BILL NUMBER: S9099
SPONSOR: RIVERA
TITLE OF BILL:
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"
PURPOSE OR GENERAL IDEA OF BILL:
Establishes the Bucks for Boilers program, which seeks to transition
existing housing units to energy-efficient, zero-emissions systems,
prioritize disadvantaged communities, and ensure affordability for low-
to-moderate income households, thereby advancing New York State's clean
energy and climate goals while addressing equity concerns.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 provides the short title for this act to be known as the
"bucks for boilers act".
Section 2 amends the public authorities law by adding the new section
1885 establishing the Bucks for Boilers Program, under the New York
State Energy Research and Development Authority (NYSERDA) in consulta-
tion with the Department of Public Service.
Subdivision 2 of section 2 directs the program to utilize funds made
available from the Bucks for Boilers fund as set forth in section nine-
ty-nine-rr of the state finance law to provide full-cost funding for
installation of equipment to disadvantaged communities, prioritizing
low-income homeowners and tenants.
Subdivision 3 of section 2 implements the utilization of funds made
available from the Bucks for Boilers fund as set forth in section nine-
ty-nine-rr of the state finance law to allow up to fifty thousand
dollars per unit for privately owned residential housing to obtain and
install equipment in compliance with section 11-104 of the energy law.
Subdivision 4 of section 2 subsidizes the attainment and installation of
energy efficiency equipment, and restoration to a state of good repair
in all public housing units throughout the state, using funds made
available from the Bucks for Boilers fund.
Subdivision 5 of section 2 establishes affordability programs to miti-
gate utility bill increases for low-to-moderate-income households and
includes the standard for low-to moderate income set forth by this
subdivision.
Subdivision 6 of section 2 prohibits building owners receiving funds
under the program for any energy efficiency improvements or replacements
to raise rent for five years following the completion of work and
requires building owners to extend a tenant's lease for at least five
years.
Subdivision 7 of section 2 requires the authority, in consultation with
the Department of Corrections and Community Supervision (DOCCS), to
provide training and hiring for formerly incarcerated individuals for
relevant work for all properties that receive funds over fifty thousand
dollars, are state-owned properties, or in properties that receive
subsidies from the state.
Subdivision 8 of section 2 sets a deadline of December 1, 2024 in which
the authority would determine the minimum energy efficiency standards
for buildings.
Subdivision 9 of section 2 tasks the authority with providing guidance
and public awareness of the program through various means.
Subdivision 10 of section 2 requires the authority to administer the
Bucks for Boilers program for any cost related to enabling fuel-switch-
ing for residences with propane or fuel-oil heating systems to energy-
efficient appliances.
Section 3 amends section 1854 of the public authorities law to add a new
subdivision 27 to direct all revenues generated from regulatory actions
taken by the department, authority, or any state entity to be placed
into a dedicated funding account and within thirty days of receipt of
revenues, they shall be transferred to the bucks for boilers fund under
section 99-rr of state finance law.
Section 4 adds a new section 99-rr establishing the "bucks for boilers
fund" under the joint custody of the Commissioner of Taxation and
Finance and the State Comptroller. This fund includes money received by
the state, including an annual deposit of four billion dollars by the
president of NYSERDA.
Section 5 adds a new paragraph (c) to section 11-104 of the energy law
to prohibit the installation of fossil-fuel equipment and building
systems in an existing building not more than seven stories in height,
and extends the prohibition to all existing buildings after December 31,
2034.
Section 6 amends paragraph (b) of subdivision 7 of section 11-104 of
energy law to include the prohibition of installation of fossil-fuel
equipment and building systems in existing buildings not more than seven
stories in height, and extends the prohibition to all existing buildings
after December 31, 2034 in the Uniform Building Code.
Section 7 amends paragraph c and e of subdivision 19 of section 378 of
the executive law, and adds a new paragraph a-1, to include the prohibi-
tion of installation of fossil-fuel equipment and building systems in
existing buildings not more than seven stories in height, and extends
the prohibition to all existing buildings after December 31, 2034 in the
Uniform Building Code
Section 8 amends section 224-f of the labor law to add bucks for boilers
projects to the wage requirements in alignment with the wage require-
ments for certain climate-risk related and energy transition projects.
Section 9 amends the Emergency Tenant Protection Act of 1974 to add a
new paragraph 14 to prohibit any temporary major capital improvement
increases and individual apartment improvement increases for buildings
undertaking any energy-efficient replacements or related work in
relation to the bucks for boilers program, and requires an extension of
the lease for no less than five years following the completion of the
work done under this program.
Section 10 provides an immediate effective date.
JUSTIFICATION:
The Bucks for Boilers Act addresses the pressing challenges facing New
York, aiming to alleviate both the affordability crisis in preventative
action and the climate emergency. This legislation directs the New York
State Energy Research and Development Authority (NYSERDA) and the
Department of Public Service (DPS) to establish a program facilitating
the transition of all existing housing units from reliance on fossil
fuel systems to high-efficiency electric systems. By prioritizing low-
and middle-income households and emphasizing the creation of good, green
jobs, including for formerly incarcerated individuals, the bill aligns
with broader objectives of social equity and economic empowerment.
New York faces significant challenges related to affordability and
climate change, with energy use in buildings representing a substantial
cost for residents and contributing significantly to harmful air
pollution and greenhouse gas emissions. The Bucks for Boilers Act
addresses these intertwined issues by reducing emissions from buildings,
improving air quality, and lowering energy costs for working New Yorkers
through the provision of financial assistance for energy efficiency
upgrades. Furthermore, the program is designed to support families and
safeguard low-to-moderate income tenants from displacement due to rising
energy bills.
The Bucks for Boilers Program both aligns with the goals of the state's
Climate Leadership and Community Protection Act (CLCPA) and Climate
Action Council's State Scoping Plan (CACSSP) recommendations and corre-
sponds with the United Nations Intergovernmental Panel on Climate Change
(UN IPCC) and the International Energy Agency (IEA) policy recommenda-
tions to mitigate climate change. While the bill does not specify a
revenue source for the spending programs it authorizes, it is envisioned
to operate alongside the state's upcoming Cap and Invest program and
other revenue sources. Overall, the Bucks for Boilers Programs repres-
ents a comprehensive and strategic approach to address affordability,
climate change, and social equity issues, positioning New York State as
a leader in sustainable and inclusive development.
PRIOR LEGISLATIVE HISTORY:
New Bill.
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
Effective immediately.
Statutes affected: S9099: 1854 public authorities law, ninety-nine-rr state finance law, 11-104 energy law, 11-104(6) energy law, 11-104(7) energy law, 224-f labor law