Bill Text: NY A10036 | 2017-2018 | General Assembly | Introduced

Bill Title: Establishes environmental standards for public authorities.

Spectrum: Moderate Partisan Bill (Democrat 7-1)

Status: (Introduced - Dead) 2018-03-08 - referred to corporations, authorities and commissions [A10036 Detail]

Download: New_York-2017-A10036-Introduced.html

                STATE OF NEW YORK
                   IN ASSEMBLY
                                      March 8, 2018
        Introduced by M. of A. PAULIN, GALEF, OTIS, SEAWRIGHT, COLTON, D'URSO --
          Multi-Sponsored by -- M. of A. CROUCH, GLICK -- read once and referred
          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.
    23    2.  "Council"  means  the  state authorities energy efficiency council
    24  established pursuant to section twenty-nine hundred ninety-seven of this
    25  title.
    26    3. "DEC" means the department of environmental conservation.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 10036                            2
     1    4. "Fuel cell" means a device that produces electricity directly  from
     2  hydrogen  or  hydrocarbon fuel through a non-combustive electro-chemical
     3  process.
     4    5.  "Greenhouse  gas"  means  carbon  dioxide, methane, nitrous oxide,
     5  hydrofluorocarbons, perfluorocarbons and sulphur hexafluoride.
     6    6. "NYSERDA" means the New York state energy research and  development
     7  authority.
     8    7. "OGS" means the office of general services.
     9    8.  "Renewable energy" means energy produced from the following sourc-
    10  es: solar thermal, photovoltaics, wind, hydroelectric, geo-exchange  and
    11  tidal/wave energy.
    12    9.  "State  authority"  shall  mean  the  state  authorities listed in
    13  section twenty-nine hundred ninety-one of this title.
    14    10. "State interagency committee" means the state interagency  commit-
    15  tee  on  sustainability  and  green  procurement established pursuant to
    16  executive order number four of two thousand eight.
    17    § 2991. Applicability. 1. The provisions  of  this  title  shall  only
    18  apply to the following state authorities:
    19    Battery Park City Authority
    20    Capital District Transportation Authority
    21    Central New York Regional Transportation Authority
    22    Development Authority of the North Country
    23    Dormitory Authority of the State of New York
    24    Long Island Power Authority
    25    Metropolitan Transportation Authority
    26    New York Convention Center Operating Corporation
    27    New York State Bridge Authority
    28    New York State Energy Research and Development Authority
    29    New York State Olympic Regional Development Authority
    30    New York State Thruway Authority
    31    Niagara Frontier Transportation Authority
    32    North Country Power Authority
    33    Power Authority of the State of New York
    34    Rochester-Genesee Regional Transportation Authority
    35    2.  Notwithstanding the provisions of subdivision one of this section,
    36  the provisions of this title shall not apply to a building  or  facility
    37  owned,  leased  or operated by a state authority established pursuant to
    38  titles one and one-A of article five of this chapter, which building  or
    39  facility  or  vehicle  or  vehicle  fleet  is used primarily to produce,
    40  generate, transmit or store energy and power.
    41    § 2992. Energy targets. 1. All buildings or facilities or vehicles  or
    42  vehicle  fleets  owned,  leased,  under  which  the state authority pays
    43  directly for energy, or operated by a state  authority  shall  meet  the
    44  following  targets and timetable to achieve reductions in greenhouse gas
    45  emissions, energy and water consumption:
    46    (a) reduce greenhouse gas emissions that result from  state  authority
    47  operations  from the established baseline measurements by twenty percent
    48  by the year two thousand twenty-two, thirty  percent  by  the  year  two
    49  thousand  twenty-seven  and forty percent by the year two thousand thir-
    50  ty-two. Emission reductions shall be measured on an absolute  basis  and
    51  not adjusted for facility expansion, load growth or weather;
    52    (b)  reduce  overall  energy consumption at buildings or facilities or
    53  vehicles or vehicle fleets  owned  or  leased,  under  which  the  state
    54  authority  pays  directly  for  energy,  by the state authority from the
    55  established baseline measurements by fifteen percent  by  the  year  two

        A. 10036                            3
     1  thousand twenty-two, twenty percent by the year two thousand twenty-sev-
     2  en and thirty percent by the year two thousand thirty-two;
     3    (c) reduce potable water use from the established baseline measurement
     4  by  ten  percent  by the year two thousand twenty-two, twenty percent by
     5  the year two thousand twenty-seven and thirty percent by  the  year  two
     6  thousand thirty-two; and
     7    (d)  obtain  by  generation  or  procurement fifteen percent of annual
     8  electricity consumption from renewable sources by the year two  thousand
     9  twenty-two,  twenty-five  percent  by the year two thousand twenty-seven
    10  and fifty percent by the year two thousand thirty-two.
    11    2. Each state authority that owns, leases or operates  a  building  or
    12  facility or vehicle or vehicle fleet shall establish a baseline measure-
    13  ment  of  greenhouse  gas  emissions,  electricity and water consumption
    14  levels for the period beginning January first, two thousand fourteen and
    15  ending December thirty-first, two thousand fifteen for such building  or
    16  facility  or vehicle or vehicle fleet. The baseline measurement shall be
    17  the average of the two year period.
    18    3. The council is authorized, upon the application of a state authori-
    19  ty, to reduce or decrease one or more efficiency targets required  under
    20  this  section if the state authority can demonstrate to the satisfaction
    21  of the council that it has achieved substantially the overall target  or
    22  goal  prior  to the final target year. For the purposes of this subdivi-
    23  sion, substantial achievement shall mean meeting ninety percent or  more
    24  of the target or goal.
    25    § 2993. Energy assessments and efficiency plan. 1. Energy assessments.
    26  (a) A state authority that owns, leases or operates a building or facil-
    27  ity  shall  conduct an annual onsite assessment and evaluation of energy
    28  and water consumption and expenses of such  building  or  facility.  The
    29  assessment shall include the following information:
    30    (1)  the  total  number  of  buildings and facilities owned, leased or
    31  operated by the state authority and the total square  footage  for  such
    32  buildings and facilities;
    33    (2)  the total annual energy consumption, listed by energy source, for
    34  each building or facility;
    35    (3) the total annual energy cost calculated per square foot, and list-
    36  ed by energy source, for each building or facility;
    37    (4) the total annual water consumption for each building or facility;
    38    (5) the total annual cost for fuel used by  authority-owned  vehicles,
    39  listed  by  fuel  type and the average mileage efficiency of vehicles by
    40  vehicle class owned or leased by the state authority; and
    41    (6) a breakdown by percentage of the total renewable  energy  used  by
    42  each building or facility.
    43    (b)  In  developing  this assessment, the state authority may seek the
    44  advice and assistance of other state agencies and entities, such as DEC,
    45  NYSERDA or OGS.
    46    2. Energy  efficiency  plan.  (a)  Based  on  the  initial  assessment
    47  conducted  pursuant  to  subdivision  one  of  this  section, each state
    48  authority shall develop and submit to the council for  its  approval  an
    49  energy  efficiency  plan to meet the targets, goals and timetable estab-
    50  lished pursuant to subdivision one of section twenty-nine hundred  nine-
    51  ty-two of this title.
    52    (b)  The  plan  shall describe specific measures to be taken to reduce
    53  the  state  authority's  greenhouse  gas  emissions,  energy  and  water
    54  consumption  in  accordance  with such targets and goals. The plan shall
    55  also describe any policies adopted, and projects pursued, by  the  state

        A. 10036                            4
     1  authority  to  increase  the  use  of renewable energy sources and other
     2  alternative sources.
     3    (c) The council shall approve the plan if the plan:
     4    (1)  provides  a  detailed  and  comprehensive  plan for achieving the
     5  targets and goals set forth in section twenty-nine hundred ninety-two of
     6  this title; and
     7    (2) can be implemented in a cost-effective manner.
     8    (d) The plan shall be  amended  to  reflect  any  changes  or  updates
     9  reported  in  the  annual assessment pursuant to subdivision one of this
    10  section.
    11    (e) With respect to buildings and facilities that  contain  less  than
    12  twenty thousand square feet in space, a state authority is encouraged to
    13  assess,  develop  and  implement  efficiency  and waste management plans
    14  consistent with the targets, goals and timetables required  pursuant  to
    15  this title.
    16    §  2994. Solid waste management plan. 1. For purposes of this section,
    17  "solid waste" shall have the same meaning as is found in subdivision one
    18  of section 27-0701 of the environmental conservation law, but shall  not
    19  include source, special nuclear or by-product material as defined in the
    20  atomic  energy act of 1954, as amended, or hazardous waste which appears
    21  on the list or satisfies the characteristics of hazardous waste  promul-
    22  gated pursuant to section 27-0903 of the environmental conservation law,
    23  or  low  level  radioactive  waste  as defined in section 29-0101 of the
    24  environmental conservation law.
    25    2. (a) All state authorities shall prepare and submit to  the  council
    26  for  its  review  and  approval  a  solid waste management plan for such
    27  authority for at least a ten-year period.
    28    (b) The solid waste management plan, which shall be in a  form  devel-
    29  oped by the council, shall, at a minimum:
    30    (1)  identify,  describe and characterize the solid waste stream to be
    31  managed in the planning period;
    32    (2) assess existing and  alternate  proposed  solid  waste  management
    33  programs and facilities;
    34    (3) identify the parties with responsibility to implement each element
    35  of the plan and the steps which must be undertaken by each; and
    36    (4)  set forth a timetable for implementing the plan, including estab-
    37  lishing annual goals.
    38    (c) Such plan shall strive to achieve  the  objectives  of  the  state
    39  solid  waste management policy set forth in section 27-0106 of the envi-
    40  ronmental conservation law, provide for or take into account  management
    41  of  all  solid  waste  within  the  planning unit, and embody, as may be
    42  appropriate to  the  circumstances,  sound  principles  of  solid  waste
    43  management,  natural  resources  conservation,  energy  production,  and
    44  employment creating opportunities.
    45    (d) The council shall approve a plan if the plan contains the elements
    46  set forth in paragraph (b) of this  subdivision.  Thereafter  such  plan
    47  shall become the solid waste management plan in effect for such authori-
    48  ty.  If the plan as submitted does not contain the elements set forth in
    49  paragraph  (b)  of this subdivision, the council shall state the reasons
    50  for its determination and require the state authority  to  re-submit  an
    51  amended plan for approval.
    52    §  2995.  New  construction, renovations and leases. 1. (a) The design
    53  and construction of any new buildings or facility,  or  the  substantial
    54  renovation  of  an  existing  building or facility, by a state authority
    55  shall comply with the  standards  and  regulations  promulgated  by  OGS
    56  pursuant to article four-C of the public buildings law. This subdivision

        A. 10036                            5
     1  shall also apply to a building or facility, fifty percent or more of the
     2  funding  for  the  purchase,  lease, design, construction or substantial
     3  renovation thereof is funded directly or indirectly by a state  authori-
     4  ty.
     5    (b)  For  the  purposes  of  this section, the term "substantial reno-
     6  vation" shall mean: a  capital  project  in  which  the  scope  of  work
     7  involves  at  least two of the following primary building systems: elec-
     8  trical, plumbing,  boiler,  elevator,  HVAC,  roof  replacement,  window
     9  replacement,  lighting or external masonry, painting and plastering; and
    10  the building area in which the construction is performed will be unoccu-
    11  pied due to the nature of the construction for thirty days or more.
    12    2. Any leases entered into by a state authority, including the renego-
    13  tiation or extension of existing leases, shall:
    14    (a) incorporate lease provisions that encourage energy and water effi-
    15  ciency wherever life-cycle cost-effective. Build-to-suit lease solicita-
    16  tions shall contain criteria encouraging sustainable design and develop-
    17  ment, energy efficiency, and verification of facility performance;
    18    (b) include a preference for facilities having the ENERGY STAR  build-
    19  ing  label  in their selection criteria for acquiring leased facilities;
    20  and
    21    (c) encourage lessors to apply for an ENERGY STAR building  label  and
    22  to  explore  and  implement  projects  that will reduce costs, including
    23  projects carried out through the lessors' energy-savings contracts.
    24    § 2996. Procurement. 1. Procurement from specification list.  (a)  All
    25  purchases  of  commodity, equipment, services and technologies made by a
    26  state authority shall be pursuant to procurement  lists  and  specifica-
    27  tions  promulgated  by  the state interagency committee.  Such committee
    28  shall review annually newly developed or manufactured products,  commod-
    29  ities,  equipment,  services  and  technologies, and shall issue updated
    30  procurement lists and specifications, if necessary.
    31    (b) In addition, all  state  authorities  shall  procure  commodities,
    32  equipment,  services  and technologies that meet or exceed the following
    33  minimum specifications:
    34    (1) Recycled content. To the maximum extent possible,  state  authori-
    35  ties  shall  seek  to  reduce  the  use  of  copy  paper and other paper
    36  products. Any purchase of copy paper and other paper supplies for  which
    37  the United States environmental protection agency has developed recycled
    38  content  recommendations  pursuant  to  section  six thousand two of the
    39  federal resource conservation and recovery act shall be required to meet
    40  or exceed the state authority's minimum post-consumer  material  content
    41  percentages  recommended in the most recent recovered materials advisory
    42  notice issued for such commodity  in  the  federal  register;  provided,
    43  however,  that  xerographic  paper  shall  contain  no  less than thirty
    44  percent post-consumer recycled content. All copy  and  janitorial  paper
    45  shall  be  processed  chlorine-free to the extent practicable. All state
    46  authorities shall print publications  on  recycled  paper,  and  minimum
    47  percentages  shall be met unless costs for such paper exceed the cost of
    48  other available commodities by more than ten percent.
    49    (2) Waste reduction. State authorities shall seek to reduce  waste  in
    50  products and packaging, including the formulation of policies to promote
    51  the  use  of  double-sided  copying  and printing to the greatest extent
    52  practicable. State authorities shall favor durability, repairability and
    53  reuse when purchasing supplies.
    54    2. If a commodity or equipment is not on a procurement list, the state
    55  authority shall select ENERGY STAR and  energy-efficient  products  when
    56  acquiring  energy-using products or equipment. For products or equipment

        A. 10036                            6
     1  for which ENERGY STAR labels are not yet available, the state  authority
     2  shall  follow the guidelines adopted by the department of state pursuant
     3  to article sixteen of the energy law that designate target energy  effi-
     4  ciency levels for such product or equipment.
     5    3.  A  state  authority may procure a commodity, equipment, service or
     6  technology through a process that does not comply with this section when
     7  the purchase of the  commodity,  equipment,  service  or  technology  is
     8  necessary  to  respond  to an emergency which endangers public health or
     9  safety, provided such authority shall within seven business days file  a
    10  written  report with the authority's budget office and the office of the
    11  state comptroller, which shall become part of  the  procurement  record.
    12  The report shall contain the following information:
    13    (a)  a  description  of  the  emergency that prevented compliance with
    14  subdivisions one and two of this section;
    15    (b) the name of the commodity or technology, or a description  of  the
    16  service, its use and intensity of use;
    17    (c)  a description of the steps being taken to safeguard public health
    18  and safety during the emergency; and
    19    (d) an explanation of how such an emergency  can  be  avoided  in  the
    20  future.
    21    4.  (a)  Beginning  one year after the effective date of this section,
    22  all state authorities, when procuring commodities,  equipment,  services
    23  or  technology, shall follow practices and develop solicitation specifi-
    24  cations that meet or exceed the minimum  specifications  established  in
    25  subdivision  one  of  this  section.  All such contracts shall include a
    26  statement describing how such minimum specifications were met.
    27    (b) In the event that a state authority receives no bids or  proposals
    28  that meet the specifications developed pursuant to paragraph (a) of this
    29  subdivision,  such agency or authority may withdraw the request for bids
    30  or proposals and begin a new procurement with new specifications without
    31  such specifications and award a contract in accordance with other appli-
    32  cable statutes; provided, however that such authority shall document the
    33  reasons why such procurement does not meet  the  minimum  specifications
    34  established in subdivision one of this section, and submit such documen-
    35  tation  for  inclusion  in  the  annual report required pursuant to this
    36  title and to the office of the state comptroller for  inclusion  in  the
    37  procurement  record,  provided  further  that  the  length  of  any such
    38  contract shall be limited to a period of two years. Prior to the  termi-
    39  nation  of  the  contract, the state authority shall issue a new request
    40  for bids or proposals with  the  specifications  developed  pursuant  to
    41  paragraph (a) of this subdivision.
    42    5. (a) Nothing in this section shall be construed as requiring a state
    43  authority  to procure a commodity, equipment, service or technology that
    44  does not meet the form, function and utility required by such authority,
    45  or as requiring a state authority to  procure  a  commodity,  equipment,
    46  service  or technology the cost of which exceeds the cost of an alterna-
    47  tive available commodity  or service by more than ten percent.
    48    (b) When determining and comparing costs, state agencies and  authori-
    49  ties  shall consider cost as defined in section one hundred sixty of the
    50  state finance law.
    51    6. Training and education. OGS, with the assistance of  the  DEC,  the
    52  department  of  health,  and the office of the state comptroller, within
    53  twelve months of the effective date of this section,  shall  design  and
    54  begin implementation of a training program for senior managers and state
    55  authority  staff  involved in procurement to familiarize them with their
    56  responsibilities under this section  and ensure the effective and  effi-

        A. 10036                            7
     1  cient  implementation  of  the  provisions of this section. Such program
     2  shall provide for new employee training and ongoing training.
     3    §  2997.  State authorities energy efficiency council. There is hereby
     4  established within DEC a state authorities  energy  efficiency  council.
     5  The  commissioner  of DEC shall determine the number of, and appoint the
     6  members to the council, provided that there shall be at least one repre-
     7  sentative each from NYSERDA and OGS. The council  shall  be  responsible
     8  for  monitoring,  overseeing and reporting on the actions taken by state
     9  authorities to achieve the energy reduction targets required under  this
    10  title, and shall have the following duties and responsibilities:
    11    1. Develop formats for the energy efficiency plan, solid waste manage-
    12  ment  plan  and progress reports, and establish the dates for submission
    13  of the plans and reports;
    14    2. Assist state authorities and  their  coordinators  to  prepare  the
    15  energy  efficiency  and  waste management plans, to implement the plans,
    16  and to meet the targets and goals set forth in this title;
    17    3. Approve the energy efficiency plan or waste management plan submit-
    18  ted by a state authority;
    19    4. Evaluate the progress of state authorities  in  implementing  their
    20  energy  efficiency  and  waste management plans, and meeting the targets
    21  and goals set forth in this title;
    22    5. Compile the information  submitted  by  state  authorities  in  the
    23  progress  reports  and  report on the progress made toward achieving the
    24  goals described in the efficiency plan;
    25    6. Provide technical assistance  to  state  authorities  necessary  to
    26  satisfy reporting requirements;
    27    7.  Develop  and  maintain data management systems as are necessary to
    28  document energy usage in a manner consistent with, and  in  support  of,
    29  the  development and implementation of the energy efficiency targets and
    30  goals;
    31    8. Prepare an annual report to the governor and the legislature pursu-
    32  ant to section twenty-nine hundred ninety-eight of this title.
    33    § 2998. Reports. 1. Progress reports. (a) Each state  authority  shall
    34  prepare and submit to the council an annual progress report in a form or
    35  manner, containing such information or data, and on such date determined
    36  by  the  council. The report shall be certified as accurate and complete
    37  by the executive director of the state authority.
    38    (b) At a minimum, such report shall describe:
    39    (1) the state authority's efforts regarding reduction  in  energy  and
    40  water  consumption;  waste  reduction and recycling activities; recycled
    41  product procurement; quantities of material recycled;
    42    (2) the progress made toward achieving the targets and goals  mandated
    43  in this title;
    44    (3)  the  progress  made toward increasing the use of renewable energy
    45  sources; and
    46    (4) barriers to achieving progress towards  meeting  the  targets  and
    47  goals.
    48    2. Annual report. The council shall prepare and submit to the governor
    49  and the legislature an annual report, which shall contain the following:
    50    (a)  a  summary  of the results from the progress reports submitted by
    51  the state authorities;
    52    (b) a description of the overall progress  by  the  state  authorities
    53  towards  achieving  the  energy  consumption  and  water  use  reduction
    54  targets;
    55    (c) a description of the overall progress  by  the  state  authorities
    56  towards implementing their waste management plans;

        A. 10036                            8
     1    (d)  a  comparison of results of energy efficiency activities taken by
     2  the state authorities during prior years;
     3    (e)  identifying  those  state  authorities that have performed poorly
     4  towards achieving the efficiency targets and goals or implementing their
     5  waste management plan;
     6    (f) recommendations to improve or enhance the  energy  efficiency  and
     7  waste management efforts of state authorities.
     8    §  2999.  Assistance  from  other authorities. Upon the request of any
     9  state authority that is subject to the provisions of this title and that
    10  is located in its service areas, NYSERDA or OGS, whichever is  appropri-
    11  ate,  shall  provide  whatever  assistance  necessary  to help the state
    12  authority meet the energy efficiency targets and other goals established
    13  in this title. Such assistance shall include, but not be limited to:
    14    1. financing and developing programs to  increase  the  efficiency  of
    15  energy use and to facilitate the development of co-generation;
    16    2.  financing,  designing,  developing and providing energy efficiency
    17  and clean energy technology projects, programs and services;
    18    3.  financing,  designing,  developing  and  providing  programs   and
    19  services  related to renovation or retrofitting of buildings and facili-
    20  ties to address energy  efficiency,  energy  conservation,  the  use  of
    21  renewable energy and the reduction of air and other pollution.
    22    § 2. Severability. If any clause, sentence, paragraph, section or part
    23  of  this act shall be adjudged by any court of competent jurisdiction to
    24  be invalid, the judgment shall not affect,  impair,  or  invalidate  the
    25  remainder thereof, but shall be confined in its operation to the clause,
    26  sentence,  paragraph,  section  or part thereof directly involved in the
    27  controversy in which the judgment shall have been rendered.
    28    § 3. This act shall take effect immediately.