Bill Text: NY A05633 | 2023-2024 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Enacts the "Renewable Capitol act"; requires the office of general services, in consultation with the power authority of the state of New York, to ensure that all operations that power, heat or cool the empire state plaza complex shall entirely use renewable energy systems; requires the office of general services to establish an advisory committee to advise the office of general services on the preparation, design and content of a plan for the use of renewable energy systems.
Spectrum: Partisan Bill (Democrat 29-0)
Status: (Introduced) 2024-05-02 - print number 5633b [A05633 Detail]
Download: New_York-2023-A05633-Introduced.html
Bill Title: Enacts the "Renewable Capitol act"; requires the office of general services, in consultation with the power authority of the state of New York, to ensure that all operations that power, heat or cool the empire state plaza complex shall entirely use renewable energy systems; requires the office of general services to establish an advisory committee to advise the office of general services on the preparation, design and content of a plan for the use of renewable energy systems.
Spectrum: Partisan Bill (Democrat 29-0)
Status: (Introduced) 2024-05-02 - print number 5633b [A05633 Detail]
Download: New_York-2023-A05633-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5633 2023-2024 Regular Sessions IN ASSEMBLY March 20, 2023 ___________ Introduced by M. of A. FAHY -- read once and referred to the Committee on Governmental Operations AN ACT to amend the executive law and the public authorities law, in relation to the utilization of renewable energy at state-owned facili- ties in Albany The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "Renewable 2 Capitol Act". 3 § 2. The executive law is amended by adding a new section 204 to read 4 as follows: 5 § 204. Renewable capitol project. 1. For the purpose of this section, 6 the following terms shall have the following meanings: 7 (a) The "advisory committee" shall mean the committee established 8 pursuant to paragraph (b) of subdivision three of this section. 9 (b) The "CLCPA" shall mean the New York state climate leadership and 10 community protection act enacted as chapter one hundred six of the laws 11 of two thousand nineteen, as it shall from time to time be amended. 12 (c) "Co-pollutants" shall have the same meaning as set forth in subdi- 13 vision three of section 75-0101 of the environmental conservation law. 14 (d) "Emergency generator" shall mean the set of diesel generators 15 located on Sheridan Avenue in Albany, New York as of the effective date 16 of this section, that are intended to power the empire state plaza 17 complex during an emergency fault condition causing an interruption to 18 normal electricity service from the grid. 19 (e) "Empire state plaza complex" or the "complex" shall mean the 20 complex of state-owned buildings and the land thereon in Albany, New 21 York that utilize the steam distribution network of the Sheridan Avenue 22 steam plant, including what are popularly known as Empire State Plaza, 23 the State Capitol Building, the State Museum, the Alfred E. Smith Build- 24 ing, the State Education Building, the Sheridan Avenue steam plant, and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07366-02-3A. 5633 2 1 the former Albany New York Solid Waste Energy Recovery System incinera- 2 tor building. 3 (f) "Greenhouse gas" shall have the same meaning as set forth in 4 subdivision seven of section 75-0101 of the environmental conservation 5 law. 6 (g) The "local community" shall mean the portion of Albany, New York 7 designated as the local community under the plan, which shall include, 8 at a minimum, the Albany Sheridan Hollow, Arbor Hill, Center Square, 9 Mansion, Washington Park, West Hill and South End neighborhoods. 10 (h) "NYSERDA" shall mean the New York state energy research and devel- 11 opment authority created under section eighteen hundred fifty-two of the 12 public authorities law. 13 (i) The "office of general services" or the "office" shall mean the 14 agency created under section two hundred of this article. 15 (j) The "plan" shall mean the plan set forth in subdivision three of 16 this section. 17 (k) The "project" shall mean the work on the empire state plaza 18 complex mandated by this section. 19 (l) A "power purchase agreement" shall mean an agreement between two 20 parties, the seller and the buyer, to enter into a contractual obli- 21 gation for the purchase of electricity. 22 (m) "Renewable energy systems" means systems that entirely generate 23 electricity or thermal energy through use of the following technologies: 24 solar thermal, photovoltaics, on land and offshore wind, hydroelectric, 25 geothermal electric, geothermal ground source heat, tidal energy, wave 26 energy, ocean thermal, and fuel cells which do not utilize a fossil fuel 27 resource in the process of generating electricity or thermal energy. 28 (n) "Sheridan Avenue steam plant" shall mean the steam plant facility 29 owned by New York state located as of the time of the effective date of 30 this section at 79 Sheridan Avenue in Albany, New York. 31 2. (a) Within three years after the effective date of this section, 32 the office of general services, in consultation with the power authority 33 of the state of New York, shall ensure that all operations that power, 34 heat or cool the empire state plaza complex shall entirely use renewable 35 energy systems. In satisfying this requirement, the office may demon- 36 strate that the amount of electrical energy credited to the complex 37 annually from renewable sources through a power purchase agreement or 38 similar instrument is not less than the amount of electrical energy 39 consumed annually by the complex. Notwithstanding this mandate, the 40 emergency generator shall be permitted to utilize non-renewable energy, 41 but the office shall be empowered to retire or convert the emergency 42 generator to wholly or entirely utilize renewables if possible. 43 (b) The project and the empire state plaza complex shall comply with 44 the CLCPA, and any rules and regulations issued thereunder, and, in 45 particular, section seven of such law; the statewide greenhouse gas 46 emissions limits set forth in section 75-0107 of the environmental 47 conservation law; and the targets established in subdivision two of 48 section sixty-six-p of the public service law. Nothing in this paragraph 49 shall preclude the office from mandating lower greenhouse gas emissions 50 limits or compliance with greenhouse gas emissions limits in a shorter 51 timeframe than set forth in section 75-0107 of the environmental conser- 52 vation law, or in mandating a higher percentage of renewables or in a 53 shorter timeframe than in subdivision two of section sixty-six-p of the 54 public service law. Except in regard to the provision regarding to the 55 emergency generator as set forth in paragraph (a) of this subdivision, 56 any action taken in furtherance of the project that leads to anyA. 5633 3 1 increase in the emissions of greenhouse gases shall be deemed inconsist- 2 ent with and in interference with the attainment of the statewide green- 3 house gas emissions limits established in article seventy-five of the 4 environmental conservation law and therefore shall trigger the process 5 set forth in subdivision two of section seven of the CLCPA. 6 (c) Any contractor receiving payments for work conducted pursuant to 7 this section shall pay employees and other workers under such contract a 8 wage not less than the prevailing rates of wages for such work in the 9 locality where the work is performed, in conformity with prevailing 10 wage laws. 11 3. (a) Within one year of the effective date of this section, the 12 office shall issue a plan in conformity with this subdivision and subdi- 13 vision two of this section. 14 (b) Within sixty days of the effective date of this section, the 15 office shall establish an advisory committee to advise it on the prepa- 16 ration, design and content of the plan. The advisory committee shall 17 consist of the commissioner of the department of environmental conserva- 18 tion and the chief executive officer of NYSERDA, or their designees, and 19 additional members which shall be appointed by such commissioner in 20 consultation with such chief executive officer, as follows: three repre- 21 sentatives of Albany community organizations, at least two of which are 22 from organizations whose mission, in whole or in part, is to represent 23 the interests of the Arbor Hill and/or Sheridan Hollow neighborhoods in 24 Albany; two additional representatives of local environmental justice 25 organizations; one individual not employed by New York state with recog- 26 nized expertise in renewable energy; a representative of labor organiza- 27 tions; a scientist with expertise in energy and climate policy; an engi- 28 neer with expertise in energy (including geothermal) and climate policy; 29 and the mayor of Albany or his or her designee. The advisory committee 30 shall meet at least three times annually, or additional times as the 31 committee shall by majority vote determine. At such meetings, which 32 shall be open to the public, the office, among other things, shall 33 report on the progress made in completing the project and otherwise 34 implementing this section. The advisory committee members shall receive 35 no compensation for their services but shall be reimbursed for their 36 actual and necessary expenses incurred in the performance of their 37 duties. All agencies of the state or subdivisions thereof may, at the 38 request of the advisory panel or the office, provide the advisory panel 39 with such facilities, assistance and data as will enable the advisory 40 panel to carry out its powers and duties. 41 (c) Each member of the advisory committee shall be entitled to one 42 vote. No action may be taken by the advisory committee unless there is 43 a quorum, which shall at all times be a majority of the members of the 44 committee. 45 (d) The office shall retain a third party to perform an engineering 46 study to be completed within one hundred eighty days after the effective 47 date of this section, which shall consider the matters set forth in 48 paragraph (f) of this subdivision and any other matters consistent with 49 this section that the office shall direct. For the purposes of this 50 paragraph, the term "third party" shall mean a professional engineer, 51 not employed by the state of New York, or an engineering firm, provided 52 that none of the engineers employed by such firm shall also be employed 53 by the state of New York. 54 (e) The office shall be transparent in its work to develop the plan 55 and shall maintain a website where the draft plan and other documents 56 relevant to its development shall be posted for public review. The advi-A. 5633 4 1 sory committee shall hold at least two public hearings within thirty 2 days after the release of the draft plan and prior to the release of the 3 final plan, of which one shall be held in Arbor Hill or Sheridan Hollow 4 neighborhoods and one shall be held during the evening or weekend hours. 5 An additional public hearing shall also be held within thirty days after 6 the creation of the advisory committee to receive public input into the 7 development of the draft plan. 8 (f) The plan shall contain recommendations on regulatory measures and 9 other state actions to ensure that the mandates in subdivision two of 10 this section are met. The measures and actions set forth in the plan 11 shall include: 12 i. a timeline for planned steps toward the completion of the project, 13 including, but not limited to construction of the project and obtaining 14 the necessary permits to begin operation. The timeline should maximize 15 the potential for achieving, and if feasible making greater emissions 16 reductions than the statewide greenhouse gas emissions limits set forth 17 in section 75-0107 of the environmental conservation law and meeting the 18 other mandates of the CLCPA; 19 ii. measures to maximize the benefits to the local community, includ- 20 ing prioritizing the reduction of greenhouse gases and co-pollutants and 21 improving public health in the local community; 22 iii. measures to optimize thermal load sharing, energy efficiency, 23 demand response, and energy conservation; 24 iv. comprehensive consideration of renewable heat exchange systems or 25 a combination of such systems to meet the heating and cooling needs of 26 the empire state plaza complex, including but not limited to: geothermal 27 heat exchange with the earth, geothermal heat exchange with the Hudson 28 River, open-loop and closed-loop geothermal heat exchange with the aqui- 29 fer, heat exchange with potable water supplies, heat recovery from 30 wastewater sources, air-source heat pump technology, and thermal stor- 31 age, provided that such systems do not use combustion-based or fossil 32 fuel energy; 33 v. prioritization of electricity procurement from renewable sources 34 within New York Independent System Operator (NYISO) Zone F, especially 35 sources most capable of providing electricity serving real-time load 36 conditions of the empire state plaza complex. This shall include, but 37 not be limited to, consideration of projects that expand electricity 38 generation from ecologically-responsible, run-of-the-river hydroelectric 39 facilities within the region; and 40 vi. electricity service upgrades for the empire state plaza complex 41 necessary to support measures identified in this section. 42 (g) In designing the plan, the office shall be guided by any recommen- 43 dations contained in the engineering study mandated by paragraph (d) of 44 this subdivision, and any comments or recommendations made by the advi- 45 sory committee, including as to such engineering study. Such advisory 46 committee shall also be entitled to reject or modify any recommendation 47 upon a finding that such recommendation would be inconsistent with or 48 will interfere with the attainment of the statewide greenhouse gas emis- 49 sions limits established in article seventy-five of the environmental 50 conservation law, the climate justice provisions of the CLCPA, any rules 51 or regulations issued thereunder, or this section. If the advisory 52 committee rejects or modifies any recommendation, the original version 53 of the recommendations as set forth in the engineering study shall 54 presumptively not be considered by the office, unless substantial 55 evidence exists to support the study's initial recommendations.A. 5633 5 1 (h) The plan shall prioritize project implementation efforts to maxi- 2 mize the creation of quality jobs in New York state and the local commu- 3 nity. The plan shall also designate the geographic boundaries of the 4 local community. In designating such boundaries, which shall include the 5 Albany Sheridan Hollow, Arbor Hill, Center Square, Mansion, Washington 6 Park, West Hill, and South End neighborhoods, the office shall consider 7 including in its designation any other communities that experience 8 impacts on their water, air quality, noise and traffic from the empire 9 state plaza complex. 10 § 3. The tenth undesignated paragraph of section 1005 of the public 11 authorities law, as added by chapter 55 of the laws of 1992, is amended 12 to read as follows: 13 The authority is further authorized, as deemed feasible and advisable 14 by the trustees, to acquire, maintain, manage, operate, improve and 15 reconstruct as a project or projects of the authority one or both of the 16 steam generation facilities owned by the state known as the Sheridan 17 [avenue] Avenue steam [generating] plant [on Sheridan avenue in the city18of Albany and used to supply steam to state facilities], together with 19 any properties, buildings and equipment at the sites thereof or ancil- 20 lary thereto, for the generation and sale of thermal energy and the 21 cogeneration and sale of electricity for use by facilities of the state 22 within the county of Albany. All the authority's costs, including its 23 acquisition, capital, operating and maintenance costs, shall be recov- 24 ered fully from the customers receiving service from such project or 25 projects. Thermal energy and electricity not required by the state may 26 be sold by the authority to others. The authority is not authorized to 27 use refuse or refuse-derived fuel in operating the project or projects. 28 As of the time period specified in paragraph (a) of subdivision two of 29 section two hundred four of the executive law, all of the energy, 30 including but not limited to heat, cooling and electricity, produced at 31 the Sheridan Avenue steam plant shall utilize renewable energy systems. 32 Any agreement for such acquisition shall insure that the authority is 33 not liable or otherwise responsible for circumstances arising from the 34 prior operation of such facilities. The acquisition and purchase of such 35 land, buildings and equipment by the authority, and any actions taken to 36 effect such acquisition and purchase, are hereby exempt from the 37 provisions of article eight of the environmental conservation law. The 38 application of such exemption shall be strictly limited to the acquisi- 39 tion and purchase of such land, buildings and equipment by the authority 40 and such agreements with the state. Nothing herein shall exempt the 41 authority from otherwise applicable laws respecting the expansion, 42 conversion, operation and maintenance of such land, buildings and equip- 43 ment. For the purposes of this subdivision, the terms "renewable energy 44 systems" and "Sheridan Avenue steam plant" shall have the same meanings 45 as in subdivision one of section two hundred four of the executive law. 46 § 4. This act shall take effect immediately.
