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S05847 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                    IN SENATE
                                     March 19, 2021
        Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Corporations,  Authorities
          and Commissions
        AN  ACT to amend the public authorities law, in relation to establishing
          environmental standards for public authorities

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Article  9  of  the  public authorities law is amended by
     2  adding a new title 13 to read as follows:
     3                                  TITLE 13
     4                              ENERGY EFFICIENCY
     5  Section 2990.   Definitions.
     6          2991.   Applicability.
     7          2992.   Energy targets.
     8          2993.   Energy assessments and efficiency plan.
     9          2994.   Solid waste management plan.
    10          2995.   New construction, renovations and leases.
    11          2996.   Procurement.
    12          2997.   State authorities energy efficiency council.
    13          2998.   Reports.
    14          2999. Assistance from other authorities.
    15    § 2990. Definitions. For the purposes of  this  title,  the  following
    16  words and terms shall have the following meanings:
    17    1.  "Building  or  facility"  means a single building or facility or a
    18  group of buildings or structures at a single site that is owned, leased,
    19  operated or funded by a state authority  that  exceeds  twenty  thousand
    20  square feet of space.  For the purposes of this title, the term "facili-
    21  ty" shall include any highway, parkway or public road owned, operated or
    22  maintained by a state authority.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 5847                             2
     1    2.  "Council"  means  the  state authorities energy efficiency council
     2  established pursuant to section twenty-nine hundred ninety-seven of this
     3  title.
     4    3. "DEC" means the department of environmental conservation.
     5    4.  "Fuel cell" means a device that produces electricity directly from
     6  hydrogen or hydrocarbon fuel through a  non-combustive  electro-chemical
     7  process.
     8    5.  "Greenhouse  gas"  means  carbon  dioxide, methane, nitrous oxide,
     9  hydrofluorocarbons, perfluorocarbons and sulphur hexafluoride.
    10    6. "NYSERDA" means the New York state energy research and  development
    11  authority.
    12    7. "OGS" means the office of general services.
    13    8.  "Renewable energy" means energy produced from the following sourc-
    14  es: solar thermal, photovoltaics, wind, hydroelectric, geo-exchange  and
    15  tidal/wave energy.
    16    9.  "State  authority"  shall  mean  the  state  authorities listed in
    17  section twenty-nine hundred ninety-one of this title.
    18    10. "State interagency committee" means the state interagency  commit-
    19  tee  on  sustainability  and  green  procurement established pursuant to
    20  executive order number four of two thousand eight.
    21    § 2991. Applicability. 1. The provisions  of  this  title  shall  only
    22  apply to the following state authorities:
    23    Battery Park City Authority
    24    Capital District Transportation Authority
    25    Central New York Regional Transportation Authority
    26    Development Authority of the North Country
    27    Dormitory Authority of the State of New York
    28    Long Island Power Authority
    29    Metropolitan Transportation Authority
    30    New York Convention Center Operating Corporation
    31    New York State Bridge Authority
    32    New York State Energy Research and Development Authority
    33    New York State Olympic Regional Development Authority
    34    New York State Thruway Authority
    35    Niagara Frontier Transportation Authority
    36    North Country Power Authority
    37    Power Authority of the State of New York
    38    Rochester-Genesee Regional Transportation Authority
    39    2.  Notwithstanding the provisions of subdivision one of this section,
    40  the provisions of this title shall not apply to a building  or  facility
    41  owned,  leased  or operated by a state authority established pursuant to
    42  titles one and one-A of article five of this chapter, which building  or
    43  facility  or  vehicle  or  vehicle  fleet  is used primarily to produce,
    44  generate, transmit or store energy and power.
    45    § 2992. Energy targets. 1. All buildings or facilities or vehicles  or
    46  vehicle  fleets  owned,  leased,  under  which  the state authority pays
    47  directly for energy, or operated by a state  authority  shall  meet  the
    48  following  targets and timetable to achieve reductions in greenhouse gas
    49  emissions, energy and water consumption:
    50    (a) reduce greenhouse gas emissions that result from  state  authority
    51  operations  from the established baseline measurements by twenty percent
    52  by the year two thousand twenty-five, thirty percent  by  the  year  two
    53  thousand  thirty and forty percent by the year two thousand thirty-five.
    54  Emission reductions shall be measured  on  an  absolute  basis  and  not
    55  adjusted for facility expansion, load growth or weather;

        S. 5847                             3
     1    (b)  reduce  overall  energy consumption at buildings or facilities or
     2  vehicles or vehicle fleets  owned  or  leased,  under  which  the  state
     3  authority  pays  directly  for  energy,  by the state authority from the
     4  established baseline measurements by fifteen percent  by  the  year  two
     5  thousand twenty-five, twenty percent by the year two thousand thirty and
     6  thirty percent by the year two thousand thirty-five;
     7    (c) reduce potable water use from the established baseline measurement
     8  by  ten  percent by the year two thousand twenty-five, twenty percent by
     9  the year two thousand thirty and thirty percent by the year two thousand
    10  thirty-five; and
    11    (d) obtain by generation or  procurement  fifteen  percent  of  annual
    12  electricity  consumption from renewable sources by the year two thousand
    13  twenty-five, twenty-five percent by the year  two  thousand  thirty  and
    14  fifty percent by the year two thousand thirty-five.
    15    2.  Each  state  authority that owns, leases or operates a building or
    16  facility or vehicle or vehicle fleet shall establish a baseline measure-
    17  ment of greenhouse gas  emissions,  electricity  and  water  consumption
    18  levels  for  the  period beginning January first, two thousand seventeen
    19  and ending December thirty-first, two thousand eighteen for such  build-
    20  ing  or  facility  or vehicle or vehicle fleet. The baseline measurement
    21  shall be the average of the two year period.
    22    3. The council is authorized, upon the application of a state authori-
    23  ty, to reduce or decrease one or more efficiency targets required  under
    24  this  section if the state authority can demonstrate to the satisfaction
    25  of the council that it has achieved substantially the overall target  or
    26  goal  prior  to the final target year. For the purposes of this subdivi-
    27  sion, substantial achievement shall mean meeting ninety percent or  more
    28  of the target or goal.
    29    § 2993. Energy assessments and efficiency plan. 1. Energy assessments.
    30  (a) A state authority that owns, leases or operates a building or facil-
    31  ity  shall  conduct an annual onsite assessment and evaluation of energy
    32  and water consumption and expenses of such  building  or  facility.  The
    33  assessment shall include the following information:
    34    (1)  the  total  number  of  buildings and facilities owned, leased or
    35  operated by the state authority and the total square  footage  for  such
    36  buildings and facilities;
    37    (2)  the total annual energy consumption, listed by energy source, for
    38  each building or facility;
    39    (3) the total annual energy cost calculated per square foot, and list-
    40  ed by energy source, for each building or facility;
    41    (4) the total annual water consumption for each building or facility;
    42    (5) the total annual cost for fuel used by  authority-owned  vehicles,
    43  listed  by  fuel  type and the average mileage efficiency of vehicles by
    44  vehicle class owned or leased by the state authority; and
    45    (6) a breakdown by percentage of the total renewable  energy  used  by
    46  each building or facility.
    47    (b)  In  developing  this assessment, the state authority may seek the
    48  advice and assistance of other state agencies and entities, such as DEC,
    49  NYSERDA or OGS.
    50    2. Energy  efficiency  plan.  (a)  Based  on  the  initial  assessment
    51  conducted  pursuant  to  subdivision  one  of  this  section, each state
    52  authority shall develop and submit to the council for  its  approval  an
    53  energy  efficiency  plan to meet the targets, goals and timetable estab-
    54  lished pursuant to subdivision one of section twenty-nine hundred  nine-
    55  ty-two of this title.

        S. 5847                             4
     1    (b)  The  plan  shall describe specific measures to be taken to reduce
     2  the  state  authority's  greenhouse  gas  emissions,  energy  and  water
     3  consumption  in  accordance  with such targets and goals. The plan shall
     4  also describe any policies adopted, and projects pursued, by  the  state
     5  authority  to  increase  the  use  of renewable energy sources and other
     6  alternative sources.
     7    (c) The council shall approve the plan if the plan:
     8    (1) provides a detailed  and  comprehensive  plan  for  achieving  the
     9  targets and goals set forth in section twenty-nine hundred ninety-two of
    10  this title; and
    11    (2) can be implemented in a cost-effective manner.
    12    (d)  The  plan  shall  be  amended  to  reflect any changes or updates
    13  reported in the annual assessment pursuant to subdivision  one  of  this
    14  section.
    15    (e)  With  respect  to buildings and facilities that contain less than
    16  twenty thousand square feet in space, a state authority is encouraged to
    17  assess, develop and implement  efficiency  and  waste  management  plans
    18  consistent  with  the targets, goals and timetables required pursuant to
    19  this title.
    20    § 2994. Solid waste management plan. 1. For purposes of this  section,
    21  "solid waste" shall have the same meaning as is found in subdivision one
    22  of  section 27-0701 of the environmental conservation law, but shall not
    23  include source, special nuclear or by-product material as defined in the
    24  atomic energy act of 1954, as amended, or hazardous waste which  appears
    25  on  the list or satisfies the characteristics of hazardous waste promul-
    26  gated pursuant to section 27-0903 of the environmental conservation law,
    27  or low level radioactive waste as defined  in  section  29-0101  of  the
    28  environmental conservation law.
    29    2.  (a)  All state authorities shall prepare and submit to the council
    30  for its review and approval a  solid  waste  management  plan  for  such
    31  authority for at least a ten-year period.
    32    (b)  The  solid waste management plan, which shall be in a form devel-
    33  oped by the council, shall, at a minimum:
    34    (1) identify, describe and characterize the solid waste stream  to  be
    35  managed in the planning period;
    36    (2)  assess  existing  and  alternate  proposed solid waste management
    37  programs and facilities;
    38    (3) identify the parties with responsibility to implement each element
    39  of the plan and the steps which must be undertaken by each; and
    40    (4) set forth a timetable for implementing the plan, including  estab-
    41  lishing annual goals.
    42    (c)  Such  plan  shall  strive  to achieve the objectives of the state
    43  solid waste management policy set forth in section 27-0106 of the  envi-
    44  ronmental  conservation law, provide for or take into account management
    45  of all solid waste within the planning  unit,  and  embody,  as  may  be
    46  appropriate  to  the  circumstances,  sound  principles  of  solid waste
    47  management,  natural  resources  conservation,  energy  production,  and
    48  employment creating opportunities.
    49    (d) The council shall approve a plan if the plan contains the elements
    50  set  forth  in  paragraph  (b) of this subdivision. Thereafter such plan
    51  shall become the solid waste management plan in effect for such authori-
    52  ty.  If the plan as submitted does not contain the elements set forth in
    53  paragraph (b) of this subdivision, the council shall state  the  reasons
    54  for  its  determination  and require the state authority to re-submit an
    55  amended plan for approval.

        S. 5847                             5
     1    § 2995. New construction, renovations and leases. 1.  (a)  The  design
     2  and  construction  of  any new buildings or facility, or the substantial
     3  renovation of an existing building or facility,  by  a  state  authority
     4  shall  comply  with  the  standards  and  regulations promulgated by OGS
     5  pursuant to article four-C of the public buildings law. This subdivision
     6  shall also apply to a building or facility, fifty percent or more of the
     7  funding  for  the  purchase,  lease, design, construction or substantial
     8  renovation thereof is funded directly or indirectly by a state  authori-
     9  ty.
    10    (b)  For  the  purposes  of  this section, the term "substantial reno-
    11  vation" shall mean: a  capital  project  in  which  the  scope  of  work
    12  involves  at  least two of the following primary building systems: elec-
    13  trical, plumbing,  boiler,  elevator,  HVAC,  roof  replacement,  window
    14  replacement,  lighting or external masonry, painting and plastering; and
    15  the building area in which the construction is performed will be unoccu-
    16  pied due to the nature of the construction for thirty days or more.
    17    2. Any leases entered into by a state authority, including the renego-
    18  tiation or extension of existing leases, shall:
    19    (a) incorporate lease provisions that encourage energy and water effi-
    20  ciency wherever life-cycle cost-effective. Build-to-suit lease solicita-
    21  tions shall contain criteria encouraging sustainable design and develop-
    22  ment, energy efficiency, and verification of facility performance;
    23    (b) include a preference for facilities having the ENERGY STAR  build-
    24  ing  label  in their selection criteria for acquiring leased facilities;
    25  and
    26    (c) encourage lessors to apply for an ENERGY STAR building  label  and
    27  to  explore  and  implement  projects  that will reduce costs, including
    28  projects carried out through the lessors' energy-savings contracts.
    29    § 2996. Procurement. 1. Procurement from specification list.  (a)  All
    30  purchases  of  commodity, equipment, services and technologies made by a
    31  state authority shall be pursuant to procurement  lists  and  specifica-
    32  tions  promulgated  by  the state interagency committee.  Such committee
    33  shall review annually newly developed or manufactured products,  commod-
    34  ities,  equipment,  services  and  technologies, and shall issue updated
    35  procurement lists and specifications, if necessary.
    36    (b) In addition, all  state  authorities  shall  procure  commodities,
    37  equipment,  services  and technologies that meet or exceed the following
    38  minimum specifications:
    39    (1) Recycled content. To the maximum extent possible,  state  authori-
    40  ties  shall  seek  to  reduce  the  use  of  copy  paper and other paper
    41  products. Any purchase of copy paper and other paper supplies for  which
    42  the United States environmental protection agency has developed recycled
    43  content  recommendations  pursuant  to  section  six thousand two of the
    44  federal resource conservation and recovery act shall be required to meet
    45  or exceed the state authority's minimum post-consumer  material  content
    46  percentages  recommended in the most recent recovered materials advisory
    47  notice issued for such commodity  in  the  federal  register;  provided,
    48  however,  that  xerographic  paper  shall  contain  no  less than thirty
    49  percent post-consumer recycled content. All copy  and  janitorial  paper
    50  shall  be  processed  chlorine-free to the extent practicable. All state
    51  authorities shall print publications  on  recycled  paper,  and  minimum
    52  percentages  shall be met unless costs for such paper exceed the cost of
    53  other available commodities by more than ten percent.
    54    (2) Waste reduction. State authorities shall seek to reduce  waste  in
    55  products and packaging, including the formulation of policies to promote
    56  the  use  of  double-sided  copying  and printing to the greatest extent

        S. 5847                             6
     1  practicable. State authorities shall favor durability, repairability and
     2  reuse when purchasing supplies.
     3    2. If a commodity or equipment is not on a procurement list, the state
     4  authority  shall  select  ENERGY STAR and energy-efficient products when
     5  acquiring energy-using products or equipment. For products or  equipment
     6  for  which ENERGY STAR labels are not yet available, the state authority
     7  shall follow the guidelines adopted by the department of state  pursuant
     8  to  article sixteen of the energy law that designate target energy effi-
     9  ciency levels for such product or equipment.
    10    3. A state authority may procure a commodity,  equipment,  service  or
    11  technology through a process that does not comply with this section when
    12  the  purchase  of  the  commodity,  equipment,  service or technology is
    13  necessary to respond to an emergency which endangers  public  health  or
    14  safety,  provided such authority shall within seven business days file a
    15  written report with the authority's budget office and the office of  the
    16  state  comptroller,  which  shall become part of the procurement record.
    17  The report shall contain the following information:
    18    (a) a description of the  emergency  that  prevented  compliance  with
    19  subdivisions one and two of this section;
    20    (b)  the  name of the commodity or technology, or a description of the
    21  service, its use and intensity of use;
    22    (c) a description of the steps being taken to safeguard public  health
    23  and safety during the emergency; and
    24    (d)  an  explanation  of  how  such an emergency can be avoided in the
    25  future.
    26    4. (a) Beginning one year after the effective date  of  this  section,
    27  all  state  authorities, when procuring commodities, equipment, services
    28  or technology, shall follow practices and develop solicitation  specifi-
    29  cations  that  meet  or exceed the minimum specifications established in
    30  subdivision one of this section. All  such  contracts  shall  include  a
    31  statement describing how such minimum specifications were met.
    32    (b)  In the event that a state authority receives no bids or proposals
    33  that meet the specifications developed pursuant to paragraph (a) of this
    34  subdivision, such agency or authority may withdraw the request for  bids
    35  or proposals and begin a new procurement with new specifications without
    36  such specifications and award a contract in accordance with other appli-
    37  cable statutes; provided, however that such authority shall document the
    38  reasons  why  such  procurement does not meet the minimum specifications
    39  established in subdivision one of this section, and submit such documen-
    40  tation for inclusion in the annual  report  required  pursuant  to  this
    41  title  and  to  the office of the state comptroller for inclusion in the
    42  procurement record,  provided  further  that  the  length  of  any  such
    43  contract  shall be limited to a period of two years. Prior to the termi-
    44  nation of the contract, the state authority shall issue  a  new  request
    45  for  bids  or  proposals  with  the specifications developed pursuant to
    46  paragraph (a) of this subdivision.
    47    5. (a) Nothing in this section shall be construed as requiring a state
    48  authority to procure a commodity, equipment, service or technology  that
    49  does not meet the form, function and utility required by such authority,
    50  or  as  requiring  a  state authority to procure a commodity, equipment,
    51  service or technology the cost of which exceeds the cost of an  alterna-
    52  tive available commodity  or service by more than ten percent.
    53    (b)  When determining and comparing costs, state agencies and authori-
    54  ties shall consider cost as defined in section one hundred sixty of  the
    55  state finance law.

        S. 5847                             7
     1    6.  Training  and  education. OGS, with the assistance of the DEC, the
     2  department of health, and the office of the  state  comptroller,  within
     3  twelve  months  of  the effective date of this section, shall design and
     4  begin implementation of a training program for senior managers and state
     5  authority  staff  involved in procurement to familiarize them with their
     6  responsibilities under this section  and ensure the effective and  effi-
     7  cient  implementation  of  the  provisions of this section. Such program
     8  shall provide for new employee training and ongoing training.
     9    § 2997. State authorities energy efficiency council. There  is  hereby
    10  established  within  DEC  a state authorities energy efficiency council.
    11  The commissioner of DEC shall determine the number of, and  appoint  the
    12  members to the council, provided that there shall be at least one repre-
    13  sentative  each  from  NYSERDA and OGS. The council shall be responsible
    14  for monitoring, overseeing and reporting on the actions taken  by  state
    15  authorities  to achieve the energy reduction targets required under this
    16  title, and shall have the following duties and responsibilities:
    17    1. Develop formats for the energy efficiency plan, solid waste manage-
    18  ment plan and progress reports, and establish the dates  for  submission
    19  of the plans and reports;
    20    2.  Assist  state  authorities  and  their coordinators to prepare the
    21  energy efficiency and waste management plans, to  implement  the  plans,
    22  and to meet the targets and goals set forth in this title;
    23    3. Approve the energy efficiency plan or waste management plan submit-
    24  ted by a state authority;
    25    4.  Evaluate  the  progress of state authorities in implementing their
    26  energy efficiency and waste management plans, and  meeting  the  targets
    27  and goals set forth in this title;
    28    5.  Compile  the  information  submitted  by  state authorities in the
    29  progress reports and report on the progress made  toward  achieving  the
    30  goals described in the efficiency plan;
    31    6.  Provide  technical  assistance  to  state authorities necessary to
    32  satisfy reporting requirements;
    33    7. Develop and maintain data management systems as  are  necessary  to
    34  document  energy  usage  in a manner consistent with, and in support of,
    35  the development and implementation of the energy efficiency targets  and
    36  goals;
    37    8. Prepare an annual report to the governor and the legislature pursu-
    38  ant to section twenty-nine hundred ninety-eight of this title.
    39    §  2998.  Reports. 1. Progress reports. (a) Each state authority shall
    40  prepare and submit to the council an annual progress report in a form or
    41  manner, containing such information or data, and on such date determined
    42  by the council. The report shall be certified as accurate  and  complete
    43  by the executive director of the state authority.
    44    (b) At a minimum, such report shall describe:
    45    (1)  the  state  authority's efforts regarding reduction in energy and
    46  water consumption; waste reduction and  recycling  activities;  recycled
    47  product procurement; quantities of material recycled;
    48    (2)  the progress made toward achieving the targets and goals mandated
    49  in this title;
    50    (3) the progress made toward increasing the use  of  renewable  energy
    51  sources; and
    52    (4)  barriers  to  achieving  progress towards meeting the targets and
    53  goals.
    54    2. Annual report. The council shall prepare and submit to the governor
    55  and the legislature an annual report, which shall contain the following:

        S. 5847                             8
     1    (a) a summary of the results from the progress  reports  submitted  by
     2  the state authorities;
     3    (b)  a  description  of  the overall progress by the state authorities
     4  towards  achieving  the  energy  consumption  and  water  use  reduction
     5  targets;
     6    (c)  a  description  of  the overall progress by the state authorities
     7  towards implementing their waste management plans;
     8    (d) a comparison of results of energy efficiency activities  taken  by
     9  the state authorities during prior years;
    10    (e)  identifying  those  state  authorities that have performed poorly
    11  towards achieving the efficiency targets and goals or implementing their
    12  waste management plan;
    13    (f) recommendations to improve or enhance the  energy  efficiency  and
    14  waste management efforts of state authorities.
    15    §  2999.  Assistance  from  other authorities. Upon the request of any
    16  state authority that is subject to the provisions of this title and that
    17  is located in its service areas, NYSERDA or OGS, whichever is  appropri-
    18  ate,  shall  provide  whatever  assistance  necessary  to help the state
    19  authority meet the energy efficiency targets and other goals established
    20  in this title. Such assistance shall include, but not be limited to:
    21    1. financing and developing programs to  increase  the  efficiency  of
    22  energy use and to facilitate the development of co-generation;
    23    2.  financing,  designing,  developing and providing energy efficiency
    24  and clean energy technology projects, programs and services;
    25    3.  financing,  designing,  developing  and  providing  programs   and
    26  services  related to renovation or retrofitting of buildings and facili-
    27  ties to address energy  efficiency,  energy  conservation,  the  use  of
    28  renewable energy and the reduction of air and other pollution.
    29    § 2. Severability. If any clause, sentence, paragraph, section or part
    30  of  this act shall be adjudged by any court of competent jurisdiction to
    31  be invalid, the judgment shall not affect,  impair,  or  invalidate  the
    32  remainder thereof, but shall be confined in its operation to the clause,
    33  sentence,  paragraph,  section  or part thereof directly involved in the
    34  controversy in which the judgment shall have been rendered.
    35    § 3. This act shall take effect immediately.
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