NY State Senate Bill 2023-S4229

Current Bill Status - In Senate Committee Energy And Telecommunications Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to energy and telecommunications
Feb 06, 2023	referred to energy and telecommunications

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2023-S4229 (ACTIVE) - Details

See Assembly Version of this Bill:: A6066
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Authorities Law
Laws Affected:: Amd §§1005, 1003 & 1014, Pub Auth L

2023-S4229 (ACTIVE) - Summary

Enacts the "New York Power Authority Public Renewables Standby Act"; authorizes the power authority of the state of New York to support the goal of the climate leadership and community protection act by entering into contracts with companies, not subject to the public service commission'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; increases the number of trustees of the power authority to seventeen.

2023-S4229 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4229

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the public authorities law, in relation to implementing
the "New York Power Authority Public Renewables Standby Act"

 
PURPOSE OR GENERAL IDEA OF BILL:

To enable the New York Power Authority (NYPA), based upon a public
interest evaluation about whether the renewable energy goal of the land-
mark Climate Leadership and Community Protection Act (CLCPA) is being
met, to: own and build new renewable energy projects and transmission;
and require NYPA to provide only renewable energy by 2030 and to provide
renewable energy to all state owned and municipal properties by 2035 via
competitive procurement. The legislation lays the groundwork for the
transition, if in the public interest, to a renewable, democratically
controlled, publicly-owned energy system in New York, in order to help
meet the renewable energy goal of the CLCPA and continue to lead the
nation on addressing climate change.

SUMMARY OF PROVISIONS:

This legislation amends Section 1005 of the Public Authorities Law by
adding new subdivisions 30 through 43. Key provisions are as follows.

Subdivision 30 would give NYPA the authority and directive to purchase,
acquire, plan, design, engineer, finance, construct, operate, manage,
improve, and maintain any renewable energy project, if an evaluation
determines that the CLCPA renewable energy goal is not likely to be met
because private developers have failed to respond to the State's
requests for renewable energy projects. An evaluation would be performed
every two years, to determine whether the CLCPA's renewable energy goal
is likely to be met and would look at the status of: renewable energy
projects in the New York Independent System Operator's (NYISO) intercon-
nection queue; and responses to Requests for Proposals (RFPs) for renew-
able energy credits (RECs) by NYPA and the NYS Energy Research and
Development Authority (NYSERDA). If the evaluation finds that the
CLCPA's renewable energy goal is not likely to be met because: (i) the
number of proposed renewable energy projects in the NYISO's intercon-
nection queue is inadequate to meet the Public Service Commission's
(PSC) proposed annual schedule for procurements to achieve such renewa-
ble energy goal; and (ii) the responses to NYPA's and NYSERDA's REC RFPs
by private developers are inadequate to meet the goals of such RFPs. If
the evaluation determines that these criteria are met, then NYPA would
be authorized to acquire, construct, and operate renewable energy
projects. Also, any acquisition of existing renewable energy projects,
pursuant to subdivisions 30 and 32, must only be from willing sellers.

The bill also would focus NYPA on its statutory electricity supply
procurement role and would specify that NYPA is to conduct at least one
annual competitive procurement for power and/ or RECs from any renewable
energy project in this State.

NYPA also is authorized, after consultation with the NYS Department of
Public Service (DPS)and NYSERDA, to provide, via competitive procurement
from energy service companies, energy efficiency, retrofits, high

performance/sustainable building, and energy management services to
public buildings in most need.

Subdivision 32 requires that NYPA only own, build and maintain energy
generation that is renewable by 2030. The Authority is directed to
'phase-out all existing non-renewable generation, while maintaining
electric system reliability. It also outlines how certain renewable
energy sources will be prioritized.

Subdivision 33 outlines how NYPA will maintain transparency, which
includes requiring a ten-year climate and resiliency plan to be made
public within two years with a minimum of eight public hearings within
that timeframe. The evaluation of meeting the CLCPA's renewable energy
goal will be part of the first version of the climate and resiliency
plan. The plan would be updated every two years, in order to allow the
time needed for the evaluation to be completed.

Subdivision 33 also would require that the Authority submit an annual
report to the Governor and Legislature to be made publicly available and
outlines the contents of the report. Additionally, the Authority will be
required to present a public democratization plan within two years of
the effective date.

Subdivision 34 establishes that NYPA is authorized to competitively
procure electricity from energy service companies, for all state proper-
ties by 2030 and for municipally-owned, leased, controlled or operated
properties by 2035.

Subdivision 35 authorizes the Authority to provide renewable energy via
competitive procurement from energy service companies on behalf of resi-
dential customers and community choice aggregation communities for those
properties that choose to receive these services from NYPA, with the
requirement that energy supply above what is required for public build-
ings be sold first to low-and moderate-income households at a rate 50%
lower than that provided by local utilities. It also authorizes NYPA to
sell up to 30% of its electricity obtained via competitive procurement
from energy service companies for residential and commercial customers
to customers of the Long Island Power Authority, after consultation with
DPS and for those customers that choose to receive these services from
NYPA.

Subdivisions 36 through 43 establish labor and procurement standards.
All NYPA projects are defined as "public" with the labor protections
that this requires and the provisions provide for a "transition fund"
funded by NYPA to train impacted NYPA employees. Other labor provisions
protect existing workers from displacement and from any changes to
existing rights and benefits. Employees, who have lost their jobs in the
"non-renewable sector," will get priority for jobs with NYPA projects,
and NYPA is required to work on job development programs / apprentice-
ships with unions and community-based organizations. The legislation
provides for prioritization for hiring of the New York City Housing
Authority's (NYCHA) residents in NYPA projects at NYCHA. The legislation
also includes Buy-American procurement provisions as well as provisions
to ensure NYPA's compliance with, and participation in, State minority-
and women-owned business and service-disabled veterans business
programs.


Section 3 of the bill would expand NYPA's trustees from seven to seven-
teen with the ten additional members appointed as follows: two by Gover-
nor; four by President of the Senate; and four by Speaker of the Assem-
bly, all based upon recommendations by labor, advocates, experts, and
people identified by clean energy hubs.

Sections 4, 5, and 6 of the bill maintain the overall status of NYPA
under its statute.

Section 7 of the bill clarifies the applicability of the Office of
Renewable Energy Siting process to NYPA, along with the provisions of
the Host Community Benefit Program and the Endangered and Threatened
Species Mitigation Bank Fund.

Section 8 of the bill would prohibit utilities (combination gas and
electric corporations) from developing and owning renewable energy
facilities and any other generation, after the bill's effective date.

Section 9 of the bill provides a severability clause.

Section 10 of the bill provides for an immediate effective date.

 
JUSTIFICATION:

With the passage of the landmark CLCPA in 2019, New York has committed
to moving away from non-renewable energy generation and relying on
renewable and zero emission sources.

In order to help achieve the CLCPA's renewable energy goal, this bill
will give NYPA the power to own, build or maintain new renewable energy
projects, if an evaluation determines that doing so in in the public
interest, helping to ensure our transition to renewable energy.

Energy consumers are struggling with rising costs and inflation, such as
high electricity costs driven by globally escalating commodity costs and
the soaring price of gasoline. As part of this year's Enacted State
Budget, the State has taken steps to reduce the burden of these high
energy costs and arrears, especially on low-income consumers. The
State's policies need to remain consistent with the urgent need to lower
energy costs for consumers, and the State should be very cautious about
imposing additional costs on over-stressed ratepayers.

Allowing NYPA to build and own renewable energy projects will increase
costs for NYPA's customers. Existing law provides that NYPA issue bonds
to finance its projects, and NYPA is required by law to cover the costs
of its bonds through its rates. NYPA, which sets its own rates, will
have to raise rates to cover the issuance of new bonds to pay for new
renewable construction.

NYPA has more than 1,000 customers, from local and state governments
(such as NYCHA, New York City government, the Metropolitan Transporta-
tion Authority, Westchester County government, and numerous munici-
palities and school districts), to large and small businesses and non-
profit organizations (such colleges, universities, and hospitals) that
currently rely on NYPA's favorable energy rates.  NYPA's ratepayers
would be subject to increased costs and the risks of renewable energy
projects (including, but not limited to, environmental, regulatory, and
operational risks) that now are borne solely by private sector renewable
energy companies. This bill would ensure that NYPA's involvement with
renewable energy projects is in the public interest and serves a high
public purpose of ensuring that the CLCPA's renewable energy goal is met
in a way that warrants imposition of these costs on energy consumers.

On May 12, 2022, the PSC opened a proceeding for how to meet the CLCPA's
requirements, and, among other topics, the PSC will review whether
allowing utilities to develop and own renewables is in the public inter-
est. NYPA's ratepayers should be afforded protection, in terms of a
public interest evaluation of NYPA's involvement in renewable energy.

Prior to the PSC's determination about whether ratepayers should fund
utility projects, the bill would prohibit utilities from owning renewa-
ble and other new generation. Utilities already are proposing double-di-
git rate increases, and allowing utilities to charge ratepayers for all
of the costs of utilities developing and owning renewable energy
projects would exacerbate those cost increases.

The bill recognizes the successful competitive procurement approach of
current State policy to obtain renewable energy resources. Currently,
NYSERDA is implementing the Clean Energy Standard (CES) and the CLCPA's
70 by 30 program through competitive procurement of RECs.  NYSERDA has
used this competitive procurement approach, since the State's Renewable
Portfolio Standard was established in 2003.

New York State has purposefully planned and invited renewable energy
companies to invest in the State, and the response has been a nation-
leading development of these projects that has met or will meet or
exceed every State goal. For instance, New York has nearly achieved in
2022 the previously established goal of 6 gigawatts (GW) of solar power
by 2025, and Governor Kathy Hochul recently approved a new goal of at
least 10 GW of distributed solar by 2030. The NY-Sun Initiative and
other State programs have leveraged $1 billion in incentives to attract
$5.3 billion in private investment, resulting in an astounding 2,100% in
solar energy growth, 12,000 jobs, and a 69% reduction in solar costs
since 2011. In 2020, New York was the national leader for community
solar power installations and was second in the nation for total instal-
lations.

Further, over 50,000 MW of wind, solar, and battery storage projects are
in the NYISO's interconnection queue, awaiting the ability to intercon-
nect to the State's electricity grid. More than 88 renewable energy
projects, totaling more than 6,000 MW, have received awards under
procurements by NYSERDA. Also, there is 6,428 MW of renewable capacity
currently installed, according to NYISO data. Additionally, the Governor
announced recently that NYSERDA has issued new awards under the CES Tier
1 RFP to 22 large-scale solar projects. The Governor's press release
says that this award brings us to having 66% of New York's electricity
from renewable sources. The CLCPA goal is 70% renewables by 2030.

The 2019 Enacted State Budget required that NYPA continue to obtain its
new power supplies via competitive procurement and from competitive
sources, ò instead of building new generating projects itself. NYPA's
statute, even before the 2019 Enacted Budget, states that NYPA is to do
competitive procurement for new energy supplies, and this approach is
consistent with NYPA's earlier RFP to implement the CES. The bill would
allow NYPA to develop and own renewable energy projects, if these

current competitive procurement approaches are not working to meet the
CLCPA's renewable energy goal.

The role of NYPA is focused upon renewable energy for generation, if the
evaluation determines this role to be in the public interest.  NYPA
already is in the process of phasing out its peaker facilities, and it
has issued a competitive RFP to decommission five of its peaker plants
and the Flynn Power Plant on Long Island and to lease those lands for
competitive replacement investment. Four peaker plant sites (Harlem
River Yards, Hell Gate, Seymour/Gowanus, and Pouch) are located in New
York City, and the other peaker site (Brentwood) is on Long Island.

NYPA's role is focused upon renewable generation, if in the public
interest, as NYPA cannot control what type of power comes onto its
existing and new transmission lines. Dictating what type of electricity
flows across transmission lines that make up New York State's reliable
electricity grid would violate Federal law requiring transmission owners
to provide nondiscriminatory access to their transmission lines. NYPA's
transmission lines are part of the backbone of that grid, accounting for
one-third of the State's high-voltage lines. Electricity must be able to
flow freely across the electricity grid to ensure that it is supplied to
all electricity-customers across the State to maintain electric system
reliability. Recently, under Tier 4 of the CES, NYPA is a partner in a
proposed transmission line dedicated to providing renewable energy
directly and only to New York City. Federal law permits access to such
lines to be limited to transmission customers that contract with the
transmission owner. NYPA's role in the CES Tier 4 Clean Path project for
a dedicated line to New York City is not the usual circumstance for
transmission business. That type of transmission line is a different
technology than NYPA's existing transmission lines, which must provide
open access to all transmission customers.

The bill will enable New York to power State and municipal properties
with renewable energy by 2035, an important step in minimizing our
carbon footprint. Currently, the Office of General Services buys power
for State and municipal buildings from the NYISO's competitive wholesale
electricity market, as well as from NYPA. Also, energy service companies
serve these customers. NYPA would serve these customers via competitive
procurement from energy service companies.  NYPA also will be able to
sell renewable energy to low-income customers at rates less than the
rate of their current utility.

Subdivision 40 would allow NYPA to build energy projects for NYCHA, if
an evaluation determines that activity to be in the public interest, or
to serve these customers through competitive procurement from energy
service companies. Notably, in 2021, A.8058 (Bichotte Hermelyn) /
S.3166-B (Parker) was amended to remove a provision that would have
allowed utilities to own renewables and energy storage at NYCHA dwell-
ings and rightfully replace it with competitive procurement by NYPA and
NYSERDA, and subdivision 40 within this bill allows NYPA's role to be
similarly consistent with that policy decision.

This bill will also create new green jobs, as well as helping workers
previously employed in non-renewable energy to transition to new jobs in
sustainable energy. All employees will be paid a prevailing wage and be
subject to project labor agreements.

 
PRIOR LEGISLATIVE HISTORY:
This bill is new legislation.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S4229 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4229
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2023
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08865-02-3

 S. 4229                             2
 
 TY PROTECTION ACT IS LIKELY TO BE MET WITHIN THE  TIMEFRAME  ESTABLISHED
 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
 S. 4229                             3
 
 NEED.  THE  AUTHORITY SHALL WORK WITH THE NEW YORK STATE ENERGY RESEARCH
 AND DEVELOPMENT  AUTHORITY  TO  PROVIDE  ANY  FUNDING  NECESSARY  FOR  A
 REGIONAL  CLEAN  ENERGY  HUB  TO MEET THE NEEDS OF THIS SUBDIVISION. THE
 AUTHORITY,  IN  CONSULTATION WITH THE INDEPENDENT SYSTEM OPERATOR, SHALL
 ENSURE THAT THE PHASE-OUT OF ITS EXISTING NON-RENEWABLE GENERATION  DOES
 NOT  LEAD  TO  AN INCREASE IN THE DELIVERY OF OUT-OF-STATE NON-RENEWABLE
 GENERATION INTO THE NEW YORK STATE ELECTRIC GRID. FOR  THE  PURPOSES  OF
 THIS SUBDIVISION, A "RELIABILITY NEED" MEANS AN ELECTRICITY SYSTEM NEED,
 WHICH IF UNMET, WOULD RESULT IN A VIOLATION OF THE ELECTRIC POWER SYSTEM
 PLANNING AND OPERATING POLICIES, STANDARDS, CRITERIA, GUIDELINES, PROCE-
 DURES,  AND RULES PROMULGATED BY THE NORTH AMERICAN ELECTRIC RELIABILITY
 CORPORATION ("NERC"), NORTHEAST POWER COORDINATING COUNCIL ("NPCC"), AND
 THE NEW YORK STATE RELIABILITY COUNCIL ("NYSRC"), AS THEY MAY BE AMENDED
 FROM TIME TO TIME.
   (B) 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-
 S. 4229                             4

 TAIN ITS EXISTING NON-RENEWABLE GENERATION PURSUANT TO SUBDIVISION THIR-
 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
 S. 4229                             5
 
 THIS SUBDIVISION AND SUBDIVISIONS THIRTY-TWO, THIRTY-FOUR,  THIRTY-FIVE,
 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;
 S. 4229                             6
 
   (E) KILOWATT-HOUR SALES BY PROJECT;
   (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
 S. 4229                             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-
 S. 4229                             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-
 S. 4229                             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
 S. 4229                            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
 S. 4229                            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.

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Senate Bill S4229

Sponsored By

Current Bill Status - In Senate Committee Energy And Telecommunications Committee

co-Sponsors

2023-S4229 (ACTIVE) - Details

2023-S4229 (ACTIVE) - Summary

2023-S4229 (ACTIVE) - Sponsor Memo

2023-S4229 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4229

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Sponsored By

Kevin S. Parker

Current Bill Status - In Senate Committee Energy And Telecommunications Committee

co-Sponsors

Iwen Chu

2023-S4229 (ACTIVE) - Details

2023-S4229 (ACTIVE) - Summary

2023-S4229 (ACTIVE) - Sponsor Memo

2023-S4229 (ACTIVE) - Bill Text download pdf

Comments