STATE OF NEW YORK
________________________________________________________________________
690
2021-2022 Regular Sessions
IN SENATE(Prefiled)
January 6, 2021
___________
Introduced by Sen. HOYLMAN -- 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 authorities law, in relation to directing
state agencies and public authorities to reduce their energy use, and
to prepare reports of their actions and achievements relating to ener-
gy efficiency and provide such reports to the New York power authority
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1005 of the public authorities law is amended by
2 adding a new subdivision 28 to read as follows:
3 28. Energy efficiency improvements of state buildings shall be the
4 responsibility of the state agencies and authorities. Notwithstanding
5 any law to the contrary, all "affected state entities" ("ASEs"), which
6 includes all agencies and departments over which the governor has execu-
7 tive authority, and all public-benefit corporations, public authorities
8 and commissions for which the governor appoints the chair, the chief
9 executive or the majority of board members, except for the Port Authori-
10 ty of New York and New Jersey, shall be responsible for collectively
11 reducing their energy use for all state-owned and managed buildings by
12 at least twenty percent from a baseline established as of March thirty-
13 first, two thousand fourteen for such buildings by April first, two
14 thousand twenty-seven ("target").
15 (a) The authority shall establish a central management and implementa-
16 tion team ("CMIT") to oversee the ASEs and administer any programs
17 necessary to achieve the target. The CMIT is hereby authorized to:
18 (i) take all appropriate measures to ensure that the target is met;
19 (ii) direct ASEs to comply with the requirements of this subdivision;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05703-01-1
S. 690 2
1 (iii) create guidelines ("guidelines") to assist ASEs in complying
2 with the requirements of this subdivision, and thereafter update such
3 guidelines as necessary;
4 (iv) provide strategic, technical, and other assistance to each ASE to
5 support implementation of the target;
6 (v) develop annual milestones for achieving the target over the next
7 seven years within twelve months of the effective date of this subdivi-
8 sion;
9 (vi) develop and implement reporting requirements to document each
10 ASE's progress toward meeting the target;
11 (vii) develop a comprehensive operations and maintenance plan for the
12 state's building portfolio to help achieve no cost and low cost effi-
13 ciency improvements and ensure that efficiency savings are sustained;
14 (viii) submit an annual report to the governor by January fifteenth of
15 each year detailing the overall progress ASEs are making toward meeting
16 the target.
17 (b) In addition to the requirements established in this subdivision,
18 each ASE shall comply with the following:
19 (i) For each state fiscal year, each ASE shall measure the energy use
20 in state-owned and managed buildings having an area greater than twenty
21 thousand square feet;
22 (ii) Buildings that receive low benchmark scores, as defined by the
23 guidelines, shall undergo an American Society of Heating, Refrigeration,
24 and Air-Conditioning Engineers ("ASHRAE") Level II energy audit, or any
25 other comparable audit that the CMIT approves. In addition to energy
26 efficiency measures, the audits shall identify opportunities for cost-
27 effective on-site renewable generation and high-efficiency combined heat
28 and power;
29 (iii) ASEs shall implement a cost-effective portfolio of measures
30 identified and recommended in the audit and shall complete or make
31 substantial progress toward completion of such measures within two years
32 of completion of the audit. A portfolio may include, but shall not be
33 limited to, no- and low-cost operational improvements, retro-commission-
34 ing, capital energy efficiency retrofits, on-site renewable and high-ef-
35 ficiency combined heat and power, and other measures identified by the
36 CMIT;
37 (iv) ASEs shall work with the CMIT to prioritize sub-metering for all
38 relevant energy sources of buildings larger than one hundred thousand
39 square feet on a master-metered campus to identify ways to finance such
40 sub-metering. All buildings having an area larger than one hundred thou-
41 sand square feet on master-metered campuses shall be sub-metered for all
42 fuels and other energy sources by December thirty-first, two thousand
43 twenty-three, to enable individual building benchmarking, unless the ASE
44 that owns or operates the building can demonstrate to the CMIT that it
45 is not cost-effective or feasible to do so;
46 (v) ASEs shall include an energy efficiency analysis in the design
47 phase of all capital project plans. The capital project should include
48 energy efficient measures or technologies determined to be the most
49 cost-effective, as defined by the guidelines;
50 (vi) ASEs may receive credit towards the target for increasing energy
51 efficiency in leased space. In addition, ASEs may receive credit towards
52 meeting the target for installing on-site renewable generation if the
53 host site for such renewable generation has deployed all cost-effective
54 energy efficiency improvements consistent with the goals of this subdi-
55 vision. ASEs shall consult with and apply to the CMIT concerning such
56 credits;
S. 690 3
1 (vii) No later than October first of each calendar year, each ASE
2 shall submit all information requested by the CMIT on all state-owned
3 and managed buildings having an area over twenty thousand square feet,
4 as well as any other information related to assessing compliance with
5 the requirements of this subdivision. The CMIT is authorized to provide
6 exemptions for good cause shown pursuant to criteria and procedures
7 established in the guidelines, including exemptions associated with
8 buildings that have obtained and maintained Energy Star or similar
9 certification, or have benchmark scores placing such buildings in the
10 top quartile of comparable buildings for the particular year at issue.
11 All ASEs shall submit results for annual exemptions to the CMIT in the
12 annual report. Electric usage attributable to vehicle charging shall
13 not be included in the target and other requirements of this subdivi-
14 sion.
15 § 2. This act shall take effect immediately.