Bill S7366-2011

Establishes environmental standards for public authorities

Establishes environmental standards for public authorities.

Details

Actions

  • May 2, 2012: REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS

Memo

BILL NUMBER:S7366

TITLE OF BILL: An act to amend the public authorities law, in relation to establishing environmental standards for public authorities

PURPOSE: This bill would require state public authorities to meet certain energy conservation targets, prepare and implement energy conservation and waste management plans.

SUMMARY OF PROVISIONS: Section one of the bill adds a new title 13 to the public authorities law to impose energy conservation standards on a specific list of the larger state public authorities. The new title would, among other things:

1. establish energy conservation targets and timetables to be met by these state public authorities to reduce greenhouse gas emissions, overall energy consumption and water usage;

2. require these state public authorities to perform an energy assessment of their buildings and facilities;

3. require these state public authorities to prepare and implement an energy conservation plan and a solid waste management plan;

4. require these state public authorities to appoint an energy conservation coordinator to organize, coordinate, oversee and report on the energy conservation activities of the public authority;

5. require all new building and facilities built, owned or operated by state public authorities to comply with the State Green Building Construction Act;

6. require all purchases made by these state public authorities to be from lists and specifications promulgated by the state interagency council on sustainability and green procurement; and

7. Require DEC to establish a state authorities energy conservation council to approve plans submitted by the state public authorities, and to monitor and report on the actions taken by state authorities to meet the energy conservation targets and timetables.

Section two of this bill sets forth the severability clause.

Section three provides for an immediate effective date.

JUSTIFICATION: There is no disagreement or dispute over the importance and need to conserve energy and reduce our dependence on non-renewable energy sources. As stated in the Energy law, it is the policy of this state to encourage energy conservation and to provide the development and use of renewable energy sources.

There are currently over 300 state public authorities in this State, which own, lease, control or operate thousands of buildings and facilities throughout the state. Public authorities spend tens of millions of dollars every year to purchase and pay for energy and water usage. Yet, there is no single state agency responsible for studying and reviewing the energy consumed by the public authorities. No one agency knows the total number of buildings and facilities that are owned, leased, controlled or operated by the public authorities, the total number of square footage or how much energy is being consumed.

To both protect the environment and to reduce costs, it is vital to reduce energy consumption and produce cost savings in the operations of this state's public authorities. To achieve these goals, this bill will require public authorities to:

* benchmark their historic and current usage patterns;

* take an inventory of their energy conservation activities;

* identify and prioritize buildings and facilities of 10,000 square feet or more for energy efficiency upgrades;

* assess their energy and water usage, and develop and implement a plan to meet certain energy conservation targets and timetables;

* develop and implement a plan to manage waste disposal; and

* report op the progress of meeting the targets and timetables.

By setting clean energy targets and developing energy conservation practices, public authorities, with their presence in every part of this state, can also play an important role in the development and support of new and local green technologies, fostering innovation and benefiting the New York state economy.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: Minimal administrative cost associated with assessment and inventory analyses however these actions will result in long term savings due to operating efficiencies.

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 7366 IN SENATE May 2, 2012 ___________
Introduced by Sen. FUSCHILLO -- 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: Section 1. Article 9 of the public authorities law is amended by adding a new title 13 to read as follows: TITLE 13 ENERGY EFFICIENCY SECTION 2990. DEFINITIONS. 2991. APPLICABILITY. 2992. ENERGY TARGETS. 2993. ENERGY ASSESSMENTS AND EFFICIENCY PLAN. 2994. SOLID WASTE MANAGEMENT PLAN. 2995. SUSTAINABILITY COORDINATOR. 2996. NEW CONSTRUCTION, RENOVATIONS AND LEASES. 2997. PROCUREMENT. 2998. STATE AUTHORITIES ENERGY EFFICIENCY COUNCIL. 2999. REPORTS. 2999-A. ASSISTANCE FROM OTHER AUTHORITIES. S 2990. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE, THE FOLLOWING WORDS AND TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. "BUILDING OR FACILITY" MEANS A SINGLE BUILDING OR FACILITY OR A GROUP OF BUILDINGS OR STRUCTURES AT A SINGLE SITE THAT IS OWNED, LEASED, OPERATED OR FUNDED BY A STATE AUTHORITY THAT EXCEEDS TEN THOUSAND SQUARE FEET OF SPACE. FOR THE PURPOSES OF THIS TITLE, THE TERM "FACILITY" SHALL INCLUDE ANY HIGHWAY, PARKWAY OR PUBLIC ROAD OWNED, OPERATED OR MAINTAINED BY A STATE AUTHORITY. 2. "COGENERATION" MEANS THE SIMULTANEOUS GENERATION OF TWO DIFFERENT FORMS OF USEFUL ENERGY USING ONE SINGLE PRIMARY ENERGY SOURCE, SUCH AS, THE PRODUCTION OF ELECTRICITY USING WASTE ENERGY, SUCH AS STEAM; OR THE USE OF STEAM FROM ELECTRIC POWER GENERATION AS A SOURCE OF HEAT.
3. "COUNCIL" MEANS THE STATE AUTHORITIES ENERGY EFFICIENCY COUNCIL ESTABLISHED PURSUANT TO SECTION TWENTY-NINE HUNDRED NINETY-EIGHT OF THIS TITLE. 4. "DEC" MEANS THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION. 5. "DISTRIBUTED GENERATION" MEANS ELECTRICITY THAT IS GENERATED FROM SMALL ENERGY SOURCES THAT ARE LOCATED NEAR OR IN THE BUILDING OR FACILI- TY WHERE THE ELECTRICITY IS USED. DISTRIBUTED ENERGY RESOURCE SYSTEMS ARE SMALL-SCALE POWER GENERATION TECHNOLOGIES USED TO PROVIDE AN ALTER- NATIVE TO OR ENHANCEMENT OF THE TRADITIONAL ELECTRIC POWER SYSTEM, SUCH AS SOLAR PANELS OR SMALL WIND TURBINES. 6. "FUEL CELL" MEANS A DEVICE THAT PRODUCES ELECTRICITY DIRECTLY FROM HYDROGEN OR HYDROCARBON FUEL THROUGH A NON-COMBUSTIVE ELECTRO-CHEMICAL PROCESS. 7. "NYSERDA" MEANS THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY. 8. "OGS" MEANS THE OFFICE OF GENERAL SERVICES. 9. "RENEWABLE ENERGY" MEANS ENERGY PRODUCED FROM THE FOLLOWING SOURC- ES: SOLAR THERMAL, PHOTOVOLTAICS, WIND, HYDROELECTRIC, GEO-EXCHANGE, TIDAL/WAVE ENERGY AND HIGH-EFFICIENCY BIOMASS. 10. "STATE AUTHORITY" SHALL MEAN THE STATE AUTHORITIES LISTED IN SECTION TWENTY-NINE HUNDRED NINETY-ONE OF THIS TITLE. 11. "STATE INTERAGENCY COMMITTEE" MEANS THE STATE INTERAGENCY COMMIT- TEE ON SUSTAINABILITY AND GREEN PROCUREMENT ESTABLISHED PURSUANT TO EXECUTIVE ORDER NUMBER FOUR OF TWO THOUSAND EIGHT. S 2991. APPLICABILITY. 1. THE PROVISIONS OF THIS TITLE SHALL ONLY APPLY TO THE FOLLOWING STATE AUTHORITIES: BATTERY PARK CITY AUTHORITY CAPITAL DISTRICT TRANSPORTATION AUTHORITY CENTRAL NEW YORK REGIONAL TRANSPORTATION AUTHORITY DEVELOPMENT AUTHORITY OF THE NORTH COUNTRY DORMITORY AUTHORITY OF THE STATE OF NEW YORK LONG ISLAND POWER AUTHORITY METROPOLITAN TRANSPORTATION AUTHORITY NEW YORK CONVENTION CENTER OPERATING CORPORATION NEW YORK STATE BRIDGE AUTHORITY NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY NEW YORK STATE OLYMPIC REGIONAL DEVELOPMENT AUTHORITY NEW YORK STATE THRUWAY AUTHORITY NIAGARA FRONTIER TRANSPORTATION AUTHORITY NORTH COUNTRY POWER AUTHORITY OGDENSBURG BRIDGE AND PORT AUTHORITY PORT OF OSWEGO AUTHORITY POWER AUTHORITY OF THE STATE OF NEW YORK ROCHESTER-GENESEE REGIONAL TRANSPORTATION AUTHORITY 2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION, THE PROVISIONS OF THIS TITLE SHALL NOT APPLY TO A BUILDING OR FACILITY OWNED, LEASED OR OPERATED BY A STATE AUTHORITY ESTABLISHED PURSUANT TO TITLES ONE AND ONE-A, AS ADDED BY CHAPTER FIVE HUNDRED SEVENTEEN OF THE LAWS OF NINETEEN HUNDRED EIGHTY-SIX, OF ARTICLE FIVE OF THIS CHAPTER, WHICH BUILDING OR FACILITY OR VEHICLE OR VEHICLE FLEET IS USED PRIMARILY TO PRODUCE, GENERATE, TRANSMIT OR STORE ENERGY AND POWER. S 2992. ENERGY TARGETS. 1. ALL BUILDINGS OR FACILITIES OR VEHICLES OR VEHICLE FLEETS OWNED, LEASED, UNDER WHICH THE STATE AUTHORITY PAYS DIRECTLY FOR ENERGY, OR OPERATED BY A STATE AUTHORITY SHALL MEET THE FOLLOWING TARGETS AND TIMETABLE TO ACHIEVE REDUCTIONS IN GREENHOUSE GAS EMISSIONS, ENERGY AND WATER CONSUMPTION:
(A) REDUCE GREENHOUSE GAS EMISSIONS THAT RESULT FROM STATE AUTHORITY OPERATIONS FROM THE ESTABLISHED BASELINE MEASUREMENTS BY FIFTEEN PERCENT BY THE YEAR TWO THOUSAND SEVENTEEN, TWENTY-FIVE PERCENT BY THE YEAR TWO THOUSAND TWENTY-TWO AND FIFTY PERCENT BY THE YEAR TWO THOUSAND TWENTY-SEVEN. EMISSION REDUCTIONS SHALL BE MEASURED ON AN ABSOLUTE BASIS AND NOT ADJUSTED FOR FACILITY EXPANSION, LOAD GROWTH OR WEATHER; (B) REDUCE OVERALL ENERGY CONSUMPTION AT BUILDINGS OR FACILITIES OR VEHICLES OR VEHICLE FLEETS OWNED OR LEASED, UNDER WHICH THE STATE AUTHORITY PAYS DIRECTLY FOR ENERGY, BY THE STATE AUTHORITY FROM THE ESTABLISHED BASELINE MEASUREMENTS BY FIFTEEN PERCENT BY THE YEAR TWO THOUSAND SEVENTEEN, TWENTY-FIVE PERCENT BY THE YEAR TWO THOUSAND TWEN- TY-TWO AND FIFTY PERCENT BY THE YEAR TWO THOUSAND TWENTY-SEVEN; (C) REDUCE POTABLE WATER USE FROM THE ESTABLISHED BASELINE MEASUREMENT BY TEN PERCENT BY THE YEAR TWO THOUSAND SEVENTEEN, TWENTY PERCENT BY THE YEAR TWO THOUSAND TWENTY-TWO AND THIRTY PERCENT BY THE YEAR TWO THOUSAND TWENTY-SEVEN; AND (D) OBTAIN BY GENERATION OR PROCUREMENT FIFTEEN PERCENT OF ANNUAL ELECTRICITY CONSUMPTION FROM RENEWABLE SOURCES AND/OR FROM DISTRIBUTED GENERATION OR COGENERATION BY THE YEAR TWO THOUSAND SEVENTEEN, TWENTY-FIVE PERCENT BY THE YEAR TWO THOUSAND TWENTY-TWO AND FIFTY PERCENT BY THE YEAR TWO THOUSAND TWENTY-SEVEN. 2. EACH STATE AUTHORITY THAT OWNS, LEASES OR OPERATES A BUILDING OR FACILITY OR VEHICLE OR VEHICLE FLEET SHALL ESTABLISH A BASELINE MEASURE- MENT OF GREENHOUSE GAS EMISSIONS, ELECTRICITY AND WATER CONSUMPTION LEVELS FOR THE PERIOD BEGINNING JANUARY FIRST, TWO THOUSAND NINE AND ENDING DECEMBER THIRTY-FIRST, TWO THOUSAND TEN FOR SUCH BUILDING OR FACILITY OR VEHICLE OR VEHICLE FLEET. THE BASELINE MEASUREMENT SHALL BE THE AVERAGE OF THE TWO YEAR PERIOD. 3. THE COMMITTEE IS AUTHORIZED, UPON THE APPLICATION OF A STATE AUTHORITY, TO REDUCE OR DECREASE ONE OR MORE EFFICIENCY TARGETS REQUIRED UNDER THIS SECTION IF THE STATE AUTHORITY CAN DEMONSTRATE TO THE SATIS- FACTION OF THE COMMITTEE THAT IT HAS ACHIEVED SUBSTANTIALLY THE OVERALL TARGET OR GOAL PRIOR TO THE FINAL TARGET YEAR. FOR THE PURPOSES OF THIS SUBDIVISION, SUBSTANTIAL ACHIEVEMENT SHALL MEAN MEETING NINETY PERCENT OR MORE OF THE TARGET OR GOAL. S 2993. ENERGY ASSESSMENTS AND EFFICIENCY PLAN. 1. ENERGY ASSESSMENTS. (A) A STATE AUTHORITY THAT OWNS, LEASES OR OPERATES A BUILDING OR FACIL- ITY SHALL CONDUCT AN ANNUAL ONSITE ASSESSMENT AND EVALUATION OF ENERGY AND WATER CONSUMPTION AND EXPENSES OF SUCH BUILDING OR FACILITY. THE ASSESSMENT SHALL INCLUDE THE FOLLOWING INFORMATION: (1) THE TOTAL NUMBER OF BUILDINGS AND FACILITIES OWNED, LEASED OR OPERATED BY THE STATE AUTHORITY AND THE TOTAL SQUARE FOOTAGE FOR SUCH BUILDINGS AND FACILITIES; (2) THE TOTAL ANNUAL ENERGY CONSUMPTION, LISTED BY ENERGY SOURCE, FOR EACH BUILDING OR FACILITY; (3) THE TOTAL ANNUAL ENERGY COST CALCULATED PER SQUARE FOOT, AND LIST- ED BY ENERGY SOURCE, FOR EACH BUILDING OR FACILITY; (4) THE TOTAL ANNUAL WATER CONSUMPTION FOR EACH BUILDING OR FACILITY; (5) THE TOTAL ANNUAL COST FOR FUEL USED BY AUTHORITY-OWNED VEHICLES, LISTED BY FUEL TYPE AND THE AVERAGE MILEAGE EFFICIENCY OF VEHICLES BY VEHICLE CLASS OWNED OR LEASED BY THE STATE AUTHORITY; AND (6) A BREAKDOWN BY PERCENTAGE OF THE TOTAL RENEWABLE ENERGY USED BY EACH BUILDING OR FACILITY. (B) IN DEVELOPING THIS ASSESSMENT, THE STATE AUTHORITY MAY SEEK THE ADVICE AND ASSISTANCE OF OTHER STATE AGENCIES AND ENTITIES, SUCH AS DEC, NYSERDA OR OGS.
2. ENERGY EFFICIENCY PLAN. (A) BASED ON THE INITIAL ASSESSMENT CONDUCTED PURSUANT TO SUBDIVISION ONE OF THIS SECTION, EACH STATE AUTHORITY SHALL DEVELOP AND SUBMIT TO THE COUNCIL FOR ITS APPROVAL AN ENERGY EFFICIENCY PLAN TO MEET THE TARGETS, GOALS AND TIMETABLE ESTAB- LISHED PURSUANT TO SUBDIVISION ONE OF SECTION TWENTY-NINE HUNDRED NINE- TY-TWO OF THIS TITLE. (B) THE PLAN SHALL DESCRIBE SPECIFIC MEASURES TO BE TAKEN TO REDUCE THE STATE AUTHORITY'S GREENHOUSE GAS EMISSIONS, ENERGY AND WATER CONSUMPTION IN ACCORDANCE WITH SUCH TARGETS AND GOALS. THE PLAN SHALL ALSO DESCRIBE ANY POLICIES ADOPTED, AND PROJECTS PURSUED, BY THE STATE AUTHORITY TO INCREASE THE USE OF RENEWABLE ENERGY SOURCES AND OTHER ALTERNATIVE SOURCES, SUCH AS DISTRIBUTIVE GENERATION AND COGENERATION. (C) THE COUNCIL SHALL APPROVE THE PLAN IF THE PLAN: (1) PROVIDES A DETAILED AND COMPREHENSIVE PLAN FOR ACHIEVING THE TARGETS AND GOALS SET FORTH IN SECTION TWENTY-NINE HUNDRED NINETY-TWO OF THIS TITLE; AND (2) CAN BE IMPLEMENTED IN A COST-EFFECTIVE MANNER. (D) THE PLAN SHALL BE AMENDED TO REFLECT ANY CHANGES OR UPDATES REPORTED IN THE ANNUAL ASSESSMENT PURSUANT TO SUBDIVISION ONE OF THIS SECTION. (E) WITH RESPECT TO BUILDINGS AND FACILITIES THAT CONTAIN LESS THAN TEN THOUSAND SQUARE FEET IN SPACE, A STATE AUTHORITY IS ENCOURAGED TO ASSESS, DEVELOP AND IMPLEMENT EFFICIENCY AND WASTE MANAGEMENT PLANS CONSISTENT WITH THE TARGETS, GOALS AND TIMETABLES REQUIRED PURSUANT TO THIS TITLE. S 2994. SOLID WASTE MANAGEMENT PLAN. 1. FOR PURPOSES OF THIS SECTION, "SOLID WASTE" SHALL HAVE THE SAME MEANING AS IS FOUND IN SUBDIVISION ONE OF SECTION 27-0701 OF THE ENVIRONMENTAL CONSERVATION LAW, BUT SHALL NOT INCLUDE SOURCE, SPECIAL NUCLEAR OR BY-PRODUCT MATERIAL AS DEFINED IN THE ATOMIC ENERGY ACT OF 1954, AS AMENDED, OR HAZARDOUS WASTE WHICH APPEARS ON THE LIST OR SATISFIES THE CHARACTERISTICS OF HAZARDOUS WASTE PROMUL- GATED PURSUANT TO SECTION 27-0903 OF THE ENVIRONMENTAL CONSERVATION LAW, OR LOW LEVEL RADIOACTIVE WASTE AS DEFINED IN SECTION 29-0101 OF THE ENVIRONMENTAL CONSERVATION LAW. 2. (A) ALL STATE AUTHORITIES SHALL PREPARE AND SUBMIT TO THE COMMITTEE FOR ITS REVIEW AND APPROVAL A SOLID WASTE MANAGEMENT PLAN FOR SUCH AUTHORITY FOR AT LEAST A TEN-YEAR PERIOD. (B) THE SOLID WASTE MANAGEMENT PLAN, WHICH SHALL BE IN A FORM DEVEL- OPED BY THE COMMITTEE, SHALL, AT A MINIMUM: (1) IDENTIFY, DESCRIBE AND CHARACTERIZE THE SOLID WASTE STREAM TO BE MANAGED IN THE PLANNING PERIOD; (2) ASSESS EXISTING AND ALTERNATE PROPOSED SOLID WASTE MANAGEMENT PROGRAMS AND FACILITIES; (3) IDENTIFY THE PARTIES WITH RESPONSIBILITY TO IMPLEMENT EACH ELEMENT OF THE PLAN AND THE STEPS WHICH MUST BE UNDERTAKEN BY EACH; AND (4) SET FORTH A TIMETABLE FOR IMPLEMENTING THE PLAN, INCLUDING ESTAB- LISHING ANNUAL GOALS. (C) SUCH PLAN SHALL STRIVE TO ACHIEVE THE OBJECTIVES OF THE STATE SOLID WASTE MANAGEMENT POLICY SET FORTH IN SECTION 27-0106 OF THE ENVI- RONMENTAL CONSERVATION LAW, PROVIDE FOR OR TAKE INTO ACCOUNT MANAGEMENT OF ALL SOLID WASTE WITHIN THE PLANNING UNIT, AND EMBODY, AS MAY BE APPROPRIATE TO THE CIRCUMSTANCES, SOUND PRINCIPLES OF SOLID WASTE MANAGEMENT, NATURAL RESOURCES CONSERVATION, ENERGY PRODUCTION, AND EMPLOYMENT CREATING OPPORTUNITIES. (D) THE COMMITTEE SHALL APPROVE A PLAN IF THE PLAN CONTAINS THE ELEMENTS SET FORTH IN PARAGRAPH (B) OF THIS SUBDIVISION. THEREAFTER SUCH
PLAN SHALL BECOME THE SOLID WASTE MANAGEMENT PLAN IN EFFECT FOR SUCH AUTHORITY. IF THE PLAN AS SUBMITTED DOES NOT CONTAIN THE ELEMENTS SET FORTH IN PARAGRAPH (B) OF THIS SUBDIVISION, THE COMMITTEE SHALL STATE THE REASONS FOR ITS DETERMINATION AND REQUIRE THE STATE AUTHORITY TO RE-SUBMIT AN AMENDED PLAN FOR APPROVAL. S 2995. SUSTAINABILITY COORDINATOR. 1. EACH STATE AUTHORITY SHALL APPOINT A SUSTAINABILITY COORDINATOR TO ORGANIZE, COORDINATE, OVERSEE AND REPORT ON THE ENERGY EFFICIENCY AND WASTE MANAGEMENT ACTIVITIES OF THE STATE AUTHORITY. THE COORDINATOR SHALL, AMONG OTHER DUTIES AND RESPONSIBILITIES: (A) PREPARE THE ENERGY EFFICIENCY AND SOLID WASTE MANAGEMENT PLANS; (B) ORGANIZE, COORDINATE AND OVERSEE THE IMPLEMENTATION OF THE EFFI- CIENCY ACTIVITIES CONTAINED IN THE EFFICIENCY PLAN; (C) ORGANIZE, COORDINATE AND OVERSEE THE IMPLEMENTATION OF THE SOLID WASTE MANAGEMENT PLAN; (D) SUBMIT THE PROGRESS REPORTS REQUIRED PURSUANT TO SECTION TWENTY-NINE HUNDRED NINETY-NINE OF THIS TITLE; AND (E) DISSEMINATE ALL APPLICABLE INFORMATION TO AUTHORITY STAFF, AND TRACKING AND REPORTING ALL REQUESTED ENERGY CONSUMPTION OR WASTE MANAGE- MENT DATA. 2. THE DEC AND NYSERDA SHALL DEVELOP AND CONDUCT A TRAINING PROGRAM FOR THE SUSTAINABILITY COORDINATORS AND ASSIST THEM WITH THE TRAINING OF APPROPRIATE STAFF, VENDORS AND CONTRACTORS. S 2996. NEW CONSTRUCTION, RENOVATIONS AND LEASES. 1. (A) THE DESIGN AND CONSTRUCTION OF ANY NEW BUILDINGS OR FACILITY, OR THE SUBSTANTIAL RENOVATION OF AN EXISTING BUILDING OR FACILITY, BY A STATE AUTHORITY SHALL COMPLY WITH THE STANDARDS AND REGULATIONS PROMULGATED BY OGS PURSUANT TO ARTICLE FOUR-C OF THE PUBLIC BUILDINGS LAW. THIS SUBDIVISION SHALL ALSO APPLY TO A BUILDING OR FACILITY, FIFTY PERCENT OR MORE OF THE FUNDING FOR THE PURCHASE, LEASE, DESIGN, CONSTRUCTION OR SUBSTANTIAL RENOVATION THEREOF IS FUNDED DIRECTLY OR INDIRECTLY BY A STATE AUTHORI- TY. (B) FOR THE PURPOSES OF THIS SECTION, THE TERM "SUBSTANTIAL RENO- VATION" SHALL MEAN: A CAPITAL PROJECT IN WHICH THE SCOPE OF WORK INVOLVES AT LEAST TWO OF THE FOLLOWING PRIMARY BUILDING SYSTEMS: ELEC- TRICAL, PLUMBING, BOILER, ELEVATOR, HVAC, ROOF REPLACEMENT, WINDOW REPLACEMENT, LIGHTING OR EXTERNAL MASONRY, PAINTING AND PLASTERING; AND THE BUILDING AREA IN WHICH THE CONSTRUCTION IS PERFORMED WILL BE UNOCCU- PIED DUE TO THE NATURE OF THE CONSTRUCTION FOR THIRTY DAYS OR MORE. 2. ANY LEASES ENTERED INTO BY A STATE AUTHORITY, INCLUDING THE RENEGO- TIATION OR EXTENSION OF EXISTING LEASES, SHALL: (A) INCORPORATE LEASE PROVISIONS THAT ENCOURAGE ENERGY AND WATER EFFI- CIENCY WHEREVER LIFE-CYCLE COST-EFFECTIVE. BUILD-TO-SUIT LEASE SOLICITA- TIONS SHALL CONTAIN CRITERIA ENCOURAGING SUSTAINABLE DESIGN AND DEVELOP- MENT, ENERGY EFFICIENCY, AND VERIFICATION OF FACILITY PERFORMANCE; (B) INCLUDE A PREFERENCE FOR FACILITIES HAVING THE ENERGY STAR BUILD- ING LABEL IN THEIR SELECTION CRITERIA FOR ACQUIRING LEASED FACILITIES; AND (C) ENCOURAGE LESSORS TO APPLY FOR AN ENERGY STAR BUILDING LABEL AND TO EXPLORE AND IMPLEMENT PROJECTS THAT WILL REDUCE COSTS, INCLUDING PROJECTS CARRIED OUT THROUGH THE LESSORS' ENERGY-SAVINGS CONTRACTS. S 2997. PROCUREMENT. 1. PROCUREMENT FROM SPECIFICATION LIST. (A) ALL PURCHASES OF COMMODITY, EQUIPMENT, SERVICES AND TECHNOLOGIES MADE BY A STATE AUTHORITY SHALL BE PURSUANT TO PROCUREMENT LISTS AND SPECIFICA- TIONS PROMULGATED BY THE STATE INTERAGENY COMMITTEE.
(B) IN ADDITION, ALL STATE AUTHORITIES SHALL PROCURE COMMODITIES, EQUIPMENT, SERVICES AND TECHNOLOGIES THAT MEET OR EXCEED THE FOLLOWING MINIMUM SPECIFICATIONS: (1) RECYCLED CONTENT. ALL COPY PAPER AND OTHER PAPER SUPPLIES FOR WHICH THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY HAS DEVELOPED RECYCLED CONTENT RECOMMENDATIONS PURSUANT TO SECTION SIX THOUSAND TWO OF THE FEDERAL RESOURCE CONSERVATION AND RECOVERY ACT SHALL BE REQUIRED TO MET OR EXCEED THE STATE AUTHORITY'S MINIMUM POST-CONSUMER MATERIAL CONTENT PERCENTAGES RECOMMENDED IN THE MOST RECENT RECOVERED MATERIALS ADVISORY NOTICE ISSUED FOR SUCH COMMODITY IN THE FEDERAL REGISTER; PROVIDED, HOWEVER, THAT XEROGRAPHIC PAPER SHALL CONTAIN NO LESS THAN THIRTY PERCENT POST-CONSUMER RECYCLED CONTENT. ALL COPY AND JANITORIAL PAPER SHALL BE PROCESSED CHLORINE-FREE TO THE EXTENT PRACTICABLE. ALL STATE AUTHORITIES SHALL PRINT PUBLICATIONS ON RECYCLED PAPER, AND MINI- MUM PERCENTAGES SHALL BE MET UNLESS COSTS FOR SUCH PAPER EXCEED THE COST OF OTHER AVAILABLE COMMODITIES BY MORE THAN TEN PERCENT. (2) WASTE REDUCTION. STATE AUTHORITIES SHALL SEEK TO REDUCE WASTE IN PRODUCTS AND PACKAGING, INCLUDING THE FORMULATION OF POLICIES TO PROMOTE THE USE OF DOUBLE-SIDED COPYING AND PRINTING TO THE GREATEST EXTENT PRACTICABLE. STATE AUTHORITIES SHALL FAVOR DURABILITY, REPAIRABILITY AND REUSE WHEN PURCHASING SUPPLIES. 2. IF A COMMODITY OR EQUIPMENT IS NOT ON A PROCUREMENT LIST, THE STATE AUTHORITY SHALL SELECT ENERGY STAR AND ENERGY-EFFICIENT PRODUCTS WHEN ACQUIRING ENERGY-USING PRODUCTS OR EQUIPMENT. FOR PRODUCTS OR EQUIPMENT FOR WHICH ENERGY STAR LABELS ARE NOT YET AVAILABLE, THE STATE AUTHORITY SHALL FOLLOW THE GUIDELINES ADOPTED BY NYSERDA THAT DESIGNATE TARGET ENERGY EFFICIENCY LEVELS FOR SUCH PRODUCT OR EQUIPMENT. 3. A STATE AUTHORITY MAY PROCURE A COMMODITY, EQUIPMENT, SERVICE OR TECHNOLOGY THROUGH A PROCESS THAT DOES NOT COMPLY WITH THIS SECTION WHEN THE PURCHASE OF THE COMMODITY, EQUIPMENT, SERVICE OR TECHNOLOGY IS NECESSARY TO RESPOND TO AN EMERGENCY WHICH ENDANGERS PUBLIC HEALTH OR SAFETY, PROVIDED SUCH AUTHORITY SHALL WITHIN SEVEN BUSINESS DAYS FILE A WRITTEN REPORT WITH THE AUTHORITY'S BUDGET OFFICE AND THE OFFICE OF THE STATE COMPTROLLER, WHICH SHALL BECOME PART OF THE PROCUREMENT RECORD. THE REPORT SHALL CONTAIN THE FOLLOWING INFORMATION: (A) A DESCRIPTION OF THE EMERGENCY THAT PREVENTED COMPLIANCE WITH SUBDIVISIONS ONE AND TWO OF THIS SECTION; (B) THE NAME OF THE COMMODITY OR TECHNOLOGY, OR A DESCRIPTION OF THE SERVICE, ITS USE AND INTENSITY OF USE; (C) A DESCRIPTION OF THE STEPS BEING TAKEN TO SAFEGUARD PUBLIC HEALTH AND SAFETY DURING THE EMERGENCY; AND (D) AN EXPLANATION OF HOW SUCH AN EMERGENCY CAN BE AVOIDED IN THE FUTURE. 4. (A) BEGINNING ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, ALL STATE AUTHORITIES, WHEN PROCURING COMMODITIES, EQUIPMENT, SERVICES OR TECHNOLOGY SHALL FOLLOW PRACTICES AND DEVELOP SOLICITATION SPECIFICA- TIONS THAT MEET OR EXCEED THE MINIMUM SPECIFICATIONS ESTABLISHED IN SUBDIVISION ONE OF THIS SECTION. ALL SUCH CONTRACTS SHALL INCLUDE A STATEMENT DESCRIBING HOW SUCH MINIMUM SPECIFICATIONS WERE MET. (B) IN THE EVENT THAT A STATE AUTHORITY RECEIVES NO BIDS OR PROPOSALS THAT MEET THE SPECIFICATIONS DEVELOPED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, SUCH AGENCY OR AUTHORITY MAY WITHDRAW THE REQUEST FOR BIDS OR PROPOSALS AND BEGIN A NEW PROCUREMENT WITH NEW SPECIFICATIONS WITHOUT SUCH SPECIFICATIONS AND AWARD A CONTRACT IN ACCORDANCE WITH OTHER APPLI- CABLE STATUTES; PROVIDED, HOWEVER THAT SUCH AUTHORITY SHALL DOCUMENT THE REASONS WHY SUCH PROCUREMENT DOES NOT MEET THE MINIMUM SPECIFICATIONS
ESTABLISHED IN SUBDIVISION ONE OF THIS SECTION, AND SUBMIT SUCH DOCUMEN- TATION FOR INCLUSION IN THE ANNUAL REPORT REQUIRED PURSUANT TO THIS TITLE AND TO THE OFFICE OF THE STATE COMPTROLLER FOR INCLUSION IN THE PROCUREMENT RECORD. 5. (A) NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REQUIRING A STATE AUTHORITY TO PROCURE A COMMODITY, EQUIPMENT, SERVICE OR TECHNOLOGY THAT DOES NOT MEET THE FORM, FUNCTION AND UTILITY REQUIRED BY SUCH AUTHORITY, OR AS REQUIRING A STATE AUTHORITY TO PROCURE A COMMODITY, EQUIPMENT, SERVICE OR TECHNOLOGY THE COST OF WHICH EXCEEDS THE COST OF AN ALTERNA- TIVE AVAILABLE COMMODITY OR SERVICE BY MORE THAN TEN PERCENT. (B) WHEN DETERMINING AND COMPARING COSTS, STATE AGENCIES AND AUTHORI- TIES SHALL CONSIDER COST AS DEFINED IN SECTION ONE HUNDRED SIXTY OF THE STATE FINANCE LAW. 6. TRAINING AND EDUCATION. OGS, WITH THE ASSISTANCE OF THE DEC, THE DEPARTMENT OF HEALTH, AND THE OFFICE OF THE STATE COMPTROLLER, WITHIN TWELVE MONTHS OF THE EFFECTIVE DATE OF THIS SECTION, SHALL DESIGN AND BEGIN IMPLEMENTATION OF A TRAINING PROGRAM FOR SENIOR MANAGERS AND STATE AUTHORITY STAFF INVOLVED IN PROCUREMENT TO FAMILIARIZE THEM WITH THEIR RESPONSIBILITIES UNDER THIS SECTION AND ENSURE THE EFFECTIVE AND EFFI- CIENT IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION. SUCH PROGRAM SHALL PROVIDE FOR NEW EMPLOYEE TRAINING AND ONGOING TRAINING. S 2998. STATE AUTHORITIES ENERGY EFFICIENCY COUNCIL. THERE IS HEREBY ESTABLISHED WITHIN DEC A STATE AUTHORITIES ENERGY EFFICIENCY COUNCIL. THE COMMISSIONER OF DEC SHALL DETERMINE THE NUMBER OF, AND APPOINT THE MEMBERS TO THE COUNCIL, PROVIDED THAT THERE SHALL BE AT LEAST ONE REPRE- SENTATIVE EACH FROM NYSERDA AND OGS. THE COUNCIL SHALL BE RESPONSIBLE FOR MONITORING, OVERSEEING AND REPORTING ON THE ACTIONS TAKEN BY STATE AUTHORITIES TO ACHIEVE THE ENERGY REDUCTION TARGETS REQUIRED UNDER THIS TITLE, AND SHALL HAVE THE FOLLOWING DUTIES AND RESPONSIBILITIES: 1. DEVELOP FORMATS FOR THE ENERGY EFFICIENCY PLAN, SOLID WASTE MANAGE- MENT PLAN AND PROGRESS REPORTS, AND ESTABLISH THE DATES FOR SUBMISSION OF THE PLANS AND REPORTS; 2. ASSIST STATE AUTHORITIES AND THEIR COORDINATORS TO PREPARE THE ENERGY EFFICIENCY AND WASTE MANAGEMENT PLANS, TO IMPLEMENT THE PLANS, AND TO MEET THE TARGETS AND GOALS SET FORTH IN THIS TITLE; 3. APPROVE THE ENERGY EFFICIENCY PLAN OR WASTE MANAGEMENT PLAN SUBMIT- TED BY A STATE AUTHORITY; 4. EVALUATE THE PROGRESS OF STATE AUTHORITIES IN IMPLEMENTING THEIR ENERGY EFFICIENCY AND WASTE MANAGEMENT PLANS, AND MEETING THE TARGETS AND GOALS SET FORTH IN THIS TITLE; 5. COMPILE THE INFORMATION SUBMITTED BY STATE AUTHORITIES IN THE PROGRESS REPORTS AND REPORT ON THE PROGRESS MADE TOWARD ACHIEVING THE GOALS DESCRIBED IN THE EFFICIENCY PLAN; 6. PROVIDE TECHNICAL ASSISTANCE TO STATE AUTHORITIES NECESSARY TO SATISFY REPORTING REQUIREMENTS; 7. DEVELOP AND MAINTAIN DATA MANAGEMENT SYSTEMS AS ARE NECESSARY TO DOCUMENT ENERGY USAGE IN A MANNER CONSISTENT WITH, AND IN SUPPORT OF, THE DEVELOPMENT AND IMPLEMENTATION OF THE ENERGY EFFICIENCY TARGETS AND GOALS; 8. PREPARE AN ANNUAL REPORT TO THE GOVERNOR AND THE LEGISLATURE PURSU- ANT TO SECTION TWENTY-NINE HUNDRED NINETY-NINE OF THIS TITLE. S 2999. REPORTS. 1. PROGRESS REPORTS. (A) THE SUSTAINABILITY COORDINA- TOR OF EACH STATE AUTHORITY SHALL PREPARE AND SUBMIT TO THE COUNCIL AN ANNUAL PROGRESS REPORT IN A FORM OR MANNER, CONTAINING SUCH INFORMATION OR DATA, AND ON SUCH DATE DETERMINED BY THE COUNCIL. THE REPORT SHALL BE
CERTIFIED AS ACCURATE AND COMPLETE BY THE EXECUTIVE DIRECTOR OF THE STATE AUTHORITY. (B) AT A MINIMUM, SUCH REPORT SHALL DESCRIBE: (1) THE STATE AUTHORITY'S EFFORTS REGARDING REDUCTION IN ENERGY AND WATER CONSUMPTION; WASTE REDUCTION AND RECYCLING ACTIVITIES; RECYCLED PRODUCT PROCUREMENT; QUANTITIES OF MATERIAL RECYCLED; (2) THE PROGRESS MADE TOWARD ACHIEVING THE TARGET AND GOALS MANDATED IN THIS TITLE; (3) THE PROGRESS MADE TOWARD INCREASING THE USE OF RENEWABLE ENERGY SOURCES; AND (4) BARRIERS TO ACHIEVING PROGRESS TOWARDS MEETING THE TARGETS AND GOALS. (C) THE COUNCIL, INSTEAD OF DEVELOPING ITS OWN PROGRESS REPORT, MAY DETERMINE TO ALLOW A STATE AUTHORITY TO USE THE PROGRESS REPORT DEVEL- OPED BY THE STATE INTERAGENCY COMMITTEE PURSUANT TO EXECUTIVE ORDER NUMBER FOUR OF TWO THOUSAND EIGHT, PROVIDED THAT THE INFORMATION REQUIRED IN THE PROGRESS REPORT DEVELOPED BY SUCH COMMITTEE IS CONSIST- ENT WITH THE INFORMATION REQUIRED UNDER THIS SECTION. 2. ANNUAL REPORT. THE COUNCIL SHALL PREPARE AND SUBMIT TO THE GOVERNOR AND THE LEGISLATURE AN ANNUAL REPORT, WHICH SHALL CONTAIN THE FOLLOWING: (A) A SUMMARY OF THE RESULTS FROM THE PROGRESS REPORTS SUBMITTED BY THE STATE AUTHORITIES; (B) A DESCRIPTION OF THE OVERALL PROGRESS BY THE STATE AUTHORITIES TOWARDS ACHIEVING THE ENERGY CONSUMPTION AND WATER USE REDUCTION TARGETS; (C) A DESCRIPTION OF THE OVERALL PROGRESS BY THE STATE AUTHORITIES TOWARDS IMPLEMENTING THEIR WASTE MANAGEMENT PLANS; (D) A COMPARISON OF RESULTS OF ENERGY EFFICIENCY ACTIVITIES TAKEN BY THE STATE AUTHORITIES DURING PRIOR YEARS; (E) IDENTIFYING THOSE STATE AUTHORITIES THAT HAVE PERFORMED POORLY TOWARDS ACHIEVING THE EFFICIENCY TARGETS AND GOALS OR IMPLEMENTING THEIR WASTE MANAGEMENT PLAN; (F) RECOMMENDATIONS TO IMPROVE OR ENHANCE THE ENERGY EFFICIENCY AND WASTE MANAGEMENT EFFORTS OF STATE AUTHORITIES. S 2999-A. ASSISTANCE FROM OTHER AUTHORITIES. UPON THE REQUEST OF ANY STATE AUTHORITY THAT IS SUBJECT TO THE PROVISIONS OF THIS TITLE AND THAT IS LOCATED IN ITS SERVICE AREAS, THE POWER AUTHORITY OF THE STATE OF NEW YORK OR THE LONG ISLAND POWER AUTHORITY, WHICHEVER IS APPROPRIATE, SHALL PROVIDE WHATEVER ASSISTANCE NECESSARY TO HELP THE STATE AUTHORITY MEET THE ENERGY EFFICIENCY TARGETS AND OTHER GOALS ESTABLISHED IN THIS TITLE. SUCH ASSISTANCE SHALL INCLUDE, BUT NOT BE LIMITED TO: 1. FINANCING AND DEVELOPING PROGRAMS TO INCREASE THE EFFICIENCY OF ENERGY USE AND TO FACILITATE THE DEVELOPMENT OF CO-GENERATION; 2. FINANCING, DESIGNING, DEVELOPING AND PROVIDING ENERGY EFFICIENCY AND CLEAN ENERGY TECHNOLOGY PROJECTS, PROGRAMS AND SERVICES; 3. FINANCING, DESIGNING, DEVELOPING AND PROVIDING PROGRAMS AND SERVICES RELATED TO RENOVATION OR RETROFITTING OF BUILDINGS AND FACILI- TIES TO ADDRESS ENERGY EFFICIENCY, ENERGY CONSERVATION, THE USE OF RENEWABLE ENERGY AND THE REDUCTION OF AIR AND OTHER POLLUTION. S 2. Severability. If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which the judgment shall have been rendered. S 3. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus