N.Y.
Public Service Law Section 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 § 66-P (Establishment of a renewable energy program)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 § 2 (Definitions)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 § 120 (Definitions)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 Public Authorities Law § 1801 (Definitions)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 General Municipal Law § 119-N (Definitions)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 Public Authorities Law § 2 (Definitions)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.
Source:
Section 66-R — Requirements for certain renewable energy systems, https://www.nysenate.gov/legislation/laws/PBS/66-R (updated Jun. 21, 2024; accessed Oct. 26, 2024).
