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

                                  7366

                            I N  S E N A T E

                               May 2, 2012
                               ___________

Introduced by Sen. FUSCHILLO -- read twice and ordered printed, and when
  printed  to be committed to the Committee on Corporations, Authorities
  and Commissions

AN ACT to amend the public authorities law, in relation to  establishing
  environmental standards for public authorities

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

  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.   SUSTAINABILITY COORDINATOR.
        2996.   NEW CONSTRUCTION, RENOVATIONS AND LEASES.
        2997.   PROCUREMENT.
        2998.   STATE AUTHORITIES ENERGY EFFICIENCY COUNCIL.
        2999.   REPORTS.
        2999-A. ASSISTANCE FROM OTHER AUTHORITIES.
  S  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 TEN 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.
  2.  "COGENERATION"  MEANS THE SIMULTANEOUS GENERATION OF TWO DIFFERENT
FORMS OF USEFUL ENERGY USING ONE SINGLE PRIMARY ENERGY SOURCE, SUCH  AS,
THE  PRODUCTION OF ELECTRICITY USING WASTE ENERGY, SUCH AS STEAM; OR THE
USE OF STEAM FROM ELECTRIC POWER GENERATION AS A SOURCE OF HEAT.

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

                                                           LBD14060-09-2

S. 7366                             2

  3. "COUNCIL" MEANS THE STATE  AUTHORITIES  ENERGY  EFFICIENCY  COUNCIL
ESTABLISHED PURSUANT TO SECTION TWENTY-NINE HUNDRED NINETY-EIGHT OF THIS
TITLE.
  4. "DEC" MEANS THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION.
  5.  "DISTRIBUTED  GENERATION" MEANS ELECTRICITY THAT IS GENERATED FROM
SMALL ENERGY SOURCES THAT ARE LOCATED NEAR OR IN THE BUILDING OR FACILI-
TY WHERE THE ELECTRICITY IS USED. DISTRIBUTED  ENERGY  RESOURCE  SYSTEMS
ARE  SMALL-SCALE POWER GENERATION TECHNOLOGIES USED TO PROVIDE AN ALTER-
NATIVE TO OR ENHANCEMENT OF THE TRADITIONAL ELECTRIC POWER SYSTEM,  SUCH
AS SOLAR PANELS OR SMALL WIND TURBINES.
  6.  "FUEL CELL" MEANS A DEVICE THAT PRODUCES ELECTRICITY DIRECTLY FROM
HYDROGEN OR HYDROCARBON FUEL THROUGH A  NON-COMBUSTIVE  ELECTRO-CHEMICAL
PROCESS.
  7.  "NYSERDA" MEANS THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT
AUTHORITY.
  8. "OGS" MEANS THE OFFICE OF GENERAL SERVICES.
  9. "RENEWABLE ENERGY" MEANS ENERGY PRODUCED FROM THE FOLLOWING  SOURC-
ES:  SOLAR  THERMAL,  PHOTOVOLTAICS,  WIND, HYDROELECTRIC, GEO-EXCHANGE,
TIDAL/WAVE ENERGY AND HIGH-EFFICIENCY BIOMASS.
  10. "STATE AUTHORITY" SHALL  MEAN  THE  STATE  AUTHORITIES  LISTED  IN
SECTION TWENTY-NINE HUNDRED NINETY-ONE OF THIS TITLE.
  11.  "STATE INTERAGENCY COMMITTEE" MEANS THE STATE INTERAGENCY COMMIT-
TEE ON SUSTAINABILITY AND  GREEN  PROCUREMENT  ESTABLISHED  PURSUANT  TO
EXECUTIVE ORDER NUMBER FOUR OF TWO THOUSAND EIGHT.
  S  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
  OGDENSBURG BRIDGE AND PORT AUTHORITY
  PORT OF OSWEGO 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, AS ADDED BY CHAPTER FIVE HUNDRED SEVENTEEN OF THE
LAWS OF NINETEEN HUNDRED EIGHTY-SIX, 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.
  S  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:

S. 7366                             3

  (A)  REDUCE  GREENHOUSE GAS EMISSIONS THAT RESULT FROM STATE AUTHORITY
OPERATIONS FROM THE ESTABLISHED BASELINE MEASUREMENTS BY FIFTEEN PERCENT
BY THE YEAR TWO THOUSAND SEVENTEEN, TWENTY-FIVE PERCENT BY THE YEAR  TWO
THOUSAND   TWENTY-TWO  AND  FIFTY  PERCENT  BY  THE  YEAR  TWO  THOUSAND
TWENTY-SEVEN. EMISSION REDUCTIONS SHALL BE MEASURED ON AN ABSOLUTE BASIS
AND NOT ADJUSTED FOR FACILITY EXPANSION, LOAD GROWTH OR WEATHER;
  (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  SEVENTEEN,  TWENTY-FIVE PERCENT BY THE YEAR TWO THOUSAND TWEN-
TY-TWO AND FIFTY PERCENT BY THE YEAR TWO THOUSAND TWENTY-SEVEN;
  (C) REDUCE POTABLE WATER USE FROM THE ESTABLISHED BASELINE MEASUREMENT
BY TEN PERCENT BY THE YEAR TWO THOUSAND SEVENTEEN, TWENTY PERCENT BY THE
YEAR TWO THOUSAND TWENTY-TWO AND THIRTY PERCENT BY THE YEAR TWO THOUSAND
TWENTY-SEVEN; AND
  (D) OBTAIN BY GENERATION OR  PROCUREMENT  FIFTEEN  PERCENT  OF  ANNUAL
ELECTRICITY  CONSUMPTION  FROM RENEWABLE SOURCES AND/OR FROM DISTRIBUTED
GENERATION  OR  COGENERATION  BY  THE  YEAR  TWO   THOUSAND   SEVENTEEN,
TWENTY-FIVE  PERCENT  BY  THE  YEAR  TWO  THOUSAND  TWENTY-TWO AND FIFTY
PERCENT BY THE YEAR TWO THOUSAND TWENTY-SEVEN.
  2. EACH STATE AUTHORITY THAT OWNS, LEASES OR OPERATES  A  BUILDING  OR
FACILITY OR VEHICLE OR VEHICLE FLEET SHALL ESTABLISH A BASELINE MEASURE-
MENT  OF  GREENHOUSE  GAS  EMISSIONS,  ELECTRICITY AND WATER CONSUMPTION
LEVELS FOR THE PERIOD BEGINNING JANUARY FIRST,  TWO  THOUSAND  NINE  AND
ENDING  DECEMBER  THIRTY-FIRST,  TWO  THOUSAND  TEN FOR SUCH BUILDING OR
FACILITY OR VEHICLE OR VEHICLE FLEET. THE BASELINE MEASUREMENT SHALL  BE
THE AVERAGE OF THE TWO YEAR PERIOD.
  3.  THE  COMMITTEE  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  SATIS-
FACTION  OF THE COMMITTEE 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.
  S 2993. ENERGY ASSESSMENTS AND EFFICIENCY PLAN. 1. ENERGY ASSESSMENTS.
(A) A STATE AUTHORITY THAT OWNS, LEASES OR OPERATES A BUILDING OR FACIL-
ITY 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 LIST-
ED 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.

S. 7366                             4

  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  ESTAB-
LISHED  PURSUANT TO SUBDIVISION ONE OF SECTION TWENTY-NINE HUNDRED NINE-
TY-TWO OF THIS TITLE.
  (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, SUCH AS DISTRIBUTIVE GENERATION AND COGENERATION.
  (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
TEN  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.
  S 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 PROMUL-
GATED 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 COMMITTEE
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  DEVEL-
OPED BY THE COMMITTEE, 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 ESTAB-
LISHING 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 ENVI-
RONMENTAL 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 COMMITTEE SHALL APPROVE  A  PLAN  IF  THE  PLAN  CONTAINS  THE
ELEMENTS SET FORTH IN PARAGRAPH (B) OF THIS SUBDIVISION. THEREAFTER SUCH

S. 7366                             5

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 COMMITTEE SHALL STATE
THE  REASONS  FOR  ITS  DETERMINATION AND REQUIRE THE STATE AUTHORITY TO
RE-SUBMIT AN AMENDED PLAN FOR APPROVAL.
  S 2995. SUSTAINABILITY COORDINATOR.  1.  EACH  STATE  AUTHORITY  SHALL
APPOINT  A  SUSTAINABILITY  COORDINATOR TO ORGANIZE, COORDINATE, OVERSEE
AND REPORT ON THE ENERGY EFFICIENCY AND WASTE MANAGEMENT  ACTIVITIES  OF
THE  STATE  AUTHORITY.  THE  COORDINATOR  SHALL,  AMONG OTHER DUTIES AND
RESPONSIBILITIES:
  (A) PREPARE THE ENERGY EFFICIENCY AND SOLID WASTE MANAGEMENT PLANS;
  (B) ORGANIZE, COORDINATE AND OVERSEE THE IMPLEMENTATION OF  THE  EFFI-
CIENCY ACTIVITIES CONTAINED IN THE EFFICIENCY PLAN;
  (C)  ORGANIZE,  COORDINATE AND OVERSEE THE IMPLEMENTATION OF THE SOLID
WASTE MANAGEMENT PLAN;
  (D)  SUBMIT  THE  PROGRESS  REPORTS  REQUIRED  PURSUANT   TO   SECTION
TWENTY-NINE HUNDRED NINETY-NINE OF THIS TITLE; AND
  (E)  DISSEMINATE  ALL  APPLICABLE  INFORMATION TO AUTHORITY STAFF, AND
TRACKING AND REPORTING ALL REQUESTED ENERGY CONSUMPTION OR WASTE MANAGE-
MENT DATA.
  2. THE DEC AND NYSERDA SHALL DEVELOP AND CONDUCT  A  TRAINING  PROGRAM
FOR THE SUSTAINABILITY COORDINATORS AND ASSIST THEM WITH THE TRAINING OF
APPROPRIATE STAFF, VENDORS AND CONTRACTORS.
  S  2996.  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  AUTHORI-
TY.
  (B)  FOR  THE  PURPOSES  OF  THIS SECTION, THE TERM "SUBSTANTIAL RENO-
VATION" SHALL MEAN: A  CAPITAL  PROJECT  IN  WHICH  THE  SCOPE  OF  WORK
INVOLVES  AT  LEAST TWO OF THE FOLLOWING PRIMARY BUILDING SYSTEMS: ELEC-
TRICAL, 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 UNOCCU-
PIED DUE TO THE NATURE OF THE CONSTRUCTION FOR THIRTY DAYS OR MORE.
  2. ANY LEASES ENTERED INTO BY A STATE AUTHORITY, INCLUDING THE RENEGO-
TIATION OR EXTENSION OF EXISTING LEASES, SHALL:
  (A) INCORPORATE LEASE PROVISIONS THAT ENCOURAGE ENERGY AND WATER EFFI-
CIENCY WHEREVER LIFE-CYCLE COST-EFFECTIVE. BUILD-TO-SUIT LEASE SOLICITA-
TIONS SHALL CONTAIN CRITERIA ENCOURAGING SUSTAINABLE DESIGN AND DEVELOP-
MENT, ENERGY EFFICIENCY, AND VERIFICATION OF FACILITY PERFORMANCE;
  (B) INCLUDE A PREFERENCE FOR FACILITIES HAVING THE ENERGY STAR  BUILD-
ING  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.
  S 2997. PROCUREMENT. 1. PROCUREMENT FROM SPECIFICATION LIST.  (A)  ALL
PURCHASES  OF  COMMODITY, EQUIPMENT, SERVICES AND TECHNOLOGIES MADE BY A
STATE AUTHORITY SHALL BE PURSUANT TO PROCUREMENT  LISTS  AND  SPECIFICA-
TIONS PROMULGATED BY THE STATE INTERAGENY COMMITTEE.

S. 7366                             6

  (B)  IN  ADDITION,  ALL  STATE  AUTHORITIES SHALL PROCURE COMMODITIES,
EQUIPMENT, SERVICES AND TECHNOLOGIES THAT MEET OR EXCEED  THE  FOLLOWING
MINIMUM SPECIFICATIONS:
  (1)  RECYCLED  CONTENT.  ALL  COPY  PAPER AND OTHER PAPER SUPPLIES FOR
WHICH THE UNITED STATES ENVIRONMENTAL PROTECTION  AGENCY  HAS  DEVELOPED
RECYCLED CONTENT RECOMMENDATIONS PURSUANT TO SECTION SIX THOUSAND TWO OF
THE  FEDERAL RESOURCE CONSERVATION AND RECOVERY ACT SHALL BE REQUIRED TO
MET OR EXCEED  THE  STATE  AUTHORITY'S  MINIMUM  POST-CONSUMER  MATERIAL
CONTENT  PERCENTAGES  RECOMMENDED IN THE MOST RECENT RECOVERED MATERIALS
ADVISORY NOTICE ISSUED FOR  SUCH  COMMODITY  IN  THE  FEDERAL  REGISTER;
PROVIDED,  HOWEVER,  THAT  XEROGRAPHIC  PAPER SHALL CONTAIN NO LESS THAN
THIRTY PERCENT POST-CONSUMER RECYCLED CONTENT. ALL COPY  AND  JANITORIAL
PAPER  SHALL  BE  PROCESSED CHLORINE-FREE TO THE EXTENT PRACTICABLE. ALL
STATE AUTHORITIES SHALL PRINT PUBLICATIONS ON RECYCLED PAPER, AND  MINI-
MUM PERCENTAGES SHALL BE MET UNLESS COSTS FOR SUCH PAPER EXCEED THE COST
OF OTHER AVAILABLE COMMODITIES BY MORE THAN TEN PERCENT.
  (2)  WASTE  REDUCTION. STATE AUTHORITIES SHALL SEEK TO REDUCE WASTE IN
PRODUCTS AND PACKAGING, INCLUDING THE FORMULATION OF POLICIES TO PROMOTE
THE USE OF DOUBLE-SIDED COPYING AND  PRINTING  TO  THE  GREATEST  EXTENT
PRACTICABLE. STATE AUTHORITIES SHALL FAVOR DURABILITY, REPAIRABILITY AND
REUSE WHEN PURCHASING SUPPLIES.
  2. IF A COMMODITY OR EQUIPMENT IS NOT ON A PROCUREMENT LIST, THE STATE
AUTHORITY  SHALL  SELECT  ENERGY STAR AND ENERGY-EFFICIENT PRODUCTS WHEN
ACQUIRING ENERGY-USING PRODUCTS OR EQUIPMENT. FOR PRODUCTS OR  EQUIPMENT
FOR  WHICH ENERGY STAR LABELS ARE NOT YET AVAILABLE, THE STATE AUTHORITY
SHALL FOLLOW THE GUIDELINES ADOPTED BY  NYSERDA  THAT  DESIGNATE  TARGET
ENERGY EFFICIENCY LEVELS FOR SUCH PRODUCT OR EQUIPMENT.
  3.  A  STATE  AUTHORITY MAY PROCURE A COMMODITY, EQUIPMENT, SERVICE OR
TECHNOLOGY THROUGH A PROCESS THAT DOES NOT COMPLY WITH THIS SECTION WHEN
THE PURCHASE OF THE  COMMODITY,  EQUIPMENT,  SERVICE  OR  TECHNOLOGY  IS
NECESSARY  TO  RESPOND  TO AN EMERGENCY WHICH ENDANGERS PUBLIC HEALTH OR
SAFETY, PROVIDED SUCH AUTHORITY SHALL WITHIN SEVEN BUSINESS DAYS FILE  A
WRITTEN  REPORT WITH THE AUTHORITY'S BUDGET OFFICE AND THE OFFICE OF THE
STATE COMPTROLLER, WHICH SHALL BECOME PART OF  THE  PROCUREMENT  RECORD.
THE REPORT SHALL CONTAIN THE FOLLOWING INFORMATION:
  (A)  A  DESCRIPTION  OF  THE  EMERGENCY THAT PREVENTED COMPLIANCE WITH
SUBDIVISIONS ONE AND TWO OF THIS SECTION;
  (B) THE NAME OF THE COMMODITY OR TECHNOLOGY, OR A DESCRIPTION  OF  THE
SERVICE, ITS USE AND INTENSITY OF USE;
  (C)  A DESCRIPTION OF THE STEPS BEING TAKEN TO SAFEGUARD PUBLIC HEALTH
AND SAFETY DURING THE EMERGENCY; AND
  (D) AN EXPLANATION OF HOW SUCH AN EMERGENCY  CAN  BE  AVOIDED  IN  THE
FUTURE.
  4.  (A)  BEGINNING  ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION,
ALL STATE AUTHORITIES, WHEN PROCURING COMMODITIES,  EQUIPMENT,  SERVICES
OR TECHNOLOGY SHALL FOLLOW PRACTICES AND DEVELOP SOLICITATION SPECIFICA-
TIONS  THAT  MEET  OR  EXCEED  THE MINIMUM SPECIFICATIONS ESTABLISHED IN
SUBDIVISION ONE OF THIS SECTION. ALL  SUCH  CONTRACTS  SHALL  INCLUDE  A
STATEMENT DESCRIBING HOW SUCH MINIMUM SPECIFICATIONS WERE MET.
  (B)  IN THE EVENT THAT A STATE AUTHORITY RECEIVES NO BIDS OR PROPOSALS
THAT MEET THE SPECIFICATIONS DEVELOPED PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION, SUCH AGENCY OR AUTHORITY MAY WITHDRAW THE REQUEST FOR  BIDS
OR PROPOSALS AND BEGIN A NEW PROCUREMENT WITH NEW SPECIFICATIONS WITHOUT
SUCH SPECIFICATIONS AND AWARD A CONTRACT IN ACCORDANCE WITH OTHER APPLI-
CABLE STATUTES; PROVIDED, HOWEVER THAT SUCH AUTHORITY SHALL DOCUMENT THE
REASONS  WHY  SUCH  PROCUREMENT DOES NOT MEET THE MINIMUM SPECIFICATIONS

S. 7366                             7

ESTABLISHED IN SUBDIVISION ONE OF THIS SECTION, AND SUBMIT SUCH DOCUMEN-
TATION FOR INCLUSION IN THE ANNUAL  REPORT  REQUIRED  PURSUANT  TO  THIS
TITLE  AND  TO  THE OFFICE OF THE STATE COMPTROLLER FOR INCLUSION IN THE
PROCUREMENT RECORD.
  5. (A) NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REQUIRING A STATE
AUTHORITY  TO PROCURE A COMMODITY, EQUIPMENT, SERVICE OR TECHNOLOGY THAT
DOES NOT MEET THE FORM, FUNCTION AND UTILITY REQUIRED BY SUCH AUTHORITY,
OR AS REQUIRING A STATE AUTHORITY TO  PROCURE  A  COMMODITY,  EQUIPMENT,
SERVICE  OR TECHNOLOGY THE COST OF WHICH EXCEEDS THE COST OF AN ALTERNA-
TIVE AVAILABLE COMMODITY  OR SERVICE BY MORE THAN TEN PERCENT.
  (B) WHEN DETERMINING AND COMPARING COSTS, STATE AGENCIES AND  AUTHORI-
TIES  SHALL CONSIDER COST AS DEFINED IN SECTION ONE HUNDRED SIXTY OF THE
STATE FINANCE LAW.
  6. TRAINING AND EDUCATION. OGS, WITH THE ASSISTANCE OF  THE  DEC,  THE
DEPARTMENT  OF  HEALTH,  AND THE OFFICE OF THE STATE COMPTROLLER, WITHIN
TWELVE MONTHS OF THE EFFECTIVE DATE OF THIS SECTION,  SHALL  DESIGN  AND
BEGIN IMPLEMENTATION OF A TRAINING PROGRAM FOR SENIOR MANAGERS AND STATE
AUTHORITY  STAFF  INVOLVED IN PROCUREMENT TO FAMILIARIZE THEM WITH THEIR
RESPONSIBILITIES UNDER THIS SECTION  AND ENSURE THE EFFECTIVE AND  EFFI-
CIENT  IMPLEMENTATION  OF  THE  PROVISIONS OF THIS SECTION. SUCH PROGRAM
SHALL PROVIDE FOR NEW EMPLOYEE TRAINING AND ONGOING TRAINING.
  S 2998. STATE AUTHORITIES ENERGY EFFICIENCY COUNCIL. THERE  IS  HEREBY
ESTABLISHED  WITHIN  DEC  A STATE AUTHORITIES ENERGY EFFICIENCY COUNCIL.
THE COMMISSIONER OF DEC SHALL DETERMINE THE NUMBER OF, AND  APPOINT  THE
MEMBERS TO THE COUNCIL, PROVIDED THAT THERE SHALL BE AT LEAST ONE REPRE-
SENTATIVE  EACH  FROM  NYSERDA AND OGS. THE COUNCIL SHALL BE RESPONSIBLE
FOR MONITORING, OVERSEEING AND REPORTING ON THE ACTIONS TAKEN  BY  STATE
AUTHORITIES  TO ACHIEVE THE ENERGY REDUCTION TARGETS REQUIRED UNDER THIS
TITLE, AND SHALL HAVE THE FOLLOWING DUTIES AND RESPONSIBILITIES:
  1. DEVELOP FORMATS FOR THE ENERGY EFFICIENCY PLAN, SOLID WASTE MANAGE-
MENT PLAN AND PROGRESS REPORTS, AND ESTABLISH THE DATES  FOR  SUBMISSION
OF THE PLANS AND REPORTS;
  2.  ASSIST  STATE  AUTHORITIES  AND  THEIR COORDINATORS TO PREPARE THE
ENERGY EFFICIENCY AND WASTE MANAGEMENT PLANS, TO  IMPLEMENT  THE  PLANS,
AND TO MEET THE TARGETS AND GOALS SET FORTH IN THIS TITLE;
  3. APPROVE THE ENERGY EFFICIENCY PLAN OR WASTE MANAGEMENT PLAN SUBMIT-
TED BY A STATE AUTHORITY;
  4.  EVALUATE  THE  PROGRESS OF STATE AUTHORITIES IN IMPLEMENTING THEIR
ENERGY EFFICIENCY AND WASTE MANAGEMENT PLANS, AND  MEETING  THE  TARGETS
AND GOALS SET FORTH IN THIS TITLE;
  5.  COMPILE  THE  INFORMATION  SUBMITTED  BY  STATE AUTHORITIES IN THE
PROGRESS REPORTS AND REPORT ON THE PROGRESS MADE  TOWARD  ACHIEVING  THE
GOALS DESCRIBED IN THE EFFICIENCY PLAN;
  6.  PROVIDE  TECHNICAL  ASSISTANCE  TO  STATE AUTHORITIES NECESSARY TO
SATISFY REPORTING REQUIREMENTS;
  7. DEVELOP AND MAINTAIN DATA MANAGEMENT SYSTEMS AS  ARE  NECESSARY  TO
DOCUMENT  ENERGY  USAGE  IN A MANNER CONSISTENT WITH, AND IN SUPPORT OF,
THE DEVELOPMENT AND IMPLEMENTATION OF THE ENERGY EFFICIENCY TARGETS  AND
GOALS;
  8. PREPARE AN ANNUAL REPORT TO THE GOVERNOR AND THE LEGISLATURE PURSU-
ANT TO SECTION TWENTY-NINE HUNDRED NINETY-NINE OF THIS TITLE.
  S 2999. REPORTS. 1. PROGRESS REPORTS. (A) THE SUSTAINABILITY COORDINA-
TOR  OF  EACH STATE AUTHORITY SHALL PREPARE AND SUBMIT TO THE COUNCIL AN
ANNUAL PROGRESS REPORT IN A FORM OR MANNER, CONTAINING SUCH  INFORMATION
OR DATA, AND ON SUCH DATE DETERMINED BY THE COUNCIL. THE REPORT SHALL BE

S. 7366                             8

CERTIFIED  AS  ACCURATE  AND  COMPLETE  BY THE EXECUTIVE DIRECTOR OF THE
STATE AUTHORITY.
  (B) AT A MINIMUM, SUCH REPORT SHALL DESCRIBE:
  (1)  THE  STATE  AUTHORITY'S EFFORTS REGARDING REDUCTION IN ENERGY AND
WATER CONSUMPTION; WASTE REDUCTION AND  RECYCLING  ACTIVITIES;  RECYCLED
PRODUCT PROCUREMENT; QUANTITIES OF MATERIAL RECYCLED;
  (2)  THE  PROGRESS MADE TOWARD ACHIEVING THE TARGET AND GOALS MANDATED
IN THIS TITLE;
  (3) THE PROGRESS MADE TOWARD INCREASING THE USE  OF  RENEWABLE  ENERGY
SOURCES; AND
  (4)  BARRIERS  TO  ACHIEVING  PROGRESS TOWARDS MEETING THE TARGETS AND
GOALS.
  (C) THE COUNCIL, INSTEAD OF DEVELOPING ITS OWN  PROGRESS  REPORT,  MAY
DETERMINE  TO  ALLOW A STATE AUTHORITY TO USE THE PROGRESS REPORT DEVEL-
OPED BY THE STATE INTERAGENCY  COMMITTEE  PURSUANT  TO  EXECUTIVE  ORDER
NUMBER  FOUR  OF  TWO  THOUSAND  EIGHT,  PROVIDED  THAT  THE INFORMATION
REQUIRED IN THE PROGRESS REPORT DEVELOPED BY SUCH COMMITTEE IS  CONSIST-
ENT WITH THE INFORMATION REQUIRED UNDER THIS SECTION.
  2. ANNUAL REPORT. THE COUNCIL SHALL PREPARE AND SUBMIT TO THE GOVERNOR
AND THE LEGISLATURE AN ANNUAL REPORT, WHICH SHALL CONTAIN THE FOLLOWING:
  (A)  A  SUMMARY  OF THE RESULTS FROM THE PROGRESS REPORTS SUBMITTED BY
THE STATE AUTHORITIES;
  (B) A DESCRIPTION OF THE OVERALL PROGRESS  BY  THE  STATE  AUTHORITIES
TOWARDS  ACHIEVING  THE  ENERGY  CONSUMPTION  AND  WATER  USE  REDUCTION
TARGETS;
  (C) A DESCRIPTION OF THE OVERALL PROGRESS  BY  THE  STATE  AUTHORITIES
TOWARDS IMPLEMENTING THEIR WASTE MANAGEMENT PLANS;
  (D)  A  COMPARISON OF RESULTS OF ENERGY EFFICIENCY ACTIVITIES TAKEN BY
THE STATE AUTHORITIES DURING PRIOR YEARS;
  (E) IDENTIFYING THOSE STATE AUTHORITIES  THAT  HAVE  PERFORMED  POORLY
TOWARDS ACHIEVING THE EFFICIENCY TARGETS AND GOALS OR IMPLEMENTING THEIR
WASTE MANAGEMENT PLAN;
  (F)  RECOMMENDATIONS  TO  IMPROVE OR ENHANCE THE ENERGY EFFICIENCY AND
WASTE MANAGEMENT EFFORTS OF STATE AUTHORITIES.
  S 2999-A. ASSISTANCE FROM OTHER AUTHORITIES. UPON THE REQUEST  OF  ANY
STATE AUTHORITY THAT IS SUBJECT TO THE PROVISIONS OF THIS TITLE AND THAT
IS LOCATED IN ITS SERVICE AREAS, THE POWER AUTHORITY OF THE STATE OF NEW
YORK OR THE LONG ISLAND POWER AUTHORITY, WHICHEVER IS APPROPRIATE, SHALL
PROVIDE  WHATEVER  ASSISTANCE NECESSARY TO HELP THE STATE AUTHORITY MEET
THE ENERGY EFFICIENCY TARGETS AND OTHER GOALS ESTABLISHED IN THIS TITLE.
SUCH ASSISTANCE SHALL INCLUDE, BUT NOT BE LIMITED TO:
  1. FINANCING AND DEVELOPING PROGRAMS TO  INCREASE  THE  EFFICIENCY  OF
ENERGY USE AND TO FACILITATE THE DEVELOPMENT OF CO-GENERATION;
  2.  FINANCING,  DESIGNING,  DEVELOPING AND PROVIDING ENERGY EFFICIENCY
AND CLEAN ENERGY TECHNOLOGY PROJECTS, PROGRAMS AND SERVICES;
  3.  FINANCING,  DESIGNING,  DEVELOPING  AND  PROVIDING  PROGRAMS   AND
SERVICES  RELATED TO RENOVATION OR RETROFITTING OF BUILDINGS AND FACILI-
TIES TO ADDRESS ENERGY  EFFICIENCY,  ENERGY  CONSERVATION,  THE  USE  OF
RENEWABLE ENERGY AND THE REDUCTION OF AIR AND OTHER POLLUTION.
  S 2. Severability. If any clause, sentence, paragraph, section or part
of  this act shall be adjudged by any court of competent jurisdiction to
be invalid, the judgment shall not affect,  impair,  or  invalidate  the
remainder thereof, but shall be confined in its operation to the clause,
sentence,  paragraph,  section  or part thereof directly involved in the
controversy in which the judgment shall have been rendered.
  S 3. This act shall take effect immediately.