OF ALL OR PART OF THE ASSISTANCE
 PROVIDED BY THE STATE.
   5. RESPONSIBLE  CONTRACTOR  REQUIREMENTS.  THE  PARTY  WHICH  RECEIVES
 ASSISTANCE  FROM  THE STATE FOR A RENEWABLE ENERGY PROJECT, ENERGY EFFI-
 CIENCY PROJECT, OR OTHER CONSTRUCTION PROJECT  UNDERTAKEN  WITH  SUPPORT
 FROM  THE  AUTHORITY  SHALL  TAKE  THE  NECESSARY CONTRACTUAL ACTIONS TO
 ENSURE EACH CONTRACTOR AND SUBCONTRACTOR INVOLVED IN THE CONSTRUCTION OF
 THE ASSISTED PROJECT COMPLETES A SWORN CERTIFICATION THAT THE FIRM:
   (A) HAS THE NECESSARY RESOURCES TO PERFORM THE PORTION OF THE ASSISTED
 PROJECT TO WHICH THEY ARE ASSIGNED, INCLUDING THE  NECESSARY  TECHNICAL,
 FINANCIAL, AND PERSONNEL RESOURCES;
   (B)  HAS  ALL  REQUIRED  CONTRACTOR,  SPECIALTY  CONTRACTOR  OR  TRADE
 LICENSES, CERTIFICATIONS OR CERTIFICATES REQUIRED OF ANY BUSINESS ENTITY
 OR INDIVIDUAL BY APPLICABLE STATE OR LOCAL LAW;
   (C) PARTICIPATES IN AN APPRENTICESHIP TRAINING PROGRAM FOR EACH  TRADE
 IN  WHICH  IT EMPLOYS CRAFT WORKERS THAT IS REGISTERED WITH AND APPROVED
 BY THE U.S. DEPARTMENT OF LABOR OR A  STATE  APPRENTICESHIP  AGENCY  AND
 SHALL PROVIDE PROOF WITHIN SEVEN DAYS OF A REQUEST FROM THE AUTHORITY OR
 ANY AUTHORITY OR AGENCY THAT ITS PROGRAM IS ACTIVELY TRAINING EMPLOYEES,
 HAS FUNCTIONING TRAINING FACILITIES, AND IS REGULARLY GRADUATING APPREN-
 TICES  TO  JOURNEY  PERSON  STATUS,  AND  SUCH APPRENTICES ARE PLACED IN
 EMPLOYMENT,  HEREINAFTER  REFERRED  TO  AS   "CLASS   A   APPRENTICESHIP
 PROGRAMS";
   (D) IN THE PAST THREE YEARS:
   (I) HAS NOT BEEN DEBARRED BY ANY GOVERNMENT AGENCY;

 S. 4264--A                         15
 
   (II) HAS NOT DEFAULTED ON ANY PROJECT;
   (III)  HAS  NOT  HAD  ANY  LICENSE,  CERTIFICATION OR OTHER CREDENTIAL
 RELATING TO THE BUSINESS REVOKED OR SUSPENDED;
   (IV) HAS NOT BEEN FOUND IN VIOLATION OF  ANY  LAW  APPLICABLE  TO  ITS
 BUSINESS  THAT  RESULTED  IN THE PAYMENT OF A FINE, BACK PAY DAMAGES, OR
 ANY OTHER TYPE OF PENALTY IN THE AMOUNT OF TEN THOUSAND DOLLARS OR MORE;
 WILL PAY CRAFT PERSONNEL EMPLOYED ON THE  PROJECT,  AT  A  MINIMUM,  THE
 APPLICABLE WAGE AND FRINGE BENEFIT RATES FOR THE CLASSIFICATION IN WHICH
 THE  WORKER IS EMPLOYED IN ACCORDANCE WITH APPLICABLE REQUIRED RATES FOR
 THE PROJECT; AND
   (E) WILL NOT MISCLASSIFY CRAFT LABOR EMPLOYEES AS INDEPENDENT CONTRAC-
 TORS.
   6. CONTRACTOR RESPONSIBILITY  CERTIFICATIONS  EXECUTED  IN  ACCORDANCE
 WITH THIS ARTICLE:
   (A)  SHALL  BE  SUBMITTED TO THE AUTHORITY AND THE DEPARTMENT AT LEAST
 THIRTY DAYS PRIOR TO COMMENCEMENT OF CONSTRUCTION  OF  A  STATE-ASSISTED
 PROJECT; AND
   (B)  SHALL  CONSTITUTE  PUBLIC DOCUMENTS WHICH SHALL BE MADE AVAILABLE
 WITHOUT REDACTION ON A PUBLICLY AVAILABLE WEBSITE WITHIN SEVEN  DAYS  OF
 BEING SUBMITTED TO THE AUTHORITY AND THE DEPARTMENT.
   7.  FRAUDULENT  CERTIFICATIONS. A RESPONSIBLE CONTRACTOR CERTIFICATION
 CONTAINING FALSE, MISLEADING, OR  INACCURATE  INFORMATION  SHALL,  AFTER
 NOTICE  AND  OPPORTUNITY  TO  BE HEARD, SUBJECT THE FIRM TO A THREE-YEAR
 DEBARMENT FROM FUTURE PUBLIC AND PUBLICLY ASSISTED  PROJECTS  AND  OTHER
 APPLICABLE PENALTIES AND SANCTIONS.
   8.  PENALTIES  AND SANCTIONS. THE FAILURE OF A PARTY RECEIVING ASSIST-
 ANCE UNDER THE ACT TO ENSURE COMPLIANCE WITH THE  REQUIREMENTS  OF  THIS
 ARTICLE  SHALL CONSTITUTE A MATERIAL BREACH OF THE AGREEMENT UNDER WHICH
 ASSISTANCE IS PROVIDED AND SHALL PERMIT THE STATE TO  IMPOSE  APPLICABLE
 PENALTIES AND SANCTIONS FOR CONDUCT CONSTITUTING NON-COMPLIANCE, INCLUD-
 ING  BUT  NOT  LIMITED  TO  REVOCATION  OF PART OR ALL OF THE ASSISTANCE
 PROVIDED BY THE STATE.
   9. PREVAILING WAGE RATES. CONTRACTORS AND SUBCONTRACTORS  ON  ASSISTED
 PROJECTS  SHALL  PAY  CONSTRUCTION  CRAFT EMPLOYEES ON THE PROJECT, AT A
 MINIMUM, THE APPLICABLE PREVAILING WAGE AND FRINGE BENEFIT RATES FOR THE
 APPROPRIATE CLASSIFICATION  IN  WHICH  THE  WORKER  IS  EMPLOYED.  FIRMS
 ENGAGED  IN  THE CONSTRUCTION OF AN ASSISTED PROJECT SHALL BE SUBJECT TO
 ALL REPORTING, AND COMPLIANCE REQUIREMENTS  OF  ARTICLE  EIGHT  OF  THIS
 CHAPTER. VIOLATIONS OF PREVAILING WAGE REQUIREMENTS ON ASSISTED PROJECTS
 SHALL  BE  SUBJECT TO PENALTIES AND SANCTIONS APPLICABLE TO PUBLIC WORKS
 PROJECTS.
   10. PREVAILING WAGE EXCEPTION. PREVAILING WAGE REQUIREMENTS UNDER  THE
 ACT SHALL NOT APPLY TO ASSISTED PROJECTS COVERED BY PROJECT LABOR AGREE-
 MENTS.
   §  229-A. BEST VALUE REQUIREMENTS FOR THE SOLICITATION, EVALUATION AND
 AWARD OF RENEWABLE ENERGY PROJECTS, ENERGY  EFFICIENCY  PROJECTS,  OTHER
 CONSTRUCTION  PROJECTS  UNDERTAKEN  WITH  SUPPORT  FROM THE AUTHORITY OR
 RECEIVING STATE ASSISTANCE. 1. PURPOSE. THE PURPOSE OF THIS  SECTION  IS
 TO  ESTABLISH  BEST  VALUE REQUIREMENTS FOR THE SOLICITATION, EVALUATION
 AND AWARD OF RENEWABLE ENERGY PROJECTS, ENERGY EFFICIENCY PROJECTS,  AND
 OTHER  CONSTRUCTION PROJECTS UNDERTAKEN WITH SUPPORT FROM THE AUTHORITY,
 OR ASSISTED BY THE STATE, INCLUDING THOSE ASSISTED BY THE ACT.
   2. DEFINITIONS. FOR PURPOSES OF  THIS  SECTION,  THE  FOLLOWING  TERMS
 SHALL BE DEFINED AS FOLLOWS:

 S. 4264--A                         16
 
   (A)  "AGENCY" MEANS THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT
 AUTHORITY OR ANY OTHER STATE DEPARTMENT OR AGENCY THAT PROVIDES  ASSIST-
 ANCE TO COVERED PROJECTS.
   (B)  "BEST  VALUE" SHALL BE GIVEN THE MEANING SPECIFIED IN PARAGRAPH J
 OF SUBDIVISION ONE OF SECTION  ONE  HUNDRED  SIXTY-THREE  OF  THE  STATE
 FINANCE LAW.
   (C)  "CONTRACTING  TEAM" MEANS THE LEAD CONTRACTOR AND PROJECT SUBCON-
 TRACTORS.
   (D) "COVERED PROJECTS" MEANS PROJECTS DESIGNED  TO  PROVIDE  RENEWABLE
 ENERGY,  AS  DEFINED  IN  PARAGRAPH  (B)  OF  SUBDIVISION ONE OF SECTION
 SIXTY-SIX-P OF THE PUBLIC SERVICE LAW, WHICH  ARE  ELIGIBLE  TO  RECEIVE
 ENERGY CREDITS OR OTHER FORMS OF ASSISTANCE FROM THE STATE.
   (E) "OFFEROR" MEANS THE PROJECT OWNER, DEVELOPER OR OTHER ENTITY WHICH
 SEEKS  TO PROPOSE A RENEWABLE ENERGY PROJECT, ENERGY EFFICIENCY PROJECT,
 OTHER CONSTRUCTION PROJECT UNDERTAKEN WITH SUPPORT FROM  THE  AUTHORITY,
 OR  RECEIVING  STATE  ASSISTANCE  AND  OBTAIN RENEWABLE ENERGY CREDIT OR
 OTHER ASSISTANCE FROM THE STATE.
   (F) "LEAD  CONTRACTOR"  MEANS  THE  GENERAL  CONTRACTOR,  CONSTRUCTION
 MANAGER  OR OTHER PRIME CONTRACTOR WHICH IS CONTRACTED BY THE OFFEROR TO
 BUILD A COVERED PROJECT.
   (G) "PROJECT TEAM" MEANS THE LEAD CONTRACTORS AND  ALL  SUBCONTRACTORS
 PROPOSED FOR THE PROJECT.
   3.  SOLICITATION REQUIREMENTS FOR COVERED PROJECTS. SOLICITATIONS USED
 TO PROVIDE STATE  ASSISTANCE  TO  COVERED  PROJECTS  SHALL  UTILIZE  THE
 FOLLOWING PROCEDURES:
   (A)  SOLICITATIONS  SHALL BE DESIGNED TO ENSURE BEST VALUE RESULTS FOR
 THE STATE BY:
   (I) PERMITTING PROJECT PROPOSALS FOR  ANY  TYPE  OF  VIABLE  RENEWABLE
 ENERGY SOURCE; AND
   (II) PROMOTING MAXIMUM COMPETITION AMONG QUALIFIED OFFERORS PRESENTING
 PROPOSALS.
   (B)  SOLICITATIONS  SHALL BE ADMINISTERED THROUGH A PUBLIC REQUEST FOR
 PROPOSALS  PROCESS  THAT  PROVIDES  ADEQUATE  NOTICE,  INSTRUCTIONS  FOR
 SUBMITTING PROPOSALS AND OTHER RELEVANT INFORMATION AS DETERMINED BY THE
 AGENCY.
   (C)  REQUESTS  FOR  PROPOSALS  SHALL  REQUIRE SEALED PROPOSALS FROM AN
 OFFEROR, WHICH INCLUDE:
   (I) PROPOSED PROJECT, INCLUDING TYPE, VIABILITY AND  PROJECTED  AMOUNT
 OF ENERGY, PROJECT PLAN AND SCHEDULE.
   (II)  THE  QUALIFICATIONS,  RESOURCES  AND CAPABILITIES OF THE OFFEROR
 AND, THE PROJECT TEAM TO BE USED ON THE PROJECT.
   (D) THE AGENCY SHALL APPROVE THE PROJECT THAT PROVIDES THE BEST VALUE,
 CONSIDERING THE VIABILITY AND BENEFITS OF THE PROPOSED PROJECT AND QUAL-
 IFICATIONS OF THE OFFEROR AND PROJECT TEAM.
   4. REQUEST FOR PROPOSALS PROCESS.  REQUESTS  FOR  PROPOSALS  SHALL  BE
 ADMINISTERED IN COMPLIANCE WITH THIS SECTION AND ADDITIONAL INSTRUCTIONS
 SET FORTH IN THE SOLICITATION AND NOTICE OF REQUESTS FOR PROPOSALS:
   (A)  THE  AGENCY  SHALL  EVALUATE  PROPOSALS ON THE BASIS OF A MAXIMUM
 POINT SCALE. THE PROPOSAL THAT ATTAINS THE HIGH SCORE SHALL BE  SELECTED
 FOR AWARD. PROPOSALS SHALL BE SCORED ONLY ON THE BASIS OF THE EVALUATION
 FACTORS SET FORTH IN THE REQUEST FOR PROPOSALS.
   (B)  REQUEST  FOR  PROPOSALS SHALL INCLUDE ONLY FACTORS LISTED IN THIS
 SECTION AND ANY ADDITIONAL FACTORS OR SUBFACTORS THE AGENCY DEEMS NECES-
 SARY FOR ACHIEVING BEST VALUE RESULTS FOR THE STATE.

 S. 4264--A                         17

   (C) IN DETERMINING WHICH PROPOSAL OFFERS THE BEST VALUE TO THE  STATE,
 THE  AGENCY  SHALL EVALUATE THE FOLLOWING FACTORS IN ACCORDANCE WITH THE
 FOLLOWING CRITERIA:
   (I) PROPOSED PROJECT;
   (II) OFFEROR QUALIFICATIONS;
   (III) PROJECT TEAM QUALIFICATIONS;
   (IV) ECONOMICALLY DISADVANTAGED IMPACT.
   5.  PROJECT  SELECTION.  THE OFFEROR THAT COMPLIES WITH THE SPECIFICA-
 TIONS AND REQUIREMENTS OF THE REQUEST FOR  PROPOSALS  AND  RECEIVES  THE
 HIGHEST MAXIMUM SCORE SHALL BE SELECTED BY THE AGENCY FOR PROJECT AWARD.
   6.   EVALUATION   OF   PROPOSED  PROJECT.  IN  EVALUATING  COMPETITIVE
 PROPOSALS, THE AGENCY SHALL EVALUATE THE PROPOSED PROJECT ON THE FOLLOW-
 ING FACTORS:
   (A) PROJECTED AMOUNT OF ENERGY TO BE GENERATED;
   (B) VIABILITY OF THE PROPOSED ENERGY SOURCE;
   (C) FEASIBILITY OF THE PROJECT PLAN AND SCHEDULE;
   (D) QUALIFICATIONS OF THE PROJECT TEAM.
   7. EVALUATION OF OFFEROR'S QUALIFICATIONS.  THE  OFFEROR'S  QUALIFICA-
 TIONS  SHALL  BE  DETERMINED  BY  AN  EVALUATION OF ITS PAST PERFORMANCE
 RECORD, EXPERTISE AND TECHNICAL QUALIFICATIONS AND  PRESENT  PERFORMANCE
 CAPABILITIES,  INCLUDING  FINANCIAL  RESOURCES  AND  EXPERIENCE  OF  THE
 OFFEROR'S SENIOR MANAGEMENT AND PROJECT TEAM MANAGEMENT.
   8. EVALUATION OF PROJECT TEAM QUALIFICATIONS.  THE  QUALIFICATIONS  OF
 THE  LEAD CONTRACTOR AND SUBCONTRACTORS SHALL BE DETERMINED BY AN EVALU-
 ATION OF THE FOLLOWING SUBFACTORS:
   (A) PAST PERFORMANCE RECORD: 30 POINTS. EVALUATION OF  THIS  SUBFACTOR
 REQUIRES A REVIEW OF PAST PROJECTS, INCLUDING BUDGET, SCHEDULE AND SAFE-
 TY  DATA,  PERFORMANCE  EVALUATION  REPORTS,  QUALITY OF WORKMANSHIP AND
 COMPLIANCE WITH PROJECT SPECIFICATIONS.
   (B) EXPERTISE AND TECHNICAL QUALIFICATIONS: 10 POINTS.  EVALUATION  OF
 THIS  SUBFACTOR REQUIRES EXAMINATION OF THE GENERAL AND SPECIFIC EXPERI-
 ENCE IN RELEVANT MARKET SECTORS AND IN PROJECTS SIMILAR TO THE  PROPOSED
 PROJECT.
   (C)  PERFORMANCE  CAPABILITIES OF MANAGEMENT: 10 POINTS. EVALUATION OF
 THIS SUBFACTOR REQUIRES EXAMINATION OF:
   (I) RESOURCES, INCLUDING EQUIPMENT AND FINANCIAL RESOURCES;
   (II) EXPERIENCE OF THE SENIOR MANAGEMENT AND PROJECT MANAGEMENT OF THE
 LEAD CONTRACTOR AND SUBCONTRACTORS; AND
   (D) PERFORMANCE CAPABILITIES OF CRAFT LABOR: 40 POINTS. EVALUATION  OF
 CRAFT LABOR PERSONNEL SHALL CONSIDER THE USE OF:
   (I)  PROJECT  LABOR  AGREEMENTS  AS  A RELIABLE SOURCE FOR ENSURING AN
 ADEQUATE SUPPLY OF SKILLED CRAFT LABOR IN  ALL  TRADES  NEEDED  FOR  THE
 PROPOSED PROJECT;
   (II)  PARTICIPATION  IN REGISTERED APPRENTICESHIP PROGRAMS THAT HAVE A
 TRACK RECORD OF GRADUATING APPRENTICES FOR  AT  LEAST  THREE  YEARS  AND
 JOURNEYPERSON;
   (III) TRAINING PROGRAMS USED TO PROVIDE TRAINING FOR UP-GRADING SKILLS
 OR TRAINING FOR SPECIALIZED SKILLS; AND
   (IV) TRAINING PROGRAMS THAT PROVIDE SAFETY TRAINING AND CERTIFICATION,
 INCLUDING, BUT NOT LIMITED TO OSHA 10 HOUR AND 30 HOUR PROGRAMS.
   9.  PRELISTING  OF SUBCONTRACTORS. THE LEAD CONTRACTOR SHALL PROVIDE A
 LIST IN ITS PROPOSALS THAT IDENTIFIES THE NAMES OF  ALL  SUBCONTRACTORS,
 REGARDLESS  OF TIER, IT PROPOSES TO USE FOR THE PROJECT AND THE SCOPE OF
 WORK AND APPROXIMATE PERCENTAGE OF THE TOTAL PROJECT OF EACH SUBCONTRAC-
 TOR LISTED.

 S. 4264--A                         18
 
   10. PREQUALIFICATION PROCESS. REQUESTS FOR PROPOSALS MAY  BE  PRECEDED
 BY  A  PREQUALIFICATION  STAGE  TO REQUIRE INTERESTED OFFERORS TO DEMON-
 STRATE THAT THEY HAVE ADEQUATE MINIMUM QUALIFICATIONS  AND  SUFFICIENTLY
 VIABLE  PROJECT  PROPOSALS  TO  QUALIFY  TO  COMPETE  IN  A  REQUEST FOR
 PROPOSALS PROCESS.
   11.  EVALUATION  OF  ECONOMICALLY  DISADVANTAGED IMPACT. EVALUATION OF
 THIS FACTOR SHALL INCLUDE AN ASSESSMENT  OF  THE  DEGREE  TO  WHICH  THE
 PROJECT  PROMOTES  OPPORTUNITIES TO SMALL, MINORITY-OWNED BUSINESSES AND
 WORKERS IN ECONOMICALLY DISADVANTAGED COMMUNITIES.
   12. PROJECT  EVALUATION  TEAM.  PROPOSALS  SUBMITTED  IN  RESPONSE  TO
 REQUEST FOR PROPOSALS UNDER THIS SECTION SHALL BE EVALUATED BY A TECHNI-
 CAL  EVALUATION TEAM THAT CONSISTS OF NO FEWER THAN THREE PERSONS QUALI-
 FIED TO CONDUCT SUCH EVALUATIONS.
   13. AUDITS OF EVALUATION PROCESS.  PROPOSAL  EVALUATIONS  PURSUANT  TO
 THIS  SECTION  SHALL  BE  SUBJECT  TO PERIODIC AUDITS, INCLUDING RANDOM,
 UNANNOUNCED AUDITS BY QUALIFIED PERSONNEL APPOINTED  BY  THE  AGENCY  TO
 ENSURE  THE  EVALUATION  PROCESS  IS  CONDUCTED  IN ACCORDANCE WITH THIS
 SECTION AND THE REQUESTS FOR PROPOSALS.
   14. PROJECT PERFORMANCE EVALUATIONS. PROJECT EVALUATION REPORTS  SHALL
 BE  PREPARED UPON COMPLETION FOR PROJECTS THAT RECEIVE STATE ASSISTANCE.
 PROJECT EVALUATION REPORTS SHALL INCLUDE INFORMATION DETERMINED RELEVANT
 BY THE AGENCY BUT SHALL AT A MINIMUM INCLUDE THE FOLLOWING:
   (A) THE AMOUNT OF ENERGY PROJECTED IN THE  PROJECT  PROPOSAL  AND  THE
 ACTUAL AMOUNT OF ENERGY THE FACILITY IS CAPABLE OF PRODUCING;
   (B)  THE  PROPOSED  PROJECT  COMPLETION DATE AND THE ACTUAL COMPLETION
 DATE; AND
   (C) ADDITIONAL INFORMATION AS DETERMINED BY THE AGENCY.
   § 229-B. BEST VALUE REQUIREMENTS FOR ALL WORK OTHER THAN CONSTRUCTION.
   1. PURPOSE. THIS SECTION ESTABLISHES BEST VALUE REQUIREMENTS  FOR  THE
 SOLICITATION,  EVALUATION  AND  AWARD  OF  RENEWABLE  ENERGY  AND  OTHER
 PROJECTS ASSISTED BY THE STATE, INCLUDING THOSE ASSISTED BY THE ACT. ALL
 INVESTMENTS UNDER THIS SECTION SHALL UTILIZE THE  FOLLOWING  BEST  VALUE
 FRAMEWORK  TO EVALUATE BIDS FOR PROJECTS DEVELOPED WITH THESE FUNDS. THE
 BEST  VALUE  FRAMEWORK  SHALL  PROVIDE  SPECIALLY-DEFINED   BEST   VALUE
 CONTRACTING AND LABOR PROVISIONS AS OPTIONS FOR ANY BIDDER RESPONDING TO
 REQUESTS  FOR PROPOSALS FOR RENEWABLE ENERGY PROJECTS. BIDS THAT INCLUDE
 RESPONSIVE PROVISIONS CAN RECEIVE ADDED CREDIT TO THEIR BID SCORES.
   2. DEFINITIONS. FOR PURPOSES OF  THIS  SECTION,  THE  FOLLOWING  TERMS
 SHALL BE DEFINED AS FOLLOWS:
   (A) "AWARDING AUTHORITY" SHALL MEAN THE GOVERNMENTAL UNIT EMPOWERED TO
 REQUEST  BIDS  AND  ENTER  INTO CONTRACTS FOR RENEWABLE ENERGY PROJECTS,
 ENERGY EFFICIENCY, AND OTHER PROJECTS OTHER THEN THE CONSTRUCTION ASPECT
 OF THE PROJECT FUNDED BY THIS STATUTE.
   (B) "BEST-VALUE FRAMEWORK" SHALL MEAN CONTRACTS  AND  SUBCONTRACTS  ON
 PROJECTS  FUNDED BY THE ACT SHALL USE A BEST-VALUE FRAMEWORK TO CONSIDER
 THE QUALITY, COST AND EFFICIENCY OF OFFERS WHEN  EVALUATING  PROCUREMENT
 CONTRACT  PROPOSALS.  SUCH  FRAMEWORK  SHALL REFLECT, WHENEVER POSSIBLE,
 OBJECTIVE AND QUANTIFIABLE ANALYSIS AND IDENTIFY A  QUANTITATIVE  FACTOR
 FOR OFFERORS.
   (C)  "CONTRACT" SHALL MEAN A DIRECT AGREEMENT BETWEEN A VENDOR AND THE
 AWARDING AUTHORITY FOR PROJECTS FUNDED BY THE ACT VALUED AT FIVE MILLION
 DOLLARS AND OVER.
   (D) "VENDOR" SHALL MEAN A BUSINESS ENTITY  ENTERING  INTO  A  CONTRACT
 WITH  THE  AWARDING  AUTHORITY  FOR  PROJECTS,  INCLUDING  MANUFACTURING
 PROJECTS, FUNDED BY THE ACT.

 S. 4264--A                         19
 
   (E) "SUBCONTRACT" SHALL MEAN AN AGREEMENT BETWEEN A VENDOR AND SUBVEN-
 DOR TO PROVIDE MANUFACTURED MATERIALS OR PERFORM ADDITIONAL  WORK  UNDER
 THE VENDOR.
   (F)  "SUBVENDOR"  SHALL MEAN A BUSINESS ENTITY ENTERING INTO A SUBCON-
 TRACT WITH THE VENDOR TO PROVIDE MANUFACTURED MATERIALS  FOR  COMPLETION
 OF A CONTRACT OR PERFORM ADDITIONAL WORK UNDER THE VENDOR.
   (G)  "U.S. EMPLOYMENT PLAN" (USEP) SHALL MEAN THE PLAN WHICH AN ENTITY
 SUBMITTING  PROPOSALS  TO  AWARDING  AUTHORITIES  FOR  RENEWABLE  ENERGY
 PROJECTS,  ENERGY EFFICIENCY, OTHER PROJECTS OTHER THAN THE CONSTRUCTION
 ASPECT OF THE PROJECT INCLUDE IN THEIR PROPOSAL TO RECEIVE EXTRA  CREDIT
 AND/OR  POINTS  AS  DEFINED  BY  THE APPLICABLE AWARDING AUTHORITY. IF A
 PROPOSER CHOOSES TO SUBMIT A U.S. EMPLOYMENT PLAN TO WIN  EXTRA  CREDIT,
 THE  PROPOSAL  SHALL INCLUDE A WORKSHEET WITH: PROPOSED WAGES, BENEFITS,
 RETRAINING AND TRAINING, INCLUDING A WORKFORCE TRAINING PLAN,  COMPLETED
 BY   THE   PROPOSER  AND  THE  POTENTIAL  SUBVENDORS,  AND  A  NARRATIVE
 DESCRIPTION OF THE PROPOSERS' PLAN TO:
   (I) RECRUIT AND HIRE INDIVIDUALS FROM ZIP CODES  WITH  HIGH  RATES  OF
 POVERTY UNEMPLOYMENT, AND CHRONIC UNEMPLOYMENT;
   (II)  GIVE PRIORITY IN ANY HIRING OF EMPLOYEES NOT CURRENTLY OR PREVI-
 OUSLY EMPLOYED BY THE PROPOSER AND THE SUPPLIERS OF MANUFACTURED MATERI-
 ALS FOR THE PROJECT TO INDIVIDUALS WITH BARRIERS TO EMPLOYMENT INCLUDING
 PEOPLE WHO HAVE BEEN INCARCERATED, PEOPLE WITH DISABILITIES, AND  PEOPLE
 WHO   HAVE  BEEN  TRADITIONALLY  UNDERREPRESENTED  IN  MANUFACTURING  OR
 CONSTRUCTION EMPLOYMENT, LIKE WOMEN AND MINORITIES; AND
   (III) RECRUIT FROM "DISADVANTAGED WORKERS" AND "DISADVANTAGED COMMUNI-
 TIES" AS DEFINED BY THE ACT AND NOT DETAILED IN THIS SECTION.
   (H) "LOCAL EMPLOYMENT PLAN"  SHALL  MEAN  THE  PLAN  WHICH  AN  ENTITY
 SUBMITTING  PROPOSALS  TO  AWARDING  AUTHORITIES  FOR  RENEWABLE  ENERGY
 PROJECTS, ENERGY EFFICIENCY, OTHER PROJECTS OTHER THAN THE  CONSTRUCTION
 ASPECT  OF THE PROJECT INCLUDE IN THEIR PROPOSAL TO RECEIVE EXTRA CREDIT
 AND/OR POINTS AS DEFINED BY THE APPLICABLE AWARDING AUTHORITY. THE LOCAL
 EMPLOYMENT PLAN WILL APPLY TO WORK THAT IS  NOT  FINANCED  WITH  FEDERAL
 MONEY.  A  PROPOSER IS REQUIRED TO SUBMIT A LOCAL EMPLOYMENT PLAN TO WIN
 EXTRA CREDIT. THE PROPOSER SHALL INCLUDE THE  SAME  ITEMS  IN  THE  U.S.
 EMPLOYMENT PLAN AS WELL AS A PLAN:
   (I) TO RETAIN AND CREATE HIGH-SKILLED LOCAL JOBS; AND
   (II)  TO DEVELOP FAMILY-SUSTAINING CAREER PATHWAYS INTO THE SECTOR FOR
 DISADVANTAGED WORKERS AND DISADVANTAGED COMMUNITIES IN A SPECIFIED LOCAL
 AREA.
   (I) "WORKFORCE TRAINING PLAN" MEANS A PLAN TO CREATE PERMANENT, TRANS-
 FERABLE SKILLS FOR ALL NEW HIRES AND RETAINED EMPLOYEES UNDER A CONTRACT
 PROPOSAL, WHICH MAY:
   (I) TAKE ADVANTAGE OF PUBLICLY FUNDED WORKFORCE DEVELOPMENT  PROGRAMS,
 AN  APPRENTICESHIP PROGRAM REGISTERED WITH THE DEPARTMENT OR A FEDERALLY
 RECOGNIZED STATE  APPRENTICESHIP  AGENCY  AND  THAT  COMPLIES  WITH  THE
 REQUIREMENTS  UNDER  PARTS  29 AND 30 OF TITLE 29, CODE OF FEDERAL REGU-
 LATIONS; AND
   (II) INCLUDE PRE-APPRENTICESHIP COMMITMENTS TO PROVIDE  TRAINING  THAT
 HELPS  PARTICIPANTS  IN APPRENTICESHIP PROGRAMS PREPARE FOR AND SUCCESS-
 FULLY COMPLETE THEIR TRAINING.
   3. APPLICATION PROCESS. THIS SECTION SHALL APPLY TO ALL  CONTRACTS  AS
 DEFINED IN THIS SECTION.
   (A)  IN  AWARDING  CONTRACTS  UNDER THIS SECTION, AWARDING AUTHORITIES
 SHALL UTILIZE THE BEST-VALUE FRAMEWORK FOR CONTRACTS.
   (B) AWARDING AUTHORITIES SHALL DEVELOP A  SYSTEM  FOR  AWARDING  EXTRA
 POINTS  AND/OR CREDIT FOR THOSE PROPOSERS THAT CREATE AND SUBMIT A LOCAL

 S. 4264--A                         20
 
 EMPLOYMENT PLAN OR U.S. EMPLOYMENT PLAN (DEPENDING ON  SOURCE  OF  FUND-
 ING).
   (C)  FINAL  CONTRACTS WITH A LOCAL EMPLOYMENT PLAN AND/OR U.S. EMPLOY-
 MENT PLAN THAT ARE AWARDED UNDER THIS SECTION SHALL REQUIRE  VENDORS  TO
 SUBMIT  QUARTERLY  REPORTS  WITHIN  THE  FIRST  YEAR OF AWARD AND ANNUAL
 REPORTS FOR SUBSEQUENT YEARS DEMONSTRATING VENDOR AND SUBVENDOR  COMPLI-
 ANCE WITH THEIR LOCAL EMPLOYMENT PLAN AND/OR U.S. EMPLOYMENT PLAN. THESE
 QUARTERLY AND ANNUAL REPORTS SHALL BE CERTIFIED UNDER PENALTY OF PERJURY
 AND  MUST  BE SUBMITTED IN ORDER TO RECEIVE MILESTONE PAYMENTS UNDER THE
 CONTRACT.
   (D) REQUESTS FOR PROPOSALS UNDER THIS SECTION SHALL SPECIFY THAT TERMS
 AND CONDITIONS OF EMPLOYMENT AND  COMPLIANCE  REPORTS  UNDER  THE  LOCAL
 EMPLOYMENT  PLAN AND/OR U.S. EMPLOYMENT PLAN ARE NOT EXEMPT FROM DISCLO-
 SURE UNDER THE FREEDOM OF  INFORMATION  LAW.  QUARTERLY  AND  SUBSEQUENT
 ANNUAL  REPORTS RELATED TO CONTRACT FULFILLMENT WILL BE SHARED ONLINE ON
 THE AWARDING AUTHORITY'S WEB SITE.
   (E) THE AWARDING AUTHORITY SHALL ENACT REGULATIONS CREATING FORMS  FOR
 COMPLETION OF THE LOCAL EMPLOYMENT PLAN AND/OR U.S. EMPLOYMENT PLAN THAT
 THE  AWARDING  AUTHORITY  WILL  INCLUDE  WITH REQUESTS FOR PROPOSALS FOR
 CONTRACTS.
   § 6. Section 231 of the labor law is amended by adding a new  subdivi-
 sion 8 to read as follows:
   8.  BUILDING  SERVICE  EMPLOYEES  EMPLOYED IN ANY BUILDING OR FACILITY
 THAT HAS RECEIVED GRANTS  OR  TAX  ABATEMENTS  OR  EXEMPTIONS  OR  OTHER
 ASSISTANCE  WITH  A TOTAL PRESENT FINANCIAL VALUE OF ONE MILLION DOLLARS
 OR MORE FOR THE INCREASE OF ENERGY EFFICIENCY, BUILDING  ELECTRIFICATION
 UPGRADES, THE DEVELOPMENT OF RENEWABLE ENERGIES, OR CLIMATE CHANGE RESI-
 LIENCY  SHALL  BE  PAID  NOT  LESS  THAN  THE PREVAILING WAGE. EMPLOYERS
 ENGAGED IN THE PROVISION OF BUILDING SERVICE WORK SHALL  BE  SUBJECT  TO
 ALL THE REPORTING AND COMPLIANCE REQUIREMENTS OF THIS ARTICLE, INCLUDING
 THE  RIGHT TO MAINTAIN AN ACTION FOR THE DIFFERENCE BETWEEN THE PREVAIL-
 ING WAGES AND THE WAGES ACTUALLY RECEIVED. THE PREVAILING WAGE  REQUIRE-
 MENT  SHALL  APPLY FOR THE DURATION OF THE ASSISTANCE OR TEN YEARS AFTER
 THE PROJECT OPENS, WHICHEVER IS LONGER.
   § 7. Article 8 of the public authorities law is amended  by  adding  a
 new title 9-C to read as follows:

                                 TITLE 9-C
                      CLIMATE CHANGE JUST TRANSITION
                                SUBTITLE I
                            GENERAL PROVISIONS
 SECTION 1910. DEFINITIONS.
         1911. COORDINATION OF PROGRAMS.
         1912. TRANSPARENCY AND ACCOUNTABILITY.
         1913. REPORT ON COMMUNITY OWNERSHIP.
 
                                SUBTITLE II
                         COMMUNITY JUST TRANSITION
 SECTION 1914. DEFINITIONS.
         1915. OFFICE OF COMMUNITY JUST TRANSITION.
         1916. ESTABLISHMENT OF COMMUNITY JUST TRANSITION PROGRAM.
         1917. ADMINISTRATION BY THE AUTHORITY.
         1918. ALLOCATION OF FUNDS.
         1919. SELECTION PROCESS.
         1920. IDENTIFICATION OF DISADVANTAGED COMMUNITY NEEDS.
         1921. COMMUNITY DECISION-MAKING AND ACCOUNTABILITY MECHANISMS.

 S. 4264--A                         21
 
         1922. CRITERIA  FOR  IMPLEMENTING COMMUNITY ACCOUNTABILITY MECH-
                 ANISMS.
         1923. CONSULTATION WITH THE WORKING GROUP.
 
                               SUBTITLE III
                      CLIMATE JOBS AND INFRASTRUCTURE
 SECTION 1924. DEFINITIONS.
         1925. ESTABLISHMENT OF CLIMATE JOBS AND INFRASTRUCTURE PROGRAM.
         1926. ADMINISTRATION BY THE AUTHORITY.
         1927. ALLOCATION OF FUNDS.
         1928. FUNDING INSTRUMENTS.
         1929. SELECTION PROCESS AND CRITERIA.
         1930. CONSULTATION WITH THE ADVISORY COUNCIL.
         1931. COMPREHENSIVE APPROACH TO EXISTING STRUCTURES.
         1932. ADVISORY  COUNCIL  OF  THE CLIMATE JOBS AND INFRASTRUCTURE
                 PROGRAM.
 
                                SUBTITLE IV
       JUST TRANSITION FOR IMPACTED WORKERS AND COMMUNITY ASSURANCE
 SECTION 1933.   DEFINITIONS.
         1934.   ESTABLISHMENT OF WORKER AND COMMUNITY ASSURANCE BOARD.
         1935.   ESTABLISHMENT OF WORKER ASSURANCE PROGRAM.
         1936.   ESTABLISHMENT OF COMMUNITY ASSURANCE PROGRAM.
         1937.   ADMINISTRATION.
         1938.   ALLOCATION OF FUNDS.
         1939.   SELECTION PROCESS.
         1939-A. DESIGNATION OF SIGNIFICANT IMPACT.
         1939-B. PUBLIC ENGAGEMENT AND SOCIAL DIALOGUE.
         1939-C. REPORTING.
   § 1910. DEFINITIONS. FOR THE PURPOSES OF THIS SUBTITLE, THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "ADVISORY  COUNCIL"  MEANS  THE ADVISORY COUNCIL ESTABLISHED UNDER
 SECTION NINETEEN HUNDRED THIRTY-TWO OF THIS TITLE.
   2. "AUTHORITY" MEANS THE CLIMATE AND COMMUNITY INVESTMENT AUTHORITY.
   3. "COMMUNITY OWNERSHIP" MEANS PROJECTS, BUSINESSES AND  LEGAL  MODELS
 IN  REGARD TO RENEWABLE ENERGY ASSETS AND SERVICES THAT ALLOW FOR ONE OR
 MORE OF THE FOLLOWING:
   (A) THE FLOW OF BENEFITS FROM ENERGY GENERATION AND CONSERVATION  GOES
 DIRECTLY  TO  COMMUNITIES  AND  UTILITY  CUSTOMERS  WHILE MINIMIZING THE
 EXTRACTION OF BENEFITS AND PROFIT BY THIRD-PARTIES;
   (B) ACCESS TO ENERGY INFRASTRUCTURE OWNERSHIP, INCLUDING ENERGY  EFFI-
 CIENCY  MEASURES  AND SAVINGS, BY RENTERS, NON-PROFIT ORGANIZATIONS, AND
 INDIVIDUALS WITH A BROADER SPECTRUM OF INCOME AND CREDIT  PROFILES  THAN
 TRADITIONAL FINANCING ALLOWS FOR;
   (C)  CREATION  OF  COOPERATIVE AND COOPERATIVE-LIKE STRUCTURES FOR THE
 DEVELOPMENT AND OWNERSHIP OF ENERGY INFRASTRUCTURE; AND
   (D) OWNERSHIP BY INDIVIDUALS OR ORGANIZATIONS THAT ARE LOCATED WHERE A
 PROJECT IS SITED.
   4. "CONSTITUENCY-BASED ORGANIZATION" MEANS  AN  ORGANIZATION  INCORPO-
 RATED  FOR  THE  PURPOSE  OF  PROVIDING  SERVICES OR OTHER ASSISTANCE TO
 ECONOMICALLY OR SOCIALLY DISADVANTAGED PERSONS WITHIN A SPECIFIED COMMU-
 NITY, AND WHICH IS SUPPORTED BY,  OR  WHOSE  ACTIONS  ARE  DIRECTED  BY,
 MEMBERS OF THE COMMUNITY IN WHICH IT OPERATES.
   5.  "DIRECTOR"  MEANS  THE DIRECTOR OF AN OFFICE APPOINTED UNDER PARA-
 GRAPH (B) OF SUBDIVISION SEVEN OF SECTION TWENTY-SEVEN  HUNDRED  NINETY-
 NINE-UUUU OF THIS ARTICLE.

 S. 4264--A                         22
 
   6.  "DISADVANTAGED COMMUNITIES" MEANS COMMUNITIES THAT BEAR BURDENS OF
 NEGATIVE PUBLIC HEALTH EFFECTS, ENVIRONMENTAL POLLUTION, AND IMPACTS  OF
 CLIMATE  CHANGE,  AND POSSESS CERTAIN SOCIOECONOMIC CRITERIA, AS IDENTI-
 FIED PURSUANT TO SECTION 75-0111 OF THE ENVIRONMENTAL CONSERVATION LAW.
   7.  "DOWNSTATE  REGION" MEANS THE COUNTIES OF RICHMOND, KINGS, QUEENS,
 NEW YORK, BRONX, WESTCHESTER, NASSAU AND SUFFOLK.
   8. "EMISSIONS LEAKAGE" MEANS AN INCREASE IN EMISSIONS OUTSIDE  OF  THE
 STATE,  AS  A  RESULT  OF, OR IN CORRELATION WITH, THE IMPLEMENTATION OF
 MEASURES WITHIN THE STATE TO LIMIT SUCH EMISSIONS.
   9. "GREENHOUSE GAS" SHALL HAVE THE  SAME  MEANING  AS  IN  SUBDIVISION
 EIGHT OF SECTION 19-1301 OF THE ENVIRONMENTAL CONSERVATION LAW.
   10.  "OFFICE"  MEANS  THE  OFFICE  OF CLIMATE AND COMMUNITY INVESTMENT
 ESTABLISHED UNDER THIS TITLE.
   11. "MUNICIPALITY" SHALL HAVE THE SAME MEANING AS IN  SUBDIVISION  SIX
 OF SECTION FOUR HUNDRED EIGHTY-ONE OF THE EXECUTIVE LAW.
   12.  "REGULATED  AIR  CONTAMINANT"  SHALL  HAVE THE SAME MEANING AS IN
 SUBDIVISION TWENTY-TWO OF SECTION 19-0107 OF THE ENVIRONMENTAL CONSERVA-
 TION LAW.
   13. "PRESIDENT" MEANS THE PRESIDENT OF THE AUTHORITY.
   14. "TRIBAL NATION" MEANS THOSE TRIBES,  NATIONS  OR  OTHER  ORGANIZED
 GROUPS OF PERSONS HAVING ORIGINS IN ANY OF THE ORIGINAL PEOPLES OF NORTH
 AMERICA  RECOGNIZED  IN THE STATE OR CONSIDERED BY THE FEDERAL SECRETARY
 OF THE INTERIOR TO BE A TRIBAL NATION, INCLUDING THE FOLLOWING NEW  YORK
 STATE TRIBAL NATIONS: CAYUGA NATION, ONEIDA NATION OF NEW YORK, ONONDAGA
 NATION, POOSPATUCK OR UNKECHAUGE NATION, SAINT REGIS MOHAWK TRIBE, SENE-
 CA NATION OF INDIANS, SHINNECOCK INDIAN NATION, TONAWANDA BAND OF SENECA
 AND TUSCARORA NATION.
   15.  "UPSTATE  REGION"  MEANS ALL NEW YORK COUNTIES OTHER THAN NASSAU,
 SUFFOLK, RICHMOND, KINGS, QUEENS, NEW YORK, BRONX AND WESTCHESTER.
   16. "WORKING GROUP" MEANS THE CLIMATE JUSTICE  WORKING  GROUP  CREATED
 PURSUANT TO SECTION 75-0111 OF THE ENVIRONMENTAL CONSERVATION LAW.
   §  1911.    COORDINATION  OF  PROGRAMS.  THE AUTHORITY SHALL UNDERTAKE
 ACTIONS TO ENSURE MAXIMUM COORDINATION  BETWEEN  EACH  OF  THE  PROGRAMS
 CREATED  UNDER  SECTION THREE THOUSAND FORTY-SIX OF THE TAX LAW, INCLUD-
 ING:
   1. CONDUCTING EACH PROGRAM SUCH THAT ALL THREE PROGRAMS TOGETHER:
   (A) MAXIMIZE THE TOTAL ECONOMIC AND SOCIAL BENEFITS TO NEW YORK;
   (B) MAXIMIZE ADMINISTRATIVE EFFICIENCY;
   (C) ACHIEVE  THE  MOST  COST-EFFECTIVE  AND  THE  GREATEST  AMOUNT  OF
 REDUCTIONS IN GREENHOUSE GAS EMISSIONS AND REGULATED AIR CONTAMINANTS;
   (D) ACHIEVE AN EQUITABLE DISTRIBUTION OF FUNDS;
   (E) MAXIMIZE BENEFITS TO DISADVANTAGED COMMUNITIES;
   (F) ENCOURAGE EARLY ACTION TO REDUCE EMISSIONS;
   (G) MINIMIZE EMISSIONS LEAKAGE;
   (H) PROMOTE EQUITABLE ACCESS TO PROGRAM PARTICIPATION ACROSS PROGRAMS,
 INCLUDING  INTEROPERABILITY  WITH  EXISTING  PROGRAMS  AND  THE  USE  OF
 UNIVERSAL ELIGIBILITY APPLICATIONS FOR LOW-INCOME APPLICANTS WHO MAY  BE
 ELIGIBLE FOR MULTIPLE SERVICES; AND
   (I)  IDENTIFY AND UTILIZE BEST INDUSTRY STANDARD PRACTICES TO OVERCOME
 BARRIERS TO IMPLEMENTATION, SUCH AS SPLIT INCENTIVES  FOR  ENERGY  EFFI-
 CIENCY.
   2.  NOT  LESS  THAN  TWO TIMES ANNUALLY, THE AUTHORITY SHALL CONVENE A
 MEETING THAT INCLUDES THE PRESIDENT, THE WORKING GROUP, AND THE ADVISORY
 COUNCIL, TO DISCUSS OPTIONS FOR IMPROVING THE COORDINATION OF THE  THREE
 PROGRAMS.

 S. 4264--A                         23
 
   3.  IN  CONSULTING  WITH  THE  WORKING  GROUP AND THE ADVISORY COUNCIL
 PURSUANT TO THIS SECTION, THE AUTHORITY SHALL ADHERE  TO  THE  FOLLOWING
 PROCEDURES:
   (A)  THE  AUTHORITY  SHALL  PROVIDE, TO ALL WORKING GROUP AND ADVISORY
 COUNCIL MEMBERS, NOTICE OF MEETINGS NOT LESS THAN THIRTY DAYS BEFORE THE
 DATE OF THE MEETING; AND
   (B) THE AUTHORITY SHALL PROVIDE, TO ALL  WORKING  GROUP  AND  ADVISORY
 COUNCIL  MEMBERS,  ELECTRONIC  COPIES  OR  HARD COPIES OF ANY WRITTEN OR
 OTHER INFORMATIONAL MATERIALS TO BE DISCUSSED AT  A  GIVEN  MEETING  NOT
 LESS THAN THIRTY DAYS PRIOR TO THE DATE OF THAT MEETING.
   §  1912.  TRANSPARENCY AND ACCOUNTABILITY.  1. NO LATER THAN TWO YEARS
 FOLLOWING THE EFFECTIVE DATE OF THIS TITLE, AND EVERY TWO  YEARS  THERE-
 AFTER,  THE  PRESIDENT,  IN  PARTNERSHIP  WITH  THE WORKING GROUP, SHALL
 PRODUCE A REPORT ON THE IMPLEMENTATION OF THE PROGRAMS ESTABLISHED UNDER
 THIS TITLE AND THE EXTENT TO WHICH  PROGRAM  IMPLEMENTATION  IS  MEETING
 STATED  PROGRAM  GOALS AND PRIORITIES. SUCH REPORT SHALL INCLUDE BUT NOT
 BE LIMITED TO:
   (A) FOR THE PROGRAM UNDER SUBTITLE TWO OF THIS TITLE:
   (I) THE EXTENT TO WHICH NEEDS IDENTIFIED IN THE NEEDS  ASSESSMENT  ARE
 BEING MET;
   (II)  THE EFFECTIVENESS OF PROJECTS FUNDED UNDER THE PROGRAM IN REDUC-
 ING EMISSIONS OF GREENHOUSE GAS AND REGULATED AIR CONTAMINANTS;
   (III) THE EFFECTIVENESS OF PROJECTS FUNDED UNDER THE PROGRAM IN REDUC-
 ING THE ENERGY BURDENS OF HOUSEHOLDS IN DISADVANTAGED COMMUNITIES;
   (IV) THE GEOGRAPHIC DISTRIBUTION OF GRANTS MADE UNDER THE PROGRAM;
   (V) BARRIERS REPORTED BY ELIGIBLE APPLICANTS IN DEVELOPING COMPETITIVE
 PROPOSALS AND RECEIVING FUNDING;
   (VI) THE JOBS CREATED AS A  RESULT  OF  FUNDS  DISTRIBUTED  UNDER  THE
 PROGRAM BY TYPE, DURATION, AND PAY SCALE; AND
   (VII) THE NUMBER OF PROJECTS FUNDED THAT ARE COMMUNITY-OWNED OR INCOR-
 PORATE  COMMUNITY OWNERSHIP, INCLUDING AN ASSESSMENT OF CONTINUED BARRI-
 ERS TO COMMUNITY OWNERSHIP.
   (B) FOR THE PROGRAM UNDER SUBTITLE THREE OF THIS TITLE:
   (I) THE NUMBER OF JOBS CREATED BY THE PROGRAM;
   (II) THE EFFECTIVENESS OF PROJECTS FUNDED UNDER THE PROGRAM IN  REDUC-
 ING EMISSIONS OF GREENHOUSE GAS AND REGULATED AIR CONTAMINANTS;
   (III)  THE EXTENT TO WHICH PROJECTS FUNDED UNDER THE PROGRAM LEVERAGED
 ADDITIONAL PRIVATE INVESTMENT;
   (IV) THE NUMBER OF MINORITY AND  WOMEN-OWNED  BUSINESSES  INVOLVED  IN
 PROJECTS FUNDED UNDER THE PROGRAM AS LEAD CONTRACTORS OR SUBCONTRACTORS,
 AND BARRIERS TO INVOLVEMENT BY SUCH BUSINESSES;
   (V) THE EFFECTIVENESS OF PROJECTS FUNDED UNDER THE PROGRAM IN REDUCING
 ENERGY  BURDENS  OF  HOUSEHOLDS,  INCLUDING  HOUSEHOLDS IN DISADVANTAGED
 COMMUNITIES; AND
   (VI) THE IMPACT OF THE PROGRAM ON DISADVANTAGED COMMUNITIES, INCLUDING
 THE IMPACT ON THE ELDERLY, YOUTH, WOMEN AND CHILDREN.
   (C) FOR THE PROGRAM UNDER ARTICLES FORTY-TWO AND  FORTY-THREE  OF  THE
 TAX LAW:
   (I)  THE  ACTUAL  COSTS  OF  THE  FEE AS COMPARED TO THE AMOUNT OF THE
 REBATE;
   (II) THE OVERALL NET COST TO HOUSEHOLDS; AND
   (III) THE RATE OF PARTICIPATION IN THE PROGRAM BY ELIGIBLE  HOUSEHOLDS
 AND THE BARRIERS TO PARTICIPATION, IF ANY.
   2.  BEFORE  FINALIZING THE REPORT DESCRIBED IN SUBDIVISION ONE OF THIS
 SECTION, THE PRESIDENT SHALL ENSURE THAT THERE ARE  MEANINGFUL  OPPORTU-
 NITIES FOR PUBLIC PARTICIPATION, INCLUDING BY:

 S. 4264--A                         24
 
   (A)  ALLOWING  AT  LEAST ONE HUNDRED TWENTY DAYS FOR THE SUBMISSION OF
 PUBLIC COMMENT, FOLLOWING THE DATE OF THE PUBLICATION OF A DRAFT REPORT;
 AND
   (B)  HOLDING  AT  LEAST  FOUR  REGIONAL PUBLIC HEARINGS, INCLUDING TWO
 MEETINGS IN THE UPSTATE REGION AND TWO MEETINGS IN THE DOWNSTATE REGION,
 WITH EMPHASIS ON MAXIMIZING PARTICIPATION AND ACCESSIBILITY FOR  MEMBERS
 OF DISADVANTAGED COMMUNITIES.
   3.  THE FINAL REPORT SHALL BE SUBMITTED TO THE GOVERNOR, THE TEMPORARY
 PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEAD-
 ER OF THE SENATE AND THE MINORITY LEADER OF THE ASSEMBLY, AND  SHALL  BE
 POSTED ON THE WEBSITE OF THE AUTHORITY.
   §  1913.  REPORT  ON COMMUNITY OWNERSHIP.  1. NOT LATER THAN TWO YEARS
 FOLLOWING THE EFFECTIVE DATE OF THIS SUBTITLE, AND EVERY TWO YEARS THER-
 EAFTER, THE AUTHORITY, WITH INPUT FROM THE WORKING GROUP, THE DEPARTMENT
 OF LABOR, THE STATE ENERGY PLANNING BOARD AND THE DEPARTMENT OF ENVIRON-
 MENTAL CONSERVATION, SHALL PRODUCE A REPORT ON BARRIERS TO, AND OPPORTU-
 NITIES FOR, COMMUNITY OWNERSHIP, INCLUDING:
   (A) A STUDY OF CONTRACTUAL AND PRICING MECHANISMS THAT MAKE SITING AND
 OWNERSHIP OF RENEWABLE  ENERGY  ASSETS  AND  SERVICES  IN  DISADVANTAGED
 COMMUNITIES MORE VIABLE AND SCALABLE.
   (B)  RECOMMENDATIONS  ON HOW TO INCREASE COMMUNITY OWNERSHIP IN DISAD-
 VANTAGED COMMUNITIES OF THE FOLLOWING SERVICES AND COMMODITIES:
   (I) DISTRIBUTED RENEWABLE ENERGY GENERATION;
   (II) UTILITY SCALE RENEWABLE ENERGY GENERATION;
   (III) ENERGY EFFICIENCY AND WEATHERIZATION INVESTMENTS; AND
   (IV) ELECTRIC GRID INVESTMENTS, INCLUDING  ENERGY  STORAGE  AND  SMART
 METERS.
   2.  BEFORE  FINALIZING THE REPORT DESCRIBED IN SUBDIVISION ONE OF THIS
 SECTION, THE PRESIDENT SHALL ENSURE THAT THERE ARE  MEANINGFUL  OPPORTU-
 NITIES FOR PUBLIC PARTICIPATION, INCLUDING BY:
   (A)  ALLOWING  AT  LEAST ONE HUNDRED TWENTY DAYS FOR THE SUBMISSION OF
 PUBLIC COMMENT, FOLLOWING THE DATE OF THE PUBLICATION OF A DRAFT REPORT;
 AND
   (B) HOLDING AT LEAST FOUR  REGIONAL  PUBLIC  HEARINGS,  INCLUDING  TWO
 MEETINGS IN THE UPSTATE REGION AND TWO MEETINGS IN THE DOWNSTATE REGION,
 WITH  EMPHASIS ON MAXIMIZING PARTICIPATION AND ACCESSIBILITY FOR MEMBERS
 OF DISADVANTAGED COMMUNITIES.
   3. THE FINAL REPORT SHALL BE SUBMITTED TO THE GOVERNOR, THE  TEMPORARY
 PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEAD-
 ER  OF  THE SENATE AND THE MINORITY LEADER OF THE ASSEMBLY, AND SHALL BE
 POSTED ON THE WEBSITE OF THE AUTHORITY.
   § 1914. DEFINITIONS. FOR THE PURPOSES OF THIS SUBTITLE, THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "DISADVANTAGED  COMMUNITIES"  SHALL  HAVE  THE  SAME MEANING AS IN
 SUBDIVISION THREE OF SECTION 75-0111 OF THE  ENVIRONMENTAL  CONSERVATION
 LAW.
   2.  "ELIGIBLE  LEAD APPLICANT" MEANS A CONSTITUENCY-BASED ORGANIZATION
 OR A TRIBAL NATION, IN OR SERVING A DISADVANTAGED COMMUNITY OR  COMMUNI-
 TIES.  NOTWITHSTANDING  THE  PRECEDING  SENTENCE,  A  CONSTITUENCY-BASED
 ORGANIZATION OR TRIBAL NATION MAY BE AN ELIGIBLE LEAD APPLICANT, WHETHER
 OR NOT IT IS IN OR SERVING A DISADVANTAGED COMMUNITY OR COMMUNITIES,  IF
 IT MAKES AN APPLICATION FOR FUNDING ON BEHALF OF ONE OR MORE CONSTITUEN-
 CY-BASED  ORGANIZATIONS  OR TRIBAL NATIONS THAT ARE IN OR SERVING ONE OR
 MORE DISADVANTAGED COMMUNITIES WITH THE CONSENT  OF  SUCH  CONSTITUENCY-
 BASED  ORGANIZATION  OR  ORGANIZATIONS  OR  TRIBAL NATION OR NATIONS AND
 SUBGRANTS TO SUCH CONSTITUENCY-BASED ORGANIZATION  OR  ORGANIZATIONS  OR

 S. 4264--A                         25
 
 TRIBAL  NATION  OR  NATIONS. A MUNICIPALITY OR COUNTY WHERE A PROJECT IS
 PROPOSED TO BE LOCATED SHALL ALSO BE CONSIDERED AN ELIGIBLE LEAD  APPLI-
 CANT  IF  IT AFFIRMS THAT THERE IS NO CONSTITUENCY-BASED ORGANIZATION OR
 TRIBAL NATION IN OR SERVING THE DISADVANTAGED COMMUNITY OR THAT IS WILL-
 ING OR ABLE TO SUBMIT AN APPLICATION OR CONSENT TO BE A SUBGRANTEE UNDER
 THIS  SUBDIVISION,  AND  THAT  IT  PROVIDED A REASONABLE OPPORTUNITY FOR
 RESIDENTS AND ORGANIZATIONS IN OR SERVING THE MUNICIPALITY OR COUNTY  TO
 COMMENT ON THE APPLICATION PRIOR TO SUBMISSION.
   3.  "ELIGIBLE  SUB-APPLICANTS" MEANS PRIVATE SECTOR ENTITIES, ACADEMIC
 INSTITUTIONS, NON-PROFIT ORGANIZATIONS, OTHER STAKEHOLDERS, AND  MUNICI-
 PALITIES  AND  COUNTIES  IN  CASES  WHERE  THERE IS A CONSTITUENCY-BASED
 ORGANIZATION IN THE DISADVANTAGED COMMUNITY OR COMMUNITIES.
   4. "FUND" MEANS THE COMMUNITY JUST TRANSITION FUND  ESTABLISHED  UNDER
 SUBDIVISION ONE OF SECTION THREE THOUSAND FORTY-SIX OF THE TAX LAW.
   5.  "MINORITY-  OR  WOMEN-OWNED  BUSINESS  ENTERPRISE"  MEANS EITHER A
 "MINORITY-OWNED BUSINESS ENTERPRISE" AS DEFINED IN SUBDIVISION SEVEN  OF
 SECTION  THREE HUNDRED TEN OF THE EXECUTIVE LAW, OR A "WOMEN-OWNED BUSI-
 NESS ENTERPRISE", AS DEFINED IN SUBDIVISION FIFTEEN OF SUCH SECTION.
   6. "WORKING GROUP" MEANS THE CLIMATE JUSTICE WORKING GROUP ESTABLISHED
 UNDER SECTION 75-0111 OF THE ENVIRONMENTAL CONSERVATION LAW.
   7. "PROGRAM" MEANS THE COMMUNITY JUST TRANSITION  PROGRAM  ESTABLISHED
 UNDER THIS SUBTITLE.
   8.  "COMMUNITY  OWNERSHIP" SHALL HAVE THE SAME MEANING AS SET FORTH IN
 SUBDIVISION THREE OF SECTION NINETEEN HUNDRED TEN OF THIS TITLE.
   9. "DOWNSTATE REGION" MEANS THE COUNTIES OF RICHMOND,  KINGS,  QUEENS,
 NEW YORK, BRONX, WESTCHESTER, NASSAU AND SUFFOLK.
   10.  "UPSTATE  REGION"  MEANS ALL NEW YORK COUNTIES OTHER THAN NASSAU,
 SUFFOLK, RICHMOND, KINGS, QUEENS, NEW YORK, BRONX AND WESTCHESTER.
   § 1915. OFFICE OF COMMUNITY JUST TRANSITION. 1.  THE  AUTHORITY  SHALL
 ESTABLISH,  NOT  LATER  THAN SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS
 SUBTITLE, THE "OFFICE OF COMMUNITY JUST TRANSITION".  SUCH  OFFICE  WILL
 ADMINISTER  THE  FUND  AND  THE PROGRAM, AMONG OTHER DUTIES. SUCH OFFICE
 SHALL BE RESPONSIBLE FOR IMPLEMENTING  NEW,  PROGRESSIVE  AND  EQUITABLE
 GRANT OPPORTUNITIES THAT SUPPORT DISADVANTAGED COMMUNITIES TRANSITIONING
 TO  A REGENERATIVE RENEWABLE ENERGY ECONOMY. THE OFFICE WILL COLLABORATE
 WITH THE WORKING GROUP TO DEVELOP AND ASSESS PROGRAMS.
   2. THE OFFICE WILL ABIDE BY THE PRINCIPLES OF  ENVIRONMENTAL  JUSTICE,
 INCLUDING  THE  1994 FEDERAL EXECUTIVE ORDER 12898 (IN RELATION TO ENVI-
 RONMENTAL JUSTICE) AND THE JEMEZ PRINCIPLES  OF  DEMOCRATIC  ORGANIZING.
 SUCH  PRINCIPLES  SHALL INCLUDE: BEING INCLUSIVE; PLACING AN EMPHASIS ON
 BOTTOM-UP ORGANIZING;  LETTING  PEOPLE  SPEAK  FOR  THEMSELVES;  WORKING
 TOGETHER  IN SOLIDARITY AND MUTUALITY; BUILDING JUST RELATIONSHIPS AMONG
 OURSELVES; AND MAKING A COMMITMENT TO SELF-TRANSFORMATION.
   3. THE OFFICE SHALL BE LED BY A DIRECTOR. NOT LATER  THAN  SIX  MONTHS
 AFTER  THE FORMATION OF THE WORKING GROUP, THE WORKING GROUP SHALL NOMI-
 NATE NOT LESS THAN THREE CANDIDATES FOR THE POSITION OF DIRECTOR.    NOT
 LATER  THAN  THREE  MONTHS  AFTER THE WORKING GROUP HAS NOMINATED CANDI-
 DATES, THE PRESIDENT SHALL SELECT THE DIRECTOR FROM THIS GROUP OF CANDI-
 DATES.
   § 1916. ESTABLISHMENT OF COMMUNITY JUST TRANSITION PROGRAM.  THERE  IS
 HEREBY  ESTABLISHED  WITHIN  THE  AUTHORITY, A COMMUNITY JUST TRANSITION
 PROGRAM, TO BE IMPLEMENTED BY THE DIRECTOR. THE PURPOSE OF  THE  PROGRAM
 IS TO DISBURSE FUNDS FROM THE COMMUNITY JUST TRANSITION FUND PURSUANT TO
 SECTION NINETEEN HUNDRED EIGHTEEN OF THIS SUBTITLE.
   §  1917.  ADMINISTRATION  BY  THE  AUTHORITY. WITHIN SIX MONTHS OF THE
 EFFECTIVE DATE OF THIS SUBTITLE, THE AUTHORITY IS HEREBY AUTHORIZED  AND

 S. 4264--A                         26
 
 DIRECTED  TO  ESTABLISH  AND  ADMINISTER  THE  COMMUNITY JUST TRANSITION
 PROGRAM. THE AUTHORITY SHALL IMPLEMENT THE PROGRAM IN CONSULTATION  WITH
 THE WORKING GROUP. THE AUTHORITY IS AUTHORIZED AND DIRECTED TO:
   1.  USE  MONIES  MADE  AVAILABLE FOR THE PROGRAM, PURSUANT TO SECTIONS
 NINETEEN HUNDRED EIGHTEEN AND NINETEEN HUNDRED NINETEEN OF  THIS  SUBTI-
 TLE;
   2.  ENTER  INTO CONTRACTS WITH ELIGIBLE LEAD APPLICANTS AND SUB-APPLI-
 CANTS THROUGH A COMPETITIVE SELECTION PROCESS;
   3. RECOVER FROM THE MONIES MADE AVAILABLE  FOR  THE  PROGRAM,  NOT  IN
 EXCESS  OF  TWO  PERCENT  OF ANNUAL FUND PROCEEDS, ITS OWN NECESSARY AND
 DOCUMENTED  COSTS  INCURRED  IN  ADMINISTERING  THE  PROGRAM,  INCLUDING
 PROGRAM  EVALUATION,  COMPENSATION  FOR  MEMBERS  OF  THE WORKING GROUP,
 COMPENSATION FOR AT LEAST ONE FULL-TIME AUTHORITY STAFF PERSON DEDICATED
 TO SUPPORTING THE WORKING GROUP; AND
   4. EXERCISE SUCH OTHER POWERS AS ARE NECESSARY FOR THE PROPER ADMINIS-
 TRATION OF THE PROGRAM.
   § 1918. ALLOCATION OF FUNDS. 1. FUNDS FROM THE COMMUNITY JUST  TRANSI-
 TION  FUND  SHALL  BE  DISBURSED  THROUGH DIRECT GRANTS TO ELIGIBLE LEAD
 APPLICANTS.
   2. AT LEAST SEVENTY-FIVE PERCENT OF  FUNDS  FROM  THE  COMMUNITY  JUST
 TRANSITION FUND SHALL BE FOR PROJECTS PHYSICALLY LOCATED WITHIN A DESIG-
 NATED DISADVANTAGED COMMUNITY, OR FOR PROJECTS AS CLOSE TO SUCH COMMUNI-
 TY  AS IS PRACTICABLE, PROVIDED THAT A PROJECT NOT PHYSICALLY LOCATED IN
 THE DISADVANTAGED COMMUNITY SHALL ONLY BE  ELIGIBLE  FOR  FUNDING  UNDER
 THIS  SUBDIVISION  IF  THE  AUTHORITY  FINDS THAT IT IS IMPRACTICABLE TO
 LOCATE THE PROJECT IN SUCH DISADVANTAGED COMMUNITY OR THAT FUNDING  SUCH
 PROJECT IS IN THE BEST INTERESTS OF SUCH DISADVANTAGED COMMUNITY, TAKING
 INTO  ACCOUNT  SUCH  FACTORS  AS  THE  BURDENS OF NEGATIVE PUBLIC HEALTH
 EFFECTS, ENVIRONMENTAL POLLUTION AND THE IMPACTS OF CLIMATE CHANGES. ANY
 PROJECT FUNDED UNDER THIS SUBDIVISION SHALL ACHIEVE ONE OR MORE  OF  THE
 GOALS IN PARAGRAPH (A), (B) OR (C) OF THIS SUBDIVISION:
   (A)  MAXIMIZING GREENHOUSE GAS EMISSIONS REDUCTIONS, INCLUDING THROUGH
 THE COMPLETION OF PROJECTS, INCLUDING BUT NOT LIMITED TO:  ENERGY  EFFI-
 CIENCY  AND  ENERGY  DEMAND REDUCTION; RENEWABLE ENERGY; ENERGY STORAGE;
 RENEWABLE ENERGY-POWERED MICROGRIDS; ENERGY RESILIENCY; DEMAND RESPONSE;
 AND REDUCING URBAN HEAT ISLAND EFFECTS THROUGH VARIOUS  MEANS,  SUCH  AS
 THROUGH  THE  COMPLETION  OF URBAN FORESTRY, URBAN AGRICULTURE, OR GREEN
 INFRASTRUCTURE PROJECTS;
   (B) THE REDUCTION OF OTHER REGULATED AIR CONTAMINANTS  IN  CONJUNCTION
 WITH GREENHOUSE GAS EMISSIONS REDUCTIONS; AND
   (C)  COMMUNITY OWNERSHIP AND GOVERNANCE, INCLUDING THROUGH THE FUNDING
 OF PLANNING, DESIGN AND CONSTRUCTION OF COMMUNITY SOLAR INSTALLATION AND
 OTHER PROJECTS LISTED UNDER PARAGRAPH (A) OF THIS SUBDIVISION.
   3. UP TO TWENTY-FIVE PERCENT OF FUNDS FROM THE COMMUNITY JUSTICE TRAN-
 SITION FUND MAY BE USED FOR PROJECTS OTHER THAN AS SPECIFIED IN SUBDIVI-
 SION TWO OF THIS SECTION, BUT MUST PROVIDE AT LEAST ONE OF THE FOLLOWING
 BENEFITS TO ONE OR MORE DESIGNATED DISADVANTAGED COMMUNITIES:
   (A) REDUCING EMISSIONS FROM STATIONARY SOURCES, INCLUDING  THE  PERMA-
 NENT CLOSURE OF FOSSIL FUEL-FIRED POWER PLANTS, INCLUDING PEAKER-PLANTS,
 OR  WASTE-TO-ENERGY  PLANTS,  WITH  PRIORITY GIVEN TO REDUCING EMISSIONS
 FROM SOURCES THAT EMIT  POLLUTION  INTO  THE  AIRSHED  OF  DISADVANTAGED
 COMMUNITIES;
   (B) REDUCING THE FINANCIAL BURDEN OF ENERGY EXPENSES FOR DISADVANTAGED
 COMMUNITIES, INCLUDING THE REDUCING ENERGY COSTS THROUGH THE CREATION OF
 COMMUNITY-OWNED SOLAR ASSETS; AND

 S. 4264--A                         27

   (C) INCREASING AND SUPPORTING OPPORTUNITIES FOR COMMUNITY OWNERSHIP OF
 ENERGY  PROJECTS  BY  RESIDENTS  OF DISADVANTAGED COMMUNITIES, INCLUDING
 OWNERSHIP OF THE TYPE OF ENERGY PROJECTS SPECIFIED UNDER SUBDIVISION TWO
 OF THIS SECTION AND BY ESTABLISHING COMMUNITY-OWNED ENERGY COOPERATIVES.
   §  1919. SELECTION PROCESS.  1. THE DIRECTOR, IN CONSULTATION WITH THE
 WORKING GROUP, SHALL DEVELOP CRITERIA AND A  PROCESS  FOR  COMPETITIVELY
 SELECTING PROJECT PROPOSALS UNDER THIS SUBTITLE, IN ACCORDANCE WITH THIS
 SECTION AND SECTION NINETEEN HUNDRED EIGHTEEN OF THIS SUBTITLE.
   2. THE DIRECTOR, IN CONSULTATION WITH THE WORKING GROUP, SHALL COMPET-
 ITIVELY  SELECT  PROJECT PROPOSALS ACCORDING TO THE CRITERIA AND PROCESS
 ESTABLISHED UNDER SUBDIVISION THREE OF THIS SECTION.
   3. IN SELECTING PROJECTS AND DISTRIBUTING FUNDS,  THE  DIRECTOR  SHALL
 MEET THE STANDARDS IN PARAGRAPHS (A), (B), (C), (D), (E) AND (F) OF THIS
 SUBDIVISION.
   (A)  ALL  PROJECTS SHALL BE LED BY AN ELIGIBLE LEAD APPLICANT; PROVIDE
 BENEFITS TO DESIGNATED DISADVANTAGED COMMUNITIES;  COMPLY  WITH  SECTION
 NINETEEN  HUNDRED EIGHTEEN OF THIS SUBTITLE; INCORPORATE COMMUNITY DECI-
 SION-MAKING, PURSUANT TO SECTION NINETEEN  HUNDRED  TWENTY-ONE  OF  THIS
 SUBTITLE,  THROUGHOUT PROJECT PLANNING AND IMPLEMENTATION; AND PROVIDE A
 COMMUNITY ACCOUNTABILITY MECHANISM, PURSUANT TO SECTION NINETEEN HUNDRED
 TWENTY-TWO OF THIS SUBTITLE AND COMPLY WITH THE LABOR AND  JOB  PERFORM-
 ANCE STANDARDS IN THIS ACT.
   (B) PROGRAM FUNDS AS A WHOLE SHALL BE EQUITABLY DISTRIBUTED TO MEMBERS
 OF DISADVANTAGED COMMUNITIES, WITH ROUGHLY AN EVEN DISTRIBUTION OF FUNDS
 PER CAPITA AMONG DISADVANTAGED COMMUNITIES ACROSS THE STATE.
   (C)  COMMUNITIES  SHALL  BE  TARGETED  IN AREAS WHERE ENERGY COSTS ARE
 PARTICULARLY HIGH IN RELATION TO A MEASURE OF MEDIAN HOUSEHOLD INCOME AS
 DETERMINED BY THE AUTHORITY; OR WHICH HAVE BEEN DESIGNATED AS  A  NONAT-
 TAINMENT  AREA FOR ONE OR MORE POLLUTANTS PURSUANT TO SECTION 107 OF THE
 FEDERAL CLEAN AIR ACT (42 U.S.C. SECTION 7407).
   (D) THE DIRECTOR SHALL GIVE PREFERENCE IN AWARDS  TO  APPLICANTS  THAT
 INCLUDE  SIGNIFICANT  PARTICIPATION BY MINORITY- OR WOMEN-OWNED BUSINESS
 ENTERPRISES.
   (E) THE DIRECTOR SHALL GIVE PREFERENCE IN AWARDS  TO  APPLICANTS  THAT
 IMPLEMENT  MECHANISMS  TO  MAXIMIZE COMMUNITY OWNERSHIP, PURSUANT TO THE
 FINDINGS OF THE LATEST REPORT MANDATED BY SECTION NINETEEN HUNDRED THIR-
 TEEN OF THIS TITLE.
   (F) THE DIRECTOR SHALL GIVE PREFERENCE  IN  AWARDS  TO  PROJECTS  THAT
 WOULD  NOT  OTHERWISE  LIKELY  BE  COMPLETED  WITHOUT THE SUPPORT OF THE
 PROGRAM.
   4. THE DIRECTOR SHALL ENCOURAGE ELIGIBLE LEAD  APPLICANTS  TO  PROPOSE
 PROJECTS  IN  COLLABORATION WITH ELIGIBLE SUB-APPLICANTS AND COMPLY WITH
 HE LABOR AND JOB PERFORMANCE STANDARDS IN THIS ACT.
   5. THE DIRECTOR SHALL ANNUALLY ISSUE AT LEAST ONE AND  NOT  MORE  THAN
 FOUR  PROGRAM  OPPORTUNITY  NOTICES OR REQUESTS FOR PROPOSALS TO SOLICIT
 APPLICATIONS FROM ELIGIBLE LEAD APPLICANTS.
   6. THE DIRECTOR SHALL PRIORITIZE CREATING A STREAMLINED AND SIMPLIFIED
 APPLICATION AND  DISBURSEMENT  PROCESS  FOR  ELIGIBLE  LEAD  APPLICANTS,
 INCLUDING  BUT  NOT LIMITED TO, QUARTERLY AVAILABLE GRANT OPPORTUNITIES,
 AT LEAST QUARTERLY INFORMATION WEBINARS, AND PROVIDING OPPORTUNITIES FOR
 TECHNICAL ASSISTANCE TO NAVIGATE THE APPLICATION PROCESS.
   7. TO THE EXTENT  OTHERWISE  PERMITTED  BY  LAW,  THE  DIRECTOR  SHALL
 DISTRIBUTE FUNDS IN A MANNER THAT PROVIDES AT LEAST SEVENTY-FIVE PERCENT
 OF  EACH  AWARD  UP-FRONT,  TO ENSURE THAT ELIGIBLE LEAD APPLICANTS WITH
 LIMITED EXISTING BUDGETS ARE ABLE TO IMPLEMENT PROJECTS EFFECTIVELY.

 S. 4264--A                         28
 
   8. THE DIRECTOR SHALL CONSULT WITH THE DIVISION OF HOUSING AND  COMMU-
 NITY RENEWAL AND THE WORKING GROUP TO DEVELOP STRATEGIES TO MITIGATE ANY
 ADVERSE  ECONOMIC  IMPACT  OF  THE  PROGRAM  ON  TENANTS AND HOMEOWNERS,
 INCLUDING, BUT NOT LIMITED TO, RESIDENTS OF  RENT-REGULATED  HOUSING  OR
 RECIPIENTS  OF  HOUSING  SUBSIDIES  AND  RENT-BURDENED  HOUSEHOLDS;  AND
 ENHANCE LONG-TERM COMMUNITY COHESION WHILE PREVENTING GENTRIFICATION AND
 DISPLACEMENT.
   9. NOTHING IN THIS SUBTITLE SHALL PRECLUDE THE AUTHORITY FROM  PERMIT-
 TING  ELIGIBLE  LEAD  APPLICANTS  OR SUB-APPLICANTS TO USE PROGRAM FUNDS
 AWARDED UNDER THIS SUBTITLE IN CONJUNCTION WITH OTHER PUBLIC OR  PRIVATE
 FUNDING  AWARDED  FOR  OTHER PURPOSES, PROVIDING THAT THE LEAD APPLICANT
 CAN DEMONSTRATE, IN A MANNER  SUFFICIENT  TO  THE  AUTHORITY,  THAT  THE
 PROGRAM GOALS AND OTHER REQUIREMENTS OF THIS SUBTITLE WILL BE MET.
   §  1920.  IDENTIFICATION  OF  DISADVANTAGED  COMMUNITY  NEEDS.  1. THE
 AUTHORITY, IN COOPERATION WITH THE WORKING GROUP AND  THE  COMMISSIONERS
 OF  HEALTH,  LABOR AND ENVIRONMENTAL CONSERVATION, SHALL IDENTIFY DISAD-
 VANTAGED COMMUNITY NEEDS FOR THE PURPOSES OF IMPLEMENTING THIS SECTION.
   2. DISADVANTAGED COMMUNITY NEEDS SHALL BE IDENTIFIED, WITH  THE  INPUT
 OF  EXPERTS,  LOCAL GOVERNMENT REPRESENTATIVES, PUBLIC UTILITY REPRESEN-
 TATIVES, AND OTHER LOCAL STAKEHOLDERS, FOR EACH DISADVANTAGED  COMMUNITY
 OR SET OF DISADVANTAGED COMMUNITIES.
   3.  BEFORE  FINALIZING  THE LIST OF IDENTIFIED DISADVANTAGED COMMUNITY
 NEEDS PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE  AUTHORITY  SHALL
 ENSURE  THAT  THERE  ARE MEANINGFUL OPPORTUNITIES FOR PUBLIC COMMENT FOR
 ALL PERSONS WHO WILL BE IMPACTED  BY  THE  IDENTIFIED  NEEDS,  INCLUDING
 PERSONS LIVING IN AREAS THAT MAY BE IDENTIFIED AS DISADVANTAGED COMMUNI-
 TIES, INCLUDING BY:
   (A)  PUBLISHING  DRAFT  IDENTIFIED  DISADVANTAGED COMMUNITY NEEDS, AND
 MAKING SUCH INFORMATION AVAILABLE ON THE INTERNET;
   (B) HOLDING AT LEAST SIX REGIONAL PUBLIC HEARINGS ON THE DRAFT IDENTI-
 FIED DISADVANTAGED COMMUNITY NEEDS, INCLUDING THREE MEETINGS IN  UPSTATE
 REGIONS AND THREE MEETINGS IN DOWNSTATE REGIONS; AND
   (C)  ALLOWING  AT  LEAST ONE HUNDRED TWENTY DAYS FOR THE SUBMISSION OF
 PUBLIC COMMENT, FOLLOWING THE DATE OF THE PUBLICATION OF  DRAFT  IDENTI-
 FIED DISADVANTAGED COMMUNITY NEEDS DESCRIBED UNDER PARAGRAPH (A) OF THIS
 SUBDIVISION.
   4.  THE  AUTHORITY,  IN  COOPERATION  WITH  THE WORKING GROUP, AND THE
 COMMISSIONERS OF HEALTH, LABOR AND ENVIRONMENTAL CONSERVATION  OR  THEIR
 DESIGNEES,  SHALL  MEET  NO  LESS THAN ANNUALLY TO REVIEW THE IDENTIFIED
 DISADVANTAGED COMMUNITY NEEDS AND METHODS USED TO IDENTIFY  SUCH  NEEDS,
 AND MAY MODIFY SUCH METHODS TO INCORPORATE NEW DATA AND SCIENTIFIC FIND-
 INGS,  SUBJECT TO THE SAME PROCESS REQUIREMENTS LISTED UNDER SUBDIVISION
 THREE OF THIS SECTION.
   § 1921. COMMUNITY DECISION-MAKING AND  ACCOUNTABILITY  MECHANISMS.  1.
 THE AUTHORITY, IN COOPERATION WITH THE WORKING GROUP AND THE COMMISSION-
 ERS  OF  HEALTH,  LABOR  AND ENVIRONMENTAL CONSERVATION, SHALL ESTABLISH
 CRITERIA FOR APPROPRIATE COMMUNITY  DECISION-MAKING  PRACTICES  FOR  THE
 PURPOSES OF IMPLEMENTING THIS SECTION.
   2.  COMMUNITY  DECISION-MAKING  PRACTICES SHALL BE IDENTIFIED BASED ON
 CONSULTATIONS WITH CONSTITUENCY-BASED ORGANIZATIONS, MEMBERS  OF  DISAD-
 VANTAGED  COMMUNITIES, AND OTHER STAKEHOLDERS IDENTIFIED BY THE AUTHORI-
 TY.
   3. BEFORE FINALIZING THE CRITERIA FOR APPROPRIATE COMMUNITY  DECISION-
 MAKING  PRACTICES  PURSUANT  TO  SUBDIVISION  ONE  OF  THIS SECTION, THE
 AUTHORITY SHALL ENSURE  THAT  THERE  ARE  MEANINGFUL  OPPORTUNITIES  FOR
 PUBLIC  COMMENT  FOR  ALL  PERSONS WHO WILL BE IMPACTED BY THE CRITERIA,

 S. 4264--A                         29
 
 INCLUDING PERSONS LIVING IN AREAS THAT MAY BE  IDENTIFIED  AS  DISADVAN-
 TAGED COMMUNITIES, INCLUDING BY:
   (A)  PUBLISHING  DRAFT CRITERIA, AND MAKING SUCH INFORMATION AVAILABLE
 ON THE INTERNET;
   (B) HOLDING AT LEAST TEN REGIONAL PUBLIC HEARINGS ON THE DRAFT  CRITE-
 RIA, ONE IN EACH REGION; AND
   (C)  ALLOWING  AT  LEAST ONE HUNDRED TWENTY DAYS FOR THE SUBMISSION OF
 PUBLIC COMMENT, FOLLOWING THE DATE OF THE PUBLICATION OF DRAFT  CRITERIA
 DESCRIBED UNDER PARAGRAPH (A) OF THIS SUBDIVISION.
   4.  THE  AUTHORITY,  IN  COOPERATION  WITH  THE WORKING GROUP, AND THE
 COMMISSIONERS OF HEALTH, LABOR  AND  ENVIRONMENTAL  CONSERVATION,  SHALL
 MEET  NO  LESS  THAN ANNUALLY TO REVIEW THE CRITERIA AND METHODS USED TO
 IDENTIFY APPROPRIATE COMMUNITY DECISION-MAKING PRACTICES, AND MAY MODIFY
 SUCH METHODS TO INCORPORATE NEW DATA AND SCIENTIFIC FINDINGS, SUBJECT TO
 THE SAME PROCESS REQUIREMENTS LISTED UNDER  SUBDIVISION  THREE  OF  THIS
 SECTION.
   5.  FOR  THE  PURPOSES  OF  PARAGRAPH (B) OF SUBDIVISION THREE OF THIS
 SECTION, "REGION" SHALL HAVE THE SAME MEANING AS IN SUBDIVISION NINE  OF
 SECTION TWENTY-FOUR HUNDRED TWENTY-SIX OF THIS CHAPTER.
   § 1922. CRITERIA FOR IMPLEMENTING COMMUNITY ACCOUNTABILITY MECHANISMS.
 THE  AUTHORITY,  IN  COOPERATION WITH THE WORKING GROUP, AND THE COMMIS-
 SIONERS OF HEALTH, LABOR AND ENVIRONMENTAL CONSERVATION, SHALL ESTABLISH
 CRITERIA FOR IMPLEMENTING COMMUNITY ACCOUNTABILITY  MECHANISMS  FOR  THE
 PURPOSES OF IMPLEMENTING THIS SECTION.
   1. CRITERIA FOR IMPLEMENTING COMMUNITY ACCOUNTABILITY MECHANISMS SHALL
 BE BASED ON INPUT FROM THE WORKING GROUP.
   2.  BEFORE FINALIZING THE CRITERIA FOR IMPLEMENTING COMMUNITY ACCOUNT-
 ABILITY MECHANISMS PURSUANT TO SUBDIVISION  ONE  OF  THIS  SECTION,  THE
 AUTHORITY  SHALL  ENSURE  THAT  THERE  ARE  MEANINGFUL OPPORTUNITIES FOR
 PUBLIC COMMENT FOR ALL PERSONS WHO WILL BE  IMPACTED  BY  THE  CRITERIA,
 INCLUDING  PERSONS  LIVING  IN AREAS THAT MAY BE IDENTIFIED AS DISADVAN-
 TAGED COMMUNITIES, INCLUDING BY:
   (A) PUBLISHING DRAFT CRITERIA, AND MAKING SUCH  INFORMATION  AVAILABLE
 ON THE INTERNET;
   (B)  HOLDING AT LEAST SIX REGIONAL PUBLIC HEARINGS ON THE DRAFT CRITE-
 RIA, INCLUDING THREE MEETINGS IN THE UPSTATE REGION AND  THREE  MEETINGS
 IN THE DOWNSTATE REGION; AND
   (C)  ALLOWING  AT  LEAST ONE HUNDRED TWENTY DAYS FOR THE SUBMISSION OF
 PUBLIC COMMENT, FOLLOWING THE DATE OF THE PUBLICATION OF DRAFT  CRITERIA
 DESCRIBED UNDER PARAGRAPH (A) OF THIS SUBDIVISION.
   3.  THE  AUTHORITY,  IN  COOPERATION  WITH  THE WORKING GROUP, AND THE
 COMMISSIONERS OF HEALTH, LABOR  AND  ENVIRONMENTAL  CONSERVATION,  SHALL
 MEET  NO  LESS  THAN ANNUALLY TO REVIEW THE CRITERIA AND METHODS USED TO
 IDENTIFY COMMUNITY ACCOUNTABILITY MECHANISMS, AND MAY MODIFY SUCH  METH-
 ODS TO INCORPORATE NEW DATA AND SCIENTIFIC FINDINGS, SUBJECT TO THE SAME
 PROCESS REQUIREMENTS LISTED UNDER SUBDIVISION TWO OF THIS SECTION.
   §  1923.  CONSULTATION  WITH THE WORKING GROUP. IN CONSULTING WITH THE
 WORKING GROUP IN THE COURSE  OF  IMPLEMENTING  THE  PROGRAM  ESTABLISHED
 UNDER  THIS SUBTITLE, THE AUTHORITY SHALL ADHERE TO THE FOLLOWING PROCE-
 DURES:
   1. THE AUTHORITY SHALL CONVENE CONSULTATION MEETINGS WITH THE  WORKING
 GROUP NOT LESS FREQUENTLY THAN FOUR TIMES ANNUALLY;
   2.  THE  AUTHORITY SHALL PROVIDE, TO ALL WORKING GROUP MEMBERS, NOTICE
 OF WORKING GROUP MEETINGS NOT LESS THAN ONE MONTH BEFORE THE DATE OF THE
 MEETING; AND

 S. 4264--A                         30
 
   3. THE AUTHORITY SHALL PROVIDE, TO ALL WORKING  GROUP  MEMBERS,  ELEC-
 TRONIC COPIES OR HARD COPIES OF ANY WRITTEN OR OTHER INFORMATIONAL MATE-
 RIALS TO BE DISCUSSED AT A GIVEN WORKING GROUP MEETING NOT LESS THAN ONE
 MONTH PRIOR TO THE DATE OF THE MEETING.
   §  1924. DEFINITIONS. FOR THE PURPOSES OF THIS SUBTITLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "ADVISORY COUNCIL" MEANS THE BODY ESTABLISHED UNDER  SECTION  EIGH-
 TEEN HUNDRED NINETY-EIGHT OF THIS ARTICLE.
   2.  "ELIGIBLE  APPLICANT"  MEANS  A  CONSTITUENCY-BASED  ORGANIZATION,
 TRIBAL NATION, LABOR UNION, MUNICIPALITY, TRANSIT AGENCY, PORT  AUTHORI-
 TY,  METROPOLITAN  PLANNING  ORGANIZATIONS, SMALL BUSINESS, MINORITY- OR
 WOMEN-OWNED BUSINESS ENTERPRISE OR ANY OTHER ENTITY  DEEMED  APPROPRIATE
 BY THE AUTHORITY.
   3.  "FUND"  MEANS THE CLIMATE JOBS AND INFRASTRUCTURE FUND ESTABLISHED
 UNDER SUBDIVISION TWO OF SECTION THREE THOUSAND  FORTY-SIX  OF  THE  TAX
 LAW.
   4.  "MINORITY-  OR  WOMEN-OWNED  BUSINESS  ENTERPRISE"  MEANS EITHER A
 "MINORITY-OWNED BUSINESS ENTERPRISE" AS DEFINED IN SUBDIVISION SEVEN  OF
 SECTION  THREE HUNDRED TEN OF THE EXECUTIVE LAW, OR A "WOMEN-OWNED BUSI-
 NESS ENTERPRISE", AS DEFINED IN SUBDIVISION FIFTEEN OF SUCH SECTION.
   5. "PROGRAM" MEANS THE CLIMATE JOBS AND INFRASTRUCTURE PROGRAM  ESTAB-
 LISHED UNDER THIS SUBTITLE.
   6.  "THIRD-PARTY  ENTITIES"  MEANS  PRIVATE  SECTOR ENTITIES, ACADEMIC
 INSTITUTIONS, NON-PROFIT ORGANIZATIONS AND OTHER STAKEHOLDERS  THAT  ARE
 NOT ELIGIBLE APPLICANTS.
   7.  "TRIBAL  NATION"  SHALL  HAVE  THE  SAME MEANING AS IN SUBDIVISION
 TWELVE OF SECTION NINETEEN HUNDRED TEN OF THIS CHAPTER.
   8. "DISADVANTAGED   COMMUNITIES" SHALL HAVE THE  SAME  MEANING  AS  IN
 SUBDIVISION  FIVE  OF  SECTION 75-0101 OF THE ENVIRONMENTAL CONSERVATION
 LAW.
   § 1925. ESTABLISHMENT OF  CLIMATE  JOBS  AND  INFRASTRUCTURE  PROGRAM.
 THERE  IS  HEREBY  ESTABLISHED  WITHIN THE AUTHORITY, A CLIMATE JOBS AND
 INFRASTRUCTURE PROGRAM, WHICH SHALL DISBURSE FUNDS FROM THE CLIMATE JOBS
 AND INFRASTRUCTURE FUND PURSUANT TO THE GOALS ESTABLISHED UNDER  SECTION
 NINETEEN HUNDRED TWENTY-SEVEN OF THIS SUBTITLE.
   §  1926.  ADMINISTRATION  BY  THE  AUTHORITY. WITHIN SIX MONTHS OF THE
 EFFECTIVE DATE OF THIS SUBTITLE, THE AUTHORITY IS HEREBY AUTHORIZED  AND
 DIRECTED TO ESTABLISH AND ADMINISTER THE CLIMATE JOBS AND INFRASTRUCTURE
 PROGRAM.  THE AUTHORITY SHALL IMPLEMENT THE PROGRAM IN CONSULTATION WITH
 THE ADVISORY COUNCIL, THE PUBLIC SERVICE COMMISSION, THE NEW YORK  INDE-
 PENDENT  SYSTEM  OPERATOR,  THE NEW YORK ENERGY RESEARCH AND DEVELOPMENT
 AUTHORITY, AND THE DEPARTMENTS OF TRANSPORTATION, ENVIRONMENTAL  CONSER-
 VATION,  HEALTH  AND  LABOR. THE AUTHORITY IS AUTHORIZED AND DIRECTED TO
 TAKE THE FOLLOWING STEPS:
   1. USING MONIES MADE AVAILABLE FROM THE FUND TO ACHIEVE THE  GOALS  OF
 THE  PROGRAM  OUTLINED  IN SECTION NINETEEN HUNDRED TWENTY-SEVEN OF THIS
 SUBTITLE;
   2. ENTERING INTO CONTRACTS WITH ELIGIBLE APPLICANTS AND OTHER ENTITIES
 THROUGH THE COMPETITIVE SELECTION PROCESS AUTHORIZED BY THIS SUBTITLE;
   3. USING FROM THE MONIES MADE AVAILABLE FOR THE PROGRAM, NOT IN EXCESS
 OF TWO PERCENT OF ANNUAL FUND PROCEEDS, ITS OWN NECESSARY AND DOCUMENTED
 COSTS INCURRED IN ADMINISTERING THE PROGRAM,  INCLUDING  PROGRAM  EVALU-
 ATION;  COMPENSATION,  AT  ANY AMOUNT TO BE DETERMINED BY THE AUTHORITY,
 FOR MEMBERS OF THE ADVISORY COUNCIL; AND COMPENSATION FOR AT  LEAST  ONE
 FULL-TIME  AUTHORITY  STAFF  PERSON DEDICATED TO SUPPORTING THE ADVISORY
 COUNCIL; AND

 S. 4264--A                         31
 
   4. EXERCISING SUCH OTHER POWERS AS ARE NECESSARY FOR THE PROPER ADMIN-
 ISTRATION OF THE PROGRAM.
   §  1927.  ALLOCATION  OF  FUNDS.  1.  FUNDS  FROM THE CLIMATE JOBS AND
 INFRASTRUCTURE FUND SHALL  BE  DISBURSED  UNDER  THE  CLIMATE  JOBS  AND
 INFRASTRUCTURE  PROGRAM TO ACHIEVE QUANTIFIABLE, VERIFIABLE, AND SIGNIF-
 ICANT REDUCTIONS IN  GREENHOUSE  GAS  EMISSIONS  AND  OF  REGULATED  AIR
 CONTAMINANTS  WHILE ACHIEVING THE GENERAL GOALS SPECIFIED IN SUBDIVISION
 TWO OF THIS SECTION.  THESE FUNDS ARE INTENDED TO ADVANCE THE  GOALS  OF
 THE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT.
   2.  IN  ADDITION  TO MEETING THE GOALS SPECIFIED IN SUBDIVISION ONE OF
 THIS SECTION, FUNDS SHALL BE DISBURSED TO MEET THE FOLLOWING GOALS:
   (A) JOB CREATION, PURSUANT TO THE STANDARDS ESTABLISHED UNDER  ARTICLE
 EIGHT-B  OF THE LABOR LAW, INCLUDING OPPORTUNITIES FOR NEW ENTRANTS INTO
 THE STATE'S WORKFORCE, AND THE LONG-TERM UNEMPLOYED OR  DISPLACED  WORK-
 ERS,  AND  THE DEVELOPMENT OF AN IN-STATE MANUFACTURING AND SUPPLY CHAIN
 FOR CLEAN ENERGY TECHNOLOGIES;
   (B) FUNDING LARGE-SCALE PROJECTS, INCLUDING THOSE THAT MAY SPAN MULTI-
 PLE COMMUNITIES OR REGIONS;
   (C)  REDUCING  GREENHOUSE  GAS  EMISSIONS  AND  ENERGY  COSTS  THROUGH
 IMPROVEMENTS  IN ENERGY EFFICIENCY, ENERGY CONSERVATION, LOAD BALANCING,
 ENERGY STORAGE AND THE INSTALLATION OF CLEAN ENERGY TECHNOLOGIES;
   (D) ACHIEVING  ADVANCEMENTS  IN  SOCIAL  EQUITY,  INCLUDING  PROMOTING
 COMMUNITY  OWNERSHIP  AND  GOVERNANCE  OF  ENERGY  PRODUCTION, INCLUDING
 YOUTH, CHILDREN, THE INCARCERATED AND  THE  FORMERLY  INCARCERATED;  AND
 SUPPORTING SUSTAINABLE LOCAL ECONOMIC DEVELOPMENT;
   (E)  ELECTRIFICATION  OF  EQUIPMENT  AND  APPLIANCES  FOR RESIDENTIAL,
 COMMERCIAL AND INDUSTRIAL APPLICATIONS;
   (F) PROMOTING THE PARTICIPATION OF PRIVATE CAPITAL, MUNICIPAL  GOVERN-
 MENTS  AND  TRIBAL NATIONS IN ACHIEVING THE GOALS STATED IN THIS SECTION
 AND THE USE OF INNOVATIVE FINANCING MECHANISMS TO FINANCE  ENERGY  EFFI-
 CIENCY IMPROVEMENTS THROUGH ENERGY COST SAVINGS;
   (G)  ENCOURAGING  THE  DEVELOPMENT  OF PROGRAMS TO SUPPORT COMMUNITIES
 WITH HIGH CUMULATIVE ENVIRONMENTAL BURDEN, HIGH PEAK  ENERGY  LOAD,  AND
 AGING  HOUSING STOCK IN ORDER TO PRESERVE AFFORDABLE HOUSING AND ENHANCE
 LONG-TERM  COMMUNITY  COHESION  WHILE  PREVENTING   GENTRIFICATION   AND
 DISPLACEMENT;
   (H)  ENCOURAGING  THE  DEVELOPMENT  OF ENERGY EFFICIENCY AND RENEWABLE
 ENERGY PROJECTS AND PROGRAMS FOR AND IN PUBLIC SCHOOLS, SCHOOL TRANSPOR-
 TATION INCLUDING CENTRALIZED PROCUREMENT BY THE AUTHORITY OF  ZERO-EMIS-
 SION  SCHOOL BUSES AND CHARGING INFRASTRUCTURE IN ORDER TO PROMOTE EFFI-
 CIENCY, INNOVATION, AND THE CREATION OF HIGH-QUALITY JOBS IN SCHOOL  BUS
 AND  CHARGING  INFRASTRUCTURE  MANUFACTURING AND COMMUNITY CENTERS, WITH
 PRIORITY GIVEN TO SCHOOLS LOCATED IN AND SERVING DISADVANTAGED  COMMUNI-
 TIES  IN  ORDER  TO  PRESERVE AND IMPROVE SCHOOL INFRASTRUCTURE, IMPROVE
 COMMUNITY RESILIENCE AND PROVIDE CO-EDUCATIONAL BENEFITS FOR STUDENTS IN
 SCIENCE, TECHNOLOGY, ENGINEERING, ART, ECOLOGY AND SCIENCE;
   (I) ENCOURAGING THE DEVELOPMENT OF QUALITY CHILD  AND  DEPENDENT  CARE
 WITH  PRIORITY GIVEN TO THE DEVELOPMENT OF QUALITY CHILD CARE LOCATED IN
 AND SERVING DISADVANTAGED COMMUNITIES; AND
   (J) ENCOURAGING THE DEVELOPMENT OF WORKFORCE DEVELOPMENT PROGRAMS THAT
 IDENTIFY AND UTILIZE BEST PRACTICES TO PROVIDE  AND  TRAIN  WORKERS  FOR
 HIGH QUALITY AND CONTINUOUS CAREER AND WORK OPPORTUNITIES.
   3.  EVERY FIVE YEARS, THE AUTHORITY, IN CONSULTATION WITH THE ADVISORY
 COUNCIL, SHALL DESIGNATE PRIORITY PROJECT TYPES FOR INVESTMENTS BASED ON
 CAPITAL  FUNDING  NEEDS,  THE  POTENTIAL  FOR  GREENHOUSE  GAS  EMISSION
 REDUCTIONS,  AND  THE POTENTIAL FOR REGIONAL JOB CREATION. THESE PRIORI-

 S. 4264--A                         32
 
 TIES SHALL GUIDE THE AUTHORITY IN  SOLICITING  PROPOSALS  AND  SELECTING
 PROJECTS.  THE  FIRST  FIVE YEARS OF FUNDING SHALL PRIORITIZE INVESTMENT
 IN:
   (A)  PUBLIC  TRANSIT,  WITH  SPECIAL  PRIORITY  FOR INTRA-CITY TRANSIT
 MODES, IN UPSTATE REGIONS AND IN OTHER UNDERSERVED REGIONS OF THE STATE,
 INCLUDING THROUGH: SUBSIDIZING TRANSIT RATE REDUCTIONS,  THE  ESTABLISH-
 MENT OF NEW TRANSIT ROUTES, AND IMPROVEMENTS IN TRANSIT SERVICE (INCLUD-
 ING INCREASED FREQUENCY, ACCESSIBILITY AND SAFETY), ESPECIALLY TO BETTER
 SERVE  LOW-  TO  MODERATE-INCOME  INDIVIDUALS;  CREATING JOURNEY TO WORK
 ROUTES, DEDICATED TO CREATING ACCESS TO MAJOR  AREAS  OF  EMPLOYMENT  IN
 BOTH  URBAN  AND NON-URBAN AREAS, ESPECIALLY ROUTES CONNECTING NON-URBAN
 AREAS WITHOUT NECESSITATING A TRIP THROUGH THE CENTRAL  CITY;  DIRECTING
 INFRASTRUCTURE FUNDING, INCLUDING THROUGH VARIOUS APPROACHES TO SUPPORT-
 ING  BONDING,  REVOLVING  LOAN FUNDS AND OTHER FINANCING MECHANISMS; AND
 SUBSIDIZING ELECTRIC AND  ZERO-EMISSIONS  VEHICLES  AND  INFRASTRUCTURE,
 INCLUDING CHARGING INFRASTRUCTURE AND ENERGY STORAGE TECHNOLOGIES;
   (B) ENERGY EFFICIENCY AND CONSERVATION PROJECTS, INCLUDING PROJECTS IN
 PUBLIC  BUILDINGS, AND INCENTIVES FOR NEW PRIVATE BUILDINGS THAT ACHIEVE
 HIGH EFFICIENCY OR NET-ZERO STATUS AND FOR RETROFITS OF EXISTING  BUILD-
 INGS,  PROVIDING  THAT LANDLORDS WHO RECEIVE RETROFIT FUNDS OR FINANCIAL
 ASSISTANCE OF ANY KIND UNDER THIS PROGRAM NOT BE ALLOWED TO INCLUDE SUCH
 INVESTMENTS  AS  MAJOR  CAPITAL  IMPROVEMENTS  OR  INDIVIDUAL  APARTMENT
 ASSESSMENTS  IN  ORDER  TO RAISE RENTS TO RECOUP COSTS IN RENT-REGULATED
 HOUSING;
   (C) LARGE SCALE RENEWABLE ENERGY PROJECTS,  COMMUNITY-OWNED  RENEWABLE
 ENERGY  PROJECTS,  SUCH  AS COMMUNITY SOLAR AND COMMUNITY WIND PROJECTS,
 AND PUBLICLY-OWNED RENEWABLE  ENERGY  PROJECTS,  INCLUDING  PROJECTS  ON
 PUBLIC BUILDINGS AND LAND;
   (D) PORT FACILITY ELECTRIFICATION AND SUSTAINABILITY MEASURES, INCLUD-
 ING  BUT  NOT LIMITED TO AT THE PORT OF ALBANY, THE PORT OF BUFFALO, AND
 THE NEW YORK CITY WATERFRONT, INCLUDING HUNTS POINT AND SUNSET PARK;
   (E)  ELECTRIC  GRID  UPGRADES  WITHIN   THE   STATE,   INCLUDING   THE
 CONSTRUCTION  OF ELECTRICITY TRANSMISSION, ENERGY STORAGE AND SMART GRID
 INFRASTRUCTURE, AND INCLUDING SUPPORT FOR ESTABLISHING ELECTRIC  VEHICLE
 INFRASTRUCTURE AND SYSTEMS TO OPTIMIZE DISTRIBUTED ENERGY RESOURCES;
   (F)  ENERGY  EFFICIENCY AND RENEWABLE ENERGY PROJECTS AND PROGRAMS FOR
 AND IN PUBLIC SCHOOLS, SCHOOL TRANSPORTATION  (INCLUDING  SCHOOL  BUSES)
 AND COMMUNITY CENTERS WITH PRIORITY GIVEN TO SCHOOLS LOCATED IN OR SERV-
 ING DISADVANTAGED COMMUNITIES; AND
   (G)  CHILD  AND  DEPENDENT  CARE FACILITIES AND PROGRAMS WITH PRIORITY
 GIVEN TO CHILD AND DEPENDENT CARE FACILITIES AND PROGRAMS LOCATED IN  OR
 SERVING DISADVANTAGED COMMUNITIES.
   4.  IN  ADDITION  TO ALLOCATING FUNDS UNDER THE PROGRAM TO ACHIEVE THE
 GOALS AND PRIORITIES OUTLINED IN THIS SECTION, THE AUTHORITY SHALL ALLO-
 CATE FUNDS FOR THE PURPOSES OF PROVIDING TECHNICAL ASSISTANCE TO  ELIGI-
 BLE APPLICANTS. SUCH TECHNICAL ASSISTANCE SHALL INCLUDE ASSISTANCE WITH:
 DEVELOPING PROJECT PROPOSALS; IMPLEMENTING PROJECT PROPOSALS; CONDUCTING
 ANALYSIS  AND  REPORTING  ON PROJECTS IMPLEMENTED UNDER THE PROGRAM; AND
 OTHER NEEDS IDENTIFIED BY THE AUTHORITY.
   5. NO MONIES FROM THE CLIMATE JOBS AND INFRASTRUCTURE FUND SHALL  FUND
 POLICE, PRISONS OR RELATED INFRASTRUCTURE.
   §  1928.  FUNDING INSTRUMENTS. THE AUTHORITY, IN CONSULTATION WITH THE
 ADVISORY COUNCIL, SHALL DETERMINE THE APPROPRIATE INSTRUMENT, OR VARIETY
 OF INSTRUMENTS, INCLUDING  GRANTS,  LOAN  GUARANTEES,  INCENTIVES,  BOND
 PAYMENTS,  LOAN  PROGRAMS,  AND OTHER MECHANISMS FOR ACHIEVING THE GOALS
 STATED IN SECTION NINETEEN HUNDRED TWENTY-SEVEN OF THIS SUBTITLE.

 S. 4264--A                         33
 
   § 1929. SELECTION PROCESS AND CRITERIA. THE AUTHORITY  IS  AUTHORIZED,
 WITHIN AMOUNTS APPROPRIATED, TO DISBURSE FUNDS FROM THE FUND TO ELIGIBLE
 APPLICANTS ON A COMPETITIVE BASIS.
   1.  THE  AUTHORITY,  IN  CONSULTATION WITH THE ADVISORY COUNCIL, SHALL
 DEVELOP CRITERIA AND A PROCESS FOR SELECTING PROJECT PROPOSALS SUBMITTED
 BY ELIGIBLE APPLICANTS UNDER THIS SUBTITLE.
   2. IN SELECTING PROJECTS AND DISTRIBUTING FUNDS, THE  AUTHORITY  SHALL
 INCLUDE THE FOLLOWING CRITERIA:
   (A)  THE EXTENT TO WHICH THE PROJECT MEETS EACH OF THE GOALS SET FORTH
 IN SUBDIVISIONS ONE AND TWO OF SECTION NINETEEN HUNDRED TWENTY-SEVEN  OF
 THIS SUBTITLE;
   (B) WHETHER THE PROJECT FALLS UNDER A PRIORITY AREA FOR INVESTMENT FOR
 THE FIVE-YEAR PERIOD;
   (C)  WHETHER  THE  PROJECT  WILL BENEFIT GEOGRAPHIC AREAS WHERE ENERGY
 COSTS ARE PARTICULARLY HIGH IN RELATION TO A MEASURE OF MEDIAN HOUSEHOLD
 INCOME AS DETERMINED BY THE AUTHORITY; OR WHICH HAVE BEEN DESIGNATED  AS
 A  NONATTAINMENT AREA FOR ONE OR MORE POLLUTANTS PURSUANT TO SECTION 107
 OF THE FEDERAL CLEAN AIR ACT (42 U.S.C. SECTION 7407);
   (D) WHETHER THE APPLICANTS INCLUDE SIGNIFICANT PARTICIPATION BY MINOR-
 ITY AND WOMEN-OWNED BUSINESS ENTERPRISES; AND
   (E) THE EXTENT TO WHICH PROJECTS  WOULD  NOT  OTHERWISE  BE  COMPLETED
 WITHOUT THE SUPPORT OF THE PROGRAM.
   3.  IN ALLOCATING FUNDS, THE AUTHORITY SHALL ALSO, WHERE POSSIBLE, AIM
 TO GEOGRAPHICALLY DISTRIBUTE FUNDS IN AN  EQUITABLE  MANNER  ACROSS  THE
 STATE, TAKING INTO ACCOUNT POPULATION DENSITY.
   4.  THE  AUTHORITY  SHALL  ENCOURAGE  ELIGIBLE  APPLICANTS  TO PROPOSE
 PROJECTS IN PARTNERSHIP WITH OTHER ELIGIBLE APPLICANTS, AND WITH  THIRD-
 PARTY ENTITIES.
   § 1930. CONSULTATION WITH THE ADVISORY COUNCIL. IN CONSULTING WITH THE
 ADVISORY  COUNCIL  IN THE COURSE OF IMPLEMENTING THE PROGRAM ESTABLISHED
 UNDER THIS SUBTITLE, THE AUTHORITY SHALL:
   1. CONVENE CONSULTATION MEETINGS WITH THE ADVISORY  COUNCIL  NOT  LESS
 FREQUENTLY THAN FOUR TIMES ANNUALLY;
   2. PROVIDE NOTICE OF ADVISORY COUNCIL MEETINGS TO ALL ADVISORY COUNCIL
 MEMBERS NOT LESS THAN THIRTY DAYS BEFORE THE DATE OF THE MEETING; AND
   3.  PROVIDE ELECTRONIC OR HARD COPIES OF ANY WRITTEN OR OTHER INFORMA-
 TIONAL MATERIALS TO BE DISCUSSED AT A GIVEN ADVISORY COUNCIL MEETING  TO
 ALL ADVISORY COUNCIL MEMBERS NOT LESS THAN THIRTY DAYS PRIOR TO THE DATE
 OF THE MEETING.
   § 1931. COMPREHENSIVE APPROACH TO EXISTING STRUCTURES. 1. IN CONSULTA-
 TION  WITH  THE ADVISORY COUNCIL, THE DEPARTMENT OF STATE, DEPARTMENT OF
 HOMES AND COMMUNITY RENEWAL, THE DEPARTMENT OF  ENVIRONMENTAL  CONSERVA-
 TION,  THE  NEW YORK ENERGY RESEARCH AND DEVELOPMENT AUTHORITY AND OTHER
 RELEVANT STAKEHOLDERS, THE AUTHORITY SHALL DEVELOP A MASTER PLAN TO:
   (A) ENSURE A COMPREHENSIVE APPROACH EXISTS TO IMPROVE BUILDING  ENERGY
 EFFICIENCY THAT INCLUDES ALL OF THE STATE'S EXISTING BUILDINGS;
   (B) ENSURE THAT THE STATE MEETS ITS ENERGY EFFICIENCY GOALS;
   (C) REDUCES ENERGY USE IN ALL EXISTING STRUCTURES AND NEW BUILDINGS;
   (D) IMPROVES AND PROTECTS HOUSING AFFORDABILITY AND ENHANCES LONG-TERM
 COMMUNITY COHESION WHILE PREVENTING GENTRIFICATION AND DISPLACEMENT; AND
   (E) INCORPORATES HEALTH AND SAFETY ASSESSMENTS AND IMPROVEMENTS.
   2. THE MASTER PLAN WILL SPECIFICALLY INCLUDE RECOMMENDATIONS FOR COOR-
 DINATED  CHANGES  TO  THE  BUILDING  AND ENERGY CODES, ENERGY EFFICIENCY
 PROGRAMS ADMINISTERED BY THE STATE AND OTHERS, AND SPENDING PURSUANT  TO
 THE  CLIMATE  AND COMMUNITY INVESTMENT ACT, IN ORDER TO ENSURE THAT MOST

 S. 4264--A                         34
 
 BUILDINGS RECEIVE DEEP ENERGY EFFICIENCY RETROFITS THAT INCLUDE  ASSESS-
 MENT AND IMPROVEMENTS TO HEALTH AND SAFETY.
   3.  TO  PREPARE  THE MASTER PLAN, THE AUTHORITY SHALL CONVENE RELEVANT
 STAKEHOLDERS IN EACH REGION OF THE STATE AT LEAST ONCE, GIVING AT  LEAST
 NINETY  DAYS'  NOTICE OF THE PROPOSED MEETING IN ORDER FOR THE PUBLIC TO
 ATTEND. FOR THE PURPOSES OF THIS SUBDIVISION, "REGION"  SHALL  HAVE  THE
 SAME MEANING AS IN SUBDIVISION NINE OF SECTION TWENTY-FOUR HUNDRED TWEN-
 TY-SIX OF THIS CHAPTER.
   §  1932.  ADVISORY  COUNCIL  OF  THE  CLIMATE  JOBS AND INFRASTRUCTURE
 PROGRAM.  THERE IS HEREBY CREATED WITHIN THE AUTHORITY, NOT  LATER  THAN
 SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS ARTICLE, AN ADVISORY COUNCIL
 OF THE CLIMATE JOBS AND INFRASTRUCTURE PROGRAM. SUCH ADVISORY GROUP WILL
 BE  COMPRISED OF THE COMMISSIONERS OF LABOR, TRANSPORTATION, HOUSING AND
 COMMUNITY RENEWAL, THE PRESIDENT OF THE NEW YORK STATE  ENERGY  RESEARCH
 AND  DEVELOPMENT  AUTHORITY,  REPRESENTATIVES FROM ENVIRONMENTAL JUSTICE
 COMMUNITIES, LABOR, YOUTH GROUPS, YOUTH, REGIONAL  TRANSPORTATION  OFFI-
 CIALS,  TRANSPORTATION ADVOCATES, INCLUDING REPRESENTATIVES FROM UPSTATE
 CITIES, THE MID HUDSON REGION, NEW YORK  CITY  AND  LONG  ISLAND,  CLEAN
 ENERGY  DEVELOPERS  AND  ENERGY SYSTEM EXPERTS. IN ADDITION TO ANY OTHER
 FUNCTIONS ASSIGNED TO THE WORKING GROUP IN  THIS  ARTICLE,  THE  WORKING
 GROUP  SHALL ALSO PERFORM THE FUNCTIONS ASSIGNED TO THE WORKING GROUP AS
 SET FORTH IN THIS TITLE, TITLE THIRTEEN OF ARTICLE NINETEEN OF THE ENVI-
 RONMENTAL CONSERVATION LAW, ARTICLE TWENTY-FIVE-D OF THE LABOR LAW,  AND
 ARTICLES  FORTY-TWO AND FORTY-THREE OF THE TAX LAW.  FOR THE PURPOSES OF
 THIS SECTION, "REGION" SHALL HAVE THE SAME  MEANING  AS  IN  SUBDIVISION
 NINE OF SECTION TWENTY-FOUR HUNDRED TWENTY-SIX OF THIS CHAPTER.
   §  1933.  DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. ADVERSELY AFFECTED EMPLOYMENT. THE TERM "ADVERSELY AFFECTED EMPLOY-
 MENT" MEANS EMPLOYMENT IN AN ENTITY REGULATED  BY  THE  NEW  YORK  STATE
 DEPARTMENT OF PUBLIC SERVICE GENERATING ENERGY THAT IS NOT RENEWABLE.
   2.  ADVERSELY  AFFECTED  WORKER.  THE TERM "ADVERSELY AFFECTED WORKER"
 MEANS AN INDIVIDUAL WHO, BECAUSE OF LACK OF WORK IN  ADVERSELY  AFFECTED
 EMPLOYMENT,  HAS  BEEN  TOTALLY OR PARTIALLY SEPARATED FROM SUCH EMPLOY-
 MENT, IS EXPECTED TO BE TOTALLY OR PARTIALLY SEPARATED FROM SUCH EMPLOY-
 MENT, OR IS A DISPLACED WORKER.
   3. ADJUSTMENT ASSISTANCE. THE TERM "ADJUSTMENT ASSISTANCE"  MEANS  ANY
 COMPENSATION,  CREDIT,  BENEFIT,  FUNDING, TRAINING, OR SERVICE PROVIDED
 UNDER THIS TITLE THROUGH ANY OPTION DESCRIBED.
   4. APPLICABLE FIRM. THE TERM "APPLICABLE FIRM" MEANS, AS APPLICABLE:
   (A) THE FIRM, OR SUBDIVISION OF A FIRM, FOR WHICH THE GROUP OF WORKERS
 WHO ARE PETITIONING FOR CERTIFICATION WORK AT;
   (B) THE FIRM, OR SUBDIVISION OF A FIRM, FOR WHICH A GROUP OF CERTIFIED
 ADVERSELY AFFECTED WORKERS WORK AT;
   (C) A GROUP OF FIRMS WITHIN CLOSE GEOGRAPHIC PROXIMITY, AS  DETERMINED
 BY  THE AUTHORITY, TASK FORCE, OR BOARD EMPLOYING A GROUP OF WORKERS WHO
 ARE PETITIONING FOR CERTIFICATION; OR
   (D) A GROUP OF FIRMS WITHIN A CLOSE GEOGRAPHIC  PROXIMITY,  AS  DETER-
 MINED  BY  THE  AUTHORITY,  TASK  FORCE,  OR BOARD, FOR WHICH A GROUP OF
 CERTIFIED ADVERSELY AFFECTED WORKERS WORK.
   5. "AUTHORITY" MEANS THE CLIMATE AND  COMMUNITY  INVESTMENT  AUTHORITY
 CREATED BY TITLE THIRTY-SIX OF THIS ARTICLE.
   6.  "BOARD" MEANS THE WORKER AND COMMUNITY ASSURANCE BOARD ESTABLISHED
 UNDER THIS SECTION NINETEEN HUNDRED THIRTY-FOUR OF THIS SUBTITLE.
   7. "ENERGY INDUSTRY" MEANS A COMMERCIAL SECTOR, AS DETERMINED  BY  THE
 AUTHORITY, THAT:

 S. 4264--A                         35
 
   (A)  EXTRACTS,  TRANSPORTS, OR USES AS A DIRECT INPUT ENERGY RESOURCES
 OR ELECTRICITY; OR
   (B)  IS OTHERWISE DEPENDENT ON THE GENERATION OR CONSUMPTION OF ENERGY
 RESOURCES OR ELECTRICITY.
   8. "COMMISSIONER" MEANS THE COMMISSIONER OF THE DEPARTMENT OF LABOR.
   9. "CONSTITUENCY-BASED ORGANIZATION" SHALL HAVE THE SAME MEANING AS IN
 SUBDIVISION THREE OF SECTION EIGHTEEN HUNDRED NINETY-ONE OF  THIS  ARTI-
 CLE.
   10. "DEPARTMENT" MEANS THE DEPARTMENT OF LABOR.
   11.  "DIRECTOR"  MEANS THE DIRECTOR OF AN OFFICE APPOINTED UNDER PARA-
 GRAPH (B) OF SUBDIVISION SEVEN OF SECTION TWENTY-SEVEN  HUNDRED  NINETY-
 NINE-UUUU OF THIS ARTICLE.
   12.  "DISADVANTAGED  COMMUNITIES"  SHALL  HAVE  THE SAME MEANING AS IN
 SECTION 75-0111 OF THE ENVIRONMENTAL CONSERVATION LAW.
   13. "DISPLACED WORKER" MEANS AN INDIVIDUAL WHO IS A  RESIDENT  OF  NEW
 YORK STATE AND WHO HAS EITHER:
   (A)  BEEN TERMINATED OR HAS RECEIVED NOTICE OF TERMINATION AS A RESULT
 OF A PERMANENT FACILITY CLOSURE; OR
   (B) EXPERIENCED PARTIAL SEPARATION AND IS IN THE ENERGY INDUSTRY.
   14. "DISADVANTAGED WORKER" IS A RESIDENT OF NEW YORK STATE WHO IS:
   (A) A WOMAN, WHEN CONSIDERING CONSTRUCTION AND BUILDING CONTRACTS;
   (B) HAS A HOUSEHOLD INCOME OF LESS THAN  FIFTY  PERCENT  OF  THE  AREA
 MEDIAN INCOME (AMI);
   (C) AN INDIVIDUAL RESIDING IN AN AREA OF CONCENTRATED POVERTY;
   (D) DISABLED;
   (E) A VETERAN;
   (F)  A  PERSON  PREVIOUSLY  INCARCERATED  OR  CONVICTED  OF A CRIMINAL
 OFFENSE; OR
   (G) LONG-TERM UNEMPLOYED.
   15. "DOWNSTATE REGION" MEANS THE COUNTIES OF RICHMOND, KINGS,  QUEENS,
 NEW YORK, BRONX, WESTCHESTER, NASSAU AND SUFFOLK.
   16. "ELIGIBLE LEAD APPLICANT" MEANS A CONSTITUENCY-BASED ORGANIZATION,
 LABOR ORGANIZATION, A TRIBAL NATION, LOCAL SCHOOL DISTRICT, OR A MUNICI-
 PAL OR COUNTY GOVERNMENT LOCATED IN OR SERVING THE IMPACTED COMMUNITY OR
 COMMUNITIES  WHICH  MAKES AN APPLICATION FOR FUNDING UNDER THIS SUBTITLE
 ON BEHALF OF ITSELF ALONE OR ALONG WITH ELIGIBLE SUB-APPLICANTS.
   17. "ELIGIBLE SUB-APPLICANTS" MEANS PRIVATE SECTOR ENTITIES,  ACADEMIC
 INSTITUTIONS,  NON-PROFIT  ORGANIZATIONS,  OTHER  STAKEHOLDERS,  WITH  A
 RELATIONSHIP TO THE IMPACTED  COMMUNITY.  ELIGIBLE  SUB-APPLICANTS,  MAY
 APPLY  WITH  A  LEAD  APPLICANT  PURSUANT TO STANDARDS PRESCRIBED BY THE
 AUTHORITY. APPLYING WITH SUPPORT FROM AN ELIGIBLE LEAD APPLICANT.
   18. "FUND" MEANS THE WORKER AND COMMUNITY  ASSURANCE  SPECIAL  PURPOSE
 FUND CREATED UNDER ARTICLE FORTY-TWO OF THE TAX LAW.
   19.  "GREENHOUSE  GAS"  SHALL  HAVE THE SAME MEANING AS IN SUBDIVISION
 EIGHT OF SECTION 19-1301 OF THE ENVIRONMENTAL CONSERVATION LAW.
   20. "LABOR ORGANIZATION" MEANS ANY ORGANIZATION WHICH  EXISTS  AND  IS
 CONSTITUTED FOR THE PURPOSE, IN WHOLE OR IN PART, OF COLLECTIVE BARGAIN-
 ING, OR OF DEALING WITH EMPLOYERS CONCERNING GRIEVANCES, TERMS OR CONDI-
 TIONS  OF  EMPLOYMENT, OR OF OTHER MUTUAL AID OR PROTECTION AND WHICH IS
 NOT A COMPANY UNION. THIS INCLUDES BUT IS NOT LIMITED TO BONA FIDE LABOR
 ORGANIZATIONS THAT ARE CERTIFIED OR RECOGNIZED AS  THE  ORGANIZATION  OF
 JURISDICTION REPRESENTING THE WORKERS INVOLVED AND/OR BONA FIDE BUILDING
 AND  CONSTRUCTION TRADES COUNCILS AND/OR DISTRICT COUNCILS AND STATE AND
 LOCAL LABOR FEDERATIONS COMPRISED OF LOCAL UNIONS  CERTIFIED  OR  RECOG-
 NIZED AS THE REPRESENTATIVE OF THE WORKERS.

 S. 4264--A                         36
 
   21.  "PARTIAL SEPARATION" MEANS, WITH RESPECT TO AN INDIVIDUAL WHO HAS
 NOT BEEN TOTALLY SEPARATED, THAT SUCH INDIVIDUAL HAS EXPERIENCED:
   (A)  A  REDUCTION  IN  HOURS  OF WORK TO EIGHTY PERCENT OR LESS OF THE
 INDIVIDUAL'S AVERAGE WEEKLY HOURS IN ADVERSELY AFFECTED EMPLOYMENT; AND
   (B) A REDUCTION IN WAGES TO EIGHTY PERCENT OR LESS OF THE INDIVIDUAL'S
 AVERAGE WEEKLY WAGE IN SUCH ADVERSELY AFFECTED EMPLOYMENT.
   22. "PERMANENT FACILITY CLOSURE" MEANS THE  PERMANENT  SHUTDOWN  OF  A
 SINGLE  SITE OF EMPLOYMENT, OR ONE OR MORE FACILITIES OR OPERATING UNITS
 WITHIN A SINGLE SITE OF  EMPLOYMENT,  IF  THE  SHUTDOWN  RESULTS  IN  AN
 EMPLOYMENT  LOSS  AT THE SINGLE SITE OF EMPLOYMENT DURING ANY THIRTY-DAY
 PERIOD.
   23. "PRESIDENT" MEANS THE  PRESIDENT  OF  THE  CLIMATE  AND  COMMUNITY
 INVESTMENT AUTHORITY.
   24.  "PROGRAM" MEANS THE WORKER ASSURANCE PROGRAM AND COMMUNITY ASSUR-
 ANCE PROGRAM ESTABLISHED UNDER THIS SUBTITLE.
   25. "REGIONAL WORKING GROUP" MEANS A REGIONAL BODY SUBORDINATE TO  THE
 WORKER  AND COMMUNITY ASSURANCE TASK FORCE ESTABLISHED UNDER THIS SUBTI-
 TLE, THESE MUST BE CREATED BY THE TASK FORCE AND NOT  INCORPORATED  INTO
 EXISTING BODIES SUCH AS THE REGIONAL ECONOMIC DEVELOPMENT COUNCILS.
   26.  "SIGNIFICANTLY  IMPACTED COMMUNITY" IS A COMMUNITY, MUNICIPALITY,
 OR OTHER AREA DESIGNATED AS SUCH BY WORKER AND COMMUNITY ASSURANCE BOARD
 ESTABLISHED UNDER THIS SUBTITLE.
   27. "SOCIAL DIALOGUE" MEANS AN OPEN DIALOGUE WITH RESOURCES  AVAILABLE
 TO  THE  PUBLIC AND ALL STAKEHOLDERS TO ENCOURAGE PARTICIPATION INTENDED
 TO DEVELOP A CONSENSUS AMONG THE PARTIES CONSISTING OF DISCUSSIONS WHERE
 PARTICIPANTS CAN DISCUSS, BE PROVIDED WITH RESOURCES AND MAKE  DECISIONS
 ABOUT HOW TO RESPOND TO THE CHALLENGES OF THE TRANSITION.
   28.  "TOTAL SEPARATION" MEANS THE LAYOFF OR SEVERANCE OF AN INDIVIDUAL
 FROM EMPLOYMENT WITH AN APPLICABLE FIRM.
   29. "TOTALLY SEPARATED" MEANS, WITH RESPECT  TO  AN  INDIVIDUAL,  THAT
 SUCH INDIVIDUAL IS EXPERIENCING TOTAL SEPARATION.
   30.  "UPSTATE  REGION"  MEANS ALL NEW YORK COUNTIES OTHER THAN NASSAU,
 SUFFOLK, RICHMOND, KINGS, QUEENS, NEW YORK, BRONX AND WESTCHESTER.
   31. "WORKING GROUP" MEANS THE CLIMATE JUSTICE  WORKING  GROUP  CREATED
 PURSUANT TO SECTION 75-0111 OF THE ENVIRONMENTAL CONSERVATION LAW.
   §  1934. WORKER AND COMMUNITY ASSURANCE BOARD. THERE IS HEREBY CREATED
 NO LATER THAN SIX MONTHS AFTER THE EFFECTIVE DATE OF  THIS  SUBTITLE,  A
 "WORKER AND COMMUNITY ASSURANCE BOARD".
   1. THE BOARD WILL BE COMPRISED OF:
   (A) THE PRESIDENT;
   (B) THE COMMISSIONER OF LABOR;
   (C) THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION;
   (D) THE STATE COMPTROLLER OR THEIR REPRESENTATIVE;
   (E) FOUR MEMBERS APPOINTED BY THE STATE SENATE, INCLUDING:
   (I) ONE REPRESENTATIVE OF A CONSTITUENCY-BASED ORGANIZATION;
   (II) ONE REPRESENTATIVE OF A LABOR ORGANIZATION;
   (III) ONE EXPERT IN ECONOMIC DEVELOPMENT; AND
   (IV) ONE REPRESENTATIVE OF AN ENVIRONMENTAL JUSTICE COMMUNITY;
   (F) FOUR MEMBERS APPOINTED BY THE STATE ASSEMBLY, INCLUDING:
   (I) ONE REPRESENTATIVE OF A CONSTITUENCY-BASED ORGANIZATION;
   (II) ONE REPRESENTATIVE OF A LABOR ORGANIZATION;
   (III) ONE EXPERT IN ECONOMIC DEVELOPMENT; AND
   (IV) ONE REPRESENTATIVE OF AN ENVIRONMENTAL JUSTICE COMMUNITY.
   2. THE BOARD SHALL BE CO-CHAIRED BY THE PRESIDENT AND THE COMMISSIONER
 OF LABOR, OR THEIR DESIGNEES.

 S. 4264--A                         37
 
   3. THE BOARD SHALL MEET NO LESS THAN QUARTERLY. MEETINGS SHALL BE OPEN
 TO THE PUBLIC, AND FULL AGENDAS AND MINUTES SHALL BE SHARED PUBLICLY NOT
 LESS THAN ONE WEEK PRIOR TO MEETING.
   §  1935.  WORKER ASSURANCE PROGRAM. THERE IS HEREBY ESTABLISHED WITHIN
 THE AUTHORITY, A WORKER ASSURANCE PROGRAM,  TO  BE  IMPLEMENTED  BY  THE
 CHAIR.
   1.  THE PURPOSE OF THE PROGRAM IS TO CREATE PROGRAMS OR DISBURSE FUNDS
 FROM THE FUND TO BENEFIT THE  FOLLOWING  PERSONS,  REGARDLESS  OF  IMMI-
 GRATION STATUS OR TERM OF RESIDENCY:
   (A) ADVERSELY AFFECTED WORKERS;
   (B) DISPLACED WORKERS; AND
   (C) DISADVANTAGED WORKERS IN SIGNIFICANTLY IMPACTED COMMUNITIES.
   2.  BENEFITS, SERVICES, OR FINANCIAL SUPPORT MAY BE DELIVERED DIRECTLY
 BY THE AUTHORITY OR THROUGH ELIGIBLE LEAD APPLICANTS AND  ELIGIBLE  SUB-
 APPLICANTS.
   3. APPLICATIONS UNDER THIS SECTION CAN BE MADE ON BEHALF OF A GROUP OF
 WORKERS BY AN ELIGIBLE LEAD APPLICANT, HOWEVER INDIVIDUALS MAY APPLY FOR
 SUPPORT DIRECTLY FROM THE AGENCY EVEN IF THERE IS A LOCAL PROGRAM ADMIN-
 ISTERED BY OR APPLICATION MADE BY AN ELIGIBLE LEAD APPLICANT.
   4.  ALL  INDIVIDUAL  APPLICANTS  WILL BE APPROVED TO RECEIVE BENEFITS,
 SERVICES, OR FINANCIAL SUPPORT REGARDLESS OF IMMIGRATION STATUS OR  TERM
 OF RESIDENCY. TO RECEIVE BENEFITS APPLICANTS MUST DEMONSTRATE THEY ARE:
   (A) ADVERSELY AFFECTED WORKERS;
   (B) DISPLACED WORKERS; OR
   (C) DISADVANTAGED WORKERS IN SIGNIFICANTLY IMPACTED COMMUNITIES.
   5.  THE  BOARD, IN COLLABORATION WITH THE AGENCY, WILL PROMULGATE SUCH
 REGULATIONS OR GUIDELINES FOR THE CREATION OF PROGRAMS BY THE  AUTHORITY
 OR ELIGIBLE LEAD APPLICANTS AS MAY BE NEEDED.
   6.  BENEFITS, SERVICES, OR FINANCIAL SUPPORT UPON AN APPLICATION BEING
 ACCEPTED, BENEFITS, SERVICES, OR FINANCIAL SUPPORT SHALL BE MADE  AVAIL-
 ABLE  FOR  QUALIFYING  WORKERS  FOR  AT  LEAST THREE YEARS AND UP TO TEN
 YEARS.
   7. THESE BENEFITS SHALL INCLUDE INCOME SUPPORT EQUAL  TO  THEIR  PRIOR
 SALARY EITHER UNTIL NEW EMPLOYMENT IS FOUND AT A COMPARABLE WAGE OR AS A
 SUPPLEMENT  TO THE NEW WAGE TO MEET THE PRIOR LEVEL FOR THREE YEARS; AND
 ADDITIONAL APPROPRIATE SUPPORTS INCLUDING:
   (A) EMPLOYMENT BY THE AUTHORITY OR A LEAD APPLICANT (FOR EXAMPLE DOING
 REMEDIATION AT THEIR CURRENT SITE OF EMPLOYMENT) ON A PROJECT TO  REUTI-
 LIZE FACILITIES TO REPLACE LOSSES IN THE TAX BASE, OR PURSUANT TO ANOTH-
 ER PROGRAM CREATED UNDER THIS SUBTITLE;
   (B) RETRAINING AND PLACEMENT IN PUBLIC OR PRIVATE SECTOR POSITIONS;
   (C) PAYMENT TOWARDS PENSION SUPPORT;
   (D)  ON  THE JOB TRAINING FUNDS OR WAGE SUBSIDIES TO MATCH THEIR PRIOR
 SALARY OR HOURLY WAGE;
   (E) PAYMENT TOWARDS EARLY RETIREMENT;
   (F) TRANSITIONAL SUPPORT INCLUDING BUT NOT LIMITED TO SKILLS TRAINING,
 JOB COUNSELING, TUITION SUPPORT AND ON-THE-JOB TRAINING; AND
   (G) SUPPORT FOR IMPACTED WORKERS  TO  START  EMPLOYEE-OWNED  BUSINESS,
 EARLY RETIREMENT OR INCOME SUPPORT.
   8.  THE  AGENCY  WILL  REPORT REGULARLY TO THE PUBLIC, BOARD, AND TASK
 FORCE ON THE STATUS OF THESE PROGRAMS AS WELL AS WHAT BENEFITS ARE BEING
 PROVIDED AND WHERE PROGRAMS HAVE BEEN CREATED BY  ELIGIBLE  LEAD  APPLI-
 CANTS.
   9.  WHEN  APPROVED  APPLICANTS  ARE  EMPLOYED OR HAVE BEEN IMMEDIATELY
 PRIOR TO DISPLACEMENT UNDER AN EXISTING COLLECTIVE BARGAINING AGREEMENT,

 S. 4264--A                         38
 
 THE AUTHORITY SHALL NOTIFY THE LABOR  ORGANIZATION  PARTY  TO  THE  THAT
 AGREEMENT OF THE APPLICATION.
   § 1936. COMMUNITY ASSURANCE PROGRAM. THERE IS HEREBY ESTABLISHED WITH-
 IN  THE  AUTHORITY,  A COMMUNITY ASSURANCE PROGRAM, TO BE IMPLEMENTED BY
 THE CHAIR. THE PURPOSE OF THE PROGRAM IS TO:
   1. DISBURSE FUNDS FROM THE FUND, PURSUANT TO THIS SECTION;
   2. TO PROVIDE SUPPORT FOR DISADVANTAGED COMMUNITIES AND  SIGNIFICANTLY
 IMPACTED  COMMUNITIES DIRECTLY FROM THE AUTHORITY, THROUGH LOCAL GOVERN-
 MENT ENTITIES, ELIGIBLE LEAD APPLICANTS, OR ELIGIBLE SUB-APPLICANTS TO:
   (A) REPLACE LOST SCHOOL AID, LOST PROPERTY TAX PAYMENTS TO SCHOOLS, OR
 OTHER LOST SCHOOL FUNDING;
   (B) JOB CREATION PROGRAMS;
   (C) REPLACE LOST PAYMENT IN-LIEU-OF TAXES (PILOT) AND LOCAL TAX REVEN-
 UE, REPLACE REVENUE RAISED BY OR PAID BY THE STATE  OR  AN  EMPLOYER  TO
 MUNICIPALITIES  OR  SCHOOL  DISTRICTS  (INCLUDING,  BUT  NOT LIMITED TO,
 CENTRAL SCHOOL DISTRICTS AND CITY SCHOOL DISTRICTS),  AND  OTHER  PUBLIC
 FUNDING THAT IS BEING LOST; AND
   (D) FACILITATE THE EXPANSION OF EXISTING ECONOMIC DEVELOPMENT PROGRAMS
 TO  ENABLE  COMMUNITIES  TO RESPOND TO PERMANENT FACILITY CLOSURE AND/OR
 MAJOR REDUCTIONS IN PROPERTY TAXES OR PILOT PAYMENTS; AND
   3. PROPOSALS FOR PROGRAM FUNDING MAY INCLUDE, BUT ARE NOT LIMITED TO:
   (A) SUPPORT TO START COOPERATIVE EMPLOYEE-OWNED BUSINESSES,  INCLUDING
 BY DISPLACED WORKERS OR LABOR ORGANIZATIONS;
   (B)  INFRASTRUCTURE  PROJECTS  IN  COMMUNITIES  WHERE ENERGY-INTENSIVE
 FACILITIES ARE CLOSING;
   (C) EFFORTS  AT  RECLAMATION  PROJECT  CREATING  A  RENEWABLE  PROJECT
 LOCATED AT:
   (I) A BROWNFIELD SITE AS DEFINED IN SUBDIVISION TWO OF SECTION 27-1405
 OF  THE  ENVIRONMENTAL CONSERVATION LAW, NOT EXCLUDING A SITE SUBJECT TO
 AN ENFORCEMENT ORDER AS PROVIDED FOR IN PARAGRAPH (C) OF SUBDIVISION TWO
 OF SECTION 27-1405 OF THE ENVIRONMENTAL CONSERVATION LAW;
   (II) A DORMANT ELECTRIC GENERATING SITE AS DETERMINED BY  THE  COMMIS-
 SION; OR
   (III)  REAL  PROPERTY  OWNED  BY  A PRIVATE DEVELOPER OR REAL PROPERTY
 OWNED BY AN APPLICABLE FIRM.
   (D) PROJECTS PROPOSED THROUGH NEGOTIATED PROJECT LABOR  AGREEMENTS  OR
 NEUTRALITY  AGREEMENTS  WITH  LABOR  ORGANIZATIONS REPRESENTING IMPACTED
 WORKERS OR ADVERSELY AFFECTED WORKERS.
   (E) SMALL  BUSINESS  RETRAINING  AND  TRANSITION  PROGRAMS.  INCLUDING
 PROGRAMS  TO  IDENTIFY AND SUPPORT SMALL BUSINESSES, TO AVOID JOB LOSSES
 DUE  TO  ENERGY  TRANSITION,  MAKE  TECHNOLOGICAL  CHANGES  OR  TRAINING
 IMPROVEMENTS,  ON THE JOB TRAINING PROGRAMS, EQUIPMENT GRANTS, AND TECH-
 NICAL SUPPORT FOR EXISTING BUSINESSES TO TRANSITION TO PRACTICES FOCUSED
 ON SUSTAINABILITY, DECARBONIZATION, OR NON-EMITTING OPERATIONS.
   (F) SUPPORT FOR LOCAL MANUFACTURING COORDINATED  WITH  DECARBONIZATION
 PROGRAMS TO PROVIDE GRANTS AND NO-INTEREST LOANS TO DEVELOP AND ACCELER-
 ATE MANUFACTURING OF:
   (I)  ELECTRIC  BUSES (INCLUDING SCHOOL BUSES), ELECTRIC PICKUP TRUCKS,
 ELECTRIC CARS, AND OTHER ELECTRIC VEHICLES; AND
   (II) ENERGY-EFFICIENT ELECTRIC APPLIANCES  IN  SIGNIFICANTLY  IMPACTED
 COMMUNITIES AND ADVERSELY AFFECTED COMMUNITIES.
   §  1937. ADMINISTRATION. 1. WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF
 THIS SUBTITLE, THE AUTHORITY IS HEREBY AUTHORIZED AND DIRECTED TO ESTAB-
 LISH THE PROGRAMS AUTHORIZED BY THIS  SUBTITLE.    THE  AUTHORITY  SHALL
 IMPLEMENT THE PROGRAMS IN CONSULTATION WITH THE BOARD AND SHALL:

 S. 4264--A                         39
 
   (A)  USE  MONIES MADE AVAILABLE FOR THE PROGRAMS FOR THE ESTABLISHMENT
 OF WORKER AND COMMUNITY ASSURANCE BOARD  PURSUANT  TO  SECTION  NINETEEN
 HUNDRED  THIRTY-FOUR,  THE ESTABLISHMENT OF THE WORKER ASSURANCE PROGRAM
 PURSUANT TO SECTION NINETEEN  HUNDRED  THIRTY-FIVE,  AND  THE  COMMUNITY
 ASSURANCE  PROGRAM  PURSUANT  TO  SECTION NINETEEN HUNDRED THIRTY-SIX OF
 THIS SUBTITLE TO ACHIEVE THE PURPOSES OF EACH PROGRAM;
   (B) ENTER INTO CONTRACTS WITH ELIGIBLE LEAD APPLICANTS, ELIGIBLE  SUB-
 APPLICANTS, AND OTHER ENTITIES THROUGH THE COMPETITIVE SELECTION PROCESS
 AUTHORIZED BY THIS SUBTITLE;
   (C)  ENTER  INTO  CONTRACTS  WITH  ONE OR MORE PROGRAM IMPLEMENTERS TO
 PERFORM SUCH FUNCTIONS AS THE AUTHORITY DEEMS APPROPRIATE;
   (D) EVALUATE DISADVANTAGED COMMUNITIES AND OTHER COMMUNITIES TO  IDEN-
 TIFY  THOSE  WHERE  PERMANENT  FACILITY CLOSURE IS LIKELY, AND ENGAGE IN
 OUTREACH TO ENSURE THAT CONSTITUENCY-BASED ORGANIZATIONS,  LABOR  ORGAN-
 IZATIONS,  AND  ELIGIBLE  APPLICANTS ARE AWARE THAT THE PROGRAM IS UNDER
 DEVELOPMENT AND INVITE THEM TO BE INVOLVED IN  THE  DEVELOPMENT  OF  THE
 PROGRAM; AND
   (E)  EXERCISE SUCH OTHER POWERS AS ARE NECESSARY FOR THE PROPER ADMIN-
 ISTRATION OF THE PROGRAM.
   2. THE AUTHORITY SHALL NOTIFY LABOR ORGANIZATIONS PARTY TO  COLLECTIVE
 BARGAINING  AGREEMENTS COVERING WORKERS IN SIGNIFICANTLY IMPACTED COMMU-
 NITIES OF PROPOSED PROGRAMS OR FUNDING OPPORTUNITIES UNDER THIS SECTION.
   § 1938. ALLOCATION OF FUNDS. 1. FUNDS FROM THE FUND SHALL BE DISBURSED
 UNDER THE PROGRAMS AND BE USED TO ENSURE A STABLE TRANSITION FOR WORKERS
 AND COMMUNITIES IMPACTED BY THE TRANSITION TO  A  CARBON  FREE  ECONOMY.
 FUNDS  MAY  BE USED FOR ACTIVITIES PURSUANT TO SECTIONS NINETEEN HUNDRED
 THIRTY-FOUR, NINETEEN HUNDRED THIRTY-FIVE AND NINETEEN  HUNDRED  THIRTY-
 SIX OF THIS SUBTITLE.
   2. THE AUTHORITY SHALL:
   (A) DEVELOP CLEAR GUIDELINES AND ENGAGE IN PUBLIC COMMENT BEFORE ALLO-
 CATING FUNDS;
   (B)  DETERMINE  A TRANSPARENT AND CONSISTENT LEVEL OF FUNDING, PROGRAM
 PORTFOLIO, AND PROCESS FOR ACCESSING THAT SUPPORT IN  BOTH  THE  UPSTATE
 REGION AND THE DOWNSTATE REGION; AND
   (C)  COORDINATE  WITH THE NEW YORK STATE DEPARTMENT OF LABOR REGARDING
 THE PROGRAM ADMINISTERED BY THE AUTHORITY THAT DIRECTS FUNDS TO INDIVID-
 UAL NEW YORK RESIDENTS PURSUANT TO SECTION NINETEEN HUNDRED  THIRTY-FIVE
 OF THIS SUBTITLE;
   3.  (A)  ALL PROJECTS FUNDED PURSUANT TO THIS SECTION MUST BE OPERATED
 AS ZERO-EMISSION PROJECTS. NO FUNDS FROM THIS PROGRAM MAY BE AWARDED  TO
 ANY PROJECT THAT USES CARBON-BASED-FUELS IN ITS OPERATIONS.
   (B) NO FUNDS UNDER THIS SUBTITLE SHALL FUND POLICE, PRISONS OR RELATED
 INFRASTRUCTURE.
   (C)  FUNDS  ADMINISTERED  UNDER SECTION NINETEEN HUNDRED THIRTY-SIX OF
 THIS SUBTITLE SHOULD BE  COORDINATED  WHENEVER  POSSIBLE  WITH  EXISTING
 PROGRAMS,  AND  WITH FUNDING OPPORTUNITIES UNDER OTHER SUBTITLES OF THIS
 TITLE.
   § 1939. SELECTION PROCESS. THE DIRECTOR IS AUTHORIZED, WITHIN  AMOUNTS
 APPROPRIATED, TO DISBURSE FUNDS FROM THE FUND ON A COMPETITIVE BASIS FOR
 APPROVED PROJECTS TO ELIGIBLE APPLICANTS AND PARTNERS.
   1.  THE  DIRECTOR, IN PARTNERSHIP WITH THE TASK FORCE AND BOARD, SHALL
 DEVELOP CRITERIA AND A PROCESS FOR SELECTING PROJECT PROPOSALS SUBMITTED
 BY ELIGIBLE APPLICANTS UNDER THIS SUBTITLE.
   2. THE BOARD WILL SELECT PROJECTS BASED  ON  PROPOSALS  FROM  ELIGIBLE
 LEAD APPLICANTS AND LABOR ORGANIZATIONS, BASED ON TASK FORCE'S RECOMMEN-

 S. 4264--A                         40

 DATION,  OR  BASED  ON A REQUEST FROM AN INDIVIDUAL IMPACTED WORKERS AND
 ADVERSELY AFFECTED WORKERS.
   3.  PROPOSALS SHOULD CLEARLY ARTICULATE: THE PROGRAMS TO BE SUPPORTED;
 THE NUMBER OF WORKERS IMPACTED; OVERALL EXPECTED FUNDING LEVEL;  A  PLAN
 TO  ENGAGE THE PEOPLE MOST AFFECTED BY THE TRANSITION, INCLUDING WORKERS
 AND COMMUNITY MEMBERS; A PLAN FOR ANY  NECESSARY  SITE  REMEDIATION  AND
 ECONOMIC  DEVELOPMENT; AND A PLAN TO ENSURE THAT FUNDING IS TIME LIMITED
 TO NO MORE THAN TEN YEARS OF DIRECT SUPPORT FROM THE FUND.
   4. THE AUTHORITY SHALL GIVE PRIORITY TO PROPOSALS FROM OR RELATED TO:
   (A) DISADVANTAGED WORKERS OR DISADVANTAGED COMMUNITIES;
   (B) ADVERSELY AFFECTED WORKERS;
   (C) ELIGIBLE APPLICANTS THAT RELATE TO ADVERSELY AFFECTED EMPLOYMENT;
   (D) PROJECTS THAT HAVE SIGNIFICANT EMPLOYMENT  AND  TAX  BASE  IMPACTS
 WHEN EXPERIENCING A PERMANENT CLOSURE.
   5.  WHERE  A  PROPOSAL  IS RECEIVED AND ONE OR MORE LABOR ORGANIZATION
 REPRESENT IMPACTED WORKERS, THEY SHALL BE NOTIFIED, AND GIVEN A  REASON-
 ABLE OPPORTUNITY TO SUBMIT A PROPOSAL EITHER ON THEIR OWN OR IN PARTNER-
 SHIP WITH OTHER ELIGIBLE APPLICANTS.
   6.  IN  DEVELOPING  THE  CRITERIA,  THE  AUTHORITY AND THE BOARD SHALL
 ATTEMPT TO MAXIMIZE: THE NUMBER OF PEOPLE FROM AFFECTED COMMUNITIES THAT
 WILL BENEFIT FROM ANY IMPLEMENTED PROJECT AND FROM THE SUITE OF PROJECTS
 ACROSS THE PROGRAM; THE DEGREE OF DIRECT BENEFITS DELIVERED TO  AFFECTED
 COMMUNITIES;  GREENHOUSE  GAS AND EMISSIONS REDUCTIONS FOR REGULATED AIR
 CONTAMINANTS; AND, TO THE EXTENT POSSIBLE,  THE  LEVERAGING  OF  PRIVATE
 CAPITAL. THE CRITERIA AND PROGRAM SHALL BE REEVALUATED AND AMENDED BASED
 ON  THE  SOCIAL DIALOGUE CONVENED BY THE TASK FORCE AND REGIONAL WORKING
 GROUPS.
   7. THE AUTHORITY SHALL ENCOURAGE LEAD ELIGIBLE APPLICANTS  TO  PROPOSE
 PROJECTS  IN  PARTNERSHIP  WITH  OTHER  ELIGIBLE LEAD APPLICANTS, AND IN
 PARTNERSHIP WITH ELIGIBLE SUB-APPLICANTS,  AND  WILL  NOTIFY  ALL  THOSE
 PARTIES  INVOLVED  IF MULTIPLE PROPOSALS ARE RECEIVED REGARDING THE SAME
 SITE, WORKERS, OR COMMUNITY.
   8. WHERE POSSIBLE, THE AUTHORITY SHALL AIM TO DISTRIBUTE FUNDS  IN  AN
 EQUITABLE MANNER BY REGION OF THE STATE.
   9.  IF  ADEQUATE  FUNDING  IS  AVAILABLE,  THE  AUTHORITY MAY CONSIDER
 PROPOSALS RELATED TO OTHER IMPACTS ASSOCIATED WITH CLIMATE  CHANGE  THAT
 HAVE THE EFFECT OF CAUSING JOB LOSSES, INCLUDING CLIMATE-RELATED NATURAL
 DISASTERS.
   10.  THE  AUTHORITY  SHALL ALLOCATE FUNDING ANNUALLY, OR AS DETERMINED
 APPROPRIATE BY THE AUTHORITY FOR ENSURING  CONTINUOUS  FUNDING  FOR  THE
 NEEDS OF THE CHOSEN PROGRAMS AND PROJECTS.
   §  1939-A.  DESIGNATION  OF  SIGNIFICANT  IMPACT. 1. THE AUTHORITY, IN
 COOPERATION WITH THE BOARD AND WORKING GROUP, SHALL  ESTABLISH  CRITERIA
 TO  DETERMINE  WHEN  AN  INDUSTRY HAS BECOME SIGNIFICANTLY IMPACTED AS A
 DIRECT RESULT OF POLICIES TO REDUCE GREENHOUSE GAS EMISSIONS IN NEW YORK
 STATE. THE AUTHORITY SHALL IDENTIFY AN INITIAL SET  OF  INDUSTRIES  THAT
 ARE  SIGNIFICANTLY  IMPACTED  AS  A DIRECT RESULT OF EMISSIONS REDUCTION
 POLICIES FOR THE PURPOSES OF IMPLEMENTING THIS  SECTION.    AFTER  THOSE
 INITIAL  SET  OF INDUSTRIES, FURTHER INDUSTRIES CAN BE ADDED BY THE TASK
 FORCE.
   2. IN DESIGNING THE CRITERIA AND LISTING THE INDUSTRIES  DESCRIBED  IN
 SUBDIVISION  ONE  OF  THIS SECTION, THE AUTHORITY SHALL CONSIDER FACTORS
 SUCH AS:
   (A) PERMANENT FACILITY CLOSURES OR THE  CLOSURE  OF  BUSINESSES  AS  A
 RESULT  OF  REGULATORY  CHANGES  RELATED  TO  THE  CLIMATE AND COMMUNITY
 INVESTMENT ACT;

 S. 4264--A                         41

   (B) SIGNIFICANT JOB LOSSES ACROSS AN INDUSTRY AS A RESULT  OF  TECHNO-
 LOGICAL  CHANGE  IN ORDER TO ACHIEVE GREENHOUSE GAS EMISSION REDUCTIONS;
 OR
   (C)  LOSS  OF  PROPERTY  TAX  OR SCHOOL TAX REVENUE THAT WOULD LEAD TO
 LOCAL LAYOFFS OR SERVICE REDUCTIONS AS A RESULT  OF  REGULATORY  CHANGES
 RELATED TO SUCH ACT.
   3.  BEFORE FINALIZING THE CRITERIA FOR IDENTIFYING INDUSTRIES THAT ARE
 SIGNIFICANTLY IMPACTED AS A DIRECT RESULT OF CLIMATE CHANGE  POLICY  AND
 IDENTIFYING  A  LIST  OF  SIGNIFICANTLY  IMPACTED INDUSTRIES PURSUANT TO
 SUBDIVISION ONE OF THIS SECTION, THE AUTHORITY SHALL ENSURE  THAT  THERE
 ARE  MEANINGFUL  OPPORTUNITIES  FOR PUBLIC COMMENT, INCLUDING BY PERSONS
 WORKING IN POTENTIALLY SIGNIFICANTLY  IMPACTED  INDUSTRIES  AND  PERSONS
 THAT  MAY BE IDENTIFIED AS PART OF AFFECTED COMMUNITIES PURSUANT TO THIS
 TITLE, INCLUDING BY:
   (A) PUBLISHING DRAFT  CRITERIA  AND  A  DRAFT  LIST  OF  SIGNIFICANTLY
 IMPACTED  INDUSTRIES AND MAKING SUCH INFORMATION AVAILABLE ON THE INTER-
 NET.
   (B) HOLDING AT LEAST SIX REGIONAL PUBLIC HEARINGS ON THE DRAFT  CRITE-
 RIA  AND  THE DRAFT LIST OF SIGNIFICANTLY IMPACTED INDUSTRIES, INCLUDING
 AT LEAST THREE MEETINGS IN THE UPSTATE REGION AND THREE MEETINGS IN  THE
 DOWNSTATE REGION; AND
   (C)  ALLOWING  AT  LEAST ONE HUNDRED TWENTY DAYS FOR THE SUBMISSION OF
 PUBLIC COMMENT, FOLLOWING THE DATE OF THE PUBLICATION OF DRAFT  CRITERIA
 DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION.
   4.  THE AUTHORITY, IN COOPERATION WITH THE BOARD AND THE WORKING GROUP
 SHALL MEET NO LESS THAN FOUR TIMES ANNUALLY TO REVIEW THE  CRITERIA  AND
 METHODS  USED  TO  IDENTIFY  SIGNIFICANTLY  IMPACTED INDUSTRIES, AND MAY
 MODIFY SUCH METHODS TO INCORPORATE NEW  DATA  AND  SCIENTIFIC  FINDINGS,
 SUBJECT  TO THE SAME PROCESS REQUIREMENTS LISTED UNDER SUBDIVISION THREE
 OF THIS SECTION.
   5. AN INDUSTRY THAT HAS BEEN SIGNIFICANTLY IMPACTED AS A DIRECT RESULT
 OF CLIMATE CHANGE POLICY, OR  WORKERS  IN  AN  INDUSTRY  THAT  HAS  BEEN
 SIGNIFICANTLY  IMPACTED AS A DIRECT RESULT OF CLIMATE CHANGE POLICY, MAY
 ALSO BE IDENTIFIED BASED ON A PETITION FROM A MUNICIPALITY, LABOR ORGAN-
 IZATION, OR CONSTITUENCY-BASED ORGANIZATION LOCATED IN OR ADJACENT TO AN
 IMPACTED COMMUNITY.
   6. THE COMPTROLLER OF THE STATE OF NEW YORK SHALL, BOTH AS A MEMBER OF
 THE BOARD AND INDEPENDENT OF THE BOARD, SHALL OVERSEE  THE  DISTRIBUTION
 OF FUNDS IN COLLABORATION WITH THE AUTHORITY.
   §  1939-B.  PUBLIC  ENGAGEMENT AND SOCIAL DIALOGUE. 1. THE BOARD SHALL
 REGULARLY SEEK INPUT AND FEEDBACK FROM  THE  COMMUNITY,  BOTH  IN  EVERY
 REGION AND DIRECTLY FROM IMPACTED COMMUNITIES AND IMPACTED WORKERS.
   2.  ALL  MEETINGS OF THE BOARD MUST BE OPEN PUBLIC MEETINGS, AND SHALL
 INCLUDE OPPORTUNITIES FOR MEANINGFUL PUBLIC INPUT AND  ALLOW  ALL  THOSE
 AFFECTED THE OPPORTUNITY TO BE A PART OF THE DIALOGUE; ADDITIONALLY, THE
 BOARD SHALL HOLD REGIONAL MEETINGS IN EACH REGION EACH YEAR, IN ADDITION
 TO THEIR REGULAR MEETINGS IN ORDER TO GET PUBLIC INPUT.
   3. IN COLLABORATION WITH THE JUST TRANSITION WORKING GROUP, THE DIREC-
 TOR  WILL  RELEASE  A  PRELIMINARY REPORT WITHIN ONE YEAR OF THEIR FIRST
 MEETING, BUT AFTER COMPLETING PUBLIC ENGAGEMENT MEETINGS IN EACH  REGION
 THIS REPORT WILL INCLUDE:
   (A)  INITIAL  RECOMMENDATIONS  FOR  A PROCESS FOR A COMPREHENSIVE LONG
 TERM JUST TRANSITION PLANNING FOR NEW YORK  STATE,  INCLUDING,  BUT  NOT
 LIMITED  TO  IDENTIFYING  IMPACTED  COMMUNITIES,  IDENTIFYING APPLICABLE
 FIRMS, MAKING RECOMMENDATIONS FOR ONGOING WORKFORCE  STRATEGY,  AND  ANY
 ADDITIONAL PROGRAMS OR SUPPORTS REQUIRED FOR A JUST TRANSITION.

 S. 4264--A                         42
 
   (B)  IDENTIFYING  EVERY  COMMUNITY  ACROSS  NEW YORK THAT IS ALREADY A
 SIGNIFICANTLY IMPACTED  COMMUNITY,  ALREADY  HAS  SIGNIFICANT  ADVERSELY
 AFFECTED  EMPLOYMENT  (INCLUDING  SIGNIFICANT  EMPLOYMENT  IN THE ENERGY
 INDUSTRY IS LIKELY TO BE A SIGNIFICANTLY IMPACTED COMMUNITY), OR ALREADY
 HAS  IMPACTED  WORKERS  OR  PERMANENTLY CLOSED FACILITIES. THE BASIS FOR
 COMMUNITIES TO BE INCLUDED, AND TO SCHEDULE  A  START  DATE  FOR  SOCIAL
 DIALOGUE  AND  THE  CREATION  OF  REGIONAL WORKING GROUPS SHALL BEGIN BY
 CONVENING THE WORKERS AND MEMBERS OF THE IMPACTED COMMUNITIES TO BEGIN A
 DISCUSSION ABOUT CLIMATE CHANGE'S IMPACTS  ON  THE  WORKFORCE  AND  HOST
 COMMUNITIES.
   4.  THE DIRECTOR WILL CREATE WORKING GROUPS IN EACH REGION TO COMMENCE
 A SOCIAL DIALOGUE  CONSISTING  OF  DISCUSSIONS  WHERE  PARTICIPANTS  CAN
 DISCUSS,  BE  PROVIDED WITH RESOURCES, AND DEVELOP A CONSENSUS ABOUT HOW
 TO RESPOND TO THE CHALLENGES OF THE TRANSITION. THE SOCIAL DIALOGUE MUST
 BE DIRECTED BY THE PEOPLE MOST AFFECTED. GOALS OF  THE  SOCIAL  DIALOGUE
 INCLUDE: ENSURING ECONOMIC DECISIONS ARE MADE WITH REAL INPUT FROM THOSE
 MOST  AFFECTED  THEY  MUST INCLUDE ENGAGEMENT WITH THE BROADER COMMUNITY
 AND ACROSS SECTORS INCLUDING INPUT FROM THE  COMMUNITY,  WORKERS,  BUSI-
 NESSES  AND  OTHERS WHO ARE IMPACTED BY CLIMATE POLICIES, UNCOVERING THE
 BEST LOCAL ECONOMIC DEVELOPMENT AND WORKFORCE PLANS AND  SET  THE  STAGE
 FOR  DIVERSE  INVESTMENTS  INTO  COMMUNITY  REBIRTH PROVIDE RESOURCES TO
 COMMUNITIES TO DEVELOP SOLUTIONS, INCLUDING ACCESS TO  TECHNICAL  EXPER-
 TISE,  INFORMATION  ABOUT  CLIMATE  CHANGE,  ITS IMPACTS AND CAUSES; THE
 IMPACT CLIMATE CHANGE HAS ON THE  COMMUNITIES  AND  THE  WORKFORCE,  AND
 REGIONAL ECONOMY; AND INFORMATION ABOUT EMERGING JOBS AND SECTORS.
   5. WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SUBTITLE, THE DIREC-
 TOR AND BOARD WILL RELEASE A DRAFT PLAN THAT MUST INCLUDE, AT A MINIMUM:
   (A) SPECIFICS OF HOW TO TRANSITION A WORKFORCE INTO EMERGING JOBS;
   (B) ESTIMATES OF SUFFICIENT RESOURCES FOR THAT TRANSITION;
   (C)  WHAT EXPERTISE AND SUPPORTS MUST BE ALLOCATED FOR THE DEVELOPMENT
 AND IMPLEMENTATION OF AN EFFECTIVE WORKFORCE PLAN;
   (D) A SKILLS MAP FOR EACH IMPACTED POSITION, CURRENT AND EMERGING  NEW
 ENERGY  JOBS AND REGIONAL EMPLOYMENT OPPORTUNITIES WITH SIMILAR REQUIRE-
 MENTS; AND
   (E) EDUCATION AND TRAINING OPTIONS FOR WORKERS  THAT  ALLOWS  THEM  TO
 RAPIDLY  RE-SKILL  FOR  JOBS IN DEMAND THAT RECOGNIZES THEIR CURRENT AND
 TRANSFERABLE SKILLS, PROVIDES COMPETENCY-BASED TRAINING, LEARN AND EARN,
 AND CREDIT FOR PRIOR LEARNING  OPPORTUNITIES  UPSKILLING  THROUGH  JOINT
 LABOR  MANAGEMENT  JOURNEYPERSON  EXTENSION  PROGRAMS SPONSORED BY JOINT
 APPRENTICESHIP TRAINING PROGRAMS.
   6. THE DIRECTOR WILL ALSO SEEK PUBLIC INPUT ON:
   (A) A POLICY FOR WORKFORCE IMPACT STATEMENTS; AND
   (B) ADDITIONAL POTENTIAL FUNDING AND POSSIBLE PARTNERSHIPS FOR  OPPOR-
 TUNITY AND WORKFORCE AND ECONOMIC REVITALIZATION.
   7.  FOR  THE  PURPOSES  OF  SUBDIVISIONS  TWO,  THREE AND FOUR OF THIS
 SECTION, "REGION" SHALL HAVE THE SAME MEANING AS IN SUBDIVISION NINE  OF
 SECTION TWO THOUSAND FOUR HUNDRED TWENTY-SIX OF THIS ARTICLE.
   §  1939-C.  REPORTING. 1. NO LATER THAN TWO YEARS FOLLOWING THE EFFEC-
 TIVE DATE OF THIS SUBTITLE, AND EVERY TWO YEARS THEREAFTER, THE AUTHORI-
 TY, IN PARTNERSHIP WITH THE WORKING GROUP, SHALL PRODUCE A REPORT ON THE
 IMPLEMENTATION OF THE PROGRAM ESTABLISHED UNDER THIS  SUBTITLE  AND  THE
 EXTENT  TO  WHICH PROGRAM IMPLEMENTATION IS MEETING STATED PROGRAM GOALS
 AND PRIORITIES. SUCH REPORT SHALL INCLUDE BUT NOT BE LIMITED TO:
   (A) REPORTING ON THE EFFECTIVENESS OF THE POLICIES  ESTABLISHED  UNDER
 THIS  SUBTITLE  TO  THE  LEGISLATURE  AND PUBLIC ON THE JOB CREATION AND
 RETENTION IMPACTS;

 S. 4264--A                         43
 
   (B) AN OVERVIEW OF SOCIAL BENEFITS PURSUANT TO THE  IMPLEMENTATION  OF
 THIS SECTION, INCLUDING BENEFITS TO THE ECONOMY, ENVIRONMENT, AND PUBLIC
 HEALTH, INCLUDING WOMEN'S HEALTH;
   (C) AN OVERVIEW OF ADMINISTRATIVE COSTS FOR THE AUTHORITY, THE DEPART-
 MENT AND OTHER STATE AGENCIES;
   (D) RECOMMENDATIONS FOR FUTURE POLICY PERTAINING TO TRANSITION ASSIST-
 ANCE; AND
   (E)  DATA  IDENTIFYING  BOTH  WHO SUBMITTED PETITIONS AND WHO RECEIVED
 SUPPORT FROM THE PROGRAM AND WHY.
   2. (A) PRIOR TO FINALIZING THE REPORT DESCRIBED IN SUBDIVISION ONE  OF
 THIS  SECTION,  THE  AUTHORITY  SHALL  ENSURE  THAT THERE ARE MEANINGFUL
 OPPORTUNITIES FOR PUBLIC PARTICIPATION, INCLUDING BY:
   (I) ALLOWING AT LEAST ONE HUNDRED TWENTY DAYS FOR  THE  SUBMISSION  OF
 PUBLIC COMMENT, FOLLOWING THE DATE OF THE PUBLICATION OF A DRAFT REPORT;
 AND
   (II)  HOLDING  AT LEAST FOUR REGIONAL PUBLIC HEARINGS, INCLUDING:  TWO
 MEETINGS IN THE UPSTATE REGION AND TWO MEETINGS IN THE DOWNSTATE REGION,
 WITH EMPHASIS ON MAXIMIZING PARTICIPATION AND ACCESSIBILITY FOR  MEMBERS
 OF DISADVANTAGED COMMUNITIES.
   (B) THE FOLLOWING ENTITIES SHALL BE INVITED TO ATTEND AND GIVEN NOTICE
 OF THE PUBLIC HEARINGS DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION:
   (I) ENVIRONMENTAL JUSTICE REPRESENTATIVES;
   (II) ORGANIZATIONS REPRESENTING DISADVANTAGED COMMUNITY MEMBERS;
   (III) LABOR ORGANIZATIONS IN THE AREA;
   (IV) LOCAL BUSINESSES;
   (V) LOCAL GOVERNMENTS AND SCHOOL AUTHORITIES; AND
   (VI) CLIMATE CHANGE EXPERTS.
   3. THE FINAL REPORT DESCRIBED IN SUBDIVISION ONE OF THIS SECTION SHALL
 BE  SUBMITTED  TO THE GOVERNOR, THE PRESIDENT OF THE SENATE, THE SPEAKER
 OF THE ASSEMBLY, THE MINORITY LEADER OF  THE  SENATE  AND  THE  MINORITY
 LEADER OF THE ASSEMBLY AND SHALL BE POSTED ON THE WEBSITE OF THE AUTHOR-
 ITY.  ADDITIONALLY,  ALL  REPORTS  SHALL  BE SHARED PUBLICLY THROUGH THE
 DEPARTMENT OF INFORMATION TECHNOLOGY AND TELECOMMUNICATIONS OF THE  CITY
 OF NEW YORK.
   §  8.  Article  8 of the public authorities law is amended by adding a
 new title 36 to read as follows:
                                 TITLE 36
                CLIMATE AND COMMUNITY INVESTMENT AUTHORITY
 SECTION 2799-TTTT. DEFINITIONS.
         2799-UUUU.  THE CLIMATE AND COMMUNITY  INVESTMENT  AUTHORITY  OF
                       THE STATE OF NEW YORK; CREATION.
         2799-WWWW.  BOARD OF TRUSTEES.
         2799-XXXX.  OFFICERS AND EMPLOYEES; EXPENSES.
         2799-YYYY.  POWERS AND DUTIES OF THE AUTHORITY.
         2799-ZZZZ.  CONTRACTS NEGOTIATED BY THE AUTHORITY.
         2799-AAAAA. SUBSIDIARIES.
         2799-BBBBB. NOTES OF THE AUTHORITY.
         2799-CCCCC. BONDS OF THE AUTHORITY.
         2799-DDDDD. GUARANTY BY THE STATE.
         2799-EEEEE. STATE  AND  MUNICIPALITIES  NOT  LIABLE  ON BONDS OR
                      NOTES.
         2799-FFFFF. LEGAL INVESTMENTS.
         2799-GGGGG. DEPOSIT AND INVESTMENT OF MONIES OF THE AUTHORITY.
         2799-HHHHH. AGREEMENT OF THE STATE.
         2799-IIIII. EXEMPTION FROM TAXATION.
         2799-JJJJJ. TAX COVENANT.

 S. 4264--A                         44
 
         2799-KKKKK. REPAYMENT OF STATE APPROPRIATIONS.
         2799-LLLLL. EQUAL  EMPLOYMENT OPPORTUNITY AND MINORITY AND WOMEN
                       OWNED BUSINESS ENTERPRISE PROGRAMS.
         2799-MMMMM. PREVAILING WAGE.
         2799-NNNNN. AUDITS AND ANNUAL REPORTS.
         2799-OOOOO. TRANSPARENCY.
         2799-PPPPP. CORPORATE EXISTENCE.
         2799-QQQQQ. CONFLICTS OF INTEREST.
         2799-RRRRR. EXCULPATION.
         2799-SSSSS. LIBERAL INTERPRETATION.
         2799-TTTTT. SEVERABILITY.
         2799-UUUUU. INCONSISTENT PROVISIONS OF OTHER LAWS SUPERSEDED.
         2799-VVVVV. TITLE NOT AFFECTED IF IN PART UNCONSTITUTIONAL.
         2799-WWWWW. CLIMATE MANUFACTURING CAREERS POLICY.
         2799-XXXXX. ADDITIONAL RESPONSIBLE CONTRACTING STANDARDS.
   § 2799-TTTT. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE, THE  FOLLOW-
 ING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "ACQUIRE" MEANS, WITH RESPECT TO ANY RIGHT, TITLE OR INTEREST IN OR
 TO  ANY  PROPERTY, EITHER THE ACT OF TAKING BY THE EXERCISE OF THE POWER
 OF EMINENT DOMAIN, OR THE ACQUISITION BY PURCHASE OR OTHERWISE.
   2. "AUTHORITY" OR "THE CLIMATE  AND  COMMUNITY  INVESTMENT  AUTHORITY"
 MEANS THE CLIMATE AND COMMUNITY INVESTMENT AUTHORITY OF THE STATE OF NEW
 YORK  ESTABLISHED  BY  SECTION  TWENTY-SEVEN HUNDRED NINETY-NINE-UUUU OF
 THIS TITLE.
   3. "BOARD" MEANS THE BOARD OF TRUSTEES OF THE AUTHORITY.
   4. "BONDS" OR "NOTES" MEAN  THE  BONDS,  NOTES  OR  OTHER  OBLIGATIONS
 ISSUED BY THE AUTHORITY PURSUANT TO THIS TITLE.
   5.  "DIRECTOR"  MEANS  THE DIRECTOR OF AN OFFICE APPOINTED UNDER PARA-
 GRAPH (B) OF SUBDIVISION SEVEN OF SECTION TWENTY-SEVEN  HUNDRED  NINETY-
 NINE-UUUU OF THIS TITLE.
   6.  "MUNICIPALITY"  MEANS  ANY  COUNTY, CITY, TOWN, VILLAGE, MUNICIPAL
 CORPORATION, SCHOOL DISTRICT  OR  OTHER  POLITICAL  SUBDIVISION  OF  THE
 STATE,  INCLUDING  ANY  AGENCY,  AUTHORITY  OR PUBLIC CORPORATION OF THE
 STATE OR ANY OF THE FOREGOING OR ANY COMBINATION THEREOF, OTHER THAN THE
 AUTHORITY.
   7. "PRESIDENT" MEANS  THE  PRESIDENT  OF  THE  CLIMATE  AND  COMMUNITY
 INVESTMENT AUTHORITY.
   8.  "PROJECT" MEANS AN ACTION UNDERTAKEN BY THE AUTHORITY THAT: CAUSES
 THE AUTHORITY TO ISSUE BONDS, NOTES OR OTHER OBLIGATIONS, OR  SHARES  IN
 ANY  SUBSIDIARY  CORPORATION,  OR  SIGNIFICANTLY  MODIFIES THE USE OF AN
 ASSET VALUED AT MORE THAN ONE MILLION DOLLARS OWNED BY THE AUTHORITY  OR
 INVOLVES  THE  SALE,  LEASE  OR  OTHER  DISPOSITION OF SUCH AN ASSET, OR
 COMMITS THE AUTHORITY TO A  CONTRACT  FOR  A  PUBLIC  WORKS  PROJECT  IN
 RECEIPT  OF  MORE  THAN  ONE HUNDRED THOUSAND DOLLARS IN TOTAL FINANCIAL
 ASSISTANCE; PROJECTS WITH  A  TOTAL  VALUE  OF  MORE  THAN  TEN  MILLION
 DOLLARS; AND PRIVATELY-FINANCED PROJECTS ON PUBLIC PROPERTY.
   9. "REVENUE" MEANS ALL RATES, RENTS, FEES, CHARGES, PAYMENTS AND OTHER
 INCOME  AND  RECEIPTS DERIVED BY THE AUTHORITY FROM THE OPERATION OF THE
 AUTHORITY OTHER THAN THE  PROCEEDS  OF  THE  SALES  OF  ITS  SECURITIES,
 INCLUDING,  BUT  NOT  LIMITED  TO,  INVESTMENT  PROCEEDS AND PROCEEDS OF
 INSURANCE, CONDEMNATION, AND  SALES  OR  OTHER  DISPOSITION  OF  ASSETS,
 TOGETHER WITH ALL FEDERAL, STATE OR MUNICIPAL AID.
   10. "COMPTROLLER" MEANS THE NEW YORK STATE COMPTROLLER.
   §  2799-UUUU.  THE  CLIMATE  AND COMMUNITY INVESTMENT AUTHORITY OF THE
 STATE OF NEW YORK; CREATION.   1. THERE IS HEREBY  CREATED  A  CORPORATE
 INSTRUMENTALITY  OF  THE STATE TO BE KNOWN AS THE "CLIMATE AND COMMUNITY

 S. 4264--A                         45
 
 INVESTMENT AUTHORITY OF THE STATE OF NEW YORK" WHICH  SHALL  BE  A  BODY
 CORPORATE  AND POLITICAL AND A POLITICAL SUBDIVISION OF THE STATE, EXER-
 CISING ESSENTIAL GOVERNMENT AND PUBLIC POWERS.
   2.  THE  AREA OF OPERATIONS OF THE AUTHORITY SHALL BE THE STATE OF NEW
 YORK.
   3. THE AUTHORITY SHALL NOT BE CREATED OR ORGANIZED, AND ITS OPERATIONS
 SHALL NOT BE CONDUCTED, FOR THE PURPOSE OF MAKING A PROFIT. NO  PART  OF
 THE REVENUES OR ASSETS OF THE AUTHORITY SHALL INURE TO THE BENEFIT OF OR
 BE  DISTRIBUTABLE  TO  ITS  TRUSTEES  OR  OFFICERS  OR ANY OTHER PRIVATE
 PERSONS, EXCEPT AS PROVIDED FOR ACTUAL SERVICES RENDERED.
   4. THE POWER OF THE AUTHORITY SHALL BE VESTED IN AND  EXERCISED  BY  A
 MAJORITY  OF  THE  MEMBERS  OF  THE BOARD THEN IN OFFICE. SUCH BOARD MAY
 DELEGATE TO ONE OR MORE OF ITS  MEMBERS  OR  ITS  OFFICERS,  AGENTS  AND
 EMPLOYEES SUCH POWERS AND DUTIES AS IT MAY DEEM PROPER.
   5. THE BOARD SHALL ELECT AND APPOINT A PRESIDENT OF THE AUTHORITY.
   6. THE BOARD SHALL CREATE WITHIN THE AUTHORITY:
   (A) AN OFFICE OF ENVIRONMENTAL JUSTICE;
   (B) AN OFFICE OF HOUSEHOLD AND SMALL BUSINESS ENERGY REBATES;
   (C) AN OFFICE OF CLIMATE JOBS AND INFRASTRUCTURE;
   (D) AN OFFICE OF COMMUNITY JUST TRANSITION;
   (E) AN OFFICE OF WORKER AND COMMUNITY ASSURANCE;
   (F) AN OFFICE OF VALUE OF POLLUTION AND MITIGATION PROGRAM;
   (G) AN OFFICE OF PROCUREMENT;
   (H) AN OFFICE OF PUBLIC ENGAGEMENT AND INDEPENDENT OMBUDSPERSON; AND
   (I) ANY OTHER OFFICES AS NECESSARY.
   7. EACH OFFICE CREATED BY THE AUTHORITY SHALL:
   (A)  ABIDE  BY  THE PRINCIPLES OF ENVIRONMENTAL JUSTICE, INCLUDING THE
 FEDERAL  EXECUTIVE  ORDER  12898  OF  1994,  RELATING  TO  ENVIRONMENTAL
 JUSTICE, AND THE JEMEZ PRINCIPLES OF DEMOCRATIC ORGANIZING. SUCH PRINCI-
 PLES  SHALL  INCLUDE:  BEING INCLUSIVE; PLACING AN EMPHASIS ON BOTTOM-UP
 ORGANIZING; LETTING PEOPLE SPEAK FOR  THEMSELVES;  WORKING  TOGETHER  IN
 SOLIDARITY  AND  MUTUALITY; BUILDING JUST RELATIONSHIPS AMONG OURSELVES;
 AND MAKING A COMMITMENT TO SELF-TRANSFORMATION.
   (B) BE LED BY A DIRECTOR. NOT LATER THAN SIX MONTHS AFTER  THE  FORMA-
 TION  OF THE AUTHORITY, THE CLIMATE JUSTICE WORKING GROUP SHALL NOMINATE
 NOT LESS THAN THREE CANDIDATES FOR THE POSITION  OF  DIRECTOR  FOR  EACH
 OFFICE  OF  THE AUTHORITY. NOT LATER THAN THREE MONTHS AFTER THE CLIMATE
 JUSTICE WORKING GROUP HAS  NOMINATED  CANDIDATES,  THE  PRESIDENT  SHALL
 SELECT THE DIRECTOR FOR EACH OFFICE FROM THIS GROUP OF CANDIDATES.
   8.  THE BOARD AND ITS CORPORATE EXISTENCE SHALL CONTINUE SO LONG AS IT
 SHALL HAVE NOTES, BONDS  OR  OTHER  OBLIGATIONS  OUTSTANDING  (INCLUDING
 NOTES,  BONDS OR OBLIGATIONS HEREAFTER ISSUED OR INCURRED) AND UNTIL ITS
 EXISTENCE SHALL BE TERMINATED BY LAW. UPON THE TERMINATION OF THE EXIST-
 ENCE OF THE AUTHORITY, ALL ITS RIGHTS AND PROPERTIES SHALL PASS  TO  AND
 BE VESTED IN THE STATE.
   §  2799-WWWW. BOARD OF TRUSTEES. 1. BEGINNING NO LATER THAN SIX MONTHS
 FOLLOWING THE EFFECTIVE DATE OF THIS TITLE, THE BOARD OF  THE  AUTHORITY
 SHALL BE CREATED AND SHALL CONSIST OF THIRTEEN TRUSTEES INCLUDING:
   (A)  FIVE  TRUSTEES  SERVING  EX  OFFICIO,  WHICH SHALL CONSIST OF THE
 COMMISSIONER OF THE DEPARTMENT OF TRANSPORTATION,  THE  COMMISSIONER  OF
 THE  DEPARTMENT  OF  ENVIRONMENTAL CONSERVATION, THE PRESIDENT AND CHIEF
 EXECUTIVE OFFICER OF THE NEW YORK STATE ENERGY RESEARCH AND  DEVELOPMENT
 AUTHORITY,  THE  CHAIR OF THE PUBLIC SERVICE COMMISSION, AND THE COMMIS-
 SIONER OF THE DEPARTMENT OF LABOR;
   (B) TWO TRUSTEES TO BE APPOINTED BY THE  GOVERNOR  WITH  CONSENT  FROM
 BOTH HOUSES OF THE LEGISLATURE,

 S. 4264--A                         46
 
   (C)  THREE  TRUSTEES TO BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
 SENATE, AND
   (D) THREE TRUSTEES TO BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY.
   2.  THE  BOARD  SHALL BE CHAIRED BY A BOARD MEMBER ELECTED BY THE FULL
 BOARD, WHO SHALL NOT BE AN EX OFFICIO MEMBER.
   3. AT THE TIME OF APPOINTMENT AND FOR THE DURATION OF SERVICE:
   (A) AT LEAST ONE BOARD APPOINTEE SHALL LIVE IN EACH OF  THE  FOLLOWING
 REGIONS:  WESTERN  NEW  YORK, THE FINGER LAKES REGION, CENTRAL NEW YORK,
 THE SOUTHERN TIER, MOHAWK VALLEY, THE  NORTH  COUNTRY,  MID-HUDSON,  AND
 LONG ISLAND;
   (B) AT MINIMUM THREE BOARD APPOINTEES SHALL BE REPRESENTATIVE OF ENVI-
 RONMENTAL JUSTICE COMMUNITIES;
   (C) ONE SHALL BE A REPRESENTATIVE OF A YOUTH ORGANIZATION WHO IS UNDER
 THE AGE OF TWENTY-SIX YEARS OLD; AND
   (D)  ALL  TRUSTEES  APPOINTED  UNDER  THIS SECTION SHALL HAVE RELEVANT
 EXPERIENCE IN ANY OR ALL OF THE FOLLOWING AREAS: UTILITY,  ENVIRONMENTAL
 JUSTICE,  ENERGY  MARKETS,  ENERGY  SYSTEMS,  ORGANIZED LABOR, WORKFORCE
 DEVELOPMENT, SUSTAINABLE LAND USE, TRANSPORTATION, AND CLEAN ENERGY.
   4. OF THE APPOINTED BOARD TRUSTEES, FOUR SHALL SERVE INITIAL TERMS  OF
 THREE  YEARS, WHILE THE REMAINING FOUR SHALL SERVE INITIAL TERMS OF FOUR
 YEARS. THEREAFTER, ALL TERMS SHALL BE FOR A PERIOD OF FOUR YEARS. IN THE
 EVENT OF A VACANCY OCCURRING IN THE OFFICE OF A BOARD TRUSTEE BY  DEATH,
 RESIGNATION  OR  OTHERWISE,  THE  RESPECTIVE  APPOINTING  OFFICER  SHALL
 APPOINT A SUCCESSOR WHO SHALL HOLD OFFICE FOR THE UNEXPIRED  PORTION  OF
 SUCH TERM.
   5.  A QUORUM FOR THE PURPOSES OF ORGANIZING THE AUTHORITY AND CONDUCT-
 ING BUSINESS THEREOF SHALL MEAN FIFTY PERCENT PLUS ONE.
   6. NO BOARD TRUSTEE SHALL RECEIVE A SALARY, BUT EACH SHALL BE ENTITLED
 TO REIMBURSEMENT FOR REASONABLE EXPENSES IN THE  PERFORMANCE  OF  DUTIES
 ASSIGNED UNDER THIS TITLE.
   7. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW, ANY TRUSTEE, OFFI-
 CER OR EMPLOYEE OF THE STATE, A STATE AGENCY, OR A MUNICIPALITY SHALL BE
 DEEMED  TO HAVE FORFEITED OR SHALL FORFEIT THEIR OFFICE OR EMPLOYMENT BY
 REASON OF THEIR ACCEPTANCE OF A BOARD TRUSTEE POSITION ON THE AUTHORITY.
   § 2799-XXXX. OFFICERS AND EMPLOYEES; EXPENSES. 1. PURSUANT TO AUTHORI-
 TY DULY DELEGATED TO HIM OR HER, A DIRECTOR  FROM  TIME  TO  TIME  SHALL
 HIRE,  WITHOUT  REGARD  TO  ANY PERSONNEL OR CIVIL SERVICE LAW, RULE, OR
 REGULATION OF THE STATE AND IN ACCORDANCE WITH GUIDELINES ADOPTED BY THE
 BOARD, SUCH OFFICERS, EMPLOYEES AND CONSULTANTS, AS THEY MAY REQUIRE FOR
 THE PERFORMANCE OF THEIR DUTIES  AND  SHALL  PRESCRIBE  THE  DUTIES  AND
 COMPENSATION  OF  EACH  SUCH  OFFICER, EMPLOYEE OR CONSULTANT.  NOTWITH-
 STANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW, THE  BOARD
 MAY DETERMINE THAT, IF ANY PENSION OR RETIREMENT PLAN BECOMES INAPPLICA-
 BLE  OR  IS TERMINATED, ALL OR SUCH CLASS OR CLASSES OF EMPLOYEES OF THE
 AUTHORITY AS THE BOARD MAY DETERMINE MAY ELECT TO BECOME MEMBERS OF  THE
 NEW YORK STATE EMPLOYEES' RETIREMENT SYSTEM ON THE BASIS OF COMPENSATION
 PAYABLE TO THEM BY THE AUTHORITY.
   2.  OFFICERS AND EMPLOYEES OF ANY STATE AGENCY, DEPARTMENT OR DIVISION
 MAY BE TRANSFERRED TO THE AUTHORITY, AND OFFICERS, AND EMPLOYEES OF  THE
 AUTHORITY  MAY  BE TRANSFERRED TO ANY STATE AGENCY, DEPARTMENT, OR DIVI-
 SION WITHOUT EXAMINATION AND WITHOUT LOSS OF ANY CIVIL SERVICE STATUS OR
 RIGHTS. NO SUCH TRANSFER FROM THE AUTHORITY TO ANY STATE AGENCY, DEPART-
 MENT, OR DIVISION SHALL BE MADE WITHOUT THE APPROVAL OF THE HEAD OF SUCH
 STATE AGENCY, DEPARTMENT, OR DIVISION AND THE DIRECTOR  OF  THE  BUDGET,
 AND  SUCH TRANSFER SHALL BE IN COMPLIANCE WITH THE RULES AND REGULATIONS
 OF THE STATE CIVIL SERVICE COMMISSION.

 S. 4264--A                         47

   § 2799-YYYY. POWERS AND DUTIES OF THE AUTHORITY. 1. EXCEPT  AS  OTHER-
 WISE  LIMITED  BY THIS TITLE, THE AUTHORITY SHALL HAVE ALL OF THE POWERS
 NECESSARY OR CONVENIENT TO CARRY OUT THE PURPOSES AND PROVISIONS OF THIS
 TITLE, INCLUDING BUT NOT LIMITED TO, THE POWER TO:
   (A)  SUE  AND  BE SUED IN ALL COURTS AND TO PARTICIPATE IN ACTIONS AND
 PROCEEDINGS, WHETHER JUDICIAL, ADMINISTRATIVE, ARBITRATIVE OR OTHERWISE;
   (B) HAVE A CORPORATE SEAL, TO ALTER SUCH SEAL AT PLEASURE, AND TO  USE
 SUCH SEAL BY CAUSING SUCH SEAL OR BE AFFIXED, IMPRESSED OR REPRODUCED IN
 ANY MANNER DEEMED APPROPRIATE;
   (C)  APPOINT  OFFICERS,  AGENTS  AND  EMPLOYEES, WITHOUT REGARD TO ANY
 PERSONNEL OR CIVIL SERVICE LAW, RULE OR REGULATION OF THE STATE  AND  IN
 ACCORDANCE  WITH GUIDELINES ADOPTED BY THE AUTHORITY, TO PRESCRIBE THEIR
 DUTIES AND QUALIFICATIONS AND TO FIX AND PAY THEIR COMPENSATION;
   (D) PURCHASE, RECEIVE, TAKE BY GRANT, GIFT, DEVISE, BEQUEST OR  OTHER-
 WISE,  LEASE,  OR  OTHERWISE ACQUIRE, OWN, HOLD, IMPROVE, EMPLOY, USE OR
 OTHERWISE DEAL IN OR WITH, REAL OR PERSONAL PROPERTY WHETHER TANGIBLE OR
 INTANGIBLE, OR ANY INTEREST THEREIN, WITHIN THE STATE;
   (E) ACQUIRE REAL OR PERSONAL PROPERTY, WHETHER TANGIBLE OR INTANGIBLE,
 INCLUDING WITHOUT LIMITATION, PROPERTY RIGHTS,  INTERESTS  IN  PROPERTY,
 FRANCHISES,  OBLIGATIONS,  CONTRACTS, DEBT AND EQUITY SECURITIES, BY THE
 EXERCISE OF THE POWER OF EMINENT DOMAIN;
   (F) SELL, CONVEY, LEASE,  EXCHANGE,  TRANSFER,  ABANDON  OR  OTHERWISE
 DISPOSE OF, OR MORTGAGE, PLEDGE OR CREATE A SECURITY INTEREST IN, ALL OR
 ANY  OF  ITS  ASSETS, PROPERTIES OR ANY INTEREST THEREIN, WHEREVER SITU-
 ATED;
   (G) PURCHASE, TAKE, RECEIVE,  SUBSCRIBE  FOR,  OR  OTHERWISE  ACQUIRE,
 HOLD,  MAKE  A  TENDER  OFFER  FOR,  VOTE,  EMPLOY,  SELL,  LEND, LEASE,
 EXCHANGE, TRANSFER, OR OTHERWISE DISPOSE OF, MORTGAGE, PLEDGE OR GRANT A
 SECURITY INTEREST IN, USE OR OTHERWISE DEAL IN AND WITH, BONDS AND OTHER
 OBLIGATIONS, SHARES OR OTHER SECURITIES OR INTERESTS THEREIN, ISSUED  BY
 OTHERS, WHETHER ENGAGED IN A SIMILAR OR DIFFERENT BUSINESS OR ACTIVITY;
   (H) MAKE AND EXECUTE AGREEMENTS, CONTRACTS OR OTHER INSTRUMENTS NECES-
 SARY  OR  CONVENIENT  IN THE EXERCISE OF THE POWERS AND FUNCTIONS OF THE
 AUTHORITY UNDER THIS TITLE, INCLUDING CONTRACTS WITH ANY  PERSON,  FIRM,
 CORPORATION,  MUNICIPALITY,  STATE  AGENCY OR OTHER ENTITY IN ACCORDANCE
 WITH THE PROVISIONS OF SECTION ONE HUNDRED THREE OF THE GENERAL  MUNICI-
 PAL  LAW,  AND ALL STATE AGENCIES AND ALL MUNICIPALITIES SHALL HEREBY BE
 AUTHORIZED TO ENTER INTO AND DO ALL THINGS NECESSARY TO PERFORM ANY SUCH
 AGREEMENT, CONTRACT OR OTHER SUCH INSTRUMENT WITH THE AUTHORITY;
   (I) BORROW MONEY AT SUCH RATE OR RATES OF INTEREST  AS  THE  AUTHORITY
 MAY  DETERMINE,  ISSUE ITS NOTES, BONDS OR OTHER OBLIGATIONS TO EVIDENCE
 SUCH INDEBTEDNESS, AND SECURE ANY OF  ITS  OBLIGATIONS  BY  MORTGAGE  OR
 PLEDGE  OF  ALL OR ANY OF ITS PROPERTY OR ANY INTEREST THEREIN, WHEREVER
 SITUATED;
   (J) ARRANGE FOR GUARANTEES OF ITS BONDS, NOTES OR OTHER OBLIGATIONS BY
 THE FEDERAL GOVERNMENT OR BY ANY PRIVATE INSURER OR  OTHERWISE,  AND  TO
 PAY ANY PREMIUMS THEREFOR;
   (K)  ISSUE  SUCH  BONDS  OR  NOTES  OR OTHER OBLIGATIONS REGARDLESS OF
 WHETHER THE INCOME THEREFROM IS EXEMPT FROM FEDERAL INCOME TAXATION;
   (L) PURCHASE BONDS, NOTES OR OTHER OBLIGATIONS  OF  THE  AUTHORITY  AT
 SUCH PRICE OR PRICES AS THE AUTHORITY MAY DETERMINE;
   (M)  LEND MONEY, INVEST AND REINVEST ITS FUNDS, AND TAKE AND HOLD REAL
 AND PERSONAL PROPERTY AS SECURITY FOR THE PAYMENT OF FUNDS SO LOANED  OR
 INVESTED;
   (N)  PROCURE INSURANCE AGAINST ANY LOSS IN CONNECTION WITH ITS PROPER-
 TIES OR OPERATIONS IN SUCH AMOUNT OR AMOUNTS  AND  FROM  SUCH  INSURERS,

 S. 4264--A                         48
 
 INCLUDING THE FEDERAL GOVERNMENT, AS IT MAY DEEM NECESSARY OR DESIRABLE,
 AND TO PAY ANY PREMIUMS THEREFOR;
   (O) CREATE OR ACQUIRE ONE OR MORE WHOLLY OWNED SUBSIDIARIES IN ACCORD-
 ANCE WITH SECTION TWENTY-SEVEN HUNDRED NINETY-NINE-AAAAA OF THIS TITLE;
   (P)  NEGOTIATE  AND  ENTER  INTO AGREEMENTS WITH TRUSTEES OR RECEIVERS
 APPOINTED BY UNITED STATES BANKRUPTCY COURTS OR FEDERAL DISTRICT  COURTS
 OR  IN OTHER PROCEEDINGS INVOLVING ADJUSTMENT OF DEBTS, AND TO AUTHORIZE
 LEGAL COUNSEL FOR THE AUTHORITY TO APPEAR IN ANY SUCH PROCEEDINGS;
   (Q) FILE A PETITION UNDER CHAPTER NINE OF TITLE ELEVEN OF  THE  UNITED
 STATES  BANKRUPTCY CODE, OR TO TAKE OTHER SIMILAR ACTION FOR THE ADJUST-
 MENT OF ITS DEBTS;
   (R) ENTER INTO MANAGEMENT AGREEMENTS FOR THE OPERATION OF ALL  OR  ANY
 OF THE PROPERTY OR FACILITIES OWNED BY THE AUTHORITY;
   (S) MAINTAIN AN OFFICE OR OFFICES AT SUCH PLACE OR PLACES IN THE STATE
 AS IT MAY DETERMINE;
   (T) MAKE ANY INQUIRY, INVESTIGATION, SURVEY OR STUDY WHICH THE AUTHOR-
 ITY  MAY  DEEM  NECESSARY  TO  ENABLE IT TO EFFECTIVELY TO CARRY OUT THE
 PROVISIONS OF THIS TITLE, AND TO  REQUIRE  THE  PRODUCTION  OF  RECORDS,
 BOOKS,  PAPERS,  ACCOUNTS AND OTHER DOCUMENTS, INCLUDING PUBLIC RECORDS,
 AND TO MAKE COPIES THEREOF OR EXTRACTS THEREFROM;
   (U) ADOPT, REVISE, AMEND AND REPEAL RULES AND REGULATIONS WITH RESPECT
 TO ITS OPERATIONS, PROPERTIES AND FACILITIES, AND  PROJECTS  AS  MAY  BE
 NECESSARY OR CONVENIENT TO CARRY OUT THE PURPOSES OF THIS TITLE, SUBJECT
 TO THE PROVISIONS OF THE STATE ADMINISTRATIVE PROCEDURE ACT;
   (V)  FROM  TIME  TO TIME ENTER INTO AGREEMENTS WITH THE NEW YORK STATE
 ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, THE  DEPARTMENT  OF  ENVIRON-
 MENTAL  CONSERVATION,  THE  NEW  YORK POWER AUTHORITY, THE DEPARTMENT OF
 LABOR, THE DEPARTMENT OF STATE, THE METROPOLITAN TRANSIT  AUTHORITY,  OR
 ANY  OTHER  RELEVANT  ENTITY,  TO  FINANCE THE CAPITAL COSTS OF PROJECTS
 AUTHORIZED PURSUANT TO SECTION EIGHTY-EIGHT-B OF THE STATE FINANCE  LAW,
 AND TO ISSUE BONDS AND NOTES FOR CAPITAL PROJECTS APPROVED BY THE BOARD,
 PROVIDED  THAT  EACH PROVISION OF THIS TITLE RELATING TO BONDS AND NOTES
 WHICH ARE NOT INCONSISTENT WITH THE PROVISIONS  OF  THIS  SECTION  SHALL
 APPLY TO THE BONDS AND NOTES AUTHORIZED BY THIS SECTION;
   (W)  FIX  AND  COLLECT  SUCH  FEES, RENTALS AND CHARGES FOR USE OF THE
 AUTHORITY OR ANY PART THEREOF NECESSARY OR CONVENIENT TO PRODUCE  SUFFI-
 CIENT  REVENUE  TO MEET THE OBLIGATIONS OF THE AUTHORITY AS DESCRIBED IN
 SECTIONS TWENTY-SEVEN HUNDRED NINETY-NINE-SSSSS AND TWENTY-SEVEN HUNDRED
 NINETY-NINE-UUUU OF THIS TITLE;
   (X) REQUEST SUPPORT AND SERVICES TO THE OFFICE FROM  ANY  OTHER  STATE
 AGENCY OR AUTHORITY;
   (Y)  TRANSFER  EMPLOYEES OF ANY STATE AGENCY PURSUANT TO SECTION TWEN-
 TY-SEVEN HUNDRED NINETY-NINE-XXXX; AND
   (Z) LEVY FINES AND FEES.
   § 2799-ZZZZ. CONTRACTS NEGOTIATED BY THE AUTHORITY. CONTRACTS  NEGOTI-
 ATED  BY  THE AUTHORITY AS AUTHORIZED UNDER SECTION TWENTY-SEVEN HUNDRED
 NINETY-NINE-YYYY OF THIS TITLE SHALL BE ENTERED  INTO  AND  EXECUTED  AS
 FOLLOWS:
   1.  (A) THE AUTHORITY SHALL DEVELOP A PROCUREMENT POLICY TO ENSURE THE
 WISE AND PRUDENT USE OF PUBLIC MONEY IN THE BEST INTEREST  OF  NEW  YORK
 STATE  RESIDENTS;  GUARD  AGAINST FAVORITISM, FRAUD, AND CORRUPTION; AND
 ENSURE THAT CONTRACTS ARE AWARDED CONSISTENT WITH LAW AND ON  THE  BASIS
 OF  BEST  VALUE,  INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING CRITERIA:
 QUALITY, COST, EFFICIENCY, AND MAXIMIZATION OF PUBLIC BENEFITS INCLUDING
 ENVIRONMENTAL JUSTICE AND THE CREATION OF HIGH-QUALITY JOBS.

 S. 4264--A                         49
 
   (B) THE AUTHORITY SHALL ESTABLISH GUIDELINES GOVERNING THE  QUALIFICA-
 TIONS  OF  BIDDERS  ENTERING  INTO CONTRACTS RELATING TO ELECTRIC SCHOOL
 BUSES AND CHARGING INFRASTRUCTURE, ROLLING STOCK  AND  CHARGING  INFRAS-
 TRUCTURE FOR TRANSIT AUTHORITIES, AND LARGE SCALE RENEWABLE PROJECTS. IN
 DETERMINING  WHETHER  A  PROSPECTIVE BIDDER QUALIFIES FOR INCLUSION ON A
 LIST OF QUALIFIED BIDDERS FOR CONTRACTS RELATED TO ELECTRIC SCHOOL BUSES
 AND CHARGING INFRASTRUCTURE, TRANSIT AUTHORITY ROLLING STOCK AND  CHARG-
 ING  INFRASTRUCTURE,  AND  LARGE  SCALE RENEWABLE PROJECTS THE AUTHORITY
 SHALL CONSIDER PROSPECTIVE BIDDERS' EXPERIENCE, FINANCIAL CAPABILITY AND
 RESPONSIBILITY, AND PAST PERFORMANCE, INCLUDING PERFORMANCE  ON  MEETING
 U.S.  EMPLOYMENT  PLAN  AND  LOCAL  EMPLOYMENT  PLAN,  AS SUCH TERMS ARE
 DEFINED BY ARTICLE EIGHT-B OF THE LABOR LAW, COMMITMENTS  UNDER  SECTION
 TWENTY-SEVEN HUNDRED NINETY-NINE-WWWWW OF THIS TITLE.
   (C)  ALL  PURCHASE  CONTRACTS  FOR  SUPPLIES,  MATERIALS  OR EQUIPMENT
 INVOLVING AN ESTIMATED EXPENDITURE IN EXCESS OF ONE MILLION DOLLARS  FOR
 SCHOOL  BUSES  AND  CHARGING INFRASTRUCTURE, OR FIVE MILLION DOLLARS FOR
 ANY OTHER PROJECTS, SHALL BE AWARDED BY THE AUTHORITY TO A  BIDDER  THAT
 PROVIDES  THE  BEST  VALUE TO THE AUTHORITY AFTER OBTAINING PROPOSALS IN
 THE MANNER ESTABLISHED BY THE U.S. EMPLOYMENT PLAN AND LOCAL  EMPLOYMENT
 PLAN,  AS  SUCH  TERMS  ARE DEFINED BY ARTICLE EIGHT-B OF THE LABOR LAW,
 UNDER  THE  CLIMATE  MANUFACTURING  CAREERS  POLICY  UNDER  TWENTY-SEVEN
 HUNDRED  NINETY-NINE-WWWWW  OF  THIS  TITLE.    THE AUTHORITY SHALL ALSO
 UTILIZE  THE  CLIMATE  MANUFACTURING  CAREERS  POLICY  WHEN   EVALUATING
 PROCUREMENTS  MADE  DIRECTLY  BY THE AUTHORITY. ALL CONTRACTS FOR PUBLIC
 WORK INVOLVING AN  ESTIMATED  EXPENDITURE  IN  EXCESS  OF  FIVE  MILLION
 DOLLARS  SHALL  COMPLY WITH THE LABOR, PROJECT PERFORMANCE, U.S. EMPLOY-
 MENT PLAN AND LOCAL EMPLOYMENT PLAN REQUIREMENTS OF ARTICLE  EIGHT-B  OF
 THE LABOR LAW.
   2.  AFTER  AGREEMENT UPON THE TERMS OF ANY CONTRACT UNDER THIS SECTION
 SHALL HAVE BEEN REACHED BY THE AUTHORITY AND  A  THIRD  PARTY  OR  THIRD
 PARTIES,  THE  AUTHORITY SHALL PROMPTLY TRANSMIT A COPY OF SUCH PROPOSED
 CONTRACT TO THE GOVERNOR, THE SPEAKER  OF  THE  ASSEMBLY,  THE  MINORITY
 LEADER  OF  THE ASSEMBLY, THE CHAIRMAN OF THE ASSEMBLY COMMITTEE ON WAYS
 AND MEANS, THE TEMPORARY PRESIDENT OF THE SENATE AND THE MINORITY LEADER
 OF THE SENATE AND THE CHAIRMAN OF  THE  SENATE  FINANCE  COMMITTEE,  AND
 SHALL  HOLD A PUBLIC HEARING OR HEARINGS UPON THE TERMS THEREOF. NO LESS
 THAN THIRTY DAYS' NOTICE OF  SUCH  HEARING  SHALL  BE  PROVIDED  BY  THE
 AUTHORITY BY PUBLICATION ONCE PER WEEK DURING SUCH PERIOD IN SIX NEWSPA-
 PERS  WITHIN  THE  STATE TO BE SELECTED BY THE AUTHORITY. COPIES OF SUCH
 PROPOSED CONTRACT SHALL BE AVAILABLE FOR PUBLIC INSPECTION  DURING  SUCH
 PERIOD  OF  THIRTY DAYS AT THE OFFICE OR OFFICES OF THE AUTHORITY AND AT
 SUCH OTHER PLACES THROUGHOUT THE STATE AS THE AUTHORITY MAY DESIGNATE.
   3. FOLLOWING A PUBLIC HEARING UNDER SUBDIVISION TWO OF  THIS  SECTION,
 THE  AUTHORITY  SHALL  RECONSIDER  THE TERMS OF THE PROPOSED CONTRACT OR
 CONTRACTS AND SHALL NEGOTIATE SUCH CHANGES  AND  MODIFICATIONS  IN  SUCH
 CONTRACT OR CONTRACTS AS IT THEN DEEMS NECESSARY OR ADVISABLE.
   4.  WHEN A CONTRACT OR CONTRACTS ARE AGREED UPON IN TERMS SATISFACTORY
 TO THE AUTHORITY AND ALL OTHER PARTIES TO SUCH CONTRACT, AND  WHICH  THE
 AUTHORITY  BELIEVES  TO  BE  IN THE PUBLIC INTEREST, THE AUTHORITY SHALL
 THEREUPON REPORT SUCH PROPOSED CONTRACT OR CONTRACTS, TOGETHER WITH  THE
 AUTHORITIES RECOMMENDATIONS AND THE RECORD OF THE PUBLIC HEARINGS THERE-
 ON, TO THE SPEAKER OF THE ASSEMBLY, THE CHAIRMAN OF THE ASSEMBLY COMMIT-
 TEE ON WAYS AND MEANS, THE TEMPORARY PRESIDENT OF THE SENATE, THE CHAIR-
 MAN  OF  THE  SENATE  FINANCE  COMMITTEE, AND THE GOVERNOR. THE GOVERNOR
 SHALL, WITHIN SIXTY DAYS THEREAFTER, INDICATE HIS  OR  HER  APPROVAL  OR

 S. 4264--A                         50
 
 DISAPPROVAL  THEREOF  AND  GIVE  HIS OR HER REASONS FOR SUCH APPROVAL OR
 DISAPPROVAL.
   5.  IF THE GOVERNOR SHALL APPROVE A CONTRACT, THEN SUCH CONTRACT SHALL
 BE EXECUTED BY THE PRESIDENT AND THE CHAIR OF THE BOARD OF THE AUTHORITY
 AND SUCH CONTRACT SHALL THEREUPON COME INTO FULL FORCE AND EFFECT AND BE
 BINDING UPON THE AUTHORITY AND ALL OTHER PARTIES THERETO  IN  ACCORDANCE
 WITH SUCH CONTRACT'S TERMS.
   §  2799-AAAAA.  SUBSIDIARIES. 1. THE AUTHORITY SHALL HAVE THE RIGHT TO
 EXERCISE AND PERFORM ALL OR PART OF ITS POWERS AND FUNCTIONS THROUGH ONE
 OR MORE WHOLLY OWNED SUBSIDIARIES BY ACQUIRING THE VOTING SHARES  THERE-
 OF,  OR  BY RESOLUTION OF THE BOARD DIRECTING ANY OF ITS TRUSTEES, OFFI-
 CERS OR EMPLOYEES TO ORGANIZE A SUBSIDIARY CORPORATION PURSUANT  TO  THE
 BUSINESS  CORPORATION  LAW,  THE  NOT-FOR-PROFIT  CORPORATION LAW OR THE
 TRANSPORTATION CORPORATIONS LAW. SUCH  RESOLUTION  SHALL  PRESCRIBE  THE
 PURPOSE FOR WHICH SUCH SUBSIDIARY CORPORATION SHALL BE FORMED.
   2.  THE  AUTHORITY  MAY TRANSFER TO ANY OF ITS SUBSIDIARY CORPORATIONS
 ANY MONEYS, PROPERTY (REAL, PERSONAL OR MIXED), OR FACILITIES  IN  ORDER
 TO  CARRY  OUT  THE  PURPOSES OF THIS TITLE. EACH SUCH SUBSIDIARY CORPO-
 RATION SHALL HAVE ALL THE PRIVILEGES,  IMMUNITIES,  TAX  EXEMPTIONS  AND
 OTHER EXEMPTIONS OF THE AUTHORITY TO THE EXTENT SUCH PRIVILEGES, IMMUNI-
 TIES,  TAX EXEMPTIONS AND OTHER EXEMPTIONS ARE NOT INCONSISTENT WITH ANY
 LAWS UNDER WHICH SUCH SUBSIDIARY WAS INCORPORATED.
   § 2799-BBBBB. NOTES OF THE AUTHORITY. 1. THE AUTHORITY SHALL HAVE  THE
 POWER AND IS HEREBY AUTHORIZED FROM TIME TO TIME TO ISSUE ITS NEGOTIABLE
 NOTES IN CONFORMITY WITH APPLICABLE PROVISIONS OF THE UNIFORM COMMERCIAL
 CODE FOR ANY CORPORATE PURPOSE AND TO REFUND FROM TIME TO TIME ANY NOTES
 BY  THE  ISSUANCE OF NEW NOTES, WHETHER THE NOTES TO BE REFUNDED HAVE OR
 HAVE NOT MATURED. THE AUTHORITY MAY  ISSUE  NOTES  PARTIALLY  TO  REFUND
 NOTES  OR TO DISCHARGE OTHER OBLIGATIONS THEN OUTSTANDING, AND PARTIALLY
 FOR ANY OTHER CORPORATE PURPOSE OF THE  AUTHORITY.  SUCH  NOTES  MAY  BE
 AUTHORIZED,  SOLD,  EXECUTED  AND DELIVERED IN THE SAME MANNER AS BONDS.
 ANY RESOLUTION OR RESOLUTIONS AUTHORIZING NOTES OF THE AUTHORITY OR  ANY
 ISSUE  THEREOF MAY CONTAIN ANY PROVISIONS WHICH THE AUTHORITY IS AUTHOR-
 IZED TO INCLUDE IN ANY RESOLUTION OR RESOLUTIONS  AUTHORIZING  BONDS  OF
 THE AUTHORITY OR ANY ISSUE THEREOF, AND THE AUTHORITY MAY INCLUDE IN ANY
 NOTES  ANY  TERMS,  COVENANTS  OR  CONDITIONS  WHICH IT IS AUTHORIZED TO
 INCLUDE IN ANY BONDS.
   2. IN THE EVENT THE AUTHORITY PLEDGES ITS REVENUES UNDER A  RESOLUTION
 AUTHORIZED  BY  THIS  SECTION,  SUCH  RESOLUTION  SHALL NOT PROHIBIT THE
 AUTHORITY FROM FINANCING FOR ADDITIONAL CORPORATE  PURPOSES,  AUTHORIZED
 BY  LAW,  SECURED  BY  AN ADDITIONAL PLEDGE OF SUCH REVENUES. SUCH ADDI-
 TIONAL PLEDGE OF REVENUES MAY, IN THE DISCRETION OF  THE  AUTHORITY,  BE
 SUBORDINATE  TO  THE PLEDGE OF SUCH REVENUES SECURING OTHER BONDS, NOTES
 OR OTHER EVIDENCE OF INDEBTEDNESS OF THE AUTHORITY.  PROVIDED,  HOWEVER,
 THE  AUTHORITY SHALL NOT MAKE ANY SUCH ADDITIONAL PLEDGE IF THE SECURITY
 OF THE BONDS, NOTES OR OTHER EVIDENCES OF INDEBTEDNESS PREVIOUSLY ISSUED
 SHALL BE IMPAIRED AS A RESULT THEREOF.
   3. NEITHER THE MEMBERS OF THE BOARD NOR ANY PERSON EXECUTING THE NOTES
 OR BONDS SHALL BE LIABLE PERSONALLY ON THE NOTES OR BONDS, OR  SHALL  BE
 SUBJECT  TO  ANY  PERSONAL  LIABILITY OR ACCOUNTABILITY BY REASON OF THE
 ISSUANCE THEREOF.
   § 2799-CCCCC. BONDS OF THE AUTHORITY.  1.  THE  AUTHORITY  SHALL  HAVE
 POWER AND IS HEREBY AUTHORIZED FROM TIME TO TIME TO ISSUE ITS NEGOTIABLE
 BONDS IN CONFORMITY WITH APPLICABLE PROVISIONS OF THE UNIFORM COMMERCIAL
 CODE FOR ANY PURPOSE AUTHORIZED BY THIS TITLE, INCLUDING WITHOUT LIMITA-
 TION TO:

 S. 4264--A                         51
 
   (A)  ACQUIRE ANY REAL OR PERSONAL PROPERTY OR FACILITIES DEEMED NECES-
 SARY BY THE AUTHORITY;
   (B) PAY INTEREST ON BONDS OR NOTES OF THE AUTHORITY;
   (C) ESTABLISH RESERVES TO SECURE SUCH BONDS AND NOTES;
   (D)  ESTABLISH  OR  MAINTAIN  SUCH  OTHER  FUNDS  OR ACCOUNTS FOR SUCH
 PURPOSE OR PURPOSES AS THE AUTHORITY MAY DEEM  NECESSARY  OR  DESIRABLE;
 AND
   (E)  TO  PAY ALL OTHER EXPENSES OF THE AUTHORITY INCIDENT TO THE ISSU-
 ANCE OF SUCH BONDS OR NOTES.
   2. EXCEPT AS MAY BE OTHERWISE EXPRESSLY PROVIDED BY THE AUTHORITY, THE
 BONDS AND NOTES OF EVERY ISSUE  SHALL  BE  GENERAL  OBLIGATIONS  OF  THE
 AUTHORITY  PAYABLE  OUT  OF  ANY  MONEYS  OR  REVENUES OF THE AUTHORITY,
 SUBJECT ONLY TO ANY AGREEMENTS WITH THE HOLDERS OF PARTICULAR  BONDS  OR
 NOTES, OR ANY TRUSTEE THEREFOR, PLEDGING ANY PARTICULAR MONEYS OR REVEN-
 UES.
   3. THE AUTHORITY SHALL HAVE POWER FROM TIME TO TIME, WHENEVER IT DEEMS
 REFUNDING  EXPEDIENT,  TO REFUND ANY BONDS BY THE ISSUANCE OF NEW BONDS,
 WHETHER THE BONDS TO BE REFUNDED HAVE OR HAVE NOT MATURED, AND MAY ISSUE
 BONDS PARTLY TO REFUND BONDS THEN OUTSTANDING AND PARTLY FOR  ANY  OTHER
 CORPORATE PURPOSE OF THE AUTHORITY. REFUNDING BONDS MAY BE EXCHANGED FOR
 THE  BONDS  TO BE REFUNDED, WITH SUCH CASH ADJUSTMENTS AS MAY BE AGREED,
 OR MAY BE SOLD WITH THE PROCEEDS APPLIED TO  THE  PURCHASE,  PAYMENT  OR
 PROVISION FOR PAYMENT OF THE BONDS TO BE REFUNDED.
   4. BONDS MAY BE ISSUED, PAYABLE IN ANNUAL INSTALLMENTS, AS TERM BONDS,
 OR  BOTH.  BONDS  SHALL  BE AUTHORIZED BY RESOLUTION OF THE BOARD OF THE
 AUTHORITY AND SHALL BEAR SUCH DATE OR DATES,  MATURE  AT  SUCH  TIME  OR
 TIMES,  NOT  EXCEEDING  FIFTY  YEARS  FROM  THEIR RESPECTIVE DATES, BEAR
 INTEREST AT SUCH RATE OR RATES, BE IN SUCH  DENOMINATIONS,  BE  IN  SUCH
 FORM,  EITHER  COUPON OR REGISTERED, CARRY SUCH REGISTRATION PRIVILEGES,
 BE EXECUTED IN SUCH MANNER, BE PAYABLE IN LAWFUL  MONEY  OF  THE  UNITED
 STATES OF AMERICA OR BY CHECK AT SUCH PLACE OR PLACES, AND BE SUBJECT TO
 SUCH TERMS OF REDEMPTION, AS SUCH RESOLUTION OR RESOLUTIONS MAY PROVIDE.
 IN THE EVENT THAT TERM BONDS ARE ISSUED, THE RESOLUTION AUTHORIZING SUCH
 TERM  BONDS  MAY  MAKE SUCH PROVISIONS FOR THE ESTABLISHMENT AND MAINTE-
 NANCE OF SINKING FUNDS FOR THE PAYMENT THEREOF AS THE AUTHORITY MAY DEEM
 NECESSARY OR APPROPRIATE. BONDS OR  NOTES  MAY  BE  SOLD  AT  PUBLIC  OR
 PRIVATE  SALE  AT  SUCH PRICE OR PRICES AS THE AUTHORITY SHALL DETERMINE
 BUT SHALL NOT BE SOLD BY THE AUTHORITY AT PRIVATE SALE UNLESS SUCH  SALE
 AND  TERMS  THEREOF  HAVE  BEEN  APPROVED  IN WRITING BY THE STATE COMP-
 TROLLER. PENDING PREPARATION OF DEFINITIVE BONDS OR NOTES, THE AUTHORITY
 MAY ISSUE BONDS OR NOTES IN TEMPORARY FORM WHICH SHALL BE EXCHANGED  FOR
 BONDS OR NOTES IN DEFINITIVE FORM WHEN AVAILABLE.
   5. ANY RESOLUTION OR RESOLUTIONS AUTHORIZING ANY BONDS OR ANY ISSUE OF
 BONDS MAY:
   (A)  DELEGATE  TO AN OFFICER OR OFFICERS OF THE AUTHORITY THE POWER TO
 APPROVE THE ISSUANCE OF BONDS FROM TIME TO TIME AND TO FIX  THE  DETAILS
 OF  ANY  SUCH  BONDS OR ISSUES OF BONDS BY AN APPROPRIATE CERTIFICATE OF
 SUCH AUTHORIZED OFFICER OR OFFICERS; AND
   (B) CONTAIN PROVISIONS, WHICH SHALL BE A PART OF THE CONTRACT WITH THE
 HOLDERS OF THE BONDS TO BE AUTHORIZED AS TO:
   (I) PLEDGING OR CREATING A LIEN ON ALL OR  ANY  PART  OF  THE  MONEYS,
 REVENUES  OR  PROPERTIES  OF  THE AUTHORITY TO SECURE THE PAYMENT OF THE
 BONDS OR OF ANY PARTICULAR ISSUE OF BONDS OR ANY PORTION OF ANY ISSUE OF
 BONDS, SUBJECT TO SUCH AGREEMENTS WITH BONDHOLDERS AS MAY THEN EXIST;

 S. 4264--A                         52
 
   (II) THE RATES, FEES AND OTHER CHARGES TO BE CHARGED, AND THE  AMOUNTS
 TO  BE  RAISED  IN EACH YEAR THEREBY, AND THE USE AND DISPOSITION OF THE
 REVENUES;
   (III)  THE  SETTING  ASIDE OF RESERVES OR SINKING FUNDS, AND THE REGU-
 LATION AND DISPOSITION THEREOF;
   (IV) LIMITATIONS ON THE RIGHT OF THE AUTHORITY TO RESTRICT  AND  REGU-
 LATE THE USE OF ANY OF ITS PROPERTY;
   (V)  LIMITATIONS  ON  THE PURPOSE TO WHICH THE PROCEEDS OF SALE OF ANY
 ISSUE OF BONDS THEN OR THEREAFTER TO BE ISSUED MAY BE APPLIED;
   (VI) LIMITATIONS ON THE ISSUANCE OF ADDITIONAL BONDS, THE  TERMS  UPON
 WHICH  ADDITIONAL  BONDS MAY BE ISSUED AND SECURED, AND THE REFUNDING OF
 OUTSTANDING BONDS;
   (VII) THE PROCEDURE, IF ANY, BY WHICH THE TERMS OF ANY  CONTRACT  WITH
 BONDHOLDERS  MAY  BE  AMENDED,  THE  AMOUNT OR PERCENTAGE OF OUTSTANDING
 BONDS THE HOLDERS OF WHICH MUST CONSENT THERETO, AND THE MANNER IN WHICH
 SUCH CONSENT MAY BE GIVEN;
   (VIII) DEFINING THE ACTS OR OMISSIONS TO ACT WHICH SHALL CONSTITUTE  A
 DEFAULT  IN  THE  DUTIES OF THE AUTHORITY TO HOLDERS OF ITS OBLIGATIONS,
 AND PROVIDING THE RIGHTS AND REMEDIES OF SUCH HOLDERS OR  OF  A  TRUSTEE
 ACTING ON THEIR BEHALF IN THE EVENT OF A DEFAULT; AND
   (IX)  ANY  OTHER MATTERS, WHICH MAY AFFECT THE SECURITY AND PROTECTION
 OF THE BONDS AND THE RIGHTS OF THE HOLDERS THEREOF.
   6. IT IS THE INTENTION OF THE LEGISLATURE THAT ANY PLEDGE  OF  MONEYS,
 REVENUES  OR  PROPERTY  OR  OF A REVENUE PRODUCING CONTRACT OR CONTRACTS
 MADE BY THE AUTHORITY SHALL BE VALID AND BINDING FROM THE TIME WHEN  THE
 PLEDGE  IS  MADE;  THAT  THE MONEYS, REVENUES OR PROCEEDS SO PLEDGED AND
 THEREAFTER RECEIVED BY THE AUTHORITY SHALL IMMEDIATELY BE SUBJECT TO THE
 LIEN OF SUCH PLEDGE WITHOUT ANY PHYSICAL  DELIVERY  THEREOF  OR  FURTHER
 ACT;  AND THAT THE LIEN OF ANY SUCH PLEDGE SHALL BE VALID AND BINDING AS
 AGAINST ALL PARTIES HAVING CLAIMS OF  ANY  KIND  IN  TORT,  CONTRACT  OR
 OTHERWISE  AGAINST  THE  AUTHORITY  IRRESPECTIVE OF WHETHER SUCH PARTIES
 HAVE NOTICE THEREOF. NEITHER THE RESOLUTION NOR ANY OTHER INSTRUMENT  BY
 WHICH  A  PLEDGE  OR  LIEN IS CREATED PURSUANT TO THIS SUBDIVISION SHALL
 NEED TO BE RECORDED IN ORDER TO PERFECT SUCH PLEDGE OR LIEN.
   7. NEITHER THE TRUSTEES OF THE AUTHORITY NOR ANY PERSON EXECUTING  THE
 BONDS  OR  NOTES  SHALL BE LIABLE PERSONALLY ON THE BONDS OR NOTES OR BE
 SUBJECT TO ANY PERSONAL LIABILITY OR ACCOUNTABILITY  BY  REASON  OF  THE
 ISSUANCE THEREOF.
   8.  THE  AUTHORITY SHALL HAVE THE POWER TO, OUT OF ANY FUNDS AVAILABLE
 THEREFOR, PURCHASE BONDS OR NOTES AT SUCH PRICE OR PRICES  AS  IT  DEEMS
 ADVISABLE.  THE AUTHORITY MAY HOLD, PLEDGE, CANCEL OR RESELL SUCH BONDS,
 SUBJECT TO AGREEMENTS WITH BONDHOLDERS.
   9. ALL BONDS, NOTES AND OTHER  OBLIGATIONS  ISSUED  BY  THE  AUTHORITY
 UNDER  THE  PROVISIONS  OF  THIS  TITLE SHALL HAVE ALL THE QUALITIES AND
 INCIDENTS OF NEGOTIABLE INSTRUMENTS UNDER THE  APPLICABLE  LAWS  OF  THE
 STATE  AND  ALL MUNICIPALITIES AND MUNICIPAL SUBDIVISIONS. ALL INSURANCE
 COMPANIES AND ASSOCIATIONS AND OTHER PERSONS CARRYING  ON  AN  INSURANCE
 BUSINESS, ALL BANKS, BANKERS, TRUST COMPANIES, SAVINGS BANKS AND SAVINGS
 ASSOCIATIONS, INCLUDING SAVINGS AND LOAN ASSOCIATIONS, BUILDING AND LOAN
 ASSOCIATIONS, INVESTMENT COMPANIES AND OTHER PERSONS CARRYING ON A BANK-
 ING  BUSINESS,  AND  ALL OTHER PERSONS WHATSOEVER, EXCEPT AS HEREINAFTER
 PROVIDED, WHO ARE NOW OR MAY HEREAFTER BE AUTHORIZED TO INVEST IN  BONDS
 OR OTHER OBLIGATIONS OF THE STATE, MAY PROPERLY AND LEGALLY INVEST FUNDS
 INCLUDING  CAPITAL IN THEIR CONTROL OR BELONGING TO THEM; PROVIDED THAT,
 NOTWITHSTANDING THE PROVISIONS OF ANY OTHER GENERAL OR  SPECIAL  LAW  TO
 THE CONTRARY, SUCH BONDS AND NOTES SHALL NOT BE ELIGIBLE FOR THE INVEST-

 S. 4264--A                         53
 
 MENT  OF  FUNDS,  INCLUDING CAPITAL, OF TRUSTS, ESTATES OR GUARDIANSHIPS
 UNDER THE CONTROL OF INDIVIDUAL  ADMINISTRATORS,  GUARDIANS,  EXECUTORS,
 TRUSTEES OR OTHER INDIVIDUAL FIDUCIARIES EXCEPT WHEN ANY SUCH INDIVIDUAL
 FIDUCIARY  SHALL  BE  ACTING IN SUCH CAPACITY WITH ONE OR MORE CORPORATE
 CO-FIDUCIARIES. THE BONDS AND NOTES SHALL BE  SECURITIES  WHICH  MAY  BE
 DEPOSITED  WITH  AND SHALL BE RECEIVED BY ALL PUBLIC OFFICERS AND BODIES
 OF THIS STATE AND ALL MUNICIPALITIES AND MUNICIPAL SUBDIVISIONS FOR  ANY
 PURPOSE  FOR  WHICH  THE  DEPOSIT  OF BONDS OR OTHER OBLIGATIONS OF THIS
 STATE IS NOW OR MAY HEREAFTER BE AUTHORIZED.
   § 2799-DDDDD. GUARANTY BY THE STATE. 1. TO THE  EXTENT  AUTHORIZED  BY
 THE  STATE  CONSTITUTION  AT THE TIME OF THE ISSUANCE OF NOTES OR BONDS,
 THE PUNCTUAL PAYMENT OF THE NOTES AND BONDS SHALL BE, FULLY AND UNCONDI-
 TIONALLY GUARANTEED BY THE STATE, BOTH AS  TO  PRINCIPAL  AND  INTEREST,
 ACCORDING  TO THEIR TERMS; AND SUCH GUARANTY SHALL BE EXPRESSED UPON THE
 FACE THEREOF BY THE SIGNATURE OR FACSIMILE SIGNATURE OF THE  COMPTROLLER
 OR  A  DEPUTY COMPTROLLER. IN THE EVENT THAT THE AUTHORITY SHALL FAIL TO
 PAY WHEN DUE, THE PRINCIPAL OF, OR INTEREST ON, THE NOTES OR BONDS,  THE
 COMPTROLLER  SHALL PAY THE HOLDER THEREOF, AND THEREUPON THE STATE SHALL
 BE SUBROGATED TO THE RIGHTS OF THE NOTEHOLDERS OR BONDHOLDERS SO PAID.
   2. THE AUTHORITY SHALL HAVE POWER TO ISSUE NOTES AND BONDS WITHOUT THE
 GUARANTY OF THE STATE AND MAY ISSUE SUCH NOTES OR BONDS BEFORE AND AFTER
 THE ISSUANCE OF NOTES OR BONDS GUARANTEED.
   3. WHEN GUARANTEED NOTES OR GUARANTEED BONDS ARE OUTSTANDING, NOTES OR
 BONDS SECURED BY A PLEDGE OF RECEIPTS OR REVENUES HAVING  PRIORITY  OVER
 SUCH  OUTSTANDING  GUARANTEED  NOTES  OR  GUARANTEED  BONDS SHALL NOT BE
 ISSUED, EXCEPT WITH THE CONSENT  OF  THE  COMPTROLLER,  AND  UNLESS  THE
 AUTHORITY  SHALL  BY  RESOLUTION FIRST FIND AND DETERMINE THAT, NOTWITH-
 STANDING SUCH PLEDGE, THE AUTHORITY SHALL HAVE ADEQUATE  MEANS  TO  MEET
 ITS  OBLIGATIONS  TO THE HOLDERS OF SUCH OUTSTANDING GUARANTEED NOTES OR
 BONDS.
   4. WHEN NOTES OR BONDS ARE OUTSTANDING SECURED BY A PLEDGE OF RECEIPTS
 OR REVENUES, GUARANTEED NOTES OR BONDS EITHER UNSECURED, OR SECURED BY A
 PLEDGE OF RECEIPTS OR REVENUES SUBORDINATE TO THE PLEDGE  SECURING  SUCH
 OUTSTANDING  NOTES  OR  BONDS,  SHALL NOT BE ISSUED UNLESS THE AUTHORITY
 SHALL FIRST FIND AND DETERMINE BY RESOLUTION  THAT  NOTWITHSTANDING  THE
 PLEDGE SECURING SUCH OUTSTANDING NOTES OR BONDS, THE AUTHORITY WILL HAVE
 ADEQUATE  MEANS TO MEET ITS OBLIGATIONS ON THE GUARANTEED NOTES OR BONDS
 ABOUT TO BE ISSUED.
   § 2799-EEEEE. STATE AND MUNICIPALITIES NOT  LIABLE  ON  THE  BONDS  OR
 NOTES.  NOTES AND OTHER OBLIGATIONS OF THE AUTHORITY SHALL NOT BE A DEBT
 OF THE STATE OR OF ANY MUNICIPALITY, AND NEITHER THE STATE NOR ANY MUNI-
 CIPALITY SHALL BE LIABLE THEREON. THE AUTHORITY SHALL NOT HAVE THE POWER
 TO  PLEDGE  THE CREDIT, THE REVENUES OR THE TAXING POWER OF THE STATE OR
 OF ANY MUNICIPALITY, AND NEITHER THE CREDIT, THE REVENUES NOR THE TAXING
 POWER OF THE STATE OR OF ANY MUNICIPALITY SHALL BE, OR SHALL  BE  DEEMED
 TO  BE,  PLEDGED TO THE PAYMENT OF ANY BONDS, NOTES OR OTHER OBLIGATIONS
 OF THE AUTHORITY.  EACH  EVIDENCE  OF  INDEBTEDNESS  OF  THE  AUTHORITY,
 INCLUDING  THE  BONDS  AND NOTES OF THE AUTHORITY, SHALL CONTAIN A CLEAR
 AND EXPLICIT STATEMENT OF THE PROVISIONS OF THIS SECTION.
   § 2799-FFFFF. LEGAL INVESTMENTS. ANY BONDS  OR  NOTES  ISSUED  BY  THE
 AUTHORITY  ARE  HEREBY  MADE SECURITIES IN WHICH ALL PUBLIC OFFICERS AND
 BODIES OF THIS STATE AND ALL MUNICIPALITIES, ALL INSURANCE COMPANIES AND
 ASSOCIATIONS AND OTHER PERSONS CARRYING ON AN  INSURANCE  BUSINESS,  ALL
 BANKS, BANKERS, TRUST COMPANIES, SAVINGS BANKS AND SAVINGS ASSOCIATIONS,
 INCLUDING SAVINGS AND LOAN ASSOCIATIONS, BUILDING AND LOAN ASSOCIATIONS,
 INVESTMENT  COMPANIES  AND OTHER PERSONS CARRYING ON A BANKING BUSINESS,

 S. 4264--A                         54
 
 ALL TRUSTS, ESTATES AND GUARDIANSHIPS AND ALL OTHER PERSONS  WHATSOEVER,
 WHO  ARE  NOW OR MAY HEREAFTER BE AUTHORIZED TO INVEST IN BONDS OR OTHER
 OBLIGATIONS OF THE STATE, MAY PROPERLY AND LEGALLY INVEST FUNDS, INCLUD-
 ING  CAPITAL  IN THEIR CONTROL OR BELONGING TO THEM. THE BONDS AND NOTES
 SHALL ALSO BE SECURITIES WHICH  MAY  BE  DEPOSITED  WITH  AND  SHALL  BE
 RECEIVED  BY ALL PUBLIC OFFICERS AND BODIES OF THE STATE AND ALL MUNICI-
 PALITIES FOR ANY PURPOSE FOR WHICH THE DEPOSIT OF BONDS OR  OTHER  OBLI-
 GATIONS OF THE STATE IS NOW OR MAY HEREAFTER BE AUTHORIZED.
   §  2799-GGGGG.  DEPOSIT  AND INVESTMENT OF MONIES OF THE AUTHORITY. 1.
 ALL MONEYS OF THE AUTHORITY FROM WHATEVER SOURCE DERIVED SHALL  BE  PAID
 TO  THE  COMPTROLLER  AS AGENT OF THE AUTHORITY, WHO SHALL NOT COMMINGLE
 SUCH MONEYS WITH ANY OTHER MONEYS. SUCH MONEYS SHALL BE DEPOSITED  IN  A
 SEPARATE  BANK ACCOUNT OR ACCOUNTS. THE MONEYS IN SUCH ACCOUNTS SHALL BE
 PAID OUT ON CHECK OF THE COMPTROLLER ON REQUISITION OF  THE  CHAIRPERSON
 OF  THE AUTHORITY OR OF SUCH OTHER PERSON AS THE AUTHORITY MAY AUTHORIZE
 TO MAKE SUCH REQUISITION. ALL DEPOSITS OF SUCH MONEYS SHALL, IF REQUIRED
 BY THE COMPTROLLER OR THE AUTHORITY, BE SECURED BY  OBLIGATIONS  OF  THE
 UNITED STATES OR OF THE STATE OF NEW YORK OF A MARKET VALUE EQUAL AT ALL
 TIMES TO THE AMOUNT OF THE DEPOSIT AND ALL BANKS AND TRUST COMPANIES ARE
 AUTHORIZED  TO GIVE SUCH SECURITY FOR SUCH DEPOSITS. THE COMPTROLLER AND
 HIS OR HER LEGALLY AUTHORIZED REPRESENTATIVES SHALL  BE  AUTHORIZED  AND
 EMPOWERED  FROM  TIME  TO  TIME TO EXAMINE THE ACCOUNTS AND BOOKS OF THE
 AUTHORITY, INCLUDING ITS  RECEIPTS,  DISBURSEMENTS,  CONTRACTS,  LEASES,
 SINKING  FUNDS, INVESTMENTS AND ANY OTHER MATTERS RELATING TO ITS FINAN-
 CIAL STANDING.
   2. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, THE AUTHORITY SHALL
 HAVE POWER, SUBJECT TO THE APPROVAL OF THE COMPTROLLER, TO CONTRACT WITH
 THE HOLDERS OF ANY OF ITS NOTES OR BONDS AS TO THE CUSTODY,  COLLECTION,
 SECURING,  INVESTMENT AND PAYMENT OF ANY MONEYS OF THE AUTHORITY, OR ANY
 MONEYS HELD IN TRUST OR OTHERWISE FOR THE PAYMENT OF NOTES OR  BONDS  OR
 IN ANY WAY TO SECURE NOTES OR BONDS, AND TO CARRY OUT ANY SUCH CONTRACT.
 MONEYS  HELD  IN TRUST OR OTHERWISE FOR THE PAYMENT OF NOTES OR BONDS OR
 IN ANY WAY TO SECURE NOTES OR BONDS AND DEPOSITS OF SUCH MONEYS  MAY  BE
 SECURED IN THE SAME MANNER AS MONEYS OF THE AUTHORITY, AND ALL BANKS AND
 TRUST  COMPANIES  SHALL  BE  AUTHORIZED  TO  GIVE SUCH SECURITY FOR SUCH
 DEPOSITS. MONEYS OF THE AUTHORITY NOT REQUIRED FOR IMMEDIATE USE MAY, IN
 THE DISCRETION OF THE AUTHORITY, BE INVESTED BY THE COMPTROLLER IN OBLI-
 GATIONS IN WHICH THE COMPTROLLER MAY INVEST PURSUANT TO SECTION  NINETY-
 EIGHT-A OF THE STATE FINANCE LAW. SUBJECT TO AGREEMENTS WITH NOTEHOLDERS
 AND BONDHOLDERS AND THE APPROVAL OF THE COMPTROLLER, THE AUTHORITY SHALL
 PRESCRIBE A SYSTEM OF ACCOUNTS.
   §  2799-HHHHH. AGREEMENT OF THE STATE. 1. THE STATE SHALL NOT LIMIT OR
 ALTER THE RIGHTS HEREBY VESTED IN THE AUTHORITY TO ESTABLISH AND COLLECT
 SUCH FEES, RENTALS AND CHARGES AS MAY  BE  CONVENIENT  OR  NECESSARY  TO
 PRODUCE SUFFICIENT REVENUE TO MEET THE EXPENSE OF MAINTENANCE AND OPERA-
 TION AND TO FULFILL THE TERMS OF ANY AGREEMENTS MADE WITH THE HOLDERS OF
 NOTES,  BONDS,  OR  OTHER OBLIGATIONS OF THE AUTHORITY NOT GUARANTEED BY
 THE STATE, OR IN ANY WAY IMPAIR THE RIGHTS AND REMEDIES OF SUCH  HOLDERS
 UNTIL SUCH NOTES, BONDS, AND OTHER OBLIGATIONS, TOGETHER WITH THE INTER-
 EST  THEREON,  WITH INTEREST ON ANY UNPAID INSTALLMENTS OF INTEREST, AND
 ALL COSTS AND EXPENSES IN CONNECTION WITH ANY ACTION OR  PROCEEDINGS  BY
 OR ON BEHALF OF SUCH HOLDERS, ARE FULLY MET AND DISCHARGED.
   2.  THE  STATE SHALL PLEDGE TO AND AGREE WITH THE HOLDERS OF ANY NOTES
 OR BONDS OF THE AUTHORITY, NOT GUARANTEED BY THE  STATE,  SECURED  BY  A
 PLEDGE  OF THE FEES OR OTHER REVENUES OR ANY PART THEREOF SO LONG AS THE

 S. 4264--A                         55
 
 OBLIGATIONS OF SUCH BONDS FOR PRINCIPAL AND INTEREST SHALL NOT HAVE BEEN
 PAID OR OTHERWISE DISCHARGED;
   3.  NOTHING IN THIS TITLE SHALL BE CONSTRUED AS DIMINISHING OR ENLARG-
 ING ANY VALID EXISTING RIGHTS UNDER ANY LICENSE HERETOFORE ISSUED PURSU-
 ANT TO THE PROVISIONS OF THE FEDERAL POWER ACT.
   § 2799-IIIII. EXEMPTION FROM TAXATION. 1. THE OPERATION OF THE AUTHOR-
 ITY SHALL BE PRIMARILY FOR THE BENEFIT OF THE PEOPLE OF THE STATE OF NEW
 YORK, FOR THE IMPROVEMENT OF THEIR HEALTH, WELFARE AND  PROSPERITY,  AND
 IS  A  PUBLIC PURPOSE, AND THE AUTHORITY SHALL BE REGARDED AS PERFORMING
 AN ESSENTIAL GOVERNMENTAL FUNCTION IN CARRYING  OUT  THE  PROVISIONS  OF
 THIS TITLE.
   2.  THE  PROPERTY OF THE AUTHORITY AND ITS INCOME AND OPERATIONS SHALL
 BE EXEMPT FROM TAXATION.
   § 2799-JJJJJ. TAX COVENANT. THE TAX COVENANTS WITH THE PURCHASERS  AND
 WITH ALL SUBSEQUENT HOLDERS AND TRANSFEREES OF NOTES AND BONDS ISSUED BY
 THE AUTHORITY, IN CONSIDERATION OF THE ACCEPTANCE OF AND PAYMENT FOR THE
 NOTES AND BONDS, THAT THE NOTES AND BONDS OF THE AUTHORITY ISSUED PURSU-
 ANT  TO  THIS  TITLE AND THE INCOME THEREFROM AND ALL ITS FEES, CHARGES,
 RENTS, GIFTS, GRANTS, REVENUES, RECEIPTS AND OTHER MONEYS RECEIVED OR TO
 BE RECEIVED, PLEDGED TO PAY OR SECURE THE PAYMENT OF SUCH NOTES OR BONDS
 SHALL AT ALL TIMES BE FREE FROM TAXATION EXCEPT FOR ESTATE OR GIFT TAXES
 AND TAXES ON TRANSFERS.
   § 2799-KKKKK. REPAYMENT OF STATE  APPROPRIATIONS.  ALL  APPROPRIATIONS
 MADE  BY  THE STATE TO THE AUTHORITY SHALL BE TREATED AS ADVANCES BY THE
 STATE TO THE AUTHORITY, AND SHALL  BE  REPAID  TO  IT  WITHOUT  INTEREST
 EITHER  OUT OF THE PROCEEDS OF BONDS ISSUED BY THE AUTHORITY PURSUANT TO
 THE PROVISIONS OF THIS TITLE, OR BY THE DELIVERY OF NON-INTEREST BEARING
 BONDS OF THE AUTHORITY TO  THE  STATE  FOR  ALL  OR  ANY  PART  OF  SUCH
 ADVANCES,  OR OUT OF EXCESS REVENUES OF THE AUTHORITY, AT SUCH TIMES AND
 ON SUCH CONDITIONS AS THE STATE AND THE  AUTHORITY  MAY  MUTUALLY  AGREE
 UPON.
   §  2799-LLLLL.  EQUAL  EMPLOYMENT  OPPORTUNITY AND MINORITY AND WOMEN-
 OWNED BUSINESS ENTERPRISE PROGRAMS.  1. ALL CONTRACTS  ENTERED  INTO  BY
 THE  AUTHORITY  PURSUANT  TO THIS TITLE OF WHATEVER NATURE AND ALL DOCU-
 MENTS SOLICITING BIDS OR PROPOSALS THEREFOR SHALL CONTAIN OR MAKE REFER-
 ENCE TO THE FOLLOWING PROVISIONS:
   (A) THE CONTRACTOR SHALL NOT DISCRIMINATE AGAINST EMPLOYEES OR  APPLI-
 CANTS  FOR  EMPLOYMENT  BECAUSE  OF RACE, CREED, COLOR, NATIONAL ORIGIN,
 SEX, AGE, DISABILITY, MARITAL STATUS, SEXUAL ORIENTATION, GENDER IDENTI-
 TY OR EXPRESSION, FAMILIAL STATUS, PREDISPOSING GENETIC CHARACTERISTICS,
 MILITARY STATUS, OR STATUS AS A VICTIM OF DOMESTIC  VIOLENCE  AND  SHALL
 UNDERTAKE  OR CONTINUE EXISTING PROGRAMS OF AFFIRMATIVE ACTION TO ENSURE
 THAT MINORITY GROUP PERSONS AND WOMEN  ARE  AFFORDED  EQUAL  OPPORTUNITY
 WITHOUT  DISCRIMINATION. SUCH PROGRAMS SHALL INCLUDE, BUT NOT BE LIMITED
 TO,  RECRUITMENT,  EMPLOYMENT,  JOB  ASSIGNMENT,  PROMOTION,  UPGRADING,
 DEMOTION,  TRANSFER, LAYOFF, TERMINATION, RATES OF PAY OR OTHER FORMS OF
 COMPENSATION, AND  SELECTION  FOR  TRAINING  AND  RETRAINING,  INCLUDING
 APPRENTICESHIP AND ON-THE-JOB TRAINING;
   (B) AT THE REQUEST OF THE AUTHORITY, THE CONTRACTOR SHALL REQUEST EACH
 EMPLOYMENT  AGENCY, LABOR UNION, OR AUTHORIZED REPRESENTATIVE OF WORKERS
 WITH WHICH IT HAS A COLLECTIVE BARGAINING OR OTHER AGREEMENT  OR  UNDER-
 STANDING  AND  WHICH IS INVOLVED IN THE PERFORMANCE OF THE CONTRACT WITH
 THE AUTHORITY TO FURNISH A WRITTEN STATEMENT THAT SUCH EMPLOYMENT  AGEN-
 CY,  LABOR  UNION  OR  REPRESENTATIVE  SHALL NOT DISCRIMINATE BECAUSE OF
 RACE, CREED, COLOR,  NATIONAL  ORIGIN,  SEX,  AGE,  DISABILITY,  MARITAL
 STATUS,  SEXUAL  ORIENTATION,  GENDER  IDENTITY  OR EXPRESSION, FAMILIAL

 S. 4264--A                         56
 
 STATUS, PREDISPOSING GENETIC CHARACTERISTICS, MILITARY STATUS, OR STATUS
 AS A VICTIM OF DOMESTIC VIOLENCE AND THAT SUCH UNION  OR  REPRESENTATIVE
 SHALL  COOPERATE  IN  THE IMPLEMENTATION OF THE CONTRACTOR'S OBLIGATIONS
 UNDER THIS PARAGRAPH;
   (C) THE CONTRACTOR SHALL STATE, IN ALL SOLICITATIONS OR ADVERTISEMENTS
 FOR  EMPLOYEES  PLACED BY OR ON BEHALF OF THE CONTRACTOR IN THE PERFORM-
 ANCE OF THE CONTRACT WITH THE AUTHORITY THAT  ALL  QUALIFIED  APPLICANTS
 SHALL  BE  AFFORDED  EQUAL EMPLOYMENT OPPORTUNITY WITHOUT DISCRIMINATION
 BECAUSE OF RACE, CREED, COLOR, NATIONAL ORIGIN, SEX, AGE, DISABILITY  OR
 MARITAL STATUS; AND
   (D)  THE  CONTRACTOR  SHALL  INCLUDE  THE PROVISIONS OF PARAGRAPHS (A)
 THROUGH (C) OF THIS SUBDIVISION IN EVERY SUBCONTRACT OR  PURCHASE  ORDER
 IN  SUCH  A  MANNER THAT SUCH PROVISIONS SHALL BE BINDING UPON EACH SUCH
 SUBCONTRACTOR.
   2. THE AUTHORITY SHALL ESTABLISH MEASURES, PROCEDURES  AND  GUIDELINES
 TO  ENSURE  THAT  CONTRACTORS  AND  SUBCONTRACTORS  UNDERTAKE MEANINGFUL
 PROGRAMS TO EMPLOY AND PROMOTE  QUALIFIED  MINORITY  GROUP  MEMBERS  AND
 WOMEN.  SUCH  PROCEDURES MAY REQUIRE AFTER NOTICE IN A BID SOLICITATION,
 THE SUBMISSION OF A MINORITY AND  WOMEN  WORKFORCE  UTILIZATION  PROGRAM
 PRIOR  TO  THE AWARD OF ANY CONTRACT, OR AT ANY TIME THEREAFTER, AND MAY
 REQUIRE THE SUBMISSION OF COMPLIANCE REPORTS RELATING TO  THE  OPERATION
 AND  IMPLEMENTATION  OF  ANY WORKFORCE UTILIZATION PROGRAM ADOPTED HERE-
 UNDER.  THE AUTHORITY MAY TAKE APPROPRIATE ACTION, INCLUDING THE IMPOSI-
 TIONS OF SANCTIONS FOR NON-COMPLIANCE TO EFFECTUATE  THE  PROVISIONS  OF
 THIS  SECTION  AND  SHALL  BE RESPONSIBLE FOR MONITORING COMPLIANCE WITH
 THIS TITLE.
   3. IN THE PERFORMANCE OF PROJECTS PURSUANT TO THIS TITLE, MINORITY AND
 WOMEN-OWNED BUSINESS ENTERPRISES SHALL  BE  GIVEN  THE  OPPORTUNITY  FOR
 MEANINGFUL  PARTICIPATION.  THE  AUTHORITY  SHALL ESTABLISH QUANTIFIABLE
 STANDARDS AND MEASURES AND PROCEDURES TO SECURE MEANINGFUL PARTICIPATION
 AND IDENTIFY THOSE CONTRACTS AND ITEMS OF WORK FOR  WHICH  MINORITY  AND
 WOMEN-OWNED  BUSINESS  ENTERPRISES MAY BEST BID TO ACTIVELY AND AFFIRMA-
 TIVELY PROMOTE AND ASSIST THEIR PARTICIPATION  IN  PROJECTS,  SO  AS  TO
 FACILITATE  THE  AWARD OF A FAIR SHARE OF CONTRACTS TO SUCH ENTERPRISES;
 PROVIDED, HOWEVER, THAT NOTHING IN THIS  TITLE  SHALL  BE  CONSTRUED  TO
 LIMIT THE ABILITY OF THE AUTHORITY TO ASSURE THAT QUALIFIED MINORITY AND
 WOMEN-OWNED BUSINESS ENTERPRISES MAY PARTICIPATE IN THE PROGRAM. FOR THE
 PURPOSES  OF THIS SECTION, "MINORITY BUSINESS ENTERPRISE" SHALL MEAN ANY
 BUSINESS ENTERPRISE WHICH IS AT LEAST FIFTY-ONE PER CENTUM OWNED BY,  OR
 IN  THE CASE OF A PUBLICLY OWNED BUSINESS, AT LEAST FIFTY-ONE PER CENTUM
 OF THE STOCK OR OTHER VOTING INTEREST IS OWNED BY CITIZENS OR  PERMANENT
 RESIDENT ALIENS WHO ARE BLACK, HISPANIC, ASIAN, AMERICAN INDIAN, PACIFIC
 ISLANDER,  OR  ALASKAN  NATIVE,  AND  SUCH  OWNERSHIP  INTEREST IS REAL,
 SUBSTANTIAL AND  CONTINUING  AND  HAS  THE  AUTHORITY  TO  INDEPENDENTLY
 CONTROL THE DAY TO DAY BUSINESS DECISIONS OF THE ENTITY FOR AT LEAST ONE
 YEAR;  AND  "WOMEN-OWNED  BUSINESS  ENTERPRISE"  SHALL MEAN ANY BUSINESS
 ENTERPRISE WHICH IS AT LEAST FIFTY-ONE PER CENTUM OWNED BY,  OR  IN  THE
 CASE  OF A PUBLICLY OWNED BUSINESS, AT LEAST FIFTY-ONE PER CENTUM OF THE
 STOCK TO OTHER VOTING INTERESTS OF WHICH IS OWNED BY CITIZENS OR  PERMA-
 NENT RESIDENT ALIENS WHO ARE WOMEN, AND SUCH OWNERSHIP INTEREST IS REAL,
 SUBSTANTIAL  AND  CONTINUING  AND  HAS  THE  AUTHORITY  TO INDEPENDENTLY
 CONTROL THE DAY TO DAY BUSINESS DECISIONS OF THE ENTITY FOR AT LEAST ONE
 YEAR.  THE PROVISIONS OF THIS SUBDIVISION  SHALL  NOT  BE  CONSTRUED  TO
 LIMIT  THE  ABILITY  OF  ANY  MINORITY BUSINESS ENTERPRISE TO BID ON ANY
 CONTRACT.

 S. 4264--A                         57
 
   4. IN ORDER TO IMPLEMENT  THE  REQUIREMENTS  AND  OBJECTIVES  OF  THIS
 SECTION,  THE  AUTHORITY  SHALL ESTABLISH PROCEDURES TO MONITOR CONTRAC-
 TORS' COMPLIANCE WITH PROVISIONS OF THIS SECTION, PROVIDE ASSISTANCE  IN
 OBTAINING  COMPETING  QUALIFIED MINORITY AND WOMEN-OWNED BUSINESS ENTER-
 PRISES  TO  PERFORM CONTRACTS PROPOSED TO BE AWARDED, IMPOSE CONTRACTUAL
 SANCTIONS FOR NON-COMPLIANCE, AND TAKE  OTHER  APPROPRIATE  MEASURES  TO
 IMPROVE THE ACCESS OF CONTRACTS FOR MINORITY AND WOMEN-OWNED BUSINESSES.
   §  2799-MMMMM. PREVAILING WAGE. WHENEVER THE AUTHORITY ENTERS INTO ANY
 CONTRACT, SUBCONTRACT, LEASE, GRANT, BOND, COVENANT OR  OTHER  AGREEMENT
 FOR  OR IN CONNECTION WITH ANY CONSTRUCTION, DEMOLITION, RECONSTRUCTION,
 EXCAVATION, REHABILITATION, REPAIR, RENOVATION, ALTERATION, OR  IMPROVE-
 MENT  PROJECT, SUCH PROJECT SHALL BE DEEMED TO BE A PUBLIC WORKS PROJECT
 FOR THE PURPOSES OF ARTICLE EIGHT OF THE  LABOR  LAW,  AND  ALL  OF  THE
 PROVISIONS  OF ARTICLE EIGHT OF THE LABOR LAW SHALL BE APPLICABLE TO ALL
 THE WORK INVOLVED IN THE CONSTRUCTION, DEMOLITION, RECONSTRUCTION, EXCA-
 VATION, REHABILITATION, REPAIR, RENOVATION, ALTERATION OR IMPROVEMENT OF
 SUCH  PROJECT.  FUNDS,  FINANCIAL  ASSISTANCE,  OR  ANY  OTHER  BENEFITS
 PROVIDED  PURSUANT  TO  THIS  ARTICLE  SHALL  NOT  BE UTILIZED FOR OR IN
 CONNECTION WITH  THE  CONSTRUCTION,  DEMOLITION,  RECONSTRUCTION,  EXCA-
 VATION,  REHABILITATION,  REPAIR, RENOVATION, ALTERATION, OR IMPROVEMENT
 OF ANY PROJECT TO WHICH THE PROVISIONS OF ARTICLE EIGHT OF THE LABOR LAW
 ARE NOT APPLICABLE.
   § 2799-NNNNN. AUDITS AND  ANNUAL  REPORTS.  1.  THE  ACCOUNTS  OF  THE
 AUTHORITY  SHALL  BE SUBJECT TO THE SUPERVISION OF THE STATE COMPTROLLER
 AND AN ANNUAL AUDIT SHALL  BE  PERFORMED  BY  AN  INDEPENDENT  CERTIFIED
 ACCOUNTANT SELECTED BY THE AUTHORITY, UPON RECOMMENDATION OF ITS FINANCE
 COMMITTEE,  AUDIT  COMMITTEE AND THE ADVISORY BOARD. THE AUTHORITY SHALL
 SUBMIT A REPORT OF SUCH AUDIT ANNUALLY TO THE GOVERNOR, THE STATE  COMP-
 TROLLER,  THE  TEMPORARY  PRESIDENT  OF  THE  SENATE, THE SPEAKER OF THE
 ASSEMBLY. A DETAILED REPORT PURSUANT TO THE PROVISIONS OF SECTION  TWEN-
 TY-EIGHT  HUNDRED  OF  THIS CHAPTER SHALL BE VERIFIED BY THE CHAIRMAN OF
 THE AUTHORITY.  THE  AUTHORITY  SHALL  COMPLY  WITH  THE  PROVISIONS  OF
 SECTIONS  TWENTY-EIGHT  HUNDRED  ONE,  TWENTY-EIGHT HUNDRED TWO, TWENTY-
 EIGHT HUNDRED THREE, AND TWENTY-EIGHT HUNDRED FOUR OF THIS CHAPTER.
   2. THE AUTHORITY SHALL APPOINT AN INDEPENDENT OMBUDSMAN,  UPON  RECOM-
 MENDATION  OF ITS FINANCE COMMITTEE, AUDIT COMMITTEE AND ADVISORY BOARD,
 TO EACH OFFICE OF THE AUTHORITY FOR THE PURPOSES OF OVERSIGHT.
   § 2799-OOOOO. TRANSPARENCY. 1. THE AUTHORITY AND ALL  SUBSIDIARIES  OF
 THE AUTHORITY SHALL BE SUBJECT TO THE PROVISIONS OF ARTICLE SEVEN OF THE
 PUBLIC OFFICERS LAW.
   2.  THE  AUTHORITY  AND  ALL SUBSIDIARIES OF THE AUTHORITY SHALL FULLY
 COMPLY WITH ALL APPLICABLE OPEN DATA REQUIREMENTS.
   (A) FOR PURPOSES OF COMPLIANCE AND TRANSPARENCY, THE  AUTHORITY  SHALL
 APPOINT  A CHIEF DATA OFFICER WHO SHALL CREATE A REGULAR PUBLIC SCHEDULE
 OF RELEASE OF DATA.
   (B) THE OPEN DATA REPORTING SHALL INCLUDE BUT NOT BE LIMITED TO A LIST
 OF ALL GRANTEES AND AMOUNTS OF GRANTS DURING EACH REPORTING PERIOD,  AND
 ANY CRITERIA USED FOR THE SELECTION OF GRANTEES/FUND RECIPIENTS.
   3.  THE  AUTHORITY  AND ALL SUBSIDIARIES OF THE AUTHORITY SHALL PROAC-
 TIVELY DISCLOSE ALL FREEDOM OF INFORMATION  LAW  REQUESTS  MADE  TO  THE
 AUTHORITY,  AND  PUBLISH  ON  THE AUTHORITY'S WEBSITE ANY PUBLIC RECORDS
 WHICH WERE RELEASED UNDER SUCH LAW.
   4. THE AUTHORITY AND ALL SUBSIDIARIES OF THE AUTHORITY SHALL  ANNUALLY
 POST A TABLE OF ORGANIZATION ON ITS WEBSITE THAT LISTS, AT LEAST:
   (A) ALL CURRENT BOARD MEMBERS;
   (B) ADVISORY BOARD MEMBERS;

 S. 4264--A                         58
 
   (C) EXECUTIVE STAFF MEMBERS;
   (D) AN ACCURATE ORGANIZATIONAL CHART; AND
   (E) ACCURATE CONTACT INFORMATION FOR ALL STAFF.
   5.  THE AUTHORITY AND ALL SUBSIDIARIES OF THE AUTHORITY SHALL AT LEAST
 ANNUALLY REPORT ON THEIR WEBSITE, AND TO THE COMPTROLLER AND LEGISLATURE
 A LIST OF ALL GRANTEES, FUND RECIPIENTS,  AND  CONTRACTS.  WHERE  DEEMED
 APPROPRIATE,  ALL  REPORTS GENERATED BY THE AUTHORITY WHETHER UNDER THIS
 SECTION OR OTHERWISE SHALL PROVIDE A LIST OF ALL GRANTEES AND AMOUNTS OF
 GRANTS DURING EACH REPORTING PERIOD,  AND  ANY  CRITERIA  USED  FOR  THE
 SELECTION OF GRANTEES AND FUND RECIPIENTS.
   §  2799-PPPPP.  CORPORATE  EXISTENCE.  THE AUTHORITY AND ITS CORPORATE
 EXISTENCE SHALL CONTINUE UNTIL TERMINATED  BY  LAW,  PROVIDED,  HOWEVER,
 THAT  NO  SUCH LAW SHALL TAKE EFFECT SO LONG AS THE AUTHORITY SHALL HAVE
 BONDS, NOTES OR OTHER OBLIGATIONS OUTSTANDING, UNLESS ADEQUATE PROVISION
 HAS BEEN MADE FOR THE PAYMENT THEREOF, OR AT WHICH POINT  THE  STATE  OF
 NEW  YORK  HAS  REDUCED GREENHOUSE GAS EMISSIONS BY EIGHTY-FIVE PERCENT,
 AND ACHIEVED A ONE HUNDRED PERCENT CARBON FREE ELECTRICITY  PROCUREMENT,
 AND ACHIEVED SEVENTY PERCENT OF ENERGY ACQUIRED BY RENEWABLE ENERGY, AND
 INSTALLED NINE THOUSAND MEGAWATTS OF OFFSHORE WIND ENERGY, AND INSTALLED
 THREE  THOUSAND  MEGAWATTS OF ENERGY STORAGE, AND INSTALLED SIX THOUSAND
 MEGAWATTS OF SOLAR ENERGY,  AND  ACHIEVED  TWENTY-TWO  MILLION  TONS  OF
 CARBON REDUCTION THROUGH ENERGY EFFICIENCY AND ELECTRIFICATION MEASURES.
 UPON SUCH OCCURRENCE AUTHORITY SHALL CEASE TO EXIST.
   §  2799-QQQQQ.  CONFLICTS  OF  INTEREST.  1. IF ANY MEMBER, OFFICER OR
 EMPLOYEE OF THE AUTHORITY SHALL HAVE AN INTEREST, EITHER DIRECT OR INDI-
 RECT, IN ANY CONTRACT TO WHICH THE AUTHORITY IS, OR IS TO BE,  A  PARTY,
 SUCH  INTEREST  SHALL BE DISCLOSED TO THE AUTHORITY IN WRITING AND SHALL
 BE SET FORTH IN THE MINUTES OF THE AUTHORITY.  THE  MEMBER,  OFFICER  OR
 EMPLOYEE HAVING SUCH INTEREST SHALL NOT PARTICIPATE IN ANY ACTION BY THE
 AUTHORITY WITH RESPECT TO SUCH CONTRACT.
   2.  NO  MEMBER,  OFFICER  OR  EMPLOYEE SHALL BE DEEMED TO HAVE SUCH AN
 INTEREST SOLELY BY REASON OF THE OWNERSHIP OF TWO PERCENT OR LESS OF THE
 SECURITIES OF A CORPORATION WHICH IS, OR IS TO BE, A PARTY TO A CONTRACT
 WITH THE AUTHORITY, INCLUDING WITHOUT LIMITATION THE HOLDING COMPANY  OF
 ANY  BANKING INSTITUTION IN WHICH THE FUNDS OF THE AUTHORITY ARE, OR ARE
 TO BE, DEPOSITED OR WHICH IS, OR IS TO BE, ACTING AS TRUSTEE  OR  PAYING
 AGENT  UNDER  ANY  BOND  OR  NOTE RESOLUTION, TRUST INDENTURE OR SIMILAR
 INSTRUMENT TO WHICH THE AUTHORITY IS A PARTY.
   3. NOTHING IN THIS SECTION SHALL BE DEEMED OR CONSTRUED TO  LIMIT  THE
 RIGHT  OF  ANY  BOARD  MEMBER,  OFFICER  OR EMPLOYEE OF THE AUTHORITY TO
 ACQUIRE AN INTEREST IN BONDS OR NOTES OF THE AUTHORITY.
   § 2799-RRRRR. EXCULPATION. 1. THE TRUSTEES AND OFFICERS OF THE AUTHOR-
 ITY, WHILE ACTING WITHIN THE SCOPE OF THEIR  AUTHORITY  AS  TRUSTEES  OR
 OFFICERS,  SHALL  NOT  BE  SUBJECT  TO  ANY  PERSONAL OR CIVIL LIABILITY
 RESULTING FROM THE EXERCISE, CARRYING OUT OR  ADVOCACY  OF  ANY  OF  THE
 AUTHORITY'S  PURPOSES  OR  POWERS, UNLESS THE CONDUCT OF THE TRUSTEES OR
 OFFICERS IS FINALLY DETERMINED BY A COURT OF COMPETENT  JURISDICTION  TO
 CONSTITUTE INTENTIONAL WRONGDOING.
   2.  THE  PROVISIONS  OF  SECTION  SEVENTEEN OF THE PUBLIC OFFICERS LAW
 SHALL APPLY TO TRUSTEES AND OFFICERS OF  THE  AUTHORITY,  IN  CONNECTION
 WITH  ANY  AND  ALL CLAIMS, DEMANDS, SUITS, ACTIONS OR PROCEEDINGS WHICH
 MAY BE MADE OR BROUGHT AGAINST ANY OF THEM ARISING OUT OF  ANY  DETERMI-
 NATIONS  MADE OR ACTIONS TAKEN OR OMITTED TO BE TAKEN IN COMPLIANCE WITH
 ANY OBLIGATIONS UNDER OR PURSUANT TO THE TERMS OF THIS TITLE.
   3. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW TO  THE  CONTRARY,  THE
 PROVISIONS OF SECTION EIGHTEEN OF THE PUBLIC OFFICERS LAW SHALL APPLY TO

 S. 4264--A                         59
 
 THE  EMPLOYEES  OF THE AUTHORITY, IN CONNECTION WITH ANY AND ALL CLAIMS,
 DEMANDS, SUITS, ACTIONS OR PROCEEDINGS WHICH MAY BE BROUGHT AGAINST  ANY
 OF THEM ARISING OUT OF ANY DETERMINATIONS MADE OR ACTIONS TAKEN OR OMIT-
 TED  TO BE TAKEN IN COMPLIANCE WITH ANY OBLIGATIONS UNDER OR PURSUANT TO
 THE TERMS OF THIS TITLE. WHENEVER THE PROVISIONS OF SECTION SEVENTEEN OF
 THE PUBLIC OFFICERS LAW DO NOT APPLY TO THE BOARD TRUSTEES AND  OFFICERS
 OF THE AUTHORITY, THE PROVISIONS OF SECTION EIGHTEEN OF THE PUBLIC OFFI-
 CERS LAW SHALL APPLY TO SUCH BOARD TRUSTEES AND OFFICERS.
   4.  ANY COSTS INCURRED BY THE STATE IN ACCORDANCE WITH SUBDIVISION TWO
 OF THIS SECTION SHALL BE TREATED AS ADVANCES BY THE STATE TO THE AUTHOR-
 ITY, AND SHALL BE REPAID TO  IT  WITHOUT  INTEREST  EITHER  OUT  OF  THE
 PROCEEDS  OF BONDS ISSUED BY THE AUTHORITY PURSUANT TO THE PROVISIONS OF
 THIS TITLE, OR BY THE DELIVERY OF  NON-INTEREST  BEARING  BONDS  OF  THE
 AUTHORITY  TO  THE STATE FOR ALL OR ANY PART OF SUCH ADVANCES, OR OUT OF
 EXCESS REVENUES OF THE AUTHORITY, AT SUCH TIMES AND ON  SUCH  CONDITIONS
 AS  THE  STATE  AND THE AUTHORITY MUTUALLY MAY AGREE UPON. ANY AGREEMENT
 ENTERED INTO BY THE STATE AND THE AUTHORITY FOR  THE  REPAYMENT  OF  ANY
 COSTS  INCURRED  PURSUANT  TO  SUBDIVISION TWO OF THIS SECTION, SHALL BE
 SUBJECT TO THE APPROVAL OF THE PUBLIC AUTHORITIES CONTROL BOARD.
   5. AS USED  IN  THIS  SECTION,  THE  TERMS  "TRUSTEE",  "OFFICER"  AND
 "EMPLOYEE"  SHALL  INCLUDE A FORMER TRUSTEE, OFFICER OR EMPLOYEE AND HIS
 OR HER ESTATE OR JUDICIALLY APPOINTED PERSONAL REPRESENTATIVE.
   § 2799-SSSSS. LIBERAL INTERPRETATION. THIS TITLE, BEING NECESSARY  FOR
 THE  PROSPERITY  OF  THE  STATE  AND ITS INHABITANTS, SHALL BE LIBERALLY
 CONSTRUED TO AFFECT THE PURPOSES OF SUCH TITLE.
   § 2799-TTTTT. SEVERABILITY. THE PROVISIONS  OF  THIS  TITLE  SHALL  BE
 SEVERABLE,  AND  IF ANY PART OR PROVISION OF THIS TITLE, OR THE APPLICA-
 TION THEREOF TO ANY PERSON OR CIRCUMSTANCE, SHALL  BE  ADJUDGED  BY  ANY
 COURT  OF  COMPETENT  JURISDICTION  TO BE INVALID OR UNENFORCEABLE, SUCH
 JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE  REMAINDER  OF  THIS
 TITLE  OR  THE  APPLICATION  OF  SUCH  PROVISION  TO ANY OTHER PERSON OR
 CIRCUMSTANCE, BUT SHALL BE CONFINED IN ITS OPERATION TO  THE  PROVISION,
 PERSON  OR  CIRCUMSTANCE  DIRECTLY  INVOLVED IN THE CONTROVERSY IN WHICH
 SUCH JUDGMENT SHALL HAVE BEEN RENDERED.
   § 2799-UUUUU. INCONSISTENT PROVISIONS OF OTHER LAWS SUPERSEDED.  INSO-
 FAR AS THE PROVISIONS OF THIS TITLE ARE INCONSISTENT WITH THE PROVISIONS
 OF ANY OTHER LAW OR ANY PART THEREOF, THE PROVISIONS OF THIS TITLE SHALL
 BE CONTROLLING.
   §  2799-VVVVV.  TITLE NOT AFFECTED IF IN PART UNCONSTITUTIONAL. IF ANY
 SECTION, CLAUSE OR PROVISION OF THIS TITLE SHALL BE UNCONSTITUTIONAL  OR
 BE  INEFFECTIVE IN WHOLE OR IN PART, TO THE EXTENT THAT IT IS NOT UNCON-
 STITUTIONAL OR INEFFECTIVE, IT SHALL BE VALID AND EFFECTIVE AND NO OTHER
 SECTION, CLAUSE OR PROVISION SHALL ON ACCOUNT THEREOF BE DEEMED  INVALID
 OR INEFFECTIVE.
   § 2799-WWWWW. CLIMATE MANUFACTURING CAREER POLICY. 1. APPLICATION. THE
 AUTHORITY SHALL DEVELOP A "CLIMATE MANUFACTURING CAREERS POLICY" FOR ALL
 PROJECTS EXCEEDING FIVE MILLION DOLLARS.
   2.  THE  CLIMATE  MANUFACTURING  CAREERS POLICY SHALL REQUIRE THAT ALL
 ELIGIBLE LEAD APPLICANTS, ELIGIBLE SUB-APPLICANTS  AND  LABOR  ORGANIZA-
 TIONS  PARTICIPATING  IN  THE  PROGRAM  AND APPLYING FOR GRANTS OR LOANS
 ADMINISTERED BY THE AUTHORITY HAVE THE OPTION TO SUBMIT  PROPOSALS  THAT
 UTILIZE  THE  U.S. EMPLOYMENT PLAN, AS DEFINED BY ARTICLE EIGHT-B OF THE
 LABOR LAW, OR SHALL USE THE LOCAL  EMPLOYMENT  PLAN  BEST-VALUE  SCORING
 CRITERIA  AS OUTLINED IN ARTICLE EIGHT-B OF THE LABOR LAW TO: (A) CREATE
 HIGH-QUALITY JOBS AND TRAINING PROGRAMS FOR UNITED STATES AND  NEW  YORK
 STATE RESIDENTS; (B) INVEST IN NEW OR EXISTING MANUFACTURING FACILITIES;

 S. 4264--A                         60
 
 AND  (C) GENERATE EMPLOYMENT OPPORTUNITIES FOR DISADVANTAGED WORKERS AND
 DISADVANTAGED COMMUNITIES AS DETERMINED BY THE AUTHORITY.
   3. PROCEDURE. THE CLIMATE MANUFACTURING CAREERS POLICY SHALL INCLUDE A
 PROCEDURE  UNDER WHICH THE AUTHORITY'S PROCUREMENT OFFICE SHALL ADMINIS-
 TER THE REVIEW OF THE PROPOSERS' BID FOR THE U.S. EMPLOYMENT PLAN AND/OR
 LOCAL EMPLOYMENT PLAN, AS DEFINED BY ARTICLE EIGHT-B OF THE  LABOR  LAW,
 WORKSHEET  COMMITMENTS AND NARRATIVE. THE PROCUREMENT OFFICE SHALL SCORE
 SUCH COMMITMENTS TO DETERMINE AWARDING OF THE FUNDS,  GRANTS  OR  LOANS.
 THE PROCUREMENT OFFICE SHALL ALSO REVIEW SUBSEQUENT QUARTERLY AND ANNUAL
 REPORTS  SUBMITTED  BY THE ELIGIBLE LEAD APPLICANTS, ELIGIBLE SUB-APPLI-
 CANTS AND LABOR ORGANIZATIONS TO SHOW  FULFILLMENT  OF  THE  COMMITMENTS
 MADE  IN  SUCH  U.S.  EMPLOYMENT PLAN AND/OR LOCAL EMPLOYMENT PLAN WORK-
 SHEETS AND NARRATIVE.
   4. PROPOSERS SHALL INCLUDE SUBCONTRACTOR AND SUPPLIER PARTICIPATION TO
 INCREASE THE U.S. JOBS IMPACT OF THE PROJECT. THE CLIMATE  MANUFACTURING
 CAREERS  POLICY  SHALL DETAIL A SYSTEM FOR AWARDING U.S. EMPLOYMENT PLAN
 AND/OR LOCAL EMPLOYMENT PLAN, AS DEFINED BY ARTICLE EIGHT-B OF THE LABOR
 LAW, COMMITMENT CREDIT TO PROPOSERS. PROPOSERS SHALL RECEIVE  SUCH  U.S.
 EMPLOYMENT  PLAN  COMMITMENT  CREDIT  FOR  SUBCONTRACTORS/SUPPLIERS WITH
 FACILITIES IN THE UNITED STATES.
   5. THE CLIMATE MANUFACTURING CAREERS POLICY SHALL INCLUDE  TRANSPAREN-
 CY,  COMPLIANCE, AND ENFORCEMENT PROCEDURES THAT, AT A MINIMUM, MEET THE
 REQUIREMENTS OF ARTICLE EIGHT-B OF THE LABOR  LAW.  THE  AUTHORITY  WILL
 MAINTAIN A WEB PAGE FOR EACH AGREEMENT THAT INCLUDES FINAL CONTRACTS AND
 U.S. EMPLOYMENT PLAN AND/OR LOCAL EMPLOYMENT PLAN, AS DEFINED BY ARTICLE
 EIGHT-B OF THE LABOR LAW, COMPLIANCE SUBMISSIONS.
   §  2799-XXXXX.  ADDITIONAL  RESPONSIBLE  CONTRACTING  STANDARDS. 1. IN
 ORDER TO ENSURE THE BEST QUALITY WORK AND VALUE FOR NEW YORK  STATE  AND
 ITS  CONSTITUENT COMMUNITIES, TO THE DEGREE ALLOWED BY LAW A PARTY WHICH
 RECEIVES ASSISTANCE FROM THE STATE FOR THE INCREASE OF ENERGY  EFFICIEN-
 CY,  ELECTRIFICATION  UPGRADES,  THE  DEVELOPMENT OF RENEWABLE ENERGIES,
 CLIMATE CHANGE RESILIENCY, OR OTHER INVESTMENTS BY  THE  AUTHORITY  OVER
 ONE  MILLION DOLLARS OR RECEIVING MORE THAN DE MINIMIS SUPPORT WHERE THE
 OVERALL PROJECT INVESTMENT IS OVER FIVE MILLION DOLLARS SHALL  TAKE  THE
 NECESSARY  CONTRACTUAL  ACTIONS TO ENSURE THAT A PROJECT LABOR AGREEMENT
 OR COMMUNITY BENEFITS AGREEMENT IS EXECUTED BETWEEN THE ENTITY RESPONSI-
 BLE FOR THE ASSISTED PROJECT AND AN APPROPRIATE THIRD PARTY.
   2. RECOMMENDATIONS AND MINIMUM  STANDARDS  FOR  QUALIFYING  AGREEMENTS
 RELATED  TO  NON-CONSTRUCTION  WORK  SHALL BE PUBLISHED BY THE AUTHORITY
 ANNUALLY, AND NO COMMUNITY BENEFITS AGREEMENT UNDER THIS  SECTION  SHALL
 MEET THE REQUIREMENTS OF THIS SECTION WITHOUT MEETING SUCH STANDARDS.
   3.  PENALTIES  AND SANCTIONS. THE FAILURE OF A PARTY RECEIVING ASSIST-
 ANCE UNDER THIS TITLE TO ENSURE  COMPLIANCE  WITH  THE  REQUIREMENTS  OF
 SUBDIVISION  FOUR  OF THIS SECTION SHALL CONSTITUTE A MATERIAL BREACH OF
 THE AGREEMENT UNDER WHICH ASSISTANCE IS PROVIDED AND  SHALL  PERMIT  THE
 STATE  TO  IMPOSE APPLICABLE PENALTIES AND SANCTIONS FOR CONDUCT CONSTI-
 TUTING NON-COMPLIANCE, INCLUDING BUT NOT LIMITED TO REVOCATION OF ALL OR
 PART OF THE ASSISTANCE PROVIDED BY THE STATE.
   4. RESPONSIBLE  CONTRACTOR  REQUIREMENTS.  THE  PARTY  WHICH  RECEIVES
 ASSISTANCE  FROM  THE STATE FOR A RENEWABLE ENERGY PROJECT, ENERGY EFFI-
 CIENCY PROJECT, OTHER CONSTRUCTION  PROJECT  SHALL  TAKE  THE  NECESSARY
 CONTRACTUAL ACTIONS TO ENSURE EACH CONTRACTOR AND SUBCONTRACTOR INVOLVED
 IN  THE OPERATION CONSTRUCTION OF THE ASSISTED PROJECT COMPLETES A SWORN
 CERTIFICATION THAT THE FIRM:

 S. 4264--A                         61
 
   (A) HAS THE NECESSARY RESOURCES TO PERFORM THE PORTION OF THE ASSISTED
 PROJECT TO WHICH THEY ARE ASSIGNED, INCLUDING THE  NECESSARY  TECHNICAL,
 FINANCIAL, AND PERSONNEL RESOURCES;
   (B) HAS ALL REQUIRED LICENSES, CERTIFICATIONS OR CERTIFICATES REQUIRED
 OF ANY BUSINESS ENTITY OR INDIVIDUAL BY APPLICABLE STATE OR LOCAL LAW;
   (C) THAT IN THE PAST THREE YEARS, THE FIRM:
   (I) HAS NOT BEEN DEBARRED BY ANY GOVERNMENT AGENCY;
   (II) HAS NOT DEFAULTED ON ANY PROJECT;
   (III)  HAS  NOT  HAD  ANY  LICENSE,  CERTIFICATION OR OTHER CREDENTIAL
 RELATING TO THE BUSINESS REVOKED OR SUSPENDED; AND
   (IV) HAS NOT BEEN FOUND IN VIOLATION OF  ANY  LAW  APPLICABLE  TO  ITS
 BUSINESS  THAT  RESULTED  IN THE PAYMENT OF A FINE, BACK PAY DAMAGES, OR
 ANY OTHER TYPE OF PENALTY IN THE AMOUNT OF TEN THOUSAND DOLLARS OR MORE;
 SHALL PAY CRAFT PERSONNEL EMPLOYED ON THE PROJECT,  AT  A  MINIMUM,  THE
 APPLICABLE WAGE AND FRINGE BENEFIT RATES FOR THE CLASSIFICATION IN WHICH
 THE  WORKER IS EMPLOYED IN ACCORDANCE WITH APPLICABLE REQUIRED RATES FOR
 THE PROJECT; AND
   (C) THE FIRM SHALL NOT MISCLASSIFY EMPLOYEES AS  INDEPENDENT  CONTRAC-
 TORS.
   §  9.  The  tax law is amended by adding two new articles 42 and 43 to
 read as follows:
                                 ARTICLE 42
                           CLIMATE POLLUTION FEE
 SECTION 3039. DEFINITIONS.
         3040. IMPOSITION OF CARBON POLLUTION FEE.
         3041. AMOUNT OF FEE.
         3042. APPLICABLE ENTITIES.
         3043. CALCULATION OF EMISSIONS FACTORS.
         3044. EXEMPTIONS AND DEDUCTIONS.
         3045. EMISSIONS LEAKAGE MITIGATION POLICY.
         3046. CREATION OF FUNDS WITHIN THE AUTHORITY.
         3047. REPORTING.
   § 3039. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "AUTHORITY" SHALL MEAN THE CLIMATE AND COMMUNITY INVESTMENT AUTHOR-
 ITY.
   2. "BORDER CARBON ADJUSTMENT FEE" MEANS A FEE IMPOSED TO ADDRESS EMIS-
 SIONS  LEAKAGE  THAT  ADJUSTS  THE  PRICE OF A GOOD, AT THE POINT OF THE
 IMPORTATION INTO THE STATE OF GOODS THAT REQUIRE EMISSIONS OF GREENHOUSE
 GASES FOR THEIR PRODUCTION OR OPERATION, OR EXPORT FROM  THE  STATE,  TO
 REFLECT THE KNOWN OR ESTIMATED GREENHOUSE GAS EMISSIONS QUANTITIES ASSO-
 CIATED WITH THE PRODUCTION OF SUCH GOOD.
   3.  "CARBON-BASED  FUEL" MEANS COAL, A PETROLEUM PRODUCT, NATURAL GAS,
 METHANE, MUNICIPAL SOLID WASTE (OR ANY OTHER FEEDSTOCKS USED FOR  WASTE-
 TO-ENERGY  CONVERSIONS),  OR  BIOMASS THAT MAY BE A SOURCE OF GREENHOUSE
 GAS EMISSIONS THROUGH COMBUSTION AND FUGITIVE EMISSIONS.
   4. "CARBON DIOXIDE EQUIVALENT" AND "CO2E" MEAN THE  AMOUNT  OF  CARBON
 DIOXIDE  BY  MASS THAT WOULD PRODUCE THE SAME GLOBAL WARMING IMPACT AS A
 GIVEN MASS OF ANOTHER GREENHOUSE  GAS  OVER  AN  INTEGRATED  TWENTY-YEAR
 TIMEFRAME AFTER EMISSION, BASED ON THE BEST AVAILABLE SCIENCE.
   5.  "REGULATED  AIR  CONTAMINANT"  SHALL  HAVE  THE SAME MEANING AS IN
 SUBDIVISION TWENTY-TWO OF SECTION 19-0107 OF THE ENVIRONMENTAL CONSERVA-
 TION LAW.
   6. "COMMISSIONER" MEANS THE COMMISSIONER OF TAXATION AND FINANCE.
   7. "DISADVANTAGED COMMUNITIES" SHALL  HAVE  THE  SAME  MEANING  AS  IN
 SECTION 75-0111 OF THE ENVIRONMENTAL CONSERVATION LAW.

 S. 4264--A                         62

   8.  "DOWNSTATE  REGION" MEANS THE COUNTIES OF RICHMOND, KINGS, QUEENS,
 NEW YORK, BRONX, WESTCHESTER, NASSAU AND SUFFOLK.
   9.  "EMISSIONS  LEAKAGE" MEANS AN INCREASE IN EMISSIONS OUTSIDE OF THE
 STATE, AS A RESULT OF, OR IN CORRELATION  WITH,  THE  IMPLEMENTATION  OF
 MEASURES WITHIN THE STATE TO LIMIT SUCH EMISSIONS.
   10.  "FUGITIVE  EMISSIONS"  MEANS  THOSE EMISSIONS OF A GREENHOUSE GAS
 THAT ARE RELEASED DURING  EXTRACTION,  TRANSPORTATION  OF  FUEL,  DURING
 PROCESSING,  AND  DUE  TO  LEAKS DURING INDUSTRIAL PROCESSES OR AT SOLID
 WASTE AND WASTEWATER MANAGEMENT SITES.
   11. "GREENHOUSE GAS" SHALL HAVE THE SAME  MEANING  AS  IN  SUBDIVISION
 EIGHT OF SECTION 19-1301 OF THE ENVIRONMENTAL CONSERVATION LAW.
   12.  "GREENHOUSE  GAS EMISSION SOURCE" OR "SOURCE" MEANS ANY ANTHROPO-
 GENIC SOURCE OR CATEGORY OF  ANTHROPOGENIC  SOURCES  OF  GREENHOUSE  GAS
 EMISSIONS.
   13.  "INDUSTRIAL  PROCESSES" MEANS THOSE PROCESSES THAT INCLUDE FOSSIL
 FUEL EXTRACTION, THE OPERATION OF FUEL PROCESSING PLANTS, PIPELINE OPER-
 ATIONS AND OTHER FUEL TRANSPORT, THE OPERATION OF FUEL  REFINERIES,  AND
 OTHER  PROCESSES  INVOLVED IN THE EXTRACTION, REFINEMENT OR TRANSPORT OF
 CARBON-BASED FUELS.
   14. "LIFE CYCLE ANALYSIS" MEANS A METHOD  FOR  CALCULATING  GREENHOUSE
 GAS  EMISSIONS  THAT  ENCOMPASSES EMISSIONS THAT ARE RELEASED OR SEQUES-
 TERED DURING ALL PHASES OF A FUEL OR  OTHER  PRODUCT'S  LIFE,  INCLUDING
 THOSE  EMISSIONS  RELEASED  DURING  EXTRACTION,  PROCESSING,  TRANSPORT,
 DISTRIBUTION, COMBUSTION  (OR  SOME  OTHER  FORM  OF  CONSUMPTION),  AND
 DISPOSAL.  SUCH  TERM  SHALL  INCLUDE  CO2E  THAT  IS SEQUESTERED DURING
 BIOLOGICAL PROCESSES, PERTAINING TO BIOMASS FUEL.
   15. "PETROLEUM PRODUCT" MEANS ALL PETROLEUM  DERIVATIVES,  WHETHER  IN
 BOND  OR NOT, WHICH ARE COMMONLY BURNED TO PRODUCE HEAT, ELECTRICITY, OR
 MOTION, OR WHICH ARE COMMONLY PROCESSED TO  PRODUCE  SYNTHETIC  GAS  FOR
 BURNING, INCLUDING WITHOUT LIMITATION, PROPANE, GASOLINE, UNLEADED GASO-
 LINE,  KEROSENE,  HEATING OIL, DIESEL FUEL, KEROSENE BASED JET FUEL, AND
 NUMBER 4, NUMBER 5 AND RESIDUAL OIL FOR UTILITY  AND  NON-UTILITY  USES,
 BUT  NOT INCLUDING, PETROLEUM FEEDSTOCKS TO PLASTICS PRODUCTION OR OTHER
 MANUFACTURING.
   16. "UPSTATE REGION" MEANS ALL NEW YORK COUNTIES  OTHER  THAN  NASSAU,
 SUFFOLK, RICHMOND, KINGS, QUEENS, NEW YORK, BRONX AND WESTCHESTER.
   17.  "WORKING  GROUP"  MEANS THE CLIMATE JUSTICE WORKING GROUP CREATED
 PURSUANT TO SECTION 75-0111 OF THE ENVIRONMENTAL CONSERVATION LAW.
   § 3040. IMPOSITION OF CARBON POLLUTION FEE.  THERE IS  HEREBY  IMPOSED
 UPON  ANY  APPLICABLE  ENTITY, AS SPECIFIED UNDER SECTION THREE THOUSAND
 FORTY-TWO OF THIS ARTICLE, A FEE IN AN AMOUNT DETERMINED  UNDER  SECTION
 THREE THOUSAND FORTY-ONE OF THIS ARTICLE, ON:
   1.  ANY  CARBON-BASED FUEL SOLD, USED, OR BROUGHT INTO THE STATE BY AN
 APPLICABLE ENTITY AS DEFINED IN SECTION THREE THOUSAND FORTY-TWO OF THIS
 ARTICLE; AND
   2. ANY FUGITIVE EMISSIONS OF METHANE EMITTED IN THE STATE BY AN APPLI-
 CABLE ENTITY.
   § 3041. AMOUNT OF FEE.  1. THE AMOUNT OF THE FEE  IMPOSED  BY  SECTION
 THREE  THOUSAND  FORTY  OF THIS ARTICLE, PER SHORT TON OF CARBON DIOXIDE
 EQUIVALENT CONTENT THAT WOULD BE EMITTED THROUGH THE COMBUSTION OF  SUCH
 PRODUCT,  AS  DETERMINED BY THE PRESIDENT OF THE CLIMATE AND COMMUNITIES
 INVESTMENT AUTHORITY, IN CONSULTATION WITH THE COMMISSIONER OF  ENVIRON-
 MENTAL  CONSERVATION,  PURSUANT  TO  THIS ARTICLE, SHALL BE EQUAL TO THE
 FOLLOWING:
   (A) DURING CALENDAR YEAR TWO THOUSAND TWENTY-TWO, FIFTY-FIVE DOLLARS;

 S. 4264--A                         63
 
   (B) DURING CALENDAR YEARS TWO THOUSAND THROUGH  TWO  THOUSAND  TWENTY-
 FIVE, AN AMOUNT EQUAL TO THE SUM OF:
   (I)  THE  AMOUNT  IN  EFFECT  UNDER THIS SUBDIVISION FOR THE PRECEDING
 CALENDAR YEAR, AND
   (II) A FIVE PERCENT INCREASE TO THE AMOUNT ASSESSED  IN  THE  PREVIOUS
 YEAR;
   (C) DURING CALENDAR YEARS TWO THOUSAND TWENTY-SIX THROUGH TWO THOUSAND
 THIRTY-ONE, AN AMOUNT EQUAL TO THE SUM OF:
   (I) THE FEE ASSESSED UNDER THIS SUBDIVISION FOR THE PRECEDING CALENDAR
 YEAR, AND:
   (A)  TWO  PERCENT  OF THE PREVIOUS YEAR'S FEE IF THE MOST RECENT FIVE-
 YEAR ENVIRONMENTAL INTEGRITY METRIC, DESCRIBED UNDER  PARAGRAPH  (A)  OF
 SUBDIVISION TWO OF THIS SECTION, IS LESS THAN MINUS FIVE PERCENT;
   (B)  FIVE  PERCENT OF THE PREVIOUS YEAR'S FEE IF THE MOST RECENT FIVE-
 YEAR ENVIRONMENTAL INTEGRITY METRIC, DESCRIBED UNDER  PARAGRAPH  (A)  OF
 SUBDIVISION  TWO OF THIS SECTION, IS GREATER THAN OR EQUAL TO MINUS FIVE
 PERCENT AND LESS THAN FIVE PERCENT;
   (C) SEVEN PERCENT OF THE PREVIOUS YEAR'S FEE IF THE MOST RECENT  FIVE-
 YEAR  ENVIRONMENTAL  INTEGRITY  METRIC, DESCRIBED UNDER PARAGRAPH (A) OF
 SUBDIVISION TWO OF THIS SECTION,  IS  GREATER  THAN  OR  EQUAL  TO  FIVE
 PERCENT AND LESS THAN TEN PERCENT; OR
   (D)  TEN  PERCENT  OF THE PREVIOUS YEAR'S FEE IF THE MOST RECENT FIVE-
 YEAR ENVIRONMENTAL INTEGRITY METRIC, DESCRIBED UNDER  PARAGRAPH  (A)  OF
 SUBDIVISION  TWO  OF  THIS  SECTION,  IS  GREATER  THAN  OR EQUAL TO TEN
 PERCENT; AND
   (II) THE AUTHORITY SHALL ALSO ASSESS A COST-OF-LIVING,  OR  INFLATION,
 ADJUSTMENT  USING  THE UNITED STATES BUREAU OF LABOR STATISTICS CONSUMER
 PRICE INDEX OR, IF THAT INDEX IS NOT AVAILABLE, ANOTHER INDEX ADOPTED BY
 THE COMMISSIONER;
   (D) DURING CALENDAR YEARS TWO THOUSAND THIRTY-TWO THROUGH TWO THOUSAND
 FIFTY-ONE, AN AMOUNT EQUAL TO THE SUM OF:
   (I) THE FEE ASSESSED UNDER THIS SUBDIVISION FOR THE PRECEDING CALENDAR
 YEAR, AND:
   (A) TWO PERCENT OF THE PREVIOUS YEAR'S FEE IF THE  MOST  RECENT  FIVE-
 YEAR  ENVIRONMENTAL  INTEGRITY  METRIC, DESCRIBED UNDER PARAGRAPH (A) OF
 SUBDIVISION TWO OF THIS SECTION, IS LESS THAN MINUS  FIVE  PERCENT,  AND
 THE  MOST  RECENT  CUMULATIVE  ENVIRONMENTAL INTEGRITY METRIC, DESCRIBED
 UNDER PARAGRAPH (B) OF SUBDIVISION TWO OF THIS  SECTION,  IS  LESS  THAN
 MINUS ONE PERCENT;
   (B) FIVE PERCENT OF THE PREVIOUS YEAR'S FEE IF:
   I. THE MOST RECENT FIVE-YEAR ENVIRONMENTAL INTEGRITY METRIC, DESCRIBED
 UNDER  PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION, IS GREATER THAN
 OR EQUAL TO MINUS FIVE PERCENT AND LESS THAN FIVE PERCENT, AND THE  MOST
 RECENT  CUMULATIVE ENVIRONMENTAL INTEGRITY METRIC, DESCRIBED UNDER PARA-
 GRAPH (B) OF SUBDIVISION TWO OF THIS SECTION, IS LESS THAN TWO  PERCENT;
 OR
   II.   THE   MOST  RECENT  FIVE-YEAR  ENVIRONMENTAL  INTEGRITY  METRIC,
 DESCRIBED UNDER PARAGRAPH (A) OF SUBDIVISION TWO  OF  THIS  SECTION,  IS
 LESS  THAN  FIVE  PERCENT,  AND THE MOST RECENT CUMULATIVE ENVIRONMENTAL
 INTEGRITY METRIC, DESCRIBED UNDER PARAGRAPH (B) OF  SUBDIVISION  TWO  OF
 THIS  SECTION,  IS  GREATER  THAN OR EQUAL TO MINUS ONE PERCENT AND LESS
 THAN TWO PERCENT;
   (C) SEVEN PERCENT OF THE PREVIOUS YEAR'S FEE IF:
   I. THE MOST RECENT FIVE-YEAR ENVIRONMENTAL INTEGRITY METRIC, DESCRIBED
 UNDER PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION, IS GREATER  THAN
 OR  EQUAL  TO  FIVE  PERCENT  AND LESS THAN TEN PERCENT, AND IF THE MOST

 S. 4264--A                         64
 
 RECENT CUMULATIVE ENVIRONMENTAL INTEGRITY METRIC, DESCRIBED UNDER  PARA-
 GRAPH  (B)  OF  SUBDIVISION  TWO  OF  THIS  SECTION,  IS LESS THAN THREE
 PERCENT; OR
   II.   THE   MOST  RECENT  FIVE-YEAR  ENVIRONMENTAL  INTEGRITY  METRIC,
 DESCRIBED UNDER PARAGRAPH (A) OF SUBDIVISION TWO  OF  THIS  SECTION,  IS
 LESS  THAN  TEN  PERCENT,  AND  THE MOST RECENT CUMULATIVE ENVIRONMENTAL
 INTEGRITY METRIC, DESCRIBED UNDER PARAGRAPH (B) OF  SUBDIVISION  TWO  OF
 THIS  SECTION,  IS  GREATER  THAN  OR EQUAL TO TWO PERCENT AND LESS THAN
 THREE PERCENT; OR
   (D) TEN PERCENT OF THE PREVIOUS YEAR'S FEE IF:
   I. THE MOST RECENT FIVE-YEAR ENVIRONMENTAL INTEGRITY METRIC, DESCRIBED
 UNDER PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION, IS GREATER  THAN
 OR EQUAL TO TEN PERCENT; OR
   II.   THE  MOST  RECENT  CUMULATIVE  ENVIRONMENTAL  INTEGRITY  METRIC,
 DESCRIBED UNDER PARAGRAPH (B) OF SUBDIVISION TWO  OF  THIS  SECTION,  IS
 GREATER THAN OR EQUAL TO THREE PERCENT; AND
   (II)  THE  AUTHORITY SHALL ALSO ASSESS A COST-OF-LIVING, OR INFLATION,
 ADJUSTMENT USING THE UNITED STATES BUREAU OF LABOR  STATISTICS  CONSUMER
 PRICE INDEX OR, IF THAT INDEX IS NOT AVAILABLE, ANOTHER INDEX ADOPTED BY
 THE COMMISSIONER.
   2. IN TWO THOUSAND TWENTY-FOUR, AND EVERY YEAR THEREAFTER, THE COMMIS-
 SIONER  SHALL,  IN  CONSULTATION  WITH  THE  DEPARTMENT OF ENVIRONMENTAL
 CONSERVATION:
   (A) CALCULATE THE  FIVE-YEAR  ENVIRONMENTAL  INTEGRITY  METRIC,  WHICH
 SHALL EQUAL A FRACTION, EXPRESSED AS A PERCENTAGE:
   (I) THE NUMERATOR OF WHICH IS:
   (A)  THE  SUM OF THE QUANTITY OF ACTUAL STATEWIDE GREENHOUSE GAS EMIS-
 SIONS, MEASURED IN SHORT TONS CO2E, IN EACH OF THE PRECEDING FIVE YEARS,
 MINUS
   (B) THE SUM OF THE QUANTITY OF TARGET STATEWIDE GREENHOUSE  GAS  EMIS-
 SIONS, MEASURED IN SHORT TONS CO2E, IN EACH OF THE PRECEDING FIVE YEARS,
 PURSUANT TO SUBDIVISION FOUR OF THIS SECTION; AND
   (II)  THE  DENOMINATOR  OF  WHICH IS THE SUM OF THE QUANTITY OF TARGET
 STATEWIDE GREENHOUSE GAS EMISSIONS, MEASURED IN SHORT TONS CO2E, IN EACH
 OF THE PRECEDING FIVE  YEARS,  PURSUANT  TO  SUBDIVISION  FOUR  OF  THIS
 SECTION; AND
   (B)  CALCULATE  THE  CUMULATIVE  ENVIRONMENTAL INTEGRITY METRIC, WHICH
 SHALL EQUAL A FRACTION, EXPRESSED AS A PERCENTAGE:
   (I) THE NUMERATOR OF WHICH IS:
   (A) THE SUM OF THE QUANTITY OF ACTUAL STATEWIDE GREENHOUSE  GAS  EMIS-
 SIONS,  MEASURED IN SHORT TONS CO2E, IN EACH OF THE PRECEDING YEARS THAT
 ARE AFTER TWO THOUSAND EIGHTEEN, MINUS
   (B) THE SUM OF THE QUANTITY OF TARGET STATEWIDE GREENHOUSE  GAS  EMIS-
 SIONS,  MEASURED IN SHORT TONS CO2E, IN EACH OF THE PRECEDING YEARS THAT
 ARE AFTER TWO THOUSAND EIGHTEEN, PURSUANT TO SUBDIVISION  FOUR  OF  THIS
 SECTION; AND
   (II)  THE  DENOMINATOR  OF  WHICH IS THE SUM OF THE QUANTITY OF TARGET
 STATEWIDE GREENHOUSE GAS EMISSIONS, MEASURED IN SHORT TONS CO2E, IN EACH
 OF THE PRECEDING YEARS THAT ARE AFTER TWO THOUSAND EIGHTEEN, PURSUANT TO
 SUBDIVISION FOUR OF THIS SECTION; AND
   (C) PUBLISH THE AMOUNTS CALCULATED IN PARAGRAPHS (A) AND (B)  OF  THIS
 SUBDIVISION NOT LATER THAN JULY FIRST IN THAT YEAR.
   3.  THE AUTHORITY SHALL CALCULATE AND PUBLISH THE AMOUNT OF THE FEE IN
 CURRENT DOLLARS FOR EACH YEAR, NO LATER THAN JULY FIRST IN THAT YEAR.
   4. FOR THE PURPOSES OF CALCULATING THE FIVE-YEAR ENVIRONMENTAL  INTEG-
 RITY  METRIC  AND  THE  CUMULATIVE  ENVIRONMENTAL INTEGRITY METRIC UNDER

 S. 4264--A                         65
 
 SUBDIVISION TWO OF THIS  SECTION,  THE  AUTHORITY  SHALL  REFER  TO  THE
 FOLLOWING STATEWIDE GREENHOUSE GAS EMISSIONS TARGETS:
   (A)  FOR  THE YEAR TWO THOUSAND TWENTY-ONE, EIGHTY-FIVE PERCENT OF TWO
 THOUSAND EIGHTEEN EMISSIONS;
   (B) FOR EACH YEAR AFTER TWO THOUSAND TWENTY-ONE AND BEFORE  TWO  THOU-
 SAND  TWENTY-SEVEN,  LESS  THAN IN THE PRECEDING YEAR BY FOUR PERCENT OF
 THE TWO THOUSAND EIGHTEEN EMISSIONS; AND
   (C) FOR EACH YEAR AFTER TWO THOUSAND TWENTY-SIX AND BEFORE  TWO  THOU-
 SAND  FORTY-TWO, LESS THAN IN THE PRECEDING YEAR BY THREE PERCENT OF TWO
 THOUSAND EIGHTEEN EMISSIONS; AND
   (D) FOR EACH YEAR AFTER TWO  THOUSAND  FORTY-ONE,  LESS  THAN  IN  THE
 PRECEDING YEAR BY TWO PERCENT OF TWO THOUSAND EIGHTEEN EMISSIONS.
   §  3042.  APPLICABLE  ENTITIES.  FOR THE PURPOSES OF THIS ARTICLE, THE
 TERM "APPLICABLE ENTITY" MEANS:
   1. FOR THE PURPOSES OF ANY COAL SOLD, USED, OR ENTERED INTO THE STATE:
   (A) THE VENDOR OF SUCH COAL AT THE FIRST POINT OF SALE, IN CASES WHERE
 THE SALE OF COAL OCCURS IN THE STATE; AND
   (B) THE PURCHASER OF SUCH COAL, IN CASES WHERE THE SALE OF COAL OCCURS
 OUTSIDE OF THE STATE;
   2. FOR THE PURPOSES OF ANY PETROLEUM PRODUCT SOLD,  USED,  OR  ENTERED
 INTO THE STATE:
   (A)  THE  VENDOR, INCLUDING A PETROLEUM BUSINESS AS DEFINED BY SECTION
 THREE HUNDRED OF THIS CHAPTER, OF SUCH PETROLEUM PRODUCT  AT  THE  FIRST
 POINT  OF  SALE, IN CASES WHERE THE SALE OF THE PETROLEUM PRODUCT OCCURS
 IN THE STATE; AND
   (B) THE PURCHASER OF SUCH PETROLEUM PRODUCT, IN CASES WHERE  THE  SALE
 OF THE PETROLEUM PRODUCT OCCURS OUTSIDE OF THE STATE;
   3. FOR THE PURPOSES OF ANY NATURAL GAS SOLD, USED, OR ENTERED INTO THE
 STATE:
   (A) THE VENDOR (INCLUDING A NATURAL GAS DISTRIBUTION COMPANY OR WHOLE-
 SALE  NATURAL  GAS  VENDORS)  OF  SUCH NATURAL GAS AT THE FIRST POINT OF
 SALE, IN CASES WHERE THE SALE OF NATURAL GAS OCCURS IN THE STATE; AND
   (B) THE PURCHASER OF SUCH NATURAL GAS, IN CASES WHERE THE SALE OF  THE
 NATURAL GAS OCCURS OUTSIDE OF THE STATE;
   4. FOR THE PURPOSES OF ANY ELECTRICITY SOLD, USED, OR ENTERED INTO THE
 STATE:
   (A)  THE VENDOR (INCLUDING A LOCAL ELECTRICITY DISTRIBUTION COMPANY, A
 WHOLESALE ELECTRICITY VENDOR AND ALL COMPETITIVE SUPPLIERS OF  ELECTRIC-
 ITY  TO  END  USERS)  OF SUCH ELECTRICITY AT THE FIRST POINT OF SALE, IN
 CASES WHERE THE SALE OF ELECTRICITY OCCURS IN THE STATE; AND
   (B) THE PURCHASER OF SUCH ELECTRICITY, IN CASES WHERE THE SALE OF  THE
 ELECTRICITY OCCURS OUTSIDE OF THE STATE;
   5.  FOR THE PURPOSES OF ANY MUNICIPAL SOLID WASTE (OR ANY OTHER FEEDS-
 TOCKS USED FOR WASTE-TO-ENERGY CONVERSIONS) SOLD, USED, OR ENTERED  INTO
 THE STATE:
   (A)  THE VENDOR OF SUCH MUNICIPAL SOLID WASTE (OR ANY OTHER FEEDSTOCKS
 USED FOR WASTE-TO-ENERGY CONVERSIONS) AT THE FIRST  POINT  OF  SALE,  IN
 CASES  WHERE  THE SALE OF MUNICIPAL SOLID WASTE (OR ANY OTHER FEEDSTOCKS
 USED FOR WASTE-TO-ENERGY CONVERSIONS) OCCURS IN THE STATE; AND
   (B) THE PURCHASER OF SUCH MUNICIPAL SOLID WASTE (OR ANY  OTHER  FEEDS-
 TOCKS  USED FOR WASTE-TO-ENERGY CONVERSIONS), IN CASES WHERE THE SALE OF
 THE MUNICIPAL SOLID WASTE (OR ANY OTHER FEEDSTOCKS USED FOR WASTE-TO-EN-
 ERGY CONVERSIONS) OCCURS OUTSIDE OF THE STATE;
   6. FOR THE PURPOSES OF ANY BIOMASS SOLD, USED,  OR  ENTERED  INTO  THE
 STATE,

 S. 4264--A                         66
 
   (A)  THE  VENDOR  OF SUCH BIOMASS AT THE FIRST POINT OF SALE, IN CASES
 WHERE THE SALE OF BIOMASS OCCURS IN THE STATE; AND
   (B)  THE  PURCHASER  OF  SUCH  BIOMASS, IN CASES WHERE THE SALE OF THE
 BIOMASS OCCURS OUTSIDE OF THE STATE; AND
   7. FOR THE PURPOSES OF ANY FUGITIVE EMISSIONS OF METHANE  RELEASED  IN
 THE STATE, THE OWNER OF THE PROPERTY THAT IS THE SOURCE OF SUCH FUGITIVE
 EMISSIONS,  INCLUDING STATIONARY SOURCES AND MOBILE SOURCES, AND INCLUD-
 ING PIPELINE OPERATORS, FUEL DISTRIBUTORS, TRANSPORTATION COMPANIES  AND
 OTHER ENTITIES.
   §  3043.  CALCULATION OF EMISSIONS FACTORS. 1. NOT LATER THAN ONE YEAR
 AFTER THE EFFECTIVE DATE OF THIS ARTICLE, THE COMMISSIONER  OF  ENVIRON-
 MENTAL  CONSERVATION,  IN  COLLABORATION  WITH THE AUTHORITY, SHALL, FOR
 EACH CARBON-BASED FUEL IDENTIFIED IN THIS ARTICLE AND FOR VARIOUS SOURC-
 ES OF ELECTRICITY CONSUMED IN THE STATE, CALCULATE GREENHOUSE GAS  EMIS-
 SIONS FACTORS, IN CARBON DIOXIDE EQUIVALENT.
   2.  EMISSIONS  FACTORS ASSOCIATED WITH COMBUSTION OR OTHER CONSUMPTION
 OF THE CARBON-BASED FUELS IDENTIFIED IN THIS ARTICLE SHALL BE CALCULATED
 ACCORDING TO LIFE-CYCLE ANALYSIS  METHODS,  WHICH  AT  A  MINIMUM  SHALL
 INCORPORATE:
   (A)  ANY GREENHOUSE GASES RELEASED AT THE POINT OF COMBUSTION OR OTHER
 CONSUMPTION; AND
   (B)  UP-STEAM  FUGITIVE  EMISSIONS  OF  METHANE  RELEASED  DURING  THE
 EXTRACTION,  PROCESSING, REFINING, TRANSPORT, OR DISTRIBUTION OF NATURAL
 GAS PRODUCTS AND PETROLEUM PRODUCTS BEFORE THE POINT OF  CONSUMPTION  IN
 NEW YORK.
   3.  THE  COMMISSIONER  OF ENVIRONMENTAL CONSERVATION, IN COLLABORATION
 WITH THE AUTHORITY, SHALL CALCULATE, FOR VARIOUS SOURCES OF  ELECTRICITY
 CONSUMED IN THE STATE, GREENHOUSE GAS EMISSIONS FACTORS, IN CARBON DIOX-
 IDE EQUIVALENT PER KILOWATT-HOUR, ASSOCIATED WITH THE COMBUSTION OF EACH
 CARBON-BASED  FUEL IDENTIFIED IN THIS ARTICLE FOR THE PURPOSES OF GENER-
 ATING ELECTRICITY. THIS CALCULATION SHOULD TAKE INTO  ACCOUNT  THE  BEST
 AVAILABLE  INFORMATION  AND SCIENCE REGARDING POWER PLANT HEAT RATES AND
 OTHER OPERATIONAL  PARAMETERS  THAT  MAY  DETERMINE  EFFICIENCY  IN  THE
 CONVERSION  OF  THERMAL  ENERGY  TO  ELECTRICAL ENERGY. THE C02E OF EACH
 KILOWATT-HOUR OF ELECTRICITY DELIVERED IN THE STATE SHALL BE  DETERMINED
 BY  TAKING  THE WEIGHTED AVERAGE OF THE COAL, PETROLEUM PRODUCT, NATURAL
 GAS, MUNICIPAL SOLID WASTE (OR ANY OTHER FEEDSTOCKS USED  FOR  WASTE-TO-
 ENERGY CONSERVATIONS), OR BIOMASS PORTIONS OF THE FUEL MIX AND MULTIPLY-
 ING  EACH  OF  THOSE PORTIONS SEPARATELY BY THE AMOUNT OF CARBON DIOXIDE
 EQUIVALENT EMISSIONS CREATED PER KILOWATT-HOUR OF  ELECTRICITY  PRODUCED
 BY  EACH  SUCH  FUEL.  THE  CALCULATION  OF EMISSIONS FACTORS UNDER THIS
 SUBDIVISION SHALL TAKE INTO ACCOUNT  ALL  ELECTRICITY  CONSUMED  IN  THE
 STATE, WHICH SHALL INCLUDE ANY ELECTRICITY PRODUCED WITHIN THE STATE AND
 OUTSIDE OF THE STATE.
   §  3044.  EXEMPTIONS  AND  DEDUCTIONS.    1. THE OWNER OF ANY ELECTRIC
 GENERATING FACILITY THAT IS COVERED BY THE CO2 BUDGET TRADING PROGRAM (6
 NYCRR PART 242) ESTABLISHED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVA-
 TION SHALL BE ENTITLED TO DEDUCT FROM THE FEE IMPOSED BY THIS ARTICLE AN
 AMOUNT EQUAL TO THE AMOUNT IT PAID TO PURCHASE CO2 EMISSION ALLOWANCE TO
 COMPLY WITH THE CO2 BUDGET TRADING PROGRAM; PROVIDED, HOWEVER, THAT  THE
 AMOUNT SO DEDUCTED MAY BE NO GREATER THAN THE TOTAL AMOUNT OF THE FEE AS
 CALCULATED IN THIS ARTICLE.
   2. ANY APPLICABLE ENTITY SUBJECT TO A FEE UNDER THIS ARTICLE, SHALL BE
 ENTITLED  TO DEDUCT FROM THE FEE IMPOSED BY THIS ARTICLE AN AMOUNT EQUAL
 TO THE AMOUNT IT PAID FOR THE SAME YEAR ON ACCOUNT OF A FEDERAL  LAW  OR
 REGULATION THAT IMPOSES A DIRECT PRICE (INCLUDING THROUGH CAP-AND-TRADE,

 S. 4264--A                         67
 
 OR  A  CARBON  TAX  OR CARBON FEE MECHANISMS) ON THE SAME GREENHOUSE GAS
 EMISSIONS FROM CARBON-BASED FUELS; PROVIDED, HOWEVER, THAT THE AMOUNT SO
 DEDUCTED MAY BE NO GREATER THAN THE TOTAL AMOUNT OF THE  FEE  AS  CALCU-
 LATED IN THIS ARTICLE.
   3.  THE  AUTHORITY,  IN  PARTNERSHIP WITH THE COMMISSIONER OF ENVIRON-
 MENTAL CONSERVATION, MAY EXEMPT CERTAIN SOURCES OF GREENHOUSE GAS  EMIS-
 SIONS FOUND TO PRODUCE DE MINIMIS QUANTITIES OF SUCH EMISSIONS. IN ORDER
 TO  EXEMPT  SOURCES  OF GREENHOUSE GAS EMISSIONS UNDER THIS SUBDIVISION,
 THE AUTHORITY, IN PARTNERSHIP WITH  THE  COMMISSIONER  OF  ENVIRONMENTAL
 CONSERVATION,  SHALL  FIRST  PROMULGATE  A RULE, OR RULES, OUTLINING THE
 SPECIFIC REQUIREMENTS FOR BEING  CLASSIFIED  AS  A  DE  MINIMIS  SOURCE,
 INCLUDING,  AT A MINIMUM, IDENTIFYING THE QUANTITIES OF GREENHOUSE GASES
 THAT WOULD MAKE A SOURCE A DE MINIMIS SOURCE. IN PROMULGATING SUCH RULE,
 OR RULES, THE  AUTHORITY  SHALL  PROVIDE  MEANINGFUL  OPPORTUNITIES  FOR
 PUBLIC  COMMENT, INCLUDING FROM PERSONS LIVING IN DISADVANTAGED COMMUNI-
 TIES.
   § 3045. EMISSIONS LEAKAGE MITIGATION POLICY.   1. NOT LATER  THAN  ONE
 YEAR  AFTER  THE EFFECTIVE DATE OF THIS ARTICLE, THE AUTHORITY, IN PART-
 NERSHIP WITH THE COMMISSIONERS OF ENVIRONMENTAL CONSERVATION AND  LABOR,
 SHALL  PREPARE  AND APPROVE A SCOPING PLAN OUTLINING RECOMMENDATIONS FOR
 POLICY MEASURES TO REDUCE EMISSIONS LEAKAGE ASSOCIATED WITH  THE  IMPLE-
 MENTATION OF THIS ARTICLE.
   (A) THE DRAFT SCOPING PLAN SHALL BE DEVELOPED IN CONSULTATION WITH THE
 WORKING GROUP AND OTHER STAKEHOLDERS.
   (B)  THE  AUTHORITY  SHALL PROVIDE MEANINGFUL OPPORTUNITIES FOR PUBLIC
 COMMENT FROM ALL PERSONS WHO WILL BE IMPACTED  BY  THE  PLAN,  INCLUDING
 PERSONS  WORKING  IN  ENERGY  INTENSIVE AND TRADE EXPOSED INDUSTRIES AND
 PERSONS LIVING IN DISADVANTAGED COMMUNITIES.
   (C) THE MEASURES AND ACTIONS CONSIDERED IN SUCH SCOPING PLAN SHALL  AT
 A MINIMUM INCLUDE:
   (I) IMPOSING A BORDER CARBON ADJUSTMENT FEE;
   (II)  THE  IMPLEMENTATION OF A BORDER CARBON ADJUSTMENT FOR VULNERABLE
 INDUSTRIES AND COMPANIES;
   (III) THE IMPLEMENTATION  OF  AN  OUTPUT-BASED  CARBON  POLLUTION  FEE
 REBATE PROGRAM FOR VULNERABLE INDUSTRIES AND COMPANIES;
   (IV)  QUANTITATIVE  METHODS  FOR  DESIGNATING VULNERABLE INDUSTRIES OR
 COMPANIES, SUCH AS ENERGY INTENSIVE AND TRADE EXPOSED INDUSTRIES; AND
   (V) POLICIES FOR MITIGATING  ANY  IMPACTS  TO  CONSUMERS  AND  WORKERS
 CAUSED  BY  THE IMPLEMENTATION OF POLICIES UNDER THIS SECTION, INCLUDING
 THROUGH THE USE OF REVENUES FROM A POSSIBLE BORDER CARBON ADJUSTMENT FEE
 FOR REDUCING SUCH IMPACTS.
   (D) NOT LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS  ARTICLE,
 THE  AUTHORITY  SHALL SUBMIT THE FINAL SCOPING PLAN TO THE GOVERNOR, THE
 SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF  THE  SENATE  AND
 POST SUCH PLAN ON ITS WEBSITE.
   2.  NOT LATER THAN TWO YEARS AFTER THE EFFECTIVE DATE OF THIS ARTICLE,
 THE AUTHORITY, AFTER PUBLIC WORKSHOPS AND CONSULTATION WITH THE  WORKING
 GROUP,  REPRESENTATIVES  OF  REGULATED ENTITIES, AND OTHER STAKEHOLDERS,
 SHALL, AFTER NO LESS THAN TWO  PUBLIC  HEARINGS,  PROMULGATE  RULES  AND
 REGULATIONS TO IMPLEMENT A POLICY TO REDUCE EMISSIONS LEAKAGE ASSOCIATED
 WITH THE IMPLEMENTATION OF THIS ARTICLE.
   (A) THE REGULATIONS PROMULGATED MAY INCLUDE:
   (I) A BORDER CARBON ADJUSTMENT FEE FOR VULNERABLE TRADE EXPOSED ENERGY
 INTENSIVE INDUSTRIES AND COMPANIES TO REDUCE EMISSIONS;
   (II)  AN  OUTPUT-BASED  CARBON  POLLUTION  FEE  AND REBATE PROGRAM FOR
 VULNERABLE INDUSTRIES AND COMPANIES;

 S. 4264--A                         68
 
   (III) QUANTITATIVE METHODS FOR DESIGNATING  VULNERABLE  INDUSTRIES  OR
 COMPANIES, SUCH AS ENERGY INTENSIVE AND TRADE EXPOSED INDUSTRIES; AND
   (IV)  POLICIES  FOR  MITIGATING  ANY  IMPACTS TO CONSUMERS AND WORKERS
 CAUSED BY THE IMPLEMENTATION OF POLICIES UNDER THIS  SECTION,  INCLUDING
 THROUGH THE USE OF REVENUES FROM A POSSIBLE BORDER CARBON ADJUSTMENT FEE
 FOR REDUCING SUCH IMPACTS.
   (B) IN PROMULGATING THESE REGULATIONS, THE AUTHORITY SHALL:
   (I)  DESIGN AND IMPLEMENT ALL REGULATIONS IN A MANNER THAT SEEKS TO BE
 EQUITABLE, TO MINIMIZE COSTS AND TO MAXIMIZE THE TOTAL BENEFITS  TO  NEW
 YORK STATE;
   (II)  ENSURE THAT ACTIVITIES UNDERTAKEN TO COMPLY WITH THE REGULATIONS
 DO NOT DISPROPORTIONATELY BURDEN DISADVANTAGED COMMUNITIES; AND
   (III) MINIMIZE EMISSIONS LEAKAGE.
   3. ANY FUNDS COLLECTED PURSUANT TO A POLICY ARISING FROM THIS  SECTION
 SHALL  BE  APPROPRIATED  BY  THE  AUTHORITY  PURSUANT  TO  THE  MANDATED
 PROPORTIONS IN SECTION THREE THOUSAND FORTY-SIX OF THIS ARTICLE.
   § 3046. CREATION OF FUNDS WITHIN THE AUTHORITY. 1. (A)  WITHIN  NINETY
 DAYS  FOLLOWING THE EFFECTIVE DATE OF THIS ARTICLE, THE COMMISSIONER, IN
 COORDINATION WITH THE COMPTROLLER, SHALL ESTABLISH  A  FUND  WITHIN  THE
 AUTHORITY  TO BE KNOWN AS THE "COMMUNITY JUST TRANSITION FUND", CONSIST-
 ING OF SUCH AMOUNTS AS MAY BE APPROPRIATED OR CREDITED TO SUCH FUND  AND
 THIRTY-THREE  PERCENT OF THE TOTAL AMOUNT OF FEES RECEIVED UNDER SECTION
 THREE THOUSAND FORTY OF THIS ARTICLE DURING SUCH YEAR.
   (B) THE COMMUNITY JUST TRANSITION FUND SHALL BE  ADMINISTERED  BY  THE
 AUTHORITY FOR THE PURPOSES ENUMERATED IN THIS ACT.
   2.  (A)  WITHIN NINETY DAYS FOLLOWING THE EFFECTIVE DATE OF THIS ARTI-
 CLE, THE COMMISSIONER,  IN  COORDINATION  WITH  THE  COMPTROLLER,  SHALL
 ESTABLISH  A  FUND WITHIN THE AUTHORITY TO BE KNOWN AS THE "CLIMATE JOBS
 AND INFRASTRUCTURE FUND", CONSISTING OF SUCH AMOUNTS AS MAY BE APPROPRI-
 ATED OR CREDITED TO SUCH FUND AND THIRTY PERCENT OF THE TOTAL AMOUNT  OF
 FEES  RECEIVED UNDER SECTION THREE THOUSAND FORTY OF THIS ARTICLE DURING
 SUCH YEAR.
   (B) THE CLIMATE JOBS AND INFRASTRUCTURE FUND SHALL BE ADMINISTERED  BY
 THE AUTHORITY FOR THE PURPOSES ENUMERATED IN THIS ACT.
   3.  (A)  WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS ARTICLE, THE
 COMMISSIONER, IN COORDINATION WITH THE COMPTROLLER,  SHALL  ESTABLISH  A
 FUND WITHIN THE AUTHORITY TO BE KNOWN AS THE "LOW-INCOME AND SMALL BUSI-
 NESS  AND  HOUSEHOLD  ENERGY REBATE FUND", CONSISTING OF SUCH AMOUNTS AS
 MAY BE APPROPRIATED OR CREDITED TO SUCH FUND AND THIRTY PERCENT  OF  THE
 TOTAL AMOUNT OF FEES RECEIVED UNDER SECTION THREE THOUSAND FORTY OF THIS
 ARTICLE DURING SUCH YEAR.
   (B) THE LOW-INCOME AND SMALL BUSINESS AND HOUSEHOLD ENERGY REBATE FUND
 SHALL  BE  ADMINISTRATED BY THE AUTHORITY FOR THE PURPOSES ENUMERATED IN
 THIS ACT.
   4. (A) WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS  ARTICLE,  THE
 COMMISSIONER,  IN  COORDINATION  WITH THE COMPTROLLER, SHALL ESTABLISH A
 FUND WITHIN THE AUTHORITY TO BE  KNOWN  AS  THE  "WORKER  AND  COMMUNITY
 ASSURANCE  FUND",  CONSISTING  OF SUCH AMOUNTS AS MAY BE APPROPRIATED OR
 CREDITED TO SUCH FUND AS FOLLOWS:
   (I) IN THE FIRST FISCAL YEAR IN WHICH ANY FEES UNDER THIS ARTICLE  ARE
 COLLECTED,  NO  LESS  THAN  FIVE HUNDRED MILLION DOLLARS SHALL BE TRANS-
 FERRED TO THE WORKER AND COMMUNITY ASSURANCE FUND; AND
   (II) SEVEN PERCENT OF THE TOTAL AMOUNT OF FEES RECEIVED UNDER  SECTION
 THREE THOUSAND FORTY DURING SUCH YEAR.
   (B)  THE WORKER AND COMMUNITY ASSURANCE TRUST SHALL BE ADMINISTERED BY
 THE AUTHORITY FOR THE PURPOSES ENUMERATED IN THIS ACT.

 S. 4264--A                         69
 
   5. NO PROCEEDS RECEIVED THROUGH THE IMPLEMENTATION OF THE  FEE  ESTAB-
 LISHED UNDER THIS ARTICLE SHALL FUND GOVERNMENT OPERATIONS OF THE STATE,
 OTHER  THAN  TO  PAY FOR REASONABLE ADMINISTRATIVE COSTS ASSOCIATED WITH
 IMPLEMENTING THE CLIMATE AND COMMUNITY INVESTMENT ACT.
   6.  NO  PROCEEDS RECEIVED THROUGH THE IMPLEMENTATION OF THE FEE ESTAB-
 LISHED UNDER THIS ARTICLE SHALL FUND POLICE, PRISONS OR RELATED  INFRAS-
 TRUCTURE.
   §  3047. REPORTING.  1. NO LATER THAN THREE YEARS FOLLOWING THE EFFEC-
 TIVE DATE OF THIS ARTICLE, AND EVERY TWO YEARS THEREAFTER, THE  AUTHORI-
 TY,  IN  PARTNERSHIP  WITH THE NEW YORK COMPTROLLER, THE COMMISSIONER OF
 ENVIRONMENTAL CONSERVATION AND THE NEW YORK STATE  ENERGY  RESEARCH  AND
 DEVELOPMENT  AUTHORITY,  SHALL PRODUCE A REPORT ON THE IMPLEMENTATION OF
 THIS ARTICLE. SUCH REPORT SHALL INCLUDE BUT NOT BE LIMITED TO:
   (A) THE TOTAL ANNUAL REVENUES ASSOCIATED WITH  THE  IMPLEMENTATION  OF
 THIS ARTICLE;
   (B) THE EFFECTIVENESS OF THE FEE ESTABLISHED UNDER SECTION THREE THOU-
 SAND FORTY OF THIS ARTICLE TO REDUCE GREENHOUSE GAS EMISSIONS STATEWIDE,
 INCLUDING  AN  ANALYSIS  OF REDUCTIONS BY GEOGRAPHIC SUBDIVISIONS OF THE
 STATE;
   (C) THE AMOUNT OF ESTIMATED EMISSIONS LEAKAGE THAT MAY BE OCCURRING IN
 CORRELATION WITH THE IMPLEMENTATION OF THE FEE ESTABLISHED UNDER SECTION
 THREE THOUSAND FORTY OF THIS ARTICLE, THE EFFECTIVENESS OF ANY  POLICIES
 THAT HAVE BEEN IMPLEMENTED TO ADDRESS EMISSIONS LEAKAGE, AND RECOMMENDA-
 TIONS FOR IMPROVING POLICIES TO MITIGATE EMISSIONS LEAKAGE;
   (D)  AN  OVERVIEW  OF SOCIAL BENEFITS FROM THE FEES AND OTHER POLICIES
 ESTABLISHED PURSUANT TO THIS ARTICLE, INCLUDING BENEFITS TO THE ECONOMY,
 ENVIRONMENT, AND PUBLIC HEALTH, INCLUDING THE HEALTH OF WOMEN, YOUTH AND
 CHILDREN;
   (E) AN OVERVIEW OF THE DISTRIBUTION OF COSTS AND BENEFITS OF THE POLI-
 CIES PROMULGATED UNDER THIS ARTICLE, ACROSS  DIFFERENT  COMMUNITIES  AND
 SECTORS OF THE STATE ECONOMY;
   (F) AN OVERVIEW OF COMPLIANCE COSTS FOR REGULATED ENTITIES;
   (G)  AN  OVERVIEW  OF ADMINISTRATIVE COSTS FOR THE AUTHORITY AND OTHER
 STATE AGENCIES; AND
   (H) RECOMMENDATIONS FOR FUTURE REGULATORY AND POLICY ACTION,  AND,  IN
 GENERAL, PERTAINING TO MEASURES FOR REDUCING GREENHOUSE EMISSIONS IN THE
 STATE.
   2.  BEFORE  FINALIZING THE REPORT DESCRIBED IN SUBDIVISION ONE OF THIS
 SECTION, THE AUTHORITY SHALL ENSURE THAT THERE ARE  MEANINGFUL  OPPORTU-
 NITIES FOR PUBLIC PARTICIPATION, INCLUDING BY:
   (A)  ALLOWING  AT  LEAST ONE HUNDRED TWENTY DAYS FOR THE SUBMISSION OF
 PUBLIC COMMENT, FOLLOWING THE DATE OF THE PUBLICATION OF A DRAFT REPORT;
 AND
   (B) HOLDING AT LEAST FOUR  REGIONAL  PUBLIC  HEARINGS,  INCLUDING  TWO
 MEETINGS IN THE UPSTATE REGION AND TWO MEETINGS IN THE DOWNSTATE REGION,
 WITH  EMPHASIS ON MAXIMIZING PARTICIPATION AND ACCESSIBILITY FOR MEMBERS
 OF DISADVANTAGED COMMUNITIES.
   3. THE FINAL REPORT SHALL BE SUBMITTED TO THE GOVERNOR, THE  TEMPORARY
 PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEAD-
 ER  OF  THE SENATE AND THE MINORITY LEADER OF THE ASSEMBLY, AND SHALL BE
 POSTED ON THE WEBSITE OF THE AUTHORITY.
                                ARTICLE 43
                HOUSEHOLD AND SMALL BUSINESS ENERGY REBATE
 SECTION 3050. DEFINITIONS.
         3051. ESTABLISHMENT OF THE HOUSEHOLD AND SMALL  BUSINESS  ENERGY
                 REBATE PROGRAM.

 S. 4264--A                         70
 
         3052. ADMINISTRATION BY THE AUTHORITY.
         3053. ALLOCATION OF FUNDS.
         3054. QUALIFYING HOUSEHOLDS.
         3055. REBATE AMOUNT AND REPORT.
         3056. DELIVERY OF FUNDS.
         3057. REASSESSMENT OF ALLOCATIONS.
         3058. SMALL BUSINESS TAX CREDIT.
         3059. PUBLIC SERVICE COMMISSION INVESTIGATION.
   §  3050.  DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "AUTHORITY" SHALL MEAN THE COMMUNITY AND CLIMATE INVESTMENT AUTHOR-
 ITY.
   2. "COMMISSIONER" MEANS THE COMMISSIONER OF TAXATION AND FINANCE.
   3. "DEPARTMENT" MEANS THE DEPARTMENT OF TAXATION AND FINANCE.
   4. "ELIGIBLE LOW-INCOME HOUSEHOLD" MEANS,  WITH  RESPECT  TO  A  GIVEN
 CALENDAR  YEAR,  ANY HOUSEHOLD IN NEW YORK STATE WHOSE GROSS INCOME DOES
 NOT EXCEED ONE HUNDRED FIFTY PERCENT OF THE POVERTY LINE, REGARDLESS  OF
 CITIZENSHIP OR TERM OF INSURANCE.
   5. "ELIGIBLE MODERATE-INCOME HOUSEHOLD" MEANS, WITH RESPECT TO A GIVEN
 CALENDAR  YEAR,  ANY  HOUSEHOLD  IN  NEW  YORK  STATE WHOSE GROSS INCOME
 EXCEEDS ONE HUNDRED FIFTY PERCENT OF THE  POVERTY  LINE,  BUT  DOES  NOT
 EXCEED  THE MEDIAN HOUSEHOLD INCOME FOR THE COUNTY IN WHICH THEY RESIDE,
 REGARDLESS OF CITIZENSHIP OR TERM OF INSURANCE.
   6. "ELIGIBLE SMALL BUSINESS" MEANS A BUSINESS,  COOPERATIVE,  OR  NOT-
 FOR-PROFIT  CORPORATION  WHICH  IS  RESIDENT  IN THIS STATE, AND EMPLOYS
 FIFTY OR LESS  PERSONS  (INCLUDING  A  SOLO  PROPRIETORSHIP),  AND  WITH
 RESPECT TO BUSINESSES, IS INDEPENDENTLY OWNED AND OPERATED AND NOT DOMI-
 NANT IN ITS FIELD.
   7.  "FUND"  OR  "REBATE  FUND"  MEANS THE HOUSEHOLD AND SMALL BUSINESS
 ENERGY REBATE FUND ESTABLISHED UNDER SUBDIVISION THREE OF SECTION  THREE
 THOUSAND FORTY-SIX OF THIS CHAPTER.
   8.  "POVERTY LINE" SHALL HAVE THE SAME MEANING AS IN SECTION 673(2) OF
 THE FEDERAL COMMUNITY SERVICES BLOCK GRANT ACT (46 USC SECTION 9902).
   9. "PROGRAM" MEANS THE HOUSEHOLD  AND  SMALL  BUSINESS  ENERGY  REBATE
 PROGRAM ESTABLISHED UNDER THIS ARTICLE.
   10.  "WORKING  GROUP"  MEANS THE CLIMATE JUSTICE WORKING GROUP CREATED
 PURSUANT TO SECTION 75-0111 OF THE ENVIRONMENTAL CONSERVATION LAW.
   § 3051. ESTABLISHMENT OF  THE  HOUSEHOLD  AND  SMALL  BUSINESS  ENERGY
 REBATE  PROGRAM.  THERE  IS HEREBY ESTABLISHED WITHIN THE AUTHORITY, THE
 "HOUSEHOLD AND SMALL BUSINESS ENERGY REBATE PROGRAM".  THE  PURPOSES  OF
 THE PROGRAM INCLUDE:
   1.  DISBURSEMENT OF FUNDS FROM THE HOUSEHOLD AND SMALL BUSINESS ENERGY
 REBATE FUND; FOR THE BENEFIT OF  THE  MOST  VULNERABLE  POPULATIONS,  TO
 OFFSET  THE  INCREASED COST OF LIVING ASSOCIATED WITH THE IMPLEMENTATION
 OF THE CLIMATE POLLUTION FEE CREATED PURSUANT TO  ARTICLE  FORTY-TWO  OF
 THIS  CHAPTER  AND  OTHER REGULATORY MEASURES ESTABLISHED AS PART OF THE
 STATE'S CLIMATE MITIGATION EFFORTS; AND
   2. REDUCING THE ALREADY SEVERE ENERGY BURDEN ON LOW- AND  MODERATE-IN-
 COME FAMILIES.
   §  3052.  ADMINISTRATION  BY  THE  AUTHORITY. WITHIN SIX MONTHS OF THE
 EFFECTIVE DATE OF THIS ARTICLE, THE AUTHORITY IS HEREBY  AUTHORIZED  AND
 DIRECTED  TO  ESTABLISH  AND  OPERATE  THE  PROGRAM. THE AUTHORITY SHALL
 IMPLEMENT THE PROGRAM IN CONSULTATION WITH THE OFFICE OF  TEMPORARY  AND
 DISABILITY  ASSISTANCE  AND  THE  DEPARTMENTS  OF  HEALTH AND LABOR. THE
 AUTHORITY SHALL BE AUTHORIZED AND DIRECTED TO: USE MONIES MADE AVAILABLE
 FOR THE PROGRAM PURSUANT TO ARTICLE FORTY-TWO OF THIS CHAPTER TO ACHIEVE

 S. 4264--A                         71
 
 THE PURPOSES OF THE PROGRAM; AND  EXERCISE  SUCH  OTHER  POWERS  AS  ARE
 NECESSARY FOR THE PROPER ADMINISTRATION OF SUCH PROGRAM, INCLUDING ISSU-
 ING RULES AND REGULATIONS CONSISTENT WITH THIS ARTICLE.
   §  3053. ALLOCATION OF FUNDS. FUNDS FROM THE HOUSEHOLD AND SMALL BUSI-
 NESS ENERGY REBATE FUND SHALL BE DISBURSED UNDER THE PROGRAM TO ELIGIBLE
 HOUSEHOLDS AND SMALL BUSINESSES. THE AUTHORITY SHALL  COLLECT  AND  THEN
 DISTRIBUTE  DIRECTLY  TO  ELIGIBLE HOUSEHOLDS THE ENTIRE AMOUNT OF FUNDS
 DEDICATED TO THE REBATE FUND. ELIGIBLE HOUSEHOLDS SHALL BE NOTIFIED THAT
 THEY ARE AUTOMATICALLY BEING ENROLLED BASED ON THEIR TAX  FILING  STATUS
 OR  RECEIPT  OF PUBLIC BENEFITS. THE AUTHORITY, IN COORDINATION WITH THE
 COMMISSIONER, THE PUBLIC SERVICE COMMISSION, THE NEW YORK  STATE  OFFICE
 OF  TEMPORARY  AND  DISABILITY ASSISTANCE, AND THE DEPARTMENT, WILL MAKE
 DETERMINATIONS AS TO WHICH HOUSEHOLDS AND SMALL BUSINESSES ARE  ELIGIBLE
 FOR  THE REBATE AND ESTABLISH AN APPEALS PROCESS WITHIN THE AUTHORITY AS
 TO SUCH DETERMINATIONS. THE AUTHORITY SHALL ALSO ESTABLISH  AN  OPPORTU-
 NITY  FOR INDIVIDUAL RESIDENTS OF THE STATE WHO ARE NOT REQUIRED TO FILE
 INCOME TAXES TO APPLY FOR REBATES UNDER THIS ARTICLE.
   § 3054. QUALIFYING HOUSEHOLDS. A REBATE WILL BE AVAILABLE TO  ELIGIBLE
 LOW-INCOME HOUSEHOLDS, MODERATE INCOME HOUSEHOLDS, AND ADDITIONAL HOUSE-
 HOLDS,  PROVIDED  THAT REBATES SHALL ONLY BE PROVIDED TO SUCH ADDITIONAL
 HOUSEHOLDS UPON A DETERMINATION BY THE AUTHORITY THAT THERE ARE ADEQUATE
 FUNDS. NOTWITHSTANDING THE  PRECEDING  SENTENCE,  THE  REBATE  SHALL  BE
 AVAILABLE  TO  A  MAXIMUM OF SIXTY PERCENT OF THE HOUSEHOLDS IN NEW YORK
 STATE.  HOUSEHOLDS SHALL QUALIFY REGARDLESS OF CITIZENSHIP. THE AUTHORI-
 TY WILL COOPERATE WITH THE DEPARTMENT AND THE OFFICE  OF  TEMPORARY  AND
 DISABILITY  ASSISTANCE  TO  IDENTIFY  HOUSEHOLDS  AND  PLACE THEM IN THE
 FOLLOWING FOUR HOUSEHOLD CATEGORIES:
   1. ELIGIBLE MODERATE-INCOME HOUSEHOLDS CONTAINING NEW YORK CITY  RESI-
 DENTS;
   2.  ELIGIBLE  LOW-INCOME HOUSEHOLDS CONTAINING NEW YORK CITY RESIDENTS
 IN WHICH THE HOUSEHOLD INCOME IS BELOW ONE HUNDRED FIFTY PERCENT OF  THE
 POVERTY LINE OR WHO ARE RECEIVING ANY MEANS-TESTED GOVERNMENT ASSISTANCE
 AIMED AT LOW-INCOME INDIVIDUALS OR HOUSEHOLDS;
   3. ELIGIBLE MODERATE-INCOME HOUSEHOLDS CONTAINING RESIDENTS OUTSIDE OF
 NEW YORK CITY; AND
   4.  ELIGIBLE LOW-INCOME HOUSEHOLDS CONTAINING RESIDENTS OUTSIDE OF NEW
 YORK CITY WITH A HOUSEHOLD INCOME BELOW ONE HUNDRED FIFTY PERCENT OF THE
 POVERTY  LINE  OR  RECEIVING  ANY  MEANS-TESTED  GOVERNMENT   ASSISTANCE
 PROGRAMS AIMED AT LOW-INCOME INDIVIDUALS OR HOUSEHOLDS.
   §  3055.  REBATE  AMOUNT AND REPORT. 1. THE AUTHORITY, IN CONSULTATION
 WITH THE WORKING GROUP, SHALL DETERMINE THE APPROPRIATE  AMOUNT  OF  THE
 REBATE,  CONSISTENT  WITH THE STANDARDS SET FORTH IN THIS SECTION.  EACH
 ELIGIBLE HOUSEHOLD WILL RECEIVE A SHARE OF THE  TOTAL  ALLOCATED  REBATE
 FUNDS SO THAT:
   (A)  ALL  ELIGIBLE  HOUSEHOLDS IN NEW YORK CITY SHALL RECEIVE THE SAME
 AMOUNT,
   (B) ALL ELIGIBLE HOUSEHOLDS OUTSIDE OF NEW YORK CITY SHALL RECEIVE THE
 SAME AMOUNT AND THAT AMOUNT SHALL BE AT LEAST FIFTY  PERCENT  MORE  THAN
 THE REBATE AMOUNT APPLICABLE TO NEW YORK CITY HOUSEHOLDS, AND
   (C)  THE  TOTAL AMOUNT PROVIDED FOR REBATES MUST NOT EXCEED THE ANNUAL
 REVENUE IN THE REBATE FUND.
   2. THE AUTHORITY SHALL ANNUALLY ASSESS AND REPORT TO  THE  LEGISLATURE
 AND  THE  GOVERNOR  AT  LEAST  THE  FOLLOWING INFORMATION: THE NUMBER OF
 HOUSEHOLDS IN EACH REBATE CATEGORY IN SECTION THREE THOUSAND  FIFTY-FOUR
 OF THIS ARTICLE; THE NUMBER OF HOUSEHOLDS WHO SELECT EACH DELIVERY MECH-

 S. 4264--A                         72
 
 ANISM SET FORTH IN SECTION THREE THOUSAND FIFTY-SIX OF THIS ARTICLE; AND
 HOW THE NUMBER OF HOUSEHOLDS COMPARE TO:
   (A) THE INCREMENTAL INCREASE IN THE COST OF LIVING ASSOCIATED WITH THE
 IMPLEMENTATION  OF  THE FEE ESTABLISHED PURSUANT TO ARTICLE FORTY-TWO OF
 THIS CHAPTER AND OTHER REGULATORY  MEASURES  ESTABLISHED  UNDER  ARTICLE
 FORTY-TWO OF THIS CHAPTER;
   (B)  OTHER  ESTIMATED  INCREASES IN THE COST OF LIVING ASSOCIATED WITH
 THE TRANSITION TO A LOW-CARBON ECONOMY; AND
   (C) EXISTING ENERGY BURDENS.
   § 3056. DELIVERY OF FUNDS. 1. THE AUTHORITY, IN PARTNERSHIP  WITH  THE
 WORKING  GROUP,  THE  DEPARTMENT,  THE PUBLIC SERVICE COMMISSION AND THE
 OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE SHALL DETERMINE  APPROPRI-
 ATE  MECHANISMS FOR DELIVERING REBATES UNDER THIS ARTICLE. THESE DEPART-
 MENTS SHALL WITHIN THE BOUNDS OF THE LAW SHARE NECESSARY  EXPERTISE  AND
 DATA.  THAT MECHANISM SHALL ENSURE THAT:
   (A)  ELIGIBLE MODERATE-INCOME HOUSEHOLDS IN THE FIRST AND THIRD HOUSE-
 HOLD CATEGORIES SET FORTH IN SECTION THREE THOUSAND FIFTY-FOUR  OF  THIS
 ARTICLE SHALL RECEIVE A DIRECT PAYMENT REDEEMABLE TAX CREDIT.
   (B)  ELIGIBLE LOW-INCOME HOUSEHOLDS IN THE SECOND AND FOURTH HOUSEHOLD
 CATEGORIES SET FORTH IN SECTION THREE THOUSAND FIFTY-FOUR OF THIS  ARTI-
 CLE  SHALL RECEIVE THEIR REBATE THROUGH MECHANISMS THAT WILL NOT CONSTI-
 TUTE INCOME FOR  PURPOSES  OF  ANY  MEANS-TESTED  GOVERNMENT  ASSISTANCE
 PROGRAMS  THAT  THEY  MAY  BE  RECEIVING.  UNLESS AN ELIGIBLE LOW-INCOME
 HOUSEHOLD OPTS OUT OF SUCH BENEFIT UNDER THIS SECTION, THE BENEFIT SHALL
 BE:
   (I) A TRANSIT VOUCHER FOR USE RECEIVING SERVICES THROUGH THE METROPOL-
 ITAN TRANSPORTATION AUTHORITY, ACCESS-A-RIDE, OR  OTHER  PUBLIC  TRANSIT
 SERVICE  FOR  HOUSEHOLDS  IN THE SECOND HOUSEHOLD CATEGORY UNDER SECTION
 THREE THOUSAND FIFTY-FOUR OF THIS ARTICLE.
   (II) UTILITY ASSISTANCE OR  A  WEATHERIZATION  GRANT  FOR  THE  FOURTH
 HOUSEHOLD CATEGORY UNDER SECTION THREE THOUSAND FIFTY-FOUR OF THIS ARTI-
 CLE.
   (III) ANOTHER FORM THAT COMPLIES WITH THIS SUBDIVISION.
   2.    ALL  QUALIFYING HOUSEHOLDS MAY OPT OUT OF THE DEFAULT OPTION FOR
 DELIVERY OF THE REBATE, AND CAN CHOOSE TO RECEIVE THEIR  BENEFIT  AMOUNT
 IN  THE  FORM  OF ONE OF THE FOLLOWING FOUR OPTIONS: (A) UTILITY ASSIST-
 ANCE; (B) A WEATHERIZATION GRANT; (C) A VOUCHER FOR USE WITH THEIR LOCAL
 TRANSIT AUTHORITY; (D) A REDEEMABLE TAX CREDIT; OR (E) A DIRECT  PAYMENT
 IF THE AUTHORITY OFFERS SUCH OPTION.
   3.  THE  AUTHORITY  SHALL  MAKE REASONABLE EFFORTS TO DELIVER FUNDS AS
 FREQUENTLY AS PRACTICAL, AND TO DISTRIBUTE A PORTION OF  THE  REBATE  AT
 LEAST QUARTERLY.
   §  3057.  REASSESSMENT  OF  ALLOCATIONS.  1. BEGINNING IN TWO THOUSAND
 TWENTY-ONE AND EVERY FIVE YEARS THEREAFTER, THE  AUTHORITY,  IN  COORDI-
 NATION  WITH  THE  DEPARTMENT,  THE  OFFICE  OF TEMPORARY AND DISABILITY
 ASSISTANCE, THE PUBLIC SERVICE COMMISSION, THE  NEW  YORK  STATE  ENERGY
 RESEARCH  AND  DEVELOPMENT AUTHORITY AND THE DEPARTMENT OF ENVIRONMENTAL
 CONSERVATION SHALL PERFORM AN ASSESSMENT,  WHICH  SHALL  INCLUDE,  AT  A
 MINIMUM, THE FOLLOWING INFORMATION: (A) THE STATE-WIDE ENERGY BURDEN FOR
 SMALL  BUSINESSES,  AND  HOUSEHOLDS BY GEOGRAPHY AND INCOME; (B) WHETHER
 SUCH ENERGY BURDEN HAS STAYED LEVEL OR  DECREASED  SINCE  THE  EFFECTIVE
 DATE  OF THIS SECTION; (C) THE UPTAKE OF ENERGY EFFICIENCY AND RENEWABLE
 ENERGY IN EACH INCOME CATEGORY; AND (D) AN ESTIMATED  IMPACT  ON  ENERGY
 BURDEN  OR  ANOTHER  EQUIVALENT  ESTIMATE OF THE PROPORTION OF HOUSEHOLD
 INCOME SPENT ON ENERGY. BASED ON SUCH  INFORMATION  AND  ANY  ADDITIONAL
 INFORMATION  THAT  THE DEPARTMENT DETERMINES IS APPROPRIATE, THE DEPART-

 S. 4264--A                         73
 
 MENT SHALL DETERMINE WHETHER THE PRESENT REBATE AMOUNT IS APPROPRIATE OR
 WHETHER IT IS APPROPRIATE TO REDUCE THE REBATE BENEFIT AMOUNT.
   2.  FOLLOWING  ANY  ASSESSMENT  UNDER  SUBDIVISION ONE OF THIS SECTION
 WHERE THE IMPACT OF THE FEE ESTABLISHED IS FOUND NOT TO INCREASE  HOUSE-
 HOLD  SPENDING,  OR WHERE THE ENERGY BURDEN HAS FALLEN, THE REBATE SHALL
 BE REDUCED BY AT LEAST TEN PERCENT AND THE FUNDS  REALLOCATED  IN  EQUAL
 AMOUNTS  TO  THE  COMMUNITY JUST TRANSITION FUND ESTABLISHED PURSUANT TO
 SUBDIVISION ONE OF SECTION THREE THOUSAND FORTY-SIX OF THIS CHAPTER  AND
 THE  CLIMATE JOBS AND INFRASTRUCTURE FUND ESTABLISHED PURSUANT TO SUBDI-
 VISION TWO OF SUCH SECTION.
   § 3058. SMALL BUSINESS TAX CREDIT. 1. ELIGIBLE SMALL BUSINESSES  SHALL
 RECEIVE  A  REDEEMABLE  TAX CREDIT TO REDUCE ANY INCREMENTAL INCREASE IN
 THE COST OF DOING BUSINESS ASSOCIATED WITH THE IMPLEMENTATION OF THE FEE
 ESTABLISHED PURSUANT TO ARTICLE FORTY-TWO  OF  THIS  CHAPTER  AND  OTHER
 REGULATORY  MEASURES ESTABLISHED UNDER THE CLIMATE AND COMMUNITY INVEST-
 MENT ACT OR THE TRANSITION TO A LOW-CARBON ECONOMY IN NEW YORK STATE.
   2. ANY ELIGIBLE SMALL BUSINESS THAT INCURS ENERGY OR FUEL COSTS IN THE
 COURSE OF ITS BUSINESS, SHALL BE ALLOWED A CREDIT,  TO  BE  COMPUTED  AS
 PROVIDED  IN  SUBDIVISION THREE OF THIS SECTION, AGAINST BUSINESS INCOME
 FOR EACH YEAR THAT THE FEE ESTABLISHED PURSUANT TO ARTICLE FORTY-TWO  OF
 THIS CHAPTER IS COLLECTED.
   3.  THE  CREDIT  AUTHORIZED  BY THIS SECTION SHALL EQUAL THE HIGHER OF
 FIVE HUNDRED DOLLARS A YEAR, OR THE  AMOUNT  COMPUTED  FOR  A  HOUSEHOLD
 REBATE.
   4.  THE  CREDIT  CREATED  UNDER THIS SECTION MAY BE CLAIMED EVEN IF NO
 TAXES ARE OWED BY THE ELIGIBLE SMALL BUSINESS. SUCH CREDIT MAY  BE  USED
 TO REDUCE THE TAX LIABILITY OF THE CREDIT CLAIMANT BELOW ZERO.
   §  3059.  PUBLIC  SERVICE COMMISSION INVESTIGATION. NOT LATER THAN SIX
 MONTHS AFTER THE EFFECTIVE DATE OF  THIS  ARTICLE,  THE  PUBLIC  SERVICE
 COMMISSION  SHALL  ESTABLISH  A  PROCEEDING TO INVESTIGATE, IDENTIFY AND
 MITIGATE ANY INCREASE IN ELECTRIC OR GAS RATES FOR QUALIFYING HOUSEHOLDS
 AND ELIGIBLE SMALL BUSINESSES THAT MAY BE PROJECTED TO ARISE UNDER  THIS
 ARTICLE AND ARTICLE FORTY-TWO OF THIS CHAPTER.
   §  10. Severability. If any word, phrase, clause, sentence, paragraph,
 section, or part of this act shall be adjudged by any court of competent
 jurisdiction to be invalid, such judgement shall not affect, impair,  or
 invalidate the remainder thereof, but shall be confined in its operation
 to the word, phrase, clause, sentence, paragraph, section, or part ther-
 eof  directly  involved in the controversy in which such judgement shall
 have been rendered.
   § 11. If any word, phrase, clause, sentence,  paragraph,  section,  or
 part  of this act shall be adjudged to require the climate and community
 investments authority created under this act to  act  outside  of  their
 legal  powers,  such as engaging in the market beyond activities allowed
 as a market actor, the relevant statutory requirements  will  be  inter-
 preted  so  that the powers and duties herein are enforced to the extent
 allowed by law.
   § 12. This act shall take effect on  the  one  hundred  eightieth  day
 after  it  shall have become a law and shall apply to any grants, loans,
 contracts and financial assistance awarded or renewed on or  after  such
 effective  date.  Effective  immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such date.