N.Y. PBS Law § 66-R — New York Code / Act PBS / Article 4 / Section 66-R
Requirements for certain renewable energy systems
Status: in_force

§ 66-r. Requirements for certain renewable energy systems. 1. For the\npurposes of this section, a "covered renewable energy system" means a\nrenewable energy system, as such term is defined in section sixty-six-p\nof this article, with a capacity of greater than five megawatts\nalternating current and which involves the procurement of renewable\nenergy credits by a public entity, or a third party acting on behalf and\nfor the benefit of a public entity.\n  1-a. For the purposes of this section, an "other covered project"\nmeans: (a) any "thermal energy network" as defined by subdivision\ntwenty-nine of section two of this chapter; (b) any offshore wind supply\nchain project, including but not limited to port infrastructure, primary\ncomponent manufacturing, finished component manufacturing, subassembly\nmanufacturing, subcomponent manufacturing, or raw material producers, or\na combination thereof receiving direct funding from the New York state\nenergy research and development authority pursuant to an award under a\nNew York state energy research and development authority solicitation;\nor (c) a "major utility transmission facility" as such term is defined\nby section one hundred twenty of this chapter or "major electric\ntransmission facility" as defined by article VIII of this chapter.\n  2. For purposes of this section, "public entity" shall include, but\nshall not be limited to, the state, a local development corporation as\ndefined in subdivision eight of section eighteen hundred one of the\npublic authorities law or section fourteen hundred eleven of the\nnot-for-profit corporation law, a municipal corporation as defined in\nsection one hundred nineteen-n of the general municipal law, an\nindustrial development agency formed pursuant to article eighteen-A of\nthe general municipal law or industrial development authorities formed\npursuant to article eight of the public authorities law, and any state,\nlocal or interstate or international authorities as defined in section\ntwo of the public authorities law; and shall include any trust created\nby any such entities.\n  3. The commission shall require that the owner of the covered\nrenewable energy system or other covered project, or a third party\nacting on the owner's behalf, as an ongoing condition of any renewable\nenergy credits agreement with a public entity, shall stipulate to the\nfiscal officer that it will enter into labor peace agreements with any\nbona fide labor organizations that either are actively representing\nemployees providing necessary operations and maintenance services for\nthe renewable energy system at the time of such agreement or provides\nnotice that it is attempting to represent any employees in any titles\nwho provide, or who will provide, necessary operations and maintenance\nservices for the renewable energy system employed in the state;\nprovided, however, this subdivision shall not apply to any covered\nprojects defined in paragraph (c) of subdivision one-a of this section.\nThe maintenance of such a labor peace agreement, or agreements, which\ncover all classes of operations and maintenance employees, shall be an\nongoing material condition of any continuation of payments under a\nrenewable energy credits agreement. For purposes of this section "labor\npeace agreement" means an agreement between an entity and labor\norganization that, at a minimum, protects the state's proprietary\ninterests by prohibiting labor organizations and members from engaging\nin picketing, work stoppages, boycotts, and any other economic\ninterference with the relevant renewable energy system. "Renewable\nenergy credits agreement" shall mean any public entity contract that\nprovides production-based payments to a renewable energy project as\ndefined in this section.\n  4. (a) Any public entity, in each contract for construction,\nreconstruction, alteration, repair, improvement or maintenance of a\ncovered renewable energy system which involves the procurement of a\nrenewable energy credits agreement by a public entity, or a third party\nacting on behalf and for the benefit of a public entity, the "public\nwork" for the purposes of this subdivision, shall ensure that such\ncontract shall contain a provision that the iron and steel used or\nsupplied in the performance of the contract or any subcontract thereto\nshall be produced or made in whole or substantial part in the United\nStates, its territories or possessions. In the case of an iron or steel\nproduct all manufacturing must take place in the United States, from the\ninitial melting stage through the application of coatings, except\nmetallurgical processes involving the refinement of steel additives.\n  (b) The provisions of paragraph (a) of this subdivision shall not\napply if the head of the department or agency constructing the public\nworks, in his or her sole discretion, determines that the provisions\nwould not be in the public interest, would result in unreasonable costs,\nor that obtaining such steel or iron in the United States would increase\nthe cost of the contract by an unreasonable amount, or such iron or\nsteel, including without limitation structural iron and structural steel\ncannot be produced or made in the United States in sufficient and\nreasonably available quantities and of satisfactory quality. The head of\nthe department or agency constructing the public works shall include\nthis determination in an advertisement or solicitation of a request for\nproposal, invitation for bid, or solicitation of proposal, or any other\nmethod provided for by law or regulation for soliciting a response from\nofferors intending to result in a contract pursuant to this subdivision.\nThe provisions of paragraph (a) of this subdivision shall not apply for\nequipment purchased by a covered renewable energy system prior to the\neffective date of this chapter.\n  (c) The head of the department or agency constructing the public works\nmay, at his or her sole discretion, provide for a solicitation of a\nrequest for proposal, invitation for bid, or solicitation of proposal,\nor any other method provided for by law or regulation for soliciting a\nresponse from offerors intending to result in a contract pursuant to\nthis paragraph involving a competitive process in which the evaluation\nof competing bids gives significant consideration in the evaluation\nprocess to the procurement of equipment and supplies from businesses\nlocated in New York state.\n  5. Whenever changes are proposed to any public procurement process\ninvolving the program described in subdivision two of this section, the\ncommission shall make simultaneous recommendations to the temporary\npresident of the senate and speaker of the assembly, regarding necessary\nchanges to this section, if any, in meeting the goals outlined in the\nlegislative findings and intent of the chapter by which this section was\nenacted.\n