S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    279
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 4, 2023
                                ___________
 
 Introduced  by  M.  of A. CARROLL, COLTON, DINOWITZ, KIM, COOK, DICKENS,
   SIMON, STIRPE, CRUZ, L. ROSENTHAL, WEPRIN,  ROZIC,  MAMDANI,  FORREST,
   GALLAGHER,   ANDERSON,  EPSTEIN,  GONZALEZ-ROJAS,  MITAYNES,  JACKSON,
   BURDICK, WALKER, SILLITTI, LAVINE, THIELE,  STECK,  CLARK,  SEAWRIGHT,
   DAVILA,  RAMOS,  BURGOS,  KELLES,  SEPTIMO, GLICK, BURKE, OTIS, DILAN,
   JACOBSON, GIBBS, DE LOS SANTOS, CUNNINGHAM,  REYES,  TAPIA,  ZINERMAN,
   MEEKS,  LUPARDO,  RAJKUMAR,  DARLING -- Multi-Sponsored by -- M. of A.
   HEVESI, HYNDMAN -- read once and referred to the Committee  on  Corpo-
   rations, Authorities and Commissions
 
 AN  ACT to amend the public authorities law, in relation to implementing
   the "New York State Build Public Renewables Act"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "New York State Build Public Renewables Act".
   § 2. Section 1005 of the public authorities law is amended  by  adding
 fourteen  new  subdivisions  30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40,
 41, 42, and 43 to read as follows:
   30. (A) THE AUTHORITY IS AUTHORIZED AND DIRECTED TO PURCHASE, ACQUIRE,
 PLAN, DESIGN, ENGINEER, FINANCE,  CONSTRUCT,  OPERATE,  MANAGE,  IMPROVE
 AND/OR MAINTAIN ANY RENEWABLE ENERGY PROJECT.
   (B)  FOR THE PURPOSES OF THIS SUBDIVISION AND SUBDIVISIONS THIRTY-ONE,
 THIRTY-TWO, THIRTY-THREE, THIRTY-FOUR, THIRTY-FIVE, THIRTY-SIX,  THIRTY-
 SEVEN,   THIRTY-EIGHT,  THIRTY-NINE,  FORTY,  FORTY-ONE,  FORTY-TWO  AND
 FORTY-THREE OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE  FOLLOW-
 ING MEANINGS:
   (I) "RENEWABLE ENERGY" SHALL HAVE THE SAME MEANING AS RENEWABLE ENERGY
 SYSTEMS AS SET FORTH IN SECTION SIXTY-SIX-P OF THE PUBLIC SERVICE LAW.
   (II) "RENEWABLE ENERGY PROJECT" SHALL BE DEFINED AS ALL INFRASTRUCTURE
 WHICH  GENERATES,  STORES,  DISTRIBUTES OR TRANSMITS RENEWABLE ENERGY OR
 THERMAL ENERGY AS DEFINED IN SUBPARAGRAPH (I)  OF  THIS  PARAGRAPH,  AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00338-01-3
              

 A. 279                              2
 
 INCLUDES  THE  CONSTRUCTION,  INSTALLATION AND/OR OPERATION OF ANCILLARY
 FACILITIES OR EQUIPMENT DONE IN CONNECTION WITH ANY SUCH RENEWABLE ENER-
 GY GENERATING PROJECTS, INCLUDING, BUT NOT LIMITED  TO,  ENERGY  STORAGE
 SYSTEMS,  ELECTRIC  VEHICLE  CHARGING  INFRASTRUCTURE  AND OFFSHORE WIND
 SUPPORT AND  INSTALLATION  VESSELS  OWNED  BY  THE  AUTHORITY,  AND  THE
 PRODUCTION, USE, AND SALE OF GREEN HYDROGEN DEFINED AS HYDROGEN PRODUCED
 THROUGH ELECTROLYSIS POWERED USING ONE HUNDRED PERCENT RENEWABLE ENERGY.
   31. WHERE A RENEWABLE ENERGY SITE APPROPRIATE FOR NEW YORK STATE FALLS
 INTO  FEDERAL  JURISDICTION,  THE  AUTHORITY  MAY  PARTICIPATE  IN LEASE
 AUCTIONS IN AN ATTEMPT TO OBTAIN OWNERSHIP OF THAT AREA.
   32. (A) NOTWITHSTANDING ANY OTHER  PROVISION  OF  LAW,  THE  AUTHORITY
 SHALL, ON OR AFTER JANUARY FIRST, TWO THOUSAND THIRTY-ONE, ONLY GENERATE
 RENEWABLE  ENERGY  AND SHALL ONLY PURCHASE, ACQUIRE, PLAN, DESIGN, ENGI-
 NEER, FINANCE, AND CONSTRUCT GENERATION AND TRANSMISSION FACILITIES  FOR
 THE PURPOSE OF GENERATING, STORING, DISTRIBUTING AND TRANSMITTING RENEW-
 ABLE  ENERGY.  THE AUTHORITY SHALL PHASE OUT ITS USE OF EXISTING NON-RE-
 NEWABLE GENERATION NO LATER THAN DECEMBER THIRTIETH, TWO THOUSAND  THIR-
 TY-ONE,  UNLESS  THE  AUTHORITY  PROVIDES  TO  ITS  TRUSTEES,  AND MAKES
 PUBLICLY AVAILABLE, AN ATTESTATION IN WRITING, SIGNED BY THE INDEPENDENT
 SYSTEM OPERATOR AND A REPRESENTATIVE OF THE REGIONAL CLEAN ENERGY HUB IN
 WHICH THE FACILITY IS LOCATED, IDENTIFYING THE EXISTENCE OF A  RELIABIL-
 ITY  NEED.    THE  AUTHORITY  SHALL  WORK WITH THE NEW YORK STATE ENERGY
 RESEARCH AND DEVELOPMENT AUTHORITY TO PROVIDE ANY FUNDING NECESSARY  FOR
 A  REGIONAL  CLEAN ENERGY HUB TO MEET THE NEEDS OF THIS SUBDIVISION. THE
 AUTHORITY, IN CONSULTATION WITH THE INDEPENDENT SYSTEM  OPERATOR,  SHALL
 ENSURE  THAT THE PHASE OUT OF ITS EXISTING NON-RENEWABLE GENERATION DOES
 NOT LEAD TO AN INCREASE IN THE DELIVERY  OF  OUT-OF-STATE  NON-RENEWABLE
 GENERATION  INTO  THE  NEW YORK STATE ELECTRIC GRID. FOR THE PURPOSES OF
 THIS SUBDIVISION, A "RELIABILITY NEED" MEANS AN ELECTRICITY SYSTEM NEED,
 WHICH IF UNMET, WOULD RESULT IN A VIOLATION OF THE ELECTRIC POWER SYSTEM
 PLANNING AND OPERATING POLICIES, STANDARDS, CRITERIA, GUIDELINES, PROCE-
 DURES, AND RULES PROMULGATED BY THE NORTH AMERICAN ELECTRIC  RELIABILITY
 CORPORATION ("NERC"), NORTHEAST POWER COORDINATING COUNCIL ("NPCC"), AND
 THE NEW YORK STATE RELIABILITY COUNCIL ("NYSRC"), AS THEY MAY BE AMENDED
 FROM TIME TO TIME.
   (B)  THE  AUTHORITY  SHALL  PRIORITIZE  FUNDING, SITING, BUILDING, AND
 OWNING RENEWABLE ENERGY PROJECTS WHICH: (I) ACTIVELY  BENEFIT  DISADVAN-
 TAGED  COMMUNITIES AS DEFINED BY THE CLIMATE JUSTICE WORKING GROUP; (II)
 MINIMIZE HARM TO WILDLIFE, ECOSYSTEMS, PUBLIC HEALTH, AND PUBLIC SAFETY;
 (III) DO NOT VIOLATE INDIGENOUS RIGHTS OR SOVEREIGNTY;  AND  (IV)  WHICH
 ARE THE MOST COST-EFFECTIVE TO THE STATE ACCORDING TO THE BEST AVAILABLE
 COST  MODELING  RESEARCH.  THE  TYPES  OF  RENEWABLE ENERGY PROJECTS THE
 AUTHORITY BUILDS SHALL BE DETERMINED  AND  PRIORITIZED  IN  CONSULTATION
 WITH  AFFECTED LABOR UNIONS AND COMMUNITY ORGANIZATIONS VIA THE NEW YORK
 STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY'S REGIONAL CLEAN  ENERGY
 HUBS.
   33.  (A)  WITHIN  TWO YEARS OF THE EFFECTIVE DATE OF THIS SUBDIVISION,
 THE AUTHORITY SHALL MAKE PUBLIC A TEN-YEAR CLIMATE AND RESILIENCY  PLAN.
 SUCH  CLIMATE AND RESILIENCY PLAN SHALL BE DESIGNED TO MINIMIZE COSTS TO
 RATEPAYERS, WHILE BALANCING THE INTERESTS OF EMPLOYEES, GRID RELIABILITY
 AND RESILIENCY, DISADVANTAGED COMMUNITIES  AS  DEFINED  BY  THE  CLIMATE
 JUSTICE WORKING GROUP, AND THE ENVIRONMENT. SUCH PLAN SHALL BE DEVELOPED
 IN  CONSULTATION  WITH THE  NEW  YORK STATE INDEPENDENT SYSTEM OPERATOR,
 THE  NEW  YORK  STATE  ENERGY RESEARCH AND  DEVELOPMENT  AUTHORITY,  THE
 NEW  YORK STATE DEPARTMENT OF PUBLIC SERVICE, AND CLIMATE AND RESILIENCY
 EXPERTS, LABOR ORGANIZATIONS, ENVIRONMENTAL JUSTICE  COMMUNITIES,  RESI-
 A. 279                              3
 
 DENTIAL  AND SMALL BUSINESS RATEPAYER ADVOCATES, AND COMMUNITY ORGANIZA-
 TIONS VIA THE  NEW  YORK STATE  ENERGY RESEARCH AND DEVELOPMENT AUTHORI-
 TY'S REGIONAL CLEAN ENERGY HUBS. SUCH RESILIENCY PLAN SHALL OUTLINE  THE
 RENEWABLE ENERGY PROJECTS THE AUTHORITY PLANS TO BUILD, HOW THE AUTHORI-
 TY  PLANS  TO PHASE OUT NON-RENEWABLE ASSETS AND HOW THE AUTHORITY PLANS
 TO COMPLY WITH THE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION  ACT  AND
 THE  RENEWABLE ENERGY TARGETS IN SUBDIVISIONS THIRTY-TWO AND THIRTY-FOUR
 OF THIS SECTION, AND EFFORTS TO IMPROVE ENERGY AND ELECTRIC GRID RESILI-
 ENCY.   THE AUTHORITY SHALL UPDATE  SUCH  PLAN  ANNUALLY,  AFTER  PUBLIC
 COMMENT  AND  A HEARING. SUCH UPDATED PLAN SHALL INCLUDE A REVIEW OF THE
 STATE'S PROGRESS TOWARDS THE RENEWABLE ENERGY GOALS OF THE CLIMATE LEAD-
 ERSHIP AND COMMUNITY PROTECTION ACT. IF THE AUTHORITY,  IN  CONSULTATION
 WITH  THE  NEW  YORK  STATE  ENERGY  RESEARCH AND DEVELOPMENT AUTHORITY,
 DETERMINES THAT THE RENEWABLE ENERGY GOALS OF THE CLIMATE LEADERSHIP AND
 COMMUNITY PROTECTION ACT ARE NOT LIKELY TO BE MET WITHIN  THE  TIMEFRAME
 ESTABLISHED  BY THE LAW, THE AUTHORITY SHALL INCLUDE IN THE UPDATED PLAN
 THE RENEWABLE ENERGY PROJECTS IT PLANS TO  BUILD  TO  ENSURE  THE  STATE
 MEETS SUCH GOALS, INCLUDING THE PERMIT APPLICATIONS SUBMITTED, THE STAGE
 OF  EACH  PROJECT  IN  THE  DEVELOPMENT  PROCESS, WHEN SUCH PROJECTS ARE
 EXPECTED TO BE COMMISSIONED, AND ANY BARRIERS TO DEPLOYMENT  EXPERIENCED
 BY  THE AUTHORITY. IF THE AUTHORITY HAS IDENTIFIED A RELIABILITY NEED TO
 MAINTAIN ITS EXISTING NON-RENEWABLE GENERATION PURSUANT  TO  SUBDIVISION
 THIRTY-TWO  OF  THIS SECTION, THE AUTHORITY SHALL IDENTIFY IN THE ANNUAL
 REPORT THE RENEWABLE ENERGY PROJECT, ENERGY  STORAGE  PROJECT,    TRANS-
 MISSION  OR  DISTRIBUTION INFRASTRUCTURE, DEMAND RESPONSE, OR OTHER SUCH
 PROJECT OR PROJECTS THAT THE AUTHORITY, OR ANOTHER ENTITY, ONLY IF  SUCH
 ENTITY   HAS   OBTAINED   ALL   THE  NECESSARY  PERMITS  AND  HAS  BEGUN
 CONSTRUCTION, PLANS TO DEVELOP TO MEET THE RELIABILITY NEED.
   (B) WITHIN TWO YEARS OF THE EFFECTIVE DATE OF  THIS  SUBDIVISION,  THE
 AUTHORITY  SHALL  MAKE  PUBLIC A DEMOCRATIZATION PLAN, WITH A MANDATE TO
 IMPLEMENT THE PLAN WITHIN TWO YEARS OF ITS COMPLETION.  SUCH PLAN  SHALL
 BE  CREATED  IN PARTNERSHIP WITH, AND CODESIGNED WITH, A STATEWIDE ALLI-
 ANCE OF COMMUNITY ORGANIZATIONS WITH AT LEAST  FIVE  YEARS'  HISTORY  OF
 WORKING ON ENERGY DEMOCRACY AND IMPLEMENTATION ISSUES, PROVIDING FUNDING
 FOR THIS ALLIANCE AS NECESSARY FOR THEIR PARTICIPATION IN THE COMPLETION
 OF THE PLAN. SUCH PLAN SHALL ENSURE THAT THE SCALE UP OF RENEWABLE BUILD
 OUT ACROSS THE STATE OCCURS IN LINE WITH THE PRINCIPLES OF ENERGY DEMOC-
 RACY AND TRANSPARENCY.
   (C) THE AUTHORITY SHALL HOLD AT LEAST EIGHT PUBLIC HEARINGS WITHIN TWO
 YEARS  OF  THE EFFECTIVE DATE OF THIS SUBDIVISION RELATED TO THE CLIMATE
 AND RESILIENCY PLAN.  THE HEARING SHALL BE PUBLICIZED IN  VARIOUS  FORMS
 OF  MEDIA,  INCLUDING  BUT NOT LIMITED TO THE AUTHORITY'S WEBSITE, LOCAL
 NEWSPAPERS AND SOCIAL MEDIA PLATFORMS, AND SHALL ALSO BE ACCESSIBLE  VIA
 LIVESTREAM.    IN ADVANCE OF SUCH HEARING, THE AUTHORITY SHALL CONSPICU-
 OUSLY POST WRITTEN NOTICE OF SUCH HEARING IN  ALL  AUTHORITY  FACILITIES
 AND  NEW  YORK  STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY REGIONAL
 CLEAN ENERGY HUBS ON A SIGN POSTED AT EACH FACILITY  ENTRANCE  AND  EXIT
 USED  BY  EMPLOYEES, AND SHALL PROVIDE AT LEAST TWO WEEKS ADVANCE NOTICE
 OF SUCH HEARING TO AUTHORITY CUSTOMERS BY  DIRECTLY  COMMUNICATING  SUCH
 NOTICE  TO  CUSTOMER  PHONE, EMAIL AND MAILING LISTS.  HEARINGS SHALL BE
 PERMITTED BETWEEN 12:00 PM TO 3:00 PM AND 6:00 PM TO 9:00  PM,  AND  THE
 AUTHORITY SHALL PROVIDE ALL SPEAKERS WITH THE OPTION TO SIGN UP TO SPEAK
 WITHIN  THOSE  THREE HOUR WINDOWS SUCH THAT NO SPEAKER SHALL WAIT LONGER
 THAN THREE HOURS TO SPEAK.   IN  ADDITION  TO  ORAL  TESTIMONY,  WRITTEN
 TESTIMONY  FROM  THE  PUBLIC  FOR SUCH HEARINGS SHALL BE ACCEPTED BY THE
 AUTHORITY NO LESS THAN TWO WEEKS AFTER EACH HEARING.  EACH SPEAKER SHALL
 A. 279                              4
 
 HAVE AT LEAST THREE MINUTES TO SPEAK,  AND  A  REMOTE  OPTION  SHALL  BE
 PROVIDED  FOR SUBMITTING COMMENTS VIA VIDEO CONFERENCE, PHONE, INCLUDING
 SHORT MESSAGE SERVICES (SMS) TEXT MESSAGES AND/OR WRITTEN COMMENT, WHICH
 SHALL  BE READ ALOUD. PROVISIONS FOR TRANSLATION SERVICES, AMERICAN SIGN
 LANGUAGE INTERPRETATION, CLOSED CAPTIONING, AND ACCESS TO ACCOMMODATIONS
 PROVIDED BY THE AMERICANS WITH DISABILITIES ACT SHALL BE  PROVIDED  UPON
 REQUEST.
   (D) THE AUTHORITY SHALL MAINTAIN ALL DATA, MEETING MINUTES, RECORDINGS
 AND DOCUMENTS THAT DO NOT INCLUDE PERSONAL CUSTOMER INFORMATION, INCLUD-
 ING  BUT  NOT LIMITED TO DEPRECIATION SCHEDULES, ANNUAL FINANCIAL STATE-
 MENTS OF ITEMIZED SPENDING, ENVIRONMENTAL IMPACT STATEMENTS,  COST-BENE-
 FIT  ANALYSES,  CLIMATE  AND  RESILIENCY PLANS, RENEWABLE ENERGY PROJECT
 PLANS, AND ANNUAL REPORTS ON OPERATIONS, CUSTOMER SERVICE,  RELIABILITY,
 RESILIENCY   AND  SUSTAINABILITY.    ALL  SUCH  DATA,  MEETING  MINUTES,
 RECORDINGS AND DOCUMENTS SHALL BE  MADE  AVAILABLE  ON  THE  AUTHORITY'S
 WEBSITE,  OR  OTHERWISE  MADE  ACCESSIBLE BY THE AUTHORITY UPON REQUEST.
 ALL SUCH RECORDS SHALL BE MAINTAINED AS BUSINESS RECORDS FOR  A  MINIMUM
 OF  TEN YEARS.  THE STATE COMPTROLLER SHALL AUDIT THE AUTHORITY AT LEAST
 ONCE EVERY TWO YEARS UNTIL TWO THOUSAND THIRTY-ONE TO ASCERTAIN  WHETHER
 THE  AUTHORITY  IS  IN  COMPLIANCE  WITH  THE  RENEWABLE  ENERGY TARGETS
 OUTLINED IN THIS SUBDIVISION AND  SUBDIVISIONS  THIRTY-TWO,  THIRTY-FOUR
 AND THIRTY-FIVE OF THIS SECTION AND WHETHER THE AUTHORITY'S SPENDING AND
 OPERATIONS  ARE  EFFECTIVELY  AND EFFICIENTLY PROMOTING THE COMMON GOOD.
 THE MOST RECENT COMPTROLLER AUDITS SHALL ALSO BE MADE AVAILABLE  ON  THE
 AUTHORITY'S WEBSITE, OR OTHERWISE MADE ACCESSIBLE BY THE AUTHORITY  UPON
 REQUEST.
   (E)  (I) THE AUTHORITY, IN CONSULTATION WITH THE NEW YORK STATE ENERGY
 RESEARCH AND DEVELOPMENT AUTHORITY AND THE  PUBLIC  SERVICE  COMMISSION,
 SHALL  DEVELOP AND CONDUCT AN ENERGY EFFICIENCY AND ENERGY AUDIT PROGRAM
 TO IDENTIFY PUBLIC BUILDINGS MOST IN NEED OF  RETROFITS  AND  EFFICIENCY
 MEASURES.   SUCH PROGRAM SHALL PROVIDE FOR THE INSTALLATION OF RENEWABLE
 HEATING AND COOLING SYSTEMS, AND, WHEN FEASIBLE,  OTHER  GREEN  BUILDING
 PROJECTS AS DEFINED IN SECTION 58-0101 OF THE ENVIRONMENTAL CONSERVATION
 LAW, IN PUBLIC HOUSING AND PUBLIC SCHOOLS BY THE YEAR TWO THOUSAND THIR-
 TY-SIX,  PRIORITIZING FIRST PUBLIC AFFORDABLE HOUSING AND PUBLIC SCHOOLS
 IN DISADVANTAGED COMMUNITIES. THE AUTHORITY SHALL HIRE AUTHORITY EMPLOY-
 EES OR CONTRACTORS TO PERFORM ENERGY AUDITS, RETROFITS AND  OTHER  EFFI-
 CIENCY PROGRAMS FOR THESE BUILDINGS, AND PROVIDE INCENTIVES, IN CONJUNC-
 TION  WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY,
 FOR ENERGY EFFICIENT APPLIANCES AND INDUCTION STOVES, AS NEEDED, TO MEET
 THE CLIMATE GOALS OUTLINED  IN  THE  CLIMATE  LEADERSHIP  AND  COMMUNITY
 PROTECTION  ACT.    IF THE BUILDINGS SELECTED FOR THIS PROGRAM NEED MOLD
 REMEDIATION MEASURES OR LEAD ABATEMENT MEASURES TO BE CARRIED OUT BEFORE
 ENERGY EFFICIENCY MEASURES CAN  BE  SAFELY  IMPLEMENTED,  THE  AUTHORITY
 SHALL ALSO HIRE EMPLOYEES OR CONTRACTORS TO PERFORM LEAD ABATEMENT MEAS-
 URES AND/OR MOLD REMEDIATION MEASURES FOR THESE BUILDINGS.
   (II)  THE AUTHORITY SHALL ANNUALLY POST ON ITS WEBSITE A REPORT EVALU-
 ATING THE ENERGY EFFICIENCY PROGRAM, INCLUDING, BUT NOT LIMITED TO,  THE
 NUMBER OF CUSTOMERS SERVED BY THE EFFICIENCY PROGRAM, THE CUSTOMER DEMO-
 GRAPHICS,  THE  NUMBER  OF  RETROFITS  AND  ENERGY AUDITS PERFORMED, THE
 NUMBER OF JOBS CREATED AND EMPLOYEE  DEMOGRAPHICS,  AND  THE  AMOUNT  OF
 ENERGY AND DOLLARS SAVED AS A RESULT OF THE PROGRAM.
   (III)  ALL WORK SUBJECT TO THIS SUBDIVISION SHALL BE CONSIDERED PUBLIC
 WORK, SUBJECT TO ARTICLES EIGHT AND NINE OF THE  LABOR  LAW,  AND  SHALL
 UTILIZE  A  PROJECT  LABOR  AGREEMENT. FOR PURPOSES OF THIS SUBDIVISION,
 "PROJECT LABOR AGREEMENT" SHALL MEAN A  PRE-HIRE  COLLECTIVE  BARGAINING
 A. 279                              5
 
 AGREEMENT  BETWEEN  THE  AUTHORITY,  OR  A  THIRD PARTY ON BEHALF OF THE
 AUTHORITY, AND A BONA FIDE BUILDING AND CONSTRUCTION TRADE LABOR  ORGAN-
 IZATION ESTABLISHING THE LABOR ORGANIZATION AS THE COLLECTIVE BARGAINING
 REPRESENTATIVE  FOR  ALL  PERSONS WHO WILL PERFORM WORK ON A PUBLIC WORK
 PROJECT, AND WHICH PROVIDES THAT ONLY CONTRACTORS AND SUBCONTRACTORS WHO
 SIGN A PRE-NEGOTIATED AGREEMENT WITH THE LABOR ORGANIZATION CAN  PERFORM
 PROJECT  WORK.  ALL  CONTRACTORS AND SUBCONTRACTORS ASSOCIATED WITH THIS
 WORK SHALL BE REQUIRED TO UTILIZE APPRENTICESHIP AGREEMENTS  AS  DEFINED
 BY ARTICLE TWENTY-THREE OF THE LABOR LAW.
   (F) THE AUTHORITY SHALL SUBMIT AN ANNUAL REPORT TO THE GOVERNOR AND TO
 THE LEGISLATURE WHICH SHALL BE MADE AVAILABLE TO THE PUBLIC. SUCH REPORT
 SHALL INCLUDE THE:
   (A) TEN YEAR CLIMATE AND RESILIENCY PLAN DESCRIBED IN PARAGRAPH (A) OF
 THIS SUBDIVISION;
   (B) AMOUNT OF ENERGY PRODUCED BY EACH FACILITY;
   (C) ENERGY TRANSFERRED BETWEEN FACILITIES WITHIN THE AUTHORITY;
   (D) ENERGY TRANSFERRED OUTSIDE OF THE AUTHORITY FOR SALE;
   (E) KILOWATT-HOUR SALES BY PROJECT;
   (F) REVENUES AND COSTS FOR EACH PROJECT FACILITY;
   (G) ACCUMULATED PROVISION FOR DEPRECIATION OF EACH PROJECT FACILITY;
   (H)  FINANCIAL  AND  OPERATING  INFORMATION  OF  THE ENERGY EFFICIENCY
 PROGRAM;
   (I) ENROLLMENT IN AND EFFECTIVENESS OF RENEWABLE  ENERGY  AUTO-ENROLL-
 MENT, RETROFIT, AND ENERGY EFFICIENT APPLIANCE PROGRAMS;
   (J) ANY PROJECTED RATE INCREASE FOR THE YEAR; AND
   (K)  AN  ANALYSIS  OF THE AUTHORITY'S ACTIONS TO ENSURE THE STATE WILL
 MEET THE RENEWABLE ENERGY GOALS OF THE CLIMATE LEADERSHIP AND  COMMUNITY
 PROTECTION ACT.
   34.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, ON OR AFTER JANUARY
 FIRST, TWO THOUSAND THIRTY-ONE, THE AUTHORITY SHALL BE THE SOLE PROVIDER
 OF ELECTRICITY TO ALL  STATE  OWNED,  LEASED,  CONTROLLED,  OR  OPERATED
 BUILDINGS  AND  ON  OR AFTER JANUARY FIRST, TWO THOUSAND THIRTY-SIX, THE
 AUTHORITY SHALL BE THE SOLE PROVIDER OF  ELECTRICITY  TO  ALL  MUNICIPAL
 OWNED,  LEASED,  CONTROLLED, OR OPERATED BUILDINGS THAT USE ELECTRICITY.
 A MUNICIPAL OWNED, LEASED, CONTROLLED, OR OPERATED  BUILDING  THAT  USES
 ELECTRICITY MAY ELECT NOT TO RECEIVE ITS ENERGY SUPPLY FROM THE AUTHORI-
 TY  IF  (I) THE AUTHORITY'S ENERGY SUPPLY RATE IS HIGHER THAN THE ENERGY
 SUPPLY RATE OF THE UTILITY IN THE MUNICIPAL BUILDING'S SERVICE  TERRITO-
 RY,  AS DETERMINED BY THE TWELVE-MONTH AVERAGE UTILITY SUPPLY RATE; (II)
 THE MUNICIPAL BUILDING IS BEING SERVED BY A MUNICIPAL  ELECTRIC  UTILITY
 THAT  SHALL  SUPPLY  ONLY RENEWABLE ENERGY TO THE BUILDING; OR (III) THE
 MUNICIPAL BUILDING ELECTS TO PARTICIPATE IN A  COMMUNITY  CHOICE  AGGRE-
 GATION PROGRAM THAT SHALL SUPPLY ONLY RENEWABLE ENERGY TO THE BUILDING.
   35. (A) THE AUTHORITY IS AUTHORIZED TO SELL OR PROVIDE RENEWABLE ENER-
 GY  TO  RESIDENTIAL  END-USE  CUSTOMERS AND CCA COMMUNITIES.  ANY EXCESS
 RENEWABLE ENERGY PRODUCED BY THE AUTHORITY AND NOT  USED  OR  STORED  BY
 STATE  OR  MUNICIPAL OWNED OR LEASED BUILDINGS SHALL BE SOLD DIRECTLY TO
 LOW-TO-MODERATE INCOME HOUSEHOLDS  FIRST,  PRIORITIZING  LOW-TO-MODERATE
 INCOME  HOUSEHOLDS  IN  DISADVANTAGED COMMUNITIES, AND AT A RATE THAT IS
 FIFTY PERCENT LESS THAN THE ENERGY SUPPLY RATE OF  THE  UTILITY  IN  THE
 CUSTOMER'S  SERVICE  TERRITORY.  ANY  REMAINING  EXCESS RENEWABLE ENERGY
 PRODUCED BY THE AUTHORITY SHALL BE SOLD TO RESIDENTIAL END-USE CUSTOMERS
 OR CCA'S AT THE WHOLESALE COST.  FOR THE PURPOSES OF THIS PARAGRAPH, THE
 TERM "LOW-TO-MODERATE INCOME  HOUSEHOLDS"  SHALL  MEAN  HOUSEHOLDS  WITH
 ANNUAL  INCOMES  AT OR BELOW EIGHTY PERCENT OF THE AREA MEDIAN INCOME OF
 THE COUNTY OR METRO AREA WHERE THEY RESIDE.
 A. 279                              6
 
   (B)  WITHIN THREE YEARS FOLLOWING THE EFFECTIVE DATE OF THIS  SUBDIVI-
 SION,  THE AUTHORITY'S TRUSTEES, IN CONSULTATION WITH THE NEW YORK STATE
 ENERGY RESEARCH AND DEVELOPMENT AUTHORITY'S REGIONAL CLEAN ENERGY  HUBS,
 SHALL  DEVELOP  A  PROGRESSIVE RATE STRUCTURE BASED ON INCOME AND ENERGY
 USAGE TO BE OFFERED TO END-USE CUSTOMERS AND CCA COMMUNITIES.
   (C) THE AUTHORITY SHALL WORK WITH THE OFFICE OF TEMPORARY AND DISABIL-
 ITY  ASSISTANCE  TO ASSIST LOW-INCOME CUSTOMERS TO ACCESS THE LOW INCOME
 HOME ENERGY ASSISTANCE PROGRAM AND  OTHER  UTILITY  BENEFITS  AND  SHALL
 OFFER  DEFERRED  PAYMENT AGREEMENT PAYMENT PLANS FOR CUSTOMERS THAT FALL
 INTO ARREARS.
   (D) THE AUTHORITY IS AUTHORIZED TO SELL UP TO THIRTY  PERCENT  OF  THE
 ELECTRICITY  THAT IT PROVIDES TO RESIDENTIAL AND COMMERCIAL CUSTOMERS TO
 CUSTOMERS OF THE LONG ISLAND POWER AUTHORITY,  ESTABLISHED  UNDER  TITLE
 ONE-A OF THIS ARTICLE, AND THE LONG ISLAND POWER AUTHORITY IS AUTHORIZED
 TO PURCHASE THIS POWER.
   36. ALL NEW RENEWABLE ENERGY PROJECTS SUBJECT TO THIS SECTION SHALL BE
 CONSIDERED  PUBLIC WORK, SUBJECT TO ARTICLES EIGHT AND NINE OF THE LABOR
 LAW AND SHALL UTILIZE A PROJECT LABOR AGREEMENT. FOR  PURPOSES  OF  THIS
 SUBDIVISION,  "PROJECT LABOR AGREEMENT" SHALL MEAN A PRE-HIRE COLLECTIVE
 BARGAINING AGREEMENT BETWEEN THE AUTHORITY, OR A THIRD PARTY  ON  BEHALF
 OF  THE AUTHORITY, AND A BONA FIDE BUILDING AND CONSTRUCTION TRADE LABOR
 ORGANIZATION ESTABLISHING  THE  LABOR  ORGANIZATION  AS  THE  COLLECTIVE
 BARGAINING  REPRESENTATIVE  FOR  ALL  PERSONS WHO WILL PERFORM WORK ON A
 PUBLIC WORK PROJECT,  AND  WHICH  PROVIDES  THAT  ONLY  CONTRACTORS  AND
 SUBCONTRACTORS WHO SIGN A PRE-NEGOTIATED AGREEMENT WITH THE LABOR ORGAN-
 IZATION  CAN  PERFORM  PROJECT  WORK. ALL CONTRACTORS AND SUBCONTRACTORS
 ASSOCIATED WITH THIS WORK SHALL BE REQUIRED  TO  UTILIZE  APPRENTICESHIP
 AGREEMENTS AS DEFINED BY ARTICLE TWENTY-THREE OF THE LABOR LAW.
   37.  THE  AUTHORITY,  IN  CONSULTATION WITH LABOR ORGANIZATIONS, SHALL
 DEVELOP A COMPREHENSIVE PLAN TO TRANSITION, TRAIN, OR RETRAIN  EMPLOYEES
 THAT ARE IMPACTED BY THE NEW YORK STATE BUILD PUBLIC RENEWABLES ACT, AND
 SHALL ESTABLISH AND CONTRIBUTE TO A JUST TRANSITION FUND THAT SHALL MAKE
 FUNDING AVAILABLE FOR WORKER TRANSITION AND RETRAINING.
   38.  THE  AUTHORITY  SHALL  INCLUDE REQUIREMENTS IN ANY PROCUREMENT OR
 DEVELOPMENT OF A RENEWABLE ENERGY PROJECT,  AS  DEFINED  IN  SUBDIVISION
 THIRTY  OF THIS SECTION, THAT THE COMPONENTS AND PARTS SHALL BE SUPPLIED
 WITH EQUIPMENT PRODUCED OR MADE IN WHOLE  OR  SUBSTANTIAL  PART  IN  THE
 UNITED STATES, ITS TERRITORIES OR POSSESSIONS. THE AUTHORITY'S TRUSTEES,
 IN  CONSULTATION WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT
 AUTHORITY, MAY WAIVE THE PROCUREMENT AND  DEVELOPMENT  REQUIREMENTS  SET
 FORTH  IN  THIS SUBDIVISION IF THE TRUSTEES DETERMINE THAT: THE REQUIRE-
 MENTS WOULD NOT BE IN THE PUBLIC INTEREST; THE REQUIREMENTS WOULD RESULT
 IN UNREASONABLE COSTS;   OBTAINING SUCH  INFRASTRUCTURE  COMPONENTS  AND
 PARTS IN THE UNITED STATES WOULD INCREASE THE COST OF A RENEWABLE ENERGY
 PROJECT BY AN UNREASONABLE AMOUNT; OR SUCH COMPONENTS OR PARTS CANNOT BE
 PRODUCED,  MADE,  OR  ASSEMBLED  IN  THE UNITED STATES IN SUFFICIENT AND
 REASONABLY AVAILABLE QUANTITIES OR OF SATISFACTORY QUALITY. SUCH  DETER-
 MINATION  MUST BE MADE ON AN ANNUAL BASIS NO LATER THAN DECEMBER THIRTY-
 FIRST AFTER PROVIDING NOTICE AND AN OPPORTUNITY FOR PUBLIC COMMENT,  AND
 BE  MADE PUBLICLY AVAILABLE, IN WRITING, ON THE AUTHORITY'S WEBSITE WITH
 A DETAILED EXPLANATION OF THE FINDINGS LEADING TO SUCH DETERMINATION. IF
 THE AUTHORITY'S TRUSTEES HAVE ISSUED DETERMINATIONS  FOR  THREE  CONSEC-
 UTIVE  YEARS  THAT NO SUCH WAIVER IS WARRANTED PURSUANT TO THIS SUBDIVI-
 SION, THEN THE AUTHORITY SHALL NO LONGER  BE  REQUIRED  TO  PROVIDE  THE
 ANNUAL DETERMINATION REQUIRED BY THIS SUBDIVISION.
 A. 279                              7
 
   39.  THE  AUTHORITY  SHALL  WORK  WITH  EXISTING WORKFORCE DEVELOPMENT
 PROGRAMS, UNION APPRENTICESHIP PROGRAMS, AND REGIONAL  COMMUNITY  ENERGY
 HUBS  TO PUBLISH A REPORT ON THE WAYS THAT THE CONSTRUCTION OF RENEWABLE
 PROJECTS CAN BEST SUPPORT THE DEVELOPMENT OF SKILLED,  WELL  PAID  LOCAL
 WORKFORCES  IN  THE RENEWABLE ENERGY SECTOR, AND SHALL PROVIDE FINANCIAL
 SUPPORT THROUGH THE JUST TRANSITION FUND ESTABLISHED PURSUANT TO  SUBDI-
 VISION  THIRTY-SEVEN  OF  THIS SECTION FOR  PRE-APPRENTICESHIP  PROGRAMS
 THROUGH LOCAL COMMUNITY BASED ORGANIZATIONS THAT WORK WITH DISADVANTAGED
 COMMUNITIES AND UNION  RUN  WORKFORCE  DEVELOPMENT  INSTITUTIONS,  WHERE
 THIS  SUPPORT  IS  FOUND TO BE NECESSARY TO THE EFFECTIVE DEVELOPMENT OF
 THIS WORKFORCE ACCORDING TO THE REPORT.
   40. FOR ENERGY PROJECTS THAT THE AUTHORITY BUILDS ON PROPERTIES OF THE
 NEW YORK CITY HOUSING  AUTHORITY,  INCLUDING  HEAT  PUMP  INSTALLATIONS,
 RETROFITS, WEATHERIZATION MEASURES, AND LEAD, MOLD, AND ASBESTOS REMEDI-
 ATION,  BOTH  THE  AUTHORITY AND ITS CONTRACTORS SHALL PRIORITIZE HIRING
 RESIDENTS OF THESE PROPERTIES, PROVIDED THAT  RESIDENTS  MEET  CONSIDER-
 ATIONS  OF  AVAILABILITY,  INTEREST,  SKILL  LEVEL  AND  TRAINING.    NO
 PROVISIONS OF THIS SUBDIVISION SHALL ALTER THE STATUS OF ANY  SECTION  9
 HOUSING.  THE  AUTHORITY SHALL CONSULT THE RESIDENTS OR OCCUPANTS OF ALL
 PUBLIC BUILDINGS WHERE THE AUTHORITY  IS  BUILDING  PROJECTS  TO  ASSESS
 THEIR  NEEDS AND MINIMIZE DISRUPTION, NUISANCE, PUBLIC HEALTH RISKS, AND
 DISPLACEMENT DURING ANY REMEDIATION, RETROFIT, WEATHERIZATION, HEAT PUMP
 INSTALLATIONS, OR OTHER CONSTRUCTION THE AUTHORITY  OR  ITS  CONTRACTORS
 PERFORM.    ALL  WORK  SUBJECT  TO  THIS SUBDIVISION SHALL BE CONSIDERED
 PUBLIC WORK, SUBJECT TO ARTICLES EIGHT AND NINE OF THE  LABOR  LAW,  AND
 SHALL  UTILIZE  A PROJECT LABOR AGREEMENT. FOR PURPOSES OF THIS SUBDIVI-
 SION,  "PROJECT  LABOR  AGREEMENT"  SHALL  MEAN  A  PRE-HIRE  COLLECTIVE
 BARGAINING  AGREEMENT  BETWEEN THE AUTHORITY, OR A THIRD PARTY ON BEHALF
 OF THE AUTHORITY, AND A BONA FIDE BUILDING AND CONSTRUCTION TRADE  LABOR
 ORGANIZATION  ESTABLISHING  THE  LABOR  ORGANIZATION  AS  THE COLLECTIVE
 BARGAINING REPRESENTATIVE FOR ALL PERSONS WHO WILL  PERFORM  WORK  ON  A
 PUBLIC  WORK  PROJECT,  AND  WHICH  PROVIDES  THAT  ONLY CONTRACTORS AND
 SUBCONTRACTORS WHO SIGN A PRE-NEGOTIATED AGREEMENT WITH THE LABOR ORGAN-
 IZATION CAN PERFORM PROJECT WORK.  ALL  CONTRACTORS  AND  SUBCONTRACTORS
 ASSOCIATED  WITH  THIS  WORK SHALL BE REQUIRED TO UTILIZE APPRENTICESHIP
 AGREEMENTS AS DEFINED BY ARTICLE TWENTY-THREE OF THE LABOR LAW.
   41. (A) NOTHING IN THE NEW YORK  STATE  BUILD  PUBLIC  RENEWABLES  ACT
 SHALL  ALTER  THE RIGHTS OR BENEFITS, AND PRIVILEGES, INCLUDING, BUT NOT
 LIMITED TO TERMS AND CONDITIONS OF EMPLOYMENT, CIVIL SERVICE STATUS, AND
 COLLECTIVE BARGAINING UNIT MEMBERSHIP, OF ANY CURRENT EMPLOYEES  OF  THE
 AUTHORITY.
   (B)  NOTHING  IN  THE NEW YORK STATE BUILD PUBLIC RENEWABLES ACT SHALL
 RESULT IN: (I) THE DISCHARGE, DISPLACEMENT, OR LOSS OF POSITION, INCLUD-
 ING PARTIAL DISPLACEMENT SUCH AS A REDUCTION IN THE HOURS  OF  NON-OVER-
 TIME  WORK, WAGES, OR EMPLOYMENT BENEFITS; (II) THE IMPAIRMENT OF EXIST-
 ING COLLECTIVE BARGAINING AGREEMENTS; (III)  THE  TRANSFER  OF  EXISTING
 DUTIES  AND  FUNCTIONS;  OR (IV) THE TRANSFER OF FUTURE DUTIES AND FUNC-
 TIONS, OF ANY CURRENTLY EMPLOYED WORKER IMPACTED BY THIS ACT WHO  AGREES
 TO BE RETRAINED.
   42.  THE  AUTHORITY SHALL ENTER INTO A MEMORANDUM OF UNDERSTANDING FOR
 THE OPERATION AND MAINTENANCE OF A RENEWABLE  ENERGY  PROJECT  DEVELOPED
 PURSUANT  TO  THE NEW YORK STATE BUILD PUBLIC RENEWABLES ACT WITH A BONA
 FIDE LABOR ORGANIZATION OF JURISDICTION  THAT  IS  ACTIVELY  ENGAGED  IN
 REPRESENTING   TRANSITIONING  EMPLOYEES  FROM  NON-RENEWABLE  GENERATION
 FACILITIES.   SUCH  MEMORANDUM  SHALL  BE  ENTERED  INTO  PRIOR  TO  THE
 COMPLETION  DATE  OF  A RENEWABLE ENERGY PROJECT AND SHALL BE AN ONGOING
 A. 279                              8
 
 MATERIAL CONDITION OF AUTHORIZATION TO OPERATE AND MAINTAIN A  RENEWABLE
 ENERGY  PROJECT  DEVELOPED  PURSUANT  TO THE NEW YORK STATE BUILD PUBLIC
 RENEWABLES ACT.  THE MEMORANDUM SHALL ONLY APPLY TO THE EMPLOYEES NECES-
 SARY  FOR  THE MAINTENANCE AND OPERATION OF SUCH RENEWABLE ENERGY GENER-
 ATION PROJECTS. SUCH MEMORANDUM SHALL CONTAIN  BUT  NOT  BE  LIMITED  TO
 SAFETY  AND  TRAINING  STANDARDS, DISASTER RESPONSE MEASURES, GUARANTEED
 HOURS, STAFFING LEVELS, PAY RATE PROTECTION AND RETRAINING PROGRAMS. THE
 EMPLOYEES ELIGIBLE FOR THESE POSITIONS SHALL FIRST BE SELECTED FROM  AND
 OFFERED  TO  A POOL OF TRANSITIONING WORKERS WHO HAVE LOST THEIR EMPLOY-
 MENT OR WILL BE LOSING THEIR  EMPLOYMENT  IN  THE  NON-RENEWABLE  ENERGY
 GENERATION  SECTOR. SUCH LIST OF POTENTIAL EMPLOYEES WILL BE PROVIDED BY
 AFFECTED UNIONS AND PROVIDED TO THE DEPARTMENT OF LABOR. THE  DEPARTMENT
 OF LABOR SHALL UPDATE AND PROVIDE SUCH LIST TO THE AUTHORITY NINETY DAYS
 PRIOR TO PURCHASE, ACQUISITION, AND/OR CONSTRUCTION OF ANY PROJECT UNDER
 THE NEW YORK STATE BUILD PUBLIC RENEWABLES ACT.
   43. THE AUTHORITY SHALL COMPLY WITH THE OBJECTIVES AND GOALS OF CERTI-
 FIED  MINORITY  AND WOMEN-OWNED BUSINESS ENTERPRISES PURSUANT TO ARTICLE
 FIFTEEN-A OF THE EXECUTIVE LAW AND CERTIFIED  SERVICE-DISABLED  VETERAN-
 OWNED  BUSINESSES  PURSUANT  TO  ARTICLE THREE OF THE VETERANS' SERVICES
 LAW. THE AUTHORITY, IN CONSULTATION WITH THE COMMISSIONER OF  THE  DIVI-
 SION  OF  MINORITY  AND WOMEN'S BUSINESS DEVELOPMENT AND THE DIRECTOR OF
 THE DIVISION OF SERVICE-DISABLED VETERANS'  BUSINESS  DEVELOPMENT  SHALL
 MAKE TRAINING AND RESOURCES AVAILABLE TO ASSIST MINORITY AND WOMEN-OWNED
 BUSINESS  ENTERPRISES AND SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTER-
 PRISES ON RENEWABLE ENERGY PROJECTS TO ACHIEVE AND  MAINTAIN  COMPLIANCE
 WITH  PREVAILING WAGE REQUIREMENTS. THE AUTHORITY SHALL MAKE SUCH TRAIN-
 ING AND RESOURCES AVAILABLE ONLINE AND SHALL AFFORD MINORITY AND  WOMEN-
 OWNED  BUSINESS  ENTERPRISES AND SERVICE-DISABLED VETERAN-OWNED BUSINESS
 ENTERPRISES AN OPPORTUNITY TO SUBMIT COMMENTS ON SUCH TRAINING.
   § 3. Section 1003 of the public authorities law, as amended by chapter
 766 of the laws of 2005, is amended to read as follows:
   § 1003. Trustees. 1. The authority shall consist of [seven]  SEVENTEEN
 trustees,  five  of whom shall serve respectively for terms of one, two,
 three, four and five years, to be appointed by the governor, by and with
 the advice and consent of the senate. The  sixth  and  seventh  trustees
 shall  be  appointed by the governor, by and with the advice and consent
 of the senate, and shall serve  initial  terms  of  one  and  two  years
 respectively.   ALL OTHER TRUSTEES SHALL BE APPOINTED AS FOLLOWS: TWO BY
 THE GOVERNOR, FOUR BY THE TEMPORARY PRESIDENT OF THE SENATE, AND FOUR BY
 THE SPEAKER OF THE ASSEMBLY, AND SHALL PROPORTIONALLY BE  SELECTED  FROM
 LABOR UNION REPRESENTATIVES THAT REPRESENT BOTH EMPLOYEES OF THE AUTHOR-
 ITY AND EMPLOYEES OF CONSTRUCTION CONTRACTORS OF THE AUTHORITY, ENVIRON-
 MENTAL JUSTICE ADVOCATES, COMMUNITY RENEWABLE ENERGY ADVOCATES, CONSUMER
 ADVOCATES,  AND  BUILDING ELECTRIFICATION AND ENERGY EFFICIENCY EXPERTS.
 FOR ANY APPOINTMENT AND VACANT TRUSTEE  POSITION,  THE  NEW  YORK  STATE
 ENERGY  RESEARCH  AND  DEVELOPMENT  AUTHORITY'S  CLEAN ENERGY HUBS SHALL
 SELECT QUALIFIED CANDIDATES THAT SHALL BE GIVEN REASONABLE CONSIDERATION
 FOR AN APPOINTMENT AS TRUSTEE BY THE  GOVERNOR,  SENATE,  AND  ASSEMBLY.
 Each  trustee shall hold office until a successor has been appointed and
 qualified OR UNTIL REMOVED BY A MAJORITY VOTE OF THE LEGISLATURE OR  THE
 GOVERNOR.    At  the  expiration of the term of each trustee and of each
 succeeding trustee [the governor shall,  by  and  with  the  advice  and
 consent  of the senate, appoint a successor, who shall hold office for a
 term of five years, or until a successor has been appointed  and  quali-
 fied.  In  the event of a vacancy occurring in the office of the trustee
 by death, resignation or otherwise, the governor shall, by and with  the
 A. 279                              9

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