Bill Text: NY A01466 | 2021-2022 | General Assembly | Amended


Bill Title: Implements the "New York State Build Public Renewables Act"; requires the New York power authority to provide only renewable energy and power to customers; requires such authority to be the sole provider of energy to all state owned and municipal properties; requires certain New York power authority projects and programs pay a prevailing wage and utilize project labor agreements.

Spectrum: Partisan Bill (Democrat 65-0)

Status: (Introduced) 2022-05-31 - print number 1466d [A01466 Detail]

Download: New_York-2021-A01466-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         1466--D

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 11, 2021
                                       ___________

        Introduced  by M. of A. CARROLL, COLTON, DINOWITZ, GOTTFRIED, KIM, COOK,
          DICKENS, SIMON, STIRPE, BARNWELL, CRUZ, L. ROSENTHAL,  WEPRIN,  ROZIC,
          MAMDANI,   FORREST,   GALLAGHER,  ANDERSON,  EPSTEIN,  GONZALEZ-ROJAS,
          MITAYNES, FRONTUS, JACKSON, BURDICK,  WALKER,  SILLITTI,  ENGLEBRIGHT,
          J. RIVERA,  LAVINE, THIELE, FERNANDEZ, STECK, QUART, CLARK, SEAWRIGHT,
          DAVILA, RAMOS, BURGOS, PHEFFER AMATO, KELLES,  GALEF,  SEPTIMO,  NIOU,
          GLICK, EICHENSTEIN, CYMBROWITZ, BURKE, OTIS, SOLAGES, ABINANTI, DILAN,
          JACOBSON,  GIBBS, DE LOS SANTOS, CUNNINGHAM, REYES, TAPIA, ZINERMAN --
          Multi-Sponsored by -- M. of  A.  HEVESI,  HYNDMAN  --  read  once  and
          referred to the Committee on Corporations, Authorities and Commissions
          --  committee  discharged,  bill amended, ordered reprinted as amended
          and recommitted to said committee -- recommitted to the  Committee  on
          Corporations,  Authorities and Commissions in accordance with Assembly
          Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee -- reported and
          referred  to  the Committee on Ways and Means -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
          committee  --  again  reported  from  said  committee with amendments,
          ordered reprinted as amended and recommitted to said committee

        AN ACT to amend the public authorities law, in relation to  implementing
          the "New York State Build Public Renewables 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 "New York State Build Public Renewables Act".
     3    §  2.  Section 1005 of the public authorities law is amended by adding
     4  fourteen new subdivisions 30, 31, 32, 33, 34, 35, 36, 37,  38,  39,  40,
     5  41, 42, and 43 to read as follows:
     6    30. (a) The authority is authorized and directed to purchase, acquire,
     7  plan,  design,  engineer,  finance,  construct, operate, manage, improve
     8  and/or maintain any renewable energy project.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05455-22-2

        A. 1466--D                          2

     1    (b) For the purposes of this subdivision and subdivisions  thirty-one,
     2  thirty-two,  thirty-three, thirty-four, thirty-five, thirty-six, thirty-
     3  seven,  thirty-eight,  thirty-nine,  forty,  forty-one,  forty-two   and
     4  forty-three  of this section, the following terms shall have the follow-
     5  ing meanings:
     6    (i) "renewable energy" shall have the same meaning as renewable energy
     7  systems as set forth in section sixty-six-p of the public service law.
     8    (ii) "renewable energy project" shall be defined as all infrastructure
     9  which  generates,  stores,  distributes or transmits renewable energy or
    10  thermal energy as defined in subparagraph (i)  of  this  paragraph,  and
    11  includes  the  construction,  installation and/or operation of ancillary
    12  facilities or equipment done in connection with any such renewable ener-
    13  gy generating projects, including, but not limited  to,  energy  storage
    14  systems,  electric  vehicle  charging  infrastructure  and offshore wind
    15  support and  installation  vessels  owned  by  the  authority,  and  the
    16  production, use, and sale of green hydrogen defined as hydrogen produced
    17  through electrolysis powered using one hundred percent renewable energy.
    18    31. Where a renewable energy site appropriate for New York state falls
    19  into  federal  jurisdiction,  the  authority  may  participate  in lease
    20  auctions in an attempt to obtain ownership of that area.
    21    32. (a) Notwithstanding any other  provision  of  law,  the  authority
    22  shall,  on  or  after  January first, two thousand thirty, only generate
    23  renewable energy and shall only purchase, acquire, plan,  design,  engi-
    24  neer,  finance, and construct generation and transmission facilities for
    25  the purpose of generating, storing, distributing and transmitting renew-
    26  able energy. The authority shall phase out its use of  existing  non-re-
    27  newable  generation no later than December thirtieth, two thousand thir-
    28  ty, unless the authority provides to its trustees,  and  makes  publicly
    29  available,  an  attestation in writing, signed by the independent system
    30  operator and a representative of the regional clean energy hub in  which
    31  the  facility  is  located,  identifying  the existence of a reliability
    32  need.  The authority shall work with the New York state energy  research
    33  and  development  authority  to  provide  any  funding  necessary  for a
    34  regional clean energy hub to meet the needs  of  this  subdivision.  The
    35  authority,  in  consultation with the independent system operator, shall
    36  ensure that the phase out of its existing non-renewable generation  does
    37  not  lead  to  an increase in the delivery of out-of-state non-renewable
    38  generation into the New York state electric grid. For  the  purposes  of
    39  this subdivision, a "reliability need" means an electricity system need,
    40  which if unmet, would result in a violation of the electric power system
    41  planning and operating policies, standards, criteria, guidelines, proce-
    42  dures,  and rules promulgated by the North American Electric Reliability
    43  Corporation ("NERC"), Northeast Power Coordinating Council ("NPCC"), and
    44  the New York State Reliability Council ("NYSRC"), as they may be amended
    45  from time to time.
    46    (b) The authority shall  prioritize  funding,  siting,  building,  and
    47  owning  renewable  energy projects which: (i) actively benefit disadvan-
    48  taged communities as defined by the climate justice working group;  (ii)
    49  minimize harm to wildlife, ecosystems, public health, and public safety;
    50  (iii)  do  not  violate Indigenous rights or sovereignty; and (iv) which
    51  are the most cost-effective to the state according to the best available
    52  cost modeling research. The  types  of  renewable  energy  projects  the
    53  authority  builds  shall  be  determined and prioritized in consultation
    54  with affected labor unions and community organizations via the New  York
    55  state  energy research and development authority's regional clean energy
    56  hubs.

        A. 1466--D                          3

     1    33. (a) Within two years of the effective date  of  this  subdivision,
     2  the  authority shall make public a ten-year climate and resiliency plan.
     3  Such climate and resiliency plan shall be designed to minimize costs  to
     4  ratepayers, while balancing the interests of employees, grid reliability
     5  and  resiliency,  disadvantaged  communities  as  defined by the climate
     6  justice working group, and the environment. Such plan shall be developed
     7  in consultation with the  New  York state independent  system  operator,
     8  the   New   York   state  energy research and development authority, the
     9  New York state department of public service, and climate and  resiliency
    10  experts,  labor  organizations, environmental justice communities, resi-
    11  dential and small business ratepayer advocates, and community  organiza-
    12  tions via the  New  York state  energy research and development authori-
    13  ty's  regional clean energy hubs. Such resiliency plan shall outline the
    14  renewable energy projects the authority plans to build, how the authori-
    15  ty plans to phase out non-renewable assets and how the  authority  plans
    16  to  comply  with the climate leadership and community protection act and
    17  the renewable energy targets in subdivisions thirty-two and  thirty-four
    18  of this section, and efforts to improve energy and electric grid resili-
    19  ency.    The  authority  shall  update  such plan annually, after public
    20  comment and a hearing. Such updated plan shall include a review  of  the
    21  state's progress towards the renewable energy goals of the climate lead-
    22  ership  and  community protection act. If the authority, in consultation
    23  with the New York  state  energy  research  and  development  authority,
    24  determines that the renewable energy goals of the climate leadership and
    25  community  protection  act are not likely to be met within the timeframe
    26  established by the law, the authority shall include in the updated  plan
    27  the  renewable  energy  projects  it  plans to build to ensure the state
    28  meets such goals, including the permit applications submitted, the stage
    29  of each project in the  development  process,  when  such  projects  are
    30  expected  to be commissioned, and any barriers to deployment experienced
    31  by the authority. If the authority has identified a reliability need  to
    32  maintain  its  existing non-renewable generation pursuant to subdivision
    33  thirty-two of this section, the authority shall identify in  the  annual
    34  report  the  renewable  energy  project, energy storage project,  trans-
    35  mission or distribution infrastructure, demand response, or  other  such
    36  project  or projects that the authority, or another entity, only if such
    37  entity  has  obtained  all  the  necessary   permits   and   has   begun
    38  construction, plans to develop to meet the reliability need.
    39    (b)  Within  two  years of the effective date of this subdivision, the
    40  authority shall make public a democratization plan, with  a  mandate  to
    41  implement  the plan within two years of its completion.  Such plan shall
    42  be created in partnership with, and codesigned with, a  statewide  alli-
    43  ance  of  community  organizations  with at least five years' history of
    44  working on energy democracy and implementation issues, providing funding
    45  for this alliance as necessary for their participation in the completion
    46  of the plan. Such plan shall ensure that the scale up of renewable build
    47  out across the state occurs in line with the principles of energy democ-
    48  racy and transparency.
    49    (c) The authority shall hold at least eight public hearings within two
    50  years of the effective date of this subdivision related to  the  climate
    51  and  resiliency plan.   The hearing shall be publicized in various forms
    52  of media, including but not limited to the  authority's  website,  local
    53  newspapers  and social media platforms, and shall also be accessible via
    54  livestream.  In advance of such hearing, the authority  shall  conspicu-
    55  ously  post  written  notice of such hearing in all authority facilities
    56  and New York state energy research and  development  authority  regional

        A. 1466--D                          4

     1  clean  energy  hubs  on a sign posted at each facility entrance and exit
     2  used by employees, and shall provide at least two weeks  advance  notice
     3  of  such  hearing  to authority customers by directly communicating such
     4  notice  to  customer  phone, email and mailing lists.  Hearings shall be
     5  permitted between 12:00 PM to 3:00 PM and 6:00 PM to 9:00  PM,  and  the
     6  authority shall provide all speakers with the option to sign up to speak
     7  within  those  three hour windows such that no speaker shall wait longer
     8  than three hours to speak.   In  addition  to  oral  testimony,  written
     9  testimony  from  the  public  for such hearings shall be accepted by the
    10  authority no less than two weeks after each hearing.  Each speaker shall
    11  have at least three minutes to speak,  and  a  remote  option  shall  be
    12  provided  for submitting comments via video conference, phone, including
    13  short message services (SMS) text messages and/or written comment, which
    14  shall be read aloud. Provisions for translation services, American  sign
    15  language interpretation, closed captioning, and access to accommodations
    16  provided  by  the Americans with Disabilities Act shall be provided upon
    17  request.
    18    (d) The authority shall maintain all data, meeting minutes, recordings
    19  and documents that do not include personal customer information, includ-
    20  ing but not limited to depreciation schedules, annual  financial  state-
    21  ments  of itemized spending, environmental impact statements, cost-bene-
    22  fit analyses, climate and resiliency  plans,  renewable  energy  project
    23  plans,  and annual reports on operations, customer service, reliability,
    24  resiliency  and  sustainability.    All  such  data,  meeting   minutes,
    25  recordings  and  documents  shall  be  made available on the authority's
    26  website, or otherwise made accessible by  the  authority  upon  request.
    27  All  such  records shall be maintained as business records for a minimum
    28  of ten years.  The state comptroller shall audit the authority at  least
    29  once  every two years until two thousand thirty to ascertain whether the
    30  authority is in compliance with the renewable energy targets outlined in
    31  this subdivision and subdivisions thirty-two,  thirty-four  and  thirty-
    32  five of this section and whether the authority's spending and operations
    33  are  effectively  and  efficiently  promoting the common good.  The most
    34  recent comptroller audits shall also be made available  on  the authori-
    35  ty's website,  or  otherwise  made  accessible  by  the  authority  upon
    36  request.
    37    (e)  (i) The authority, in consultation with the New York state energy
    38  research and development authority and the  public  service  commission,
    39  shall  develop and conduct an energy efficiency and energy audit program
    40  to identify public buildings most in need of  retrofits  and  efficiency
    41  measures.   Such program shall provide for the installation of renewable
    42  heating and cooling systems, and, when feasible,  other  green  building
    43  projects as defined in section 58-0101 of the environmental conservation
    44  law, in public housing and public schools by the year two thousand thir-
    45  ty-five, prioritizing first public affordable housing and public schools
    46  in disadvantaged communities. The authority shall hire authority employ-
    47  ees  or  contractors to perform energy audits, retrofits and other effi-
    48  ciency programs for these buildings, and provide incentives, in conjunc-
    49  tion with the New York state energy research and development  authority,
    50  for energy efficient appliances and induction stoves, as needed, to meet
    51  the  climate  goals  outlined  in  the  climate leadership and community
    52  protection act.  If the buildings selected for this  program  need  mold
    53  remediation measures or lead abatement measures to be carried out before
    54  energy  efficiency  measures  can  be  safely implemented, the authority
    55  shall also hire employees or contractors to perform lead abatement meas-
    56  ures and/or mold remediation measures for these buildings.

        A. 1466--D                          5

     1    (ii) The authority shall annually post on its website a report  evalu-
     2  ating  the energy efficiency program, including, but not limited to, the
     3  number of customers served by the efficiency program, the customer demo-
     4  graphics, the number of  retrofits  and  energy  audits  performed,  the
     5  number  of  jobs  created  and  employee demographics, and the amount of
     6  energy and dollars saved as a result of the program.
     7    (iii) All work subject to this subdivision shall be considered  public
     8  work,  subject  to  articles  eight and nine of the labor law, and shall
     9  utilize a project labor agreement. For  purposes  of  this  subdivision,
    10  "project  labor  agreement"  shall mean a pre-hire collective bargaining
    11  agreement between the authority, or a  third  party  on  behalf  of  the
    12  authority,  and a bona fide building and construction trade labor organ-
    13  ization establishing the labor organization as the collective bargaining
    14  representative for all persons who will perform work on  a  public  work
    15  project, and which provides that only contractors and subcontractors who
    16  sign  a pre-negotiated agreement with the labor organization can perform
    17  project work. All contractors and subcontractors  associated  with  this
    18  work  shall  be required to utilize apprenticeship agreements as defined
    19  by article twenty-three of the labor law.
    20    (f) The authority shall submit an annual report to the governor and to
    21  the legislature which shall be made available to the public. Such report
    22  shall include the:
    23    (A) Ten year climate and resiliency plan described in paragraph (a) of
    24  this subdivision;
    25    (B) Amount of energy produced by each facility;
    26    (C) Energy transferred between facilities within the authority;
    27    (D) Energy transferred outside of the authority for sale;
    28    (E) Kilowatt-hour sales by project;
    29    (F) Revenues and costs for each project facility;
    30    (G) Accumulated provision for depreciation of each project facility;
    31    (H) Financial and  operating  information  of  the  energy  efficiency
    32  program;
    33    (I)  Enrollment  in and effectiveness of renewable energy auto-enroll-
    34  ment, retrofit, and energy efficient appliance programs;
    35    (J) Any projected rate increase for the year; and
    36    (K) An analysis of the authority's actions to ensure  the  state  will
    37  meet  the renewable energy goals of the climate leadership and community
    38  protection act.
    39    34. Notwithstanding any other provision of law, on  or  after  January
    40  first,  two thousand thirty, the authority shall be the sole provider of
    41  electricity to all state owned, leased, controlled, or  operated  build-
    42  ings  and  on  or  after  January  first,  two thousand thirty-five, the
    43  authority shall be the sole provider of  electricity  to  all  municipal
    44  owned,  leased,  controlled, or operated buildings that use electricity.
    45  A municipal owned, leased, controlled, or operated  building  that  uses
    46  electricity may elect not to receive its energy supply from the authori-
    47  ty  if  (i) the authority's energy supply rate is higher than the energy
    48  supply rate of the utility in the municipal building's service  territo-
    49  ry,  as determined by the twelve-month average utility supply rate; (ii)
    50  the municipal building is being served by a municipal  electric  utility
    51  that  shall  supply  only renewable energy to the building; or (iii) the
    52  municipal building elects to participate in a  community  choice  aggre-
    53  gation program that shall supply only renewable energy to the building.
    54    35. (a) The authority is authorized to sell or provide renewable ener-
    55  gy  to  residential  end-use  customers and CCA communities.  Any excess
    56  renewable energy produced by the authority and not  used  or  stored  by

        A. 1466--D                          6

     1  state  or  municipal owned or leased buildings shall be sold directly to
     2  low-to-moderate income households  first,  prioritizing  low-to-moderate
     3  income  households  in  disadvantaged communities, and at a rate that is
     4  fifty  percent  less  than  the energy supply rate of the utility in the
     5  customer's service territory.  Any  remaining  excess  renewable  energy
     6  produced by the authority shall be sold to residential end-use customers
     7  or CCA's at the wholesale cost.  For the purposes of this paragraph, the
     8  term  "low-to-moderate  income  households"  shall  mean households with
     9  annual incomes at or below eighty percent of the area median  income  of
    10  the county or metro area where they reside.
    11    (b)   Within three years following the effective date of this subdivi-
    12  sion, the authority's trustees, in consultation with the New York  state
    13  energy  research and development authority's regional clean energy hubs,
    14  shall develop a progressive rate structure based on  income  and  energy
    15  usage to be offered to end-use customers and CCA communities.
    16    (c) The authority shall work with the office of temporary and disabil-
    17  ity  assistance  to assist low-income customers to access the low income
    18  home energy assistance program and  other  utility  benefits  and  shall
    19  offer  deferred  payment agreement payment plans for customers that fall
    20  into arrears.
    21    (d) The authority is authorized to sell up to thirty  percent  of  the
    22  electricity  that it provides to residential and commercial customers to
    23  customers of the long island power authority,  established  under  title
    24  one-A of this article, and the long island power authority is authorized
    25  to purchase this power.
    26    36. All new renewable energy projects subject to this section shall be
    27  considered  public work, subject to articles eight and nine of the labor
    28  law and shall utilize a project labor agreement. For  purposes  of  this
    29  subdivision,  "project labor agreement" shall mean a pre-hire collective
    30  bargaining agreement between the authority, or a third party  on  behalf
    31  of  the authority, and a bona fide building and construction trade labor
    32  organization establishing  the  labor  organization  as  the  collective
    33  bargaining  representative  for  all  persons who will perform work on a
    34  public work project,  and  which  provides  that  only  contractors  and
    35  subcontractors who sign a pre-negotiated agreement with the labor organ-
    36  ization  can  perform  project  work. All contractors and subcontractors
    37  associated with this work shall be required  to  utilize  apprenticeship
    38  agreements as defined by article twenty-three of the labor law.
    39    37.  The  authority,  in  consultation with labor organizations, shall
    40  develop a comprehensive plan to transition, train, or retrain  employees
    41  that are impacted by the New York state build public renewables act, and
    42  shall establish and contribute to a just transition fund that shall make
    43  funding available for worker transition and retraining.
    44    38.  The  authority  shall  include requirements in any procurement or
    45  development of a renewable energy project,  as  defined  in  subdivision
    46  thirty  of this section, that the components and parts shall be supplied
    47  with equipment produced or made in whole  or  substantial  part  in  the
    48  United States, its territories or possessions. The authority's trustees,
    49  in  consultation with the New York state energy research and development
    50  authority, may waive the procurement and  development  requirements  set
    51  forth  in  this subdivision if the trustees determine that: the require-
    52  ments would not be in the public interest; the requirements would result
    53  in unreasonable costs;   obtaining such  infrastructure  components  and
    54  parts in the United States would increase the cost of a renewable energy
    55  project by an unreasonable amount; or such components or parts cannot be
    56  produced,  made,  or  assembled  in  the United States in sufficient and

        A. 1466--D                          7

     1  reasonably available quantities or of satisfactory quality. Such  deter-
     2  mination  must be made on an annual basis no later than December thirty-
     3  first after providing notice and an opportunity for public comment,  and
     4  be  made publicly available, in writing, on the authority's website with
     5  a detailed explanation of the findings leading to such determination. If
     6  the authority's trustees have issued determinations  for  three  consec-
     7  utive  years  that no such waiver is warranted pursuant to this subdivi-
     8  sion, then the authority shall no longer  be  required  to  provide  the
     9  annual determination required by this subdivision.
    10    39.  The  authority  shall  work  with  existing workforce development
    11  programs, union apprenticeship programs, and regional  community  energy
    12  hubs  to publish a report on the ways that the construction of renewable
    13  projects can best support the development of skilled,  well  paid  local
    14  workforces  in  the renewable energy sector, and shall provide financial
    15  support through the just transition fund established pursuant to  subdi-
    16  vision  thirty-seven  of  this section for  pre-apprenticeship  programs
    17  through local community based organizations that work with disadvantaged
    18  communities and union  run  workforce  development  institutions,  where
    19  this  support  is  found to be necessary to the effective development of
    20  this workforce according to the report.
    21    40. For energy projects that the authority builds on properties of the
    22  New York city housing  authority,  including  heat  pump  installations,
    23  retrofits, weatherization measures, and lead, mold, and asbestos remedi-
    24  ation,  both  the  authority and its contractors shall prioritize hiring
    25  residents of these properties, provided that  residents  meet  consider-
    26  ations  of  availability,  interest,  skill  level  and  training.    No
    27  provisions of this subdivision shall alter the status of any  Section  9
    28  housing.  The  authority shall consult the residents or occupants of all
    29  public buildings where the authority  is  building  projects  to  assess
    30  their  needs and minimize disruption, nuisance, public health risks, and
    31  displacement during any remediation, retrofit, weatherization, heat pump
    32  installations, or other construction the authority  or  its  contractors
    33  perform.    All  work  subject  to  this subdivision shall be considered
    34  public work, subject to articles eight and nine of the  labor  law,  and
    35  shall  utilize  a project labor agreement. For purposes of this subdivi-
    36  sion,  "project  labor  agreement"  shall  mean  a  pre-hire  collective
    37  bargaining  agreement  between the authority, or a third party on behalf
    38  of the authority, and a bona fide building and construction trade  labor
    39  organization  establishing  the  labor  organization  as  the collective
    40  bargaining representative for all persons who will  perform  work  on  a
    41  public  work  project,  and  which  provides  that  only contractors and
    42  subcontractors who sign a pre-negotiated agreement with the labor organ-
    43  ization can perform project work.  All  contractors  and  subcontractors
    44  associated  with  this  work shall be required to utilize apprenticeship
    45  agreements as defined by article twenty-three of the labor law.
    46    41. (a) Nothing in the New York  state  build  public  renewables  act
    47  shall  alter  the rights or benefits, and privileges, including, but not
    48  limited to terms and conditions of employment, civil service status, and
    49  collective bargaining unit membership, of any current employees  of  the
    50  authority.
    51    (b)  Nothing  in  the New York state build public renewables act shall
    52  result in: (i) the discharge, displacement, or loss of position, includ-
    53  ing partial displacement such as a reduction in the hours  of  non-over-
    54  time  work, wages, or employment benefits; (ii) the impairment of exist-
    55  ing collective bargaining agreements; (iii)  the  transfer  of  existing
    56  duties  and  functions;  or (iv) the transfer of future duties and func-

        A. 1466--D                          8

     1  tions, of any currently employed worker impacted by this act who  agrees
     2  to be retrained.
     3    42.  The  authority shall enter into a memorandum of understanding for
     4  the operation and maintenance of a renewable  energy  project  developed
     5  pursuant  to  the New York state build public renewables act with a bona
     6  fide labor organization of jurisdiction  that  is  actively  engaged  in
     7  representing   transitioning  employees  from  non-renewable  generation
     8  facilities.   Such  memorandum  shall  be  entered  into  prior  to  the
     9  completion  date  of  a renewable energy project and shall be an ongoing
    10  material condition of authorization to operate and maintain a  renewable
    11  energy  project  developed  pursuant  to the New York state build public
    12  renewables act.  The memorandum shall only apply to the employees neces-
    13  sary for the maintenance and operation of such renewable  energy  gener-
    14  ation  projects.  Such  memorandum  shall  contain but not be limited to
    15  safety and training standards, disaster  response  measures,  guaranteed
    16  hours, staffing levels, pay rate protection and retraining programs. The
    17  employees  eligible for these positions shall first be selected from and
    18  offered to a pool of transitioning workers who have lost  their  employ-
    19  ment  or  will  be  losing  their employment in the non-renewable energy
    20  generation sector. Such list of potential employees will be provided  by
    21  affected  unions and provided to the department of labor. The department
    22  of labor shall update and provide such list to the authority ninety days
    23  prior to purchase, acquisition, and/or construction of any project under
    24  the New York state build public renewables act.
    25    43. The authority shall comply with the objectives and goals of certi-
    26  fied minority and women-owned business enterprises pursuant  to  article
    27  fifteen-A  of  the executive law and certified service-disabled veteran-
    28  owned businesses pursuant to article three  of  the  veterans'  services
    29  law.  The  authority, in consultation with the commissioner of the divi-
    30  sion of minority and women's business development and  the  director  of
    31  the  division  of  service-disabled veterans' business development shall
    32  make training and resources available to assist minority and women-owned
    33  business enterprises and service-disabled veteran-owned business  enter-
    34  prises  on  renewable energy projects to achieve and maintain compliance
    35  with prevailing wage requirements. The authority shall make such  train-
    36  ing  and resources available online and shall afford minority and women-
    37  owned business enterprises and service-disabled  veteran-owned  business
    38  enterprises an opportunity to submit comments on such training.
    39    § 3. Section 1003 of the public authorities law, as amended by chapter
    40  766 of the laws of 2005, is amended to read as follows:
    41    §  1003. Trustees. 1. The authority shall consist of [seven] seventeen
    42  trustees, five of whom shall serve respectively for terms of  one,  two,
    43  three, four and five years, to be appointed by the governor, by and with
    44  the  advice  and  consent  of the senate. The sixth and seventh trustees
    45  shall be appointed by the governor, by and with the advice  and  consent
    46  of  the  senate,  and  shall  serve  initial  terms of one and two years
    47  respectively.  All other trustees shall be appointed as follows: two  by
    48  the governor, four by the temporary president of the senate, and four by
    49  the  speaker  of the assembly, and shall proportionally be selected from
    50  labor union representatives that represent both employees of the author-
    51  ity and employees of construction contractors of the authority, environ-
    52  mental justice advocates, community renewable energy advocates, consumer
    53  advocates, and building electrification and energy  efficiency  experts.
    54  For  any  appointment  and  vacant  trustee position, the New York state
    55  energy research and development  authority's  clean  energy  hubs  shall
    56  select qualified candidates that shall be given reasonable consideration

        A. 1466--D                          9

     1  for  an  appointment  as  trustee by the governor, senate, and assembly.
     2  Each trustee shall hold office until a successor has been appointed  and
     3  qualified  or until removed by a majority vote of the legislature or the
     4  governor.    At  the  expiration of the term of each trustee and of each
     5  succeeding trustee [the governor shall,  by  and  with  the  advice  and
     6  consent  of the senate, appoint a successor, who shall hold office for a
     7  term of five years, or until a successor has been appointed  and  quali-
     8  fied.  In  the event of a vacancy occurring in the office of the trustee
     9  by death, resignation or otherwise, the governor shall, by and with  the
    10  advice  and  consent  of the senate, appoint a successor, who shall hold
    11  office for the unexpired term. Four trustees shall constitute  a  quorum
    12  for  the purpose of organizing the authority and conducting the business
    13  thereof.], or the event of a vacancy occurring  in  the  office  of  the
    14  trustee  by  death,  resignation or otherwise, the original entities who
    15  appointed that trustee shall appoint a successor, after consideration of
    16  clean energy hub candidates, who shall hold  office  for  the  unexpired
    17  term.  Nine trustees shall constitute a quorum for the purpose of organ-
    18  izing the authority and conducting the business thereof.  Any  authority
    19  trustee  or  board member may be terminated by either a majority vote of
    20  the senate or assembly, or by the governor. Reasons for termination  may
    21  include,  but  are  not limited to: failure to meet the renewable energy
    22  targets outlined in this bill; conflicts of interest; failure to  prior-
    23  itize climate justice, environmental justice, or economic justice in the
    24  authority's operations; sexual assault or harassment; or corruption.
    25    2.  The trustee chosen as chairman as provided in section one thousand
    26  four of this title, shall receive an annual salary which shall be set by
    27  the trustees of the authority, and which shall  not  exceed  the  salary
    28  prescribed  for the positions listed in paragraph (f) of subdivision one
    29  of section one hundred sixty-nine of  the  executive  law.  [Each  other
    30  trustee  shall not receive a salary or other compensation.] Each trustee
    31  shall receive his or her reasonable expenses in the performance  of  his
    32  or  her  duties  hereunder.  The trustee chosen as chairman may elect to
    33  become a member of the New York state and  local  employees'  retirement
    34  system  on  the  basis  of such compensation to which he or she shall be
    35  entitled as herein provided notwithstanding the provisions of any gener-
    36  al, special or local law, municipal charter, or ordinance.
    37    § 4. Nothing in this act shall impact the power authority of the state
    38  of New York's existing recharge New York power program, existing  hydro-
    39  power  allocations  to  any  municipal  and cooperative electric utility
    40  customers, or any other power allocation program managed by such author-
    41  ity.
    42    § 5. Nothing in this act is intended to limit, impair, or  affect  the
    43  legal  authority  of  the power authority of the state of New York under
    44  any other provision of title 1 of article 5 of  the  public  authorities
    45  law.
    46    §  6.  No section of this act or any action required to be taken under
    47  this act shall be delayed or made contingent upon the completion of  the
    48  plan  required  by subdivision 33 of section 1005 of the public authori-
    49  ties law, as added by section two of this act.
    50    § 7. Severability clause.  If any clause, sentence, paragraph,  subdi-
    51  vision,  or section of this act shall be adjudged by any court of compe-
    52  tent jurisdiction to be invalid, such judgment shall not affect, impair,
    53  or invalidate the remainder thereof, but shall be confined in its opera-
    54  tion to the clause, sentence, paragraph, subdivision, or section thereof
    55  directly involved in the controversy in which such judgment  shall  have
    56  been rendered. It is hereby declared to be the intent of the legislature

        A. 1466--D                         10

     1  that  this  act  would have been enacted even if such invalid provisions
     2  had not been included herein.
     3    § 8. This act shall take effect immediately.
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