Bill Text: NY S07069 | 2013-2014 | General Assembly | Introduced

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

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-05-13 - REPORTED AND COMMITTED TO FINANCE [S07069 Detail]

Download: New_York-2013-S07069-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7069
                                   I N  S E N A T E
                                    April 23, 2014
                                      ___________
       Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
         printed to be committed to the Committee on  Energy  and  Telecommuni-
         cations
       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 24 to read as follows:
    3    24.    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 ELEVEN FOR SUCH BUILDINGS BY APRIL FIRST, TWO THOU-
   14  SAND TWENTY ("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;
   20    (III)  CREATE  GUIDELINES  ("GUIDELINES")  TO ASSIST ASES IN COMPLYING
   21  WITH THE REQUIREMENTS OF THIS SUBDIVISION, AND  THEREAFTER  UPDATE  SUCH
   22  GUIDELINES AS NECESSARY;
   23    (IV) PROVIDE STRATEGIC, TECHNICAL, AND OTHER ASSISTANCE TO EACH ASE TO
   24  SUPPORT IMPLEMENTATION OF THE TARGET;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14801-02-4
       S. 7069                             2
    1    (V)  DEVELOP  ANNUAL MILESTONES FOR ACHIEVING THE TARGET OVER THE NEXT
    2  SEVEN YEARS WITHIN TWELVE MONTHS OF THE EFFECTIVE DATE OF THIS  SUBDIVI-
    3  SION;
    4    (VI)  DEVELOP  AND  IMPLEMENT  REPORTING REQUIREMENTS TO DOCUMENT EACH
    5  ASE'S PROGRESS TOWARD MEETING THE TARGET;
    6    (VII) DEVELOP A COMPREHENSIVE OPERATIONS AND MAINTENANCE PLAN FOR  THE
    7  STATE'S  BUILDING  PORTFOLIO  TO HELP ACHIEVE NO COST AND LOW COST EFFI-
    8  CIENCY IMPROVEMENTS AND ENSURE THAT EFFICIENCY SAVINGS ARE SUSTAINED;
    9    (VIII) SUBMIT AN ANNUAL REPORT TO THE GOVERNOR BY JANUARY FIFTEENTH OF
   10  EACH YEAR DETAILING THE OVERALL PROGRESS ASES ARE MAKING TOWARD  MEETING
   11  THE TARGET.
   12    (B)  IN  ADDITION TO THE REQUIREMENTS ESTABLISHED IN THIS SUBDIVISION,
   13  EACH ASE SHALL COMPLY WITH THE FOLLOWING:
   14    (I) FOR EACH STATE FISCAL YEAR, EACH ASE SHALL MEASURE THE ENERGY  USE
   15  IN  STATE-OWNED AND MANAGED BUILDINGS HAVING AN AREA GREATER THAN TWENTY
   16  THOUSAND SQUARE FEET;
   17    (II) BUILDINGS THAT RECEIVE LOW BENCHMARK SCORES, AS  DEFINED  BY  THE
   18  GUIDELINES, SHALL UNDERGO AN AMERICAN SOCIETY OF HEATING, REFRIGERATION,
   19  AND  AIR-CONDITIONING ENGINEERS ("ASHRAE") LEVEL II ENERGY AUDIT, OR ANY
   20  OTHER COMPARABLE AUDIT THAT THE CMIT APPROVES.  IN  ADDITION  TO  ENERGY
   21  EFFICIENCY   MEASURES,  THE  AUDITS  SHALL  IDENTIFY  OPPORTUNITIES  FOR
   22  COST-EFFECTIVE ON-SITE RENEWABLE GENERATION AND HIGH-EFFICIENCY COMBINED
   23  HEAT AND POWER;
   24    (III) ASES SHALL IMPLEMENT  A  COST-EFFECTIVE  PORTFOLIO  OF  MEASURES
   25  IDENTIFIED  AND  RECOMMENDED  IN  THE  AUDIT  AND SHALL COMPLETE OR MAKE
   26  SUBSTANTIAL PROGRESS TOWARD COMPLETION OF SUCH MEASURES WITHIN TWO YEARS
   27  OF COMPLETION OF THE AUDIT. A PORTFOLIO MAY INCLUDE, BUT  SHALL  NOT  BE
   28  LIMITED TO, NO- AND LOW-COST OPERATIONAL IMPROVEMENTS, RETRO-COMMISSION-
   29  ING, CAPITAL ENERGY EFFICIENCY RETROFITS, ON-SITE RENEWABLE AND HIGH-EF-
   30  FICIENCY  COMBINED  HEAT AND POWER, AND OTHER MEASURES IDENTIFIED BY THE
   31  CMIT;
   32    (IV) ASES SHALL WORK WITH THE CMIT TO PRIORITIZE SUB-METERING FOR  ALL
   33  RELEVANT  ENERGY  SOURCES  OF BUILDINGS LARGER THAN ONE HUNDRED THOUSAND
   34  SQUARE FEET ON A MASTER-METERED CAMPUS TO IDENTIFY WAYS TO FINANCE  SUCH
   35  SUB-METERING. ALL BUILDINGS HAVING AN AREA LARGER THAN ONE HUNDRED THOU-
   36  SAND SQUARE FEET ON MASTER-METERED CAMPUSES SHALL BE SUB-METERED FOR ALL
   37  FUELS  AND  OTHER  ENERGY SOURCES BY DECEMBER THIRTY-FIRST, TWO THOUSAND
   38  SIXTEEN, TO ENABLE INDIVIDUAL BUILDING BENCHMARKING, UNLESS THE ASE THAT
   39  OWNS OR OPERATES THE BUILDING CAN DEMONSTRATE TO THE CMIT THAT IT IS NOT
   40  COST-EFFECTIVE OR FEASIBLE TO DO SO;
   41    (V) ASES SHALL INCLUDE AN ENERGY EFFICIENCY  ANALYSIS  IN  THE  DESIGN
   42  PHASE  OF  ALL CAPITAL PROJECT PLANS. THE CAPITAL PROJECT SHOULD INCLUDE
   43  ENERGY EFFICIENT MEASURES OR TECHNOLOGIES  DETERMINED  TO  BE  THE  MOST
   44  COST-EFFECTIVE, AS DEFINED BY THE GUIDELINES;
   45    (VI)  ASES MAY RECEIVE CREDIT TOWARDS THE TARGET FOR INCREASING ENERGY
   46  EFFICIENCY IN LEASED SPACE. IN ADDITION, ASES MAY RECEIVE CREDIT TOWARDS
   47  MEETING THE TARGET FOR INSTALLING ON-SITE RENEWABLE  GENERATION  IF  THE
   48  HOST  SITE FOR SUCH RENEWABLE GENERATION HAS DEPLOYED ALL COST-EFFECTIVE
   49  ENERGY EFFICIENCY IMPROVEMENTS CONSISTENT WITH THE GOALS OF THIS  SUBDI-
   50  VISION.  ASES  SHALL  CONSULT WITH AND APPLY TO THE CMIT CONCERNING SUCH
   51  CREDITS;
   52    (VII) NO LATER THAN OCTOBER FIRST OF  EACH  CALENDAR  YEAR,  EACH  ASE
   53  SHALL  SUBMIT  ALL  INFORMATION REQUESTED BY THE CMIT ON ALL STATE-OWNED
   54  AND MANAGED BUILDINGS HAVING AN AREA OVER TWENTY THOUSAND  SQUARE  FEET,
   55  AS  WELL  AS  ANY OTHER INFORMATION RELATED TO ASSESSING COMPLIANCE WITH
   56  THE REQUIREMENTS OF THIS SUBDIVISION. THE CMIT IS AUTHORIZED TO  PROVIDE
       S. 7069                             3
    1  EXEMPTIONS  FOR  GOOD  CAUSE  SHOWN  PURSUANT TO CRITERIA AND PROCEDURES
    2  ESTABLISHED IN THE  GUIDELINES,  INCLUDING  EXEMPTIONS  ASSOCIATED  WITH
    3  BUILDINGS  THAT  HAVE  OBTAINED  AND  MAINTAINED  ENERGY STAR OR SIMILAR
    4  CERTIFICATION,  OR  HAVE  BENCHMARK SCORES PLACING SUCH BUILDINGS IN THE
    5  TOP QUARTILE OF COMPARABLE BUILDINGS FOR THE PARTICULAR YEAR  AT  ISSUE.
    6  ALL  ASES  SHALL SUBMIT RESULTS FOR ANNUAL EXEMPTIONS TO THE CMIT IN THE
    7  ANNUAL REPORT.  ELECTRIC USAGE ATTRIBUTABLE TO  VEHICLE  CHARGING  SHALL
    8  NOT  BE  INCLUDED  IN THE TARGET AND OTHER REQUIREMENTS OF THIS SUBDIVI-
    9  SION.
   10    S 2. This act shall take effect immediately.