N.Y. Public Service Law § 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.

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 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.

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 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.

(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.