Bill Text: NY S00690 | 2021-2022 | General Assembly | Introduced

Bill Title: Directs the NY power authority to oversee mandated energy reduction efforts in state and public authority owned and managed buildings.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2021-01-06 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S00690 Detail]

Download: New_York-2021-S00690-Introduced.html

                STATE OF NEW YORK


                               2021-2022 Regular Sessions

                    IN SENATE


                                     January 6, 2021

        Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on  Energy  and  Telecommuni-

        AN  ACT  to  amend  the public authorities law, in relation to directing
          state agencies and public authorities to reduce their energy use,  and
          to prepare reports of their actions and achievements relating to ener-
          gy efficiency and provide such reports to the New York power authority

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1.  Section 1005 of the public authorities law is  amended  by
     2  adding a new subdivision 28 to read as follows:
     3    28.    Energy  efficiency improvements of state buildings shall be the
     4  responsibility of the state agencies  and  authorities.  Notwithstanding
     5  any  law  to the contrary, all "affected state entities" ("ASEs"), which
     6  includes all agencies and departments over which the governor has execu-
     7  tive authority, and all public-benefit corporations, public  authorities
     8  and  commissions  for  which  the governor appoints the chair, the chief
     9  executive or the majority of board members, except for the Port Authori-
    10  ty of New York and New Jersey, shall  be  responsible  for  collectively
    11  reducing  their  energy use for all state-owned and managed buildings by
    12  at least twenty percent from a baseline established as of March  thirty-
    13  first,  two  thousand  fourteen  for  such buildings by April first, two
    14  thousand twenty-seven ("target").
    15    (a) The authority shall establish a central management and implementa-
    16  tion team ("CMIT") to oversee  the  ASEs  and  administer  any  programs
    17  necessary to achieve the target. The CMIT is hereby authorized to:
    18    (i) take all appropriate measures to ensure that the target is met;
    19    (ii) direct ASEs to comply with the requirements of this subdivision;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 690                              2

     1    (iii)  create  guidelines  ("guidelines")  to assist ASEs in complying
     2  with the requirements of this subdivision, and  thereafter  update  such
     3  guidelines as necessary;
     4    (iv) provide strategic, technical, and other assistance to each ASE to
     5  support implementation of the target;
     6    (v)  develop  annual milestones for achieving the target over the next
     7  seven years within twelve months of the effective date of this  subdivi-
     8  sion;
     9    (vi)  develop  and  implement  reporting requirements to document each
    10  ASE's progress toward meeting the target;
    11    (vii) develop a comprehensive operations and maintenance plan for  the
    12  state's  building  portfolio  to help achieve no cost and low cost effi-
    13  ciency improvements and ensure that efficiency savings are sustained;
    14    (viii) submit an annual report to the governor by January fifteenth of
    15  each year detailing the overall progress ASEs are making toward  meeting
    16  the target.
    17    (b)  In  addition to the requirements established in this subdivision,
    18  each ASE shall comply with the following:
    19    (i) For each state fiscal year, each ASE shall measure the energy  use
    20  in  state-owned and managed buildings having an area greater than twenty
    21  thousand square feet;
    22    (ii) Buildings that receive low benchmark scores, as  defined  by  the
    23  guidelines, shall undergo an American Society of Heating, Refrigeration,
    24  and  Air-Conditioning Engineers ("ASHRAE") Level II energy audit, or any
    25  other comparable audit that the CMIT approves.  In  addition  to  energy
    26  efficiency  measures,  the audits shall identify opportunities for cost-
    27  effective on-site renewable generation and high-efficiency combined heat
    28  and power;
    29    (iii) ASEs shall implement  a  cost-effective  portfolio  of  measures
    30  identified  and  recommended  in  the  audit  and shall complete or make
    31  substantial progress toward completion of such measures within two years
    32  of completion of the audit. A portfolio may include, but  shall  not  be
    33  limited to, no- and low-cost operational improvements, retro-commission-
    34  ing, capital energy efficiency retrofits, on-site renewable and high-ef-
    35  ficiency  combined  heat and power, and other measures identified by the
    36  CMIT;
    37    (iv) ASEs shall work with the CMIT to prioritize sub-metering for  all
    38  relevant  energy  sources  of buildings larger than one hundred thousand
    39  square feet on a master-metered campus to identify ways to finance  such
    40  sub-metering. All buildings having an area larger than one hundred thou-
    41  sand square feet on master-metered campuses shall be sub-metered for all
    42  fuels  and  other  energy sources by December thirty-first, two thousand
    43  twenty-three, to enable individual building benchmarking, unless the ASE
    44  that owns or operates the building can demonstrate to the CMIT  that  it
    45  is not cost-effective or feasible to do so;
    46    (v)  ASEs  shall  include  an energy efficiency analysis in the design
    47  phase of all capital project plans. The capital project  should  include
    48  energy  efficient  measures  or  technologies  determined to be the most
    49  cost-effective, as defined by the guidelines;
    50    (vi) ASEs may receive credit towards the target for increasing  energy
    51  efficiency in leased space. In addition, ASEs may receive credit towards
    52  meeting  the  target  for installing on-site renewable generation if the
    53  host site for such renewable generation has deployed all  cost-effective
    54  energy  efficiency improvements consistent with the goals of this subdi-
    55  vision. ASEs shall consult with and apply to the  CMIT  concerning  such
    56  credits;

        S. 690                              3

     1    (vii)  No  later  than  October  first of each calendar year, each ASE
     2  shall submit all information requested by the CMIT  on  all  state-owned
     3  and  managed  buildings having an area over twenty thousand square feet,
     4  as well as any other information related to  assessing  compliance  with
     5  the  requirements of this subdivision. The CMIT is authorized to provide
     6  exemptions for good cause shown  pursuant  to  criteria  and  procedures
     7  established  in  the  guidelines,  including  exemptions associated with
     8  buildings that have obtained  and  maintained  Energy  Star  or  similar
     9  certification,  or  have  benchmark scores placing such buildings in the
    10  top quartile of comparable buildings for the particular year  at  issue.
    11  All  ASEs  shall submit results for annual exemptions to the CMIT in the
    12  annual report.  Electric usage attributable to  vehicle  charging  shall
    13  not  be  included  in the target and other requirements of this subdivi-
    14  sion.
    15    § 2. This act shall take effect immediately.