S 9915 NY

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Bill No.: Summary Actions Committee&nbspVotes Floor&nbspVotes Memo Text LFIN Chamber&nbspVideo/Transcript S09915 Summary: BILL NO S09915 &nbsp SAME AS SAME AS A10917

&nbsp SPONSOR PARKER &nbsp COSPNSR &nbsp MLTSPNSR &nbsp Amd §66-r, Pub Serv L; amd §224-d, Lab L &nbsp Requires battery energy storage system owners and operators to demonstrate compliance with workforce reliability standards as a condition of state financial assistance; extends prevailing wage requirements and whistleblower protections to operations and maintenance employees at covered battery energy storage systems; directs the public service commission to promulgate implementing regulations; and requires a periodic review of implementation.

Go to top S09915 Text:

STATE OF NEW YORK ________________________________________________________________________

9915

IN SENATE

April 14, 2026 ___________

Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommuni- cations

AN ACT to amend the public service law, in relation to requiring battery energy storage system owners and operators to demonstrate compliance with workforce reliability standards as a condition of state financial assistance; to amend the labor law, in relation to extending prevail- ing wage requirements and whistleblower protections to operations and maintenance employees at covered battery energy storage systems; to direct the public service commission to promulgate regulations; and to require a periodic review of implementation

The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:

1 Section 1. Legislative findings and declarations. The legislature 2 hereby finds and declares that: 3 (a) The Climate Leadership and Community Protection Act (CLCPA) 4 commits New York State to a zero-emissions electricity grid by 2040 and 5 establishes a target of six gigawatts of energy storage by 2030, requir- 6 ing the rapid deployment of battery energy storage systems (BESS) as 7 critical grid infrastructure; 8 (b) Existing law imposes comprehensive labor standards upon the 9 construction phase of battery energy storage and renewable energy 10 projects; however, no equivalent uniform mandate governs the workforce 11 performing operations and maintenance (O&M) of such facilities, creating 12 a two-tier system in which workers who build these assets are protected 13 but those who operate them over the life of the facility are not; 14 (c) Battery energy storage systems are long-term critical grid infras- 15 tructure assets whose safe and reliable operation over decades of 16 service depends upon a skilled, stable, certified, and adequately 17 compensated workforce; high O&M workforce turnover, inadequate training, 18 and unstable employment at BESS facilities present measurable risks to 19 grid reliability and to communities hosting such installations; 20 (d) The state, as a grantor of substantial public financial assistance 21 to battery energy storage projects through NYSERDA incentive programs,

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15451-01-6

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1 the Clean Energy Fund, Public Service Commission siting authority, and 2 tax incentives under the real property tax law, possesses the authority 3 to condition the receipt of such assistance upon compliance with work- 4 force reliability standards, consistent with the market participant 5 doctrine established in Building and Construction Trades Council v. 6 Associated Builders and Contractors of Massachusetts/Rhode Island, Inc., 7 507 U.S. 218 (1993), and White v. Massachusetts Council of Construction 8 Employers, Inc., 460 U.S. 204 (1983), without infringing upon the 9 National Labor Relations Act, 29 U.S.C. § 151 et seq., the state acting 10 in its capacity as a market participant and benefits grantor and not as 11 a regulator of the labor-management relationship; and 12 (e) It is the policy of the state that labor protections shall follow 13 the asset from construction through the operational life of the facili- 14 ty; that BESS O&M employment shall be subject to workforce reliability 15 standards ensuring safety, continuity, and quality; and that the state's 16 market participant authority shall be exercised through conditions on 17 the receipt of public financial assistance, not as a condition upon the 18 right to operate. 19 § 2. Section 66-r of the public service law is amended by adding thir- 20 teen new subdivisions 1-b, 1-c, 1-d, 1-e, 1-f, 4-a, 4-b, 4-c, 4-d, 4-e, 21 4-f, 4-g, and 4-h to read as follows: 22 1-b. "Battery energy storage system" or "BESS" shall mean any electric 23 energy storage facility, including lithium-ion, non-lithium, and flow 24 battery technologies, that: (i) has a nameplate capacity of one megawatt 25 (MW) alternating current or greater; (ii) is connected to the trans- 26 mission or distribution system of a utility operating in this state; and 27 (iii) is utilized to store and discharge electricity in support of 28 renewable energy generation, grid stability, or demand management func- 29 tions. Battery energy storage systems with a nameplate capacity of less 30 than one megawatt serving exclusively residential or small commercial 31 customers shall be exempt from subdivisions four-a through four-h of 32 this section. 33 1-c. "Qualified labor organization" shall mean a bona fide labor 34 organization, as defined in section two of the labor law, that repres- 35 ents or seeks to represent employees performing utility or energy oper- 36 ations work, including O&M of electric generation, transmission, 37 distribution, or energy storage facilities, within the service territory 38 in which the battery energy storage system is located. The determination 39 of which qualified labor organization holds majority representational 40 standing in a given service territory shall be made by the commission 41 pursuant to subdivision four-b of this section, based upon evidence from 42 the department of labor, existing collective bargaining agreements, and 43 other available records, with a presumption favoring the organization 44 representing a majority of utility O&M employees within the relevant 45 county. 46 1-d. "Substantially equivalent" as used in subparagraph (D) of para- 47 graph (ii) of subdivision four-b of this section, shall mean substan- 48 tively identical in workforce structure, operational jurisdiction, and 49 employment continuity protections to the requirements of subdivision 50 four-c of this section, and shall not be construed to permit an alterna- 51 tive workforce model based solely on functional task similarity or tech- 52 nological capability. 53 1-e. "JMOU" means a jurisdictional memorandum of understanding. 54 1-f. "Operations and maintenance" or "O&M" shall mean all activities 55 performed to sustain, repair, monitor, test, inspect, or manage a 56 battery energy storage system during its operational life, including but

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1 not limited to: (i) battery module and inverter maintenance and replace- 2 ment; (ii) thermal management system operation; (iii) battery management 3 system monitoring, software updates, and cybersecurity compliance; (iv) 4 fire suppression and safety system inspection and testing pursuant to 5 NFPA 855 and applicable state fire code; (v) grid interconnection main- 6 tenance; and (vi) NYISO dispatch coordination and related grid services. 7 For purposes of this section, O&M functions shall be deemed to occur at 8 the facility site regardless of whether performed remotely, through 9 centralized operations centers, or through automated systems. Personnel 10 performing monitoring, dispatch coordination, cybersecurity oversight, 11 or control functions for a covered facility, whether on-site or remote, 12 shall be considered O&M employees subject to the requirements of this 13 section. 14 4-a. Within ninety days of completion of the rulemaking required under 15 section four of the chapter of the laws of two thousand twenty-six that 16 added this subdivision, the commission shall publish and maintain a 17 service territory jurisdiction map identifying the qualified labor 18 organization with majority representational standing for O&M employment 19 in each geographic area of the state. Where a dispute arises between 20 two or more labor organizations as to majority standing in a given area, 21 the commission shall resolve such dispute within sixty days of receiving 22 notice thereof, based upon: (i) department of labor certification 23 records; (ii) the geographic scope of existing collective bargaining 24 agreements in the energy operations sector; and (iii) employment data 25 for comparable utility facilities in the relevant service territory. 26 Pending resolution, the owner or operator may satisfy the requirements 27 of subdivision four-b of this section through a PSC-certified workforce 28 reliability program as provided in subparagraph (D) of paragraph (ii) of 29 subdivision four-b of this section. 30 4-b. (i) No owner or operator of a battery energy storage system in 31 this state shall receive any incentive, credit, benefit, grant, loan, or 32 payment from the New York State Energy Research and Development Authori- 33 ty, the Clean Energy Fund, or any program administered by the public 34 service commission pursuant to section sixty-six-p of this article, or 35 any tax abatement under section four hundred eighty-seven of the real 36 property tax law, unless the owner or operator demonstrates compliance 37 with workforce reliability standards as provided in paragraphs (ii), 38 (iii), (iv) and (v) of this subdivision. 39 (ii) An owner or operator shall be deemed in compliance with the work- 40 force reliability standard upon demonstration of any one of the follow- 41 ing: 42 (A) a JMOU executed with the qualified labor organization identified 43 under subdivision four-a of this section, meeting the minimum terms of 44 subdivision four-c of this section; 45 (B) an existing collective bargaining agreement between the owner or 46 operator and a qualified labor organization covering O&M employees, 47 provided such agreement meets or exceeds the minimum terms of subdivi- 48 sion four-c of this section; 49 (C) direct employment of O&M workers through a qualifying labor organ- 50 ization dispatch or hiring hall referral system, where O&M employment is 51 covered by applicable wages, benefits, and training standards meeting or 52 exceeding subdivision four-c of this section; or 53 (D) a PSC-certified workforce reliability program meeting the minimum 54 standards established by the commission through rulemaking, which shall 55 include wage, training, certification, safety committee, and workforce 56 continuity requirements substantially equivalent to those prescribed in

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1 subdivision four-c of this section; provided, however, that no such 2 program shall be certified unless the applicant demonstrates that: (1) 3 the proposed workforce structure is consistent with prevailing jurisdic- 4 tional practice for electric system operations and maintenance in the 5 relevant service territory, as evidenced by the classifications and 6 bargaining units historically covering electric utility operations in 7 that territory; (2) the program does not displace, diminish, or substi- 8 tute for the existing majority-represented utility O&M workforce in the 9 relevant service territory; and (3) the personnel employed under the 10 program hold qualifications recognized under applicable electric utility 11 operational standards. 12 (iii) The safe harbor pathways of paragraph (ii) of this subdivision 13 are alternatives; an owner or operator satisfying any one pathway shall 14 be deemed compliant for all purposes of this subdivision. The commission 15 shall not require any owner or operator to utilize a specific compliance 16 pathway. 17 (iv) An owner or operator of a BESS commencing commercial operations 18 on or after the effective date of this section shall demonstrate compli- 19 ance no later than one hundred eighty days after such commercial oper- 20 ations date. An owner or operator of a BESS in operation on the effec- 21 tive date of this subdivision shall demonstrate compliance no later than 22 one hundred eighty days after such effective date. 23 (v) Each owner or operator shall file an annual workforce compliance 24 certification with the commission attesting to the compliance pathway 25 utilized and continued satisfaction of the applicable minimum standards. 26 4-c. A JMOU, to qualify as a safe harbor compliance pathway under 27 subparagraph (A) of paragraph (ii) of subdivision four-b of this 28 section, shall at minimum provide for: 29 (i) Payment to all O&M employees of wages not less than the prevailing 30 rate of wages and supplements as determined by the commissioner of labor 31 pursuant to article eight of the labor law for the applicable O&M occu- 32 pational classifications and county; 33 (ii) A workforce engagement process providing for regular, scheduled 34 labor-management communication on matters including safety, training, 35 workforce continuity, and facility performance, no less frequently than 36 quarterly; 37 (iii) An apprenticeship utilization commitment of not less than 38 fifteen percent of total O&M labor hours performed by registered appren- 39 tices enrolled in a state-approved apprenticeship program; provided 40 that: 41 (A) for purposes of this paragraph, a "state-approved apprenticeship 42 program" shall mean any apprenticeship program registered with the 43 commissioner of labor pursuant to article twenty-three of the labor law, 44 including programs jointly administered by an employer and a labor 45 organization and covering the applicable O&M classification, and shall 46 also include structured training programs certified by the commissioner 47 as meeting equivalent standards; registered apprentices enrolled in any 48 such program who perform work within the scope of their program on 49 battery energy storage system infrastructure shall be deemed registered 50 apprentices for purposes of this paragraph; 51 (B) for owners or operators of a single covered BESS facility with a 52 total O&M workforce of fewer than ten employees, the apprenticeship 53 utilization commitment of this paragraph shall be not less than one 54 registered apprentice per facility or fifteen percent of total O&M labor 55 hours, whichever is less; and

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1 (C) for owners or operators of multiple covered BESS facilities within 2 the same service territory, the apprenticeship utilization commitment 3 may be calculated on a portfolio basis across all such facilities, 4 provided that apprentice labor is actually deployed at covered facili- 5 ties and not concentrated solely at administrative or training 6 locations; 7 (iv) A joint labor-management safety committee meeting not less than 8 quarterly to review NFPA 855 compliance, incident records, and training 9 certifications; 10 (v) Binding arbitration as the exclusive means of resolving disputes 11 arising under the JMOU, with no strikes, lockouts, or work stoppages 12 permitted during the term; and 13 (vi) Compliance with the training and certification requirements of 14 subdivision four-e of this section. Nothing in this subdivision shall be 15 construed to require the inclusion of employer neutrality provisions as 16 a mandatory term of a JMOU; such provisions may be negotiated and 17 included by the parties at their election. 18 4-d. (i) The commission shall enforce the workforce reliability stand- 19 ards of this section and may, upon a finding of non-compliance, take any 20 one or more of the following actions: 21 (A) suspend the disbursement of any state financial assistance during 22 the period of non-compliance; 23 (B) order the clawback of previously disbursed state financial assist- 24 ance, calculated on a pro-rata basis corresponding to the duration and 25 extent of non-compliance, integrated with applicable NYSERDA contract 26 provisions; 27 (C) impose civil penalties of not less than one thousand dollars nor 28 more than ten thousand dollars for each day of non-compliance; provided, 29 however, that for willful or repeated violations, such penalties shall 30 be doubled; and 31 (D) impose such other remedies as the commission deems appropriate, 32 including conditions on future NYSERDA program participation or PSC 33 siting approvals. 34 (ii) Any qualified labor organization identified under subdivision 35 four-a of this section may file a complaint with the commission or the 36 department of labor alleging non-compliance with this section. The 37 commission shall investigate and issue a written determination within 38 ninety days of receipt of such complaint. 39 (iii) Nothing in this section shall be construed to require the estab- 40 lishment of an employee benefit plan within the meaning of the Employee 41 Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. 42 Prevailing wage supplemental benefit obligations shall be administered 43 consistent with existing ERISA-compliant benefit structures under appli- 44 cable department of labor prevailing wage schedules. 45 4-e. (i) For purposes of this section, a training program administered 46 by or on behalf of a utility or operated pursuant to a collective 47 bargaining agreement with a qualified labor organization shall be deemed 48 a "commission-approved training program" upon certification by the 49 commission that such program meets or exceeds the content and competency 50 standards established through rulemaking pursuant to section four of the 51 chapter of the laws of two thousand twenty-six that added this subdivi- 52 sion, including proficiency in NFPA 855. The commission shall establish 53 an expedited review process, not to exceed sixty days, for certification 54 of such programs. 55 (ii) All O&M employees at battery energy storage systems subject to 56 this section shall, prior to performing unsupervised O&M work:

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1 (A) hold a current OSHA thirty-hour certification in either the 2 construction industry or the general industry track, or such equivalent 3 certification as approved by the department of labor, including OSHA 4 thirty-hour electric utility training programs; 5 (B) demonstrate proficiency in NFPA 855 Standard for the Installation 6 of Stationary Energy Storage Systems, as evidenced by completion of a 7 commission-approved training program; in administering the approval of 8 training programs under this subparagraph, the commission shall: (1) 9 give priority approval to programs offered by joint labor-management 10 training funds and state-registered apprenticeship programs; and (2) 11 require any original equipment manufacturer training program to demon- 12 strate that it meets the same content and competency standards as 13 commission-approved programs before receiving approval; and 14 (C) complete any additional training required by the commission 15 through rulemaking for the specific battery technology deployed at the 16 facility. 17 (iii) Each O&M employee shall complete not less than sixteen hours of 18 continuing education and training annually, including updates to appli- 19 cable code requirements and battery technology. Such hours may be satis- 20 fied by any combination of employer-provided, labor organization-provid- 21 ed, or third-party training covering applicable code, technology, or 22 safety content. 23 (iv) The owner or operator shall maintain records of training certif- 24 ications for all O&M employees and make such records available to the 25 commission and the department of labor upon request. 26 (v) Notwithstanding subparagraph (B) of paragraph (ii) of this subdi- 27 vision, for O&M employees employed at a covered facility on the effec- 28 tive date of this section, compliance with the NFPA 855 proficiency 29 requirement shall be required no later than eighteen months after the 30 commission first approves a training program satisfying subparagraph (B) 31 of paragraph (ii) of this subdivision. During such transitional period, 32 an O&M employee may perform O&M work under a documented training plan 33 filed with the commission without the requirement that such work be 34 performed under the supervision of a certified employee. 35 4-f. (i) Where a battery energy storage system is sold, transferred, 36 or conveyed to a new owner or operator, the successor owner or operator 37 shall: 38 (A) offer continued employment to all O&M employees employed at the 39 facility immediately prior to the transfer, for a period of not less 40 than one hundred eighty days following the transfer date; and 41 (B) demonstrate compliance with the workforce reliability standard of 42 subdivision four-b of this section no later than one hundred eighty days 43 following the effective date of the transfer. 44 (ii) The retention obligation of this subdivision shall not require a 45 successor owner or operator to retain any employee for cause or to 46 create positions that do not exist in the new operational structure but 47 shall prevent the replacement of O&M employees solely for reasons relat- 48 ing to workforce composition or labor organization affiliation during 49 the one hundred eighty day retention period. 50 (iii) Where O&M employees at a facility subject to this subdivision 51 are represented by a qualified labor organization at the time of trans- 52 fer, the successor owner or operator shall: (A) recognize such labor 53 organization as the collective bargaining representative of O&M employ- 54 ees for the remaining term of any existing collective bargaining agree- 55 ment in effect at the time of transfer; and (B) bargain in good faith 56 with such labor organization prior to making any changes to wages,

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1 hours, or terms and conditions of employment during the one hundred 2 eighty day retention period. Nothing in this paragraph shall require a 3 successor to assume any collective bargaining agreement, but no succes- 4 sor shall unilaterally alter terms and conditions of employment of 5 represented O&M employees during the retention period without first 6 bargaining to agreement or impasse. 7 4-g. (i) The commission shall, through rulemaking, establish minimum 8 O&M staffing standards for battery energy storage systems subject to 9 this section, taking into account facility size, battery chemistry, grid 10 interconnection complexity, and proximity to population centers. 11 (ii) For facilities operating in a remote-monitoring or automated 12 mode, the owner or operator shall maintain a documented rapid response 13 protocol designating qualified O&M personnel capable of on-site response 14 within a commission-specified time period in the event of an alarm, 15 fault, or grid disturbance. 16 (iii) Minimum staffing rules shall be reviewed as part of the five- 17 year review required under section seven of this act and updated to 18 reflect technological changes in battery storage and grid operations. 19 4-h. Within one hundred eighty days of the effective date of this 20 subdivision, the commissioner of labor, in consultation with the commis- 21 sion and with qualified labor organizations representing O&M employees, 22 shall establish one or more apprenticeship classifications applicable to 23 battery energy storage system operations and maintenance work and shall 24 work with existing state-registered apprenticeship programs to expand 25 their scope to include such classifications. Pending establishment of 26 such classifications, apprentices enrolled in any state-registered 27 apprenticeship program performing work within the scope of their program 28 on battery energy storage system infrastructure shall be deemed regis- 29 tered apprentices for purposes of subdivision four-b of this section. 30 § 3. Section 224-d of the labor law is amended by adding a new subdi- 31 vision 9 to read as follows: 32 9. a. For purposes of this subdivision: 33 (i) "Covered battery energy storage system" shall mean any battery 34 energy storage system, as defined in subdivision one-b of section 35 sixty-six-r of the public service law, that: (A) has a nameplate capaci- 36 ty exceeding five megawatts; or (B) has a nameplate capacity of one 37 megawatt alternating current or greater and receives state financial 38 assistance, as defined in subparagraph (iii) of this paragraph, consti- 39 tuting more than thirty percent of total project costs. Battery energy 40 storage systems with a nameplate capacity of less than one megawatt 41 serving exclusively residential customers shall be exempt. 42 (ii) "O&M employee" shall mean any person employed by the owner, oper- 43 ator, or any contractor or subcontractor thereof to perform operations 44 and maintenance, as defined in subdivision one-f of section sixty-six-r 45 of the public service law, at a covered battery energy storage system. 46 (iii) "State financial assistance" shall mean any grant, incentive 47 payment, loan, tax abatement, or benefit provided by the New York State 48 Energy Research and Development Authority, the Clean Energy Fund, the 49 public service commission, or pursuant to section four hundred eighty- 50 seven of the real property tax law. 51 b. (i) Every owner or operator of a covered battery energy storage 52 system shall pay or cause to be paid to each O&M employee a wage of not 53 less than the prevailing rate of wages and supplements for the occupa- 54 tion and county in which such employee performs work, as determined by 55 the commissioner pursuant to article eight of this chapter. In estab- 56 lishing prevailing wage schedules for O&M employee classifications, the

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1 commissioner shall: (A) classify each O&M work function based upon the 2 most similar existing prevailing wage classification, including but not 3 limited to journeyman electrician, substation operator, control systems 4 operator, and instrumentation technician; (B) set the prevailing wage 5 for any new O&M classification, including battery systems technician and 6 related classifications, at not less than the rate of the most compara- 7 ble existing classification covering similar electrical systems work in 8 the relevant county; and (C) publish prevailing wage schedules based 9 upon applicable collective bargaining agreements and wage surveys for 10 the relevant geographic areas. The prevailing wage for O&M work at 11 covered battery energy storage system facilities shall in no case be 12 less than the prevailing rate for journeyman electricians in the appli- 13 cable county. 14 (ii) Where O&M functions are performed by a contractor or subcontrac- 15 tor, the owner or operator of the covered facility shall remain jointly 16 and severally liable for compliance with all requirements of this subdi- 17 vision. No owner or operator shall structure contractor or subcontractor 18 arrangements for the purpose of, or with the effect of, circumventing 19 the workforce continuity or qualified labor organization requirements of 20 section sixty-six-r of the public service law. The commissioner may void 21 any prevailing wage determination or direct the public service commis- 22 sion to void any safe harbor determination upon a finding that contrac- 23 tor or subcontractor arrangements were used to avoid compliance with 24 this section. 25 (iii) Nothing in this paragraph shall be construed to diminish, limit, 26 or supersede any right or obligation established by a collective 27 bargaining agreement. The prevailing wage rates established pursuant to 28 this section shall constitute a minimum floor; wages and benefits nego- 29 tiated above such rates in collective bargaining agreements shall not be 30 affected by, and shall not be subject to reduction by reference to, any 31 prevailing wage schedule established under this paragraph. 32 c. Every owner, operator, contractor, and subcontractor subject to 33 this subdivision shall: (i) maintain certified payroll records for each 34 O&M employee; (ii) file certified payroll compliance reports with the 35 commissioner on a quarterly basis; and (iii) permit inspection of 36 payroll records by the commissioner upon request. Qualified labor organ- 37 izations may file written challenges to certified payroll filings with 38 the commissioner, who shall investigate such challenges within sixty 39 days. 40 d. The provisions of this article relating to enforcement, penalties, 41 debarment, and private rights of action shall apply to violations of 42 this subdivision. The commissioner may notify NYSERDA and the public 43 service commission of any finding of non-compliance, which shall consti- 44 tute grounds for the suspension or pro-rata clawback of state financial 45 assistance. 46 e. (i) No owner, operator, contractor, or subcontractor shall 47 discharge, threaten, penalize, demote, or otherwise discriminate or 48 retaliate against any O&M employee by reason of such employee's disclo- 49 sure of information to the commissioner, the public service commission, 50 or a qualified labor organization regarding a potential violation of 51 this subdivision. 52 (ii) An O&M employee subjected to retaliation in violation of this 53 paragraph may bring a civil action for: (A) reinstatement; (B) back pay 54 and lost benefits; (C) reasonable attorneys' fees and costs; and (D) 55 such other relief as the court deems appropriate. Such action must be 56 commenced within two years of the retaliatory act.

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1 f. This subdivision shall apply to covered battery energy storage 2 systems commencing commercial operations on or after the effective date 3 of this subdivision. For covered systems in operation on such date, 4 compliance shall be required no later than one hundred eighty days after 5 such effective date. 6 g. This subdivision shall be construed in a manner consistent with all 7 applicable federal law. The state, in enacting this subdivision, acts in 8 its capacity as a market participant and as a grantor of public finan- 9 cial assistance, consistent with the doctrine established in Building 10 and Construction Trades Council v. Associated Builders and Contractors 11 of Massachusetts/Rhode Island, Inc., 507 U.S. 218 (1993), and does not 12 act as a regulator of the labor-management relationship within the mean- 13 ing of the National Labor Relations Act, 29 U.S.C. § 151 et seq. Noth- 14 ing herein shall be construed to require the establishment of an employ- 15 ee benefit plan within the meaning of the Employee Retirement Income 16 Security Act of 1974, 29 U.S.C. § 1001 et seq. 17 § 4. The public service commission shall, within three hundred sixty- 18 five days of the effective date of this act, complete a rulemaking 19 proceeding to: 20 (a) Establish a standard form jurisdictional memorandum of understand- 21 ing template satisfying the minimum requirements of subdivision 4-c of 22 section 66-r of the public service law, for use as a default where 23 parties have not reached a negotiated agreement within sixty days of 24 good-faith negotiations; 25 (b) Establish procedures for identifying the qualified labor organiza- 26 tion with majority representational standing in each service territory, 27 in consultation with the department of labor and labor organizations 28 representing utility and energy operations employees, and publish the 29 service territory jurisdiction map required under subdivision 4-a of 30 section 66-r of the public service law within ninety days of the 31 completion of such rulemaking; 32 (c) Establish workforce compliance certification, complaint, and 33 enforcement processes consistent with subdivisions 4-b, 4-c and 4-d of 34 section 66-r of the public service law; 35 (d) Establish minimum staffing standards for BESS facilities pursuant 36 to subdivision 4-g of section 66-r of the public service law, including 37 rapid response protocols for remotely-operated facilities; 38 (e) Establish a PSC-certified workforce reliability program as an 39 alternative compliance pathway under subparagraph (D) of paragraph (ii) 40 of subdivision 4-b of section 66-r of the public service law. In estab- 41 lishing such program, the commission shall conduct not less than two 42 public hearings at which qualified labor organizations are designated as 43 parties with the right to submit written comments and present evidence, 44 and shall make affirmative written findings addressing why any certified 45 program is consistent with prevailing labor relations practices in the 46 electric utility sector before approving any program under that pathway; 47 (f) Amend program solicitation and contract requirements, including 48 the Bulk and Retail Energy Storage Incentive Programs administered by 49 NYSERDA, to reflect the requirements of this act; 50 (g) Coordinate with the commissioner of labor to establish battery 51 energy storage system O&M apprenticeship classifications pursuant to 52 subdivision 4-h of section 66-r of the public service law and to approve 53 training programs satisfying the requirements of subdivision 4-e of 54 section 66-r of the public service law, giving priority to programs 55 offered by joint labor-management training funds and state-registered 56 apprenticeship programs;

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1 (h) Conduct not less than two public hearings, providing opportunity 2 for testimony from qualified labor organizations, O&M workers, BESS 3 owners and operators, NYSERDA, and other interested parties, prior to 4 the adoption of final rules; and 5 (i) In the event the commission fails to complete rulemaking within 6 three hundred sixty-five days, the standard form a jurisdictional memo- 7 randum of understanding template contained in the commission's proposed 8 rulemaking, or if none, a template prepared by the department of labor 9 in consultation with representative labor organizations, shall be deemed 10 adopted and in effect as of the three hundred sixty-sixth day after the 11 effective date of this act. 12 § 5. No later than five years after the effective date of this act, 13 and every five years thereafter, the public service commission and the 14 commissioner of labor shall jointly submit a report to the governor, the 15 temporary president of the senate, and the speaker of the assembly eval- 16 uating implementation of this act, including: 17 (a) The number, size, and location of BESS subject to this act; 18 (b) Workforce compliance rates by safe harbor pathway utilized; 19 (c) operations and maintenance workforce employment levels, wage 20 rates, benefit levels, and representation rates at covered facilities; 21 (d) Enforcement actions taken and civil penalties collected; 22 (e) The impact of this act on battery energy storage systems deploy- 23 ment toward The Climate Leadership and Community Protection Act storage 24 targets, including any documented effects on project costs or develop- 25 ment timelines; 26 (f) The adequacy of minimum staffing standards in light of technolog- 27 ical changes; and 28 (g) Recommended amendments, if any, in light of implementation experi- 29 ence and changes in applicable federal law or technology. 30 § 6. Severability clause. If any clause, sentence, paragraph, subdivi- 31 sion, section, or part of this act shall be adjudged by any court of 32 competent jurisdiction to be invalid, such judgment shall not affect, 33 impair, or invalidate the remainder thereof, but shall be confined in 34 its operation to the clause, sentence, paragraph, subdivision, section, 35 or part directly involved in the controversy. 36 § 7. This act shall take effect on the one hundred eightieth day after 37 it shall have become a law; provided, however, that the provisions of 38 section four of this act directing a Public Service Commission rulemak- 39 ing shall take effect immediately.

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