2023 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.
* 1-a. For the purposes of this section, an  "other  covered  project"
means:  (a)  any  "thermal  energy  network"  as  defined by subdivision
twenty-nine of section two of this chapter; (b) any offshore wind supply
chain project, including but not limited to port infrastructure, primary
component manufacturing, finished component  manufacturing,  subassembly
manufacturing, subcomponent manufacturing, or raw material producers, or
a  combination  thereof receiving direct funding from the New York state
energy research and development authority pursuant to an award  under  a
New  York  state energy research and development authority solicitation;
or (c) a "major utility transmission facility" as such term  is  defined
by  section  one  hundred  twenty  of  this  chapter  or "major electric
transmission facility" as defined by article VIII of this chapter.
* NB Effective January 1, 2025
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.
* NB Effective until January 1, 2025
* 3.  The  commission  shall  require  that  the  owner of the covered
renewable energy system or other  covered  project,  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 labor peace agreements with any
bona fide labor organizations  that  either  are  actively  representing
employees  providing  necessary  operations and maintenance services for
the renewable energy system at the time of such  agreement  or  provides
notice  that  it  is attempting to represent any employees in any titles
who provide, or who will provide, necessary operations  and  maintenance
services  for  the  renewable  energy  system  employed  in  the  state;
provided, however, this subdivision  shall  not  apply  to  any  covered
projects  defined in paragraph (c) of subdivision one-a of this section.
The maintenance of such a labor peace agreement,  or  agreements,  which
cover  all  classes of operations and maintenance employees, 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.
* NB Effective January 1, 2025
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.
* NB Effective until January 1, 2025
* (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 steel used or
supplied in the performance of the contract or any  subcontract  thereto
shall  be  produced  or  made in whole or substantial part in the United
States, its territories or possessions. In the case of an iron or  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.
* NB Effective January 1, 2025
(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.