Bill Text: NY S00838 | 2021-2022 | General Assembly | Introduced

Bill Title: Relates to establishing the energy performance benchmarking program.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2021-01-06 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S00838 Detail]

Download: New_York-2021-S00838-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 and the environmental conser-
          vation  law, in relation to establishing the energy performance bench-
          marking program

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

     1    Section  1.  The  legislature  hereby finds and declares that New York
     2  state is dedicated to the mutually  compatible  goals  of  environmental
     3  protection,  energy  security,  and  economic  growth; increasing energy
     4  efficiency has been identified as among the most cost-effective  methods
     5  for  reducing greenhouse gas and other environmental pollutant emissions
     6  and increasing energy security; increasing energy efficiency can lead to
     7  increased jobs and a reduction in building operating expenses;  and  New
     8  York  state  is  committed  to  implementing new policies to promote the
     9  efficient use of energy and natural resources in  the  interest  of  the
    10  long-term protection and enhancement of the state's environment, economy
    11  and public health.
    12    §  2.  The  public  authorities law is amended by adding a new section
    13  1018 to read as follows:
    14    § 1018.  Benchmarking.  1.  Definitions.  For  the  purposes  of  this
    15  section, the following terms are defined as follows:
    16    a.  "Affected  state  entities" means (i) all agencies and departments
    17  over which the governor has executive authority,  and  (ii)  all  public
    18  benefit  corporations, public authorities and commissions, for which the
    19  governor appoints the chair, the chief executive,  or  the  majority  of
    20  board members, except for the port authority of New York and New Jersey.

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

        S. 838                              2

     1    b.  "Average  source  energy use intensity" or "average EUI" means the
     2  average source energy use  per  square  foot  for  all  state-owned  and
     3  managed buildings.
     4    c. "Source energy" means all the energy used in delivering energy to a
     5  site, including power generation, transmission and distribution losses.
     6    2.  Energy  reduction target. By April first, two thousand twenty-six,
     7  all affected state entities shall collectively reduce the average EUI in
     8  state-owned and managed buildings by at  least  twenty  percent  from  a
     9  baseline  of the average EUI of such buildings for state fiscal year two
    10  thousand sixteen--two thousand seventeen ("target").
    11    3. Obligations to meet target. a. Central management  and  implementa-
    12  tion  team:  the  New  York  power  authority ("NYPA") shall establish a
    13  central management and implementation team ("CMIT") to  administer  this
    14  section.  (i) The CMIT is hereby directed and authorized to:
    15    (a) take all appropriate measures to ensure that the target is met;
    16    (b)  direct affected state entities to comply with the requirements of
    17  this section;
    18    (c) create guidelines ("guidelines") within nine months of the  effec-
    19  tive date of this section to assist affected state entities in complying
    20  with this section, and thereafter update such guidelines as necessary;
    21    (d)  provide  strategic,  technical,  and  other  assistance  to  each
    22  affected state entity to support implementation of this section;
    23    (e) develop annual milestones for achieving the target over  the  next
    24  seven years within twelve months of the effective date of this section;
    25    (f)  develop  and  implement  reporting  requirements to document each
    26  affected state entity's progress toward meeting the target;
    27    (g) develop a comprehensive operations and maintenance  plan  for  the
    28  state's  building  portfolio  to help achieve no-cost and low-cost effi-
    29  ciency improvements and ensure that efficiency  savings  are  sustained;
    30  and
    31    (h)  submit  an  annual report to the governor by January fifteenth of
    32  each year, beginning in two thousand twenty-one, detailing  the  overall
    33  progress  affected  state  entities are making toward meeting the target
    34  requirements. The target requirements for the  annual  report  shall  be
    35  contained in the guidelines.
    36    (ii)  The  office  of  general  services and the New York state energy
    37  research and development authority are hereby directed to provide  tech-
    38  nical  assistance  to  the  CMIT and each of the affected state entities
    39  with respect to complying with and implementing the requirements of this
    40  section and those established by the CMIT pursuant to this section.
    41    b. Affected state entities. In addition  to  the  requirements  estab-
    42  lished  above, each of the affected state entities shall comply with the
    43  following:
    44    (i) Benchmarking. For each state  fiscal  year,  each  affected  state
    45  entity shall measure the energy use in state-owned and managed buildings
    46  having  an  area  greater than twenty thousand square feet. Buildings on
    47  master-metered campuses shall be benchmarked at the campus  level  until
    48  they  are  sub-metered  at  the  building level, after which point those
    49  buildings shall be benchmarked at the building level.
    50    (ii) Audits. Buildings that receive low benchmark scores,  as  defined
    51  by the guidelines, shall undergo an American society of heating, refrig-
    52  eration and air-conditioning engineers ("ASHRAE") level II energy audit,
    53  or any other comparable audit that the CMIT approves. Campuses that have
    54  above-average  EUIs  or  poor benchmark scores, as defined by the guide-
    55  lines, or are otherwise prioritized by the affected state  entities  and
    56  the  CMIT,  shall  undergo a campus-wide ASHRAE level II energy audit or

        S. 838                              3

     1  any other comparable audit approved by the CMIT. In addition  to  energy
     2  efficiency  measures,  the  audits shall identify opportunities for cost
     3  effective on-site renewable generation and high-efficiency combined heat
     4  and power.
     5    (iii)  Required  capital  projects  and  energy optimization measures.
     6  Affected state entities shall implement a  cost-effective  portfolio  of
     7  measures  identified  and recommended in the audit and shall complete or
     8  make substantial progress toward completion of such measures within  two
     9  years of completion of the audit. A portfolio may include, but shall not
    10  be  limited to, no- and low-cost operational improvements, retro-commis-
    11  sioning, capital energy  efficiency  retrofits,  on-site  renewable  and
    12  high-efficiency  combined  heat and power, and other measures identified
    13  by the CMIT.
    14    (iv) Sub-metering. Affected state entities shall work with the CMIT to
    15  prioritize sub-metering for all relevant  energy  sources  of  buildings
    16  larger  than one hundred thousand square feet on a master-metered campus
    17  to identify ways to finance such sub-metering. All buildings  having  an
    18  area  larger  than  one  hundred  thousand square feet on master-metered
    19  campuses shall be sub-metered for all fuels and other energy sources  by
    20  December  thirty-first,  two  thousand  twenty-two, to enable individual
    21  building benchmarking unless the affected  state  entity  that  owns  or
    22  operates  the  building can demonstrate to the CMIT that it is not cost-
    23  effective or feasible to do so.
    24    (v) Incorporating energy efficiency analysis in the  capital  planning
    25  process.  As  part  of  the capital planning process, all affected state
    26  entities shall include an energy efficiency analysis in the design phase
    27  of all capital project plans. The capital project shall  include  energy
    28  efficient measures or technologies determined to be the most cost-effec-
    29  tive, as defined by the guidelines.
    30    (vi)  Credits.  Affected state entities may receive credit towards the
    31  target for increasing energy efficiency in leased  space.  In  addition,
    32  affected  state  entities  may receive credit towards meeting the target
    33  for installing on-site renewable generation if the host  site  for  such
    34  renewable  generation  has deployed all cost-effective energy efficiency
    35  improvements consistent with the goals of this section.  Affected  state
    36  entities  shall consult with and apply to the CMIT concerning such cred-
    37  its.
    38    (vii) Reporting. No later than October first of  each  calendar  year,
    39  each affected state entity shall submit all information requested by the
    40  CMIT on all state-owned and managed buildings having an area over twenty
    41  thousand  square  feet,  as  well  as  any  other information related to
    42  assessing compliance with this section.
    43    c. Exemptions. Electric usage attributable to vehicle  charging  shall
    44  not be included in the target and requirements of this section. The CMIT
    45  is  authorized to provide other exemptions for good cause shown pursuant
    46  to criteria and procedures  established  in  the  guidelines,  including
    47  exceptions  associated  with buildings that have obtained and maintained
    48  ENERGY STAR or similar certification, or have benchmark  scores  placing
    49  such  buildings  in  the  top  quartile  of comparable buildings for the
    50  particular year at issue. Affected state entities shall submit  requests
    51  for  annual  exemptions to the CMIT. Any such request for exemptions and
    52  resulting determination by the CMIT shall  be  included  in  the  annual
    53  report.
    54    §  3.  Article  19 of the environmental conservation law is amended by
    55  adding a new title 13 to read as follows:

        S. 838                              4

     1                                  TITLE 13
     2                                BENCHMARKING
     3  Section 19-1301. Benchmarking.
     4  § 19-1301. Benchmarking.
     5    The  energy and water use of covered buildings shall be benchmarked in
     6  accordance with this section.
     7    1. Definitions. As used in this section,  the  following  terms  shall
     8  have the following meanings:
     9    a.  "Benchmark" means to input and submit to the benchmarking tool the
    10  total use of energy and water for a building for the  previous  calendar
    11  year  and other descriptive information for such building as required by
    12  the benchmarking tool.
    13    b. "Benchmarking tool" means the internet-based database system devel-
    14  oped by the United  States  environmental  protection  agency,  and  any
    15  complementary  interface  designated  by  the  department,  to track and
    16  assess the energy and water use of certain buildings relative to similar
    17  buildings.
    18    c. "Covered building" means as  it  appears  in  the  records  of  the
    19  department of taxation and finance:
    20    (i)(a)  a  building that exceeds fifty thousand gross square feet, (b)
    21  two or more buildings on the same  tax  lot  that  together  exceed  one
    22  hundred thousand gross square feet, or (c) two or more buildings held in
    23  the condominium form of ownership that are governed by the same board of
    24  managers  and  that  together  exceed  one hundred thousand gross square
    25  feet.
    26    (ii) Exception: The term "covered building" shall not include:
    27    (a) Any building that is a government building.
    28    (b) Any building that is owned by the government.
    29    (c) Real property classified as class one pursuant to subdivision  one
    30  of section eighteen hundred two of the real property tax law.
    31    d.  "Data  center"  means a room or rooms used primarily to house high
    32  density computing equipment, such as server racks, used for data storage
    33  and processing.
    34    e. "Dwelling unit" means a single unit consisting of one or more habi-
    35  table rooms, occupied or arranged to be occupied as a unit separate from
    36  all other units within a building, and used  primarily  for  residential
    37  purposes and not primarily for professional or commercial purposes.
    38    f. "Energy" means electricity, natural gas, fuel oil and steam.
    39    g.  "Owner"  means the owner of record, provided that "owner" shall be
    40  deemed to include:
    41    (i) the net lessee in the case of a building subject to  a  net  lease
    42  with  a  term  of  at  least  forty-nine years, inclusive of all renewal
    43  options,
    44    (ii) the board of managers in the case of a condominium, and
    45    (iii) the board of directors in the case of  a  cooperative  apartment
    46  corporation.
    47    h.  "Tenant"  means  any  tenant,  tenant-stockholder of a cooperative
    48  apartment corporation, condominium unit or owner or other occupant.
    49    2. Benchmarking required for covered buildings. The owner of a covered
    50  building shall annually benchmark such covered building  no  later  than
    51  May  first, two thousand twenty-three, and no later than every May first
    52  thereafter. Benchmarking of water use shall not be required  unless  the
    53  building  was  equipped  with  automatic  meter reading equipment by the
    54  department for the entirety of the previous calendar year. The owner  or
    55  the  owner's  representative  performing  the benchmarking shall consult
    56  with the operating staff of the building, as appropriate.

        S. 838                              5

     1    a. Obligation to request and to report information. Where  a  unit  or
     2  other  space in a covered building, other than a dwelling unit, is occu-
     3  pied by a tenant and such unit or space is separately metered by a util-
     4  ity company, the owner of such building shall request from  such  tenant
     5  information  relating to such tenant's separately metered energy use for
     6  the previous calendar year and such tenant shall report such information
     7  to such owner.
     8    (i) Owner solicitation of tenant information. Such owner shall request
     9  information relating to such tenant's separately metered energy use  for
    10  the  previous  calendar  year no earlier than January first and no later
    11  than January thirty-first of any year in which the owner is required  to
    12  benchmark  such  building.  The  department  may require that such owner
    13  provide such tenant with a form designated by the department  to  report
    14  such information.
    15    (ii)  Tenant reporting of information. Such tenant shall report infor-
    16  mation relating to such tenant's separately metered energy use  for  the
    17  previous  calendar  year no later than February fifteenth of any year in
    18  which the owner is required to benchmark such building. Such information
    19  shall be reported in a form and manner determined by the department.
    20    (iii) Provision of information prior  to  vacating  a  unit  or  other
    21  space.    Where  such  owner receives notice that such tenant intends to
    22  vacate such unit or other space before reporting information in  accord-
    23  ance  with this paragraph, such owner shall request information relating
    24  to such tenant's energy use for any period of occupancy relevant to such
    25  owner's obligation to benchmark.  Any  such  tenant  shall  report  such
    26  information to the owner of such building prior to vacating such unit or
    27  other  space  or, if such information is not available prior to vacating
    28  such unit or other space, as soon as practicable thereafter,  regardless
    29  of  whether  such  owner  has  requested  information  pursuant  to this
    30  section. Such information shall be reported in a form and manner  deter-
    31  mined by the department.
    32    (iv)  Continuing  obligation  to  benchmark. The failure of any or all
    33  tenants to report the information required  by  this  paragraph  to  the
    34  owner shall not relieve such owner of the obligation to benchmark pursu-
    35  ant  to  this  title,  provided that such owner shall not be required to
    36  benchmark such information reported by a tenant unless otherwise  avail-
    37  able to such owner.
    38    b. Preservation of documents, inspection, and audit. Owners of covered
    39  buildings  shall  maintain such records as the department determines are
    40  necessary for carrying out the purposes of this article,  including  but
    41  not limited to energy and water bills and reports or forms received from
    42  tenants.  Such  records  shall be preserved for a period of three years,
    43  provided that the commissioner may consent to their  destruction  within
    44  that  period  or  may require that such records be preserved longer than
    45  such period. At the request of the department,  such  records  shall  be
    46  made  available  for inspection and audit by the department at the place
    47  of business of the owner or at the  offices  of  the  department  during
    48  normal business hours.
    49    c.  Violations. It shall be unlawful for the owner of a covered build-
    50  ing to fail to benchmark pursuant to this subdivision.  The commissioner
    51  shall classify such violation as a lesser violation.
    52    3. Direct upload. Information shall be directly uploaded to the bench-
    53  marking tool in accordance with the following:
    54    a. Direct upload by a utility company or other source. The  department
    55  shall  encourage  and facilitate any utility company or any other source
    56  authorized by the department to  upload  directly  to  the  benchmarking

        S. 838                              6

     1  tool,  as  soon  as  practicable,  information  necessary to benchmark a
     2  building. Where information is uploaded  directly  to  the  benchmarking
     3  tool by a utility company or other authorized source, owners and tenants
     4  shall  not  be obligated to request and report such information pursuant
     5  to subparagraph (ii)  of  paragraph  (a)  of  subdivision  two  of  this
     6  section.
     7    b.  Direct  upload  by  the  department.  The  department shall upload
     8  directly to the benchmarking tool information on water use at all build-
     9  ings that were equipped with automatic meter reading  equipment  by  the
    10  department  for  the entirety of the previous calendar year and that are
    11  subject to the benchmarking requirements of this title.
    12    4. Suspension. The  commissioner  may  suspend  all  or  part  of  the
    13  requirement  to  benchmark pursuant to this title upon a written finding
    14  that a technological  deficiency  in  the  benchmarking  tool  precludes
    15  compliance with this title. The commissioner may lift all or part of any
    16  such  suspension  upon  a  written finding that such deficiency has been
    17  corrected. The department shall notify the governor, the speaker of  the
    18  assembly,  the  temporary president of the senate, and the department of
    19  taxation and finance promptly upon issuing a  suspension  or  lifting  a
    20  suspension pursuant to this section.
    21    5.  Notification  and  transmission  of information. The department of
    22  taxation and finance shall:
    23    a. Annually notify owners of covered buildings of their obligation  to
    24  benchmark pursuant to subdivision two of this section, provided that the
    25  failure  of  the  department  of taxation and finance to notify any such
    26  owner shall not affect the obligation of such owner to benchmark  pursu-
    27  ant to such section.
    28    b.  Notify owners of covered buildings of any suspension or lifting of
    29  a suspension pursuant to subdivision four of this section.
    30    c. Make available to the department information  regarding  owners  of
    31  covered buildings for which no benchmarking information was generated by
    32  the benchmarking tool.
    33    6.  Disclosure.  The  department  of  taxation  and finance shall make
    34  information generated by the benchmarking tool available to  the  public
    35  on the internet no later than September first, two thousand twenty-four,
    36  no  later  than  every  September first thereafter for covered buildings
    37  whose primary use is residential, as determined  by  the  department  of
    38  taxation  and  finance,  and no later than September first, two thousand
    39  twenty-five, and no later than  every  September  first  thereafter  for
    40  covered buildings whose primary use is residential, as determined by the
    41  department of taxation and finance.  Such information shall include, but
    42  need not be limited to:
    43    a. the energy utilization index,
    44    b. the water use per gross square foot,
    45    c. where available, a rating that compares the energy and water use of
    46  the building to that of similar buildings, and
    47    d.  a  comparison  of  data  across  calendar years for any years such
    48  building was benchmarked. Information generated by the benchmarking tool
    49  for the two thousand twenty-two calendar year for covered buildings, and
    50  for the two thousand twenty-three calendar year  for  covered  buildings
    51  whose  primary  use  is  residential, as determined by the department of
    52  taxation and finance, shall not be disclosed. Exception: Ratings  gener-
    53  ated  by  the  benchmarking  tool for a covered building that contains a
    54  data center, television  studio,  and/or  trading  floor  that  together
    55  exceed  ten  percent  of  the  gross square footage of any such building
    56  shall not be disclosed until the department determines that  the  bench-

        S. 838                              7

     1  marking tool can make adequate adjustments for such facilities. When the
     2  department  determines  that the benchmarking tool can make such adjust-
     3  ments, it shall report such determination to the governor,  the  speaker
     4  of  the  assembly  and the temporary president of the senate. Until such
     5  determination is made, the department shall  report  biennially  to  the
     6  governor, the speaker of the assembly and the temporary president of the
     7  senate that the benchmarking tool is unable to make such adjustments.
     8    7.  Report.  No later than December thirty-first of two thousand twen-
     9  ty-four and two thousand twenty-five, respectively, the department shall
    10  prepare, submit to the governor, the speaker of the assembly, the tempo-
    11  rary president of the senate, and post on the internet a report  review-
    12  ing  and evaluating the administration and enforcement of this title and
    13  analyzing data obtained from the benchmarking tool.  Such  report  shall
    14  contain information regarding:
    15    a.  the  energy  and  water  efficiency  of  buildings covered by this
    16  section,
    17    b. the accuracy of benchmarked data and whether there  is  a  need  to
    18  train and/or certify individuals who benchmark,
    19    c. compliance with the requirements of this title,
    20    d.  any administrative and legislative recommendations for strengthen-
    21  ing the administration and enforcement of this title,
    22    e. the effectiveness of the benchmarking tool in accounting for  state
    23  of  New  York  conditions,  including,  but not limited to, high density
    24  occupancies, use of steam, large building size, and specific high-energy
    25  uses such as data centers, television studios, and trading floors, and
    26    f. such other information and analyses as the department deems  appro-
    27  priate.
    28    8.  Rules.   The department and the department of taxation and finance
    29  may  promulgate  such  rules  as  deemed  necessary  to  carry  out  the
    30  provisions of this title.
    31    § 4. This act shall take effect immediately.