Bill Text: NY S08676 | 2023-2024 | General Assembly | Introduced
Bill Title: Enacts the "Livable New York act" to fight back against climate change, provide additional affordable housing and provide employment opportunities for formerly incarcerated individuals.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-02-28 - REFERRED TO FINANCE [S08676 Detail]
Download: New_York-2023-S08676-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8676 IN SENATE February 28, 2024 ___________ Introduced by Sen. RIVERA -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the state finance law, the public authorities law, the energy law, the emergency tenant protection act of nineteen seventy- four, the correction law, the tax law, the executive law and the labor law, in relation to enacting the Livable New York act; and making an appropriation therefor 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 "Livable New York act". 3 § 2. Legislative findings. The legislature hereby finds that all New 4 Yorkers deserve a livable future. To effectuate this future, New York 5 must act quickly to fight back against climate change and provide addi- 6 tional affordable housing. 7 § 3. The state finance law is amended by adding a new section 99-rr to 8 read as follows: 9 § 99-rr. Livable New York fund. 1. There is hereby established in the 10 joint custody of the commissioner of taxation and finance and the state 11 comptroller a special fund to be known as the "livable New York fund". 12 2. The comptroller shall establish the following separate and distinct 13 accounts within the livable New York fund: 14 (a) energy efficiency transition account; and 15 (b) housing and code enforcement account. 16 3. (a) The livable New York fund energy efficiency transition account 17 shall consist of moneys appropriated, credited, or transferred thereto 18 from any other fund or source pursuant to law. Moneys of the account 19 shall be expended for the purposes of providing benefits to help exist- 20 ing housing units transition to high energy efficiency appliances. 21 (b) The livable New York fund housing and code enforcement account 22 shall consist of moneys appropriated, credited, or transferred thereto 23 from any other fund or source pursuant to law. Moneys of the account 24 shall be expended for the purposes of providing funding for a housing 25 development subsidy set forth pursuant to title two of article thirteen EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14631-02-4S. 8676 2 1 of the executive law, as well as making funding available for localities 2 to use for code enforcement, and any other such purposes as provided for 3 by law. 4 4. Moneys in the livable New York fund shall be kept separate from and 5 shall not be commingled with any other moneys in the custody of the 6 comptroller or the commissioner of taxation and finance. Provided, 7 however, that any moneys of the fund not required for immediate use may, 8 at the discretion of the comptroller, in consultation with the director 9 of the division of budget, be invested by the comptroller in obligations 10 of the United States or the state. The proceeds of any such investment 11 shall be retained by the fund as assets to be used for the purposes of 12 the fund. 13 § 4. The public authorities law is amended by adding a new section 14 1885 to read as follows: 15 § 1885. Energy efficiency transition program. 1. The authority, in 16 consultation with the department of public service, shall establish a 17 program to aid in the transition of all existing housing units heating 18 and cooling from reliance on combusting oil and gas, to electric heat 19 pumps and other high energy efficiency upgrades, systems and services. 20 2. Using funds made available from the livable New York fund as set 21 forth in section ninety-nine-rr of the state finance law, the authority 22 shall ensure that any building or household existing in a disadvantaged 23 community, as such term is defined in section 75-0101 of the environ- 24 mental conservation law, or buildings housing formerly-incarcerated 25 individuals, with a priority to buildings owned by low-income homeowners 26 or rented to low-income tenants, shall be eligible for full-cost funding 27 for the procurement and installation of equipment to be compliant with 28 the energy efficiency standards set forth under section 11-104 of the 29 energy law, including the procurement and installation of non-fossil 30 fuel heating and cooling and hot water systems and other high energy 31 efficiency systems, including electrical panel and wiring upgrades and 32 induction or electric stoves. For purposes of this paragraph, installa- 33 tion shall also include bringing eligible housing into a state of good 34 repair. 35 3. Using funds made available from the livable New York fund as set 36 forth in section ninety-nine-rr of the state finance law, the authority 37 shall create a program to pay up to fifty thousand dollars per unit for 38 any privately owned residential housing for the procurement and instal- 39 lation of equipment to be compliant with the energy efficiency standards 40 set forth under section 11-104 of the energy law, including the procure- 41 ment and installation of non-fossil fuel heating and cooling and hot 42 water systems and other high energy efficiency systems, including elec- 43 trical panel and wiring upgrades and induction or electric stoves, as 44 well as to ensure that such housing is in a state of good repair. 45 4. Using funds made available from the livable New York fund as set 46 forth in section ninety-nine-rr of the state finance law, the authority 47 shall subsidize the procurement and installation of equipment to be 48 compliant with the energy efficiency standards set forth under section 49 11-104 of the energy law, including the procurement and installation of 50 non-fossil fuel heating and cooling and hot water systems and other high 51 energy efficiency systems, for all public housing units throughout the 52 state, as well as to ensure that such housing is in a state of good 53 repair. 54 5. Using funds made available from the livable New York fund as set 55 forth in section ninety-nine-rr of the state finance law, the authority 56 shall establish affordability programs to pay any additional costs ofS. 8676 3 1 utility bills in order to ensure that no low-to-moderate income house- 2 holds face a higher cost for heating and cooling that may be incurred as 3 a result of conversion to electric heat pumps and/or other high energy 4 efficiency equipment for heating and cooling. For the purposes of this 5 paragraph "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 6. (a) The authority shall promulgate requirements for eligibility to 9 receive funds under this program which prohibit buildings from initiat- 10 ing eviction proceedings, fail to renew a lease or otherwise seek to 11 remove a tenant from housing accommodation, except: 12 (i) in situations of non-payment of rent; 13 (ii) where the tenant is violating a substantial obligation of the 14 tenancy and has failed to cure such violation within ten days; 15 (iii) where the tenant is committing or permitting a nuisance in the 16 housing accommodation; 17 (iv) where the tenant's occupancy or use or permitted use of the hous- 18 ing accommodation is in violation of the law; or 19 (v) where the tenant has unreasonably refused the landlord's access to 20 the housing accommodation for the purpose of making repairs and improve- 21 ments. 22 (b) A rent increase is presumed to be unreasonable and, therefore, not 23 a basis for eviction, if it exceeds either three percent of the previous 24 rental amount or one and one-half times the annual percentage change in 25 the consumer price index for the relevant region, whichever is higher. 26 7. The authority shall promulgate requirements for eligibility to 27 receive funds under this program over fifty thousand dollars, which 28 include that all work done in the procurement and installation of non- 29 fossil fuel heating systems on state-owned properties or in properties 30 that receive subsidies from the state shall be considered public work, 31 subject to articles eight and nine of the labor law and shall utilize a 32 project labor agreement. For purposes of this subdivision, "project 33 labor agreement" shall mean a pre-hire collective bargaining agreement 34 between the authority, or a third party on behalf of the authority, and 35 a bona fide building and construction trade labor organization estab- 36 lishing the labor organization as the collective bargaining represen- 37 tative for all persons who will perform work on a public work project, 38 and which provides that only contractors and subcontractors who sign a 39 pre-negotiated agreement with the labor organization can perform project 40 work. All contractors and subcontractors associated with this work shall 41 be required to utilize apprenticeship agreements as defined by article 42 twenty-three of the labor law. 43 8. The authority, in consultation with the department of corrections 44 and community supervision, shall promulgate requirements for eligibility 45 to receive funds under this program over fifty thousand dollars, all 46 work done in the procurement and installation of non-fossil fuel heating 47 systems on state-owned properties or in properties that receive subsi- 48 dies from the state shall, to the greatest extent possible, provide 49 training and hiring of formerly incarcerated individuals. 50 9. (a) Nothing in this program shall alter the rights or benefits, and 51 privileges, including, but not limited to terms and conditions of 52 employment, civil service status, and collective bargaining unit member- 53 ship, of any current employees of the authority. 54 (b) Nothing in this program shall result in: (i) the discharge, 55 displacement, or loss of position, including partial displacement such 56 as a reduction in the hours of non-overtime work, wages, or employmentS. 8676 4 1 benefits; (ii) the impairment of existing collective bargaining agree- 2 ments; or (iii) the transfer of existing duties and functions. 3 10. No later than December first, two thousand twenty-four, the 4 authority shall determine the minimum energy efficiency standards for 5 buildings. 6 11. The authority shall issue relevant guidance regarding changes set 7 forth in subdivisions seven and eight of section 11-104 of the energy 8 law, including programs offered by the authority that will provide fund- 9 ing to assist with compliance with such subdivisions. The authority 10 shall make such information available by engaging and paying for large- 11 scale advertising, mailings, door-to-door canvassing, community 12 outreach, programming in schools, and anything else the authority deems 13 necessary and reasonable to ensure the public is fully aware and that a 14 wide understanding that such programs exist is achieved in the public in 15 all regions and demographics of the state. 16 § 5. Subdivisions 2 and 4 of section 1-103 of the energy law, as 17 amended by chapter 83 of the laws of 1995, are amended to read as 18 follows: 19 2. "Office" as used in sections 5-108, 5-111, 5-113, and 5-117 of 20 article five and articles six, seven, eight [and], ten and twenty-two of 21 this chapter shall mean the New York state energy research and develop- 22 ment authority established pursuant to article eight of the public 23 authorities law. 24 4. "Commissioner" as used in sections 5-108, 5-111, 5-113, and 5-117 25 of article five and articles six, seven, eight [and], ten and twenty-two 26 of this chapter shall mean the president of the New York state energy 27 research and development authority. 28 § 6. The energy law is amended by adding a new article 22 to read as 29 follows: 30 ARTICLE 22 31 BUILDING ENERGY AND EMISSIONS LIMITS 32 Section 22-101. Purpose. 33 22-103. Emissions limits in buildings under ten thousand square 34 feet. 35 22-105. Emissions limits in buildings ten thousand square feet 36 and larger. 37 22-107. Exemptions. 38 § 22-101. Purpose. In furtherance of the policy set forth by the New 39 York state climate leadership and community protection act, the legisla- 40 ture hereby directs that building energy and emissions limits be adopted 41 to protect the health, safety and security of the people of the state 42 and to assure that clean energy is used in design and construction of 43 all public and private buildings in the state, as well as to further the 44 economic development of the state, including the creation of good, 45 career-supporting jobs and to lower utility bills through energy effi- 46 ciency. 47 § 22-103. Emissions limits in buildings under ten thousand square 48 feet. 1. After December thirty-first, two thousand twenty-nine, no 49 person shall be permitted to replace systems using combustion of any 50 substance for heating or cooling or providing hot water for a building 51 under ten thousand square feet with anything that causes the combustion 52 of any substance that emits twenty-five kilograms or more of carbon 53 dioxide per million British thermal units of energy, as determined by 54 the United States energy information administration.S. 8676 5 1 2. Notwithstanding the prohibition in subdivision one of this section, 2 combustion of a substance that emits twenty-five kilograms of carbon 3 dioxide per million British thermal units of energy or more shall be 4 permitted for use within such a building where the combustion of such 5 substance occurs in connection with a device that contains no connection 6 to a building's gas supply line or fuel oil piping system, is used on an 7 intermittent basis, and is not used to supply a building with heat, 8 cooling or hot water. 9 § 22-105. Emissions limits in buildings ten thousand square feet and 10 larger. 1. After December thirty-first, two thousand thirty-four, no 11 person shall be permitted to replace systems using combustion of any 12 substance for heating or cooling or providing hot water for a building 13 ten thousand square feet or larger with anything that causes the 14 combustion of any substance that emits twenty-five kilograms or more of 15 carbon dioxide per million British thermal units of energy, as deter- 16 mined by the United States energy information administration. 17 2. Notwithstanding the prohibition in subdivision one of this section, 18 combustion of a substance that emits twenty-five kilograms of carbon 19 dioxide per million British thermal units of energy or more shall be 20 permitted for use within such a building where the combustion of such 21 substance occurs in connection with a device that contains no connection 22 to a building's gas supply line or fuel oil piping system, is used on an 23 intermittent basis, and is not used to supply a building with heat, 24 cooling or hot water. 25 § 22-107. Exemptions. 1. Notwithstanding the provisions of this arti- 26 cle, the state fire prevention and building code council may exempt 27 systems for emergency back-up heating, but in doing so shall seek to 28 minimize emissions and maximize health, safety, and fire-protection. In 29 such cases, the New York state uniform fire prevention and building code 30 shall limit the infrastructure, building systems, or equipment used for 31 the combustion of fossil fuels to the system and area of a building for 32 which a prohibition on infrastructure, building systems, or equipment 33 used for the combustion of fossil fuels is infeasible. To the fullest 34 extent feasible, the code shall require that the area or service within 35 the project where infrastructure, building systems, or equipment used 36 for the combustion of fossil fuels are installed shall be all-electric 37 ready. Financial considerations shall not be sufficient basis to deter- 38 mine physical or technical infeasibility. Exemptions or waivers 39 provided under this subdivision shall be reviewed during each major code 40 update cycle to determine whether they are still needed. 41 2. The provisions set forth in sections 22-103 and 22-105 of this 42 article shall not be construed as applying to generation of emergency 43 back-up power and standby power systems, or in a building or part of a 44 building that is used as a manufacturing facility, commercial food 45 establishment, laboratory, car wash, laundromat, hospital, other medical 46 facility, critical infrastructure, including but not limited to emergen- 47 cy management facilities, wastewater treatment facilities, and water 48 treatment and pumping facilities, agricultural building, fuel cell 49 system, or crematorium, as such terms are defined by the state fire 50 prevention and building code council. 51 3. Nothing in this section shall be interpreted or otherwise construed 52 as preempting a municipality from prohibiting fossil-fuel heating 53 systems or setting their own emissions standards, provided that any such 54 municipal standard require deeper reductions in emissions at equivalent 55 or earlier dates.S. 8676 6 1 § 7. Subdivision (a) of section 10-b of section 4 of chapter 576 of 2 the laws of 1974, constituting the emergency tenant protection act of 3 nineteen seventy-four, is amended by adding a new paragraph 14 to read 4 as follows: 5 14. prohibit temporary major capital improvement increases and indi- 6 vidual apartment improvement increases for buildings undertaking energy 7 efficiency, boiler, furnace, stove replacements, electrical panel, elec- 8 trical wiring or related work stemming from adherence to requirements 9 pursuant to article twenty-two of the energy law. 10 § 8. Subdivision 3 of section 170 of the correction law, as amended by 11 chapter 322 of the laws of 2021, is amended to read as follows: 12 3. Notwithstanding any other provision of law, an incarcerated indi- 13 vidual may be permitted to leave the institution under guard to volun- 14 tarily perform work for a nonprofit organization; provided that each 15 incarcerated individual who volunteers to perform work for a nonprofit 16 organization shall be paid a minimum hourly wage of not less than three 17 dollars. The department shall be entitled to charge the nonprofit organ- 18 ization a reasonable hourly rate for meals and housing of such incarcer- 19 ated individuals, if any. As used in this section, the term "nonprofit 20 organization" means an organization operated exclusively for religious, 21 charitable, or educational purposes, no part of the net earnings of 22 which inures to the benefit of any private shareholder or individual. 23 § 9. Section 171 of the correction law is amended by adding a new 24 subdivision 3 to read as follows: 25 3. Any incarcerated individual performing labor as described in this 26 section shall be compensated for their labor in accordance with the 27 provisions of subdivision five of section one hundred eighty-seven of 28 this article. 29 § 10. Subdivision 7 of section 177 of the correction law, as renum- 30 bered by chapter 256 of the laws of 2010, is renumbered subdivision 8 31 and a new subdivision 7 is added to read as follows: 32 7. Any incarcerated individual performing labor as described in this 33 section shall be compensated for their labor in accordance with the 34 provisions of subdivision five of section one hundred eighty-seven of 35 this article. 36 § 11. Section 178 of the correction law, as amended by chapter 322 of 37 the laws of 2021, is amended to read as follows: 38 § 178. Participation in work release and other community activities. 39 1. Nothing contained in this article shall be construed or applied so as 40 to prohibit private employment of incarcerated individuals in the commu- 41 nity under a work release program, or a residential treatment facility 42 program formulated pursuant to any provision of this chapter. 43 2. Any incarcerated individual who is employed under a work release 44 program or a residential treatment facility program formulated pursuant 45 to any provision of this chapter shall be compensated for their labor in 46 accordance with the provisions of subdivision five of section one 47 hundred eighty-seven of this article. 48 § 12. Section 184 of the correction law is amended by adding a new 49 subdivision 3 to read as follows: 50 3. Any incarcerated individual performing work as described in this 51 section shall be compensated for their labor in accordance with the 52 provisions of subdivision five of section one hundred eighty-seven of 53 this article. 54 § 13. Section 186 of the correction law is amended by adding a new 55 subdivision 5 to read as follows:S. 8676 7 1 5. Any service performed by an incarcerated individual as described in 2 this section shall be compensated in accordance with the provisions of 3 subdivision five of section one hundred eighty-seven of this article. 4 § 14. Section 187 of the correction law is amended by adding a new 5 subdivision 5 to read as follows: 6 5. Notwithstanding any provision of law, rule or regulation to the 7 contrary, no incarcerated individual shall be compensated an amount that 8 is less than the minimum wage as set forth in article nineteen of the 9 labor law for work performed or work for which a wage is paid. As used 10 in this subdivision, "work for which a wage is paid" includes any task 11 assigned to an incarcerated individual for which a wage would have been 12 due except for his or her status as an incarcerated individual. 13 § 15. The correction law is amended by adding a new section 627 to 14 read as follows: 15 § 627. Real-world experience job training. 1. The department shall 16 promulgate regulations to create work release programs as such programs 17 are defined under article six-A and article twenty-seven of this chapter 18 that facilitate on-the-job training and certification in those fields 19 and industries that are in the highest demand. Such programs shall 20 target those individuals who are eligible for release within two years. 21 2. To the greatest extent possible the department shall work with 22 local community partnerships for work release programs as created under 23 article six-A and article twenty-seven of this chapter. 24 § 16. The correction law is amended by adding a new section 628 to 25 read as follows: 26 § 628. Formerly incarcerated wage subsidy program. Using funds made 27 available from the livable New York fund established pursuant to section 28 ninety-nine-rr of the state finance law, the department, in conjunction 29 with the department of labor, shall promulgate regulations creating a 30 wage subsidy program for businesses in New York that hire and employ for 31 not less than twelve continuous and uninterrupted months, persons who 32 have recently been released from the department's custody. 33 § 17. Section 606 of the tax law is amended by adding a new subsection 34 (ppp) to read as follows: 35 (ppp) Formerly incarcerated training program credit. (1) Allowance of 36 credit. For taxable years beginning on or after January first, two thou- 37 sand twenty-five, a taxpayer shall be allowed a credit, to be computed 38 as provided in this subsection, for hiring, training, and employing for 39 not less than twelve continuous and uninterrupted months (hereinafter 40 referred to as the twelve-month period) in a full-time or part-time 41 position, a formerly incarcerated individual within the state. The 42 taxpayer may claim the credit in the year in which the incarcerated 43 individual completes the twelve-month period of employment by the 44 taxpayer. 45 (2) Incarcerated individuals. A formerly incarcerated individual is 46 any person who has been released from the custody of the New York state 47 or New York city department of correction in the previous twelve months. 48 (3) Employer prohibition. An employer shall not discharge an employee 49 and hire a formerly incarcerated individual solely for the purpose of 50 qualifying for this credit. 51 (4) Amount of credit. The amount of the credit shall be fifteen 52 percent of the total amount of wages paid to the formerly incarcerated 53 individual during the individual's first twelve-month period of employ- 54 ment. The credit allowed pursuant to this subsection shall not exceed in 55 any taxable year:S. 8676 8 1 (i) fifteen thousand dollars for any formerly incarcerated individual, 2 employed in a full-time position for one thousand eight hundred 3 twenty or more hours in one twelve-month period; and 4 (ii) seven thousand five hundred dollars for any formerly incarcer- 5 ated individual employed in a part-time position for at least one thou- 6 sand forty hours but not more than one thousand eight hundred nineteen 7 hours in one twelve-month period. 8 (5) Carryover. If the amount of credit allowable under this subsection 9 for any taxable year exceeds the taxpayer's tax for such year, any 10 amount of credit not deductible in such taxable year may be carried over 11 to the following three years and may be deducted from the taxpayer's tax 12 for such year or years. 13 § 18. The correction law is amended by adding a new section 195 to 14 read as follows: 15 § 195. Labor programs. 1. All labor programs shall comply with the 16 following: 17 (a) All health and safety protections required to be provided to 18 employees under federal and state labor law shall be provided to incar- 19 cerated individuals engaged in labor programs; and 20 (b) All other workplace protections, including protections regarding 21 discrimination, found under federal and state labor law shall apply and 22 be provided to incarcerated individuals engaged in labor programs. 23 2. The department of labor shall exercise the same supervision over 24 conditions of employment for incarcerated individuals participating in 25 labor programs as such department does over conditions of employment for 26 non-incarcerated individuals. 27 § 19. Subdivision 2 of section 171 of the correction law, as amended 28 by chapter 364 of the laws of 1983, is amended and a new subdivision 3 29 is added to read as follows: 30 2. Such labor shall be either for the purpose of the production of 31 supplies for said institutions, or for the state, or any political 32 subdivision thereof, or for any public institution owned or managed and 33 controlled by the state, or any political subdivision thereof; or for 34 the purpose of industrial training and instruction, or partly for one, 35 and partly for the other of such purposes. To the extent possible, 36 incarcerated individuals shall be provided on-the-job vocational train- 37 ing at the correctional facility. 38 3. Vocational training. (a) Incarcerated individuals shall be provided 39 vocational programs that meet the labor market needs of either (i) the 40 county in which the facility is located or (ii) the county of the incar- 41 cerated individual's last known address. 42 (b) To the extent possible, facilities shall provide virtual reality 43 job training simulations for incarcerated individuals. 44 § 20. Subdivision 2 of section 371 of the executive law is amended by 45 adding a new paragraph f to read as follows: 46 f. Ensure that every building used in whole or in part as a home or 47 residence by one or more persons shall conform to the requirements of 48 this enforcement, inclusive, irrespective of the class to which such 49 building may otherwise belong and irrespective of when such building may 50 have been altered or repaired. 51 § 21. Section 376 of the executive law is amended by adding two new 52 subdivisions 7 and 8 to read as follows: 53 7. To develop and implement a public education and outreach program to 54 inform the public of new code requirements and how the enforcement of 55 codes operates and for what purpose. In developing such education andS. 8676 9 1 outreach program, the secretary shall work with localities, advocacy 2 groups, elected officials, and anyone else the secretary deems relevant. 3 8. To issue, in conjunction with the attorney general, a "renter's 4 bill of rights", that will focus on a person's right to rent a residence 5 that is free from code violations and meets the basic standards of 6 living. 7 § 22. Section 382 of the executive law is amended by adding two new 8 subdivisions 5 and 6 to read as follows: 9 5. The secretary shall promulgate regulations requiring local govern- 10 ments and their authorized agents, to the greatest extent practicable, 11 to perform inspections and write and enforce notices to remedy in lieu 12 of ordering tenants to vacate residences. 13 6. (a) In addition to any other applicable remedy or penalty, where a 14 building has been found to be in violation of any provision of the 15 uniform code or any lawful order obtained thereunder, and the building 16 is occupied by a tenant legally occupying the building, a rent rebate 17 may be offered to a tenant residing in the building where an individual 18 (i) tampered with or otherwise obstructed or attempted to obstruct an 19 inspection, or (ii) where the violation was not remedied within a 20 reasonable time frame, or (iii) where a person in violation is subject 21 to a civil penalty. 22 (b) In instances where a violation of the code endangers the health or 23 well-being of a person occupying the building, or the general public, 24 and in addition to any other applicable remedy or penalty, the owner of 25 the building may be forced to pay fines associated with any compulsory 26 cleaning or repair. 27 (c) Municipal and local agencies shall have the authority to act under 28 an emergency to clear or repair a residence whose material violation 29 endangers or impairs the health, safety, or wellbeing of a resident of 30 the building or the general public, at a cost borne by the owner of such 31 building. 32 § 23. The labor law is amended by adding a new section 219-b to read 33 as follows: 34 § 219-b. Restrictions on use of employment verification system for 35 apprenticeships. 1. Except as required by federal law or as a condition 36 of receiving federal funds, it shall be unlawful for an apprenticeship 37 program, to use the federal electronic employment verification system 38 known as E-Verify and any other succeeding electronic employment verifi- 39 cation system to check the employment authorization status of an indi- 40 vidual currently in the apprenticeship program or who is an applicant to 41 the apprenticeship program. 42 2. Apprenticeship programs may use alternative options to declare work 43 eligibility status including affidavit forms, or any other method as 44 determined by the department. 45 § 24. Paragraphs (k) and (l) of subdivision 1 of section 811 of the 46 labor law, as relettered by chapter 825 of the laws of 2021, are relet- 47 tered paragraphs (m) and (n) and two new paragraphs (k) and (l) are 48 added to read as follows: 49 (k) to foster partnerships and relationships with high schools, commu- 50 nity colleges, and nonprofits to recruit apprentices from disadvantaged 51 groups; 52 (l) to create a mentorship program to pair apprentices with journeyman 53 professionals; 54 § 25. Section 260 of article 13 of the executive law is designated 55 title 1 and a new title heading is added to read as follows: 56 DIVISION OF HOUSING AND COMMUNITY RENEWALS. 8676 10 1 § 26. Article 13 of the executive law is amended by adding a new title 2 2 to read as follows: 3 TITLE 2 4 HOUSING DEVELOPMENT SUBSIDY PROGRAM 5 Section 260-a. Definitions. 6 260-b. Development subsidy. 7 260-c. Eligibility. 8 260-d. Severability. 9 § 260-a. Definitions. When used in this title: 10 1. The term "division" shall refer to the division of housing and 11 community renewal. 12 2. The term "AMI" shall refer to area median income as defined by the 13 U.S. department of housing and urban development ("HUD"). 14 § 260-b. Development subsidy. 1. The division shall oversee grants and 15 subsidies for the development of housing projects which shall create, at 16 a minimum, ten thousand new units a year. 17 2. Using funds made available from the livable New York fund estab- 18 lished pursuant to section ninety-nine-rr of the state finance law, the 19 division is hereby authorized to provide grants and subsidies, to eligi- 20 ble projects across the state to achieve the housing creating goals of 21 the housing development subsidy program set forth in subdivision one of 22 this section. 23 § 260-c. Eligibility. To be eligible for subsidies under this program, 24 projects shall: 25 1. be built at an average of forty percent of the AMI, adjusted for 26 family size; 27 2. agree that rent increases on such projects shall be limited to only 28 cover increases in maintenance and operating expenses, and shall not 29 exceed more than two percent per annum; 30 3. ensure that all workers, laborers, and mechanics employed on 31 projects funded under this action shall receive not less than the 32 prevailing rate of wage and benefits for the classification of work 33 performed by each upon such project pursuant to the labor law. Nothing 34 under this paragraph shall limit the ability of labor agreements to 35 afford a wage higher than the prevailing wage for all workers, laborers, 36 and mechanics employed on projects funded under this action; 37 4. follow tenant protections that prevent eviction except in situ- 38 ations of non-payment of rent; the tenant is violating a substantial 39 obligation of the tenancy and has failed to cure such violation within 40 ten days; or the tenant is committing or permitting a nuisance in the 41 housing accommodation; or the tenant's occupancy or use or permitted use 42 of the housing accommodation is in violation of the law; or the tenant 43 has unreasonably refused the landlord's access to the housing accommo- 44 dation for the purpose of making repairs and improvements; 45 5. utilize a project labor agreement. For purposes of this paragraph, 46 "project labor agreement" shall mean a pre-hire collective bargaining 47 agreement between the authority, or a third party on behalf of the 48 authority, and a bona fide building and construction trade labor organ- 49 ization establishing the labor organization as the collective bargaining 50 representative for all persons who will perform work on a project, and 51 which provides that only contractors and subcontractors who sign a pre- 52 negotiated agreement with the labor organization can perform project 53 work. All contractors and subcontractors associated with this work shall 54 be required to utilize apprenticeship agreements as defined by article 55 twenty-three of the labor law;S. 8676 11 1 6. to the greatest extent possible, provide training and hiring of 2 formerly incarcerated individuals; and 3 7. include an affordability covenant which shall specify that rents in 4 any unit in such residential projects receiving subsidies pursuant to 5 this section shall not exceed twenty-five percent of a household's 6 income in such unit. 7 § 260-d. Severability. If any clause, sentence, paragraph, subdivi- 8 sion, section or part of this title shall be adjudged by any court of 9 competent jurisdiction to be invalid, such judgment shall not affect, 10 impair or invalidate the remainder thereof, but shall be confined in its 11 operation to the clause, sentence, paragraph, subdivision, section or 12 part thereof directly involved in the controversy in which such judgment 13 shall have been rendered. 14 § 27. Severability. If any clause, sentence, paragraph, subdivision, 15 section or part of this act shall be adjudged by any court of competent 16 jurisdiction to be invalid, such judgment shall not affect, impair or 17 invalidate the remainder thereof, but shall be confined in its operation 18 to the clause, sentence, paragraph, subdivision, section or part thereof 19 directly involved in the controversy in which such judgment shall have 20 been rendered. 21 § 28. The sum of three billion dollars ($3,000,000,000), or so much 22 thereof as may be necessary, is hereby appropriated to the livable New 23 York fund as established pursuant to section 99-rr of the state finance 24 law from any moneys in the state treasury not otherwise appropriated and 25 made immediately available for the purposes of carrying out the 26 provisions of this act. Such moneys shall be payable on the audit and 27 warrant of the comptroller on vouchers certified or approved by the 28 commissioner of criminal justice services in the manner prescribed by 29 law. 30 § 29. This act shall take effect immediately.
