Bill Text: NY A09746 | 2023-2024 | General Assembly | Introduced
Bill Title: Enacts the "home utility weatherization jobs act"; requires each gas corporation, electric corporation, or combination gas or electric corporation to submit to the public service commission for review and approval a pilot weatherization program plan.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-04-03 - referred to energy [A09746 Detail]
Download: New_York-2023-A09746-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9746 IN ASSEMBLY April 3, 2024 ___________ Introduced by M. of A. CONRAD -- read once and referred to the Committee on Energy AN ACT to amend the public service law, in relation to enacting the "home utility weatherization jobs 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 "home utility weatherization jobs act". 3 § 2. Legislative findings and intent. The legislature finds and 4 declares that: 5 (a) The Climate Leadership and Community Protection Act (CLCPA) 6 requires significant reductions in greenhouse gas emissions, including a 7 40% reduction in statewide greenhouse gas emissions by 2030 and an 85% 8 reduction in statewide greenhouse gas emissions by 2050; 9 (b) The Climate Action Council Final Scoping Plan (Plan) deems it 10 essential that buildings make significant investments in energy effi- 11 ciency, and the Plan's integration analysis demonstrates that widespread 12 improvements to building envelope will reduce energy demand from the 13 building sector by 30% to 50% by 2050; 14 (c) Energy efficiency is and will continue to be a key and necessary 15 component of achieving the CLCPA's greenhouse gas emissions targets and 16 has proven to be one of the most cost-effective strategies available; 17 (d) Weatherization efforts that prioritize a whole-building approach 18 to reducing energy needs, such as through building envelope enhance- 19 ments, are an effective way to reduce greenhouse gas emissions while at 20 the same time facilitating further emissions reduction measures such as 21 full electrification or hybrid heating systems by reducing heating load; 22 (e) Improving the integrity of the building envelope through upgrades 23 or retrofits may result in deep energy savings; 24 (f) While existing energy efficiency programs administered by the New 25 York state energy research and development authority are available for 26 low- to moderate-income (LMI) customers, there are some gaps in cover- 27 age, including LMI tenants who do not live in buildings covered by 28 existing LMI programs, individuals who do not qualify as LMI customers, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14492-02-4A. 9746 2 1 rental properties, and where existing programs do not remove or mitigate 2 up-front financial burdens for customers; 3 (g) Weatherization efforts can provide significant benefits to disad- 4 vantaged and other communities through the reduction of energy usage and 5 decreases in greenhouse gas emissions; 6 (h) Weatherization and energy efficiency projects can promote strong 7 economic development and good jobs for local residents, including resi- 8 dents in disadvantaged communities; 9 (i) Utilities' access to capital and to a trusted workforce able to 10 effectively execute projects, and experience with implementing energy 11 efficiency programs specifically, positions them well to develop and 12 implement programs to weatherize residential buildings; and 13 (j) It is therefore the intent of the legislature to remove legal 14 barriers to utility development of weatherization programs and require 15 the public service commission to authorize utilities to immediately 16 commence piloting the development and implementation of targeted utility 17 weatherization programs to further the goals of the CLCPA. 18 § 3. The public service law is amended by adding a new section 66-x to 19 read as follows: 20 § 66-x. Energy efficiency weatherization improvements. 1. As used in 21 this section: 22 (a) "building envelope" means the assemblies, components and materials 23 of a building that form the thermal barrier between the interior space 24 of the building and the exterior environment, including but not limited 25 to walls, floors, roofing, foundation, windows and doors; 26 (b) "weatherization improvement project" means a project implemented 27 by a gas corporation, electric corporation or combination gas and elec- 28 tric corporation that is intended to improve the integrity of a building 29 envelope, including but not limited to locating and sealing air leaks, 30 increasing insulation, and weatherstripping windows and doors; and 31 (c) "weatherization program" means a program developed by a gas corpo- 32 ration, electric corporation or combination gas and electric corporation 33 for the purpose of implementing weatherization improvement projects. 34 2. The commission shall initiate a proceeding within three months of 35 the effective date of this section to support the development of weath- 36 erization programs for the purpose of meeting the greenhouse gas emis- 37 sions and equity goals of the Climate Leadership and Community 38 Protection Act (CLCPA). 39 3. Within six months of the effective date of this section, each gas 40 corporation, electric corporation, or combination gas and electric 41 corporation shall submit to the commission for review and approval a 42 pilot weatherization program plan. The weatherization program plan shall 43 include, but not be limited to, the following: (a) the buildings and 44 customers eligible for the proposed program, which shall include a 45 description of how the proposed program fills existing gaps related to 46 low- to moderate-income (LMI) customers and other customers, prioritiz- 47 ing homes built before nineteen hundred eighty and located in disadvan- 48 taged communities as identified by the climate justice working group; 49 (b) a description of the weatherization improvement projects to be 50 included in the proposed program; (c) whether the weatherization 51 improvement projects will be completed by internal labor, contracted 52 resources, or both; (d) a description of job training or workforce 53 development efforts necessary to implement the proposed plan; (e) 54 proposed total annual costs of the program; (f) projected annual green- 55 house gas emissions reductions resulting from the proposed program; and 56 (g) the projected savings on pipeline and other equipment repair orA. 9746 3 1 replacement from the reduction in usage. In developing weatherization 2 program plans, a gas corporation, electric corporation, or combination 3 electric and gas corporation shall coordinate with other utility partic- 4 ipants and the New York state energy research and development authority. 5 4. Within one year of the effective date of this section, the commis- 6 sion shall determine whether it is in the public interest to approve or 7 modify such weatherization program plans and shall issue an order 8 directing each gas, electric, or combination gas and electric corpo- 9 ration to implement such weatherization programs. In determining whether 10 a weatherization program is in the public interest, the commission shall 11 consider whether the program: (a) facilitates energy reliability for 12 customers; (b) supports the state's achievement of the greenhouse gas 13 emissions reduction goals of the CLCPA; and (c) promotes job training 14 and workforce development. 15 5. The commission shall authorize each gas corporation, electric 16 corporation or combination gas and electric corporation to fully recover 17 in the context of rate or other duly authorized proceedings the costs 18 associated with each such corporation's weatherization program. Each gas 19 corporation, electric corporation or combination gas and electric corpo- 20 ration shall defer any unrecovered expenses associated with an approved 21 or modified weatherization program as a regulatory asset pending a 22 subsequent rate or other duly authorized proceeding. All unrecovered 23 expense balances shall accrue carrying charges at such corporation's 24 pre-tax approved rate of return. 25 6. Each gas, electric, or combination gas and electric corporation 26 shall report to the commission, on a quarterly basis, and until 27 completion of the weatherization programs as determined by the commis- 28 sion, the status of each weatherization program. The commission shall 29 post and make publicly available such reports on its website. The report 30 shall include, but not be limited to: (a) projects completed pursuant to 31 the program; (b) barriers to implementation, if any; (c) costs of the 32 program; (d) number of jobs retained, created or enhanced by the 33 program; and (e) any other such information the commission deems to be 34 in the public interest. 35 7. Any weatherization program approved or modified under this section 36 shall demonstrate that the gas corporation, electric corporation, or 37 combination gas and electric corporation has entered into a labor peace 38 agreement with a bona fide labor organization of jurisdiction that is 39 actively engaged in representing gas and electric corporation employees. 40 The labor peace agreement shall apply to the employees necessary for the 41 implementation of the weatherization program. The labor peace agreement 42 shall be an ongoing material condition of authorization to implement 43 such program. 44 § 4. This act shall take effect immediately.
