Bill Text: NY A04870 | 2025-2026 | General Assembly | Amended
Bill Title: Aligns utility regulation with state climate justice and emission reduction targets; provides for a statewide affordable gas transition plan and utility home energy affordable transition programs; repeals provisions relating to continuation of gas service; repeals provisions relating to the sale of indigenous natural gas for generation of electricity.
Spectrum: Partisan Bill (Democrat 60-0)
Status: (Introduced) 2025-02-07 - print number 4870a [A04870 Detail]
Download: New_York-2025-A04870-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4870--A 2025-2026 Regular Sessions IN ASSEMBLY February 6, 2025 ___________ Introduced by M. of A. SIMON, SHRESTHA, R. CARROLL, COLTON, GONZALEZ-RO- JAS, ROSENTHAL, SHIMSKY, SEAWRIGHT, GALLAGHER, BURDICK, STERN, LUNS- FORD, FORREST, REYES, LEVENBERG, RAMOS, KELLES, MAMDANI, RAJKUMAR, BORES, STECK, DE LOS SANTOS, GIBBS, WEPRIN, EPSTEIN, SIMONE, STIRPE, CLARK, MITAYNES, ANDERSON, FALL, CUNNINGHAM, PAULIN, HUNTER, DINOWITZ, OTIS, TAPIA, ZACCARO, KIM, HEVESI, SEPTIMO, RAGA, BRONSON, ALVAREZ, TAYLOR, GLICK, MEEKS, JACKSON, LUPARDO, PHEFFER AMATO, LEE, SAYEGH, JACOBSON, BICHOTTE HERMELYN, VANEL, RIVERA, CHANDLER-WATERMAN, ZINER- MAN, WALKER, LUCAS -- read once and referred to the Committee on Corporations, Authorities and Commissions -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT an act to amend the public service law, the public authorities law, the transportation corporations law and the labor law, in relation to enacting the NY Home Energy Affordable Transition Act; to repeal section 66-b of the public service law relating to continuation of gas service; and to repeal section 66-g of the public service law relating to the sale of indigenous natural gas for generation of elec- tricity The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "NY Home Energy Affordable Transition Act" or the "NY HEAT Act". 3 § 2. Legislative findings. The legislature finds and declares that: 4 1. The Climate Leadership and Community Protection Act (CLCPA) sets 5 forth ambitious mandates to achieve significant greenhouse gas (GHG) 6 emission reductions across New York's economy, while prioritizing 7 reductions in co-pollutant emissions in disadvantaged communities and 8 requiring significant state investments to bring the affordability and 9 health benefits of energy efficiency and clean energy to these communi- 10 ties. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05559-05-5A. 4870--A 2 1 2. Buildings are the largest source of GHG emissions in New York, 2 contributing approximately one-third of the state's total emissions. 3 They also produce significant local air pollution, leading to adverse 4 health outcomes such as asthma and heart disease, especially in disad- 5 vantaged communities. Reducing emissions and pollution from buildings is 6 essential to meeting the CLCPA's climate and equity goals and improving 7 public health. 8 3. Achieving New York's climate and equity objectives necessitates 9 updating the regulation of gas utilities. Current policies create misa- 10 lignment between gas system investments and the CLCPA's 2030 and 2050 11 mandates, increasing the risk of a costly and disorderly transition. 12 Strategic planning and investment are needed to decarbonize buildings, 13 right-size the gas system, and ensure coordinated enhancements to the 14 electric system, enabling equitable and affordable access to clean ener- 15 gy solutions for all New Yorkers. Such investments will lead to signif- 16 icant benefits: the Climate Action Council found that the cost of 17 inaction on climate exceeds the cost of action by more than $115 18 billion. 19 4. Outdated public service laws are misaligned with the state's energy 20 affordability goals and CLCPA mandates in the following ways: 21 a. The "utility obligation to serve gas" compels utilities to expand 22 gas infrastructure, making it challenging to redirect investments toward 23 insulating and upgrading homes and installing clean energy alternatives 24 like electrification and thermal energy networks that align with climate 25 goals while mitigating costs for ratepayers. 26 b. Mandated system extension allowances require existing ratepayers to 27 subsidize gas hookups for new customers, costing ratepayers hundreds of 28 millions of dollars annually. 29 c. Utilities are projected to spend $150 billion to replace leak-prone 30 gas pipelines. Through the changes implemented in this act, many of 31 these investments could be avoided by redirecting funds to neighbor- 32 hood-scale decarbonization projects. Neighborhood-scale projects offer 33 the most cost-effective pathway to transition gas customers to alterna- 34 tive heating and cooling solutions. These projects reduce costs, mini- 35 mize stranded investments in the gas system, and enable coordinated 36 efforts among utilities, customers, and other stakeholders. 37 5. This legislation, the NY Home Energy Affordable Transition (NY 38 HEAT) Act, seeks to: 39 a. Reduce unjust and disproportionate energy cost burdens by avoiding 40 unnecessary, non-strategic, and expensive gas infrastructure invest- 41 ments, and improving affordability protections. 42 b. Ensure utility regulations do not work at cross-purposes with the 43 CLCPA. 44 c. Provide the Public Service Commission with clear authority and 45 direction to align utility planning with CLCPA goals, proactively 46 addressing regulatory barriers and recommending necessary legislative 47 changes. 48 d. Minimize the need for new gas infrastructure investments by redi- 49 recting ratepayer funds to alternatives including electrification, ther- 50 mal energy networks, targeted energy efficiency, demand response, and 51 market transformation measures. 52 e. Facilitate a planned, neighborhood-scale transition away from 53 fossil fuels, avoiding stranded gas infrastructure costs and supporting 54 coordinated investments that reduce emissions, increase affordability, 55 and create good paying jobs.A. 4870--A 3 1 f. Ensure equitable access to affordable, clean energy for heating, 2 cooling, and other building needs, protecting customers from undue 3 burdens during the transition. 4 6. This legislation does not impose a ban on the use of gas. It is the 5 intent of the Legislature to support a gradual and carefully planned 6 transition for existing gas customers to cleaner alternatives, ensuring 7 affordability, reliability, and equity throughout the process. 8 § 3. The public service law is amended by adding two new sections 66-y 9 and 66-z to read as follows: 10 § 66-y. Statewide affordable gas transition plan. 1. No later than 11 two years after the effective date of this section, the commission shall 12 publish a statewide affordable gas transition plan to guide an orderly, 13 affordable, and equitable right-sizing of the utility gas system in a 14 manner that aligns with, and supports achievement of, the climate 15 justice and emissions reduction provisions in chapter one hundred six of 16 the laws of two thousand nineteen, and such successors in law and func- 17 tion as may arise from time to time, incorporating in such plan prudent 18 investments and strategic opportunities to generate cost efficiencies 19 for all gas and electric customers and redirect resources toward assist- 20 ing customers to upgrade their homes and energy appliances. Such plan 21 shall include, at a minimum: 22 (a) Targets for the transition of gas system infrastructure and recom- 23 mendations for planning and investment strategies for the state's gas 24 corporations to achieve such targets. 25 (b) General requirements for utility home energy affordable transition 26 programs pursuant to section sixty-six-z of this article, regarding 27 criteria for approval of such programs and neighborhood gas transition 28 projects implemented as part of such programs, including requirements: 29 (i) to ensure customers affected by a neighborhood gas transition 30 project have continued access to safe and reliable energy services for 31 heating, cooling, cooking, and water heating; 32 (ii) for utilities to notify customers affected by a neighborhood gas 33 transition project in a timely manner; 34 (iii) to ensure the ability of the electrical grid to safely support 35 any new electric load created by a home energy affordable transition 36 program, including for utility participation in any coordination activ- 37 ities regarding grid planning; and 38 (iv) to prioritize voluntary disconnections from gas service, to mini- 39 mize the cost of transition for existing gas and electric customers, and 40 to encourage utilization of existing resources for weatherization, ener- 41 gy efficiency, and electrification programs available in the state. 42 (c) In collaboration with the state's gas and electric corporations, 43 identification of a preliminary list of neighborhood gas transition 44 projects best suited for home energy affordable transition programs 45 pursuant to section sixty-six-z of this article. 46 (d) A review of the public service law and its current rules and poli- 47 cy guidance to identify any law, rule, guidance, or lack thereof, that 48 may inhibit timely and equitable achievement of the climate justice and 49 emission reduction provisions in chapter one hundred six of the laws of 50 two thousand nineteen, and such successors in law and function as may 51 arise from time to time. 52 2. In developing an affordable gas transition plan pursuant to this 53 section, the department shall hold no fewer than four public hearings in 54 different regions of the state. 55 3. Upon completion, the statewide affordable gas transition plan shall 56 be made available on the department's website and shall be delivered toA. 4870--A 4 1 the governor, the temporary president of the senate, and the speaker of 2 the assembly. 3 § 66-z. Utility home energy affordable transition programs. 1. The 4 commission shall, for each gas corporation in this state, issue an order 5 to develop home energy affordable transition programs pursuant to this 6 section, and in accordance with the statewide affordable gas transition 7 plan in section sixty-six-y of this article, and shall require partic- 8 ipation of such gas corporation as necessary for implementation. Such 9 programs shall require implementation of neighborhood gas transition 10 projects for the purpose of decommissioning discrete segments of the 11 utility gas system in order to provide for an orderly gas system transi- 12 tion to achieve consistency with the climate justice and emission 13 reduction provisions in chapter one hundred six of the laws of two thou- 14 sand nineteen, and such successors in law and function as may arise from 15 time to time. Development and approval of such programs shall be 16 completed no later than one year after the statewide affordable gas 17 transition plan has been published. 18 2. Prior to January first, two thousand thirty, no existing residen- 19 tial gas customer, as such term is referenced in section thirty of this 20 chapter, shall have their gas service discontinued as part of a neigh- 21 borhood gas transition project implemented pursuant to this section 22 except by consent of such customer. 23 3. Programs shall be designed to maximize cost efficiencies from 24 avoided investments in the expansion and maintenance of the gas system, 25 and redirect resources toward implementation of neighborhood gas transi- 26 tion projects, including assisting customers to upgrade their homes and 27 energy appliances, including those used for heating, cooling, cooking, 28 and water heating, in addition to utilizing state and federal appliance 29 and efficiency incentive programs and other available funding streams. 30 4. The commission shall only approve programs that ensure that all 31 affected residential customers will: 32 (a) have continued access to safe and reliable energy services for 33 heating, cooling, cooking, and water heating; 34 (b) have access to funding and technical support for the purchase and 35 installation of customer-owned equipment at low or no cost, as well as 36 for the purposes of identifying, planning, and securing services to 37 undertake weatherization and energy efficiency measures, and pre-elec- 38 trification upgrades, using any resources available for such purposes; 39 (c) be given notice at least two years in advance of the cessation of 40 gas service, and at least every six months subsequently, via mail and, 41 when applicable, electronically, and, where feasible, through at least 42 one in-person contact, and be provided notification of financial and 43 technical assistance available to such customers from the utility or 44 other state or federal programs to support electrification; 45 (d) have an opportunity to comment on the proposed neighborhood gas 46 transition project before it is finalized; and 47 (e) be provided notice when an adjacent customer connected to their 48 local gas grid has voluntarily opted to discontinue service, via mail 49 and, when applicable, electronically. 50 5. The commission shall require each gas corporation to reevaluate its 51 existing plans, policies, and programs related to proactive replacement 52 of gas system infrastructure based on analyses of discrete segments of 53 the gas system that are most suitable to be prioritized for neighborhood 54 gas transition projects. 55 6. The commission shall ensure that any program approved pursuant to 56 this section will not compromise the safety and reliability of the elec-A. 4870--A 5 1 tric distribution grid or gas distribution system, or result in unrea- 2 sonable disruption of service to buildings that are used for an indus- 3 trial or commercial use that is difficult to electrify using 4 commercially available technology or that house an energy intensive and 5 trade exposed industry, or to critical infrastructure as such terms are 6 defined by the commission. 7 7. Programs approved pursuant to this section shall not compromise the 8 ability of a gas corporation to seek to recover prudent, commission-ap- 9 proved investments in infrastructure that was used and useful. 10 8. Prior to approval, the commission shall consider whether a program 11 is adequately designed to mitigate potential financial hardship to 12 affected residential customers in connection with the replacement of 13 gas-fired appliances as part of neighborhood gas transition projects 14 implemented pursuant to the program. 15 § 4. Subdivision 1 of section 4 of the public service law, as amended 16 by chapter 594 of the laws of 2021, is amended to read as follows: 17 1. There shall be in the department of public service a public service 18 commission, which shall possess the powers and duties hereinafter speci- 19 fied, and also all powers necessary or proper to enable it to carry out 20 the purposes of this chapter and to enable achievement of the climate 21 justice and emission reduction provisions in chapter one hundred six of 22 the laws of two thousand nineteen, and such successors in law and func- 23 tion as may arise from time to time. The commission shall consist of 24 five members, to be appointed by the governor, by and with the advice 25 and consent of the senate. A commissioner shall be designated as [chair-26man] chairperson of the commission by the governor to serve in such 27 capacity at the pleasure of the governor or until [his] the commission- 28 er's term [as commissioner] expires whichever first occurs. At least one 29 commissioner shall have experience in utility consumer advocacy. No more 30 than three commissioners may be members of the same political party 31 unless, pursuant to action taken under subdivision two of this section, 32 the number of commissioners shall exceed five, and in such event no more 33 than four commissioners may be members of the same political party. 34 § 5. Paragraph b of subdivision 1 of section 5 of the public service 35 law, as amended by chapter 155 of the laws of 1970, is amended to read 36 as follows: 37 b. To the manufacture, conveying, transportation, sale or distribution 38 of gas (natural or manufactured or mixture of both) and electricity for 39 light, heat, cooling, or power, to gas plants and to electric plants and 40 to the persons or corporations owning, leasing or operating the same. 41 § 6. Section 30 of the public service law, as amended by chapter 686 42 of the laws of 2002, is amended to read as follows: 43 § 30. Residential gas, electric and steam service policy. 1. This 44 article shall apply to the provision of all or any part of the gas, 45 electric or steam service provided to any residential customer by any 46 gas, electric or steam and municipalities corporation or municipality. 47 It is hereby declared to be the policy of this state that the continued 48 provision of [all or any part of such gas,] electric and steam [service] 49 services to all residential customers without unreasonable qualifica- 50 tions or lengthy delays is necessary for the preservation of the health 51 and general welfare, is consistent with the achievement of the state's 52 climate justice and emission reduction goals, and is in the public 53 interest. It is further the policy of this state that electric and 54 steam services to all residential customers, and gas service for exist- 55 ing residential customers must be provided in a manner that is safe and 56 adequate, not unjustly discriminatory or unduly preferential, and in allA. 4870--A 6 1 respects just and reasonable, while providing for an orderly, affordable 2 and equitable right-sizing of the utility gas system to achieve consist- 3 ency with the climate justice and emission reduction provisions in chap- 4 ter one hundred six of the laws of two thousand nineteen, and such 5 successors in law and function as may arise from time to time, encourag- 6 ing neighborhood-scale transitions and the elimination of on-site 7 co-pollutants. 8 2. (a) The commission shall regulate for the continued provision of 9 gas service to all existing residential gas customers, unless such 10 service is discontinued pursuant to a home energy affordable transition 11 program approved by the commission pursuant to section sixty-six-z of 12 this chapter. 13 (b) For the purposes of this section, any new residential gas customer 14 purchasing or renting or moving into a building with existing gas 15 service, or in which gas service was temporarily interrupted, as defined 16 by the commission, including temporary interruption for emergencies, 17 disasters, maintenance, repairs, renovation, or restoration, shall be 18 treated as an existing customer unless and until such service is discon- 19 tinued pursuant to a home energy affordable transition program approved 20 by the commission. 21 3. (a) Within one year of the effective date of this subdivision, the 22 commission shall develop a plan to ensure that all residential customers 23 be adequately protected from bearing an energy burden greater than six 24 percent of their household income. In developing such plan, the commis- 25 sion shall evaluate available tools, including but not limited to bill 26 discounts, bill credits, redirection of avoided costs of utility infras- 27 tructure, rate making strategies, energy efficiency, distributed renewa- 28 ble energy, and potential budgetary measures, prioritizing mitigation of 29 rate increases on residential customers. Beginning in the calendar year 30 following the effective date of this subdivision, and continuing annual- 31 ly on or before October first, the commission shall report to the gover- 32 nor and legislature on the actions it has taken and progress it has made 33 toward implementing the plan developed pursuant to this paragraph. Such 34 report shall include but not be limited to recommendations regarding any 35 additional legislative or budgetary measures necessary to achieve such 36 goal. The annual report shall also be published on the commission's 37 website. In implementing the plan developed pursuant to this paragraph, 38 the commission shall prioritize low-to-moderate income customers, as 39 defined by the commission, including those who are already eligible for 40 the commission's energy affordability program. 41 (b) In order to ensure that all residential customers be adequately 42 protected from bearing an energy burden greater than six percent of 43 their household income, the commission may authorize the use of reason- 44 able per-customer caps on the amount of energy subject to such 45 protections. The commission may also establish a reasonable cap on 46 collections from ratepayers to fund the commission's energy affordabili- 47 ty program or similar successor programs provided such cap is not less 48 than three percent of total electric or gas revenues for sales to end- 49 use customers for each utility. 50 4. Nothing in this article or any other law of New York state shall be 51 interpreted or otherwise construed as preempting a municipality from 52 adopting building codes or other regulations regarding on-site emissions 53 for new and existing buildings within their localities. 54 § 7. Subdivision 1 of section 1020-cc of the public authorities law, 55 as amended by section 11 of part A of chapter 173 of the laws of 2013, 56 is amended to read as follows:A. 4870--A 7 1 1. All contracts of the authority shall be subject to the provisions 2 of the state finance law relating to contracts made by the state. The 3 authority shall also establish rules and regulations with respect to 4 providing to its residential gas, electric and steam utility customers 5 those rights and protections provided in article two and sections one 6 hundred seventeen and one hundred eighteen of the public service law and 7 section one hundred thirty-one-s of the social services law. It shall 8 be a goal of the authority that all residential customers be adequately 9 protected from bearing an energy burden greater than six percent of 10 their household income pursuant to subdivision three of section thirty 11 of the public service law. The authority shall conform to any safety 12 standards regarding manual lockable disconnect switches for solar elec- 13 tric generating equipment established by the public service commission 14 pursuant to subparagraph (ii) of paragraph (a) of subdivision five and 15 subparagraph (ii) of paragraph (a) of subdivision five-a of section 16 sixty-six-j of the public service law. The authority shall let contracts 17 for construction or purchase of supplies, materials, or equipment pursu- 18 ant to section one hundred three and paragraph (e) of subdivision four 19 of section one hundred twenty-w of the general municipal law. 20 § 8. Subdivisions 1, 3 and 4 of section 31 of the public service law, 21 as added by chapter 713 of the laws of 1981, are amended and a new 22 subdivision 4-a is added to read as follows: 23 1. Every gas corporation, electric corporation or municipality shall 24 provide residential service upon the oral or written request of an 25 applicant, provided that any residential gas service shall only be 26 provided in accordance with section thirty of this article, and provided 27 further that the commission may require that requests for service be in 28 writing under circumstances as it deems necessary and proper as set 29 forth by regulation, and provided further that the applicant: 30 (a) makes full payment for residential utility service provided to a 31 prior account in [his] the applicant's name; or 32 (b) agrees to make payments under a deferred payment plan of any 33 amounts due for service to a prior account in [his] the applicant's name 34 and makes a down payment based on criteria to be established by the 35 commission. No such down payment shall exceed one-half of any money due 36 from an applicant for residential utility service, or three months aver- 37 age billing, whichever is less; or 38 (c) is a recipient of public assistance, supplemental security income 39 or additional state payments pursuant to the social services law, or is 40 an applicant for such assistance, income or payments, and the utility 41 corporation or the municipality receives payment from, or is notified of 42 the applicant's eligibility for utility payments by the social services 43 official of the social services district in which such person resides 44 for amounts due for service to a prior account in the applicant's name, 45 together with guarantee of future payments to the extent authorized by 46 the social services law; and 47 (d) receives clear, timely information from the gas corporation, elec- 48 tric corporation, municipality, or retail energy service company, writ- 49 ten in plain language, available in the top twelve most common non-Engl- 50 ish languages spoken by limited English proficient New Yorkers, and 51 approved by the commission after stakeholder input, on incentives and 52 opportunities for installing energy-efficient electric heating and cool- 53 ing technologies, weatherization, demand-side management, and distrib- 54 uted energy resource programs. 55 (e) nothing in this subdivision shall be construed to prohibit exist- 56 ing gas customers, in accordance with section thirty of this article andA. 4870--A 8 1 subject to any other regulations implemented by the commission, from 2 reconnecting to the gas distribution system following a gas interruption 3 due to emergency repairs or remediation of leaking equipment. 4 3. Subject to the requirements of subdivisions four, four-a and five 5 of this section, and in accordance with section thirty of this article, 6 whenever a residential customer moves to a new residence within the 7 service territory of the same utility corporation or municipality, [he] 8 the applicant shall be eligible to receive service at the new residence 9 and such service shall be considered a continuation of service in all 10 respects except for the purposes of section thirty of this article, with 11 any deferred payment agreement honored, and with all rights of such 12 customer and such utility corporation provided by this article unim- 13 paired. 14 4. In the case of any application for electric service to a building 15 which is not supplied with electricity [or gas], a utility corporation 16 or municipality shall be obligated to provide electric service to such a 17 building, provided however, that the commission may require applicants 18 for service to buildings located in excess of one hundred feet from [gas19or] electric transmission lines to pay or agree in writing to pay mate- 20 rial and installation costs relating to the applicant's proportion of 21 the pipe, conduit, duct or wire, or other facilities to be installed. 22 4-a. In the case of any application for gas service to a building 23 which is not supplied with gas, a utility corporation or municipality 24 shall be obligated to provide gas service to such building in accordance 25 with commission regulation, provided however, that the commission shall 26 require applicants for gas service to such building to pay or agree in 27 writing to pay material and installation costs relating to the pipe or 28 other facilities to be installed to enable service to the applicant. 29 § 9. Section 12 of the transportation corporations law, as separately 30 amended by chapters 713 and 895 of the laws of 1981, is amended to read 31 as follows: 32 § 12. [Gas and electricity] Electricity must be supplied on applica- 33 tion. Except in the case of an application for residential utility 34 service pursuant to article two of the public service law, upon written 35 application of the owner or occupant of any building within one hundred 36 feet of any [main of a gas corporation or gas and electric corporation,37or a] line of an electric corporation or gas and electric corporation, 38 appropriate to the service requested, and payment by [him] the applicant 39 of all money due from [him] the applicant to the corporation, it shall 40 supply [gas or] electricity as may be required for [lighting] such 41 building, notwithstanding there be rent or compensation in arrears for 42 gas or electricity supplied, or for meter, wire, pipe or fittings 43 furnished, to a former occupant thereof, unless such owner or occupant 44 shall have undertaken or agreed with the former occupant to pay or to 45 exonerate [him] the former occupant from the payment of such arrears, 46 and shall refuse or neglect to pay the same; and if for the space of ten 47 days after such application, and the deposit of a reasonable sum as 48 provided in the next section, if required, the corporation shall refuse 49 or neglect to supply gas or [electric light] electricity as required, 50 such corporation shall forfeit and pay to the applicant the sum of ten 51 dollars, and the further sum of five dollars for every day thereafter 52 during which such refusal or neglect shall continue; provided that no 53 such corporation shall be required to lay service pipes or wires for the 54 purpose of supplying gas or electric light to any applicant where the 55 ground in which such pipe or wire is required to be laid shall be 56 frozen, or shall otherwise present serious obstacles to laying the same;A. 4870--A 9 1 nor unless the applicant, if required, shall deposit in advance with the 2 corporation a sum of money sufficient to pay the cost of [his propor-3tion] the applicant's portion of the pipe, conduit, duct or wire 4 required to be installed, and the expense of the installation of such 5 portion. 6 § 10. The transportation corporations law is amended by adding a new 7 section 13 to read as follows: 8 § 13. Gas must be supplied in accordance with public service commis- 9 sion rules and regulations. Except in the case of an application for 10 residential utility service pursuant to article two of the public 11 service law, upon written application of the owner or occupant of any 12 building within one hundred feet of any main of a gas corporation or gas 13 and electric corporation appropriate to the service requested, and 14 payment by the applicant of all money due from the applicant to the 15 corporation, it shall supply gas for such building in accordance with 16 public service commission regulations, notwithstanding there be rent or 17 compensation in arrears for gas supplied, or for meter, pipe or fittings 18 furnished, to a former occupant thereof, unless such owner or occupant 19 shall have undertaken or agreed with the former occupant to pay or to 20 exonerate the former occupant from the payment of such arrears, and 21 shall refuse or neglect to pay the same; and if for the space of ten 22 days after such application, and the deposit of a reasonable sum, if 23 required, the corporation shall refuse or neglect to supply gas as 24 required pursuant to public service commission rules and regulations, 25 such corporation shall forfeit and pay to the applicant the sum of ten 26 dollars, and the further sum of five dollars for every day thereafter 27 during which such refusal or neglect shall continue; provided that no 28 such corporation shall be required to lay service pipes for the purpose 29 of supplying gas to any applicant where the ground in which such pipes 30 are required to be laid shall be frozen, or shall otherwise present 31 serious obstacles to laying the same; nor unless the applicant shall 32 deposit in advance with the corporation a sum of money sufficient to pay 33 the material and installation costs relating to the pipe or other facil- 34 ities to be installed to enable service to the applicant. 35 § 11. Section 66 of the public service law is amended by adding a new 36 subdivision 12-e to read as follows: 37 12-e. The commission shall review the capital construction plan of 38 each gas corporation and establish a process to examine the feasible 39 alternatives to such construction in order to achieve consistency with 40 the climate justice and emission reduction provisions in chapter one 41 hundred six of the laws of two thousand nineteen, and such successors in 42 law and function as may arise from time to time, and to align with the 43 statewide affordable gas transition plan pursuant to section sixty-six-y 44 of this article. The commission may require participation in such proc- 45 ess by each electric corporation with a service area overlapping the 46 service area of the gas corporation, and the commission shall have the 47 power to require any such electric corporation to participate in alter- 48 natives to gas capital construction, including participation in financ- 49 ing. Any costs incurred by such electric corporation for such corpo- 50 ration's participation shall be subject to an opportunity for full 51 recovery, as determined by the commission. 52 § 12. Section 66-b of the public service law is REPEALED. 53 § 13. The public service law is amended by adding a new section 66-x 54 to read as follows: 55 § 66-x. Expansion of gas company service territories. Except as 56 provided in this section, and notwithstanding any other provision ofA. 4870--A 10 1 this chapter, after December thirty-first, two thousand twenty-six, the 2 commission shall not grant an amendment of a gas company's certificate 3 of public convenience and necessity that expands a gas company's service 4 territory in order to extend gas plant and the availability of gas 5 service into geographic areas where gas service was not available prior 6 to such date. The commission may authorize exceptions to the policy set 7 forth in this section on a case-by-case basis, provided that the commis- 8 sion finds that the amendment of the certificate of public convenience 9 and necessity is limited to a project that serves a compelling state 10 interest, alternatives to gas service are either not technically feasi- 11 ble or prohibitively expensive, and that the project will be completed 12 and put into service not later than December thirty-first, two thousand 13 twenty-eight. 14 § 14. Section 66-g of the public service law is REPEALED. 15 § 15. Subdivision 1 of section 224-d of the labor law, as amended by 16 section 31 of part O of chapter 58 of the laws of 2024, is amended and a 17 new subdivision 9 is added to read as follows: 18 1. For purposes of this section, a "covered renewable energy system" 19 means (a) a renewable energy system, as such term is defined in section 20 sixty-six-p of the public service law, with a capacity of one or more 21 megawatts alternating current and which involves the procurement of 22 renewable energy credits by a public entity, or a company or corporation 23 provided in subdivisions twenty-three and twenty-four of section two of 24 the public service law, or a third party acting on behalf and for the 25 benefit of a public entity; (b) any "thermal energy network" as defined 26 by subdivision twenty-nine of section two of the public service law; (c) 27 any offshore wind supply chain project, including but not limited to 28 port infrastructure, primary component manufacturing, finished component 29 manufacturing, subassembly manufacturing, subcomponent manufacturing, or 30 raw material producers, or a combination thereof receiving direct fund- 31 ing from the New York state energy research and development authority 32 pursuant to an award under a New York state energy research and develop- 33 ment authority solicitation; [or] (d) a "major utility transmission 34 facility" as such term is defined by section one hundred twenty of the 35 public service law; or (e) any covered neighborhood gas transition 36 project, as defined by subdivision nine of this section. 37 9. For purposes of this section, a "covered neighborhood gas transi- 38 tion project" shall mean a project performed by contractors or subcon- 39 tractors hired directly by a public utility company, as defined by 40 subdivision twenty-three of section two of the public service law, to 41 ensure that customers permanently transitioning off utility gas service 42 as part of a home energy affordable transition program pursuant to 43 section sixty-six-z of the public service law have continued access to 44 safe and reliable energy services for heating, cooling, cooking, and 45 water heating. A covered neighborhood gas transition project shall not 46 include a project performed under private contract with an entity other 47 than a public utility company, even if such entity or contractor 48 receives financial and/or technical support from a public utility compa- 49 ny, including for the purchase and installation of customer-owned equip- 50 ment. 51 § 16. Severability. If any word, phrase, clause, sentence, paragraph, 52 section, or part of this act shall be adjudged by any court of competent 53 jurisdiction to be invalid, such judgment shall not affect, impair, or 54 invalidate the remainder thereof, but shall be confined in its operation 55 to the word, phrase, clause, sentence, paragraph, section, or part ther- 56 eof directly involved in the controversy in which such judgment shallA. 4870--A 11 1 have been rendered. It is hereby declared to be the intent of the legis- 2 lature that this act would have been enacted even if such invalid 3 provisions had not been included herein. 4 § 17. This act shall take effect immediately.
