NY Pub Serv L § 66-R (2021)
2021 New York Laws PBS - Public Service Article 4 - Provisions Relating to Gas and Electric Corporations; Regulation of Price of Gas and Electricity 66-R - Requirements for Certain Renewable Energy Systems.

* §  66-r.  Requirements  for certain renewable energy systems. 1. For the purposes of this section, a "covered renewable energy system"  means a   renewable  energy  system,  as  such  term  is  defined  in  section sixty-six-p of this article,  with  a  capacity  of  greater  than  five megawatts  alternating  current  and  which  involves the procurement of renewable energy credits by a public entity, or a third party acting  on behalf and for the benefit of a public entity.   2.  For  purposes  of this section, "public entity" shall include, but shall not be limited to, the state, a local development  corporation  as defined  in  subdivision  eight  of  section eighteen hundred one of the public authorities  law  or  section  fourteen  hundred  eleven  of  the not-for-profit  corporation  law,  a municipal corporation as defined in section  one  hundred  nineteen-n  of  the  general  municipal  law,  an industrial  development  agency formed pursuant to article eighteen-A of the general municipal law or industrial development  authorities  formed pursuant  to article eight of the public authorities law, and any state, local or interstate or international authorities as defined  in  section two  of  the public authorities law; and shall include any trust created by any such entities.   3. The  commission  shall  require  that  the  owner  of  the  covered renewable  energy system, or a third party acting on the owner's behalf, as an ongoing condition of any renewable energy credits agreement with a public entity, shall stipulate to the fiscal officer that it will  enter into  a  labor  peace  agreement  with  at  least  one  bona  fide labor organization either where such bona fide labor organization is  actively representing  employees  providing  necessary operations and maintenance services for the renewable energy system at the time of  such  agreement or  upon  notice by a bona fide labor organization that is attempting to represent  employees  who  will   provide   necessary   operations   and maintenance  services  for  the  renewable energy system employed in the state. The maintenance of such a  labor  peace  agreement  shall  be  an ongoing  material  condition  of  any  continuation  of payments under a renewable energy credits agreement. For purposes of this section  "labor peace  agreement"  means  an  agreement  between  an  entity  and  labor organization that,  at  a  minimum,  protects  the  state's  proprietary interests  by  prohibiting labor organizations and members from engaging in  picketing,  work  stoppages,  boycotts,  and  any   other   economic interference  with  the  relevant  renewable  energy  system. "Renewable energy credits agreement" shall mean any  public  entity  contract  that provides  production-based  payments  to  a  renewable energy project as defined in this section.   4.(a)  Any  public  entity,  in  each   contract   for   construction, reconstruction,  alteration,  repair,  improvement  or  maintenance of a covered renewable energy system which  involves  the  procurement  of  a renewable  energy credits agreement by a public entity, or a third party acting on behalf and for the benefit of a  public  entity,  the  "public work"  for  the  purposes  of  this  subdivision, shall ensure that such contract shall contain a provision that the iron  and  structural  steel used  or  supplied in the performance of the contract or any subcontract thereto and that is permanently incorporated into the public work, shall be produced or made in whole or substantial part in the  United  States, its  territories  or  possessions.  In  the case of a structural iron or structural steel product all manufacturing must take place in the United States, from the  initial  melting  stage  through  the  application  of coatings,  except  metallurgical  processes  involving the refinement of steel additives. For the  purposes  of  this  subdivision,  "permanently incorporated"  shall  mean  an iron or steel product that is required to remain in place at the end of the project contract, in a fixed location,  affixed to the public work to which it was incorporated. Iron and  steel products  that  are  capable of being moved from one location to another are not permanently incorporated into a public work.  (b)  The  provisions  of  paragraph  (a) of this subdivision shall not apply if the head of the department or agency  constructing  the  public works,  in  his  or  her sole discretion, determines that the provisions would not be in the public interest, would result in unreasonable costs, or that obtaining such steel or iron in the United States would increase the cost of the contract by an unreasonable  amount,  or  such  iron  or steel, including without limitation structural iron and structural steel cannot  be  produced  or  made  in  the  United States in sufficient and reasonably available quantities and of satisfactory quality. The head of the department or agency constructing the  public  works  shall  include this  determination in an advertisement or solicitation of a request for proposal, invitation for bid, or solicitation of proposal, or any  other method  provided for by law or regulation for soliciting a response from offerors intending to result in a contract pursuant to this subdivision. The provisions of paragraph (a) of this subdivision shall not apply  for equipment  purchased  by  a covered renewable energy system prior to the effective date of this chapter.  (c) The head of the department or agency constructing the public works may, at his or her sole discretion, provide  for  a  solicitation  of  a request  for  proposal, invitation for bid, or solicitation of proposal, or any other method provided for by law or regulation for  soliciting  a response  from  offerors  intending  to result in a contract pursuant to this paragraph involving a competitive process in which  the  evaluation of  competing  bids  gives  significant  consideration in the evaluation process to the procurement of equipment  and  supplies  from  businesses located in New York state.   5.  Whenever  changes  are  proposed to any public procurement process involving the program described in subdivision two of this section,  the commission  shall  make  simultaneous  recommendations  to the temporary president of the senate and speaker of the assembly, regarding necessary changes to this section, if any, in meeting the goals  outlined  in  the legislative findings and intent of the chapter by which this section was enacted.   * NB Effective October 1, 2021