- Summary
- Actions
- Committee Votes
- Floor Votes
- Memo
- Text
- LFIN
- Chamber Video/Transcript
S04264 Summary:
| BILL NO | S04264A |
| SAME AS | SAME AS A06967 |
| SPONSOR | PARKER |
| COSPNSR | BAILEY, BENJAMIN, BIAGGI, BRESLIN, BRISPORT, BROUK, COMRIE, GIANARIS, GOUNARDES, HARCKHAM, HOYLMAN, JACKSON, KAVANAGH, KRUEGER, LIU, MAY, MYRIE, PERSAUD, RAMOS, REICHLIN-MELNICK, RIVERA, SALAZAR, SANDERS, SAVINO, SEPULVEDA, SERRANO, STAVISKY |
| MLTSPNSR | |
| 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; creates the climate and community investment authority. | |
S04264 Floor Votes:
There are no votes for this bill in this legislative session.
Go to topS04264 Text:
Go to topSTATE OF NEW YORK ________________________________________________________________________ 4264--A 2021-2022 Regular Sessions IN SENATE February 3, 2021 ___________ Introduced by Sens. PARKER, BIAGGI, BRISPORT, COMRIE, HINCHEY, JACKSON, MAY, RAMOS, REICHLIN-MELNICK, SANDERS -- read twice and ordered print- ed, and when printed to be committed to the Committee on Environmental Conservation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01702-02-1S. 4264--A 2 1 (f) extensive environmental degradation with devastating impacts to 2 wildlife and natural habitats, ecosystems and food supplies. 3 2. Many of the impacts of climate change are already observable in New 4 York state and the northeastern United States. Annual average temper- 5 atures are on the rise, winter snow cover is decreasing, heat waves and 6 precipitation are intensifying, and sea levels along New York's coast- 7 line are approximately one foot higher than they were in 1900. New York 8 has also experienced an increasing number of extreme and unusual weather 9 events, like Hurricanes Irene and Lee and the unprecedented Superstorm 10 Sandy in 2012, which caused at least 53 deaths and $32 billion in damage 11 in New York state. 12 3. New York should therefore minimize the risks associated with 13 climate change through a combination of measures to reduce statewide 14 greenhouse gas emissions and improve the resiliency of the state with 15 respect to the impacts and risks of climate change that cannot be 16 avoided. 17 4. Climate change especially heightens the vulnerability of disadvan- 18 taged communities, including communities of color and low-income commu- 19 nities, which bear environmental and socioeconomic burdens as well as 20 legacies of racial and ethnic discrimination. Disadvantaged communities 21 are more likely to experience flooding and urban heat island effects, 22 and to live in housing vulnerable to destruction from storms. Low-in- 23 come New Yorkers lack emergency savings to keep up with necessary 24 expenses following the disruption from a major storm or climate event. 25 5. Actions taken by New York state to reduce greenhouse gas emissions, 26 and those taken to increase the resiliency of the state with respect to 27 the impacts and risks of climate change, should prioritize the safety, 28 health, and resiliency of disadvantaged communities, control potential 29 regressive impacts of future climate change mitigation and adaptation 30 policies on these communities, and prioritize the allocation of public 31 investments in these areas. 32 6. Disadvantaged communities in New York state experience greater 33 exposure to air pollution and subsequent negative health impacts, in 34 large part due to legacies of racial, ethnic, and socio-economic 35 discrimination. New York's communities of color are more likely to: 36 (a) live near sites of high pollution, including power plants, highly 37 trafficked automotive routes, waste transfer stations, landfills, 38 hazardous waste sites and toxic industrial facilities; 39 (b) breathe in a greater volume of pollution, including both ozone and 40 particulate matter; 41 (c) experience asthma and other pollution-related illnesses including 42 increased hospitalization rates for childhood asthma; 43 (d) have higher rates of cancer due to disproportionate exposure to 44 air pollution, including lung cancer and other pollution-affiliated 45 cancers; and 46 (e) experience other negative health impacts, including but not limit- 47 ed to reduced fertility rates, adverse pregnancy outcomes and increased 48 vulnerability to the consequences of co-morbidities like diabetes and 49 high blood pressure. 50 7. In the spring of 2020, New York experienced the devastating impacts 51 of the Covid-19 pandemic. Tens of thousands of New Yorkers died, and 52 many hundreds of thousands more became ill. Air pollution played a 53 significant role in this pandemic, as residents of communities of color 54 who live in highly polluted areas died disproportionately from Covid-19 55 when compared to patients from less polluted neighborhoods. Throughout 56 the pandemic, New Yorkers of color continue to disproportionatelyS. 4264--A 3 1 contract, fall ill, and die from Covid-19, in part because of dispropor- 2 tionate exposure to toxic air pollution. 3 8. The Covid-19 pandemic has also caused a national economic crisis 4 which has also severely impacted New York State. Many New Yorkers lost 5 their jobs during the Covid-19 pandemic, with unemployment rates reach- 6 ing levels not seen since the Great Depression. Such mass job loss 7 increased precarity for thousands of New Yorkers and left many less able 8 to weather current or future emergencies. Child and dependent care shor- 9 tages are and continue to be a barrier to work in New York, especially 10 for women, who disproportionately take on unpaid caregiving responsibil- 11 ities when their family cannot find or afford child and dependent care. 12 Low and middle-income families and families of color disproportionately 13 lack access to quality child and dependent care. 14 9. New York state has an interest in reducing air pollution that 15 increases risk for Covid-19 and ensuring that all populations are equal- 16 ly able to breathe clean air and live healthful lives. Actions undertak- 17 en by New York to reduce air pollution should prioritize the health and 18 safety of disadvantaged communities, prioritize the allocation of public 19 investments in these areas, and control potential regressive impacts of 20 climate policies on these communities. Further, it is in the interest of 21 the state to invest in creating stable and safe employment opportunities 22 for individuals who have lost their jobs as part of the Covid-19 23 recession. This includes protecting and promoting the ability for all 24 workers to equitably participate in a just clean energy transition by 25 increasing equitable and comprehensive access to child and dependent 26 care. 27 10. Racial justice and environmental justice are inextricably linked 28 to achieving a just clean energy transition in New York. The murder of 29 George Floyd on May 25, 2020 was followed by mass protests for Black 30 lives in New York state and throughout the nation. These movements have 31 forced a national reckoning with the fact that racial injustice has 32 resulted in over-policing and mass incarceration of communities of 33 color. It is in the interest of the state of New York that no funds 34 from programs for pricing greenhouse gas emissions are invested in 35 police, prisons or related infrastructure. 36 11. The adverse impacts of climate change are having a detrimental 37 effect on some of New York's largest industries, including agriculture, 38 commercial shipping, forestry, tourism, and recreational and commercial 39 fishing. These impacts also place additional strain on the physical 40 infrastructure that delivers critical services to the citizens of New 41 York, including the state's energy, transportation, stormwater, and 42 wastewater infrastructure. 43 12. Creating good jobs and a thriving economy is a core concern of New 44 York state. Shaping the ongoing transition in our energy sector to 45 ensure that it creates good jobs and protects workers and communities 46 that may lose employment in the current transition must be key concerns 47 of our climate policy. Setting clear standards for job quality and 48 training standards encourages not only high-quality work but positive 49 economic impacts. 50 13. Ensuring career opportunities are created and shared geograph- 51 ically and demographically is necessary to ensure increased access to 52 good jobs for marginalized communities while making the same neighbor- 53 hoods more resilient. Climate change has a disproportionate impact on 54 low-income people, communities of color, women, youth, children and 55 workers. This includes formerly incarcerated individuals. Disadvantaged 56 communities and workers must have access to all aspects of the state'sS. 4264--A 4 1 clean energy economy, including as investors and developers of clean 2 energy projects. It is in the interest of the state of New York to 3 protect and promote the interests of these groups against the impacts of 4 climate change and severe weather events and to advance our equity goals 5 by ensuring quality employment opportunities in safe working environ- 6 ments. 7 14. Addressing climate change challenges through the expansion and 8 growth of clean and renewable energy sources requires New York to make 9 substantial proprietary and financial investments in this sector and to 10 become an investor and partner in the development of renewable energy 11 programs and projects. New York has long provided forms of state assist- 12 ance, including grants, energy credits, or tax incentives to developers, 13 project owners and other entities proposing clean and renewable energy 14 projects. Key findings relating to state assistance in the clean and 15 renewable energy sector are as follows: 16 (a) providing forms of state assistance in renewable energy projects 17 results in New York becoming a co-investor in this sector with strong 18 financial, proprietary interests in the projects it supports. Such 19 assistance is essential since the expansion and development of this 20 market, would not occur at the scale and pace needed without substantial 21 financial investment by the state. New York has already invested 22 billions of dollars in promoting its renewable energy programs and will 23 continue to invest substantial sums over the next several years to 24 assist the growth and development of the sector. Such investments are 25 critical not only for the development of individual renewable energy 26 projects, but also to ensure that projects are effectively planned and 27 executed and produce adequate amounts of clean energy needed to meet the 28 state's future needs for safe, affordable reliable power; 29 (b) it is vital that the state's investments in clean and renewable 30 energy be protected and monitored through all stages of development to 31 make certain that they are effective in producing the intended results. 32 The need for this protection has grown greater due to the enormous 33 economic burden imposed on the state by the Covid-19 pandemic; 34 (c) one of the areas in need of most protection is the actual 35 construction and operation of renewable energy projects, especially 36 large-scale projects. Because the construction industry is inherently 37 complex and challenging, the delivery of projects, especially large 38 capital construction projects, is fraught with numerous high-level risks 39 that stem from various sources. These include but are not limited to 40 project funding, financial resources and stability of project partners, 41 project designs and specifications. Risks also include site conditions, 42 equipment and material supply chains, and the experience, capacity and 43 technical qualifications of developers, contractors and craft labor 44 personnel used for a given project; 45 (d) ensuring the sufficient supply of properly trained and qualified 46 craft labor personnel is vital to the protection of state interests and 47 investments in the renewable energy sector. Large-scale construction 48 projects are both labor intensive and inherently dangerous operations. 49 The timely, successful delivery of these projects is critical to the 50 delivery of safe and reliable power to consumers. Thus, the safe and 51 successful completion of these projects necessitates a highly skilled 52 workforce. It is critical that the state support the development of this 53 workforce, as the construction industry generally is facing the most 54 acute, widespread skill shortage in craft labor personnel in modern 55 times. This shortage can cause various types of project failures,S. 4264--A 5 1 including major schedule delays, cost-overruns, increased safety inci- 2 dents, or other serious problems; 3 (e) while many aspects of construction project planning cannot be 4 controlled, ensuring the adequate supply of properly trained craft 5 personnel can be effectively managed through the use of labor perform- 6 ance tools and policies. Key labor performance provisions include 7 prevailing wage requirements, project labor agreements and responsible 8 contractor provisions. These policies, in use in New York and throughout 9 the country, are shown to be effective at protecting capital investments 10 and the proprietary interests of investors. These tools also help ensure 11 that adequate numbers of skilled craft personnel are deployed to 12 projects in a timely manner and that the most highly qualified contrac- 13 tors will be attracted to such projects. These tools also protect the 14 wage rates of local communities, promote adherence to required licensing 15 and technical certifications, and maintain labor peace on projects to 16 avoid disruptions and protect project delivery; 17 (f) project labor agreements promote the planning and timely 18 completion of construction projects, especially larger scale projects, 19 by establishing pre-determined and uniform employment terms. This 20 ensures an adequate supply of properly trained craft personnel, creates 21 stability for project planning and prevents labor disruptions. Responsi- 22 ble contractor policies help ensure that contractors and subcontractors 23 used for projects are reputable, qualified firms that have sufficient 24 resources and capabilities needed to perform the work successfully. 25 Prevailing wage requirements protect local area wage rates from being 26 undermined; and 27 (g) project labor agreements, responsible contracting and prevailing 28 wage requirements also produce valuable socio-economic benefits by 29 creating quality middle class jobs and skill training opportunities in 30 New York's construction industry. Utilizing these policies will develop 31 a new generation of craft labor personnel, create jobs in the state and 32 foster economic development in communities where projects are located. 33 15. It is in the interest of the state to strengthen, monitor and 34 enforce prevailing wages, project labor agreements and responsible 35 contracting. While prevailing wage requirements are already required for 36 some renewable energy projects, these requirements should be strength- 37 ened and used in coordination with the additional labor and performance 38 standards established in this act. 39 16. The severity of current climate change and the threat of addi- 40 tional and more severe change will be affected by the actions undertaken 41 by New York and other jurisdictions to reduce greenhouse gas emissions. 42 According to the U.S. Global Change Research Program and the Intergov- 43 ernmental Panel on Climate Change substantial reductions in greenhouse 44 gas emissions will be required by mid-century in order to limit global 45 warming to no more than 2°C and ideally 1.5°C, and thus minimize the 46 risk of severe impacts from climate change. Specifically, industrialized 47 countries must reduce their greenhouse gas emissions by at least 80 48 percent below 1990 levels by 2050 in order to stabilize carbon dioxide 49 equivalent concentrations at 450 parts per million--the level required 50 to stay within the 2°C target. 51 17. In 2019, New York state demonstrated national and international 52 leadership on climate by enacting the Climate Leadership and Community 53 Protection Act ("CLCPA"), the nation's most aggressive climate law and 54 the nation's only climate law that provides for a just transition. The 55 CLCPA created a comprehensive regulatory program to reduce greenhouse 56 gas emissions from all anthropogenic sources 100% over 1990 levels byS. 4264--A 6 1 the year 2050, with an incremental target of at least a 40 percent 2 reduction in climate pollution by the year 2030, and requires investment 3 in and protection of disadvantaged communities. To meet the goals of the 4 CLCPA, the state will need to transform its energy infrastructure, 5 including the rapid and significant deployment of clean and renewable 6 energy. It is in the interest of the state to promote and provide 7 resources towards the development and maintenance of clean energy 8 infrastructure. 9 18. By exercising a global leadership role on greenhouse gas miti- 10 gation and climate change adaptation, New York will continue to position 11 its economy, technology centers, financial institutions, and businesses 12 to benefit from national and international efforts to address climate 13 change. Action undertaken by New York to reduce greenhouse emissions 14 will have an impact on global greenhouse gas emissions and the rate of 15 climate change. In addition, such action will encourage other jurisdic- 16 tions to implement complementary greenhouse gas reduction strategies and 17 provide an example of how such strategies can be implemented. It will 18 also advance the development of green technologies and sustainable prac- 19 tices within the private sector, which can have far-reaching impacts 20 such as a reduction in the cost of renewable energy components, and the 21 creation of jobs and tax revenues in New York. 22 19. It is in the interest of New York to take rapid action to reduce 23 greenhouse gas emissions and transition to a just clean energy economy. 24 Such actions include: 25 (a) raising new, dedicated revenue specifically for climate programs; 26 (b) investing in clean and renewable energy infrastructure such as 27 solar energy, offshore wind, grid storage technologies and energy effi- 28 ciency; 29 (c) rapidly transitioning to zero-emission transportation, especially 30 zero-emission school and transit buses, to reduce adverse health impacts 31 for children, workers, and communities, and improve grid resilience and 32 renewable energy reliance; 33 (d) prioritizing funding for locally driven projects to reduce emis- 34 sions and increase resiliency, especially in disadvantaged communities 35 that are most impacted by climate change and air pollution; 36 (e) creating quality employment opportunities for all New Yorkers in 37 the transition to a just clean economy and ensuring the full partic- 38 ipation and prioritization of disadvantaged communities; and 39 (f) ensuring workers and communities currently reliant on the fossil 40 fuel industry are given resources to avoid adverse economic impacts. 41 20. There is currently no state entity that is wholly dedicated to 42 achieving the outcomes of the CLCPA. Without adequately devoting state 43 resources and personnel, the outlined emissions reductions and electri- 44 fication goals will not be realized in the target timeframe. Pursuant 45 to the CLCPA, the state has less than 30 years to fully transition the 46 10th largest economy in the world to one that is fossil fuel free, and 47 intentionally prioritize overburdened populations. Reaching these goals 48 will improve the health and well-being of the residents of the state and 49 advance the state's economic interests. It is also critical that best 50 value procurement requirements are established within the authority to 51 optimize the solicitation, evaluation and award of renewable energy 52 projects assisted by the state. 53 21. It is in the interest of the state to establish a dedicated 54 authority to ensure that New York's climate goals are accomplished. Such 55 an authority would be able to nimbly manage the proceeds from a polluter 56 fee which will amass significant revenue and require ongoing management.S. 4264--A 7 1 This authority would also disburse funds for clean energy community 2 scale projects in a timely and efficient manner while employing best 3 value procurement practices. In addition, a new authority would have the 4 capacity to ensure prioritization of projects and funds for impacted 5 communities, coordinate statewide emissions reduction strategies and 6 assist impacted workers in a transition away from fossil fuels through 7 specialized assistance programs. 8 22. This legislation will build upon the developments outlined above 9 by creating a comprehensive program for pricing greenhouse gas emissions 10 and investing in a just transition to a low-carbon New York state econo- 11 my, in accordance with the targets established in the CLCPA. 12 § 3. Article 19 of the environmental conservation law is amended by 13 adding a new title 13 to read as follows: 14 TITLE 13 15 VALUE OF POLLUTION AND MITIGATION PROGRAM 16 Section 19-1301. Definitions. 17 19-1303. Methodology and valuation of pollution price index. 18 19-1305. Implementation of fees. 19 19-1307. Allocation of revenues. 20 19-1309. Inventory. 21 19-1311. Transportation pollution. 22 19-1313. Reporting. 23 § 19-1301. Definitions. 24 For the purposes of this title, the following terms shall have the 25 following meanings: 26 1. "The Act" shall have the same meaning as in subdivision eight of 27 section 19-0107 of this article. 28 2. "The authority" means the climate and community investment author- 29 ity created under the public authorities law. 30 3. "Comptroller" means the New York state comptroller. 31 4. "Covered sources" means those sources of regulated air contaminants 32 required to have a permit under Title V of the Act (42 U.S.C. section 33 7661 et seq). 34 5. "Cumulative burdens" mean the adverse health impacts that accrue to 35 individuals and population groups as a result of exposure to pollution 36 over time, and as a result of exposure to multiple forms of pollution 37 and other risk factors, including poverty, violence, and substance 38 abuse. 39 6. "Disadvantaged communities" shall have the same meaning as in 40 subdivision five of section 75-0101 of this chapter. 41 7. "Downstate region" means the counties of Richmond, Kings, Queens, 42 New York, Bronx, Westchester, Nassau and Suffolk. 43 8. "Emissions hotspot" means a location where emissions of regulated 44 air contaminants from specific sources may expose individuals and popu- 45 lation groups to elevated risks of adverse health effects and may 46 contribute to the cumulative health risks of emissions from other sourc- 47 es in the area. 48 9. "Emissions leakage" means an increase in emissions outside of the 49 state, as a result of, or in correlation with, the implementation of 50 measures within the state to limit such emissions. 51 10. "Greenhouse gas" means carbon dioxide, methane, nitrous oxide, 52 hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, and any other 53 substance emitted into the air that may be reasonably anticipated to 54 cause or contribute to anthropogenic climate change, with the exception 55 of agricultural emissions from livestock.S. 4264--A 8 1 11. "Regulated air contaminant" shall have the same meaning as in 2 subdivision twenty-two of section 19-0107 of this article. 3 12. "President" means the president of the climate and community 4 investment authority. 5 13. "Social cost of pollution" means the cost to New York residents of 6 emitting one ton, or another unit of measurement deemed appropriate by 7 the authority, of a given regulated air contaminant. 8 14. "Upstate region" means all New York state counties other than 9 Nassau, Suffolk, Richmond, Kings, Queens, New York, Bronx and Westches- 10 ter. 11 15. "Working group" means the climate justice working group estab- 12 lished under section 75-0111 of this chapter. 13 § 19-1303. Methodology and valuation of pollution price index. 14 1. Not later than one year after the effective date of this title, the 15 authority, in coordination with the department, shall publish an index 16 that lists the social cost of pollution for all regulated air contam- 17 inants, or appropriate sub-grouping thereof. At the same time, the 18 authority shall publish a methodology for determining the social cost of 19 pollution for each regulated air contaminant, or appropriate sub-group- 20 ing thereof. In determining the social cost of pollution for a given 21 regulated air contaminant, the authority shall consider, at a minimum: 22 (a) public health impacts, including but not limited to: loss of 23 life, loss of welfare, and employment impacts; 24 (b) impacts to public and private property, including agricultural 25 property; 26 (c) impacts to ecosystems and the ability of ecosystems to provide 27 ecosystem services; and 28 (d) the full life-cycle of impacts. 29 2. If the authority, in coordination with the department, demonstrates 30 that it is not administratively feasible in the time allotted in subdi- 31 vision one of this section to complete a methodology for each individual 32 regulated air contaminant, or appropriate sub-grouping thereof, then the 33 authority may delay the completion of methodologies for some portion of 34 regulated air contaminants for future rule-makings, provided that: 35 (a) in the first publication of such methodologies, the authority 36 completes a methodology, pursuant to subdivision one of this section, 37 for each of the following pollutants: 38 (i) oxides of nitrogen; 39 (ii) volatile organic compounds; 40 (iii) sulfur dioxide; 41 (iv) particulate matter; 42 (v) carbon monoxide; and 43 (vi) lead; 44 (b) in the first publication of such methodologies, the authority 45 completes a methodology, pursuant to subdivision one of this section, 46 for each of the air contaminants listed under section 112 of the Act (42 47 USC section 7412) that the authority finds to be most damaging to public 48 health in New York, of all air contaminants listed under such section; 49 (c) the authority demonstrates and publishes, along with the publica- 50 tion of methodologies described under subdivision one of this section, a 51 description of why it is not administratively feasible in the time 52 allotted in subdivision one of this section to complete a methodology, 53 for each individual regulated air contaminant, or appropriate sub-group- 54 ing thereof; and 55 (d) the authority subsequently publishes at least five additional 56 methodologies per year, until that date when each regulated air contam-S. 4264--A 9 1 inant, or appropriate sub-grouping thereof, has a complete methodology 2 ascribed to it. 3 § 19-1305. Implementation of fees. 4 1. Not later than two years after the effective date of this title, 5 the authority shall institute a system of compliance fees that reflect 6 the index established under section 19-1303 of this title. All covered 7 sources shall be required to pay the fee for each regulated air contam- 8 inant emitted. 9 2. Notwithstanding any inconsistent provisions of the state adminis- 10 trative procedure act, such fee shall be established as a rule by publi- 11 cation in the environmental notice bulletin no later than thirty days 12 after the budget bills making appropriations for the support of govern- 13 ment are enacted or July first, whichever is later, of the year such fee 14 will be effective. 15 3. Bills issued for the fee shall be based on actual emissions for the 16 prior calendar year, as demonstrated to the authority's satisfaction, or 17 in the absence of such demonstration, on permitted emissions, or, where 18 there is no applicable permit, on potential to emit. Persons required to 19 submit an emissions statement to the authority shall use such statement 20 to demonstrate actual emissions under this section. 21 4. Any person required to pay fees imposed pursuant to this section 22 may elect to base such fees on the level of permitted emissions set 23 forth in a permit, certificate or approval issued pursuant to section 24 19-0311 of this article. 25 5. If a city or county is delegated the authority to administer the 26 operating permit program established pursuant to section 19-0311 of this 27 article, it may collect the fees established pursuant to this section 28 and no additional liability for fees under this section shall accrue for 29 any such source. 30 § 19-1307. Allocation of revenues. 31 1. The comptroller and authority shall establish a trust fund to be 32 known as the "value of pollution and mitigation program fund", consist- 33 ing of such amounts as may be appropriated or credited to such fund as 34 provided in this section. 35 2. (a) Funds received under this title shall be allocated according- 36 ly: 37 (i) forty percent of funds shall go to the environmental justice 38 office of the authority; 39 (ii) twenty percent of funds shall go to expanding, operating and 40 maintaining the New York state Title V emissions inventory within the 41 department; 42 (iii) twenty percent of funds shall go to expanding, operating and 43 maintaining air quality monitoring, including ambient air quality moni- 44 toring and point source monitoring within the department; and 45 (iv) twenty percent of funds shall be allocated at the discretion of 46 the authority, based on the needs of the authority. 47 No funds shall be allocated to fund police, prisons or related infras- 48 tructure. 49 (b) The value of pollution and mitigation program fund shall be admin- 50 istered by the authority. 51 § 19-1309. Inventory. 52 Not later than eighteen months after the effective date of this title, 53 the authority shall update and publish the inventory of emissions from 54 Title V sources to:S. 4264--A 10 1 1. assess the extent to which given regulated air contaminants, espe- 2 cially air contaminants that have highly adverse health impacts, are 3 co-emitted with greenhouse gas emissions; 4 2. assess the extent to which regulated air contaminants that have 5 especially adverse health impacts are likely to be reduced over time as 6 a result of: 7 (a) the fee established in section three thousand forty of the tax 8 law; and 9 (b) the investment programs established in title nine-C of article 10 eight of the public authorities law; 11 3. identify and analyze emissions hotspots and cumulative burdens, 12 pertaining to regulated air contaminants in order to prioritize emis- 13 sions reductions in these areas; 14 4. assess emissions and pollution-related health impacts associated 15 with the transportation sector; and 16 5. make the Title V emissions inventory more accessible to the public 17 including, but not limited to, taking action to release the related 18 data, analysis and assumptions of agency websites. 19 § 19-1311. Transportation pollution. 20 1. Not later than one year after the effective date of this title, the 21 commissioner, in consultation with the authority, shall prepare and 22 approve a scoping plan outlining the authority's recommendations for 23 accelerating the reduction of regulated air contaminants from mobile 24 sources. 25 2. The draft scoping plan shall be developed in consultation with the 26 working group and other stakeholders. 27 (a) The authority shall provide meaningful opportunities for public 28 comment from all persons who will be impacted by the plan, including 29 persons living in disadvantaged communities. 30 (b) On or before one year after the effective date of this title, the 31 authority shall submit the final scoping plan to the governor, the 32 speaker of the assembly and the temporary president of the senate and 33 post such plan on its website. 34 3. The measures and actions considered in such scoping plan shall at a 35 minimum include: 36 (a) performance-based standards for mobile sources of regulated air 37 contaminants; 38 (b) market-based mechanisms to reduce emissions from mobile sources, 39 including: 40 (i) the imposition of fees per unit of regulated air contaminant; 41 (ii) a zoned surcharge system on trucking and ports; and 42 (iii) congestion pricing; 43 (c) the creation of low emission zones and the policies to promote 44 zero-emission and low-emission transportation options, including the 45 electrification of port facilities and freight transportation; and 46 (d) land-use and transportation planning measures aimed at reducing 47 emissions from mobile sources. 48 4. No later than three years after the effective date of this title, 49 the authority, after public workshops and consultation with the working 50 group, representatives of regulated entities, and other stakeholders, 51 and not less than two public hearings, shall promulgate rules and regu- 52 lations to accelerate the reduction of regulated air contaminants from 53 mobile sources. 54 (a) The regulations promulgated by the authority pursuant to this 55 subdivision may include legally enforceable emissions limits, perform- 56 ance standards, market-based mechanisms or measures or other require-S. 4264--A 11 1 ments to control regulated air contaminant emissions from mobile sourc- 2 es. The authority is hereby authorized to establish any such policies 3 pursuant to this section. 4 (b) In promulgating these regulations, the authority shall: 5 (i) design and implement all regulations in a manner that seeks to be 6 equitable, to minimize costs and to maximize the total benefits to the 7 state; 8 (ii) ensure that emissions reductions achieved are real, quantifiable, 9 verifiable, and enforceable by the authority; 10 (iii) ensure that activities undertaken to comply with the regulations 11 do not disproportionately burden disadvantaged communities; 12 (iv) prioritize measures to maximize net reductions of emissions in 13 disadvantaged communities; 14 (v) prioritize measures that encourage early action to reduce emis- 15 sions; and 16 (vi) minimize emissions leakage. 17 5. If any of the policies implemented by the authority pursuant to 18 this section generate state revenue, the authority shall ensure that, at 19 a minimum, forty percent of any funds collected are invested in a manner 20 which will benefit disadvantaged communities, consistent with the 21 purposes of this title. The authority shall consult with the working 22 group in developing and carrying out such investments. 23 § 19-1313. Reporting. 24 1. Not later than three years following the effective date of this 25 title, and every two years thereafter, the authority, in partnership 26 with the working group, shall produce a report on the implementation of 27 the policies established under this title. Such report shall include, 28 but not be limited to: 29 (a) the effectiveness of the fees established in section 19-1305 of 30 this title to reduce regulated air contaminants statewide and within 31 geographic subdivisions of the state; 32 (b) the effectiveness of the policies established under section 33 19-1311 of this title to reduce regulated air contaminants from mobile 34 sources statewide and within geographic subdivisions of the state; 35 (c) an overview of social benefits from the regulations or other meas- 36 ures established pursuant to this title, including reductions in regu- 37 lated air contaminants, and other benefits to the economy, environment, 38 and public health, including but not limited to the health of women, 39 youth and children and a detailed analysis of the benefits to disadvan- 40 taged communities; 41 (d) an overview of compliance costs for regulated entities; 42 (e) an overview of administrative costs for the authority and other 43 state agencies; 44 (f) whether the fees established in this title are equitable, minimize 45 costs and maximize the total benefits to the state; 46 (g) recommendations as to changes that should be made to any policy 47 promulgated pursuant to this title, including the methodology estab- 48 lished under section 19-1303 of this title, and the implementation of 49 the fees established under section 19-1305 of this title; and 50 (h) recommendations for future regulatory actions pertaining to reduc- 51 ing regulated air contaminants from mobile and stationary sources. 52 2. Before finalizing the report described in subdivision one of this 53 section, the authority shall ensure that there are meaningful opportu- 54 nities for public participation, including by:S. 4264--A 12 1 (a) allowing at least one hundred twenty days for the submission of 2 public comment, following the date of the publication of a draft report; 3 and 4 (b) holding at least four regional public hearings, including two 5 meetings in the upstate region and two meetings in the downstate region, 6 with emphasis on maximizing participation and accessibility for members 7 of disadvantaged communities. 8 3. The final report shall be submitted to the governor, the temporary 9 president of the senate, the speaker of the assembly, the minority lead- 10 er of the senate and the minority leader of the assembly, and shall be 11 posted on the website of the department. 12 § 4. The executive law is amended by adding a new section 184 to read 13 as follows: 14 § 184. Diversion of funds dedicated to climate and community invest- 15 ment to the general fund of the state or to any other purpose, is 16 prohibited. 1. For the purposes of this section, the term "climate and 17 community investment" shall mean any public benefit corporation consti- 18 tuting a climate and community investment authority which provides or 19 contracts for the provision of climate and community investment, or a 20 subsidiary thereof, or any county or city which provides or contracts 21 for the provision of, pursuant to title nine-C of the public authorities 22 law. 23 2. The director of the budget shall be prohibited from diverting 24 revenues derived from fees paid by the public into any fund created by 25 law including but not limited to article forty-two of the tax law, arti- 26 cle forty-three of the tax law, and article eight-B of the labor law for 27 the purpose of funding climate and community investment into the general 28 fund of the state or into any other fund maintained for the support of 29 another governmental purpose. No diversion of funds can occur contrary 30 to this section by an administrative act of the director of the budget 31 or any other person in the executive branch. 32 3. If any diversion of funds occurs by passage of legislation during a 33 regular or extraordinary session of the legislature, the director of the 34 budget shall create and include with the budget or legislation diverting 35 funds, a diversion impact statement which shall include the following 36 information: 37 (a) the amount of the diversion from dedicated climate and community 38 investment funds; 39 (b) the amount diverted from each fund; 40 (c) the cumulative amount of diversion from dedicated climate and 41 community investment funds during the preceding five years; 42 (d) the date or dates when the diversion is to occur; and 43 (e) a detailed estimate of the impact of diversion from dedicated 44 climate and community investment, including any impact on climate 45 infrastructure development, just transition, worker and community assur- 46 ance, energy rebates, maintenance, security, and the current capital 47 program. 48 4. The state comptroller shall report on the receipt of all funds 49 collected pursuant to the climate and community investment act in exist- 50 ing cash basis reports, and the spending of any fund collected or spent 51 pursuant to such act by the authority in its existing transparency 52 report as well as if consideration is given to moving such funds on or 53 off budget. 54 § 5. The labor law is amended by adding a new article 8-B to read as 55 follows:S. 4264--A 13 1 ARTICLE 8-B 2 RESPONSIBLE CONTRACTING, LABOR AND JOB STANDARDS AND 3 WORKER PROTECTION 4 Section 228. Definitions. 5 229. Labor and project performance standards. 6 229-a. Best value requirements for the solicitation, evaluation 7 and award of renewable energy projects, energy efficiency 8 projects and other construction projects undertaken with 9 support from the authority or receiving state assistance. 10 229-b. Best value requirements for all work other than 11 construction. 12 § 228. Definitions. For the purposes of this title, the following 13 terms shall have the following meanings: 14 1. "The Act" shall mean the "climate and community investment act". 15 2. "The authority" shall mean the climate and community investment 16 authority created under the public authorities law. 17 3. "Climate and community investment" shall mean any public benefit 18 corporation constituting a climate and community investment authority 19 which provides or contracts for the provision of climate and community 20 investment, or a subsidiary thereof, or any county or city which 21 provides or contracts for the provision of, pursuant to title nine-C of 22 the public authorities law. 23 4. "Director" means the director of an office appointed under para- 24 graph (b) of subdivision seven of section twenty-seven hundred ninety- 25 nine-uuuu of the public authorities law. 26 5. "Labor organization" means any organization which exists and is 27 constituted for the purpose, in whole or in part, of collective bargain- 28 ing, or of dealing with employers concerning grievances, terms or condi- 29 tions of employment, or of other mutual aid or protection and which is 30 not a company union. This includes, but is not limited to bona fide 31 labor organizations that are certified or recognized as the organization 32 of jurisdiction representing the workers involved and/or bona fide 33 building and construction trades councils and/or district councils and 34 state and local labor federations comprised of local unions certified or 35 recognized as the representative of the workers. 36 6. "Neutrality policy/agreement" shall mean a policy or agreement 37 wherein an employer remains neutral in a union organizing drive and does 38 not actively oppose union efforts to gain majority support of the rele- 39 vant employees of the employer. 40 7. "President" means the president of the climate and community 41 investment authority. 42 8. "Project labor agreement" or "PLA" shall mean a pre-hire collective 43 bargaining agreement between a construction industry employer and a bona 44 fide building and construction trade labor organization representing all 45 construction trades that will perform work on a project and that 46 provides only contractors and subcontractors who agree to comply with 47 the PLA shall be eligible to perform work on the project. 48 § 229. Labor and project performance standards. The following require- 49 ments shall apply to any projects assisted under the Act: 50 1. Construction - project labor agreement. A project labor agreement 51 for purposes of this section is a pre-hire collective bargaining agree- 52 ment with labor organizations in the construction industry that estab- 53 lishes the terms and conditions of employment for a specific 54 construction project and is an agreement described in 29 U.S.C. 158(F). 55 2. Execution of project labor agreement. The party which receives 56 assistance from the state for a renewable energy project, energy effi-S. 4264--A 14 1 ciency project, other construction project undertaken with support from 2 the authority, or receiving state assistance shall take the necessary 3 contractual actions to ensure that a project labor agreement is executed 4 between the general contractor or other entity responsible for 5 construction of the assisted project and bona fide building and 6 construction trade councils that have the capability to supply skilled 7 craft personnel in all crafts needed for the project in the area where 8 the project is located. 9 3. Terms of project labor agreement. A project labor agreement 10 executed for purposes of this section shall include the necessary 11 provisions to: 12 (a) bind all contractors and subcontractors on the assisted project to 13 the project labor agreement through the inclusion of appropriate spec- 14 ifications in all relevant solicitation provisions and contract docu- 15 ments; 16 (b) allow all contractors and subcontractors to compete for contracts 17 and subcontracts on the project without regard to whether they are 18 otherwise parties to collective bargaining agreements; 19 (c) establish uniform terms and conditions of employment for all 20 construction craft labor employed on the projects; 21 (d) contain guarantees against strikes, lockouts, and similar job 22 disruptions; 23 (e) set forth effective, prompt, and mutually binding procedures for 24 resolving labor disputes arising during the project labor agreement; and 25 (f) include any other provisions as negotiated by the parties needed 26 to promote successful delivery of the assisted project. 27 4. Penalties and sanctions. The failure of a party receiving assist- 28 ance under the Act to ensure compliance with the requirements of this 29 section shall constitute a material breach of the agreement under which 30 assistance is provided and shall permit the state to impose applicable 31 penalties and sanctions for conduct constituting non-compliance, includ- 32 ing but not limited to revocation of all or part of the assistance 33 provided by the state. 34 5. Responsible contractor requirements. The party which receives 35 assistance from the state for a renewable energy project, energy effi- 36 ciency project, or other construction project undertaken with support 37 from the authority shall take the necessary contractual actions to 38 ensure each contractor and subcontractor involved in the construction of 39 the assisted project completes a sworn certification that the firm: 40 (a) has the necessary resources to perform the portion of the assisted 41 project to which they are assigned, including the necessary technical, 42 financial, and personnel resources; 43 (b) has all required contractor, specialty contractor or trade 44 licenses, certifications or certificates required of any business entity 45 or individual by applicable state or local law; 46 (c) participates in an apprenticeship training program for each trade 47 in which it employs craft workers that is registered with and approved 48 by the U.S. department of labor or a state apprenticeship agency and 49 shall provide proof within seven days of a request from the authority or 50 any authority or agency that its program is actively training employees, 51 has functioning training facilities, and is regularly graduating appren- 52 tices to journey person status, and such apprentices are placed in 53 employment, hereinafter referred to as "class A apprenticeship 54 programs"; 55 (d) in the past three years: 56 (i) has not been debarred by any government agency;S. 4264--A 15 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; 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 will 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 (e) will not misclassify craft labor employees as independent contrac- 12 tors. 13 6. Contractor responsibility certifications executed in accordance 14 with this article: 15 (a) shall be submitted to the authority and the department at least 16 thirty days prior to commencement of construction of a state-assisted 17 project; and 18 (b) shall constitute public documents which shall be made available 19 without redaction on a publicly available website within seven days of 20 being submitted to the authority and the department. 21 7. Fraudulent certifications. A responsible contractor certification 22 containing false, misleading, or inaccurate information shall, after 23 notice and opportunity to be heard, subject the firm to a three-year 24 debarment from future public and publicly assisted projects and other 25 applicable penalties and sanctions. 26 8. Penalties and sanctions. The failure of a party receiving assist- 27 ance under the Act to ensure compliance with the requirements of this 28 article shall constitute a material breach of the agreement under which 29 assistance is provided and shall permit the state to impose applicable 30 penalties and sanctions for conduct constituting non-compliance, includ- 31 ing but not limited to revocation of part or all of the assistance 32 provided by the state. 33 9. Prevailing wage rates. Contractors and subcontractors on assisted 34 projects shall pay construction craft employees on the project, at a 35 minimum, the applicable prevailing wage and fringe benefit rates for the 36 appropriate classification in which the worker is employed. Firms 37 engaged in the construction of an assisted project shall be subject to 38 all reporting, and compliance requirements of article eight of this 39 chapter. Violations of prevailing wage requirements on assisted projects 40 shall be subject to penalties and sanctions applicable to public works 41 projects. 42 10. Prevailing wage exception. Prevailing wage requirements under the 43 Act shall not apply to assisted projects covered by project labor agree- 44 ments. 45 § 229-a. Best value requirements for the solicitation, evaluation and 46 award of renewable energy projects, energy efficiency projects, other 47 construction projects undertaken with support from the authority or 48 receiving state assistance. 1. Purpose. The purpose of this section is 49 to establish best value requirements for the solicitation, evaluation 50 and award of renewable energy projects, energy efficiency projects, and 51 other construction projects undertaken with support from the authority, 52 or assisted by the state, including those assisted by the Act. 53 2. Definitions. For purposes of this section, the following terms 54 shall be defined as follows:S. 4264--A 16 1 (a) "agency" means the New York state energy research and development 2 authority or any other state department or agency that provides assist- 3 ance to covered projects. 4 (b) "best value" shall be given the meaning specified in paragraph j 5 of subdivision one of section one hundred sixty-three of the state 6 finance law. 7 (c) "contracting team" means the lead contractor and project subcon- 8 tractors. 9 (d) "covered projects" means projects designed to provide renewable 10 energy, as defined in paragraph (b) of subdivision one of section 11 sixty-six-p of the public service law, which are eligible to receive 12 energy credits or other forms of assistance from the state. 13 (e) "offeror" means the project owner, developer or other entity which 14 seeks to propose a renewable energy project, energy efficiency project, 15 other construction project undertaken with support from the authority, 16 or receiving state assistance and obtain renewable energy credit or 17 other assistance from the state. 18 (f) "lead contractor" means the general contractor, construction 19 manager or other prime contractor which is contracted by the offeror to 20 build a covered project. 21 (g) "project team" means the lead contractors and all subcontractors 22 proposed for the project. 23 3. Solicitation requirements for covered projects. Solicitations used 24 to provide state assistance to covered projects shall utilize the 25 following procedures: 26 (a) solicitations shall be designed to ensure best value results for 27 the state by: 28 (i) permitting project proposals for any type of viable renewable 29 energy source; and 30 (ii) promoting maximum competition among qualified offerors presenting 31 proposals. 32 (b) solicitations shall be administered through a public request for 33 proposals process that provides adequate notice, instructions for 34 submitting proposals and other relevant information as determined by the 35 agency. 36 (c) requests for proposals shall require sealed proposals from an 37 offeror, which include: 38 (i) proposed project, including type, viability and projected amount 39 of energy, project plan and schedule. 40 (ii) the qualifications, resources and capabilities of the offeror 41 and, the project team to be used on the project. 42 (d) the agency shall approve the project that provides the best value, 43 considering the viability and benefits of the proposed project and qual- 44 ifications of the offeror and project team. 45 4. Request for proposals process. Requests for proposals shall be 46 administered in compliance with this section and additional instructions 47 set forth in the solicitation and notice of requests for proposals: 48 (a) the agency shall evaluate proposals on the basis of a maximum 49 point scale. The proposal that attains the high score shall be selected 50 for award. Proposals shall be scored only on the basis of the evaluation 51 factors set forth in the request for proposals. 52 (b) request for proposals shall include only factors listed in this 53 section and any additional factors or subfactors the agency deems neces- 54 sary for achieving best value results for the state.S. 4264--A 17 1 (c) in determining which proposal offers the best value to the state, 2 the agency shall evaluate the following factors in accordance with the 3 following criteria: 4 (i) proposed project; 5 (ii) offeror qualifications; 6 (iii) project team qualifications; 7 (iv) economically disadvantaged impact. 8 5. Project selection. The offeror that complies with the specifica- 9 tions and requirements of the request for proposals and receives the 10 highest maximum score shall be selected by the agency for project award. 11 6. Evaluation of proposed project. In evaluating competitive 12 proposals, the agency shall evaluate the proposed project on the follow- 13 ing factors: 14 (a) projected amount of energy to be generated; 15 (b) viability of the proposed energy source; 16 (c) feasibility of the project plan and schedule; 17 (d) qualifications of the project team. 18 7. Evaluation of offeror's qualifications. The offeror's qualifica- 19 tions shall be determined by an evaluation of its past performance 20 record, expertise and technical qualifications and present performance 21 capabilities, including financial resources and experience of the 22 offeror's senior management and project team management. 23 8. Evaluation of project team qualifications. The qualifications of 24 the lead contractor and subcontractors shall be determined by an evalu- 25 ation of the following subfactors: 26 (a) past performance record: 30 points. Evaluation of this subfactor 27 requires a review of past projects, including budget, schedule and safe- 28 ty data, performance evaluation reports, quality of workmanship and 29 compliance with project specifications. 30 (b) expertise and technical qualifications: 10 points. Evaluation of 31 this subfactor requires examination of the general and specific experi- 32 ence in relevant market sectors and in projects similar to the proposed 33 project. 34 (c) performance capabilities of management: 10 points. Evaluation of 35 this subfactor requires examination of: 36 (i) resources, including equipment and financial resources; 37 (ii) experience of the senior management and project management of the 38 lead contractor and subcontractors; and 39 (d) performance capabilities of craft labor: 40 points. Evaluation of 40 craft labor personnel shall consider the use of: 41 (i) project labor agreements as a reliable source for ensuring an 42 adequate supply of skilled craft labor in all trades needed for the 43 proposed project; 44 (ii) participation in registered apprenticeship programs that have a 45 track record of graduating apprentices for at least three years and 46 journeyperson; 47 (iii) training programs used to provide training for up-grading skills 48 or training for specialized skills; and 49 (iv) training programs that provide safety training and certification, 50 including, but not limited to OSHA 10 hour and 30 hour programs. 51 9. Prelisting of subcontractors. The lead contractor shall provide a 52 list in its proposals that identifies the names of all subcontractors, 53 regardless of tier, it proposes to use for the project and the scope of 54 work and approximate percentage of the total project of each subcontrac- 55 tor listed.S. 4264--A 18 1 10. Prequalification process. Requests for proposals may be preceded 2 by a prequalification stage to require interested offerors to demon- 3 strate that they have adequate minimum qualifications and sufficiently 4 viable project proposals to qualify to compete in a request for 5 proposals process. 6 11. Evaluation of economically disadvantaged impact. Evaluation of 7 this factor shall include an assessment of the degree to which the 8 project promotes opportunities to small, minority-owned businesses and 9 workers in economically disadvantaged communities. 10 12. Project evaluation team. Proposals submitted in response to 11 request for proposals under this section shall be evaluated by a techni- 12 cal evaluation team that consists of no fewer than three persons quali- 13 fied to conduct such evaluations. 14 13. Audits of evaluation process. Proposal evaluations pursuant to 15 this section shall be subject to periodic audits, including random, 16 unannounced audits by qualified personnel appointed by the agency to 17 ensure the evaluation process is conducted in accordance with this 18 section and the requests for proposals. 19 14. Project performance evaluations. Project evaluation reports shall 20 be prepared upon completion for projects that receive state assistance. 21 Project evaluation reports shall include information determined relevant 22 by the agency but shall at a minimum include the following: 23 (a) the amount of energy projected in the project proposal and the 24 actual amount of energy the facility is capable of producing; 25 (b) the proposed project completion date and the actual completion 26 date; and 27 (c) additional information as determined by the agency. 28 § 229-b. Best value requirements for all work other than construction. 29 1. Purpose. This section establishes best value requirements for the 30 solicitation, evaluation and award of renewable energy and other 31 projects assisted by the state, including those assisted by the Act. All 32 investments under this section shall utilize the following best value 33 framework to evaluate bids for projects developed with these funds. The 34 best value framework shall provide specially-defined best value 35 contracting and labor provisions as options for any bidder responding to 36 requests for proposals for renewable energy projects. Bids that include 37 responsive provisions can receive added credit to their bid scores. 38 2. Definitions. For purposes of this section, the following terms 39 shall be defined as follows: 40 (a) "awarding authority" shall mean the governmental unit empowered to 41 request bids and enter into contracts for renewable energy projects, 42 energy efficiency, and other projects other then the construction aspect 43 of the project funded by this statute. 44 (b) "best-value framework" shall mean contracts and subcontracts on 45 projects funded by the Act shall use a best-value framework to consider 46 the quality, cost and efficiency of offers when evaluating procurement 47 contract proposals. Such framework shall reflect, whenever possible, 48 objective and quantifiable analysis and identify a quantitative factor 49 for offerors. 50 (c) "contract" shall mean a direct agreement between a vendor and the 51 awarding authority for projects funded by the Act valued at five million 52 dollars and over. 53 (d) "vendor" shall mean a business entity entering into a contract 54 with the awarding authority for projects, including manufacturing 55 projects, funded by the Act.S. 4264--A 19 1 (e) "subcontract" shall mean an agreement between a vendor and subven- 2 dor to provide manufactured materials or perform additional work under 3 the vendor. 4 (f) "subvendor" shall mean a business entity entering into a subcon- 5 tract with the vendor to provide manufactured materials for completion 6 of a contract or perform additional work under the vendor. 7 (g) "U.S. employment plan" (USEP) shall mean the plan which an entity 8 submitting proposals to awarding authorities for renewable energy 9 projects, energy efficiency, other projects other than the construction 10 aspect of the project include in their proposal to receive extra credit 11 and/or points as defined by the applicable awarding authority. If a 12 proposer chooses to submit a U.S. employment plan to win extra credit, 13 the proposal shall include a worksheet with: proposed wages, benefits, 14 retraining and training, including a workforce training plan, completed 15 by the proposer and the potential subvendors, and a narrative 16 description of the proposers' plan to: 17 (i) recruit and hire individuals from zip codes with high rates of 18 poverty unemployment, and chronic unemployment; 19 (ii) give priority in any hiring of employees not currently or previ- 20 ously employed by the proposer and the suppliers of manufactured materi- 21 als for the project to individuals with barriers to employment including 22 people who have been incarcerated, people with disabilities, and people 23 who have been traditionally underrepresented in manufacturing or 24 construction employment, like women and minorities; and 25 (iii) recruit from "disadvantaged workers" and "disadvantaged communi- 26 ties" as defined by the Act and not detailed in this section. 27 (h) "local employment plan" shall mean the plan which an entity 28 submitting proposals to awarding authorities for renewable energy 29 projects, energy efficiency, other projects other than the construction 30 aspect of the project include in their proposal to receive extra credit 31 and/or points as defined by the applicable awarding authority. The local 32 employment plan will apply to work that is not financed with federal 33 money. A proposer is required to submit a local employment plan to win 34 extra credit. The proposer shall include the same items in the U.S. 35 employment plan as well as a plan: 36 (i) to retain and create high-skilled local jobs; and 37 (ii) to develop family-sustaining career pathways into the sector for 38 disadvantaged workers and disadvantaged communities in a specified local 39 area. 40 (i) "workforce training plan" means a plan to create permanent, trans- 41 ferable skills for all new hires and retained employees under a contract 42 proposal, which may: 43 (i) take advantage of publicly funded workforce development programs, 44 an apprenticeship program registered with the department or a federally 45 recognized state apprenticeship agency and that complies with the 46 requirements under Parts 29 and 30 of title 29, code of federal regu- 47 lations; and 48 (ii) include pre-apprenticeship commitments to provide training that 49 helps participants in apprenticeship programs prepare for and success- 50 fully complete their training. 51 3. Application process. This section shall apply to all contracts as 52 defined in this section. 53 (a) in awarding contracts under this section, awarding authorities 54 shall utilize the best-value framework for contracts. 55 (b) awarding authorities shall develop a system for awarding extra 56 points and/or credit for those proposers that create and submit a localS. 4264--A 20 1 employment plan or U.S. employment plan (depending on source of fund- 2 ing). 3 (c) final contracts with a local employment plan and/or U.S. employ- 4 ment plan that are awarded under this section shall require vendors to 5 submit quarterly reports within the first year of award and annual 6 reports for subsequent years demonstrating vendor and subvendor compli- 7 ance with their local employment plan and/or U.S. employment plan. These 8 quarterly and annual reports shall be certified under penalty of perjury 9 and must be submitted in order to receive milestone payments under the 10 contract. 11 (d) requests for proposals under this section shall specify that terms 12 and conditions of employment and compliance reports under the local 13 employment plan and/or U.S. employment plan are not exempt from disclo- 14 sure under the freedom of information law. Quarterly and subsequent 15 annual reports related to contract fulfillment will be shared online on 16 the awarding authority's web site. 17 (e) the awarding authority shall enact regulations creating forms for 18 completion of the local employment plan and/or U.S. employment plan that 19 the awarding authority will include with requests for proposals for 20 contracts. 21 § 6. Section 231 of the labor law is amended by adding a new subdivi- 22 sion 8 to read as follows: 23 8. Building service employees employed in any building or facility 24 that has received grants or tax abatements or exemptions or other 25 assistance with a total present financial value of one million dollars 26 or more for the increase of energy efficiency, building electrification 27 upgrades, the development of renewable energies, or climate change resi- 28 liency shall be paid not less than the prevailing wage. Employers 29 engaged in the provision of building service work shall be subject to 30 all the reporting and compliance requirements of this article, including 31 the right to maintain an action for the difference between the prevail- 32 ing wages and the wages actually received. The prevailing wage require- 33 ment shall apply for the duration of the assistance or ten years after 34 the project opens, whichever is longer. 35 § 7. Article 8 of the public authorities law is amended by adding a 36 new title 9-C to read as follows: 37 TITLE 9-C 38 CLIMATE CHANGE JUST TRANSITION 39 SUBTITLE I 40 GENERAL PROVISIONS 41 Section 1910. Definitions. 42 1911. Coordination of programs. 43 1912. Transparency and accountability. 44 1913. Report on community ownership. 45 SUBTITLE II 46 COMMUNITY JUST TRANSITION 47 Section 1914. Definitions. 48 1915. Office of community just transition. 49 1916. Establishment of community just transition program. 50 1917. Administration by the authority. 51 1918. Allocation of funds. 52 1919. Selection process. 53 1920. Identification of disadvantaged community needs. 54 1921. Community decision-making and accountability mechanisms.S. 4264--A 21 1 1922. Criteria for implementing community accountability mech- 2 anisms. 3 1923. Consultation with the working group. 4 SUBTITLE III 5 CLIMATE JOBS AND INFRASTRUCTURE 6 Section 1924. Definitions. 7 1925. Establishment of climate jobs and infrastructure program. 8 1926. Administration by the authority. 9 1927. Allocation of funds. 10 1928. Funding instruments. 11 1929. Selection process and criteria. 12 1930. Consultation with the advisory council. 13 1931. Comprehensive approach to existing structures. 14 1932. Advisory council of the climate jobs and infrastructure 15 program. 16 SUBTITLE IV 17 JUST TRANSITION FOR IMPACTED WORKERS AND COMMUNITY ASSURANCE 18 Section 1933. Definitions. 19 1934. Establishment of worker and community assurance board. 20 1935. Establishment of worker assurance program. 21 1936. Establishment of community assurance program. 22 1937. Administration. 23 1938. Allocation of funds. 24 1939. Selection process. 25 1939-a. Designation of significant impact. 26 1939-b. Public engagement and social dialogue. 27 1939-c. Reporting. 28 § 1910. Definitions. For the purposes of this subtitle, the following 29 terms shall have the following meanings: 30 1. "Advisory council" means the advisory council established under 31 section nineteen hundred thirty-two of this title. 32 2. "Authority" means the climate and community investment authority. 33 3. "Community ownership" means projects, businesses and legal models 34 in regard to renewable energy assets and services that allow for one or 35 more of the following: 36 (a) the flow of benefits from energy generation and conservation goes 37 directly to communities and utility customers while minimizing the 38 extraction of benefits and profit by third-parties; 39 (b) access to energy infrastructure ownership, including energy effi- 40 ciency measures and savings, by renters, non-profit organizations, and 41 individuals with a broader spectrum of income and credit profiles than 42 traditional financing allows for; 43 (c) creation of cooperative and cooperative-like structures for the 44 development and ownership of energy infrastructure; and 45 (d) ownership by individuals or organizations that are located where a 46 project is sited. 47 4. "Constituency-based organization" means an organization incorpo- 48 rated for the purpose of providing services or other assistance to 49 economically or socially disadvantaged persons within a specified commu- 50 nity, and which is supported by, or whose actions are directed by, 51 members of the community in which it operates. 52 5. "Director" means the director of an office appointed under para- 53 graph (b) of subdivision seven of section twenty-seven hundred ninety- 54 nine-uuuu of this article.S. 4264--A 22 1 6. "Disadvantaged communities" means communities that bear burdens of 2 negative public health effects, environmental pollution, and impacts of 3 climate change, and possess certain socioeconomic criteria, as identi- 4 fied pursuant to section 75-0111 of the environmental conservation law. 5 7. "Downstate region" means the counties of Richmond, Kings, Queens, 6 New York, Bronx, Westchester, Nassau and Suffolk. 7 8. "Emissions leakage" means an increase in emissions outside of the 8 state, as a result of, or in correlation with, the implementation of 9 measures within the state to limit such emissions. 10 9. "Greenhouse gas" shall have the same meaning as in subdivision 11 eight of section 19-1301 of the environmental conservation law. 12 10. "Office" means the office of climate and community investment 13 established under this title. 14 11. "Municipality" shall have the same meaning as in subdivision six 15 of section four hundred eighty-one of the executive law. 16 12. "Regulated air contaminant" shall have the same meaning as in 17 subdivision twenty-two of section 19-0107 of the environmental conserva- 18 tion law. 19 13. "President" means the president of the authority. 20 14. "Tribal nation" means those tribes, nations or other organized 21 groups of persons having origins in any of the original peoples of North 22 America recognized in the state or considered by the federal secretary 23 of the interior to be a tribal nation, including the following New York 24 state tribal nations: Cayuga Nation, Oneida Nation of New York, Onondaga 25 Nation, Poospatuck or Unkechauge Nation, Saint Regis Mohawk Tribe, Sene- 26 ca Nation of Indians, Shinnecock Indian Nation, Tonawanda Band of Seneca 27 and Tuscarora Nation. 28 15. "Upstate region" means all New York counties other than Nassau, 29 Suffolk, Richmond, Kings, Queens, New York, Bronx and Westchester. 30 16. "Working group" means the climate justice working group created 31 pursuant to section 75-0111 of the environmental conservation law. 32 § 1911. Coordination of programs. The authority shall undertake 33 actions to ensure maximum coordination between each of the programs 34 created under section three thousand forty-six of the tax law, includ- 35 ing: 36 1. conducting each program such that all three programs together: 37 (a) maximize the total economic and social benefits to New York; 38 (b) maximize administrative efficiency; 39 (c) achieve the most cost-effective and the greatest amount of 40 reductions in greenhouse gas emissions and regulated air contaminants; 41 (d) achieve an equitable distribution of funds; 42 (e) maximize benefits to disadvantaged communities; 43 (f) encourage early action to reduce emissions; 44 (g) minimize emissions leakage; 45 (h) promote equitable access to program participation across programs, 46 including interoperability with existing programs and the use of 47 universal eligibility applications for low-income applicants who may be 48 eligible for multiple services; and 49 (i) identify and utilize best industry standard practices to overcome 50 barriers to implementation, such as split incentives for energy effi- 51 ciency. 52 2. Not less than two times annually, the authority shall convene a 53 meeting that includes the president, the working group, and the advisory 54 council, to discuss options for improving the coordination of the three 55 programs.S. 4264--A 23 1 3. In consulting with the working group and the advisory council 2 pursuant to this section, the authority shall adhere to the following 3 procedures: 4 (a) The authority shall provide, to all working group and advisory 5 council members, notice of meetings not less than thirty days before the 6 date of the meeting; and 7 (b) The authority shall provide, to all working group and advisory 8 council members, electronic copies or hard copies of any written or 9 other informational materials to be discussed at a given meeting not 10 less than thirty days prior to the date of that meeting. 11 § 1912. Transparency and accountability. 1. No later than two years 12 following the effective date of this title, and every two years there- 13 after, the president, in partnership with the working group, shall 14 produce a report on the implementation of the programs established under 15 this title and the extent to which program implementation is meeting 16 stated program goals and priorities. Such report shall include but not 17 be limited to: 18 (a) For the program under subtitle two of this title: 19 (i) the extent to which needs identified in the needs assessment are 20 being met; 21 (ii) the effectiveness of projects funded under the program in reduc- 22 ing emissions of greenhouse gas and regulated air contaminants; 23 (iii) the effectiveness of projects funded under the program in reduc- 24 ing the energy burdens of households in disadvantaged communities; 25 (iv) the geographic distribution of grants made under the program; 26 (v) barriers reported by eligible applicants in developing competitive 27 proposals and receiving funding; 28 (vi) the jobs created as a result of funds distributed under the 29 program by type, duration, and pay scale; and 30 (vii) the number of projects funded that are community-owned or incor- 31 porate community ownership, including an assessment of continued barri- 32 ers to community ownership. 33 (b) For the program under subtitle three of this title: 34 (i) the number of jobs created by the program; 35 (ii) the effectiveness of projects funded under the program in reduc- 36 ing emissions of greenhouse gas and regulated air contaminants; 37 (iii) the extent to which projects funded under the program leveraged 38 additional private investment; 39 (iv) the number of minority and women-owned businesses involved in 40 projects funded under the program as lead contractors or subcontractors, 41 and barriers to involvement by such businesses; 42 (v) the effectiveness of projects funded under the program in reducing 43 energy burdens of households, including households in disadvantaged 44 communities; and 45 (vi) the impact of the program on disadvantaged communities, including 46 the impact on the elderly, youth, women and children. 47 (c) For the program under articles forty-two and forty-three of the 48 tax law: 49 (i) the actual costs of the fee as compared to the amount of the 50 rebate; 51 (ii) the overall net cost to households; and 52 (iii) the rate of participation in the program by eligible households 53 and the barriers to participation, if any. 54 2. Before finalizing the report described in subdivision one of this 55 section, the president shall ensure that there are meaningful opportu- 56 nities for public participation, including by:S. 4264--A 24 1 (a) allowing at least one hundred twenty days for the submission of 2 public comment, following the date of the publication of a draft report; 3 and 4 (b) holding at least four regional public hearings, including two 5 meetings in the upstate region and two meetings in the downstate region, 6 with emphasis on maximizing participation and accessibility for members 7 of disadvantaged communities. 8 3. The final report shall be submitted to the governor, the temporary 9 president of the senate, the speaker of the assembly, the minority lead- 10 er of the senate and the minority leader of the assembly, and shall be 11 posted on the website of the authority. 12 § 1913. Report on community ownership. 1. Not later than two years 13 following the effective date of this subtitle, and every two years ther- 14 eafter, the authority, with input from the working group, the department 15 of labor, the state energy planning board and the department of environ- 16 mental conservation, shall produce a report on barriers to, and opportu- 17 nities for, community ownership, including: 18 (a) a study of contractual and pricing mechanisms that make siting and 19 ownership of renewable energy assets and services in disadvantaged 20 communities more viable and scalable. 21 (b) recommendations on how to increase community ownership in disad- 22 vantaged communities of the following services and commodities: 23 (i) distributed renewable energy generation; 24 (ii) utility scale renewable energy generation; 25 (iii) energy efficiency and weatherization investments; and 26 (iv) electric grid investments, including energy storage and smart 27 meters. 28 2. Before finalizing the report described in subdivision one of this 29 section, the president shall ensure that there are meaningful opportu- 30 nities for public participation, including by: 31 (a) allowing at least one hundred twenty days for the submission of 32 public comment, following the date of the publication of a draft report; 33 and 34 (b) holding at least four regional public hearings, including two 35 meetings in the upstate region and two meetings in the downstate region, 36 with emphasis on maximizing participation and accessibility for members 37 of disadvantaged communities. 38 3. The final report shall be submitted to the governor, the temporary 39 president of the senate, the speaker of the assembly, the minority lead- 40 er of the senate and the minority leader of the assembly, and shall be 41 posted on the website of the authority. 42 § 1914. Definitions. For the purposes of this subtitle, the following 43 terms shall have the following meanings: 44 1. "Disadvantaged communities" shall have the same meaning as in 45 subdivision three of section 75-0111 of the environmental conservation 46 law. 47 2. "Eligible lead applicant" means a constituency-based organization 48 or a tribal nation, in or serving a disadvantaged community or communi- 49 ties. Notwithstanding the preceding sentence, a constituency-based 50 organization or tribal nation may be an eligible lead applicant, whether 51 or not it is in or serving a disadvantaged community or communities, if 52 it makes an application for funding on behalf of one or more constituen- 53 cy-based organizations or tribal nations that are in or serving one or 54 more disadvantaged communities with the consent of such constituency- 55 based organization or organizations or tribal nation or nations and 56 subgrants to such constituency-based organization or organizations orS. 4264--A 25 1 tribal nation or nations. A municipality or county where a project is 2 proposed to be located shall also be considered an eligible lead appli- 3 cant if it affirms that there is no constituency-based organization or 4 tribal nation in or serving the disadvantaged community or that is will- 5 ing or able to submit an application or consent to be a subgrantee under 6 this subdivision, and that it provided a reasonable opportunity for 7 residents and organizations in or serving the municipality or county to 8 comment on the application prior to submission. 9 3. "Eligible sub-applicants" means private sector entities, academic 10 institutions, non-profit organizations, other stakeholders, and munici- 11 palities and counties in cases where there is a constituency-based 12 organization in the disadvantaged community or communities. 13 4. "Fund" means the community just transition fund established under 14 subdivision one of section three thousand forty-six of the tax law. 15 5. "Minority- or women-owned business enterprise" means either a 16 "minority-owned business enterprise" as defined in subdivision seven of 17 section three hundred ten of the executive law, or a "women-owned busi- 18 ness enterprise", as defined in subdivision fifteen of such section. 19 6. "Working group" means the climate justice working group established 20 under section 75-0111 of the environmental conservation law. 21 7. "Program" means the community just transition program established 22 under this subtitle. 23 8. "Community ownership" shall have the same meaning as set forth in 24 subdivision three of section nineteen hundred ten of this title. 25 9. "Downstate region" means the counties of Richmond, Kings, Queens, 26 New York, Bronx, Westchester, Nassau and Suffolk. 27 10. "Upstate region" means all New York counties other than Nassau, 28 Suffolk, Richmond, Kings, Queens, New York, Bronx and Westchester. 29 § 1915. Office of community just transition. 1. The authority shall 30 establish, not later than six months after the effective date of this 31 subtitle, the "office of community just transition". Such office will 32 administer the fund and the program, among other duties. Such office 33 shall be responsible for implementing new, progressive and equitable 34 grant opportunities that support disadvantaged communities transitioning 35 to a regenerative renewable energy economy. The office will collaborate 36 with the working group to develop and assess programs. 37 2. The office will abide by the principles of environmental justice, 38 including the 1994 federal executive order 12898 (in relation to envi- 39 ronmental justice) and the Jemez Principles of Democratic Organizing. 40 Such principles shall include: being inclusive; placing an emphasis on 41 bottom-up organizing; letting people speak for themselves; working 42 together in solidarity and mutuality; building just relationships among 43 ourselves; and making a commitment to self-transformation. 44 3. The office shall be led by a director. Not later than six months 45 after the formation of the working group, the working group shall nomi- 46 nate not less than three candidates for the position of director. Not 47 later than three months after the working group has nominated candi- 48 dates, the president shall select the director from this group of candi- 49 dates. 50 § 1916. Establishment of community just transition program. There is 51 hereby established within the authority, a community just transition 52 program, to be implemented by the director. The purpose of the program 53 is to disburse funds from the community just transition fund pursuant to 54 section nineteen hundred eighteen of this subtitle. 55 § 1917. Administration by the authority. Within six months of the 56 effective date of this subtitle, the authority is hereby authorized andS. 4264--A 26 1 directed to establish and administer the community just transition 2 program. The authority shall implement the program in consultation with 3 the working group. The authority is authorized and directed to: 4 1. use monies made available for the program, pursuant to sections 5 nineteen hundred eighteen and nineteen hundred nineteen of this subti- 6 tle; 7 2. enter into contracts with eligible lead applicants and sub-appli- 8 cants through a competitive selection process; 9 3. recover from the monies made available for the program, not in 10 excess of two percent of annual fund proceeds, its own necessary and 11 documented costs incurred in administering the program, including 12 program evaluation, compensation for members of the working group, 13 compensation for at least one full-time authority staff person dedicated 14 to supporting the working group; and 15 4. exercise such other powers as are necessary for the proper adminis- 16 tration of the program. 17 § 1918. Allocation of funds. 1. Funds from the community just transi- 18 tion fund shall be disbursed through direct grants to eligible lead 19 applicants. 20 2. At least seventy-five percent of funds from the community just 21 transition fund shall be for projects physically located within a desig- 22 nated disadvantaged community, or for projects as close to such communi- 23 ty as is practicable, provided that a project not physically located in 24 the disadvantaged community shall only be eligible for funding under 25 this subdivision if the authority finds that it is impracticable to 26 locate the project in such disadvantaged community or that funding such 27 project is in the best interests of such disadvantaged community, taking 28 into account such factors as the burdens of negative public health 29 effects, environmental pollution and the impacts of climate changes. Any 30 project funded under this subdivision shall achieve one or more of the 31 goals in paragraph (a), (b) or (c) of this subdivision: 32 (a) maximizing greenhouse gas emissions reductions, including through 33 the completion of projects, including but not limited to: energy effi- 34 ciency and energy demand reduction; renewable energy; energy storage; 35 renewable energy-powered microgrids; energy resiliency; demand response; 36 and reducing urban heat island effects through various means, such as 37 through the completion of urban forestry, urban agriculture, or green 38 infrastructure projects; 39 (b) the reduction of other regulated air contaminants in conjunction 40 with greenhouse gas emissions reductions; and 41 (c) community ownership and governance, including through the funding 42 of planning, design and construction of community solar installation and 43 other projects listed under paragraph (a) of this subdivision. 44 3. Up to twenty-five percent of funds from the community justice tran- 45 sition fund may be used for projects other than as specified in subdivi- 46 sion two of this section, but must provide at least one of the following 47 benefits to one or more designated disadvantaged communities: 48 (a) reducing emissions from stationary sources, including the perma- 49 nent closure of fossil fuel-fired power plants, including peaker-plants, 50 or waste-to-energy plants, with priority given to reducing emissions 51 from sources that emit pollution into the airshed of disadvantaged 52 communities; 53 (b) reducing the financial burden of energy expenses for disadvantaged 54 communities, including the reducing energy costs through the creation of 55 community-owned solar assets; andS. 4264--A 27 1 (c) increasing and supporting opportunities for community ownership of 2 energy projects by residents of disadvantaged communities, including 3 ownership of the type of energy projects specified under subdivision two 4 of this section and by establishing community-owned energy cooperatives. 5 § 1919. Selection process. 1. The director, in consultation with the 6 working group, shall develop criteria and a process for competitively 7 selecting project proposals under this subtitle, in accordance with this 8 section and section nineteen hundred eighteen of this subtitle. 9 2. The director, in consultation with the working group, shall compet- 10 itively select project proposals according to the criteria and process 11 established under subdivision three of this section. 12 3. In selecting projects and distributing funds, the director shall 13 meet the standards in paragraphs (a), (b), (c), (d), (e) and (f) of this 14 subdivision. 15 (a) All projects shall be led by an eligible lead applicant; provide 16 benefits to designated disadvantaged communities; comply with section 17 nineteen hundred eighteen of this subtitle; incorporate community deci- 18 sion-making, pursuant to section nineteen hundred twenty-one of this 19 subtitle, throughout project planning and implementation; and provide a 20 community accountability mechanism, pursuant to section nineteen hundred 21 twenty-two of this subtitle and comply with the labor and job perform- 22 ance standards in this act. 23 (b) Program funds as a whole shall be equitably distributed to members 24 of disadvantaged communities, with roughly an even distribution of funds 25 per capita among disadvantaged communities across the state. 26 (c) Communities shall be targeted in areas where energy costs are 27 particularly high in relation to a measure of median household income as 28 determined by the authority; or which have been designated as a nonat- 29 tainment area for one or more pollutants pursuant to section 107 of the 30 federal Clean Air Act (42 U.S.C. section 7407). 31 (d) The director shall give preference in awards to applicants that 32 include significant participation by minority- or women-owned business 33 enterprises. 34 (e) The director shall give preference in awards to applicants that 35 implement mechanisms to maximize community ownership, pursuant to the 36 findings of the latest report mandated by section nineteen hundred thir- 37 teen of this title. 38 (f) The director shall give preference in awards to projects that 39 would not otherwise likely be completed without the support of the 40 program. 41 4. The director shall encourage eligible lead applicants to propose 42 projects in collaboration with eligible sub-applicants and comply with 43 he labor and job performance standards in this act. 44 5. The director shall annually issue at least one and not more than 45 four program opportunity notices or requests for proposals to solicit 46 applications from eligible lead applicants. 47 6. The director shall prioritize creating a streamlined and simplified 48 application and disbursement process for eligible lead applicants, 49 including but not limited to, quarterly available grant opportunities, 50 at least quarterly information webinars, and providing opportunities for 51 technical assistance to navigate the application process. 52 7. To the extent otherwise permitted by law, the director shall 53 distribute funds in a manner that provides at least seventy-five percent 54 of each award up-front, to ensure that eligible lead applicants with 55 limited existing budgets are able to implement projects effectively.S. 4264--A 28 1 8. The director shall consult with the division of housing and commu- 2 nity renewal and the working group to develop strategies to mitigate any 3 adverse economic impact of the program on tenants and homeowners, 4 including, but not limited to, residents of rent-regulated housing or 5 recipients of housing subsidies and rent-burdened households; and 6 enhance long-term community cohesion while preventing gentrification and 7 displacement. 8 9. Nothing in this subtitle shall preclude the authority from permit- 9 ting eligible lead applicants or sub-applicants to use program funds 10 awarded under this subtitle in conjunction with other public or private 11 funding awarded for other purposes, providing that the lead applicant 12 can demonstrate, in a manner sufficient to the authority, that the 13 program goals and other requirements of this subtitle will be met. 14 § 1920. Identification of disadvantaged community needs. 1. The 15 authority, in cooperation with the working group and the commissioners 16 of health, labor and environmental conservation, shall identify disad- 17 vantaged community needs for the purposes of implementing this section. 18 2. Disadvantaged community needs shall be identified, with the input 19 of experts, local government representatives, public utility represen- 20 tatives, and other local stakeholders, for each disadvantaged community 21 or set of disadvantaged communities. 22 3. Before finalizing the list of identified disadvantaged community 23 needs pursuant to subdivision one of this section, the authority shall 24 ensure that there are meaningful opportunities for public comment for 25 all persons who will be impacted by the identified needs, including 26 persons living in areas that may be identified as disadvantaged communi- 27 ties, including by: 28 (a) publishing draft identified disadvantaged community needs, and 29 making such information available on the internet; 30 (b) holding at least six regional public hearings on the draft identi- 31 fied disadvantaged community needs, including three meetings in upstate 32 regions and three meetings in downstate regions; and 33 (c) allowing at least one hundred twenty days for the submission of 34 public comment, following the date of the publication of draft identi- 35 fied disadvantaged community needs described under paragraph (a) of this 36 subdivision. 37 4. The authority, in cooperation with the working group, and the 38 commissioners of health, labor and environmental conservation or their 39 designees, shall meet no less than annually to review the identified 40 disadvantaged community needs and methods used to identify such needs, 41 and may modify such methods to incorporate new data and scientific find- 42 ings, subject to the same process requirements listed under subdivision 43 three of this section. 44 § 1921. Community decision-making and accountability mechanisms. 1. 45 The authority, in cooperation with the working group and the commission- 46 ers of health, labor and environmental conservation, shall establish 47 criteria for appropriate community decision-making practices for the 48 purposes of implementing this section. 49 2. Community decision-making practices shall be identified based on 50 consultations with constituency-based organizations, members of disad- 51 vantaged communities, and other stakeholders identified by the authori- 52 ty. 53 3. Before finalizing the criteria for appropriate community decision- 54 making practices pursuant to subdivision one of this section, the 55 authority shall ensure that there are meaningful opportunities for 56 public comment for all persons who will be impacted by the criteria,S. 4264--A 29 1 including persons living in areas that may be identified as disadvan- 2 taged communities, including by: 3 (a) publishing draft criteria, and making such information available 4 on the internet; 5 (b) holding at least ten regional public hearings on the draft crite- 6 ria, one in each region; and 7 (c) allowing at least one hundred twenty days for the submission of 8 public comment, following the date of the publication of draft criteria 9 described under paragraph (a) of this subdivision. 10 4. The authority, in cooperation with the working group, and the 11 commissioners of health, labor and environmental conservation, shall 12 meet no less than annually to review the criteria and methods used to 13 identify appropriate community decision-making practices, and may modify 14 such methods to incorporate new data and scientific findings, subject to 15 the same process requirements listed under subdivision three of this 16 section. 17 5. For the purposes of paragraph (b) of subdivision three of this 18 section, "region" shall have the same meaning as in subdivision nine of 19 section twenty-four hundred twenty-six of this chapter. 20 § 1922. Criteria for implementing community accountability mechanisms. 21 The authority, in cooperation with the working group, and the commis- 22 sioners of health, labor and environmental conservation, shall establish 23 criteria for implementing community accountability mechanisms for the 24 purposes of implementing this section. 25 1. Criteria for implementing community accountability mechanisms shall 26 be based on input from the working group. 27 2. Before finalizing the criteria for implementing community account- 28 ability mechanisms pursuant to subdivision one of this section, the 29 authority shall ensure that there are meaningful opportunities for 30 public comment for all persons who will be impacted by the criteria, 31 including persons living in areas that may be identified as disadvan- 32 taged communities, including by: 33 (a) publishing draft criteria, and making such information available 34 on the internet; 35 (b) holding at least six regional public hearings on the draft crite- 36 ria, including three meetings in the upstate region and three meetings 37 in the downstate region; and 38 (c) allowing at least one hundred twenty days for the submission of 39 public comment, following the date of the publication of draft criteria 40 described under paragraph (a) of this subdivision. 41 3. The authority, in cooperation with the working group, and the 42 commissioners of health, labor and environmental conservation, shall 43 meet no less than annually to review the criteria and methods used to 44 identify community accountability mechanisms, and may modify such meth- 45 ods to incorporate new data and scientific findings, subject to the same 46 process requirements listed under subdivision two of this section. 47 § 1923. Consultation with the working group. In consulting with the 48 working group in the course of implementing the program established 49 under this subtitle, the authority shall adhere to the following proce- 50 dures: 51 1. The authority shall convene consultation meetings with the working 52 group not less frequently than four times annually; 53 2. The authority shall provide, to all working group members, notice 54 of working group meetings not less than one month before the date of the 55 meeting; andS. 4264--A 30 1 3. The authority shall provide, to all working group members, elec- 2 tronic copies or hard copies of any written or other informational mate- 3 rials to be discussed at a given working group meeting not less than one 4 month prior to the date of the meeting. 5 § 1924. Definitions. For the purposes of this subtitle, the following 6 terms shall have the following meanings: 7 1. "Advisory council" means the body established under section eigh- 8 teen hundred ninety-eight of this article. 9 2. "Eligible applicant" means a constituency-based organization, 10 tribal nation, labor union, municipality, transit agency, port authori- 11 ty, metropolitan planning organizations, small business, minority- or 12 women-owned business enterprise or any other entity deemed appropriate 13 by the authority. 14 3. "Fund" means the climate jobs and infrastructure fund established 15 under subdivision two of section three thousand forty-six of the tax 16 law. 17 4. "Minority- or women-owned business enterprise" means either a 18 "minority-owned business enterprise" as defined in subdivision seven of 19 section three hundred ten of the executive law, or a "women-owned busi- 20 ness enterprise", as defined in subdivision fifteen of such section. 21 5. "Program" means the climate jobs and infrastructure program estab- 22 lished under this subtitle. 23 6. "Third-party entities" means private sector entities, academic 24 institutions, non-profit organizations and other stakeholders that are 25 not eligible applicants. 26 7. "Tribal nation" shall have the same meaning as in subdivision 27 twelve of section nineteen hundred ten of this chapter. 28 8. "Disadvantaged communities" shall have the same meaning as in 29 subdivision five of section 75-0101 of the environmental conservation 30 law. 31 § 1925. Establishment of climate jobs and infrastructure program. 32 There is hereby established within the authority, a climate jobs and 33 infrastructure program, which shall disburse funds from the climate jobs 34 and infrastructure fund pursuant to the goals established under section 35 nineteen hundred twenty-seven of this subtitle. 36 § 1926. Administration by the authority. Within six months of the 37 effective date of this subtitle, the authority is hereby authorized and 38 directed to establish and administer the climate jobs and infrastructure 39 program. The authority shall implement the program in consultation with 40 the advisory council, the public service commission, the New York inde- 41 pendent system operator, the New York energy research and development 42 authority, and the departments of transportation, environmental conser- 43 vation, health and labor. The authority is authorized and directed to 44 take the following steps: 45 1. using monies made available from the fund to achieve the goals of 46 the program outlined in section nineteen hundred twenty-seven of this 47 subtitle; 48 2. entering into contracts with eligible applicants and other entities 49 through the competitive selection process authorized by this subtitle; 50 3. using from the monies made available for the program, not in excess 51 of two percent of annual fund proceeds, its own necessary and documented 52 costs incurred in administering the program, including program evalu- 53 ation; compensation, at any amount to be determined by the authority, 54 for members of the advisory council; and compensation for at least one 55 full-time authority staff person dedicated to supporting the advisory 56 council; andS. 4264--A 31 1 4. exercising such other powers as are necessary for the proper admin- 2 istration of the program. 3 § 1927. Allocation of funds. 1. Funds from the climate jobs and 4 infrastructure fund shall be disbursed under the climate jobs and 5 infrastructure program to achieve quantifiable, verifiable, and signif- 6 icant reductions in greenhouse gas emissions and of regulated air 7 contaminants while achieving the general goals specified in subdivision 8 two of this section. These funds are intended to advance the goals of 9 the climate leadership and community protection act. 10 2. In addition to meeting the goals specified in subdivision one of 11 this section, funds shall be disbursed to meet the following goals: 12 (a) job creation, pursuant to the standards established under article 13 eight-B of the labor law, including opportunities for new entrants into 14 the state's workforce, and the long-term unemployed or displaced work- 15 ers, and the development of an in-state manufacturing and supply chain 16 for clean energy technologies; 17 (b) funding large-scale projects, including those that may span multi- 18 ple communities or regions; 19 (c) reducing greenhouse gas emissions and energy costs through 20 improvements in energy efficiency, energy conservation, load balancing, 21 energy storage and the installation of clean energy technologies; 22 (d) achieving advancements in social equity, including promoting 23 community ownership and governance of energy production, including 24 youth, children, the incarcerated and the formerly incarcerated; and 25 supporting sustainable local economic development; 26 (e) electrification of equipment and appliances for residential, 27 commercial and industrial applications; 28 (f) promoting the participation of private capital, municipal govern- 29 ments and tribal nations in achieving the goals stated in this section 30 and the use of innovative financing mechanisms to finance energy effi- 31 ciency improvements through energy cost savings; 32 (g) encouraging the development of programs to support communities 33 with high cumulative environmental burden, high peak energy load, and 34 aging housing stock in order to preserve affordable housing and enhance 35 long-term community cohesion while preventing gentrification and 36 displacement; 37 (h) encouraging the development of energy efficiency and renewable 38 energy projects and programs for and in public schools, school transpor- 39 tation including centralized procurement by the authority of zero-emis- 40 sion school buses and charging infrastructure in order to promote effi- 41 ciency, innovation, and the creation of high-quality jobs in school bus 42 and charging infrastructure manufacturing and community centers, with 43 priority given to schools located in and serving disadvantaged communi- 44 ties in order to preserve and improve school infrastructure, improve 45 community resilience and provide co-educational benefits for students in 46 science, technology, engineering, art, ecology and science; 47 (i) encouraging the development of quality child and dependent care 48 with priority given to the development of quality child care located in 49 and serving disadvantaged communities; and 50 (j) encouraging the development of workforce development programs that 51 identify and utilize best practices to provide and train workers for 52 high quality and continuous career and work opportunities. 53 3. Every five years, the authority, in consultation with the advisory 54 council, shall designate priority project types for investments based on 55 capital funding needs, the potential for greenhouse gas emission 56 reductions, and the potential for regional job creation. These priori-S. 4264--A 32 1 ties shall guide the authority in soliciting proposals and selecting 2 projects. The first five years of funding shall prioritize investment 3 in: 4 (a) public transit, with special priority for intra-city transit 5 modes, in upstate regions and in other underserved regions of the state, 6 including through: subsidizing transit rate reductions, the establish- 7 ment of new transit routes, and improvements in transit service (includ- 8 ing increased frequency, accessibility and safety), especially to better 9 serve low- to moderate-income individuals; creating journey to work 10 routes, dedicated to creating access to major areas of employment in 11 both urban and non-urban areas, especially routes connecting non-urban 12 areas without necessitating a trip through the central city; directing 13 infrastructure funding, including through various approaches to support- 14 ing bonding, revolving loan funds and other financing mechanisms; and 15 subsidizing electric and zero-emissions vehicles and infrastructure, 16 including charging infrastructure and energy storage technologies; 17 (b) energy efficiency and conservation projects, including projects in 18 public buildings, and incentives for new private buildings that achieve 19 high efficiency or net-zero status and for retrofits of existing build- 20 ings, providing that landlords who receive retrofit funds or financial 21 assistance of any kind under this program not be allowed to include such 22 investments as major capital improvements or individual apartment 23 assessments in order to raise rents to recoup costs in rent-regulated 24 housing; 25 (c) large scale renewable energy projects, community-owned renewable 26 energy projects, such as community solar and community wind projects, 27 and publicly-owned renewable energy projects, including projects on 28 public buildings and land; 29 (d) port facility electrification and sustainability measures, includ- 30 ing but not limited to at the port of Albany, the port of Buffalo, and 31 the New York city waterfront, including Hunts Point and Sunset Park; 32 (e) electric grid upgrades within the state, including the 33 construction of electricity transmission, energy storage and smart grid 34 infrastructure, and including support for establishing electric vehicle 35 infrastructure and systems to optimize distributed energy resources; 36 (f) energy efficiency and renewable energy projects and programs for 37 and in public schools, school transportation (including school buses) 38 and community centers with priority given to schools located in or serv- 39 ing disadvantaged communities; and 40 (g) child and dependent care facilities and programs with priority 41 given to child and dependent care facilities and programs located in or 42 serving disadvantaged communities. 43 4. In addition to allocating funds under the program to achieve the 44 goals and priorities outlined in this section, the authority shall allo- 45 cate funds for the purposes of providing technical assistance to eligi- 46 ble applicants. Such technical assistance shall include assistance with: 47 developing project proposals; implementing project proposals; conducting 48 analysis and reporting on projects implemented under the program; and 49 other needs identified by the authority. 50 5. No monies from the climate jobs and infrastructure fund shall fund 51 police, prisons or related infrastructure. 52 § 1928. Funding instruments. The authority, in consultation with the 53 advisory council, shall determine the appropriate instrument, or variety 54 of instruments, including grants, loan guarantees, incentives, bond 55 payments, loan programs, and other mechanisms for achieving the goals 56 stated in section nineteen hundred twenty-seven of this subtitle.S. 4264--A 33 1 § 1929. Selection process and criteria. The authority is authorized, 2 within amounts appropriated, to disburse funds from the fund to eligible 3 applicants on a competitive basis. 4 1. The authority, in consultation with the advisory council, shall 5 develop criteria and a process for selecting project proposals submitted 6 by eligible applicants under this subtitle. 7 2. In selecting projects and distributing funds, the authority shall 8 include the following criteria: 9 (a) the extent to which the project meets each of the goals set forth 10 in subdivisions one and two of section nineteen hundred twenty-seven of 11 this subtitle; 12 (b) whether the project falls under a priority area for investment for 13 the five-year period; 14 (c) whether the project will benefit geographic areas where energy 15 costs are particularly high in relation to a measure of median household 16 income as determined by the authority; or which have been designated as 17 a nonattainment area for one or more pollutants pursuant to section 107 18 of the federal clean air act (42 U.S.C. section 7407); 19 (d) whether the applicants include significant participation by minor- 20 ity and women-owned business enterprises; and 21 (e) the extent to which projects would not otherwise be completed 22 without the support of the program. 23 3. In allocating funds, the authority shall also, where possible, aim 24 to geographically distribute funds in an equitable manner across the 25 state, taking into account population density. 26 4. The authority shall encourage eligible applicants to propose 27 projects in partnership with other eligible applicants, and with third- 28 party entities. 29 § 1930. Consultation with the advisory council. In consulting with the 30 advisory council in the course of implementing the program established 31 under this subtitle, the authority shall: 32 1. convene consultation meetings with the advisory council not less 33 frequently than four times annually; 34 2. provide notice of advisory council meetings to all advisory council 35 members not less than thirty days before the date of the meeting; and 36 3. provide electronic or hard copies of any written or other informa- 37 tional materials to be discussed at a given advisory council meeting to 38 all advisory council members not less than thirty days prior to the date 39 of the meeting. 40 § 1931. Comprehensive approach to existing structures. 1. In consulta- 41 tion with the advisory council, the department of state, department of 42 homes and community renewal, the department of environmental conserva- 43 tion, the New York energy research and development authority and other 44 relevant stakeholders, the authority shall develop a master plan to: 45 (a) ensure a comprehensive approach exists to improve building energy 46 efficiency that includes all of the state's existing buildings; 47 (b) ensure that the state meets its energy efficiency goals; 48 (c) reduces energy use in all existing structures and new buildings; 49 (d) improves and protects housing affordability and enhances long-term 50 community cohesion while preventing gentrification and displacement; and 51 (e) incorporates health and safety assessments and improvements. 52 2. The master plan will specifically include recommendations for coor- 53 dinated changes to the building and energy codes, energy efficiency 54 programs administered by the state and others, and spending pursuant to 55 the climate and community investment act, in order to ensure that mostS. 4264--A 34 1 buildings receive deep energy efficiency retrofits that include assess- 2 ment and improvements to health and safety. 3 3. To prepare the master plan, the authority shall convene relevant 4 stakeholders in each region of the state at least once, giving at least 5 ninety days' notice of the proposed meeting in order for the public to 6 attend. For the purposes of this subdivision, "region" shall have the 7 same meaning as in subdivision nine of section twenty-four hundred twen- 8 ty-six of this chapter. 9 § 1932. Advisory council of the climate jobs and infrastructure 10 program. There is hereby created within the authority, not later than 11 six months after the effective date of this article, an advisory council 12 of the climate jobs and infrastructure program. Such advisory group will 13 be comprised of the commissioners of labor, transportation, housing and 14 community renewal, the president of the new york state energy research 15 and development authority, representatives from environmental justice 16 communities, labor, youth groups, youth, regional transportation offi- 17 cials, transportation advocates, including representatives from upstate 18 cities, the mid hudson region, new york city and long island, clean 19 energy developers and energy system experts. In addition to any other 20 functions assigned to the working group in this article, the working 21 group shall also perform the functions assigned to the working group as 22 set forth in this title, title thirteen of article nineteen of the envi- 23 ronmental conservation law, article twenty-five-d of the labor law, and 24 articles forty-two and forty-three of the tax law. For the purposes of 25 this section, "region" shall have the same meaning as in subdivision 26 nine of section twenty-four hundred twenty-six of this chapter. 27 § 1933. Definitions. For the purposes of this article, the following 28 terms shall have the following meanings: 29 1. Adversely affected employment. The term "adversely affected employ- 30 ment" means employment in an entity regulated by the New York state 31 department of public service generating energy that is not renewable. 32 2. Adversely affected worker. The term "adversely affected worker" 33 means an individual who, because of lack of work in adversely affected 34 employment, has been totally or partially separated from such employ- 35 ment, is expected to be totally or partially separated from such employ- 36 ment, or is a displaced worker. 37 3. Adjustment assistance. The term "adjustment assistance" means any 38 compensation, credit, benefit, funding, training, or service provided 39 under this title through any option described. 40 4. Applicable firm. The term "applicable firm" means, as applicable: 41 (a) the firm, or subdivision of a firm, for which the group of workers 42 who are petitioning for certification work at; 43 (b) the firm, or subdivision of a firm, for which a group of certified 44 adversely affected workers work at; 45 (c) a group of firms within close geographic proximity, as determined 46 by the authority, task force, or board employing a group of workers who 47 are petitioning for certification; or 48 (d) a group of firms within a close geographic proximity, as deter- 49 mined by the authority, task force, or board, for which a group of 50 certified adversely affected workers work. 51 5. "Authority" means the climate and community investment authority 52 created by title thirty-six of this article. 53 6. "Board" means the worker and community assurance board established 54 under this section nineteen hundred thirty-four of this subtitle. 55 7. "Energy industry" means a commercial sector, as determined by the 56 authority, that:S. 4264--A 35 1 (a) extracts, transports, or uses as a direct input energy resources 2 or electricity; or 3 (b) is otherwise dependent on the generation or consumption of energy 4 resources or electricity. 5 8. "Commissioner" means the commissioner of the department of labor. 6 9. "Constituency-based organization" shall have the same meaning as in 7 subdivision three of section eighteen hundred ninety-one of this arti- 8 cle. 9 10. "Department" means the department of labor. 10 11. "Director" means the director of an office appointed under para- 11 graph (b) of subdivision seven of section twenty-seven hundred ninety- 12 nine-uuuu of this article. 13 12. "Disadvantaged communities" shall have the same meaning as in 14 section 75-0111 of the environmental conservation law. 15 13. "Displaced worker" means an individual who is a resident of New 16 York state and who has either: 17 (a) been terminated or has received notice of termination as a result 18 of a permanent facility closure; or 19 (b) experienced partial separation and is in the energy industry. 20 14. "Disadvantaged worker" is a resident of New York state who is: 21 (a) a woman, when considering construction and building contracts; 22 (b) has a household income of less than fifty percent of the area 23 median income (AMI); 24 (c) an individual residing in an area of concentrated poverty; 25 (d) disabled; 26 (e) a veteran; 27 (f) a person previously incarcerated or convicted of a criminal 28 offense; or 29 (g) long-term unemployed. 30 15. "Downstate region" means the counties of Richmond, Kings, Queens, 31 New York, Bronx, Westchester, Nassau and Suffolk. 32 16. "Eligible lead applicant" means a constituency-based organization, 33 labor organization, a tribal nation, local school district, or a munici- 34 pal or county government located in or serving the impacted community or 35 communities which makes an application for funding under this subtitle 36 on behalf of itself alone or along with eligible sub-applicants. 37 17. "Eligible sub-applicants" means private sector entities, academic 38 institutions, non-profit organizations, other stakeholders, with a 39 relationship to the impacted community. Eligible sub-applicants, may 40 apply with a lead applicant pursuant to standards prescribed by the 41 authority. Applying with support from an eligible lead applicant. 42 18. "Fund" means the worker and community assurance special purpose 43 fund created under article forty-two of the tax law. 44 19. "Greenhouse gas" shall have the same meaning as in subdivision 45 eight of section 19-1301 of the environmental conservation law. 46 20. "Labor organization" means any organization which exists and is 47 constituted for the purpose, in whole or in part, of collective bargain- 48 ing, or of dealing with employers concerning grievances, terms or condi- 49 tions of employment, or of other mutual aid or protection and which is 50 not a company union. This includes but is not limited to bona fide labor 51 organizations that are certified or recognized as the organization of 52 jurisdiction representing the workers involved and/or bona fide building 53 and construction trades councils and/or district councils and state and 54 local labor federations comprised of local unions certified or recog- 55 nized as the representative of the workers.S. 4264--A 36 1 21. "Partial separation" means, with respect to an individual who has 2 not been totally separated, that such individual has experienced: 3 (a) a reduction in hours of work to eighty percent or less of the 4 individual's average weekly hours in adversely affected employment; and 5 (b) a reduction in wages to eighty percent or less of the individual's 6 average weekly wage in such adversely affected employment. 7 22. "Permanent facility closure" means the permanent shutdown of a 8 single site of employment, or one or more facilities or operating units 9 within a single site of employment, if the shutdown results in an 10 employment loss at the single site of employment during any thirty-day 11 period. 12 23. "President" means the president of the climate and community 13 investment authority. 14 24. "Program" means the worker assurance program and community assur- 15 ance program established under this subtitle. 16 25. "Regional working group" means a regional body subordinate to the 17 worker and community assurance task force established under this subti- 18 tle, these must be created by the task force and not incorporated into 19 existing bodies such as the regional economic development councils. 20 26. "Significantly impacted community" is a community, municipality, 21 or other area designated as such by worker and community assurance board 22 established under this subtitle. 23 27. "Social dialogue" means an open dialogue with resources available 24 to the public and all stakeholders to encourage participation intended 25 to develop a consensus among the parties consisting of discussions where 26 participants can discuss, be provided with resources and make decisions 27 about how to respond to the challenges of the transition. 28 28. "Total separation" means the layoff or severance of an individual 29 from employment with an applicable firm. 30 29. "Totally separated" means, with respect to an individual, that 31 such individual is experiencing total separation. 32 30. "Upstate region" means all New York counties other than Nassau, 33 Suffolk, Richmond, Kings, Queens, New York, Bronx and Westchester. 34 31. "Working group" means the climate justice working group created 35 pursuant to section 75-0111 of the environmental conservation law. 36 § 1934. Worker and community assurance board. There is hereby created 37 no later than six months after the effective date of this subtitle, a 38 "worker and community assurance board". 39 1. The board will be comprised of: 40 (a) the president; 41 (b) the commissioner of labor; 42 (c) the commissioner of environmental conservation; 43 (d) the state comptroller or their representative; 44 (e) four members appointed by the state senate, including: 45 (i) one representative of a constituency-based organization; 46 (ii) one representative of a labor organization; 47 (iii) one expert in economic development; and 48 (iv) one representative of an environmental justice community; 49 (f) four members appointed by the state assembly, including: 50 (i) one representative of a constituency-based organization; 51 (ii) one representative of a labor organization; 52 (iii) one expert in economic development; and 53 (iv) one representative of an environmental justice community. 54 2. The board shall be co-chaired by the president and the commissioner 55 of labor, or their designees.S. 4264--A 37 1 3. The board shall meet no less than quarterly. Meetings shall be open 2 to the public, and full agendas and minutes shall be shared publicly not 3 less than one week prior to meeting. 4 § 1935. Worker assurance program. There is hereby established within 5 the authority, a worker assurance program, to be implemented by the 6 chair. 7 1. The purpose of the program is to create programs or disburse funds 8 from the fund to benefit the following persons, regardless of immi- 9 gration status or term of residency: 10 (a) adversely affected workers; 11 (b) displaced workers; and 12 (c) disadvantaged workers in significantly impacted communities. 13 2. Benefits, services, or financial support may be delivered directly 14 by the authority or through eligible lead applicants and eligible sub- 15 applicants. 16 3. Applications under this section can be made on behalf of a group of 17 workers by an eligible lead applicant, however individuals may apply for 18 support directly from the agency even if there is a local program admin- 19 istered by or application made by an eligible lead applicant. 20 4. All individual applicants will be approved to receive benefits, 21 services, or financial support regardless of immigration status or term 22 of residency. To receive benefits applicants must demonstrate they are: 23 (a) adversely affected workers; 24 (b) displaced workers; or 25 (c) disadvantaged workers in significantly impacted communities. 26 5. The board, in collaboration with the agency, will promulgate such 27 regulations or guidelines for the creation of programs by the authority 28 or eligible lead applicants as may be needed. 29 6. Benefits, services, or financial support upon an application being 30 accepted, benefits, services, or financial support shall be made avail- 31 able for qualifying workers for at least three years and up to ten 32 years. 33 7. These benefits shall include income support equal to their prior 34 salary either until new employment is found at a comparable wage or as a 35 supplement to the new wage to meet the prior level for three years; and 36 additional appropriate supports including: 37 (a) employment by the authority or a lead applicant (for example doing 38 remediation at their current site of employment) on a project to reuti- 39 lize facilities to replace losses in the tax base, or pursuant to anoth- 40 er program created under this subtitle; 41 (b) retraining and placement in public or private sector positions; 42 (c) payment towards pension support; 43 (d) on the job training funds or wage subsidies to match their prior 44 salary or hourly wage; 45 (e) payment towards early retirement; 46 (f) transitional support including but not limited to skills training, 47 job counseling, tuition support and on-the-job training; and 48 (g) support for impacted workers to start employee-owned business, 49 early retirement or income support. 50 8. The agency will report regularly to the public, board, and task 51 force on the status of these programs as well as what benefits are being 52 provided and where programs have been created by eligible lead appli- 53 cants. 54 9. When approved applicants are employed or have been immediately 55 prior to displacement under an existing collective bargaining agreement,S. 4264--A 38 1 the authority shall notify the labor organization party to the that 2 agreement of the application. 3 § 1936. Community assurance program. There is hereby established with- 4 in the authority, a community assurance program, to be implemented by 5 the chair. The purpose of the program is to: 6 1. disburse funds from the fund, pursuant to this section; 7 2. to provide support for disadvantaged communities and significantly 8 impacted communities directly from the authority, through local govern- 9 ment entities, eligible lead applicants, or eligible sub-applicants to: 10 (a) replace lost school aid, lost property tax payments to schools, or 11 other lost school funding; 12 (b) job creation programs; 13 (c) replace lost payment in-lieu-of taxes (PILOT) and local tax reven- 14 ue, replace revenue raised by or paid by the state or an employer to 15 municipalities or school districts (including, but not limited to, 16 central school districts and city school districts), and other public 17 funding that is being lost; and 18 (d) facilitate the expansion of existing economic development programs 19 to enable communities to respond to permanent facility closure and/or 20 major reductions in property taxes or pilot payments; and 21 3. proposals for program funding may include, but are not limited to: 22 (a) support to start cooperative employee-owned businesses, including 23 by displaced workers or labor organizations; 24 (b) infrastructure projects in communities where energy-intensive 25 facilities are closing; 26 (c) efforts at reclamation project creating a renewable project 27 located at: 28 (i) a brownfield site as defined in subdivision two of section 27-1405 29 of the environmental conservation law, not excluding a site subject to 30 an enforcement order as provided for in paragraph (c) of subdivision two 31 of section 27-1405 of the environmental conservation law; 32 (ii) a dormant electric generating site as determined by the commis- 33 sion; or 34 (iii) real property owned by a private developer or real property 35 owned by an applicable firm. 36 (d) projects proposed through negotiated project labor agreements or 37 neutrality agreements with labor organizations representing impacted 38 workers or adversely affected workers. 39 (e) small business retraining and transition programs. Including 40 programs to identify and support small businesses, to avoid job losses 41 due to energy transition, make technological changes or training 42 improvements, on the job training programs, equipment grants, and tech- 43 nical support for existing businesses to transition to practices focused 44 on sustainability, decarbonization, or non-emitting operations. 45 (f) support for local manufacturing coordinated with decarbonization 46 programs to provide grants and no-interest loans to develop and acceler- 47 ate manufacturing of: 48 (i) electric buses (including school buses), electric pickup trucks, 49 electric cars, and other electric vehicles; and 50 (ii) energy-efficient electric appliances in significantly impacted 51 communities and adversely affected communities. 52 § 1937. Administration. 1. Within six months of the effective date of 53 this subtitle, the authority is hereby authorized and directed to estab- 54 lish the programs authorized by this subtitle. The authority shall 55 implement the programs in consultation with the board and shall:S. 4264--A 39 1 (a) use monies made available for the programs for the establishment 2 of worker and community assurance board pursuant to section nineteen 3 hundred thirty-four, the establishment of the worker assurance program 4 pursuant to section nineteen hundred thirty-five, and the community 5 assurance program pursuant to section nineteen hundred thirty-six of 6 this subtitle to achieve the purposes of each program; 7 (b) enter into contracts with eligible lead applicants, eligible sub- 8 applicants, and other entities through the competitive selection process 9 authorized by this subtitle; 10 (c) enter into contracts with one or more program implementers to 11 perform such functions as the authority deems appropriate; 12 (d) evaluate disadvantaged communities and other communities to iden- 13 tify those where permanent facility closure is likely, and engage in 14 outreach to ensure that constituency-based organizations, labor organ- 15 izations, and eligible applicants are aware that the program is under 16 development and invite them to be involved in the development of the 17 program; and 18 (e) exercise such other powers as are necessary for the proper admin- 19 istration of the program. 20 2. The authority shall notify labor organizations party to collective 21 bargaining agreements covering workers in significantly impacted commu- 22 nities of proposed programs or funding opportunities under this section. 23 § 1938. Allocation of funds. 1. Funds from the fund shall be disbursed 24 under the programs and be used to ensure a stable transition for workers 25 and communities impacted by the transition to a carbon free economy. 26 Funds may be used for activities pursuant to sections nineteen hundred 27 thirty-four, nineteen hundred thirty-five and nineteen hundred thirty- 28 six of this subtitle. 29 2. The authority shall: 30 (a) develop clear guidelines and engage in public comment before allo- 31 cating funds; 32 (b) determine a transparent and consistent level of funding, program 33 portfolio, and process for accessing that support in both the upstate 34 region and the downstate region; and 35 (c) coordinate with the New York state department of labor regarding 36 the program administered by the authority that directs funds to individ- 37 ual New York residents pursuant to section nineteen hundred thirty-five 38 of this subtitle; 39 3. (a) All projects funded pursuant to this section must be operated 40 as zero-emission projects. No funds from this program may be awarded to 41 any project that uses carbon-based-fuels in its operations. 42 (b) No funds under this subtitle shall fund police, prisons or related 43 infrastructure. 44 (c) Funds administered under section nineteen hundred thirty-six of 45 this subtitle should be coordinated whenever possible with existing 46 programs, and with funding opportunities under other subtitles of this 47 title. 48 § 1939. Selection process. The director is authorized, within amounts 49 appropriated, to disburse funds from the fund on a competitive basis for 50 approved projects to eligible applicants and partners. 51 1. The director, in partnership with the task force and board, shall 52 develop criteria and a process for selecting project proposals submitted 53 by eligible applicants under this subtitle. 54 2. The board will select projects based on proposals from eligible 55 lead applicants and labor organizations, based on task force's recommen-S. 4264--A 40 1 dation, or based on a request from an individual impacted workers and 2 adversely affected workers. 3 3. Proposals should clearly articulate: the programs to be supported; 4 the number of workers impacted; overall expected funding level; a plan 5 to engage the people most affected by the transition, including workers 6 and community members; a plan for any necessary site remediation and 7 economic development; and a plan to ensure that funding is time limited 8 to no more than ten years of direct support from the fund. 9 4. The authority shall give priority to proposals from or related to: 10 (a) disadvantaged workers or disadvantaged communities; 11 (b) adversely affected workers; 12 (c) eligible applicants that relate to adversely affected employment; 13 (d) projects that have significant employment and tax base impacts 14 when experiencing a permanent closure. 15 5. Where a proposal is received and one or more labor organization 16 represent impacted workers, they shall be notified, and given a reason- 17 able opportunity to submit a proposal either on their own or in partner- 18 ship with other eligible applicants. 19 6. In developing the criteria, the authority and the board shall 20 attempt to maximize: the number of people from affected communities that 21 will benefit from any implemented project and from the suite of projects 22 across the program; the degree of direct benefits delivered to affected 23 communities; greenhouse gas and emissions reductions for regulated air 24 contaminants; and, to the extent possible, the leveraging of private 25 capital. The criteria and program shall be reevaluated and amended based 26 on the social dialogue convened by the task force and regional working 27 groups. 28 7. The authority shall encourage lead eligible applicants to propose 29 projects in partnership with other eligible lead applicants, and in 30 partnership with eligible sub-applicants, and will notify all those 31 parties involved if multiple proposals are received regarding the same 32 site, workers, or community. 33 8. Where possible, the authority shall aim to distribute funds in an 34 equitable manner by region of the state. 35 9. If adequate funding is available, the authority may consider 36 proposals related to other impacts associated with climate change that 37 have the effect of causing job losses, including climate-related natural 38 disasters. 39 10. The authority shall allocate funding annually, or as determined 40 appropriate by the authority for ensuring continuous funding for the 41 needs of the chosen programs and projects. 42 § 1939-a. Designation of significant impact. 1. The authority, in 43 cooperation with the board and working group, shall establish criteria 44 to determine when an industry has become significantly impacted as a 45 direct result of policies to reduce greenhouse gas emissions in New York 46 state. The authority shall identify an initial set of industries that 47 are significantly impacted as a direct result of emissions reduction 48 policies for the purposes of implementing this section. After those 49 initial set of industries, further industries can be added by the task 50 force. 51 2. In designing the criteria and listing the industries described in 52 subdivision one of this section, the authority shall consider factors 53 such as: 54 (a) permanent facility closures or the closure of businesses as a 55 result of regulatory changes related to the climate and community 56 investment act;S. 4264--A 41 1 (b) significant job losses across an industry as a result of techno- 2 logical change in order to achieve greenhouse gas emission reductions; 3 or 4 (c) loss of property tax or school tax revenue that would lead to 5 local layoffs or service reductions as a result of regulatory changes 6 related to such act. 7 3. Before finalizing the criteria for identifying industries that are 8 significantly impacted as a direct result of climate change policy and 9 identifying a list of significantly impacted industries pursuant to 10 subdivision one of this section, the authority shall ensure that there 11 are meaningful opportunities for public comment, including by persons 12 working in potentially significantly impacted industries and persons 13 that may be identified as part of affected communities pursuant to this 14 title, including by: 15 (a) publishing draft criteria and a draft list of significantly 16 impacted industries and making such information available on the inter- 17 net. 18 (b) holding at least six regional public hearings on the draft crite- 19 ria and the draft list of significantly impacted industries, including 20 at least three meetings in the upstate region and three meetings in the 21 downstate region; and 22 (c) allowing at least one hundred twenty days for the submission of 23 public comment, following the date of the publication of draft criteria 24 described in paragraph (a) of this subdivision. 25 4. The authority, in cooperation with the board and the working group 26 shall meet no less than four times annually to review the criteria and 27 methods used to identify significantly impacted industries, and may 28 modify such methods to incorporate new data and scientific findings, 29 subject to the same process requirements listed under subdivision three 30 of this section. 31 5. An industry that has been significantly impacted as a direct result 32 of climate change policy, or workers in an industry that has been 33 significantly impacted as a direct result of climate change policy, may 34 also be identified based on a petition from a municipality, labor organ- 35 ization, or constituency-based organization located in or adjacent to an 36 impacted community. 37 6. The comptroller of the state of New York shall, both as a member of 38 the board and independent of the board, shall oversee the distribution 39 of funds in collaboration with the authority. 40 § 1939-b. Public engagement and social dialogue. 1. The board shall 41 regularly seek input and feedback from the community, both in every 42 region and directly from impacted communities and impacted workers. 43 2. All meetings of the board must be open public meetings, and shall 44 include opportunities for meaningful public input and allow all those 45 affected the opportunity to be a part of the dialogue; additionally, the 46 board shall hold regional meetings in each region each year, in addition 47 to their regular meetings in order to get public input. 48 3. In collaboration with the just transition working group, the direc- 49 tor will release a preliminary report within one year of their first 50 meeting, but after completing public engagement meetings in each region 51 this report will include: 52 (a) initial recommendations for a process for a comprehensive long 53 term just transition planning for New York state, including, but not 54 limited to identifying impacted communities, identifying applicable 55 firms, making recommendations for ongoing workforce strategy, and any 56 additional programs or supports required for a just transition.S. 4264--A 42 1 (b) identifying every community across New York that is already a 2 significantly impacted community, already has significant adversely 3 affected employment (including significant employment in the energy 4 industry is likely to be a significantly impacted community), or already 5 has impacted workers or permanently closed facilities. The basis for 6 communities to be included, and to schedule a start date for social 7 dialogue and the creation of regional working groups shall begin by 8 convening the workers and members of the impacted communities to begin a 9 discussion about climate change's impacts on the workforce and host 10 communities. 11 4. The director will create working groups in each region to commence 12 a social dialogue consisting of discussions where participants can 13 discuss, be provided with resources, and develop a consensus about how 14 to respond to the challenges of the transition. The social dialogue must 15 be directed by the people most affected. Goals of the social dialogue 16 include: ensuring economic decisions are made with real input from those 17 most affected they must include engagement with the broader community 18 and across sectors including input from the community, workers, busi- 19 nesses and others who are impacted by climate policies, uncovering the 20 best local economic development and workforce plans and set the stage 21 for diverse investments into community rebirth provide resources to 22 communities to develop solutions, including access to technical exper- 23 tise, information about climate change, its impacts and causes; the 24 impact climate change has on the communities and the workforce, and 25 regional economy; and information about emerging jobs and sectors. 26 5. Within two years of the effective date of this subtitle, the direc- 27 tor and board will release a draft plan that must include, at a minimum: 28 (a) specifics of how to transition a workforce into emerging jobs; 29 (b) estimates of sufficient resources for that transition; 30 (c) what expertise and supports must be allocated for the development 31 and implementation of an effective workforce plan; 32 (d) a skills map for each impacted position, current and emerging new 33 energy jobs and regional employment opportunities with similar require- 34 ments; and 35 (e) education and training options for workers that allows them to 36 rapidly re-skill for jobs in demand that recognizes their current and 37 transferable skills, provides competency-based training, learn and earn, 38 and credit for prior learning opportunities upskilling through joint 39 labor management journeyperson extension programs sponsored by joint 40 apprenticeship training programs. 41 6. The director will also seek public input on: 42 (a) a policy for workforce impact statements; and 43 (b) additional potential funding and possible partnerships for oppor- 44 tunity and workforce and economic revitalization. 45 7. For the purposes of subdivisions two, three and four of this 46 section, "region" shall have the same meaning as in subdivision nine of 47 section two thousand four hundred twenty-six of this article. 48 § 1939-c. Reporting. 1. No later than two years following the effec- 49 tive date of this subtitle, and every two years thereafter, the authori- 50 ty, in partnership with the working group, shall produce a report on the 51 implementation of the program established under this subtitle and the 52 extent to which program implementation is meeting stated program goals 53 and priorities. Such report shall include but not be limited to: 54 (a) reporting on the effectiveness of the policies established under 55 this subtitle to the legislature and public on the job creation and 56 retention impacts;S. 4264--A 43 1 (b) an overview of social benefits pursuant to the implementation of 2 this section, including benefits to the economy, environment, and public 3 health, including women's health; 4 (c) an overview of administrative costs for the authority, the depart- 5 ment and other state agencies; 6 (d) recommendations for future policy pertaining to transition assist- 7 ance; and 8 (e) data identifying both who submitted petitions and who received 9 support from the program and why. 10 2. (a) Prior to finalizing the report described in subdivision one of 11 this section, the authority shall ensure that there are meaningful 12 opportunities for public participation, including by: 13 (i) allowing at least one hundred twenty days for the submission of 14 public comment, following the date of the publication of a draft report; 15 and 16 (ii) holding at least four regional public hearings, including: two 17 meetings in the upstate region and two meetings in the downstate region, 18 with emphasis on maximizing participation and accessibility for members 19 of disadvantaged communities. 20 (b) The following entities shall be invited to attend and given notice 21 of the public hearings described in paragraph (a) of this subdivision: 22 (i) environmental justice representatives; 23 (ii) organizations representing disadvantaged community members; 24 (iii) labor organizations in the area; 25 (iv) local businesses; 26 (v) local governments and school authorities; and 27 (vi) climate change experts. 28 3. The final report described in subdivision one of this section shall 29 be submitted to the governor, the president of the senate, the speaker 30 of the assembly, the minority leader of the senate and the minority 31 leader of the assembly and shall be posted on the website of the author- 32 ity. Additionally, all reports shall be shared publicly through the 33 department of information technology and telecommunications of the city 34 of New York. 35 § 8. Article 8 of the public authorities law is amended by adding a 36 new title 36 to read as follows: 37 TITLE 36 38 CLIMATE AND COMMUNITY INVESTMENT AUTHORITY 39 Section 2799-tttt. Definitions. 40 2799-uuuu. The climate and community investment authority of 41 the state of New York; creation. 42 2799-wwww. Board of trustees. 43 2799-xxxx. Officers and employees; expenses. 44 2799-yyyy. Powers and duties of the authority. 45 2799-zzzz. Contracts negotiated by the authority. 46 2799-aaaaa. Subsidiaries. 47 2799-bbbbb. Notes of the authority. 48 2799-ccccc. Bonds of the authority. 49 2799-ddddd. Guaranty by the state. 50 2799-eeeee. State and municipalities not liable on bonds or 51 notes. 52 2799-fffff. Legal investments. 53 2799-ggggg. Deposit and investment of monies of the authority. 54 2799-hhhhh. Agreement of the state. 55 2799-iiiii. Exemption from taxation. 56 2799-jjjjj. Tax covenant.S. 4264--A 44 1 2799-kkkkk. Repayment of state appropriations. 2 2799-lllll. Equal employment opportunity and minority and women 3 owned business enterprise programs. 4 2799-mmmmm. Prevailing wage. 5 2799-nnnnn. Audits and annual reports. 6 2799-ooooo. Transparency. 7 2799-ppppp. Corporate existence. 8 2799-qqqqq. Conflicts of interest. 9 2799-rrrrr. Exculpation. 10 2799-sssss. Liberal interpretation. 11 2799-ttttt. Severability. 12 2799-uuuuu. Inconsistent provisions of other laws superseded. 13 2799-vvvvv. Title not affected if in part unconstitutional. 14 2799-wwwww. Climate manufacturing careers policy. 15 2799-xxxxx. Additional responsible contracting standards. 16 § 2799-tttt. Definitions. For the purposes of this title, the follow- 17 ing terms shall have the following meanings: 18 1. "Acquire" means, with respect to any right, title or interest in or 19 to any property, either the act of taking by the exercise of the power 20 of eminent domain, or the acquisition by purchase or otherwise. 21 2. "Authority" or "the climate and community investment authority" 22 means the climate and community investment authority of the state of New 23 York established by section twenty-seven hundred ninety-nine-uuuu of 24 this title. 25 3. "Board" means the board of trustees of the authority. 26 4. "Bonds" or "notes" mean the bonds, notes or other obligations 27 issued by the authority pursuant to this title. 28 5. "Director" means the director of an office appointed under para- 29 graph (b) of subdivision seven of section twenty-seven hundred ninety- 30 nine-uuuu of this title. 31 6. "Municipality" means any county, city, town, village, municipal 32 corporation, school district or other political subdivision of the 33 state, including any agency, authority or public corporation of the 34 state or any of the foregoing or any combination thereof, other than the 35 authority. 36 7. "President" means the president of the climate and community 37 investment authority. 38 8. "Project" means an action undertaken by the authority that: causes 39 the authority to issue bonds, notes or other obligations, or shares in 40 any subsidiary corporation, or significantly modifies the use of an 41 asset valued at more than one million dollars owned by the authority or 42 involves the sale, lease or other disposition of such an asset, or 43 commits the authority to a contract for a public works project in 44 receipt of more than one hundred thousand dollars in total financial 45 assistance; projects with a total value of more than ten million 46 dollars; and privately-financed projects on public property. 47 9. "Revenue" means all rates, rents, fees, charges, payments and other 48 income and receipts derived by the authority from the operation of the 49 authority other than the proceeds of the sales of its securities, 50 including, but not limited to, investment proceeds and proceeds of 51 insurance, condemnation, and sales or other disposition of assets, 52 together with all federal, state or municipal aid. 53 10. "Comptroller" means the New York state comptroller. 54 § 2799-uuuu. The climate and community investment authority of the 55 state of New York; creation. 1. There is hereby created a corporate 56 instrumentality of the state to be known as the "climate and communityS. 4264--A 45 1 investment authority of the state of New York" which shall be a body 2 corporate and political and a political subdivision of the state, exer- 3 cising essential government and public powers. 4 2. The area of operations of the authority shall be the state of New 5 York. 6 3. The authority shall not be created or organized, and its operations 7 shall not be conducted, for the purpose of making a profit. No part of 8 the revenues or assets of the authority shall inure to the benefit of or 9 be distributable to its trustees or officers or any other private 10 persons, except as provided for actual services rendered. 11 4. The power of the authority shall be vested in and exercised by a 12 majority of the members of the board then in office. Such board may 13 delegate to one or more of its members or its officers, agents and 14 employees such powers and duties as it may deem proper. 15 5. The board shall elect and appoint a president of the authority. 16 6. The board shall create within the authority: 17 (a) an office of environmental justice; 18 (b) an office of household and small business energy rebates; 19 (c) an office of climate jobs and infrastructure; 20 (d) an office of community just transition; 21 (e) an office of worker and community assurance; 22 (f) an office of value of pollution and mitigation program; 23 (g) an office of procurement; 24 (h) an office of public engagement and independent ombudsperson; and 25 (i) any other offices as necessary. 26 7. Each office created by the authority shall: 27 (a) Abide by the principles of environmental justice, including the 28 federal executive order 12898 of 1994, relating to environmental 29 justice, and the Jemez principles of democratic organizing. Such princi- 30 ples shall include: being inclusive; placing an emphasis on bottom-up 31 organizing; letting people speak for themselves; working together in 32 solidarity and mutuality; building just relationships among ourselves; 33 and making a commitment to self-transformation. 34 (b) Be led by a director. Not later than six months after the forma- 35 tion of the authority, the climate justice working group shall nominate 36 not less than three candidates for the position of director for each 37 office of the authority. Not later than three months after the climate 38 justice working group has nominated candidates, the president shall 39 select the director for each office from this group of candidates. 40 8. The board and its corporate existence shall continue so long as it 41 shall have notes, bonds or other obligations outstanding (including 42 notes, bonds or obligations hereafter issued or incurred) and until its 43 existence shall be terminated by law. Upon the termination of the exist- 44 ence of the authority, all its rights and properties shall pass to and 45 be vested in the state. 46 § 2799-wwww. Board of trustees. 1. Beginning no later than six months 47 following the effective date of this title, the board of the authority 48 shall be created and shall consist of thirteen trustees including: 49 (a) Five trustees serving ex officio, which shall consist of the 50 commissioner of the department of transportation, the commissioner of 51 the department of environmental conservation, the president and chief 52 executive officer of the New York state energy research and development 53 authority, the chair of the public service commission, and the commis- 54 sioner of the department of labor; 55 (b) Two trustees to be appointed by the governor with consent from 56 both houses of the legislature,S. 4264--A 46 1 (c) Three trustees to be appointed by the temporary president of the 2 senate, and 3 (d) Three trustees to be appointed by the speaker of the assembly. 4 2. The board shall be chaired by a board member elected by the full 5 board, who shall not be an ex officio member. 6 3. At the time of appointment and for the duration of service: 7 (a) At least one board appointee shall live in each of the following 8 regions: western New York, the finger lakes region, central New York, 9 the southern tier, mohawk valley, the north country, mid-hudson, and 10 long island; 11 (b) At minimum three board appointees shall be representative of envi- 12 ronmental justice communities; 13 (c) One shall be a representative of a youth organization who is under 14 the age of twenty-six years old; and 15 (d) All trustees appointed under this section shall have relevant 16 experience in any or all of the following areas: utility, environmental 17 justice, energy markets, energy systems, organized labor, workforce 18 development, sustainable land use, transportation, and clean energy. 19 4. Of the appointed board trustees, four shall serve initial terms of 20 three years, while the remaining four shall serve initial terms of four 21 years. Thereafter, all terms shall be for a period of four years. In the 22 event of a vacancy occurring in the office of a board trustee by death, 23 resignation or otherwise, the respective appointing officer shall 24 appoint a successor who shall hold office for the unexpired portion of 25 such term. 26 5. A quorum for the purposes of organizing the authority and conduct- 27 ing business thereof shall mean fifty percent plus one. 28 6. No board trustee shall receive a salary, but each shall be entitled 29 to reimbursement for reasonable expenses in the performance of duties 30 assigned under this title. 31 7. Notwithstanding the provisions of any other law, any trustee, offi- 32 cer or employee of the state, a state agency, or a municipality shall be 33 deemed to have forfeited or shall forfeit their office or employment by 34 reason of their acceptance of a board trustee position on the authority. 35 § 2799-xxxx. Officers and employees; expenses. 1. Pursuant to authori- 36 ty duly delegated to him or her, a director from time to time shall 37 hire, without regard to any personnel or civil service law, rule, or 38 regulation of the state and in accordance with guidelines adopted by the 39 board, such officers, employees and consultants, as they may require for 40 the performance of their duties and shall prescribe the duties and 41 compensation of each such officer, employee or consultant. Notwith- 42 standing the provisions of any general, special or local law, the board 43 may determine that, if any pension or retirement plan becomes inapplica- 44 ble or is terminated, all or such class or classes of employees of the 45 authority as the board may determine may elect to become members of the 46 New York state employees' retirement system on the basis of compensation 47 payable to them by the authority. 48 2. Officers and employees of any state agency, department or division 49 may be transferred to the authority, and officers, and employees of the 50 authority may be transferred to any state agency, department, or divi- 51 sion without examination and without loss of any civil service status or 52 rights. No such transfer from the authority to any state agency, depart- 53 ment, or division shall be made without the approval of the head of such 54 state agency, department, or division and the director of the budget, 55 and such transfer shall be in compliance with the rules and regulations 56 of the state civil service commission.S. 4264--A 47 1 § 2799-yyyy. Powers and duties of the authority. 1. Except as other- 2 wise limited by this title, the authority shall have all of the powers 3 necessary or convenient to carry out the purposes and provisions of this 4 title, including but not limited to, the power to: 5 (a) Sue and be sued in all courts and to participate in actions and 6 proceedings, whether judicial, administrative, arbitrative or otherwise; 7 (b) Have a corporate seal, to alter such seal at pleasure, and to use 8 such seal by causing such seal or be affixed, impressed or reproduced in 9 any manner deemed appropriate; 10 (c) Appoint officers, agents and employees, without regard to any 11 personnel or civil service law, rule or regulation of the state and in 12 accordance with guidelines adopted by the authority, to prescribe their 13 duties and qualifications and to fix and pay their compensation; 14 (d) Purchase, receive, take by grant, gift, devise, bequest or other- 15 wise, lease, or otherwise acquire, own, hold, improve, employ, use or 16 otherwise deal in or with, real or personal property whether tangible or 17 intangible, or any interest therein, within the state; 18 (e) Acquire real or personal property, whether tangible or intangible, 19 including without limitation, property rights, interests in property, 20 franchises, obligations, contracts, debt and equity securities, by the 21 exercise of the power of eminent domain; 22 (f) Sell, convey, lease, exchange, transfer, abandon or otherwise 23 dispose of, or mortgage, pledge or create a security interest in, all or 24 any of its assets, properties or any interest therein, wherever situ- 25 ated; 26 (g) Purchase, take, receive, subscribe for, or otherwise acquire, 27 hold, make a tender offer for, vote, employ, sell, lend, lease, 28 exchange, transfer, or otherwise dispose of, mortgage, pledge or grant a 29 security interest in, use or otherwise deal in and with, bonds and other 30 obligations, shares or other securities or interests therein, issued by 31 others, whether engaged in a similar or different business or activity; 32 (h) Make and execute agreements, contracts or other instruments neces- 33 sary or convenient in the exercise of the powers and functions of the 34 authority under this title, including contracts with any person, firm, 35 corporation, municipality, state agency or other entity in accordance 36 with the provisions of section one hundred three of the general munici- 37 pal law, and all state agencies and all municipalities shall hereby be 38 authorized to enter into and do all things necessary to perform any such 39 agreement, contract or other such instrument with the authority; 40 (i) Borrow money at such rate or rates of interest as the authority 41 may determine, issue its notes, bonds or other obligations to evidence 42 such indebtedness, and secure any of its obligations by mortgage or 43 pledge of all or any of its property or any interest therein, wherever 44 situated; 45 (j) Arrange for guarantees of its bonds, notes or other obligations by 46 the federal government or by any private insurer or otherwise, and to 47 pay any premiums therefor; 48 (k) Issue such bonds or notes or other obligations regardless of 49 whether the income therefrom is exempt from federal income taxation; 50 (l) Purchase bonds, notes or other obligations of the authority at 51 such price or prices as the authority may determine; 52 (m) Lend money, invest and reinvest its funds, and take and hold real 53 and personal property as security for the payment of funds so loaned or 54 invested; 55 (n) Procure insurance against any loss in connection with its proper- 56 ties or operations in such amount or amounts and from such insurers,S. 4264--A 48 1 including the federal government, as it may deem necessary or desirable, 2 and to pay any premiums therefor; 3 (o) Create or acquire one or more wholly owned subsidiaries in accord- 4 ance with section twenty-seven hundred ninety-nine-aaaaa of this title; 5 (p) Negotiate and enter into agreements with trustees or receivers 6 appointed by United States bankruptcy courts or federal district courts 7 or in other proceedings involving adjustment of debts, and to authorize 8 legal counsel for the authority to appear in any such proceedings; 9 (q) File a petition under chapter nine of title eleven of the United 10 States bankruptcy code, or to take other similar action for the adjust- 11 ment of its debts; 12 (r) Enter into management agreements for the operation of all or any 13 of the property or facilities owned by the authority; 14 (s) Maintain an office or offices at such place or places in the state 15 as it may determine; 16 (t) Make any inquiry, investigation, survey or study which the author- 17 ity may deem necessary to enable it to effectively to carry out the 18 provisions of this title, and to require the production of records, 19 books, papers, accounts and other documents, including public records, 20 and to make copies thereof or extracts therefrom; 21 (u) Adopt, revise, amend and repeal rules and regulations with respect 22 to its operations, properties and facilities, and projects as may be 23 necessary or convenient to carry out the purposes of this title, subject 24 to the provisions of the state administrative procedure act; 25 (v) From time to time enter into agreements with the New York state 26 energy research and development authority, the department of environ- 27 mental conservation, the New York power authority, the department of 28 labor, the department of state, the metropolitan transit authority, or 29 any other relevant entity, to finance the capital costs of projects 30 authorized pursuant to section eighty-eight-b of the state finance law, 31 and to issue bonds and notes for capital projects approved by the board, 32 provided that each provision of this title relating to bonds and notes 33 which are not inconsistent with the provisions of this section shall 34 apply to the bonds and notes authorized by this section; 35 (w) Fix and collect such fees, rentals and charges for use of the 36 authority or any part thereof necessary or convenient to produce suffi- 37 cient revenue to meet the obligations of the authority as described in 38 sections twenty-seven hundred ninety-nine-sssss and twenty-seven hundred 39 ninety-nine-uuuu of this title; 40 (x) Request support and services to the office from any other state 41 agency or authority; 42 (y) Transfer employees of any state agency pursuant to section twen- 43 ty-seven hundred ninety-nine-xxxx; and 44 (z) Levy fines and fees. 45 § 2799-zzzz. Contracts negotiated by the authority. Contracts negoti- 46 ated by the authority as authorized under section twenty-seven hundred 47 ninety-nine-yyyy of this title shall be entered into and executed as 48 follows: 49 1. (a) The authority shall develop a procurement policy to ensure the 50 wise and prudent use of public money in the best interest of New York 51 state residents; guard against favoritism, fraud, and corruption; and 52 ensure that contracts are awarded consistent with law and on the basis 53 of best value, including, but not limited to, the following criteria: 54 quality, cost, efficiency, and maximization of public benefits including 55 environmental justice and the creation of high-quality jobs.S. 4264--A 49 1 (b) The authority shall establish guidelines governing the qualifica- 2 tions of bidders entering into contracts relating to electric school 3 buses and charging infrastructure, rolling stock and charging infras- 4 tructure for transit authorities, and large scale renewable projects. In 5 determining whether a prospective bidder qualifies for inclusion on a 6 list of qualified bidders for contracts related to electric school buses 7 and charging infrastructure, transit authority rolling stock and charg- 8 ing infrastructure, and large scale renewable projects the authority 9 shall consider prospective bidders' experience, financial capability and 10 responsibility, and past performance, including performance on meeting 11 U.S. employment plan and local employment plan, as such terms are 12 defined by article eight-B of the labor law, commitments under section 13 twenty-seven hundred ninety-nine-wwwww of this title. 14 (c) All purchase contracts for supplies, materials or equipment 15 involving an estimated expenditure in excess of one million dollars for 16 school buses and charging infrastructure, or five million dollars for 17 any other projects, shall be awarded by the authority to a bidder that 18 provides the best value to the authority after obtaining proposals in 19 the manner established by the U.S. employment plan and local employment 20 plan, as such terms are defined by article eight-B of the labor law, 21 under the climate manufacturing careers policy under twenty-seven 22 hundred ninety-nine-wwwww of this title. The authority shall also 23 utilize the climate manufacturing careers policy when evaluating 24 procurements made directly by the authority. All contracts for public 25 work involving an estimated expenditure in excess of five million 26 dollars shall comply with the labor, project performance, U.S. employ- 27 ment plan and local employment plan requirements of article eight-B of 28 the labor law. 29 2. After agreement upon the terms of any contract under this section 30 shall have been reached by the authority and a third party or third 31 parties, the authority shall promptly transmit a copy of such proposed 32 contract to the governor, the speaker of the assembly, the minority 33 leader of the assembly, the chairman of the assembly committee on ways 34 and means, the temporary president of the senate and the minority leader 35 of the senate and the chairman of the senate finance committee, and 36 shall hold a public hearing or hearings upon the terms thereof. No less 37 than thirty days' notice of such hearing shall be provided by the 38 authority by publication once per week during such period in six newspa- 39 pers within the state to be selected by the authority. Copies of such 40 proposed contract shall be available for public inspection during such 41 period of thirty days at the office or offices of the authority and at 42 such other places throughout the state as the authority may designate. 43 3. Following a public hearing under subdivision two of this section, 44 the authority shall reconsider the terms of the proposed contract or 45 contracts and shall negotiate such changes and modifications in such 46 contract or contracts as it then deems necessary or advisable. 47 4. When a contract or contracts are agreed upon in terms satisfactory 48 to the authority and all other parties to such contract, and which the 49 authority believes to be in the public interest, the authority shall 50 thereupon report such proposed contract or contracts, together with the 51 authorities recommendations and the record of the public hearings there- 52 on, to the speaker of the assembly, the chairman of the assembly commit- 53 tee on ways and means, the temporary president of the senate, the chair- 54 man of the senate finance committee, and the governor. The governor 55 shall, within sixty days thereafter, indicate his or her approval orS. 4264--A 50 1 disapproval thereof and give his or her reasons for such approval or 2 disapproval. 3 5. If the governor shall approve a contract, then such contract shall 4 be executed by the president and the chair of the board of the authority 5 and such contract shall thereupon come into full force and effect and be 6 binding upon the authority and all other parties thereto in accordance 7 with such contract's terms. 8 § 2799-aaaaa. Subsidiaries. 1. The authority shall have the right to 9 exercise and perform all or part of its powers and functions through one 10 or more wholly owned subsidiaries by acquiring the voting shares there- 11 of, or by resolution of the board directing any of its trustees, offi- 12 cers or employees to organize a subsidiary corporation pursuant to the 13 business corporation law, the not-for-profit corporation law or the 14 transportation corporations law. Such resolution shall prescribe the 15 purpose for which such subsidiary corporation shall be formed. 16 2. The authority may transfer to any of its subsidiary corporations 17 any moneys, property (real, personal or mixed), or facilities in order 18 to carry out the purposes of this title. Each such subsidiary corpo- 19 ration shall have all the privileges, immunities, tax exemptions and 20 other exemptions of the authority to the extent such privileges, immuni- 21 ties, tax exemptions and other exemptions are not inconsistent with any 22 laws under which such subsidiary was incorporated. 23 § 2799-bbbbb. Notes of the authority. 1. The authority shall have the 24 power and is hereby authorized from time to time to issue its negotiable 25 notes in conformity with applicable provisions of the uniform commercial 26 code for any corporate purpose and to refund from time to time any notes 27 by the issuance of new notes, whether the notes to be refunded have or 28 have not matured. The authority may issue notes partially to refund 29 notes or to discharge other obligations then outstanding, and partially 30 for any other corporate purpose of the authority. Such notes may be 31 authorized, sold, executed and delivered in the same manner as bonds. 32 Any resolution or resolutions authorizing notes of the authority or any 33 issue thereof may contain any provisions which the authority is author- 34 ized to include in any resolution or resolutions authorizing bonds of 35 the authority or any issue thereof, and the authority may include in any 36 notes any terms, covenants or conditions which it is authorized to 37 include in any bonds. 38 2. In the event the authority pledges its revenues under a resolution 39 authorized by this section, such resolution shall not prohibit the 40 authority from financing for additional corporate purposes, authorized 41 by law, secured by an additional pledge of such revenues. Such addi- 42 tional pledge of revenues may, in the discretion of the authority, be 43 subordinate to the pledge of such revenues securing other bonds, notes 44 or other evidence of indebtedness of the authority. Provided, however, 45 the authority shall not make any such additional pledge if the security 46 of the bonds, notes or other evidences of indebtedness previously issued 47 shall be impaired as a result thereof. 48 3. Neither the members of the board nor any person executing the notes 49 or bonds shall be liable personally on the notes or bonds, or shall be 50 subject to any personal liability or accountability by reason of the 51 issuance thereof. 52 § 2799-ccccc. Bonds of the authority. 1. The authority shall have 53 power and is hereby authorized from time to time to issue its negotiable 54 bonds in conformity with applicable provisions of the uniform commercial 55 code for any purpose authorized by this title, including without limita- 56 tion to:S. 4264--A 51 1 (a) acquire any real or personal property or facilities deemed neces- 2 sary by the authority; 3 (b) pay interest on bonds or notes of the authority; 4 (c) establish reserves to secure such bonds and notes; 5 (d) establish or maintain such other funds or accounts for such 6 purpose or purposes as the authority may deem necessary or desirable; 7 and 8 (e) to pay all other expenses of the authority incident to the issu- 9 ance of such bonds or notes. 10 2. Except as may be otherwise expressly provided by the authority, the 11 bonds and notes of every issue shall be general obligations of the 12 authority payable out of any moneys or revenues of the authority, 13 subject only to any agreements with the holders of particular bonds or 14 notes, or any trustee therefor, pledging any particular moneys or reven- 15 ues. 16 3. The authority shall have power from time to time, whenever it deems 17 refunding expedient, to refund any bonds by the issuance of new bonds, 18 whether the bonds to be refunded have or have not matured, and may issue 19 bonds partly to refund bonds then outstanding and partly for any other 20 corporate purpose of the authority. Refunding bonds may be exchanged for 21 the bonds to be refunded, with such cash adjustments as may be agreed, 22 or may be sold with the proceeds applied to the purchase, payment or 23 provision for payment of the bonds to be refunded. 24 4. Bonds may be issued, payable in annual installments, as term bonds, 25 or both. Bonds shall be authorized by resolution of the board of the 26 authority and shall bear such date or dates, mature at such time or 27 times, not exceeding fifty years from their respective dates, bear 28 interest at such rate or rates, be in such denominations, be in such 29 form, either coupon or registered, carry such registration privileges, 30 be executed in such manner, be payable in lawful money of the United 31 States of America or by check at such place or places, and be subject to 32 such terms of redemption, as such resolution or resolutions may provide. 33 In the event that term bonds are issued, the resolution authorizing such 34 term bonds may make such provisions for the establishment and mainte- 35 nance of sinking funds for the payment thereof as the authority may deem 36 necessary or appropriate. Bonds or notes may be sold at public or 37 private sale at such price or prices as the authority shall determine 38 but shall not be sold by the authority at private sale unless such sale 39 and terms thereof have been approved in writing by the state comp- 40 troller. Pending preparation of definitive bonds or notes, the authority 41 may issue bonds or notes in temporary form which shall be exchanged for 42 bonds or notes in definitive form when available. 43 5. Any resolution or resolutions authorizing any bonds or any issue of 44 bonds may: 45 (a) delegate to an officer or officers of the authority the power to 46 approve the issuance of bonds from time to time and to fix the details 47 of any such bonds or issues of bonds by an appropriate certificate of 48 such authorized officer or officers; and 49 (b) contain provisions, which shall be a part of the contract with the 50 holders of the bonds to be authorized as to: 51 (i) Pledging or creating a lien on all or any part of the moneys, 52 revenues or properties of the authority to secure the payment of the 53 bonds or of any particular issue of bonds or any portion of any issue of 54 bonds, subject to such agreements with bondholders as may then exist;S. 4264--A 52 1 (ii) The rates, fees and other charges to be charged, and the amounts 2 to be raised in each year thereby, and the use and disposition of the 3 revenues; 4 (iii) The setting aside of reserves or sinking funds, and the regu- 5 lation and disposition thereof; 6 (iv) Limitations on the right of the authority to restrict and regu- 7 late the use of any of its property; 8 (v) Limitations on the purpose to which the proceeds of sale of any 9 issue of bonds then or thereafter to be issued may be applied; 10 (vi) Limitations on the issuance of additional bonds, the terms upon 11 which additional bonds may be issued and secured, and the refunding of 12 outstanding bonds; 13 (vii) The procedure, if any, by which the terms of any contract with 14 bondholders may be amended, the amount or percentage of outstanding 15 bonds the holders of which must consent thereto, and the manner in which 16 such consent may be given; 17 (viii) Defining the acts or omissions to act which shall constitute a 18 default in the duties of the authority to holders of its obligations, 19 and providing the rights and remedies of such holders or of a trustee 20 acting on their behalf in the event of a default; and 21 (ix) Any other matters, which may affect the security and protection 22 of the bonds and the rights of the holders thereof. 23 6. It is the intention of the legislature that any pledge of moneys, 24 revenues or property or of a revenue producing contract or contracts 25 made by the authority shall be valid and binding from the time when the 26 pledge is made; that the moneys, revenues or proceeds so pledged and 27 thereafter received by the authority shall immediately be subject to the 28 lien of such pledge without any physical delivery thereof or further 29 act; and that the lien of any such pledge shall be valid and binding as 30 against all parties having claims of any kind in tort, contract or 31 otherwise against the authority irrespective of whether such parties 32 have notice thereof. Neither the resolution nor any other instrument by 33 which a pledge or lien is created pursuant to this subdivision shall 34 need to be recorded in order to perfect such pledge or lien. 35 7. Neither the trustees of the authority nor any person executing the 36 bonds or notes shall be liable personally on the bonds or notes or be 37 subject to any personal liability or accountability by reason of the 38 issuance thereof. 39 8. The authority shall have the power to, out of any funds available 40 therefor, purchase bonds or notes at such price or prices as it deems 41 advisable. The authority may hold, pledge, cancel or resell such bonds, 42 subject to agreements with bondholders. 43 9. All bonds, notes and other obligations issued by the authority 44 under the provisions of this title shall have all the qualities and 45 incidents of negotiable instruments under the applicable laws of the 46 state and all municipalities and municipal subdivisions. All insurance 47 companies and associations and other persons carrying on an insurance 48 business, all banks, bankers, trust companies, savings banks and savings 49 associations, including savings and loan associations, building and loan 50 associations, investment companies and other persons carrying on a bank- 51 ing business, and all other persons whatsoever, except as hereinafter 52 provided, who are now or may hereafter be authorized to invest in bonds 53 or other obligations of the state, may properly and legally invest funds 54 including capital in their control or belonging to them; provided that, 55 notwithstanding the provisions of any other general or special law to 56 the contrary, such bonds and notes shall not be eligible for the invest-S. 4264--A 53 1 ment of funds, including capital, of trusts, estates or guardianships 2 under the control of individual administrators, guardians, executors, 3 trustees or other individual fiduciaries except when any such individual 4 fiduciary shall be acting in such capacity with one or more corporate 5 co-fiduciaries. The bonds and notes shall be securities which may be 6 deposited with and shall be received by all public officers and bodies 7 of this state and all municipalities and municipal subdivisions for any 8 purpose for which the deposit of bonds or other obligations of this 9 state is now or may hereafter be authorized. 10 § 2799-ddddd. Guaranty by the state. 1. To the extent authorized by 11 the state constitution at the time of the issuance of notes or bonds, 12 the punctual payment of the notes and bonds shall be, fully and uncondi- 13 tionally guaranteed by the state, both as to principal and interest, 14 according to their terms; and such guaranty shall be expressed upon the 15 face thereof by the signature or facsimile signature of the comptroller 16 or a deputy comptroller. In the event that the authority shall fail to 17 pay when due, the principal of, or interest on, the notes or bonds, the 18 comptroller shall pay the holder thereof, and thereupon the state shall 19 be subrogated to the rights of the noteholders or bondholders so paid. 20 2. The authority shall have power to issue notes and bonds without the 21 guaranty of the state and may issue such notes or bonds before and after 22 the issuance of notes or bonds guaranteed. 23 3. When guaranteed notes or guaranteed bonds are outstanding, notes or 24 bonds secured by a pledge of receipts or revenues having priority over 25 such outstanding guaranteed notes or guaranteed bonds shall not be 26 issued, except with the consent of the comptroller, and unless the 27 authority shall by resolution first find and determine that, notwith- 28 standing such pledge, the authority shall have adequate means to meet 29 its obligations to the holders of such outstanding guaranteed notes or 30 bonds. 31 4. When notes or bonds are outstanding secured by a pledge of receipts 32 or revenues, guaranteed notes or bonds either unsecured, or secured by a 33 pledge of receipts or revenues subordinate to the pledge securing such 34 outstanding notes or bonds, shall not be issued unless the authority 35 shall first find and determine by resolution that notwithstanding the 36 pledge securing such outstanding notes or bonds, the authority will have 37 adequate means to meet its obligations on the guaranteed notes or bonds 38 about to be issued. 39 § 2799-eeeee. State and municipalities not liable on the bonds or 40 notes. Notes and other obligations of the authority shall not be a debt 41 of the state or of any municipality, and neither the state nor any muni- 42 cipality shall be liable thereon. The authority shall not have the power 43 to pledge the credit, the revenues or the taxing power of the state or 44 of any municipality, and neither the credit, the revenues nor the taxing 45 power of the state or of any municipality shall be, or shall be deemed 46 to be, pledged to the payment of any bonds, notes or other obligations 47 of the authority. Each evidence of indebtedness of the authority, 48 including the bonds and notes of the authority, shall contain a clear 49 and explicit statement of the provisions of this section. 50 § 2799-fffff. Legal investments. Any bonds or notes issued by the 51 authority are hereby made securities in which all public officers and 52 bodies of this state and all municipalities, all insurance companies and 53 associations and other persons carrying on an insurance business, all 54 banks, bankers, trust companies, savings banks and savings associations, 55 including savings and loan associations, building and loan associations, 56 investment companies and other persons carrying on a banking business,S. 4264--A 54 1 all trusts, estates and guardianships and all other persons whatsoever, 2 who are now or may hereafter be authorized to invest in bonds or other 3 obligations of the state, may properly and legally invest funds, includ- 4 ing capital in their control or belonging to them. The bonds and notes 5 shall also be securities which may be deposited with and shall be 6 received by all public officers and bodies of the state and all munici- 7 palities for any purpose for which the deposit of bonds or other obli- 8 gations of the state is now or may hereafter be authorized. 9 § 2799-ggggg. Deposit and investment of monies of the authority. 1. 10 All moneys of the authority from whatever source derived shall be paid 11 to the comptroller as agent of the authority, who shall not commingle 12 such moneys with any other moneys. Such moneys shall be deposited in a 13 separate bank account or accounts. The moneys in such accounts shall be 14 paid out on check of the comptroller on requisition of the chairperson 15 of the authority or of such other person as the authority may authorize 16 to make such requisition. All deposits of such moneys shall, if required 17 by the comptroller or the authority, be secured by obligations of the 18 United States or of the state of New York of a market value equal at all 19 times to the amount of the deposit and all banks and trust companies are 20 authorized to give such security for such deposits. The comptroller and 21 his or her legally authorized representatives shall be authorized and 22 empowered from time to time to examine the accounts and books of the 23 authority, including its receipts, disbursements, contracts, leases, 24 sinking funds, investments and any other matters relating to its finan- 25 cial standing. 26 2. Notwithstanding the provisions of this section, the authority shall 27 have power, subject to the approval of the comptroller, to contract with 28 the holders of any of its notes or bonds as to the custody, collection, 29 securing, investment and payment of any moneys of the authority, or any 30 moneys held in trust or otherwise for the payment of notes or bonds or 31 in any way to secure notes or bonds, and to carry out any such contract. 32 Moneys held in trust or otherwise for the payment of notes or bonds or 33 in any way to secure notes or bonds and deposits of such moneys may be 34 secured in the same manner as moneys of the authority, and all banks and 35 trust companies shall be authorized to give such security for such 36 deposits. Moneys of the authority not required for immediate use may, in 37 the discretion of the authority, be invested by the comptroller in obli- 38 gations in which the comptroller may invest pursuant to section ninety- 39 eight-a of the state finance law. Subject to agreements with noteholders 40 and bondholders and the approval of the comptroller, the authority shall 41 prescribe a system of accounts. 42 § 2799-hhhhh. Agreement of the state. 1. The state shall not limit or 43 alter the rights hereby vested in the authority to establish and collect 44 such fees, rentals and charges as may be convenient or necessary to 45 produce sufficient revenue to meet the expense of maintenance and opera- 46 tion and to fulfill the terms of any agreements made with the holders of 47 notes, bonds, or other obligations of the authority not guaranteed by 48 the state, or in any way impair the rights and remedies of such holders 49 until such notes, bonds, and other obligations, together with the inter- 50 est thereon, with interest on any unpaid installments of interest, and 51 all costs and expenses in connection with any action or proceedings by 52 or on behalf of such holders, are fully met and discharged. 53 2. The state shall pledge to and agree with the holders of any notes 54 or bonds of the authority, not guaranteed by the state, secured by a 55 pledge of the fees or other revenues or any part thereof so long as theS. 4264--A 55 1 obligations of such bonds for principal and interest shall not have been 2 paid or otherwise discharged; 3 3. Nothing in this title shall be construed as diminishing or enlarg- 4 ing any valid existing rights under any license heretofore issued pursu- 5 ant to the provisions of the federal power act. 6 § 2799-iiiii. Exemption from taxation. 1. The operation of the author- 7 ity shall be primarily for the benefit of the people of the state of New 8 York, for the improvement of their health, welfare and prosperity, and 9 is a public purpose, and the authority shall be regarded as performing 10 an essential governmental function in carrying out the provisions of 11 this title. 12 2. The property of the authority and its income and operations shall 13 be exempt from taxation. 14 § 2799-jjjjj. Tax covenant. The tax covenants with the purchasers and 15 with all subsequent holders and transferees of notes and bonds issued by 16 the authority, in consideration of the acceptance of and payment for the 17 notes and bonds, that the notes and bonds of the authority issued pursu- 18 ant to this title and the income therefrom and all its fees, charges, 19 rents, gifts, grants, revenues, receipts and other moneys received or to 20 be received, pledged to pay or secure the payment of such notes or bonds 21 shall at all times be free from taxation except for estate or gift taxes 22 and taxes on transfers. 23 § 2799-kkkkk. Repayment of state appropriations. All appropriations 24 made by the state to the authority shall be treated as advances by the 25 state to the authority, and shall be repaid to it without interest 26 either out of the proceeds of bonds issued by the authority pursuant to 27 the provisions of this title, or by the delivery of non-interest bearing 28 bonds of the authority to the state for all or any part of such 29 advances, or out of excess revenues of the authority, at such times and 30 on such conditions as the state and the authority may mutually agree 31 upon. 32 § 2799-lllll. Equal employment opportunity and minority and women- 33 owned business enterprise programs. 1. All contracts entered into by 34 the authority pursuant to this title of whatever nature and all docu- 35 ments soliciting bids or proposals therefor shall contain or make refer- 36 ence to the following provisions: 37 (a) The contractor shall not discriminate against employees or appli- 38 cants for employment because of race, creed, color, national origin, 39 sex, age, disability, marital status, sexual orientation, gender identi- 40 ty or expression, familial status, predisposing genetic characteristics, 41 military status, or status as a victim of domestic violence and shall 42 undertake or continue existing programs of affirmative action to ensure 43 that minority group persons and women are afforded equal opportunity 44 without discrimination. Such programs shall include, but not be limited 45 to, recruitment, employment, job assignment, promotion, upgrading, 46 demotion, transfer, layoff, termination, rates of pay or other forms of 47 compensation, and selection for training and retraining, including 48 apprenticeship and on-the-job training; 49 (b) At the request of the authority, the contractor shall request each 50 employment agency, labor union, or authorized representative of workers 51 with which it has a collective bargaining or other agreement or under- 52 standing and which is involved in the performance of the contract with 53 the authority to furnish a written statement that such employment agen- 54 cy, labor union or representative shall not discriminate because of 55 race, creed, color, national origin, sex, age, disability, marital 56 status, sexual orientation, gender identity or expression, familialS. 4264--A 56 1 status, predisposing genetic characteristics, military status, or status 2 as a victim of domestic violence and that such union or representative 3 shall cooperate in the implementation of the contractor's obligations 4 under this paragraph; 5 (c) The contractor shall state, in all solicitations or advertisements 6 for employees placed by or on behalf of the contractor in the perform- 7 ance of the contract with the authority that all qualified applicants 8 shall be afforded equal employment opportunity without discrimination 9 because of race, creed, color, national origin, sex, age, disability or 10 marital status; and 11 (d) The contractor shall include the provisions of paragraphs (a) 12 through (c) of this subdivision in every subcontract or purchase order 13 in such a manner that such provisions shall be binding upon each such 14 subcontractor. 15 2. The authority shall establish measures, procedures and guidelines 16 to ensure that contractors and subcontractors undertake meaningful 17 programs to employ and promote qualified minority group members and 18 women. Such procedures may require after notice in a bid solicitation, 19 the submission of a minority and women workforce utilization program 20 prior to the award of any contract, or at any time thereafter, and may 21 require the submission of compliance reports relating to the operation 22 and implementation of any workforce utilization program adopted here- 23 under. The authority may take appropriate action, including the imposi- 24 tions of sanctions for non-compliance to effectuate the provisions of 25 this section and shall be responsible for monitoring compliance with 26 this title. 27 3. In the performance of projects pursuant to this title, minority and 28 women-owned business enterprises shall be given the opportunity for 29 meaningful participation. The authority shall establish quantifiable 30 standards and measures and procedures to secure meaningful participation 31 and identify those contracts and items of work for which minority and 32 women-owned business enterprises may best bid to actively and affirma- 33 tively promote and assist their participation in projects, so as to 34 facilitate the award of a fair share of contracts to such enterprises; 35 provided, however, that nothing in this title shall be construed to 36 limit the ability of the authority to assure that qualified minority and 37 women-owned business enterprises may participate in the program. For the 38 purposes of this section, "minority business enterprise" shall mean any 39 business enterprise which is at least fifty-one per centum owned by, or 40 in the case of a publicly owned business, at least fifty-one per centum 41 of the stock or other voting interest is owned by citizens or permanent 42 resident aliens who are black, hispanic, asian, american indian, pacific 43 islander, or alaskan native, and such ownership interest is real, 44 substantial and continuing and has the authority to independently 45 control the day to day business decisions of the entity for at least one 46 year; and "women-owned business enterprise" shall mean any business 47 enterprise which is at least fifty-one per centum owned by, or in the 48 case of a publicly owned business, at least fifty-one per centum of the 49 stock to other voting interests of which is owned by citizens or perma- 50 nent resident aliens who are women, and such ownership interest is real, 51 substantial and continuing and has the authority to independently 52 control the day to day business decisions of the entity for at least one 53 year. The provisions of this subdivision shall not be construed to 54 limit the ability of any minority business enterprise to bid on any 55 contract.S. 4264--A 57 1 4. In order to implement the requirements and objectives of this 2 section, the authority shall establish procedures to monitor contrac- 3 tors' compliance with provisions of this section, provide assistance in 4 obtaining competing qualified minority and women-owned business enter- 5 prises to perform contracts proposed to be awarded, impose contractual 6 sanctions for non-compliance, and take other appropriate measures to 7 improve the access of contracts for minority and women-owned businesses. 8 § 2799-mmmmm. Prevailing wage. Whenever the authority enters into any 9 contract, subcontract, lease, grant, bond, covenant or other agreement 10 for or in connection with any construction, demolition, reconstruction, 11 excavation, rehabilitation, repair, renovation, alteration, or improve- 12 ment project, such project shall be deemed to be a public works project 13 for the purposes of article eight of the labor law, and all of the 14 provisions of article eight of the labor law shall be applicable to all 15 the work involved in the construction, demolition, reconstruction, exca- 16 vation, rehabilitation, repair, renovation, alteration or improvement of 17 such project. Funds, financial assistance, or any other benefits 18 provided pursuant to this article shall not be utilized for or in 19 connection with the construction, demolition, reconstruction, exca- 20 vation, rehabilitation, repair, renovation, alteration, or improvement 21 of any project to which the provisions of article eight of the labor law 22 are not applicable. 23 § 2799-nnnnn. Audits and annual reports. 1. The accounts of the 24 authority shall be subject to the supervision of the state comptroller 25 and an annual audit shall be performed by an independent certified 26 accountant selected by the authority, upon recommendation of its finance 27 committee, audit committee and the advisory board. The authority shall 28 submit a report of such audit annually to the governor, the state comp- 29 troller, the temporary president of the senate, the speaker of the 30 assembly. A detailed report pursuant to the provisions of section twen- 31 ty-eight hundred of this chapter shall be verified by the chairman of 32 the authority. The authority shall comply with the provisions of 33 sections twenty-eight hundred one, twenty-eight hundred two, twenty- 34 eight hundred three, and twenty-eight hundred four of this chapter. 35 2. The authority shall appoint an independent ombudsman, upon recom- 36 mendation of its finance committee, audit committee and advisory board, 37 to each office of the authority for the purposes of oversight. 38 § 2799-ooooo. Transparency. 1. The authority and all subsidiaries of 39 the authority shall be subject to the provisions of article seven of the 40 public officers law. 41 2. The authority and all subsidiaries of the authority shall fully 42 comply with all applicable open data requirements. 43 (a) For purposes of compliance and transparency, the authority shall 44 appoint a chief data officer who shall create a regular public schedule 45 of release of data. 46 (b) The open data reporting shall include but not be limited to a list 47 of all grantees and amounts of grants during each reporting period, and 48 any criteria used for the selection of grantees/fund recipients. 49 3. The authority and all subsidiaries of the authority shall proac- 50 tively disclose all freedom of information law requests made to the 51 authority, and publish on the authority's website any public records 52 which were released under such law. 53 4. The authority and all subsidiaries of the authority shall annually 54 post a table of organization on its website that lists, at least: 55 (a) All current board members; 56 (b) Advisory board members;S. 4264--A 58 1 (c) Executive staff members; 2 (d) An accurate organizational chart; and 3 (e) Accurate contact information for all staff. 4 5. The authority and all subsidiaries of the authority shall at least 5 annually report on their website, and to the comptroller and legislature 6 a list of all grantees, fund recipients, and contracts. Where deemed 7 appropriate, all reports generated by the authority whether under this 8 section or otherwise shall provide a list of all grantees and amounts of 9 grants during each reporting period, and any criteria used for the 10 selection of grantees and fund recipients. 11 § 2799-ppppp. Corporate existence. The authority and its corporate 12 existence shall continue until terminated by law, provided, however, 13 that no such law shall take effect so long as the authority shall have 14 bonds, notes or other obligations outstanding, unless adequate provision 15 has been made for the payment thereof, or at which point the state of 16 New York has reduced greenhouse gas emissions by eighty-five percent, 17 and achieved a one hundred percent carbon free electricity procurement, 18 and achieved seventy percent of energy acquired by renewable energy, and 19 installed nine thousand megawatts of offshore wind energy, and installed 20 three thousand megawatts of energy storage, and installed six thousand 21 megawatts of solar energy, and achieved twenty-two million tons of 22 carbon reduction through energy efficiency and electrification measures. 23 Upon such occurrence authority shall cease to exist. 24 § 2799-qqqqq. Conflicts of interest. 1. If any member, officer or 25 employee of the authority shall have an interest, either direct or indi- 26 rect, in any contract to which the authority is, or is to be, a party, 27 such interest shall be disclosed to the authority in writing and shall 28 be set forth in the minutes of the authority. The member, officer or 29 employee having such interest shall not participate in any action by the 30 authority with respect to such contract. 31 2. No member, officer or employee shall be deemed to have such an 32 interest solely by reason of the ownership of two percent or less of the 33 securities of a corporation which is, or is to be, a party to a contract 34 with the authority, including without limitation the holding company of 35 any banking institution in which the funds of the authority are, or are 36 to be, deposited or which is, or is to be, acting as trustee or paying 37 agent under any bond or note resolution, trust indenture or similar 38 instrument to which the authority is a party. 39 3. Nothing in this section shall be deemed or construed to limit the 40 right of any board member, officer or employee of the authority to 41 acquire an interest in bonds or notes of the authority. 42 § 2799-rrrrr. Exculpation. 1. The trustees and officers of the author- 43 ity, while acting within the scope of their authority as trustees or 44 officers, shall not be subject to any personal or civil liability 45 resulting from the exercise, carrying out or advocacy of any of the 46 authority's purposes or powers, unless the conduct of the trustees or 47 officers is finally determined by a court of competent jurisdiction to 48 constitute intentional wrongdoing. 49 2. The provisions of section seventeen of the public officers law 50 shall apply to trustees and officers of the authority, in connection 51 with any and all claims, demands, suits, actions or proceedings which 52 may be made or brought against any of them arising out of any determi- 53 nations made or actions taken or omitted to be taken in compliance with 54 any obligations under or pursuant to the terms of this title. 55 3. Notwithstanding any other provisions of law to the contrary, the 56 provisions of section eighteen of the public officers law shall apply toS. 4264--A 59 1 the employees of the authority, in connection with any and all claims, 2 demands, suits, actions or proceedings which may be brought against any 3 of them arising out of any determinations made or actions taken or omit- 4 ted to be taken in compliance with any obligations under or pursuant to 5 the terms of this title. Whenever the provisions of section seventeen of 6 the public officers law do not apply to the board trustees and officers 7 of the authority, the provisions of section eighteen of the public offi- 8 cers law shall apply to such board trustees and officers. 9 4. Any costs incurred by the state in accordance with subdivision two 10 of this section shall be treated as advances by the state to the author- 11 ity, and shall be repaid to it without interest either out of the 12 proceeds of bonds issued by the authority pursuant to the provisions of 13 this title, or by the delivery of non-interest bearing bonds of the 14 authority to the state for all or any part of such advances, or out of 15 excess revenues of the authority, at such times and on such conditions 16 as the state and the authority mutually may agree upon. Any agreement 17 entered into by the state and the authority for the repayment of any 18 costs incurred pursuant to subdivision two of this section, shall be 19 subject to the approval of the public authorities control board. 20 5. As used in this section, the terms "trustee", "officer" and 21 "employee" shall include a former trustee, officer or employee and his 22 or her estate or judicially appointed personal representative. 23 § 2799-sssss. Liberal interpretation. This title, being necessary for 24 the prosperity of the state and its inhabitants, shall be liberally 25 construed to affect the purposes of such title. 26 § 2799-ttttt. Severability. The provisions of this title shall be 27 severable, and if any part or provision of this title, or the applica- 28 tion thereof to any person or circumstance, shall be adjudged by any 29 court of competent jurisdiction to be invalid or unenforceable, such 30 judgment shall not affect, impair or invalidate the remainder of this 31 title or the application of such provision to any other person or 32 circumstance, but shall be confined in its operation to the provision, 33 person or circumstance directly involved in the controversy in which 34 such judgment shall have been rendered. 35 § 2799-uuuuu. Inconsistent provisions of other laws superseded. Inso- 36 far as the provisions of this title are inconsistent with the provisions 37 of any other law or any part thereof, the provisions of this title shall 38 be controlling. 39 § 2799-vvvvv. Title not affected if in part unconstitutional. If any 40 section, clause or provision of this title shall be unconstitutional or 41 be ineffective in whole or in part, to the extent that it is not uncon- 42 stitutional or ineffective, it shall be valid and effective and no other 43 section, clause or provision shall on account thereof be deemed invalid 44 or ineffective. 45 § 2799-wwwww. Climate manufacturing career policy. 1. Application. The 46 authority shall develop a "climate manufacturing careers policy" for all 47 projects exceeding five million dollars. 48 2. The climate manufacturing careers policy shall require that all 49 eligible lead applicants, eligible sub-applicants and labor organiza- 50 tions participating in the program and applying for grants or loans 51 administered by the authority have the option to submit proposals that 52 utilize the U.S. employment plan, as defined by article eight-B of the 53 labor law, or shall use the local employment plan best-value scoring 54 criteria as outlined in article eight-B of the labor law to: (a) create 55 high-quality jobs and training programs for United States and New York 56 state residents; (b) invest in new or existing manufacturing facilities;S. 4264--A 60 1 and (c) generate employment opportunities for disadvantaged workers and 2 disadvantaged communities as determined by the authority. 3 3. Procedure. The climate manufacturing careers policy shall include a 4 procedure under which the authority's procurement office shall adminis- 5 ter the review of the proposers' bid for the U.S. employment plan and/or 6 local employment plan, as defined by article eight-B of the labor law, 7 worksheet commitments and narrative. The procurement office shall score 8 such commitments to determine awarding of the funds, grants or loans. 9 The procurement office shall also review subsequent quarterly and annual 10 reports submitted by the eligible lead applicants, eligible sub-appli- 11 cants and labor organizations to show fulfillment of the commitments 12 made in such U.S. employment plan and/or local employment plan work- 13 sheets and narrative. 14 4. Proposers shall include subcontractor and supplier participation to 15 increase the U.S. jobs impact of the project. The climate manufacturing 16 careers policy shall detail a system for awarding U.S. employment plan 17 and/or local employment plan, as defined by article eight-B of the labor 18 law, commitment credit to proposers. Proposers shall receive such U.S. 19 employment plan commitment credit for subcontractors/suppliers with 20 facilities in the United States. 21 5. The climate manufacturing careers policy shall include transparen- 22 cy, compliance, and enforcement procedures that, at a minimum, meet the 23 requirements of article eight-B of the labor law. The authority will 24 maintain a web page for each agreement that includes final contracts and 25 U.S. employment plan and/or local employment plan, as defined by article 26 eight-B of the labor law, compliance submissions. 27 § 2799-xxxxx. Additional responsible contracting standards. 1. In 28 order to ensure the best quality work and value for New York state and 29 its constituent communities, to the degree allowed by law a party which 30 receives assistance from the state for the increase of energy efficien- 31 cy, electrification upgrades, the development of renewable energies, 32 climate change resiliency, or other investments by the authority over 33 one million dollars or receiving more than de minimis support where the 34 overall project investment is over five million dollars shall take the 35 necessary contractual actions to ensure that a project labor agreement 36 or community benefits agreement is executed between the entity responsi- 37 ble for the assisted project and an appropriate third party. 38 2. Recommendations and minimum standards for qualifying agreements 39 related to non-construction work shall be published by the authority 40 annually, and no community benefits agreement under this section shall 41 meet the requirements of this section without meeting such standards. 42 3. Penalties and sanctions. The failure of a party receiving assist- 43 ance under this title to ensure compliance with the requirements of 44 subdivision four of this section shall constitute a material breach of 45 the agreement under which assistance is provided and shall permit the 46 state to impose applicable penalties and sanctions for conduct consti- 47 tuting non-compliance, including but not limited to revocation of all or 48 part of the assistance provided by the state. 49 4. Responsible contractor requirements. The party which receives 50 assistance from the state for a renewable energy project, energy effi- 51 ciency project, other construction project shall take the necessary 52 contractual actions to ensure each contractor and subcontractor involved 53 in the operation construction of the assisted project completes a sworn 54 certification that the firm:S. 4264--A 61 1 (a) has the necessary resources to perform the portion of the assisted 2 project to which they are assigned, including the necessary technical, 3 financial, and personnel resources; 4 (b) has all required licenses, certifications or certificates required 5 of any business entity or individual by applicable state or local law; 6 (c) that in the past three years, the firm: 7 (i) has not been debarred by any government agency; 8 (ii) has not defaulted on any project; 9 (iii) has not had any license, certification or other credential 10 relating to the business revoked or suspended; and 11 (iv) has not been found in violation of any law applicable to its 12 business that resulted in the payment of a fine, back pay damages, or 13 any other type of penalty in the amount of ten thousand dollars or more; 14 shall pay craft personnel employed on the project, at a minimum, the 15 applicable wage and fringe benefit rates for the classification in which 16 the worker is employed in accordance with applicable required rates for 17 the project; and 18 (c) the firm shall not misclassify employees as independent contrac- 19 tors. 20 § 9. The tax law is amended by adding two new articles 42 and 43 to 21 read as follows: 22 ARTICLE 42 23 CLIMATE POLLUTION FEE 24 Section 3039. Definitions. 25 3040. Imposition of carbon pollution fee. 26 3041. Amount of fee. 27 3042. Applicable entities. 28 3043. Calculation of emissions factors. 29 3044. Exemptions and deductions. 30 3045. Emissions leakage mitigation policy. 31 3046. Creation of funds within the authority. 32 3047. Reporting. 33 § 3039. Definitions. For the purposes of this article, the following 34 terms shall have the following meanings: 35 1. "Authority" shall mean the climate and community investment author- 36 ity. 37 2. "Border carbon adjustment fee" means a fee imposed to address emis- 38 sions leakage that adjusts the price of a good, at the point of the 39 importation into the state of goods that require emissions of greenhouse 40 gases for their production or operation, or export from the state, to 41 reflect the known or estimated greenhouse gas emissions quantities asso- 42 ciated with the production of such good. 43 3. "Carbon-based fuel" means coal, a petroleum product, natural gas, 44 methane, municipal solid waste (or any other feedstocks used for waste- 45 to-energy conversions), or biomass that may be a source of greenhouse 46 gas emissions through combustion and fugitive emissions. 47 4. "Carbon dioxide equivalent" and "CO2e" mean the amount of carbon 48 dioxide by mass that would produce the same global warming impact as a 49 given mass of another greenhouse gas over an integrated twenty-year 50 timeframe after emission, based on the best available science. 51 5. "Regulated air contaminant" shall have the same meaning as in 52 subdivision twenty-two of section 19-0107 of the environmental conserva- 53 tion law. 54 6. "Commissioner" means the commissioner of taxation and finance. 55 7. "Disadvantaged communities" shall have the same meaning as in 56 section 75-0111 of the environmental conservation law.S. 4264--A 62 1 8. "Downstate region" means the counties of Richmond, Kings, Queens, 2 New York, Bronx, Westchester, Nassau and Suffolk. 3 9. "Emissions leakage" means an increase in emissions outside of the 4 state, as a result of, or in correlation with, the implementation of 5 measures within the state to limit such emissions. 6 10. "Fugitive emissions" means those emissions of a greenhouse gas 7 that are released during extraction, transportation of fuel, during 8 processing, and due to leaks during industrial processes or at solid 9 waste and wastewater management sites. 10 11. "Greenhouse gas" shall have the same meaning as in subdivision 11 eight of section 19-1301 of the environmental conservation law. 12 12. "Greenhouse gas emission source" or "source" means any anthropo- 13 genic source or category of anthropogenic sources of greenhouse gas 14 emissions. 15 13. "Industrial processes" means those processes that include fossil 16 fuel extraction, the operation of fuel processing plants, pipeline oper- 17 ations and other fuel transport, the operation of fuel refineries, and 18 other processes involved in the extraction, refinement or transport of 19 carbon-based fuels. 20 14. "Life cycle analysis" means a method for calculating greenhouse 21 gas emissions that encompasses emissions that are released or seques- 22 tered during all phases of a fuel or other product's life, including 23 those emissions released during extraction, processing, transport, 24 distribution, combustion (or some other form of consumption), and 25 disposal. Such term shall include CO2e that is sequestered during 26 biological processes, pertaining to biomass fuel. 27 15. "Petroleum product" means all petroleum derivatives, whether in 28 bond or not, which are commonly burned to produce heat, electricity, or 29 motion, or which are commonly processed to produce synthetic gas for 30 burning, including without limitation, propane, gasoline, unleaded gaso- 31 line, kerosene, heating oil, diesel fuel, kerosene based jet fuel, and 32 number 4, number 5 and residual oil for utility and non-utility uses, 33 but not including, petroleum feedstocks to plastics production or other 34 manufacturing. 35 16. "Upstate region" means all New York counties other than Nassau, 36 Suffolk, Richmond, Kings, Queens, New York, Bronx and Westchester. 37 17. "Working group" means the climate justice working group created 38 pursuant to section 75-0111 of the environmental conservation law. 39 § 3040. Imposition of carbon pollution fee. There is hereby imposed 40 upon any applicable entity, as specified under section three thousand 41 forty-two of this article, a fee in an amount determined under section 42 three thousand forty-one of this article, on: 43 1. any carbon-based fuel sold, used, or brought into the state by an 44 applicable entity as defined in section three thousand forty-two of this 45 article; and 46 2. any fugitive emissions of methane emitted in the state by an appli- 47 cable entity. 48 § 3041. Amount of fee. 1. The amount of the fee imposed by section 49 three thousand forty of this article, per short ton of carbon dioxide 50 equivalent content that would be emitted through the combustion of such 51 product, as determined by the president of the climate and communities 52 investment authority, in consultation with the commissioner of environ- 53 mental conservation, pursuant to this article, shall be equal to the 54 following: 55 (a) during calendar year two thousand twenty-two, fifty-five dollars;S. 4264--A 63 1 (b) during calendar years two thousand through two thousand twenty- 2 five, an amount equal to the sum of: 3 (i) the amount in effect under this subdivision for the preceding 4 calendar year, and 5 (ii) a five percent increase to the amount assessed in the previous 6 year; 7 (c) during calendar years two thousand twenty-six through two thousand 8 thirty-one, an amount equal to the sum of: 9 (i) the fee assessed under this subdivision for the preceding calendar 10 year, and: 11 (A) two percent of the previous year's fee if the most recent five- 12 year environmental integrity metric, described under paragraph (a) of 13 subdivision two of this section, is less than minus five percent; 14 (B) five 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 minus five 17 percent and less than five percent; 18 (C) seven percent of the previous year's fee if the most recent five- 19 year environmental integrity metric, described under paragraph (a) of 20 subdivision two of this section, is greater than or equal to five 21 percent and less than ten percent; or 22 (D) ten percent of the previous year's fee if the most recent five- 23 year environmental integrity metric, described under paragraph (a) of 24 subdivision two of this section, is greater than or equal to ten 25 percent; and 26 (ii) the authority shall also assess a cost-of-living, or inflation, 27 adjustment using the United States Bureau of Labor Statistics Consumer 28 Price Index or, if that index is not available, another index adopted by 29 the commissioner; 30 (d) during calendar years two thousand thirty-two through two thousand 31 fifty-one, an amount equal to the sum of: 32 (i) the fee assessed under this subdivision for the preceding calendar 33 year, and: 34 (A) two percent of the previous year's fee if the most recent five- 35 year environmental integrity metric, described under paragraph (a) of 36 subdivision two of this section, is less than minus five percent, and 37 the most recent cumulative environmental integrity metric, described 38 under paragraph (b) of subdivision two of this section, is less than 39 minus one percent; 40 (B) five percent of the previous year's fee if: 41 I. the most recent five-year environmental integrity metric, described 42 under paragraph (a) of subdivision two of this section, is greater than 43 or equal to minus five percent and less than five percent, and the most 44 recent cumulative environmental integrity metric, described under para- 45 graph (b) of subdivision two of this section, is less than two percent; 46 or 47 II. the most recent five-year environmental integrity metric, 48 described under paragraph (a) of subdivision two of this section, is 49 less than five percent, and the most recent cumulative environmental 50 integrity metric, described under paragraph (b) of subdivision two of 51 this section, is greater than or equal to minus one percent and less 52 than two percent; 53 (C) seven percent of the previous year's fee if: 54 I. the most recent five-year environmental integrity metric, described 55 under paragraph (a) of subdivision two of this section, is greater than 56 or equal to five percent and less than ten percent, and if the mostS. 4264--A 64 1 recent cumulative environmental integrity metric, described under para- 2 graph (b) of subdivision two of this section, is less than three 3 percent; or 4 II. the most recent five-year environmental integrity metric, 5 described under paragraph (a) of subdivision two of this section, is 6 less than ten percent, and the most recent cumulative environmental 7 integrity metric, described under paragraph (b) of subdivision two of 8 this section, is greater than or equal to two percent and less than 9 three percent; or 10 (D) ten percent of the previous year's fee if: 11 I. the most recent five-year environmental integrity metric, described 12 under paragraph (a) of subdivision two of this section, is greater than 13 or equal to ten percent; or 14 II. the most recent cumulative environmental integrity metric, 15 described under paragraph (b) of subdivision two of this section, is 16 greater than or equal to three percent; and 17 (ii) the authority shall also assess a cost-of-living, or inflation, 18 adjustment using the United States Bureau of Labor Statistics Consumer 19 Price Index or, if that index is not available, another index adopted by 20 the commissioner. 21 2. In two thousand twenty-four, and every year thereafter, the commis- 22 sioner shall, in consultation with the department of environmental 23 conservation: 24 (a) calculate the five-year environmental integrity metric, which 25 shall equal a fraction, expressed as a percentage: 26 (i) the numerator of which is: 27 (A) the sum of the quantity of actual statewide greenhouse gas emis- 28 sions, measured in short tons CO2e, in each of the preceding five years, 29 minus 30 (B) the sum of the quantity of target statewide greenhouse gas emis- 31 sions, measured in short tons CO2e, in each of the preceding five years, 32 pursuant to subdivision four of this section; and 33 (ii) the denominator of which is the sum of the quantity of target 34 statewide greenhouse gas emissions, measured in short tons CO2e, in each 35 of the preceding five years, pursuant to subdivision four of this 36 section; and 37 (b) calculate the cumulative environmental integrity metric, which 38 shall equal a fraction, expressed as a percentage: 39 (i) the numerator of which is: 40 (A) the sum of the quantity of actual statewide greenhouse gas emis- 41 sions, measured in short tons CO2e, in each of the preceding years that 42 are after two thousand eighteen, minus 43 (B) the sum of the quantity of target statewide greenhouse gas emis- 44 sions, measured in short tons CO2e, in each of the preceding years that 45 are after two thousand eighteen, pursuant to subdivision four of this 46 section; and 47 (ii) the denominator of which is the sum of the quantity of target 48 statewide greenhouse gas emissions, measured in short tons CO2e, in each 49 of the preceding years that are after two thousand eighteen, pursuant to 50 subdivision four of this section; and 51 (c) publish the amounts calculated in paragraphs (a) and (b) of this 52 subdivision not later than July first in that year. 53 3. The authority shall calculate and publish the amount of the fee in 54 current dollars for each year, no later than July first in that year. 55 4. For the purposes of calculating the five-year environmental integ- 56 rity metric and the cumulative environmental integrity metric underS. 4264--A 65 1 subdivision two of this section, the authority shall refer to the 2 following statewide greenhouse gas emissions targets: 3 (a) for the year two thousand twenty-one, eighty-five percent of two 4 thousand eighteen emissions; 5 (b) for each year after two thousand twenty-one and before two thou- 6 sand twenty-seven, less than in the preceding year by four percent of 7 the two thousand eighteen emissions; and 8 (c) for each year after two thousand twenty-six and before two thou- 9 sand forty-two, less than in the preceding year by three percent of two 10 thousand eighteen emissions; and 11 (d) for each year after two thousand forty-one, less than in the 12 preceding year by two percent of two thousand eighteen emissions. 13 § 3042. Applicable entities. For the purposes of this article, the 14 term "applicable entity" means: 15 1. for the purposes of any coal sold, used, or entered into the state: 16 (a) the vendor of such coal at the first point of sale, in cases where 17 the sale of coal occurs in the state; and 18 (b) the purchaser of such coal, in cases where the sale of coal occurs 19 outside of the state; 20 2. for the purposes of any petroleum product sold, used, or entered 21 into the state: 22 (a) the vendor, including a petroleum business as defined by section 23 three hundred of this chapter, of such petroleum product at the first 24 point of sale, in cases where the sale of the petroleum product occurs 25 in the state; and 26 (b) the purchaser of such petroleum product, in cases where the sale 27 of the petroleum product occurs outside of the state; 28 3. for the purposes of any natural gas sold, used, or entered into the 29 state: 30 (a) the vendor (including a natural gas distribution company or whole- 31 sale natural gas vendors) of such natural gas at the first point of 32 sale, in cases where the sale of natural gas occurs in the state; and 33 (b) the purchaser of such natural gas, in cases where the sale of the 34 natural gas occurs outside of the state; 35 4. for the purposes of any electricity sold, used, or entered into the 36 state: 37 (a) the vendor (including a local electricity distribution company, a 38 wholesale electricity vendor and all competitive suppliers of electric- 39 ity to end users) of such electricity at the first point of sale, in 40 cases where the sale of electricity occurs in the state; and 41 (b) the purchaser of such electricity, in cases where the sale of the 42 electricity occurs outside of the state; 43 5. for the purposes of any municipal solid waste (or any other feeds- 44 tocks used for waste-to-energy conversions) sold, used, or entered into 45 the state: 46 (a) the vendor of such municipal solid waste (or any other feedstocks 47 used for waste-to-energy conversions) at the first point of sale, in 48 cases where the sale of municipal solid waste (or any other feedstocks 49 used for waste-to-energy conversions) occurs in the state; and 50 (b) the purchaser of such municipal solid waste (or any other feeds- 51 tocks used for waste-to-energy conversions), in cases where the sale of 52 the municipal solid waste (or any other feedstocks used for waste-to-en- 53 ergy conversions) occurs outside of the state; 54 6. for the purposes of any biomass sold, used, or entered into the 55 state,S. 4264--A 66 1 (a) the vendor of such biomass at the first point of sale, in cases 2 where the sale of biomass occurs in the state; and 3 (b) the purchaser of such biomass, in cases where the sale of the 4 biomass occurs outside of the state; and 5 7. for the purposes of any fugitive emissions of methane released in 6 the state, the owner of the property that is the source of such fugitive 7 emissions, including stationary sources and mobile sources, and includ- 8 ing pipeline operators, fuel distributors, transportation companies and 9 other entities. 10 § 3043. Calculation of emissions factors. 1. Not later than one year 11 after the effective date of this article, the commissioner of environ- 12 mental conservation, in collaboration with the authority, shall, for 13 each carbon-based fuel identified in this article and for various sourc- 14 es of electricity consumed in the state, calculate greenhouse gas emis- 15 sions factors, in carbon dioxide equivalent. 16 2. Emissions factors associated with combustion or other consumption 17 of the carbon-based fuels identified in this article shall be calculated 18 according to life-cycle analysis methods, which at a minimum shall 19 incorporate: 20 (a) any greenhouse gases released at the point of combustion or other 21 consumption; and 22 (b) up-steam fugitive emissions of methane released during the 23 extraction, processing, refining, transport, or distribution of natural 24 gas products and petroleum products before the point of consumption in 25 New York. 26 3. The commissioner of environmental conservation, in collaboration 27 with the authority, shall calculate, for various sources of electricity 28 consumed in the state, greenhouse gas emissions factors, in carbon diox- 29 ide equivalent per kilowatt-hour, associated with the combustion of each 30 carbon-based fuel identified in this article for the purposes of gener- 31 ating electricity. This calculation should take into account the best 32 available information and science regarding power plant heat rates and 33 other operational parameters that may determine efficiency in the 34 conversion of thermal energy to electrical energy. The C02e of each 35 kilowatt-hour of electricity delivered in the state shall be determined 36 by taking the weighted average of the coal, petroleum product, natural 37 gas, municipal solid waste (or any other feedstocks used for waste-to- 38 energy conservations), or biomass portions of the fuel mix and multiply- 39 ing each of those portions separately by the amount of carbon dioxide 40 equivalent emissions created per kilowatt-hour of electricity produced 41 by each such fuel. The calculation of emissions factors under this 42 subdivision shall take into account all electricity consumed in the 43 state, which shall include any electricity produced within the state and 44 outside of the state. 45 § 3044. Exemptions and deductions. 1. The owner of any electric 46 generating facility that is covered by the CO2 budget trading program (6 47 NYCRR part 242) established by the department of environmental conserva- 48 tion shall be entitled to deduct from the fee imposed by this article an 49 amount equal to the amount it paid to purchase CO2 emission allowance to 50 comply with the CO2 budget trading program; provided, however, that the 51 amount so deducted may be no greater than the total amount of the fee as 52 calculated in this article. 53 2. Any applicable entity subject to a fee under this article, shall be 54 entitled to deduct from the fee imposed by this article an amount equal 55 to the amount it paid for the same year on account of a federal law or 56 regulation that imposes a direct price (including through cap-and-trade,S. 4264--A 67 1 or a carbon tax or carbon fee mechanisms) on the same greenhouse gas 2 emissions from carbon-based fuels; provided, however, that the amount so 3 deducted may be no greater than the total amount of the fee as calcu- 4 lated in this article. 5 3. The authority, in partnership with the commissioner of environ- 6 mental conservation, may exempt certain sources of greenhouse gas emis- 7 sions found to produce de minimis quantities of such emissions. In order 8 to exempt sources of greenhouse gas emissions under this subdivision, 9 the authority, in partnership with the commissioner of environmental 10 conservation, shall first promulgate a rule, or rules, outlining the 11 specific requirements for being classified as a de minimis source, 12 including, at a minimum, identifying the quantities of greenhouse gases 13 that would make a source a de minimis source. In promulgating such rule, 14 or rules, the authority shall provide meaningful opportunities for 15 public comment, including from persons living in disadvantaged communi- 16 ties. 17 § 3045. Emissions leakage mitigation policy. 1. Not later than one 18 year after the effective date of this article, the authority, in part- 19 nership with the commissioners of environmental conservation and labor, 20 shall prepare and approve a scoping plan outlining recommendations for 21 policy measures to reduce emissions leakage associated with the imple- 22 mentation of this article. 23 (a) The draft scoping plan shall be developed in consultation with the 24 working group and other stakeholders. 25 (b) The authority shall provide meaningful opportunities for public 26 comment from all persons who will be impacted by the plan, including 27 persons working in energy intensive and trade exposed industries and 28 persons living in disadvantaged communities. 29 (c) The measures and actions considered in such scoping plan shall at 30 a minimum include: 31 (i) imposing a border carbon adjustment fee; 32 (ii) the implementation of a border carbon adjustment for vulnerable 33 industries and companies; 34 (iii) the implementation of an output-based carbon pollution fee 35 rebate program for vulnerable industries and companies; 36 (iv) quantitative methods for designating vulnerable industries or 37 companies, such as energy intensive and trade exposed industries; and 38 (v) policies for mitigating any impacts to consumers and workers 39 caused by the implementation of policies under this section, including 40 through the use of revenues from a possible border carbon adjustment fee 41 for reducing such impacts. 42 (d) Not later than one year after the effective date of this article, 43 the authority shall submit the final scoping plan to the governor, the 44 speaker of the assembly and the temporary president of the senate and 45 post such plan on its website. 46 2. Not later than two years after the effective date of this article, 47 the authority, after public workshops and consultation with the working 48 group, representatives of regulated entities, and other stakeholders, 49 shall, after no less than two public hearings, promulgate rules and 50 regulations to implement a policy to reduce emissions leakage associated 51 with the implementation of this article. 52 (a) The regulations promulgated may include: 53 (i) a border carbon adjustment fee for vulnerable trade exposed energy 54 intensive industries and companies to reduce emissions; 55 (ii) an output-based carbon pollution fee and rebate program for 56 vulnerable industries and companies;S. 4264--A 68 1 (iii) quantitative methods for designating vulnerable industries or 2 companies, such as energy intensive and trade exposed industries; and 3 (iv) policies for mitigating any impacts to consumers and workers 4 caused by the implementation of policies under this section, including 5 through the use of revenues from a possible border carbon adjustment fee 6 for reducing such impacts. 7 (b) In promulgating these regulations, the authority shall: 8 (i) design and implement all regulations in a manner that seeks to be 9 equitable, to minimize costs and to maximize the total benefits to New 10 York state; 11 (ii) ensure that activities undertaken to comply with the regulations 12 do not disproportionately burden disadvantaged communities; and 13 (iii) minimize emissions leakage. 14 3. Any funds collected pursuant to a policy arising from this section 15 shall be appropriated by the authority pursuant to the mandated 16 proportions in section three thousand forty-six of this article. 17 § 3046. Creation of funds within the authority. 1. (a) Within ninety 18 days following the effective date of this article, the commissioner, in 19 coordination with the comptroller, shall establish a fund within the 20 authority to be known as the "community just transition fund", consist- 21 ing of such amounts as may be appropriated or credited to such fund and 22 thirty-three percent of the total amount of fees received under section 23 three thousand forty of this article during such year. 24 (b) The community just transition fund shall be administered by the 25 authority for the purposes enumerated in this act. 26 2. (a) Within ninety days following the effective date of this arti- 27 cle, the commissioner, in coordination with the comptroller, shall 28 establish a fund within the authority to be known as the "climate jobs 29 and infrastructure fund", consisting of such amounts as may be appropri- 30 ated or credited to such fund and thirty percent of the total amount of 31 fees received under section three thousand forty of this article during 32 such year. 33 (b) The climate jobs and infrastructure fund shall be administered by 34 the authority for the purposes enumerated in this act. 35 3. (a) Within ninety days of the effective date of this article, the 36 commissioner, in coordination with the comptroller, shall establish a 37 fund within the authority to be known as the "low-income and small busi- 38 ness and household energy rebate fund", consisting of such amounts as 39 may be appropriated or credited to such fund and thirty percent of the 40 total amount of fees received under section three thousand forty of this 41 article during such year. 42 (b) The low-income and small business and household energy rebate fund 43 shall be administrated by the authority for the purposes enumerated in 44 this act. 45 4. (a) Within ninety days of the effective date of this article, the 46 commissioner, in coordination with the comptroller, shall establish a 47 fund within the authority to be known as the "worker and community 48 assurance fund", consisting of such amounts as may be appropriated or 49 credited to such fund as follows: 50 (i) in the first fiscal year in which any fees under this article are 51 collected, no less than five hundred million dollars shall be trans- 52 ferred to the worker and community assurance fund; and 53 (ii) seven percent of the total amount of fees received under section 54 three thousand forty during such year. 55 (b) The worker and community assurance trust shall be administered by 56 the authority for the purposes enumerated in this act.S. 4264--A 69 1 5. No proceeds received through the implementation of the fee estab- 2 lished under this article shall fund government operations of the state, 3 other than to pay for reasonable administrative costs associated with 4 implementing the climate and community investment act. 5 6. No proceeds received through the implementation of the fee estab- 6 lished under this article shall fund police, prisons or related infras- 7 tructure. 8 § 3047. Reporting. 1. No later than three years following the effec- 9 tive date of this article, and every two years thereafter, the authori- 10 ty, in partnership with the New York comptroller, the commissioner of 11 environmental conservation and the New York state energy research and 12 development authority, shall produce a report on the implementation of 13 this article. Such report shall include but not be limited to: 14 (a) the total annual revenues associated with the implementation of 15 this article; 16 (b) the effectiveness of the fee established under section three thou- 17 sand forty of this article to reduce greenhouse gas emissions statewide, 18 including an analysis of reductions by geographic subdivisions of the 19 state; 20 (c) the amount of estimated emissions leakage that may be occurring in 21 correlation with the implementation of the fee established under section 22 three thousand forty of this article, the effectiveness of any policies 23 that have been implemented to address emissions leakage, and recommenda- 24 tions for improving policies to mitigate emissions leakage; 25 (d) an overview of social benefits from the fees and other policies 26 established pursuant to this article, including benefits to the economy, 27 environment, and public health, including the health of women, youth and 28 children; 29 (e) an overview of the distribution of costs and benefits of the poli- 30 cies promulgated under this article, across different communities and 31 sectors of the state economy; 32 (f) an overview of compliance costs for regulated entities; 33 (g) an overview of administrative costs for the authority and other 34 state agencies; and 35 (h) recommendations for future regulatory and policy action, and, in 36 general, pertaining to measures for reducing greenhouse emissions in the 37 state. 38 2. Before finalizing the report described in subdivision one of this 39 section, the authority shall ensure that there are meaningful opportu- 40 nities for public participation, including by: 41 (a) allowing at least one hundred twenty days for the submission of 42 public comment, following the date of the publication of a draft report; 43 and 44 (b) holding at least four regional public hearings, including two 45 meetings in the upstate region and two meetings in the downstate region, 46 with emphasis on maximizing participation and accessibility for members 47 of disadvantaged communities. 48 3. The final report shall be submitted to the governor, the temporary 49 president of the senate, the speaker of the assembly, the minority lead- 50 er of the senate and the minority leader of the assembly, and shall be 51 posted on the website of the authority. 52 ARTICLE 43 53 HOUSEHOLD AND SMALL BUSINESS ENERGY REBATE 54 Section 3050. Definitions. 55 3051. Establishment of the household and small business energy 56 rebate program.S. 4264--A 70 1 3052. Administration by the authority. 2 3053. Allocation of funds. 3 3054. Qualifying households. 4 3055. Rebate amount and report. 5 3056. Delivery of funds. 6 3057. Reassessment of allocations. 7 3058. Small business tax credit. 8 3059. Public service commission investigation. 9 § 3050. Definitions. For the purposes of this article, the following 10 terms shall have the following meanings: 11 1. "Authority" shall mean the community and climate investment author- 12 ity. 13 2. "Commissioner" means the commissioner of taxation and finance. 14 3. "Department" means the department of taxation and finance. 15 4. "Eligible low-income household" means, with respect to a given 16 calendar year, any household in New York state whose gross income does 17 not exceed one hundred fifty percent of the poverty line, regardless of 18 citizenship or term of insurance. 19 5. "Eligible moderate-income household" means, with respect to a given 20 calendar year, any household in New York state whose gross income 21 exceeds one hundred fifty percent of the poverty line, but does not 22 exceed the median household income for the county in which they reside, 23 regardless of citizenship or term of insurance. 24 6. "Eligible small business" means a business, cooperative, or not- 25 for-profit corporation which is resident in this state, and employs 26 fifty or less persons (including a solo proprietorship), and with 27 respect to businesses, is independently owned and operated and not domi- 28 nant in its field. 29 7. "Fund" or "rebate fund" means the household and small business 30 energy rebate fund established under subdivision three of section three 31 thousand forty-six of this chapter. 32 8. "Poverty line" shall have the same meaning as in section 673(2) of 33 the federal community services block grant act (46 USC section 9902). 34 9. "Program" means the household and small business energy rebate 35 program established under this article. 36 10. "Working group" means the climate justice working group created 37 pursuant to section 75-0111 of the environmental conservation law. 38 § 3051. Establishment of the household and small business energy 39 rebate program. There is hereby established within the authority, the 40 "household and small business energy rebate program". The purposes of 41 the program include: 42 1. disbursement of funds from the household and small business energy 43 rebate fund; for the benefit of the most vulnerable populations, to 44 offset the increased cost of living associated with the implementation 45 of the climate pollution fee created pursuant to article forty-two of 46 this chapter and other regulatory measures established as part of the 47 state's climate mitigation efforts; and 48 2. reducing the already severe energy burden on low- and moderate-in- 49 come families. 50 § 3052. Administration by the authority. Within six months of the 51 effective date of this article, the authority is hereby authorized and 52 directed to establish and operate the program. The authority shall 53 implement the program in consultation with the office of temporary and 54 disability assistance and the departments of health and labor. The 55 authority shall be authorized and directed to: use monies made available 56 for the program pursuant to article forty-two of this chapter to achieveS. 4264--A 71 1 the purposes of the program; and exercise such other powers as are 2 necessary for the proper administration of such program, including issu- 3 ing rules and regulations consistent with this article. 4 § 3053. Allocation of funds. Funds from the household and small busi- 5 ness energy rebate fund shall be disbursed under the program to eligible 6 households and small businesses. The authority shall collect and then 7 distribute directly to eligible households the entire amount of funds 8 dedicated to the rebate fund. Eligible households shall be notified that 9 they are automatically being enrolled based on their tax filing status 10 or receipt of public benefits. The authority, in coordination with the 11 commissioner, the public service commission, the New York state office 12 of temporary and disability assistance, and the department, will make 13 determinations as to which households and small businesses are eligible 14 for the rebate and establish an appeals process within the authority as 15 to such determinations. The authority shall also establish an opportu- 16 nity for individual residents of the state who are not required to file 17 income taxes to apply for rebates under this article. 18 § 3054. Qualifying households. A rebate will be available to eligible 19 low-income households, moderate income households, and additional house- 20 holds, provided that rebates shall only be provided to such additional 21 households upon a determination by the authority that there are adequate 22 funds. Notwithstanding the preceding sentence, the rebate shall be 23 available to a maximum of sixty percent of the households in New York 24 state. Households shall qualify regardless of citizenship. The authori- 25 ty will cooperate with the department and the office of temporary and 26 disability assistance to identify households and place them in the 27 following four household categories: 28 1. eligible moderate-income households containing New York city resi- 29 dents; 30 2. eligible low-income households containing New York city residents 31 in which the household income is below one hundred fifty percent of the 32 poverty line or who are receiving any means-tested government assistance 33 aimed at low-income individuals or households; 34 3. eligible moderate-income households containing residents outside of 35 New York city; and 36 4. eligible low-income households containing residents outside of New 37 York city with a household income below one hundred fifty percent of the 38 poverty line or receiving any means-tested government assistance 39 programs aimed at low-income individuals or households. 40 § 3055. Rebate amount and report. 1. The authority, in consultation 41 with the working group, shall determine the appropriate amount of the 42 rebate, consistent with the standards set forth in this section. Each 43 eligible household will receive a share of the total allocated rebate 44 funds so that: 45 (a) all eligible households in New York city shall receive the same 46 amount, 47 (b) all eligible households outside of New York city shall receive the 48 same amount and that amount shall be at least fifty percent more than 49 the rebate amount applicable to New York city households, and 50 (c) the total amount provided for rebates must not exceed the annual 51 revenue in the rebate fund. 52 2. The authority shall annually assess and report to the legislature 53 and the governor at least the following information: the number of 54 households in each rebate category in section three thousand fifty-four 55 of this article; the number of households who select each delivery mech-S. 4264--A 72 1 anism set forth in section three thousand fifty-six of this article; and 2 how the number of households compare to: 3 (a) the incremental increase in the cost of living associated with the 4 implementation of the fee established pursuant to article forty-two of 5 this chapter and other regulatory measures established under article 6 forty-two of this chapter; 7 (b) other estimated increases in the cost of living associated with 8 the transition to a low-carbon economy; and 9 (c) existing energy burdens. 10 § 3056. Delivery of funds. 1. The authority, in partnership with the 11 working group, the department, the public service commission and the 12 office of temporary and disability assistance shall determine appropri- 13 ate mechanisms for delivering rebates under this article. These depart- 14 ments shall within the bounds of the law share necessary expertise and 15 data. That mechanism shall ensure that: 16 (a) Eligible moderate-income households in the first and third house- 17 hold categories set forth in section three thousand fifty-four of this 18 article shall receive a direct payment redeemable tax credit. 19 (b) Eligible low-income households in the second and fourth household 20 categories set forth in section three thousand fifty-four of this arti- 21 cle shall receive their rebate through mechanisms that will not consti- 22 tute income for purposes of any means-tested government assistance 23 programs that they may be receiving. Unless an eligible low-income 24 household opts out of such benefit under this section, the benefit shall 25 be: 26 (i) a transit voucher for use receiving services through the Metropol- 27 itan Transportation Authority, Access-a-Ride, or other public transit 28 service for households in the second household category under section 29 three thousand fifty-four of this article. 30 (ii) utility assistance or a weatherization grant for the fourth 31 household category under section three thousand fifty-four of this arti- 32 cle. 33 (iii) another form that complies with this subdivision. 34 2. All qualifying households may opt out of the default option for 35 delivery of the rebate, and can choose to receive their benefit amount 36 in the form of one of the following four options: (a) utility assist- 37 ance; (b) a weatherization grant; (c) a voucher for use with their local 38 transit authority; (d) a redeemable tax credit; or (e) a direct payment 39 if the authority offers such option. 40 3. The authority shall make reasonable efforts to deliver funds as 41 frequently as practical, and to distribute a portion of the rebate at 42 least quarterly. 43 § 3057. Reassessment of allocations. 1. Beginning in two thousand 44 twenty-one and every five years thereafter, the authority, in coordi- 45 nation with the department, the office of temporary and disability 46 assistance, the public service commission, the New York state energy 47 research and development authority and the department of environmental 48 conservation shall perform an assessment, which shall include, at a 49 minimum, the following information: (a) the state-wide energy burden for 50 small businesses, and households by geography and income; (b) whether 51 such energy burden has stayed level or decreased since the effective 52 date of this section; (c) the uptake of energy efficiency and renewable 53 energy in each income category; and (d) an estimated impact on energy 54 burden or another equivalent estimate of the proportion of household 55 income spent on energy. Based on such information and any additional 56 information that the department determines is appropriate, the depart-S. 4264--A 73 1 ment shall determine whether the present rebate amount is appropriate or 2 whether it is appropriate to reduce the rebate benefit amount. 3 2. Following any assessment under subdivision one of this section 4 where the impact of the fee established is found not to increase house- 5 hold spending, or where the energy burden has fallen, the rebate shall 6 be reduced by at least ten percent and the funds reallocated in equal 7 amounts to the community just transition fund established pursuant to 8 subdivision one of section three thousand forty-six of this chapter and 9 the climate jobs and infrastructure fund established pursuant to subdi- 10 vision two of such section. 11 § 3058. Small business tax credit. 1. Eligible small businesses shall 12 receive a redeemable tax credit to reduce any incremental increase in 13 the cost of doing business associated with the implementation of the fee 14 established pursuant to article forty-two of this chapter and other 15 regulatory measures established under the climate and community invest- 16 ment act or the transition to a low-carbon economy in New York state. 17 2. Any eligible small business that incurs energy or fuel costs in the 18 course of its business, shall be allowed a credit, to be computed as 19 provided in subdivision three of this section, against business income 20 for each year that the fee established pursuant to article forty-two of 21 this chapter is collected. 22 3. The credit authorized by this section shall equal the higher of 23 five hundred dollars a year, or the amount computed for a household 24 rebate. 25 4. The credit created under this section may be claimed even if no 26 taxes are owed by the eligible small business. Such credit may be used 27 to reduce the tax liability of the credit claimant below zero. 28 § 3059. Public service commission investigation. Not later than six 29 months after the effective date of this article, the public service 30 commission shall establish a proceeding to investigate, identify and 31 mitigate any increase in electric or gas rates for qualifying households 32 and eligible small businesses that may be projected to arise under this 33 article and article forty-two of this chapter. 34 § 10. Severability. If any word, phrase, clause, sentence, paragraph, 35 section, or part of this act shall be adjudged by any court of competent 36 jurisdiction to be invalid, such judgement shall not affect, impair, or 37 invalidate the remainder thereof, but shall be confined in its operation 38 to the word, phrase, clause, sentence, paragraph, section, or part ther- 39 eof directly involved in the controversy in which such judgement shall 40 have been rendered. 41 § 11. If any word, phrase, clause, sentence, paragraph, section, or 42 part of this act shall be adjudged to require the climate and community 43 investments authority created under this act to act outside of their 44 legal powers, such as engaging in the market beyond activities allowed 45 as a market actor, the relevant statutory requirements will be inter- 46 preted so that the powers and duties herein are enforced to the extent 47 allowed by law. 48 § 12. This act shall take effect on the one hundred eightieth day 49 after it shall have become a law and shall apply to any grants, loans, 50 contracts and financial assistance awarded or renewed on or after such 51 effective date. Effective immediately, the addition, amendment and/or 52 repeal of any rule or regulation necessary for the implementation of 53 this act on its effective date are authorized to be made and completed 54 on or before such date.