Bill Text: NY S04134 | 2023-2024 | General Assembly | Introduced


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 29-0)

Status: (Engrossed) 2024-01-03 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S04134 Detail]

Download: New_York-2023-S04134-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          4134

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 3, 2023
                                       ___________

        Introduced  by  Sens. PARKER, ADDABBO, BAILEY, BRESLIN, BRISPORT, BROUK,
          CLEARE, GIANARIS, GOUNARDES, HARCKHAM, HINCHEY,  HOYLMAN-SIGAL,  JACK-
          SON,  KAVANAGH,  KRUEGER,  LIU,  MAY,  MYRIE,  RAMOS, RIVERA, SALAZAR,
          SANDERS, SEPULVEDA, SERRANO, SKOUFIS -- read twice and ordered  print-
          ed,  and  when  printed to be committed to the Committee on Energy and
          Telecommunications

        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.
     9    (b) For the purposes of this subdivision and subdivisions  thirty-one,
    10  thirty-two,  thirty-three, thirty-four, thirty-five, thirty-six, thirty-
    11  seven,  thirty-eight,  thirty-nine,  forty,  forty-one,  forty-two   and
    12  forty-three  of this section, the following terms shall have the follow-
    13  ing meanings:
    14    (i) "renewable energy" shall have the same meaning as renewable energy
    15  systems as set forth in section sixty-six-p of the public service law.
    16    (ii) "renewable energy project" shall be defined as all infrastructure
    17  which generates, stores, distributes or transmits  renewable  energy  or
    18  thermal  energy  as  defined  in subparagraph (i) of this paragraph, and
    19  includes the construction, installation and/or  operation  of  ancillary
    20  facilities or equipment done in connection with any such renewable ener-
    21  gy  generating  projects,  including, but not limited to, energy storage

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00338-01-3

        S. 4134                             2

     1  systems, electric vehicle  charging  infrastructure  and  offshore  wind
     2  support  and  installation  vessels  owned  by  the  authority,  and the
     3  production, use, and sale of green hydrogen defined as hydrogen produced
     4  through electrolysis powered using one hundred percent renewable energy.
     5    31. Where a renewable energy site appropriate for New York state falls
     6  into  federal  jurisdiction,  the  authority  may  participate  in lease
     7  auctions in an attempt to obtain ownership of that area.
     8    32. (a) Notwithstanding any other  provision  of  law,  the  authority
     9  shall, on or after January first, two thousand thirty-one, only generate
    10  renewable  energy  and shall only purchase, acquire, plan, design, engi-
    11  neer, finance, and construct generation and transmission facilities  for
    12  the purpose of generating, storing, distributing and transmitting renew-
    13  able  energy.  The authority shall phase out its use of existing non-re-
    14  newable generation no later than December thirtieth, two thousand  thir-
    15  ty-one,  unless  the  authority  provides  to  its  trustees,  and makes
    16  publicly available, an attestation in writing, signed by the independent
    17  system operator and a representative of the regional clean energy hub in
    18  which the facility is located, identifying the existence of a  reliabil-
    19  ity  need.    The  authority  shall  work with the New York state energy
    20  research and development authority to provide any funding necessary  for
    21  a  regional  clean energy hub to meet the needs of this subdivision. The
    22  authority, in consultation with the independent system  operator,  shall
    23  ensure  that the phase out of its existing non-renewable generation does
    24  not lead to an increase in the delivery  of  out-of-state  non-renewable
    25  generation  into  the  New York state electric grid. For the purposes of
    26  this subdivision, a "reliability need" means an electricity system need,
    27  which if unmet, would result in a violation of the electric power system
    28  planning and operating policies, standards, criteria, guidelines, proce-
    29  dures, and rules promulgated by the North American Electric  Reliability
    30  Corporation ("NERC"), Northeast Power Coordinating Council ("NPCC"), and
    31  the New York State Reliability Council ("NYSRC"), as they may be amended
    32  from time to time.
    33    (b)  The  authority  shall  prioritize  funding, siting, building, and
    34  owning renewable energy projects which: (i) actively  benefit  disadvan-
    35  taged  communities as defined by the climate justice working group; (ii)
    36  minimize harm to wildlife, ecosystems, public health, and public safety;
    37  (iii) do not violate Indigenous rights or sovereignty;  and  (iv)  which
    38  are the most cost-effective to the state according to the best available
    39  cost  modeling  research.  The  types  of  renewable energy projects the
    40  authority builds shall be determined  and  prioritized  in  consultation
    41  with  affected labor unions and community organizations via the New York
    42  state energy research and development authority's regional clean  energy
    43  hubs.
    44    33.  (a)  Within  two years of the effective date of this subdivision,
    45  the authority shall make public a ten-year climate and resiliency  plan.
    46  Such  climate and resiliency plan shall be designed to minimize costs to
    47  ratepayers, while balancing the interests of employees, grid reliability
    48  and resiliency, disadvantaged communities  as  defined  by  the  climate
    49  justice working group, and the environment. Such plan shall be developed
    50  in  consultation  with the  New  York state independent system operator,
    51  the  New  York  state  energy research and  development  authority,  the
    52  New  York state department of public service, and climate and resiliency
    53  experts, labor organizations, environmental justice  communities,  resi-
    54  dential  and small business ratepayer advocates, and community organiza-
    55  tions via the  New  York state  energy research and development authori-
    56  ty's regional clean energy hubs. Such resiliency plan shall outline  the

        S. 4134                             3

     1  renewable energy projects the authority plans to build, how the authori-
     2  ty  plans  to phase out non-renewable assets and how the authority plans
     3  to comply with the climate leadership and community protection  act  and
     4  the  renewable energy targets in subdivisions thirty-two and thirty-four
     5  of this section, and efforts to improve energy and electric grid resili-
     6  ency.   The authority shall update  such  plan  annually,  after  public
     7  comment  and  a hearing. Such updated plan shall include a review of the
     8  state's progress towards the renewable energy goals of the climate lead-
     9  ership and community protection act. If the authority,  in  consultation
    10  with  the  New  York  state  energy  research and development authority,
    11  determines that the renewable energy goals of the climate leadership and
    12  community protection act are not likely to be met within  the  timeframe
    13  established  by the law, the authority shall include in the updated plan
    14  the renewable energy projects it plans to  build  to  ensure  the  state
    15  meets such goals, including the permit applications submitted, the stage
    16  of  each  project  in  the  development  process, when such projects are
    17  expected to be commissioned, and any barriers to deployment  experienced
    18  by  the authority. If the authority has identified a reliability need to
    19  maintain its existing non-renewable generation pursuant  to  subdivision
    20  thirty-two  of  this section, the authority shall identify in the annual
    21  report the renewable energy project, energy  storage  project,    trans-
    22  mission  or  distribution infrastructure, demand response, or other such
    23  project or projects that the authority, or another entity, only if  such
    24  entity   has   obtained   all   the  necessary  permits  and  has  begun
    25  construction, plans to develop to meet the reliability need.
    26    (b) Within two years of the effective date of  this  subdivision,  the
    27  authority  shall  make  public a democratization plan, with a mandate to
    28  implement the plan within two years of its completion.  Such plan  shall
    29  be  created  in partnership with, and codesigned with, a statewide alli-
    30  ance of community organizations with at least  five  years'  history  of
    31  working on energy democracy and implementation issues, providing funding
    32  for this alliance as necessary for their participation in the completion
    33  of the plan. Such plan shall ensure that the scale up of renewable build
    34  out across the state occurs in line with the principles of energy democ-
    35  racy and transparency.
    36    (c) The authority shall hold at least eight public hearings within two
    37  years  of  the effective date of this subdivision related to the climate
    38  and resiliency plan.  The hearing shall be publicized in  various  forms
    39  of  media,  including  but not limited to the authority's website, local
    40  newspapers and social media platforms, and shall also be accessible  via
    41  livestream.    In advance of such hearing, the authority shall conspicu-
    42  ously post written notice of such hearing in  all  authority  facilities
    43  and  New  York  state energy research and development authority regional
    44  clean energy hubs on a sign posted at each facility  entrance  and  exit
    45  used  by  employees, and shall provide at least two weeks advance notice
    46  of such hearing to authority customers by  directly  communicating  such
    47  notice  to  customer  phone, email and mailing lists.  Hearings shall be
    48  permitted between 12:00 PM to 3:00 PM and 6:00 PM to 9:00  PM,  and  the
    49  authority shall provide all speakers with the option to sign up to speak
    50  within  those  three hour windows such that no speaker shall wait longer
    51  than three hours to speak.   In  addition  to  oral  testimony,  written
    52  testimony  from  the  public  for such hearings shall be accepted by the
    53  authority no less than two weeks after each hearing.  Each speaker shall
    54  have at least three minutes to speak,  and  a  remote  option  shall  be
    55  provided  for submitting comments via video conference, phone, including
    56  short message services (SMS) text messages and/or written comment, which

        S. 4134                             4

     1  shall be read aloud. Provisions for translation services, American  sign
     2  language interpretation, closed captioning, and access to accommodations
     3  provided  by  the Americans with Disabilities Act shall be provided upon
     4  request.
     5    (d) The authority shall maintain all data, meeting minutes, recordings
     6  and documents that do not include personal customer information, includ-
     7  ing  but  not limited to depreciation schedules, annual financial state-
     8  ments of itemized spending, environmental impact statements,  cost-bene-
     9  fit  analyses,  climate  and  resiliency plans, renewable energy project
    10  plans, and annual reports on operations, customer service,  reliability,
    11  resiliency   and  sustainability.    All  such  data,  meeting  minutes,
    12  recordings and documents shall be  made  available  on  the  authority's
    13  website,  or  otherwise  made  accessible by the authority upon request.
    14  All such records shall be maintained as business records for  a  minimum
    15  of  ten years.  The state comptroller shall audit the authority at least
    16  once every two years until two thousand thirty-one to ascertain  whether
    17  the  authority  is  in  compliance  with  the  renewable  energy targets
    18  outlined in this subdivision and  subdivisions  thirty-two,  thirty-four
    19  and thirty-five of this section and whether the authority's spending and
    20  operations  are  effectively  and efficiently promoting the common good.
    21  The most recent comptroller audits shall also be made available  on  the
    22  authority's website, or otherwise made accessible by the authority  upon
    23  request.
    24    (e)  (i) The authority, in consultation with the New York state energy
    25  research and development authority and the  public  service  commission,
    26  shall  develop and conduct an energy efficiency and energy audit program
    27  to identify public buildings most in need of  retrofits  and  efficiency
    28  measures.   Such program shall provide for the installation of renewable
    29  heating and cooling systems, and, when feasible,  other  green  building
    30  projects as defined in section 58-0101 of the environmental conservation
    31  law, in public housing and public schools by the year two thousand thir-
    32  ty-six,  prioritizing first public affordable housing and public schools
    33  in disadvantaged communities. The authority shall hire authority employ-
    34  ees or contractors to perform energy audits, retrofits and  other  effi-
    35  ciency programs for these buildings, and provide incentives, in conjunc-
    36  tion  with the New York state energy research and development authority,
    37  for energy efficient appliances and induction stoves, as needed, to meet
    38  the climate goals outlined  in  the  climate  leadership  and  community
    39  protection  act.    If the buildings selected for this program need mold
    40  remediation measures or lead abatement measures to be carried out before
    41  energy efficiency measures can  be  safely  implemented,  the  authority
    42  shall also hire employees or contractors to perform lead abatement meas-
    43  ures and/or mold remediation measures for these buildings.
    44    (ii)  The authority shall annually post on its website a report evalu-
    45  ating the energy efficiency program, including, but not limited to,  the
    46  number of customers served by the efficiency program, the customer demo-
    47  graphics,  the  number  of  retrofits  and  energy audits performed, the
    48  number of jobs created and employee  demographics,  and  the  amount  of
    49  energy and dollars saved as a result of the program.
    50    (iii)  All work subject to this subdivision shall be considered public
    51  work, subject to articles eight and nine of the  labor  law,  and  shall
    52  utilize  a  project  labor  agreement. For purposes of this subdivision,
    53  "project labor agreement" shall mean a  pre-hire  collective  bargaining
    54  agreement  between  the  authority,  or  a  third party on behalf of the
    55  authority, and a bona fide building and construction trade labor  organ-
    56  ization establishing the labor organization as the collective bargaining

        S. 4134                             5

     1  representative  for  all  persons who will perform work on a public work
     2  project, and which provides that only contractors and subcontractors who
     3  sign a pre-negotiated agreement with the labor organization can  perform
     4  project  work.  All  contractors and subcontractors associated with this
     5  work shall be required to utilize apprenticeship agreements  as  defined
     6  by article twenty-three of the labor law.
     7    (f) The authority shall submit an annual report to the governor and to
     8  the legislature which shall be made available to the public. Such report
     9  shall include the:
    10    (A) Ten year climate and resiliency plan described in paragraph (a) of
    11  this subdivision;
    12    (B) Amount of energy produced by each facility;
    13    (C) Energy transferred between facilities within the authority;
    14    (D) Energy transferred outside of the authority for sale;
    15    (E) Kilowatt-hour sales by project;
    16    (F) Revenues and costs for each project facility;
    17    (G) Accumulated provision for depreciation of each project facility;
    18    (H)  Financial  and  operating  information  of  the energy efficiency
    19  program;
    20    (I) Enrollment in and effectiveness of renewable  energy  auto-enroll-
    21  ment, retrofit, and energy efficient appliance programs;
    22    (J) Any projected rate increase for the year; and
    23    (K)  An  analysis  of the authority's actions to ensure the state will
    24  meet the renewable energy goals of the climate leadership and  community
    25  protection act.
    26    34.  Notwithstanding  any  other provision of law, on or after January
    27  first, two thousand thirty-one, the authority shall be the sole provider
    28  of electricity to all  state  owned,  leased,  controlled,  or  operated
    29  buildings  and  on  or after January first, two thousand thirty-six, the
    30  authority shall be the sole provider of  electricity  to  all  municipal
    31  owned,  leased,  controlled, or operated buildings that use electricity.
    32  A municipal owned, leased, controlled, or operated  building  that  uses
    33  electricity may elect not to receive its energy supply from the authori-
    34  ty  if  (i) the authority's energy supply rate is higher than the energy
    35  supply rate of the utility in the municipal building's service  territo-
    36  ry,  as determined by the twelve-month average utility supply rate; (ii)
    37  the municipal building is being served by a municipal  electric  utility
    38  that  shall  supply  only renewable energy to the building; or (iii) the
    39  municipal building elects to participate in a  community  choice  aggre-
    40  gation program that shall supply only renewable energy to the building.
    41    35. (a) The authority is authorized to sell or provide renewable ener-
    42  gy  to  residential  end-use  customers and CCA communities.  Any excess
    43  renewable energy produced by the authority and not  used  or  stored  by
    44  state  or  municipal owned or leased buildings shall be sold directly to
    45  low-to-moderate income households  first,  prioritizing  low-to-moderate
    46  income  households  in  disadvantaged communities, and at a rate that is
    47  fifty percent less than the energy supply rate of  the  utility  in  the
    48  customer's  service  territory.  Any  remaining  excess renewable energy
    49  produced by the authority shall be sold to residential end-use customers
    50  or CCA's at the wholesale cost.  For the purposes of this paragraph, the
    51  term "low-to-moderate income  households"  shall  mean  households  with
    52  annual  incomes  at or below eighty percent of the area median income of
    53  the county or metro area where they reside.
    54    (b)  Within three years following the effective date of this  subdivi-
    55  sion,  the authority's trustees, in consultation with the New York state
    56  energy research and development authority's regional clean energy  hubs,

        S. 4134                             6

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

        S. 4134                             7

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

        S. 4134                             8

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

        S. 4134                             9

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