S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3315
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2025
                                ___________
 
 Introduced  by  Sens.  GONZALEZ,  BRISPORT,  COONEY,  JACKSON,  SALAZAR,
   SANDERS -- read twice and ordered printed,  and  when  printed  to  be
   committed to the Committee on Energy and Telecommunications
 
 AN  ACT to amend the public authorities law, in relation to establishing
   the green affordable pre-electrification program

   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 "green affordable pre-electrification fund" (GAP fund).
   § 2. Legislative intent. The  legislature  finds  that  a  significant
 portion  of  the state's residential buildings are old and in disrepair.
 This limits the suitability and eligibility of low- and  moderate-income
 households for residential energy efficiency, electrification, weatheri-
 zation, installation of insulation, and resiliency programs.  There is a
 critical need to identify and remediate environmental hazards like mold,
 lead-based  paint,  and  friable  asbestos,  water intrusion, indoor air
 pollution, and other hazards before insulation and air sealing to ensure
 that any renovations to the home  do  not  create  or  exacerbate  toxic
 conditions.  These programs often do not cover the costs associated with
 renovations that would make such homes eligible for such programs. Given
 the  limitation  of  these  programs  to help make these homes eligible,
 there is a critical need to fund such improvements if the  state  is  to
 comprehensively  reduce emissions from residential buildings and achieve
 our climate goals.  This need was recognized by the State Climate Action
 Council in their 2022 Final  Scoping  Plan,  which  stated:  "The  State
 should  create a new Retrofit and Electrification Readiness Fund for LMI
 (low-moderate income) households,  affordable  housing,  rent  regulated
 housing,  public  housing,  and  residential  buildings in Disadvantaged
 Communities to cover costs of non-energy building improvements that  are
 necessary  to  install  energy measures and broadband installation costs
 when funding energy projects."
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04396-01-5
              

 S. 3315                             2
 
   § 3. The public authorities law is amended by  adding  a  new  section
 1872-b to read as follows:
   §  1872-B.  GREEN  AFFORDABLE  PRE-ELECTRIFICATION PROGRAM. 1.   DEFI-
 NITIONS. FOR THE PURPOSES OF THIS SECTION:
   (A) "RESIDENTIAL BUILDING" SHALL MEAN A RESIDENTIAL DWELLING WHICH  IS
 OWNER OR TENANT OCCUPIED.
   (B)  "ELIGIBLE  APPLICANT" SHALL MEAN AN OWNER OR TENANT OF A RESIDEN-
 TIAL BUILDING WHO WOULD BE INELIGIBLE FOR, OR WHO HAS BEEN  DENIED,  ANY
 LOCAL,  STATE  OR  FEDERAL  INCENTIVES, ASSISTANCE, SUBSIDIES, GRANTS OR
 LOANS FOR IMPROVEMENTS OR PROJECTS RELATING TO  ENERGY  SAVINGS,  GREEN-
 HOUSE GAS EMISSIONS REDUCTIONS, CLIMATE CHANGE ADAPTATION AND RESILIENCY
 DUE TO STRUCTURAL DEFICIENCIES, HEALTH HAZARDS, OR CODE VIOLATIONS WHICH
 MAKE THE BUILDING OR PROPERTY INELIGIBLE OR UNSUITABLE FOR SUCH IMPROVE-
 MENTS  OR PROJECTS. THE AUTHORITY MAY ALSO INCLUDE AS AN ELIGIBLE APPLI-
 CANT; A CITY, TOWN OR VILLAGE; A HOUSING DEVELOPMENT FUND COMPANY INCOR-
 PORATED PURSUANT TO ARTICLE ELEVEN OF THE PRIVATE  HOUSING  FINANCE  LAW
 WHICH  HAS  AS ONE OF ITS PRIMARY PURPOSES THE IMPROVEMENT OF HOUSING; A
 MUNICIPAL HOUSING AUTHORITY CREATED PURSUANT TO THE PUBLIC HOUSING  LAW;
 A  PUBLIC BENEFIT CORPORATION FORMED TO ASSIST PARTICULAR MUNICIPALITIES
 WITH THEIR HOUSING, COMMUNITY DEVELOPMENT OR RENEWAL NEEDS; OR A COUNTY,
 PROVIDED, HOWEVER, THAT THE COUNTY ACTS AS AN ADMINISTRATOR OF A PROGRAM
 UNDER WHICH PROJECTS ARE CONSTRUCTED, REHABILITATED OR IMPROVED BY OTHER
 ELIGIBLE APPLICANTS OR ACTS IN ANY OTHER CAPACITY AS PERMITTED BY LAW.
   (C) "FINANCIAL AWARDS" SHALL MEAN  INCENTIVES,  GRANTS  OR  LOANS,  AS
 DETERMINED APPROPRIATE BY THE AUTHORITY.
   (D)  "ELIGIBLE  REHABILITATION PROJECTS" SHALL MEAN ANY WORK NECESSARY
 TO BRING A COMPLETE STRUCTURE OR UNIT OF A STRUCTURE, WHERE APPROPRIATE,
 INTO COMPLIANCE WITH APPLICABLE BUILDING CODES AND REGULATIONS OR  OTHER
 IMPROVEMENTS, INCLUDING BUT NOT LIMITED TO REPAIRS, UPGRADES, REMOVAL OR
 MITIGATION  OF  HEALTH  HAZARDS,  SUCH AS MOLD, LEAD, ASBESTOS, RADON OR
 TESTS, REPLACEMENT OF  INSULATION,  AIR  SEALING,  VENTILATION  SYSTEMS,
 SEPTIC  AND PLUMBING SYSTEMS, ROOF REPAIRS OR REPLACEMENTS, WATER INTRU-
 SION MITIGATION, FOUNDATION REPAIR, WALL REPAIR, MOISTURE CONTROL, ELEC-
 TRICAL UPGRADES,  CORRECTING  POTENTIAL  ELECTRICAL  HAZARDS,  AND  SAFE
 REPAIR  OR  REMOVAL  OF  FOSSIL  FUEL SYSTEMS WHICH ARE NEEDED TO ENABLE
 PARTICIPATION IN LOCAL, STATE, OR FEDERAL PROGRAMS, INCENTIVES,  GRANTS,
 OR  LOANS  FOR  IMPLEMENTING  HOME IMPROVEMENTS REGARDING CLIMATE CHANGE
 ADAPTATION, MITIGATION AND RESILIENCY OR ECONOMIC EFFICIENCY, INCLUDING,
 BUT NOT LIMITED TO, ENERGY EFFICIENCY, ELECTRIFICATION,  WEATHERIZATION,
 OR THE INSTALLATION OF INSULATION.  PROJECTS UNDER THIS SECTION MAY ALSO
 INCLUDE  MEASURES  NEEDED TO MAKE THE DWELLING ACCESSIBLE TO INDIVIDUALS
 WITH DISABILITIES WHEN THOSE MEASURES ARE COMBINED WITH OTHER QUALIFYING
 MEASURES.  PROJECTS UNDER THIS SECTION SHALL NOT INCLUDE  THE  INSTALLA-
 TION,  OR  UPDATING  OF EQUIPMENT WHICH USES FOSSIL FUELS INCLUDING, BUT
 NOT LIMITED TO, GASOLINE, NATURAL GAS,  DIESEL,  HOME  HEATING  OIL,  OR
 COAL.
   2.  GENERAL AND ADMINISTRATIVE PROVISIONS. THE AUTHORITY SHALL PROMUL-
 GATE RULES AND REGULATIONS FOR THE ADMINISTRATION OF  THIS  SECTION,  IN
 CONSULTATION  WITH  THE  DIVISION  OF  HOUSING AND COMMUNITY RENEWAL, TO
 PROVIDE FINANCIAL AND TECHNICAL ASSISTANCE FOR THE COMPLETION OF  ELIGI-
 BLE  REHABILITATION  PROJECTS.  SUCH RULES AND REGULATIONS SHALL INCLUDE
 PROVISIONS CONCERNING THE ELIGIBILITY OF GRANTEES  FOR  STATE  FINANCIAL
 AWARDS;  FUNDING  CRITERIA AND THE FUNDING DETERMINATION PROCESS; SUPER-
 VISION AND EVALUATION OF THE AWARDEES; AND SUCH OTHER MATTERS NOT INCON-
 SISTENT WITH THE PURPOSES AND PROVISIONS OF THIS SECTION AS THE AUTHORI-
 TY SHALL DEEM NECESSARY.    THE  RULES  AND  REGULATIONS  SHALL  REQUIRE
 S. 3315                             3
 
 AWARDEES TO CONDUCT, THROUGH NYSERDA-APPROVED CONTRACTORS, AN INSPECTION
 AND  RISK  ASSESSMENT  TO  DETERMINE  IF THE HOME CONTAINS ANY HAZARDOUS
 CONDITION DUE TO THE PRESENCE OF  LEAD-BASED  PAINT,  MOLD,  OR  FRIABLE
 ASBESTOS.  THE  INSPECTION  AND RISK ASSESSMENT MAY BE PAID FOR WITH THE
 FINANCIAL AWARD IF THE OFFICIAL REPORTS ARE PROVIDED TO  THE  AUTHORITY.
 THE AUTHORITY MAY PROVIDE TECHNICAL SERVICES AND ASSISTANCE, OR CONTRACT
 TO  PROVIDE TECHNICAL SERVICES AND ASSISTANCE, TO AWARDEES TO FACILITATE
 COMPLIANCE WITH THE PROVISIONS AND INTENT  OF  THIS  SECTION  WHICH  MAY
 INCLUDE, BUT SHALL NOT BE LIMITED TO, CONSTRUCTION SKILLS TRAINING, HOME
 INSPECTION,  FINANCIAL  PACKAGING,  AND  ENGINEERING  AND  ARCHITECTURAL
 SERVICES NECESSARY FOR THE PREPARATION OF PROPOSALS  FOR  ENTERING  INTO
 CONTRACTS OR FOR THE CONTINUED OPERATION OF PROJECTS.
   3.  GREEN REHABILITATION CONTRACTS. (A) SUBJECT TO AVAILABLE APPROPRI-
 ATIONS, THE AUTHORITY IS HEREBY AUTHORIZED TO ENTER INTO CONTRACTS  WITH
 ELIGIBLE  APPLICANTS  TO  PROVIDE FINANCIAL AWARDS FOR THE COMPLETION OF
 ELIGIBLE REHABILITATION PROJECTS, SUBJECT TO THE TERMS AND CONDITIONS OF
 THIS SECTION. ANY FINANCIAL AWARD RECEIVED BY A  MUNICIPALITY  HEREUNDER
 SHALL  NOT  BE  DEEMED  TO BE MUNICIPAL FUNDS.   RECIPIENTS OF FINANCIAL
 AWARDS SHALL UTILIZE FUNDS PROVIDED PURSUANT TO THIS SECTION  SOLELY  TO
 COVER  OR  REDUCE  THE  COST OF ELIGIBLE REHABILITATION PROJECTS.   SUCH
 FUNDS AS MAY BE APPROPRIATED  SHALL  BE  EQUITABLY  DIVIDED  ACROSS  THE
 STATE'S  TEN  REGIONS, INCLUDING WESTERN NEW YORK, THE FINGER LAKES, THE
 SOUTHERN TIER, CENTRAL NEW YORK, THE MOHAWK VALLEY, THE CAPITAL  REGION,
 MID-HUDSON  REGION,  NEW  YORK CITY, LONG ISLAND, AND THE NORTH COUNTRY.
 AWARDS SHALL BE MADE WITH THE GOAL OF PRIORITIZING DISADVANTAGED  COMMU-
 NITIES,  AS DEFINED IN SECTION 75-0101 OF THE ENVIRONMENTAL CONSERVATION
 LAW AND USING CRITERIA DEVELOPED BY THE CLIMATE  JUSTICE  WORKING  GROUP
 PURSUANT  TO  SECTION  75-0111 OF THE ENVIRONMENTAL CONSERVATION LAW, TO
 RECEIVE NO LESS THAN FORTY PERCENT OF THE OVERALL AMOUNT AWARDED.
   (B) THE AUTHORITY SHALL STREAMLINE THE APPLICATION PROCESS BY INCORPO-
 RATING THE GREEN AFFORDABLE PRE-ELECTRIFICATION PROGRAM INTO THE  ELIGI-
 BILITY  SECTION OF EXISTING PROGRAM APPLICATIONS OFFERED BY THE AUTHORI-
 TY.
   (C) APPLICANTS MAY APPLY TO THE GREEN  AFFORDABLE  PRE-ELECTRIFICATION
 PROGRAM  CONCURRENTLY  WITH OTHER EXISTING PROGRAMS UPON THE APPLICANT'S
 PROVISION OF INFORMATION DETAILING ELIGIBLE REHABILITATION PROJECTS THAT
 WOULD CAUSE THE APPLICANT TO BE  DENIED  FUNDING  UNDER  OTHER  EXISTING
 PROGRAMS.  NOTWITHSTANDING  ANY  SECTION  OF  LAW  TO THE CONTRARY, SUCH
 CONCURRENT APPLICATION OR THE PROVISION OF  A  FINANCIAL  AWARD  BY  THE
 AUTHORITY  SHALL  NOT BE CAUSE TO DENY THE APPLICATION FOR FUNDING UNDER
 OTHER EXISTING PROGRAMS.
   (D) FINANCIAL AWARDS PROVIDED PURSUANT TO THIS SECTION SHALL COVER ONE
 HUNDRED PERCENT OF ASSOCIATED COSTS FOR OWNERS OR TENANTS  WITH  INCOMES
 UP  TO  EIGHTY PERCENT OF THE STATE MEDIAN INCOME OR AREA MEDIAN INCOME,
 WHICHEVER IS GREATER, AND SEVENTY-FIVE PERCENT OF ASSOCIATED  COSTS  FOR
 OWNERS  OR TENANTS WITH INCOMES BETWEEN EIGHTY-ONE AND ONE HUNDRED FIFTY
 PERCENT OF THE AREA MEDIAN INCOME, WHICHEVER IS GREATER.   NOTWITHSTAND-
 ING THE FOREGOING, THE AUTHORITY MAY CAP TOTAL FINANCIAL AWARDS FOR EACH
 PROJECT PURSUANT TO THE FOLLOWING SCHEDULE:
   (I)  FOR  A RESIDENTIAL BUILDING WITH UP TO FOUR DWELLING UNITS: (A) A
 MAXIMUM AWARD OF FORTY THOUSAND DOLLARS  MULTIPLIED  BY  THE  NUMBER  OF
 UNITS  IN THE BUILDING WHERE OWNERS OR TENANTS HAVE INCOMES UP TO EIGHTY
 PERCENT OF THE STATE OR THE AREA MEDIAN INCOME,  WHICHEVER  IS  GREATER;
 AND  (B)  A  MAXIMUM AWARD OF THIRTY-FIVE THOUSAND DOLLARS MULTIPLIED BY
 THE NUMBER OF UNITS IN THE BUILDING WHERE OWNERS OR TENANTS HAVE INCOMES
 S. 3315                             4
 
 BETWEEN EIGHTY-ONE AND ONE HUNDRED FIFTY PERCENT OF  THE  STATE  OR  THE
 AREA MEDIAN INCOME, WHICHEVER IS GREATER;
   (II)  FOR  A  RESIDENTIAL  BUILDING  WITH MORE THAN FOUR BUT LESS THAN
 FIFTY DWELLING UNITS:  (A)  A  MAXIMUM  AWARD  OF  TWENTY-FIVE  THOUSAND
 DOLLARS  MULTIPLIED  BY THE NUMBER OF UNITS IN THE BUILDING WHERE OWNERS
 OR TENANTS HAVE INCOMES UP TO EIGHTY PERCENT OF THE STATE  OR  THE  AREA
 MEDIAN  INCOME,  WHICHEVER IS GREATER; AND (B) A MAXIMUM AWARD OF TWENTY
 THOUSAND DOLLARS MULTIPLIED BY THE NUMBER OF UNITS IN THE BUILDING WHERE
 OWNERS OR TENANTS HAVE INCOMES BETWEEN EIGHTY-ONE AND ONE HUNDRED  FIFTY
 PERCENT  OF  THE  STATE OR THE AREA MEDIAN INCOME, WHICHEVER IS GREATER;
 AND
   (III) FOR A RESIDENTIAL BUILDING WITH MORE THAN FIFTY DWELLING UNITS A
 MAXIMUM AWARD OF FIFTEEN THOUSAND DOLLARS MULTIPLIED BY  THE  NUMBER  OF
 UNITS  IN  THE  BUILDING  WHERE OWNERS OR TENANTS HAVE INCOMES UP TO ONE
 HUNDRED FIFTY PERCENT OF THE STATE OR THE AREA MEDIAN INCOME,  WHICHEVER
 IS GREATER.
   (E)  THE  AUTHORITY MAY CAP TOTAL FINANCIAL AWARDS FOR EACH PROJECT OR
 EACH INDIVIDUAL IMPROVEMENT WITHIN A PROJECT TO ENSURE THAT EACH  NECES-
 SARY  IMPROVEMENT IS MADE, AS LONG AS THE CAP DOES NOT CREATE A SINGULAR
 OBSTACLE TO THE PROJECT MOVING FORWARD.
   (F) THE AUTHORITY SHALL PROVIDE AN  ANSWER  TO  THE  APPLICANT  WITHIN
 SIXTY DAYS AFTER IT RECEIVES THE APPLICATION, STATING WHETHER OR NOT THE
 APPLICANT  IS  ELIGIBLE FOR FUNDING, OR IF MORE INFORMATION IS NEEDED TO
 DETERMINE ELIGIBILITY. THE AUTHORITY SHALL ALSO STATE  THE  CAP  AMOUNTS
 FOR  EACH  PROJECT  OR  EACH  IMPROVEMENT  WITHIN  EACH  PROJECT  IN ITS
 RESPONSE.
   (G) THE ELIGIBLE APPLICANT SHALL BE RESPONSIBLE TO SECURE  ALL  NECES-
 SARY  DESCRIPTIONS  OF  EXPENSES  FOR  ELIGIBLE  PROJECTS AND ASSOCIATED
 COSTS.
   (H) ELIGIBLE REHABILITATION PROJECTS, IF NOT COMPLETED BY  A  NOT-FOR-
 PROFIT  CORPORATION,  MAY  BE  COMPLETED  BY  A NYSERDA-APPROVED PRIVATE
 CONTRACTOR HEADQUARTERED IN NEW YORK STATE OR WITHIN TEN  MILES  OF  THE
 BORDER OF NEW YORK STATE WITH ANOTHER STATE.  THE AUTHORITY SHALL ESTAB-
 LISH  COST  CONTROL  MEASURES  SUCH  AS  PER-MEASURE PAYMENT FORMULAS TO
 ENSURE PRICES CHARGED BY CONTRACTORS ARE REASONABLE.
   (I) THE AUTHORITY SHALL PRIORITIZE THE CONTRACTING OF FINANCIAL AWARDS
 TO PROJECTS LOCATED WITHIN AN AREA WHICH  IS  AN  ENVIRONMENTAL  JUSTICE
 COMMUNITY,  BLIGHTED,  DETERIORATED OR DETERIORATING, OR HAS A BLIGHTING
 INFLUENCE ON THE SURROUNDING AREA, OR IS IN DANGER OF BECOMING A SLUM OR
 A BLIGHTED AREA BECAUSE OF THE  EXISTENCE  OF  SUBSTANDARD,  UNSANITARY,
 DETERIORATING  OR DETERIORATED CONDITIONS, AGED HOUSING STOCK, OR VACANT
 NON-RESIDENTIAL PROPERTY, OR OTHER FACTORS INDICATING  AN  INABILITY  OR
 UNWILLINGNESS  OF THE PRIVATE SECTOR UNAIDED TO CAUSE THE REHABILITATION
 OF HOMES FOR WHICH FINANCIAL AWARDS UNDER THIS SECTION ARE PROVIDED.
   (J) THE AUTHORITY SHALL COMPILE A LIST OF ELIGIBLE CONTRACTORS  ORGAN-
 IZED BY REGION TO FACILITATE PROJECTS UNDER THIS PROGRAM.
   (K)  THE  AUTHORITY SHALL PROVIDE APPLICANTS WITH A LIST OF CONDITIONS
 THAT MUST BE MET PRIOR TO ENTERING INTO  A  CONTRACT  PURSUANT  TO  THIS
 SECTION.  WITHIN FIFTEEN WORKING DAYS OF RECEIPT BY THE AUTHORITY OF ALL
 DOCUMENTS IN SATISFACTION OF THE LIST, THE AUTHORITY  SHALL  NOTIFY  THE
 APPLICANT  OF  THE  SUFFICIENCY  OR  INSUFFICIENCY OF THE DOCUMENTATION.
 AFTER SATISFACTION BY THE APPLICANT OF ALL CONDITIONS  REQUIRED  BY  THE
 AUTHORITY, AND A DETERMINATION OF ELIGIBILITY, THE AUTHORITY SHALL ENTER
 INTO THE CONTRACT WITHIN FORTY-FIVE WORKING DAYS OF SATISFACTION OF SUCH
 CONDITIONS PROVIDED, HOWEVER, THAT SUFFICIENT FUNDING IS AVAILABLE.
 S. 3315                             5
 
   (L)  IN  THE  CASE  OF  PROJECTS THAT RECEIVE FINANCIAL AWARDS OF OVER
 FORTY THOUSAND DOLLARS, THE AUTHORITY MAY ESTABLISH RESTRICTIONS ON  THE
 SALE OF THE RESIDENCE OR ITS SUBUNITS TO QUALIFIED LOW-INCOME HOMEBUYERS
 FOR  A  PERIOD  OF  AT  LEAST  SIXTY YEARS, BUT NO MORE THAN NINETY-NINE
 YEARS,  AND  THE  AUTHORITY  MAY  ENSURE THIS RESTRICTION BY USE OF DEED
 RESTRICTIONS,  COMMUNITY  LAND  TRUSTS,  OR  LIMITED-EQUITY  COOPERATIVE
 OWNERSHIP STRUCTURES.
   (M)  FOR  ALL  PROJECTS  THAT  RECEIVE FINANCIAL AWARDS, THE FOLLOWING
 RESTRICTIONS SHALL APPLY AND BE IN FORCE FOR A PERIOD OF NOT  LESS  THAN
 FIVE  YEARS: (I) THE OWNER OF A BUILDING ASSISTED WITH GAP FUNDS MAY NOT
 RAISE THE RENT OF ANY UNITS MORE THAN  THREE  PERCENT  ANNUALLY  IN  THE
 BUILDING  OR  THE CURRENT MAXIMUM RENT INCREASES SET FORTH IN LOCAL RENT
 STABILIZATION LAW, WHICHEVER IS LOWER; AND (II) AN OWNER OF  A  BUILDING
 ASSISTED  WITH  GAP FUNDS MAY NOT EVICT, HARASS, OR INVOLUNTARILY REMOVE
 ANY TENANT IN A WEATHERIZED UNIT, UNLESS THE TENANT IS FOUND  TO  BE  IN
 VIOLATION OF THE LEASE TERMS AGREED UPON BY THE TENANT AND LANDLORD;
   (N)  THE  OWNER  AND  THE  AUTHORITY  SHALL BE JOINTLY RESPONSIBLE FOR
 INFORMING TENANTS IN A BUILDING ABOUT ANY UPCOMING PROJECT FOR WHICH GAP
 FUNDS HAVE BEEN AWARDED AND WHICH WILL  IMPACT  THEM  AND  OF  INFORMING
 TENANTS  ABOUT THE BUILDING OWNER AGREEMENT WITH THE STATE MADE PURSUANT
 TO THE AWARD OF GAP FUNDS FOR THE PROJECT. THE AUTHORITY  SHALL  PROVIDE
 OWNERS  WITH  TEMPLATES  FOR  A  TENANT  SYNOPSIS AND NOTIFICATION TO BE
 PLACED IN COMMON AREAS OF THE BUILDING. THE NOTIFICATION SHALL SUMMARIZE
 WORK THAT WILL OCCUR IN THE BUILDING, ANY SPECIFIC WORK TO BE  PERFORMED
 IN  THE  TENANT'S  UNIT,  THE TIMING OF THE WORK AND THE OWNER AGREEMENT
 WITH THE STATE. THE TENANT SYNOPSIS SHALL EXPLAIN  THAT  RENT  INCREASES
 ARE RESTRICTED FOR FIVE YEARS FOLLOWING THE GRANTING OF THE AWARD OF GAP
 FUNDS, AND THAT SUCH RESTRICTIONS BIND SUCCESSIVE OWNERS IF THE BUILDING
 IS  SOLD.  THE TENANT SYNOPSIS SHALL LIST THE CONDITIONS UNDER WHICH THE
 OWNER MAY INCREASE THE RENT AND OTHER RIGHTS TENANTS HAVE, INCLUDING THE
 ABILITY TO FILE A CLAIM IN COURT AGAINST IMPROPER RENT INCREASES AND THE
 RIGHT TO VIEW A COPY OF THE OWNER AGREEMENT FOR THE BUILDING  WHERE  THE
 TENANT  RESIDES.  THE OWNER SHALL BE REQUIRED TO ATTEST, IN WRITING THAT
 THEY HAVE PROVIDED A TENANT SYNOPSIS TO EACH TENANT AND POSTED APPROPRI-
 ATE NOTICES IN COMMON AREAS OF THE BUILDING, AND SHALL PROVIDE A LIST OF
 TENANT ADDRESSES TO THE AUTHORITY SO THAT THE AUTHORITY CAN ALSO SEND  A
 COPY OF THE TENANT SYNOPSIS TO ALL RESIDENTS OF THE BUILDING.
   (O)  IN  DETERMINING  FINANCIAL  AWARDS  PURSUANT TO THIS SECTION, THE
 AUTHORITY SHALL GIVE PREFERENCE TO APPLICATIONS BASED UPON THE EXTENT TO
 WHICH THE PROPOSED REHABILITATION PROJECT WILL:
   (I) SERVE THE LOWEST INCOME HOUSEHOLDS IN DISADVANTAGED COMMUNITIES OR
 COMMUNITIES IN WHICH BUILDINGS ARE  DETERIORATED  OR  DETERIORATING,  OR
 HAVE AN INJURIOUS INFLUENCE ON THE SURROUNDING AREA, OR ARE IN DANGER OF
 BECOMING  A  DETERIORATING AREA BECAUSE OF THE EXISTENCE OF SUBSTANDARD,
 UNSANITARY, AGED HOUSING STOCK OR VACANT NON-RESIDENTIAL  PROPERTIES  OR
 OTHER  FACTORS  INDICATING  AN INABILITY OR UNWILLINGNESS OF THE PRIVATE
 SECTOR, UNAIDED, TO CAUSE THE REHABILITATION OF  HOMES,  AND  WHICH  ARE
 DESIGNED  TO CONTINUE TO BE AFFORDABLE TO SUCH HOUSEHOLDS FOR A SUBSTAN-
 TIAL PERIOD OF TIME;
   (II) LEVERAGE PRIVATE AND OTHER PUBLIC INVESTMENT SO AS TO REDUCE  THE
 AMOUNT  OF  ASSISTANCE  APPROPRIATED  PURSUANT  TO THIS SECTION WHICH IS
 NECESSARY TO COMPLETE SUCH PROJECTS;
   (III) CONTRIBUTE TO THE REHABILITATION OF THE NEIGHBORHOOD OR COMMUNI-
 TY IN WHICH THE PROGRAM IS LOCATED;
   (IV) NOT DIRECTLY DISPLACE CURRENT LOW- AND MODERATE-INCOME  RESIDENTS
 OF SUCH NEIGHBORHOOD OR COMMUNITY;
 S. 3315                             6
 
   (V) BE UNDERTAKEN AND COMPLETED IN A TIMELY FASHION; AND
   (VI) UTILIZE INNOVATIVE, COST-EFFECTIVE DESIGN TECHNIQUES AND BUILDING
 MATERIALS  WHICH  ENABLE  THE  DECONSTRUCTION OF STRUCTURES AND REUSE OR
 RECYCLING  OF   SUCH   DECONSTRUCTED   MATERIALS,   AND   WHICH   REDUCE
 CONSTRUCTION, REHABILITATION, OR OPERATING COSTS.
   (P)  NO  MORE  THAN  FIVE PERCENT OF FUNDS UNDER THIS PROGRAM SHALL BE
 ALLOCATED TO ANY SINGLE BUILDING PER YEAR.
   (Q) THE AUTHORITY SHALL PROVIDE FOR THE REVIEW, AT PERIODIC  INTERVALS
 NOT  LESS THAN ANNUALLY, OF THE PERFORMANCE OF CONTRACTED APPLICANTS AND
 RELATED REHABILITATION PROJECTS RECEIVING FINANCIAL AWARDS  PURSUANT  TO
 THIS SECTION. SUCH REVIEW SHALL, AMONG OTHER THINGS, BE FOR THE PURPOSES
 OF  ASCERTAINING  CONFORMITY  TO  CONTRACTUAL  PROVISIONS, THE FINANCIAL
 INTEGRITY AND EFFICIENCY OF AWARDEES AND THE EVALUATION OF THEIR  ACTIV-
 ITIES.  CONTRACTS  ENTERED  INTO  PURSUANT TO THIS SECTION MAY BE TERMI-
 NATED, FUNDS MAY BE WITHHELD AND UNSPENT FUNDS RECAPTURED BY THE AUTHOR-
 ITY UPON A FINDING  OF  SUBSTANTIAL  NONPERFORMANCE  OR  BREACH  BY  THE
 AWARDEE OF ITS OBLIGATIONS UNDER ITS CONTRACT.
   4. REPORTING. NO LATER THAN SEPTEMBER FIRST FOLLOWING THE FIRST FISCAL
 YEAR  COMMENCING  AFTER  THE  EFFECTIVE  DATE  OF THIS SECTION, AND EACH
 SEPTEMBER FIRST THEREAFTER, THE AUTHORITY SHALL PREPARE A REPORT ON  THE
 GREEN  AFFORDABLE  PRE-ELECTRIFICATION  PROGRAM PURSUANT TO THIS SECTION
 AND SUBMIT SUCH REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT  OF  THE
 SENATE,  AND THE SPEAKER OF THE ASSEMBLY. SUCH REPORT SHALL INCLUDE, BUT
 NOT BE LIMITED TO: (A)  THE  TOTAL  NUMBER  OF  APPLICANTS  TO  RELEVANT
 PROGRAMS  FOR  WHICH ELIGIBLE APPLICANTS UNDER THIS SECTION WOULD APPLY,
 AS DEFINED UNDER PARAGRAPH (B) OF SUBDIVISION ONE OF THIS  SECTION;  (B)
 THE  NUMBER  OF APPLICATIONS PENDING FOR THAT FISCAL YEAR; (C) THE TOTAL
 NUMBER AND VALUE OF FINANCIAL AWARDS DISBURSED AND  THE  NONPROFITS  AND
 PRIVATE CONTRACTORS WHICH RECEIVED SUCH AWARD; (D) THE NUMBER OF RECIPI-
 ENTS  OF  FUNDS  UNDER THIS PROGRAM WHO ENTERED INTO AND COMPLETED OTHER
 RELEVANT PROGRAMS; (E) COMPLAINTS BY TENANTS AND HOMEOWNERS RELATING  TO
 PROJECTS  COMPLETED  UNDER  THIS  PROGRAM; AND (F) THE IDENTIFICATION OF
 BARRIERS TO THE UTILIZATION OF FINANCIAL AWARDS AND  PROPOSED  SOLUTIONS
 FOR  THE  REMOVAL OF THOSE BARRIERS TO EFFECTUATE DISBURSAL OF FINANCIAL
 AWARDS.
   5. LABOR STANDARDS. THE AUTHORITY SHALL ESTABLISH A  QUALITY  CONTROL,
 CORRECTIVE ACTION, AND INSPECTION PROCESS TO ENSURE THAT WORK QUALITY IS
 ACCEPTABLE  AND  DURABLE.  ANY  CONTRACTOR  PERFORMING  WORK  UNDER THIS
 SECTION SHALL VERIFY THAT THEY HAVE ENTERED INTO A LABOR PEACE AGREEMENT
 WITH A BONA FIDE LABOR ORGANIZATION THAT IS ACTIVELY ENGAGED IN  REPRES-
 ENTING  OR  ATTEMPTING  TO  REPRESENT  THE APPLICANT'S EMPLOYEES AND THE
 MAINTENANCE OF SUCH A LABOR PEACE AGREEMENT SHALL BE AN ONGOING MATERIAL
 CONDITION OF RECEIVING FUNDS FROM THE AUTHORITY.   ANY  PROJECTS  FUNDED
 PURSUANT  TO  THIS  SECTION  SHALL  BE  PERFORMED IN ACCORDANCE WITH THE
 PROVISIONS OF ARTICLES EIGHT AND NINE OF THE LABOR LAW.
   6. FUNDING.  FUNDING  FOR  THE  GREEN  AFFORDABLE  PRE-ELECTRIFICATION
 PROGRAM  SHALL  CONSIST OF ALL REVENUE RECEIVED PURSUANT TO AN APPROPRI-
 ATION THEREFOR, AND ANY OTHER MONIES APPROPRIATED,  CREDITED  OR  TRANS-
 FERRED  FROM  ANY OTHER SOURCE PURSUANT TO LAW.  NOTHING IN THIS SECTION
 SHALL BE DEEMED TO PREVENT THE STATE FROM  RECEIVING  GRANTS,  GIFTS  OR
 BEQUESTS FOR THE PURPOSES OF THIS PROGRAM.
   §  4.  Severability.  If any clause, sentence, paragraph, subdivision,
 section or part of this act shall be adjudged by any court of  competent
 jurisdiction  to  be invalid, such judgment shall not affect, impair, or
 invalidate the remainder thereof, but shall be confined in its operation
 to the clause, sentence, paragraph, subdivision, section or part thereof
 S. 3315                             7
 
 directly involved in the controversy in which such judgment  shall  have
 been rendered. It is hereby declared to be the intent of the legislature
 that  this  act  would have been enacted even if such invalid provisions
 had not been included herein.
   § 5. This act shall take effect immediately.