Catalyze Clean Energy Financing for Decarbonization in New York State Communities – State Energy Finance Institution (SEFI) Support”

Description of goods to services to be bid:

Summary of Revisions

The following changes have been made to PON 5456 “Catalyze Clean Energy Financing for Decarbonization in New York State Communities – State Energy Finance Institution (SEFI) Support”:

The language in PON 5456 on page 1, added language “NYSERDA’s provision of financial support through this initiative is intended to increase access to the Title 1703 loan guarantee program by entities seeking to advance decarbonization products or processes expected to advance the realization of New York greenhouse gas (“GHG”) reduction and DAC benefit goals.”

The language in PON 5456 on page 1, paragraph 2, added language “However, Eligible Applicants whose project(s) require a additional SEFI support capital per LPO technical review and feedback, are encouraged to consult with NY Green Bank (“NYGB”) and consider applying for additional SEFI funding under NYGB’s RFP1 open solicitation.”

The language in PON 5456 on page 2, Introduction, updated language “Individual awards under this PON can be a maximum of $20 million as determined by NYSERDA. However, Eligible Applicants whose project(s) require an additional SEFI support capital per LPO technical review and feedback, are encouraged to consult with NY Green Bank (“NYGB”) and consider applying for additional SEFI funding under NYGB’s RFP1 open solicitation.

The language in PON 5456 on page 2, Introduction, added language, “NYSERDA hosted a webinar for this solicitation on October 10th, 2023, at 10:00AM ET. This webinar recording is posted online for review. Please click here to view the webinar.

The language in PON 5456 on page 6, under General Conditions, added language “In consultation with NYSERDA, proposals requiring SEFI support exceeding the NYSERDA SEFI capital support under PON5456, may be able to apply for additional SEFI support from NYGB through NYGB’s RFP1. Such additional support will be subject to the requirements of NYGB’s RFP1.”

The language in PON 5456 on page 9, under Transactions, updated language
• Maximum: A maximum of $20 million as determined by NYSERDA , subject to structuring terms and LPO regulations in the PON

The language in PON 5456 on page 10, under Omnibus Procurement Act of 1992, updated language,

“A directory of certified minority- and women-owned business enterprises is available from:
Empire State Development
Minority and Women's Business Development Division 625 Broadway
Albany, NY 12207

State Finance Law sections 139-j and 139-k - NYSERDA is required to comply with State Finance Law sections 139-j and 139-k. These provisions contain procurement lobbying requirements which can be found at https://online.ogs.ny.gov/legal/lobbyinglawfaq/default.aspx . Proposers are required to answer questions during proposal submission, which will include making required certification under the State Finance Law and to disclose any Prior Findings of Non-Responsibility (this includes a disclosure statement regarding whether the proposer has been found non-responsible under section 139-j of the State Finance Law within the previous four years).

Tax Law Section 5-a - NYSERDA is required to comply with the provisions of Tax Law Section 5-a, which requires a prospective contractor, prior to entering an agreement with NYSERDA having a value in excess of
$100,000, to certify to the Department of Taxation and Finance (the "Department") whether the contractor, its affiliates, its subcontractors and the affiliates of its subcontractors have registered with the Department to collect New York State and local sales and compensating use taxes. The Department has created a form to allow a prospective contractor to readily make such certification. See, ST-220-TD (available at http://www.tax.ny.gov/pdf/current_forms/st/st220td_fill_in.pdf). Prior to contracting with NYSERDA, the prospective contractor must also certify to NYSERDA whether it has filed such certification with the Department.
The Department has created a second form that must be completed by a prospective contractor prior to contracting and filed with NYSERDA. See, ST-220-CA (available at http://www.tax.ny.gov/pdf/current_forms/st/st220ca_fill_in.pdf). The Department has developed guidance for contractors which is available at http://www.tax.ny.gov/pdf/publications/sales/pub223.pdf .

Contract Award - NYSERDA expects to deploy up to $20 Million of concessionary capital starting in [Month], 2023, until fully allocated. NYSERDA anticipates a contract duration of 5 years, unless NYSERDA management determines a different structure is more efficient based upon proposals received. A contract may be awarded based on initial applications without discussion or following limited discussion or negotiations pertaining to the Statement of Work. Each application should be submitted using the most favorable cost and technical terms. NYSERDA may request additional data or material to support applications. NYSERDA will use the Sample Agreement to contract successful proposals. NYSERDA may at its discretion elect to extend and/or add funds to any project funded through this solicitation. NYSERDA reserves the right to limit any negotiations to exceptions to standard terms and conditions in the Sample Agreement to those specifically identified in the checklist questions. Proposers should keep in mind that acceptance of all standard terms and conditions will generally result in a more expedited contracting process. NYSERDA expects to notify Applicants within 90 days from the receipt of an application whether your application has been selected to receive an award. NYSERDA may decline to contract with awardees that are delinquent with respect to any obligation under any previous or active NYSERDA agreement.”

The language in PON 5456 on page 14, Appendix 1, subsection II, Principal Financing Terms, added language Additional SEFI funds may be available from NYGreen Bank and applied for under its RFP 1 open solicitation.

The language in PON 5456 on page 2, Introduction, added language “Eligible Applicants whose project(s) may require more than the lesser of $5 Million or 3% of the proposed portfolio of SEFI support capital are encouraged to consult with the NYSERDA PON team about applying to NY Green Bank (“NYGB”) for additional SEFI funding under NYGB’s RFP1 open solicitation. Please note that such consultation will not influence the transaction selection process under RFP1.”

The language in PON 5456 on page 10, under General Conditions, added language “In consultation with NYSERDA, proposals requiring SEFI support exceeding the NYSERDA SEFI capital support under PON5456, maybe able to apply for additional SEFI support from NYGB that will be subject to requirements of NYGB RFP1.”

The language in PON 5456 on page 10, under Omnibus Procurement Act of 1992, updated language,
“A directory of certified minority- and women-owned business enterprises is available from:
Empire State Development
Minority and Women's Business Development Division 625 Broadway
Albany, NY 12207

State Finance Law sections 139-j and 139-k - NYSERDA is required to comply with State Finance Law sections 139-j and 139-k. These provisions contain procurement lobbying requirements which can be found at https://online.ogs.ny.gov/legal/lobbyinglawfaq/default.aspx . Proposers are required to answer questions during proposal submission, which will include making required certification under the State Finance Law and to disclose any Prior Findings of Non-Responsibility (this includes a disclosure statement regarding whether the proposer has been found non-responsible under section 139-j of the State Finance Law within the previous four years).

Tax Law Section 5-a - NYSERDA is required to comply with the provisions of Tax Law Section 5-a, which requires a prospective contractor, prior to entering an agreement with NYSERDA having a value in excess of
$100,000, to certify to the Department of Taxation and Finance (the "Department") whether the contractor, its affiliates, its subcontractors and the affiliates of its subcontractors have registered with the Department to collect New York State and local sales and compensating use taxes. The Department has created a form to allow a prospective contractor to readily make such certification. See, ST-220-TD (available at http://www.tax.ny.gov/pdf/current_forms/st/st220td_fill_in.pdf). Prior to contracting with NYSERDA, the prospective contractor must also certify to NYSERDA whether it has filed such certification with the Department.
The Department has created a second form that must be completed by a prospective contractor prior to contracting and filed with NYSERDA. See, ST-220-CA (available at http://www.tax.ny.gov/pdf/current_forms/st/st220ca_fill_in.pdf). The Department has developed guidance for contractors which is available at http://www.tax.ny.gov/pdf/publications/sales/pub223.pdf .

Contract Award - NYSERDA expects to deploy up to $20 Million of concessionary capital starting in [Month], 2023, until fully allocated. NYSERDA anticipates a contract duration of 5 years, unless NYSERDA management determines a different structure is more efficient based upon proposals received. A contract may be awarded based on initial applications without discussion or following limited discussion or negotiations pertaining to the Statement of Work. Each application should be submitted using the most favorable cost and technical terms. NYSERDA may request additional data or material to support applications. NYSERDA will use the Sample Agreement to contract successful proposals. NYSERDA may at its discretion elect to extend and/or add funds to any project funded through this solicitation. NYSERDA reserves the right to limit any negotiations to exceptions to standard terms and conditions in the Sample Agreement to those specifically identified in the checklist questions. Proposers should keep in mind that acceptance of all standard terms and conditions will generally result in a more expedited contracting process. NYSERDA expects to notify Applicants within 90 days from the receipt of an application whether your application has been selected to receive an award. NYSERDA may decline to contract with awardees that are delinquent with respect to any obligation under any previous or active NYSERDA agreement.”

The language in PON 5456 on page 14, Appendix 1, subsection II, Principal Financing Terms, added language Additional SEFI funds may be available from NYGreen Bank and applied for under its RFP 1 open solicitation.

A new federal authority waives the innovative technology requirement in the Department of Energy Loan Program Office’s (“LPO”) Title 1703 for projects receiving financial support or credit enhancements from a State Energy Financing Institution (“SEFI”). Previously, all projects funded under Title 1703 were required to employ technologies that were new or significantly improved compared to commercially available technologies. Now, projects that reduce greenhouse gas emissions without using an innovative technology may be eligible for loans under Title 1703 program, so long as the projects receive qualifying funding from a SEFI (e.g., a state green bank, state energy offices or other qualifying state entities) and fall into one of the categories of eligible projects under Title 1703 program.

NYSERDA is pleased to announce the launch of a $20 million Decarbonization Fund (SEFI Fund) and encourages Financial Institutions (FinCos) and other specialty lenders to apply for this funding pathway from LPO to deliver climate decarbonization solutions for New York State residents, including to disadvantaged communities (DACs). The SEFI Fund is expected to expand and accelerate the lending from 3rd party-capital sources and channel this financing into decarbonization projects that benefit New York communities.

If changes are made to this solicitation notification will be posted on NYSERDA’s website at:  www.nyserda.ny.gov/funding-opportunities

Eligibility/Qualifications Requirements/Preferences:

Eligible Applicants must be in the process of applying to LPO for a loan guarantee supporting decarbonization work in NYS within the Target Sectors described described in Section 2.2, and may include, without limitation, the following types of entities (subject to Federal Regulations for LPO Title 1703 Program): regulated and unregulated financial entities (including but not limited to, insured credit unions and depository institutions, FinCo, and other firms active in lending activities) actively deploying capital into clean energy and sustainable infrastructure and decarbonization strategies that benefit communities in New York State.