S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6489
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 5, 2025
                                ___________
 
 Introduced  by  M. of A. STIRPE, SHIMSKY, GALLAGHER, SIMON, GONZALEZ-RO-
   JAS, DAVILA, SHRESTHA, TAPIA, SIMONE,  K. BROWN,  ROSENTHAL,  FORREST,
   REYES,  RAGA, DE LOS SANTOS -- read once and referred to the Committee
   on Energy
 
 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-SS 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
 ESTABLISHED UNDER SECTION 75-0111 OF THE ENVIRONMENTAL CONSERVATION LAW,
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06828-05-5
              

 A. 6489                             2
 
 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. A  MULTI-
 FAMILY BUILDING SHALL BE CONSIDERED LOW-INCOME IF AT LEAST FIFTY PERCENT
 OF  THE  HOUSEHOLDS  WITHIN  SUCH  BUILDING HAVE INCOMES LESS THAN SIXTY
 PERCENT OF AREA MEDIUM INCOME. A MULTIFAMILY BUILDING SHALL  BE  CONSID-
 ERED  MEDIUM-INCOME  IF AT LEAST FIFTY PERCENT OF HOUSEHOLDS WITHIN SUCH
 BUILDING HAVE INCOMES BETWEEN  SIXTY  PERCENT  AND  ONE  HUNDRED  TWENTY
 PERCENT OF AREA MEDIAN INCOME.
   3.  USING  FUNDS MADE AVAILABLE FROM THE BUCKS FOR BOILERS FUND AS SET
 FORTH IN SECTION NINETY-NINE-SS OF THE STATE FINANCE LAW, THE  AUTHORITY
 SHALL  SUBSIDIZE  EACH RESIDENTIAL HOUSING BUILDING'S TRANSITION THROUGH
 THE FOLLOWING HOUSEHOLD INCOME THRESHOLDS:
   (A) LOW-TO-MODERATE INCOME HOUSEHOLDS WITH AN INCOME BELOW ONE HUNDRED
 TWENTY PERCENT AREA MEDIAN INCOME SHALL RECEIVE ONE HUNDRED  PERCENT  OF
 THE COST OF THE PROJECT;
   (B) MEDIUM-INCOME HOUSEHOLDS WITH AN INCOME BETWEEN ONE HUNDRED TWENTY
 PERCENT  AND ONE HUNDRED EIGHTY PERCENT AREA MEDIUM INCOME SHALL RECEIVE
 EIGHTY PERCENT OF THE COST OF THE PROJECT; AND
   (C) HIGH-INCOME HOUSEHOLDS WITH AN  INCOME  OVER  ONE  HUNDRED  EIGHTY
 PERCENT OF AREA MEDIUM INCOME SHALL RECEIVE FIFTY PERCENT OF THE COST OF
 THE PROJECT.
   4.  USING  FUNDS MADE AVAILABLE FROM THE BUCKS FOR BOILERS FUND AS SET
 FORTH IN SECTION NINETY-NINE-SS OF THE STATE FINANCE LAW, THE  AUTHORITY
 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.  FUNDS
 FROM THE BUCKS FOR BOILERS FUND SHALL BE PROVIDED TO HOUSEHOLDS OR THEIR
 CONTRACTORS  IN  ADVANCE  OF  THE  COMMENCEMENT  OF SUCH PROCUREMENT AND
 INSTALLATION PROVIDED THAT THE AUTHORITY HAS REVIEWED AND APPROVED  SUCH
 PROJECTS.
   5.  USING  FUNDS MADE AVAILABLE FROM THE BUCKS FOR BOILERS FUND AS SET
 FORTH IN SECTION NINETY-NINE-SS 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.
   6. USING FUNDS MADE AVAILABLE FROM THE BUCKS FOR BOILERS FUND  AS  SET
 FORTH  IN SECTION NINETY-NINE-SS 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
 A. 6489                             3

 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.
   7. 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.
   8. (A) THE AUTHORITY SHALL PROMULGATE REQUIREMENTS FOR ELIGIBILITY  TO
 RECEIVE  FUNDS UNDER THIS PROGRAM WHICH PROHIBIT BUILDINGS FROM INITIAT-
 ING EVICTION PROCEEDINGS, FAIL TO RENEW A LEASE  OR  OTHERWISE  SEEK  TO
 REMOVE A TENANT FROM HOUSING ACCOMMODATION, EXCEPT:
   (I) IN SITUATIONS OF NON-PAYMENT OF RENT;
   (II)  WHERE  THE  TENANT  IS VIOLATING A SUBSTANTIAL OBLIGATION OF THE
 TENANCY AND HAS FAILED TO CURE SUCH VIOLATION WITHIN TEN DAYS;
   (III) WHERE THE TENANT IS COMMITTING OR PERMITTING A NUISANCE  IN  THE
 HOUSING ACCOMMODATION;
   (IV) WHERE THE TENANT'S OCCUPANCY OR USE OR PERMITTED USE OF THE HOUS-
 ING ACCOMMODATION IS IN VIOLATION OF THE LAW; OR
   (V) WHERE THE TENANT HAS UNREASONABLY REFUSED THE LANDLORD'S ACCESS TO
 THE HOUSING ACCOMMODATION FOR THE PURPOSE OF MAKING REPAIRS AND IMPROVE-
 MENTS.
   (B) A RENT INCREASE IS PRESUMED TO BE UNREASONABLE AND NOT A BASIS FOR
 EVICTION  IF  IT  EXCEEDS  EITHER  THREE  PERCENT OF THE PREVIOUS RENTAL
 AMOUNT OR ONE AND ONE-HALF TIMES THE ANNUAL  PERCENTAGE  CHANGE  IN  THE
 CONSUMER PRICE INDEX FOR THE RELEVANT REGION, WHICHEVER IS HIGHER.
   9.  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.
   10. (A) NOTHING IN THIS PROGRAM SHALL ALTER THE  RIGHTS  OR  BENEFITS,
 PRIVILEGES, INCLUDING BUT NOT LIMITED TO TERMS AND CONDITIONS OF EMPLOY-
 MENT,  CIVIL  SERVICE STATUS, AND COLLECTIVE BARGAINING UNIT MEMBERSHIP,
 OF ANY CURRENT EMPLOYEES OF THE AUTHORITY.
   (B) NOTHING IN THIS  PROGRAM  SHALL  RESULT  IN:  (I)  THE  DISCHARGE,
 DISPLACEMENT,  OR  LOSS OF POSITION, INCLUDING PARTIAL DISPLACEMENT SUCH
 AS A REDUCTION IN HOURS OF NON-OVERTIME WORK, WAGES, OR EMPLOYMENT BENE-
 FITS; (II) THE IMPAIRMENT OF EXISTING COLLECTIVE BARGAINING  AGREEMENTS;
 OR (III) THE TRANSFER OF EXISTING DUTIES AND FUNCTIONS.
   11. THE AUTHORITY SHALL ENSURE THAT THE BUCKS FOR BOILERS PROGRAM DOES
 NOT ENABLE LANDLORDS TO SHIFT ENERGY COSTS TO THEIR TENANTS BY REQUIRING
 A. 6489                             4
 
 TENANTS  TO PAY FOR HEATING COSTS AFTER ELECTRIFICATION WHERE SUCH LAND-
 LORDS HAD BEEN PAYING TENANTS' HEATING COSTS PRIOR TO ELECTRIFICATION.
   12.  THE AUTHORITY SHALL ISSUE RELEVANT GUIDANCE FOR PROVIDING FUNDING
 UNDER THIS PROGRAM, INCLUDING BUT NOT LIMITED TO  GUIDANCE  ON  PROGRAMS
 OFFERED BY THE AUTHORITY WHICH PROVIDE FUNDING TO ASSIST WITH COMPLIANCE
 WITH  CHANGES  IN  SUBDIVISIONS SEVEN AND EIGHT OF SECTION 11-104 OF THE
 ENERGY LAW MADE BY THE CHAPTER OF THE LAWS OF TWO  THOUSAND  TWENTY-FIVE
 THAT  ADDED  THIS  SECTION.    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.
   13.  USING FUNDS MADE AVAILABLE FROM THE BUCKS FOR BOILERS FUND AS SET
 FORTH IN SECTION NINETY-NINE-SS 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 OF PUBLIC SERVICE, THE AUTHORITY OR ANY OTHER STATE ENTI-
 TY, 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 ADMINISTRATIVE ALLOCATION, AND SHALL NOT  BE  COMMINGLED
 WITH  OTHER  AUTHORITY  FUNDS.  WITHIN  THIRTY DAYS FOLLOWING RECEIPT OF
 REVENUES GENERATED  PURSUANT  TO  REGULATIONS  OR  ACTIONS  PURSUANT  TO
 SECTION  EIGHTEEN HUNDRED EIGHTY-FIVE OF THIS TITLE, THE AUTHORITY SHALL
 TRANSFER FROM SUCH SEGREGATED AUTHORITY FUNDING ACCOUNT TO THE BUCKS FOR
 BOILERS FUND ESTABLISHED PURSUANT TO SECTION NINETY-NINE-SS OF THE STATE
 FINANCE LAW.
   § 4. The state finance law is amended by adding a new section 99-ss to
 read as follows:
   § 99-SS. 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.  (A) 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
 APPROPRIATED, 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  UP-FRONT  FINANCIAL  ASSISTANCE  TO  RESIDENTIAL
 BUILDING  OWNERS  AND  RENTERS  TO CONVERT THEIR EXISTING SPACE OR WATER
 HEATING EQUIPMENT TO ENERGY EFFICIENT ZERO-EMISSIONS EQUIPMENT OR BUILD-
 ING 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
 A. 6489                             5
 
 LAW;  (II)  MEASURES  WHICH  PRIORITIZE SUCH CONVERSIONS AND MEASURES IN
 DISADVANTAGED COMMUNITIES; (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; (V) REMOVAL OF FOSSIL  FUEL  COMBUSTION  EQUIPMENT
 AND  BUILDING SYSTEMS; AND (VI) ADMINISTRATIVE AND IMPLEMENTATION COSTS,
 PROGRAM DESIGN, AND OTHER ASSOCIATED COSTS.
   (B) MONEYS OF SUCH ACCOUNT SHALL NOT BE EXPENDED FOR THE PURPOSES  OF:
 (I)  PROVIDING  FINANCIAL  ASSISTANCE  TO RESIDENTIAL BUILDING OWNERS OR
 RENTERS TO CONVERT THEIR EXISTING SPACE OR WATER  HEATING  EQUIPMENT  TO
 ELECTRIC  RESISTANCE  OR  BIOFUEL  EQUIPMENT;  (II)  THE INSTALLATION OR
 PURCHASE OF CARBON CAPTURE  TECHNOLOGIES  OR  EQUIPMENT;  OR  (III)  THE
 INSTALLATION OR PURCHASE OF ENERGY EFFICIENT GAS BOILERS.
   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 PROHIBITED EMISSIONS, 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 PROHIBITED EMISSIONS, 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 and a new paragraph (a-1) is added to read as follows:
   (A-1) THE PROVISIONS SET FORTH IN PARAGRAPH (C) OF SUBDIVISION SIX  OF
 THIS SECTION SHALL NOT BE CONSTRUED AS PROHIBITING THE CONTINUED USE AND
 MAINTENANCE  OF FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS, INCLUDING AS
 RELATED TO COOKING EQUIPMENT, INSTALLED PRIOR TO THE EFFECTIVE  DATE  OF
 THE APPLICABLE PROHIBITION.
   (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 PROHIBITED
 EMISSIONS AND the installation 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,
 A. 6489                             6
 
 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. Subdivision 8 of section 11-104 of the energy law is  amended  by
 adding a new paragraph (c) to read as follows:
   (C)  "PROHIBITED  EMISSIONS"  SHALL  MEAN  THE EMISSION OF TWENTY-FIVE
 KILOGRAMS OR MORE OF CARBON DIOXIDE PER MILLION BRITISH THERMAL UNITS OF
 ENERGY, AS DETERMINED BY THE UNITED STATES ENERGY  INFORMATION  ADMINIS-
 TRATION, PROVIDED HOWEVER, THE EMISSION OF TWENTY-FIVE KILOGRAMS OR MORE
 OF  CARBON  DIOXIDE  PER MILLION BRITISH THERMAL UNITS OF ENERGY OR MORE
 SHALL NOT MEAN "PROHIBITED EMISSIONS"  WHERE  SUCH  EMISSIONS  OCCUR  IN
 CONNECTION WITH A DEVICE THAT CONTAINS NO CONNECTION TO A BUILDING'S GAS
 SUPPLY LINE OR FUEL OIL PIPING SYSTEM, IS USED ON AN INTERMITTENT BASIS,
 AND IS NOT USED TO SUPPLY A BUILDING WITH HEAT OR HOT WATER.
   § 8. 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 two new paragraphs a-1 and b-1 are 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 PROHIBITED EMISSIONS, IN ANY EXISTING BUILD-
 ING  NOT  MORE THAN SEVEN STORIES IN HEIGHT, EXCEPT FOR EXISTING COMMER-
 CIAL 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 UNIFORM  CODE  SHALL  PROHIBIT  PROHIBITED
 EMISSIONS,  IN ALL EXISTING BUILDINGS ON OR AFTER DECEMBER THIRTY-FIRST,
 TWO THOUSAND THIRTY-FOUR.
   B-1. THE PROVISIONS SET FORTH IN PARAGRAPH  A-1  OF  THIS  SUBDIVISION
 SHALL  NOT BE CONSTRUED AS PROHIBITING THE CONTINUED USE AND MAINTENANCE
 OF FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS, INCLUDING AS  RELATED  TO
 COOKING EQUIPMENT, INSTALLED PRIOR TO THE EFFECTIVE DATE OF THE APPLICA-
 BLE PROHIBITION.
   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 PROHIBITED EMISSIONS AND 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]
 A. 6489                             7
 
 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.
   § 9. Paragraph g of subdivision 19 of section 378 of the executive law
 is amended by adding a new subparagraph (iii) to read as follows:
   (III)  "PROHIBITED  EMISSIONS"  SHALL MEAN THE EMISSION OF TWENTY-FIVE
 KILOGRAMS OR MORE OF CARBON DIOXIDE PER MILLION BRITISH THERMAL UNITS OF
 ENERGY, AS DETERMINED BY THE UNITED STATE  ENERGY  INFORMATION  ADMINIS-
 TRATION, PROVIDED HOWEVER, THE EMISSION OF TWENTY-FIVE KILOGRAMS OR MORE
 OF  CARBON  DIOXIDE  PER MILLION BRITISH THERMAL UNITS OF ENERGY OR MORE
 SHALL NOT MEAN "PROHIBITED EMISSIONS"  WHERE  SUCH  EMISSIONS  OCCUR  IN
 CONNECTION WITH A DEVICE THAT CONTAINS NO CONNECTION TO A BUILDING'S GAS
 SUPPLY LINE OR FUEL OIL PIPING SYSTEM, IS USED ON AN INTERMITTENT BASIS,
 AND IS NOT USED TO SUPPLY A BUILDING WITH HEAT OR HOT WATER.
   § 10. Section 224-f of the labor law, as amended by chapter 100 of the
 laws of 2025, 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 or the  climate  change  adaptation  fund  established
 pursuant  to  section  ninety-seven-m  of  the  state  finance law AND A
 "COVERED BUCKS FOR BOILERS PROJECT" MEANS A  CONSTRUCTION  PROJECT  THAT
 RECEIVES  AT  LEAST ONE HUNDRED THOUSAND DOLLARS OF FUNDS FROM THE BUCKS
 FOR BOILERS FUND ESTABLISHED PURSUANT TO SECTION NINETY-NINE-SS  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
 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:
 A. 6489                             8
 
   (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 or from the climate  change  adaptation
 fund established pursuant to section ninety-seven-m 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-
 SS OF THE STATE FINANCE LAW FOR A COVERED BUCKS FOR BOILERS PROJECT, the
 owner or developer of such covered climate risk-related and energy tran-
 sition  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 or from the climate change adaptation
 fund established pursuant to section ninety-seven-m 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-
 SS 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
   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
 A. 6489                             9
 
 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
 from the climate change adaptation fund established pursuant to  section
 ninety-seven-m  of  the  state finance law OR THE BUCKS FOR BOILERS FUND
 ESTABLISHED PURSUANT TO SECTION NINETY-NINE-SS OF THE STATE FINANCE  LAW
 for  a  project  which involves the construction, reconstruction, alter-
 ation, maintenance, moving, demolition, excavation, development or other
 improvement of any building, structure or  land,  shall  be  subject  to
 section two hundred twenty-two of this article.
   §  11.  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.
   § 12. This act shall take effect immediately.