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

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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 - Dead) 2022-05-31 - print number 1466d [A01466 Detail]

Download: New_York-2021-A01466-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         1466--C

                               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

        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  thirteen new subdivisions 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41
     5  and 42 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.
                                                                   LBD05455-20-2

        A. 1466--C                          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 and forty-two of this
     4  section, the following terms shall have the following meanings:
     5    (i) "renewable energy" shall have the same meaning as renewable energy
     6  systems as set forth in section sixty-six-p of the public service law.
     7    (ii) "renewable energy project" shall be defined as all infrastructure
     8  which  generates,  stores,  distributes or transmits renewable energy or
     9  thermal energy as defined in subparagraph (i)  of  this  paragraph,  and
    10  includes  the  construction,  installation and/or operation of ancillary
    11  facilities or equipment done in connection with any such renewable ener-
    12  gy generating projects, including, but not limited  to,  energy  storage
    13  systems,  electric  vehicle  charging  infrastructure  and offshore wind
    14  support and  installation  vessels  owned  by  the  authority,  and  the
    15  production, use, and sale of green hydrogen defined as hydrogen produced
    16  through electrolysis powered using one hundred percent renewable energy.
    17    31. Where a renewable energy site appropriate for New York state falls
    18  into  federal  jurisdiction,  the  authority  may  participate  in lease
    19  auctions in an attempt to obtain ownership of that area.
    20    32. (a) Notwithstanding any other  provision  of  law,  the  authority
    21  shall,  on  or  after  January first, two thousand thirty, only generate
    22  renewable energy and shall only purchase, acquire, plan,  design,  engi-
    23  neer,  finance, and construct generation and transmission facilities for
    24  the purpose of generating, storing, distributing and transmitting renew-
    25  able energy. The authority shall phase out its use of  existing  non-re-
    26  newable  generation no later than December thirtieth, two thousand thir-
    27  ty, unless the authority provides to its trustees,  and  makes  publicly
    28  available,  an  attestation in writing, signed by the independent system
    29  operator and a representative of the regional clean energy hub in  which
    30  the  facility  is  located,  identifying  the existence of a reliability
    31  need.  The authority shall work with the New York state energy  research
    32  and  development  authority  to  provide  any  funding  necessary  for a
    33  regional clean energy hub to meet the needs  of  this  subdivision.  The
    34  authority,  in  consultation with the independent system operator, shall
    35  ensure that the phase out of its existing non-renewable generation  does
    36  not  lead  to  an increase in the delivery of out-of-state non-renewable
    37  generation into the New York state electric grid. For  the  purposes  of
    38  this subdivision, a "reliability need" means an electricity system need,
    39  which if unmet, would result in a violation of the electric power system
    40  planning and operating policies, standards, criteria, guidelines, proce-
    41  dures,  and rules promulgated by the North American Electric Reliability
    42  Corporation ("NERC"), Northeast Power Coordinating Council ("NPCC"), and
    43  the New York State Reliability Council ("NYSRC"), as they may be amended
    44  from time to time.
    45    (b) The authority shall  prioritize  funding,  siting,  building,  and
    46  owning  renewable  energy projects which: (i) actively benefit disadvan-
    47  taged communities as defined by the climate justice working group;  (ii)
    48  minimize harm to wildlife, ecosystems, public health, and public safety;
    49  (iii)  do  not  violate Indigenous rights or sovereignty; and (iv) which
    50  are the most cost-effective to the state according to the best available
    51  cost modeling research. The  types  of  renewable  energy  projects  the
    52  authority  builds  shall  be  determined and prioritized in consultation
    53  with affected labor unions and community organizations via the New  York
    54  state  energy research and development authority's regional clean energy
    55  hubs.

        A. 1466--C                          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--C                          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--C                          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  provided that the energy supply rate of such electricity  is  less  than
    46  the  energy  supply  rate  of  the  utility  in the municipal building's
    47  service territory.
    48    35. (a) The authority is authorized to sell or provide renewable ener-
    49  gy to residential end-use customers and CCA  communities.    Any  excess
    50  renewable  energy  produced  by  the authority and not used or stored by
    51  state or municipal owned or leased buildings shall be sold  directly  to
    52  low-to-moderate  income  households  first, prioritizing low-to-moderate
    53  income households in disadvantaged communities, and at a  rate  that  is
    54  fifty  percent  less  than  the energy supply rate of the utility in the
    55  customer's service territory.  Any  remaining  excess  renewable  energy
    56  produced by the authority shall be sold to residential end-use customers

        A. 1466--C                          6

     1  or  CCA's  at  the wholesale cost.  This subdivision shall not interfere
     2  with the authority's existing Recharge New York  power  program  or  any
     3  other power allocation program managed by the authority as of the effec-
     4  tive  date of this subdivision.  For the purposes of this paragraph, the
     5  term "low-to-moderate income  households"  shall  mean  households  with
     6  annual  incomes  at or below eighty percent of the area median income of
     7  the county or metro area where they reside.
     8    (b)  Within three years following the effective date of this  subdivi-
     9  sion,  the authority's trustees, in consultation with the New York state
    10  energy research and development authority's regional clean energy  hubs,
    11  shall  develop  a  progressive rate structure based on income and energy
    12  usage to be offered to end-use customers and CCA communities.
    13    (c) The authority shall work with the office of temporary and disabil-
    14  ity assistance to assist low-income customers to access the  low  income
    15  home  energy  assistance  program  and  other utility benefits and shall
    16  offer deferred payment agreement payment plans for customers  that  fall
    17  into arrears.
    18    (d)  The  authority  is authorized to sell up to thirty percent of the
    19  electricity that it provides to residential and commercial customers  to
    20  customers  of  the  long island power authority, established under title
    21  one-A of this article, and the long island power authority is authorized
    22  to purchase this power.
    23    36. All new renewable energy projects subject to this section shall be
    24  considered public work, subject to articles eight and nine of the  labor
    25  law  and  shall  utilize a project labor agreement. For purposes of this
    26  subdivision, "project labor agreement" shall mean a pre-hire  collective
    27  bargaining  agreement  between the authority, or a third party on behalf
    28  of the authority, and a bona fide building and construction trade  labor
    29  organization  establishing  the  labor  organization  as  the collective
    30  bargaining representative for all persons who will  perform  work  on  a
    31  public  work  project,  and  which  provides  that  only contractors and
    32  subcontractors who sign a pre-negotiated agreement with the labor organ-
    33  ization can perform project work.  All  contractors  and  subcontractors
    34  associated  with  this  work shall be required to utilize apprenticeship
    35  agreements as defined by article twenty-three of the labor law.
    36    37. The authority, in consultation  with  labor  organizations,  shall
    37  develop  a comprehensive plan to transition, train, or retrain employees
    38  that are impacted by the New York state build public renewables act, and
    39  shall establish and contribute to a just transition fund that shall make
    40  funding available for worker transition and retraining.
    41    38. The authority shall include requirements  in  any  procurement  or
    42  development  of  a  renewable  energy project, as defined in subdivision
    43  thirty of this section, that the components and parts shall be  supplied
    44  with  equipment  produced  or  made  in whole or substantial part in the
    45  United States, its territories or possessions. The authority's trustees,
    46  in consultation with the New York state energy research and  development
    47  authority,  may  waive  the procurement and development requirements set
    48  forth in this subdivision if the trustees determine that:  the  require-
    49  ments would not be in the public interest; the requirements would result
    50  in  unreasonable  costs;    obtaining such infrastructure components and
    51  parts in the United States would increase the cost of a renewable energy
    52  project by an unreasonable amount; or such components or parts cannot be
    53  produced, made, or assembled in the  United  States  in  sufficient  and
    54  reasonably  available quantities or of satisfactory quality. Such deter-
    55  mination must be made on an annual basis no later than December  thirty-
    56  first  after providing notice and an opportunity for public comment, and

        A. 1466--C                          7

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

        A. 1466--C                          8

     1    42.  The  authority shall enter into a memorandum of understanding for
     2  the operation and maintenance of a renewable  energy  project  developed
     3  pursuant  to  the New York state build public renewables act with a bona
     4  fide labor organization of jurisdiction  that  is  actively  engaged  in
     5  representing   transitioning  employees  from  non-renewable  generation
     6  facilities. The memorandum shall only apply to the  employees  necessary
     7  for  the  maintenance  and operation of such renewable energy generation
     8  projects. Such memorandum shall contain but not be limited to safety and
     9  training standards, disaster response measures, guaranteed hours, staff-
    10  ing levels, pay rate protection and retraining programs.  The  employees
    11  eligible for these positions shall first be selected from and offered to
    12  a  pool  of transitioning workers who have lost their employment or will
    13  be losing  their  employment  in  the  non-renewable  energy  generation
    14  sector.  Such  list  of potential employees will be provided by affected
    15  unions and provided to the department of labor. The department of  labor
    16  shall update and provide such list to the authority ninety days prior to
    17  purchase,  acquisition, and/or construction of any project under the New
    18  York state build public renewables act.
    19    § 3. Section 1003 of the public authorities law, as amended by chapter
    20  766 of the laws of 2005, is amended to read as follows:
    21    § 1003. Trustees. 1. The authority shall consist of [seven]  seventeen
    22  trustees,  five  of whom shall serve respectively for terms of one, two,
    23  three, four and five years, to be appointed by the governor, by and with
    24  the advice and consent of the senate. The  sixth  and  seventh  trustees
    25  shall  be  appointed by the governor, by and with the advice and consent
    26  of the senate, and shall serve  initial  terms  of  one  and  two  years
    27  respectively.   All other trustees shall be appointed as follows: two by
    28  the governor, four by the temporary president of the senate, and four by
    29  the speaker of the assembly, and shall proportionally be  selected  from
    30  labor union representatives that represent both employees of the author-
    31  ity and employees of construction contractors of the authority, environ-
    32  mental justice advocates, community renewable energy advocates, consumer
    33  advocates,  and  building electrification and energy efficiency experts.
    34  For any appointment and vacant trustee  position,  the  New  York  state
    35  energy  research  and  development  authority's  clean energy hubs shall
    36  select qualified candidates that shall be given reasonable consideration
    37  for an appointment as trustee by the  governor,  senate,  and  assembly.
    38  Each  trustee shall hold office until a successor has been appointed and
    39  qualified or until removed by a majority vote of the legislature or  the
    40  governor.    At  the  expiration of the term of each trustee and of each
    41  succeeding trustee [the governor shall,  by  and  with  the  advice  and
    42  consent  of the senate, appoint a successor, who shall hold office for a
    43  term of five years, or until a successor has been appointed  and  quali-
    44  fied.  In  the event of a vacancy occurring in the office of the trustee
    45  by death, resignation or otherwise, the governor shall, by and with  the
    46  advice  and  consent  of the senate, appoint a successor, who shall hold
    47  office for the unexpired term. Four trustees shall constitute  a  quorum
    48  for  the purpose of organizing the authority and conducting the business
    49  thereof.], or the event of a vacancy occurring  in  the  office  of  the
    50  trustee  by  death,  resignation or otherwise, the original entities who
    51  appointed that trustee shall appoint a successor, after consideration of
    52  clean energy hub candidates, who shall hold  office  for  the  unexpired
    53  term.  Nine trustees shall constitute a quorum for the purpose of organ-
    54  izing the authority and conducting the business thereof.  Any  authority
    55  trustee  or  board member may be terminated by either a majority vote of
    56  the senate or assembly, or by the governor. Reasons for termination  may

        A. 1466--C                          9

     1  include,  but  are  not limited to: failure to meet the renewable energy
     2  targets outlined in this bill; conflicts of interest; failure to  prior-
     3  itize climate justice, environmental justice, or economic justice in the
     4  authority's operations; sexual assault or harassment; or corruption.
     5    2.  The trustee chosen as chairman as provided in section one thousand
     6  four of this title, shall receive an annual salary which shall be set by
     7  the trustees of the authority, and which shall  not  exceed  the  salary
     8  prescribed  for the positions listed in paragraph (f) of subdivision one
     9  of section one hundred sixty-nine of  the  executive  law.  [Each  other
    10  trustee  shall not receive a salary or other compensation.] Each trustee
    11  shall receive his or her reasonable expenses in the performance  of  his
    12  or  her  duties  hereunder.  The trustee chosen as chairman may elect to
    13  become a member of the New York state and  local  employees'  retirement
    14  system  on  the  basis  of such compensation to which he or she shall be
    15  entitled as herein provided notwithstanding the provisions of any gener-
    16  al, special or local law, municipal charter, or ordinance.
    17    § 4. Nothing in this act is intended to limit, impair, or  affect  the
    18  legal  authority  of  the power authority of the state of New York under
    19  any other provision of title 1 of article 5 of  the  public  authorities
    20  law.
    21    §  5.  No section of this act or any action required to be taken under
    22  this act shall be delayed or made contingent upon the completion of  the
    23  plan  required  by subdivision 33 of section 1005 of the public authori-
    24  ties law, as added by section two of this act.
    25    § 6. Severability clause.  If any clause, sentence, paragraph,  subdi-
    26  vision,  or section of this act shall be adjudged by any court of compe-
    27  tent jurisdiction to be invalid, such judgment shall not affect, impair,
    28  or invalidate the remainder thereof, but shall be confined in its opera-
    29  tion to the clause, sentence, paragraph, subdivision, or section thereof
    30  directly involved in the controversy in which such judgment  shall  have
    31  been rendered. It is hereby declared to be the intent of the legislature
    32  that  this  act  would have been enacted even if such invalid provisions
    33  had not been included herein.
    34    § 7. This act shall take effect immediately.
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