Bill Text: NY A10640 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to establishing energy efficiency measures by the public service commission and the New York state energy research and development authority including requiring utilities to hire and train employees who are living in areas designated as potential environmental justice areas of concern.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2020-06-17 - referred to energy [A10640 Detail]

Download: New_York-2019-A10640-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          10640

                   IN ASSEMBLY

                                      June 17, 2020
                                       ___________

        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Hunter) --
          read once and referred to the Committee on Energy

        AN ACT to amend the public service law and the energy law,  in  relation
          to  establishing  energy  efficiency  measures  by  the public service
          commission and the New York  state  energy  research  and  development
          authority

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The public service law is amended by adding a  new  section
     2  66-q to read as follows:
     3    § 66-q. Energy  efficiency  program.  1.  As used in this section, the
     4  following terms shall have the following meanings:
     5    (a) "cost effective" means  producing  benefits  that  outweigh  costs
     6  pursuant to the commission's benefit-cost analysis, plus the social cost
     7  of  methane,  and  non-energy benefits as described in the "Rhode Island
     8  Test" (RI. Test) or a subsequently identified benefit-cost analysis that
     9  more completely accounts for externalized benefits of energy  efficiency
    10  spending;
    11    (b)  "energy  efficiency"  means  the reduction in overall energy use,
    12  expressed as a percentage against a prior baseline of historical use, or
    13  in British thermal units (BTUs). Energy efficiency shall  include  envi-
    14  ronmentally beneficial electrification;
    15    (c)  "energy  efficiency  measure" means a particular good or practice
    16  that provides an energy efficiency benefit;
    17    (d) "environmentally beneficial electrification" means  a  replacement
    18  of  direct  fossil  fuel  use with electricity such that the replacement
    19  reduces overall emissions and energy costs;
    20    (e) "potential environmental justice areas of concern" means areas  of
    21  United  States  census block groups of two hundred fifty to five hundred
    22  households each that, in the most recently released  census,  had  popu-
    23  lations  that  met or exceeded at least one of the following statistical
    24  thresholds:
    25    (i) at least 51.1 percent of the population in an urban area  reported
    26  themselves to be members of minority groups; or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15864-01-0

        A. 10640                            2

     1    (ii)  at least 33.8 percent of the population in a rural area reported
     2  themselves to be members of minority groups; or
     3    (iii)  at  least  23.59 percent of the population in an urban or rural
     4  area had household incomes below the federal poverty level;
     5    (f) "program" means the energy efficiency program established  by  the
     6  commission pursuant to this section;
     7    (g)  "residential  building"  means a building having primary use as a
     8  domicile;
     9    (h) "rural area" means all territory, population,  and  housing  units
    10  that  are not classified as an urban area, or as subsequently defined by
    11  the United States census bureau;
    12    (i) "small commercial building" means a building operated by  a  busi-
    13  ness  with  one  hundred employees or fewer; provided they (i) own their
    14  building or (ii) lease or manage all or part of the building and have  a
    15  release  from  the  building  owner  to  apply for financing through the
    16  program; and
    17    (j) "urban area" means all territory, population,  and  housing  units
    18  located in urbanized areas, which is a continuously built-up area with a
    19  population of fifty thousand or more, and in places of two thousand five
    20  hundred  or  more inhabitants outside of an urbanized area, or as subse-
    21  quently defined by the United States census bureau.
    22    2. The commission shall, within forty-five days of the effective  date
    23  of this section, commence a proceeding to establish an energy efficiency
    24  program  for utilities, in order to stimulate the growth and adoption of
    25  more efficient use of energy and to promote the hiring and  training  of
    26  employees  by  such utilities from potential environmental justice areas
    27  of concern.
    28    3. The commission, in collaboration with utilities and the Long Island
    29  power authority, shall develop, oversee and issue guidelines  establish-
    30  ing  rules  and  regulations  for  the  program  which shall include the
    31  following elements:
    32    (a) cost effective energy efficiency, including environmentally  bene-
    33  ficial electrification, shall be the primary means for meeting new ener-
    34  gy demand for residential and small commercial building sectors, includ-
    35  ing demand for fossil fuel;
    36    (b)  any  job  training  funding  administered by utilities for energy
    37  efficiency implementation shall serve trainees living  in  areas  desig-
    38  nated  as potential environmental justice areas of concern, proportional
    39  to these areas' share of the state housing and small commercial building
    40  stock;
    41    (c) employees hired for implementation of  utility  energy  efficiency
    42  programs  shall  be  from  areas  designated  as potential environmental
    43  justice areas of concern, proportional to  these  areas'  share  of  the
    44  state  housing  and small commercial building stock, or from other areas
    45  designated as potential environmental justice areas  of  concern  within
    46  seventy-five miles of target work sites; and
    47    (d)  require  any  residential  and  small  business energy efficiency
    48  program funding used directly for energy  efficiency  measures  adminis-
    49  tered  by  utilities shall be allocated to areas designated as potential
    50  environmental justice areas of concern,  proportional  to  these  areas'
    51  share of the state housing and small commercial building stock.
    52    4.  The  commission  and  Long  Island power authority shall establish
    53  escalating penalties for non-compliance with  the  requirements  of  the
    54  program.
    55    §  2.  The energy law is amended by adding a new section 5-123 to read
    56  as follows:

        A. 10640                            3

     1    § 5-123. New York state  energy  research  and  development  authority
     2  energy  efficiency requirements. 1. As used in this section, the follow-
     3  ing terms shall have the following meanings:
     4    a.  "energy  efficiency"  means  the  reduction in overall energy use,
     5  expressed as a percentage against a prior baseline of historical use, or
     6  in British Thermal Units (BTUs).  Energy efficiency shall include  envi-
     7  ronmentally beneficial electrification;
     8    b. "environmentally beneficial electrification" means a replacement of
     9  direct  fossil  fuel  use  with  electricity  such  that the replacement
    10  reduces overall emissions and energy costs;
    11    c. "office" means the New York state energy research  and  development
    12  authority;
    13    d.  "potential  environmental justice areas of concern" means areas of
    14  United States census block groups of two hundred fifty to  five  hundred
    15  households  each  that,  in the most recently released census, had popu-
    16  lations that met or exceeded at least one of the  following  statistical
    17  thresholds:
    18    (i)  at least 51.1 percent of the population in an urban area reported
    19  themselves to be members of minority groups; or
    20    (ii) at least 33.8 percent of the population in a rural area  reported
    21  themselves to be members of minority groups; or
    22    (iii)  at  least  23.59 percent of the population in an urban or rural
    23  area had household incomes below the federal poverty level;
    24    e. "rural area" means all territory,  population,  and  housing  units
    25  that  are not classified as an urban area, or as subsequently defined by
    26  the United States census bureau;
    27    f. "small commercial building" means a building operated by a business
    28  with one hundred employees or fewer; provided they (i) own their  build-
    29  ing  or  (ii)  lease  or  manage  all or part of the building and have a
    30  release from the building owner  to  apply  for  financing  through  the
    31  office; and
    32    g.  "urban  area"  means  all territory, population, and housing units
    33  located in urbanized areas, which is a continuously built-up area with a
    34  population of fifty thousand or more, and in places of two thousand five
    35  hundred or more inhabitants outside of an urbanized area, or  as  subse-
    36  quently defined by the United States census bureau.
    37    2.  In  order to stimulate the growth and adoption of a more efficient
    38  use of energy and to promote the hiring and  training  of  employees  by
    39  utilities  and other entities from potential environmental justice areas
    40  of concern, the office:
    41    a. shall require that any program  funding  for  the  installation  of
    42  end-use  energy  efficiency measures administered by the office with the
    43  goal of achieving the one hundred eighty five trillion  British  thermal
    44  units  of  end  use energy below the two thousand twenty-five energy use
    45  forecast goal shall be allocated to areas designated as potential  envi-
    46  ronmental  justice  areas of concern, proportional to these areas' share
    47  of the state housing and small commercial building stock;
    48    b. may allocate funds to non-energy related interventions in  conjunc-
    49  tion with energy interventions, including but not limited to mold, lead,
    50  and  asbestos  remediation  pursuant  to the recommendations of an inte-
    51  grated physical needs assessment performed by the  division  of  housing
    52  and community renewal or another qualified agency;
    53    c.  shall require any job training program funding administered by the
    54  office for energy efficiency implementation  serve  trainees  living  in
    55  areas  designated  as  potential environmental justice areas of concern,

        A. 10640                            4

     1  proportional to these areas'  share  of  the  state  housing  and  small
     2  commercial building stock; and
     3    d. shall require employees hired for implementation of office programs
     4  for  efficiency  implementation  are  from areas designated as potential
     5  environmental justice areas of concern,  proportional  to  these  areas'
     6  share of the state housing and small commercial building stock.
     7    3.  The office shall gather and publish on its website data on non-en-
     8  ergy benefits  (NEBs)  of  home  and  building-scale  energy  efficiency
     9  programming as evaluated in benefit-costs analysis by the office.
    10    4.  Notwithstanding  any  provision of law to the contrary, any person
    11  who has been injured by reason of a violation of this section may  bring
    12  an  action in his or her own name to enjoin such unlawful act. The court
    13  may award reasonable attorney's fees to a prevailing plaintiff.
    14    § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
    15  sion, section or part of this act shall be  adjudged  by  any  court  of
    16  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    17  impair, or invalidate the remainder thereof, but shall  be  confined  in
    18  its  operation  to the clause, sentence, paragraph, subdivision, section
    19  or part thereof directly involved in the controversy in which such judg-
    20  ment shall have been rendered. It is hereby declared to be the intent of
    21  the legislature that this act would  have  been  enacted  even  if  such
    22  invalid provisions had not been included herein.
    23    §  4.  This  act shall take effect on the ninetieth day after it shall
    24  have become a law. Effective immediately, the addition, amendment and/or
    25  repeal of any rule or regulation necessary  for  the  implementation  of
    26  this  act  on its effective date are authorized to be made and completed
    27  on or before such effective date.
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