S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9413
 
                           I N  A S S E M B L Y
 
                              March 14, 2024
                                ___________
 
 Introduced  by  M. of A. GONZALEZ-ROJAS -- read once and referred to the
   Committee on Housing
 
 AN ACT to amend the state finance law, the public authorities  law,  the
   energy  law,  the emergency tenant protection act of nineteen seventy-
   four, the correction law, the tax law, the executive law and the labor
   law, in relation to enacting the Livable New York act; and  making  an
   appropriation therefor
 
   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 "Livable New York act".
   §  2.  Legislative findings. The legislature hereby finds that all New
 Yorkers deserve a livable future. To effectuate this  future,  New  York
 must  act quickly to fight back against climate change and provide addi-
 tional affordable housing.
   § 3. The state finance law is amended by adding a new section 99-rr to
 read as follows:
   § 99-RR. LIVABLE NEW YORK FUND. 1. THERE IS HEREBY ESTABLISHED IN  THE
 JOINT  CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE AND THE STATE
 COMPTROLLER A SPECIAL FUND TO BE KNOWN AS THE "LIVABLE NEW YORK FUND".
   2. THE COMPTROLLER SHALL ESTABLISH THE FOLLOWING SEPARATE AND DISTINCT
 ACCOUNTS WITHIN THE LIVABLE NEW YORK FUND:
   (A) ENERGY EFFICIENCY TRANSITION ACCOUNT; AND
   (B) HOUSING AND CODE ENFORCEMENT ACCOUNT.
   3. (A) THE LIVABLE NEW YORK FUND ENERGY EFFICIENCY TRANSITION  ACCOUNT
 SHALL  CONSIST  OF MONEYS APPROPRIATED, CREDITED, OR TRANSFERRED THERETO
 FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.  MONEYS  OF  THE  ACCOUNT
 SHALL  BE EXPENDED FOR THE PURPOSES OF PROVIDING BENEFITS TO HELP EXIST-
 ING HOUSING UNITS TRANSITION TO HIGH ENERGY EFFICIENCY APPLIANCES.
   (B) THE LIVABLE NEW YORK FUND HOUSING  AND  CODE  ENFORCEMENT  ACCOUNT
 SHALL  CONSIST  OF MONEYS APPROPRIATED, CREDITED, OR TRANSFERRED THERETO
 FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.  MONEYS  OF  THE  ACCOUNT
 SHALL  BE  EXPENDED  FOR THE PURPOSES OF PROVIDING FUNDING FOR A HOUSING
 DEVELOPMENT SUBSIDY SET FORTH PURSUANT TO TITLE TWO OF ARTICLE  THIRTEEN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14631-02-4
 A. 9413                             2
 
 OF THE EXECUTIVE LAW, AS WELL AS MAKING FUNDING AVAILABLE FOR LOCALITIES
 TO USE FOR CODE ENFORCEMENT, AND ANY OTHER SUCH PURPOSES AS PROVIDED FOR
 BY LAW.
   4. MONEYS IN THE LIVABLE NEW YORK FUND SHALL BE KEPT SEPARATE FROM AND
 SHALL  NOT  BE  COMMINGLED  WITH  ANY OTHER MONEYS IN THE CUSTODY OF THE
 COMPTROLLER OR THE  COMMISSIONER  OF  TAXATION  AND  FINANCE.  PROVIDED,
 HOWEVER, THAT ANY MONEYS OF THE FUND NOT REQUIRED FOR IMMEDIATE USE MAY,
 AT  THE DISCRETION OF THE COMPTROLLER, IN CONSULTATION WITH THE DIRECTOR
 OF THE DIVISION OF BUDGET, BE INVESTED BY THE COMPTROLLER IN OBLIGATIONS
 OF THE UNITED STATES OR THE STATE. THE PROCEEDS OF ANY  SUCH  INVESTMENT
 SHALL  BE  RETAINED BY THE FUND AS ASSETS TO BE USED FOR THE PURPOSES OF
 THE FUND.
   § 4. The public authorities law is amended by  adding  a  new  section
 1885 to read as follows:
   §  1885.  ENERGY  EFFICIENCY  TRANSITION PROGRAM. 1. THE AUTHORITY, IN
 CONSULTATION WITH THE DEPARTMENT OF PUBLIC SERVICE,  SHALL  ESTABLISH  A
 PROGRAM  TO  AID IN THE TRANSITION OF ALL EXISTING HOUSING UNITS HEATING
 AND COOLING FROM RELIANCE ON COMBUSTING OIL AND GAS,  TO  ELECTRIC  HEAT
 PUMPS AND OTHER HIGH ENERGY EFFICIENCY UPGRADES, SYSTEMS AND SERVICES.
   2.  USING  FUNDS  MADE AVAILABLE FROM THE LIVABLE NEW YORK FUND AS SET
 FORTH IN SECTION NINETY-NINE-RR OF THE STATE FINANCE LAW, THE  AUTHORITY
 SHALL  ENSURE THAT ANY BUILDING OR HOUSEHOLD EXISTING IN A DISADVANTAGED
 COMMUNITY, AS SUCH TERM IS DEFINED IN SECTION 75-0101  OF  THE  ENVIRON-
 MENTAL  CONSERVATION  LAW,  OR  BUILDINGS  HOUSING FORMERLY-INCARCERATED
 INDIVIDUALS, WITH A PRIORITY TO BUILDINGS OWNED BY LOW-INCOME HOMEOWNERS
 OR RENTED TO LOW-INCOME TENANTS, SHALL BE ELIGIBLE FOR FULL-COST FUNDING
 FOR THE PROCUREMENT AND INSTALLATION OF EQUIPMENT TO BE  COMPLIANT  WITH
 THE  ENERGY  EFFICIENCY  STANDARDS SET FORTH UNDER SECTION 11-104 OF THE
 ENERGY LAW, INCLUDING THE PROCUREMENT  AND  INSTALLATION  OF  NON-FOSSIL
 FUEL  HEATING  AND  COOLING  AND HOT WATER SYSTEMS AND OTHER HIGH ENERGY
 EFFICIENCY SYSTEMS, INCLUDING ELECTRICAL PANEL AND WIRING  UPGRADES  AND
 INDUCTION  OR ELECTRIC STOVES. FOR PURPOSES OF THIS PARAGRAPH, INSTALLA-
 TION SHALL ALSO INCLUDE BRINGING ELIGIBLE HOUSING INTO A STATE  OF  GOOD
 REPAIR.
   3.  USING  FUNDS  MADE AVAILABLE FROM THE LIVABLE NEW YORK FUND AS SET
 FORTH IN SECTION NINETY-NINE-RR OF THE STATE FINANCE LAW, THE  AUTHORITY
 SHALL  CREATE A PROGRAM TO PAY UP TO FIFTY THOUSAND DOLLARS PER UNIT FOR
 ANY PRIVATELY OWNED RESIDENTIAL HOUSING FOR THE PROCUREMENT AND  INSTAL-
 LATION OF EQUIPMENT TO BE COMPLIANT WITH THE ENERGY EFFICIENCY STANDARDS
 SET FORTH UNDER SECTION 11-104 OF THE ENERGY LAW, INCLUDING THE PROCURE-
 MENT  AND  INSTALLATION  OF  NON-FOSSIL FUEL HEATING AND COOLING AND HOT
 WATER SYSTEMS AND OTHER HIGH ENERGY EFFICIENCY SYSTEMS, INCLUDING  ELEC-
 TRICAL  PANEL  AND  WIRING UPGRADES AND INDUCTION OR ELECTRIC STOVES, AS
 WELL AS TO ENSURE THAT SUCH HOUSING IS IN A STATE OF GOOD REPAIR.
   4. USING FUNDS MADE AVAILABLE FROM THE LIVABLE NEW YORK  FUND  AS  SET
 FORTH  IN SECTION NINETY-NINE-RR OF THE STATE FINANCE LAW, THE AUTHORITY
 SHALL SUBSIDIZE THE PROCUREMENT AND  INSTALLATION  OF  EQUIPMENT  TO  BE
 COMPLIANT  WITH  THE ENERGY EFFICIENCY STANDARDS SET FORTH UNDER SECTION
 11-104 OF THE ENERGY LAW, INCLUDING THE PROCUREMENT AND INSTALLATION  OF
 NON-FOSSIL FUEL HEATING AND COOLING AND HOT WATER SYSTEMS AND OTHER HIGH
 ENERGY  EFFICIENCY  SYSTEMS, FOR ALL PUBLIC HOUSING UNITS THROUGHOUT THE
 STATE, AS WELL AS TO ENSURE THAT SUCH HOUSING IS  IN  A  STATE  OF  GOOD
 REPAIR.
   5.  USING  FUNDS  MADE AVAILABLE FROM THE LIVABLE NEW YORK FUND AS SET
 FORTH IN SECTION NINETY-NINE-RR OF THE STATE FINANCE LAW, THE  AUTHORITY
 SHALL  ESTABLISH  AFFORDABILITY  PROGRAMS TO PAY ANY ADDITIONAL COSTS OF
 A. 9413                             3

 UTILITY BILLS IN ORDER TO ENSURE THAT NO LOW-TO-MODERATE  INCOME  HOUSE-
 HOLDS FACE A HIGHER COST FOR HEATING AND COOLING THAT MAY BE INCURRED AS
 A  RESULT  OF CONVERSION TO ELECTRIC HEAT PUMPS AND/OR OTHER HIGH ENERGY
 EFFICIENCY  EQUIPMENT  FOR HEATING AND COOLING. FOR THE PURPOSES OF THIS
 PARAGRAPH "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.
   6.  (A) THE AUTHORITY SHALL PROMULGATE REQUIREMENTS FOR ELIGIBILITY TO
 RECEIVE FUNDS UNDER THIS PROGRAM WHICH PROHIBIT BUILDINGS FROM  INITIAT-
 ING  EVICTION  PROCEEDINGS,  FAIL  TO RENEW A LEASE OR OTHERWISE SEEK TO
 REMOVE A TENANT FROM HOUSING ACCOMMODATION, EXCEPT:
   (I) IN SITUATIONS OF NON-PAYMENT OF RENT;
   (II) WHERE THE TENANT IS VIOLATING A  SUBSTANTIAL  OBLIGATION  OF  THE
 TENANCY AND HAS FAILED TO CURE SUCH VIOLATION WITHIN TEN DAYS;
   (III)  WHERE  THE TENANT IS COMMITTING OR PERMITTING A NUISANCE IN THE
 HOUSING ACCOMMODATION;
   (IV) WHERE THE TENANT'S OCCUPANCY OR USE OR PERMITTED USE OF THE HOUS-
 ING ACCOMMODATION IS IN VIOLATION OF THE LAW; OR
   (V) WHERE THE TENANT HAS UNREASONABLY REFUSED THE LANDLORD'S ACCESS TO
 THE HOUSING ACCOMMODATION FOR THE PURPOSE OF MAKING REPAIRS AND IMPROVE-
 MENTS.
   (B) A RENT INCREASE IS PRESUMED TO BE UNREASONABLE AND, THEREFORE, NOT
 A BASIS FOR EVICTION, IF IT EXCEEDS EITHER THREE PERCENT OF THE PREVIOUS
 RENTAL AMOUNT OR ONE AND ONE-HALF TIMES THE ANNUAL PERCENTAGE CHANGE  IN
 THE CONSUMER PRICE INDEX FOR THE RELEVANT REGION, WHICHEVER IS HIGHER.
   7.  THE  AUTHORITY  SHALL  PROMULGATE  REQUIREMENTS FOR ELIGIBILITY TO
 RECEIVE FUNDS UNDER THIS PROGRAM  OVER  FIFTY  THOUSAND  DOLLARS,  WHICH
 INCLUDE  THAT  ALL WORK DONE IN THE PROCUREMENT AND INSTALLATION OF NON-
 FOSSIL FUEL HEATING SYSTEMS ON STATE-OWNED PROPERTIES OR  IN  PROPERTIES
 THAT  RECEIVE  SUBSIDIES FROM THE STATE 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  ESTAB-
 LISHING  THE  LABOR  ORGANIZATION AS THE COLLECTIVE BARGAINING REPRESEN-
 TATIVE 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.
   8.  THE  AUTHORITY, IN CONSULTATION WITH THE DEPARTMENT OF CORRECTIONS
 AND COMMUNITY SUPERVISION, SHALL PROMULGATE REQUIREMENTS FOR ELIGIBILITY
 TO RECEIVE FUNDS UNDER THIS PROGRAM OVER  FIFTY  THOUSAND  DOLLARS,  ALL
 WORK DONE IN THE PROCUREMENT AND INSTALLATION OF NON-FOSSIL FUEL HEATING
 SYSTEMS  ON  STATE-OWNED PROPERTIES OR IN PROPERTIES THAT RECEIVE SUBSI-
 DIES FROM THE STATE SHALL, TO  THE  GREATEST  EXTENT  POSSIBLE,  PROVIDE
 TRAINING AND HIRING OF FORMERLY INCARCERATED INDIVIDUALS.
   9. (A) NOTHING IN THIS PROGRAM 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 MEMBER-
 SHIP, OF ANY CURRENT EMPLOYEES OF THE AUTHORITY.
   (B) NOTHING IN THIS  PROGRAM  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
 A. 9413                             4
 
 BENEFITS;  (II)  THE IMPAIRMENT OF EXISTING COLLECTIVE BARGAINING AGREE-
 MENTS; OR (III) THE TRANSFER OF EXISTING DUTIES AND FUNCTIONS.
   10.  NO  LATER  THAN  DECEMBER  FIRST,  TWO  THOUSAND TWENTY-FOUR, THE
 AUTHORITY SHALL DETERMINE THE MINIMUM ENERGY  EFFICIENCY  STANDARDS  FOR
 BUILDINGS.
   11.  THE AUTHORITY SHALL ISSUE RELEVANT GUIDANCE REGARDING CHANGES SET
 FORTH IN SUBDIVISIONS SEVEN AND EIGHT OF SECTION 11-104  OF  THE  ENERGY
 LAW, INCLUDING PROGRAMS OFFERED BY THE AUTHORITY THAT WILL PROVIDE FUND-
 ING  TO  ASSIST  WITH  COMPLIANCE  WITH SUCH SUBDIVISIONS. THE AUTHORITY
 SHALL MAKE SUCH INFORMATION AVAILABLE BY ENGAGING AND PAYING FOR  LARGE-
 SCALE   ADVERTISING,   MAILINGS,   DOOR-TO-DOOR   CANVASSING,  COMMUNITY
 OUTREACH, PROGRAMMING IN SCHOOLS, AND ANYTHING ELSE THE AUTHORITY  DEEMS
 NECESSARY  AND REASONABLE TO ENSURE THE PUBLIC IS FULLY AWARE AND THAT A
 WIDE UNDERSTANDING THAT SUCH PROGRAMS EXIST IS ACHIEVED IN THE PUBLIC IN
 ALL REGIONS AND DEMOGRAPHICS OF THE STATE.
   § 5. Subdivisions 2 and 4 of section  1-103  of  the  energy  law,  as
 amended  by  chapter  83  of  the  laws  of 1995, are amended to read as
 follows:
   2. "Office" as used in sections 5-108,  5-111,  5-113,  and  5-117  of
 article five and articles six, seven, eight [and], ten AND TWENTY-TWO of
 this  chapter shall mean the New York state energy research and develop-
 ment authority established pursuant  to  article  eight  of  the  public
 authorities law.
   4. "Commissioner"  as  used in sections 5-108, 5-111, 5-113, and 5-117
 of article five and articles six, seven, eight [and], ten AND TWENTY-TWO
 of this chapter shall mean the president of the New  York  state  energy
 research and development authority.
   §  6.  The energy law is amended by adding a new article 22 to read as
 follows:
 
                                ARTICLE 22
                   BUILDING ENERGY AND EMISSIONS LIMITS
 SECTION 22-101. PURPOSE.
         22-103. EMISSIONS LIMITS IN BUILDINGS UNDER TEN THOUSAND  SQUARE
                   FEET.
         22-105. EMISSIONS  LIMITS  IN BUILDINGS TEN THOUSAND SQUARE FEET
                   AND LARGER.
         22-107. EXEMPTIONS.
   § 22-101. PURPOSE. IN FURTHERANCE OF THE POLICY SET FORTH BY  THE  NEW
 YORK STATE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT, THE LEGISLA-
 TURE HEREBY DIRECTS THAT BUILDING ENERGY AND EMISSIONS LIMITS BE ADOPTED
 TO  PROTECT  THE  HEALTH, SAFETY AND SECURITY OF THE PEOPLE OF THE STATE
 AND TO ASSURE THAT CLEAN ENERGY IS USED IN DESIGN  AND  CONSTRUCTION  OF
 ALL PUBLIC AND PRIVATE BUILDINGS IN THE STATE, AS WELL AS TO FURTHER THE
 ECONOMIC  DEVELOPMENT  OF  THE  STATE,  INCLUDING  THE CREATION OF GOOD,
 CAREER-SUPPORTING JOBS AND TO LOWER UTILITY BILLS THROUGH  ENERGY  EFFI-
 CIENCY.
   §  22-103.  EMISSIONS  LIMITS  IN  BUILDINGS UNDER TEN THOUSAND SQUARE
 FEET. 1. AFTER  DECEMBER  THIRTY-FIRST,  TWO  THOUSAND  TWENTY-NINE,  NO
 PERSON  SHALL  BE  PERMITTED  TO REPLACE SYSTEMS USING COMBUSTION OF ANY
 SUBSTANCE FOR HEATING OR COOLING OR PROVIDING HOT WATER FOR  A  BUILDING
 UNDER  TEN THOUSAND SQUARE FEET WITH ANYTHING THAT CAUSES THE COMBUSTION
 OF ANY SUBSTANCE THAT EMITS TWENTY-FIVE  KILOGRAMS  OR  MORE  OF  CARBON
 DIOXIDE  PER  MILLION  BRITISH THERMAL UNITS OF ENERGY, AS DETERMINED BY
 THE UNITED STATES ENERGY INFORMATION ADMINISTRATION.
 A. 9413                             5
 
   2. NOTWITHSTANDING THE PROHIBITION IN SUBDIVISION ONE OF THIS SECTION,
 COMBUSTION OF A SUBSTANCE THAT EMITS  TWENTY-FIVE  KILOGRAMS  OF  CARBON
 DIOXIDE  PER  MILLION  BRITISH  THERMAL UNITS OF ENERGY OR MORE SHALL BE
 PERMITTED FOR USE WITHIN SUCH A BUILDING WHERE THE  COMBUSTION  OF  SUCH
 SUBSTANCE OCCURS IN CONNECTION WITH A DEVICE THAT CONTAINS NO CONNECTION
 TO A BUILDING'S GAS SUPPLY LINE OR FUEL OIL PIPING SYSTEM, IS USED ON AN
 INTERMITTENT  BASIS,  AND  IS  NOT  USED TO SUPPLY A BUILDING WITH HEAT,
 COOLING OR HOT WATER.
   § 22-105. EMISSIONS LIMITS IN BUILDINGS TEN THOUSAND SQUARE  FEET  AND
 LARGER.  1.  AFTER  DECEMBER  THIRTY-FIRST, TWO THOUSAND THIRTY-FOUR, NO
 PERSON SHALL BE PERMITTED TO REPLACE SYSTEMS  USING  COMBUSTION  OF  ANY
 SUBSTANCE  FOR  HEATING OR COOLING OR PROVIDING HOT WATER FOR A BUILDING
 TEN THOUSAND SQUARE  FEET  OR  LARGER  WITH  ANYTHING  THAT  CAUSES  THE
 COMBUSTION  OF ANY SUBSTANCE THAT EMITS TWENTY-FIVE KILOGRAMS OR MORE OF
 CARBON DIOXIDE PER MILLION BRITISH THERMAL UNITS OF  ENERGY,  AS  DETER-
 MINED BY THE UNITED STATES ENERGY INFORMATION ADMINISTRATION.
   2. NOTWITHSTANDING THE PROHIBITION IN SUBDIVISION ONE OF THIS SECTION,
 COMBUSTION  OF  A  SUBSTANCE  THAT EMITS TWENTY-FIVE KILOGRAMS OF CARBON
 DIOXIDE PER MILLION BRITISH THERMAL UNITS OF ENERGY  OR  MORE  SHALL  BE
 PERMITTED  FOR  USE  WITHIN SUCH A BUILDING WHERE THE COMBUSTION OF SUCH
 SUBSTANCE OCCURS IN CONNECTION WITH A DEVICE THAT CONTAINS NO CONNECTION
 TO A BUILDING'S GAS SUPPLY LINE OR FUEL OIL PIPING SYSTEM, IS USED ON AN
 INTERMITTENT BASIS, AND IS NOT USED TO  SUPPLY  A  BUILDING  WITH  HEAT,
 COOLING OR HOT WATER.
   §  22-107. EXEMPTIONS. 1. NOTWITHSTANDING THE PROVISIONS OF THIS ARTI-
 CLE, THE STATE FIRE PREVENTION AND  BUILDING  CODE  COUNCIL  MAY  EXEMPT
 SYSTEMS  FOR  EMERGENCY  BACK-UP  HEATING, BUT IN DOING SO SHALL SEEK TO
 MINIMIZE EMISSIONS AND MAXIMIZE HEALTH, SAFETY, AND FIRE-PROTECTION.  IN
 SUCH CASES, THE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE
 SHALL  LIMIT THE INFRASTRUCTURE, BUILDING SYSTEMS, OR EQUIPMENT USED FOR
 THE COMBUSTION OF FOSSIL FUELS TO THE SYSTEM AND AREA OF A BUILDING  FOR
 WHICH  A  PROHIBITION  ON INFRASTRUCTURE, BUILDING SYSTEMS, OR EQUIPMENT
 USED FOR THE COMBUSTION OF FOSSIL FUELS IS INFEASIBLE.  TO  THE  FULLEST
 EXTENT  FEASIBLE, THE CODE SHALL REQUIRE THAT THE AREA OR SERVICE WITHIN
 THE PROJECT WHERE INFRASTRUCTURE, BUILDING SYSTEMS,  OR  EQUIPMENT  USED
 FOR  THE  COMBUSTION OF FOSSIL FUELS ARE INSTALLED SHALL BE ALL-ELECTRIC
 READY. FINANCIAL CONSIDERATIONS SHALL NOT BE SUFFICIENT BASIS TO  DETER-
 MINE  PHYSICAL  OR  TECHNICAL  INFEASIBILITY.    EXEMPTIONS  OR  WAIVERS
 PROVIDED UNDER THIS SUBDIVISION SHALL BE REVIEWED DURING EACH MAJOR CODE
 UPDATE CYCLE TO DETERMINE WHETHER THEY ARE STILL NEEDED.
   2. THE PROVISIONS SET FORTH IN SECTIONS  22-103  AND  22-105  OF  THIS
 ARTICLE  SHALL  NOT  BE CONSTRUED AS APPLYING TO GENERATION OF EMERGENCY
 BACK-UP POWER AND STANDBY POWER SYSTEMS, OR IN A BUILDING OR PART  OF  A
 BUILDING  THAT  IS  USED  AS  A  MANUFACTURING FACILITY, COMMERCIAL FOOD
 ESTABLISHMENT, LABORATORY, CAR WASH, LAUNDROMAT, HOSPITAL, OTHER MEDICAL
 FACILITY, CRITICAL INFRASTRUCTURE, INCLUDING BUT NOT LIMITED TO EMERGEN-
 CY MANAGEMENT FACILITIES, WASTEWATER  TREATMENT  FACILITIES,  AND  WATER
 TREATMENT  AND  PUMPING  FACILITIES,  AGRICULTURAL  BUILDING,  FUEL CELL
 SYSTEM, OR CREMATORIUM, AS SUCH TERMS ARE  DEFINED  BY  THE  STATE  FIRE
 PREVENTION AND BUILDING CODE COUNCIL.
   3. NOTHING IN THIS SECTION SHALL BE INTERPRETED OR OTHERWISE CONSTRUED
 AS  PREEMPTING  A  MUNICIPALITY  FROM  PROHIBITING  FOSSIL-FUEL  HEATING
 SYSTEMS OR SETTING THEIR OWN EMISSIONS STANDARDS, PROVIDED THAT ANY SUCH
 MUNICIPAL STANDARD REQUIRE DEEPER REDUCTIONS IN EMISSIONS AT  EQUIVALENT
 OR EARLIER DATES.
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   §  7.  Subdivision  (a) of section 10-b of section 4 of chapter 576 of
 the laws of 1974, constituting the emergency tenant  protection  act  of
 nineteen  seventy-four,  is amended by adding a new paragraph 14 to read
 as follows:
   14.  PROHIBIT  TEMPORARY MAJOR CAPITAL IMPROVEMENT INCREASES AND INDI-
 VIDUAL APARTMENT IMPROVEMENT INCREASES FOR BUILDINGS UNDERTAKING  ENERGY
 EFFICIENCY, BOILER, FURNACE, STOVE REPLACEMENTS, ELECTRICAL PANEL, ELEC-
 TRICAL  WIRING  OR  RELATED WORK STEMMING FROM ADHERENCE TO REQUIREMENTS
 PURSUANT TO ARTICLE TWENTY-TWO OF THE ENERGY LAW.
   § 8. Subdivision 3 of section 170 of the correction law, as amended by
 chapter 322 of the laws of 2021, is amended to read as follows:
   3. Notwithstanding any other provision of law, an  incarcerated  indi-
 vidual  may  be permitted to leave the institution under guard to volun-
 tarily perform work for a nonprofit  organization;  PROVIDED  THAT  EACH
 INCARCERATED  INDIVIDUAL  WHO VOLUNTEERS TO PERFORM WORK FOR A NONPROFIT
 ORGANIZATION SHALL BE PAID A MINIMUM HOURLY WAGE OF NOT LESS THAN  THREE
 DOLLARS. THE DEPARTMENT SHALL BE ENTITLED TO CHARGE THE NONPROFIT ORGAN-
 IZATION A REASONABLE HOURLY RATE FOR MEALS AND HOUSING OF SUCH INCARCER-
 ATED  INDIVIDUALS, IF ANY.  As used in this section, the term "nonprofit
 organization" means an organization operated exclusively for  religious,
 charitable,  or  educational  purposes,  no  part of the net earnings of
 which inures to the benefit of any private shareholder or individual.
   § 9. Section 171 of the correction law is  amended  by  adding  a  new
 subdivision 3 to read as follows:
   3.  ANY  INCARCERATED INDIVIDUAL PERFORMING LABOR AS DESCRIBED IN THIS
 SECTION SHALL BE COMPENSATED FOR THEIR  LABOR  IN  ACCORDANCE  WITH  THE
 PROVISIONS  OF  SUBDIVISION  FIVE OF SECTION ONE HUNDRED EIGHTY-SEVEN OF
 THIS ARTICLE.
   § 10. Subdivision 7 of section 177 of the correction  law,  as  renum-
 bered  by  chapter  256 of the laws of 2010, is renumbered subdivision 8
 and a new subdivision 7 is added to read as follows:
   7. ANY INCARCERATED INDIVIDUAL PERFORMING LABOR AS DESCRIBED  IN  THIS
 SECTION  SHALL  BE  COMPENSATED  FOR  THEIR LABOR IN ACCORDANCE WITH THE
 PROVISIONS OF SUBDIVISION FIVE OF SECTION ONE  HUNDRED  EIGHTY-SEVEN  OF
 THIS ARTICLE.
   §  11. Section 178 of the correction law, as amended by chapter 322 of
 the laws of 2021, is amended to read as follows:
   § 178. Participation in work release and other  community  activities.
 1. Nothing contained in this article shall be construed or applied so as
 to prohibit private employment of incarcerated individuals in the commu-
 nity  under  a work release program, or a residential treatment facility
 program formulated pursuant to any provision of this chapter.
   2. ANY INCARCERATED INDIVIDUAL WHO IS EMPLOYED UNDER  A  WORK  RELEASE
 PROGRAM  OR A RESIDENTIAL TREATMENT FACILITY PROGRAM FORMULATED PURSUANT
 TO ANY PROVISION OF THIS CHAPTER SHALL BE COMPENSATED FOR THEIR LABOR IN
 ACCORDANCE WITH THE  PROVISIONS  OF  SUBDIVISION  FIVE  OF  SECTION  ONE
 HUNDRED EIGHTY-SEVEN OF THIS ARTICLE.
   §  12.  Section  184  of the correction law is amended by adding a new
 subdivision 3 to read as follows:
   3. ANY INCARCERATED INDIVIDUAL PERFORMING WORK AS  DESCRIBED  IN  THIS
 SECTION  SHALL  BE  COMPENSATED  FOR  THEIR LABOR IN ACCORDANCE WITH THE
 PROVISIONS OF SUBDIVISION FIVE OF SECTION ONE  HUNDRED  EIGHTY-SEVEN  OF
 THIS ARTICLE.
   §  13.  Section  186  of the correction law is amended by adding a new
 subdivision 5 to read as follows:
 A. 9413                             7
 
   5. ANY SERVICE PERFORMED BY AN INCARCERATED INDIVIDUAL AS DESCRIBED IN
 THIS SECTION SHALL BE COMPENSATED IN ACCORDANCE WITH THE  PROVISIONS  OF
 SUBDIVISION FIVE OF SECTION ONE HUNDRED EIGHTY-SEVEN OF THIS ARTICLE.
   §  14.  Section  187  of the correction law is amended by adding a new
 subdivision 5 to read as follows:
   5. NOTWITHSTANDING ANY PROVISION OF LAW, RULE  OR  REGULATION  TO  THE
 CONTRARY, NO INCARCERATED INDIVIDUAL SHALL BE COMPENSATED AN AMOUNT THAT
 IS  LESS  THAN  THE MINIMUM WAGE AS SET FORTH IN ARTICLE NINETEEN OF THE
 LABOR LAW FOR WORK PERFORMED OR WORK FOR WHICH A WAGE IS PAID.  AS  USED
 IN  THIS  SUBDIVISION, "WORK FOR WHICH A WAGE IS PAID" INCLUDES ANY TASK
 ASSIGNED TO AN INCARCERATED INDIVIDUAL FOR WHICH A WAGE WOULD HAVE  BEEN
 DUE EXCEPT FOR HIS OR HER STATUS AS AN INCARCERATED INDIVIDUAL.
   §  15.  The  correction  law is amended by adding a new section 627 to
 read as follows:
   § 627. REAL-WORLD EXPERIENCE JOB TRAINING.  1.  THE  DEPARTMENT  SHALL
 PROMULGATE  REGULATIONS TO CREATE WORK RELEASE PROGRAMS AS SUCH PROGRAMS
 ARE DEFINED UNDER ARTICLE SIX-A AND ARTICLE TWENTY-SEVEN OF THIS CHAPTER
 THAT FACILITATE ON-THE-JOB TRAINING AND CERTIFICATION  IN  THOSE  FIELDS
 AND  INDUSTRIES  THAT  ARE  IN  THE  HIGHEST DEMAND. SUCH PROGRAMS SHALL
 TARGET THOSE INDIVIDUALS WHO ARE ELIGIBLE FOR RELEASE WITHIN TWO YEARS.
   2. TO THE GREATEST EXTENT POSSIBLE  THE  DEPARTMENT  SHALL  WORK  WITH
 LOCAL  COMMUNITY PARTNERSHIPS FOR WORK RELEASE PROGRAMS AS CREATED UNDER
 ARTICLE SIX-A AND ARTICLE TWENTY-SEVEN OF THIS CHAPTER.
   § 16. The correction law is amended by adding a  new  section  628  to
 read as follows:
   §  628.  FORMERLY  INCARCERATED WAGE SUBSIDY PROGRAM. USING FUNDS MADE
 AVAILABLE FROM THE LIVABLE NEW YORK FUND ESTABLISHED PURSUANT TO SECTION
 NINETY-NINE-RR OF THE STATE FINANCE LAW, THE DEPARTMENT, IN  CONJUNCTION
 WITH  THE  DEPARTMENT  OF LABOR, SHALL PROMULGATE REGULATIONS CREATING A
 WAGE SUBSIDY PROGRAM FOR BUSINESSES IN NEW YORK THAT HIRE AND EMPLOY FOR
 NOT LESS THAN TWELVE CONTINUOUS AND UNINTERRUPTED  MONTHS,  PERSONS  WHO
 HAVE RECENTLY BEEN RELEASED FROM THE DEPARTMENT'S CUSTODY.
   § 17. Section 606 of the tax law is amended by adding a new subsection
 (ppp) to read as follows:
   (PPP)  FORMERLY INCARCERATED TRAINING PROGRAM CREDIT. (1) ALLOWANCE OF
 CREDIT. FOR TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO THOU-
 SAND TWENTY-FIVE, A TAXPAYER SHALL BE ALLOWED A CREDIT, TO  BE  COMPUTED
 AS  PROVIDED IN THIS SUBSECTION, FOR HIRING, TRAINING, AND EMPLOYING FOR
 NOT LESS THAN TWELVE CONTINUOUS AND  UNINTERRUPTED  MONTHS  (HEREINAFTER
 REFERRED  TO  AS  THE  TWELVE-MONTH  PERIOD) IN A FULL-TIME OR PART-TIME
 POSITION, A FORMERLY INCARCERATED INDIVIDUAL  WITHIN  THE  STATE.    THE
 TAXPAYER  MAY  CLAIM  THE  CREDIT  IN THE YEAR IN WHICH THE INCARCERATED
 INDIVIDUAL COMPLETES  THE  TWELVE-MONTH  PERIOD  OF  EMPLOYMENT  BY  THE
 TAXPAYER.
   (2)  INCARCERATED  INDIVIDUALS.  A FORMERLY INCARCERATED INDIVIDUAL IS
 ANY PERSON WHO HAS BEEN RELEASED FROM THE CUSTODY OF THE NEW YORK  STATE
 OR NEW YORK CITY DEPARTMENT OF CORRECTION IN THE PREVIOUS TWELVE MONTHS.
   (3)  EMPLOYER PROHIBITION. AN EMPLOYER SHALL NOT DISCHARGE AN EMPLOYEE
 AND HIRE A FORMERLY INCARCERATED INDIVIDUAL SOLELY FOR  THE  PURPOSE  OF
 QUALIFYING FOR THIS CREDIT.
   (4)  AMOUNT  OF  CREDIT.  THE  AMOUNT  OF  THE CREDIT SHALL BE FIFTEEN
 PERCENT OF THE TOTAL AMOUNT OF WAGES PAID TO THE  FORMERLY  INCARCERATED
 INDIVIDUAL  DURING THE INDIVIDUAL'S FIRST TWELVE-MONTH PERIOD OF EMPLOY-
 MENT. THE CREDIT ALLOWED PURSUANT TO THIS SUBSECTION SHALL NOT EXCEED IN
 ANY TAXABLE YEAR:
 A. 9413                             8
 
   (I) FIFTEEN THOUSAND DOLLARS FOR ANY FORMERLY INCARCERATED INDIVIDUAL,
 EMPLOYED IN A  FULL-TIME  POSITION   FOR   ONE   THOUSAND EIGHT  HUNDRED
 TWENTY OR MORE  HOURS IN ONE TWELVE-MONTH PERIOD; AND
   (II)  SEVEN THOUSAND FIVE  HUNDRED  DOLLARS FOR ANY FORMERLY INCARCER-
 ATED INDIVIDUAL EMPLOYED IN A PART-TIME POSITION FOR AT LEAST ONE  THOU-
 SAND  FORTY  HOURS BUT NOT MORE THAN ONE THOUSAND EIGHT HUNDRED NINETEEN
 HOURS IN ONE TWELVE-MONTH PERIOD.
   (5) CARRYOVER. IF THE AMOUNT OF CREDIT ALLOWABLE UNDER THIS SUBSECTION
 FOR ANY  TAXABLE  YEAR  EXCEEDS  THE  TAXPAYER'S TAX FOR SUCH YEAR,  ANY
 AMOUNT OF CREDIT NOT DEDUCTIBLE IN SUCH TAXABLE YEAR MAY BE CARRIED OVER
 TO THE FOLLOWING THREE YEARS AND MAY BE DEDUCTED FROM THE TAXPAYER'S TAX
 FOR SUCH YEAR OR YEARS.
   §  18.  The  correction  law is amended by adding a new section 195 to
 read as follows:
   § 195. LABOR PROGRAMS. 1. ALL LABOR PROGRAMS  SHALL  COMPLY  WITH  THE
 FOLLOWING:
   (A)  ALL  HEALTH  AND  SAFETY  PROTECTIONS  REQUIRED TO BE PROVIDED TO
 EMPLOYEES UNDER FEDERAL AND STATE LABOR LAW SHALL BE PROVIDED TO  INCAR-
 CERATED INDIVIDUALS ENGAGED IN LABOR PROGRAMS; AND
   (B)  ALL  OTHER WORKPLACE PROTECTIONS, INCLUDING PROTECTIONS REGARDING
 DISCRIMINATION, FOUND UNDER FEDERAL AND STATE LABOR LAW SHALL APPLY  AND
 BE PROVIDED TO INCARCERATED INDIVIDUALS ENGAGED IN LABOR PROGRAMS.
   2.  THE  DEPARTMENT  OF LABOR SHALL EXERCISE THE SAME SUPERVISION OVER
 CONDITIONS OF EMPLOYMENT FOR INCARCERATED INDIVIDUALS  PARTICIPATING  IN
 LABOR PROGRAMS AS SUCH DEPARTMENT DOES OVER CONDITIONS OF EMPLOYMENT FOR
 NON-INCARCERATED INDIVIDUALS.
   §  19.  Subdivision 2 of section 171 of the correction law, as amended
 by chapter 364 of the laws of 1983, is amended and a new  subdivision  3
 is added to read as follows:
   2.  Such  labor  shall  be either for the purpose of the production of
 supplies for said institutions, or  for  the  state,  or  any  political
 subdivision  thereof, or for any public institution owned or managed and
 controlled by the state, or any political subdivision  thereof;  or  for
 the  purpose  of industrial training and instruction, or partly for one,
 and partly for the other of  such  purposes.  TO  THE  EXTENT  POSSIBLE,
 INCARCERATED  INDIVIDUALS SHALL BE PROVIDED ON-THE-JOB VOCATIONAL TRAIN-
 ING AT THE CORRECTIONAL FACILITY.
   3. VOCATIONAL TRAINING. (A) INCARCERATED INDIVIDUALS SHALL BE PROVIDED
 VOCATIONAL PROGRAMS THAT MEET THE LABOR MARKET NEEDS OF EITHER  (I)  THE
 COUNTY IN WHICH THE FACILITY IS LOCATED OR (II) THE COUNTY OF THE INCAR-
 CERATED INDIVIDUAL'S LAST KNOWN ADDRESS.
   (B)  TO  THE EXTENT POSSIBLE, FACILITIES SHALL PROVIDE VIRTUAL REALITY
 JOB TRAINING SIMULATIONS FOR INCARCERATED INDIVIDUALS.
   § 20. Subdivision 2 of section 371 of the executive law is amended  by
 adding a new paragraph f to read as follows:
   F.  ENSURE  THAT  EVERY BUILDING USED IN WHOLE OR IN PART AS A HOME OR
 RESIDENCE BY ONE OR MORE PERSONS SHALL CONFORM TO  THE  REQUIREMENTS  OF
 THIS  ENFORCEMENT,  INCLUSIVE,  IRRESPECTIVE  OF THE CLASS TO WHICH SUCH
 BUILDING MAY OTHERWISE BELONG AND IRRESPECTIVE OF WHEN SUCH BUILDING MAY
 HAVE BEEN ALTERED OR REPAIRED.
   § 21. Section 376 of the executive law is amended by  adding  two  new
 subdivisions 7 and 8 to read as follows:
   7. TO DEVELOP AND IMPLEMENT A PUBLIC EDUCATION AND OUTREACH PROGRAM TO
 INFORM  THE  PUBLIC  OF NEW CODE REQUIREMENTS AND HOW THE ENFORCEMENT OF
 CODES OPERATES AND FOR WHAT PURPOSE. IN DEVELOPING  SUCH  EDUCATION  AND
 A. 9413                             9
 
 OUTREACH  PROGRAM,  THE  SECRETARY  SHALL WORK WITH LOCALITIES, ADVOCACY
 GROUPS, ELECTED OFFICIALS, AND ANYONE ELSE THE SECRETARY DEEMS RELEVANT.
   8.  TO  ISSUE,  IN  CONJUNCTION WITH THE ATTORNEY GENERAL, A "RENTER'S
 BILL OF RIGHTS", THAT WILL FOCUS ON A PERSON'S RIGHT TO RENT A RESIDENCE
 THAT IS FREE FROM CODE VIOLATIONS  AND  MEETS  THE  BASIC  STANDARDS  OF
 LIVING.
   §  22.  Section  382 of the executive law is amended by adding two new
 subdivisions 5 and 6 to read as follows:
   5. THE SECRETARY SHALL PROMULGATE REGULATIONS REQUIRING LOCAL  GOVERN-
 MENTS  AND  THEIR AUTHORIZED AGENTS, TO THE GREATEST EXTENT PRACTICABLE,
 TO PERFORM INSPECTIONS AND WRITE AND ENFORCE NOTICES TO REMEDY  IN  LIEU
 OF ORDERING TENANTS TO VACATE RESIDENCES.
   6.  (A) IN ADDITION TO ANY OTHER APPLICABLE REMEDY OR PENALTY, WHERE A
 BUILDING HAS BEEN FOUND TO BE IN  VIOLATION  OF  ANY  PROVISION  OF  THE
 UNIFORM  CODE  OR ANY LAWFUL ORDER OBTAINED THEREUNDER, AND THE BUILDING
 IS OCCUPIED BY A TENANT LEGALLY OCCUPYING THE BUILDING,  A  RENT  REBATE
 MAY  BE OFFERED TO A TENANT RESIDING IN THE BUILDING WHERE AN INDIVIDUAL
 (I) TAMPERED WITH OR OTHERWISE OBSTRUCTED OR ATTEMPTED  TO  OBSTRUCT  AN
 INSPECTION,  OR  (II)  WHERE  THE  VIOLATION  WAS  NOT REMEDIED WITHIN A
 REASONABLE TIME FRAME, OR (III) WHERE A PERSON IN VIOLATION  IS  SUBJECT
 TO A CIVIL PENALTY.
   (B) IN INSTANCES WHERE A VIOLATION OF THE CODE ENDANGERS THE HEALTH OR
 WELL-BEING  OF  A  PERSON OCCUPYING THE BUILDING, OR THE GENERAL PUBLIC,
 AND IN ADDITION TO ANY OTHER APPLICABLE REMEDY OR PENALTY, THE OWNER  OF
 THE  BUILDING  MAY BE FORCED TO PAY FINES ASSOCIATED WITH ANY COMPULSORY
 CLEANING OR REPAIR.
   (C) MUNICIPAL AND LOCAL AGENCIES SHALL HAVE THE AUTHORITY TO ACT UNDER
 AN EMERGENCY TO CLEAR OR REPAIR A  RESIDENCE  WHOSE  MATERIAL  VIOLATION
 ENDANGERS  OR  IMPAIRS THE HEALTH, SAFETY, OR WELLBEING OF A RESIDENT OF
 THE BUILDING OR THE GENERAL PUBLIC, AT A COST BORNE BY THE OWNER OF SUCH
 BUILDING.
   § 23. The labor law is amended by adding a new section 219-b  to  read
 as follows:
   §  219-B.  RESTRICTIONS  ON  USE OF EMPLOYMENT VERIFICATION SYSTEM FOR
 APPRENTICESHIPS. 1. EXCEPT AS REQUIRED BY FEDERAL LAW OR AS A  CONDITION
 OF  RECEIVING  FEDERAL FUNDS, IT SHALL BE UNLAWFUL FOR AN APPRENTICESHIP
 PROGRAM, TO USE THE FEDERAL ELECTRONIC  EMPLOYMENT  VERIFICATION  SYSTEM
 KNOWN AS E-VERIFY AND ANY OTHER SUCCEEDING ELECTRONIC EMPLOYMENT VERIFI-
 CATION  SYSTEM  TO CHECK THE EMPLOYMENT AUTHORIZATION STATUS OF AN INDI-
 VIDUAL CURRENTLY IN THE APPRENTICESHIP PROGRAM OR WHO IS AN APPLICANT TO
 THE APPRENTICESHIP PROGRAM.
   2. APPRENTICESHIP PROGRAMS MAY USE ALTERNATIVE OPTIONS TO DECLARE WORK
 ELIGIBILITY STATUS INCLUDING AFFIDAVIT FORMS, OR  ANY  OTHER  METHOD  AS
 DETERMINED BY THE DEPARTMENT.
   §  24.  Paragraphs  (k) and (l) of subdivision 1 of section 811 of the
 labor law, as relettered by chapter 825 of the laws of 2021, are  relet-
 tered  paragraphs  (m)  and  (n)  and two new paragraphs (k) and (l) are
 added to read as follows:
   (K) TO FOSTER PARTNERSHIPS AND RELATIONSHIPS WITH HIGH SCHOOLS, COMMU-
 NITY COLLEGES, AND NONPROFITS TO RECRUIT APPRENTICES FROM  DISADVANTAGED
 GROUPS;
   (L) TO CREATE A MENTORSHIP PROGRAM TO PAIR APPRENTICES WITH JOURNEYMAN
 PROFESSIONALS;
   §  25.  Section  260  of article 13 of the executive law is designated
 title 1 and a new title heading is added to read as follows:
                 DIVISION OF HOUSING AND COMMUNITY RENEWAL
 A. 9413                            10

   § 26. Article 13 of the executive law is amended by adding a new title
 2 to read as follows:
 
                                  TITLE 2
                    HOUSING DEVELOPMENT SUBSIDY PROGRAM
 SECTION 260-A. DEFINITIONS.
         260-B. DEVELOPMENT SUBSIDY.
         260-C. ELIGIBILITY.
         260-D. SEVERABILITY.
   § 260-A. DEFINITIONS. WHEN USED IN THIS TITLE:
   1.  THE  TERM  "DIVISION"  SHALL  REFER TO THE DIVISION OF HOUSING AND
 COMMUNITY RENEWAL.
   2. THE TERM "AMI" SHALL REFER TO AREA MEDIAN INCOME AS DEFINED BY  THE
 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD").
   § 260-B. DEVELOPMENT SUBSIDY. 1. THE DIVISION SHALL OVERSEE GRANTS AND
 SUBSIDIES FOR THE DEVELOPMENT OF HOUSING PROJECTS WHICH SHALL CREATE, AT
 A MINIMUM, TEN THOUSAND NEW UNITS A YEAR.
   2.  USING  FUNDS  MADE AVAILABLE FROM THE LIVABLE NEW YORK FUND ESTAB-
 LISHED PURSUANT TO SECTION NINETY-NINE-RR OF THE STATE FINANCE LAW,  THE
 DIVISION IS HEREBY AUTHORIZED TO PROVIDE GRANTS AND SUBSIDIES, TO ELIGI-
 BLE  PROJECTS  ACROSS THE STATE TO ACHIEVE THE HOUSING CREATING GOALS OF
 THE HOUSING DEVELOPMENT SUBSIDY PROGRAM SET FORTH IN SUBDIVISION ONE  OF
 THIS SECTION.
   § 260-C. ELIGIBILITY. TO BE ELIGIBLE FOR SUBSIDIES UNDER THIS PROGRAM,
 PROJECTS SHALL:
   1.  BE  BUILT  AT AN AVERAGE OF FORTY PERCENT OF THE AMI, ADJUSTED FOR
 FAMILY SIZE;
   2. AGREE THAT RENT INCREASES ON SUCH PROJECTS SHALL BE LIMITED TO ONLY
 COVER INCREASES IN MAINTENANCE AND OPERATING  EXPENSES,  AND  SHALL  NOT
 EXCEED MORE THAN TWO PERCENT PER ANNUM;
   3.  ENSURE  THAT  ALL  WORKERS,  LABORERS,  AND  MECHANICS EMPLOYED ON
 PROJECTS FUNDED UNDER THIS  ACTION  SHALL  RECEIVE  NOT  LESS  THAN  THE
 PREVAILING  RATE  OF  WAGE  AND  BENEFITS FOR THE CLASSIFICATION OF WORK
 PERFORMED BY EACH UPON SUCH PROJECT PURSUANT TO THE LABOR  LAW.  NOTHING
 UNDER  THIS  PARAGRAPH  SHALL  LIMIT  THE ABILITY OF LABOR AGREEMENTS TO
 AFFORD A WAGE HIGHER THAN THE PREVAILING WAGE FOR ALL WORKERS, LABORERS,
 AND MECHANICS EMPLOYED ON PROJECTS FUNDED UNDER THIS ACTION;
   4. FOLLOW TENANT PROTECTIONS THAT PREVENT  EVICTION  EXCEPT  IN  SITU-
 ATIONS  OF  NON-PAYMENT  OF  RENT; THE TENANT IS VIOLATING A SUBSTANTIAL
 OBLIGATION OF THE TENANCY AND HAS FAILED TO CURE SUCH  VIOLATION  WITHIN
 TEN  DAYS;  OR  THE TENANT IS COMMITTING OR PERMITTING A NUISANCE IN THE
 HOUSING ACCOMMODATION; OR THE TENANT'S OCCUPANCY OR USE OR PERMITTED USE
 OF THE HOUSING ACCOMMODATION IS IN VIOLATION OF THE LAW; OR  THE  TENANT
 HAS  UNREASONABLY  REFUSED THE LANDLORD'S ACCESS TO THE HOUSING ACCOMMO-
 DATION FOR THE PURPOSE OF MAKING REPAIRS AND IMPROVEMENTS;
   5. UTILIZE A PROJECT LABOR AGREEMENT. FOR PURPOSES OF THIS  PARAGRAPH,
 "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  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;
 A. 9413                            11
 
   6. TO THE GREATEST EXTENT POSSIBLE, PROVIDE  TRAINING  AND  HIRING  OF
 FORMERLY INCARCERATED INDIVIDUALS; AND
   7. INCLUDE AN AFFORDABILITY COVENANT WHICH SHALL SPECIFY THAT RENTS IN
 ANY  UNIT  IN  SUCH RESIDENTIAL PROJECTS RECEIVING SUBSIDIES PURSUANT TO
 THIS SECTION SHALL NOT  EXCEED  TWENTY-FIVE  PERCENT  OF  A  HOUSEHOLD'S
 INCOME IN SUCH UNIT.
   §  260-D.  SEVERABILITY.  IF ANY CLAUSE, SENTENCE, PARAGRAPH, SUBDIVI-
 SION, SECTION OR PART OF THIS TITLE 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.
   §  27.  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.
   §  28.  The  sum of three billion dollars ($3,000,000,000), or so much
 thereof as may be necessary, is hereby appropriated to the  livable  New
 York  fund as established pursuant to section 99-rr of the state finance
 law from any moneys in the state treasury not otherwise appropriated and
 made  immediately  available  for  the  purposes  of  carrying  out  the
 provisions  of  this  act. Such moneys shall be payable on the audit and
 warrant of the comptroller on vouchers  certified  or  approved  by  the
 commissioner  of  criminal  justice services in the manner prescribed by
 law.
   § 29. This act shall take effect immediately.