S 9096: Establishes the office of energy and equity within the department of state to help ensure equitable access to all energy affordability initiatives available in the state by streamlining the administration of energy affordability and access programs, maximizing the support available to each eligible household, and enhancing the transparency, accountability, and effectiveness of energy affordability and access programs; establishes the energy affordability fund.

  
  STATE OF NEW YORK ________________________________________________________________________ 9096  IN SENATE February 3, 2026 ___________ Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the executive law, in relation to establishing the office of energy and equity; and to amend the state finance law and the public authorities law, in relation to establishing the energy affordability fund The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The executive law is amended by adding a new section 94-e 2 to read as follows: 3 § 94-e. Office of energy and equity. 1. Legislative intent. The 4 legislature hereby finds and declares that access to affordable energy 5 is essential to the health, safety, and economic well-being of the resi- 6 dents of the state of New York. Excessive household energy costs impose 7 a disproportionate burden on low- and moderate-income households, 8 seniors, persons with disabilities, and residents of disadvantaged 9 communities, increasing the risk of utility arrearages, service termi- 10 nations, housing instability, and adverse health outcomes. 11 The legislature further finds that the state administers multiple 12 energy affordability, bill assistance, energy efficiency, and weatheri- 13 zation programs through various agencies and public authorities. The 14 administration of such programs is fragmented, resulting in administra- 15 tive barriers, inconsistent eligibility determinations, limited coordi- 16 nation, and gaps in participation. As a result, many eligible households 17 do not receive the full scope of energy affordability assistance for 18 which they qualify, and statewide energy burdens remain unacceptably 19 high. 20 The legislature further finds that improving energy affordability is a 21 matter of statewide concern and is integral to advancing economic equi- 22 ty, consumer protection, housing stability, and environmental justice. A 23 coordinated, transparent, and data-driven approach is necessary to 24 ensure that energy affordability programs are effective, equitable, and 25 accessible. Accordingly, the legislature finds that it is necessary to 26 establish an Office of Energy and Equity within the department of state EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10142-02-6 
 S. 9096 2 1 to: coordinate and streamline the administration of energy affordabili- 2 ty programs; maximize the support available to eligible households; 3 reduce administrative and structural barriers to access; collect and 4 report data regarding program participation and outcomes; and provide 5 policy recommendations to improve the effectiveness, equity, and acces- 6 sibility of such programs. 7 2. Definitions. For purposes of this section, the following terms 8 shall have the following meanings: 9 (a) "energy affordability program" means any program administered by 10 the state that is intended to reduce a household's energy burden, 11 including but not limited to any programs that provide utility bill 12 assistance, improve energy efficiency, or support weatherization, pre-e- 13 lectrification, or electrification. 14 (b) "energy burden" means the percentage of household income spent on 15 electricity, natural gas, or other forms of home energy. 16 3. Office for energy and equity. There is hereby created within the 17 department of state the office of energy and equity. The purpose of the 18 office shall be to ensure equitable access to all energy affordability 19 initiatives available in the state, streamline the administration of 20 such initiatives, and maximize energy affordability support for eligible 21 households. 22 4. Organization of the office of energy and equity. (a) The secretary 23 shall appoint an executive director of the office to accomplish the 24 responsibilities set forth in this section. Such executive director 25 shall receive an annual salary within amounts appropriated and shall 26 serve at the pleasure of the secretary. 27 (b) The secretary shall have the power to establish, consolidate, 28 reorganize, or abolish any organizational units within the office as the 29 secretary determines to be necessary for efficient operation thereof. 30 The secretary shall assign functions to any such unit and may appoint 31 staff, agents, and consultants, prescribe their duties, and fix their 32 compensation within amounts appropriated. 33 5. Powers and duties of the office of energy and equity. The office 34 of energy and equity shall have the power and responsibility to: 35 (a) coordinate and streamline the administration of energy affordabil- 36 ity programs across state agencies, authorities, and offices to reduce 37 administrative barriers and improve household access to energy afforda- 38 bility programs; 39 (b) evaluate whether eligible households are receiving the full range 40 of available energy affordability programs for which they qualify and 41 identify opportunities to maximize the effectiveness and reach of such 42 support; 43 (c) promote transparency, accountability, and effectiveness in the 44 design, administration, and delivery of energy affordability programs; 45 (d) collect, analyze, audit, and publicly report on data related to 46 the administration, participation, and outcomes of energy affordability 47 programs; 48 (e) intervene or participate in any proceeding that impacts energy 49 affordability before any state agency, authority, or office; 50 (f) request and receive from any state or local authority, agency, 51 department, or division of the state or political subdivision such 52 assistance, personnel, information, books, records, other documentation 53 and cooperation necessary to perform their duties; and 54 (g) enter into cooperative agreements with other government offices to 55 efficiently carry out their work. 
 S. 9096 3 1 6. Reports. On July first, two thousand twenty-seven and annually 2 thereafter, the state office of energy and equity shall issue a report 3 to the governor and the legislature, and make such report available to 4 the public free of charge on a publicly available website, containing, 5 but not limited to, the following information: 6 (a) The most recent statewide five-year average energy burden of 7 households, as reported by the U.S. Census Bureau, and/or by other 8 publicly available, comparable sources; 9 (b) The estimated number of, and equivalent energy burdens for, house- 10 holds with incomes: 11 (i) less than but at or above sixty percent of the state median 12 income; 13 (ii) less than sixty percent of the state median income but at or 14 above the federal poverty level; and 15 (iii) less than the federal poverty level; 16 (c) An inventory of all energy affordability programs administered by 17 each state agency, authority, or office, including but not limited to: 18 (i) the purpose, eligibility criteria, benefit structure, and the 19 entity responsible for administration of the program; 20 (ii) the most recent calendar year statewide number of residential 21 utility customers enrolled in any energy affordability program, summa- 22 rized by type of program; 23 (iii) information regarding the use of funds, including, to the extent 24 practicable, the total funds collected, allocated, and expended for each 25 energy affordability program and the financial impact of such programs 26 on residential households; and 27 (iv) identified barriers to participation in energy affordability 28 programs; 29 (d) The most recent calendar year statewide total of residential util- 30 ity service terminations; 31 (e) Equivalent data as reported in paragraphs (a) through (d) of this 32 subdivision, aggregated as practicable by energy utility service area, 33 state economic region, county, disadvantaged community or other 34 geographic or political subdivision; and 35 (f) Policy recommendations and suggested statutory or regulatory 36 amendments that the office deems necessary to improve the effectiveness, 37 equity, and accessibility of energy affordability programs. 38 § 2. The state finance law is amended by adding a new section 99-uu to 39 read as follows: 40 § 99-uu. Energy affordability fund. 1. There is hereby established in 41 the joint custody of the commissioner of taxation and finance and the 42 state comptroller a special fund to be known as the "energy affordabili- 43 ty fund". 44 2. The energy affordability fund shall consist of moneys received by 45 the state pursuant to subdivision twenty-seven of section eighteen 46 hundred fifty-four of the public authorities law and all other moneys 47 appropriated, credited, or transferred thereto from any other fund or 48 source pursuant to law. 49 3. Moneys of the fund shall be expended to support and promote energy 50 affordability programs administered by any state agency, authority, or 51 office, for the following purposes: 52 (a) to provide funding, on a priority basis, for the low-income home 53 energy assistance program, as referenced in section ninety-seven of the 54 social services law, in circumstances when federal funding is unavail- 55 able or insufficient to operate the program; 
 S. 9096 4 1 (b) to reduce the energy burdens of households statewide whose annual 2 energy burdens are greater than six percent of their income; and 3 (c) to enable the continuity or restoration of service for residential 4 utility customers whose service is at risk of termination for non-pay- 5 ment, or who have had their service terminated for non-payment. 6 4. Moneys in the energy affordability fund shall be kept separate from 7 and shall not be commingled with any other moneys in the custody of the 8 comptroller or the commissioner of taxation and finance. Provided, 9 however, that any moneys of the fund not required for immediate use may, 10 at the discretion of the comptroller, and in consultation with the 11 director of the division of the budget, be invested by the comptroller 12 in obligations of the United States or the state. The proceeds of any 13 such investment shall be retained by the fund as assets to be used for 14 purposes of the fund. 15 5. Monies shall be payable from the fund on the audit and warrant of 16 the comptroller on vouchers approved and certified by the executive 17 director of the office of energy and equity. 18 § 3. Section 1854 of the public authorities law is amended by adding a 19 new subdivision 27 to read as follows: 20 27. Beginning in the state fiscal year two thousand twenty-six--two 21 thousand twenty-seven, the authority is authorized, as deemed feasible 22 and advisable by the trustees, to make available an amount up to five 23 hundred million dollars annually to the office of energy and equity to 24 fund programs established or implemented by or within the office of 25 energy and equity. 26 § 4. This act shall take effect on the first of April next succeeding 27 the date on which it shall have become a law.