STATE OF NEW YORK ________________________________________________________________________

1466--C

2021-2022 Regular Sessions

IN ASSEMBLY

January 11, 2021 ___________

Introduced by M. of A. CARROLL, COLTON, DINOWITZ, GOTTFRIED, KIM, COOK, DICKENS, SIMON, STIRPE, BARNWELL, CRUZ, L. ROSENTHAL, WEPRIN, ROZIC, MAMDANI, FORREST, GALLAGHER, ANDERSON, EPSTEIN, GONZALEZ-ROJAS, MITAYNES, FRONTUS, JACKSON, BURDICK, WALKER, SILLITTI, ENGLEBRIGHT, J. RIVERA, LAVINE, THIELE, FERNANDEZ, STECK, QUART, CLARK, SEAWRIGHT, DAVILA, RAMOS, BURGOS, PHEFFER AMATO, KELLES, GALEF, SEPTIMO, NIOU, GLICK, EICHENSTEIN, CYMBROWITZ, BURKE, OTIS, SOLAGES, ABINANTI, DILAN, JACOBSON, GIBBS, DE LOS SANTOS, CUNNINGHAM, REYES, TAPIA, ZINERMAN -- Multi-Sponsored by -- M. of A. HEVESI, HYNDMAN -- 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 -- recommitted to the Committee on Corporations, Authorities and Commissions in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee

AN ACT to amend the public authorities law, in relation to implementing the "New York State Build Public Renewables Act"

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 "New York State Build Public Renewables Act". 3 § 2. Section 1005 of the public authorities law is amended by adding 4 thirteen new subdivisions 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41 5 and 42 to read as follows: 6 30. (a) The authority is authorized and directed to purchase, acquire, 7 plan, design, engineer, finance, construct, operate, manage, improve 8 and/or maintain any renewable energy project.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05455-20-2

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1 (b) For the purposes of this subdivision and subdivisions thirty-one, 2 thirty-two, thirty-three, thirty-four, thirty-five, thirty-six, thirty- 3 seven, thirty-eight, thirty-nine, forty, forty-one and forty-two of this 4 section, the following terms shall have the following meanings: 5 (i) "renewable energy" shall have the same meaning as renewable energy 6 systems as set forth in section sixty-six-p of the public service law. 7 (ii) "renewable energy project" shall be defined as all infrastructure 8 which generates, stores, distributes or transmits renewable energy or 9 thermal energy as defined in subparagraph (i) of this paragraph, and 10 includes the construction, installation and/or operation of ancillary 11 facilities or equipment done in connection with any such renewable ener- 12 gy generating projects, including, but not limited to, energy storage 13 systems, electric vehicle charging infrastructure and offshore wind 14 support and installation vessels owned by the authority, and the 15 production, use, and sale of green hydrogen defined as hydrogen produced 16 through electrolysis powered using one hundred percent renewable energy. 17 31. Where a renewable energy site appropriate for New York state falls 18 into federal jurisdiction, the authority may participate in lease 19 auctions in an attempt to obtain ownership of that area. 20 32. (a) Notwithstanding any other provision of law, the authority 21 shall, on or after January first, two thousand thirty, only generate 22 renewable energy and shall only purchase, acquire, plan, design, engi- 23 neer, finance, and construct generation and transmission facilities for 24 the purpose of generating, storing, distributing and transmitting renew- 25 able energy. The authority shall phase out its use of existing non-re- 26 newable generation no later than December thirtieth, two thousand thir- 27 ty, unless the authority provides to its trustees, and makes publicly 28 available, an attestation in writing, signed by the independent system 29 operator and a representative of the regional clean energy hub in which 30 the facility is located, identifying the existence of a reliability 31 need. The authority shall work with the New York state energy research 32 and development authority to provide any funding necessary for a 33 regional clean energy hub to meet the needs of this subdivision. The 34 authority, in consultation with the independent system operator, shall 35 ensure that the phase out of its existing non-renewable generation does 36 not lead to an increase in the delivery of out-of-state non-renewable 37 generation into the New York state electric grid. For the purposes of 38 this subdivision, a "reliability need" means an electricity system need, 39 which if unmet, would result in a violation of the electric power system 40 planning and operating policies, standards, criteria, guidelines, proce- 41 dures, and rules promulgated by the North American Electric Reliability 42 Corporation ("NERC"), Northeast Power Coordinating Council ("NPCC"), and 43 the New York State Reliability Council ("NYSRC"), as they may be amended 44 from time to time. 45 (b) The authority shall prioritize funding, siting, building, and 46 owning renewable energy projects which: (i) actively benefit disadvan- 47 taged communities as defined by the climate justice working group; (ii) 48 minimize harm to wildlife, ecosystems, public health, and public safety; 49 (iii) do not violate Indigenous rights or sovereignty; and (iv) which 50 are the most cost-effective to the state according to the best available 51 cost modeling research. The types of renewable energy projects the 52 authority builds shall be determined and prioritized in consultation 53 with affected labor unions and community organizations via the New York 54 state energy research and development authority's regional clean energy 55 hubs.

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1 33. (a) Within two years of the effective date of this subdivision, 2 the authority shall make public a ten-year climate and resiliency plan. 3 Such climate and resiliency plan shall be designed to minimize costs to 4 ratepayers, while balancing the interests of employees, grid reliability 5 and resiliency, disadvantaged communities as defined by the climate 6 justice working group, and the environment. Such plan shall be developed 7 in consultation with the New York state independent system operator, 8 the New York state energy research and development authority, the 9 New York state department of public service, and climate and resiliency 10 experts, labor organizations, environmental justice communities, resi- 11 dential and small business ratepayer advocates, and community organiza- 12 tions via the New York state energy research and development authori- 13 ty's regional clean energy hubs. Such resiliency plan shall outline the 14 renewable energy projects the authority plans to build, how the authori- 15 ty plans to phase out non-renewable assets and how the authority plans 16 to comply with the climate leadership and community protection act and 17 the renewable energy targets in subdivisions thirty-two and thirty-four 18 of this section, and efforts to improve energy and electric grid resili- 19 ency. The authority shall update such plan annually, after public 20 comment and a hearing. Such updated plan shall include a review of the 21 state's progress towards the renewable energy goals of the climate lead- 22 ership and community protection act. If the authority, in consultation 23 with the New York state energy research and development authority, 24 determines that the renewable energy goals of the climate leadership and 25 community protection act are not likely to be met within the timeframe 26 established by the law, the authority shall include in the updated plan 27 the renewable energy projects it plans to build to ensure the state 28 meets such goals, including the permit applications submitted, the stage 29 of each project in the development process, when such projects are 30 expected to be commissioned, and any barriers to deployment experienced 31 by the authority. If the authority has identified a reliability need to 32 maintain its existing non-renewable generation pursuant to subdivision 33 thirty-two of this section, the authority shall identify in the annual 34 report the renewable energy project, energy storage project, trans- 35 mission or distribution infrastructure, demand response, or other such 36 project or projects that the authority, or another entity, only if such 37 entity has obtained all the necessary permits and has begun 38 construction, plans to develop to meet the reliability need. 39 (b) Within two years of the effective date of this subdivision, the 40 authority shall make public a democratization plan, with a mandate to 41 implement the plan within two years of its completion. Such plan shall 42 be created in partnership with, and codesigned with, a statewide alli- 43 ance of community organizations with at least five years' history of 44 working on energy democracy and implementation issues, providing funding 45 for this alliance as necessary for their participation in the completion 46 of the plan. Such plan shall ensure that the scale up of renewable build 47 out across the state occurs in line with the principles of energy democ- 48 racy and transparency. 49 (c) The authority shall hold at least eight public hearings within two 50 years of the effective date of this subdivision related to the climate 51 and resiliency plan. The hearing shall be publicized in various forms 52 of media, including but not limited to the authority's website, local 53 newspapers and social media platforms, and shall also be accessible via 54 livestream. In advance of such hearing, the authority shall conspicu- 55 ously post written notice of such hearing in all authority facilities 56 and New York state energy research and development authority regional

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1 clean energy hubs on a sign posted at each facility entrance and exit 2 used by employees, and shall provide at least two weeks advance notice 3 of such hearing to authority customers by directly communicating such 4 notice to customer phone, email and mailing lists. Hearings shall be 5 permitted between 12:00 PM to 3:00 PM and 6:00 PM to 9:00 PM, and the 6 authority shall provide all speakers with the option to sign up to speak 7 within those three hour windows such that no speaker shall wait longer 8 than three hours to speak. In addition to oral testimony, written 9 testimony from the public for such hearings shall be accepted by the 10 authority no less than two weeks after each hearing. Each speaker shall 11 have at least three minutes to speak, and a remote option shall be 12 provided for submitting comments via video conference, phone, including 13 short message services (SMS) text messages and/or written comment, which 14 shall be read aloud. Provisions for translation services, American sign 15 language interpretation, closed captioning, and access to accommodations 16 provided by the Americans with Disabilities Act shall be provided upon 17 request. 18 (d) The authority shall maintain all data, meeting minutes, recordings 19 and documents that do not include personal customer information, includ- 20 ing but not limited to depreciation schedules, annual financial state- 21 ments of itemized spending, environmental impact statements, cost-bene- 22 fit analyses, climate and resiliency plans, renewable energy project 23 plans, and annual reports on operations, customer service, reliability, 24 resiliency and sustainability. All such data, meeting minutes, 25 recordings and documents shall be made available on the authority's 26 website, or otherwise made accessible by the authority upon request. 27 All such records shall be maintained as business records for a minimum 28 of ten years. The state comptroller shall audit the authority at least 29 once every two years until two thousand thirty to ascertain whether the 30 authority is in compliance with the renewable energy targets outlined in 31 this subdivision and subdivisions thirty-two, thirty-four and thirty- 32 five of this section and whether the authority's spending and operations 33 are effectively and efficiently promoting the common good. The most 34 recent comptroller audits shall also be made available on the authori- 35 ty's website, or otherwise made accessible by the authority upon 36 request. 37 (e) (i) The authority, in consultation with the New York state energy 38 research and development authority and the public service commission, 39 shall develop and conduct an energy efficiency and energy audit program 40 to identify public buildings most in need of retrofits and efficiency 41 measures. Such program shall provide for the installation of renewable 42 heating and cooling systems, and, when feasible, other green building 43 projects as defined in section 58-0101 of the environmental conservation 44 law, in public housing and public schools by the year two thousand thir- 45 ty-five, prioritizing first public affordable housing and public schools 46 in disadvantaged communities. The authority shall hire authority employ- 47 ees or contractors to perform energy audits, retrofits and other effi- 48 ciency programs for these buildings, and provide incentives, in conjunc- 49 tion with the New York state energy research and development authority, 50 for energy efficient appliances and induction stoves, as needed, to meet 51 the climate goals outlined in the climate leadership and community 52 protection act. If the buildings selected for this program need mold 53 remediation measures or lead abatement measures to be carried out before 54 energy efficiency measures can be safely implemented, the authority 55 shall also hire employees or contractors to perform lead abatement meas- 56 ures and/or mold remediation measures for these buildings.

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1 (ii) The authority shall annually post on its website a report evalu- 2 ating the energy efficiency program, including, but not limited to, the 3 number of customers served by the efficiency program, the customer demo- 4 graphics, the number of retrofits and energy audits performed, the 5 number of jobs created and employee demographics, and the amount of 6 energy and dollars saved as a result of the program. 7 (iii) All work subject to this subdivision shall be considered public 8 work, subject to articles eight and nine of the labor law, and shall 9 utilize a project labor agreement. For purposes of this subdivision, 10 "project labor agreement" shall mean a pre-hire collective bargaining 11 agreement between the authority, or a third party on behalf of the 12 authority, and a bona fide building and construction trade labor organ- 13 ization establishing the labor organization as the collective bargaining 14 representative for all persons who will perform work on a public work 15 project, and which provides that only contractors and subcontractors who 16 sign a pre-negotiated agreement with the labor organization can perform 17 project work. All contractors and subcontractors associated with this 18 work shall be required to utilize apprenticeship agreements as defined 19 by article twenty-three of the labor law. 20 (f) The authority shall submit an annual report to the governor and to 21 the legislature which shall be made available to the public. Such report 22 shall include the: 23 (A) Ten year climate and resiliency plan described in paragraph (a) of 24 this subdivision; 25 (B) Amount of energy produced by each facility; 26 (C) Energy transferred between facilities within the authority; 27 (D) Energy transferred outside of the authority for sale; 28 (E) Kilowatt-hour sales by project; 29 (F) Revenues and costs for each project facility; 30 (G) Accumulated provision for depreciation of each project facility; 31 (H) Financial and operating information of the energy efficiency 32 program; 33 (I) Enrollment in and effectiveness of renewable energy auto-enroll- 34 ment, retrofit, and energy efficient appliance programs; 35 (J) Any projected rate increase for the year; and 36 (K) An analysis of the authority's actions to ensure the state will 37 meet the renewable energy goals of the climate leadership and community 38 protection act. 39 34. Notwithstanding any other provision of law, on or after January 40 first, two thousand thirty, the authority shall be the sole provider of 41 electricity to all state owned, leased, controlled, or operated build- 42 ings and on or after January first, two thousand thirty-five, the 43 authority shall be the sole provider of electricity to all municipal 44 owned, leased, controlled, or operated buildings that use electricity, 45 provided that the energy supply rate of such electricity is less than 46 the energy supply rate of the utility in the municipal building's 47 service territory. 48 35. (a) The authority is authorized to sell or provide renewable ener- 49 gy to residential end-use customers and CCA communities. Any excess 50 renewable energy produced by the authority and not used or stored by 51 state or municipal owned or leased buildings shall be sold directly to 52 low-to-moderate income households first, prioritizing low-to-moderate 53 income households in disadvantaged communities, and at a rate that is 54 fifty percent less than the energy supply rate of the utility in the 55 customer's service territory. Any remaining excess renewable energy 56 produced by the authority shall be sold to residential end-use customers

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1 or CCA's at the wholesale cost. This subdivision shall not interfere 2 with the authority's existing Recharge New York power program or any 3 other power allocation program managed by the authority as of the effec- 4 tive date of this subdivision. For the purposes of this paragraph, the 5 term "low-to-moderate income households" shall mean households with 6 annual incomes at or below eighty percent of the area median income of 7 the county or metro area where they reside. 8 (b) Within three years following the effective date of this subdivi- 9 sion, the authority's trustees, in consultation with the New York state 10 energy research and development authority's regional clean energy hubs, 11 shall develop a progressive rate structure based on income and energy 12 usage to be offered to end-use customers and CCA communities. 13 (c) The authority shall work with the office of temporary and disabil- 14 ity assistance to assist low-income customers to access the low income 15 home energy assistance program and other utility benefits and shall 16 offer deferred payment agreement payment plans for customers that fall 17 into arrears. 18 (d) The authority is authorized to sell up to thirty percent of the 19 electricity that it provides to residential and commercial customers to 20 customers of the long island power authority, established under title 21 one-A of this article, and the long island power authority is authorized 22 to purchase this power. 23 36. All new renewable energy projects subject to this section shall be 24 considered public work, subject to articles eight and nine of the labor 25 law and shall utilize a project labor agreement. For purposes of this 26 subdivision, "project labor agreement" shall mean a pre-hire collective 27 bargaining agreement between the authority, or a third party on behalf 28 of the authority, and a bona fide building and construction trade labor 29 organization establishing the labor organization as the collective 30 bargaining representative for all persons who will perform work on a 31 public work project, and which provides that only contractors and 32 subcontractors who sign a pre-negotiated agreement with the labor organ- 33 ization can perform project work. All contractors and subcontractors 34 associated with this work shall be required to utilize apprenticeship 35 agreements as defined by article twenty-three of the labor law. 36 37. The authority, in consultation with labor organizations, shall 37 develop a comprehensive plan to transition, train, or retrain employees 38 that are impacted by the New York state build public renewables act, and 39 shall establish and contribute to a just transition fund that shall make 40 funding available for worker transition and retraining. 41 38. The authority shall include requirements in any procurement or 42 development of a renewable energy project, as defined in subdivision 43 thirty of this section, that the components and parts shall be supplied 44 with equipment produced or made in whole or substantial part in the 45 United States, its territories or possessions. The authority's trustees, 46 in consultation with the New York state energy research and development 47 authority, may waive the procurement and development requirements set 48 forth in this subdivision if the trustees determine that: the require- 49 ments would not be in the public interest; the requirements would result 50 in unreasonable costs; obtaining such infrastructure components and 51 parts in the United States would increase the cost of a renewable energy 52 project by an unreasonable amount; or such components or parts cannot be 53 produced, made, or assembled in the United States in sufficient and 54 reasonably available quantities or of satisfactory quality. Such deter- 55 mination must be made on an annual basis no later than December thirty- 56 first after providing notice and an opportunity for public comment, and

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1 be made publicly available, in writing, on the authority's website with 2 a detailed explanation of the findings leading to such determination. If 3 the authority's trustees have issued determinations for three consec- 4 utive years that no such waiver is warranted pursuant to this subdivi- 5 sion, then the authority shall no longer be required to provide the 6 annual determination required by this subdivision. 7 39. The authority shall work with existing workforce development 8 programs, union apprenticeship programs, and regional community energy 9 hubs to publish a report on the ways that the construction of renewable 10 projects can best support the development of skilled, well paid local 11 workforces in the renewable energy sector, and shall provide financial 12 support through the just transition fund established pursuant to subdi- 13 vision thirty-seven of this section for pre-apprenticeship programs 14 through local community based organizations that work with disadvantaged 15 communities and union run workforce development institutions, where 16 this support is found to be necessary to the effective development of 17 this workforce according to the report. 18 40. For energy projects that the authority builds on properties of the 19 New York city housing authority, including heat pump installations, 20 retrofits, weatherization measures, and lead, mold, and asbestos remedi- 21 ation, both the authority and its contractors shall prioritize hiring 22 residents of these properties, provided that residents meet consider- 23 ations of availability, interest, skill level and training. No 24 provisions of this subdivision shall alter the status of any Section 9 25 housing. The authority shall consult the residents or occupants of all 26 public buildings where the authority is building projects to assess 27 their needs and minimize disruption, nuisance, public health risks, and 28 displacement during any remediation, retrofit, weatherization, heat pump 29 installations, or other construction the authority or its contractors 30 perform. All work subject to this subdivision shall be considered 31 public work, subject to articles eight and nine of the labor law, and 32 shall utilize a project labor agreement. For purposes of this subdivi- 33 sion, "project labor agreement" shall mean a pre-hire collective 34 bargaining agreement between the authority, or a third party on behalf 35 of the authority, and a bona fide building and construction trade labor 36 organization establishing the labor organization as the collective 37 bargaining representative for all persons who will perform work on a 38 public work project, and which provides that only contractors and 39 subcontractors who sign a pre-negotiated agreement with the labor organ- 40 ization can perform project work. All contractors and subcontractors 41 associated with this work shall be required to utilize apprenticeship 42 agreements as defined by article twenty-three of the labor law. 43 41. (a) Nothing in the New York state build public renewables act 44 shall alter the rights or benefits, and privileges, including, but not 45 limited to terms and conditions of employment, civil service status, and 46 collective bargaining unit membership, of any current employees of the 47 authority. 48 (b) Nothing in the New York state build public renewables act shall 49 result in: (i) the discharge, displacement, or loss of position, includ- 50 ing partial displacement such as a reduction in the hours of non-over- 51 time work, wages, or employment benefits; (ii) the impairment of exist- 52 ing collective bargaining agreements; (iii) the transfer of existing 53 duties and functions; or (iv) the transfer of future duties and func- 54 tions, of any currently employed worker impacted by this act who agrees 55 to be retrained.

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1 42. The authority shall enter into a memorandum of understanding for 2 the operation and maintenance of a renewable energy project developed 3 pursuant to the New York state build public renewables act with a bona 4 fide labor organization of jurisdiction that is actively engaged in 5 representing transitioning employees from non-renewable generation 6 facilities. The memorandum shall only apply to the employees necessary 7 for the maintenance and operation of such renewable energy generation 8 projects. Such memorandum shall contain but not be limited to safety and 9 training standards, disaster response measures, guaranteed hours, staff- 10 ing levels, pay rate protection and retraining programs. The employees 11 eligible for these positions shall first be selected from and offered to 12 a pool of transitioning workers who have lost their employment or will 13 be losing their employment in the non-renewable energy generation 14 sector. Such list of potential employees will be provided by affected 15 unions and provided to the department of labor. The department of labor 16 shall update and provide such list to the authority ninety days prior to 17 purchase, acquisition, and/or construction of any project under the New 18 York state build public renewables act. 19 § 3. Section 1003 of the public authorities law, as amended by chapter 20 766 of the laws of 2005, is amended to read as follows: 21 § 1003. Trustees. 1. The authority shall consist of [seven] seventeen 22 trustees, five of whom shall serve respectively for terms of one, two, 23 three, four and five years, to be appointed by the governor, by and with 24 the advice and consent of the senate. The sixth and seventh trustees 25 shall be appointed by the governor, by and with the advice and consent 26 of the senate, and shall serve initial terms of one and two years 27 respectively. All other trustees shall be appointed as follows: two by 28 the governor, four by the temporary president of the senate, and four by 29 the speaker of the assembly, and shall proportionally be selected from 30 labor union representatives that represent both employees of the author- 31 ity and employees of construction contractors of the authority, environ- 32 mental justice advocates, community renewable energy advocates, consumer 33 advocates, and building electrification and energy efficiency experts. 34 For any appointment and vacant trustee position, the New York state 35 energy research and development authority's clean energy hubs shall 36 select qualified candidates that shall be given reasonable consideration 37 for an appointment as trustee by the governor, senate, and assembly. 38 Each trustee shall hold office until a successor has been appointed and 39 qualified or until removed by a majority vote of the legislature or the 40 governor. At the expiration of the term of each trustee and of each 41 succeeding trustee [the governor shall, by and with the advice and 42 consent of the senate, appoint a successor, who shall hold office for a 43 term of five years, or until a successor has been appointed and quali- 44 fied. In the event of a vacancy occurring in the office of the trustee 45 by death, resignation or otherwise, the governor shall, by and with the 46 advice and consent of the senate, appoint a successor, who shall hold 47 office for the unexpired term. Four trustees shall constitute a quorum 48 for the purpose of organizing the authority and conducting the business 49 thereof.], or the event of a vacancy occurring in the office of the 50 trustee by death, resignation or otherwise, the original entities who 51 appointed that trustee shall appoint a successor, after consideration of 52 clean energy hub candidates, who shall hold office for the unexpired 53 term. Nine trustees shall constitute a quorum for the purpose of organ- 54 izing the authority and conducting the business thereof. Any authority 55 trustee or board member may be terminated by either a majority vote of 56 the senate or assembly, or by the governor. Reasons for termination may

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1 include, but are not limited to: failure to meet the renewable energy 2 targets outlined in this bill; conflicts of interest; failure to prior- 3 itize climate justice, environmental justice, or economic justice in the 4 authority's operations; sexual assault or harassment; or corruption. 5 2. The trustee chosen as chairman as provided in section one thousand 6 four of this title, shall receive an annual salary which shall be set by 7 the trustees of the authority, and which shall not exceed the salary 8 prescribed for the positions listed in paragraph (f) of subdivision one 9 of section one hundred sixty-nine of the executive law. [Each other 10 trustee shall not receive a salary or other compensation.] Each trustee 11 shall receive his or her reasonable expenses in the performance of his 12 or her duties hereunder. The trustee chosen as chairman may elect to 13 become a member of the New York state and local employees' retirement 14 system on the basis of such compensation to which he or she shall be 15 entitled as herein provided notwithstanding the provisions of any gener- 16 al, special or local law, municipal charter, or ordinance. 17 § 4. Nothing in this act is intended to limit, impair, or affect the 18 legal authority of the power authority of the state of New York under 19 any other provision of title 1 of article 5 of the public authorities 20 law. 21 § 5. No section of this act or any action required to be taken under 22 this act shall be delayed or made contingent upon the completion of the 23 plan required by subdivision 33 of section 1005 of the public authori- 24 ties law, as added by section two of this act. 25 § 6. Severability clause. If any clause, sentence, paragraph, subdi- 26 vision, or section of this act shall be adjudged by any court of compe- 27 tent jurisdiction to be invalid, such judgment shall not affect, impair, 28 or invalidate the remainder thereof, but shall be confined in its opera- 29 tion to the clause, sentence, paragraph, subdivision, or section thereof 30 directly involved in the controversy in which such judgment shall have 31 been rendered. It is hereby declared to be the intent of the legislature 32 that this act would have been enacted even if such invalid provisions 33 had not been included herein. 34 § 7. This act shall take effect immediately.