Set Green Rules for Authorities

Section 1. Article 9 of the public authorities law is amended by adding a new title 13 to read as follows:

TITLE 13

ENERGY EFFICIENCY Section 2990. Definitions.

2991. Applicability.

2992. Energy targets.

2993. Energy assessments and efficiency plan.

2994. Solid waste management plan.

2995. New construction, renovations and leases.

2996. Procurement.

2997. State authorities energy efficiency council.

2998. Reports.

2999. Assistance from other authorities.

§ 2990. Definitions. For the purposes of this title, the following words and terms shall have the following meanings:

1. "Building or facility" means a single building or facility or a group of buildings or structures at a single site that is owned, leased, operated or funded by a state authority that exceeds twenty thousand square feet of space. For the purposes of this title, the term "facility" shall include any highway, parkway or public road owned, operated or maintained by a state authority.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD02248-02-9

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2. "Council" means the state authorities energy efficiency council established pursuant to section twenty-nine hundred ninety-seven of this title.

3. "DEC" means the department of environmental conservation.

4. "Fuel cell" means a device that produces electricity directly from hydrogen or hydrocarbon fuel through a non-combustive electro-chemical process.

5. "Greenhouse gas" means carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulphur hexafluoride.

6. "NYSERDA" means the New York state energy research and development authority.

7. "OGS" means the office of general services.

8. "Renewable energy" means energy produced from the following sources: solar thermal, photovoltaics, wind, hydroelectric, geo-exchange and tidal/wave energy.

9. "State authority" shall mean the state authorities listed in section twenty-nine hundred ninety-one of this title.

10. "State interagency committee" means the state interagency committee on sustainability and green procurement established pursuant to executive order number four of two thousand eight.

§ 2991. Applicability. 1. The provisions of this title shall only apply to the following state authorities:

Battery Park City Authority

Capital District Transportation Authority

Central New York Regional Transportation Authority

Development Authority of the North Country

Dormitory Authority of the State of New York

Long Island Power Authority

Metropolitan Transportation Authority

New York Convention Center Operating Corporation

New York State Bridge Authority

New York State Energy Research and Development Authority

New York State Olympic Regional Development Authority

New York State Thruway Authority

Niagara Frontier Transportation Authority

North Country Power Authority

Power Authority of the State of New York

Rochester-Genesee Regional Transportation Authority

2. Notwithstanding the provisions of subdivision one of this section, the provisions of this title shall not apply to a building or facility owned, leased or operated by a state authority established pursuant to titles one and one-A of article five of this chapter, which building or facility or vehicle or vehicle fleet is used primarily to produce, generate, transmit or store energy and power.

§ 2992. Energy targets. 1. All buildings or facilities or vehicles or vehicle fleets owned, leased, under which the state authority pays directly for energy, or operated by a state authority shall meet the following targets and timetable to achieve reductions in greenhouse gas emissions, energy and water consumption:

(a) reduce greenhouse gas emissions that result from state authority operations from the established baseline measurements by twenty percent by the year two thousand twenty-three, thirty percent by the year two thousand twenty-eight and forty percent by the year two thousand thirty-three. Emission reductions shall be measured on an absolute basis and not adjusted for facility expansion, load growth or weather;

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(b) reduce overall energy consumption at buildings or facilities or vehicles or vehicle fleets owned or leased, under which the state authority pays directly for energy, by the state authority from the established baseline measurements by fifteen percent by the year two thousand twenty-three, twenty percent by the year two thousand twentyeight and thirty percent by the year two thousand thirty-three;

(c) reduce potable water use from the established baseline measurement by ten percent by the year two thousand twenty-three, twenty percent by the year two thousand twenty-eight and thirty percent by the year two thousand thirty-three; and

(d) obtain by generation or procurement fifteen percent of annual electricity consumption from renewable sources by the year two thousand twenty-three, twenty-five percent by the year two thousand twenty-eight and fifty percent by the year two thousand thirty-three.

2. Each state authority that owns, leases or operates a building or facility or vehicle or vehicle fleet shall establish a baseline measurement of greenhouse gas emissions, electricity and water consumption levels for the period beginning January first, two thousand fifteen and ending December thirty-first, two thousand sixteen for such building or facility or vehicle or vehicle fleet. The baseline measurement shall be the average of the two year period.

3. The council is authorized, upon the application of a state authority, to reduce or decrease one or more efficiency targets required under this section if the state authority can demonstrate to the satisfaction of the council that it has achieved substantially the overall target or goal prior to the final target year. For the purposes of this subdivision, substantial achievement shall mean meeting ninety percent or more of the target or goal.

§ 2993. Energy assessments and efficiency plan. 1. Energy assessments. (a) A state authority that owns, leases or operates a building or facility shall conduct an annual onsite assessment and evaluation of energy and water consumption and expenses of such building or facility. The assessment shall include the following information:

(1) the total number of buildings and facilities owned, leased or operated by the state authority and the total square footage for such buildings and facilities;

(2) the total annual energy consumption, listed by energy source, for each building or facility;

(3) the total annual energy cost calculated per square foot, and listed by energy source, for each building or facility;

(4) the total annual water consumption for each building or facility;

(5) the total annual cost for fuel used by authority-owned vehicles, listed by fuel type and the average mileage efficiency of vehicles by vehicle class owned or leased by the state authority; and

(6) a breakdown by percentage of the total renewable energy used by each building or facility.

(b) In developing this assessment, the state authority may seek the advice and assistance of other state agencies and entities, such as DEC, NYSERDA or OGS.

2. Energy efficiency plan. (a) Based on the initial assessment conducted pursuant to subdivision one of this section, each state authority shall develop and submit to the council for its approval an energy efficiency plan to meet the targets, goals and timetable established pursuant to subdivision one of section twenty-nine hundred ninety-two of this title.

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(b) The plan shall describe specific measures to be taken to reduce the state authority's greenhouse gas emissions, energy and water consumption in accordance with such targets and goals. The plan shall also describe any policies adopted, and projects pursued, by the state authority to increase the use of renewable energy sources and other alternative sources.

(c) The council shall approve the plan if the plan:

(1) provides a detailed and comprehensive plan for achieving the targets and goals set forth in section twenty-nine hundred ninety-two of this title; and

(2) can be implemented in a cost-effective manner.

(d) The plan shall be amended to reflect any changes or updates reported in the annual assessment pursuant to subdivision one of this section.

(e) With respect to buildings and facilities that contain less than twenty thousand square feet in space, a state authority is encouraged to assess, develop and implement efficiency and waste management plans consistent with the targets, goals and timetables required pursuant to this title.

§ 2994. Solid waste management plan. 1. For purposes of this section, "solid waste" shall have the same meaning as is found in subdivision one of section 27-0701 of the environmental conservation law, but shall not include source, special nuclear or by-product material as defined in the atomic energy act of 1954, as amended, or hazardous waste which appears on the list or satisfies the characteristics of hazardous waste promulgated pursuant to section 27-0903 of the environmental conservation law, or low level radioactive waste as defined in section 29-0101 of the environmental conservation law.

2. (a) All state authorities shall prepare and submit to the council for its review and approval a solid waste management plan for such authority for at least a ten-year period.

(b) The solid waste management plan, which shall be in a form developed by the council, shall, at a minimum:

(1) identify, describe and characterize the solid waste stream to be managed in the planning period;

(2) assess existing and alternate proposed solid waste management programs and facilities;

(3) identify the parties with responsibility to implement each element of the plan and the steps which must be undertaken by each; and

(4) set forth a timetable for implementing the plan, including establishing annual goals.

(c) Such plan shall strive to achieve the objectives of the state solid waste management policy set forth in section 27-0106 of the environmental conservation law, provide for or take into account management of all solid waste within the planning unit, and embody, as may be appropriate to the circumstances, sound principles of solid waste management, natural resources conservation, energy production, and employment creating opportunities.

(d) The council shall approve a plan if the plan contains the elements set forth in paragraph (b) of this subdivision. Thereafter such plan shall become the solid waste management plan in effect for such authority. If the plan as submitted does not contain the elements set forth in paragraph (b) of this subdivision, the council shall state the reasons for its determination and require the state authority to re-submit an amended plan for approval.

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§ 2995. New construction, renovations and leases. 1. (a) The design and construction of any new buildings or facility, or the substantial renovation of an existing building or facility, by a state authority shall comply with the standards and regulations promulgated by OGS pursuant to article four-C of the public buildings law. This subdivision shall also apply to a building or facility, fifty percent or more of the funding for the purchase, lease, design, construction or substantial renovation thereof is funded directly or indirectly by a state authority.

(b) For the purposes of this section, the term "substantial renovation" shall mean: a capital project in which the scope of work involves at least two of the following primary building systems: electrical, plumbing, boiler, elevator, HVAC, roof replacement, window replacement, lighting or external masonry, painting and plastering; and the building area in which the construction is performed will be unoccupied due to the nature of the construction for thirty days or more.

2. Any leases entered into by a state authority, including the renegotiation or extension of existing leases, shall:

(a) incorporate lease provisions that encourage energy and water efficiency wherever life-cycle cost-effective. Build-to-suit lease solicitations shall contain criteria encouraging sustainable design and development, energy efficiency, and verification of facility performance;

(b) include a preference for facilities having the ENERGY STAR building label in their selection criteria for acquiring leased facilities; and

(c) encourage lessors to apply for an ENERGY STAR building label and to explore and implement projects that will reduce costs, including projects carried out through the lessors' energy-savings contracts.