S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5360
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 2, 2023
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 AN ACT to amend the environmental conservation law, the public  authori-
   ties  law,  the  labor  law  and the state finance law, in relation to
   climate and community protection

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  75-0109 of the environmental conservation law is
 amended by adding a new subdivision 5 to read as follows:
   5. ALL REVENUE, INTEREST AND PENALTIES  RECEIVED  UNDER  PROGRAMS  AND
 REGULATIONS  ADOPTED  PURSUANT TO THIS SECTION SHALL BE DEPOSITED IN THE
 CLIMATE AND COMMUNITY PROTECTION TRANSFER ACCOUNT ESTABLISHED BY THE NEW
 YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY PURSUANT  TO  PARA-
 GRAPH  (C)  OF SUBDIVISION ONE OF SECTION EIGHTEEN HUNDRED FIFTY-NINE OF
 THE PUBLIC AUTHORITIES LAW.
   § 2. Subdivision 1 of section 1859 of the public  authorities  law  is
 amended by adding a new paragraph (c) to read as follows:
   (C)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
 SION, THE AUTHORITY SHALL ESTABLISH A SEGREGATED CLIMATE  AND  COMMUNITY
 PROTECTION  TRANSFER  ACCOUNT  FOR THE DEPOSIT OF ALL FUNDS COLLECTED BY
 THE AUTHORITY UNDER PROGRAMS AND REGULATIONS ADOPTED PURSUANT TO SECTION
 75-0109 OF THE ENVIRONMENTAL CONSERVATION LAW.  WITHIN  THIRTY  DAYS  OF
 RECEIPT  OF  FUNDS  IN  THE  CLIMATE  AND  COMMUNITY PROTECTION TRANSFER
 ACCOUNT, SUCH FUNDS SHALL BE DEPOSITED  IN  THE  CLIMATE  AND  COMMUNITY
 PROTECTION  FUND  ESTABLISHED  PURSUANT  TO SECTION NINETY-TWO-KK OF THE
 STATE FINANCE LAW.
   § 3. The public authorities law is amended by  adding  a  new  section
 1872-b to read as follows:
   § 1872-B. GAP FUNDING FOR GREEN RESIDENTIAL BUILDINGS. 1. THE AUTHORI-
 TY  SHALL  ESTABLISH  AND ADMINISTER A PROGRAM TO PROVIDE ASSISTANCE FOR
 RESIDENCES TO MEET GREEN RESIDENTIAL BUILDING STANDARDS  AS  DEFINED  IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09930-02-3
              

 S. 5360                             2
 
 SECTION EIGHTEEN HUNDRED SEVENTY-TWO OF THIS TITLE FOR CIRCUMSTANCES AND
 APPLICATIONS  IN WHICH OTHER ASSISTANCE IS LACKING OR INADEQUATE TO MEET
 IDENTIFIED NEEDS.
   2.  SUCH  PROGRAM SHALL ADDRESS EXISTING ISSUES IN BROADER ACHIEVEMENT
 OF GREEN RESIDENTIAL BUILDING STANDARDS, AND IN SO DOING, SHALL  CONSID-
 ER, AT MINIMUM:
   (A)  APPROPRIATENESS  OF  NON-ENERGY  MEASURES SUCH AS ELECTRIFICATION
 READINESS;
   (B) LOCAL SUPPLY CHAIN DEVELOPMENT;
   (C) INCREASING VISIBILITY AND OUTREACH OF AUTHORITY PROGRAMS;
   (D) WHOLE-HOME RETROFITTING OPTIONS; AND
   (E) PILOT PROGRAMS FOR LOW-INCOME RESIDENTS.
   3. THE  AUTHORITY  SHALL  IMPLEMENT  STRATEGIES  TO  MITIGATE  ADVERSE
 ECONOMIC IMPACTS OF THE PROGRAM ON TENANTS, INCLUDING BUT NOT LIMITED TO
 RESIDENTS IN RENT-REGULATED HOUSING OR RECIPIENTS OF HOUSING SUBSIDIES.
   §  4. The public authorities law is amended by adding two new sections
 1885 and 1886 to read as follows:
   § 1885. OFFICE OF EQUITY FOR ENERGY AND CLIMATE.  1.  DEFINITIONS.  AS
 USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
 INGS:
   (A)  "COMMUNITY  SOLUTIONS  FUND"  SHALL  MEAN  THE COMMUNITY DIRECTED
 CLIMATE SOLUTIONS FUND ESTABLISHED PURSUANT TO SUBDIVISION THREE OF THIS
 SECTION.
   (B) "OFFICE" SHALL MEAN THE OFFICE OF EQUITY FOR  ENERGY  AND  CLIMATE
 ESTABLISHED PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
   (C)  "SOLUTIONS  GRANTS  PROGRAM"  SHALL  MEAN  THE COMMUNITY DIRECTED
 CLIMATE SOLUTIONS GRANTS PROGRAM  ESTABLISHED  PURSUANT  TO  SUBDIVISION
 FOUR OF THIS SECTION.
   2.  OFFICE  OF EQUITY FOR ENERGY AND CLIMATE. (A) THERE IS ESTABLISHED
 WITHIN THE AUTHORITY AN OFFICE OF EQUITY FOR ENERGY AND CLIMATE.
   (B) THE PURPOSE OF THE OFFICE OF EQUITY FOR ENERGY AND CLIMATE  IS  TO
 SUPPORT  LOCAL  AND  COMMUNALLY  DEVELOPED  CLIMATE  PROJECTS TO SUPPORT
 DISADVANTAGED COMMUNITIES, INCLUDING BY ESTABLISHING  AND  ADMINISTERING
 THE  COMMUNITY  SOLUTIONS FUND AND THE SOLUTIONS GRANTS PROGRAM PURSUANT
 TO SUBDIVISIONS THREE AND FOUR OF THIS SECTION.
   3. THE COMMUNITY DIRECTED CLIMATE SOLUTIONS FUND.    THERE  IS  ESTAB-
 LISHED  WITHIN THE OFFICE THE COMMUNITY SOLUTIONS FUND, OUT OF WHICH THE
 OFFICE SHALL MAKE GRANTS PURSUANT TO THE SOLUTIONS GRANTS PROGRAM.
   4. COMMUNITY DIRECTED CLIMATE SOLUTIONS GRANTS PROGRAM. (A) THE OFFICE
 SHALL ESTABLISH THE COMMUNITY DIRECTED CLIMATE SOLUTIONS GRANTS  PROGRAM
 TO  PROVIDE  ASSISTANCE  TO COMMUNITY-BASED ORGANIZATIONS, PROJECTS, AND
 INITIATIVES THAT MAY NOT MEET APPLICATION CRITERIA FOR OTHER  ASSISTANCE
 PROGRAMS, OR FOR WHICH OTHER ASSISTANCE PROGRAMS ARE INADEQUATE.
   (B)  THE  OFFICE  SHALL  DESIGN  THE  SOLUTIONS GRANTS PROGRAM, TO THE
 EXTENT PRACTICABLE AND PERMISSIBLE, TO MAXIMIZE  THE  ABILITY  OF  GRANT
 RECIPIENTS  TO  USE  SUCH  GRANTS  AS MATCHING FUNDS IN OTHER ASSISTANCE
 PROGRAM APPLICATIONS AND/OR TO LEVERAGE THE  FUNDING  TO  RECEIVE  ADDI-
 TIONAL GRANTS FROM OTHER ASSISTANCE PROGRAMS.
   (C)  THE  OFFICE SHALL IDENTIFY THE NEEDS OF DISADVANTAGED COMMUNITIES
 TO PRIORITIZE GRANT  ALLOCATION.    SUCH  IDENTIFICATION  PROCESS  SHALL
 INCLUDE SIGNIFICANT CONSULTATION WITH COMMUNITY STAKEHOLDERS IN A VARIE-
 TY  OF  DISADVANTAGED  COMMUNITIES  THROUGHOUT THE STATE, AT LEAST THREE
 PUBLIC HEARINGS, AND OTHER OPPORTUNITIES FOR PUBLIC INPUT.   THE  OFFICE
 SHALL  ALSO  CONSULT  WITH THE CLIMATE JUSTICE WORKING GROUP ESTABLISHED
 PURSUANT TO SECTION 75-0111 OF THE ENVIRONMENTAL CONSERVATION LAW.
   (D) APPLICANTS ELIGIBLE FOR THE SOLUTIONS GRANTS PROGRAM:
 S. 5360                             3
 
   (I) LEAD APPLICANTS ELIGIBLE FOR GRANTS  SHALL  BE  CONSTITUENCY-BASED
 ORGANIZATIONS,  TRIBAL NATIONS, OR, IN COMMUNITIES WHERE NEITHER CONSTI-
 TUENCY-BASED ORGANIZATIONS OR TRIBAL NATIONS EXIST, A MUNICIPALITY.
   (II)   SUB-APPLICANTS  MAY  INCLUDE  OTHER  NON-PROFIT  ORGANIZATIONS,
 ACADEMIC  INSTITUTIONS,  BUSINESS  ENTITIES,  MUNICIPALITIES  AND  OTHER
 STAKEHOLDERS.
   (D)  THE  FOLLOWING RESTRICTIONS SHALL APPLY TO THE COMMUNITY DIRECTED
 CLIMATE SOLUTIONS GRANTS PROGRAM:
   (I) GRANTS SHALL ONLY BE MADE FOR ZERO-EMISSIONS PROJECTS THAT  REDUCE
 GREENHOUSE GAS EMISSIONS, URBAN HEAT ISLAND EFFECTS, OR LOCAL POLLUTION,
 OR THAT SUPPORT COMMUNITY OWNERSHIP AND GOVERNANCE OF ENERGY INFRASTRUC-
 TURE.
   (II)  AT  LEAST  SEVENTY-FIVE PERCENT OF FUNDING MUST SUPPORT PROJECTS
 LOCATED WITHIN DISADVANTAGED COMMUNITIES.
   (III) UP TO  TWENTY-FIVE  PERCENT  OF  FUNDING  MAY  SUPPORT  PROJECTS
 LOCATED  OUTSIDE  DISADVANTAGED  COMMUNITIES, PROVIDED THAT SUCH FUNDING
 PROVIDES A BENEFIT TO DISADVANTAGED COMMUNITIES, INCLUDING  BY  REDUCING
 POLLUTION  IN DISADVANTAGED COMMUNITIES, REDUCING ENERGY COSTS IN DISAD-
 VANTAGED COMMUNITIES, OR INCREASING DISADVANTAGED COMMUNITY OWNERSHIP OR
 GOVERNANCE OF ENERGY INFRASTRUCTURE.
   (IV) TO THE EXTENT PRACTICABLE, GRANTS SHALL BE DISTRIBUTED  EQUITABLY
 TO DISADVANTAGED COMMUNITIES THROUGHOUT THE STATE, BASED ON POPULATION.
   (V) GRANTS SHALL ONLY BE MADE FOR PROJECTS WHICH SATISFY THE COMMUNITY
 DECISION-MAKING  AND  ACCOUNTABILITY  STANDARDS  ESTABLISHED PURSUANT TO
 SUBDIVISION FIVE OF THIS SECTION.
   (VI) PROJECTS FUNDED BY GRANTS MADE UNDER THE SOLUTIONS GRANTS PROGRAM
 SHALL BE SUBJECT TO THE PROVISIONS OF SEVEN HUNDRED NINETY OF THE  LABOR
 LAW.
   (VII)  PREFERENCE SHALL BE GIVEN TO PROPOSALS THAT INCLUDE SIGNIFICANT
 PARTICIPATION BY MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES.
   5. THE OFFICE SHALL DEVELOP  AND  ESTABLISH  STANDARDS  FOR  COMMUNITY
 DECISION-MAKING  AND  ACCOUNTABILITY MECHANISMS WITH RESPECT TO ELIGIBLE
 PROJECTS AND THE USE OF GRANT FUNDING PURSUANT TO THE PROVISIONS OF THIS
 SECTION.
   6. BEGINNING ONE YEAR AFTER ITS ESTABLISHMENT AND ANNUALLY THEREAFTER,
 THE OFFICE SHALL SUBMIT A REPORT TO THE CLIMATE  JUSTICE  WORKING  GROUP
 ESTABLISHED  PURSUANT  TO SECTION 75-0111 OF THE ENVIRONMENTAL CONSERVA-
 TION LAW ON THE USE OF FUNDS IN THE COMMUNITY DIRECTED CLIMATE SOLUTIONS
 FUND AND RECIPIENTS OF THE SOLUTIONS GRANTS PROGRAM.
   § 1886. CLIMATE REBATES. 1.  THE  AUTHORITY  SHALL  DEVELOP  A  REBATE
 PROGRAM  TO REDUCE POTENTIAL INCREASED COSTS TO CONSUMERS RESULTING FROM
 REGULATORY CHANGES UNDERTAKEN PURSUANT TO ARTICLE  SEVENTY-FIVE  OF  THE
 ENVIRONMENTAL CONSERVATION LAW.
   2.  PROGRAM DESIGN SHALL BE GUIDED BY THE FINDINGS AND RECOMMENDATIONS
 OF THE FINAL SCOPING PLAN PREPARED PURSUANT TO SECTION  75-0103  OF  THE
 ENVIRONMENTAL  CONSERVATION  LAW  AND  THE  STUDY  CONDUCTED PURSUANT TO
 SUBDIVISION THREE OF THIS SECTION.
   3. THE AUTHORITY, IN CONSULTATION WITH  THE  CLIMATE  JUSTICE  WORKING
 GROUP  ESTABLISHED  PURSUANT  TO  SECTION  75-0111  OF THE ENVIRONMENTAL
 CONSERVATION LAW, SHALL CONDUCT A STUDY TO DETERMINE HOW TO BEST  STRUC-
 TURE  AND  DISTRIBUTE  REBATES  PURSUANT TO THIS SECTION IN AN EQUITABLE
 MANNER. SUCH STUDY SHALL BE COMPLETED BY THE FIRST OF FEBRUARY TWO THOU-
 SAND TWENTY-FOUR.
   4. (A) THE AUTHORITY SHALL ESTABLISH A VARIETY OF REBATE TYPES TO MEET
 THE VARIED NEEDS OF THE PEOPLE OF THE STATE, WHICH MAY INCLUDE TAX CRED-
 S. 5360                             4
 
 ITS, TRANSIT VOUCHERS, DIRECT PAYMENTS,  UTILITY  ASSISTANCE,  OR  OTHER
 FINANCIAL BENEFITS AS ARE REASONABLE AND PRACTICABLE.
   (B)  INDIVIDUALS  RECEIVING  MEANS-TESTED  GOVERNMENT ASSISTANCE SHALL
 RECEIVE REBATES THROUGH MECHANISMS THAT WILL NOT CONSTITUTE  INCOME  FOR
 PURPOSES OF ANY SUCH MEANS-TESTED GOVERNMENT ASSISTANCE PROGRAMS.
   5.  AN  INDIVIDUAL ELIGIBLE FOR A REBATE PURSUANT TO THE PROVISIONS OF
 THIS SECTION MAY OPT OUT OF RECEIVING SUCH REBATE.
   6. THE AUTHORITY SHALL IMPLEMENT THE REBATE PROGRAM IN A  MANNER  THAT
 LIMITS THE ADMINISTRATIVE EFFORT REQUIRED OF RECIPIENTS OF REBATES.
   7.  THE  AUTHORITY  IS AUTHORIZED AND DIRECTED TO PROMULGATE RULES AND
 REGULATIONS TO EFFECT THE PROVISIONS OF THIS SECTION, AND SHALL HOLD  NO
 FEWER THAN THREE PUBLIC HEARINGS IN CONNECTION THEREWITH.
   §  5. The labor law is amended by adding a new article 21-B to read as
 follows:
 
                               ARTICLE 21-B
                    LABOR STANDARDS FOR CLIMATE FUNDING
 SECTION 790. LABOR STANDARDS FOR CLIMATE FUNDING.
   § 790. LABOR STANDARDS FOR CLIMATE FUNDING. 1. PROJECTS FUNDED  PURSU-
 ANT  TO  PARAGRAPHS  (B), (C), AND SUBPARAGRAPH (II) OF PARAGRAPH (D) OF
 SUBDIVISION FIVE OF SECTION NINETY-TWO-KK OF THE STATE FINANCE LAW SHALL
 REQUIRE FOR ANY PROCUREMENT FOR THE  MANUFACTURING  OR  RETROFITTING  AS
 PART  OF  SUCH PROJECT THAT THE COMPONENTS AND PARTS USED OR SUPPLIED IN
 THE PERFORMANCE OF THE CONTRACT OR  ANY  SUBCONTRACT  THERETO  SHALL  BE
 PRODUCED  OR MADE IN WHOLE OR SUBSTANTIAL PART IN THE UNITED STATES, ITS
 TERRITORIES OR POSSESSIONS AND THAT FINAL ASSEMBLY OF ANY ARTICLE PURSU-
 ANT TO SUCH PROJECT SHALL OCCUR IN THE UNITED STATES, ITS TERRITORIES OR
 POSSESSIONS.
    2. THE COMMISSIONER, IN CONSULTATION WITH THE NEW YORK  STATE  ENERGY
 RESEARCH  AND  DEVELOPMENT AUTHORITY AND THE OFFICE OF GENERAL SERVICES,
 MAY WAIVE THE CONTRACTING REQUIREMENTS SET FORTH IN SUBDIVISION  ONE  OF
 THIS  SECTION IF THE COMMISSIONER DETERMINES THAT THE REQUIREMENTS WOULD
 NOT BE IN THE PUBLIC INTEREST, WOULD RESULT IN  UNREASONABLE  COSTS,  OR
 THAT  OBTAINING  SUCH  COMPONENTS  AND  PARTS IN THE UNITED STATES WOULD
 INCREASE THE COST OF A PROJECT BY AN UNREASONABLE AMOUNT, OR SUCH COMPO-
 NENTS AND PARTS CANNOT BE PRODUCED, MADE, OR  ASSEMBLED  IN  THE  UNITED
 STATES IN SUFFICIENT AND REASONABLY AVAILABLE QUANTITIES OR OF SATISFAC-
 TORY  QUALITY.  SUCH  DETERMINATION  SHALL BE MADE ON AN ANNUAL BASIS NO
 LATER THAN DECEMBER THIRTY-FIRST, AFTER PROVIDING NOTICE AND AN OPPORTU-
 NITY FOR PUBLIC COMMENT, AND BE MADE PUBLICLY AVAILABLE, IN WRITING,  ON
 THE  DEPARTMENT'S  WEBSITE  WITH  A DETAILED EXPLANATION OF THE FINDINGS
 LEADING TO SUCH DETERMINATION. IF THE COMMISSIONER HAS  ISSUED  DETERMI-
 NATIONS  FOR  THREE  CONSECUTIVE  YEARS THAT NO SUCH WAIVER IS WARRANTED
 PURSUANT TO THIS PARAGRAPH, THEN THE COMMISSIONER  SHALL  NO  LONGER  BE
 REQUIRED  TO  PROVIDE  THE  ANNUAL DETERMINATIONS REQUIRED BY THIS PARA-
 GRAPH.
   3. (A) NOTHING IN THIS SECTION 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  ANY ENTITY CONTRACTED TO PROVIDE
 SERVICES FOR A PROJECT FUNDED  PURSUANT  TO  PARAGRAPHS  (B),  (C),  AND
 SUBPARAGRAPH  (II) OF PARAGRAPH (D) OF SUBDIVISION FIVE OF SECTION NINE-
 TY-TWO-KK OF THE STATE FINANCE LAW, OR SERVICES ATTENDANT THERETO.
   (B) NOTHING IN THIS  SECTION  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
 S. 5360                             5
 
 BENEFITS;  (II)  THE IMPAIRMENT OF EXISTING COLLECTIVE BARGAINING AGREE-
 MENTS; (III) THE TRANSFER OF EXISTING DUTIES AND FUNCTIONS; OR (IV)  THE
 TRANSFER OF FUTURE DUTIES AND FUNCTIONS, OF ANY CURRENTLY EMPLOYED WORK-
 ER  IMPACTED  BY  THE  PROPOSED  PURCHASE  OR  LEASE  WHO  AGREES  TO BE
 RETRAINED.
   (C) PRIOR TO THE BEGINNING OF THE PROCUREMENT PROCESS  FOR  A  PROJECT
 FUNDED  PURSUANT  TO PARAGRAPHS (B), (C), AND SUBPARAGRAPH (II) OF PARA-
 GRAPH (D) OF SUBDIVISION FIVE OF  SECTION  NINETY-TWO-KK  OF  THE  STATE
 FINANCE LAW AN EMPLOYER WHOSE WORKERS PROVIDE SERVICES FOR SUCH PROJECT,
 SHALL  CREATE  AND  IMPLEMENT  A  WORKFORCE DEVELOPMENT REPORT THAT: (I)
 ESTIMATES THE NUMBER OF CURRENT POSITIONS THAT WOULD  BE  ELIMINATED  OR
 SUBSTANTIALLY  CHANGED  AS  A  RESULT  OF THE PROJECT, AND THE NUMBER OF
 POSITIONS EXPECTED TO BE CREATED BY SUCH EMPLOYER AS  A  RESULT  OF  THE
 PROJECT;  (II)  IDENTIFIES  GAPS IN SKILLS OF ITS CURRENT WORKFORCE THAT
 ARE NEEDED TO PROVIDE  SERVICES  FOR  SUCH  PROJECT;  (III)  INCLUDES  A
 COMPREHENSIVE  PLAN  TO TRANSITION, TRAIN, OR RETRAIN EMPLOYEES THAT ARE
 IMPACTED BY THE PROJECT; AND (IV) CONTAINS AN ESTIMATED BUDGET TO  TRAN-
 SITION, TRAIN, OR RETRAIN EMPLOYEES THAT ARE IMPACTED BY THE PROJECT.
   (D)  NOTHING  IN  THIS  SECTION  SHALL:  (I) LIMIT RIGHTS OF EMPLOYEES
 PURSUANT TO A COLLECTIVE BARGAINING AGREEMENT, OR (II) ALTER THE  EXIST-
 ING REPRESENTATIONAL RELATIONSHIPS AMONG COLLECTIVE BARGAINING REPRESEN-
 TATIVES  OR  THE  BARGAINING  RELATIONSHIPS BETWEEN THE EMPLOYER AND ANY
 COLLECTIVE BARGAINING REPRESENTATIVE. EMPLOYEES OF PUBLIC ENTITIES SERV-
 ING IN POSITIONS IN NEWLY CREATED TITLES SHALL BE ASSIGNED TO THE APPRO-
 PRIATE BARGAINING UNIT.
   (E) PRIOR TO BEGINNING THE PROCUREMENT PROCESS FOR  A  PROJECT  FUNDED
 PURSUANT  TO PARAGRAPHS (B), (C), AND SUBPARAGRAPH (II) OF PARAGRAPH (D)
 OF SUBDIVISION FIVE OF SECTION NINETY-TWO-KK OF THE STATE  FINANCE  LAW,
 AN  EMPLOYER OF WORKERS COVERED BY THIS SECTION SHALL INFORM ITS EMPLOY-
 EES' COLLECTIVE BARGAINING REPRESENTATIVE OF ANY POTENTIAL IMPACT ON ITS
 MEMBERS OR UNIT, INCLUDING POSITIONS THAT MAY BE AFFECTED,  ALTERED,  OR
 ELIMINATED AS A RESULT OF THE PROJECT.
   4.  ANY  WORK  RELATED TO A PROJECT FUNDED PURSUANT TO PARAGRAPHS (B),
 (C), AND SUBPARAGRAPH (II) OF  PARAGRAPH  (D)  OF  SUBDIVISION  FIVE  OF
 SECTION  NINETY-TWO-KK  OF  THE  STATE  FINANCE  LAW SHALL BE CONSIDERED
 PUBLIC WORK AND SHALL BE SUBJECT  TO  PREVAILING  WAGE  REQUIREMENTS  IN
 ACCORDANCE  WITH  SECTION TWO HUNDRED TWENTY AND TWO HUNDRED TWENTY-B OF
 THIS CHAPTER.
   § 6. The state finance law is amended by adding a new section 92-kk to
 read as follows:
   § 92-KK. CLIMATE AND COMMUNITY PROTECTION FUND.  1.  THERE  IS  HEREBY
 ESTABLISHED IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER
 OF  TAXATION  AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "CLIMATE AND
 COMMUNITY PROTECTION FUND".
   2. (A) THE COMPTROLLER SHALL  ESTABLISH  THE  FOLLOWING  SEPARATE  AND
 DISTINCT ACCOUNTS WITHIN THE CLIMATE AND COMMUNITY PROTECTION FUND:
   (I) THE CLIMATE JOBS AND INFRASTRUCTURE ACCOUNT;
   (II) THE COMMUNITY TRANSITION ACCOUNT;
   (III) THE WORKER TRANSITION ACCOUNT; AND
   (IV) THE ENERGY AFFORDABILITY ACCOUNT.
   (B) ALL  MONIES  RECEIVED  BY  THE  COMPTROLLER  FOR  DEPOSIT  IN  THE
 CLIMATE  AND  COMMUNITY PROTECTION FUND SHALL BE DEPOSITED TO THE CREDIT
 OF SUCH ACCOUNTS AS FOLLOWS: FORTY-ONE PERCENT TO THE CLIMATE  JOBS  AND
 INFRASTRUCTURE  ACCOUNT,  TWENTY  PERCENT  TO  THE  COMMUNITY TRANSITION
 ACCOUNT, SIX PERCENT TO THE WORKER TRANSITION ACCOUNT  AND  THIRTY-THREE
 PERCENT  TO  THE  ENERGY  AFFORDABILITY  ACCOUNT.    NO  MONIES SHALL BE
 S. 5360                             6
 
 EXPENDED FROM ANY SUCH ACCOUNT EXCEPT PURSUANT TO APPROPRIATION  BY  THE
 LEGISLATURE.
   3. SUCH FUND SHALL CONSIST OF ALL MONEYS TRANSFERRED PURSUANT TO PARA-
 GRAPH  (C) OF  SUBDIVISION ONE OF SECTION EIGHTEEN HUNDRED FIFTY-NINE OF
 THE PUBLIC AUTHORITIES LAW AND ALL OTHER MONEYS CREDITED OR  TRANSFERRED
 THERETO  FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.  ALL SUCH MONEYS
 SHALL BE INITIALLY DEPOSITED INTO THE CLIMATE AND  COMMUNITY  PROTECTION
 FUND, FOR   APPLICATION AS PROVIDED IN SUBDIVISION FIVE OF THIS SECTION.
   4.   MONEYS IN THE CLIMATE AND COMMUNITY PROTECTION FUND SHALL BE KEPT
 SEPARATE AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTO-
 DY OF THE COMPTROLLER.  ALL DEPOSITS OF SUCH REVENUES SHALL, IF REQUIRED
 BY THE COMPTROLLER, BE SECURED BY OBLIGATIONS OF THE UNITED   STATES  OR
 OF  THE  STATE HAVING A MARKET VALUE EQUAL AT ALL TIMES TO THE AMOUNT OF
 SUCH DEPOSITS AND ALL BANKS AND TRUST COMPANIES ARE AUTHORIZED  TO  GIVE
 SECURITY  FOR  SUCH DEPOSITS. ANY SUCH MONEYS IN SUCH FUND MAY, UPON THE
 DISCRETION OF THE COMPTROLLER, BE INVESTED IN OBLIGATIONS IN  WHICH  THE
 COMPTROLLER  IS  AUTHORIZED TO INVEST PURSUANT TO SECTION NINETY-EIGHT-A
 OF THIS ARTICLE.
   5. (A) ALL  MONEYS  HERETOFORE  AND   HEREAFTER   DEPOSITED   IN   THE
 CLIMATE  AND COMMUNITY PROTECTION TRANSFER ACCOUNT SHALL BE  TRANSFERRED
 BY  THE COMPTROLLER ONLY TO THE CLIMATE JOBS AND INFRASTRUCTURE ACCOUNT,
 COMMUNITY TRANSITION ACCOUNT,  WORKER  TRANSITION  ACCOUNT,  AND  ENERGY
 AFFORDABILITY  ACCOUNT.   SUCH TRANSFERS SHALL BE MADE AT THE REQUEST OF
 THE DIRECTOR OF THE BUDGET.
   (B) MONEYS OF THE CLIMATE JOBS AND  INFRASTRUCTURE  ACCOUNT  SHALL  BE
 AVAILABLE,   PURSUANT  TO APPROPRIATION AND UPON CERTIFICATE OF APPROVAL
 OF AVAILABILITY ONLY FOR PROJECTS UNDER TITLE NINE-A OF ARTICLE EIGHT OF
 THE PUBLIC AUTHORITIES LAW, PROJECTS  UNDER  TITLE  FIFTEEN  OF  ARTICLE
 FIFTY-FOUR  OF  THE  ENVIRONMENTAL  CONSERVATION LAW, THE NEW YORK STATE
 ENERGY RESEARCH AND DEVELOPMENT AUTHORITY NY-SUN PROGRAM, THE  NEW  YORK
 STATE  ENERGY  RESEARCH  AND  DEVELOPMENT  AUTHORITY P-12 SCHOOLS: CLEAN
 GREEN SCHOOLS INITIATIVE, OFFSHORE WIND PROJECTS,  TRANSIT  AUTHORITIES,
 THE  NEW  YORK  STATE  ENERGY  RESEARCH  AND DEVELOPMENT AUTHORITY TRUCK
 VOUCHER INCENTIVE PROGRAM, THE NEW YORK STATE ENERGY RESEARCH AND DEVEL-
 OPMENT AUTHORITY REGIONAL CLEAN ENERGY HUBS PROGRAM, THE NEW YORK  STATE
 ENERGY  RESEARCH  AND  DEVELOPMENT AUTHORITY RENEWABLE CAPITAL PROGRAMS,
 METHANE  LEAKAGE  DETECTION  PROJECTS,  THERMAL  ENERGY  NETWORK   PILOT
 PROGRAMS, COST ASSOCIATE WITH SECTION THIRTY-SIX HUNDRED THIRTY-EIGHT OF
 THE  EDUCATION  LAW,  THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT
 AUTHORITY AFFORDABLE MULTIFAMILY ENERGY EFFICIENCY PROGRAM, THE NEW YORK
 STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY NEW YORK  TRUCK  VOUCHER
 INCENTIVE  PROGRAM,  THE  AGRICULTURAL  ENVIRONMENTAL MANAGEMENT PROGRAM
 ESTABLISHED  IN  ARTICLE  ELEVEN-A  OF THE AGRICULTURE AND MARKETS  LAW,
 THE  NEW  YORK  CITY HOUSING PRESERVATION AND DEVELOPMENT-NEW YORK STATE
 ENERGY RESEARCH AND DEVELOPMENT AUTHORITY RETROFIT ELECTRIFICATION PILOT
 PROGRAM, ZERO-EMISSION STATE LIGHT-DUTY VEHICLE FLEET PROCUREMENT, ZERO-
 EMISSION MEDIUM- AND  HEAVY-DUTY  VEHICLE  REBATES  FOR  MUNICIPALITIES,
 ZERO-EMISSION  LIGHT-DUTY  VEHICLE  REBATES  FOR  MUNICIPALITIES,    THE
 DEPARTMENT OF ENVIRONMENTAL CONSERVATION'S URBAN AND COMMUNITY  FORESTRY
 GRANT  PROGRAM,  THE  FOREST  CONSERVATION  EASEMENT  LAND  TRUSTS GRANT
 PROGRAM, NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY  CLEAN
 HEAT  PROGRAM  REBATES AND INCENTIVES, PROGRAMS RELATED TO THE NEW EFFI-
 CIENCY: NEW YORK REPORT, AND OTHER PROGRAMS ADMINISTERED BY THE  DEPART-
 MENT OF ENVIRONMENTAL CONSERVATION OR THE NEW YORK STATE ENERGY RESEARCH
 AND  DEVELOPMENT AUTHORITY WHICH, IN THE DETERMINATION OF THE DEPARTMENT
 S. 5360                             7
 
 OF ENVIRONMENTAL CONSERVATION OR THE NEW YORK STATE ENERGY RESEARCH  AND
 DEVELOPMENT AUTHORITY, AS APPLICABLE, MEET THE FOLLOWING REQUIREMENTS:
   (I)  THE  PROJECT WILL RESULT IN DIRECT REDUCTIONS IN STATEWIDE GREEN-
 HOUSE GAS EMISSIONS AND/OR CO-POLLUTANTS IN COMPLIANCE  WITH  PROVISIONS
 OF  SUBDIVISIONS  TWO  AND THREE OF SECTION 75-0109 OF THE ENVIRONMENTAL
 CONSERVATION LAW;
   (II) THE PROJECT WILL NOT UTILIZE ANY COMBUSTION FUELS OR FOSSIL FUELS
 IN OPERATION; AND
   (III) THE PROJECT WILL CREATE JOBS  OR  SUPPORT  ECONOMIC  DEVELOPMENT
 SUBJECT  TO  THE  STANDARDS SET FORTH IN SECTION SEVEN HUNDRED NINETY OF
 THE LABOR LAW.
   (C) MONEYS FROM THE COMMUNITY TRANSITION ACCOUNT SHALL BE   AVAILABLE,
 PURSUANT TO APPROPRIATION AND UPON CERTIFICATE OF APPROVAL OF AVAILABIL-
 ITY BY THE  DIRECTOR OF THE BUDGET, ONLY FOR DEPARTMENT OF ENVIRONMENTAL
 CONSERVATION   ENVIRONMENTAL  JUSTICE  GRANTS,  NEW  YORK  STATE  ENERGY
 RESEARCH AND DEVELOPMENT AUTHORITY ENERGY EQUITY COLLABORATIVE, AND  THE
 COMMUNITY  DIRECTED  CLIMATE  SOLUTIONS  GRANTS  PROGRAM  AS ESTABLISHED
 PURSUANT TO SECTION EIGHTEEN HUNDRED EIGHTY-FIVE OF THE PUBLIC  AUTHORI-
 TIES LAW.
   (D)  MONEYS  FROM  THE  WORKER  TRANSITION ACCOUNT SHALL BE AVAILABLE,
 PURSUANT TO APPROPRIATION, AND UPON CERTIFICATE OF  APPROVAL  OF  AVAIL-
 ABILITY BY THE  DIRECTOR OF THE BUDGET, ONLY FOR:
   (I)  GRANTS, INCOME SUPPORT, OR PROGRAMS ADMINISTERED BY A LABOR UNION
 OR THE DEPARTMENT OF LABOR WHICH  PROVIDE  DIRECT  SUPPORT  FOR  WORKERS
 ADVERSELY  AFFECTED  OR  DISPLACED  BY  FOSSIL  FUEL  FACILITY CLOSURES,
 INCLUDING SUPPORT FOR SUCH WORKERS IN STARTING NEW BUSINESS ENTERPRISES.
   (II) GRANTS, TAX REPLACEMENT, PAYMENT IN LIEU OF TAXES, OR PROGRAMMAT-
 IC SUPPORT FOR LOCAL GOVERNMENTS AND COUNTIES WHICH HAVE  HOSTED  FOSSIL
 FUEL OR ENERGY INFRASTRUCTURE SIGNIFICANTLY IMPACTED BY ENERGY REGULATO-
 RY CHANGES, INCLUDING:
   (A)  THE  EMPIRE  STATE  DEVELOPMENT CORPORATION'S ELECTRIC GENERATION
 FACILITY CESSATION MITIGATION PROGRAM;
   (B) THE NEW YORK STATE ENERGY  RESEARCH  AND  DEVELOPMENT  AUTHORITY'S
 JUST TRANSITION SITE REUSE PLANNING PROGRAM; AND
   (C)  STATE  ASSISTANCE  FOR  BROWNFIELD  OPPORTUNITY AREAS PURSUANT TO
 SECTION NINE HUNDRED SEVENTY-R OF THE GENERAL MUNICIPAL LAW.
   (E) MONEYS FROM THE ENERGY AFFORDABILITY ACCOUNT SHALL  BE  AVAILABLE,
 PURSUANT TO APPROPRIATION AND UPON CERTIFICATE OF APPROVAL OF AVAILABIL-
 ITY BY THE DIRECTOR OF THE BUDGET, FOR:
   (I)  PROGRAMS  THAT  PREVENT  INCREASES IN ENERGY BURDEN DUE TO ENERGY
 REGULATORY CHANGES;
   (II) REDUCING ENERGY USE AND UTILITY COSTS FOR LOW-  AND  MODERATE-IN-
 COME HOUSEHOLDS, SMALL BUSINESSES, AND NOT-FOR-PROFITS;
   (III) AFFORDABILITY REBATE PAYMENTS TO HELP REDUCE POTENTIAL INCREASED
 COSTS OF VARIOUS GOODS AND SERVICES THAT MAY RESULT FROM THE IMPLEMENTA-
 TION OF REGULATIONS PROMULGATED PURSUANT TO SECTION 75-0109 OF THE ENVI-
 RONMENTAL CONSERVATION LAW; AND
   (IV)  ASSISTANCE PURSUANT TO SECTION EIGHTEEN HUNDRED SEVENTY-TWO-B OF
 THE PUBLIC AUTHORITIES LAW.
   (F) AGENCIES OR AUTHORITIES DISTRIBUTING MONEYS  OF  THE  CLIMATE  AND
 COMMUNITY  PROTECTION FUND SHALL BE ENTITLED TO RECOVER FROM SUCH MONEYS
 THEIR OWN NECESSARY AND DOCUMENTED COSTS INCURRED IN ADMINISTERING  SUCH
 DISTRIBUTIONS,  PROVIDED,  HOWEVER,  SUMS  SO RECOVERED SHALL NOT EXCEED
 FIVE PERCENT OF SUCH MONEYS DISTRIBUTED.
   6.  ALL PAYMENTS OF MONEYS FROM THE  FUND  SHALL  BE  SUBJECT  TO  THE
 PROVISIONS  OF  SECTION  75-0117  OF THE ENVIRONMENTAL CONSERVATION LAW,
 S. 5360                             8
 
 PROVIDED THAT, NOTWITHSTANDING  THE  PROVISIONS  THEREOF,  DISADVANTAGED
 COMMUNITIES  SHALL  RECEIVE NO LESS THAN FORTY PERCENT OF SUCH PAYMENTS.
 PAYMENTS MADE FROM THE CLIMATE JOBS AND INFRASTRUCTURE ACCOUNT  PURSUANT
 TO  PARAGRAPH  (B)  OF  SUBDIVISION  FIVE OF THIS SECTION, THE COMMUNITY
 TRANSITION ACCOUNT PURSUANT TO PARAGRAPH (C) OF SUBDIVISION FIVE OF THIS
 SECTION, AND PAYMENTS PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (D)  OF
 SUBDIVISION FIVE OF THIS SECTION SHALL BE SUBJECT TO THE REQUIREMENTS OF
 SECTION SEVEN HUNDRED NINETY OF THE LABOR LAW, AS APPLICABLE.
   7. ALL PAYMENTS OF MONEYS FROM THE FUND SHALL BE MADE ON THE AUDIT AND
 WARRANT OF THE COMPTROLLER.
   8. NOTWITHSTANDING ANY OTHER LAW TO THE  CONTRARY  AND  IN  ACCORDANCE
 WITH  SECTION FOUR OF THIS CHAPTER, THE COMPTROLLER IS HEREBY AUTHORIZED
 AT  THE  DIRECTION  OF THE DIRECTOR   OF  THE  DIVISION OF THE BUDGET TO
 TRANSFER MONEYS FROM THE GENERAL  FUND  TO  THE  CLIMATE  AND  COMMUNITY
 PROTECTION  FUND  FOR  THE  PURPOSE  OF  MAINTAINING THE SOLVENCY OF THE
 CLIMATE AND COMMUNITY PROTECTION  FUND. IF, IN ANY FISCAL  YEAR,  MONEYS
 IN  THE CLIMATE AND COMMUNITY PROTECTION FUND ARE DEEMED INSUFFICIENT BY
 THE DIRECTOR OF THE DIVISION OF THE BUDGET TO  MEET  ACTUAL  AND  ANTIC-
 IPATED  DISBURSEMENTS  FROM  ENACTED  APPROPRIATIONS OR REAPPROPRIATIONS
 MADE PURSUANT TO THIS SECTION, THE COMPTROLLER SHALL AT THE DIRECTION OF
 THE DIRECTOR OF THE DIVISION OF THE BUDGET, TRANSFER  FROM  THE  GENERAL
 FUND  TO  THE CLIMATE AND COMMUNITY PROTECTION FUND MONEYS SUFFICIENT TO
 MEET SUCH DISBURSEMENTS. SUCH TRANSFERS SHALL BE MADE ONLY UPON  CERTIF-
 ICATION  OF  NEED  BY  THE  DIRECTOR OF THE DIVISION OF THE BUDGET, WITH
 COPIES OF SUCH CERTIFICATION FILED WITH THE CHAIRPERSON  OF  THE  SENATE
 FINANCE  COMMITTEE,  THE  CHAIRPERSON  OF  THE  ASSEMBLY  WAYS AND MEANS
 COMMITTEE AND THE STATE COMPTROLLER.
   § 7. This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5360--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 2, 2023
                                ___________
 
 Introduced   by  Sens.  HARCKHAM,  BROUK,  CLEARE,  GIANARIS,  GONZALEZ,
   GOUNARDES, HOYLMAN-SIGAL, JACKSON, KRUEGER, MAY, MYRIE, RIVERA,  SALA-
   ZAR,  SEPULVEDA,  SERRANO, WEBB -- read twice and ordered printed, and
   when printed to be committed to the Committee on Environmental Conser-
   vation -- committee discharged, bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN  ACT  to  amend the public authorities law, the state finance law and
   the labor law, in relation to climate and community protection
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    The  public  authorities law is amended by adding a new
 section 1885 to read as follows:
   § 1885. OFFICE OF EQUITY FOR ENERGY AND CLIMATE.  1.  DEFINITIONS.  AS
 USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
 INGS:
   (A)  "COMMUNITY  SOLUTIONS  FUND"  SHALL  MEAN  THE COMMUNITY DIRECTED
 CLIMATE SOLUTIONS FUND ESTABLISHED PURSUANT TO SUBDIVISION THREE OF THIS
 SECTION.
   (B) "OFFICE" SHALL MEAN THE OFFICE OF EQUITY FOR  ENERGY  AND  CLIMATE
 ESTABLISHED PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
   (C)  "SOLUTIONS  GRANTS  PROGRAM"  SHALL  MEAN  THE COMMUNITY DIRECTED
 CLIMATE SOLUTIONS GRANTS PROGRAM  ESTABLISHED  PURSUANT  TO  SUBDIVISION
 FOUR OF THIS SECTION.
   2.  OFFICE  OF EQUITY FOR ENERGY AND CLIMATE. (A) THERE IS ESTABLISHED
 WITHIN THE AUTHORITY AN OFFICE OF EQUITY FOR ENERGY AND CLIMATE.
   (B) THE PURPOSE OF THE OFFICE OF EQUITY FOR ENERGY AND CLIMATE  IS  TO
 SUPPORT  LOCAL  AND  COMMUNALLY  DEVELOPED  CLIMATE  PROJECTS TO SUPPORT
 DISADVANTAGED COMMUNITIES, INCLUDING BY ESTABLISHING  AND  ADMINISTERING
 THE  COMMUNITY  SOLUTIONS FUND AND THE SOLUTIONS GRANTS PROGRAM PURSUANT
 TO SUBDIVISIONS THREE AND FOUR OF THIS SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09930-07-3
 S. 5360--A                          2
              

 
   (C) THE OFFICE OF EQUITY FOR ENERGY AND CLIMATE SHALL BE MANAGED BY  A
 DIRECTOR  WHO SHALL REPORT TO THE MEMBER OF THE COMMISSIONER'S EXECUTIVE
 LEADERSHIP TEAM WHOSE ROLE IS  TO  INSTITUTIONALIZE  AND  OPERATIONALIZE
 CLIMATE  AND  ENVIRONMENTAL EQUITY AND JUSTICE WITHIN THE AUTHORITY. THE
 OFFICE SHALL ALSO REPORT TO AND BE SUPPORTED BY THE MEMBER OF THE GOVER-
 NOR'S  EXECUTIVE  LEADERSHIP  TEAM  WHOSE  ROLE AND RESPONSIBILITY IS TO
 INSTITUTIONALIZE AND OPERATIONALIZE  EQUITY  AND  JUSTICE  ACROSS  STATE
 GOVERNMENT OPERATIONS.
   3.  THE  COMMUNITY  DIRECTED CLIMATE SOLUTIONS FUND.   THERE IS ESTAB-
 LISHED WITHIN THE OFFICE THE COMMUNITY SOLUTIONS FUND, OUT OF WHICH  THE
 OFFICE SHALL MAKE GRANTS PURSUANT TO THE SOLUTIONS GRANTS PROGRAM.
   4. COMMUNITY DIRECTED CLIMATE SOLUTIONS GRANTS PROGRAM. (A) THE OFFICE
 SHALL  ESTABLISH THE COMMUNITY DIRECTED CLIMATE SOLUTIONS GRANTS PROGRAM
 TO PROVIDE ASSISTANCE TO COMMUNITY-BASED  ORGANIZATIONS,  PROJECTS,  AND
 INITIATIVES  THAT MAY NOT MEET APPLICATION CRITERIA FOR OTHER ASSISTANCE
 PROGRAMS, OR FOR WHICH OTHER ASSISTANCE PROGRAMS ARE INADEQUATE.
   (B) THE OFFICE SHALL DESIGN  THE  SOLUTIONS  GRANTS  PROGRAM,  TO  THE
 EXTENT  PRACTICABLE  AND  PERMISSIBLE,  TO MAXIMIZE THE ABILITY OF GRANT
 RECIPIENTS TO USE SUCH GRANTS AS  MATCHING  FUNDS  IN  OTHER  ASSISTANCE
 PROGRAM  APPLICATIONS  AND/OR  TO  LEVERAGE THE FUNDING TO RECEIVE ADDI-
 TIONAL GRANTS FROM OTHER ASSISTANCE PROGRAMS.
   (C) THE OFFICE SHALL IDENTIFY THE NEEDS OF  DISADVANTAGED  COMMUNITIES
 TO  PRIORITIZE  GRANT  ALLOCATION.    SUCH  IDENTIFICATION PROCESS SHALL
 INCLUDE SIGNIFICANT CONSULTATION WITH COMMUNITY STAKEHOLDERS IN A VARIE-
 TY OF DISADVANTAGED COMMUNITIES THROUGHOUT THE  STATE,  AT  LEAST  THREE
 PUBLIC  HEARINGS,  AND OTHER OPPORTUNITIES FOR PUBLIC INPUT.  THE OFFICE
 SHALL ALSO CONSULT WITH THE CLIMATE JUSTICE  WORKING  GROUP  ESTABLISHED
 PURSUANT TO SECTION 75-0111 OF THE ENVIRONMENTAL CONSERVATION LAW.
   (D) APPLICANTS ELIGIBLE FOR THE SOLUTIONS GRANTS PROGRAM:
   (I)  LEAD  APPLICANTS  ELIGIBLE FOR GRANTS SHALL BE CONSTITUENCY-BASED
 ORGANIZATIONS, TRIBAL NATIONS, OR, IN COMMUNITIES WHERE NEITHER  CONSTI-
 TUENCY-BASED ORGANIZATIONS OR TRIBAL NATIONS EXIST, A MUNICIPALITY.
   (II)   SUB-APPLICANTS  MAY  INCLUDE  OTHER  NON-PROFIT  ORGANIZATIONS,
 ACADEMIC  INSTITUTIONS,  BUSINESS  ENTITIES,  MUNICIPALITIES  AND  OTHER
 STAKEHOLDERS.
   (E)  THE  FOLLOWING RESTRICTIONS SHALL APPLY TO THE COMMUNITY DIRECTED
 CLIMATE SOLUTIONS GRANTS PROGRAM:
   (I) GRANTS SHALL ONLY BE MADE FOR PROJECTS THAT REDUCE GREENHOUSE  GAS
 EMISSIONS, ENERGY COSTS, ENHANCE CLIMATE CHANGE RESILIENCY INCLUDING BUT
 NOT  LIMITED  TO FLOODING PROTECTIONS AND REDUCTION OF URBAN HEAT ISLAND
 EFFECTS, REDUCE LOCAL POLLUTION, OR THAT SUPPORT COMMUNITY OWNERSHIP AND
 GOVERNANCE OF ENERGY INFRASTRUCTURE.
   (II) AT LEAST SEVENTY-FIVE PERCENT OF FUNDING  MUST  SUPPORT  PROJECTS
 LOCATED WITHIN DISADVANTAGED COMMUNITIES.
   (III)  UP  TO  TWENTY-FIVE  PERCENT  OF  FUNDING  MAY SUPPORT PROJECTS
 LOCATED OUTSIDE DISADVANTAGED COMMUNITIES, PROVIDED  THAT  SUCH  FUNDING
 PROVIDES  A  BENEFIT TO DISADVANTAGED COMMUNITIES, INCLUDING THOSE BENE-
 FITS IDENTIFIED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH.
   (IV) TO THE EXTENT PRACTICABLE, GRANTS SHALL BE DISTRIBUTED  EQUITABLY
 TO DISADVANTAGED COMMUNITIES THROUGHOUT THE STATE, BASED ON POPULATION.
   (V) GRANTS SHALL ONLY BE MADE FOR PROJECTS WHICH SATISFY THE COMMUNITY
 DECISION-MAKING  AND  ACCOUNTABILITY  STANDARDS  ESTABLISHED PURSUANT TO
 SUBDIVISION FIVE OF THIS SECTION.
   (VI) PROJECTS FUNDED BY GRANTS MADE UNDER THE SOLUTIONS GRANTS PROGRAM
 SHALL BE SUBJECT TO THE PROVISIONS OF SECTION TWO HUNDRED  TWENTY-FOUR-F
 OF  THE  LABOR  LAW,  SECTION SIXTY-SIX-V OF THE PUBLIC SERVICE LAW, AND
 S. 5360--A                          3
 
 SECTION FIVE OF PART TT OF CHAPTER FIFTY-SIX OF THE LAWS OF TWO THOUSAND
 TWENTY-THREE.
   (VII)  PREFERENCE SHALL BE GIVEN TO PROPOSALS THAT INCLUDE SIGNIFICANT
 PARTICIPATION BY MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES.
   5. THE OFFICE SHALL DEVELOP  AND  ESTABLISH  STANDARDS  FOR  COMMUNITY
 DECISION-MAKING  AND  ACCOUNTABILITY MECHANISMS WITH RESPECT TO ELIGIBLE
 PROJECTS AND THE USE OF GRANT FUNDING PURSUANT TO THE PROVISIONS OF THIS
 SECTION.
   6. BEGINNING ONE YEAR AFTER ITS ESTABLISHMENT AND ANNUALLY THEREAFTER,
 THE OFFICE SHALL SUBMIT A REPORT TO THE CLIMATE  JUSTICE  WORKING  GROUP
 ESTABLISHED  PURSUANT  TO SECTION 75-0111 OF THE ENVIRONMENTAL CONSERVA-
 TION LAW ON THE USE OF FUNDS IN THE COMMUNITY DIRECTED CLIMATE SOLUTIONS
 FUND AND RECIPIENTS OF THE SOLUTIONS GRANTS PROGRAM.
   § 2. Paragraph (c) of subdivision 3 of  section  99-qq  of  the  state
 finance  law, as added by section 2 of part TT of chapter 56 of the laws
 of 2023, is amended to read as follows:
   (c) The New York climate action fund climate investment account  shall
 consist  of  moneys  received  by the state pursuant to paragraph (c) of
 subdivision twenty-five of section eighteen hundred  fifty-four  of  the
 public  authorities law, and all other moneys appropriated, credited, or
 transferred thereto from any other  fund  or  source  pursuant  to  law.
 Moneys  of  the  account  shall  be  made  available for the purposes of
 assisting the state in transitioning to a less carbon intensive economy,
 including but not limited to: (i) purposes which are consistent with the
 general findings of  the  scoping  plan  prepared  pursuant  to  section
 75-0103  of  the environmental conservation law; (ii) administrative and
 implementation costs, auction design and support costs, program  design,
 evaluation,  and  other  associated  costs;  [and]  (iii) measures which
 prioritize disadvantaged communities by  supporting  actions  consistent
 with  the  requirements  of  paragraph d of subdivision three of section
 75-0109 and of section 75-0117 of the  environmental  conservation  law,
 identified  through  community  decision-making  and  stakeholder input,
 including early action to reduce greenhouse gas emissions  in  disadvan-
 taged  communities;  AND  (IV)  FUNDING  THE  COMMUNITY DIRECTED CLIMATE
 SOLUTIONS  GRANTS  PROGRAM  ESTABLISHED  PURSUANT  TO  SECTION  EIGHTEEN
 HUNDRED  EIGHTY-FIVE  OF  THE  PUBLIC AUTHORITIES LAW.   AT LEAST TWENTY
 PERCENT OF THE CLIMATE INVESTMENT ACCOUNT SHALL BE DIRECTED  TOWARD  THE
 COMMUNITY DIRECTED CLIMATE SOLUTIONS GRANT PROGRAM.
   § 3. The labor law is amended by adding a new section 224-g to read as
 follows:
   §  224-G. NEW YORK JOBS PLAN REQUIREMENTS FOR CERTAIN PROJECTS. 1.  AS
 USED IN THIS SECTION, THE "NEW YORK JOBS PLAN" REFERS TO THE INFORMATION
 SUBMITTED BY THE CONTRACTOR, ITS SUPPLIER, AND ITS MAJOR SUPPLIER  WHICH
 STATES  THE MINIMUM NUMBER OF JOBS; PROPOSED WAGES, BENEFITS, INVESTMENT
 IN TRAINING; TARGETED HIRING PLANS FOR DISPLACED WORKERS AND INDIVIDUALS
 FACING BARRIERS TO EMPLOYMENT FOR JOBS CREATED OR RETAINED IN NEW YORK.
   2. ANY PUBLIC ENTITY REQUESTING BIDS OR AWARDING CONTRACTS FOR RENEWA-
 BLE ENERGY PROJECTS, ENERGY EFFICIENCY PROJECTS, OR OTHER PROJECTS FUND-
 ED BY THE CLIMATE AND COMMUNITY PROTECTION FUND, EXCEPT FOR CONSTRUCTION
 PROJECTS, SHALL REQUIRE ANY APPLICANT, BIDDER, OR RESPONDER TO SUBMIT  A
 NEW  YORK  JOBS  PLAN  AS  PART OF ITS APPLICATION, BID OR RESPONSE. THE
 DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND THE NEW YORK  STATE  ENERGY
 AND  RESEARCH  DEVELOPMENT AUTHORITY (NYSERDA), IN CONSULTATION WITH THE
 DEPARTMENT, SHALL DEVELOP ALL FORMS, PROCEDURES, EVALUATION AND  SCORING
 CRITERIA, AND GUIDANCE, NECESSARY FOR THE IMPLEMENTATION OF THE NEW YORK
 JOBS  PLAN.  TO  THE  EXTENT  FEASIBLE,  THE DEPARTMENT OF ENVIRONMENTAL
 S. 5360--A                          4
 
 CONSERVATION AND NYSERDA, IN CONSULTATION  WITH  THE  DEPARTMENT,  SHALL
 CONSIDER  THE  INPUT  AND RECOMMENDATIONS OF RELEVANT PUBLIC ENTITIES ON
 THE DEVELOPMENT OF THE NEW YORK JOBS PLAN.
   3.  THE  NEW  YORK  JOBS  PLAN  SHALL REQUIRE APPLICANTS, BIDDERS, AND
 RESPONDERS TO PROVIDE INFORMATION ON JOBS THAT WOULD RESULT  FROM  BEING
 AWARDED  THE BID OR CONTRACT FOR SUCH PROJECTS. AT A MINIMUM, THIS SHALL
 INCLUDE THE FOLLOWING INFORMATION FOR NONSUPERVISORY  POSITIONS,  BROKEN
 DOWN BY CLASSIFICATION:
   (A)  THE  NUMBER  OF  FULL-TIME  NON-TEMPORARY  JOBS RETAINED, AND THE
 NUMBER TO BE CREATED.
   (B) THE NUMBER OF POSITIONS CLASSIFIED AS  EMPLOYEES,  AS  DEFINED  IN
 SECTION SEVEN HUNDRED FORTY OF THIS CHAPTER, AND POSITIONS CLASSIFIED AS
 INDEPENDENT CONTRACTORS.
   (C)  THE  NUMBER  OF  JOBS TO BE SPECIFICALLY RESERVED FOR INDIVIDUALS
 FACING BARRIERS TO EMPLOYMENT AND THE NUMBER TO BE RESERVED FOR INDIVID-
 UALS FROM DISADVANTAGED COMMUNITIES.
   (D) THE MINIMUM WAGES AND FRINGE BENEFITS AMOUNTS TO BE PAID.
   (E) THE PROPOSED AMOUNTS FOR WORKER TRAINING AND INFORMATION ABOUT ANY
 EXISTING APPRENTICESHIP PROGRAM REGISTERED  WITH  THE  DEPARTMENT  OR  A
 FEDERALLY  RECOGNIZED STATE APPRENTICESHIP AGENCY AND THAT COMPLIES WITH
 THE REQUIREMENTS UNDER PARTS 29 AND 30 OF TITLE 29 OF THE CODE OF FEDER-
 AL REGULATIONS.
   (F) IN THE EVENT THAT A FEDERAL AUTHORITY SPECIFICALLY AUTHORIZES  USE
 OF  A  GEOGRAPHIC PREFERENCE OR WHEN COVERED PUBLIC CONTRACTS ARE FUNDED
 EXCLUSIVELY THROUGH STATE OR LOCAL FUNDS, THE NEW YORK JOBS  PLAN  SHALL
 REQUIRE INFORMATION ON THE NUMBER OF LOCAL JOBS TO BE CREATED.
   4.  AWARDING PUBLIC ENTITIES SHALL REQUIRE THE SAME NEW YORK JOBS PLAN
 INFORMATION TO BE SUBMITTED FROM ALL KNOWN SUBCONTRACTORS AT THE TIME OF
 THE SOLICITATION OR BID FOR THE PROJECT IS RELEASED.
   5. NEW YORK JOBS PLAN COMMITMENTS SHALL BE INCLUDED  IN  THE  CONTRACT
 AWARDED BY THE PUBLIC ENTITY OR ITS CONTRACTORS AS A MATERIAL TERM.
   6.  FOR  NON-COMPETITIVE  PUBLIC CONTRACTS AWARDED UNDER THIS SECTION,
 APPLICANTS, BIDDERS, OR RESPONDERS SHALL CREATE A NEW YORK JOBS PLAN  AS
 SET  FORTH  IN  THIS  SECTION.  FOR COMPETITIVE PUBLIC CONTRACTS, PUBLIC
 ENTITIES SHALL  AWARD  CONTRACTS  USING  A  COMPETITIVE  BEST-VALUE  BID
 PROCUREMENT  PROCESS.  THE  APPLICANTS,  BIDDERS, OR RESPONDERS NEW YORK
 JOBS PLAN SHALL BE SCORED AS A PART OF THE OVERALL APPLICATION  FOR  THE
 PUBLIC   CONTRACT,  AWARDING  ADDITIONAL  CONSIDERATION  TO  APPLICANTS,
 BIDDERS, OR RESPONDERS WHO DO ANY OF THE FOLLOWING:
   (A) HAVE THE GREATEST BENEFICIAL ECONOMIC  IMPACT  ON  THE  STATE  AND
 LOCAL  ECONOMIES  AS A RESULT OF RECEIVING THE PUBLIC CONTRACT, BASED ON
 THE PRIORITY CRITERIA OUTLINED IN ITS NEW YORK JOBS PLAN.
   (B) ENHANCE THE STATE'S COMMITMENT TO ENERGY  CONSERVATION,  POLLUTION
 AND GREENHOUSE GAS EMISSIONS REDUCTION, AND TRANSPORTATION EFFICIENCY.
   (C)  RETAIN  THE GREATEST NUMBER OF FULL-TIME, NON-TEMPORARY EMPLOYEES
 COMPENSATED AT A WAGE RATE FOR THE PROJECT JURISDICTION  AS  ESTABLISHED
 IN  THE  LIVING WAGE CALCULATOR PUBLISHED BY THE MASSACHUSETTS INSTITUTE
 OF TECHNOLOGY, USING THE LIVING WAGE RATE FOR A HOUSEHOLD OF TWO WORKING
 ADULTS WITH TWO CHILDREN IN THE JURISDICTION OF THE PROJECT.
   (D) MAKE CONCRETE COMMITMENTS TO CREATING THE GREATEST NUMBER OF FULL-
 TIME, NON-TEMPORARY JOBS COMPENSATING EMPLOYEES AT A  WAGE  RATE  AT  OR
 ABOVE  THE  LIVING WAGE RATE FOR THE PROJECT JURISDICTION AS ESTABLISHED
 IN THE LIVING WAGE CALCULATOR PUBLISHED BY THE  MASSACHUSETTS  INSTITUTE
 OF TECHNOLOGY, USING THE LIVING WAGE RATE FOR A HOUSEHOLD OF TWO WORKING
 ADULTS WITH TWO CHILDREN IN THE JURISDICTION OF THE PROJECT.
 S. 5360--A                          5
 
   (E)  COMMIT  TO  AT  LEAST NINETY PERCENT OF THE LABOR ON THE CONTRACT
 BEING PERFORMED BY WORKERS CLASSIFIED AS EMPLOYEES.
   (F)  OFFER  TARGETED TRAINING AND OPPORTUNITIES FOR INDIVIDUALS FACING
 BARRIERS TO EMPLOYMENT AND WORKERS FROM DISADVANTAGED COMMUNITIES.
   7. THE  DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION  AND  NYSERDA,  IN
 CONSULTATION  WITH  THE  DEPARTMENT, SHALL DEVELOP A WEB-BASED PORTAL TO
 TRACK NEW YORK JOBS PLAN COMMITMENTS AND COMPLIANCE.
   (A) ALL NEW YORK JOBS PLAN COMMITMENTS AND COMPLIANCE REPORTING  SHALL
 BE VIEWABLE BY THE PUBLIC, THROUGH THE WEB-BASED PORTAL.
   (B)  RECIPIENTS  OF  PUBLIC  CONTRACTS,  SHALL  ON AN ANNUAL BASIS, BE
 REQUIRED TO UPLOAD PROGRESS REPORTS ON EACH OF THE COMMITMENTS  INCLUDED
 IN THEIR NEW YORK JOBS PLAN APPLICATION, FOR THE DURATION OF THE COVERED
 PUBLIC CONTRACT.
   (C) THE PORTAL SHALL BE DESIGNED IN SUCH A MANNER THAT IF THE INFORMA-
 TION  ENTERED  INTO  THE  PORTAL  INDICATES A FAILURE TO COMPLY WITH THE
 COMMITMENTS MADE IN THE NEW YORK  JOBS  PLAN,  AN  AUTOMATIC  NOTICE  OF
 NONCOMPLIANCE  WOULD BE SENT TO THE PUBLIC ENTITY FOR THE COVERED PUBLIC
 CONTRACT.
   (D) NONCOMPLIANCE WITH NEW YORK JOBS PLAN  COMMITMENTS  WOULD  VIOLATE
 THE  TERMS  OF THE PUBLIC CONTRACT. AT A MINIMUM THESE COMMITMENTS WOULD
 BE ENFORCEABLE THROUGH STANDARD BREACH OF CONTRACT  REMEDIES,  INCLUDING
 BUT NOT LIMITED TO, TERMINATION OF THE PUBLIC CONTRACT.
   § 4. This act shall take effect immediately.