Bill Text: NY S06453 | 2021-2022 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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 26-0)

Status: (Engrossed - Dead) 2022-06-01 - referred to ways and means [S06453 Detail]

Download: New_York-2021-S06453-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6453--A

                               2021-2022 Regular Sessions

                    IN SENATE

                                     April 29, 2021
                                       ___________

        Introduced  by  Sens. PARKER, SALAZAR, ADDABBO, BAILEY, BIAGGI, BRESLIN,
          BRISPORT, CLEARE, GIANARIS, HOYLMAN, JACKSON,  KAVANAGH,  MAY,  MYRIE,
          RAMOS,  RIVERA, SANDERS, SEPULVEDA, SERRANO, SKOUFIS -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Energy and Telecommunications -- recommitted to the Committee on Ener-
          gy  and Telecommunications in accordance with Senate Rule 6, sec. 8 --
          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  twelve  new subdivisions 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, and
     5  39 to read as follows:
     6    28. (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 twenty-nine,
    10  thirty,  thirty-one, thirty-two, thirty-three, thirty-four, thirty-five,
    11  thirty-six, thirty-seven, thirty-eight, and thirty-nine of this section,
    12  the following terms shall have the following meanings:
    13    (i) "renewable energy" shall be defined as  renewable  electricity  or
    14  thermal  energy  that does not emit greenhouse gases or other pollutants
    15  including, but not limited to,  photovoltaics  (solar),  land-based  and
    16  offshore  wind,  run-of-the-river and existing New York state hydroelec-
    17  tric, geothermal electric, tidal energy,  wave  energy,  battery  energy
    18  storage systems, pumped hydroelectric energy storage systems, and renew-
    19  able  thermal  energy  technology  such as solar thermal, air-source and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05455-18-2
        S. 6453--A                          2

     1  ground-source heat  pumps,  renewable  co-generation,  district  heating
     2  systems,  systems  designed  to  capture waste heat, or other heating or
     3  cooling technologies using renewable sources of energy that do not  emit
     4  greenhouse  gases or other pollutants; provided, however, that such term
     5  shall not include nuclear energy, carbon capture and storage technology,
     6  or any form of fossil fuels or combustion-based energy which relies upon
     7  building new fossil fuel infrastructure or extending the use  of  fossil
     8  fuel  infrastructure  including,  but  not limited to, gas, propane, and
     9  oil, or any form of combustion-based energy including, but  not  limited
    10  to  any  type  of  hydrogen  fuel,  including brown, grey, blue, or pink
    11  hydrogen, biofuel, biogas, biomass, or renewable natural gas.   However,
    12  the authority shall be enabled to produce, use, and sell green hydrogen,
    13  defined  as  hydrogen  produced through even electrolysis using only one
    14  hundred percent renewable energy, for energy storage in a fuel  cell  as
    15  well as hard-to-electrify industrial processes and heavy-duty transport,
    16  such  as  shipping, aviation, and long-distance trucking.  However, this
    17  green hydrogen shall not be used  or  sold  for  the  purpose  of  being
    18  combusted,  whether  in  a fossil fuel plant or any other power plant to
    19  generate electricity, nor shall it be sold or used for  the  purpose  of
    20  heating buildings, cooking, or hot water, as building electrification is
    21  a  safer,  more  feasible,  and more cost-effective approach to building
    22  decarbonization.
    23    (ii) "renewable energy project" shall be defined as all infrastructure
    24  which generates, stores, distributes or transmits  renewable  energy  or
    25  thermal  energy  as  defined  in subparagraph (i) of this paragraph, and
    26  includes the construction, installation and/or  operation  of  ancillary
    27  facilities or equipment done in connection with any such renewable ener-
    28  gy  generating projects, including, but not limited to, electric vehicle
    29  charging infrastructure and renewable offshore wind vessels.
    30    29. (a) The authority shall have the right of first  offer  and  first
    31  refusal to and shall coordinate with the department of state's office of
    32  renewable energy siting (ORES) to purchase, acquire, plan, design, engi-
    33  neer,  finance,  construct,  operate,  manage,  improve  and/or maintain
    34  renewable energy projects over twenty-five megawatts and to own and sell
    35  any power or energy  created  by  such  renewable  energy  project.  The
    36  authority  shall  have  sixty days to commit to a project. The authority
    37  shall also have the right of first offer and first refusal  to  purchase
    38  planned, future, and existing renewable energy projects.
    39    (b) Where a renewable energy site appropriate for New York state falls
    40  into  federal  jurisdiction,  the  authority  shall participate in lease
    41  auctions in an attempt to obtain ownership of that area.
    42    30. Notwithstanding any other provision of law, to, on or after  Janu-
    43  ary  first, two thousand twenty-five, only generate and transmit renewa-
    44  ble energy and the authority shall only purchase, acquire, plan, design,
    45  engineer, finance, construct, operate, manage, improve  and/or  maintain
    46  generation  and  transmission  facilities for the purpose of generating,
    47  storing, distributing and transmitting renewable energy.  The  authority
    48  shall  phase out its use of existing non-renewable generation as quickly
    49  as possible but no later than December thirtieth, two  thousand  twenty-
    50  five,  as  it  scales up renewable energy generation to meet one hundred
    51  percent of all state and municipal energy needs and the energy needs  of
    52  all public and private buildings and properties powered by the authority
    53  with  renewable  energy  by  two  thousand  twenty-six, and it shall not
    54  purchase, plan, finance, or construct  any  new  generation  project  or
    55  energy infrastructure which is not a renewable energy project or part of
    56  a  renewable  energy  project.   The authority shall prioritize funding,
        S. 6453--A                          3

     1  building, and owning renewable energy projects which: (a) actively bene-
     2  fit disadvantaged communities as defined by the climate justice  working
     3  group;  (b)  minimize  harm  to wildlife, ecosystems, public health, and
     4  public  safety; (c) do not violate Indigenous rights or sovereignty; and
     5  (d) which are the most cost-effective to the state according to the best
     6  available cost modeling research. The types of renewable energy projects
     7  the authority builds shall be determined and prioritized in consultation
     8  with community groups, New York state energy  research  and  development
     9  authority's  regional  clean  energy  hubs, and environmental and energy
    10  experts.  The authority shall also convert all state and municipal prop-
    11  erties and authority powered privately owned buildings to receive  heat-
    12  ing and cooling from renewable energy sources by two thousand thirty.
    13    31.  (a)  Within  two years of the effective date of this subdivision,
    14  the authority shall make public a ten-year climate and resiliency  plan.
    15  Such climate and resiliency plan shall be designed to minimize the costs
    16  to ratepayers while balancing the interests of employees, grid reliabil-
    17  ity  and resiliency, disadvantaged communities as defined by the climate
    18  justice working group and the environment. Such plan shall be  developed
    19  in  consultation  with the  New  York state independent system operator,
    20  the  New  York  state  energy research and  development  authority,  and
    21  experts,  environmental  justice  communities,  ratepayers and community
    22  organizations via the  New  York state  energy  research and development
    23  authority's regional clean  energy  hubs.  Such  resiliency  plan  shall
    24  outline  the  renewable  projects  the authority plans to build, how the
    25  authority plans to phase out non-renewable assets and how the  authority
    26  plans to comply with the climate leadership and community protection act
    27  and the renewable energy targets outlined in this subdivision and subdi-
    28  visions twenty-nine, thirty and thirty-two of this section. The authori-
    29  ty  shall also outline a plan to improve energy resiliency and if neces-
    30  sary to meet the authority's renewable energy targets, shall  coordinate
    31  with  the  New  York  state independent system operator to re-adjust the
    32  locational capacity requirements for each region in the  state.    Addi-
    33  tionally,  within  two  years of the effective date of this subdivision,
    34  the authority shall make public a democratization plan, with  a  mandate
    35  to  implement  the  plan  within two years of its completion.  Such plan
    36  shall be created in partnership with, and codesigned with,  a  statewide
    37  alliance of community organizations with at least five years' history of
    38  working on energy democracy and implementation issues, providing funding
    39  for this alliance as necessary for their participation in the completion
    40  of the plan. Such plan shall ensure that the scale up of renewable build
    41  out across the state occurs in line with the principles of energy democ-
    42  racy and transparency.
    43    (b)  (i) The authority shall hold as many public hearings as is needed
    44  to accommodate all who sign up to speak  related  to  such  climate  and
    45  resiliency  plan  annually, and may update such plan annually as needed.
    46  The hearing shall be publicized in various forms of media, including but
    47  not limited to the authority's  website,  local  newspapers  and  social
    48  media  platforms,  and  shall  also  be  accessible via livestream.   In
    49  advance of such hearing, the authority shall conspicuously post  written
    50  notice  of  such  hearing in all authority facilities and New York state
    51  energy research and development authority New York state energy research
    52  and development authority's regional clean energy hubs on a sign  posted
    53  at  each facility entrance and exit used by employees, and shall provide
    54  at least two weeks advance notice of such hearing to authority customers
    55  by directly communicating such notice to customer phone, email and mail-
    56  ing lists.  Hearings shall be permitted between 12:00 PM to 3:00 PM  and
        S. 6453--A                          4

     1  6:00  PM  to  9:00 PM, and the authority shall provide all speakers with
     2  the option to sign up to speak within those three hour windows such that
     3  no speaker shall wait longer than three hours to speak. All speakers who
     4  sign  up shall publicly disclose whether they are being paid to speak at
     5  the hearing, and if so, who they are being paid by.  In addition to oral
     6  testimony, written testimony from the public for such hearings shall  be
     7  accepted  by  the  authority  no less than two weeks after each hearing.
     8  Each speaker shall have at least three minutes to speak,  and  a  remote
     9  option  shall  be provided for submitting comments via video conference,
    10  phone, including short message services (SMS) text messages and/or writ-
    11  ten comment, which shall be read aloud. Provisions for childcare, trans-
    12  lation services, American sign language interpretation, closed  caption-
    13  ing,  and  access  to  accommodations  provided  by  the  Americans with
    14  Disabilities Act shall be provided upon request.
    15    (ii) The authority shall maintain an online suggestion board where the
    16  public may submit recommendations to be voted on by other members of the
    17  public. The top five suggestions shall be discussed publicly  and  shall
    18  be voted on by the authority's board at the annual public hearing. Other
    19  suggestions  may  be taken into consideration at the board's discretion.
    20  All data, meeting minutes, recordings and documents that do not  include
    21  personal customer information, including but not limited to depreciation
    22  schedules,  annual  financial  statements of itemized spending, environ-
    23  mental impact statements, cost-benefit analyses, climate and  resiliency
    24  plans, renewable energy project plans, and annual reports on operations,
    25  customer  service,  reliability, resiliency and sustainability, shall be
    26  made available on the authority's website, or otherwise made  accessible
    27  by  the authority upon request.  All such records shall be maintained as
    28  business records for a minimum of ten  years.    The  state  comptroller
    29  shall  audit the authority at least once every two years until two thou-
    30  sand thirty to ascertain whether the authority is in compliance with the
    31  renewable energy targets outlined in this subdivision  and  subdivisions
    32  twenty-nine,  thirty,  thirty-two  and  thirty-three of this section and
    33  whether the authority's spending and operations are efficient.  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    (c)  (i)  The  authority shall conduct an energy efficiency and energy
    38  audit program to identify public and private buildings most in  need  of
    39  retrofits  and  efficiency  measures. The authority shall hire authority
    40  employees or contractors to perform energy audits, retrofits  and  other
    41  efficiency  programs  for these buildings, such as incentives for energy
    42  efficient appliances and  induction  stoves,  as  needed,  to  meet  the
    43  climate   goals   outlined  in  the  climate  leadership  and  community
    44  protection act.   The authority shall prioritize  public  buildings  and
    45  low-income  customers and tenants to receive the benefits of these effi-
    46  ciency programs and  retrofits.  If  the  buildings  selected  for  this
    47  program  need mold remediation measures or lead abatement measures to be
    48  carried out before energy efficiency measures can be safely implemented,
    49  the authority shall also hire employees or contractors to  perform  lead
    50  abatement measures and/or mold remediation measures for these buildings.
    51    (ii)  The authority or the New York state energy research and develop-
    52  ment authority shall annually post and maintain for at least one year on
    53  their website,  a  report  evaluating  the  energy  efficiency  program,
    54  including,  but  not  limited  to, the number of customers served by the
    55  efficiency program, the customer demographics, the number  of  retrofits
    56  and  energy  audits  performed,  the number of jobs created and employee
        S. 6453--A                          5

     1  demographics, and the amount of energy and dollars saved as a result  of
     2  the program.
     3    The  authority  shall also submit an annual report to the governor and
     4  to the legislature which shall be made available to the public and shall
     5  be subject to open  hearings  in  the  legislature.  Such  report  shall
     6  include the:
     7    (A) Ten year climate and resiliency plan described in paragraph (a) of
     8  this subdivision;
     9    (B) Amount of energy produced by each facility;
    10    (C) Energy transferred between facilities within the authority;
    11    (D) Energy transferred outside of the authority for sale;
    12    (E) Kilowatt-hour sales by project and by customer;
    13    (F) Revenues and costs for each project facility;
    14    (G) Accumulated provision for depreciation of each project facility;
    15    (H)  Financial  and  operating  information  of  the energy efficiency
    16  program; and
    17    (I) Enrollment in and effectiveness of renewable  energy  auto-enroll-
    18  ment, retrofit, and energy efficient appliance programs.
    19    32.  Notwithstanding  any  other  provision of law, including existing
    20  electric vehicle charging stations and opt out provisions of CCAs, to be
    21  the sole provider of electricity and power to all  state  and  municipal
    22  owned,  leased, controlled, or operated properties that use electricity,
    23  including but not limited to all  buildings  and  transportation-related
    24  properties  such  as trains, subways and subway stations, vessels, elec-
    25  trified buses and vehicles,  and  public  or  private  electric  vehicle
    26  charging stations.
    27    33.  (a)  To sell or provide renewable energy to end-use customers and
    28  CCA communities using the transmission or  distribution  system  of  any
    29  utility with consolidated billing.  Any excess renewable energy produced
    30  by  the  authority and not used or stored by state or municipal owned or
    31  leased properties shall be sold directly to end-use customers or  CCA's,
    32  wholesale,  using  utility's  transmission  or distribution systems. The
    33  authority shall sell this energy, in order of  lowest  cost  to  highest
    34  cost,  with  the exception of current and future ReCharge NY recipients,
    35  to low-to-moderate income households or households that have  an  energy
    36  burden  greater than four percent of their annual income first; followed
    37  by state or municipal owned or leased properties; followed by  customers
    38  who  have  installed  electric heat pumps; followed by other residential
    39  customers; followed by other commercial and industrial  customers.  This
    40  subdivision  shall  not interfere with the authority's existing ReCharge
    41  program.  For the purposes of this paragraph, the term  "low-to-moderate
    42  income households" shall mean households with annual incomes at or below
    43  eighty  percent  of  the  area median income of the county or metro area
    44  where they reside.
    45    (b) There shall be no electricity rate increase for  the  first  three
    46  years  following the effective date of this subdivision. After the first
    47  three years following the effective date of this subdivision, a progres-
    48  sive rate structure based on income and level of energy shall be  devel-
    49  oped in consultation with the authority and communities via the New York
    50  state  energy research and development authority's regional clean energy
    51  hubs.
    52    (c) The authority shall discourage the shut  off  of  any  residential
    53  customer's  energy  for  non-payment  and shall discourage the charge of
    54  punitive late fees by collaborating  with  distribution  companies.  The
    55  authority  shall work with the low income home energy assistance program
    56  to assist low-income customers with payment  plans  and  to  develop  an
        S. 6453--A                          6

     1  emergency  fund  to  cover instances of non-payment. Notwithstanding any
     2  other provision to the contrary, the authority may impose penalties  for
     3  large  energy users and may incentivize energy conservation with rebates
     4  and  discounts  on  energy  efficient  products, to be determined by the
     5  authority's board  in  consultation  with  the  New  York  state  energy
     6  research and development authority.
     7    (d)  The  authority  is authorized to sell up to thirty percent of the
     8  electricity that it provides to residential and commercial customers  to
     9  customers  of  the  long island power authority, established under title
    10  one-A of this article, and the long island power authority is authorized
    11  to purchase this power.
    12    34. All new renewable projects designed, built, owned and operated  by
    13  the  authority and energy efficiency programs designed, built, owned and
    14  operated by the authority shall pay  a  prevailing  wage  and  shall  be
    15  subject  to  project labor agreements. These prevailing wage and project
    16  labor agreement provisions shall apply both to the authority's employees
    17  and to contractors hired for the construction  and  operation  of  these
    18  projects.  There  shall be no emergency strike funds, nor shall there be
    19  ratepayer funded management contract negotiation  funds;  the  authority
    20  and its contractors and subcontractors shall at a minimum remain neutral
    21  to  unionization efforts. Furthermore, the authority shall contribute to
    22  a just transition fund, which shall make funding available  for  workers
    23  who  lose jobs as a result of these measures, provided that this funding
    24  is used for retraining for other roles or  used  to  contribute  to  the
    25  retirement  of  these  workers. This fund and a just transition plan for
    26  any fossil fuel, nuclear, energy service company, or other employees who
    27  lose their jobs as a result of this bill or as a result of  the  transi-
    28  tion  to renewables, shall be developed by the authority in consultation
    29  with labor unions and impacted employees.
    30    35. (a) The authority shall partner with both the office of  renewable
    31  energy  siting  and  the  New York state energy research and development
    32  authority's regional clean energy hubs  to  determine  siting  of  large
    33  scale renewable and distributed renewable projects, prioritizing:
    34    (i)  the  preferences  of,  land rights of, and benefits to indigenous
    35  nations;
    36    (ii) preferences of and benefits to disadvantaged communities; and
    37    (iii) overall cost optimization of  distributed  generation  resources
    38  for  the  state  overall as demonstrated by the most recent and detailed
    39  available energy modeling.
    40    36. The authority shall, when feasible, prioritize projects that  make
    41  a  good  faith effort to source materials manufactured within the state,
    42  including, but not limited to, solar panels and batteries.
    43    37. The authority  shall  work  with  existing  workforce  development
    44  programs,  union  apprenticeship programs, and regional community energy
    45  hubs to publish a report on the ways that the construction of  renewable
    46  projects  can  best  support the development of skilled, well paid local
    47  workforces in the renewable energy sector, and shall  provide  financial
    48  support  for  pre-apprenticeship  programs through local community based
    49  organizations  that  work  with  disadvantaged  communities  where  this
    50  support  is  found  to be necessary to the effective development of this
    51  workforce according to the report.
    52    38. The authority shall support the bundling of distributed  renewable
    53  energy  projects  wherever  possible to exceed the five megawatt project
    54  threshold that ensures prevailing wage under current law.
    55    39. For energy projects that the authority builds on properties of the
    56  New York city housing  authority,  including  heat  pump  installations,
        S. 6453--A                          7

     1  retrofits, weatherization measures, and lead, mold, and asbestos remedi-
     2  ation,  both  the  authority and its contractors shall prioritize hiring
     3  residents of these properties, provided that  residents  meet  consider-
     4  ations  of  availability,  skill  level and training, and that residents
     5  want those jobs. If they do, the authority must connect those  residents
     6  with  training  or union apprenticeship opportunities that would prepare
     7  them for long-term careers in those industries. No  provisions  of  this
     8  subdivision shall alter the status of any Section 9 housing. The author-
     9  ity  shall  consult  the  residents or occupants of all public buildings
    10  where the authority is building projects to assess their needs and mini-
    11  mize disruption, nuisance, public health risks, and displacement  during
    12  any  remediation,  retrofit, weatherization, heat pump installations, or
    13  other construction the authority or its contractors perform.
    14    § 3. Section 1003 of the public authorities law, as amended by chapter
    15  766 of the laws of 2005, is amended to read as follows:
    16    § 1003. Trustees. 1. The authority shall consist of [seven]  seventeen
    17  trustees,  five  of whom shall serve respectively for terms of one, two,
    18  three, four and five years, to be appointed by the governor, by and with
    19  the advice and consent of the senate. The  sixth  and  seventh  trustees
    20  shall  be  appointed by the governor, by and with the advice and consent
    21  of the senate, and shall serve  initial  terms  of  one  and  two  years
    22  respectively.    All  other  trustees shall be appointed by the regional
    23  clean energy hubs and  community  organizations  from  across  New  York
    24  State,  and  shall  include: (a) two who are representative of the labor
    25  unions that represent employees of the authority; (b) two with  a  back-
    26  ground primarily in environmental justice advocacy; (c) two with a back-
    27  ground  primarily in community renewable energy advocacy; (d) two with a
    28  background in consumer advocacy; (e) two with  building  electrification
    29  expertise; and (f) two with energy efficiency expertise. No person shall
    30  be  a  trustee  of the authority who has a provable conflict of interest
    31  with the authority's mission to provide low cost renewable energy.  Each
    32  trustee shall hold office until a successor has been appointed and qual-
    33  ified  or  until  removed  by  a majority vote of the legislature or the
    34  governor.  At the expiration of the term of each  trustee  and  of  each
    35  succeeding  trustee  [the  governor  shall,  by  and with the advice and
    36  consent of the senate, appoint a successor, who shall hold office for  a
    37  term  of  five years, or until a successor has been appointed and quali-
    38  fied. In the event of a vacancy occurring in the office of  the  trustee
    39  by  death, resignation or otherwise, the governor shall, by and with the
    40  advice and consent of the senate, appoint a successor,  who  shall  hold
    41  office  for  the unexpired term. Four trustees shall constitute a quorum
    42  for the purpose of organizing the authority and conducting the  business
    43  thereof.],  or  the  event  of  a vacancy occurring in the office of the
    44  trustee by death, resignation or otherwise, the  original  entities  who
    45  appointed  that trustee shall appoint a successor, who shall hold office
    46  for the unexpired term. Nine trustees shall constitute a quorum for  the
    47  purpose of organizing the authority and conducting the business thereof.
    48  Any  authority  trustee  or  board  member may be terminated by either a
    49  majority vote of the senate or assembly, or by the governor. Reasons for
    50  termination may include, but are not limited to:  failure  to  meet  the
    51  renewable  energy  targets outlined in this bill; conflicts of interest;
    52  failure to prioritize climate justice, environmental justice, or econom-
    53  ic justice in the authority's operations; sexual assault or  harassment;
    54  or corruption.
    55    2.  The trustee chosen as chairman as provided in section one thousand
    56  four of this title, shall receive an annual salary which shall be set by
        S. 6453--A                          8

     1  the trustees of the authority, and which shall  not  exceed  the  salary
     2  prescribed  for the positions listed in paragraph (f) of subdivision one
     3  of section one hundred sixty-nine of  the  executive  law.  [Each  other
     4  trustee  shall not receive a salary or other compensation.] Each trustee
     5  shall receive his or her reasonable expenses in the performance  of  his
     6  or  her  duties  hereunder.  The trustee chosen as chairman may elect to
     7  become a member of the New York state and  local  employees'  retirement
     8  system  on  the  basis  of such compensation to which he or she shall be
     9  entitled as herein provided notwithstanding the provisions of any gener-
    10  al, special or local law, municipal charter, or ordinance.
    11    § 4. The public authorities law is amended by  adding  a  new  section
    12  1016 to read as follows:
    13    §  1016.  For-profit  energy services companies.  No for-profit energy
    14  services company, their contractors, and/or their agents shall  seek  to
    15  enroll  or  market  the company's services to new residential customers.
    16  The term "market" shall include any and all  promotion  or  outreach  to
    17  residential  customers in an attempt to get them to enroll in the compa-
    18  ny's services. Within ninety days of the effective date of this section,
    19  for-profit energy services  companies  shall  unenroll  any  residential
    20  customer  that  they  currently serve. However, energy service companies
    21  may continue selling, enrolling or marketing their services to community
    22  choice aggregation customers.
    23    § 5. Nothing in this act is intended to limit, impair, or  affect  the
    24  legal  authority  of  the power authority of the state of New York under
    25  any other provision of title 1 of article 5 of  the  public  authorities
    26  law.
    27    §  6.  No section of this act or any action required to be taken under
    28  this act shall be delayed or made contingent upon the completion of  the
    29  plan  required  by subdivision 31 of section 1005 of the public authori-
    30  ties law, as added by section two of this act.
    31    § 7. Severability clause.  If any clause, sentence, paragraph,  subdi-
    32  vision,  or section of this act shall be adjudged by any court of compe-
    33  tent jurisdiction to be invalid, such judgment shall not affect, impair,
    34  or invalidate the remainder thereof, but shall be confined in its opera-
    35  tion to the clause, sentence, paragraph, subdivision, or section thereof
    36  directly involved in the controversy in which such judgment  shall  have
    37  been rendered. It is hereby declared to be the intent of the legislature
    38  that  this  act  would have been enacted even if such invalid provisions
    39  had not been included herein.
    40    § 8. This act shall take effect immediately.