S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9099
 
                             I N  S E N A T E
 
                              April 22, 2024
                                ___________
 
 Introduced  by  Sen.  RIVERA -- 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, the state finance law, the
   energy law, the executive law, the labor law and the emergency  tenant
   protection  act  of nineteen seventy-four, in relation to enacting the
   "bucks for boilers 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 "bucks for boilers act".
   § 2. The public authorities law is amended by  adding  a  new  section
 1885 to read as follows:
   §  1885.  BUCKS FOR BOILERS PROGRAM. 1. THE AUTHORITY, IN CONSULTATION
 WITH THE DEPARTMENT OF PUBLIC SERVICE, SHALL ESTABLISH A PROGRAM TO  AID
 IN  THE  TRANSITION  OF  ALL EXISTING HOUSING UNITS' HEATING AND COOLING
 FROM RELIANCE ON COMBUSTING OIL AND GAS,  TO  ELECTRIC  HEAT  PUMPS  AND
 OTHER HIGH ENERGY EFFICIENCY UPGRADES, SYSTEMS AND SERVICES.
   2.  USING  FUNDS MADE AVAILABLE FROM THE BUCKS FOR BOILERS FUND AS SET
 FORTH IN SECTION NINETY-NINE-RR OF THE STATE FINANCE LAW, THE  AUTHORITY
 SHALL  ENSURE THAT ANY BUILDING OR HOUSEHOLD EXISTING IN A DISADVANTAGED
 COMMUNITY, AS SUCH TERM IS DEFINED BY THE CLIMATE JUSTICE WORKING GROUP,
 OR BUILDINGS HOUSING FORMERLY-INCARCERATED INDIVIDUALS, WITH A  PRIORITY
 TO  BUILDINGS  OWNED  BY  LOW-INCOME  HOMEOWNERS OR RENTED TO LOW-INCOME
 TENANTS, SHALL BE ELIGIBLE FOR FULL-COST FUNDING FOR THE PROCUREMENT AND
 INSTALLATION OF EQUIPMENT TO BE COMPLIANT  WITH  THE  ENERGY  EFFICIENCY
 STANDARDS  SET  FORTH  UNDER SECTION 11-104 OF THE ENERGY LAW, INCLUDING
 THE PROCUREMENT AND INSTALLATION OF NON-FOSSIL FUEL HEATING AND  COOLING
 AND  HOT WATER SYSTEMS AND OTHER HIGH ENERGY EFFICIENCY SYSTEMS, INCLUD-
 ING ELECTRICAL PANEL AND  WIRING  UPGRADES  AND  INDUCTION  OR  ELECTRIC
 STOVES.    FOR  PURPOSES  OF  THIS  SUBDIVISION, INSTALLATION SHALL ALSO
 INCLUDE BRINGING ELIGIBLE HOUSING INTO A STATE OF GOOD REPAIR.
   3. USING FUNDS MADE AVAILABLE FROM THE BUCKS FOR BOILERS FUND  AS  SET
 FORTH  IN SECTION NINETY-NINE-RR OF THE STATE FINANCE LAW, THE AUTHORITY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15145-02-4
 S. 9099                             2
 
 SHALL CREATE A PROGRAM TO PAY UP TO FIFTY THOUSAND DOLLARS PER UNIT  FOR
 ANY  PRIVATELY OWNED RESIDENTIAL HOUSING FOR THE PROCUREMENT AND INSTAL-
 LATION OF EQUIPMENT TO BE COMPLIANT WITH THE ENERGY EFFICIENCY STANDARDS
 SET FORTH UNDER SECTION 11-104 OF THE ENERGY LAW, INCLUDING THE PROCURE-
 MENT  AND  INSTALLATION  OF  NON-FOSSIL FUEL HEATING AND COOLING AND HOT
 WATER SYSTEMS AND OTHER HIGH ENERGY EFFICIENCY SYSTEMS, INCLUDING  ELEC-
 TRICAL  PANEL  AND  WIRING UPGRADES AND INDUCTION OR ELECTRIC STOVES, AS
 WELL AS TO ENSURE THAT SUCH HOUSING IS IN A STATE OF GOOD REPAIR.
   4. USING FUNDS MADE AVAILABLE FROM THE BUCKS FOR BOILERS FUND  AS  SET
 FORTH  IN SECTION NINETY-NINE-RR OF THE STATE FINANCE LAW, THE AUTHORITY
 SHALL SUBSIDIZE THE PROCUREMENT AND  INSTALLATION  OF  EQUIPMENT  TO  BE
 COMPLIANT  WITH  THE ENERGY EFFICIENCY STANDARDS SET FORTH UNDER SECTION
 11-104 OF THE ENERGY LAW, INCLUDING THE PROCUREMENT AND INSTALLATION  OF
 NON-FOSSIL FUEL HEATING AND COOLING AND HOT WATER SYSTEMS AND OTHER HIGH
 ENERGY  EFFICIENCY  SYSTEMS, FOR ALL PUBLIC HOUSING UNITS THROUGHOUT THE
 STATE, AS WELL AS TO ENSURE THAT SUCH HOUSING IS  IN  A  STATE  OF  GOOD
 REPAIR.
   5.  USING  FUNDS MADE AVAILABLE FROM THE BUCKS FOR BOILERS FUND AS SET
 FORTH IN SECTION NINETY-NINE-RR OF THE STATE FINANCE LAW, THE  AUTHORITY
 SHALL  ESTABLISH  AFFORDABILITY  PROGRAMS TO PAY ANY ADDITIONAL COSTS OF
 UTILITY BILLS IN ORDER TO ENSURE THAT NO LOW-TO-MODERATE  INCOME  HOUSE-
 HOLDS FACE A HIGHER COST FOR HEATING AND COOLING THAT MAY BE INCURRED AS
 A  RESULT  OF CONVERSION TO ELECTRIC HEAT PUMPS AND/OR OTHER HIGH ENERGY
 EFFICIENCY EQUIPMENT FOR HEATING AND COOLING. FOR THE PURPOSES  OF  THIS
 SUBDIVISION  "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.  THESE  AFFORDABILITY
 PROGRAMS  SHALL  ALSO ASSIST HOUSEHOLDS WITH ANNUAL INCOMES ABOVE EIGHTY
 PERCENT OF THE AREA MEDIAN INCOME OF THE COUNTY OR METRO  AREA  TO  HELP
 DEFRAY ADDITIONAL COSTS BUT ONLY WHERE FUNDS ARE AVAILABLE AFTER PRIORI-
 TIZATION OF HOUSEHOLDS WITH ANNUAL INCOMES AT OR BELOW EIGHTY PERCENT OF
 THE  AREA  MEDIAN  INCOME OF THE COUNTY OR METRO AREA WHERE THEY RESIDE,
 AND WITH PRIORITIZATION WITH ANY SUCH FUNDS OR  ASSISTANCE  FOR  COMPAR-
 ATIVELY  LOWER-INCOME  OVER HIGHER-INCOME HOUSEHOLDS WITHIN THE DISTRIB-
 UTION OF HOUSEHOLDS OVER EIGHTY PERCENT OF THE AREA MEDIAN INCOME OF THE
 COUNTY OR METRO AREA WHERE THEY RESIDE.
   6. THE AUTHORITY SHALL INCLUDE REQUIREMENTS THAT TO  BE  ELIGIBLE  FOR
 RECEIVING FUNDS UNDER THIS PROGRAM, BUILDING OWNERS:
   (A) ARE PROHIBITED FOR A PERIOD OF FIVE YEARS FOLLOWING THE COMPLETION
 OF WORK UNDER THIS PROGRAM FROM RENT INCREASES FOR TEMPORARY MAJOR CAPI-
 TAL  IMPROVEMENT  AND  INDIVIDUAL  APARTMENT  IMPROVEMENTS FOR BUILDINGS
 UNDERTAKING ENERGY  EFFICIENCY,  BOILER,  FURNACE,  STOVE  REPLACEMENTS,
 ELECTRICAL  PANEL,  ELECTRICAL  WIRING OR RELATED WORK STEMMING DIRECTLY
 FROM THE BUILDING'S ADHERENCE TO REQUIREMENTS ENACTED PURSUANT  TO  THIS
 SECTION; AND
   (B)  SHALL  EXTEND  THE  LEASE  OF TENANTS FOR NO LESS THAN FIVE YEARS
 FOLLOWING THE COMPLETION OF WORK UNDER THIS PROGRAM.
   7. THE AUTHORITY, IN CONSULTATION WITH THE DEPARTMENT  OF  CORRECTIONS
 AND  COMMUNITY SUPERVISION, SHALL INCLUDE REQUIREMENTS THAT TO BE ELIGI-
 BLE FOR RECEIVING FUNDS OVER FIFTY THOUSAND DOLLARS UNDER THIS  PROGRAM,
 ALL  WORK  DONE  IN  THE PROCUREMENT AND INSTALLATION OF NON-FOSSIL FUEL
 HEATING AND COOLING SYSTEMS ON STATE-OWNED PROPERTIES OR  IN  PROPERTIES
 THAT  RECEIVE  SUBSIDIES  FROM  THE  STATE SHALL, TO THE GREATEST EXTENT
 POSSIBLE, PROVIDE TRAINING AND HIRING OF FORMERLY-INCARCERATED  INDIVID-
 UALS.
 S. 9099                             3

   8. NO LATER THAN DECEMBER FIRST, TWO THOUSAND TWENTY-FOUR, THE AUTHOR-
 ITY  SHALL  DETERMINE THE MINIMUM ENERGY EFFICIENCY STANDARDS FOR BUILD-
 INGS.
   9.  THE  AUTHORITY SHALL ISSUE RELEVANT GUIDANCE FOR PROVIDING FUNDING
 UNDER THIS PROGRAM. THE AUTHORITY SHALL MAKE SUCH INFORMATION  AVAILABLE
 BY  ENGAGING  AND PAYING FOR LARGE-SCALE ADVERTISING, MAILINGS, DOOR-TO-
 DOOR  CANVASSING,  COMMUNITY  OUTREACH,  PROGRAMMING  IN  SCHOOLS,   AND
 ANYTHING ELSE THE AUTHORITY DEEMS NECESSARY AND REASONABLE TO ENSURE THE
 PUBLIC  IS  FULLY AWARE AND THAT A WIDE UNDERSTANDING THAT SUCH PROGRAMS
 EXIST, INCLUDING RIGHTS AND RESPONSIBILITIES OF LANDLORDS  AND  TENANTS,
 IS ACHIEVED IN THE PUBLIC IN ALL REGIONS AND DEMOGRAPHICS OF THE STATE.
   10.  USING FUNDS MADE AVAILABLE FROM THE BUCKS FOR BOILERS FUND AS SET
 FORTH IN SECTION NINETY-NINE-RR OF THE STATE FINANCE LAW, THE  AUTHORITY
 SHALL  ADMINISTER  A PROGRAM TO PROVIDE GRANTS, LOANS OR OTHER SERVICES,
 BASED ON STANDARDS AND GUIDELINES ESTABLISHED BY THE AUTHORITY, FOR  THE
 COSTS  RELATED TO ENABLING FUEL-SWITCHING FOR RESIDENCES WITH PROPANE OR
 FUEL-OIL HEATING SYSTEMS TO EFFICIENT ELECTRIC HEAT PUMPS, INCLUDING BUT
 NOT LIMITED TO, CLEAN ENERGY MEASURES, ENERGY EFFICIENCY MEASURES, RESI-
 LIENCY MEASURES, HEATING AND  COOLING,  HEALTH  AND  SAFETY,  AND  OTHER
 RELATED  ENERGY  IMPROVEMENTS  AND  EXPENSES,  AS WELL AS TO ENSURE SUCH
 HOUSING IS IN A STATE OF GOOD REPAIR.
   § 3. Section 1854 of the public authorities law is amended by adding a
 new subdivision 27 to read as follows:
   27. ALL REVENUES GENERATED PURSUANT TO REGULATIONS OR ACTIONS TAKEN BY
 THE DEPARTMENT, THE AUTHORITY OR ANY OTHER  STATE  ENTITY,  PURSUANT  TO
 SECTION EIGHTEEN HUNDRED EIGHTY-FIVE OF THIS TITLE, SHALL BE PLACED INTO
 A  SEGREGATED AUTHORITY FUNDING ACCOUNT, ESTABLISHED PURSUANT TO SECTION
 EIGHTEEN HUNDRED SIXTY-A OF THIS TITLE, PRIOR TO PROGRAMMATIC OR  ADMIN-
 ISTRATIVE  ALLOCATION,  AND SHALL NOT BE COMMINGLED WITH OTHER AUTHORITY
 FUNDS. WITHIN THIRTY DAYS FOLLOWING RECEIPT OF REVENUES GENERATED PURSU-
 ANT TO REGULATIONS OR  ACTIONS  PURSUANT  TO  SECTION  EIGHTEEN  HUNDRED
 EIGHTY-FIVE OF THIS TITLE, THE AUTHORITY SHALL TRANSFER FROM SUCH SEGRE-
 GATED  AUTHORITY  FUNDING  ACCOUNT  TO THE BUCKS FOR BOILERS FUND ESTAB-
 LISHED PURSUANT TO SECTION NINETY-NINE-RR OF THE STATE FINANCE LAW.
   § 4. The state finance law is amended by adding a new section 99-rr to
 read as follows:
   § 99-RR. BUCKS FOR BOILERS FUND. 1. THERE IS HEREBY ESTABLISHED IN THE
 JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE AND THE  STATE
 COMPTROLLER A SPECIAL FUND TO BE KNOWN AS THE "BUCKS FOR BOILERS FUND".
   2.  THE BUCKS FOR BOILERS FUND SHALL CONSIST OF MONEYS RECEIVED BY THE
 STATE PURSUANT TO SUBDIVISION TWENTY-SEVEN OF SECTION  EIGHTEEN  HUNDRED
 FIFTY-FOUR OF THE PUBLIC AUTHORITIES LAW, AND ALL OTHER MONEYS APPROPRI-
 ATED,  CREDITED,  OR  TRANSFERRED  THERETO FROM ANY OTHER FUND OR SOURCE
 PURSUANT TO LAW INCLUDING THE ANNUAL DEPOSIT OF FOUR BILLION DOLLARS  BY
 THE  PRESIDENT  OF  THE  NEW  YORK STATE ENERGY RESEARCH AND DEVELOPMENT
 AUTHORITY.  MONEYS OF THE ACCOUNT SHALL BE EXPENDED FOR THE PURPOSES  OF
 PROVIDING  FINANCIAL  ASSISTANCE  TO  RESIDENTIAL  BUILDING  OWNERS  AND
 RENTERS TO CONVERT THEIR EXISTING SPACE OR WATER  HEATING  EQUIPMENT  TO
 ENERGY EFFICIENT ZERO-EMISSIONS EQUIPMENT OR BUILDING SYSTEMS AND ENERGY
 EFFICIENCY  AND  RESILIENCY  MEASURES  INCLUDING BUT NOT LIMITED TO: (I)
 PURPOSES WHICH ARE CONSISTENT WITH THE SCOPING PLAN PREPARED PURSUANT TO
 SECTION 75-0103 OF THE ENVIRONMENTAL  CONSERVATION  LAW;  (II)  MEASURES
 WHICH PRIORITIZE SUCH CONVERSIONS AND MEASURES IN DISADVANTAGED COMMUNI-
 TIES; (III) MEASURES WHICH PRIORITIZE RESIDENTIAL BUILDINGS ON DELIVERED
 FUELS SUCH AS PROPANE AND HEATING OIL; (IV) FINANCIAL ASSISTANCE FOR THE
 COST OF UPGRADING DILAPIDATED HOUSING TO A STATE OF GOOD REPAIR; AND (V)
 S. 9099                             4
 
 ADMINISTRATIVE AND IMPLEMENTATION COSTS, PROGRAM DESIGN, AND OTHER ASSO-
 CIATED COSTS.
   3.  MONEYS  IN  THE BUCKS FOR BOILERS FUND SHALL BE KEPT SEPARATE FROM
 AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF  THE
 COMPTROLLER  OR  THE  COMMISSIONER  OF  TAXATION  AND FINANCE. PROVIDED,
 HOWEVER, THAT ANY MONEYS OF THE FUND NOT REQUIRED FOR IMMEDIATE USE MAY,
 AT THE DISCRETION OF THE COMPTROLLER, IN CONSULTATION WITH THE  DIRECTOR
 OF  THE  DIVISION OF THE BUDGET, BE INVESTED BY THE COMPTROLLER IN OBLI-
 GATIONS OF THE UNITED STATES OR OF THE STATE. THE PROCEEDS OF  ANY  SUCH
 INVESTMENT  SHALL  BE  RETAINED  BY  THE  FUND  AS ASSETS TO BE USED FOR
 PURPOSES OF THE FUND.
   § 5. Subdivision 6 of section 11-104 of the energy law is  amended  by
 adding a new paragraph (c) to read as follows:
   (C)  IN  ADDITION  TO  PARAGRAPHS  (A) AND (B) OF THIS SUBDIVISION, TO
 SUPPORT THE GOAL OF ZERO  ON-SITE  GREENHOUSE  GAS  EMISSIONS  AND  HELP
 ACHIEVE  THE  STATE'S CLEAN ENERGY AND CLIMATE AGENDA, INCLUDING BUT NOT
 LIMITED TO GREENHOUSE GAS REDUCTION REQUIREMENTS SET FORTH WITHIN  CHAP-
 TER  ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN, ALSO KNOWN AS
 THE NEW YORK STATE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT,  THE
 CODE SHALL PROHIBIT THE INSTALLATION OF FOSSIL-FUEL EQUIPMENT AND BUILD-
 ING  SYSTEMS,  IN  ANY  EXISTING BUILDING NOT MORE THAN SEVEN STORIES IN
 HEIGHT, EXCEPT FOR EXISTING COMMERCIAL OR INDUSTRIAL  BUILDINGS  GREATER
 THAN  ONE  HUNDRED THOUSAND SQUARE FEET IN CONDITIONED FLOOR AREA, ON OR
 AFTER DECEMBER THIRTY-FIRST, TWO  THOUSAND  TWENTY-NINE,  AND  THE  CODE
 SHALL  PROHIBIT  THE  INSTALLATION OF FOSSIL-FUEL EQUIPMENT AND BUILDING
 SYSTEMS, IN ALL EXISTING  BUILDINGS  AFTER  DECEMBER  THIRTY-FIRST,  TWO
 THOUSAND THIRTY-FOUR.
   §  6.  Paragraph  (b) of subdivision 7 of section 11-104 of the energy
 law, as added by section 1 of part RR of chapter 56 of the laws of 2023,
 is amended to read as follows:
   (b) In addition, in effectuating the provisions set  forth  in  [para-
 graph]  PARAGRAPHS  (b)  AND  (C) of subdivision six of this section the
 code shall include exemptions for the purposes of allowing the installa-
 tion and use of fossil-fuel equipment and building  systems  where  such
 are installed and used:
   (i)  for  generation  of  emergency  back-up  power  and standby power
 systems;
   (ii) in a manufactured home as defined in subdivision seven of section
 six hundred one of the executive law; or
   (iii) in a building or part of a building that is used as  a  manufac-
 turing  facility,  commercial  food establishment, laboratory, car wash,
 laundromat, hospital, other medical facility,  critical  infrastructure,
 including but not limited to emergency management facilities, wastewater
 treatment  facilities, and water treatment and pumping facilities, agri-
 cultural building, fuel cell system, or crematorium, as such  terms  are
 defined by the code council.
   § 7. Paragraphs c and e of subdivision 19 of section 378 of the execu-
 tive law, as added by section 3 of part RR  of chapter 56 of the laws of
 2023, are amended and a new paragraph a-1 is added to read as follows:
   A-1.  TO  SUPPORT  THE  GOAL  OF  ZERO  ON-SITE GAS EMISSIONS AND HELP
 ACHIEVE THE STATE'S CLEAN ENERGY AND CLIMATE AGENDA, INCLUDING  BUT  NOT
 LIMITED  TO GREENHOUSE GAS REDUCTION REQUIREMENTS SET FORTH WITHIN CHAP-
 TER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN, ALSO KNOWN  AS
 THE  NEW YORK STATE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT, THE
 UNIFORM CODE SHALL PROHIBIT THE INSTALLATION  OF  FOSSIL-FUEL  EQUIPMENT
 AND  BUILDING  SYSTEMS,  IN  ANY  EXISTING  BUILDING NOT MORE THAN SEVEN
 S. 9099                             5
 
 STORIES IN HEIGHT, EXCEPT FOR EXISTING COMMERCIAL OR  INDUSTRIAL  BUILD-
 INGS  GREATER THAN ONE HUNDRED THOUSAND SQUARE FEET IN CONDITIONED FLOOR
 AREA, ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND  TWENTY-NINE,  AND
 THE  UNIFORM  CODE SHALL PROHIBIT THE INSTALLATION OF FOSSIL-FUEL EQUIP-
 MENT AND BUILDING SYSTEMS, IN ALL EXISTING BUILDINGS ON OR AFTER  DECEM-
 BER THIRTY-FIRST, TWO THOUSAND THIRTY-FOUR.
   c.  In  addition,  in  effectuating the provisions set forth in [para-
 graph] PARAGRAPHS a AND A-1 of this subdivision the code  shall  include
 exemptions  for  the  purposes  of  allowing the installation and use of
 fossil-fuel equipment  and  building  systems  where  such  systems  are
 installed and used:
   (i)  for  generation  of  emergency  back-up  power  and standby power
 systems;
   (ii) in a manufactured home as defined in subdivision seven of section
 six hundred one of [the executive law] THIS CHAPTER; or
   (iii) in a building or part of a building that is used as  a  manufac-
 turing  facility,  commercial  food establishment, laboratory, car wash,
 laundromat, hospital, other medical facility,  critical  infrastructure,
 including but not limited to emergency management facilities, wastewater
 treatment  facilities, and water treatment and pumping facilities, agri-
 cultural building, fuel cell system, or crematorium, as such  terms  are
 defined by the code council.
   e.  Exemptions  included in the uniform code pursuant to this subdivi-
 sion shall be periodically reviewed by  the  code  council  to  [assure]
 ENSURE  that  they  continue  to  effectuate the purposes of [paragraph]
 PARAGRAPHS a AND A-1 of this subdivision and subparagraph three of para-
 graph b of subdivision two of section three hundred seventy-one of  this
 article to the fullest extent feasible.
   §  8. Section 224-f of the labor law, as added by section 3 of part TT
 of chapter 56 of the laws of 2023, is amended to read as follows:
   § 224-f. Wage requirements for certain climate risk-related and energy
 transition projects AND BUCKS FOR BOILERS PROJECTS.  1. For purposes  of
 this  section,  a  "covered  climate  risk-related and energy transition
 project" means a construction project that receives at least one hundred
 thousand dollars of funds from the New York climate action fund  climate
 investment account established pursuant to section ninety-nine-qq of the
 state  finance  law  AND  A  "COVERED BUCKS FOR BOILERS PROJECT" MEANS A
 CONSTRUCTION PROJECT THAT RECEIVES AT LEAST FIFTY  THOUSAND  DOLLARS  OF
 FUNDS  FROM  THE  BUCKS FOR BOILERS FUND ESTABLISHED PURSUANT TO SECTION
 NINETY-NINE-RR OF THE STATE FINANCE LAW.
   2. A covered climate risk-related and energy transition project AND  A
 COVERED  BUCKS  FOR  BOILERS PROJECT shall be subject to prevailing wage
 requirements in accordance with sections two hundred twenty, two hundred
 twenty-a, two hundred twenty-b, two hundred twenty-i, two hundred  twen-
 ty-three, and two hundred twenty-four-b of this article, provided that a
 covered climate risk-related and energy transition project AND A COVERED
 BUCKS  FOR  BOILERS  PROJECT may still otherwise be considered a covered
 project pursuant to section two hundred twenty or  two  hundred  twenty-
 four-a of this article if it meets the definition therein.
   3.  For  purposes  of this section, a covered climate risk-related and
 energy transition project AND A COVERED BUCKS FOR BOILERS PROJECT  shall
 exclude:
   a.  Privately  owned  construction  work  performed  under  a pre-hire
 collective bargaining agreement between an owner or developer and a bona
 fide building and  construction  trades  labor  organization  which  has
 established  itself, and/or its affiliates, as the collective bargaining
 S. 9099                             6
 
 representative for all persons who will perform work on such a  project,
 and  which  provides that only contractors and subcontractors who sign a
 pre-negotiated agreement with the labor organization can perform work on
 such a project; or
   b. Construction work on one- or two-family dwellings where the proper-
 ty  is  the owner's primary residence, or construction work performed on
 property where the owner of the property owns no more than four dwelling
 units; or
   c. Construction work performed on a multiple residence  and/or  ancil-
 lary amenities or installations that is wholly privately owned in any of
 the following circumstances:
   (i)  where  no  less than twenty-five percent of the residential units
 are affordable and shall be retained subject to an anticipated regulato-
 ry agreement with a local, state, or federal governmental entity,  or  a
 not-for-profit entity with an anticipated formal agreement with a local,
 state, or federal governmental entity for purposes of providing afforda-
 ble  housing  in  a given locality or region provided that the period of
 affordability  for  a  residential  unit  deemed  affordable  under  the
 provisions  of  this  paragraph  shall be for no less than fifteen years
 from the date of construction; or
   (ii) where no less than thirty-five percent of the  residential  units
 involves  the  provision  of  supportive housing services for vulnerable
 populations provided that such units are subject to an anticipated regu-
 latory agreement with a local, state, or federal governmental entity.
   4. As a condition of receiving funds from the New York climate  action
 fund  climate investment account established pursuant to section ninety-
 nine-qq of the state finance law for a covered climate risk-related  and
 energy  transition  project  OR  THE  BUCKS FOR BOILERS FUND ESTABLISHED
 PURSUANT TO SECTION NINETY-NINE-RR  OF  THE  STATE  FINANCE  LAW  FOR  A
 COVERED BUCKS FOR BOILER PROJECT, the owner or developer of such covered
 climate  risk-related and energy transition project OR COVERED BUCKS FOR
 BOILERS PROJECT, or a third party acting on such owner's or  developer's
 behalf,  shall agree to enter into a labor peace agreement with at least
 one bona fide labor organization either:
   a. where such bona fide labor organization  is  actively  representing
 non-construction  employees  who  will  be  working  within  the covered
 climate risk-related and energy transition project OR COVERED BUCKS  FOR
 BOILERS PROJECT once built; or
   b. upon notice by a bona fide labor organization that is attempting to
 represent such non-construction employees.
   5.  For  purposes  of  this  section  "labor peace agreement" means an
 agreement between an owner and/or developer and labor organization that,
 at a minimum, protects the state's proprietary interests by  prohibiting
 labor  organizations  and members from engaging in picketing, work stop-
 pages, boycotts, and any other economic interference.
   6. The owner or developer using funds from the New York climate action
 fund climate investment account established pursuant to section  ninety-
 nine-qq  of the state finance law for a covered climate risk-related and
 energy transition project OR THE BUCKS FOR  BOILERS  FUND    ESTABLISHED
 PURSUANT  TO  SECTION  NINETY-NINE-RR  OF  THE  STATE  FINANCE LAW FOR A
 COVERED BUCKS FOR BOILERS PROJECT pursuant to this section shall:
   a. require the use of apprenticeship agreements as defined by  article
 twenty-three  of  this chapter; or for industries without apprenticeship
 programs, require the use of workforce training, preferably in  conjunc-
 tion with a bona fide labor organization; and
 S. 9099                             7
 
   b. consider use of registered pre-apprenticeship direct entry programs
 for the recruitment of local and/or disadvantaged workers.
   7.  For purposes of this section, the "fiscal officer" shall be deemed
 to be the commissioner. The enforcement of any covered climate  risk-re-
 lated and energy transition project OR COVERED BUCKS FOR BOILERS PROJECT
 under  this section shall be subject to the requirements of sections two
 hundred twenty, two hundred twenty-a, two hundred twenty-b, two  hundred
 twenty-i,  two  hundred  twenty-three, two hundred twenty-four-b of this
 article, and section two hundred twenty-seven of this chapter and within
 the jurisdiction of  the  fiscal  officer;  provided,  however,  nothing
 contained  in  this  section  shall  be  deemed  to construe any covered
 climate risk-related and energy transition project OR COVERED BUCKS  FOR
 BOILERS  PROJECT  as  otherwise being considered public work pursuant to
 this article.
   8. The fiscal officer may issue rules and  regulations  governing  the
 provisions  of this section. Violations of this section shall be grounds
 for determinations and orders pursuant to section two  hundred  twenty-b
 of this article.
   9. For any building service work on a covered climate risk-related and
 energy transition project OR COVERED BUCKS FOR BOILERS PROJECT, prevail-
 ing wage shall be paid consistent with article nine of this chapter.
   10. Any public entity receiving at least five million dollars in funds
 from  the New York climate action fund climate investment account estab-
 lished pursuant to section ninety-nine-qq of the state  finance  law  OR
 THE  BUCKS FOR BOILERS FUND ESTABLISHED PURSUANT TO SECTION NINETY-NINE-
 RR  OF  THE  STATE  FINANCE  LAW  for  a  project  which  involves   the
 construction,  reconstruction,  alteration, maintenance, moving, demoli-
 tion, excavation, development or  other  improvement  of  any  building,
 structure or land, shall be subject to section two hundred twenty-two of
 this article.
   §  9.  Subdivision  (a) of section 10-b of section 4 of chapter 576 of
 the laws of 1974, constituting the emergency tenant  protection  act  of
 nineteen  seventy-four,  is amended by adding a new paragraph 14 to read
 as follows:
   14. (I) PROHIBIT TEMPORARY MAJOR  CAPITAL  IMPROVEMENT  INCREASES  AND
 INDIVIDUAL  APARTMENT  IMPROVEMENT  INCREASES  FOR BUILDINGS UNDERTAKING
 ENERGY  EFFICIENCY,  BOILER,  FURNACE,  STOVE  REPLACEMENTS,  ELECTRICAL
 PANEL, ELECTRICAL WIRING OR RELATED WORK PURSUANT TO THE BUCKS FOR BOIL-
 ERS PROGRAM ESTABLISHED PURSUANT TO SECTION EIGHTEEN HUNDRED EIGHTY-FIVE
 OF THE PUBLIC AUTHORITIES LAW; AND
   (II)  REQUIRE  THE  EXTENSION OF THE LEASE OF TENANTS FOR NO LESS THAN
 FIVE YEARS FOLLOWING THE COMPLETION OF WORK UNDER SUCH PROGRAM.
   § 10. This act shall take effect immediately.