§ 66-r. Requirements for certain renewable energy systems. 1. For the
purposes of this section, a "covered renewable energy system" means a
renewable energy system, as such term is defined in section sixty-six-p
of this article, with a capacity of greater than five megawatts
alternating current and which involves the procurement of renewable
energy credits by a public entity, or a third party acting on behalf and
for the benefit of a public entity.

* 1-a. For the purposes of this section, an "other covered project"
means: (a) any "thermal energy network" as defined by subdivision
twenty-nine of section two of this chapter; (b) any offshore wind supply
chain project, including but not limited to port infrastructure, primary
component manufacturing, finished component manufacturing, subassembly
manufacturing, subcomponent manufacturing, or raw material producers, or
a combination thereof receiving direct funding from the New York state
energy research and development authority pursuant to an award under a
New York state energy research and development authority solicitation;
or (c) a "major utility transmission facility" as such term is defined
by section one hundred twenty of this chapter or "major electric
transmission facility" as defined by article VIII of this chapter.

* NB Effective January 1, 2025

2. For purposes of this section, "public entity" shall include, but
shall not be limited to, the state, a local development corporation as
defined in subdivision eight of section eighteen hundred one of the
public authorities law or section fourteen hundred eleven of the
not-for-profit corporation law, a municipal corporation as defined in
section one hundred nineteen-n of the general municipal law, an
industrial development agency formed pursuant to article eighteen-A of
the general municipal law or industrial development authorities formed
pursuant to article eight of the public authorities law, and any state,
local or interstate or international authorities as defined in section
two of the public authorities law; and shall include any trust created
by any such entities.

* 3. The commission shall require that the owner of the covered
renewable energy system, or a third party acting on the owner's behalf,
as an ongoing condition of any renewable energy credits agreement with a
public entity, shall stipulate to the fiscal officer that it will enter
into a labor peace agreement with at least one bona fide labor
organization either where such bona fide labor organization is actively
representing employees providing necessary operations and maintenance
services for the renewable energy system at the time of such agreement
or upon notice by a bona fide labor organization that is attempting to
represent employees who will provide necessary operations and
maintenance services for the renewable energy system employed in the
state. The maintenance of such a labor peace agreement shall be an
ongoing material condition of any continuation of payments under a
renewable energy credits agreement. For purposes of this section "labor
peace agreement" means an agreement between an entity and labor
organization that, at a minimum, protects the state's proprietary
interests by prohibiting labor organizations and members from engaging
in picketing, work stoppages, boycotts, and any other economic
interference with the relevant renewable energy system. "Renewable
energy credits agreement" shall mean any public entity contract that
provides production-based payments to a renewable energy project as
defined in this section.

* NB Effective until January 1, 2025

* 3. The commission shall require that the owner of the covered
renewable energy system or other covered project, or a third party
acting on the owner's behalf, as an ongoing condition of any renewable
energy credits agreement with a public entity, shall stipulate to the
fiscal officer that it will enter into labor peace agreements with any
bona fide labor organizations that either are actively representing
employees providing necessary operations and maintenance services for
the renewable energy system at the time of such agreement or provides
notice that it is attempting to represent any employees in any titles
who provide, or who will provide, necessary operations and maintenance
services for the renewable energy system employed in the state;
provided, however, this subdivision shall not apply to any covered
projects defined in paragraph (c) of subdivision one-a of this section.
The maintenance of such a labor peace agreement, or agreements, which
cover all classes of operations and maintenance employees, shall be an
ongoing material condition of any continuation of payments under a
renewable energy credits agreement. For purposes of this section "labor
peace agreement" means an agreement between an entity and labor
organization that, at a minimum, protects the state's proprietary
interests by prohibiting labor organizations and members from engaging
in picketing, work stoppages, boycotts, and any other economic
interference with the relevant renewable energy system. "Renewable
energy credits agreement" shall mean any public entity contract that
provides production-based payments to a renewable energy project as
defined in this section.

* NB Effective January 1, 2025

4.* (a) Any public entity, in each contract for construction,
reconstruction, alteration, repair, improvement or maintenance of a
covered renewable energy system which involves the procurement of a
renewable energy credits agreement by a public entity, or a third party
acting on behalf and for the benefit of a public entity, the "public
work" for the purposes of this subdivision, shall ensure that such
contract shall contain a provision that the iron and structural steel
used or supplied in the performance of the contract or any subcontract
thereto and that is permanently incorporated into the public work, shall
be produced or made in whole or substantial part in the United States,
its territories or possessions. In the case of a structural iron or
structural steel product all manufacturing must take place in the United
States, from the initial melting stage through the application of
coatings, except metallurgical processes involving the refinement of
steel additives. For the purposes of this subdivision, "permanently
incorporated" shall mean an iron or steel product that is required to
remain in place at the end of the project contract, in a fixed location,
affixed to the public work to which it was incorporated. Iron and steel
products that are capable of being moved from one location to another
are not permanently incorporated into a public work.

* NB Effective until January 1, 2025

* (a) Any public entity, in each contract for construction,
reconstruction, alteration, repair, improvement or maintenance of a
covered renewable energy system which involves the procurement of a
renewable energy credits agreement by a public entity, or a third party
acting on behalf and for the benefit of a public entity, the "public
work" for the purposes of this subdivision, shall ensure that such
contract shall contain a provision that the iron and steel used or
supplied in the performance of the contract or any subcontract thereto
shall be produced or made in whole or substantial part in the United
States, its territories or possessions. In the case of an iron or steel
product all manufacturing must take place in the United States, from the
initial melting stage through the application of coatings, except
metallurgical processes involving the refinement of steel additives.

* NB Effective January 1, 2025

(b) The provisions of paragraph (a) of this subdivision shall not
apply if the head of the department or agency constructing the public
works, in his or her sole discretion, determines that the provisions
would not be in the public interest, would result in unreasonable costs,
or that obtaining such steel or iron in the United States would increase
the cost of the contract by an unreasonable amount, or such iron or
steel, including without limitation structural iron and structural steel
cannot be produced or made in the United States in sufficient and
reasonably available quantities and of satisfactory quality. The head of
the department or agency constructing the public works shall include
this determination in an advertisement or solicitation of a request for
proposal, invitation for bid, or solicitation of proposal, or any other
method provided for by law or regulation for soliciting a response from
offerors intending to result in a contract pursuant to this subdivision.
The provisions of paragraph (a) of this subdivision shall not apply for
equipment purchased by a covered renewable energy system prior to the
effective date of this chapter.

(c) The head of the department or agency constructing the public works
may, at his or her sole discretion, provide for a solicitation of a
request for proposal, invitation for bid, or solicitation of proposal,
or any other method provided for by law or regulation for soliciting a
response from offerors intending to result in a contract pursuant to
this paragraph involving a competitive process in which the evaluation
of competing bids gives significant consideration in the evaluation
process to the procurement of equipment and supplies from businesses
located in New York state.

5. Whenever changes are proposed to any public procurement process
involving the program described in subdivision two of this section, the
commission shall make simultaneous recommendations to the temporary
president of the senate and speaker of the assembly, regarding necessary
changes to this section, if any, in meeting the goals outlined in the
legislative findings and intent of the chapter by which this section was
enacted.