Bill Text: NY A02415 | 2021-2022 | General Assembly | Introduced
Bill Title: Directs the department of state to develop and implement benchmarking standards for the total annual use of energy and water for certain buildings.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Introduced - Dead) 2022-01-05 - referred to energy [A02415 Detail]
Download: New_York-2021-A02415-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2415 2021-2022 Regular Sessions IN ASSEMBLY January 19, 2021 ___________ Introduced by M. of A. FAHY, ENGLEBRIGHT, SEAWRIGHT, GRIFFIN, DICKENS, SIMON, MAGNARELLI, JACOBSON, COLTON, FERNANDEZ, COOK -- read once and referred to the Committee on Energy AN ACT to amend the energy law, in relation to developing and implement- ing benchmarking standards for the total annual use of energy and water for certain buildings The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 11-102 of the energy law is amended by adding three 2 new subdivisions 3-a, 3-b and 7-a to read as follows: 3 3-a. "Benchmarking." The input and submission to the benchmarking tool 4 of the total use of energy and water for a building for the previous 5 calendar year and any other descriptive information for such building as 6 required by the benchmarking tool. 7 3-b. "Benchmarking tool." The internet-based database system developed 8 by the United States environmental protection agency, and any complemen- 9 tary interface designated by the department of state, to track and 10 assess the energy and water use of certain buildings relative to similar 11 buildings. 12 7-a. "Covered building." (a) A building located in a city with a popu- 13 lation of less than one million that exceeds twenty-five thousand gross 14 square feet as recorded by the New York state department of taxation and 15 finance, (b) two or more buildings on the same tax lot that together 16 exceed fifty thousand gross square feet, or (c) two or more condomin- 17 iums, devoted exclusively to non-residential purposes, held under a 18 lease or sublease, or separate unit leases or subleases, the unexpired 19 term or terms of which on the date of recording of the declaration shall 20 not be less than thirty years, and are governed by the same board of 21 governors that together exceed fifty thousand gross square feet. 22 § 2. The energy law is amended by adding a new section 11-111 to read 23 as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06566-01-1A. 2415 2 1 § 11-111. Benchmarking standards. 1. The department of state shall 2 promulgate rules and regulations to institute benchmarking standards for 3 covered buildings as defined in subdivision seven-a of section 11-102 of 4 this article. 5 2. Such standards shall include provisions directing that an owner of 6 a covered building shall benchmark such covered building no later than 7 May first, two thousand twenty-three and no later than May first annual- 8 ly thereafter. Furthermore, such rules shall specify that benchmarking 9 of water use shall not be required unless the building was equipped with 10 automatic meter reading equipment by the department of state for the 11 entirety of the previous calendar year. The owner or the owner's repre- 12 sentative performing the benchmarking shall consult with the operating 13 staff of the building, as appropriate. 14 3. Where a unit or other space in a covered building is occupied by a 15 tenant and such unit or space is separately metered by a utility compa- 16 ny, the owner of such building shall request from such tenant informa- 17 tion relating to such tenant's separately metered energy use for the 18 previous calendar year. 19 4. Such tenant shall report information requested pursuant to subdivi- 20 sion three of this section relating to such tenant's separately metered 21 energy use for the previous calendar year no later than February 22 fifteenth of any year in which the owner is required to benchmark such 23 building. Such information shall be reported in a form and manner as 24 determined by the department of state. 25 5. Where an owner receives notice that a tenant intends to vacate a 26 unit or other space prior to reporting information in accordance with 27 subdivisions three and four of this section, such owner shall request 28 information relating to such tenant's energy use for any period of occu- 29 pancy relevant to such owner's obligation to benchmark. Any such tenant 30 shall report such information to the owner of such building prior to 31 vacating such unit or other space, or, if such information is not avail- 32 able prior to vacating such unit or other space, as soon as practicable 33 thereafter, regardless of whether such owner has requested information 34 pursuant to this section. 35 6. The failure of any or all tenants to report the information 36 required by subdivisions four and five of this section to the owner 37 shall not relieve such owner of the obligation to benchmark pursuant to 38 this section, provided, however, that such owner shall not be required 39 to include in such benchmark information not reported by a tenant unless 40 otherwise available to such owner. 41 7. An owner of a covered building shall maintain any such records as 42 the department of state determines are necessary for carrying out the 43 purposes of this section, including but not limited to, any energy or 44 water bill, and any report or form received from a tenant. Such records 45 shall be preserved for a period of three years. At the request of the 46 department of state, such records shall be made available for inspection 47 and audit at the place of business of the owner during normal business 48 hours. 49 8. It shall be unlawful for the owner of a covered building to fail to 50 benchmark pursuant to subdivision two of this section. 51 9. Information gathered pursuant to this section shall be directly 52 uploaded to the benchmarking tool in accordance with the following: 53 (a) The department of state shall encourage and facilitate any utility 54 company or any other source authorized by the department of state to 55 upload directly to the benchmarking tool any information necessary to 56 benchmark a building within sixty days of the collection of such infor-A. 2415 3 1 mation. Where information is uploaded directly by utility company or 2 other authorized source, neither the owner nor any tenant shall be obli- 3 gated to request or report such information pursuant to subdivision two, 4 three, four or five of this section as applicable. 5 (b) The department of state shall upload directly to the benchmarking 6 tool information on water use at all buildings that were equipped with 7 automatic meter reading equipment for the entirety of the previous 8 calendar year and that are subject to the benchmarking requirements of 9 this section. 10 10. The department of state may suspend all or part of the requirement 11 to benchmark pursuant to this section upon a written finding that a 12 technological deficiency in the benchmarking tool precludes compliance 13 with this section. The department of state shall notify the members of 14 the state fire prevention and building code council, the governor and 15 the commissioner of the department of environmental conservation prompt- 16 ly upon issuing a suspension of lifting a suspension pursuant to this 17 section. 18 11. The department of state shall make a list of any buildings for 19 which no benchmarking information was generated by the benchmarking 20 tool. 21 12. The department of state shall: 22 (a) Annually notify all owners of covered buildings of their obli- 23 gations to benchmark pursuant to subdivision four of this section, 24 provided that the failure of the department of state to notify any such 25 owner shall not affect the obligation of such owner to benchmark pursu- 26 ant to this section. 27 (b) Notify all owners of a covered building of any suspension or the 28 lifting of a suspension pursuant to subdivision ten of this section. 29 13. The department of state shall make all information generated by 30 the benchmarking tool available to the public on the department's 31 website no later than September first, two thousand twenty-three and no 32 later than September first annually thereafter for any covered building 33 whose primary use is not residential, as determined by the department of 34 state, and no later than September first, two thousand twenty-four and 35 no later than September first annually thereafter for covered buildings 36 whose primary use is residential as determined by the department of 37 state. Such information shall include, but not be limited to, (a) the 38 energy utilization index, (b) the water use per gross square feet, (c) 39 where available, a rating that compares the energy and water use of the 40 building to that of similar buildings, (d) a comparison of data across 41 calendar years for any years such building was benchmarked, (e) effi- 42 ciency findings categorized by building type, and (f) any other such 43 information and analyses as the department of state deems appropriate. 44 14. (a) The New York state energy research and development authority 45 shall make recommendations regarding the implementation of a benchmark- 46 ing program no later than September first, two thousand twenty-two. Such 47 recommendations shall include qualifications for benchmarking consult- 48 ants and recommendations on oversight and exemptions from benchmarking 49 requirements. Such recommendations shall be adopted by the department of 50 state. 51 (b) The New York state energy research and development authority shall 52 make recommendations regarding changes and updates to the code based on 53 the findings of the benchmarking tool no later than January first, two 54 thousand twenty-four and no later than January first annually thereaft- 55 er.A. 2415 4 1 (c) The department of state shall promulgate rules and regulations 2 pursuant to such recommendations made by the New York state energy 3 research and development authority and shall issue a report on summariz- 4 ing such regulatory changes and the status of their implementation no 5 later than April first, two thousand twenty-four and no later than April 6 first annually thereafter. 7 § 3. This act shall take effect immediately.