STATE OF NEW YORK
        ________________________________________________________________________

                                          9099

                    IN SENATE

                                     April 22, 2024
                                       ___________

        Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
          printed to be committed to the Committee on  Energy  and  Telecommuni-
          cations

        AN  ACT  to amend the public authorities law, the state finance law, the
          energy law, the executive law, the labor law and the emergency  tenant
          protection  act  of nineteen seventy-four, in relation to enacting the
          "bucks for boilers 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 "bucks for boilers act".
     3    § 2. The public authorities law is amended by  adding  a  new  section
     4  1885 to read as follows:
     5    §  1885.  Bucks for boilers program. 1. The authority, in consultation
     6  with the department of public service, shall establish a program to  aid
     7  in  the  transition  of  all existing housing units' heating and cooling
     8  from reliance on combusting oil and gas,  to  electric  heat  pumps  and
     9  other high energy efficiency upgrades, systems and services.
    10    2.  Using  funds made available from the bucks for boilers fund as set
    11  forth in section ninety-nine-rr of the state finance law, the  authority
    12  shall  ensure that any building or household existing in a disadvantaged
    13  community, as such term is defined by the climate justice working group,
    14  or buildings housing formerly-incarcerated individuals, with a  priority
    15  to  buildings  owned  by  low-income  homeowners or rented to low-income
    16  tenants, shall be eligible for full-cost funding for the procurement and
    17  installation of equipment to be compliant  with  the  energy  efficiency
    18  standards  set  forth  under section 11-104 of the energy law, including
    19  the procurement and installation of non-fossil fuel heating and  cooling
    20  and  hot water systems and other high energy efficiency systems, includ-
    21  ing electrical panel and  wiring  upgrades  and  induction  or  electric
    22  stoves.    For  purposes  of  this  subdivision, installation shall also
    23  include bringing eligible housing into a state of good repair.
    24    3. Using funds made available from the bucks for boilers fund  as  set
    25  forth  in section ninety-nine-rr of the state finance law, the authority

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15145-02-4

        S. 9099                             2

     1  shall create a program to pay up to fifty thousand dollars per unit  for
     2  any  privately owned residential housing for the procurement and instal-
     3  lation of equipment to be compliant with the energy efficiency standards
     4  set forth under section 11-104 of the energy law, including the procure-
     5  ment  and  installation  of  non-fossil fuel heating and cooling and hot
     6  water systems and other high energy efficiency systems, including  elec-
     7  trical  panel  and  wiring upgrades and induction or electric stoves, as
     8  well as to ensure that such housing is in a state of good repair.
     9    4. Using funds made available from the bucks for boilers fund  as  set
    10  forth  in section ninety-nine-rr of the state finance law, the authority
    11  shall subsidize the procurement and  installation  of  equipment  to  be
    12  compliant  with  the energy efficiency standards set forth under section
    13  11-104 of the energy law, including the procurement and installation  of
    14  non-fossil fuel heating and cooling and hot water systems and other high
    15  energy  efficiency  systems, for all public housing units throughout the
    16  state, as well as to ensure that such housing is  in  a  state  of  good
    17  repair.
    18    5.  Using  funds made available from the bucks for boilers fund as set
    19  forth in section ninety-nine-rr of the state finance law, the  authority
    20  shall  establish  affordability  programs to pay any additional costs of
    21  utility bills in order to ensure that no low-to-moderate  income  house-
    22  holds face a higher cost for heating and cooling that may be incurred as
    23  a  result  of conversion to electric heat pumps and/or other high energy
    24  efficiency equipment for heating and cooling. For the purposes  of  this
    25  subdivision  "low-to-moderate  income  households" shall mean households
    26  with annual incomes at or below eighty percent of the area median income
    27  of the county or metro  area  where  they  reside.  These  affordability
    28  programs  shall  also assist households with annual incomes above eighty
    29  percent of the area median income of the county or metro  area  to  help
    30  defray additional costs but only where funds are available after priori-
    31  tization of households with annual incomes at or below eighty percent of
    32  the  area  median  income of the county or metro area where they reside,
    33  and with prioritization with any such funds or  assistance  for  compar-
    34  atively  lower-income  over higher-income households within the distrib-
    35  ution of households over eighty percent of the area median income of the
    36  county or metro area where they reside.
    37    6. The authority shall include requirements that to  be  eligible  for
    38  receiving funds under this program, building owners:
    39    (a) are prohibited for a period of five years following the completion
    40  of work under this program from rent increases for temporary major capi-
    41  tal  improvement  and  individual  apartment  improvements for buildings
    42  undertaking energy  efficiency,  boiler,  furnace,  stove  replacements,
    43  electrical  panel,  electrical  wiring or related work stemming directly
    44  from the building's adherence to requirements enacted pursuant  to  this
    45  section; and
    46    (b)  shall  extend  the  lease  of tenants for no less than five years
    47  following the completion of work under this program.
    48    7. The authority, in consultation with the department  of  corrections
    49  and  community supervision, shall include requirements that to be eligi-
    50  ble for receiving funds over fifty thousand dollars under this  program,
    51  all  work  done  in  the procurement and installation of non-fossil fuel
    52  heating and cooling systems on state-owned properties or  in  properties
    53  that  receive  subsidies  from  the  state shall, to the greatest extent
    54  possible, provide training and hiring of formerly-incarcerated  individ-
    55  uals.

        S. 9099                             3

     1    8. No later than December first, two thousand twenty-four, the author-
     2  ity  shall  determine the minimum energy efficiency standards for build-
     3  ings.
     4    9.  The  authority shall issue relevant guidance for providing funding
     5  under this program. The authority shall make such information  available
     6  by  engaging  and paying for large-scale advertising, mailings, door-to-
     7  door  canvassing,  community  outreach,  programming  in  schools,   and
     8  anything else the authority deems necessary and reasonable to ensure the
     9  public  is  fully aware and that a wide understanding that such programs
    10  exist, including rights and responsibilities of landlords  and  tenants,
    11  is achieved in the public in all regions and demographics of the state.
    12    10.  Using funds made available from the bucks for boilers fund as set
    13  forth in section ninety-nine-rr of the state finance law, the  authority
    14  shall  administer  a program to provide grants, loans or other services,
    15  based on standards and guidelines established by the authority, for  the
    16  costs  related to enabling fuel-switching for residences with propane or
    17  fuel-oil heating systems to efficient electric heat pumps, including but
    18  not limited to, clean energy measures, energy efficiency measures, resi-
    19  liency measures, heating and  cooling,  health  and  safety,  and  other
    20  related  energy  improvements  and  expenses,  as well as to ensure such
    21  housing is in a state of good repair.
    22    § 3. Section 1854 of the public authorities law is amended by adding a
    23  new subdivision 27 to read as follows:
    24    27. All revenues generated pursuant to regulations or actions taken by
    25  the department, the authority or any other  state  entity,  pursuant  to
    26  section eighteen hundred eighty-five of this title, shall be placed into
    27  a  segregated authority funding account, established pursuant to section
    28  eighteen hundred sixty-a of this title, prior to programmatic or  admin-
    29  istrative  allocation,  and shall not be commingled with other authority
    30  funds. Within thirty days following receipt of revenues generated pursu-
    31  ant to regulations or  actions  pursuant  to  section  eighteen  hundred
    32  eighty-five of this title, the authority shall transfer from such segre-
    33  gated  authority  funding  account  to the bucks for boilers fund estab-
    34  lished pursuant to section ninety-nine-rr of the state finance law.
    35    § 4. The state finance law is amended by adding a new section 99-rr to
    36  read as follows:
    37    § 99-rr. Bucks for boilers fund. 1. There is hereby established in the
    38  joint custody of the commissioner of taxation and finance and the  state
    39  comptroller a special fund to be known as the "bucks for boilers fund".
    40    2.  The bucks for boilers fund shall consist of moneys received by the
    41  state pursuant to subdivision twenty-seven of section  eighteen  hundred
    42  fifty-four of the public authorities law, and all other moneys appropri-
    43  ated,  credited,  or  transferred  thereto from any other fund or source
    44  pursuant to law including the annual deposit of four billion dollars  by
    45  the  president  of  the  New  York state energy research and development
    46  authority.  Moneys of the account shall be expended for the purposes  of
    47  providing  financial  assistance  to  residential  building  owners  and
    48  renters to convert their existing space or water  heating  equipment  to
    49  energy efficient zero-emissions equipment or building systems and energy
    50  efficiency  and  resiliency  measures  including but not limited to: (i)
    51  purposes which are consistent with the scoping plan prepared pursuant to
    52  section 75-0103 of the environmental  conservation  law;  (ii)  measures
    53  which prioritize such conversions and measures in disadvantaged communi-
    54  ties; (iii) measures which prioritize residential buildings on delivered
    55  fuels such as propane and heating oil; (iv) financial assistance for the
    56  cost of upgrading dilapidated housing to a state of good repair; and (v)

        S. 9099                             4

     1  administrative and implementation costs, program design, and other asso-
     2  ciated costs.
     3    3.  Moneys  in  the bucks for boilers fund shall be kept separate from
     4  and shall not be commingled with any other moneys in the custody of  the
     5  comptroller  or  the  commissioner  of  taxation  and finance. Provided,
     6  however, that any moneys of the fund not required for immediate use may,
     7  at the discretion of the comptroller, in consultation with the  director
     8  of  the  division of the budget, be invested by the comptroller in obli-
     9  gations of the United States or of the state. The proceeds of  any  such
    10  investment  shall  be  retained  by  the  fund  as assets to be used for
    11  purposes of the fund.
    12    § 5. Subdivision 6 of section 11-104 of the energy law is  amended  by
    13  adding a new paragraph (c) to read as follows:
    14    (c)  In  addition  to  paragraphs  (a) and (b) of this subdivision, to
    15  support the goal of zero  on-site  greenhouse  gas  emissions  and  help
    16  achieve  the  state's clean energy and climate agenda, including but not
    17  limited to greenhouse gas reduction requirements set forth within  chap-
    18  ter  one hundred six of the laws of two thousand nineteen, also known as
    19  the New York state climate leadership and community protection act,  the
    20  code shall prohibit the installation of fossil-fuel equipment and build-
    21  ing  systems,  in  any  existing building not more than seven stories in
    22  height, except for existing commercial or industrial  buildings  greater
    23  than  one  hundred thousand square feet in conditioned floor area, on or
    24  after December thirty-first, two  thousand  twenty-nine,  and  the  code
    25  shall  prohibit  the  installation of fossil-fuel equipment and building
    26  systems, in all existing  buildings  after  December  thirty-first,  two
    27  thousand thirty-four.
    28    §  6.  Paragraph  (b) of subdivision 7 of section 11-104 of the energy
    29  law, as added by section 1 of part RR of chapter 56 of the laws of 2023,
    30  is amended to read as follows:
    31    (b) In addition, in effectuating the provisions set  forth  in  [para-
    32  graph]  paragraphs  (b)  and  (c) of subdivision six of this section the
    33  code shall include exemptions for the purposes of allowing the installa-
    34  tion and use of fossil-fuel equipment and building  systems  where  such
    35  are installed and used:
    36    (i)  for  generation  of  emergency  back-up  power  and standby power
    37  systems;
    38    (ii) in a manufactured home as defined in subdivision seven of section
    39  six hundred one of the executive law; or
    40    (iii) in a building or part of a building that is used as  a  manufac-
    41  turing  facility,  commercial  food establishment, laboratory, car wash,
    42  laundromat, hospital, other medical facility,  critical  infrastructure,
    43  including but not limited to emergency management facilities, wastewater
    44  treatment  facilities, and water treatment and pumping facilities, agri-
    45  cultural building, fuel cell system, or crematorium, as such  terms  are
    46  defined by the code council.
    47    § 7. Paragraphs c and e of subdivision 19 of section 378 of the execu-
    48  tive law, as added by section 3 of part RR  of chapter 56 of the laws of
    49  2023, are amended and a new paragraph a-1 is added to read as follows:
    50    a-1.  To  support  the  goal  of  zero  on-site gas emissions and help
    51  achieve the state's clean energy and climate agenda, including  but  not
    52  limited  to greenhouse gas reduction requirements set forth within chap-
    53  ter one hundred six of the laws of two thousand nineteen, also known  as
    54  the  New York state climate leadership and community protection act, the
    55  uniform code shall prohibit the installation  of  fossil-fuel  equipment
    56  and  building  systems,  in  any  existing  building not more than seven

        S. 9099                             5

     1  stories in height, except for existing commercial or  industrial  build-
     2  ings  greater than one hundred thousand square feet in conditioned floor
     3  area, on or after December thirty-first, two thousand  twenty-nine,  and
     4  the  uniform  code shall prohibit the installation of fossil-fuel equip-
     5  ment and building systems, in all existing buildings on or after  Decem-
     6  ber thirty-first, two thousand thirty-four.
     7    c.  In  addition,  in  effectuating the provisions set forth in [para-
     8  graph] paragraphs a and a-1 of this subdivision the code  shall  include
     9  exemptions  for  the  purposes  of  allowing the installation and use of
    10  fossil-fuel equipment  and  building  systems  where  such  systems  are
    11  installed and used:
    12    (i)  for  generation  of  emergency  back-up  power  and standby power
    13  systems;
    14    (ii) in a manufactured home as defined in subdivision seven of section
    15  six hundred one of [the executive law] this chapter; or
    16    (iii) in a building or part of a building that is used as  a  manufac-
    17  turing  facility,  commercial  food establishment, laboratory, car wash,
    18  laundromat, hospital, other medical facility,  critical  infrastructure,
    19  including but not limited to emergency management facilities, wastewater
    20  treatment  facilities, and water treatment and pumping facilities, agri-
    21  cultural building, fuel cell system, or crematorium, as such  terms  are
    22  defined by the code council.
    23    e.  Exemptions  included in the uniform code pursuant to this subdivi-
    24  sion shall be periodically reviewed by  the  code  council  to  [assure]
    25  ensure  that  they  continue  to  effectuate the purposes of [paragraph]
    26  paragraphs a and a-1 of this subdivision and subparagraph three of para-
    27  graph b of subdivision two of section three hundred seventy-one of  this
    28  article to the fullest extent feasible.
    29    §  8. Section 224-f of the labor law, as added by section 3 of part TT
    30  of chapter 56 of the laws of 2023, is amended to read as follows:
    31    § 224-f. Wage requirements for certain climate risk-related and energy
    32  transition projects and bucks for boilers projects.  1. For purposes  of
    33  this  section,  a  "covered  climate  risk-related and energy transition
    34  project" means a construction project that receives at least one hundred
    35  thousand dollars of funds from the New York climate action fund  climate
    36  investment account established pursuant to section ninety-nine-qq of the
    37  state  finance  law  and  a  "covered bucks for boilers project" means a
    38  construction project that receives at least fifty  thousand  dollars  of
    39  funds  from  the  bucks for boilers fund established pursuant to section
    40  ninety-nine-rr of the state finance law.
    41    2. A covered climate risk-related and energy transition project and  a
    42  covered  bucks  for  boilers project shall be subject to prevailing wage
    43  requirements in accordance with sections two hundred twenty, two hundred
    44  twenty-a, two hundred twenty-b, two hundred twenty-i, two hundred  twen-
    45  ty-three, and two hundred twenty-four-b of this article, provided that a
    46  covered climate risk-related and energy transition project and a covered
    47  bucks  for  boilers  project may still otherwise be considered a covered
    48  project pursuant to section two hundred twenty or  two  hundred  twenty-
    49  four-a of this article if it meets the definition therein.
    50    3.  For  purposes  of this section, a covered climate risk-related and
    51  energy transition project and a covered bucks for boilers project  shall
    52  exclude:
    53    a.  Privately  owned  construction  work  performed  under  a pre-hire
    54  collective bargaining agreement between an owner or developer and a bona
    55  fide building and  construction  trades  labor  organization  which  has
    56  established  itself, and/or its affiliates, as the collective bargaining

        S. 9099                             6

     1  representative for all persons who will perform work on such a  project,
     2  and  which  provides that only contractors and subcontractors who sign a
     3  pre-negotiated agreement with the labor organization can perform work on
     4  such a project; or
     5    b. Construction work on one- or two-family dwellings where the proper-
     6  ty  is  the owner's primary residence, or construction work performed on
     7  property where the owner of the property owns no more than four dwelling
     8  units; or
     9    c. Construction work performed on a multiple residence  and/or  ancil-
    10  lary amenities or installations that is wholly privately owned in any of
    11  the following circumstances:
    12    (i)  where  no  less than twenty-five percent of the residential units
    13  are affordable and shall be retained subject to an anticipated regulato-
    14  ry agreement with a local, state, or federal governmental entity,  or  a
    15  not-for-profit entity with an anticipated formal agreement with a local,
    16  state, or federal governmental entity for purposes of providing afforda-
    17  ble  housing  in  a given locality or region provided that the period of
    18  affordability  for  a  residential  unit  deemed  affordable  under  the
    19  provisions  of  this  paragraph  shall be for no less than fifteen years
    20  from the date of construction; or
    21    (ii) where no less than thirty-five percent of the  residential  units
    22  involves  the  provision  of  supportive housing services for vulnerable
    23  populations provided that such units are subject to an anticipated regu-
    24  latory agreement with a local, state, or federal governmental entity.
    25    4. As a condition of receiving funds from the New York climate  action
    26  fund  climate investment account established pursuant to section ninety-
    27  nine-qq of the state finance law for a covered climate risk-related  and
    28  energy  transition  project  or  the  bucks for boilers fund established
    29  pursuant to section ninety-nine-rr  of  the  state  finance  law  for  a
    30  covered bucks for boiler project, the owner or developer of such covered
    31  climate  risk-related and energy transition project or covered bucks for
    32  boilers project, or a third party acting on such owner's or  developer's
    33  behalf,  shall agree to enter into a labor peace agreement with at least
    34  one bona fide labor organization either:
    35    a. where such bona fide labor organization  is  actively  representing
    36  non-construction  employees  who  will  be  working  within  the covered
    37  climate risk-related and energy transition project or covered bucks  for
    38  boilers project once built; or
    39    b. upon notice by a bona fide labor organization that is attempting to
    40  represent such non-construction employees.
    41    5.  For  purposes  of  this  section  "labor peace agreement" means an
    42  agreement between an owner and/or developer and labor organization that,
    43  at a minimum, protects the state's proprietary interests by  prohibiting
    44  labor  organizations  and members from engaging in picketing, work stop-
    45  pages, boycotts, and any other economic interference.
    46    6. The owner or developer using funds from the New York climate action
    47  fund climate investment account established pursuant to section  ninety-
    48  nine-qq  of the state finance law for a covered climate risk-related and
    49  energy transition project or the bucks for  boilers  fund    established
    50  pursuant  to  section  ninety-nine-rr  of  the  state  finance law for a
    51  covered bucks for boilers project pursuant to this section shall:
    52    a. require the use of apprenticeship agreements as defined by  article
    53  twenty-three  of  this chapter; or for industries without apprenticeship
    54  programs, require the use of workforce training, preferably in  conjunc-
    55  tion with a bona fide labor organization; and

        S. 9099                             7

     1    b. consider use of registered pre-apprenticeship direct entry programs
     2  for the recruitment of local and/or disadvantaged workers.
     3    7.  For purposes of this section, the "fiscal officer" shall be deemed
     4  to be the commissioner. The enforcement of any covered climate  risk-re-
     5  lated and energy transition project or covered bucks for boilers project
     6  under  this section shall be subject to the requirements of sections two
     7  hundred twenty, two hundred twenty-a, two hundred twenty-b, two  hundred
     8  twenty-i,  two  hundred  twenty-three, two hundred twenty-four-b of this
     9  article, and section two hundred twenty-seven of this chapter and within
    10  the jurisdiction of  the  fiscal  officer;  provided,  however,  nothing
    11  contained  in  this  section  shall  be  deemed  to construe any covered
    12  climate risk-related and energy transition project or covered bucks  for
    13  boilers  project  as  otherwise being considered public work pursuant to
    14  this article.
    15    8. The fiscal officer may issue rules and  regulations  governing  the
    16  provisions  of this section. Violations of this section shall be grounds
    17  for determinations and orders pursuant to section two  hundred  twenty-b
    18  of this article.
    19    9. For any building service work on a covered climate risk-related and
    20  energy transition project or covered bucks for boilers project, prevail-
    21  ing wage shall be paid consistent with article nine of this chapter.
    22    10. Any public entity receiving at least five million dollars in funds
    23  from  the New York climate action fund climate investment account estab-
    24  lished pursuant to section ninety-nine-qq of the state  finance  law  or
    25  the  bucks for boilers fund established pursuant to section ninety-nine-
    26  rr  of  the  state  finance  law  for  a  project  which  involves   the
    27  construction,  reconstruction,  alteration, maintenance, moving, demoli-
    28  tion, excavation, development or  other  improvement  of  any  building,
    29  structure or land, shall be subject to section two hundred twenty-two of
    30  this article.
    31    §  9.  Subdivision  (a) of section 10-b of section 4 of chapter 576 of
    32  the laws of 1974, constituting the emergency tenant  protection  act  of
    33  nineteen  seventy-four,  is amended by adding a new paragraph 14 to read
    34  as follows:
    35    14. (i) prohibit temporary major  capital  improvement  increases  and
    36  individual  apartment  improvement  increases  for buildings undertaking
    37  energy  efficiency,  boiler,  furnace,  stove  replacements,  electrical
    38  panel, electrical wiring or related work pursuant to the bucks for boil-
    39  ers program established pursuant to section eighteen hundred eighty-five
    40  of the public authorities law; and
    41    (ii)  require  the  extension of the lease of tenants for no less than
    42  five years following the completion of work under such program.
    43    § 10. This act shall take effect immediately.