S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6066
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 3, 2023
                                ___________
 
 Introduced  by M. of A. BARRETT -- read once and referred to the Commit-
   tee on Energy
 
 AN ACT to amend the public authorities law, in relation to  implementing
   the "New York Power Authority Public Renewables Standby 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 Power Authority Public Renewables Standby 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 TO SUPPORT THE GOAL OF THE CLIMATE
 LEADERSHIP AND COMMUNITY PROTECTION ACT, WHICH REQUIRES THAT  A  MINIMUM
 OF  SEVENTY  PERCENT  OF  THE  STATEWIDE ELECTRIC GENERATION TO MEET THE
 ELECTRICAL ENERGY REQUIREMENTS IN NEW YORK STATE IN THE YEAR  TWO  THOU-
 SAND  THIRTY SHALL BE GENERATED BY RENEWABLE ENERGY SYSTEMS, BY ENTERING
 INTO CONTRACTS WITH COMPANIES, NOT SUBJECT TO THE PUBLIC SERVICE COMMIS-
 SION'S COST-OF-SERVICE RATEMAKING,  TO  PROCURE  THROUGH  A  COMPETITIVE
 PROCESS  THE  POWER  AND/OR  RENEWABLE ENERGY CREDITS FROM ANY RENEWABLE
 ENERGY PROJECT IN NEW YORK STATE. SUCH COMPETITIVE PROCUREMENT SHALL  BE
 THROUGH  AT  LEAST  ONE  ANNUAL  SOLICITATION  UNTIL  SUCH TIME THAT THE
 AUTHORITY HAS PROCURED  SUFFICIENT  RENEWABLE  ENERGY  AND/OR  RENEWABLE
 ENERGY  CREDITS  TO COMPLY WITH THE RENEWABLE ENERGY TARGETS IN SUBDIVI-
 SIONS THIRTY-TWO, THIRTY-FOUR, THIRTY-FIVE AND FORTY OF THIS SECTION.
   (B) WITHIN ONE YEAR OF THE EFFECTIVE DATE  OF  THIS  SUBDIVISION,  AND
 BIENNIALLY  THEREAFTER, THE AUTHORITY, IN CONSULTATION WITH THE NEW YORK
 STATE ENERGY RESEARCH AND DEVELOPMENT  AUTHORITY,  THE  NEW  YORK  STATE
 DEPARTMENT  OF PUBLIC SERVICE, AND THE NEW YORK STATE INDEPENDENT SYSTEM
 OPERATOR, SHALL EVALUATE,  AFTER  AN  OPPORTUNITY  FOR  PUBLIC  COMMENT,
 WHETHER THE RENEWABLE ENERGY GOAL OF THE CLIMATE LEADERSHIP AND COMMUNI-
 TY  PROTECTION  ACT IS LIKELY TO BE MET WITHIN THE TIMEFRAME ESTABLISHED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08865-02-3
              

 A. 6066                             2
 
 BY SUCH LAW. IF SUCH EVALUATION DETERMINES THAT  SUCH  RENEWABLE  ENERGY
 GOAL  IS  NOT  LIKELY TO BE MET WITHIN THE TIMEFRAME ESTABLISHED BY LAW,
 THEN THE AUTHORITY IS AUTHORIZED TO  PURCHASE,  ACQUIRE,  PLAN,  DESIGN,
 ENGINEER,  FINANCE,  CONSTRUCT, OPERATE, MANAGE, IMPROVE AND/OR MAINTAIN
 ANY RENEWABLE ENERGY PROJECT IN NEW YORK STATE IF THE FOLLOWING CRITERIA
 ARE MET: (I) THE NUMBER OF PROPOSED RENEWABLE  ENERGY  PROJECTS  IN  THE
 INTERCONNECTION  QUEUE  OF THE FEDERALLY DESIGNATED ELECTRIC BULK SYSTEM
 OPERATOR FOR NEW YORK STATE IS INADEQUATE TO  MEET  THE  PUBLIC  SERVICE
 COMMISSION'S  PROPOSED  ANNUAL SCHEDULE FOR PROCUREMENTS TO ACHIEVE SUCH
 RENEWABLE ENERGY GOAL; AND (II) THE RESPONSES TO ANY COMPETITIVE  SOLIC-
 ITATIONS  THAT  HAVE BEEN ISSUED BY THE AUTHORITY AND THE NEW YORK STATE
 ENERGY RESEARCH AND DEVELOPMENT AUTHORITY TO INCENT THE  DEVELOPMENT  OF
 RENEWABLE  ENERGY  PROJECTS IN NEW YORK ARE INADEQUATE TO MEET THE GOALS
 OF SUCH COMPETITIVE  SOLICITATIONS.  NOTWITHSTANDING  ANY  PROVISION  OF
 SECTION ONE THOUSAND TWELVE OF THIS TITLE TO THE CONTRARY, THE AUTHORITY
 SHALL  ENTER  INTO  AGREEMENTS  TO  MAKE  PAYMENTS IN LIEU OF TAXES WITH
 RESPECT TO ANY RENEWABLE ENERGY PROJECTS THAT IT MAY PURCHASE,  ACQUIRE,
 CONSTRUCT, OPERATE, MANAGE, IMPROVE AND/OR MAINTAIN. PURCHASE AND ACQUI-
 SITION UNDER THIS SUBDIVISION AND SUBDIVISION THIRTY-TWO OF THIS SECTION
 SHALL ONLY BE FROM WILLING SELLERS.
   (C)  FOR THE PURPOSES OF THIS SUBDIVISION AND SUBDIVISIONS THIRTY-ONE,
 THIRTY-TWO, THIRTY-THREE, THIRTY-FOUR, THIRTY-FIVE, THIRTY-SIX,  THIRTY-
 SEVEN,   THIRTY-EIGHT,  THIRTY-NINE,  FORTY,  FORTY-ONE,  FORTY-TWO  AND
 FORTY-THREE OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE  FOLLOW-
 ING MEANINGS:
   (I) "RENEWABLE ENERGY" SHALL HAVE THE SAME MEANING AS RENEWABLE ENERGY
 SYSTEMS AS SET FORTH IN SECTION SIXTY-SIX-P OF THE PUBLIC SERVICE LAW.
   (II) "RENEWABLE ENERGY PROJECT" SHALL BE DEFINED AS ALL INFRASTRUCTURE
 WHICH  GENERATES,  STORES,  DISTRIBUTES OR TRANSMITS RENEWABLE ENERGY OR
 THERMAL ENERGY AS DEFINED IN SUBPARAGRAPH (I)  OF  THIS  PARAGRAPH,  AND
 INCLUDES  THE  CONSTRUCTION,  INSTALLATION AND/OR OPERATION OF ANCILLARY
 FACILITIES OR EQUIPMENT DONE IN CONNECTION WITH ANY SUCH RENEWABLE ENER-
 GY SYSTEMS PROJECTS, INCLUDING,  BUT  NOT  LIMITED  TO,  ENERGY  STORAGE
 PROJECTS  IN  COMBINATION  WITH  SUCH RENEWABLE ENERGY SYSTEMS PROJECTS,
 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 ELECTRO-
 LYSIS 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, IF AUTHORIZED
 PURSUANT TO SUBDIVISION THIRTY OF  THIS  SECTION,  AND  SHALL  HAVE  THE
 AUTHORITY  TO CONSTRUCT AND OPERATE ELECTRICITY TRANSMISSION INFRASTRUC-
 TURE TO FACILITATE AND ENABLE RENEWABLE ENERGY PROJECT OPERATION.
   32. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,
 THE  AUTHORITY  SHALL,  ON  OR AFTER JANUARY FIRST, TWO THOUSAND THIRTY,
 ONLY GENERATE RENEWABLE ENERGY AND SHALL ONLY PURCHASE,  ACQUIRE,  PLAN,
 DESIGN,  ENGINEER,  FINANCE, AND CONSTRUCT GENERATION FACILITIES FOR THE
 PURPOSE OF GENERATING RENEWABLE ENERGY PURSUANT TO SUBDIVISION THIRTY OF
 THIS SECTION. THE AUTHORITY SHALL PHASE OUT ITS USE OF EXISTING  NON-RE-
 NEWABLE  GENERATION NO LATER THAN DECEMBER THIRTIETH, TWO THOUSAND THIR-
 TY, UNLESS THE AUTHORITY PROVIDES TO ITS TRUSTEES,  AND  MAKES  PUBLICLY
 AVAILABLE,  AN  ATTESTATION IN WRITING, SIGNED BY THE INDEPENDENT SYSTEM
 OPERATOR AND A REPRESENTATIVE OF THE REGIONAL CLEAN ENERGY HUB IN  WHICH
 THE  FACILITY  IS  LOCATED,  IDENTIFYING  THE EXISTENCE OF A RELIABILITY
 NEED. THE AUTHORITY SHALL WORK WITH THE NEW YORK STATE  ENERGY  RESEARCH
 A. 6066                             3
 
 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)  IF AUTHORIZED PURSUANT TO SUBDIVISION THIRTY OF THIS SECTION, THE
 AUTHORITY SHALL PRIORITIZE FUNDING, SITING, BUILDING, AND OWNING RENEWA-
 BLE ENERGY PROJECTS, WHICH: (I) ACTIVELY BENEFIT DISADVANTAGED  COMMUNI-
 TIES 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 MODEL-
 ING 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, RESIDENTIAL  AND
 SMALL  BUSINESS RATEPAYER ADVOCATES, AND COMMUNITY ORGANIZATIONS VIA THE
 NEW YORK STATE ENERGY  RESEARCH  AND  DEVELOPMENT  AUTHORITY'S  REGIONAL
 CLEAN  ENERGY  HUBS.  SUCH  RESILIENCY  PLAN SHALL OUTLINE THE RENEWABLE
 ENERGY PROJECTS THE AUTHORITY PLANS TO BUILD, IF AUTHORIZED PURSUANT  TO
 SUBDIVISION  THIRTY  OF  THIS  SECTION.  THE  RESILIENCY PLAN ALSO SHALL
 OUTLINE HOW THE AUTHORITY PLANS TO PHASE OUT  NON-RENEWABLE  ASSETS  AND
 HOW THE AUTHORITY PLANS TO COMPLY WITH THE CLIMATE LEADERSHIP AND COMMU-
 NITY  PROTECTION  ACT  AND  THE RENEWABLE ENERGY TARGETS IN SUBDIVISIONS
 THIRTY-TWO, THIRTY-FOUR, THIRTY-FIVE AND  FORTY  OF  THIS  SECTION,  AND
 EFFORTS  TO IMPROVE ENERGY AND ELECTRIC GRID RESILIENCY.  THE PLAN SHALL
 INCLUDE A REVIEW OF THE STATE'S PROGRESS TOWARDS  THE  RENEWABLE  ENERGY
 GOAL OF THE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT. THE AUTHOR-
 ITY  SHALL  UPDATE SUCH PLAN BIENNIALLY, AFTER IMPLEMENTING THE REQUIRE-
 MENTS PURSUANT TO SUBDIVISION THIRTY OF THIS SECTION  AND  AFTER  PUBLIC
 COMMENT  AND  A HEARING. THE AUTHORITY SHALL INCLUDE IN THE UPDATED PLAN
 THE RENEWABLE ENERGY PROJECTS IT PLANS TO BUILD, IF AUTHORIZED  PURSUANT
 TO  SUBDIVISION  THIRTY  OF THIS SECTION, TO ENSURE THE STATE MEETS SUCH
 GOAL, 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 MAIN-
 TAIN ITS EXISTING NON-RENEWABLE GENERATION PURSUANT TO SUBDIVISION THIR-
 A. 6066                             4

 TY-TWO OF THIS SECTION, THE AUTHORITY SHALL  IDENTIFY  IN  THE  BIENNIAL
 PLAN  UPDATE  REPORT  THE  RENEWABLE  ENERGY  PROJECT,  TRANSMISSION  OR
 DISTRIBUTION INFRASTRUCTURE, DEMAND RESPONSE, OR OTHER SUCH  PROJECT  OR
 PROJECTS THAT THE AUTHORITY, IF AUTHORIZED PURSUANT TO SUBDIVISION THIR-
 TY  OF THIS SECTION, 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 AUTHORITY'S  ACTIVITIES  TO
 SCALE  UP  RENEWABLE  BUILD  OUT,  IF AUTHORIZED PURSUANT TO SUBDIVISION
 THIRTY OF THIS SECTION, ACROSS THE STATE OCCURS IN LINE WITH THE PRINCI-
 PLES OF ENERGY DEMOCRACY 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 HEARINGS 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 HEARINGS, THE AUTHORITY  SHALL  CONSPICU-
 OUSLY  POST  WRITTEN NOTICE OF SUCH HEARINGS 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  HEARINGS 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 TESTI-
 MONY FROM THE PUBLIC FOR SUCH HEARINGS SHALL BE ACCEPTED BY THE AUTHORI-
 TY NO LESS THAN TWO WEEKS AFTER EACH HEARING. EACH SPEAKER SHALL HAVE AT
 LEAST  THREE MINUTES TO SPEAK, AND A REMOTE OPTION SHALL BE PROVIDED FOR
 SUBMITTING COMMENTS VIA VIDEO CONFERENCE, PHONE, INCLUDING SHORT MESSAGE
 SERVICES (SMS) TEXT MESSAGES AND/OR WRITTEN COMMENT, WHICH SHALL BE READ
 ALOUD. PROVISIONS  FOR  TRANSLATION  SERVICES,  AMERICAN  SIGN  LANGUAGE
 INTERPRETATION, CLOSED CAPTIONING, AND ACCESS TO ACCOMMODATIONS PROVIDED
 BY THE AMERICANS WITH DISABILITIES ACT SHALL BE PROVIDED UPON REQUEST.
   (D) THE AUTHORITY SHALL MAINTAIN ALL DATA, MEETING MINUTES, RECORDINGS
 AND DOCUMENTS THAT DO NOT INCLUDE PERSONAL CUSTOMER INFORMATION, INCLUD-
 ING  BUT  NOT LIMITED TO DEPRECIATION SCHEDULES, ANNUAL FINANCIAL STATE-
 MENTS OF ITEMIZED SPENDING, ENVIRONMENTAL IMPACT STATEMENTS,  COST-BENE-
 FIT  ANALYSES,  CLIMATE  AND  RESILIENCY PLANS, RENEWABLE ENERGY PROJECT
 PLANS, AND ANNUAL REPORTS ON OPERATIONS, CUSTOMER SERVICE,  RELIABILITY,
 RESILIENCY   AND   SUSTAINABILITY.   ALL  SUCH  DATA,  MEETING  MINUTES,
 RECORDINGS AND DOCUMENTS SHALL BE  MADE  AVAILABLE  ON  THE  AUTHORITY'S
 WEBSITE, OR OTHERWISE MADE ACCESSIBLE BY THE AUTHORITY UPON REQUEST. ALL
 SUCH  RECORDS  SHALL  BE MAINTAINED AS BUSINESS RECORDS FOR A MINIMUM OF
 TEN YEARS. THE STATE COMPTROLLER SHALL AUDIT THE AUTHORITY AT LEAST ONCE
 EVERY TWO YEARS UNTIL TWO  THOUSAND  THIRTY  TO  ASCERTAIN  WHETHER  THE
 AUTHORITY IS IN COMPLIANCE WITH THE RENEWABLE ENERGY TARGETS OUTLINED IN
 THIS  SUBDIVISION AND SUBDIVISIONS THIRTY-TWO, THIRTY-FOUR, THIRTY-FIVE,
 A. 6066                             5
 
 AND FORTY OF THIS SECTION AND WHETHER THE AUTHORITY'S SPENDING AND OPER-
 ATIONS 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 ENERGY EFFICIENCY PROJECTS  AND
 SERVICES  COMPETITIVELY  PROCURED  SOLELY FROM ENERGY SERVICES COMPANIES
 THROUGH WRITTEN REQUESTS FOR PROPOSALS FROM THIRD PARTY PROVIDERS OF ALL
 GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO,  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 THIRTY-FIVE, PRIORITIZING FIRST PUBLIC AFFORDABLE  HOUSING  AND
 PUBLIC  SCHOOLS  IN  DISADVANTAGED COMMUNITIES. THE AUTHORITY SHALL HIRE
 AUTHORITY CONTRACTORS TO PERFORM  ENERGY  AUDITS,  RETROFITS  AND  OTHER
 EFFICIENCY  PROGRAMS  FOR  THESE  BUILDINGS,  AND PROVIDE INCENTIVES, IN
 CONJUNCTION 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 CONTRACTORS TO PERFORM LEAD ABATEMENT MEASURES
 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
 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;
 A. 6066                             6
 
   (F) REVENUES AND COSTS FOR EACH PROJECT FACILITY OF THE AUTHORITY;
   (G) ACCUMULATED PROVISION FOR DEPRECIATION OF EACH PROJECT FACILITY OF
 THE AUTHORITY;
   (H) FINANCIAL AND OPERATING INFORMATION IN THE AGGREGATE 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 GOAL OF THE CLIMATE LEADERSHIP AND COMMUNITY
 PROTECTION ACT.
   34. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ON  OR
 AFTER JANUARY FIRST, TWO THOUSAND THIRTY, THE AUTHORITY IS AUTHORIZED TO
 COMPETITIVELY  PROCURE ELECTRICITY FROM ENERGY SERVICE COMPANIES THROUGH
 WRITTEN REQUESTS FOR PROPOSALS FROM THIRD PARTY PROVIDERS OF  ALL  GOODS
 AND SERVICES FOR ALL STATE OWNED, LEASED, CONTROLLED, OR OPERATED BUILD-
 INGS,  AND  ON  OR  AFTER  JANUARY  FIRST, TWO THOUSAND THIRTY-FIVE, THE
 AUTHORITY IS AUTHORIZED TO COMPETITIVELY PROCURE ELECTRICITY FROM ENERGY
 SERVICE COMPANIES THROUGH WRITTEN  REQUESTS  FOR  PROPOSALS  FROM  THIRD
 PARTY  PROVIDERS OF GOODS AND SERVICES, FOR ALL MUNICIPAL OWNED, LEASED,
 CONTROLLED, OR OPERATED BUILDINGS THAT USE ELECTRICITY.
   35. (A) THE AUTHORITY IS  AUTHORIZED  TO  COMPETITIVELY  PROCURE  FROM
 ENERGY  SERVICE  COMPANIES  THROUGH  WRITTEN REQUESTS FOR PROPOSALS FROM
 THIRD PARTY PROVIDERS OF GOODS AND SERVICES RENEWABLE ENERGY  ON  BEHALF
 OF  RESIDENTIAL END-USE CUSTOMERS AND CCA COMMUNITIES, BOTH OF WHICH MAY
 CHOOSE TO BE CUSTOMERS OF THE AUTHORITY.  ANY  EXCESS  RENEWABLE  ENERGY
 PROCURED  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, WHICH CHOOSE TO BE CUSTOMERS OF THE AUTHORITY, FIRST,
 PRIORITIZING LOW-TO-MODERATE INCOME HOUSEHOLDS IN DISADVANTAGED COMMUNI-
 TIES,  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 PROCURED BY THE AUTHORITY SHALL BE SOLD THROUGH
 THE WHOLESALE MARKET AT THE WHOLESALE COST. FOR  THE  PURPOSES  OF  THIS
 PARAGRAPH,  THE  TERM  "LOW-TO-MODERATE  INCOME  HOUSEHOLDS"  SHALL MEAN
 HOUSEHOLDS WITH ANNUAL INCOMES AT OR BELOW EIGHTY PERCENT  OF  THE  AREA
 MEDIAN INCOME OF THE COUNTY OR METRO AREA WHERE THEY RESIDE.
   (B)  WITHIN  THREE YEARS FOLLOWING THE EFFECTIVE DATE OF THIS SUBDIVI-
 SION, THE AUTHORITY'S TRUSTEES, IN CONSULTATION WITH THE NEW YORK  STATE
 ENERGY  RESEARCH AND DEVELOPMENT AUTHORITY'S REGIONAL CLEAN ENERGY HUBS,
 SHALL DEVELOP A PROGRESSIVE RATE STRUCTURE BASED ON  INCOME  AND  ENERGY
 USAGE  TO  BE  OFFERED TO ITS CUSTOMERS AND 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, UPON CONSULTATION WITH THE NEW YORK STATE DEPART-
 MENT OF PUBLIC SERVICE, IS AUTHORIZED TO SELL UP TO  THIRTY  PERCENT  OF
 THE  ELECTRICITY  THAT  IT  COMPETITIVELY  PROCURES  FROM ENERGY SERVICE
 COMPANIES THROUGH  WRITTEN  REQUESTS  FOR  PROPOSALS  FROM  THIRD  PARTY
 PROVIDERS OF GOODS AND SERVICES FOR RESIDENTIAL AND COMMERCIAL CUSTOMERS
 TO CUSTOMERS OF THE LONG ISLAND POWER AUTHORITY, ESTABLISHED UNDER TITLE
 ONE-A  OF  THIS  ARTICLE,  WHICH  CHOOSE TO RECEIVE ELECTRICITY FROM THE
 A. 6066                             7
 
 AUTHORITY, AND THE LONG ISLAND POWER AUTHORITY IS AUTHORIZED TO PURCHASE
 SUCH 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 POWER AUTHORITY PUBLIC RENEWABLES
 STANDBY 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 SHALL BE MADE ON AN ANNUAL BASIS NO LATER THAN  DECEMBER  THIR-
 TY-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 DETERMI-
 NATION. IF THE AUTHORITY'S TRUSTEES HAVE ISSUED DETERMINATIONS FOR THREE
 CONSECUTIVE YEARS THAT NO SUCH WAIVER  IS  WARRANTED  PURSUANT  TO  THIS
 SUBDIVISION,  THEN  THE AUTHORITY SHALL NO LONGER BE REQUIRED TO PROVIDE
 THE ANNUAL DETERMINATION REQUIRED BY THIS SUBDIVISION.
   39. THE AUTHORITY  SHALL  WORK  WITH  EXISTING  WORKFORCE  DEVELOPMENT
 PROGRAMS,  UNION  APPRENTICESHIP PROGRAMS, AND REGIONAL COMMUNITY ENERGY
 HUBS TO PUBLISH A REPORT ON THE WAYS THAT THE CONSTRUCTION OF  RENEWABLE
 PROJECTS  CAN  BEST  SUPPORT THE DEVELOPMENT OF SKILLED, WELL PAID LOCAL
 WORKFORCES IN THE RENEWABLE ENERGY SECTOR, AND SHALL  PROVIDE  FINANCIAL
 SUPPORT  THROUGH THE JUST TRANSITION FUND ESTABLISHED PURSUANT TO SUBDI-
 VISION THIRTY-SEVEN OF  THIS  SECTION  FOR  PRE-APPRENTICESHIP  PROGRAMS
 THROUGH LOCAL COMMUNITY-BASED ORGANIZATIONS THAT WORK WITH DISADVANTAGED
 COMMUNITIES AND UNION RUN WORKFORCE DEVELOPMENT INSTITUTIONS, WHERE THIS
 SUPPORT  IS  FOUND  TO BE NECESSARY TO THE EFFECTIVE DEVELOPMENT OF THIS
 WORKFORCE ACCORDING TO THE REPORT.
   40. FOR ENERGY PROJECTS THAT THE AUTHORITY, (A) BUILDS ON, IF  AUTHOR-
 IZED PURSUANT TO SUBDIVISION THIRTY OF THIS SECTION, OR (B) COMPETITIVE-
 A. 6066                             8
 
 LY  PROCURES  FROM ENERGY SERVICE COMPANIES THROUGH WRITTEN REQUESTS FOR
 PROPOSALS FROM THIRD PARTY PROVIDERS OF GOODS AND SERVICES FOR,  PROPER-
 TIES OF THE NEW YORK CITY HOUSING AUTHORITY, INCLUDING HEAT PUMP INSTAL-
 LATIONS,  RETROFITS, WEATHERIZATION MEASURES, AND LEAD, MOLD, AND ASBES-
 TOS REMEDIATION, BOTH THE AUTHORITY AND ITS CONTRACTORS SHALL PRIORITIZE
 HIRING RESIDENTS OF  THESE  PROPERTIES,  PROVIDED  THAT  RESIDENTS  MEET
 CONSIDERATIONS  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 OR  PROCURING  PROJECTS
 TO  ASSESS  THEIR NEEDS AND MINIMIZE DISRUPTION, NUISANCE, PUBLIC HEALTH
 RISKS, AND DISPLACEMENT DURING ANY  REMEDIATION,  RETROFIT,  WEATHERIZA-
 TION,  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
 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.
   41.  (A)  NOTHING  IN  THE  NEW YORK POWER AUTHORITY PUBLIC RENEWABLES
 STANDBY ACT SHALL ALTER THE RIGHTS OR BENEFITS, AND PRIVILEGES,  INCLUD-
 ING,  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 POWER AUTHORITY PUBLIC RENEWABLES
 STANDBY ACT SHALL RESULT IN: (I) THE DISCHARGE, DISPLACEMENT, OR LOSS OF
 POSITION, INCLUDING PARTIAL DISPLACEMENT SUCH  AS  A  REDUCTION  IN  THE
 HOURS  OF  NON-OVERTIME  WORK,  WAGES,  OR EMPLOYMENT BENEFITS; (II) THE
 IMPAIRMENT OF  EXISTING  COLLECTIVE  BARGAINING  AGREEMENTS;  (III)  THE
 TRANSFER  OF  EXISTING  DUTIES  AND  FUNCTIONS;  OR (IV) THE TRANSFER OF
 FUTURE DUTIES AND FUNCTIONS, 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 POWER AUTHORITY PUBLIC RENEWABLES STANDBY 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 ONGO-
 ING MATERIAL CONDITION OF AUTHORIZATION TO OPERATE AND MAINTAIN A RENEW-
 ABLE ENERGY PROJECT DEVELOPED PURSUANT TO THE NEW YORK  POWER  AUTHORITY
 PUBLIC  RENEWABLES  STANDBY  ACT. THE MEMORANDUM SHALL ONLY APPLY TO THE
 EMPLOYEES NECESSARY FOR THE MAINTENANCE AND OPERATION OF SUCH  RENEWABLE
 ENERGY  GENERATION  PROJECTS.  SUCH  MEMORANDUM SHALL CONTAIN BUT NOT BE
 LIMITED TO SAFETY AND TRAINING STANDARDS,  DISASTER  RESPONSE  MEASURES,
 GUARANTEED  HOURS,  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 EMPLOYMENT OR WILL BE LOSING THEIR EMPLOYMENT IN THE  NON-RE-
 A. 6066                             9
 
 NEWABLE  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  POWER  AUTHORITY  PUBLIC
 RENEWABLES STANDBY 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 THEY SHALL PROPORTIONALLY BE SELECTED
 FROM  LABOR  UNION  REPRESENTATIVES THAT REPRESENT BOTH EMPLOYEES OF THE
 AUTHORITY AND EMPLOYEES OF CONSTRUCTION CONTRACTORS  OF  THE  AUTHORITY,
 ENVIRONMENTAL  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. Each trustee  shall  hold  office  until  a
 successor  has  been  appointed  and qualified. 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 qualified. In the event of a vacancy occurring in the
 office  of  the trustee by death, resignation or otherwise, the governor
 shall, by and with the advice and  consent  of  the  senate,  appoint  a
 successor,  who  shall hold office for the unexpired term. Four trustees
 shall constitute a quorum for the purpose of  organizing  the  authority
 and  conducting  the  business  thereof],  OR, IN THE EVENT OF A VACANCY
 OCCURRING IN THE OFFICE OF THE TRUSTEE BY DEATH, RESIGNATION  OR  OTHER-
 WISE,  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
 A. 6066                            10
 
 QUORUM  FOR  THE  PURPOSE OF ORGANIZING THE AUTHORITY AND CONDUCTING THE
 BUSINESS THEREOF. ANY AUTHORITY TRUSTEE  OR BOARD MEMBER MAY  BE  TERMI-
 NATED  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  SECTION  ONE
 THOUSAND  FIVE  OF  THIS TITLE; 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. Section 1014 of the public authorities law, as amended by chapter
 388 of the laws of 2011, is amended to read as follows:
   § 1014. Public service law not applicable to  authority;  inconsistent
 provisions  in  other acts superseded. The rates, services and practices
 relating to the generation, transmission, distribution and sale  by  the
 authority, of power to be generated from the projects authorized by this
 title  shall  not be subject to the provisions of the public service law
 nor to regulation by, nor the jurisdiction of the department  of  public
 service.  Except  to  the extent article seven of the public service law
 applies to the siting and operation  of  a  major  utility  transmission
 facility  as  defined therein, and article ten of the public service law
 applies to the siting of a major electric generating facility as defined
 therein, and except to the  extent  section  eighteen-a  of  the  public
 service  law  provides for assessment of the authority for certain costs
 relating thereto, AND  EXCEPT  TO  THE  EXTENT  SECTION NINETY-FOUR-C OF
 THE EXECUTIVE LAW APPLIES TO THE SITING OF A MAJOR   RENEWABLE    ENERGY
 FACILITY  AS  DEFINED  THEREIN, AND SECTION EIGHT OF PART JJJ OF CHAPTER
 FIFTY-EIGHT OF THE LAWS OF TWO THOUSAND TWENTY APPLIES TO A HOST  COMMU-
 NITY BENEFIT, AND EXCEPT TO THE EXTENT SECTION 11-0535-C OF THE ENVIRON-
 MENTAL  CONSERVATION LAW APPLIES TO AN ENDANGERED AND THREATENED SPECIES
 MITIGATION BANK FUND, the provisions of the public service  law  and  of
 the  environmental  conservation law and every other law relating to the
 department of public service or the public service commission or to  the
 A. 6066                            11
 
 environmental  conservation  department  or  to the functions, powers or
 duties assigned to the division of water power and  control  by  chapter
 six  hundred  nineteen of the laws of nineteen hundred twenty-six, shall
 so  far  as is necessary to make this title effective in accordance with
 its terms and purposes be deemed to  be  superseded,  and  wherever  any
 provision  of law shall be found in conflict with the provisions of this
 title or inconsistent with the purposes thereof, it shall be  deemed  to
 be superseded, modified or repealed as the case may require.
   § 8. Combination gas and electric corporations, as defined by subdivi-
 sion  14  of  section two of the public service law, shall be prohibited
 from designing,  planning,  developing,  siting,  constructing,  owning,
 acquiring,  improving, reconstructing, rehabilitating, completing, main-
 taining,  managing,  operating,  installing,  implementing,   providing,
 administering, and leasing: renewable energy systems as defined by para-
 graph  (b)  of  subdivision 1 of section 66-p of the public service law;
 and electric generating facilities constructed on or after the effective
 date of this act.
   § 9. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, or section of this act shall be adjudged by any court of competent
 jurisdiction to be invalid, such judgment shall not affect,  impair,  or
 invalidate the remainder thereof, but shall be confined in its operation
 to  the  clause,  sentence,  paragraph,  subdivision, 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.
   § 10. This act shall take effect immediately.