S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2720
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2025
                                ___________
 
 Introduced by M. of A. SHRESTHA -- read once and referred to the Commit-
   tee on Corporations, Authorities and Commissions
 
 AN  ACT to amend the public authorities law, in relation to enacting the
   "solar for schools act"; providing for the repeal of  such  provisions
   upon expiration thereof; and making an appropriation therefor

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "solar for schools act".
   §  2.  The  public  authorities law is amended by adding a new section
 1885 to read as follows:
   § 1885. SOLAR AND GEOTHERMAL FOR SCHOOLS GRANT PROGRAM.   1.  FOR  THE
 PURPOSES  OF  THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   (A) "ELIGIBLE APPLICANT" SHALL MEAN A PUBLIC SCHOOL DISTRICT AND SHALL
 INCLUDE SCHOOL DISTRICTS LOCATED IN DISADVANTAGED COMMUNITIES AS DEFINED
 IN SECTION 75-0101 OF THE ENVIRONMENTAL CONSERVATION LAW.
   (B) "ELIGIBLE PROJECT COSTS" SHALL  MEAN  ANY  COSTS  RELATED  TO  THE
 PURCHASE  AND INSTALLATION OF EQUIPMENT AND ANY OTHER COSTS RELATED TO A
 SOLAR OR GEOTHERMAL ENERGY PROJECT.
   (C) "PROGRAM" SHALL MEAN THE SOLAR AND GEOTHERMAL  FOR  SCHOOLS  GRANT
 PROGRAM ESTABLISHED PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
   (D)  "QUALIFIED  PROVIDER"  SHALL  MEAN  A PERSON OR BUSINESS THAT CAN
 EVALUATE, RECOMMEND, DESIGN, IMPLEMENT AND INSTALL A SOLAR OR GEOTHERMAL
 ENERGY PROJECT.
   (E) "SCHOOL FACILITY" SHALL MEAN AN EDUCATIONAL BUILDING AND SURROUND-
 ING PREMISES OWNED BY AN ELIGIBLE APPLICANT.
   (F) "SOLAR ENERGY OR GEOTHERMAL PROJECT" SHALL MEAN  A  PROJECT  AT  A
 PUBLIC  SCHOOL FACILITY RELATED TO PHOTOVOLTAIC, SOLAR THERMAL, GEOTHER-
 MAL, OR ANY COMBINATION OF THE ABOVE DEVICES THAT CONVERT, TRANSFER,  OR
 STORE  SOLAR  ENERGY, GEOTHERMAL ENERGY, OR BOTH IN OR INTO USABLE FORMS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00092-02-5
              

 A. 2720                             2
 
 OF THERMAL ENERGY, ELECTRIC ENERGY, OR BOTH. PROJECTS SHALL NOT  INCLUDE
 POWER PURCHASE AGREEMENTS.
   (G) "SOLAR OR GEOTHERMAL FACILITY SITE ASSESSMENT" SHALL MEAN AN EVAL-
 UATION  OF A SCHOOL FACILITY PERFORMED BY A QUALIFIED PROVIDER TO ASCER-
 TAIN WHETHER A SCHOOL FACILITY IS CAPABLE OF SUPPORTING A  SOLAR  ENERGY
 OR  GEOTHERMAL PROJECT AND ESTIMATES OF THE AMOUNTS BY WHICH AN ELIGIBLE
 APPLICANT'S ENERGY OR OPERATING COSTS WILL BE  REDUCED  BY  A  SOLAR  OR
 GEOTHERMAL ENERGY PROJECT.
   2. (A) THE AUTHORITY, IN COORDINATION WITH THE NEW YORK POWER AUTHORI-
 TY, SHALL ESTABLISH A SOLAR AND GEOTHERMAL FOR SCHOOLS GRANT PROGRAM FOR
 ELIGIBLE APPLICANTS ON A COMPETITIVE BASIS.
   (B)  A GRANT AWARDED TO AN ELIGIBLE APPLICANT PURSUANT TO THIS SECTION
 SHALL BE ELIGIBLE FOR FIFTY PERCENT OF PROJECT COSTS RELATED TO A  SOLAR
 OR  GEOTHERMAL  ENERGY  PROJECT.    PROGRAM  FUNDS SHALL BE DISBURSED TO
 ACCEPTED APPLICANTS BEFORE WORK BEGINS. APPLICANTS SHALL  INCLUDE  ESTI-
 MATES  OF OTHER FUNDING THAT THEY HAVE RECEIVED OR EXPECT TO RECEIVE FOR
 THE PROJECT, SUCH AS FUNDING FROM THE FEDERAL INFLATION REDUCTION ACT OF
 2022, AND THE PROGRAM SHALL NOT PROVIDE FUNDING SUCH THAT OUTSIDE  FUND-
 ING  EXCEEDS THE TOTAL COSTS OF THE PROJECT. IF APPLICANTS RECEIVE FUND-
 ING SUCH THAT OTHER FUNDING EXCEEDS THE TOTAL PROJECT COSTS, THEY  SHALL
 RETURN THE EXCESS TO THE STATE.
   (C)  THE AUTHORITY WHEN AWARDING GRANTS PURSUANT TO THIS SECTION SHALL
 HAVE THE FOLLOWING POWERS AND DUTIES, INCLUDING, BUT NOT LIMITED TO:
   (I) ESTABLISHING GUIDELINES NECESSARY TO IMPLEMENT THIS ARTICLE;
   (II) ESTABLISHING PROCESSES  THROUGH  WHICH  ELIGIBLE  APPLICANTS  MAY
 APPLY FOR GRANT MONEY;
   (III)  DEVELOPING  STANDARDS  FOR THE CONDUCT OF A SOLAR OR GEOTHERMAL
 FACILITY SITE ASSESSMENT;
   (IV) PROVIDING TECHNICAL ASSISTANCE TO ELIGIBLE APPLICANTS  AS  APPRO-
 PRIATE,  INCLUDING,  BUT NOT LIMITED TO, MAINTAINING A LIST OF QUALIFIED
 PROVIDERS;
   (V) DEVELOPING EDUCATIONAL MATERIAL ABOUT USING PURCHASING, FINANCING,
 AND MAINTAINING SOLAR OR GEOTHERMAL ENERGY PROJECTS;
   (VI) DEVELOPING A FINANCIAL RISK AND SAVINGS REPORT THAT ALL SOLAR  OR
 GEOTHERMAL ENERGY PROJECTS APPROVED UNDER THIS ARTICLE SHALL UTILIZE AND
 UPDATE MONTHLY FOR USE BY ELIGIBLE APPLICANTS, AND SUCH REPORT SHALL:
   (A)  BE  SUBMITTED  QUARTERLY  AND  POSTED PUBLICLY ON THE AUTHORITY'S
 WEBSITE; AND
   (B) CONTAIN THE FOLLOWING INFORMATION, INCLUDING, BUT NOT LIMITED TO:
   (1) THE TOTAL COST OF THE SOLAR OR GEOTHERMAL  ENERGY  PROJECT  BEFORE
 ANY DEDUCTIBLE AMOUNTS;
   (2) THE TOTAL COST OF THE SOLAR OR GEOTHERMAL ENERGY PROJECT AFTER ANY
 DEDUCTIBLE AMOUNTS;
   (3) AN ANALYSIS OF ENERGY AND COST SAVINGS, INCLUDING A CALCULATION OF
 THE  KILOWATTS PRODUCED BY THE SOLAR OR GEOTHERMAL ENERGY PROJECT MULTI-
 PLIED BY THE CURRENT COST OF ELECTRICITY PER KILOWATT  HOUR,  SUBTRACTED
 FROM  THE  TOTAL COST OF ELECTRICITY DURING THE SAME BILLING PERIOD FROM
 THE PREVIOUS YEAR;
   (4) SOLAR RENEWABLE ENERGY CREDIT SALES AND SAVINGS; AND
   (5) OPERATION AND MAINTENANCE COSTS; AND
   (VII) PROVIDING INFORMATION RELATED TO FUNDING  OPPORTUNITIES  THROUGH
 THE FEDERAL INFLATION REDUCTION ACT OF 2022.
   (D) AN ELIGIBLE APPLICANT SHALL SUBMIT AN APPLICATION ON A FORM AND IN
 A  MANNER AS DETERMINED BY THE AUTHORITY. SUCH APPLICATION SHALL INCLUDE
 THE FOLLOWING:
 A. 2720                             3
 
   (I) THE RESULTS OF A SOLAR  OR  GEOTHERMAL  FACILITY  SITE  ASSESSMENT
 CONDUCTED BY A QUALIFIED PROVIDER;
   (II)  ESTIMATES  OF  OTHER  FUNDING THAT THE APPLICANT HAS RECEIVED OR
 EXPECT TO RECEIVE FOR THE PROJECT, SUCH  AS  FUNDING  FROM  THE  FEDERAL
 INFLATION REDUCTION ACT OF 2022;
   (III) AN AFFIDAVIT STATING THAT A CONTRACTOR OR SUBCONTRACTOR PERFORM-
 ING  CONSTRUCTION,  RECONSTRUCTION,  DEMOLITION, OR REPAIR ON A SOLAR OR
 GEOTHERMAL ENERGY PROJECT FUNDED UNDER THIS ARTICLE WHERE SUCH  CONTRAC-
 TOR OR SUBCONTRACTOR STATES:
   (A)  SUCH  CONTRACTOR  OR  SUBCONTRACTOR POSSESSES ALL VALID LICENSES,
 REGISTRATIONS OR CERTIFICATES REQUIRED BY THE  FEDERAL  GOVERNMENT,  THE
 STATE OF NEW YORK OR LOCAL MUNICIPALITY THAT IS NECESSARY TO DO BUSINESS
 OR PERFORM APPLICABLE WORK;
   (B)  SUCH CONTRACTOR OR SUBCONTRACTOR POSSESSES CERTIFICATES FOR WORK-
 ERS' COMPENSATION, UNEMPLOYMENT INSURANCE, AND LIABILITY INSURANCE;
   (C) SUCH CONTRACTOR OR SUBCONTRACTOR HAS NOT DEFAULTED ON  A  PROJECT,
 DECLARED  BANKRUPTCY,  BEEN  DEBARRED,  OR SUSPENDED ON A PROJECT BY THE
 FEDERAL GOVERNMENT, THE STATE OF NEW  YORK  OR  ANY  LOCAL  MUNICIPALITY
 WITHIN THE PREVIOUS THREE YEARS;
   (D)  SUCH  CONTRACTOR  OR  SUBCONTRACTOR  HAS  NOT BEEN CONVICTED OF A
 MISDEMEANOR OR FELONY RELATING TO THE PERFORMANCE OR  OPERATION  OF  THE
 BUSINESS  OF  THE  CONTRACTOR  OR  SUBCONTRACTOR WITHIN THE PREVIOUS TEN
 YEARS; AND
   (E) SUCH CONTRACTOR OR SUBCONTRACTOR HAS COMPLETED A  MINIMUM  OF  THE
 UNITED  STATES  FEDERAL  OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION'S
 TEN-HOUR SAFETY  TRAINING  COURSE  OR  SIMILAR  TRAINING  SUFFICIENT  TO
 PREPARE  WORKERS  FOR  ANY  HAZARDS  THAT MAY BE ENCOUNTERED DURING SUCH
 CONTRACTOR'S OR SUBCONTRACTOR'S WORK; AND
   (IV) PRIOR TO THE TIME PERIOD ESTABLISHED BY THE AUTHORITY  TO  SUBMIT
 AN  APPLICATION,  THE  AUTHORITY  SHALL SOLICIT AND FULFILL REQUESTS FOR
 TECHNICAL ASSISTANCE FROM ELIGIBLE APPLICANTS.
   (E) EACH APPLICANT SHALL SEEK  FUNDING  UNDER  THE  FEDERAL  INFLATION
 REDUCTION ACT OF 2022 UNLESS THAT FUNDING NO LONGER EXISTS.
   (F)  ALL  SOLAR  ENERGY OR GEOTHERMAL PROJECTS SUBJECT TO THIS SECTION
 SHALL BE DEEMED PUBLIC WORK AND SUBJECT TO AND PERFORMED  IN  ACCORDANCE
 WITH    ARTICLES EIGHT AND NINE OF THE LABOR LAW. EACH CONTRACT FOR SUCH
 RENEWABLE ENERGY GENERATING PROJECT SHALL CONTAIN A PROVISION THAT  SUCH
 PROJECTS  MAY  ONLY BE UNDERTAKEN PURSUANT TO A PROJECT LABOR AGREEMENT.
 FOR PURPOSES OF THIS SECTION, "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 ORGANIZA-
 TION AS THE COLLECTIVE BARGAINING REPRESENTATIVE  FOR  ALL  PERSONS  WHO
 WILL PERFORM WORK ON A PUBLIC WORK PROJECT, AND WHICH PROVIDES THAT ONLY
 CONTRACTORS AND SUBCONTRACTORS WHO SIGN  A PRE-NEGOTIATED AGREEMENT WITH
 THE  LABOR  ORGANIZATION  CAN  PERFORM PROJECT WORK. ALL CONTRACTORS AND
 SUBCONTRACTORS ASSOCIATED WITH THIS WORK SHALL BE  REQUIRED  TO  UTILIZE
 APPRENTICESHIP  AGREEMENTS  AS  DEFINED  BY  ARTICLE TWENTY-THREE OF THE
 LABOR LAW.
   (G) THE AUTHORITY SHALL INCLUDE REQUIREMENTS  IN  ANY  PROCUREMENT  OR
 DEVELOPMENT  OF A SOLAR ENERGY OR GEOTHERMAL PROJECT, AS DEFINED IN THIS
 SECTION, THAT THE COMPONENTS AND PARTS SHALL  BE  PRODUCED  OR  MADE  IN
 WHOLE  OR  SUBSTANTIAL  PART  IN   THE UNITED STATES, ITS TERRITORIES OR
 POSSESSIONS. THE AUTHORITY'S PRESIDENT AND CHIEF EXECUTIVE  OFFICER,  OR
 DESIGNEE  MAY  WAIVE  THE  PROCUREMENT  AND DEVELOPMENT REQUIREMENTS SET
 FORTH IN THIS PARAGRAPH IF SUCH OFFICIAL DETERMINES THAT:  THE  REQUIRE-
 A. 2720                             4
 
 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
 GENERATING  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 QUALI-
 TY.  SUCH  DETERMINATION  MUST  BE MADE ON AN ANNUAL BASIS NO LATER THAN
 DECEMBER THIRTY-FIRST, AFTER PROVIDING   NOTICE AND AN  OPPORTUNITY  FOR
 PUBLIC COMMENT, AND SUCH DETERMINATION SHALL BE MADE PUBLICLY AVAILABLE,
 IN  WRITING,  ON  THE AUTHORITY'S WEBSITE WITH A DETAILED EXPLANATION OF
 THE FINDINGS LEADING TO SUCH DETERMINATION. IF THE AUTHORITY'S PRESIDENT
 AND CHIEF EXECUTIVE OFFICER, OR DESIGNEE, HAS ISSUED DETERMINATIONS  FOR
 THREE  CONSECUTIVE YEARS FINDING THAT NO SUCH WAIVER IS WARRANTED PURSU-
 ANT TO THIS PARAGRAPH, THEN THE AUTHORITY SHALL NO LONGER BE REQUIRED TO
 PROVIDE THE ANNUAL DETERMINATION REQUIRED BY THIS PARAGRAPH.
   (H) (I) 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
 MEMBERSHIP, OF ANY CURRENT EMPLOYEES OF A PUBLIC SCHOOL.
   (II)  NOTHING  IN  THIS  ARTICLE  SHALL  RESULT IN: (A) 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; (B) THE  IMPAIRMENT OF EXISTING COLLECTIVE  BARGAINING  AGREE-
 MENTS;  (C)  THE  TRANSFER  OF EXISTING DUTIES AND FUNCTIONS; OR (D) THE
 TRANSFER OF FUTURE DUTIES AND FUNCTIONS, OF ANY CURRENTLY EMPLOYED WORK-
 ER OF THE STATE OR ANY AGENCY, PUBLIC SCHOOL, PUBLIC  AUTHORITY  OR  THE
 STATE UNIVERSITY OF NEW YORK.
   (I)  THE  AUTHORITY  SHALL  DEVELOP  A  RUBRIC TO PRIORITIZE THE GRANT
 AWARDS PURSUANT TO THIS SECTION. SUCH  RUBRIC  SHALL  CONSIDER  ALL  THE
 FOLLOWING:
   (I)  THE  GEOGRAPHICAL  DISBURSEMENT OF GRANTS THROUGHOUT THE STATE OF
 NEW YORK BASED ON APPLICATIONS RECEIVED;
   (II) THE AMOUNT OF SOLAR OR GEOTHERMAL ENERGY PROJECTED TO BE PRODUCED
 RELATIVE TO THE EXISTING ENERGY USAGE AT THE  SCHOOL  FACILITY  PROPOSED
 FOR THE SOLAR OR GEOTHERMAL ENERGY PROJECT;
   (III)  WHETHER  THE  ELIGIBLE  APPLICANT  QUALIFIES FOR THE LOW-INCOME
 COMMUNITIES BONUS CREDIT PROGRAM ESTABLISHED UNDER THE FEDERAL INFLATION
 REDUCTION ACT OF 2022;
   (IV) WHETHER SUCH ELIGIBLE APPLICANT IS LOCATED WITHIN A DISADVANTAGED
 COMMUNITY AS DEFINED IN SECTION 75-0101 OF THE  ENVIRONMENTAL  CONSERVA-
 TION LAW;
   (V)   THE PROJECTED AVERAGE ANNUAL NUMBER OF DAYS WITH MAXIMUM TEMPER-
 ATURES ABOVE NINETY DEGREES FAHRENHEIT IN THE YEAR TWO THOUSAND FIFTY;
   (VI) THE PERCENTAGE OF CLASSROOMS  WITHOUT  AIR  CONDITIONING  AT  THE
 SCHOOL FACILITY PROPOSED FOR THE SOLAR OR GEOTHERMAL ENERGY PROJECT;
   (VII)  THE  GENERAL  EMISSION  REDUCTION  OPPORTUNITY PRESENTED BY THE
 SOLAR OR GEOTHERMIC ENERGY PROJECT; AND
   (VIII) ASTHMA RATES IN THE  AREA  WHERE  SUCH  ELIGIBLE  APPLICANT  IS
 LOCATED.
   (J)  THE  AUTHORITY MAY USE UP TO THREE PERCENT OF THE MONEY APPROPRI-
 ATED FOR THE PROGRAM TO PAY FOR THE DIRECT  COSTS  ASSOCIATED  WITH  THE
 ADMINISTRATION  OF THE PROGRAM, INCLUDING PROVIDING TECHNICAL ASSISTANCE
 TO ELIGIBLE APPLICANTS.
   (K) WITHIN AMOUNTS APPROPRIATED THEREFOR AND BASED ON AVAILABILITY  OF
 FUNDS,  BEGINNING WITH THE ACADEMIC YEAR FOLLOWING THE EFFECTIVE DATE OF
 THIS SECTION, AND ANNUALLY THEREAFTER UNTIL THE END OF THE TWO  THOUSAND
 A. 2720                             5
 
 THIRTY-FIVE--TWO  THOUSAND  THIRTY-SIX  ACADEMIC  YEAR,  AWARDS SHALL BE
 GRANTED TO APPLICANTS FOR THE SOLAR AND  GEOTHERMAL  FOR  SCHOOLS  GRANT
 PROGRAM  THE  AUTHORITY  HAS  DETERMINED  ARE  ELIGIBLE  TO RECEIVE SUCH
 AWARDS.
   §  3.  The  sum  of five hundred million dollars ($500,000,000), or so
 much thereof as may be necessary, is hereby appropriated to the New York
 state energy research and development authority out of the moneys in the
 state treasury in the general fund to the credit of the solar and geoth-
 ermal schools grant program, not otherwise appropriated, and made  imme-
 diately  available,  for  the  purpose of carrying out the provisions of
 this act. Such moneys shall be payable on the audit and warrant  of  the
 comptroller  on  vouchers  certified  or  approved by the New York state
 energy research and development authority in the  manner  prescribed  by
 law.
   § 4. This act shall take effect July 1, 2025 and shall expire 10 years
 after such effective date when upon such date the provisions of this act
 shall be deemed repealed. Effective immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such date.