NY State Assembly Bill 2009-A7246

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 26, 2009	signed chap.380
Aug 14, 2009	delivered to governor
Jul 16, 2009	returned to assembly passed senate 3rd reading cal.927 substituted for s5779
Jun 11, 2009	referred to rules
Jun 10, 2009	delivered to senate passed assembly ordered to third reading rules cal.153 rules report cal.153 reported
Jun 08, 2009	reported referred to rules
May 27, 2009	print number 7246b
May 27, 2009	amend and recommit to ways and means reported referred to ways and means
Apr 28, 2009	print number 7246a
Apr 28, 2009	amend and recommit to governmental operations
Mar 26, 2009	referred to governmental operations

Votes

- Jul 16, 2009 - Floor Vote
  A7246
  
  55
  
  Aye
  
  2
  
  Nay
  
  0
  
  Absent
  
  5
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jul 16, 2009
      
      aye (55)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Monserrate
      
      Montgomery
      
      Morahan
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      nay (2)
      
      DeFrancisco
      
      Little
      
      excused (5)
      
      Diaz
      
      Foley
      
      Johnson
      
      Kruger
      
      Squadron

Bill Amendments

Original

B (Active)

2009-A7246 - Details

2009-A7246 - Summary

Relates to the state green building construction act and the legislative findings thereof; repeals article 13 of the energy law relating to establishing the state green building construction act, and establishes a new state green building construction act.

2009-A7246 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7246

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 26, 2009
                               ___________

Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
  tee on Governmental Operations

AN ACT to amend the public buildings law, in  relation  to  establishing
  the state green building construction act, and to repeal article 13 of
  the energy law relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings and declarations. Green building prac-
tices can reduce the production of greenhouse gases, lower energy costs,
reduce the use of natural resources, reduce waste,  improve  indoor  air
quality, and reduce indoor and outdoor pollution. This act requires that
the  construction  and  substantial renovation of state buildings comply
with "green" building standards established by  the  office  of  general
services.  Building  "green"  will have positive impacts on our environ-
ment, provide healthier indoor environments, and reduce costs.
  S 2. Article 13 of the energy law is REPEALED.
  S 3. The public buildings law is amended by adding a new  article  4-C
to read as follows:
                                ARTICLE 4-C
                  STATE GREEN BUILDING CONSTRUCTION ACT
SECTION 80. SHORT TITLE.
        81. DEFINITIONS.
        82. APPLICABILITY.
        83. AGENCY GREEN BUILDING CONSTRUCTION REQUIREMENTS.
  S 80. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE
"STATE GREEN BUILDING CONSTRUCTION ACT".
  S 81. DEFINITIONS. AS USED IN THIS ARTICLE:
  1.  "AGENCY"  SHALL  MEAN  A  STATE DEPARTMENT, STATE AGENCY, OR STATE
PUBLIC AUTHORITY.
  2. "AUTHORITY" SHALL MEAN THE  NEW  YORK  STATE  ENERGY  RESEARCH  AND
DEVELOPMENT AUTHORITY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06347-02-9

A. 7246                             2

  3.  "BUILDING" SHALL MEAN A BUILDING OR STRUCTURE THAT IS OWNED BY THE
STATE OR BY AN AGENCY.
  4. "OFFICE" SHALL MEAN THE OFFICE OF GENERAL SERVICES.
  5.  "SUBSTANTIAL  RENOVATION" SHALL MEAN A SUBSTANTIAL MODIFICATION OF
AN EXISTING BUILDING AND SHALL INCLUDE BUT NOT BE LIMITED TO  ADDITIONS,
ALTERATIONS,  AND  RECONSTRUCTION  AS DETERMINED PURSUANT TO REGULATIONS
PROMULGATED BY THE OFFICE PURSUANT TO THIS ARTICLE.
  S 82. APPLICABILITY. THIS ARTICLE SHALL APPLY TO THE  CONSTRUCTION  OF
NEW  BUILDINGS  AND  THE  SUBSTANTIAL  RENOVATION OF EXISTING BUILDINGS,
EXCEPT THAT THIS ARTICLE SHALL NOT APPLY IN THE FOLLOWING CIRCUMSTANCES:
1. AN EXISTING BUILDING THAT HAS A HISTORIC STATUS PURSUANT TO  FEDERAL,
STATE  OR  LOCAL  LAW  AND COMPLIANCE WITH CONSTRUCTION REQUIREMENTS AND
PROCEDURES ESTABLISHED PURSUANT TO THIS ARTICLE WOULD ALTER THE HISTORIC
CHARACTER OF SUCH BUILDING;
  2.  IN  THE  CASE  OF  A  SUBSTANTIAL  RENOVATION,   COMPLIANCE   WITH
CONSTRUCTION  REQUIREMENTS  AND  PROCEDURES ESTABLISHED PURSUANT TO THIS
ARTICLE WOULD NOT BE COST EFFECTIVE OVER THE USEFUL LIFE OF  SUCH  RENO-
VATION  AS  DETERMINED  PURSUANT  TO REGULATIONS PROMULGATED PURSUANT TO
THIS ARTICLE;
  3. COMPLIANCE WITH THIS ARTICLE OR WITH CONSTRUCTION REQUIREMENTS  AND
PROCEDURES  ESTABLISHED  PURSUANT  TO THIS ARTICLE WOULD BE INCONSISTENT
WITH OR VIOLATE FEDERAL OR STATE LAW;
  4. SUCH OTHER CIRCUMSTANCES AS THE  OFFICE  MAY  REASONABLY  DETERMINE
PURSUANT TO REGULATIONS TO NOT BE APPROPRIATE FOR THE APPLICATION OF THE
CONSTRUCTION  REQUIREMENTS AND PROCEDURES ADOPTED PURSUANT TO THIS ARTI-
CLE; OR
  5. THE DESIGN  OR  PLANNING  PROCESS  FOR  SUCH  NEW  CONSTRUCTION  OR
SUBSTANTIAL  RENOVATION  HAS  SUBSTANTIALLY COMMENCED, AS DEFINED BY THE
OFFICE IN REGULATIONS, AS OF  THE  EFFECTIVE  DATE  OF  THE  REGULATIONS
PROMULGATED  BY  THE  OFFICE PURSUANT TO THIS ARTICLE; PROVIDED HOWEVER,
THAT  WHENEVER  SUBDIVISION  ONE,  TWO,  THREE  OR  FOUR  APPLIES,   THE
CONSTRUCTION  REQUIREMENTS  AND  PROCEDURES SHALL BE INTEGRATED INTO THE
DESIGN AND CONSTRUCTION OF THE PROJECT TO THE MAXIMUM  EXTENT  PRACTICA-
BLE.
  S  83.  AGENCY  GREEN  BUILDING  CONSTRUCTION  REQUIREMENTS.  1.   THE
CONSTRUCTION OF NEW BUILDINGS AND THE SUBSTANTIAL RENOVATION OF EXISTING
BUILDINGS SHALL COMPLY WITH SUCH  GREEN  CONSTRUCTION  REQUIREMENTS  AND
PROCEDURES  AS  SHALL HAVE BEEN ESTABLISHED BY THE OFFICE IN REGULATIONS
PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
  2. THE OFFICE, IN CONSULTATION WITH THE AUTHORITY, THE  DEPARTMENT  OF
ENVIRONMENTAL  CONSERVATION,  THE  DEPARTMENT  OF  HEALTH, THE DORMITORY
AUTHORITY OF THE STATE OF NEW YORK, THE DEPARTMENT OF STATE, THE DEPART-
MENT OF EDUCATION, THE OFFICE OF PARKS, RECREATION AND HISTORIC  PRESER-
VATION,  AND  ANY  OTHER  AGENCY AS DETERMINED BY THE OFFICE THAT MAY BE
AFFECTED BY THIS ARTICLE, SHALL PROMULGATE RULES AND REGULATIONS  ESTAB-
LISHING  CONSTRUCTION REQUIREMENTS AND PROCEDURES NECESSARY TO IMPLEMENT
THIS ARTICLE, INCLUDING THE EXCEPTIONS DESCRIBED IN  SECTION  EIGHTY-TWO
OF  THIS  ARTICLE. IN ESTABLISHING SUCH REQUIREMENTS AND PROCEDURES, THE
OFFICE MAY CONSULT GREEN CONSTRUCTION REQUIREMENTS AND PROCEDURES ESTAB-
LISHED OR ADOPTED BY  OTHER  AGENCIES,  AND  BY  PRIVATE  ORGANIZATIONS,
INCLUDING  BUT  NOT  LIMITED TO THE UNITED STATES GREEN BUILDING COUNCIL
UNDER ITS LEADERSHIP IN ENERGY AND ENVIRONMENTAL  DESIGN  PROGRAMS,  THE
GREEN BUILDING INITIATIVE'S GREEN GLOBES RATING SYSTEM, AND THE AMERICAN
NATIONAL STANDARDS INSTITUTE.
  3.  FOR  PURPOSES  OF MONITORING COMPLIANCE WITH THIS ARTICLE AND THIS
ARTICLE'S EFFECTIVENESS, EACH AGENCY SHALL PREPARE BY JUNE THIRTIETH  OF

A. 7246                             3

EACH  YEAR  AN  ANNUAL  BUILDING  PERFORMANCE  REPORT  IN  SUCH FORM AND
CONTAINING SUCH INFORMATION AS THE OFFICE MAY REQUIRE, WHICH MAY  RELATE
TO SUCH MATTERS AS ENERGY CONSUMPTION, WASTE REDUCTION, INDOOR AIR QUAL-
ITY,  WATER  REDUCTIONS  AND  MAINTENANCE PROCEDURES AND PROCESSES. SUCH
REPORT SHALL BE AVAILABLE TO THE OFFICE UPON REQUEST.
  S 4.  This act shall take effect on the three hundred sixty-fifth  day
after it shall have become a law; provided, however that effective imme-
diately,  the  office  of  general services is authorized to promulgate,
amend or repeal any rule or  regulation  which  it  deems  necessary  or
appropriate to implement this act.

2009-A7246A - Details

2009-A7246A - Summary

2009-A7246A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7246--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 26, 2009
                               ___________

Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
  tee on Governmental Operations -- committee discharged, bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to  amend the public buildings law, in relation to establishing
  the state green building construction act, and to repeal article 13 of
  the energy law relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings and declarations. Green building prac-
tices can reduce the production of greenhouse gases, lower energy costs,
reduce  the  use  of natural resources, reduce waste, improve indoor air
quality, and reduce indoor and outdoor pollution. This act requires that
the construction and substantial renovation of  state  buildings  comply
with  "green"  building  standards  established by the office of general
services. Building "green" will have positive impacts  on  our  environ-
ment, provide healthier indoor environments, and reduce costs.
  S 2. Article 13 of the energy law is REPEALED.
  S  3.  The public buildings law is amended by adding a new article 4-C
to read as follows:
                                ARTICLE 4-C
                  STATE GREEN BUILDING CONSTRUCTION ACT
SECTION 80. SHORT TITLE.
        81. DEFINITIONS.
        82. APPLICABILITY.
        83. AGENCY GREEN BUILDING CONSTRUCTION REQUIREMENTS.
  S 80. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE
"STATE GREEN BUILDING CONSTRUCTION ACT".
  S 81. DEFINITIONS. AS USED IN THIS ARTICLE:
  1. "AGENCY" SHALL MEAN A STATE  DEPARTMENT,  STATE  AGENCY,  OR  STATE
PUBLIC AUTHORITY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06347-03-9

A. 7246--A                          2

  2.  "AUTHORITY"  SHALL  MEAN  THE  NEW  YORK STATE ENERGY RESEARCH AND
DEVELOPMENT AUTHORITY.
  3.  "BUILDING" SHALL MEAN A BUILDING OR STRUCTURE THAT IS OWNED BY THE
STATE OR BY AN AGENCY.
  4. "OFFICE" SHALL MEAN THE OFFICE OF GENERAL SERVICES.
  5. "SUBSTANTIAL RENOVATION" SHALL MEAN A SUBSTANTIAL  MODIFICATION  OF
AN  EXISTING BUILDING AND SHALL INCLUDE BUT NOT BE LIMITED TO ADDITIONS,
ALTERATIONS, AND RECONSTRUCTION AS DETERMINED  PURSUANT  TO  REGULATIONS
PROMULGATED BY THE OFFICE PURSUANT TO THIS ARTICLE.
  S 82. APPLICABILITY.  THIS  ARTICLE SHALL APPLY TO THE CONSTRUCTION OF
NEW BUILDINGS AND THE  SUBSTANTIAL  RENOVATION  OF  EXISTING  BUILDINGS,
EXCEPT THAT THIS ARTICLE SHALL NOT APPLY IN THE FOLLOWING CIRCUMSTANCES:
1.  AN EXISTING BUILDING THAT HAS A HISTORIC STATUS PURSUANT TO FEDERAL,
STATE OR LOCAL LAW AND COMPLIANCE  WITH  CONSTRUCTION  REQUIREMENTS  AND
PROCEDURES ESTABLISHED PURSUANT TO THIS ARTICLE WOULD ALTER THE HISTORIC
CHARACTER OF SUCH BUILDING;
  2.   IN   THE  CASE  OF  A  SUBSTANTIAL  RENOVATION,  COMPLIANCE  WITH
CONSTRUCTION REQUIREMENTS AND PROCEDURES ESTABLISHED  PURSUANT  TO  THIS
ARTICLE  WOULD  NOT BE COST EFFECTIVE OVER THE USEFUL LIFE OF SUCH RENO-
VATION AS DETERMINED PURSUANT TO  REGULATIONS  PROMULGATED  PURSUANT  TO
THIS ARTICLE;
  3.  COMPLIANCE WITH THIS ARTICLE OR WITH CONSTRUCTION REQUIREMENTS AND
PROCEDURES ESTABLISHED PURSUANT TO THIS ARTICLE  WOULD  BE  INCONSISTENT
WITH OR VIOLATE FEDERAL OR STATE LAW;
  4.  SUCH  OTHER  CIRCUMSTANCES  AS THE OFFICE MAY REASONABLY DETERMINE
PURSUANT TO REGULATIONS TO NOT BE APPROPRIATE FOR THE APPLICATION OF THE
CONSTRUCTION REQUIREMENTS AND PROCEDURES ADOPTED PURSUANT TO THIS  ARTI-
CLE; OR
  5.  THE  DESIGN  OR  PLANNING  PROCESS  FOR  SUCH  NEW CONSTRUCTION OR
SUBSTANTIAL RENOVATION HAS SUBSTANTIALLY COMMENCED, AS  DEFINED  BY  THE
OFFICE  IN  REGULATIONS,  AS  OF  THE  EFFECTIVE DATE OF THE REGULATIONS
PROMULGATED BY THE OFFICE PURSUANT TO THIS  ARTICLE;  PROVIDED  HOWEVER,
THAT   WHENEVER  SUBDIVISION  ONE,  TWO,  THREE  OR  FOUR  APPLIES,  THE
CONSTRUCTION REQUIREMENTS AND PROCEDURES SHALL BE  INTEGRATED  INTO  THE
DESIGN  AND  CONSTRUCTION OF THE PROJECT TO THE MAXIMUM EXTENT PRACTICA-
BLE.
  S 83.  AGENCY  GREEN  BUILDING  CONSTRUCTION  REQUIREMENTS.  1.    THE
CONSTRUCTION OF NEW BUILDINGS AND THE SUBSTANTIAL RENOVATION OF EXISTING
BUILDINGS  SHALL  COMPLY  WITH  SUCH GREEN CONSTRUCTION REQUIREMENTS AND
PROCEDURES AS SHALL HAVE BEEN ESTABLISHED BY THE OFFICE  IN  REGULATIONS
PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
  2.  THE  OFFICE, IN CONSULTATION WITH THE AUTHORITY, THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION, THE  DEPARTMENT  OF  HEALTH,  THE  DORMITORY
AUTHORITY OF THE STATE OF NEW YORK, THE DEPARTMENT OF STATE, THE DEPART-
MENT  OF EDUCATION, THE OFFICE OF PARKS, RECREATION AND HISTORIC PRESER-
VATION, AND ANY OTHER AGENCY AS DETERMINED BY THE  OFFICE  THAT  MAY  BE
AFFECTED  BY THIS ARTICLE, SHALL PROMULGATE RULES AND REGULATIONS ESTAB-
LISHING CONSTRUCTION REQUIREMENTS AND PROCEDURES NECESSARY TO  IMPLEMENT
THIS  ARTICLE,  INCLUDING THE EXCEPTIONS DESCRIBED IN SECTION EIGHTY-TWO
OF THIS ARTICLE. IN ESTABLISHING SUCH REQUIREMENTS AND  PROCEDURES,  THE
OFFICE MAY CONSULT GREEN CONSTRUCTION REQUIREMENTS AND PROCEDURES ESTAB-
LISHED  OR  ADOPTED  BY  OTHER  AGENCIES,  AND BY PRIVATE ORGANIZATIONS,
INCLUDING BUT NOT LIMITED TO THE UNITED STATES  GREEN  BUILDING  COUNCIL
UNDER  ITS  LEADERSHIP  IN ENERGY AND ENVIRONMENTAL DESIGN PROGRAMS, THE
GREEN BUILDING INITIATIVE'S GREEN GLOBES RATING SYSTEM, AND THE AMERICAN
NATIONAL STANDARDS INSTITUTE.

A. 7246--A                          3

  3. FOR PURPOSES OF MONITORING COMPLIANCE WITH THIS  ARTICLE  AND  THIS
ARTICLE'S  EFFECTIVENESS, EACH AGENCY SHALL PREPARE BY JUNE THIRTIETH OF
EACH YEAR AN  ANNUAL  BUILDING  PERFORMANCE  REPORT  IN  SUCH  FORM  AND
CONTAINING  SUCH INFORMATION AS THE OFFICE MAY REQUIRE, WHICH MAY RELATE
TO SUCH MATTERS AS ENERGY CONSUMPTION, WASTE REDUCTION, INDOOR AIR QUAL-
ITY,  WATER  REDUCTIONS  AND  MAINTENANCE PROCEDURES AND PROCESSES. SUCH
REPORT SHALL BE AVAILABLE TO THE OFFICE UPON REQUEST.
  S 4.  This act shall take effect immediately and shall  be  deemed  to
have  been  in  full  force  and effect on and after September 25, 2008;
provided that section three of this act shall take effect on  the  three
hundred  sixty-fifth  day  after  it  shall have become a law; provided,
however that effective immediately, the office of  general  services  is
authorized  to  promulgate, amend or repeal any rule or regulation which
it deems necessary or appropriate to implement  section  three  of  this
act.

2009-A7246B (ACTIVE) - Details

2009-A7246B (ACTIVE) - Summary

2009-A7246B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A7246B

TITLE OF BILL:
An  act  to  amend the public buildings law, in relation to establishing
the state green building construction act, and to repeal article  13  of
the energy law relating thereto

PURPOSE OR GENERAL IDEA OF BILL:
To  make  changes  to  Chapter  565  of  2008,  which  requires  all new
construction and substantial reconstruction projects undertaken  by  the
State to comply with green building principles.

SUMMARY OF SPECIFIC PROVISIONS:
The  bill amends chapter 565 of 2008 in order to amend the public build-
ings law to require that  construction  and  substantial  renovation  of
state  buildings  comply  with "green" building standards established by
the Office of General Services (OGS).  OGS  will  issue  regulations  in
consultation  with  the  New  York State Energy Research and Development
Authority (NYSERDA), the Department of Environmental Conservation (DEC),
the Department of Health (DOH), the Dormitory Authority of the State  of
New  York  (DASNY),  the  Department  of  State (DOS), the Department of
Education (SED), the Office of Parks, Recreation and Historic  Preserva-
tion (OPRHP), and any other agency deemed necessary.

Chapter 565 of 2008 placed these requirements on the Department of Envi-
ronmental  Conservation  in  consultation  with NYSERDA. In consultation

with the Executive Chamber, it has been determined that  the  Office  of
General Services is the more appropriate agency to issue and enforce the
regulations that law envisioned.

JUSTIFICATION:
Several  states  already have policies that require green building prac-
tices for public buildings, including Arizona, California, Pennsylvania,
and Washington.  In  2006,  the  U.S.  Environmental  Protection  Agency
required  all  newly  initiated  major building construction projects to
achieve the Leadership in Energy and Environmental Design Gold Standard.
Green buildings use resources, including energy, water,  materials,  and
land more efficiently and effectively and provide healthier environments
for working, learning, and living. Green buildings minimize the negative
environmental  consequences by lessening changes to the natural environ-
ment; using recycled or recyclable material; incorporating renewable and
energy efficient power generation systems; using  water  resources  more
efficiently  and producing less waste. Green buildings provide employees
with a healthier indoor work environment by effectively controlling  air
ventilation  systems  and using alternative paints, finishes, adhesives,
furniture, and fabrics that do not negatively  affect  air  quality.  By
building  green,  the state can save money by reducing maintenance costs
and create sustainable buildings, which would foster new developments in
green technologies.

New York was among the first states in the Nation to offer a tax  incen-
tive program for the developers and builders of environmentally friendly

buildings.  New  York has signed into law measures intended to encourage
building owners and developers to design, construct, and operate  build-
ings  that are more in harmony with the environment. The purpose of this
act  is  to  amend  Chapter  565 of 2008 to more effectively promote the
development of high performance green sustainable  buildings  undertaken
by the State.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
Potential savings to the state.

EFFECTIVE DATE:
This  act shall take effect 365 days after enactment, except for Section
2, which shall take effect concurrently with Chapter 565 of 2008.

2009-A7246B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7246--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 26, 2009
                               ___________

Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
  tee on Governmental Operations -- committee discharged, bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  reported and referred to the Committee on Ways and Means --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend the public buildings law, in relation to establishing
  the state green building construction act, and to repeal article 13 of
  the energy law relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings and declarations. Green building prac-
tices can reduce the production of greenhouse gases, lower energy costs,
reduce  the  use  of natural resources, reduce waste, improve indoor air
quality, and reduce indoor and outdoor pollution. This act requires that
the construction and substantial renovation of  state  buildings  comply
with  "green"  building  standards  established by the office of general
services. Building "green" will have positive impacts  on  our  environ-
ment, provide healthier indoor environments, and reduce costs.
  S 2. Article 13 of the energy law is REPEALED.
  S  3.  The public buildings law is amended by adding a new article 4-C
to read as follows:
                                ARTICLE 4-C
                  STATE GREEN BUILDING CONSTRUCTION ACT
SECTION 80. SHORT TITLE.
        81. DEFINITIONS.
        82. APPLICABILITY.
        83. AGENCY GREEN BUILDING CONSTRUCTION REQUIREMENTS.
  S 80. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE
"STATE GREEN BUILDING CONSTRUCTION ACT".
  S 81. DEFINITIONS. AS USED IN THIS ARTICLE:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06347-05-9

A. 7246--B                          2

  1. "AGENCY" SHALL MEAN A STATE  DEPARTMENT,  STATE  AGENCY,  OR  STATE
PUBLIC AUTHORITY.
  2.  "AUTHORITY"  SHALL  MEAN  THE  NEW  YORK STATE ENERGY RESEARCH AND
DEVELOPMENT AUTHORITY.
  3. "BUILDING" SHALL MEAN A BUILDING OR STRUCTURE THAT IS OWNED BY  THE
STATE OR BY AN AGENCY.
  4. "OFFICE" SHALL MEAN THE OFFICE OF GENERAL SERVICES.
  5.  "SUBSTANTIAL  RENOVATION" SHALL MEAN A SUBSTANTIAL MODIFICATION OF
AN EXISTING BUILDING AND SHALL INCLUDE BUT NOT BE LIMITED TO  ADDITIONS,
ALTERATIONS,  AND  RECONSTRUCTION  AS DETERMINED PURSUANT TO REGULATIONS
PROMULGATED BY THE OFFICE PURSUANT TO THIS ARTICLE.
  S 82. APPLICABILITY. THIS ARTICLE SHALL APPLY TO THE  CONSTRUCTION  OF
NEW  BUILDINGS  AND  THE  SUBSTANTIAL  RENOVATION OF EXISTING BUILDINGS,
EXCEPT THAT THIS ARTICLE SHALL NOT APPLY IN THE FOLLOWING CIRCUMSTANCES:
1. AN EXISTING BUILDING THAT HAS A HISTORIC STATUS PURSUANT TO  FEDERAL,
STATE  OR  LOCAL  LAW  AND COMPLIANCE WITH CONSTRUCTION REQUIREMENTS AND
PROCEDURES ESTABLISHED PURSUANT TO THIS ARTICLE WOULD ALTER THE HISTORIC
CHARACTER OF SUCH BUILDING;
  2.  IN  THE  CASE  OF  A  SUBSTANTIAL  RENOVATION,   COMPLIANCE   WITH
CONSTRUCTION  REQUIREMENTS  AND  PROCEDURES ESTABLISHED PURSUANT TO THIS
ARTICLE WOULD NOT BE COST EFFECTIVE OVER THE USEFUL LIFE OF  SUCH  RENO-
VATION  AS  DETERMINED  PURSUANT  TO REGULATIONS PROMULGATED PURSUANT TO
THIS ARTICLE;
  3. COMPLIANCE WITH THIS ARTICLE OR WITH CONSTRUCTION REQUIREMENTS  AND
PROCEDURES  ESTABLISHED  PURSUANT  TO THIS ARTICLE WOULD BE INCONSISTENT
WITH OR VIOLATE FEDERAL OR STATE LAW;
  4. SUCH OTHER CIRCUMSTANCES AS THE  OFFICE  MAY  REASONABLY  DETERMINE
PURSUANT TO REGULATIONS TO NOT BE APPROPRIATE FOR THE APPLICATION OF THE
CONSTRUCTION  REQUIREMENTS AND PROCEDURES ADOPTED PURSUANT TO THIS ARTI-
CLE; OR
  5. THE DESIGN  OR  PLANNING  PROCESS  FOR  SUCH  NEW  CONSTRUCTION  OR
SUBSTANTIAL  RENOVATION  HAS  SUBSTANTIALLY COMMENCED, AS DEFINED BY THE
OFFICE IN REGULATIONS, AS OF  THE  EFFECTIVE  DATE  OF  THE  REGULATIONS
PROMULGATED  BY  THE  OFFICE PURSUANT TO THIS ARTICLE; PROVIDED HOWEVER,
THAT  WHENEVER  SUBDIVISION  ONE,  TWO,  THREE  OR  FOUR  APPLIES,   THE
CONSTRUCTION  REQUIREMENTS  AND  PROCEDURES SHALL BE INTEGRATED INTO THE
DESIGN AND CONSTRUCTION OF THE PROJECT TO THE MAXIMUM  EXTENT  PRACTICA-
BLE.
  S  83.  AGENCY  GREEN  BUILDING  CONSTRUCTION  REQUIREMENTS.  1.   THE
CONSTRUCTION OF NEW BUILDINGS AND THE SUBSTANTIAL RENOVATION OF EXISTING
BUILDINGS SHALL COMPLY WITH SUCH  GREEN  CONSTRUCTION  REQUIREMENTS  AND
PROCEDURES  AS  SHALL HAVE BEEN ESTABLISHED BY THE OFFICE IN REGULATIONS
PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
  2. THE OFFICE, IN CONSULTATION WITH THE AUTHORITY, THE  DEPARTMENT  OF
ENVIRONMENTAL  CONSERVATION,  THE  DEPARTMENT  OF  HEALTH, THE DORMITORY
AUTHORITY OF THE STATE OF NEW YORK, THE DEPARTMENT OF STATE, THE DEPART-
MENT OF EDUCATION, THE OFFICE OF PARKS, RECREATION AND HISTORIC  PRESER-
VATION,  AND  ANY  OTHER  AGENCY AS DETERMINED BY THE OFFICE THAT MAY BE
AFFECTED BY THIS ARTICLE, SHALL PROMULGATE RULES AND REGULATIONS  ESTAB-
LISHING  CONSTRUCTION REQUIREMENTS AND PROCEDURES NECESSARY TO IMPLEMENT
THIS ARTICLE, INCLUDING THE EXCEPTIONS DESCRIBED IN  SECTION  EIGHTY-TWO
OF  THIS  ARTICLE. IN ESTABLISHING SUCH REQUIREMENTS AND PROCEDURES, THE
OFFICE MAY CONSULT GREEN CONSTRUCTION REQUIREMENTS AND PROCEDURES ESTAB-
LISHED OR ADOPTED BY  OTHER  AGENCIES,  AND  BY  PRIVATE  ORGANIZATIONS,
INCLUDING  BUT  NOT  LIMITED TO THE UNITED STATES GREEN BUILDING COUNCIL
UNDER ITS LEADERSHIP IN ENERGY AND ENVIRONMENTAL  DESIGN  PROGRAMS,  THE

A. 7246--B                          3

GREEN BUILDING INITIATIVE'S GREEN GLOBES RATING SYSTEM, AND THE AMERICAN
NATIONAL STANDARDS INSTITUTE.
  3.  FOR  PURPOSES  OF MONITORING COMPLIANCE WITH THIS ARTICLE AND THIS
ARTICLE'S EFFECTIVENESS, EACH AGENCY SHALL PREPARE BY JUNE THIRTIETH  OF
EACH  YEAR  AN  ANNUAL  BUILDING  PERFORMANCE  REPORT  IN  SUCH FORM AND
CONTAINING SUCH INFORMATION AS THE OFFICE MAY REQUIRE, WHICH MAY  RELATE
TO SUCH MATTERS AS ENERGY CONSUMPTION, WASTE REDUCTION, INDOOR AIR QUAL-
ITY,  WATER  REDUCTIONS  AND  MAINTENANCE PROCEDURES AND PROCESSES. SUCH
REPORT SHALL BE AVAILABLE TO THE OFFICE UPON REQUEST.
  S 4.  This act shall take effect immediately,  provided  however  that
section  two  of this act shall be deemed to have been in full force and
effect on and after September  25,  2008;  and  provided  further,  that
section  three of this act shall take effect on the three hundred sixty-
fifth day after it shall have  become  a  law;  provided,  however  that
effective  immediately,  the office of general services is authorized to
promulgate, amend or repeal any rule or regulation which it deems neces-
sary or appropriate to implement section three of this act.

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Assembly Bill A7246

Sponsored By

Archive: Last Bill Status - Signed by Governor

Jul 16, 2009 - Floor Vote

Floor Vote: Jul 16, 2009

Bill Amendments

2009-A7246 - Details

2009-A7246 - Summary

2009-A7246 - Bill Text download pdf

2009-A7246A - Details

2009-A7246A - Summary

2009-A7246A - Bill Text download pdf

2009-A7246B (ACTIVE) - Details

2009-A7246B (ACTIVE) - Summary

2009-A7246B (ACTIVE) - Sponsor Memo

2009-A7246B (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A7246

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Sponsored By

LUPARDO

Archive: Last Bill Status - Signed by Governor

Bill Amendments

2009-A7246 - Details

2009-A7246 - Summary

2009-A7246 - Bill Text download pdf

2009-A7246A - Details

2009-A7246A - Summary

2009-A7246A - Bill Text download pdf

2009-A7246B (ACTIVE) - Details

2009-A7246B (ACTIVE) - Summary

2009-A7246B (ACTIVE) - Sponsor Memo

2009-A7246B (ACTIVE) - Bill Text download pdf

Comments