BILL NUMBER: S3476A
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:
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 a new section 1885
to establish the Bucks for Boilers program under the New York State
Energy Research and Development Authority (NYSERDA), in consultation
with the Department of Public Service, and sets forth subdivisions 2-13.
Subdivision 2 would direct NYSERDA to utilize funds made available from
the Bucks for Boilers fund, as set forth in section 99-ss 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 would implement the utilization of funds made available
from the Bucks for Boilers fund and direct NYSERDA to subsidize each
residential housing building's transition through the following income
thresholds:
(a) households with an income below 120% area median income (AMI) would
receive 100% of the cost of the project;
(b) households with an income between 120% to 180% AM! would receive 80%
of the cost of the project;
(c) households with an income over 180% of AMI would receive 50% of the
cost of the project.
Subdivision 4 directs NYSERDA to create a program to pay $50,000 per
unit for any privately-owned residential housing for the procurement and
installation of equipment to be compliant with the energy efficiency
standards set forth under section 11-104 of the Energy Law, the State
energy conservation construction code.
Subdivision 5 directs NYSERDA to subsidize the procurement and installa-
tion of energy efficiency equipment to be compliant with energy effi-
ciency standards for all public housing units throughout the State using
funds made available from the Bucks for Boilers fund.
Subdivision 6 requires NYSERDA to establish affordability programs to
mitigate utility bill increases for low-to-moderate-income households
and defines "low-to-moderate income households."
Subdivision 7 sets forth requirements that to be eligible for receiving
funds under this program, building owners are: (a) prohibited from
increasing rent for temporary major capital improvement and individual
apartment improvements for buildings undertaking energy efficiency
upgrades for a period of five years following the completion of work,
and (b) must extend the lease of tenants for no less than five years
following the completion of work.
Subdivision 8 requires NYSERDA to promulgate requirements for eligibil-
ity to receive funds under this program which would prohibit buildings
from initiating eviction proceedings, fail to renew a lease, or other-
wise seek to remove a tenant from housing accommodation, except in
certain circumstances.
Subdivision 9 requires NYSERDA, in consultation with the Department of
Corrections and Community Supervision (DOCCS), to include in the
requirements for eligibility to receive funds over $50,000 under this
program that all work done in the procurement and installation of non-
fossil fuel heating and cooling systems on State-owned properties or
properties receiving State subsidies, would to the greatest extent
possible, provide training and hiring of formerly-incarcerated individ-
uals.
Subdivision 10 affirms that nothing in this program would alter the
rights, benefits, privileges, civil service status, and collective
bargaining unit membership of any current NYSERDA employees.
Subdivision 11 requires NYSERDA to ensure that the program would not
enable landlords to shift energy costs to their tenants by requiring
tenants to pay for heating costs after electrification, in a situation
where the landlord had been covering heating costs prior to electrifica-
tion.
Subdivision 12 requires NYSERDA to issue relevant guidance for providing
funding under this program and make such information available by engag-
ing in multiple public awareness measures to ensure the public is aware
of and that there is a wide understanding that such a program exists.
Subdivision 13 requires NYSERDA, using funds made available from the
Bucks for Boilers fund, to administer a program to provide grants,
loans, or other services for the costs related to enabling fuel-switch-
ing for residences with propane or fuel-oil heating systems to energy-
efficient appliances, and to ensure such housing is in a state of good
repair.
Section 3 amends section 1854 of Public Authorities Law by adding a new
subdivision 27 that would require NYSERDA to direct all revenues gener-
ated due to regulations or actions taken by the Department of Public
Service, NYSERDA, or any other State entity, would be placed into a
segregated NYSERDA funding account and would not be commingled with
other NYSERDA funds. NYSERDA would be required to transfer funds from
the segregated account to the Bucks for Boilers fund within 30 days
following receipt of generated revenue.
Section 4 amends the State Finance Law by adding a new section 99-ss
establishing the Bucks for Boilers Fund under the joint custody of the
Commissioner of Taxation and Finance and the State Comptroller. The
fund would include money received by the State, including an annual
deposit of four billion dollars by the president of NYSERDA.
Section 5 amends subdivision 6 of section 11-104 of the Energy Law, as
it relates to the State energy conservation construction code, by adding
a new paragraph (c) that would direct the code to prohibit 'prohibited
emissions' in any existing building not more than seven stories in
height on or after December 31st, 2029, and in all existing building
after December 31st, 2034.
Section 6 amends paragraph (b) of subdivision 7 of section 11-104 of the
Energy Law, as it relates to the State energy conservation construction
code, by adding a new paragraph (a-1) to add reference to the provisions
set forth in paragraph (c) of subdivision 6 of this section to not be
construed as prohibiting the continued use of fossil-fuel equipment and
building systems that were installed prior to the effective date of the
applicable prohibition.
Section 7 amends subdivision 8 of section 11-104 of the Energy Law, as
it relates to the State energy conservation construction code, by adding
a new paragraph (c) defining "prohibited emissions."
Section 8 amends paragraphs c and e of subdivision 19 of section 378 of
the Executive Law, as it relates to the standards for the NYS Uniform
Fire Prevention and Building Code, and adds new paragraphs a-1 and b-1,
to include the prohibition on prohibited emissions in any existing
buildings not more than seven stories in height on and after December
31st, 2029 and in all existing buildings on and after December 31st,
2034.
Section 9 amends paragraph g of subdivision 19 of section 378 of the
Executive Law, as it relates to the standards for the NYS Uniform Fire
Prevention and Building Code, by adding a new subparagraph (iii) defin-
ing "prohibited emissions."
Section 10 amends section 224-f of the Labor Law, as it relates to wage
requirements for certain climate risk-related and energy transition
projects, to align such wage requirements with the Bucks for Boilers
projects, and defines such projects as a construction project that
receives at least $100,000 in funds from the Bucks for Boilers fund.
Section 11 amends subdivision (a) of section 10-b of section 4 of chap-
ter 576 of the laws of 1974, as it relates to the Emergency Tenant
Protection Act, by adding a new paragraph 14 to prohibit temporary major
capital improvement increases and individual apartment improvement
increases for buildings undertaking energy efficiency appliances or
related work under the Bucks for Boilers program and requires the exten-
sion of the lease of tenants for no less than five years following the
completion of work under the program.
Section 12 provides the 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 strateaic approach to address affordability,
climate change, and social equity issues, positioning New York State as
a leader in sustainable and inclusive development.
 
LEGISLATIVE HISTORY:
2024: S9099 Rivera/A9990 Stirpe
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
Effective immediately.

Statutes affected:
S3476: 1854 public authorities law, 11-104 energy law, 11-104(6) energy law, 11-104(7) energy law, 11-104(8) energy law, 378 executive law, 378(19) executive law, 224-f labor law
S3476A: 1854 public authorities law, 11-104 energy law, 11-104(6) energy law, 11-104(7) energy law, 11-104(8) energy law, 378 executive law, 378(19) executive law, 224-f labor law