Senate Bill S5587

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

                                  5587

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 15, 2015
                               ___________

Introduced  by  Sen. HOYLMAN -- 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:

  Section 1.  Section 1005 of the public authorities law is  amended  by
adding a new subdivision 25 to read as follows:
  25.    ENERGY  EFFICIENCY IMPROVEMENTS OF STATE BUILDINGS SHALL BE THE
RESPONSIBILITY OF THE STATE AGENCIES  AND  AUTHORITIES.  NOTWITHSTANDING
ANY  LAW  TO THE CONTRARY, ALL "AFFECTED STATE ENTITIES" ("ASES"), WHICH
INCLUDES ALL AGENCIES AND DEPARTMENTS OVER WHICH THE GOVERNOR HAS EXECU-
TIVE AUTHORITY, AND ALL PUBLIC-BENEFIT CORPORATIONS, PUBLIC  AUTHORITIES
AND  COMMISSIONS  FOR  WHICH  THE GOVERNOR APPOINTS THE CHAIR, THE CHIEF
EXECUTIVE OR THE MAJORITY OF BOARD MEMBERS, EXCEPT FOR THE PORT AUTHORI-
TY OF NEW YORK AND NEW JERSEY, SHALL  BE  RESPONSIBLE  FOR  COLLECTIVELY
REDUCING  THEIR  ENERGY USE FOR ALL STATE-OWNED AND MANAGED BUILDINGS BY
AT LEAST TWENTY PERCENT FROM A BASELINE ESTABLISHED AS OF MARCH  THIRTY-
FIRST,  TWO THOUSAND TWELVE FOR SUCH BUILDINGS BY APRIL FIRST, TWO THOU-
SAND TWENTY-ONE ("TARGET").
  (A) THE AUTHORITY SHALL ESTABLISH A CENTRAL MANAGEMENT AND IMPLEMENTA-
TION TEAM ("CMIT") TO OVERSEE  THE  ASES  AND  ADMINISTER  ANY  PROGRAMS
NECESSARY TO ACHIEVE THE TARGET. THE CMIT IS HEREBY AUTHORIZED TO:
  (I) TAKE ALL APPROPRIATE MEASURES TO ENSURE THAT THE TARGET IS MET;
  (II) DIRECT ASES TO COMPLY WITH THE REQUIREMENTS OF THIS SUBDIVISION;
  (III)  CREATE  GUIDELINES  ("GUIDELINES")  TO ASSIST ASES IN COMPLYING
WITH THE REQUIREMENTS OF THIS SUBDIVISION, AND  THEREAFTER  UPDATE  SUCH
GUIDELINES AS NECESSARY;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01501-02-5
              

S. 5587                             2

  (IV) PROVIDE STRATEGIC, TECHNICAL, AND OTHER ASSISTANCE TO EACH ASE TO
SUPPORT IMPLEMENTATION OF THE TARGET;
  (V)  DEVELOP  ANNUAL MILESTONES FOR ACHIEVING THE TARGET OVER THE NEXT
SEVEN YEARS WITHIN TWELVE MONTHS OF THE EFFECTIVE DATE OF THIS  SUBDIVI-
SION;
  (VI)  DEVELOP  AND  IMPLEMENT  REPORTING REQUIREMENTS TO DOCUMENT EACH
ASE'S PROGRESS TOWARD MEETING THE TARGET;
  (VII) DEVELOP A COMPREHENSIVE OPERATIONS AND MAINTENANCE PLAN FOR  THE
STATE'S  BUILDING  PORTFOLIO  TO HELP ACHIEVE NO COST AND LOW COST EFFI-
CIENCY IMPROVEMENTS AND ENSURE THAT EFFICIENCY SAVINGS ARE SUSTAINED;
  (VIII) SUBMIT AN ANNUAL REPORT TO THE GOVERNOR BY JANUARY FIFTEENTH OF
EACH YEAR DETAILING THE OVERALL PROGRESS ASES ARE MAKING TOWARD  MEETING
THE TARGET.
  (B)  IN  ADDITION TO THE REQUIREMENTS ESTABLISHED IN THIS SUBDIVISION,
EACH ASE SHALL COMPLY WITH THE FOLLOWING:
  (I) FOR EACH STATE FISCAL YEAR, EACH ASE SHALL MEASURE THE ENERGY  USE
IN  STATE-OWNED AND MANAGED BUILDINGS HAVING AN AREA GREATER THAN TWENTY
THOUSAND SQUARE FEET;
  (II) BUILDINGS THAT RECEIVE LOW BENCHMARK SCORES, AS  DEFINED  BY  THE
GUIDELINES, SHALL UNDERGO AN AMERICAN SOCIETY OF HEATING, REFRIGERATION,
AND  AIR-CONDITIONING ENGINEERS ("ASHRAE") LEVEL II ENERGY AUDIT, OR ANY
OTHER COMPARABLE AUDIT THAT THE CMIT APPROVES.  IN  ADDITION  TO  ENERGY
EFFICIENCY   MEASURES,  THE  AUDITS  SHALL  IDENTIFY  OPPORTUNITIES  FOR
COST-EFFECTIVE ON-SITE RENEWABLE GENERATION AND HIGH-EFFICIENCY COMBINED
HEAT AND POWER;
  (III) ASES SHALL IMPLEMENT  A  COST-EFFECTIVE  PORTFOLIO  OF  MEASURES
IDENTIFIED  AND  RECOMMENDED  IN  THE  AUDIT  AND SHALL COMPLETE OR MAKE
SUBSTANTIAL PROGRESS TOWARD COMPLETION OF SUCH MEASURES WITHIN TWO YEARS
OF COMPLETION OF THE AUDIT. A PORTFOLIO MAY INCLUDE, BUT  SHALL  NOT  BE
LIMITED TO, NO- AND LOW-COST OPERATIONAL IMPROVEMENTS, RETRO-COMMISSION-
ING, CAPITAL ENERGY EFFICIENCY RETROFITS, ON-SITE RENEWABLE AND HIGH-EF-
FICIENCY  COMBINED  HEAT AND POWER, AND OTHER MEASURES IDENTIFIED BY THE
CMIT;
  (IV) ASES SHALL WORK WITH THE CMIT TO PRIORITIZE SUB-METERING FOR  ALL
RELEVANT  ENERGY  SOURCES  OF BUILDINGS LARGER THAN ONE HUNDRED THOUSAND
SQUARE FEET ON A MASTER-METERED CAMPUS TO IDENTIFY WAYS TO FINANCE  SUCH
SUB-METERING. ALL BUILDINGS HAVING AN AREA LARGER THAN ONE HUNDRED THOU-
SAND SQUARE FEET ON MASTER-METERED CAMPUSES SHALL BE SUB-METERED FOR ALL
FUELS  AND  OTHER  ENERGY SOURCES BY DECEMBER THIRTY-FIRST, TWO THOUSAND
SEVENTEEN, TO ENABLE INDIVIDUAL BUILDING BENCHMARKING,  UNLESS  THE  ASE
THAT  OWNS  OR OPERATES THE BUILDING CAN DEMONSTRATE TO THE CMIT THAT IT
IS NOT COST-EFFECTIVE OR FEASIBLE TO DO SO;
  (V) ASES SHALL INCLUDE AN ENERGY EFFICIENCY  ANALYSIS  IN  THE  DESIGN
PHASE  OF  ALL CAPITAL PROJECT PLANS. THE CAPITAL PROJECT SHOULD INCLUDE
ENERGY EFFICIENT MEASURES OR TECHNOLOGIES  DETERMINED  TO  BE  THE  MOST
COST-EFFECTIVE, AS DEFINED BY THE GUIDELINES;
  (VI)  ASES MAY RECEIVE CREDIT TOWARDS THE TARGET FOR INCREASING ENERGY
EFFICIENCY IN LEASED SPACE. IN ADDITION, ASES MAY RECEIVE CREDIT TOWARDS
MEETING THE TARGET FOR INSTALLING ON-SITE RENEWABLE  GENERATION  IF  THE
HOST  SITE FOR SUCH RENEWABLE GENERATION HAS DEPLOYED ALL COST-EFFECTIVE
ENERGY EFFICIENCY IMPROVEMENTS CONSISTENT WITH THE GOALS OF THIS  SUBDI-
VISION.  ASES  SHALL  CONSULT WITH AND APPLY TO THE CMIT CONCERNING SUCH
CREDITS;
  (VII) NO LATER THAN OCTOBER FIRST OF  EACH  CALENDAR  YEAR,  EACH  ASE
SHALL  SUBMIT  ALL  INFORMATION REQUESTED BY THE CMIT ON ALL STATE-OWNED
AND MANAGED BUILDINGS HAVING AN AREA OVER TWENTY THOUSAND  SQUARE  FEET,

S. 5587                             3

AS  WELL  AS  ANY OTHER INFORMATION RELATED TO ASSESSING COMPLIANCE WITH
THE REQUIREMENTS OF THIS SUBDIVISION. THE CMIT IS AUTHORIZED TO  PROVIDE
EXEMPTIONS  FOR  GOOD  CAUSE  SHOWN  PURSUANT TO CRITERIA AND PROCEDURES
ESTABLISHED  IN  THE  GUIDELINES,  INCLUDING  EXEMPTIONS ASSOCIATED WITH
BUILDINGS THAT HAVE OBTAINED  AND  MAINTAINED  ENERGY  STAR  OR  SIMILAR
CERTIFICATION,  OR  HAVE  BENCHMARK SCORES PLACING SUCH BUILDINGS IN THE
TOP QUARTILE OF COMPARABLE BUILDINGS FOR THE PARTICULAR YEAR  AT  ISSUE.
ALL  ASES  SHALL SUBMIT RESULTS FOR ANNUAL EXEMPTIONS TO THE CMIT IN THE
ANNUAL REPORT.  ELECTRIC USAGE ATTRIBUTABLE TO  VEHICLE  CHARGING  SHALL
NOT  BE  INCLUDED  IN THE TARGET AND OTHER REQUIREMENTS OF THIS SUBDIVI-
SION.
  S 2. This act shall take effect immediately.