S T A T E   O F   N E W   Y O R K
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                                  9746--A
 
                           I N  A S S E M B L Y
 
                               April 3, 2024
                                ___________
 
 Introduced  by M. of A. CONRAD, McMAHON -- read once and referred to the
   Committee on Energy -- committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the  public service law, in relation to enacting the
   "home utility weatherization jobs 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 "home utility weatherization jobs act".
   § 2. Legislative  findings  and  intent.  The  legislature  finds  and
 declares that:
   (a)  The  Climate  Leadership  and  Community  Protection  Act (CLCPA)
 requires significant reductions in greenhouse gas emissions, including a
 40% reduction in statewide greenhouse gas emissions by 2030 and  an  85%
 reduction in statewide greenhouse gas emissions by 2050;
   (b)  The  Climate  Action  Council  Final Scoping Plan (Plan) deems it
 essential that buildings make significant investments  in  energy  effi-
 ciency, and the Plan's integration analysis demonstrates that widespread
 improvements  to  building  envelope  will reduce energy demand from the
 building sector by 30% to 50% by 2050;
   (c) Energy efficiency is and will continue to be a key  and  necessary
 component  of achieving the CLCPA's greenhouse gas emissions targets and
 has proven to be one of the most cost-effective strategies available;
   (d) Weatherization efforts that prioritize a  whole-building  approach
 to  reducing  energy  needs,  such as through building envelope enhance-
 ments, are an effective way to reduce greenhouse gas emissions while  at
 the  same time facilitating further emissions reduction measures such as
 full electrification or hybrid heating systems by reducing heating load;
   (e) Improving the integrity of the building envelope through  upgrades
 or retrofits may result in deep energy savings;
   (f)  While existing energy efficiency programs administered by the New
 York state energy research and development authority are  available  for
 low-  to  moderate-income (LMI) customers, there are some gaps in cover-
 age, including LMI tenants who do  not  live  in  buildings  covered  by
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14492-06-4
 A. 9746--A                          2
 
 existing  LMI programs, individuals who do not qualify as LMI customers,
 rental properties, and where existing programs do not remove or mitigate
 up-front financial burdens for customers;
   (g)  Weatherization efforts can provide significant benefits to disad-
 vantaged and other communities through the reduction of energy usage and
 decreases in greenhouse gas emissions;
   (h) Weatherization and energy efficiency projects can  promote  strong
 economic  development and good jobs for local residents, including resi-
 dents in disadvantaged communities;
   (i) Utilities' access to capital and to a trusted  workforce  able  to
 effectively  execute  projects,  and experience with implementing energy
 efficiency programs specifically, positions them  well  to  develop  and
 implement programs to weatherize residential buildings; and
   (j)  It  is  therefore  the  intent of the legislature to remove legal
 barriers to utility development of weatherization programs  and  require
 the  public  service  commission  to  authorize utilities to immediately
 commence piloting the development and implementation of targeted utility
 weatherization pilot programs to further the goals of the CLCPA.
   § 3. The public service law is amended by adding a new section 66-x to
 read as follows:
   § 66-X. ENERGY EFFICIENCY WEATHERIZATION IMPROVEMENTS. 1. AS  USED  IN
 THIS SECTION:
   (A) "BUILDING ENVELOPE" MEANS THE ASSEMBLIES, COMPONENTS AND MATERIALS
 OF  A  BUILDING THAT FORM THE THERMAL BARRIER BETWEEN THE INTERIOR SPACE
 OF THE BUILDING AND THE EXTERIOR ENVIRONMENT, INCLUDING BUT NOT  LIMITED
 TO WALLS, FLOORS, ROOFING, FOUNDATION, WINDOWS AND DOORS;
   (B)  "WEATHERIZATION  IMPROVEMENT PROJECT" MEANS A PROJECT IMPLEMENTED
 BY A GAS CORPORATION, ELECTRIC CORPORATION OR COMBINATION GAS AND  ELEC-
 TRIC  CORPORATION  TO  IMPROVE THE INTEGRITY OF A BUILDING ENVELOPE OR A
 SERIES OF CONTIGUOUS BUILDING ENVELOPES, INCLUDING BUT  NOT  LIMITED  TO
 LOCATING  AND SEALING AIR LEAKS, INCREASING INSULATION, WEATHERSTRIPPING
 WINDOWS AND DOORS AND MOISTURE CONTROL SUCH AS INSTALLING ATTIC VENTS;
   (C) "WEATHERIZATION PILOT PROGRAM" MEANS A PROGRAM DEVELOPED BY A  GAS
 CORPORATION, ELECTRIC CORPORATION OR COMBINATION GAS AND ELECTRIC CORPO-
 RATION  FOR  THE  PURPOSE  OF  IMPLEMENTING  WEATHERIZATION  IMPROVEMENT
 PROJECTS IN TARGETED PILOT AREAS, FOR A SERIES OF CONTIGUOUS  PROPERTIES
 WHICH SHALL GENERALLY BE NO LESS THAN TWO HUNDRED FEET IN THE AGGREGATE.
 TO  THE  EXTENT POSSIBLE, THE PROGRAM SHALL BE DEVELOPED IN COORDINATION
 WITH A UTILITY NON-PIPE ALTERNATIVE PROJECT, INCLUDING A THERMAL  ENERGY
 NETWORK  PROJECT, AND SHALL LEVERAGE ALL LOCAL, STATE, AND FEDERAL FUND-
 ING AVAILABLE;
   (D) "TARGETED PILOT  AREAS"  MEANS  THE  SPECIFIC  GEOGRAPHIC  REGIONS
 SELECTED  FOR  THE  IMPLEMENTATION  OF THE WEATHERIZATION PILOT PROGRAM.
 TARGETED PILOT AREAS SHALL INCLUDE:
   (I) SINGLE-FAMILY HOMES AND MULTI-FAMILY BUILDINGS BUILT BEFORE  NINE-
 TEEN  HUNDRED EIGHTY LOCATED WITHIN DISADVANTAGED COMMUNITIES AS IDENTI-
 FIED BY THE CLIMATE JUSTICE WORKING GROUP; AND
   (II) A MIX OF URBAN, SUBURBAN, AND RURAL REGIONS.
   EACH DWELLING IN THE TARGETED PILOT AREA SHALL  BE  ELIGIBLE  FOR  THE
 WEATHERIZATION PILOT PROGRAM;
   (E)  "ENERGY AUDIT" MEANS A REVIEW OF A SERIES OF CONTIGUOUS DWELLINGS
 FOR THE PURPOSE OF BUILDING A WEATHERIZATION  STRATEGY  WHICH  INCLUDES,
 BUT IS NOT LIMITED TO, SEALING AIR LEAKS, EXAMINING INSULATION, INSPECT-
 ING  ALL  FURNACES  AND  DUCTWORK,  AND  UPGRADING  HEATING  AND COOLING
 SYSTEMS. DOCUMENTATION OF DENIAL OF ACCESS TO A DWELLING TO COMPLETE THE
 REVIEW SHALL QUALIFY AS COMPLETION FOR PURPOSES OF THIS SECTION; AND
 A. 9746--A                          3
 
   (F)  "PROJECT  LABOR  AGREEMENT"  SHALL  MEAN  A  PRE-HIRE  COLLECTIVE
 BARGAINING  AGREEMENT  BETWEEN  A GAS CORPORATION, ELECTRIC CORPORATION,
 COMBINATION OF GAS AND ELECTRIC CORPORATION OR A THIRD PARTY  ON  BEHALF
 OF  SUCH  CORPORATION  OR  CORPORATIONS,  AND  A  BONA FIDE BUILDING AND
 CONSTRUCTION  TRADE  LABOR ORGANIZATION ESTABLISHING THE LABOR ORGANIZA-
 TION 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 AN
 APPRENTICESHIP AGREEMENT AS DEFINED IN ARTICLE TWENTY-THREE OF THE LABOR
 LAW.
   2.  THE  COMMISSION SHALL INITIATE A PROCEEDING WITHIN THREE MONTHS OF
 THE EFFECTIVE DATE OF THIS SECTION TO SUPPORT THE DEVELOPMENT OF  WEATH-
 ERIZATION  PILOT  PROGRAMS FOR THE PURPOSE OF MEETING THE GREENHOUSE GAS
 EMISSIONS AND EQUITY GOALS  OF  THE  CLIMATE  LEADERSHIP  AND  COMMUNITY
 PROTECTION ACT (CLCPA).
   3.  WITHIN  SIX MONTHS OF THE EFFECTIVE DATE OF THIS SECTION, EACH GAS
 CORPORATION, ELECTRIC  CORPORATION,  OR  COMBINATION  GAS  AND  ELECTRIC
 CORPORATION  SHALL  SUBMIT  TO  THE COMMISSION FOR REVIEW AND APPROVAL A
 WEATHERIZATION PILOT PROGRAM  PLAN.  THE  WEATHERIZATION  PILOT  PROGRAM
 PLANS  SHALL  BE MADE PUBLICLY AVAILABLE ON THE COMMISSION'S WEBSITE AND
 BE SUBJECT TO A PUBLIC COMMENT PERIOD OF NO LESS THAN  SIXTY  DAYS.  ALL
 PLANS  SUBMITTED TO THE COMMISSION SHALL INCLUDE, BUT NOT BE LIMITED TO,
 THE FOLLOWING: (A) THE BUILDINGS AND CUSTOMERS ELIGIBLE FOR THE PROPOSED
 PROGRAM, WHICH SHALL INCLUDE A DESCRIPTION OF HOW THE  PROPOSED  PROGRAM
 FILLS  EXISTING  GAPS RELATED TO LOW- TO MODERATE-INCOME (LMI) CUSTOMERS
 AND OTHER CUSTOMERS IN TARGETED PILOT AREAS; (B) A  DESCRIPTION  OF  THE
 WEATHERIZATION  IMPROVEMENT  PROJECTS  TO  BE  INCLUDED  IN THE PROPOSED
 PROGRAM; (C) A STAFFING PLAN IDENTIFYING THE WORKFORCE AND SPECIFIC WORK
 TO BE PERFORMED; (D) MAPS OF THE  LOCATIONS  OF  THESE  PROJECTS,  WHICH
 SHOULD  TARGET  CONTIGUOUS  PROPERTIES  OVER ENTIRE STREET BLOCKS; (E) A
 DESCRIPTION OF JOB TRAINING OR WORKFORCE DEVELOPMENT  EFFORTS  NECESSARY
 TO  IMPLEMENT  THE PROPOSED PLAN; (F) PROPOSED TOTAL ANNUAL COSTS OF THE
 PROGRAM;  (G)  PROJECTED  ANNUAL  GREENHOUSE  GAS  EMISSIONS  REDUCTIONS
 RESULTING  FROM  THE  PROPOSED PROGRAM; AND (H) THE PROJECTED SAVINGS ON
 PIPELINE AND OTHER EQUIPMENT REPAIR OR REPLACEMENT FROM THE REDUCTION IN
 USAGE. IN DEVELOPING WEATHERIZATION PILOT PROGRAM PLANS,  A  GAS  CORPO-
 RATION,  ELECTRIC  CORPORATION,  OR  COMBINATION ELECTRIC AND GAS CORPO-
 RATION SHALL COORDINATE WITH OTHER UTILITY PARTICIPANTS AND THE NEW YORK
 STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY.
   4. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, THE  COMMIS-
 SION  SHALL DETERMINE WHETHER IT IS IN THE PUBLIC INTEREST TO APPROVE OR
 MODIFY SUCH WEATHERIZATION PILOT PROGRAM PLANS AND SHALL ISSUE AN  ORDER
 DIRECTING  EACH  GAS,  ELECTRIC,  OR COMBINATION GAS AND ELECTRIC CORPO-
 RATION TO IMPLEMENT SUCH WEATHERIZATION PILOT PROGRAMS.  IN  DETERMINING
 WHETHER  A  WEATHERIZATION  PILOT PROGRAM IS IN THE PUBLIC INTEREST, THE
 COMMISSION SHALL CONSIDER WHETHER THE PROGRAM:  (A)  FACILITATES  ENERGY
 RELIABILITY  AND  REDUCES  ENERGY  COSTS FOR CUSTOMERS IN TARGETED PILOT
 AREAS; (B) SUPPORTS THE STATE'S ACHIEVEMENT OF THE GREENHOUSE GAS  EMIS-
 SIONS  REDUCTION  GOALS  OF THE CLCPA; AND (C) PROMOTES JOB TRAINING AND
 WORKFORCE DEVELOPMENT.
   5. THE GAS CORPORATION, ELECTRIC CORPORATION, OR COMBINATION  GAS  AND
 ELECTRIC  CORPORATION  SHALL  COLLECT  DATA TO INFORM STRATEGIES FOR THE
 WEATHERIZATION PILOT PROGRAM. SUCH DATA SHALL INCLUDE:
 A. 9746--A                          4
 
   (A) FOR EVERY ELIGIBLE HOUSING UNIT: (I) IF APPLICABLE, THE NUMBER  OF
 VACANT  UNITS  IN A BUILDING AND REASON FOR VACANCY; AND (II) WHETHER AN
 ENERGY AUDIT WAS AGREED TO (POSSIBLE ANSWERS  INCLUDE:  YES,  NO:  OWNER
 REFUSED,  NO: TENANT REFUSED, NO: OWNER COULD NOT BE REACHED, NO: TENANT
 COULD NOT BE REACHED, AND NO: OTHER).
   (B)  FOR  HOUSING  UNITS  THAT  HAVE UNDERGONE ENERGY AUDITS: (I) AGE,
 TYPE, AND ESTIMATED RETIREMENT DATE OF HEATING SOURCE OR HEATING SYSTEM;
 (II) ANY DEFERRED MAINTENANCE,  INCLUDING,  BUT  NOT  LIMITED  TO:  ROOF
 REPAIRS,  VERMICULITE  IN  ATTIC,  KNOB-AND-TUBE  WIRING, MOLD IN ATTIC,
 WATER IN BASEMENT, ASBESTOS TAPE IN BASEMENT, AND ASBESTOS SHINGLES; AND
 (III) THE RESULTS OF THE ENERGY AUDIT.   SUCH DATA SHALL  BE  ANONYMIZED
 AND  AGGREGATED  BY  ZIP  CODE  AND BE MADE AVAILABLE ON SUCH GAS CORPO-
 RATION, ELECTRIC CORPORATION, OR COMBINATION  GAS  AND  ELECTRIC  CORPO-
 RATION'S WEBSITE.
   6.  THE  COMMISSION  SHALL  AUTHORIZE  EACH  GAS CORPORATION, ELECTRIC
 CORPORATION OR COMBINATION GAS AND ELECTRIC CORPORATION TO FULLY RECOVER
 IN THE CONTEXT OF RATE OR OTHER DULY AUTHORIZED  PROCEEDINGS  THE  COSTS
 ASSOCIATED  WITH  EACH  SUCH CORPORATION'S WEATHERIZATION PILOT PROGRAM.
 EACH GAS CORPORATION, ELECTRIC CORPORATION OR COMBINATION GAS AND  ELEC-
 TRIC CORPORATION SHALL DEFER ANY UNRECOVERED EXPENSES ASSOCIATED WITH AN
 APPROVED  OR MODIFIED WEATHERIZATION PILOT PROGRAM AS A REGULATORY ASSET
 PENDING A SUBSEQUENT RATE OR OTHER DULY AUTHORIZED PROCEEDING. ALL UNRE-
 COVERED EXPENSE BALANCES SHALL ACCRUE CARRYING CHARGES  AT  SUCH  CORPO-
 RATION'S PRE-TAX APPROVED RATE OF RETURN.
   7.  EACH  GAS,  ELECTRIC,  OR COMBINATION GAS AND ELECTRIC CORPORATION
 SHALL REPORT  TO  THE  COMMISSION,  ON  A  QUARTERLY  BASIS,  AND  UNTIL
 COMPLETION  OF  THE  WEATHERIZATION  PILOT PROGRAMS AS DETERMINED BY THE
 COMMISSION, THE STATUS OF EACH WEATHERIZATION PILOT PROGRAM. THE COMMIS-
 SION SHALL POST AND MAKE PUBLICLY AVAILABLE SUCH REPORTS ON ITS WEBSITE.
 THE REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO: (A) PROJECTS  COMPLETED
 PURSUANT  TO  THE  PROGRAM;  (B) BARRIERS TO IMPLEMENTATION, IF ANY; (C)
 COSTS OF THE PROGRAM; (D) NUMBER OF JOBS RETAINED, CREATED  OR  ENHANCED
 BY  THE PROGRAM; AND (E) ANY OTHER SUCH INFORMATION THE COMMISSION DEEMS
 TO BE IN THE PUBLIC INTEREST.
   8. ANY WEATHERIZATION PILOT PROGRAM APPROVED OR  MODIFIED  UNDER  THIS
 SECTION  SHALL  REQUIRE THAT ENERGY AUDITS ARE CONDUCTED BY EMPLOYEES OF
 THE GAS CORPORATION, ELECTRIC CORPORATION, OR COMBINATION GAS AND  ELEC-
 TRIC CORPORATION REPRESENTED BY A BONA FIDE LABOR ORGANIZATION OF JURIS-
 DICTION  THAT  IS  ACTIVELY ENGAGED IN REPRESENTING THE GAS CORPORATION,
 ELECTRIC CORPORATION,  AND  COMBINATION  GAS  AND  ELECTRIC  CORPORATION
 EMPLOYEES.  THE USE OF CONTRACTORS IS PROHIBITED EXCEPT AS NECESSARY FOR
 TRAINING OR IMPLEMENTATION OF THE PROGRAM.
   9.  EVERY  WEATHERIZATION  IMPROVEMENT  PROJECT  SHALL BE SUBJECT TO A
 PROJECT LABOR AGREEMENT.
   § 4. This act shall take effect immediately.