S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9170
 
                           I N  A S S E M B L Y
 
                             February 12, 2024
                                ___________
 
 Introduced by M. of A. KELLES -- read once and referred to the Committee
   on Corporations, Authorities and Commissions
 
 AN  ACT to amend the public authorities law, in relation to establishing
   the green affordable pre-electrification program
 
   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 "green affordable pre-electrification fund" (GAP fund).
   § 2. Legislative intent. The  legislature  finds  that  a  significant
 portion  of  the state's residential buildings are old and in disrepair.
 This limits the eligibility of low- and moderate-income  households  for
 residential  energy efficiency, electrification, weatherization, instal-
 lation of insulation, and resiliency programs (empower+). These programs
 often do not cover the costs associated with renovations that would make
 such homes eligible for such programs. Given  the  limitation  of  these
 programs  to help make these homes eligible, there is a critical need to
 fund such improvements if the state is to comprehensively  reduce  emis-
 sions from residential buildings and achieve our climate goals.
   §  3.  The  public  authorities law is amended by adding a new section
 1872-b to read as follows:
   § 1872-B. GREEN AFFORDABLE  PRE-ELECTRIFICATION  PROGRAM.  1.    DEFI-
 NITIONS. FOR THE PURPOSES OF THIS SECTION:
   (A)  "HOME" SHALL MEAN A RESIDENTIAL DWELLING WHICH IS OWNER OR TENANT
 OCCUPIED.
   (B) "ELIGIBLE APPLICANT" SHALL MEAN AN OWNER OR TENANT OF  A  RESIDEN-
 TIAL  BUILDING  WHO WOULD BE INELIGIBLE FOR, OR WHO HAS BEEN DENIED, ANY
 LOCAL, STATE OR FEDERAL INCENTIVES, GRANTS OR LOANS FOR IMPROVEMENTS  OR
 PROJECTS  RELATING  TO  CLIMATE  CHANGE ADAPTATION AND RESILIENCY DUE TO
 STRUCTURAL DEFICIENCIES OR CODE VIOLATIONS WHICH MAKE  THE  BUILDING  OR
 PROPERTY INELIGIBLE OR UNSUITABLE FOR SUCH IMPROVEMENTS OR PROJECTS. THE
 AUTHORITY  MAY  ALSO  INCLUDE  AS AN ELIGIBLE APPLICANT; A CITY, TOWN OR
 VILLAGE; A HOUSING DEVELOPMENT FUND  COMPANY  INCORPORATED  PURSUANT  TO
 ARTICLE  ELEVEN  OF  THE PRIVATE HOUSING FINANCE LAW WHICH HAS AS ONE OF
 ITS PRIMARY PURPOSES THE IMPROVEMENT OF  HOUSING;  A  MUNICIPAL  HOUSING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14425-03-4
 A. 9170                             2
 
 AUTHORITY  CREATED  PURSUANT TO THE PUBLIC HOUSING LAW; A PUBLIC BENEFIT
 CORPORATION FORMED TO ASSIST PARTICULAR MUNICIPALITIES WITH THEIR  HOUS-
 ING,  COMMUNITY  DEVELOPMENT  OR  RENEWAL  NEEDS; OR A COUNTY, PROVIDED,
 HOWEVER,  THAT  THE  COUNTY  ACTS AS AN ADMINISTRATOR OF A PROGRAM UNDER
 WHICH PROJECTS ARE  CONSTRUCTED,  REHABILITATED  OR  IMPROVED  BY  OTHER
 ELIGIBLE APPLICANTS OR ACTS IN ANY OTHER CAPACITY AS PERMITTED BY LAW.
   (C)  "FINANCIAL  AWARDS"  SHALL  MEAN  INCENTIVES, GRANTS OR LOANS, AS
 DETERMINED APPROPRIATE BY THE AUTHORITY.
   (D) "ELIGIBLE REHABILITATION PROJECTS" SHALL MEAN ANY  WORK  NECESSARY
 TO  BRING A STRUCTURE INTO COMPLIANCE WITH APPLICABLE BUILDING CODES AND
 REGULATIONS OR OTHER IMPROVEMENTS NEEDED TO MAKE THE  BUILDING  ELIGIBLE
 FOR  LOCAL,  STATE,  OR  FEDERAL  PROGRAMS, INCENTIVES, GRANTS, OR LOANS
 RELATED TO IMPLEMENTING HOME IMPROVEMENTS  RELATING  TO  CLIMATE  CHANGE
 ADAPTATION  AND  RESILIENCY, INCLUDING, BUT NOT LIMITED TO, ENERGY EFFI-
 CIENCY, ELECTRIFICATION, WEATHERIZATION, OR THE  INSTALLATION  OF  INSU-
 LATION.  PROJECTS UNDER THIS SECTION SHALL NOT INCLUDE THE INSTALLATION,
 REPAIR, OR UPDATING OF EQUIPMENT WHICH USES FOSSIL FUELS INCLUDING,  BUT
 NOT  LIMITED  TO,  GASOLINE,  NATURAL  GAS, DIESEL, HOME HEATING OIL, OR
 COAL.
   2. GENERAL AND ADMINISTRATIVE PROVISIONS. THE AUTHORITY SHALL  PROMUL-
 GATE  RULES  AND  REGULATIONS FOR THE ADMINISTRATION OF THIS SECTION, IN
 CONSULTATION WITH THE DIVISION OF  HOUSING  AND  COMMUNITY  RENEWAL,  TO
 PROVIDE  FINANCIAL AND TECHNICAL ASSISTANCE FOR THE COMPLETION OF ELIGI-
 BLE REHABILITATION PROJECTS. SUCH RULES AND  REGULATIONS  SHALL  INCLUDE
 PROVISIONS  CONCERNING  THE  ELIGIBILITY OF GRANTEES FOR STATE FINANCIAL
 AWARDS; FUNDING CRITERIA AND THE FUNDING DETERMINATION  PROCESS;  SUPER-
 VISION AND EVALUATION OF THE AWARDEES; AND SUCH OTHER MATTERS NOT INCON-
 SISTENT WITH THE PURPOSES AND PROVISIONS OF THIS SECTION AS THE AUTHORI-
 TY  SHALL  DEEM  NECESSARY. THE AUTHORITY MAY PROVIDE TECHNICAL SERVICES
 AND ASSISTANCE, OR CONTRACT TO PROVIDE TECHNICAL  SERVICES  AND  ASSIST-
 ANCE,  TO  AWARDEES  TO  FACILITATE  COMPLIANCE  WITH THE PROVISIONS AND
 INTENT OF THIS SECTION WHICH MAY INCLUDE, BUT SHALL NOT BE  LIMITED  TO,
 CONSTRUCTION  SKILLS TRAINING, HOME INSPECTION, FINANCIAL PACKAGING, AND
 ENGINEERING AND ARCHITECTURAL SERVICES NECESSARY FOR THE PREPARATION  OF
 PROPOSALS  FOR ENTERING INTO CONTRACTS OR FOR THE CONTINUED OPERATION OF
 PROJECTS.
   3. GREEN REHABILITATION CONTRACTS. (A) SUBJECT TO AVAILABLE  APPROPRI-
 ATIONS,  THE AUTHORITY IS HEREBY AUTHORIZED TO ENTER INTO CONTRACTS WITH
 ELIGIBLE APPLICANTS TO PROVIDE FINANCIAL AWARDS FOR  THE  COMPLETION  OF
 ELIGIBLE REHABILITATION PROJECTS, SUBJECT TO THE TERMS AND CONDITIONS OF
 THIS  SECTION.  ANY FINANCIAL AWARD RECEIVED BY A MUNICIPALITY HEREUNDER
 SHALL NOT BE DEEMED TO BE MUNICIPAL  FUNDS.    RECIPIENTS  OF  FINANCIAL
 AWARDS  SHALL  UTILIZE FUNDS PROVIDED PURSUANT TO THIS SECTION SOLELY TO
 COVER OR REDUCE THE COST OF ELIGIBLE REHABILITATION  PROJECTS.  NO  MORE
 THAN  FIFTY  PERCENT  OF  THE TOTAL AMOUNT APPROPRIATED PURSUANT TO THIS
 SECTION IN ANY FISCAL YEAR SHALL BE ALLOCATED TO HOMES LOCATED WITHIN  A
 SINGLE MUNICIPALITY.
   (B) THE AUTHORITY SHALL STREAMLINE THE APPLICATION PROCESS BY INCORPO-
 RATING  THE GREEN AFFORDABLE PRE-ELECTRIFICATION PROGRAM INTO THE ELIGI-
 BILITY SECTION OF EXISTING PROGRAM APPLICATIONS OFFERED BY THE  AUTHORI-
 TY.
   (C)  APPLICANTS  MAY APPLY TO THE GREEN AFFORDABLE PRE-ELECTRIFICATION
 PROGRAM CONCURRENTLY WITH OTHER EXISTING PROGRAMS UPON  THE  APPLICANT'S
 PROVISION OF INFORMATION DETAILING ELIGIBLE REHABILITATION PROJECTS THAT
 WOULD  CAUSE  THE  APPLICANT  TO  BE DENIED FUNDING UNDER OTHER EXISTING
 PROGRAMS. NOTWITHSTANDING ANY SECTION  OF  LAW  TO  THE  CONTRARY,  SUCH
 A. 9170                             3
 
 CONCURRENT  APPLICATION  OR  THE  PROVISION  OF A FINANCIAL AWARD BY THE
 AUTHORITY SHALL NOT BE CAUSE TO DENY THE APPLICATION FOR  FUNDING  UNDER
 OTHER EXISTING PROGRAMS.
   (D) FINANCIAL AWARDS PROVIDED PURSUANT TO THIS SECTION SHALL COVER ONE
 HUNDRED  PERCENT  OF ASSOCIATED COSTS FOR OWNERS OR TENANTS WITH INCOMES
 UP TO EIGHTY PERCENT  OF  THE  STATE  MEDIAN  INCOME,  AND  SEVENTY-FIVE
 PERCENT  OF  ASSOCIATED COSTS FOR OWNERS OR TENANTS WITH INCOMES BETWEEN
 EIGHTY-ONE AND ONE HUNDRED FIFTY PERCENT  OF  THE  AREA  MEDIAN  INCOME,
 WHICHEVER  IS GREATER.  NOTWITHSTANDING THE FOREGOING, THE AUTHORITY MAY
 CAP TOTAL FINANCIAL AWARDS FOR EACH PROJECT PURSUANT  TO  THE  FOLLOWING
 SCHEDULE:
   (I)  FOR  A RESIDENTIAL BUILDING WITH UP TO FOUR DWELLING UNITS: (A) A
 MAXIMUM AWARD OF FORTY THOUSAND DOLLARS PER UNIT WHERE OWNERS OR TENANTS
 HAVE INCOMES UP TO EIGHTY PERCENT  OF  THE  STATE  OR  THE  AREA  MEDIAN
 INCOME,  WHICHEVER  IS  GREATER;  AND (B) A MAXIMUM AWARD OF THIRTY-FIVE
 THOUSAND DOLLARS PER UNIT WHERE OWNERS OR TENANTS HAVE  INCOMES  BETWEEN
 EIGHTY-ONE AND ONE HUNDRED FIFTY PERCENT OF THE STATE OR THE AREA MEDIAN
 INCOME, WHICHEVER IS GREATER;
   (II)  FOR  A  RESIDENTIAL  BUILDING  WITH MORE THAN FOUR BUT LESS THAN
 FIFTY DWELLING UNITS:  (A)  A  MAXIMUM  AWARD  OF  TWENTY-FIVE  THOUSAND
 DOLLARS  PER  UNIT  WHERE  OWNERS  OR  TENANTS HAVE INCOMES UP TO EIGHTY
 PERCENT OF THE STATE OR THE AREA MEDIAN INCOME,  WHICHEVER  IS  GREATER;
 AND (B) A MAXIMUM AWARD OF TWENTY THOUSAND DOLLARS PER UNIT WHERE OWNERS
 OR TENANTS HAVE INCOMES BETWEEN EIGHTY-ONE AND ONE HUNDRED FIFTY PERCENT
 OF THE STATE OR THE AREA MEDIAN INCOME, WHICHEVER IS GREATER; AND
   (III) FOR A RESIDENTIAL BUILDING WITH MORE THAN FIFTY DWELLING UNITS A
 MAXIMUM  AWARD  OF  FIFTEEN  THOUSAND  DOLLARS  PER UNIT WHERE OWNERS OR
 TENANTS HAVE INCOMES UP TO ONE HUNDRED FIFTY PERCENT OF THE STATE OR THE
 AREA MEDIAN INCOME, WHICHEVER IS GREATER.
   (E) THE AUTHORITY MAY CAP TOTAL FINANCIAL AWARDS FOR EACH PROJECT.
   (F) THE ELIGIBLE APPLICANT SHALL BE RESPONSIBLE TO SECURE  ALL  NECES-
 SARY  DESCRIPTIONS  OF  EXPENSES  FOR  ELIGIBLE  PROJECTS AND ASSOCIATED
 COSTS.
   (G) ELIGIBLE REHABILITATION PROJECTS, IF NOT COMPLETED BY  A  NOT-FOR-
 PROFIT  CORPORATION,  MAY  BE  COMPLETED BY A PRIVATE CONTRACTOR WHO HAS
 AGREED TO LIMIT THEIR PROFIT IN ACCORDANCE WITH A FORMULA ESTABLISHED BY
 THE AUTHORITY.
   (H) THE AUTHORITY SHALL PRIORITIZE THE CONTRACTING OF FINANCIAL AWARDS
 TO PROJECTS LOCATED WITHIN AN AREA WHICH  IS  AN  ENVIRONMENTAL  JUSTICE
 COMMUNITY,  BLIGHTED,  DETERIORATED OR DETERIORATING, OR HAS A BLIGHTING
 INFLUENCE ON THE SURROUNDING AREA, OR IS IN DANGER OF BECOMING A SLUM OR
 A BLIGHTED AREA BECAUSE OF THE  EXISTENCE  OF  SUBSTANDARD,  INSANITARY,
 DETERIORATING  OR DETERIORATED CONDITIONS, AGED HOUSING STOCK, OR VACANT
 NON-RESIDENTIAL PROPERTY, OR OTHER FACTORS INDICATING  AN  INABILITY  OR
 UNWILLINGNESS  OF THE PRIVATE SECTOR UNAIDED TO CAUSE THE REHABILITATION
 OF HOMES FOR WHICH FINANCIAL AWARDS UNDER THIS SECTION ARE PROVIDED.
   (I) THE AUTHORITY SHALL PROVIDE APPLICANTS WITH A LIST  OF  CONDITIONS
 THAT  MUST  BE  MET  PRIOR  TO ENTERING INTO A CONTRACT PURSUANT TO THIS
 SECTION. WITHIN FIFTEEN WORKING DAYS OF RECEIPT BY THE AUTHORITY OF  ALL
 DOCUMENTS  IN  SATISFACTION  OF THE LIST, THE AUTHORITY SHALL NOTIFY THE
 APPLICANT OF THE SUFFICIENCY  OR  INSUFFICIENCY  OF  THE  DOCUMENTATION.
 AFTER  SATISFACTION  BY  THE APPLICANT OF ALL CONDITIONS REQUIRED BY THE
 AUTHORITY, AND A DETERMINATION OF ELIGIBILITY, THE AUTHORITY SHALL ENTER
 INTO THE CONTRACT WITHIN FORTY-FIVE WORKING DAYS OF SATISFACTION OF SUCH
 CONDITIONS PROVIDED, HOWEVER, THAT SUFFICIENT FUNDING IS AVAILABLE.
 A. 9170                             4
 
   (J) IN THE CASE OF PROJECTS THAT  RECEIVE  FINANCIAL  AWARDS  OF  OVER
 FORTY  THOUSAND DOLLARS, THE AUTHORITY MAY ESTABLISH RESTRICTIONS ON THE
 SALE OF THE RESIDENCE OR ITS SUBUNITS TO QUALIFIED LOW-INCOME HOMEBUYERS
 FOR A PERIOD OF AT LEAST SIXTY  YEARS,  BUT  NO  MORE  THAN  NINETY-NINE
 YEARS,  AND  THE  AUTHORITY  MAY  ENSURE THIS RESTRICTION BY USE OF DEED
 RESTRICTIONS,  COMMUNITY  LAND  TRUSTS,  OR  LIMITED-EQUITY  COOPERATIVE
 OWNERSHIP STRUCTURES.
   (K)  IN  DETERMINING  FINANCIAL  AWARDS  PURSUANT TO THIS SECTION, THE
 AUTHORITY SHALL GIVE PREFERENCE TO APPLICATIONS BASED UPON THE EXTENT TO
 WHICH THE PROPOSED REHABILITATION PROJECT WILL:
   (I) SERVE THE LOWEST INCOME HOUSEHOLDS IN THE APPLICABLE REGION AND IS
 DESIGNED TO CONTINUE TO BE AFFORDABLE TO SUCH HOUSEHOLDS FOR A  SUBSTAN-
 TIAL PERIOD OF TIME;
   (II)  LEVERAGE PRIVATE AND OTHER PUBLIC INVESTMENT SO AS TO REDUCE THE
 AMOUNT OF ASSISTANCE PROVIDED PURSUANT TO THIS SECTION WHICH  IS  NECES-
 SARY TO COMPLETE SUCH PROJECTS;
   (III) CONTRIBUTE TO THE REHABILITATION OF THE NEIGHBORHOOD OR COMMUNI-
 TY IN WHICH THE PROGRAM IS LOCATED;
   (IV)  NOT DIRECTLY DISPLACE CURRENT LOW- AND MODERATE-INCOME RESIDENTS
 OF SUCH NEIGHBORHOOD OR COMMUNITY;
   (V) BE UNDERTAKEN AND COMPLETED IN A TIMELY FASHION; AND
   (VI) UTILIZE INNOVATIVE, COST-EFFECTIVE DESIGN TECHNIQUES AND BUILDING
 MATERIALS WHICH ENABLE THE DECONSTRUCTION OF  STRUCTURES  AND  REUSE  OR
 RECYCLING   OF   SUCH   DECONSTRUCTED   MATERIALS,   AND   WHICH  REDUCE
 CONSTRUCTION, REHABILITATION, OR OPERATING COSTS.
   (L) THE AUTHORITY SHALL PROVIDE FOR THE REVIEW, AT PERIODIC  INTERVALS
 NOT  LESS THAN ANNUALLY, OF THE PERFORMANCE OF CONTRACTED APPLICANTS AND
 RELATED REHABILITATION PROJECTS RECEIVING FINANCIAL AWARDS  PURSUANT  TO
 THIS SECTION. SUCH REVIEW SHALL, AMONG OTHER THINGS, BE FOR THE PURPOSES
 OF  ASCERTAINING  CONFORMITY  TO  CONTRACTUAL  PROVISIONS, THE FINANCIAL
 INTEGRITY AND EFFICIENCY OF AWARDEES AND THE EVALUATION OF THEIR  ACTIV-
 ITIES.  CONTRACTS  ENTERED  INTO  PURSUANT TO THIS SECTION MAY BE TERMI-
 NATED, FUNDS MAY BE WITHHELD AND UNSPENT FUNDS RECAPTURED BY THE AUTHOR-
 ITY UPON A FINDING  OF  SUBSTANTIAL  NONPERFORMANCE  OR  BREACH  BY  THE
 AWARDEE OF ITS OBLIGATIONS UNDER ITS CONTRACT.
   (M) NO CONTRACT MADE PURSUANT TO THIS SECTION SHALL BE LESS THAN FORTY
 THOUSAND  DOLLARS  WITH RESPECT TO A HOME OWNED OR OCCUPIED BY RESIDENTS
 EARNING LESS THAN EIGHTY-ONE PERCENT OF  AREA  MEDIAN  INCOME  OR  STATE
 MEDIAN INCOME, WHICHEVER IS GREATER.
   4. REPORTING. NO LATER THAN SEPTEMBER FIRST FOLLOWING THE FIRST FISCAL
 YEAR  COMMENCING  AFTER  THE  EFFECTIVE  DATE  OF THIS SECTION, AND EACH
 SEPTEMBER FIRST THEREAFTER, THE AUTHORITY SHALL PREPARE A REPORT ON  THE
 GREEN  AFFORDABLE  PRE-ELECTRIFICATION  PROGRAM PURSUANT TO THIS SECTION
 AND SUBMIT SUCH REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT  OF  THE
 SENATE,  AND THE SPEAKER OF THE ASSEMBLY. SUCH REPORT SHALL INCLUDE, BUT
 NOT BE LIMITED TO: THE TOTAL NUMBER OF APPLICANTS, THE NUMBERS OF APPLI-
 CANTS ACCEPTED AND REJECTED, AND THE NUMBER OF APPLICATIONS PENDING  FOR
 THAT  FISCAL  YEAR;  THE  TOTAL  NUMBER  AND  VALUE  OF FINANCIAL AWARDS
 DISBURSED; THE IDENTIFICATION OF BARRIERS TO THE UTILIZATION  OF  FINAN-
 CIAL  AWARDS AND PROPOSED SOLUTIONS FOR THE REMOVAL OF THOSE BARRIERS TO
 EFFECTUATE DISBURSAL OF FINANCIAL AWARDS.
   5. LABOR STANDARDS. THE AUTHORITY SHALL ESTABLISH A  QUALITY  CONTROL,
 CORRECTIVE ACTION, AND INSPECTION PROCESS TO ENSURE THAT WORK QUALITY IS
 ACCEPTABLE  AND  DURABLE.  ANY  CONTRACTOR  PERFORMING  WORK  UNDER THIS
 SECTION SHALL VERIFY THAT THEY HAVE ENTERED INTO A LABOR PEACE AGREEMENT
 WITH A BONA FIDE LABOR ORGANIZATION THAT IS ACTIVELY ENGAGED IN  REPRES-
 A. 9170                             5
 
 ENTING  OR  ATTEMPTING  TO  REPRESENT  THE APPLICANT'S EMPLOYEES AND THE
 MAINTENANCE OF SUCH A LABOR PEACE AGREEMENT SHALL BE AN ONGOING MATERIAL
 CONDITION OF RECEIVING FUNDS FROM THE AUTHORITY.
   §  4.  Severability.  If any clause, sentence, paragraph, subdivision,
 section or part of this act shall be adjudged by any court of  competent
 jurisdiction  to  be invalid, such judgment shall not affect, impair, or
 invalidate the remainder thereof, but shall be confined in its operation
 to the clause, sentence, paragraph, subdivision, section or part thereof
 directly involved in the controversy in which such 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.
   § 5. This act shall take effect immediately.