Bill Text: NY A01196 | 2019-2020 | General Assembly | Introduced


Bill Title: Establishes environmental standards for the Port Authority of New York and New Jersey.

Spectrum: Strong Partisan Bill (Democrat 10-1)

Status: (Introduced) 2019-01-14 - referred to corporations, authorities and commissions [A01196 Detail]

Download: New_York-2019-A01196-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1196
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 14, 2019
                                       ___________
        Introduced  by M. of A. PAULIN, DINOWITZ, DE LA ROSA, SEAWRIGHT, ABBATE,
          D'URSO, ORTIZ, BARRON, NIOU -- Multi-Sponsored by -- M.  of  A.  COOK,
          CROUCH  --  read  once  and referred to the Committee on Corporations,
          Authorities and Commissions
        AN ACT to amend chapter 154 of the laws of 1921, relating  to  the  Port
          Authority  of  New  York  and  New Jersey, in relation to establishing
          environmental standards for the Port Authority of  New  York  and  New
          Jersey
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Chapter 154 of the laws  of  1921,  relating  to  the  Port
     2  Authority of New York and New Jersey, is amended by adding a new article
     3  X-A to read as follows:
     4                                  ARTICLE X-A
     5    §  1.    Definitions.  For the purposes of this article, the following
     6  words and terms shall have the following meanings:
     7    1. "Building or facility" means a single building  or  facility  or  a
     8  group of buildings or structures at a single site that is owned, leased,
     9  operated or funded by the Port Authority of New York and New Jersey that
    10  exceeds  ten  thousand  square  feet  of space. For the purposes of this
    11  title, the term "facility" shall include any highway, parkway or  public
    12  road owned, operated or maintained by the Port Authority of New York and
    13  New Jersey.
    14    2.  "Cogeneration"  means the simultaneous generation of two different
    15  forms of useful energy using one single primary energy source,  such  as
    16  the  production of electricity using waste energy, such as steam; or the
    17  use of steam from electric power generation as a source of heat.
    18    3. "Distributed generation" means electricity that is  generated  from
    19  small energy sources that are located near or in the building or facili-
    20  ty  where  the  electricity is used. Distributed energy resource systems
    21  are small-scale power generation technologies used to provide an  alter-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00776-01-9

        A. 1196                             2
     1  native  to or enhancement of the traditional electric power system, such
     2  as solar panels or small wind turbines.
     3    4.  "Fuel cell" means a device that produces electricity directly from
     4  hydrogen or hydrocarbon fuel through a  non-combustive  electro-chemical
     5  process.
     6    5.  "Renewable energy" means energy produced from the following sourc-
     7  es: solar thermal,  photovoltaics,  wind,  hydroelectric,  geo-exchange,
     8  tidal/wave energy and high-efficiency biomass.
     9    §  2.  Energy  targets.  1. All buildings or facilities or vehicles or
    10  vehicle fleets owned or leased, under which the Port  Authority  of  New
    11  York  and  New  Jersey pays directly for energy, or operated by the Port
    12  Authority of New York and New Jersey, shall meet the  following  targets
    13  and  timetable to achieve reductions in greenhouse gas emissions, energy
    14  and water consumption:
    15    (a) reduce greenhouse gas emissions that result from Port Authority of
    16  New York and New Jersey operations from the established  baseline  meas-
    17  urements  by fifteen percent by the year two thousand twenty-four, twen-
    18  ty-five percent by the year two thousand twenty-nine and  fifty  percent
    19  by the year two thousand thirty-four. Emission reductions shall be meas-
    20  ured  on an absolute basis and not adjusted for facility expansion, load
    21  growth or weather;
    22    (b) reduce overall energy consumption at buildings  or  facilities  or
    23  vehicles or vehicle fleets owned or leased, under which the Port Author-
    24  ity  of  New  York  and New Jersey pays directly for energy, by the Port
    25  Authority of New York and New Jersey from the established baseline meas-
    26  urements by fifteen percent by the year two thousand twenty-four,  twen-
    27  ty-five  percent  by the year two thousand twenty-nine and fifty percent
    28  by the year two thousand thirty-four;
    29    (c) reduce potable water use from the established baseline measurement
    30  by ten percent by the year two thousand twenty-four, twenty  percent  by
    31  the  year  two  thousand  twenty-nine and thirty percent by the year two
    32  thousand thirty-four; and
    33    (d) obtain by generation or  procurement  fifteen  percent  of  annual
    34  electricity  consumption  from renewable sources and/or from distributed
    35  generation or cogeneration by the year two thousand  twenty-four,  twen-
    36  ty-five  percent  by the year two thousand twenty-nine and fifty percent
    37  by the year two thousand thirty-four.
    38    2. The Port Authority of New York and New  Jersey  shall  establish  a
    39  baseline  measurement of greenhouse gas emissions, electricity and water
    40  consumption levels for the period beginning January first, two  thousand
    41  fourteen and ending December thirty-first, two thousand fifteen for such
    42  building or facility or vehicle or vehicle fleet.  The baseline measure-
    43  ment shall be the average of the two year period.
    44    §  3.  Energy  assessments and efficiency plan. 1. Energy assessments.
    45  The Port Authority of New York and New Jersey shall  conduct  an  annual
    46  onsite  assessment  and  evaluation  of energy and water consumption and
    47  expenses of any building or facility it owns, leases  or  operates.  The
    48  assessment shall include the following information:
    49    (a)  the  total  number  of  buildings and facilities owned, leased or
    50  operated by the Port Authority of New York and New Jersey and the  total
    51  square footage for such buildings and facilities;
    52    (b)  the total annual energy consumption, listed by energy source, for
    53  each building or facility;
    54    (c) the total annual energy cost calculated per square foot, and list-
    55  ed by energy source, for each building or facility;
    56    (d) the total annual water consumption for each building or facility;

        A. 1196                             3
     1    (e) the total annual cost for fuel used by  authority-owned  vehicles,
     2  listed  by  fuel  type and the average mileage efficiency of vehicles by
     3  vehicle class owned or leased by the Port Authority of New York and  New
     4  Jersey; and
     5    (f)  a  breakdown  by percentage of the total renewable energy used by
     6  each building or facility.
     7    2. Energy  efficiency  plan.  (a)  Based  on  the  initial  assessment
     8  conducted pursuant to subdivision one of this section, the Port Authori-
     9  ty of New York and New Jersey shall develop an energy efficiency plan to
    10  meet  the  targets, goals and timetable established pursuant to subdivi-
    11  sion one of section two of this article. Such plan shall be submitted to
    12  the governors and legislatures of both states.
    13    (b) The plan shall describe specific measures to be  taken  to  reduce
    14  the  Port  Authority  of  New York and New Jersey's greenhouse gas emis-
    15  sions, energy and water consumption in accordance with such targets  and
    16  goals.  The  plan shall also describe any policies adopted, and projects
    17  pursued, by the Port Authority of New York and New  Jersey  to  increase
    18  the  use of renewable energy sources and other alternative sources, such
    19  as distributive generation and cogeneration.
    20    (c) The plan shall:
    21    (1) provide a  detailed  and  comprehensive  plan  for  achieving  the
    22  targets and goals set forth in section two of this article; and
    23    (2) be implemented in a cost-effective manner.
    24    (d)  The  plan  shall  be  amended  to  reflect any changes or updates
    25  reported in the annual assessment pursuant to subdivision  one  of  this
    26  section.
    27    (e)  With  respect  to buildings and facilities that contain less than
    28  ten thousand square feet in space, the Port Authority of  New  York  and
    29  New Jersey is encouraged to assess, develop and implement efficiency and
    30  waste management plans consistent with the targets, goals and timetables
    31  required pursuant to this article.
    32    §  4.  Solid  waste  management plan. 1. For purposes of this section,
    33  "solid waste" shall mean all putrescible and  non-putrescible  materials
    34  or  substances  discarded or rejected as being spent, useless, worthless
    35  or in excess to the owners at the time of  such  discard  or  rejection,
    36  including,  but  not limited to, garbage, refuse, industrial and commer-
    37  cial waste, sludges from  air  or  water  control  facilities,  rubbish,
    38  ashes,  contained  gaseous material, incinerator residue, demolition and
    39  construction debris, discarded automobiles and offal but  not  including
    40  sewage  and  other  highly diluted water carried materials or substances
    41  and those in gaseous form.  "Solid  waste"  shall  not  include  source,
    42  special  nuclear  or by-product material as defined in the atomic energy
    43  act of 1954, as amended.
    44    2. (a) The Port Authority of New York and New Jersey shall prepare and
    45  submit to the commissioner of the New York state department of  environ-
    46  mental conservation and the commissioner of the New Jersey state depart-
    47  ment  of environmental protection for review and approval, a solid waste
    48  management plan for at least a ten-year period.
    49    (b) The solid waste management plan shall, at a minimum:
    50    (1) identify, describe and characterize the solid waste stream  to  be
    51  managed in the planning period;
    52    (2)  assess  existing  and  alternate  proposed solid waste management
    53  programs and facilities;
    54    (3) identify the parties with responsibility to implement each element
    55  of the plan and the steps which must be undertaken by each; and

        A. 1196                             4
     1    (4) set forth a timetable for implementing the plan, including  estab-
     2  lishing annual goals.
     3    (c)  Such  plan  shall  strive  to achieve the objectives of the state
     4  solid waste management policy set forth in section 27-0106 of the  envi-
     5  ronmental  conservation law, provide for or take into account management
     6  of all solid waste within the planning  unit,  and  embody,  as  may  be
     7  appropriate  to  the  circumstances,  sound  principles  of  solid waste
     8  management,  natural  resources  conservation,  energy  production,  and
     9  employment creating opportunities.
    10    (d)  The plan shall be deemed complete if it contains all the elements
    11  set forth in paragraph (b) of this  subdivision.  Thereafter  such  plan
    12  shall  become  the  solid  waste  management plan in effect for the Port
    13  Authority of New York and New Jersey. If the plan as submitted does  not
    14  contain the elements set forth in paragraph (b) of this subdivision, the
    15  commissioner of the New York state department of environmental conserva-
    16  tion  or the commissioner of the New Jersey state department of environ-
    17  mental protection shall state the  reasons  for  its  determination  and
    18  require  the  Port  Authority of New York and New Jersey to re-submit an
    19  amended plan for approval.
    20    § 5. Sustainability coordinator. 1. The Port Authority of New York and
    21  New Jersey shall appoint a sustainability coordinator to organize, coor-
    22  dinate, oversee and report on the energy efficiency and waste management
    23  activities of the Port Authority of New York and New Jersey. The coordi-
    24  nator shall, among other duties and responsibilities:
    25    (a) prepare the energy efficiency and solid waste management plans;
    26    (b) organize, coordinate and oversee the implementation of  the  effi-
    27  ciency activities contained in the efficiency plan;
    28    (c)  organize,  coordinate and oversee the implementation of the solid
    29  waste management plan;
    30    (d) submit the progress reports required pursuant to section eight  of
    31  this article; and
    32    (e)  disseminate  all  applicable  information to authority staff, and
    33  tracking and reporting all requested energy consumption or waste manage-
    34  ment data.
    35    2. The commissioner of the New York state department of  environmental
    36  conservation  and the commissioner of the New Jersey state department of
    37  environmental protection shall develop and conduct  a  training  program
    38  for the sustainability coordinator and assist him or her with the train-
    39  ing of appropriate staff, vendors and contractors.
    40    §  6.  New construction, renovations and leases. 1. (a) The design and
    41  construction of any new buildings  or  facilities,  or  the  substantial
    42  renovation of an existing building or facility, by the Port Authority of
    43  New York and New Jersey shall comply with the environmental and sustain-
    44  ability standards and regulations promulgated jointly by the commission-
    45  er  of  the  New York state department of environmental conservation and
    46  the commissioner of the New Jersey  state  department  of  environmental
    47  protection. This subdivision shall also apply to a building or facility,
    48  fifty  percent  or  more of the funding for the purchase, lease, design,
    49  construction or substantial renovation thereof  is  funded  directly  or
    50  indirectly by the Port Authority of New York and New Jersey.
    51    (b)  For  the  purposes  of  this section, the term "substantial reno-
    52  vation" shall mean: a  capital  project  in  which  the  scope  of  work
    53  involves  at  least two of the following primary building systems: elec-
    54  trical, plumbing,  boiler,  elevator,  HVAC,  roof  replacement,  window
    55  replacement,  lighting or external masonry, painting and plastering; and

        A. 1196                             5
     1  the building area in which the construction is performed will be unoccu-
     2  pied due to the nature of the construction for thirty days or more.
     3    2.  Any  leases entered into by the Port Authority of New York and New
     4  Jersey, including the renegotiation or  extension  of  existing  leases,
     5  shall:
     6    (a) incorporate lease provisions that encourage energy and water effi-
     7  ciency wherever life-cycle cost-effective. Build-to-suit lease solicita-
     8  tions shall contain criteria encouraging sustainable design and develop-
     9  ment, energy efficiency, and verification of facility performance;
    10    (b)  include a preference for facilities having the Energy Star build-
    11  ing label in their selection criteria for acquiring  leased  facilities;
    12  and
    13    (c)  encourage  lessors to apply for an Energy Star building label and
    14  to explore and implement projects  that  will  reduce  costs,  including
    15  projects carried out through the lessors' energy-savings contracts.
    16    §  7.  Procurement.  1.  Procurement  from specification list. (a) All
    17  purchases of commodity, equipment, services and technologies made by the
    18  Port Authority of New York and New Jersey shall be pursuant to  procure-
    19  ment  lists and specifications promulgated jointly by the New York state
    20  office of general services and the New Jersey state division of purchase
    21  and property.
    22    (b) In addition, the Port Authority of New York and New  Jersey  shall
    23  procure  commodities,  equipment, services and technologies that meet or
    24  exceed the following minimum specifications:
    25    (1) Recycled content. All copy paper  and  other  paper  supplies  for
    26  which  the  United  States environmental protection agency has developed
    27  recycled content recommendations pursuant to section six thousand two of
    28  the federal resource conservation and recovery act shall be required  to
    29  meet  or  exceed the Port Authority of New York and New Jersey's minimum
    30  post-consumer material  content  percentages  recommended  in  the  most
    31  recent  recovered materials advisory notice issued for such commodity in
    32  the federal register; provided, however, that  xerographic  paper  shall
    33  contain  no less than thirty percent post-consumer recycled content. All
    34  copy and janitorial paper shall be processed chlorine-free to the extent
    35  practicable. All state authorities shall print publications on  recycled
    36  paper,  and minimum percentages shall be met unless costs for such paper
    37  exceed the cost of other available commodities by more than ten percent.
    38    (2) Waste reduction. State authorities shall seek to reduce  waste  in
    39  products and packaging, including the formulation of policies to promote
    40  the  use  of  double-sided  copying  and printing to the greatest extent
    41  practicable. State authorities shall favor durability, repairability and
    42  reuse when purchasing supplies.
    43    2. If a commodity or equipment is not on  the  procurement  list,  the
    44  Port  Authority  of New York and New Jersey shall select Energy Star and
    45  energy-efficient products when acquiring energy-using products or equip-
    46  ment. For products or equipment for which Energy Star labels are not yet
    47  available, the Port Authority of New York and New Jersey  shall  procure
    48  products  and  equipment  with the highest energy efficiency ratings for
    49  such products or equipment as is practicable.
    50    3. The Port Authority of New York and New Jersey may procure a commod-
    51  ity, equipment, service or technology through a process  that  does  not
    52  comply  with this section when the purchase of the commodity, equipment,
    53  service or technology is necessary to  respond  to  an  emergency  which
    54  endangers  public health or safety, provided such authority shall within
    55  seven business days file a written report with  the  authority's  budget
    56  office  and the office of the state comptroller, which shall become part

        A. 1196                             6
     1  of the procurement record. The report shall contain the following infor-
     2  mation:
     3    (a)  a  description  of  the  emergency that prevented compliance with
     4  subdivisions one and two of this section;
     5    (b) the name of the commodity or technology, or a description  of  the
     6  service, its use and intensity of use;
     7    (c)  a description of the steps being taken to safeguard public health
     8  and safety during the emergency; and
     9    (d) an explanation of how such an emergency  can  be  avoided  in  the
    10  future.
    11    4.  (a)  Beginning  one year after the effective date of this section,
    12  the Port Authority of New York and New Jersey,  when  procuring  commod-
    13  ities,  equipment,  services  or  technology  shall follow practices and
    14  develop solicitation specifications that  meet  or  exceed  the  minimum
    15  specifications  established in subdivision one of this section. All such
    16  contracts shall include a statement describing how such minimum specifi-
    17  cations were met.
    18    (b) In the event that the Port Authority of New York  and  New  Jersey
    19  receives  no  bids  or  proposals that meet the specifications developed
    20  pursuant to paragraph (a) of this subdivision, such authority may  with-
    21  draw  the request for bids or proposals and begin a new procurement with
    22  new specifications that do not meet the specifications developed  pursu-
    23  ant to paragraph (a) of this subdivision and award a contract in accord-
    24  ance with other applicable statutes; provided, however that such author-
    25  ity  shall  document  the reasons why such procurement does not meet the
    26  minimum specifications established in subdivision one of  this  section,
    27  and  submit  such  documentation  for  inclusion  in  the  annual report
    28  required pursuant to this article and to the office of the  state  comp-
    29  troller of the state of New York and the office of the state comptroller
    30  of the state of New Jersey for inclusion in the procurement record.
    31    5.  (a)  Nothing  in  this section shall be construed as requiring the
    32  Port Authority of New York and New Jersey to procure a commodity, equip-
    33  ment, service or technology that does not meet the  form,  function  and
    34  utility  required  by such authority, or as requiring the Port Authority
    35  of New York and New Jersey to procure a commodity, equipment, service or
    36  technology the cost of which exceeds the cost of an  alternative  avail-
    37  able commodity or service by more than ten percent.
    38    (b)  When  determining  and comparing costs, the Port Authority of New
    39  York and New Jersey shall consider the following definition. "Costs"  as
    40  used  in  this  article  shall  be quantifiable and may include, without
    41  limitation, the price of the given good or service being purchased;  the
    42  administrative, training, storage, maintenance or other overhead associ-
    43  ated  with  a  given  good or service; the value of warranties, delivery
    44  schedules, financing costs and  foregone  opportunity  costs  associated
    45  with  a  given  good  or  service; and the life span and associated life
    46  cycle costs of the given good or service  being  purchased.  Life  cycle
    47  costs may include, but shall not be limited to, costs or savings associ-
    48  ated  with construction, energy use, maintenance, operation, and salvage
    49  or disposal.
    50    6. Training and education.  The  New  York  state  office  of  general
    51  services  and  the  New  Jersey state division of purchase and property,
    52  with the assistance of the New York state  department  of  environmental
    53  conservation  and  the  New  Jersey  state  department  of environmental
    54  protection, the New York state department of health and the  New  Jersey
    55  state  department  of  health and senior services, and the office of the
    56  state comptroller of the state of New York and the office of  the  state

        A. 1196                             7
     1  comptroller  of  the  state  of  New Jersey, within twelve months of the
     2  effective date of this section, shall design and begin implementation of
     3  a training program for senior managers and Port Authority  of  New  York
     4  and  New  Jersey  staff involved in procurement to familiarize them with
     5  their responsibilities under this section and ensure the  effective  and
     6  efficient implementation of the provisions of this section. Such program
     7  shall provide for new employee training and ongoing training.
     8    §  8.  Reports. 1. The Port Authority of New York and New Jersey shall
     9  prepare and submit to the governors of the states of New  York  and  New
    10  Jersey  and  the state legislatures of New York and New Jersey an annual
    11  progress report in a form or  manner,  containing  such  information  or
    12  data,  and  on  such date determined by the council. The report shall be
    13  certified as accurate and complete by the executive director of the Port
    14  Authority of New York and New Jersey.
    15    2. At a minimum, such report shall describe:
    16    (a) the Port Authority of New  York and New Jersey's efforts regarding
    17  reduction in energy and water consumption; waste reduction and recycling
    18  activities; recycled product procurement; quantities of  material  recy-
    19  cled;
    20    (b)  the  progress made toward achieving the target and goals mandated
    21  in this article;
    22    (c) the progress made toward increasing the use  of  renewable  energy
    23  sources; and
    24    (d)  barriers  to  achieving  progress  toward meeting the targets and
    25  goals.
    26    § 2. Severability. If any clause, sentence, paragraph, section or part
    27  of this act shall be adjudged by any court of competent jurisdiction  to
    28  be  invalid,  the  judgment  shall not affect, impair, or invalidate the
    29  remainder thereof, but shall be confined in its operation to the clause,
    30  sentence, paragraph, section or part thereof directly  involved  in  the
    31  controversy in which the judgment shall have been rendered.
    32    §  3.  This  act  shall take effect upon the enactment into law by the
    33  state of New Jersey of legislation having an identical effect with  this
    34  act,  but  if  the  state  of New Jersey shall have already enacted such
    35  legislation, this act shall take effect immediately; provided  that  the
    36  chairman  of  the port authority of New Jersey shall notify the legisla-
    37  tive bill drafting commission upon the occurrence of  the  enactment  of
    38  the  legislation  provided  for in section one of this act in order that
    39  the commission may maintain an accurate and timely effective  data  base
    40  of the official text of the laws of the state of New York in furtherance
    41  of  effectuating the provisions of section 44 of the legislative law and
    42  section 70-b of the public officers law.
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