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A06967 Summary:

BILL NOA06967
 
SAME ASSAME AS S04264-A
 
SPONSORCahill
 
COSPNSRSeptimo, Clark, Carroll, Cymbrowitz, Benedetto, Galef, Simon, Thiele, Bronson, Steck, Epstein, Hevesi, Gonzalez-Rojas, Reyes, Dickens, Fahy, Glick, Richardson, Stern, De La Rosa, Hunter, Colton, Rosenthal L, Lavine, Fernandez, Gallagher, Kelles, Dinowitz, O'Donnell, Rivera JD, Barron, Gottfried, Forrest, Burke, Burdick, Abbate, Anderson, Frontus, Peoples-Stokes, Mitaynes, Perry, Otis, Pichardo, Quart, Davila, Bichotte Hermelyn, Jackson, Mamdani, Taylor, Cruz, Burgos, Rivera J, Seawright
 
MLTSPNSRPaulin
 
Add Art 19 Title 13 §§19-1301 - 19-1313, En Con L; add Art 8-B §§228 - 229-b, amd §231, Lab L; add Art 8 Title 9-C §§1910 - 1939-c, Art 8 Title 36 §§2799-tttt - 2799-xxxxx, Pub Auth L; add Art 42 §§3039 - 3047, Art 43 §§3050 - 3059, Tax L; add §184, Exec L
 
Enacts the climate and community investment act; prioritizes the allocation of public investments in disadvantaged communities; addresses climate change challenges through the expansion and growth of clean and renewable energy sources; adopts best value requirements for the solicitation, evaluation and award of renewable energy projects; establishes a community just transition program; establishes a climate pollution fee and a household and small business energy rebate; and creates the climate and community investment authority.
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A06967 Actions:

BILL NOA06967
 
04/15/2021referred to environmental conservation
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A06967 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6967
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 15, 2021
                                       ___________
 
        Introduced  by M. of A. CAHILL, SEPTIMO -- read once and referred to the
          Committee on Environmental Conservation
 
        AN ACT to amend the environmental conservation law, the  executive  law,
          the labor law, the public authorities law and the tax law, in relation
          to enacting the climate and community investment act

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "climate and community investment act".
     3    §  2. Legislative findings and declaration.  The legislature finds and
     4  declares that:
     5    1. Climate change is adversely affecting economic  well-being,  public
     6  health,  natural resources, and the environment of New York. The adverse
     7  impacts of climate change include:
     8    (a) an increase in the  severity  and  frequency  of  extreme  weather
     9  events, such as storms, flooding, and heat waves, which can cause direct
    10  injury  or  death, property damage, and ecological damage (e.g., through
    11  the release of hazardous substances into the environment);
    12    (b) rising sea levels, which exacerbate damage from storm  surges  and
    13  flooding,  contribute  to  coastal  erosion and saltwater intrusion, and
    14  inundate low-lying areas, leading to the displacement of  or  damage  to
    15  coastal habitat, property, and infrastructure;
    16    (c) exacerbation of air pollution;
    17    (d)  an  increase  in  the  incidences  of infectious diseases, asthma
    18  attacks, heart attacks, and other negative health outcomes;
    19    (e) increased average temperatures, which increase the demand for  air
    20  conditioning and refrigeration among residents and businesses; and
    21    (f)  extensive  environmental  degradation with devastating impacts to
    22  wildlife and natural habitats, ecosystems and food supplies.
    23    2. Many of the impacts of climate change are already observable in New
    24  York state and the northeastern United States.  Annual  average  temper-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01702-03-1

        A. 6967                             2
 
     1  atures  are on the rise, winter snow cover is decreasing, heat waves and
     2  precipitation are intensifying, and sea levels along New  York's  coast-
     3  line  are approximately one foot higher than they were in 1900. New York
     4  has also experienced an increasing number of extreme and unusual weather
     5  events,  like  Hurricanes Irene and Lee and the unprecedented Superstorm
     6  Sandy in 2012, which caused at least 53 deaths and $32 billion in damage
     7  in New York state.
     8    3. New York  should  therefore  minimize  the  risks  associated  with
     9  climate  change  through  a  combination of measures to reduce statewide
    10  greenhouse gas emissions and improve the resiliency of  the  state  with
    11  respect  to  the  impacts  and  risks  of  climate change that cannot be
    12  avoided.
    13    4. Climate change especially heightens the vulnerability of  disadvan-
    14  taged  communities, including communities of color and low-income commu-
    15  nities, which bear environmental and socioeconomic burdens  as  well  as
    16  legacies  of racial and ethnic discrimination. Disadvantaged communities
    17  are more likely to experience flooding and urban  heat  island  effects,
    18  and  to  live in housing vulnerable to destruction from storms.  Low-in-
    19  come New Yorkers lack  emergency  savings  to  keep  up  with  necessary
    20  expenses following the disruption from a major storm or climate event.
    21    5. Actions taken by New York state to reduce greenhouse gas emissions,
    22  and  those taken to increase the resiliency of the state with respect to
    23  the impacts and risks of climate change, should prioritize  the  safety,
    24  health,  and  resiliency of disadvantaged communities, control potential
    25  regressive impacts of future climate change  mitigation  and  adaptation
    26  policies  on  these communities, and prioritize the allocation of public
    27  investments in these areas.
    28    6. Disadvantaged communities in  New  York  state  experience  greater
    29  exposure  to  air  pollution  and subsequent negative health impacts, in
    30  large part  due  to  legacies  of  racial,  ethnic,  and  socio-economic
    31  discrimination. New York's communities of color are more likely to:
    32    (a)  live near sites of high pollution, including power plants, highly
    33  trafficked  automotive  routes,  waste  transfer  stations,   landfills,
    34  hazardous waste sites and toxic industrial facilities;
    35    (b) breathe in a greater volume of pollution, including both ozone and
    36  particulate matter;
    37    (c)  experience asthma and other pollution-related illnesses including
    38  increased hospitalization rates for childhood asthma;
    39    (d) have higher rates of cancer due to  disproportionate  exposure  to
    40  air  pollution,  including  lung  cancer  and other pollution-affiliated
    41  cancers; and
    42    (e) experience other negative health impacts, including but not limit-
    43  ed to reduced fertility rates, adverse pregnancy outcomes and  increased
    44  vulnerability  to  the  consequences of co-morbidities like diabetes and
    45  high blood pressure.
    46    7. In the spring of 2020, New York experienced the devastating impacts
    47  of the Covid-19 pandemic. Tens of thousands of  New  Yorkers  died,  and
    48  many  hundreds  of  thousands  more  became  ill. Air pollution played a
    49  significant role in this pandemic, as residents of communities of  color
    50  who  live in highly polluted areas died disproportionately from Covid-19
    51  when compared to patients from less polluted  neighborhoods.  Throughout
    52  the  pandemic,  New  Yorkers  of  color  continue  to disproportionately
    53  contract, fall ill, and die from Covid-19, in part because of dispropor-
    54  tionate exposure to toxic air pollution.
    55    8. The Covid-19 pandemic has also caused a  national  economic  crisis
    56  which  has  also severely impacted New York State. Many New Yorkers lost

        A. 6967                             3
 
     1  their jobs during the Covid-19 pandemic, with unemployment rates  reach-
     2  ing  levels  not  seen  since  the  Great Depression. Such mass job loss
     3  increased precarity for thousands of New Yorkers and left many less able
     4  to weather current or future emergencies. Child and dependent care shor-
     5  tages  are  and continue to be a barrier to work in New York, especially
     6  for women, who disproportionately take on unpaid caregiving responsibil-
     7  ities when their family cannot find or afford child and dependent  care.
     8  Low  and middle-income families and families of color disproportionately
     9  lack access to quality child and dependent care.
    10    9. New York state has an  interest  in  reducing  air  pollution  that
    11  increases risk for Covid-19 and ensuring that all populations are equal-
    12  ly able to breathe clean air and live healthful lives. Actions undertak-
    13  en  by New York to reduce air pollution should prioritize the health and
    14  safety of disadvantaged communities, prioritize the allocation of public
    15  investments in these areas, and control potential regressive impacts  of
    16  climate policies on these communities. Further, it is in the interest of
    17  the state to invest in creating stable and safe employment opportunities
    18  for  individuals  who  have  lost  their  jobs  as  part of the Covid-19
    19  recession. This includes protecting and promoting the  ability  for  all
    20  workers  to  equitably  participate in a just clean energy transition by
    21  increasing equitable and comprehensive access  to  child  and  dependent
    22  care.
    23    10.  Racial  justice and environmental justice are inextricably linked
    24  to achieving a just clean energy transition in New York. The  murder  of
    25  George  Floyd  on  May  25, 2020 was followed by mass protests for Black
    26  lives in New York state and throughout the nation. These movements  have
    27  forced  a  national  reckoning  with  the fact that racial injustice has
    28  resulted in over-policing  and  mass  incarceration  of  communities  of
    29  color.    It  is  in the interest of the state of New York that no funds
    30  from programs for pricing  greenhouse  gas  emissions  are  invested  in
    31  police, prisons or related infrastructure.
    32    11.  The  adverse  impacts  of climate change are having a detrimental
    33  effect on some of New York's largest industries, including  agriculture,
    34  commercial  shipping, forestry, tourism, and recreational and commercial
    35  fishing. These impacts also place  additional  strain  on  the  physical
    36  infrastructure  that  delivers  critical services to the citizens of New
    37  York, including the  state's  energy,  transportation,  stormwater,  and
    38  wastewater infrastructure.
    39    12. Creating good jobs and a thriving economy is a core concern of New
    40  York  state.  Shaping  the  ongoing  transition  in our energy sector to
    41  ensure that it creates good jobs and protects  workers  and  communities
    42  that  may lose employment in the current transition must be key concerns
    43  of our climate policy. Setting  clear  standards  for  job  quality  and
    44  training  standards  encourages  not only high-quality work but positive
    45  economic impacts.
    46    13. Ensuring career opportunities are  created  and  shared  geograph-
    47  ically  and  demographically  is necessary to ensure increased access to
    48  good jobs for marginalized communities while making the  same  neighbor-
    49  hoods  more  resilient.  Climate change has a disproportionate impact on
    50  low-income people, communities of  color,  women,  youth,  children  and
    51  workers.  This includes formerly incarcerated individuals. Disadvantaged
    52  communities  and  workers must have access to all aspects of the state's
    53  clean energy economy, including as investors  and  developers  of  clean
    54  energy  projects.    It  is  in the interest of the state of New York to
    55  protect and promote the interests of these groups against the impacts of
    56  climate change and severe weather events and to advance our equity goals

        A. 6967                             4
 
     1  by ensuring quality employment opportunities in  safe  working  environ-
     2  ments.
     3    14.  Addressing  climate  change  challenges through the expansion and
     4  growth of clean and renewable energy sources requires New York  to  make
     5  substantial  proprietary and financial investments in this sector and to
     6  become an investor and partner in the development  of  renewable  energy
     7  programs and projects. New York has long provided forms of state assist-
     8  ance, including grants, energy credits, or tax incentives to developers,
     9  project  owners  and other entities proposing clean and renewable energy
    10  projects. Key findings relating to state assistance  in  the  clean  and
    11  renewable energy sector are as follows:
    12    (a)  providing  forms of state assistance in renewable energy projects
    13  results in New York becoming a co-investor in this  sector  with  strong
    14  financial,  proprietary  interests  in  the  projects  it supports. Such
    15  assistance is essential since the  expansion  and  development  of  this
    16  market, would not occur at the scale and pace needed without substantial
    17  financial  investment  by  the  state.  New  York  has  already invested
    18  billions of dollars in promoting its renewable energy programs and  will
    19  continue  to  invest  substantial  sums  over  the next several years to
    20  assist the growth and development of the sector.  Such  investments  are
    21  critical  not  only  for  the development of individual renewable energy
    22  projects, but also to ensure that projects are effectively  planned  and
    23  executed and produce adequate amounts of clean energy needed to meet the
    24  state's future needs for safe, affordable reliable power;
    25    (b)  it  is  vital that the state's investments in clean and renewable
    26  energy be protected and monitored through all stages of  development  to
    27  make  certain that they are effective in producing the intended results.
    28  The need for this protection has  grown  greater  due  to  the  enormous
    29  economic burden imposed on the state by the Covid-19 pandemic;
    30    (c)  one  of  the  areas  in  need  of  most  protection is the actual
    31  construction and operation  of  renewable  energy  projects,  especially
    32  large-scale  projects.  Because  the construction industry is inherently
    33  complex and challenging, the  delivery  of  projects,  especially  large
    34  capital construction projects, is fraught with numerous high-level risks
    35  that  stem  from  various  sources. These include but are not limited to
    36  project funding, financial resources and stability of project  partners,
    37  project  designs and specifications. Risks also include site conditions,
    38  equipment and material supply chains, and the experience,  capacity  and
    39  technical  qualifications  of  developers,  contractors  and craft labor
    40  personnel used for a given project;
    41    (d) ensuring the sufficient supply of properly trained  and  qualified
    42  craft  labor personnel is vital to the protection of state interests and
    43  investments in the renewable  energy  sector.  Large-scale  construction
    44  projects  are  both labor intensive and inherently dangerous operations.
    45  The timely, successful delivery of these projects  is  critical  to  the
    46  delivery  of  safe  and  reliable power to consumers. Thus, the safe and
    47  successful completion of these projects necessitates  a  highly  skilled
    48  workforce. It is critical that the state support the development of this
    49  workforce,  as  the  construction  industry generally is facing the most
    50  acute, widespread skill shortage in  craft  labor  personnel  in  modern
    51  times.  This  shortage  can  cause  various  types  of project failures,
    52  including major schedule delays, cost-overruns, increased  safety  inci-
    53  dents, or other serious problems;
    54    (e)  while  many  aspects  of  construction project planning cannot be
    55  controlled, ensuring the  adequate  supply  of  properly  trained  craft
    56  personnel  can  be effectively managed through the use of labor perform-

        A. 6967                             5
 
     1  ance tools  and  policies.  Key  labor  performance  provisions  include
     2  prevailing  wage  requirements, project labor agreements and responsible
     3  contractor provisions. These policies, in use in New York and throughout
     4  the country, are shown to be effective at protecting capital investments
     5  and the proprietary interests of investors. These tools also help ensure
     6  that  adequate  numbers  of  skilled  craft  personnel  are  deployed to
     7  projects in a timely manner and that the most highly qualified  contrac-
     8  tors  will  be  attracted to such projects. These tools also protect the
     9  wage rates of local communities, promote adherence to required licensing
    10  and technical certifications, and maintain labor peace  on  projects  to
    11  avoid disruptions and protect project delivery;
    12    (f)   project   labor  agreements  promote  the  planning  and  timely
    13  completion of construction projects, especially larger  scale  projects,
    14  by  establishing  pre-determined  and  uniform  employment  terms.  This
    15  ensures an adequate supply of properly trained craft personnel,  creates
    16  stability for project planning and prevents labor disruptions. Responsi-
    17  ble  contractor policies help ensure that contractors and subcontractors
    18  used for projects are reputable, qualified firms  that  have  sufficient
    19  resources  and  capabilities  needed  to  perform the work successfully.
    20  Prevailing wage requirements protect local area wage  rates  from  being
    21  undermined; and
    22    (g)  project  labor agreements, responsible contracting and prevailing
    23  wage requirements  also  produce  valuable  socio-economic  benefits  by
    24  creating  quality  middle class jobs and skill training opportunities in
    25  New York's construction industry. Utilizing these policies will  develop
    26  a  new generation of craft labor personnel, create jobs in the state and
    27  foster economic development in communities where projects are located.
    28    15. It is in the interest of the  state  to  strengthen,  monitor  and
    29  enforce  prevailing  wages,  project  labor  agreements  and responsible
    30  contracting. While prevailing wage requirements are already required for
    31  some renewable energy projects, these requirements should  be  strength-
    32  ened  and used in coordination with the additional labor and performance
    33  standards established in this act.
    34    16. The severity of current climate change and  the  threat  of  addi-
    35  tional and more severe change will be affected by the actions undertaken
    36  by  New York and other jurisdictions to reduce greenhouse gas emissions.
    37  According to the U.S. Global Change Research Program and  the  Intergov-
    38  ernmental  Panel  on Climate Change substantial reductions in greenhouse
    39  gas emissions will be required by mid-century in order to  limit  global
    40  warming  to  no  more  than 2°C and ideally 1.5°C, and thus minimize the
    41  risk of severe impacts from climate change. Specifically, industrialized
    42  countries must reduce their greenhouse gas  emissions  by  at  least  80
    43  percent  below  1990 levels by 2050 in order to stabilize carbon dioxide
    44  equivalent concentrations at 450 parts per million--the  level  required
    45  to stay within the 2°C target.
    46    17.  In  2019,  New York state demonstrated national and international
    47  leadership on climate by enacting the Climate Leadership  and  Community
    48  Protection  Act  ("CLCPA"), the nation's most aggressive climate law and
    49  the nation's only climate law that provides for a just  transition.  The
    50  CLCPA  created  a  comprehensive regulatory program to reduce greenhouse
    51  gas emissions from all anthropogenic sources 100% over  1990  levels  by
    52  the  year  2050,  with  an  incremental  target of at least a 40 percent
    53  reduction in climate pollution by the year 2030, and requires investment
    54  in and protection of disadvantaged communities. To meet the goals of the
    55  CLCPA, the state will  need  to  transform  its  energy  infrastructure,
    56  including  the  rapid  and significant deployment of clean and renewable

        A. 6967                             6
 
     1  energy. It is in the interest  of  the  state  to  promote  and  provide
     2  resources  towards  the  development  and  maintenance  of  clean energy
     3  infrastructure.
     4    18.  By  exercising  a  global leadership role on greenhouse gas miti-
     5  gation and climate change adaptation, New York will continue to position
     6  its economy, technology centers, financial institutions, and  businesses
     7  to  benefit  from  national and international efforts to address climate
     8  change. Action undertaken by New York  to  reduce  greenhouse  emissions
     9  will  have  an impact on global greenhouse gas emissions and the rate of
    10  climate change. In addition, such action will encourage other  jurisdic-
    11  tions to implement complementary greenhouse gas reduction strategies and
    12  provide  an  example  of how such strategies can be implemented. It will
    13  also advance the development of green technologies and sustainable prac-
    14  tices within the private sector, which  can  have  far-reaching  impacts
    15  such  as a reduction in the cost of renewable energy components, and the
    16  creation of jobs and tax revenues in New York.
    17    19. It is in the interest of New York to take rapid action  to  reduce
    18  greenhouse  gas emissions and transition to a just clean energy economy.
    19  Such actions include:
    20    (a) raising new, dedicated revenue specifically for climate programs;
    21    (b) investing in clean and renewable  energy  infrastructure  such  as
    22  solar  energy, offshore wind, grid storage technologies and energy effi-
    23  ciency;
    24    (c) rapidly transitioning to zero-emission transportation,  especially
    25  zero-emission school and transit buses, to reduce adverse health impacts
    26  for  children, workers, and communities, and improve grid resilience and
    27  renewable energy reliance;
    28    (d) prioritizing funding for locally driven projects to  reduce  emis-
    29  sions  and  increase resiliency, especially in disadvantaged communities
    30  that are most impacted by climate change and air pollution;
    31    (e) creating quality employment opportunities for all New  Yorkers  in
    32  the  transition  to  a  just clean economy and ensuring the full partic-
    33  ipation and prioritization of disadvantaged communities; and
    34    (f) ensuring workers and communities currently reliant on  the  fossil
    35  fuel industry are given resources to avoid adverse economic impacts.
    36    20.  There  is  currently  no state entity that is wholly dedicated to
    37  achieving the outcomes of the CLCPA. Without adequately  devoting  state
    38  resources  and personnel, the outlined emissions reductions and electri-
    39  fication goals will not be realized in the target timeframe.    Pursuant
    40  to  the  CLCPA, the state has less than 30 years to fully transition the
    41  10th largest economy in the world to one that is fossil fuel  free,  and
    42  intentionally prioritize overburdened populations.  Reaching these goals
    43  will improve the health and well-being of the residents of the state and
    44  advance  the  state's  economic interests. It is also critical that best
    45  value procurement requirements are established within the  authority  to
    46  optimize  the  solicitation,  evaluation  and  award of renewable energy
    47  projects assisted by the state.
    48    21. It is in the interest  of  the  state  to  establish  a  dedicated
    49  authority to ensure that New York's climate goals are accomplished. Such
    50  an authority would be able to nimbly manage the proceeds from a polluter
    51  fee which will amass significant revenue and require ongoing management.
    52  This  authority  would  also  disburse  funds for clean energy community
    53  scale projects in a timely and efficient  manner  while  employing  best
    54  value procurement practices. In addition, a new authority would have the
    55  capacity  to  ensure  prioritization  of projects and funds for impacted
    56  communities, coordinate statewide  emissions  reduction  strategies  and

        A. 6967                             7
 
     1  assist  impacted  workers in a transition away from fossil fuels through
     2  specialized assistance programs.
     3    22.  This  legislation will build upon the developments outlined above
     4  by creating a comprehensive program for pricing greenhouse gas emissions
     5  and investing in a just transition to a low-carbon New York state econo-
     6  my, in accordance with the targets established in the CLCPA.
     7    § 3. Article 19 of the environmental conservation law  is  amended  by
     8  adding a new title 13 to read as follows:
     9                                  TITLE 13
    10                  VALUE OF POLLUTION AND MITIGATION PROGRAM
    11  Section 19-1301. Definitions.
    12          19-1303. Methodology and valuation of pollution price index.
    13          19-1305. Implementation of fees.
    14          19-1307. Allocation of revenues.
    15          19-1309. Inventory.
    16          19-1311. Transportation pollution.
    17          19-1313. Reporting.
    18  § 19-1301. Definitions.
    19    For  the  purposes  of  this title, the following terms shall have the
    20  following meanings:
    21    1. "The Act" shall have the same meaning as in  subdivision  eight  of
    22  section 19-0107 of this article.
    23    2.  "The authority" means the climate and community investment author-
    24  ity created under the public authorities law.
    25    3. "Comptroller" means the New York state comptroller.
    26    4. "Covered sources" means those sources of regulated air contaminants
    27  required  to  have  a permit under Title V of the Act (42 U.S.C. section
    28  7661 et seq).
    29    5. "Cumulative burdens" mean the adverse health impacts that accrue to
    30  individuals and population groups as a result of exposure  to  pollution
    31  over  time,  and  as a result of exposure to multiple forms of pollution
    32  and other risk  factors,  including  poverty,  violence,  and  substance
    33  abuse.
    34    6.  "Disadvantaged  communities"  shall  have  the  same meaning as in
    35  subdivision five of section 75-0101 of this chapter.
    36    7. "Downstate region" means the counties of Richmond,  Kings,  Queens,
    37  New York, Bronx, Westchester, Nassau and Suffolk.
    38    8.  "Emissions  hotspot" means a location where emissions of regulated
    39  air contaminants from specific sources may expose individuals and  popu-
    40  lation  groups  to  elevated  risks  of  adverse  health effects and may
    41  contribute to the cumulative health risks of emissions from other sourc-
    42  es in the area.
    43    9. "Emissions leakage" means an increase in emissions outside  of  the
    44  state,  as  a  result  of, or in correlation with, the implementation of
    45  measures within the state to limit such emissions.
    46    10. "Greenhouse gas" means carbon  dioxide,  methane,  nitrous  oxide,
    47  hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, and any other
    48  substance  emitted  into  the  air that may be reasonably anticipated to
    49  cause or contribute to anthropogenic climate change, with the  exception
    50  of agricultural emissions from livestock.
    51    11.  "Regulated  air  contaminant"  shall  have the same meaning as in
    52  subdivision twenty-two of section 19-0107 of this article.
    53    12. "President" means the  president  of  the  climate  and  community
    54  investment authority.

        A. 6967                             8
 
     1    13. "Social cost of pollution" means the cost to New York residents of
     2  emitting  one  ton, or another unit of measurement deemed appropriate by
     3  the authority, of a given regulated air contaminant.
     4    14.  "Upstate  region"  means  all  New York state counties other than
     5  Nassau, Suffolk, Richmond, Kings, Queens, New York, Bronx and  Westches-
     6  ter.
     7    15.  "Working  group"  means  the climate justice working group estab-
     8  lished under section 75-0111 of this chapter.
     9  § 19-1303. Methodology and valuation of pollution price index.
    10    1. Not later than one year after the effective date of this title, the
    11  authority, in coordination with the department, shall publish  an  index
    12  that  lists  the  social cost of pollution for all regulated air contam-
    13  inants, or appropriate sub-grouping  thereof.  At  the  same  time,  the
    14  authority shall publish a methodology for determining the social cost of
    15  pollution  for each regulated air contaminant, or appropriate sub-group-
    16  ing thereof. In determining the social cost of  pollution  for  a  given
    17  regulated air contaminant, the authority shall consider, at a minimum:
    18    (a)  public  health  impacts,  including but not limited to:   loss of
    19  life, loss of welfare, and employment impacts;
    20    (b) impacts to public and  private  property,  including  agricultural
    21  property;
    22    (c)  impacts  to  ecosystems  and the ability of ecosystems to provide
    23  ecosystem services; and
    24    (d) the full life-cycle of impacts.
    25    2. If the authority, in coordination with the department, demonstrates
    26  that it is not administratively feasible in the time allotted in  subdi-
    27  vision one of this section to complete a methodology for each individual
    28  regulated air contaminant, or appropriate sub-grouping thereof, then the
    29  authority  may delay the completion of methodologies for some portion of
    30  regulated air contaminants for future rule-makings, provided that:
    31    (a) in the first publication  of  such  methodologies,  the  authority
    32  completes  a  methodology,  pursuant to subdivision one of this section,
    33  for each of the following pollutants:
    34    (i) oxides of nitrogen;
    35    (ii) volatile organic compounds;
    36    (iii) sulfur dioxide;
    37    (iv) particulate matter;
    38    (v) carbon monoxide; and
    39    (vi) lead;
    40    (b) in the first publication  of  such  methodologies,  the  authority
    41  completes  a  methodology,  pursuant to subdivision one of this section,
    42  for each of the air contaminants listed under section 112 of the Act (42
    43  USC section 7412) that the authority finds to be most damaging to public
    44  health in New York, of all air contaminants listed under such section;
    45    (c) the authority demonstrates and publishes, along with the  publica-
    46  tion of methodologies described under subdivision one of this section, a
    47  description  of  why  it  is  not  administratively feasible in the time
    48  allotted in subdivision one of this section to complete  a  methodology,
    49  for each individual regulated air contaminant, or appropriate sub-group-
    50  ing thereof; and
    51    (d)  the  authority  subsequently  publishes  at least five additional
    52  methodologies per year, until that date when each regulated air  contam-
    53  inant,  or  appropriate sub-grouping thereof, has a complete methodology
    54  ascribed to it.
    55  § 19-1305. Implementation of fees.

        A. 6967                             9
 
     1    1. Not later than two years after the effective date  of  this  title,
     2  the  authority  shall institute a system of compliance fees that reflect
     3  the index established under section 19-1303 of this title.  All  covered
     4  sources  shall be required to pay the fee for each regulated air contam-
     5  inant emitted.
     6    2.  Notwithstanding  any inconsistent provisions of the state adminis-
     7  trative procedure act, such fee shall be established as a rule by publi-
     8  cation in the environmental notice bulletin no later  than  thirty  days
     9  after  the budget bills making appropriations for the support of govern-
    10  ment are enacted or July first, whichever is later, of the year such fee
    11  will be effective.
    12    3. Bills issued for the fee shall be based on actual emissions for the
    13  prior calendar year, as demonstrated to the authority's satisfaction, or
    14  in the absence of such demonstration, on permitted emissions, or,  where
    15  there is no applicable permit, on potential to emit. Persons required to
    16  submit  an emissions statement to the authority shall use such statement
    17  to demonstrate actual emissions under this section.
    18    4. Any person required to pay fees imposed pursuant  to  this  section
    19  may  elect  to  base  such  fees on the level of permitted emissions set
    20  forth in a permit, certificate or approval issued  pursuant  to  section
    21  19-0311 of this article.
    22    5.  If  a  city or county is delegated the authority to administer the
    23  operating permit program established pursuant to section 19-0311 of this
    24  article, it may collect the fees established pursuant  to  this  section
    25  and no additional liability for fees under this section shall accrue for
    26  any such source.
    27  § 19-1307. Allocation of revenues.
    28    1.  The  comptroller  and authority shall establish a trust fund to be
    29  known as the "value of pollution and mitigation program fund",  consist-
    30  ing  of  such amounts as may be appropriated or credited to such fund as
    31  provided in this section.
    32    2.  (a) Funds received under this title shall be allocated  according-
    33  ly:
    34    (i)  forty  percent  of  funds  shall  go to the environmental justice
    35  office of the authority;
    36    (ii) twenty percent of funds shall  go  to  expanding,  operating  and
    37  maintaining  the  New  York state Title V emissions inventory within the
    38  department;
    39    (iii) twenty percent of funds shall go  to  expanding,  operating  and
    40  maintaining  air quality monitoring, including ambient air quality moni-
    41  toring and point source monitoring within the department; and
    42    (iv) twenty percent of funds shall be allocated at the  discretion  of
    43  the authority, based on the needs of the authority.
    44    No funds shall be allocated to fund police, prisons or related infras-
    45  tructure.
    46    (b) The value of pollution and mitigation program fund shall be admin-
    47  istered by the authority.
    48  § 19-1309. Inventory.
    49    Not later than eighteen months after the effective date of this title,
    50  the  authority  shall update and publish the inventory of emissions from
    51  Title V sources to:
    52    1. assess the extent to which given regulated air contaminants,  espe-
    53  cially  air  contaminants  that  have highly adverse health impacts, are
    54  co-emitted with greenhouse gas emissions;

        A. 6967                            10
 
     1    2. assess the extent to which regulated  air  contaminants  that  have
     2  especially  adverse health impacts are likely to be reduced over time as
     3  a result of:
     4    (a)  the  fee  established  in section three thousand forty of the tax
     5  law; and
     6    (b) the investment programs established in  title  nine-C  of  article
     7  eight of the public authorities law;
     8    3.  identify  and  analyze  emissions hotspots and cumulative burdens,
     9  pertaining to regulated air contaminants in order  to  prioritize  emis-
    10  sions reductions in these areas;
    11    4.  assess  emissions  and pollution-related health impacts associated
    12  with the transportation sector; and
    13    5. make the Title V emissions inventory more accessible to the  public
    14  including,  but  not  limited  to,  taking action to release the related
    15  data, analysis and assumptions of agency websites.
    16  § 19-1311.  Transportation pollution.
    17    1. Not later than one year after the effective date of this title, the
    18  commissioner, in consultation with  the  authority,  shall  prepare  and
    19  approve  a  scoping  plan  outlining the authority's recommendations for
    20  accelerating the reduction of regulated  air  contaminants  from  mobile
    21  sources.
    22    2.  The draft scoping plan shall be developed in consultation with the
    23  working group and other stakeholders.
    24    (a) The authority shall provide meaningful  opportunities  for  public
    25  comment  from  all  persons  who will be impacted by the plan, including
    26  persons living in disadvantaged communities.
    27    (b) On or before one year after the effective date of this title,  the
    28  authority  shall  submit  the  final  scoping  plan to the governor, the
    29  speaker of the assembly and the temporary president of  the  senate  and
    30  post such plan on its website.
    31    3. The measures and actions considered in such scoping plan shall at a
    32  minimum include:
    33    (a)  performance-based  standards  for mobile sources of regulated air
    34  contaminants;
    35    (b) market-based mechanisms to reduce emissions from  mobile  sources,
    36  including:
    37    (i) the imposition of fees per unit of regulated air contaminant;
    38    (ii) a zoned surcharge system on trucking and ports; and
    39    (iii) congestion pricing;
    40    (c)  the  creation  of  low emission zones and the policies to promote
    41  zero-emission and low-emission  transportation  options,  including  the
    42  electrification of port facilities and freight transportation; and
    43    (d)  land-use  and  transportation planning measures aimed at reducing
    44  emissions from mobile sources.
    45    4. No later than three years after the effective date of  this  title,
    46  the  authority, after public workshops and consultation with the working
    47  group, representatives of regulated entities,  and  other  stakeholders,
    48  and  not less than two public hearings, shall promulgate rules and regu-
    49  lations to accelerate the reduction of regulated air  contaminants  from
    50  mobile sources.
    51    (a)  The  regulations  promulgated  by  the authority pursuant to this
    52  subdivision may include legally enforceable emissions  limits,  perform-
    53  ance  standards,  market-based  mechanisms or measures or other require-
    54  ments to control regulated air contaminant emissions from mobile  sourc-
    55  es.  The  authority  is hereby authorized to establish any such policies
    56  pursuant to this section.

        A. 6967                            11
 
     1    (b) In promulgating these regulations, the authority shall:
     2    (i)  design and implement all regulations in a manner that seeks to be
     3  equitable, to minimize costs and to maximize the total benefits  to  the
     4  state;
     5    (ii) ensure that emissions reductions achieved are real, quantifiable,
     6  verifiable, and enforceable by the authority;
     7    (iii) ensure that activities undertaken to comply with the regulations
     8  do not disproportionately burden disadvantaged communities;
     9    (iv)  prioritize  measures  to maximize net reductions of emissions in
    10  disadvantaged communities;
    11    (v) prioritize measures that encourage early action  to  reduce  emis-
    12  sions; and
    13    (vi) minimize emissions leakage.
    14    5.  If  any  of  the policies implemented by the authority pursuant to
    15  this section generate state revenue, the authority shall ensure that, at
    16  a minimum, forty percent of any funds collected are invested in a manner
    17  which  will  benefit  disadvantaged  communities,  consistent  with  the
    18  purposes  of  this  title.  The authority shall consult with the working
    19  group in developing and carrying out such investments.
    20  § 19-1313. Reporting.
    21    1. Not later than three years following the  effective  date  of  this
    22  title,  and  every  two  years thereafter, the authority, in partnership
    23  with the working group, shall produce a report on the implementation  of
    24  the  policies  established  under this title. Such report shall include,
    25  but not be limited to:
    26    (a) the effectiveness of the fees established in  section  19-1305  of
    27  this  title  to  reduce  regulated air contaminants statewide and within
    28  geographic subdivisions of the state;
    29    (b) the  effectiveness  of  the  policies  established  under  section
    30  19-1311  of  this title to reduce regulated air contaminants from mobile
    31  sources statewide and within geographic subdivisions of the state;
    32    (c) an overview of social benefits from the regulations or other meas-
    33  ures established pursuant to this title, including reductions  in  regu-
    34  lated  air contaminants, and other benefits to the economy, environment,
    35  and public health, including but not limited to  the  health  of  women,
    36  youth  and children and a detailed analysis of the benefits to disadvan-
    37  taged communities;
    38    (d) an overview of compliance costs for regulated entities;
    39    (e) an overview of administrative costs for the  authority  and  other
    40  state agencies;
    41    (f) whether the fees established in this title are equitable, minimize
    42  costs and maximize the total benefits to the state;
    43    (g)  recommendations  as  to changes that should be made to any policy
    44  promulgated pursuant to this title,  including  the  methodology  estab-
    45  lished  under  section  19-1303 of this title, and the implementation of
    46  the fees established under section 19-1305 of this title; and
    47    (h) recommendations for future regulatory actions pertaining to reduc-
    48  ing regulated air contaminants from mobile and stationary sources.
    49    2. Before finalizing the report described in subdivision one  of  this
    50  section,  the  authority shall ensure that there are meaningful opportu-
    51  nities for public participation, including by:
    52    (a) allowing at least one hundred twenty days for  the  submission  of
    53  public comment, following the date of the publication of a draft report;
    54  and
    55    (b)  holding  at  least  four  regional public hearings, including two
    56  meetings in the upstate region and two meetings in the downstate region,

        A. 6967                            12
 
     1  with emphasis on maximizing participation and accessibility for  members
     2  of disadvantaged communities.
     3    3.  The final report shall be submitted to the governor, the temporary
     4  president of the senate, the speaker of the assembly, the minority lead-
     5  er of the senate and the minority leader of the assembly, and  shall  be
     6  posted on the website of the department.
     7    §  4. The executive law is amended by adding a new section 184 to read
     8  as follows:
     9    § 184. Diversion of funds dedicated to climate and  community  invest-
    10  ment  to  the  general  fund  of  the  state or to any other purpose, is
    11  prohibited.  1. For the purposes of this section, the term "climate  and
    12  community  investment" shall mean any public benefit corporation consti-
    13  tuting a climate and community investment authority  which  provides  or
    14  contracts  for  the  provision of climate and community investment, or a
    15  subsidiary thereof, or any county or city which  provides  or  contracts
    16  for the provision of, pursuant to title nine-C of the public authorities
    17  law.
    18    2.  The  director  of  the  budget  shall be prohibited from diverting
    19  revenues derived from fees paid by the public into any fund  created  by
    20  law including but not limited to article forty-two of the tax law, arti-
    21  cle forty-three of the tax law, and article eight-B of the labor law for
    22  the purpose of funding climate and community investment into the general
    23  fund  of  the state or into any other fund maintained for the support of
    24  another governmental purpose. No diversion of funds can  occur  contrary
    25  to  this  section by an administrative act of the director of the budget
    26  or any other person in the executive branch.
    27    3. If any diversion of funds occurs by passage of legislation during a
    28  regular or extraordinary session of the legislature, the director of the
    29  budget shall create and include with the budget or legislation diverting
    30  funds, a diversion impact statement which shall  include  the  following
    31  information:
    32    (a)  the  amount of the diversion from dedicated climate and community
    33  investment funds;
    34    (b) the amount diverted from each fund;
    35    (c) the cumulative amount of  diversion  from  dedicated  climate  and
    36  community investment funds during the preceding five years;
    37    (d) the date or dates when the diversion is to occur; and
    38    (e)  a  detailed  estimate  of  the impact of diversion from dedicated
    39  climate and  community  investment,  including  any  impact  on  climate
    40  infrastructure development, just transition, worker and community assur-
    41  ance,  energy  rebates,  maintenance,  security, and the current capital
    42  program.
    43    4. The state comptroller shall report on  the  receipt  of  all  funds
    44  collected pursuant to the climate and community investment act in exist-
    45  ing  cash basis reports, and the spending of any fund collected or spent
    46  pursuant to such act by  the  authority  in  its  existing  transparency
    47  report  as  well as if consideration is given to moving such funds on or
    48  off budget.
    49    § 5. The labor law is amended by adding a new article 8-B to  read  as
    50  follows:
    51                                  ARTICLE 8-B
    52            RESPONSIBLE CONTRACTING, LABOR AND JOB STANDARDS AND
    53                              WORKER PROTECTION
    54  Section 228.   Definitions.
    55          229.   Labor and project performance standards.

        A. 6967                            13
 
     1          229-a. Best  value requirements for the solicitation, evaluation
     2                 and award of renewable energy projects, energy efficiency
     3                 projects and other construction projects undertaken  with
     4                 support from the authority or receiving state assistance.
     5          229-b. Best   value   requirements   for  all  work  other  than
     6                 construction.
     7    § 228. Definitions. For the purposes  of  this  title,  the  following
     8  terms shall have the following meanings:
     9    1. "The Act" shall mean the "climate and community investment act".
    10    2.  "The  authority"  shall  mean the climate and community investment
    11  authority created under the public authorities law.
    12    3. "Climate and community investment" shall mean  any  public  benefit
    13  corporation  constituting  a  climate and community investment authority
    14  which provides or contracts for the provision of climate  and  community
    15  investment,  or  a  subsidiary  thereof,  or  any  county  or city which
    16  provides or contracts for the provision of, pursuant to title nine-C  of
    17  the public authorities law.
    18    4.  "Director"  means  the director of an office appointed under para-
    19  graph (b) of subdivision seven of section twenty-seven  hundred  ninety-
    20  nine-uuuu of the public authorities law.
    21    5.  "Labor  organization"  means  any organization which exists and is
    22  constituted for the purpose, in whole or in part, of collective bargain-
    23  ing, or of dealing with employers concerning grievances, terms or condi-
    24  tions of employment, or of other mutual aid or protection and  which  is
    25  not  a  company  union.  This  includes, but is not limited to bona fide
    26  labor organizations that are certified or recognized as the organization
    27  of jurisdiction representing  the  workers  involved  and/or  bona  fide
    28  building  and  construction trades councils and/or district councils and
    29  state and local labor federations comprised of local unions certified or
    30  recognized as the representative of the workers.
    31    6. "Neutrality policy/agreement" shall  mean  a  policy  or  agreement
    32  wherein an employer remains neutral in a union organizing drive and does
    33  not  actively oppose union efforts to gain majority support of the rele-
    34  vant employees of the employer.
    35    7. "President" means  the  president  of  the  climate  and  community
    36  investment authority.
    37    8. "Project labor agreement" or "PLA" shall mean a pre-hire collective
    38  bargaining agreement between a construction industry employer and a bona
    39  fide building and construction trade labor organization representing all
    40  construction  trades  that  will  perform  work  on  a  project and that
    41  provides only contractors and subcontractors who agree  to  comply  with
    42  the PLA shall be eligible to perform work on the project.
    43    § 229. Labor and project performance standards. The following require-
    44  ments shall apply to any projects assisted under the Act:
    45    1.  Construction  - project labor agreement. A project labor agreement
    46  for purposes of this section is a pre-hire collective bargaining  agree-
    47  ment  with  labor organizations in the construction industry that estab-
    48  lishes  the  terms  and  conditions  of  employment   for   a   specific
    49  construction project and is an agreement described in 29 U.S.C. 158(F).
    50    2.  Execution  of  project  labor  agreement. The party which receives
    51  assistance from the state for a renewable energy project,  energy  effi-
    52  ciency  project, other construction project undertaken with support from
    53  the authority, or receiving state assistance shall  take  the  necessary
    54  contractual actions to ensure that a project labor agreement is executed
    55  between   the   general  contractor  or  other  entity  responsible  for
    56  construction  of  the  assisted  project  and  bona  fide  building  and

        A. 6967                            14
 
     1  construction  trade  councils that have the capability to supply skilled
     2  craft personnel in all crafts needed for the project in the  area  where
     3  the project is located.
     4    3.  Terms  of  project  labor  agreement.  A  project  labor agreement
     5  executed for purposes  of  this  section  shall  include  the  necessary
     6  provisions to:
     7    (a) bind all contractors and subcontractors on the assisted project to
     8  the  project  labor agreement through the inclusion of appropriate spec-
     9  ifications in all relevant solicitation provisions  and  contract  docu-
    10  ments;
    11    (b)  allow all contractors and subcontractors to compete for contracts
    12  and subcontracts on the project  without  regard  to  whether  they  are
    13  otherwise parties to collective bargaining agreements;
    14    (c)  establish  uniform  terms  and  conditions  of employment for all
    15  construction craft labor employed on the projects;
    16    (d) contain guarantees against  strikes,  lockouts,  and  similar  job
    17  disruptions;
    18    (e)  set  forth effective, prompt, and mutually binding procedures for
    19  resolving labor disputes arising during the project labor agreement; and
    20    (f) include any other provisions as negotiated by the  parties  needed
    21  to promote successful delivery of the assisted project.
    22    4.  Penalties  and sanctions. The failure of a party receiving assist-
    23  ance under the Act to ensure compliance with the  requirements  of  this
    24  section  shall constitute a material breach of the agreement under which
    25  assistance is provided and shall permit the state to  impose  applicable
    26  penalties and sanctions for conduct constituting non-compliance, includ-
    27  ing  but  not  limited  to  revocation  of all or part of the assistance
    28  provided by the state.
    29    5. Responsible  contractor  requirements.  The  party  which  receives
    30  assistance  from  the state for a renewable energy project, energy effi-
    31  ciency project, or other construction project  undertaken  with  support
    32  from  the  authority  shall  take  the  necessary contractual actions to
    33  ensure each contractor and subcontractor involved in the construction of
    34  the assisted project completes a sworn certification that the firm:
    35    (a) has the necessary resources to perform the portion of the assisted
    36  project to which they are assigned, including the  necessary  technical,
    37  financial, and personnel resources;
    38    (b)  has  all  required  contractor,  specialty  contractor  or  trade
    39  licenses, certifications or certificates required of any business entity
    40  or individual by applicable state or local law;
    41    (c) participates in an apprenticeship training program for each  trade
    42  in  which  it employs craft workers that is registered with and approved
    43  by the U.S. department of labor or a  state  apprenticeship  agency  and
    44  shall provide proof within seven days of a request from the authority or
    45  any authority or agency that its program is actively training employees,
    46  has functioning training facilities, and is regularly graduating appren-
    47  tices  to  journey  person  status,  and  such apprentices are placed in
    48  employment,  hereinafter  referred  to  as   "class   A   apprenticeship
    49  programs";
    50    (d) in the past three years:
    51    (i) has not been debarred by any government agency;
    52    (ii) has not defaulted on any project;
    53    (iii)  has  not  had  any  license,  certification or other credential
    54  relating to the business revoked or suspended;
    55    (iv) has not been found in violation of  any  law  applicable  to  its
    56  business  that  resulted  in the payment of a fine, back pay damages, or

        A. 6967                            15
 
     1  any other type of penalty in the amount of ten thousand dollars or more;
     2  will pay craft personnel employed on the  project,  at  a  minimum,  the
     3  applicable wage and fringe benefit rates for the classification in which
     4  the  worker is employed in accordance with applicable required rates for
     5  the project; and
     6    (e) will not misclassify craft labor employees as independent contrac-
     7  tors.
     8    6. Contractor responsibility  certifications  executed  in  accordance
     9  with this article:
    10    (a)  shall  be  submitted to the authority and the department at least
    11  thirty days prior to commencement of construction  of  a  state-assisted
    12  project; and
    13    (b)  shall  constitute  public documents which shall be made available
    14  without redaction on a publicly available website within seven  days  of
    15  being submitted to the authority and the department.
    16    7.  Fraudulent  certifications. A responsible contractor certification
    17  containing false, misleading, or  inaccurate  information  shall,  after
    18  notice  and  opportunity  to  be heard, subject the firm to a three-year
    19  debarment from future public and publicly assisted  projects  and  other
    20  applicable penalties and sanctions.
    21    8.  Penalties  and sanctions. The failure of a party receiving assist-
    22  ance under the Act to ensure compliance with the  requirements  of  this
    23  article  shall constitute a material breach of the agreement under which
    24  assistance is provided and shall permit the state to  impose  applicable
    25  penalties and sanctions for conduct constituting non-compliance, includ-
    26  ing  but  not  limited  to  revocation  of part or all of the assistance
    27  provided by the state.
    28    9. Prevailing wage rates. Contractors and subcontractors  on  assisted
    29  projects  shall  pay  construction  craft employees on the project, at a
    30  minimum, the applicable prevailing wage and fringe benefit rates for the
    31  appropriate classification  in  which  the  worker  is  employed.  Firms
    32  engaged  in  the construction of an assisted project shall be subject to
    33  all reporting, and compliance requirements  of  article  eight  of  this
    34  chapter. Violations of prevailing wage requirements on assisted projects
    35  shall  be  subject to penalties and sanctions applicable to public works
    36  projects.
    37    10. Prevailing wage exception. Prevailing wage requirements under  the
    38  Act shall not apply to assisted projects covered by project labor agree-
    39  ments.
    40    §  229-a. Best value requirements for the solicitation, evaluation and
    41  award of renewable energy projects, energy  efficiency  projects,  other
    42  construction  projects  undertaken  with  support  from the authority or
    43  receiving state assistance. 1. Purpose. The purpose of this  section  is
    44  to  establish  best  value requirements for the solicitation, evaluation
    45  and award of renewable energy projects, energy efficiency projects,  and
    46  other  construction projects undertaken with support from the authority,
    47  or assisted by the state, including those assisted by the Act.
    48    2. Definitions. For purposes of  this  section,  the  following  terms
    49  shall be defined as follows:
    50    (a)  "agency" means the New York state energy research and development
    51  authority or any other state department or agency that provides  assist-
    52  ance to covered projects.
    53    (b)  "best  value" shall be given the meaning specified in paragraph j
    54  of subdivision one of section  one  hundred  sixty-three  of  the  state
    55  finance law.

        A. 6967                            16
 
     1    (c)  "contracting  team" means the lead contractor and project subcon-
     2  tractors.
     3    (d)  "covered  projects"  means projects designed to provide renewable
     4  energy, as defined in  paragraph  (b)  of  subdivision  one  of  section
     5  sixty-six-p  of  the  public  service law, which are eligible to receive
     6  energy credits or other forms of assistance from the state.
     7    (e) "offeror" means the project owner, developer or other entity which
     8  seeks to propose a renewable energy project, energy efficiency  project,
     9  other  construction  project undertaken with support from the authority,
    10  or receiving state assistance and  obtain  renewable  energy  credit  or
    11  other assistance from the state.
    12    (f)  "lead  contractor"  means  the  general  contractor, construction
    13  manager or other prime contractor which is contracted by the offeror  to
    14  build a covered project.
    15    (g)  "project  team" means the lead contractors and all subcontractors
    16  proposed for the project.
    17    3. Solicitation requirements for covered projects. Solicitations  used
    18  to  provide  state  assistance  to  covered  projects  shall utilize the
    19  following procedures:
    20    (a) solicitations shall be designed to ensure best value  results  for
    21  the state by:
    22    (i)  permitting  project  proposals  for  any type of viable renewable
    23  energy source; and
    24    (ii) promoting maximum competition among qualified offerors presenting
    25  proposals.
    26    (b) solicitations shall be administered through a public  request  for
    27  proposals  process  that  provides  adequate  notice,  instructions  for
    28  submitting proposals and other relevant information as determined by the
    29  agency.
    30    (c) requests for proposals shall  require  sealed  proposals  from  an
    31  offeror, which include:
    32    (i)  proposed  project, including type, viability and projected amount
    33  of energy, project plan and schedule.
    34    (ii) the qualifications, resources and  capabilities  of  the  offeror
    35  and, the project team to be used on the project.
    36    (d) the agency shall approve the project that provides the best value,
    37  considering the viability and benefits of the proposed project and qual-
    38  ifications of the offeror and project team.
    39    4.  Request  for  proposals  process.  Requests for proposals shall be
    40  administered in compliance with this section and additional instructions
    41  set forth in the solicitation and notice of requests for proposals:
    42    (a) the agency shall evaluate proposals on  the  basis  of  a  maximum
    43  point  scale. The proposal that attains the high score shall be selected
    44  for award. Proposals shall be scored only on the basis of the evaluation
    45  factors set forth in the request for proposals.
    46    (b) request for proposals shall include only factors  listed  in  this
    47  section and any additional factors or subfactors the agency deems neces-
    48  sary for achieving best value results for the state.
    49    (c)  in determining which proposal offers the best value to the state,
    50  the agency shall evaluate the following factors in accordance  with  the
    51  following criteria:
    52    (i) proposed project;
    53    (ii) offeror qualifications;
    54    (iii) project team qualifications;
    55    (iv) economically disadvantaged impact.

        A. 6967                            17
 
     1    5.  Project  selection.  The offeror that complies with the specifica-
     2  tions and requirements of the request for  proposals  and  receives  the
     3  highest maximum score shall be selected by the agency for project award.
     4    6.   Evaluation   of   proposed  project.  In  evaluating  competitive
     5  proposals, the agency shall evaluate the proposed project on the follow-
     6  ing factors:
     7    (a) projected amount of energy to be generated;
     8    (b) viability of the proposed energy source;
     9    (c) feasibility of the project plan and schedule;
    10    (d) qualifications of the project team.
    11    7. Evaluation of offeror's qualifications.  The  offeror's  qualifica-
    12  tions  shall  be  determined  by  an  evaluation of its past performance
    13  record, expertise and technical qualifications and  present  performance
    14  capabilities,  including  financial  resources  and  experience  of  the
    15  offeror's senior management and project team management.
    16    8. Evaluation of project team qualifications.  The  qualifications  of
    17  the  lead contractor and subcontractors shall be determined by an evalu-
    18  ation of the following subfactors:
    19    (a) past performance record: 30 points. Evaluation of  this  subfactor
    20  requires a review of past projects, including budget, schedule and safe-
    21  ty  data,  performance  evaluation  reports,  quality of workmanship and
    22  compliance with project specifications.
    23    (b) expertise and technical qualifications: 10 points.  Evaluation  of
    24  this  subfactor requires examination of the general and specific experi-
    25  ence in relevant market sectors and in projects similar to the  proposed
    26  project.
    27    (c)  performance  capabilities of management: 10 points. Evaluation of
    28  this subfactor requires examination of:
    29    (i) resources, including equipment and financial resources;
    30    (ii) experience of the senior management and project management of the
    31  lead contractor and subcontractors; and
    32    (d) performance capabilities of craft labor: 40 points. Evaluation  of
    33  craft labor personnel shall consider the use of:
    34    (i)  project  labor  agreements  as  a reliable source for ensuring an
    35  adequate supply of skilled craft labor in  all  trades  needed  for  the
    36  proposed project;
    37    (ii)  participation  in registered apprenticeship programs that have a
    38  track record of graduating apprentices for  at  least  three  years  and
    39  journeyperson;
    40    (iii) training programs used to provide training for up-grading skills
    41  or training for specialized skills; and
    42    (iv) training programs that provide safety training and certification,
    43  including, but not limited to OSHA 10 hour and 30 hour programs.
    44    9.  Prelisting  of subcontractors. The lead contractor shall provide a
    45  list in its proposals that identifies the names of  all  subcontractors,
    46  regardless  of tier, it proposes to use for the project and the scope of
    47  work and approximate percentage of the total project of each subcontrac-
    48  tor listed.
    49    10. Prequalification process. Requests for proposals may  be  preceded
    50  by  a  prequalification  stage  to require interested offerors to demon-
    51  strate that they have adequate minimum qualifications  and  sufficiently
    52  viable  project  proposals  to  qualify  to  compete  in  a  request for
    53  proposals process.
    54    11. Evaluation of economically  disadvantaged  impact.  Evaluation  of
    55  this  factor  shall  include  an  assessment  of the degree to which the

        A. 6967                            18
 
     1  project promotes opportunities to small, minority-owned  businesses  and
     2  workers in economically disadvantaged communities.
     3    12.  Project  evaluation  team.  Proposals  submitted  in  response to
     4  request for proposals under this section shall be evaluated by a techni-
     5  cal evaluation team that consists of no fewer than three persons  quali-
     6  fied to conduct such evaluations.
     7    13.  Audits  of  evaluation  process. Proposal evaluations pursuant to
     8  this section shall be subject  to  periodic  audits,  including  random,
     9  unannounced  audits  by  qualified  personnel appointed by the agency to
    10  ensure the evaluation process  is  conducted  in  accordance  with  this
    11  section and the requests for proposals.
    12    14.  Project performance evaluations. Project evaluation reports shall
    13  be prepared upon completion for projects that receive state  assistance.
    14  Project evaluation reports shall include information determined relevant
    15  by the agency but shall at a minimum include the following:
    16    (a)  the  amount  of  energy projected in the project proposal and the
    17  actual amount of energy the facility is capable of producing;
    18    (b) the proposed project completion date  and  the  actual  completion
    19  date; and
    20    (c) additional information as determined by the agency.
    21    § 229-b. Best value requirements for all work other than construction.
    22    1.  Purpose.  This section establishes best value requirements for the
    23  solicitation,  evaluation  and  award  of  renewable  energy  and  other
    24  projects assisted by the state, including those assisted by the Act. All
    25  investments  under  this  section shall utilize the following best value
    26  framework to evaluate bids for projects developed with these funds.  The
    27  best   value   framework  shall  provide  specially-defined  best  value
    28  contracting and labor provisions as options for any bidder responding to
    29  requests for proposals for renewable energy projects. Bids that  include
    30  responsive provisions can receive added credit to their bid scores.
    31    2.  Definitions.  For  purposes  of  this section, the following terms
    32  shall be defined as follows:
    33    (a) "awarding authority" shall mean the governmental unit empowered to
    34  request bids and enter into contracts  for  renewable  energy  projects,
    35  energy efficiency, and other projects other then the construction aspect
    36  of the project funded by this statute.
    37    (b)  "best-value  framework"  shall mean contracts and subcontracts on
    38  projects funded by the Act shall use a best-value framework to  consider
    39  the  quality,  cost and efficiency of offers when evaluating procurement
    40  contract proposals. Such framework  shall  reflect,  whenever  possible,
    41  objective  and  quantifiable analysis and identify a quantitative factor
    42  for offerors.
    43    (c) "contract" shall mean a direct agreement between a vendor and  the
    44  awarding authority for projects funded by the Act valued at five million
    45  dollars and over.
    46    (d)  "vendor"  shall  mean  a business entity entering into a contract
    47  with  the  awarding  authority  for  projects,  including  manufacturing
    48  projects, funded by the Act.
    49    (e) "subcontract" shall mean an agreement between a vendor and subven-
    50  dor  to  provide manufactured materials or perform additional work under
    51  the vendor.
    52    (f) "subvendor" shall mean a business entity entering into  a  subcon-
    53  tract  with  the vendor to provide manufactured materials for completion
    54  of a contract or perform additional work under the vendor.
    55    (g) "U.S. employment plan" (USEP) shall mean the plan which an  entity
    56  submitting  proposals  to  awarding  authorities  for  renewable  energy

        A. 6967                            19
 
     1  projects, energy efficiency, other projects other than the  construction
     2  aspect  of the project include in their proposal to receive extra credit
     3  and/or points as defined by the  applicable  awarding  authority.  If  a
     4  proposer  chooses  to submit a U.S. employment plan to win extra credit,
     5  the proposal shall include a worksheet with: proposed  wages,  benefits,
     6  retraining  and training, including a workforce training plan, completed
     7  by  the  proposer  and  the  potential  subvendors,  and   a   narrative
     8  description of the proposers' plan to:
     9    (i)  recruit  and  hire  individuals from zip codes with high rates of
    10  poverty unemployment, and chronic unemployment;
    11    (ii) give priority in any hiring of employees not currently or  previ-
    12  ously employed by the proposer and the suppliers of manufactured materi-
    13  als for the project to individuals with barriers to employment including
    14  people  who have been incarcerated, people with disabilities, and people
    15  who  have  been  traditionally  underrepresented  in  manufacturing   or
    16  construction employment, like women and minorities; and
    17    (iii) recruit from "disadvantaged workers" and "disadvantaged communi-
    18  ties" as defined by the Act and not detailed in this section.
    19    (h)  "local  employment  plan"  shall  mean  the  plan which an entity
    20  submitting  proposals  to  awarding  authorities  for  renewable  energy
    21  projects,  energy efficiency, other projects other than the construction
    22  aspect of the project include in their proposal to receive extra  credit
    23  and/or points as defined by the applicable awarding authority. The local
    24  employment  plan  will  apply  to work that is not financed with federal
    25  money. A proposer is required to submit a local employment plan  to  win
    26  extra  credit.  The  proposer  shall  include the same items in the U.S.
    27  employment plan as well as a plan:
    28    (i) to retain and create high-skilled local jobs; and
    29    (ii) to develop family-sustaining career pathways into the sector  for
    30  disadvantaged workers and disadvantaged communities in a specified local
    31  area.
    32    (i) "workforce training plan" means a plan to create permanent, trans-
    33  ferable skills for all new hires and retained employees under a contract
    34  proposal, which may:
    35    (i)  take advantage of publicly funded workforce development programs,
    36  an apprenticeship program registered with the department or a  federally
    37  recognized  state  apprenticeship  agency  and  that  complies  with the
    38  requirements under Parts 29 and 30 of title 29, code  of  federal  regu-
    39  lations; and
    40    (ii)  include  pre-apprenticeship commitments to provide training that
    41  helps participants in apprenticeship programs prepare for  and  success-
    42  fully complete their training.
    43    3.  Application  process. This section shall apply to all contracts as
    44  defined in this section.
    45    (a) in awarding contracts under  this  section,  awarding  authorities
    46  shall utilize the best-value framework for contracts.
    47    (b)  awarding  authorities  shall  develop a system for awarding extra
    48  points and/or credit for those proposers that create and submit a  local
    49  employment  plan  or  U.S. employment plan (depending on source of fund-
    50  ing).
    51    (c) final contracts with a local employment plan and/or  U.S.  employ-
    52  ment  plan  that are awarded under this section shall require vendors to
    53  submit quarterly reports within the  first  year  of  award  and  annual
    54  reports  for subsequent years demonstrating vendor and subvendor compli-
    55  ance with their local employment plan and/or U.S. employment plan. These
    56  quarterly and annual reports shall be certified under penalty of perjury

        A. 6967                            20
 
     1  and must be submitted in order to receive milestone payments  under  the
     2  contract.
     3    (d) requests for proposals under this section shall specify that terms
     4  and  conditions  of  employment  and  compliance reports under the local
     5  employment plan and/or U.S. employment plan are not exempt from  disclo-
     6  sure  under  the  freedom  of  information law. Quarterly and subsequent
     7  annual reports related to contract fulfillment will be shared online  on
     8  the awarding authority's web site.
     9    (e)  the awarding authority shall enact regulations creating forms for
    10  completion of the local employment plan and/or U.S. employment plan that
    11  the awarding authority will include  with  requests  for  proposals  for
    12  contracts.
    13    §  6. Section 231 of the labor law is amended by adding a new subdivi-
    14  sion 8 to read as follows:
    15    8. Building service employees employed in  any  building  or  facility
    16  that  has  received  grants  or  tax  abatements  or exemptions or other
    17  assistance with a total present financial value of one  million  dollars
    18  or  more for the increase of energy efficiency, building electrification
    19  upgrades, the development of renewable energies, or climate change resi-
    20  liency shall be paid  not  less  than  the  prevailing  wage.  Employers
    21  engaged  in  the  provision of building service work shall be subject to
    22  all the reporting and compliance requirements of this article, including
    23  the right to maintain an action for the difference between the  prevail-
    24  ing  wages and the wages actually received. The prevailing wage require-
    25  ment shall apply for the duration of the assistance or ten  years  after
    26  the project opens, whichever is longer.
    27    §  7.  Article  8 of the public authorities law is amended by adding a
    28  new title 9-C to read as follows:
 
    29                                  TITLE 9-C
    30                       CLIMATE CHANGE JUST TRANSITION
    31                                 SUBTITLE I
    32                             GENERAL PROVISIONS
    33  Section 1910. Definitions.
    34          1911. Coordination of programs.
    35          1912. Transparency and accountability.
    36          1913. Report on community ownership.
 
    37                                 SUBTITLE II
    38                          COMMUNITY JUST TRANSITION
    39  Section 1914. Definitions.
    40          1915. Office of community just transition.
    41          1916. Establishment of community just transition program.
    42          1917. Administration by the authority.
    43          1918. Allocation of funds.
    44          1919. Selection process.
    45          1920. Identification of disadvantaged community needs.
    46          1921. Community decision-making and accountability mechanisms.
    47          1922. Criteria for implementing community  accountability  mech-
    48                  anisms.
    49          1923. Consultation with the working group.
 
    50                                SUBTITLE III
    51                       CLIMATE JOBS AND INFRASTRUCTURE
    52  Section 1924. Definitions.
    53          1925. Establishment of climate jobs and infrastructure program.

        A. 6967                            21

     1          1926. Administration by the authority.
     2          1927. Allocation of funds.
     3          1928. Funding instruments.
     4          1929. Selection process and criteria.
     5          1930. Consultation with the advisory council.
     6          1931. Comprehensive approach to existing structures.
     7          1932. Advisory  council  of  the climate jobs and infrastructure
     8                  program.
 
     9                                 SUBTITLE IV
    10        JUST TRANSITION FOR IMPACTED WORKERS AND COMMUNITY ASSURANCE
    11  Section 1933.   Definitions.
    12          1934.   Establishment of worker and community assurance board.
    13          1935.   Establishment of worker assurance program.
    14          1936.   Establishment of community assurance program.
    15          1937.   Administration.
    16          1938.   Allocation of funds.
    17          1939.   Selection process.
    18          1939-a. Designation of significant impact.
    19          1939-b. Public engagement and social dialogue.
    20          1939-c. Reporting.
    21    § 1910. Definitions. For the purposes of this subtitle, the  following
    22  terms shall have the following meanings:
    23    1.  "Advisory  council"  means  the advisory council established under
    24  section nineteen hundred thirty-two of this title.
    25    2. "Authority" means the climate and community investment authority.
    26    3. "Community ownership" means projects, businesses and  legal  models
    27  in  regard to renewable energy assets and services that allow for one or
    28  more of the following:
    29    (a) the flow of benefits from energy generation and conservation  goes
    30  directly  to  communities  and  utility  customers  while minimizing the
    31  extraction of benefits and profit by third-parties;
    32    (b) access to energy infrastructure ownership, including energy  effi-
    33  ciency  measures  and savings, by renters, non-profit organizations, and
    34  individuals with a broader spectrum of income and credit  profiles  than
    35  traditional financing allows for;
    36    (c)  creation  of  cooperative and cooperative-like structures for the
    37  development and ownership of energy infrastructure; and
    38    (d) ownership by individuals or organizations that are located where a
    39  project is sited.
    40    4. "Constituency-based organization" means  an  organization  incorpo-
    41  rated  for  the  purpose  of  providing  services or other assistance to
    42  economically or socially disadvantaged persons within a specified commu-
    43  nity, and which is supported by,  or  whose  actions  are  directed  by,
    44  members of the community in which it operates.
    45    5.  "Director"  means  the director of an office appointed under para-
    46  graph (b) of subdivision seven of section twenty-seven  hundred  ninety-
    47  nine-uuuu of this article.
    48    6.  "Disadvantaged communities" means communities that bear burdens of
    49  negative public health effects, environmental pollution, and impacts  of
    50  climate  change,  and possess certain socioeconomic criteria, as identi-
    51  fied pursuant to section 75-0111 of the environmental conservation law.
    52    7. "Downstate region" means the counties of Richmond,  Kings,  Queens,
    53  New York, Bronx, Westchester, Nassau and Suffolk.

        A. 6967                            22
 
     1    8.  "Emissions  leakage" means an increase in emissions outside of the
     2  state, as a result of, or in correlation  with,  the  implementation  of
     3  measures within the state to limit such emissions.
     4    9.  "Greenhouse  gas"  shall  have  the same meaning as in subdivision
     5  eight of section 19-1301 of the environmental conservation law.
     6    10. "Office" means the office  of  climate  and  community  investment
     7  established under this title.
     8    11.  "Municipality"  shall have the same meaning as in subdivision six
     9  of section four hundred eighty-one of the executive law.
    10    12. "Regulated air contaminant" shall have  the  same  meaning  as  in
    11  subdivision twenty-two of section 19-0107 of the environmental conserva-
    12  tion law.
    13    13. "President" means the president of the authority.
    14    14.  "Tribal  nation"  means  those tribes, nations or other organized
    15  groups of persons having origins in any of the original peoples of North
    16  America recognized in the state or considered by the  federal  secretary
    17  of  the interior to be a tribal nation, including the following New York
    18  state tribal nations: Cayuga Nation, Oneida Nation of New York, Onondaga
    19  Nation, Poospatuck or Unkechauge Nation, Saint Regis Mohawk Tribe, Sene-
    20  ca Nation of Indians, Shinnecock Indian Nation, Tonawanda Band of Seneca
    21  and Tuscarora Nation.
    22    15. "Upstate region" means all New York counties  other  than  Nassau,
    23  Suffolk, Richmond, Kings, Queens, New York, Bronx and Westchester.
    24    16.  "Working  group"  means the climate justice working group created
    25  pursuant to section 75-0111 of the environmental conservation law.
    26    § 1911.   Coordination of  programs.  The  authority  shall  undertake
    27  actions  to  ensure  maximum  coordination  between each of the programs
    28  created under section three thousand forty-six of the tax  law,  includ-
    29  ing:
    30    1. conducting each program such that all three programs together:
    31    (a) maximize the total economic and social benefits to New York;
    32    (b) maximize administrative efficiency;
    33    (c)  achieve  the  most  cost-effective  and  the  greatest  amount of
    34  reductions in greenhouse gas emissions and regulated air contaminants;
    35    (d) achieve an equitable distribution of funds;
    36    (e) maximize benefits to disadvantaged communities;
    37    (f) encourage early action to reduce emissions;
    38    (g) minimize emissions leakage;
    39    (h) promote equitable access to program participation across programs,
    40  including  interoperability  with  existing  programs  and  the  use  of
    41  universal  eligibility applications for low-income applicants who may be
    42  eligible for multiple services; and
    43    (i) identify and utilize best industry standard practices to  overcome
    44  barriers  to  implementation,  such as split incentives for energy effi-
    45  ciency.
    46    2. Not less than two times annually, the  authority  shall  convene  a
    47  meeting that includes the president, the working group, and the advisory
    48  council,  to discuss options for improving the coordination of the three
    49  programs.
    50    3. In consulting with the  working  group  and  the  advisory  council
    51  pursuant  to  this  section, the authority shall adhere to the following
    52  procedures:
    53    (a) The authority shall provide, to all  working  group  and  advisory
    54  council members, notice of meetings not less than thirty days before the
    55  date of the meeting; and

        A. 6967                            23
 
     1    (b)  The  authority  shall  provide, to all working group and advisory
     2  council members, electronic copies or hard  copies  of  any  written  or
     3  other  informational  materials  to  be discussed at a given meeting not
     4  less than thirty days prior to the date of that meeting.
     5    §  1912.  Transparency and accountability.  1. No later than two years
     6  following the effective date of this title, and every two  years  there-
     7  after,  the  president,  in  partnership  with  the working group, shall
     8  produce a report on the implementation of the programs established under
     9  this title and the extent to which  program  implementation  is  meeting
    10  stated  program  goals and priorities. Such report shall include but not
    11  be limited to:
    12    (a) For the program under subtitle two of this title:
    13    (i) the extent to which needs identified in the needs  assessment  are
    14  being met;
    15    (ii)  the effectiveness of projects funded under the program in reduc-
    16  ing emissions of greenhouse gas and regulated air contaminants;
    17    (iii) the effectiveness of projects funded under the program in reduc-
    18  ing the energy burdens of households in disadvantaged communities;
    19    (iv) the geographic distribution of grants made under the program;
    20    (v) barriers reported by eligible applicants in developing competitive
    21  proposals and receiving funding;
    22    (vi) the jobs created as a  result  of  funds  distributed  under  the
    23  program by type, duration, and pay scale; and
    24    (vii) the number of projects funded that are community-owned or incor-
    25  porate  community ownership, including an assessment of continued barri-
    26  ers to community ownership.
    27    (b) For the program under subtitle three of this title:
    28    (i) the number of jobs created by the program;
    29    (ii) the effectiveness of projects funded under the program in  reduc-
    30  ing emissions of greenhouse gas and regulated air contaminants;
    31    (iii)  the extent to which projects funded under the program leveraged
    32  additional private investment;
    33    (iv) the number of minority and  women-owned  businesses  involved  in
    34  projects funded under the program as lead contractors or subcontractors,
    35  and barriers to involvement by such businesses;
    36    (v) the effectiveness of projects funded under the program in reducing
    37  energy  burdens  of  households,  including  households in disadvantaged
    38  communities; and
    39    (vi) the impact of the program on disadvantaged communities, including
    40  the impact on the elderly, youth, women and children.
    41    (c) For the program under articles forty-two and  forty-three  of  the
    42  tax law:
    43    (i)  the  actual  costs  of  the  fee as compared to the amount of the
    44  rebate;
    45    (ii) the overall net cost to households; and
    46    (iii) the rate of participation in the program by eligible  households
    47  and the barriers to participation, if any.
    48    2.  Before  finalizing the report described in subdivision one of this
    49  section, the president shall ensure that there are  meaningful  opportu-
    50  nities for public participation, including by:
    51    (a)  allowing  at  least one hundred twenty days for the submission of
    52  public comment, following the date of the publication of a draft report;
    53  and
    54    (b) holding at least four  regional  public  hearings,  including  two
    55  meetings in the upstate region and two meetings in the downstate region,

        A. 6967                            24

     1  with  emphasis on maximizing participation and accessibility for members
     2  of disadvantaged communities.
     3    3.  The final report shall be submitted to the governor, the temporary
     4  president of the senate, the speaker of the assembly, the minority lead-
     5  er of the senate and the minority leader of the assembly, and  shall  be
     6  posted on the website of the authority.
     7    §  1913.  Report  on community ownership.  1. Not later than two years
     8  following the effective date of this subtitle, and every two years ther-
     9  eafter, the authority, with input from the working group, the department
    10  of labor, the state energy planning board and the department of environ-
    11  mental conservation, shall produce a report on barriers to, and opportu-
    12  nities for, community ownership, including:
    13    (a) a study of contractual and pricing mechanisms that make siting and
    14  ownership of renewable  energy  assets  and  services  in  disadvantaged
    15  communities more viable and scalable.
    16    (b)  recommendations  on how to increase community ownership in disad-
    17  vantaged communities of the following services and commodities:
    18    (i) distributed renewable energy generation;
    19    (ii) utility scale renewable energy generation;
    20    (iii) energy efficiency and weatherization investments; and
    21    (iv) electric grid investments, including  energy  storage  and  smart
    22  meters.
    23    2.  Before  finalizing the report described in subdivision one of this
    24  section, the president shall ensure that there are  meaningful  opportu-
    25  nities for public participation, including by:
    26    (a)  allowing  at  least one hundred twenty days for the submission of
    27  public comment, following the date of the publication of a draft report;
    28  and
    29    (b) holding at least four  regional  public  hearings,  including  two
    30  meetings in the upstate region and two meetings in the downstate region,
    31  with  emphasis on maximizing participation and accessibility for members
    32  of disadvantaged communities.
    33    3. The final report shall be submitted to the governor, the  temporary
    34  president of the senate, the speaker of the assembly, the minority lead-
    35  er  of  the senate and the minority leader of the assembly, and shall be
    36  posted on the website of the authority.
    37    § 1914. Definitions. For the purposes of this subtitle, the  following
    38  terms shall have the following meanings:
    39    1.  "Disadvantaged  communities"  shall  have  the  same meaning as in
    40  subdivision three of section 75-0111 of the  environmental  conservation
    41  law.
    42    2.  "Eligible  lead applicant" means a constituency-based organization
    43  or a tribal nation, in or serving a disadvantaged community or  communi-
    44  ties.  Notwithstanding  the  preceding  sentence,  a  constituency-based
    45  organization or tribal nation may be an eligible lead applicant, whether
    46  or not it is in or serving a disadvantaged community or communities,  if
    47  it makes an application for funding on behalf of one or more constituen-
    48  cy-based  organizations  or tribal nations that are in or serving one or
    49  more disadvantaged communities with the consent  of  such  constituency-
    50  based  organization  or  organizations  or  tribal nation or nations and
    51  subgrants to such constituency-based organization  or  organizations  or
    52  tribal  nation  or  nations. A municipality or county where a project is
    53  proposed to be located shall also be considered an eligible lead  appli-
    54  cant  if  it affirms that there is no constituency-based organization or
    55  tribal nation in or serving the disadvantaged community or that is will-
    56  ing or able to submit an application or consent to be a subgrantee under

        A. 6967                            25
 
     1  this subdivision, and that it  provided  a  reasonable  opportunity  for
     2  residents  and organizations in or serving the municipality or county to
     3  comment on the application prior to submission.
     4    3.  "Eligible  sub-applicants" means private sector entities, academic
     5  institutions, non-profit organizations, other stakeholders, and  munici-
     6  palities  and  counties  in  cases  where  there is a constituency-based
     7  organization in the disadvantaged community or communities.
     8    4. "Fund" means the community just transition fund  established  under
     9  subdivision one of section three thousand forty-six of the tax law.
    10    5.  "Minority-  or  women-owned  business  enterprise"  means either a
    11  "minority-owned business enterprise" as defined in subdivision seven  of
    12  section  three hundred ten of the executive law, or a "women-owned busi-
    13  ness enterprise", as defined in subdivision fifteen of such section.
    14    6. "Working group" means the climate justice working group established
    15  under section 75-0111 of the environmental conservation law.
    16    7. "Program" means the community just transition  program  established
    17  under this subtitle.
    18    8.  "Community  ownership" shall have the same meaning as set forth in
    19  subdivision three of section nineteen hundred ten of this title.
    20    9. "Downstate region" means the counties of Richmond,  Kings,  Queens,
    21  New York, Bronx, Westchester, Nassau and Suffolk.
    22    10.  "Upstate  region"  means all New York counties other than Nassau,
    23  Suffolk, Richmond, Kings, Queens, New York, Bronx and Westchester.
    24    § 1915. Office of community just transition. 1.  The  authority  shall
    25  establish,  not  later  than six months after the effective date of this
    26  subtitle, the "office of community just transition".  Such  office  will
    27  administer  the  fund  and  the program, among other duties. Such office
    28  shall be responsible for implementing  new,  progressive  and  equitable
    29  grant opportunities that support disadvantaged communities transitioning
    30  to  a regenerative renewable energy economy. The office will collaborate
    31  with the working group to develop and assess programs.
    32    2. The office will abide by the principles of  environmental  justice,
    33  including  the  1994 federal executive order 12898 (in relation to envi-
    34  ronmental justice) and the Jemez Principles  of  Democratic  Organizing.
    35  Such  principles  shall include: being inclusive; placing an emphasis on
    36  bottom-up organizing;  letting  people  speak  for  themselves;  working
    37  together  in solidarity and mutuality; building just relationships among
    38  ourselves; and making a commitment to self-transformation.
    39    3. The office shall be led by a director. Not later  than  six  months
    40  after  the formation of the working group, the working group shall nomi-
    41  nate not less than three candidates for the position of director.    Not
    42  later  than  three  months  after the working group has nominated candi-
    43  dates, the president shall select the director from this group of candi-
    44  dates.
    45    § 1916. Establishment of community just transition program.  There  is
    46  hereby  established  within  the  authority, a community just transition
    47  program, to be implemented by the director. The purpose of  the  program
    48  is to disburse funds from the community just transition fund pursuant to
    49  section nineteen hundred eighteen of this subtitle.
    50    §  1917.  Administration  by  the  authority. Within six months of the
    51  effective date of this subtitle, the authority is hereby authorized  and
    52  directed  to  establish  and  administer  the  community just transition
    53  program. The authority shall implement the program in consultation  with
    54  the working group. The authority is authorized and directed to:

        A. 6967                            26
 
     1    1.  use  monies  made  available for the program, pursuant to sections
     2  nineteen hundred eighteen and nineteen hundred nineteen of  this  subti-
     3  tle;
     4    2.  enter  into contracts with eligible lead applicants and sub-appli-
     5  cants through a competitive selection process;
     6    3. recover from the monies made available  for  the  program,  not  in
     7  excess  of  two  percent  of annual fund proceeds, its own necessary and
     8  documented  costs  incurred  in  administering  the  program,  including
     9  program  evaluation,  compensation  for  members  of  the working group,
    10  compensation for at least one full-time authority staff person dedicated
    11  to supporting the working group; and
    12    4. exercise such other powers as are necessary for the proper adminis-
    13  tration of the program.
    14    § 1918. Allocation of funds. 1. Funds from the community just  transi-
    15  tion  fund  shall  be  disbursed  through direct grants to eligible lead
    16  applicants.
    17    2. At least seventy-five percent of  funds  from  the  community  just
    18  transition fund shall be for projects physically located within a desig-
    19  nated disadvantaged community, or for projects as close to such communi-
    20  ty  as is practicable, provided that a project not physically located in
    21  the disadvantaged community shall only be  eligible  for  funding  under
    22  this  subdivision  if  the  authority  finds that it is impracticable to
    23  locate the project in such disadvantaged community or that funding  such
    24  project is in the best interests of such disadvantaged community, taking
    25  into  account  such  factors  as  the  burdens of negative public health
    26  effects, environmental pollution and the impacts of climate changes. Any
    27  project funded under this subdivision shall achieve one or more  of  the
    28  goals in paragraph (a), (b) or (c) of this subdivision:
    29    (a)  maximizing greenhouse gas emissions reductions, including through
    30  the completion of projects, including but not limited to:  energy  effi-
    31  ciency  and  energy  demand reduction; renewable energy; energy storage;
    32  renewable energy-powered microgrids; energy resiliency; demand response;
    33  and reducing urban heat island effects through various  means,  such  as
    34  through  the  completion  of urban forestry, urban agriculture, or green
    35  infrastructure projects;
    36    (b) the reduction of other regulated air contaminants  in  conjunction
    37  with greenhouse gas emissions reductions; and
    38    (c)  community ownership and governance, including through the funding
    39  of planning, design and construction of community solar installation and
    40  other projects listed under paragraph (a) of this subdivision.
    41    3. Up to twenty-five percent of funds from the community justice tran-
    42  sition fund may be used for projects other than as specified in subdivi-
    43  sion two of this section, but must provide at least one of the following
    44  benefits to one or more designated disadvantaged communities:
    45    (a) reducing emissions from stationary sources, including  the  perma-
    46  nent closure of fossil fuel-fired power plants, including peaker-plants,
    47  or  waste-to-energy  plants,  with  priority given to reducing emissions
    48  from sources that emit  pollution  into  the  airshed  of  disadvantaged
    49  communities;
    50    (b) reducing the financial burden of energy expenses for disadvantaged
    51  communities, including the reducing energy costs through the creation of
    52  community-owned solar assets; and
    53    (c) increasing and supporting opportunities for community ownership of
    54  energy  projects  by  residents  of disadvantaged communities, including
    55  ownership of the type of energy projects specified under subdivision two
    56  of this section and by establishing community-owned energy cooperatives.

        A. 6967                            27
 
     1    § 1919. Selection process.  1. The director, in consultation with  the
     2  working  group,  shall  develop criteria and a process for competitively
     3  selecting project proposals under this subtitle, in accordance with this
     4  section and section nineteen hundred eighteen of this subtitle.
     5    2. The director, in consultation with the working group, shall compet-
     6  itively  select  project proposals according to the criteria and process
     7  established under subdivision three of this section.
     8    3. In selecting projects and distributing funds,  the  director  shall
     9  meet the standards in paragraphs (a), (b), (c), (d), (e) and (f) of this
    10  subdivision.
    11    (a)  All  projects shall be led by an eligible lead applicant; provide
    12  benefits to designated disadvantaged communities;  comply  with  section
    13  nineteen  hundred eighteen of this subtitle; incorporate community deci-
    14  sion-making, pursuant to section nineteen  hundred  twenty-one  of  this
    15  subtitle,  throughout project planning and implementation; and provide a
    16  community accountability mechanism, pursuant to section nineteen hundred
    17  twenty-two of this subtitle and comply with the labor and  job  perform-
    18  ance standards in this act.
    19    (b) Program funds as a whole shall be equitably distributed to members
    20  of disadvantaged communities, with roughly an even distribution of funds
    21  per capita among disadvantaged communities across the state.
    22    (c)  Communities  shall  be  targeted  in areas where energy costs are
    23  particularly high in relation to a measure of median household income as
    24  determined by the authority; or which have been designated as  a  nonat-
    25  tainment  area for one or more pollutants pursuant to section 107 of the
    26  federal Clean Air Act (42 U.S.C. section 7407).
    27    (d) The director shall give preference in awards  to  applicants  that
    28  include  significant  participation by minority- or women-owned business
    29  enterprises.
    30    (e) The director shall give preference in awards  to  applicants  that
    31  implement  mechanisms  to  maximize community ownership, pursuant to the
    32  findings of the latest report mandated by section nineteen hundred thir-
    33  teen of this title.
    34    (f) The director shall give preference  in  awards  to  projects  that
    35  would  not  otherwise  likely  be  completed  without the support of the
    36  program.
    37    4. The director shall encourage eligible lead  applicants  to  propose
    38  projects  in  collaboration with eligible sub-applicants and comply with
    39  he labor and job performance standards in this act.
    40    5. The director shall annually issue at least one and  not  more  than
    41  four  program  opportunity  notices or requests for proposals to solicit
    42  applications from eligible lead applicants.
    43    6. The director shall prioritize creating a streamlined and simplified
    44  application and  disbursement  process  for  eligible  lead  applicants,
    45  including  but  not limited to, quarterly available grant opportunities,
    46  at least quarterly information webinars, and providing opportunities for
    47  technical assistance to navigate the application process.
    48    7. To the extent  otherwise  permitted  by  law,  the  director  shall
    49  distribute funds in a manner that provides at least seventy-five percent
    50  of  each  award  up-front,  to ensure that eligible lead applicants with
    51  limited existing budgets are able to implement projects effectively.
    52    8. The director shall consult with the division of housing and  commu-
    53  nity renewal and the working group to develop strategies to mitigate any
    54  adverse  economic  impact  of  the  program  on  tenants and homeowners,
    55  including, but not limited to, residents of  rent-regulated  housing  or
    56  recipients  of  housing  subsidies  and  rent-burdened  households;  and

        A. 6967                            28
 
     1  enhance long-term community cohesion while preventing gentrification and
     2  displacement.
     3    9.  Nothing in this subtitle shall preclude the authority from permit-
     4  ting eligible lead applicants or sub-applicants  to  use  program  funds
     5  awarded  under this subtitle in conjunction with other public or private
     6  funding awarded for other purposes, providing that  the  lead  applicant
     7  can  demonstrate,  in  a  manner  sufficient  to the authority, that the
     8  program goals and other requirements of this subtitle will be met.
     9    § 1920.  Identification  of  disadvantaged  community  needs.  1.  The
    10  authority,  in  cooperation with the working group and the commissioners
    11  of health, labor and environmental conservation, shall  identify  disad-
    12  vantaged community needs for the purposes of implementing this section.
    13    2.  Disadvantaged  community needs shall be identified, with the input
    14  of experts, local government representatives, public  utility  represen-
    15  tatives,  and other local stakeholders, for each disadvantaged community
    16  or set of disadvantaged communities.
    17    3. Before finalizing the list of  identified  disadvantaged  community
    18  needs  pursuant  to subdivision one of this section, the authority shall
    19  ensure that there are meaningful opportunities for  public  comment  for
    20  all  persons  who  will  be  impacted by the identified needs, including
    21  persons living in areas that may be identified as disadvantaged communi-
    22  ties, including by:
    23    (a) publishing draft identified  disadvantaged  community  needs,  and
    24  making such information available on the internet;
    25    (b) holding at least six regional public hearings on the draft identi-
    26  fied  disadvantaged community needs, including three meetings in upstate
    27  regions and three meetings in downstate regions; and
    28    (c) allowing at least one hundred twenty days for  the  submission  of
    29  public  comment,  following the date of the publication of draft identi-
    30  fied disadvantaged community needs described under paragraph (a) of this
    31  subdivision.
    32    4. The authority, in cooperation  with  the  working  group,  and  the
    33  commissioners  of  health, labor and environmental conservation or their
    34  designees, shall meet no less than annually  to  review  the  identified
    35  disadvantaged  community  needs and methods used to identify such needs,
    36  and may modify such methods to incorporate new data and scientific find-
    37  ings, subject to the same process requirements listed under  subdivision
    38  three of this section.
    39    §  1921.  Community  decision-making and accountability mechanisms. 1.
    40  The authority, in cooperation with the working group and the commission-
    41  ers of health, labor and  environmental  conservation,  shall  establish
    42  criteria  for  appropriate  community  decision-making practices for the
    43  purposes of implementing this section.
    44    2. Community decision-making practices shall be  identified  based  on
    45  consultations  with  constituency-based organizations, members of disad-
    46  vantaged communities, and other stakeholders identified by the  authori-
    47  ty.
    48    3.  Before finalizing the criteria for appropriate community decision-
    49  making practices pursuant  to  subdivision  one  of  this  section,  the
    50  authority  shall  ensure  that  there  are  meaningful opportunities for
    51  public comment for all persons who will be  impacted  by  the  criteria,
    52  including  persons  living  in areas that may be identified as disadvan-
    53  taged communities, including by:
    54    (a) publishing draft criteria, and making such  information  available
    55  on the internet;

        A. 6967                            29
 
     1    (b)  holding at least ten regional public hearings on the draft crite-
     2  ria, one in each region; and
     3    (c)  allowing  at  least one hundred twenty days for the submission of
     4  public comment, following the date of the publication of draft  criteria
     5  described under paragraph (a) of this subdivision.
     6    4.  The  authority,  in  cooperation  with  the working group, and the
     7  commissioners of health, labor  and  environmental  conservation,  shall
     8  meet  no  less  than annually to review the criteria and methods used to
     9  identify appropriate community decision-making practices, and may modify
    10  such methods to incorporate new data and scientific findings, subject to
    11  the same process requirements listed under  subdivision  three  of  this
    12  section.
    13    5.  For  the  purposes  of  paragraph (b) of subdivision three of this
    14  section, "region" shall have the same meaning as in subdivision nine  of
    15  section twenty-four hundred twenty-six of this chapter.
    16    § 1922. Criteria for implementing community accountability mechanisms.
    17  The  authority,  in  cooperation with the working group, and the commis-
    18  sioners of health, labor and environmental conservation, shall establish
    19  criteria for implementing community accountability  mechanisms  for  the
    20  purposes of implementing this section.
    21    1. Criteria for implementing community accountability mechanisms shall
    22  be based on input from the working group.
    23    2.  Before finalizing the criteria for implementing community account-
    24  ability mechanisms pursuant to subdivision  one  of  this  section,  the
    25  authority  shall  ensure  that  there  are  meaningful opportunities for
    26  public comment for all persons who will be  impacted  by  the  criteria,
    27  including  persons  living  in areas that may be identified as disadvan-
    28  taged communities, including by:
    29    (a) publishing draft criteria, and making such  information  available
    30  on the internet;
    31    (b)  holding at least six regional public hearings on the draft crite-
    32  ria, including three meetings in the upstate region and  three  meetings
    33  in the downstate region; and
    34    (c)  allowing  at  least one hundred twenty days for the submission of
    35  public comment, following the date of the publication of draft  criteria
    36  described under paragraph (a) of this subdivision.
    37    3.  The  authority,  in  cooperation  with  the working group, and the
    38  commissioners of health, labor  and  environmental  conservation,  shall
    39  meet  no  less  than annually to review the criteria and methods used to
    40  identify community accountability mechanisms, and may modify such  meth-
    41  ods to incorporate new data and scientific findings, subject to the same
    42  process requirements listed under subdivision two of this section.
    43    §  1923.  Consultation  with the working group. In consulting with the
    44  working group in the course  of  implementing  the  program  established
    45  under  this subtitle, the authority shall adhere to the following proce-
    46  dures:
    47    1. The authority shall convene consultation meetings with the  working
    48  group not less frequently than four times annually;
    49    2.  The  authority shall provide, to all working group members, notice
    50  of working group meetings not less than one month before the date of the
    51  meeting; and
    52    3. The authority shall provide, to all working  group  members,  elec-
    53  tronic copies or hard copies of any written or other informational mate-
    54  rials to be discussed at a given working group meeting not less than one
    55  month prior to the date of the meeting.

        A. 6967                            30
 
     1    §  1924. Definitions. For the purposes of this subtitle, the following
     2  terms shall have the following meanings:
     3    1.  "Advisory  council" means the body established under section eigh-
     4  teen hundred ninety-eight of this article.
     5    2.  "Eligible  applicant"  means  a  constituency-based  organization,
     6  tribal  nation, labor union, municipality, transit agency, port authori-
     7  ty, metropolitan planning organizations, small  business,  minority-  or
     8  women-owned  business  enterprise or any other entity deemed appropriate
     9  by the authority.
    10    3. "Fund" means the climate jobs and infrastructure  fund  established
    11  under  subdivision  two  of  section three thousand forty-six of the tax
    12  law.
    13    4. "Minority- or  women-owned  business  enterprise"  means  either  a
    14  "minority-owned  business enterprise" as defined in subdivision seven of
    15  section three hundred ten of the executive law, or a "women-owned  busi-
    16  ness enterprise", as defined in subdivision fifteen of such section.
    17    5.  "Program" means the climate jobs and infrastructure program estab-
    18  lished under this subtitle.
    19    6. "Third-party entities"  means  private  sector  entities,  academic
    20  institutions,  non-profit  organizations and other stakeholders that are
    21  not eligible applicants.
    22    7. "Tribal nation" shall have  the  same  meaning  as  in  subdivision
    23  twelve of section nineteen hundred ten of this chapter.
    24    8.  "Disadvantaged    communities"  shall  have the same meaning as in
    25  subdivision five of section 75-0101 of  the  environmental  conservation
    26  law.
    27    §  1925.  Establishment  of  climate  jobs and infrastructure program.
    28  There is hereby established within the authority,  a  climate  jobs  and
    29  infrastructure program, which shall disburse funds from the climate jobs
    30  and  infrastructure fund pursuant to the goals established under section
    31  nineteen hundred twenty-seven of this subtitle.
    32    § 1926. Administration by the authority.  Within  six  months  of  the
    33  effective  date of this subtitle, the authority is hereby authorized and
    34  directed to establish and administer the climate jobs and infrastructure
    35  program. The authority shall implement the program in consultation  with
    36  the  advisory council, the public service commission, the New York inde-
    37  pendent system operator, the New York energy  research  and  development
    38  authority,  and the departments of transportation, environmental conser-
    39  vation, health and labor. The authority is authorized  and  directed  to
    40  take the following steps:
    41    1.  using  monies made available from the fund to achieve the goals of
    42  the program outlined in section nineteen hundred  twenty-seven  of  this
    43  subtitle;
    44    2. entering into contracts with eligible applicants and other entities
    45  through the competitive selection process authorized by this subtitle;
    46    3. using from the monies made available for the program, not in excess
    47  of two percent of annual fund proceeds, its own necessary and documented
    48  costs  incurred  in  administering the program, including program evalu-
    49  ation; compensation, at any amount to be determined  by  the  authority,
    50  for  members  of the advisory council; and compensation for at least one
    51  full-time authority staff person dedicated to  supporting  the  advisory
    52  council; and
    53    4. exercising such other powers as are necessary for the proper admin-
    54  istration of the program.
    55    §  1927.  Allocation  of  funds.  1.  Funds  from the climate jobs and
    56  infrastructure fund shall  be  disbursed  under  the  climate  jobs  and

        A. 6967                            31
 
     1  infrastructure  program to achieve quantifiable, verifiable, and signif-
     2  icant reductions in  greenhouse  gas  emissions  and  of  regulated  air
     3  contaminants  while achieving the general goals specified in subdivision
     4  two  of  this section.  These funds are intended to advance the goals of
     5  the climate leadership and community protection act.
     6    2. In addition to meeting the goals specified in  subdivision  one  of
     7  this section, funds shall be disbursed to meet the following goals:
     8    (a)  job creation, pursuant to the standards established under article
     9  eight-B of the labor law, including opportunities for new entrants  into
    10  the  state's  workforce, and the long-term unemployed or displaced work-
    11  ers, and the development of an in-state manufacturing and  supply  chain
    12  for clean energy technologies;
    13    (b) funding large-scale projects, including those that may span multi-
    14  ple communities or regions;
    15    (c)  reducing  greenhouse  gas  emissions  and  energy  costs  through
    16  improvements in energy efficiency, energy conservation, load  balancing,
    17  energy storage and the installation of clean energy technologies;
    18    (d)  achieving  advancements  in  social  equity,  including promoting
    19  community ownership  and  governance  of  energy  production,  including
    20  youth,  children,  the  incarcerated  and the formerly incarcerated; and
    21  supporting sustainable local economic development;
    22    (e) electrification  of  equipment  and  appliances  for  residential,
    23  commercial and industrial applications;
    24    (f)  promoting the participation of private capital, municipal govern-
    25  ments and tribal nations in achieving the goals stated in  this  section
    26  and  the  use of innovative financing mechanisms to finance energy effi-
    27  ciency improvements through energy cost savings;
    28    (g) encouraging the development of  programs  to  support  communities
    29  with  high  cumulative  environmental burden, high peak energy load, and
    30  aging housing stock in order to preserve affordable housing and  enhance
    31  long-term   community   cohesion  while  preventing  gentrification  and
    32  displacement;
    33    (h) encouraging the development of  energy  efficiency  and  renewable
    34  energy projects and programs for and in public schools, school transpor-
    35  tation  including centralized procurement by the authority of zero-emis-
    36  sion school buses and charging infrastructure in order to promote  effi-
    37  ciency,  innovation, and the creation of high-quality jobs in school bus
    38  and charging infrastructure manufacturing and  community  centers,  with
    39  priority  given to schools located in and serving disadvantaged communi-
    40  ties in order to preserve and  improve  school  infrastructure,  improve
    41  community resilience and provide co-educational benefits for students in
    42  science, technology, engineering, art, ecology and science;
    43    (i)  encouraging  the  development of quality child and dependent care
    44  with priority given to the development of quality child care located  in
    45  and serving disadvantaged communities; and
    46    (j) encouraging the development of workforce development programs that
    47  identify  and  utilize  best  practices to provide and train workers for
    48  high quality and continuous career and work opportunities.
    49    3. Every five years, the authority, in consultation with the  advisory
    50  council, shall designate priority project types for investments based on
    51  capital  funding  needs,  the  potential  for  greenhouse  gas  emission
    52  reductions, and the potential for regional job creation.  These  priori-
    53  ties  shall  guide  the  authority in soliciting proposals and selecting
    54  projects. The first five years of funding  shall  prioritize  investment
    55  in:

        A. 6967                            32
 
     1    (a)  public  transit,  with  special  priority  for intra-city transit
     2  modes, in upstate regions and in other underserved regions of the state,
     3  including through: subsidizing transit rate reductions,  the  establish-
     4  ment of new transit routes, and improvements in transit service (includ-
     5  ing increased frequency, accessibility and safety), especially to better
     6  serve  low-  to  moderate-income  individuals;  creating journey to work
     7  routes, dedicated to creating access to major  areas  of  employment  in
     8  both  urban  and non-urban areas, especially routes connecting non-urban
     9  areas without necessitating a trip through the central  city;  directing
    10  infrastructure funding, including through various approaches to support-
    11  ing  bonding,  revolving  loan funds and other financing mechanisms; and
    12  subsidizing electric and  zero-emissions  vehicles  and  infrastructure,
    13  including charging infrastructure and energy storage technologies;
    14    (b) energy efficiency and conservation projects, including projects in
    15  public  buildings, and incentives for new private buildings that achieve
    16  high efficiency or net-zero status and for retrofits of existing  build-
    17  ings,  providing  that landlords who receive retrofit funds or financial
    18  assistance of any kind under this program not be allowed to include such
    19  investments  as  major  capital  improvements  or  individual  apartment
    20  assessments  in  order  to raise rents to recoup costs in rent-regulated
    21  housing;
    22    (c) large scale renewable energy projects,  community-owned  renewable
    23  energy  projects,  such  as community solar and community wind projects,
    24  and publicly-owned renewable  energy  projects,  including  projects  on
    25  public buildings and land;
    26    (d) port facility electrification and sustainability measures, includ-
    27  ing  but  not limited to at the port of Albany, the port of Buffalo, and
    28  the New York city waterfront, including Hunts Point and Sunset Park;
    29    (e)  electric  grid  upgrades  within   the   state,   including   the
    30  construction  of electricity transmission, energy storage and smart grid
    31  infrastructure, and including support for establishing electric  vehicle
    32  infrastructure and systems to optimize distributed energy resources;
    33    (f)  energy  efficiency and renewable energy projects and programs for
    34  and in public schools, school transportation  (including  school  buses)
    35  and community centers with priority given to schools located in or serv-
    36  ing disadvantaged communities; and
    37    (g)  child  and  dependent  care facilities and programs with priority
    38  given to child and dependent care facilities and programs located in  or
    39  serving disadvantaged communities.
    40    4.  In  addition  to allocating funds under the program to achieve the
    41  goals and priorities outlined in this section, the authority shall allo-
    42  cate funds for the purposes of providing technical assistance to  eligi-
    43  ble applicants. Such technical assistance shall include assistance with:
    44  developing project proposals; implementing project proposals; conducting
    45  analysis  and  reporting  on projects implemented under the program; and
    46  other needs identified by the authority.
    47    5. No monies from the climate jobs and infrastructure fund shall  fund
    48  police, prisons or related infrastructure.
    49    §  1928.  Funding instruments. The authority, in consultation with the
    50  advisory council, shall determine the appropriate instrument, or variety
    51  of instruments, including  grants,  loan  guarantees,  incentives,  bond
    52  payments,  loan  programs,  and other mechanisms for achieving the goals
    53  stated in section nineteen hundred twenty-seven of this subtitle.
    54    § 1929. Selection process and criteria. The authority  is  authorized,
    55  within amounts appropriated, to disburse funds from the fund to eligible
    56  applicants on a competitive basis.

        A. 6967                            33
 
     1    1.  The  authority,  in  consultation with the advisory council, shall
     2  develop criteria and a process for selecting project proposals submitted
     3  by eligible applicants under this subtitle.
     4    2.  In  selecting projects and distributing funds, the authority shall
     5  include the following criteria:
     6    (a) the extent to which the project meets each of the goals set  forth
     7  in  subdivisions one and two of section nineteen hundred twenty-seven of
     8  this subtitle;
     9    (b) whether the project falls under a priority area for investment for
    10  the five-year period;
    11    (c) whether the project will benefit  geographic  areas  where  energy
    12  costs are particularly high in relation to a measure of median household
    13  income  as determined by the authority; or which have been designated as
    14  a nonattainment area for one or more pollutants pursuant to section  107
    15  of the federal clean air act (42 U.S.C. section 7407);
    16    (d) whether the applicants include significant participation by minor-
    17  ity and women-owned business enterprises; and
    18    (e)  the  extent  to  which  projects would not otherwise be completed
    19  without the support of the program.
    20    3. In allocating funds, the authority shall also, where possible,  aim
    21  to  geographically  distribute  funds  in an equitable manner across the
    22  state, taking into account population density.
    23    4. The  authority  shall  encourage  eligible  applicants  to  propose
    24  projects  in partnership with other eligible applicants, and with third-
    25  party entities.
    26    § 1930. Consultation with the advisory council. In consulting with the
    27  advisory council in the course of implementing the  program  established
    28  under this subtitle, the authority shall:
    29    1.  convene  consultation  meetings with the advisory council not less
    30  frequently than four times annually;
    31    2. provide notice of advisory council meetings to all advisory council
    32  members not less than thirty days before the date of the meeting; and
    33    3. provide electronic or hard copies of any written or other  informa-
    34  tional  materials to be discussed at a given advisory council meeting to
    35  all advisory council members not less than thirty days prior to the date
    36  of the meeting.
    37    § 1931. Comprehensive approach to existing structures. 1. In consulta-
    38  tion with the advisory council, the department of state,  department  of
    39  homes  and  community renewal, the department of environmental conserva-
    40  tion, the New York energy research and development authority  and  other
    41  relevant stakeholders, the authority shall develop a master plan to:
    42    (a)  ensure a comprehensive approach exists to improve building energy
    43  efficiency that includes all of the state's existing buildings;
    44    (b) ensure that the state meets its energy efficiency goals;
    45    (c) reduces energy use in all existing structures and new buildings;
    46    (d) improves and protects housing affordability and enhances long-term
    47  community cohesion while preventing gentrification and displacement; and
    48    (e) incorporates health and safety assessments and improvements.
    49    2. The master plan will specifically include recommendations for coor-
    50  dinated changes to the building  and  energy  codes,  energy  efficiency
    51  programs  administered by the state and others, and spending pursuant to
    52  the climate and community investment act, in order to ensure  that  most
    53  buildings  receive deep energy efficiency retrofits that include assess-
    54  ment and improvements to health and safety.
    55    3. To prepare the master plan, the authority  shall  convene  relevant
    56  stakeholders  in each region of the state at least once, giving at least

        A. 6967                            34
 
     1  ninety days' notice of the proposed meeting in order for the  public  to
     2  attend.  For  the  purposes of this subdivision, "region" shall have the
     3  same meaning as in subdivision nine of section twenty-four hundred twen-
     4  ty-six of this chapter.
     5    §  1932.  Advisory  council  of  the  climate  jobs and infrastructure
     6  program.  There is hereby created within the authority, not  later  than
     7  six months after the effective date of this article, an advisory council
     8  of the climate jobs and infrastructure program. Such advisory group will
     9  be  comprised of the commissioners of labor, transportation, housing and
    10  community renewal, the president of the new york state  energy  research
    11  and  development  authority,  representatives from environmental justice
    12  communities, labor, youth groups, youth, regional  transportation  offi-
    13  cials,  transportation advocates, including representatives from upstate
    14  cities, the mid hudson region, new york  city  and  long  island,  clean
    15  energy  developers  and  energy system experts. In addition to any other
    16  functions assigned to the working group in  this  article,  the  working
    17  group  shall also perform the functions assigned to the working group as
    18  set forth in this title, title thirteen of article nineteen of the envi-
    19  ronmental conservation law, article twenty-five-d of the labor law,  and
    20  articles  forty-two and forty-three of the tax law.  For the purposes of
    21  this section, "region" shall have the same  meaning  as  in  subdivision
    22  nine of section twenty-four hundred twenty-six of this chapter.
    23    §  1933.  Definitions. For the purposes of this article, the following
    24  terms shall have the following meanings:
    25    1. Adversely affected employment. The term "adversely affected employ-
    26  ment" means employment in an entity regulated  by  the  New  York  state
    27  department of public service generating energy that is not renewable.
    28    2.  Adversely  affected  worker.  The term "adversely affected worker"
    29  means an individual who, because of lack of work in  adversely  affected
    30  employment,  has  been  totally or partially separated from such employ-
    31  ment, is expected to be totally or partially separated from such employ-
    32  ment, or is a displaced worker.
    33    3. Adjustment assistance. The term "adjustment assistance"  means  any
    34  compensation,  credit,  benefit,  funding, training, or service provided
    35  under this title through any option described.
    36    4. Applicable firm. The term "applicable firm" means, as applicable:
    37    (a) the firm, or subdivision of a firm, for which the group of workers
    38  who are petitioning for certification work at;
    39    (b) the firm, or subdivision of a firm, for which a group of certified
    40  adversely affected workers work at;
    41    (c) a group of firms within close geographic proximity, as  determined
    42  by  the authority, task force, or board employing a group of workers who
    43  are petitioning for certification; or
    44    (d) a group of firms within a close geographic  proximity,  as  deter-
    45  mined  by  the  authority,  task  force,  or board, for which a group of
    46  certified adversely affected workers work.
    47    5. "Authority" means the climate and  community  investment  authority
    48  created by title thirty-six of this article.
    49    6.  "Board" means the worker and community assurance board established
    50  under this section nineteen hundred thirty-four of this subtitle.
    51    7. "Energy industry" means a commercial sector, as determined  by  the
    52  authority, that:
    53    (a)  extracts,  transports, or uses as a direct input energy resources
    54  or electricity; or
    55    (b) is otherwise dependent on the generation or consumption of  energy
    56  resources or electricity.

        A. 6967                            35
 
     1    8. "Commissioner" means the commissioner of the department of labor.
     2    9. "Constituency-based organization" shall have the same meaning as in
     3  subdivision  three  of section eighteen hundred ninety-one of this arti-
     4  cle.
     5    10. "Department" means the department of labor.
     6    11. "Director" means the director of an office appointed  under  para-
     7  graph  (b)  of subdivision seven of section twenty-seven hundred ninety-
     8  nine-uuuu of this article.
     9    12. "Disadvantaged communities" shall have  the  same  meaning  as  in
    10  section 75-0111 of the environmental conservation law.
    11    13.  "Displaced  worker"  means an individual who is a resident of New
    12  York state and who has either:
    13    (a) been terminated or has received notice of termination as a  result
    14  of a permanent facility closure; or
    15    (b) experienced partial separation and is in the energy industry.
    16    14. "Disadvantaged worker" is a resident of New York state who is:
    17    (a) a woman, when considering construction and building contracts;
    18    (b)  has  a  household  income  of less than fifty percent of the area
    19  median income (AMI);
    20    (c) an individual residing in an area of concentrated poverty;
    21    (d) disabled;
    22    (e) a veteran;
    23    (f) a person  previously  incarcerated  or  convicted  of  a  criminal
    24  offense; or
    25    (g) long-term unemployed.
    26    15.  "Downstate region" means the counties of Richmond, Kings, Queens,
    27  New York, Bronx, Westchester, Nassau and Suffolk.
    28    16. "Eligible lead applicant" means a constituency-based organization,
    29  labor organization, a tribal nation, local school district, or a munici-
    30  pal or county government located in or serving the impacted community or
    31  communities which makes an application for funding under  this  subtitle
    32  on behalf of itself alone or along with eligible sub-applicants.
    33    17.  "Eligible sub-applicants" means private sector entities, academic
    34  institutions,  non-profit  organizations,  other  stakeholders,  with  a
    35  relationship  to  the  impacted  community. Eligible sub-applicants, may
    36  apply with a lead applicant pursuant  to  standards  prescribed  by  the
    37  authority. Applying with support from an eligible lead applicant.
    38    18.  "Fund"  means  the worker and community assurance special purpose
    39  fund created under article forty-two of the tax law.
    40    19. "Greenhouse gas" shall have the same  meaning  as  in  subdivision
    41  eight of section 19-1301 of the environmental conservation law.
    42    20.  "Labor  organization"  means any organization which exists and is
    43  constituted for the purpose, in whole or in part, of collective bargain-
    44  ing, or of dealing with employers concerning grievances, terms or condi-
    45  tions of employment, or of other mutual aid or protection and  which  is
    46  not a company union. This includes but is not limited to bona fide labor
    47  organizations  that  are  certified or recognized as the organization of
    48  jurisdiction representing the workers involved and/or bona fide building
    49  and construction trades councils and/or district councils and state  and
    50  local  labor  federations  comprised of local unions certified or recog-
    51  nized as the representative of the workers.
    52    21. "Partial separation" means, with respect to an individual who  has
    53  not been totally separated, that such individual has experienced:
    54    (a)  a  reduction  in  hours  of work to eighty percent or less of the
    55  individual's average weekly hours in adversely affected employment; and

        A. 6967                            36
 
     1    (b) a reduction in wages to eighty percent or less of the individual's
     2  average weekly wage in such adversely affected employment.
     3    22.  "Permanent  facility  closure"  means the permanent shutdown of a
     4  single site of employment, or one or more facilities or operating  units
     5  within  a  single  site  of  employment,  if  the shutdown results in an
     6  employment loss at the single site of employment during  any  thirty-day
     7  period.
     8    23.  "President"  means  the  president  of  the climate and community
     9  investment authority.
    10    24. "Program" means the worker assurance program and community  assur-
    11  ance program established under this subtitle.
    12    25.  "Regional working group" means a regional body subordinate to the
    13  worker and community assurance task force established under this  subti-
    14  tle,  these  must be created by the task force and not incorporated into
    15  existing bodies such as the regional economic development councils.
    16    26. "Significantly impacted community" is a  community,  municipality,
    17  or other area designated as such by worker and community assurance board
    18  established under this subtitle.
    19    27.  "Social dialogue" means an open dialogue with resources available
    20  to the public and all stakeholders to encourage  participation  intended
    21  to develop a consensus among the parties consisting of discussions where
    22  participants  can discuss, be provided with resources and make decisions
    23  about how to respond to the challenges of the transition.
    24    28. "Total separation" means the layoff or severance of an  individual
    25  from employment with an applicable firm.
    26    29.  "Totally  separated"  means,  with respect to an individual, that
    27  such individual is experiencing total separation.
    28    30. "Upstate region" means all New York counties  other  than  Nassau,
    29  Suffolk, Richmond, Kings, Queens, New York, Bronx and Westchester.
    30    31.  "Working  group"  means the climate justice working group created
    31  pursuant to section 75-0111 of the environmental conservation law.
    32    § 1934. Worker and community assurance board. There is hereby  created
    33  no  later  than  six months after the effective date of this subtitle, a
    34  "worker and community assurance board".
    35    1. The board will be comprised of:
    36    (a) the president;
    37    (b) the commissioner of labor;
    38    (c) the commissioner of environmental conservation;
    39    (d) the state comptroller or their representative;
    40    (e) four members appointed by the state senate, including:
    41    (i) one representative of a constituency-based organization;
    42    (ii) one representative of a labor organization;
    43    (iii) one expert in economic development; and
    44    (iv) one representative of an environmental justice community;
    45    (f) four members appointed by the state assembly, including:
    46    (i) one representative of a constituency-based organization;
    47    (ii) one representative of a labor organization;
    48    (iii) one expert in economic development; and
    49    (iv) one representative of an environmental justice community.
    50    2. The board shall be co-chaired by the president and the commissioner
    51  of labor, or their designees.
    52    3. The board shall meet no less than quarterly. Meetings shall be open
    53  to the public, and full agendas and minutes shall be shared publicly not
    54  less than one week prior to meeting.

        A. 6967                            37
 
     1    § 1935. Worker assurance program. There is hereby  established  within
     2  the  authority,  a  worker  assurance  program, to be implemented by the
     3  chair.
     4    1.  The purpose of the program is to create programs or disburse funds
     5  from the fund to benefit the  following  persons,  regardless  of  immi-
     6  gration status or term of residency:
     7    (a) adversely affected workers;
     8    (b) displaced workers; and
     9    (c) disadvantaged workers in significantly impacted communities.
    10    2.  Benefits, services, or financial support may be delivered directly
    11  by the authority or through eligible lead applicants and  eligible  sub-
    12  applicants.
    13    3. Applications under this section can be made on behalf of a group of
    14  workers by an eligible lead applicant, however individuals may apply for
    15  support directly from the agency even if there is a local program admin-
    16  istered by or application made by an eligible lead applicant.
    17    4.  All  individual  applicants  will be approved to receive benefits,
    18  services, or financial support regardless of immigration status or  term
    19  of residency. To receive benefits applicants must demonstrate they are:
    20    (a) adversely affected workers;
    21    (b) displaced workers; or
    22    (c) disadvantaged workers in significantly impacted communities.
    23    5.  The  board, in collaboration with the agency, will promulgate such
    24  regulations or guidelines for the creation of programs by the  authority
    25  or eligible lead applicants as may be needed.
    26    6.  Benefits, services, or financial support upon an application being
    27  accepted, benefits, services, or financial support shall be made  avail-
    28  able  for  qualifying  workers  for  at  least three years and up to ten
    29  years.
    30    7. These benefits shall include income support equal  to  their  prior
    31  salary either until new employment is found at a comparable wage or as a
    32  supplement  to the new wage to meet the prior level for three years; and
    33  additional appropriate supports including:
    34    (a) employment by the authority or a lead applicant (for example doing
    35  remediation at their current site of employment) on a project to  reuti-
    36  lize facilities to replace losses in the tax base, or pursuant to anoth-
    37  er program created under this subtitle;
    38    (b) retraining and placement in public or private sector positions;
    39    (c) payment towards pension support;
    40    (d)  on  the job training funds or wage subsidies to match their prior
    41  salary or hourly wage;
    42    (e) payment towards early retirement;
    43    (f) transitional support including but not limited to skills training,
    44  job counseling, tuition support and on-the-job training; and
    45    (g) support for impacted workers  to  start  employee-owned  business,
    46  early retirement or income support.
    47    8.  The  agency  will  report regularly to the public, board, and task
    48  force on the status of these programs as well as what benefits are being
    49  provided and where programs have been created by  eligible  lead  appli-
    50  cants.
    51    9.  When  approved  applicants  are  employed or have been immediately
    52  prior to displacement under an existing collective bargaining agreement,
    53  the authority shall notify the labor  organization  party  to  the  that
    54  agreement of the application.

        A. 6967                            38
 
     1    § 1936. Community assurance program. There is hereby established with-
     2  in  the  authority,  a community assurance program, to be implemented by
     3  the chair. The purpose of the program is to:
     4    1. disburse funds from the fund, pursuant to this section;
     5    2.  to provide support for disadvantaged communities and significantly
     6  impacted communities directly from the authority, through local  govern-
     7  ment entities, eligible lead applicants, or eligible sub-applicants to:
     8    (a) replace lost school aid, lost property tax payments to schools, or
     9  other lost school funding;
    10    (b) job creation programs;
    11    (c) replace lost payment in-lieu-of taxes (PILOT) and local tax reven-
    12  ue,  replace  revenue  raised  by or paid by the state or an employer to
    13  municipalities or school  districts  (including,  but  not  limited  to,
    14  central  school  districts  and city school districts), and other public
    15  funding that is being lost; and
    16    (d) facilitate the expansion of existing economic development programs
    17  to enable communities to respond to permanent  facility  closure  and/or
    18  major reductions in property taxes or pilot payments; and
    19    3. proposals for program funding may include, but are not limited to:
    20    (a)  support to start cooperative employee-owned businesses, including
    21  by displaced workers or labor organizations;
    22    (b) infrastructure  projects  in  communities  where  energy-intensive
    23  facilities are closing;
    24    (c)  efforts  at  reclamation  project  creating  a  renewable project
    25  located at:
    26    (i) a brownfield site as defined in subdivision two of section 27-1405
    27  of the environmental conservation law, not excluding a site  subject  to
    28  an enforcement order as provided for in paragraph (c) of subdivision two
    29  of section 27-1405 of the environmental conservation law;
    30    (ii)  a  dormant electric generating site as determined by the commis-
    31  sion; or
    32    (iii) real property owned by a  private  developer  or  real  property
    33  owned by an applicable firm.
    34    (d)  projects  proposed through negotiated project labor agreements or
    35  neutrality agreements with  labor  organizations  representing  impacted
    36  workers or adversely affected workers.
    37    (e)  small  business  retraining  and  transition  programs. Including
    38  programs to identify and support small businesses, to avoid  job  losses
    39  due  to  energy  transition,  make  technological  changes  or  training
    40  improvements, on the job training programs, equipment grants, and  tech-
    41  nical support for existing businesses to transition to practices focused
    42  on sustainability, decarbonization, or non-emitting operations.
    43    (f)  support  for local manufacturing coordinated with decarbonization
    44  programs to provide grants and no-interest loans to develop and acceler-
    45  ate manufacturing of:
    46    (i) electric buses (including school buses), electric  pickup  trucks,
    47  electric cars, and other electric vehicles; and
    48    (ii)  energy-efficient  electric  appliances in significantly impacted
    49  communities and adversely affected communities.
    50    § 1937. Administration. 1. Within six months of the effective date  of
    51  this subtitle, the authority is hereby authorized and directed to estab-
    52  lish  the  programs  authorized  by this subtitle.   The authority shall
    53  implement the programs in consultation with the board and shall:
    54    (a) use monies made available for the programs for  the  establishment
    55  of  worker  and  community  assurance board pursuant to section nineteen
    56  hundred thirty-four, the establishment of the worker  assurance  program

        A. 6967                            39
 
     1  pursuant  to  section  nineteen  hundred  thirty-five, and the community
     2  assurance program pursuant to section  nineteen  hundred  thirty-six  of
     3  this subtitle to achieve the purposes of each program;
     4    (b)  enter into contracts with eligible lead applicants, eligible sub-
     5  applicants, and other entities through the competitive selection process
     6  authorized by this subtitle;
     7    (c) enter into contracts with one  or  more  program  implementers  to
     8  perform such functions as the authority deems appropriate;
     9    (d)  evaluate disadvantaged communities and other communities to iden-
    10  tify those where permanent facility closure is  likely,  and  engage  in
    11  outreach  to  ensure that constituency-based organizations, labor organ-
    12  izations, and eligible applicants are aware that the  program  is  under
    13  development  and  invite  them  to be involved in the development of the
    14  program; and
    15    (e) exercise such other powers as are necessary for the proper  admin-
    16  istration of the program.
    17    2.  The authority shall notify labor organizations party to collective
    18  bargaining agreements covering workers in significantly impacted  commu-
    19  nities of proposed programs or funding opportunities under this section.
    20    § 1938. Allocation of funds. 1. Funds from the fund shall be disbursed
    21  under the programs and be used to ensure a stable transition for workers
    22  and  communities  impacted  by  the transition to a carbon free economy.
    23  Funds may be used for activities pursuant to sections  nineteen  hundred
    24  thirty-four,  nineteen  hundred thirty-five and nineteen hundred thirty-
    25  six of this subtitle.
    26    2. The authority shall:
    27    (a) develop clear guidelines and engage in public comment before allo-
    28  cating funds;
    29    (b) determine a transparent and consistent level of  funding,  program
    30  portfolio,  and  process  for accessing that support in both the upstate
    31  region and the downstate region; and
    32    (c) coordinate with the New York state department of  labor  regarding
    33  the program administered by the authority that directs funds to individ-
    34  ual  New York residents pursuant to section nineteen hundred thirty-five
    35  of this subtitle;
    36    3. (a) All projects funded pursuant to this section must  be  operated
    37  as  zero-emission projects. No funds from this program may be awarded to
    38  any project that uses carbon-based-fuels in its operations.
    39    (b) No funds under this subtitle shall fund police, prisons or related
    40  infrastructure.
    41    (c) Funds administered under section nineteen  hundred  thirty-six  of
    42  this  subtitle  should  be  coordinated  whenever possible with existing
    43  programs, and with funding opportunities under other subtitles  of  this
    44  title.
    45    §  1939. Selection process. The director is authorized, within amounts
    46  appropriated, to disburse funds from the fund on a competitive basis for
    47  approved projects to eligible applicants and partners.
    48    1. The director, in partnership with the task force and  board,  shall
    49  develop criteria and a process for selecting project proposals submitted
    50  by eligible applicants under this subtitle.
    51    2.  The  board  will  select projects based on proposals from eligible
    52  lead applicants and labor organizations, based on task force's recommen-
    53  dation, or based on a request from an individual  impacted  workers  and
    54  adversely affected workers.
    55    3.  Proposals should clearly articulate: the programs to be supported;
    56  the number of workers impacted; overall expected funding level;  a  plan

        A. 6967                            40
 
     1  to  engage the people most affected by the transition, including workers
     2  and community members; a plan for any  necessary  site  remediation  and
     3  economic  development; and a plan to ensure that funding is time limited
     4  to no more than ten years of direct support from the fund.
     5    4. The authority shall give priority to proposals from or related to:
     6    (a) disadvantaged workers or disadvantaged communities;
     7    (b) adversely affected workers;
     8    (c) eligible applicants that relate to adversely affected employment;
     9    (d)  projects  that  have  significant employment and tax base impacts
    10  when experiencing a permanent closure.
    11    5. Where a proposal is received and one  or  more  labor  organization
    12  represent  impacted workers, they shall be notified, and given a reason-
    13  able opportunity to submit a proposal either on their own or in partner-
    14  ship with other eligible applicants.
    15    6. In developing the criteria,  the  authority  and  the  board  shall
    16  attempt to maximize: the number of people from affected communities that
    17  will benefit from any implemented project and from the suite of projects
    18  across  the program; the degree of direct benefits delivered to affected
    19  communities; greenhouse gas and emissions reductions for  regulated  air
    20  contaminants;  and,  to  the  extent possible, the leveraging of private
    21  capital. The criteria and program shall be reevaluated and amended based
    22  on the social dialogue convened by the task force and  regional  working
    23  groups.
    24    7.  The  authority shall encourage lead eligible applicants to propose
    25  projects in partnership with other  eligible  lead  applicants,  and  in
    26  partnership  with  eligible  sub-applicants,  and  will notify all those
    27  parties involved if multiple proposals are received regarding  the  same
    28  site, workers, or community.
    29    8.  Where  possible, the authority shall aim to distribute funds in an
    30  equitable manner by region of the state.
    31    9. If adequate  funding  is  available,  the  authority  may  consider
    32  proposals  related  to other impacts associated with climate change that
    33  have the effect of causing job losses, including climate-related natural
    34  disasters.
    35    10. The authority shall allocate funding annually,  or  as  determined
    36  appropriate  by  the  authority  for ensuring continuous funding for the
    37  needs of the chosen programs and projects.
    38    § 1939-a. Designation of significant  impact.  1.  The  authority,  in
    39  cooperation  with  the board and working group, shall establish criteria
    40  to determine when an industry has become  significantly  impacted  as  a
    41  direct result of policies to reduce greenhouse gas emissions in New York
    42  state.  The  authority  shall identify an initial set of industries that
    43  are significantly impacted as a direct  result  of  emissions  reduction
    44  policies  for  the  purposes  of implementing this section.  After those
    45  initial set of industries, further industries can be added by  the  task
    46  force.
    47    2.  In  designing the criteria and listing the industries described in
    48  subdivision one of this section, the authority  shall  consider  factors
    49  such as:
    50    (a)  permanent  facility  closures  or  the closure of businesses as a
    51  result of regulatory  changes  related  to  the  climate  and  community
    52  investment act;
    53    (b)  significant  job losses across an industry as a result of techno-
    54  logical change in order to achieve greenhouse gas  emission  reductions;
    55  or

        A. 6967                            41
 
     1    (c)  loss  of  property  tax  or school tax revenue that would lead to
     2  local layoffs or service reductions as a result  of  regulatory  changes
     3  related to such act.
     4    3.  Before finalizing the criteria for identifying industries that are
     5  significantly impacted as a direct result of climate change  policy  and
     6  identifying  a  list  of  significantly  impacted industries pursuant to
     7  subdivision one of this section, the authority shall ensure  that  there
     8  are  meaningful  opportunities  for public comment, including by persons
     9  working in potentially significantly  impacted  industries  and  persons
    10  that  may be identified as part of affected communities pursuant to this
    11  title, including by:
    12    (a) publishing draft  criteria  and  a  draft  list  of  significantly
    13  impacted  industries and making such information available on the inter-
    14  net.
    15    (b) holding at least six regional public hearings on the draft  crite-
    16  ria  and  the draft list of significantly impacted industries, including
    17  at least three meetings in the upstate region and three meetings in  the
    18  downstate region; and
    19    (c)  allowing  at  least one hundred twenty days for the submission of
    20  public comment, following the date of the publication of draft  criteria
    21  described in paragraph (a) of this subdivision.
    22    4.  The authority, in cooperation with the board and the working group
    23  shall meet no less than four times annually to review the  criteria  and
    24  methods  used  to  identify  significantly  impacted industries, and may
    25  modify such methods to incorporate new  data  and  scientific  findings,
    26  subject  to the same process requirements listed under subdivision three
    27  of this section.
    28    5. An industry that has been significantly impacted as a direct result
    29  of climate change policy, or  workers  in  an  industry  that  has  been
    30  significantly  impacted as a direct result of climate change policy, may
    31  also be identified based on a petition from a municipality, labor organ-
    32  ization, or constituency-based organization located in or adjacent to an
    33  impacted community.
    34    6. The comptroller of the state of New York shall, both as a member of
    35  the board and independent of the board, shall oversee  the  distribution
    36  of funds in collaboration with the authority.
    37    §  1939-b.  Public  engagement and social dialogue. 1. The board shall
    38  regularly seek input and feedback from  the  community,  both  in  every
    39  region and directly from impacted communities and impacted workers.
    40    2.  All  meetings of the board must be open public meetings, and shall
    41  include opportunities for meaningful public input and  allow  all  those
    42  affected the opportunity to be a part of the dialogue; additionally, the
    43  board shall hold regional meetings in each region each year, in addition
    44  to their regular meetings in order to get public input.
    45    3. In collaboration with the just transition working group, the direc-
    46  tor  will  release  a  preliminary report within one year of their first
    47  meeting, but after completing public engagement meetings in each  region
    48  this report will include:
    49    (a)  initial  recommendations  for  a process for a comprehensive long
    50  term just transition planning for New York  state,  including,  but  not
    51  limited  to  identifying  impacted  communities,  identifying applicable
    52  firms, making recommendations for ongoing workforce  strategy,  and  any
    53  additional programs or supports required for a just transition.
    54    (b)  identifying  every  community  across  New York that is already a
    55  significantly impacted  community,  already  has  significant  adversely
    56  affected  employment  (including  significant  employment  in the energy

        A. 6967                            42
 
     1  industry is likely to be a significantly impacted community), or already
     2  has impacted workers or permanently closed  facilities.  The  basis  for
     3  communities  to  be  included,  and  to schedule a start date for social
     4  dialogue  and  the  creation  of  regional working groups shall begin by
     5  convening the workers and members of the impacted communities to begin a
     6  discussion about climate change's impacts  on  the  workforce  and  host
     7  communities.
     8    4.  The director will create working groups in each region to commence
     9  a social dialogue  consisting  of  discussions  where  participants  can
    10  discuss,  be  provided with resources, and develop a consensus about how
    11  to respond to the challenges of the transition. The social dialogue must
    12  be directed by the people most affected. Goals of  the  social  dialogue
    13  include: ensuring economic decisions are made with real input from those
    14  most  affected  they  must include engagement with the broader community
    15  and across sectors including input from the  community,  workers,  busi-
    16  nesses  and  others who are impacted by climate policies, uncovering the
    17  best local economic development and workforce plans and  set  the  stage
    18  for  diverse  investments  into  community  rebirth provide resources to
    19  communities to develop solutions, including access to  technical  exper-
    20  tise,  information  about  climate  change,  its impacts and causes; the
    21  impact climate change has on the  communities  and  the  workforce,  and
    22  regional economy; and information about emerging jobs and sectors.
    23    5. Within two years of the effective date of this subtitle, the direc-
    24  tor and board will release a draft plan that must include, at a minimum:
    25    (a) specifics of how to transition a workforce into emerging jobs;
    26    (b) estimates of sufficient resources for that transition;
    27    (c)  what expertise and supports must be allocated for the development
    28  and implementation of an effective workforce plan;
    29    (d) a skills map for each impacted position, current and emerging  new
    30  energy  jobs and regional employment opportunities with similar require-
    31  ments; and
    32    (e) education and training options for workers  that  allows  them  to
    33  rapidly  re-skill  for  jobs in demand that recognizes their current and
    34  transferable skills, provides competency-based training, learn and earn,
    35  and credit for prior learning  opportunities  upskilling  through  joint
    36  labor  management  journeyperson  extension  programs sponsored by joint
    37  apprenticeship training programs.
    38    6. The director will also seek public input on:
    39    (a) a policy for workforce impact statements; and
    40    (b) additional potential funding and possible partnerships for  oppor-
    41  tunity and workforce and economic revitalization.
    42    7.  For  the  purposes  of  subdivisions  two,  three and four of this
    43  section, "region" shall have the same meaning as in subdivision nine  of
    44  section two thousand four hundred twenty-six of this article.
    45    §  1939-c.  Reporting. 1. No later than two years following the effec-
    46  tive date of this subtitle, and every two years thereafter, the authori-
    47  ty, in partnership with the working group, shall produce a report on the
    48  implementation of the program established under this  subtitle  and  the
    49  extent  to  which program implementation is meeting stated program goals
    50  and priorities. Such report shall include but not be limited to:
    51    (a) reporting on the effectiveness of the policies  established  under
    52  this  subtitle  to  the  legislature  and public on the job creation and
    53  retention impacts;
    54    (b) an overview of social benefits pursuant to the  implementation  of
    55  this section, including benefits to the economy, environment, and public
    56  health, including women's health;

        A. 6967                            43
 
     1    (c) an overview of administrative costs for the authority, the depart-
     2  ment and other state agencies;
     3    (d) recommendations for future policy pertaining to transition assist-
     4  ance; and
     5    (e)  data  identifying  both  who submitted petitions and who received
     6  support from the program and why.
     7    2. (a) Prior to finalizing the report described in subdivision one  of
     8  this  section,  the  authority  shall  ensure  that there are meaningful
     9  opportunities for public participation, including by:
    10    (i) allowing at least one hundred twenty days for  the  submission  of
    11  public comment, following the date of the publication of a draft report;
    12  and
    13    (ii)  holding  at least four regional public hearings, including:  two
    14  meetings in the upstate region and two meetings in the downstate region,
    15  with emphasis on maximizing participation and accessibility for  members
    16  of disadvantaged communities.
    17    (b) The following entities shall be invited to attend and given notice
    18  of the public hearings described in paragraph (a) of this subdivision:
    19    (i) environmental justice representatives;
    20    (ii) organizations representing disadvantaged community members;
    21    (iii) labor organizations in the area;
    22    (iv) local businesses;
    23    (v) local governments and school authorities; and
    24    (vi) climate change experts.
    25    3. The final report described in subdivision one of this section shall
    26  be  submitted  to the governor, the president of the senate, the speaker
    27  of the assembly, the minority leader of  the  senate  and  the  minority
    28  leader of the assembly and shall be posted on the website of the author-
    29  ity.  Additionally,  all  reports  shall  be shared publicly through the
    30  department of information technology and telecommunications of the  city
    31  of New York.
    32    §  8.  Article  8 of the public authorities law is amended by adding a
    33  new title 36 to read as follows:
    34                                  TITLE 36
    35                 CLIMATE AND COMMUNITY INVESTMENT AUTHORITY
    36  Section 2799-tttt. Definitions.
    37          2799-uuuu.  The climate and community  investment  authority  of
    38                        the state of New York; creation.
    39          2799-wwww.  Board of trustees.
    40          2799-xxxx.  Officers and employees; expenses.
    41          2799-yyyy.  Powers and duties of the authority.
    42          2799-zzzz.  Contracts negotiated by the authority.
    43          2799-aaaaa. Subsidiaries.
    44          2799-bbbbb. Notes of the authority.
    45          2799-ccccc. Bonds of the authority.
    46          2799-ddddd. Guaranty by the state.
    47          2799-eeeee. State  and  municipalities  not  liable  on bonds or
    48                       notes.
    49          2799-fffff. Legal investments.
    50          2799-ggggg. Deposit and investment of monies of the authority.
    51          2799-hhhhh. Agreement of the state.
    52          2799-iiiii. Exemption from taxation.
    53          2799-jjjjj. Tax covenant.
    54          2799-kkkkk. Repayment of state appropriations.
    55          2799-lllll. Equal employment opportunity and minority and  women
    56                        owned business enterprise programs.

        A. 6967                            44
 
     1          2799-mmmmm. Prevailing wage.
     2          2799-nnnnn. Audits and annual reports.
     3          2799-ooooo. Transparency.
     4          2799-ppppp. Corporate existence.
     5          2799-qqqqq. Conflicts of interest.
     6          2799-rrrrr. Exculpation.
     7          2799-sssss. Liberal interpretation.
     8          2799-ttttt. Severability.
     9          2799-uuuuu. Inconsistent provisions of other laws superseded.
    10          2799-vvvvv. Title not affected if in part unconstitutional.
    11          2799-wwwww. Climate manufacturing careers policy.
    12          2799-xxxxx. Additional responsible contracting standards.
    13    §  2799-tttt. Definitions. For the purposes of this title, the follow-
    14  ing terms shall have the following meanings:
    15    1. "Acquire" means, with respect to any right, title or interest in or
    16  to any property, either the act of taking by the exercise of  the  power
    17  of eminent domain, or the acquisition by purchase or otherwise.
    18    2.  "Authority"  or  "the  climate and community investment authority"
    19  means the climate and community investment authority of the state of New
    20  York established by section  twenty-seven  hundred  ninety-nine-uuuu  of
    21  this title.
    22    3. "Board" means the board of trustees of the authority.
    23    4.  "Bonds"  or  "notes"  mean  the  bonds, notes or other obligations
    24  issued by the authority pursuant to this title.
    25    5. "Director" means the director of an office  appointed  under  para-
    26  graph  (b)  of subdivision seven of section twenty-seven hundred ninety-
    27  nine-uuuu of this title.
    28    6. "Municipality" means any county,  city,  town,  village,  municipal
    29  corporation,  school  district  or  other  political  subdivision of the
    30  state, including any agency, authority  or  public  corporation  of  the
    31  state or any of the foregoing or any combination thereof, other than the
    32  authority.
    33    7.  "President"  means  the  president  of  the  climate and community
    34  investment authority.
    35    8. "Project" means an action undertaken by the authority that:  causes
    36  the  authority  to issue bonds, notes or other obligations, or shares in
    37  any subsidiary corporation, or significantly  modifies  the  use  of  an
    38  asset  valued at more than one million dollars owned by the authority or
    39  involves the sale, lease or other  disposition  of  such  an  asset,  or
    40  commits  the  authority  to  a  contract  for  a public works project in
    41  receipt of more than one hundred thousand  dollars  in  total  financial
    42  assistance;  projects  with  a  total  value  of  more  than ten million
    43  dollars; and privately-financed projects on public property.
    44    9. "Revenue" means all rates, rents, fees, charges, payments and other
    45  income and receipts derived by the authority from the operation  of  the
    46  authority  other  than  the  proceeds  of  the  sales of its securities,
    47  including, but not limited  to,  investment  proceeds  and  proceeds  of
    48  insurance,  condemnation,  and  sales  or  other  disposition of assets,
    49  together with all federal, state or municipal aid.
    50    10. "Comptroller" means the New York state comptroller.
    51    § 2799-uuuu. The climate and community  investment  authority  of  the
    52  state  of  New  York; creation.   1. There is hereby created a corporate
    53  instrumentality of the state to be known as the "climate  and  community
    54  investment  authority  of  the  state of New York" which shall be a body
    55  corporate and political and a political subdivision of the state,  exer-
    56  cising essential government and public powers.

        A. 6967                            45
 
     1    2.  The  area of operations of the authority shall be the state of New
     2  York.
     3    3. The authority shall not be created or organized, and its operations
     4  shall  not  be conducted, for the purpose of making a profit. No part of
     5  the revenues or assets of the authority shall inure to the benefit of or
     6  be distributable to its  trustees  or  officers  or  any  other  private
     7  persons, except as provided for actual services rendered.
     8    4.  The  power  of the authority shall be vested in and exercised by a
     9  majority of the members of the board then  in  office.  Such  board  may
    10  delegate  to  one  or  more  of  its members or its officers, agents and
    11  employees such powers and duties as it may deem proper.
    12    5. The board shall elect and appoint a president of the authority.
    13    6. The board shall create within the authority:
    14    (a) an office of environmental justice;
    15    (b) an office of household and small business energy rebates;
    16    (c) an office of climate jobs and infrastructure;
    17    (d) an office of community just transition;
    18    (e) an office of worker and community assurance;
    19    (f) an office of value of pollution and mitigation program;
    20    (g) an office of procurement;
    21    (h) an office of public engagement and independent ombudsperson; and
    22    (i) any other offices as necessary.
    23    7. Each office created by the authority shall:
    24    (a) Abide by the principles of environmental  justice,  including  the
    25  federal  executive  order  12898  of  1994,  relating  to  environmental
    26  justice, and the Jemez principles of democratic organizing. Such princi-
    27  ples shall include: being inclusive; placing an  emphasis  on  bottom-up
    28  organizing;  letting  people  speak  for themselves; working together in
    29  solidarity and mutuality; building just relationships  among  ourselves;
    30  and making a commitment to self-transformation.
    31    (b)  Be  led by a director. Not later than six months after the forma-
    32  tion of the authority, the climate justice working group shall  nominate
    33  not  less  than  three  candidates for the position of director for each
    34  office of the authority. Not later than three months after  the  climate
    35  justice  working  group  has  nominated  candidates, the president shall
    36  select the director for each office from this group of candidates.
    37    8. The board and its corporate existence shall continue so long as  it
    38  shall  have  notes,  bonds  or  other obligations outstanding (including
    39  notes, bonds or obligations hereafter issued or incurred) and until  its
    40  existence shall be terminated by law. Upon the termination of the exist-
    41  ence  of  the authority, all its rights and properties shall pass to and
    42  be vested in the state.
    43    § 2799-wwww. Board of trustees. 1. Beginning no later than six  months
    44  following  the  effective date of this title, the board of the authority
    45  shall be created and shall consist of thirteen trustees including:
    46    (a) Five trustees serving ex  officio,  which  shall  consist  of  the
    47  commissioner  of  the  department of transportation, the commissioner of
    48  the department of environmental conservation, the  president  and  chief
    49  executive  officer of the New York state energy research and development
    50  authority, the chair of the public service commission, and  the  commis-
    51  sioner of the department of labor;
    52    (b)  Two  trustees  to  be appointed by the governor with consent from
    53  both houses of the legislature,
    54    (c) Three trustees to be appointed by the temporary president  of  the
    55  senate, and
    56    (d) Three trustees to be appointed by the speaker of the assembly.

        A. 6967                            46
 
     1    2.  The  board  shall be chaired by a board member elected by the full
     2  board, who shall not be an ex officio member.
     3    3. At the time of appointment and for the duration of service:
     4    (a)  At  least one board appointee shall live in each of the following
     5  regions: western New York, the finger lakes region,  central  New  York,
     6  the  southern  tier,  mohawk  valley, the north country, mid-hudson, and
     7  long island;
     8    (b) At minimum three board appointees shall be representative of envi-
     9  ronmental justice communities;
    10    (c) One shall be a representative of a youth organization who is under
    11  the age of twenty-six years old; and
    12    (d) All trustees appointed under  this  section  shall  have  relevant
    13  experience  in any or all of the following areas: utility, environmental
    14  justice, energy markets,  energy  systems,  organized  labor,  workforce
    15  development, sustainable land use, transportation, and clean energy.
    16    4.  Of the appointed board trustees, four shall serve initial terms of
    17  three years, while the remaining four shall serve initial terms of  four
    18  years. Thereafter, all terms shall be for a period of four years. In the
    19  event  of a vacancy occurring in the office of a board trustee by death,
    20  resignation  or  otherwise,  the  respective  appointing  officer  shall
    21  appoint  a  successor who shall hold office for the unexpired portion of
    22  such term.
    23    5. A quorum for the purposes of organizing the authority and  conduct-
    24  ing business thereof shall mean fifty percent plus one.
    25    6. No board trustee shall receive a salary, but each shall be entitled
    26  to  reimbursement  for  reasonable expenses in the performance of duties
    27  assigned under this title.
    28    7. Notwithstanding the provisions of any other law, any trustee, offi-
    29  cer or employee of the state, a state agency, or a municipality shall be
    30  deemed to have forfeited or shall forfeit their office or employment  by
    31  reason of their acceptance of a board trustee position on the authority.
    32    § 2799-xxxx. Officers and employees; expenses. 1. Pursuant to authori-
    33  ty  duly  delegated  to  him  or her, a director from time to time shall
    34  hire, without regard to any personnel or civil  service  law,  rule,  or
    35  regulation of the state and in accordance with guidelines adopted by the
    36  board, such officers, employees and consultants, as they may require for
    37  the  performance  of  their  duties  and  shall prescribe the duties and
    38  compensation of each such officer, employee  or  consultant.    Notwith-
    39  standing  the provisions of any general, special or local law, the board
    40  may determine that, if any pension or retirement plan becomes inapplica-
    41  ble or is terminated, all or such class or classes of employees  of  the
    42  authority  as the board may determine may elect to become members of the
    43  New York state employees' retirement system on the basis of compensation
    44  payable to them by the authority.
    45    2. Officers and employees of any state agency, department or  division
    46  may  be transferred to the authority, and officers, and employees of the
    47  authority may be transferred to any state agency, department,  or  divi-
    48  sion without examination and without loss of any civil service status or
    49  rights. No such transfer from the authority to any state agency, depart-
    50  ment, or division shall be made without the approval of the head of such
    51  state  agency,  department,  or division and the director of the budget,
    52  and such transfer shall be in compliance with the rules and  regulations
    53  of the state civil service commission.
    54    §  2799-yyyy.  Powers and duties of the authority. 1. Except as other-
    55  wise limited by this title, the authority shall have all of  the  powers

        A. 6967                            47
 
     1  necessary or convenient to carry out the purposes and provisions of this
     2  title, including but not limited to, the power to:
     3    (a)  Sue  and  be sued in all courts and to participate in actions and
     4  proceedings, whether judicial, administrative, arbitrative or otherwise;
     5    (b) Have a corporate seal, to alter such seal at pleasure, and to  use
     6  such seal by causing such seal or be affixed, impressed or reproduced in
     7  any manner deemed appropriate;
     8    (c)  Appoint  officers,  agents  and  employees, without regard to any
     9  personnel or civil service law, rule or regulation of the state  and  in
    10  accordance  with guidelines adopted by the authority, to prescribe their
    11  duties and qualifications and to fix and pay their compensation;
    12    (d) Purchase, receive, take by grant, gift, devise, bequest or  other-
    13  wise,  lease,  or  otherwise acquire, own, hold, improve, employ, use or
    14  otherwise deal in or with, real or personal property whether tangible or
    15  intangible, or any interest therein, within the state;
    16    (e) Acquire real or personal property, whether tangible or intangible,
    17  including without limitation, property rights,  interests  in  property,
    18  franchises,  obligations,  contracts, debt and equity securities, by the
    19  exercise of the power of eminent domain;
    20    (f) Sell, convey, lease,  exchange,  transfer,  abandon  or  otherwise
    21  dispose of, or mortgage, pledge or create a security interest in, all or
    22  any  of  its  assets, properties or any interest therein, wherever situ-
    23  ated;
    24    (g) Purchase, take, receive,  subscribe  for,  or  otherwise  acquire,
    25  hold,  make  a  tender  offer  for,  vote,  employ,  sell,  lend, lease,
    26  exchange, transfer, or otherwise dispose of, mortgage, pledge or grant a
    27  security interest in, use or otherwise deal in and with, bonds and other
    28  obligations, shares or other securities or interests therein, issued  by
    29  others, whether engaged in a similar or different business or activity;
    30    (h) Make and execute agreements, contracts or other instruments neces-
    31  sary  or  convenient  in the exercise of the powers and functions of the
    32  authority under this title, including contracts with any  person,  firm,
    33  corporation,  municipality,  state  agency or other entity in accordance
    34  with the provisions of section one hundred three of the general  munici-
    35  pal  law,  and all state agencies and all municipalities shall hereby be
    36  authorized to enter into and do all things necessary to perform any such
    37  agreement, contract or other such instrument with the authority;
    38    (i) Borrow money at such rate or rates of interest  as  the  authority
    39  may  determine,  issue its notes, bonds or other obligations to evidence
    40  such indebtedness, and secure any of  its  obligations  by  mortgage  or
    41  pledge  of  all or any of its property or any interest therein, wherever
    42  situated;
    43    (j) Arrange for guarantees of its bonds, notes or other obligations by
    44  the federal government or by any private insurer or  otherwise,  and  to
    45  pay any premiums therefor;
    46    (k)  Issue  such  bonds  or  notes  or other obligations regardless of
    47  whether the income therefrom is exempt from federal income taxation;
    48    (l) Purchase bonds, notes or other obligations  of  the  authority  at
    49  such price or prices as the authority may determine;
    50    (m)  Lend money, invest and reinvest its funds, and take and hold real
    51  and personal property as security for the payment of funds so loaned  or
    52  invested;
    53    (n)  Procure insurance against any loss in connection with its proper-
    54  ties or operations in such amount or amounts  and  from  such  insurers,
    55  including the federal government, as it may deem necessary or desirable,
    56  and to pay any premiums therefor;

        A. 6967                            48
 
     1    (o) Create or acquire one or more wholly owned subsidiaries in accord-
     2  ance with section twenty-seven hundred ninety-nine-aaaaa of this title;
     3    (p)  Negotiate  and  enter  into agreements with trustees or receivers
     4  appointed by United States bankruptcy courts or federal district  courts
     5  or  in other proceedings involving adjustment of debts, and to authorize
     6  legal counsel for the authority to appear in any such proceedings;
     7    (q) File a petition under chapter nine of title eleven of  the  United
     8  States  bankruptcy code, or to take other similar action for the adjust-
     9  ment of its debts;
    10    (r) Enter into management agreements for the operation of all  or  any
    11  of the property or facilities owned by the authority;
    12    (s) Maintain an office or offices at such place or places in the state
    13  as it may determine;
    14    (t) Make any inquiry, investigation, survey or study which the author-
    15  ity  may  deem  necessary  to  enable it to effectively to carry out the
    16  provisions of this title, and to  require  the  production  of  records,
    17  books,  papers,  accounts and other documents, including public records,
    18  and to make copies thereof or extracts therefrom;
    19    (u) Adopt, revise, amend and repeal rules and regulations with respect
    20  to its operations, properties and facilities, and  projects  as  may  be
    21  necessary or convenient to carry out the purposes of this title, subject
    22  to the provisions of the state administrative procedure act;
    23    (v)  From  time  to time enter into agreements with the New York state
    24  energy research and development authority, the  department  of  environ-
    25  mental  conservation,  the  New  York power authority, the department of
    26  labor, the department of state, the metropolitan transit  authority,  or
    27  any  other  relevant  entity,  to  finance the capital costs of projects
    28  authorized pursuant to section eighty-eight-b of the state finance  law,
    29  and to issue bonds and notes for capital projects approved by the board,
    30  provided  that  each provision of this title relating to bonds and notes
    31  which are not inconsistent with the provisions  of  this  section  shall
    32  apply to the bonds and notes authorized by this section;
    33    (w)  Fix  and  collect  such  fees, rentals and charges for use of the
    34  authority or any part thereof necessary or convenient to produce  suffi-
    35  cient  revenue  to meet the obligations of the authority as described in
    36  sections twenty-seven hundred ninety-nine-sssss and twenty-seven hundred
    37  ninety-nine-uuuu of this title;
    38    (x) Request support and services to the office from  any  other  state
    39  agency or authority;
    40    (y)  Transfer  employees of any state agency pursuant to section twen-
    41  ty-seven hundred ninety-nine-xxxx; and
    42    (z) Levy fines and fees.
    43    § 2799-zzzz. Contracts negotiated by the authority. Contracts  negoti-
    44  ated  by  the authority as authorized under section twenty-seven hundred
    45  ninety-nine-yyyy of this title shall be entered  into  and  executed  as
    46  follows:
    47    1.  (a) The authority shall develop a procurement policy to ensure the
    48  wise and prudent use of public money in the best interest  of  New  York
    49  state  residents;  guard  against favoritism, fraud, and corruption; and
    50  ensure that contracts are awarded consistent with law and on  the  basis
    51  of  best  value,  including, but not limited to, the following criteria:
    52  quality, cost, efficiency, and maximization of public benefits including
    53  environmental justice and the creation of high-quality jobs.
    54    (b) The authority shall establish guidelines governing the  qualifica-
    55  tions  of  bidders  entering  into contracts relating to electric school
    56  buses and charging infrastructure, rolling stock  and  charging  infras-

        A. 6967                            49
 
     1  tructure for transit authorities, and large scale renewable projects. In
     2  determining  whether  a  prospective bidder qualifies for inclusion on a
     3  list of qualified bidders for contracts related to electric school buses
     4  and  charging infrastructure, transit authority rolling stock and charg-
     5  ing infrastructure, and large scale  renewable  projects  the  authority
     6  shall consider prospective bidders' experience, financial capability and
     7  responsibility,  and  past performance, including performance on meeting
     8  U.S. employment plan and  local  employment  plan,  as  such  terms  are
     9  defined  by  article eight-B of the labor law, commitments under section
    10  twenty-seven hundred ninety-nine-wwwww of this title.
    11    (c) All  purchase  contracts  for  supplies,  materials  or  equipment
    12  involving  an estimated expenditure in excess of one million dollars for
    13  school buses and charging infrastructure, or five  million  dollars  for
    14  any  other  projects, shall be awarded by the authority to a bidder that
    15  provides the best value to the authority after  obtaining  proposals  in
    16  the  manner established by the U.S. employment plan and local employment
    17  plan, as such terms are defined by article eight-B  of  the  labor  law,
    18  under  the  climate  manufacturing  careers  policy  under  twenty-seven
    19  hundred ninety-nine-wwwww of this  title.    The  authority  shall  also
    20  utilize   the  climate  manufacturing  careers  policy  when  evaluating
    21  procurements made directly by the authority. All  contracts  for  public
    22  work  involving  an  estimated  expenditure  in  excess  of five million
    23  dollars shall comply with the labor, project performance,  U.S.  employ-
    24  ment  plan  and local employment plan requirements of article eight-B of
    25  the labor law.
    26    2. After agreement upon the terms of any contract under  this  section
    27  shall  have  been  reached  by  the authority and a third party or third
    28  parties, the authority shall promptly transmit a copy of  such  proposed
    29  contract  to  the  governor,  the  speaker of the assembly, the minority
    30  leader of the assembly, the chairman of the assembly committee  on  ways
    31  and means, the temporary president of the senate and the minority leader
    32  of  the  senate  and  the  chairman of the senate finance committee, and
    33  shall hold a public hearing or hearings upon the terms thereof. No  less
    34  than  thirty  days'  notice  of  such  hearing  shall be provided by the
    35  authority by publication once per week during such period in six newspa-
    36  pers within the state to be selected by the authority.  Copies  of  such
    37  proposed  contract  shall be available for public inspection during such
    38  period of thirty days at the office or offices of the authority  and  at
    39  such other places throughout the state as the authority may designate.
    40    3.  Following  a public hearing under subdivision two of this section,
    41  the authority shall reconsider the terms of  the  proposed  contract  or
    42  contracts  and  shall  negotiate  such changes and modifications in such
    43  contract or contracts as it then deems necessary or advisable.
    44    4. When a contract or contracts are agreed upon in terms  satisfactory
    45  to  the  authority and all other parties to such contract, and which the
    46  authority believes to be in the public  interest,  the  authority  shall
    47  thereupon  report such proposed contract or contracts, together with the
    48  authorities recommendations and the record of the public hearings there-
    49  on, to the speaker of the assembly, the chairman of the assembly commit-
    50  tee on ways and means, the temporary president of the senate, the chair-
    51  man of the senate finance committee,  and  the  governor.  The  governor
    52  shall,  within  sixty  days  thereafter, indicate his or her approval or
    53  disapproval thereof and give his or her reasons  for  such  approval  or
    54  disapproval.
    55    5.  If the governor shall approve a contract, then such contract shall
    56  be executed by the president and the chair of the board of the authority

        A. 6967                            50
 
     1  and such contract shall thereupon come into full force and effect and be
     2  binding upon the authority and all other parties thereto  in  accordance
     3  with such contract's terms.
     4    §  2799-aaaaa.  Subsidiaries. 1. The authority shall have the right to
     5  exercise and perform all or part of its powers and functions through one
     6  or more wholly owned subsidiaries by acquiring the voting shares  there-
     7  of,  or  by resolution of the board directing any of its trustees, offi-
     8  cers or employees to organize a subsidiary corporation pursuant  to  the
     9  business  corporation  law,  the  not-for-profit  corporation law or the
    10  transportation corporations law. Such  resolution  shall  prescribe  the
    11  purpose for which such subsidiary corporation shall be formed.
    12    2.  The  authority  may transfer to any of its subsidiary corporations
    13  any moneys, property (real, personal or mixed), or facilities  in  order
    14  to  carry  out  the  purposes of this title. Each such subsidiary corpo-
    15  ration shall have all the privileges,  immunities,  tax  exemptions  and
    16  other exemptions of the authority to the extent such privileges, immuni-
    17  ties,  tax exemptions and other exemptions are not inconsistent with any
    18  laws under which such subsidiary was incorporated.
    19    § 2799-bbbbb. Notes of the authority. 1. The authority shall have  the
    20  power and is hereby authorized from time to time to issue its negotiable
    21  notes in conformity with applicable provisions of the uniform commercial
    22  code for any corporate purpose and to refund from time to time any notes
    23  by  the  issuance of new notes, whether the notes to be refunded have or
    24  have not matured. The authority may  issue  notes  partially  to  refund
    25  notes  or to discharge other obligations then outstanding, and partially
    26  for any other corporate purpose of the  authority.  Such  notes  may  be
    27  authorized,  sold,  executed  and delivered in the same manner as bonds.
    28  Any resolution or resolutions authorizing notes of the authority or  any
    29  issue  thereof may contain any provisions which the authority is author-
    30  ized to include in any resolution or resolutions  authorizing  bonds  of
    31  the authority or any issue thereof, and the authority may include in any
    32  notes  any  terms,  covenants  or  conditions  which it is authorized to
    33  include in any bonds.
    34    2. In the event the authority pledges its revenues under a  resolution
    35  authorized  by  this  section,  such  resolution  shall not prohibit the
    36  authority from financing for additional corporate  purposes,  authorized
    37  by  law,  secured  by  an additional pledge of such revenues. Such addi-
    38  tional pledge of revenues may, in the discretion of  the  authority,  be
    39  subordinate  to  the pledge of such revenues securing other bonds, notes
    40  or other evidence of indebtedness of the authority.  Provided,  however,
    41  the  authority shall not make any such additional pledge if the security
    42  of the bonds, notes or other evidences of indebtedness previously issued
    43  shall be impaired as a result thereof.
    44    3. Neither the members of the board nor any person executing the notes
    45  or bonds shall be liable personally on the notes or bonds, or  shall  be
    46  subject  to  any  personal  liability or accountability by reason of the
    47  issuance thereof.
    48    § 2799-ccccc. Bonds of the authority.  1.  The  authority  shall  have
    49  power and is hereby authorized from time to time to issue its negotiable
    50  bonds in conformity with applicable provisions of the uniform commercial
    51  code for any purpose authorized by this title, including without limita-
    52  tion to:
    53    (a)  acquire any real or personal property or facilities deemed neces-
    54  sary by the authority;
    55    (b) pay interest on bonds or notes of the authority;
    56    (c) establish reserves to secure such bonds and notes;

        A. 6967                            51
 
     1    (d) establish or maintain  such  other  funds  or  accounts  for  such
     2  purpose  or  purposes  as the authority may deem necessary or desirable;
     3  and
     4    (e)  to  pay all other expenses of the authority incident to the issu-
     5  ance of such bonds or notes.
     6    2. Except as may be otherwise expressly provided by the authority, the
     7  bonds and notes of every issue  shall  be  general  obligations  of  the
     8  authority  payable  out  of  any  moneys  or  revenues of the authority,
     9  subject only to any agreements with the holders of particular  bonds  or
    10  notes, or any trustee therefor, pledging any particular moneys or reven-
    11  ues.
    12    3. The authority shall have power from time to time, whenever it deems
    13  refunding  expedient,  to refund any bonds by the issuance of new bonds,
    14  whether the bonds to be refunded have or have not matured, and may issue
    15  bonds partly to refund bonds then outstanding and partly for  any  other
    16  corporate purpose of the authority. Refunding bonds may be exchanged for
    17  the  bonds  to be refunded, with such cash adjustments as may be agreed,
    18  or may be sold with the proceeds applied to  the  purchase,  payment  or
    19  provision for payment of the bonds to be refunded.
    20    4. Bonds may be issued, payable in annual installments, as term bonds,
    21  or  both.  Bonds  shall  be authorized by resolution of the board of the
    22  authority and shall bear such date or dates,  mature  at  such  time  or
    23  times,  not  exceeding  fifty  years  from  their respective dates, bear
    24  interest at such rate or rates, be in such  denominations,  be  in  such
    25  form,  either  coupon or registered, carry such registration privileges,
    26  be executed in such manner, be payable in lawful  money  of  the  United
    27  States of America or by check at such place or places, and be subject to
    28  such terms of redemption, as such resolution or resolutions may provide.
    29  In the event that term bonds are issued, the resolution authorizing such
    30  term  bonds  may  make such provisions for the establishment and mainte-
    31  nance of sinking funds for the payment thereof as the authority may deem
    32  necessary or appropriate. Bonds or  notes  may  be  sold  at  public  or
    33  private  sale  at  such price or prices as the authority shall determine
    34  but shall not be sold by the authority at private sale unless such  sale
    35  and  terms  thereof  have  been  approved  in writing by the state comp-
    36  troller. Pending preparation of definitive bonds or notes, the authority
    37  may issue bonds or notes in temporary form which shall be exchanged  for
    38  bonds or notes in definitive form when available.
    39    5. Any resolution or resolutions authorizing any bonds or any issue of
    40  bonds may:
    41    (a)  delegate  to an officer or officers of the authority the power to
    42  approve the issuance of bonds from time to time and to fix  the  details
    43  of  any  such  bonds or issues of bonds by an appropriate certificate of
    44  such authorized officer or officers; and
    45    (b) contain provisions, which shall be a part of the contract with the
    46  holders of the bonds to be authorized as to:
    47    (i) Pledging or creating a lien on all or  any  part  of  the  moneys,
    48  revenues  or  properties  of  the authority to secure the payment of the
    49  bonds or of any particular issue of bonds or any portion of any issue of
    50  bonds, subject to such agreements with bondholders as may then exist;
    51    (ii) The rates, fees and other charges to be charged, and the  amounts
    52  to  be  raised  in each year thereby, and the use and disposition of the
    53  revenues;
    54    (iii) The setting aside of reserves or sinking funds,  and  the  regu-
    55  lation and disposition thereof;

        A. 6967                            52
 
     1    (iv)  Limitations  on the right of the authority to restrict and regu-
     2  late the use of any of its property;
     3    (v)  Limitations  on  the purpose to which the proceeds of sale of any
     4  issue of bonds then or thereafter to be issued may be applied;
     5    (vi) Limitations on the issuance of additional bonds, the  terms  upon
     6  which  additional  bonds may be issued and secured, and the refunding of
     7  outstanding bonds;
     8    (vii) The procedure, if any, by which the terms of any  contract  with
     9  bondholders  may  be  amended,  the  amount or percentage of outstanding
    10  bonds the holders of which must consent thereto, and the manner in which
    11  such consent may be given;
    12    (viii) Defining the acts or omissions to act which shall constitute  a
    13  default  in  the  duties of the authority to holders of its obligations,
    14  and providing the rights and remedies of such holders or  of  a  trustee
    15  acting on their behalf in the event of a default; and
    16    (ix)  Any  other matters, which may affect the security and protection
    17  of the bonds and the rights of the holders thereof.
    18    6. It is the intention of the legislature that any pledge  of  moneys,
    19  revenues  or  property  or  of a revenue producing contract or contracts
    20  made by the authority shall be valid and binding from the time when  the
    21  pledge  is  made;  that  the moneys, revenues or proceeds so pledged and
    22  thereafter received by the authority shall immediately be subject to the
    23  lien of such pledge without any physical  delivery  thereof  or  further
    24  act;  and that the lien of any such pledge shall be valid and binding as
    25  against all parties having claims of  any  kind  in  tort,  contract  or
    26  otherwise  against  the  authority  irrespective of whether such parties
    27  have notice thereof. Neither the resolution nor any other instrument  by
    28  which  a  pledge  or  lien is created pursuant to this subdivision shall
    29  need to be recorded in order to perfect such pledge or lien.
    30    7. Neither the trustees of the authority nor any person executing  the
    31  bonds  or  notes  shall be liable personally on the bonds or notes or be
    32  subject to any personal liability or accountability  by  reason  of  the
    33  issuance thereof.
    34    8.  The  authority shall have the power to, out of any funds available
    35  therefor, purchase bonds or notes at such price or prices  as  it  deems
    36  advisable.  The authority may hold, pledge, cancel or resell such bonds,
    37  subject to agreements with bondholders.
    38    9. All bonds, notes and other  obligations  issued  by  the  authority
    39  under  the  provisions  of  this  title shall have all the qualities and
    40  incidents of negotiable instruments under the  applicable  laws  of  the
    41  state  and  all municipalities and municipal subdivisions. All insurance
    42  companies and associations and other persons carrying  on  an  insurance
    43  business, all banks, bankers, trust companies, savings banks and savings
    44  associations, including savings and loan associations, building and loan
    45  associations, investment companies and other persons carrying on a bank-
    46  ing  business,  and  all other persons whatsoever, except as hereinafter
    47  provided, who are now or may hereafter be authorized to invest in  bonds
    48  or other obligations of the state, may properly and legally invest funds
    49  including  capital in their control or belonging to them; provided that,
    50  notwithstanding the provisions of any other general or  special  law  to
    51  the contrary, such bonds and notes shall not be eligible for the invest-
    52  ment  of  funds,  including capital, of trusts, estates or guardianships
    53  under the control of individual  administrators,  guardians,  executors,
    54  trustees or other individual fiduciaries except when any such individual
    55  fiduciary  shall  be  acting in such capacity with one or more corporate
    56  co-fiduciaries. The bonds and notes shall be  securities  which  may  be

        A. 6967                            53
 
     1  deposited  with  and shall be received by all public officers and bodies
     2  of this state and all municipalities and municipal subdivisions for  any
     3  purpose  for  which  the  deposit  of bonds or other obligations of this
     4  state is now or may hereafter be authorized.
     5    §  2799-ddddd.  Guaranty  by the state. 1. To the extent authorized by
     6  the state constitution at the time of the issuance of  notes  or  bonds,
     7  the punctual payment of the notes and bonds shall be, fully and uncondi-
     8  tionally  guaranteed  by  the  state, both as to principal and interest,
     9  according to their terms; and such guaranty shall be expressed upon  the
    10  face  thereof by the signature or facsimile signature of the comptroller
    11  or a deputy comptroller. In the event that the authority shall  fail  to
    12  pay  when due, the principal of, or interest on, the notes or bonds, the
    13  comptroller shall pay the holder thereof, and thereupon the state  shall
    14  be subrogated to the rights of the noteholders or bondholders so paid.
    15    2. The authority shall have power to issue notes and bonds without the
    16  guaranty of the state and may issue such notes or bonds before and after
    17  the issuance of notes or bonds guaranteed.
    18    3. When guaranteed notes or guaranteed bonds are outstanding, notes or
    19  bonds  secured  by a pledge of receipts or revenues having priority over
    20  such outstanding guaranteed notes  or  guaranteed  bonds  shall  not  be
    21  issued,  except  with  the  consent  of  the comptroller, and unless the
    22  authority shall by resolution first find and  determine  that,  notwith-
    23  standing  such  pledge,  the authority shall have adequate means to meet
    24  its obligations to the holders of such outstanding guaranteed  notes  or
    25  bonds.
    26    4. When notes or bonds are outstanding secured by a pledge of receipts
    27  or revenues, guaranteed notes or bonds either unsecured, or secured by a
    28  pledge  of  receipts or revenues subordinate to the pledge securing such
    29  outstanding notes or bonds, shall not be  issued  unless  the  authority
    30  shall  first  find  and determine by resolution that notwithstanding the
    31  pledge securing such outstanding notes or bonds, the authority will have
    32  adequate means to meet its obligations on the guaranteed notes or  bonds
    33  about to be issued.
    34    §  2799-eeeee.  State  and  municipalities  not liable on the bonds or
    35  notes.  Notes and other obligations of the authority shall not be a debt
    36  of the state or of any municipality, and neither the state nor any muni-
    37  cipality shall be liable thereon. The authority shall not have the power
    38  to pledge the credit, the revenues or the taxing power of the  state  or
    39  of any municipality, and neither the credit, the revenues nor the taxing
    40  power  of  the state or of any municipality shall be, or shall be deemed
    41  to be, pledged to the payment of any bonds, notes or  other  obligations
    42  of  the  authority.  Each  evidence  of  indebtedness  of the authority,
    43  including the bonds and notes of the authority, shall  contain  a  clear
    44  and explicit statement of the provisions of this section.
    45    §  2799-fffff.  Legal  investments.  Any  bonds or notes issued by the
    46  authority are hereby made securities in which all  public  officers  and
    47  bodies of this state and all municipalities, all insurance companies and
    48  associations  and  other  persons carrying on an insurance business, all
    49  banks, bankers, trust companies, savings banks and savings associations,
    50  including savings and loan associations, building and loan associations,
    51  investment companies and other persons carrying on a  banking  business,
    52  all  trusts, estates and guardianships and all other persons whatsoever,
    53  who are now or may hereafter be authorized to invest in bonds  or  other
    54  obligations of the state, may properly and legally invest funds, includ-
    55  ing  capital  in their control or belonging to them. The bonds and notes
    56  shall also be securities which  may  be  deposited  with  and  shall  be

        A. 6967                            54
 
     1  received  by all public officers and bodies of the state and all munici-
     2  palities for any purpose for which the deposit of bonds or  other  obli-
     3  gations of the state is now or may hereafter be authorized.
     4    §  2799-ggggg.  Deposit  and investment of monies of the authority. 1.
     5  All moneys of the authority from whatever source derived shall  be  paid
     6  to  the  comptroller  as agent of the authority, who shall not commingle
     7  such moneys with any other moneys. Such moneys shall be deposited  in  a
     8  separate  bank account or accounts. The moneys in such accounts shall be
     9  paid out on check of the comptroller on requisition of  the  chairperson
    10  of  the authority or of such other person as the authority may authorize
    11  to make such requisition. All deposits of such moneys shall, if required
    12  by the comptroller or the authority, be secured by  obligations  of  the
    13  United States or of the state of New York of a market value equal at all
    14  times to the amount of the deposit and all banks and trust companies are
    15  authorized  to give such security for such deposits. The comptroller and
    16  his or her legally authorized representatives shall  be  authorized  and
    17  empowered  from  time  to  time to examine the accounts and books of the
    18  authority, including its  receipts,  disbursements,  contracts,  leases,
    19  sinking  funds, investments and any other matters relating to its finan-
    20  cial standing.
    21    2. Notwithstanding the provisions of this section, the authority shall
    22  have power, subject to the approval of the comptroller, to contract with
    23  the holders of any of its notes or bonds as to the custody,  collection,
    24  securing,  investment and payment of any moneys of the authority, or any
    25  moneys held in trust or otherwise for the payment of notes or  bonds  or
    26  in any way to secure notes or bonds, and to carry out any such contract.
    27  Moneys  held  in trust or otherwise for the payment of notes or bonds or
    28  in any way to secure notes or bonds and deposits of such moneys  may  be
    29  secured in the same manner as moneys of the authority, and all banks and
    30  trust  companies  shall  be  authorized  to  give such security for such
    31  deposits. Moneys of the authority not required for immediate use may, in
    32  the discretion of the authority, be invested by the comptroller in obli-
    33  gations in which the comptroller may invest pursuant to section  ninety-
    34  eight-a of the state finance law. Subject to agreements with noteholders
    35  and bondholders and the approval of the comptroller, the authority shall
    36  prescribe a system of accounts.
    37    §  2799-hhhhh. Agreement of the state. 1. The state shall not limit or
    38  alter the rights hereby vested in the authority to establish and collect
    39  such fees, rentals and charges as may  be  convenient  or  necessary  to
    40  produce sufficient revenue to meet the expense of maintenance and opera-
    41  tion and to fulfill the terms of any agreements made with the holders of
    42  notes,  bonds,  or  other obligations of the authority not guaranteed by
    43  the state, or in any way impair the rights and remedies of such  holders
    44  until such notes, bonds, and other obligations, together with the inter-
    45  est  thereon,  with interest on any unpaid installments of interest, and
    46  all costs and expenses in connection with any action or  proceedings  by
    47  or on behalf of such holders, are fully met and discharged.
    48    2.  The  state shall pledge to and agree with the holders of any notes
    49  or bonds of the authority, not guaranteed by the  state,  secured  by  a
    50  pledge  of the fees or other revenues or any part thereof so long as the
    51  obligations of such bonds for principal and interest shall not have been
    52  paid or otherwise discharged;
    53    3. Nothing in this title shall be construed as diminishing or  enlarg-
    54  ing any valid existing rights under any license heretofore issued pursu-
    55  ant to the provisions of the federal power act.

        A. 6967                            55
 
     1    § 2799-iiiii. Exemption from taxation. 1. The operation of the author-
     2  ity shall be primarily for the benefit of the people of the state of New
     3  York,  for  the improvement of their health, welfare and prosperity, and
     4  is a public purpose, and the authority shall be regarded  as  performing
     5  an  essential  governmental  function  in carrying out the provisions of
     6  this title.
     7    2. The property of the authority and its income and  operations  shall
     8  be exempt from taxation.
     9    §  2799-jjjjj. Tax covenant. The tax covenants with the purchasers and
    10  with all subsequent holders and transferees of notes and bonds issued by
    11  the authority, in consideration of the acceptance of and payment for the
    12  notes and bonds, that the notes and bonds of the authority issued pursu-
    13  ant to this title and the income therefrom and all  its  fees,  charges,
    14  rents, gifts, grants, revenues, receipts and other moneys received or to
    15  be received, pledged to pay or secure the payment of such notes or bonds
    16  shall at all times be free from taxation except for estate or gift taxes
    17  and taxes on transfers.
    18    §  2799-kkkkk.  Repayment  of state appropriations. All appropriations
    19  made by the state to the authority shall be treated as advances  by  the
    20  state  to  the  authority,  and  shall  be repaid to it without interest
    21  either out of the proceeds of bonds issued by the authority pursuant  to
    22  the provisions of this title, or by the delivery of non-interest bearing
    23  bonds  of  the  authority  to  the  state  for  all  or any part of such
    24  advances, or out of excess revenues of the authority, at such times  and
    25  on  such  conditions  as  the state and the authority may mutually agree
    26  upon.
    27    § 2799-lllll. Equal employment opportunity  and  minority  and  women-
    28  owned  business  enterprise programs.   1. All contracts entered into by
    29  the authority pursuant to this title of whatever nature  and  all  docu-
    30  ments soliciting bids or proposals therefor shall contain or make refer-
    31  ence to the following provisions:
    32    (a)  The contractor shall not discriminate against employees or appli-
    33  cants for employment because of race,  creed,  color,  national  origin,
    34  sex, age, disability, marital status, sexual orientation, gender identi-
    35  ty or expression, familial status, predisposing genetic characteristics,
    36  military  status,  or  status as a victim of domestic violence and shall
    37  undertake or continue existing programs of affirmative action to  ensure
    38  that  minority  group  persons  and women are afforded equal opportunity
    39  without discrimination. Such programs shall include, but not be  limited
    40  to,  recruitment,  employment,  job  assignment,  promotion,  upgrading,
    41  demotion, transfer, layoff, termination, rates of pay or other forms  of
    42  compensation,  and  selection  for  training  and  retraining, including
    43  apprenticeship and on-the-job training;
    44    (b) At the request of the authority, the contractor shall request each
    45  employment agency, labor union, or authorized representative of  workers
    46  with  which  it has a collective bargaining or other agreement or under-
    47  standing and which is involved in the performance of the  contract  with
    48  the  authority to furnish a written statement that such employment agen-
    49  cy, labor union or representative  shall  not  discriminate  because  of
    50  race,  creed,  color,  national  origin,  sex,  age, disability, marital
    51  status, sexual orientation,  gender  identity  or  expression,  familial
    52  status, predisposing genetic characteristics, military status, or status
    53  as  a  victim of domestic violence and that such union or representative
    54  shall cooperate in the implementation of  the  contractor's  obligations
    55  under this paragraph;

        A. 6967                            56
 
     1    (c) The contractor shall state, in all solicitations or advertisements
     2  for  employees  placed by or on behalf of the contractor in the perform-
     3  ance of the contract with the authority that  all  qualified  applicants
     4  shall  be  afforded  equal employment opportunity without discrimination
     5  because  of race, creed, color, national origin, sex, age, disability or
     6  marital status; and
     7    (d) The contractor shall include  the  provisions  of  paragraphs  (a)
     8  through  (c)  of this subdivision in every subcontract or purchase order
     9  in such a manner that such provisions shall be binding  upon  each  such
    10  subcontractor.
    11    2.  The  authority shall establish measures, procedures and guidelines
    12  to ensure  that  contractors  and  subcontractors  undertake  meaningful
    13  programs  to  employ  and  promote  qualified minority group members and
    14  women. Such procedures may require after notice in a  bid  solicitation,
    15  the  submission  of  a  minority and women workforce utilization program
    16  prior to the award of any contract, or at any time thereafter,  and  may
    17  require  the  submission of compliance reports relating to the operation
    18  and implementation of any workforce utilization  program  adopted  here-
    19  under.  The authority may take appropriate action, including the imposi-
    20  tions  of  sanctions  for non-compliance to effectuate the provisions of
    21  this section and shall be responsible  for  monitoring  compliance  with
    22  this title.
    23    3. In the performance of projects pursuant to this title, minority and
    24  women-owned  business  enterprises  shall  be  given the opportunity for
    25  meaningful participation. The  authority  shall  establish  quantifiable
    26  standards and measures and procedures to secure meaningful participation
    27  and  identify  those  contracts and items of work for which minority and
    28  women-owned business enterprises may best bid to actively  and  affirma-
    29  tively  promote  and  assist  their  participation in projects, so as to
    30  facilitate the award of a fair share of contracts to  such  enterprises;
    31  provided,  however,  that  nothing  in  this title shall be construed to
    32  limit the ability of the authority to assure that qualified minority and
    33  women-owned business enterprises may participate in the program. For the
    34  purposes of this section, "minority business enterprise" shall mean  any
    35  business  enterprise which is at least fifty-one per centum owned by, or
    36  in the case of a publicly owned business, at least fifty-one per  centum
    37  of  the stock or other voting interest is owned by citizens or permanent
    38  resident aliens who are black, hispanic, asian, american indian, pacific
    39  islander, or alaskan  native,  and  such  ownership  interest  is  real,
    40  substantial  and  continuing  and  has  the  authority  to independently
    41  control the day to day business decisions of the entity for at least one
    42  year; and "women-owned business  enterprise"  shall  mean  any  business
    43  enterprise  which  is  at least fifty-one per centum owned by, or in the
    44  case of a publicly owned business, at least fifty-one per centum of  the
    45  stock  to other voting interests of which is owned by citizens or perma-
    46  nent resident aliens who are women, and such ownership interest is real,
    47  substantial and  continuing  and  has  the  authority  to  independently
    48  control the day to day business decisions of the entity for at least one
    49  year.    The  provisions  of  this subdivision shall not be construed to
    50  limit the ability of any minority business  enterprise  to  bid  on  any
    51  contract.
    52    4.  In  order  to  implement  the  requirements and objectives of this
    53  section, the authority shall establish procedures  to  monitor  contrac-
    54  tors'  compliance with provisions of this section, provide assistance in
    55  obtaining competing qualified minority and women-owned  business  enter-
    56  prises  to  perform contracts proposed to be awarded, impose contractual

        A. 6967                            57

     1  sanctions for non-compliance, and take  other  appropriate  measures  to
     2  improve the access of contracts for minority and women-owned businesses.
     3    §  2799-mmmmm. Prevailing wage. Whenever the authority enters into any
     4  contract, subcontract, lease, grant, bond, covenant or  other  agreement
     5  for  or in connection with any construction, demolition, reconstruction,
     6  excavation, rehabilitation, repair, renovation, alteration, or  improve-
     7  ment  project, such project shall be deemed to be a public works project
     8  for the purposes of article eight of the  labor  law,  and  all  of  the
     9  provisions  of article eight of the labor law shall be applicable to all
    10  the work involved in the construction, demolition, reconstruction, exca-
    11  vation, rehabilitation, repair, renovation, alteration or improvement of
    12  such  project.  Funds,  financial  assistance,  or  any  other  benefits
    13  provided  pursuant  to  this  article  shall  not  be utilized for or in
    14  connection with  the  construction,  demolition,  reconstruction,  exca-
    15  vation,  rehabilitation,  repair, renovation, alteration, or improvement
    16  of any project to which the provisions of article eight of the labor law
    17  are not applicable.
    18    § 2799-nnnnn. Audits and  annual  reports.  1.  The  accounts  of  the
    19  authority  shall  be subject to the supervision of the state comptroller
    20  and an annual audit shall  be  performed  by  an  independent  certified
    21  accountant selected by the authority, upon recommendation of its finance
    22  committee,  audit  committee and the advisory board. The authority shall
    23  submit a report of such audit annually to the governor, the state  comp-
    24  troller,  the  temporary  president  of  the  senate, the speaker of the
    25  assembly. A detailed report pursuant to the provisions of section  twen-
    26  ty-eight  hundred  of  this chapter shall be verified by the chairman of
    27  the authority.  The  authority  shall  comply  with  the  provisions  of
    28  sections  twenty-eight  hundred  one,  twenty-eight hundred two, twenty-
    29  eight hundred three, and twenty-eight hundred four of this chapter.
    30    2. The authority shall appoint an independent ombudsman,  upon  recom-
    31  mendation  of its finance committee, audit committee and advisory board,
    32  to each office of the authority for the purposes of oversight.
    33    § 2799-ooooo. Transparency. 1. The authority and all  subsidiaries  of
    34  the authority shall be subject to the provisions of article seven of the
    35  public officers law.
    36    2.  The  authority  and  all subsidiaries of the authority shall fully
    37  comply with all applicable open data requirements.
    38    (a) For purposes of compliance and transparency, the  authority  shall
    39  appoint  a chief data officer who shall create a regular public schedule
    40  of release of data.
    41    (b) The open data reporting shall include but not be limited to a list
    42  of all grantees and amounts of grants during each reporting period,  and
    43  any criteria used for the selection of grantees/fund recipients.
    44    3.  The  authority  and all subsidiaries of the authority shall proac-
    45  tively disclose all freedom of information  law  requests  made  to  the
    46  authority,  and  publish  on  the authority's website any public records
    47  which were released under such law.
    48    4. The authority and all subsidiaries of the authority shall  annually
    49  post a table of organization on its website that lists, at least:
    50    (a) All current board members;
    51    (b) Advisory board members;
    52    (c) Executive staff members;
    53    (d) An accurate organizational chart; and
    54    (e) Accurate contact information for all staff.
    55    5.  The authority and all subsidiaries of the authority shall at least
    56  annually report on their website, and to the comptroller and legislature

        A. 6967                            58
 
     1  a list of all grantees, fund recipients,  and  contracts.  Where  deemed
     2  appropriate,  all  reports generated by the authority whether under this
     3  section or otherwise shall provide a list of all grantees and amounts of
     4  grants  during  each  reporting  period,  and  any criteria used for the
     5  selection of grantees and fund recipients.
     6    § 2799-ppppp. Corporate existence. The  authority  and  its  corporate
     7  existence  shall  continue  until  terminated by law, provided, however,
     8  that no such law shall take effect so long as the authority  shall  have
     9  bonds, notes or other obligations outstanding, unless adequate provision
    10  has  been  made  for the payment thereof, or at which point the state of
    11  New York has reduced greenhouse gas emissions  by  eighty-five  percent,
    12  and  achieved a one hundred percent carbon free electricity procurement,
    13  and achieved seventy percent of energy acquired by renewable energy, and
    14  installed nine thousand megawatts of offshore wind energy, and installed
    15  three thousand megawatts of energy storage, and installed  six  thousand
    16  megawatts  of  solar  energy,  and  achieved  twenty-two million tons of
    17  carbon reduction through energy efficiency and electrification measures.
    18  Upon such occurrence authority shall cease to exist.
    19    § 2799-qqqqq. Conflicts of interest. 1.  If  any  member,  officer  or
    20  employee of the authority shall have an interest, either direct or indi-
    21  rect,  in  any contract to which the authority is, or is to be, a party,
    22  such interest shall be disclosed to the authority in writing  and  shall
    23  be  set  forth  in  the minutes of the authority. The member, officer or
    24  employee having such interest shall not participate in any action by the
    25  authority with respect to such contract.
    26    2. No member, officer or employee shall be  deemed  to  have  such  an
    27  interest solely by reason of the ownership of two percent or less of the
    28  securities of a corporation which is, or is to be, a party to a contract
    29  with  the authority, including without limitation the holding company of
    30  any banking institution in which the funds of the authority are, or  are
    31  to  be,  deposited or which is, or is to be, acting as trustee or paying
    32  agent under any bond or note  resolution,  trust  indenture  or  similar
    33  instrument to which the authority is a party.
    34    3.  Nothing  in this section shall be deemed or construed to limit the
    35  right of any board member, officer  or  employee  of  the  authority  to
    36  acquire an interest in bonds or notes of the authority.
    37    § 2799-rrrrr. Exculpation. 1. The trustees and officers of the author-
    38  ity,  while  acting  within  the scope of their authority as trustees or
    39  officers, shall not be  subject  to  any  personal  or  civil  liability
    40  resulting  from  the  exercise,  carrying  out or advocacy of any of the
    41  authority's purposes or powers, unless the conduct of  the  trustees  or
    42  officers  is  finally determined by a court of competent jurisdiction to
    43  constitute intentional wrongdoing.
    44    2. The provisions of section seventeen  of  the  public  officers  law
    45  shall  apply  to  trustees  and officers of the authority, in connection
    46  with any and all claims, demands, suits, actions  or  proceedings  which
    47  may  be  made or brought against any of them arising out of any determi-
    48  nations made or actions taken or omitted to be taken in compliance  with
    49  any obligations under or pursuant to the terms of this title.
    50    3.  Notwithstanding  any  other provisions of law to the contrary, the
    51  provisions of section eighteen of the public officers law shall apply to
    52  the employees of the authority, in connection with any and  all  claims,
    53  demands,  suits, actions or proceedings which may be brought against any
    54  of them arising out of any determinations made or actions taken or omit-
    55  ted to be taken in compliance with any obligations under or pursuant  to
    56  the terms of this title. Whenever the provisions of section seventeen of

        A. 6967                            59
 
     1  the  public officers law do not apply to the board trustees and officers
     2  of the authority, the provisions of section eighteen of the public offi-
     3  cers law shall apply to such board trustees and officers.
     4    4.  Any costs incurred by the state in accordance with subdivision two
     5  of this section shall be treated as advances by the state to the author-
     6  ity, and shall be repaid to  it  without  interest  either  out  of  the
     7  proceeds  of bonds issued by the authority pursuant to the provisions of
     8  this title, or by the delivery of  non-interest  bearing  bonds  of  the
     9  authority  to  the state for all or any part of such advances, or out of
    10  excess revenues of the authority, at such times and on  such  conditions
    11  as  the  state  and the authority mutually may agree upon. Any agreement
    12  entered into by the state and the authority for  the  repayment  of  any
    13  costs  incurred  pursuant  to  subdivision two of this section, shall be
    14  subject to the approval of the public authorities control board.
    15    5. As used  in  this  section,  the  terms  "trustee",  "officer"  and
    16  "employee"  shall  include a former trustee, officer or employee and his
    17  or her estate or judicially appointed personal representative.
    18    § 2799-sssss. Liberal interpretation. This title, being necessary  for
    19  the  prosperity  of  the  state  and its inhabitants, shall be liberally
    20  construed to affect the purposes of such title.
    21    § 2799-ttttt. Severability. The provisions  of  this  title  shall  be
    22  severable,  and  if any part or provision of this title, or the applica-
    23  tion thereof to any person or circumstance, shall  be  adjudged  by  any
    24  court  of  competent  jurisdiction  to be invalid or unenforceable, such
    25  judgment shall not affect, impair or invalidate the  remainder  of  this
    26  title  or  the  application  of  such  provision  to any other person or
    27  circumstance, but shall be confined in its operation to  the  provision,
    28  person  or  circumstance  directly  involved in the controversy in which
    29  such judgment shall have been rendered.
    30    § 2799-uuuuu. Inconsistent provisions of other laws superseded.  Inso-
    31  far as the provisions of this title are inconsistent with the provisions
    32  of any other law or any part thereof, the provisions of this title shall
    33  be controlling.
    34    §  2799-vvvvv.  Title not affected if in part unconstitutional. If any
    35  section, clause or provision of this title shall be unconstitutional  or
    36  be  ineffective in whole or in part, to the extent that it is not uncon-
    37  stitutional or ineffective, it shall be valid and effective and no other
    38  section, clause or provision shall on account thereof be deemed  invalid
    39  or ineffective.
    40    § 2799-wwwww. Climate manufacturing career policy. 1. Application. The
    41  authority shall develop a "climate manufacturing careers policy" for all
    42  projects exceeding five million dollars.
    43    2.  The  climate  manufacturing  careers policy shall require that all
    44  eligible lead applicants, eligible sub-applicants  and  labor  organiza-
    45  tions  participating  in  the  program  and applying for grants or loans
    46  administered by the authority have the option to submit  proposals  that
    47  utilize  the  U.S. employment plan, as defined by article eight-B of the
    48  labor law, or shall use the local  employment  plan  best-value  scoring
    49  criteria  as outlined in article eight-B of the labor law to: (a) create
    50  high-quality jobs and training programs for United States and  New  York
    51  state residents; (b) invest in new or existing manufacturing facilities;
    52  and  (c) generate employment opportunities for disadvantaged workers and
    53  disadvantaged communities as determined by the authority.
    54    3. Procedure. The climate manufacturing careers policy shall include a
    55  procedure under which the authority's procurement office shall  adminis-
    56  ter the review of the proposers' bid for the U.S. employment plan and/or

        A. 6967                            60
 
     1  local  employment  plan, as defined by article eight-B of the labor law,
     2  worksheet commitments and narrative. The procurement office shall  score
     3  such  commitments  to  determine awarding of the funds, grants or loans.
     4  The procurement office shall also review subsequent quarterly and annual
     5  reports  submitted  by the eligible lead applicants, eligible sub-appli-
     6  cants and labor organizations to show  fulfillment  of  the  commitments
     7  made  in  such  U.S.  employment plan and/or local employment plan work-
     8  sheets and narrative.
     9    4. Proposers shall include subcontractor and supplier participation to
    10  increase the U.S. jobs impact of the project. The climate  manufacturing
    11  careers  policy  shall detail a system for awarding U.S. employment plan
    12  and/or local employment plan, as defined by article eight-B of the labor
    13  law, commitment credit to proposers. Proposers shall receive  such  U.S.
    14  employment  plan  commitment  credit  for  subcontractors/suppliers with
    15  facilities in the United States.
    16    5. The climate manufacturing careers policy shall include  transparen-
    17  cy,  compliance, and enforcement procedures that, at a minimum, meet the
    18  requirements of article eight-B of the labor  law.  The  authority  will
    19  maintain a web page for each agreement that includes final contracts and
    20  U.S. employment plan and/or local employment plan, as defined by article
    21  eight-B of the labor law, compliance submissions.
    22    §  2799-xxxxx.  Additional  responsible  contracting  standards. 1. In
    23  order to ensure the best quality work and value for New York  state  and
    24  its  constituent communities, to the degree allowed by law a party which
    25  receives assistance from the state for the increase of energy  efficien-
    26  cy,  electrification  upgrades,  the  development of renewable energies,
    27  climate change resiliency, or other investments by  the  authority  over
    28  one  million dollars or receiving more than de minimis support where the
    29  overall project investment is over five million dollars shall  take  the
    30  necessary  contractual  actions to ensure that a project labor agreement
    31  or community benefits agreement is executed between the entity responsi-
    32  ble for the assisted project and an appropriate third party.
    33    2. Recommendations and minimum  standards  for  qualifying  agreements
    34  related  to  non-construction  work  shall be published by the authority
    35  annually, and no community benefits agreement under this  section  shall
    36  meet the requirements of this section without meeting such standards.
    37    3.  Penalties  and sanctions. The failure of a party receiving assist-
    38  ance under this title to ensure  compliance  with  the  requirements  of
    39  subdivision  four  of this section shall constitute a material breach of
    40  the agreement under which assistance is provided and  shall  permit  the
    41  state  to  impose applicable penalties and sanctions for conduct consti-
    42  tuting non-compliance, including but not limited to revocation of all or
    43  part of the assistance provided by the state.
    44    4. Responsible  contractor  requirements.  The  party  which  receives
    45  assistance  from  the state for a renewable energy project, energy effi-
    46  ciency project, other construction  project  shall  take  the  necessary
    47  contractual actions to ensure each contractor and subcontractor involved
    48  in  the operation construction of the assisted project completes a sworn
    49  certification that the firm:
    50    (a) has the necessary resources to perform the portion of the assisted
    51  project to which they are assigned, including the  necessary  technical,
    52  financial, and personnel resources;
    53    (b) has all required licenses, certifications or certificates required
    54  of any business entity or individual by applicable state or local law;
    55    (c) that in the past three years, the firm:
    56    (i) has not been debarred by any government agency;

        A. 6967                            61
 
     1    (ii) has not defaulted on any project;
     2    (iii)  has  not  had  any  license,  certification or other credential
     3  relating to the business revoked or suspended; and
     4    (iv) has not been found in violation of  any  law  applicable  to  its
     5  business  that  resulted  in the payment of a fine, back pay damages, or
     6  any other type of penalty in the amount of ten thousand dollars or more;
     7  shall pay craft personnel employed on the project,  at  a  minimum,  the
     8  applicable wage and fringe benefit rates for the classification in which
     9  the  worker is employed in accordance with applicable required rates for
    10  the project; and
    11    (c) the firm shall not misclassify employees as  independent  contrac-
    12  tors.
    13    §  9.  The  tax law is amended by adding two new articles 42 and 43 to
    14  read as follows:
    15                                  ARTICLE 42
    16                            CLIMATE POLLUTION FEE
    17  Section 3039. Definitions.
    18          3040. Imposition of carbon pollution fee.
    19          3041. Amount of fee.
    20          3042. Applicable entities.
    21          3043. Calculation of emissions factors.
    22          3044. Exemptions and deductions.
    23          3045. Emissions leakage mitigation policy.
    24          3046. Creation of funds within the authority.
    25          3047. Reporting.
    26    § 3039. Definitions. For the purposes of this article,  the  following
    27  terms shall have the following meanings:
    28    1. "Authority" shall mean the climate and community investment author-
    29  ity.
    30    2. "Border carbon adjustment fee" means a fee imposed to address emis-
    31  sions  leakage  that  adjusts  the  price of a good, at the point of the
    32  importation into the state of goods that require emissions of greenhouse
    33  gases for their production or operation, or export from  the  state,  to
    34  reflect the known or estimated greenhouse gas emissions quantities asso-
    35  ciated with the production of such good.
    36    3.  "Carbon-based  fuel" means coal, a petroleum product, natural gas,
    37  methane, municipal solid waste (or any other feedstocks used for  waste-
    38  to-energy  conversions),  or  biomass that may be a source of greenhouse
    39  gas emissions through combustion and fugitive emissions.
    40    4. "Carbon dioxide equivalent" and "CO2e" mean the  amount  of  carbon
    41  dioxide  by  mass that would produce the same global warming impact as a
    42  given mass of another greenhouse  gas  over  an  integrated  twenty-year
    43  timeframe after emission, based on the best available science.
    44    5.  "Regulated  air  contaminant"  shall  have  the same meaning as in
    45  subdivision twenty-two of section 19-0107 of the environmental conserva-
    46  tion law.
    47    6. "Commissioner" means the commissioner of taxation and finance.
    48    7. "Disadvantaged communities" shall  have  the  same  meaning  as  in
    49  section 75-0111 of the environmental conservation law.
    50    8.  "Downstate  region" means the counties of Richmond, Kings, Queens,
    51  New York, Bronx, Westchester, Nassau and Suffolk.
    52    9. "Emissions leakage" means an increase in emissions outside  of  the
    53  state,  as  a  result  of, or in correlation with, the implementation of
    54  measures within the state to limit such emissions.
    55    10. "Fugitive emissions" means those emissions  of  a  greenhouse  gas
    56  that  are  released  during  extraction,  transportation of fuel, during

        A. 6967                            62
 
     1  processing, and due to leaks during industrial  processes  or  at  solid
     2  waste and wastewater management sites.
     3    11.  "Greenhouse  gas"  shall  have the same meaning as in subdivision
     4  eight of section 19-1301 of the environmental conservation law.
     5    12. "Greenhouse gas emission source" or "source" means  any  anthropo-
     6  genic  source  or  category  of  anthropogenic sources of greenhouse gas
     7  emissions.
     8    13. "Industrial processes" means those processes that  include  fossil
     9  fuel extraction, the operation of fuel processing plants, pipeline oper-
    10  ations  and  other fuel transport, the operation of fuel refineries, and
    11  other processes involved in the extraction, refinement or  transport  of
    12  carbon-based fuels.
    13    14.  "Life  cycle  analysis" means a method for calculating greenhouse
    14  gas emissions that encompasses emissions that are  released  or  seques-
    15  tered  during  all  phases  of a fuel or other product's life, including
    16  those  emissions  released  during  extraction,  processing,  transport,
    17  distribution,  combustion  (or  some  other  form  of  consumption), and
    18  disposal. Such term  shall  include  CO2e  that  is  sequestered  during
    19  biological processes, pertaining to biomass fuel.
    20    15.  "Petroleum  product"  means all petroleum derivatives, whether in
    21  bond or not, which are commonly burned to produce heat, electricity,  or
    22  motion,  or  which  are  commonly processed to produce synthetic gas for
    23  burning, including without limitation, propane, gasoline, unleaded gaso-
    24  line, kerosene, heating oil, diesel fuel, kerosene based jet  fuel,  and
    25  number  4,  number  5 and residual oil for utility and non-utility uses,
    26  but not including, petroleum feedstocks to plastics production or  other
    27  manufacturing.
    28    16.  "Upstate  region"  means all New York counties other than Nassau,
    29  Suffolk, Richmond, Kings, Queens, New York, Bronx and Westchester.
    30    17. "Working group" means the climate justice  working  group  created
    31  pursuant to section 75-0111 of the environmental conservation law.
    32    §  3040.  Imposition of carbon pollution fee.  There is hereby imposed
    33  upon any applicable entity, as specified under  section  three  thousand
    34  forty-two  of  this article, a fee in an amount determined under section
    35  three thousand forty-one of this article, on:
    36    1. any carbon-based fuel sold, used, or brought into the state  by  an
    37  applicable entity as defined in section three thousand forty-two of this
    38  article; and
    39    2. any fugitive emissions of methane emitted in the state by an appli-
    40  cable entity.
    41    §  3041.  Amount of fee.   1. The amount of the fee imposed by section
    42  three thousand forty of this article, per short ton  of  carbon  dioxide
    43  equivalent  content that would be emitted through the combustion of such
    44  product, as determined by the president of the climate  and  communities
    45  investment  authority, in consultation with the commissioner of environ-
    46  mental conservation, pursuant to this article, shall  be  equal  to  the
    47  following:
    48    (a) during calendar year two thousand twenty-two, fifty-five dollars;
    49    (b)  during  calendar  years two thousand through two thousand twenty-
    50  five, an amount equal to the sum of:
    51    (i) the amount in effect under  this  subdivision  for  the  preceding
    52  calendar year, and
    53    (ii)  a  five  percent increase to the amount assessed in the previous
    54  year;
    55    (c) during calendar years two thousand twenty-six through two thousand
    56  thirty-one, an amount equal to the sum of:

        A. 6967                            63
 
     1    (i) the fee assessed under this subdivision for the preceding calendar
     2  year, and:
     3    (A)  two  percent  of the previous year's fee if the most recent five-
     4  year environmental integrity metric, described under  paragraph  (a)  of
     5  subdivision two of this section, is less than minus five percent;
     6    (B)  five  percent of the previous year's fee if the most recent five-
     7  year environmental integrity metric, described under  paragraph  (a)  of
     8  subdivision  two of this section, is greater than or equal to minus five
     9  percent and less than five percent;
    10    (C) seven percent of the previous year's fee if the most recent  five-
    11  year  environmental  integrity  metric, described under paragraph (a) of
    12  subdivision two of this section,  is  greater  than  or  equal  to  five
    13  percent and less than ten percent; or
    14    (D)  ten  percent  of the previous year's fee if the most recent five-
    15  year environmental integrity metric, described under  paragraph  (a)  of
    16  subdivision  two  of  this  section,  is  greater  than  or equal to ten
    17  percent; and
    18    (ii) the authority shall also assess a cost-of-living,  or  inflation,
    19  adjustment  using  the United States Bureau of Labor Statistics Consumer
    20  Price Index or, if that index is not available, another index adopted by
    21  the commissioner;
    22    (d) during calendar years two thousand thirty-two through two thousand
    23  fifty-one, an amount equal to the sum of:
    24    (i) the fee assessed under this subdivision for the preceding calendar
    25  year, and:
    26    (A) two percent of the previous year's fee if the  most  recent  five-
    27  year  environmental  integrity  metric, described under paragraph (a) of
    28  subdivision two of this section, is less than minus  five  percent,  and
    29  the  most  recent  cumulative  environmental integrity metric, described
    30  under paragraph (b) of subdivision two of this  section,  is  less  than
    31  minus one percent;
    32    (B) five percent of the previous year's fee if:
    33    I. the most recent five-year environmental integrity metric, described
    34  under  paragraph (a) of subdivision two of this section, is greater than
    35  or equal to minus five percent and less than five percent, and the  most
    36  recent  cumulative environmental integrity metric, described under para-
    37  graph (b) of subdivision two of this section, is less than two  percent;
    38  or
    39    II.   the   most  recent  five-year  environmental  integrity  metric,
    40  described under paragraph (a) of subdivision two  of  this  section,  is
    41  less  than  five  percent,  and the most recent cumulative environmental
    42  integrity metric, described under paragraph (b) of  subdivision  two  of
    43  this  section,  is  greater  than or equal to minus one percent and less
    44  than two percent;
    45    (C) seven percent of the previous year's fee if:
    46    I. the most recent five-year environmental integrity metric, described
    47  under paragraph (a) of subdivision two of this section, is greater  than
    48  or  equal  to  five  percent  and less than ten percent, and if the most
    49  recent cumulative environmental integrity metric, described under  para-
    50  graph  (b)  of  subdivision  two  of  this  section,  is less than three
    51  percent; or
    52    II.  the  most  recent  five-year  environmental   integrity   metric,
    53  described  under  paragraph  (a)  of subdivision two of this section, is
    54  less than ten percent, and  the  most  recent  cumulative  environmental
    55  integrity  metric,  described  under paragraph (b) of subdivision two of

        A. 6967                            64

     1  this section, is greater than or equal to  two  percent  and  less  than
     2  three percent; or
     3    (D) ten percent of the previous year's fee if:
     4    I. the most recent five-year environmental integrity metric, described
     5  under  paragraph (a) of subdivision two of this section, is greater than
     6  or equal to ten percent; or
     7    II.  the  most  recent  cumulative  environmental  integrity   metric,
     8  described  under  paragraph  (b)  of subdivision two of this section, is
     9  greater than or equal to three percent; and
    10    (ii) the authority shall also assess a cost-of-living,  or  inflation,
    11  adjustment  using  the United States Bureau of Labor Statistics Consumer
    12  Price Index or, if that index is not available, another index adopted by
    13  the commissioner.
    14    2. In two thousand twenty-four, and every year thereafter, the commis-
    15  sioner shall, in  consultation  with  the  department  of  environmental
    16  conservation:
    17    (a)  calculate  the  five-year  environmental  integrity metric, which
    18  shall equal a fraction, expressed as a percentage:
    19    (i) the numerator of which is:
    20    (A) the sum of the quantity of actual statewide greenhouse  gas  emis-
    21  sions, measured in short tons CO2e, in each of the preceding five years,
    22  minus
    23    (B)  the  sum of the quantity of target statewide greenhouse gas emis-
    24  sions, measured in short tons CO2e, in each of the preceding five years,
    25  pursuant to subdivision four of this section; and
    26    (ii) the denominator of which is the sum of  the  quantity  of  target
    27  statewide greenhouse gas emissions, measured in short tons CO2e, in each
    28  of  the  preceding  five  years,  pursuant  to  subdivision four of this
    29  section; and
    30    (b) calculate the cumulative  environmental  integrity  metric,  which
    31  shall equal a fraction, expressed as a percentage:
    32    (i) the numerator of which is:
    33    (A)  the  sum of the quantity of actual statewide greenhouse gas emis-
    34  sions, measured in short tons CO2e, in each of the preceding years  that
    35  are after two thousand eighteen, minus
    36    (B)  the  sum of the quantity of target statewide greenhouse gas emis-
    37  sions, measured in short tons CO2e, in each of the preceding years  that
    38  are  after  two  thousand eighteen, pursuant to subdivision four of this
    39  section; and
    40    (ii) the denominator of which is the sum of  the  quantity  of  target
    41  statewide greenhouse gas emissions, measured in short tons CO2e, in each
    42  of the preceding years that are after two thousand eighteen, pursuant to
    43  subdivision four of this section; and
    44    (c)  publish  the amounts calculated in paragraphs (a) and (b) of this
    45  subdivision not later than July first in that year.
    46    3. The authority shall calculate and publish the amount of the fee  in
    47  current dollars for each year, no later than July first in that year.
    48    4.  For the purposes of calculating the five-year environmental integ-
    49  rity metric and the  cumulative  environmental  integrity  metric  under
    50  subdivision  two  of  this  section,  the  authority  shall refer to the
    51  following statewide greenhouse gas emissions targets:
    52    (a) for the year two thousand twenty-one, eighty-five percent  of  two
    53  thousand eighteen emissions;
    54    (b)  for  each year after two thousand twenty-one and before two thou-
    55  sand twenty-seven, less than in the preceding year by  four  percent  of
    56  the two thousand eighteen emissions; and

        A. 6967                            65
 
     1    (c)  for  each year after two thousand twenty-six and before two thou-
     2  sand forty-two, less than in the preceding year by three percent of  two
     3  thousand eighteen emissions; and
     4    (d)  for  each  year  after  two  thousand forty-one, less than in the
     5  preceding year by two percent of two thousand eighteen emissions.
     6    § 3042. Applicable entities. For the purposes  of  this  article,  the
     7  term "applicable entity" means:
     8    1. for the purposes of any coal sold, used, or entered into the state:
     9    (a) the vendor of such coal at the first point of sale, in cases where
    10  the sale of coal occurs in the state; and
    11    (b) the purchaser of such coal, in cases where the sale of coal occurs
    12  outside of the state;
    13    2.  for  the  purposes of any petroleum product sold, used, or entered
    14  into the state:
    15    (a) the vendor, including a petroleum business as defined  by  section
    16  three  hundred  of  this chapter, of such petroleum product at the first
    17  point of sale, in cases where the sale of the petroleum  product  occurs
    18  in the state; and
    19    (b)  the  purchaser of such petroleum product, in cases where the sale
    20  of the petroleum product occurs outside of the state;
    21    3. for the purposes of any natural gas sold, used, or entered into the
    22  state:
    23    (a) the vendor (including a natural gas distribution company or whole-
    24  sale natural gas vendors) of such natural gas  at  the  first  point  of
    25  sale, in cases where the sale of natural gas occurs in the state; and
    26    (b)  the purchaser of such natural gas, in cases where the sale of the
    27  natural gas occurs outside of the state;
    28    4. for the purposes of any electricity sold, used, or entered into the
    29  state:
    30    (a) the vendor (including a local electricity distribution company,  a
    31  wholesale  electricity vendor and all competitive suppliers of electric-
    32  ity to end users) of such electricity at the first  point  of  sale,  in
    33  cases where the sale of electricity occurs in the state; and
    34    (b)  the purchaser of such electricity, in cases where the sale of the
    35  electricity occurs outside of the state;
    36    5. for the purposes of any municipal solid waste (or any other  feeds-
    37  tocks  used for waste-to-energy conversions) sold, used, or entered into
    38  the state:
    39    (a) the vendor of such municipal solid waste (or any other  feedstocks
    40  used  for  waste-to-energy  conversions)  at the first point of sale, in
    41  cases where the sale of municipal solid waste (or any  other  feedstocks
    42  used for waste-to-energy conversions) occurs in the state; and
    43    (b)  the  purchaser of such municipal solid waste (or any other feeds-
    44  tocks used for waste-to-energy conversions), in cases where the sale  of
    45  the municipal solid waste (or any other feedstocks used for waste-to-en-
    46  ergy conversions) occurs outside of the state;
    47    6.  for  the  purposes  of any biomass sold, used, or entered into the
    48  state,
    49    (a) the vendor of such biomass at the first point of  sale,  in  cases
    50  where the sale of biomass occurs in the state; and
    51    (b)  the  purchaser  of  such  biomass, in cases where the sale of the
    52  biomass occurs outside of the state; and
    53    7. for the purposes of any fugitive emissions of methane  released  in
    54  the state, the owner of the property that is the source of such fugitive
    55  emissions,  including stationary sources and mobile sources, and includ-

        A. 6967                            66
 
     1  ing pipeline operators, fuel distributors, transportation companies  and
     2  other entities.
     3    §  3043.  Calculation of emissions factors. 1. Not later than one year
     4  after the effective date of this article, the commissioner  of  environ-
     5  mental  conservation,  in  collaboration  with the authority, shall, for
     6  each carbon-based fuel identified in this article and for various sourc-
     7  es of electricity consumed in the state, calculate greenhouse gas  emis-
     8  sions factors, in carbon dioxide equivalent.
     9    2.  Emissions  factors associated with combustion or other consumption
    10  of the carbon-based fuels identified in this article shall be calculated
    11  according to life-cycle analysis  methods,  which  at  a  minimum  shall
    12  incorporate:
    13    (a)  any greenhouse gases released at the point of combustion or other
    14  consumption; and
    15    (b)  up-steam  fugitive  emissions  of  methane  released  during  the
    16  extraction,  processing, refining, transport, or distribution of natural
    17  gas products and petroleum products before the point of  consumption  in
    18  New York.
    19    3.  The  commissioner  of environmental conservation, in collaboration
    20  with the authority, shall calculate, for various sources of  electricity
    21  consumed in the state, greenhouse gas emissions factors, in carbon diox-
    22  ide equivalent per kilowatt-hour, associated with the combustion of each
    23  carbon-based  fuel identified in this article for the purposes of gener-
    24  ating electricity. This calculation should take into  account  the  best
    25  available  information  and science regarding power plant heat rates and
    26  other operational  parameters  that  may  determine  efficiency  in  the
    27  conversion  of  thermal  energy  to  electrical energy. The C02e of each
    28  kilowatt-hour of electricity delivered in the state shall be  determined
    29  by  taking  the weighted average of the coal, petroleum product, natural
    30  gas, municipal solid waste (or any other feedstocks used  for  waste-to-
    31  energy conservations), or biomass portions of the fuel mix and multiply-
    32  ing  each  of  those portions separately by the amount of carbon dioxide
    33  equivalent emissions created per kilowatt-hour of  electricity  produced
    34  by  each  such  fuel.  The  calculation  of emissions factors under this
    35  subdivision shall take into account  all  electricity  consumed  in  the
    36  state, which shall include any electricity produced within the state and
    37  outside of the state.
    38    §  3044.  Exemptions  and  deductions.    1. The owner of any electric
    39  generating facility that is covered by the CO2 budget trading program (6
    40  NYCRR part 242) established by the department of environmental conserva-
    41  tion shall be entitled to deduct from the fee imposed by this article an
    42  amount equal to the amount it paid to purchase CO2 emission allowance to
    43  comply with the CO2 budget trading program; provided, however, that  the
    44  amount so deducted may be no greater than the total amount of the fee as
    45  calculated in this article.
    46    2. Any applicable entity subject to a fee under this article, shall be
    47  entitled  to deduct from the fee imposed by this article an amount equal
    48  to the amount it paid for the same year on account of a federal  law  or
    49  regulation that imposes a direct price (including through cap-and-trade,
    50  or  a  carbon  tax  or carbon fee mechanisms) on the same greenhouse gas
    51  emissions from carbon-based fuels; provided, however, that the amount so
    52  deducted may be no greater than the total amount of the  fee  as  calcu-
    53  lated in this article.
    54    3.  The  authority,  in  partnership with the commissioner of environ-
    55  mental conservation, may exempt certain sources of greenhouse gas  emis-
    56  sions found to produce de minimis quantities of such emissions. In order

        A. 6967                            67
 
     1  to  exempt  sources  of greenhouse gas emissions under this subdivision,
     2  the authority, in partnership with  the  commissioner  of  environmental
     3  conservation,  shall  first  promulgate  a rule, or rules, outlining the
     4  specific  requirements  for  being  classified  as  a de minimis source,
     5  including, at a minimum, identifying the quantities of greenhouse  gases
     6  that would make a source a de minimis source. In promulgating such rule,
     7  or  rules,  the  authority  shall  provide  meaningful opportunities for
     8  public comment, including from persons living in disadvantaged  communi-
     9  ties.
    10    §  3045.  Emissions  leakage mitigation policy.  1. Not later than one
    11  year after the effective date of this article, the authority,  in  part-
    12  nership  with the commissioners of environmental conservation and labor,
    13  shall prepare and approve a scoping plan outlining  recommendations  for
    14  policy  measures  to reduce emissions leakage associated with the imple-
    15  mentation of this article.
    16    (a) The draft scoping plan shall be developed in consultation with the
    17  working group and other stakeholders.
    18    (b) The authority shall provide meaningful  opportunities  for  public
    19  comment  from  all  persons  who will be impacted by the plan, including
    20  persons working in energy intensive and  trade  exposed  industries  and
    21  persons living in disadvantaged communities.
    22    (c)  The measures and actions considered in such scoping plan shall at
    23  a minimum include:
    24    (i) imposing a border carbon adjustment fee;
    25    (ii) the implementation of a border carbon adjustment  for  vulnerable
    26  industries and companies;
    27    (iii)  the  implementation  of  an  output-based  carbon pollution fee
    28  rebate program for vulnerable industries and companies;
    29    (iv) quantitative methods for  designating  vulnerable  industries  or
    30  companies, such as energy intensive and trade exposed industries; and
    31    (v)  policies  for  mitigating  any  impacts  to consumers and workers
    32  caused by the implementation of policies under this  section,  including
    33  through the use of revenues from a possible border carbon adjustment fee
    34  for reducing such impacts.
    35    (d)  Not later than one year after the effective date of this article,
    36  the authority shall submit the final scoping plan to the  governor,  the
    37  speaker  of  the  assembly and the temporary president of the senate and
    38  post such plan on its website.
    39    2. Not later than two years after the effective date of this  article,
    40  the  authority, after public workshops and consultation with the working
    41  group, representatives of regulated entities,  and  other  stakeholders,
    42  shall,  after  no  less  than  two public hearings, promulgate rules and
    43  regulations to implement a policy to reduce emissions leakage associated
    44  with the implementation of this article.
    45    (a) The regulations promulgated may include:
    46    (i) a border carbon adjustment fee for vulnerable trade exposed energy
    47  intensive industries and companies to reduce emissions;
    48    (ii) an output-based carbon  pollution  fee  and  rebate  program  for
    49  vulnerable industries and companies;
    50    (iii)  quantitative  methods  for designating vulnerable industries or
    51  companies, such as energy intensive and trade exposed industries; and
    52    (iv) policies for mitigating any  impacts  to  consumers  and  workers
    53  caused  by  the implementation of policies under this section, including
    54  through the use of revenues from a possible border carbon adjustment fee
    55  for reducing such impacts.
    56    (b) In promulgating these regulations, the authority shall:

        A. 6967                            68
 
     1    (i) design and implement all regulations in a manner that seeks to  be
     2  equitable,  to  minimize costs and to maximize the total benefits to New
     3  York state;
     4    (ii)  ensure that activities undertaken to comply with the regulations
     5  do not disproportionately burden disadvantaged communities; and
     6    (iii) minimize emissions leakage.
     7    3. Any funds collected pursuant to a policy arising from this  section
     8  shall  be  appropriated  by  the  authority  pursuant  to  the  mandated
     9  proportions in section three thousand forty-six of this article.
    10    § 3046. Creation of funds within the authority. 1. (a)  Within  ninety
    11  days  following the effective date of this article, the commissioner, in
    12  coordination with the comptroller, shall establish  a  fund  within  the
    13  authority  to be known as the "community just transition fund", consist-
    14  ing of such amounts as may be appropriated or credited to such fund  and
    15  thirty-three  percent of the total amount of fees received under section
    16  three thousand forty of this article during such year.
    17    (b) The community just transition fund shall be  administered  by  the
    18  authority for the purposes enumerated in this act.
    19    2.  (a)  Within ninety days following the effective date of this arti-
    20  cle, the commissioner,  in  coordination  with  the  comptroller,  shall
    21  establish  a  fund within the authority to be known as the "climate jobs
    22  and infrastructure fund", consisting of such amounts as may be appropri-
    23  ated or credited to such fund and thirty percent of the total amount  of
    24  fees  received under section three thousand forty of this article during
    25  such year.
    26    (b) The climate jobs and infrastructure fund shall be administered  by
    27  the authority for the purposes enumerated in this act.
    28    3.  (a)  Within ninety days of the effective date of this article, the
    29  commissioner, in coordination with the comptroller,  shall  establish  a
    30  fund within the authority to be known as the "low-income and small busi-
    31  ness  and  household  energy rebate fund", consisting of such amounts as
    32  may be appropriated or credited to such fund and thirty percent  of  the
    33  total amount of fees received under section three thousand forty of this
    34  article during such year.
    35    (b) The low-income and small business and household energy rebate fund
    36  shall  be  administrated by the authority for the purposes enumerated in
    37  this act.
    38    4. (a) Within ninety days of the effective date of this  article,  the
    39  commissioner,  in  coordination  with the comptroller, shall establish a
    40  fund within the authority to be  known  as  the  "worker  and  community
    41  assurance  fund",  consisting  of such amounts as may be appropriated or
    42  credited to such fund as follows:
    43    (i) in the first fiscal year in which any fees under this article  are
    44  collected,  no  less  than  five hundred million dollars shall be trans-
    45  ferred to the worker and community assurance fund; and
    46    (ii) seven percent of the total amount of fees received under  section
    47  three thousand forty during such year.
    48    (b)  The worker and community assurance trust shall be administered by
    49  the authority for the purposes enumerated in this act.
    50    5. No proceeds received through the implementation of the  fee  estab-
    51  lished under this article shall fund government operations of the state,
    52  other  than  to  pay for reasonable administrative costs associated with
    53  implementing the climate and community investment act.
    54    6. No proceeds received through the implementation of the  fee  estab-
    55  lished  under this article shall fund police, prisons or related infras-
    56  tructure.

        A. 6967                            69
 
     1    § 3047. Reporting.  1. No later than three years following the  effec-
     2  tive  date of this article, and every two years thereafter, the authori-
     3  ty, in partnership with the New York comptroller,  the  commissioner  of
     4  environmental  conservation  and  the New York state energy research and
     5  development  authority,  shall produce a report on the implementation of
     6  this article. Such report shall include but not be limited to:
     7    (a) the total annual revenues associated with  the  implementation  of
     8  this article;
     9    (b) the effectiveness of the fee established under section three thou-
    10  sand forty of this article to reduce greenhouse gas emissions statewide,
    11  including  an  analysis  of reductions by geographic subdivisions of the
    12  state;
    13    (c) the amount of estimated emissions leakage that may be occurring in
    14  correlation with the implementation of the fee established under section
    15  three thousand forty of this article, the effectiveness of any  policies
    16  that have been implemented to address emissions leakage, and recommenda-
    17  tions for improving policies to mitigate emissions leakage;
    18    (d)  an  overview  of social benefits from the fees and other policies
    19  established pursuant to this article, including benefits to the economy,
    20  environment, and public health, including the health of women, youth and
    21  children;
    22    (e) an overview of the distribution of costs and benefits of the poli-
    23  cies promulgated under this article, across  different  communities  and
    24  sectors of the state economy;
    25    (f) an overview of compliance costs for regulated entities;
    26    (g)  an  overview  of administrative costs for the authority and other
    27  state agencies; and
    28    (h) recommendations for future regulatory and policy action,  and,  in
    29  general, pertaining to measures for reducing greenhouse emissions in the
    30  state.
    31    2.  Before  finalizing the report described in subdivision one of this
    32  section, the authority shall ensure that there are  meaningful  opportu-
    33  nities for public participation, including by:
    34    (a)  allowing  at  least one hundred twenty days for the submission of
    35  public comment, following the date of the publication of a draft report;
    36  and
    37    (b) holding at least four  regional  public  hearings,  including  two
    38  meetings in the upstate region and two meetings in the downstate region,
    39  with  emphasis on maximizing participation and accessibility for members
    40  of disadvantaged communities.
    41    3. The final report shall be submitted to the governor, the  temporary
    42  president of the senate, the speaker of the assembly, the minority lead-
    43  er  of  the senate and the minority leader of the assembly, and shall be
    44  posted on the website of the authority.
    45                                 ARTICLE 43
    46                 HOUSEHOLD AND SMALL BUSINESS ENERGY REBATE
    47  Section 3050. Definitions.
    48          3051. Establishment of the household and small  business  energy
    49                  rebate program.
    50          3052. Administration by the authority.
    51          3053. Allocation of funds.
    52          3054. Qualifying households.
    53          3055. Rebate amount and report.
    54          3056. Delivery of funds.
    55          3057. Reassessment of allocations.
    56          3058. Small business tax credit.

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     1          3059. Public service commission investigation.
     2    §  3050.  Definitions. For the purposes of this article, the following
     3  terms shall have the following meanings:
     4    1. "Authority" shall mean the community and climate investment author-
     5  ity.
     6    2. "Commissioner" means the commissioner of taxation and finance.
     7    3. "Department" means the department of taxation and finance.
     8    4. "Eligible low-income household" means,  with  respect  to  a  given
     9  calendar  year,  any household in New York state whose gross income does
    10  not exceed one hundred fifty percent of the poverty line, regardless  of
    11  citizenship or term of insurance.
    12    5. "Eligible moderate-income household" means, with respect to a given
    13  calendar  year,  any  household  in  New  York  state whose gross income
    14  exceeds one hundred fifty percent of the  poverty  line,  but  does  not
    15  exceed  the median household income for the county in which they reside,
    16  regardless of citizenship or term of insurance.
    17    6. "Eligible small business" means a business,  cooperative,  or  not-
    18  for-profit  corporation  which  is  resident  in this state, and employs
    19  fifty or less  persons  (including  a  solo  proprietorship),  and  with
    20  respect to businesses, is independently owned and operated and not domi-
    21  nant in its field.
    22    7.  "Fund"  or  "rebate  fund"  means the household and small business
    23  energy rebate fund established under subdivision three of section  three
    24  thousand forty-six of this chapter.
    25    8.  "Poverty line" shall have the same meaning as in section 673(2) of
    26  the federal community services block grant act (46 USC section 9902).
    27    9. "Program" means the household  and  small  business  energy  rebate
    28  program established under this article.
    29    10.  "Working  group"  means the climate justice working group created
    30  pursuant to section 75-0111 of the environmental conservation law.
    31    § 3051. Establishment of  the  household  and  small  business  energy
    32  rebate  program.  There  is hereby established within the authority, the
    33  "household and small business energy rebate program".  The  purposes  of
    34  the program include:
    35    1.  disbursement of funds from the household and small business energy
    36  rebate fund; for the benefit of  the  most  vulnerable  populations,  to
    37  offset  the  increased cost of living associated with the implementation
    38  of the climate pollution fee created pursuant to  article  forty-two  of
    39  this  chapter  and  other regulatory measures established as part of the
    40  state's climate mitigation efforts; and
    41    2. reducing the already severe energy burden on low- and  moderate-in-
    42  come families.
    43    §  3052.  Administration  by  the  authority. Within six months of the
    44  effective date of this article, the authority is hereby  authorized  and
    45  directed  to  establish  and  operate  the  program. The authority shall
    46  implement the program in consultation with the office of  temporary  and
    47  disability  assistance  and  the  departments  of  health and labor. The
    48  authority shall be authorized and directed to: use monies made available
    49  for the program pursuant to article forty-two of this chapter to achieve
    50  the purposes of the program; and  exercise  such  other  powers  as  are
    51  necessary for the proper administration of such program, including issu-
    52  ing rules and regulations consistent with this article.
    53    §  3053. Allocation of funds. Funds from the household and small busi-
    54  ness energy rebate fund shall be disbursed under the program to eligible
    55  households and small businesses. The authority shall  collect  and  then
    56  distribute  directly  to  eligible households the entire amount of funds

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     1  dedicated to the rebate fund. Eligible households shall be notified that
     2  they are automatically being enrolled based on their tax  filing  status
     3  or  receipt  of public benefits. The authority, in coordination with the
     4  commissioner,  the  public service commission, the New York state office
     5  of temporary and disability assistance, and the  department,  will  make
     6  determinations  as to which households and small businesses are eligible
     7  for the rebate and establish an appeals process within the authority  as
     8  to  such  determinations. The authority shall also establish an opportu-
     9  nity for individual residents of the state who are not required to  file
    10  income taxes to apply for rebates under this article.
    11    §  3054. Qualifying households. A rebate will be available to eligible
    12  low-income households, moderate income households, and additional house-
    13  holds, provided that rebates shall only be provided to  such  additional
    14  households upon a determination by the authority that there are adequate
    15  funds.  Notwithstanding  the  preceding  sentence,  the  rebate shall be
    16  available to a maximum of sixty percent of the households  in  New  York
    17  state.  Households shall qualify regardless of citizenship. The authori-
    18  ty  will  cooperate  with the department and the office of temporary and
    19  disability assistance to identify  households  and  place  them  in  the
    20  following four household categories:
    21    1.  eligible moderate-income households containing New York city resi-
    22  dents;
    23    2. eligible low-income households containing New York  city  residents
    24  in  which the household income is below one hundred fifty percent of the
    25  poverty line or who are receiving any means-tested government assistance
    26  aimed at low-income individuals or households;
    27    3. eligible moderate-income households containing residents outside of
    28  New York city; and
    29    4. eligible low-income households containing residents outside of  New
    30  York city with a household income below one hundred fifty percent of the
    31  poverty   line  or  receiving  any  means-tested  government  assistance
    32  programs aimed at low-income individuals or households.
    33    § 3055. Rebate amount and report. 1. The  authority,  in  consultation
    34  with  the  working  group, shall determine the appropriate amount of the
    35  rebate, consistent with the standards set forth in this section.    Each
    36  eligible  household  will  receive a share of the total allocated rebate
    37  funds so that:
    38    (a) all eligible households in New York city shall  receive  the  same
    39  amount,
    40    (b) all eligible households outside of New York city shall receive the
    41  same  amount  and  that amount shall be at least fifty percent more than
    42  the rebate amount applicable to New York city households, and
    43    (c) the total amount provided for rebates must not exceed  the  annual
    44  revenue in the rebate fund.
    45    2.  The  authority shall annually assess and report to the legislature
    46  and the governor at least  the  following  information:  the  number  of
    47  households  in each rebate category in section three thousand fifty-four
    48  of this article; the number of households who select each delivery mech-
    49  anism set forth in section three thousand fifty-six of this article; and
    50  how the number of households compare to:
    51    (a) the incremental increase in the cost of living associated with the
    52  implementation of the fee established pursuant to article  forty-two  of
    53  this  chapter  and  other  regulatory measures established under article
    54  forty-two of this chapter;
    55    (b) other estimated increases in the cost of  living  associated  with
    56  the transition to a low-carbon economy; and

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     1    (c) existing energy burdens.
     2    §  3056.  Delivery of funds. 1. The authority, in partnership with the
     3  working group, the department, the public  service  commission  and  the
     4  office  of temporary and disability assistance shall determine appropri-
     5  ate mechanisms for delivering rebates under this article. These  depart-
     6  ments  shall  within the bounds of the law share necessary expertise and
     7  data.  That mechanism shall ensure that:
     8    (a) Eligible moderate-income households in the first and third  house-
     9  hold  categories  set forth in section three thousand fifty-four of this
    10  article shall receive a direct payment redeemable tax credit.
    11    (b) Eligible low-income households in the second and fourth  household
    12  categories  set forth in section three thousand fifty-four of this arti-
    13  cle shall receive their rebate through mechanisms that will not  consti-
    14  tute  income  for  purposes  of  any  means-tested government assistance
    15  programs that they may  be  receiving.  Unless  an  eligible  low-income
    16  household opts out of such benefit under this section, the benefit shall
    17  be:
    18    (i) a transit voucher for use receiving services through the Metropol-
    19  itan  Transportation  Authority,  Access-a-Ride, or other public transit
    20  service for households in the second household  category  under  section
    21  three thousand fifty-four of this article.
    22    (ii)  utility  assistance  or  a  weatherization  grant for the fourth
    23  household category under section three thousand fifty-four of this arti-
    24  cle.
    25    (iii) another form that complies with this subdivision.
    26    2.  All qualifying households may opt out of the  default  option  for
    27  delivery  of  the rebate, and can choose to receive their benefit amount
    28  in the form of one of the following four options:  (a)  utility  assist-
    29  ance; (b) a weatherization grant; (c) a voucher for use with their local
    30  transit  authority; (d) a redeemable tax credit; or (e) a direct payment
    31  if the authority offers such option.
    32    3. The authority shall make reasonable efforts  to  deliver  funds  as
    33  frequently  as  practical,  and to distribute a portion of the rebate at
    34  least quarterly.
    35    § 3057. Reassessment of allocations.  1.  Beginning  in  two  thousand
    36  twenty-one  and  every  five years thereafter, the authority, in coordi-
    37  nation with the department,  the  office  of  temporary  and  disability
    38  assistance,  the  public  service  commission, the New York state energy
    39  research and development authority and the department  of  environmental
    40  conservation  shall  perform  an  assessment,  which shall include, at a
    41  minimum, the following information: (a) the state-wide energy burden for
    42  small businesses, and households by geography and  income;  (b)  whether
    43  such  energy  burden  has  stayed level or decreased since the effective
    44  date of this section; (c) the uptake of energy efficiency and  renewable
    45  energy  in  each  income category; and (d) an estimated impact on energy
    46  burden or another equivalent estimate of  the  proportion  of  household
    47  income  spent  on  energy.  Based on such information and any additional
    48  information that the department determines is appropriate,  the  depart-
    49  ment shall determine whether the present rebate amount is appropriate or
    50  whether it is appropriate to reduce the rebate benefit amount.
    51    2.  Following  any  assessment  under  subdivision one of this section
    52  where the impact of the fee established is found not to increase  house-
    53  hold  spending,  or where the energy burden has fallen, the rebate shall
    54  be reduced by at least ten percent and the funds  reallocated  in  equal
    55  amounts  to  the  community just transition fund established pursuant to
    56  subdivision one of section three thousand forty-six of this chapter  and

        A. 6967                            73
 
     1  the  climate jobs and infrastructure fund established pursuant to subdi-
     2  vision two of such section.
     3    §  3058. Small business tax credit. 1. Eligible small businesses shall
     4  receive a redeemable tax credit to reduce any  incremental  increase  in
     5  the cost of doing business associated with the implementation of the fee
     6  established  pursuant  to  article  forty-two  of this chapter and other
     7  regulatory measures established under the climate and community  invest-
     8  ment act or the transition to a low-carbon economy in New York state.
     9    2. Any eligible small business that incurs energy or fuel costs in the
    10  course  of  its  business,  shall be allowed a credit, to be computed as
    11  provided in subdivision three of this section, against  business  income
    12  for  each year that the fee established pursuant to article forty-two of
    13  this chapter is collected.
    14    3. The credit authorized by this section shall  equal  the  higher  of
    15  five  hundred  dollars  a  year,  or the amount computed for a household
    16  rebate.
    17    4. The credit created under this section may be  claimed  even  if  no
    18  taxes  are  owed by the eligible small business. Such credit may be used
    19  to reduce the tax liability of the credit claimant below zero.
    20    § 3059. Public service commission investigation. Not  later  than  six
    21  months  after  the  effective  date  of this article, the public service
    22  commission shall establish a proceeding  to  investigate,  identify  and
    23  mitigate any increase in electric or gas rates for qualifying households
    24  and  eligible small businesses that may be projected to arise under this
    25  article and article forty-two of this chapter.
    26    § 10. Severability. If any word, phrase, clause, sentence,  paragraph,
    27  section, or part of this act shall be adjudged by any court of competent
    28  jurisdiction  to be invalid, such judgement shall not affect, impair, or
    29  invalidate the remainder thereof, but shall be confined in its operation
    30  to the word, phrase, clause, sentence, paragraph, section, or part ther-
    31  eof directly involved in the controversy in which such  judgement  shall
    32  have been rendered.
    33    §  11.  If  any word, phrase, clause, sentence, paragraph, section, or
    34  part of this act shall be adjudged to require the climate and  community
    35  investments  authority  created  under  this act to act outside of their
    36  legal powers, such as engaging in the market beyond  activities  allowed
    37  as  a  market  actor, the relevant statutory requirements will be inter-
    38  preted so that the powers and duties herein are enforced to  the  extent
    39  allowed by law.
    40    §  12.  This  act  shall  take effect on the one hundred eightieth day
    41  after it shall have become a law and shall apply to any  grants,  loans,
    42  contracts  and  financial assistance awarded or renewed on or after such
    43  effective date. Effective immediately, the  addition,  amendment  and/or
    44  repeal  of  any  rule  or regulation necessary for the implementation of
    45  this act on its effective date are authorized to be made  and  completed
    46  on or before such date.
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