NY State Senate Bill 2017-S8367

Archive: Last Bill Status - In Senate Committee Finance Committee

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 15, 2018	reported and committed to finance
May 03, 2018	referred to corporations, authorities and commissions

Votes

- May 15, 2018 - Corporations, Authorities And Commissions Committee Vote
  S8367
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Corporations, Authorities And Commissions Committee Vote: May 15, 2018
      
      aye (7)
      
      Alcantara
      
      Amedore
      
      Comrie
      
      Kavanagh
      
      Larkin
      
      Ortt
      
      Ranzenhofer

2017-S8367 (ACTIVE) - Details

See Assembly Version of this Bill:: A9998
Current Committee:: Senate Finance
Law Section:: Public Authorities
Laws Affected:: Add Art 10-A, Chap 154 of 1921
Versions Introduced in Other Legislative Sessions:: 2011-2012: A10597
2013-2014: A3642
2015-2016: A6765
2019-2020: S2268, A1196
2021-2022: S5826

2017-S8367 (ACTIVE) - Summary

Establishes environmental standards for the Port Authority of New York and New Jersey.

2017-S8367 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8367

SPONSOR: RANZENHOFER
 
TITLE OF BILL:  An act to amend chapter 154 of the laws of 1921,
relating to the Port Authority of New York and New Jersey, in relation
to establishing environmental standards for the Port Authority of New
York and New Jersey

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would require the Port Authority of New York and New Jersey to
meet certain energy conservation targets, prepare and implement energy
conservation and waste management plans.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill adds a new article X-A to Chapter 154 of the
Laws of 1921 to impose energy conservation standards on the Port Author-
ity of New York and New Jersey. Among other things, this legislation
would:  *establish energy conservation targets and timetables to be met
by the Port Authority to reduce greenhouse gas emissions, overall energy

consumption and water usage;

*require the Port Authority to reduce overall energy consumption at
their buildings and facilities;

*set out provisions for an energy assessment and efficiency plan,
requiring the Port Authority to conduct an annual onsite assessment and
evaluation of energy and water consumption;

*require the Port Authority to prepare and implement an energy conserva-
tion plan and a solid waste management plan;

*require the Port Authority to appoint an energy conservation coordina-
tor to organize, coordinate, oversee and report on its energy conserva-
tion activities;

* provide that the design and construction of any new buildings or
facilities or the substantial renovation of an existing building or
facility by the Port Authority of New York and New Jersey shall comply
with the environmental and sustainability standards promulgated by the
State Department of Environmental Conservation and the State Department
of Environmental Protection;

*require all purchases made by the Port Authority to be from lists and
specifications promulgated by the NYS OGS and NJ Division of Purchase
and Property; and

*require NYS DEC and NJ DEP to establish a state authorities energy
conservation council to approve plans submitted by the Port Authority,
and to monitor and report on the actions taken by the Port Authority to
meet the energy conservation targets and timetables.

Section two of the bill sets forth the severability clause.

Section three provides the effective date.

 
JUSTIFICATION:

There is no disagreement or dispute over the importance and need to
conserve energy and reduce our dependence on non-renewable energy sourc-
es. To both protect the environment and to reduce costs, it is vital to
reduce energy consumption and produce cost savings in the operations of
this large bi-state authority.

To achieve these goals, this bill will require the Port Authority to:

*benchmark its historic and current usage patterns; *take an inventory
of its energy conservation activities;

*identify and prioritize buildings and facilities of 10,000 square feet
or more for energy efficiency upgrades;

*assess its energy and water usage, and develop and implement a plan to
meet certain energy conservation targets and timetables;

*develop and implement a plan to manage waste disposal; and *report on
the progress of meeting the targets and timetables.

By setting clean energy targets and developing energy conservation prac-
tices, the Port Authority can also play an important role in the devel-
opment and support of new and local green technologies, fostering inno-
vation and benefitting the New York and New Jersey economies.

 
PRIOR LEGISLATIVE HISTORY:

A.3613 of 2017, Referred to Corporations, Authorities and Commissions.
A.6765 of 2015/16, Referred to Ways and Means/Referred to Corporations
A.10597 of 2012, Referred to Ways and Means.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect upon the state of New Jersey passing legis-
lation; or immediately if they have already passed such legislation.

2017-S8367 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8367
 
                             I N  S E N A T E
 
                                May 3, 2018
                                ___________
 
 Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
   when printed to be committed to the Committee on Corporations, Author-
   ities and Commissions
 
 AN ACT to amend chapter 154 of the laws of 1921, relating  to  the  Port
   Authority  of  New  York  and  New Jersey, in relation to establishing
   environmental standards for the Port Authority of  New  York  and  New
   Jersey

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Chapter 154 of the laws  of  1921,  relating  to  the  Port
 Authority of New York and New Jersey, is amended by adding a new article
 X-A to read as follows:
                                 ARTICLE X-A
   §  1.    DEFINITIONS.  FOR THE PURPOSES OF THIS ARTICLE, 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 THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY 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 THE PORT AUTHORITY OF NEW YORK AND
 NEW JERSEY.
   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.
   3. "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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07602-01-7

 S. 8367                             2
 
   4. "FUEL CELL" MEANS A DEVICE THAT PRODUCES ELECTRICITY DIRECTLY  FROM
 HYDROGEN  OR  HYDROCARBON FUEL THROUGH A NON-COMBUSTIVE ELECTRO-CHEMICAL
 PROCESS.
   5.  "RENEWABLE ENERGY" MEANS ENERGY PRODUCED FROM THE FOLLOWING SOURC-
 ES: SOLAR THERMAL,  PHOTOVOLTAICS,  WIND,  HYDROELECTRIC,  GEO-EXCHANGE,
 TIDAL/WAVE ENERGY AND HIGH-EFFICIENCY BIOMASS.
   §  2.  ENERGY  TARGETS.  1. ALL BUILDINGS OR FACILITIES OR VEHICLES OR
 VEHICLE FLEETS OWNED OR LEASED, UNDER WHICH THE PORT  AUTHORITY  OF  NEW
 YORK  AND  NEW  JERSEY PAYS DIRECTLY FOR ENERGY, OR OPERATED BY THE PORT
 AUTHORITY OF NEW YORK AND NEW JERSEY, 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 PORT AUTHORITY OF
 NEW YORK AND NEW JERSEY OPERATIONS FROM THE ESTABLISHED  BASELINE  MEAS-
 UREMENTS  BY  FIFTEEN PERCENT BY THE YEAR TWO THOUSAND TWENTY-TWO, TWEN-
 TY-FIVE PERCENT BY THE YEAR TWO THOUSAND TWENTY-SEVEN AND FIFTY  PERCENT
 BY  THE YEAR TWO THOUSAND THIRTY-TWO. EMISSION REDUCTIONS SHALL BE MEAS-
 URED 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 PORT AUTHOR-
 ITY OF NEW YORK AND NEW JERSEY PAYS DIRECTLY FOR  ENERGY,  BY  THE  PORT
 AUTHORITY OF NEW YORK AND NEW JERSEY FROM THE ESTABLISHED BASELINE MEAS-
 UREMENTS  BY  FIFTEEN PERCENT BY THE YEAR TWO THOUSAND TWENTY-TWO, TWEN-
 TY-FIVE PERCENT BY THE YEAR TWO THOUSAND TWENTY-SEVEN AND FIFTY  PERCENT
 BY THE YEAR TWO THOUSAND THIRTY-TWO;
   (C) REDUCE POTABLE WATER USE FROM THE ESTABLISHED BASELINE MEASUREMENT
 BY  TEN  PERCENT  BY THE YEAR TWO THOUSAND TWENTY-TWO, TWENTY PERCENT BY
 THE YEAR TWO THOUSAND TWENTY-SEVEN AND THIRTY PERCENT BY  THE  YEAR  TWO
 THOUSAND THIRTY-TWO; 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 TWENTY-TWO, TWENTY-
 FIVE PERCENT BY THE YEAR TWO THOUSAND TWENTY-SEVEN AND FIFTY PERCENT  BY
 THE YEAR TWO THOUSAND THIRTY-TWO.
   2.  THE  PORT  AUTHORITY  OF NEW YORK AND NEW JERSEY SHALL ESTABLISH A
 BASELINE MEASUREMENT OF GREENHOUSE GAS EMISSIONS, ELECTRICITY AND  WATER
 CONSUMPTION  LEVELS FOR THE PERIOD BEGINNING JANUARY FIRST, TWO THOUSAND
 FOURTEEN AND ENDING DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN FOR SUCH
 BUILDING OR FACILITY OR VEHICLE OR VEHICLE FLEET.  THE BASELINE MEASURE-
 MENT SHALL BE THE AVERAGE OF THE TWO YEAR PERIOD.
   § 3. ENERGY ASSESSMENTS AND EFFICIENCY PLAN.  1.  ENERGY  ASSESSMENTS.
 THE  PORT  AUTHORITY  OF NEW YORK AND NEW JERSEY SHALL CONDUCT AN ANNUAL
 ONSITE ASSESSMENT AND EVALUATION OF ENERGY  AND  WATER  CONSUMPTION  AND
 EXPENSES  OF  ANY  BUILDING OR FACILITY IT OWNS, LEASES OR OPERATES. THE
 ASSESSMENT SHALL INCLUDE THE FOLLOWING INFORMATION:
   (A) THE TOTAL NUMBER OF BUILDINGS  AND  FACILITIES  OWNED,  LEASED  OR
 OPERATED  BY THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY AND THE TOTAL
 SQUARE FOOTAGE FOR SUCH BUILDINGS AND FACILITIES;
   (B) THE TOTAL ANNUAL ENERGY CONSUMPTION, LISTED BY ENERGY SOURCE,  FOR
 EACH BUILDING OR FACILITY;
   (C) THE TOTAL ANNUAL ENERGY COST CALCULATED PER SQUARE FOOT, AND LIST-
 ED BY ENERGY SOURCE, FOR EACH BUILDING OR FACILITY;
   (D) THE TOTAL ANNUAL WATER CONSUMPTION FOR EACH BUILDING OR FACILITY;
   (E)  THE  TOTAL ANNUAL COST FOR FUEL USED BY AUTHORITY-OWNED VEHICLES,
 LISTED BY FUEL TYPE AND THE AVERAGE MILEAGE EFFICIENCY  OF  VEHICLES  BY

 S. 8367                             3
 
 VEHICLE  CLASS OWNED OR LEASED BY THE PORT AUTHORITY OF NEW YORK AND NEW
 JERSEY; AND
   (F)  A  BREAKDOWN  BY PERCENTAGE OF THE TOTAL RENEWABLE ENERGY USED BY
 EACH BUILDING OR FACILITY.
   2. ENERGY  EFFICIENCY  PLAN.  (A)  BASED  ON  THE  INITIAL  ASSESSMENT
 CONDUCTED PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE PORT AUTHORI-
 TY OF NEW YORK AND NEW JERSEY SHALL DEVELOP AN ENERGY EFFICIENCY PLAN TO
 MEET  THE  TARGETS, GOALS AND TIMETABLE ESTABLISHED PURSUANT TO SUBDIVI-
 SION ONE OF SECTION TWO OF THIS ARTICLE. SUCH PLAN SHALL BE SUBMITTED TO
 THE GOVERNORS AND LEGISLATURES OF BOTH STATES.
   (B) THE PLAN SHALL DESCRIBE SPECIFIC MEASURES TO BE  TAKEN  TO  REDUCE
 THE  PORT  AUTHORITY  OF  NEW YORK AND NEW JERSEY'S GREENHOUSE GAS EMIS-
 SIONS, ENERGY AND WATER CONSUMPTION IN ACCORDANCE WITH SUCH TARGETS  AND
 GOALS.  THE  PLAN SHALL ALSO DESCRIBE ANY POLICIES ADOPTED, AND PROJECTS
 PURSUED, BY THE PORT AUTHORITY OF NEW YORK AND NEW  JERSEY  TO  INCREASE
 THE  USE OF RENEWABLE ENERGY SOURCES AND OTHER ALTERNATIVE SOURCES, SUCH
 AS DISTRIBUTIVE GENERATION AND COGENERATION.
   (C) THE PLAN SHALL:
   (1) PROVIDE A  DETAILED  AND  COMPREHENSIVE  PLAN  FOR  ACHIEVING  THE
 TARGETS AND GOALS SET FORTH IN SECTION TWO OF THIS ARTICLE; AND
   (2) 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, THE PORT AUTHORITY OF  NEW  YORK  AND
 NEW JERSEY IS ENCOURAGED TO ASSESS, DEVELOP AND IMPLEMENT EFFICIENCY AND
 WASTE MANAGEMENT PLANS CONSISTENT WITH THE TARGETS, GOALS AND TIMETABLES
 REQUIRED PURSUANT TO THIS ARTICLE.
   §  4.  SOLID  WASTE  MANAGEMENT PLAN. 1. FOR PURPOSES OF THIS SECTION,
 "SOLID WASTE" SHALL MEAN ALL PUTRESCIBLE AND  NON-PUTRESCIBLE  MATERIALS
 OR  SUBSTANCES  DISCARDED OR REJECTED AS BEING SPENT, USELESS, WORTHLESS
 OR IN EXCESS TO THE OWNERS AT THE TIME OF  SUCH  DISCARD  OR  REJECTION,
 INCLUDING,  BUT  NOT LIMITED TO, GARBAGE, REFUSE, INDUSTRIAL AND COMMER-
 CIAL WASTE, SLUDGES FROM  AIR  OR  WATER  CONTROL  FACILITIES,  RUBBISH,
 ASHES,  CONTAINED  GASEOUS MATERIAL, INCINERATOR RESIDUE, DEMOLITION AND
 CONSTRUCTION DEBRIS, DISCARDED AUTOMOBILES AND OFFAL BUT  NOT  INCLUDING
 SEWAGE  AND  OTHER  HIGHLY DILUTED WATER CARRIED MATERIALS OR SUBSTANCES
 AND THOSE IN GASEOUS FORM.  "SOLID  WASTE"  SHALL  NOT  INCLUDE  SOURCE,
 SPECIAL  NUCLEAR  OR BY-PRODUCT MATERIAL AS DEFINED IN THE ATOMIC ENERGY
 ACT OF 1954, AS AMENDED.
   2. (A) THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY SHALL PREPARE AND
 SUBMIT TO THE COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF  ENVIRON-
 MENTAL CONSERVATION AND THE COMMISSIONER OF THE NEW JERSEY STATE DEPART-
 MENT  OF ENVIRONMENTAL PROTECTION FOR REVIEW AND APPROVAL, A SOLID WASTE
 MANAGEMENT PLAN FOR AT LEAST A TEN-YEAR PERIOD.
   (B) THE SOLID WASTE MANAGEMENT PLAN 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.

 S. 8367                             4
 
   (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 PLAN SHALL BE DEEMED COMPLETE IF IT CONTAINS ALL THE ELEMENTS
 SET FORTH IN PARAGRAPH (B) OF THIS  SUBDIVISION.  THEREAFTER  SUCH  PLAN
 SHALL  BECOME  THE  SOLID  WASTE  MANAGEMENT PLAN IN EFFECT FOR THE PORT
 AUTHORITY OF NEW YORK AND NEW JERSEY. IF THE PLAN AS SUBMITTED DOES  NOT
 CONTAIN THE ELEMENTS SET FORTH IN PARAGRAPH (B) OF THIS SUBDIVISION, THE
 COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVA-
 TION  OR THE COMMISSIONER OF THE NEW JERSEY STATE DEPARTMENT OF ENVIRON-
 MENTAL PROTECTION SHALL STATE THE  REASONS  FOR  ITS  DETERMINATION  AND
 REQUIRE  THE  PORT  AUTHORITY OF NEW YORK AND NEW JERSEY TO RE-SUBMIT AN
 AMENDED PLAN FOR APPROVAL.
   § 5. SUSTAINABILITY COORDINATOR. 1. THE PORT AUTHORITY OF NEW YORK AND
 NEW JERSEY SHALL APPOINT A SUSTAINABILITY COORDINATOR TO ORGANIZE, COOR-
 DINATE, OVERSEE AND REPORT ON THE ENERGY EFFICIENCY AND WASTE MANAGEMENT
 ACTIVITIES OF THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY. THE COORDI-
 NATOR 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 EIGHT  OF
 THIS ARTICLE; AND
   (E)  DISSEMINATE  ALL  APPLICABLE  INFORMATION TO AUTHORITY STAFF, AND
 TRACKING AND REPORTING ALL REQUESTED ENERGY CONSUMPTION OR WASTE MANAGE-
 MENT DATA.
   2. THE COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF  ENVIRONMENTAL
 CONSERVATION  AND THE COMMISSIONER OF THE NEW JERSEY STATE DEPARTMENT OF
 ENVIRONMENTAL PROTECTION SHALL DEVELOP AND CONDUCT  A  TRAINING  PROGRAM
 FOR THE SUSTAINABILITY COORDINATOR AND ASSIST HIM OR HER WITH THE TRAIN-
 ING OF APPROPRIATE STAFF, VENDORS AND CONTRACTORS.
   §  6.  NEW CONSTRUCTION, RENOVATIONS AND LEASES. 1. (A) THE DESIGN AND
 CONSTRUCTION OF ANY NEW BUILDINGS  OR  FACILITIES,  OR  THE  SUBSTANTIAL
 RENOVATION OF AN EXISTING BUILDING OR FACILITY, BY THE PORT AUTHORITY OF
 NEW YORK AND NEW JERSEY SHALL COMPLY WITH THE ENVIRONMENTAL AND SUSTAIN-
 ABILITY STANDARDS AND REGULATIONS PROMULGATED JOINTLY BY THE COMMISSION-
 ER  OF  THE  NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND
 THE COMMISSIONER OF THE NEW JERSEY  STATE  DEPARTMENT  OF  ENVIRONMENTAL
 PROTECTION. 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 THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY.
   (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.

 S. 8367                             5
 
   2. ANY LEASES ENTERED INTO BY THE PORT AUTHORITY OF NEW YORK  AND  NEW
 JERSEY,  INCLUDING  THE  RENEGOTIATION  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.
   §  7.  PROCUREMENT.  1.  PROCUREMENT  FROM SPECIFICATION LIST. (A) ALL
 PURCHASES OF COMMODITY, EQUIPMENT, SERVICES AND TECHNOLOGIES MADE BY THE
 PORT AUTHORITY OF NEW YORK AND NEW JERSEY SHALL BE PURSUANT TO  PROCURE-
 MENT  LISTS AND SPECIFICATIONS PROMULGATED JOINTLY BY THE NEW YORK STATE
 OFFICE OF GENERAL SERVICES AND THE NEW JERSEY STATE DIVISION OF PURCHASE
 AND PROPERTY.
   (B) IN ADDITION, THE PORT AUTHORITY OF NEW YORK AND NEW  JERSEY  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
 MEET  OR  EXCEED THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY'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 MINIMUM 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  THE  PROCUREMENT  LIST,  THE
 PORT  AUTHORITY  OF NEW YORK AND NEW JERSEY SHALL SELECT ENERGY STAR AND
 ENERGY-EFFICIENT PRODUCTS WHEN ACQUIRING ENERGY-USING PRODUCTS OR EQUIP-
 MENT. FOR PRODUCTS OR EQUIPMENT FOR WHICH ENERGY STAR LABELS ARE NOT YET
 AVAILABLE, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY  SHALL  PROCURE
 PRODUCTS  AND  EQUIPMENT  WITH THE HIGHEST ENERGY EFFICIENCY RATINGS FOR
 SUCH PRODUCTS OR EQUIPMENT AS IS PRACTICABLE.
   3. THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY MAY PROCURE A COMMOD-
 ITY, 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 INFOR-
 MATION:

 S. 8367                             6
 
   (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,
 THE  PORT  AUTHORITY  OF NEW YORK AND NEW JERSEY, WHEN PROCURING COMMOD-
 ITIES, EQUIPMENT, SERVICES OR  TECHNOLOGY  SHALL  FOLLOW  PRACTICES  AND
 DEVELOP  SOLICITATION  SPECIFICATIONS  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 SPECIFI-
 CATIONS WERE MET.
   (B)  IN  THE  EVENT THAT THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY
 RECEIVES NO BIDS OR PROPOSALS THAT  MEET  THE  SPECIFICATIONS  DEVELOPED
 PURSUANT  TO PARAGRAPH (A) OF THIS SUBDIVISION, SUCH AUTHORITY MAY WITH-
 DRAW THE REQUEST FOR BIDS OR PROPOSALS AND BEGIN A NEW PROCUREMENT  WITH
 NEW  SPECIFICATIONS THAT DO NOT MEET THE SPECIFICATIONS DEVELOPED PURSU-
 ANT TO PARAGRAPH (A) OF THIS SUBDIVISION AND AWARD A CONTRACT IN ACCORD-
 ANCE WITH OTHER APPLICABLE STATUTES; PROVIDED, HOWEVER THAT SUCH AUTHOR-
 ITY SHALL DOCUMENT THE REASONS WHY SUCH PROCUREMENT DOES  NOT  MEET  THE
 MINIMUM  SPECIFICATIONS  ESTABLISHED IN SUBDIVISION ONE OF THIS SECTION,
 AND SUBMIT  SUCH  DOCUMENTATION  FOR  INCLUSION  IN  THE  ANNUAL  REPORT
 REQUIRED  PURSUANT  TO THIS ARTICLE AND TO THE OFFICE OF THE STATE COMP-
 TROLLER OF THE STATE OF NEW YORK AND THE OFFICE OF THE STATE COMPTROLLER
 OF THE STATE OF NEW JERSEY FOR INCLUSION IN THE PROCUREMENT RECORD.
   5. (A) NOTHING IN THIS SECTION SHALL BE  CONSTRUED  AS  REQUIRING  THE
 PORT AUTHORITY OF NEW YORK AND NEW JERSEY TO PROCURE A COMMODITY, EQUIP-
 MENT,  SERVICE  OR  TECHNOLOGY THAT DOES NOT MEET THE FORM, FUNCTION AND
 UTILITY REQUIRED BY SUCH AUTHORITY, OR AS REQUIRING THE  PORT  AUTHORITY
 OF NEW YORK AND NEW JERSEY TO PROCURE A COMMODITY, EQUIPMENT, SERVICE OR
 TECHNOLOGY  THE  COST OF WHICH EXCEEDS THE COST OF AN ALTERNATIVE AVAIL-
 ABLE COMMODITY OR SERVICE BY MORE THAN TEN PERCENT.
   (B) WHEN DETERMINING AND COMPARING COSTS, THE PORT  AUTHORITY  OF  NEW
 YORK  AND NEW JERSEY SHALL CONSIDER THE FOLLOWING DEFINITION. "COSTS" AS
 USED IN THIS ARTICLE SHALL BE  QUANTIFIABLE  AND  MAY  INCLUDE,  WITHOUT
 LIMITATION,  THE PRICE OF THE GIVEN GOOD OR SERVICE BEING PURCHASED; THE
 ADMINISTRATIVE, TRAINING, STORAGE, MAINTENANCE OR OTHER OVERHEAD ASSOCI-
 ATED WITH A GIVEN GOOD OR SERVICE; THE  VALUE  OF  WARRANTIES,  DELIVERY
 SCHEDULES,  FINANCING  COSTS  AND  FOREGONE OPPORTUNITY COSTS ASSOCIATED
 WITH A GIVEN GOOD OR SERVICE; AND THE  LIFE  SPAN  AND  ASSOCIATED  LIFE
 CYCLE  COSTS  OF  THE  GIVEN GOOD OR SERVICE BEING PURCHASED. LIFE CYCLE
 COSTS MAY INCLUDE, BUT SHALL NOT BE LIMITED TO, COSTS OR SAVINGS ASSOCI-
 ATED WITH CONSTRUCTION, ENERGY USE, MAINTENANCE, OPERATION, AND  SALVAGE
 OR DISPOSAL.
   6.  TRAINING  AND  EDUCATION.  THE  NEW  YORK  STATE OFFICE OF GENERAL
 SERVICES AND THE NEW JERSEY STATE DIVISION  OF  PURCHASE  AND  PROPERTY,
 WITH  THE  ASSISTANCE  OF THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL
 CONSERVATION AND  THE  NEW  JERSEY  STATE  DEPARTMENT  OF  ENVIRONMENTAL
 PROTECTION,  THE  NEW YORK STATE DEPARTMENT OF HEALTH AND THE NEW JERSEY
 STATE DEPARTMENT OF HEALTH AND SENIOR SERVICES, AND THE  OFFICE  OF  THE
 STATE  COMPTROLLER  OF THE STATE OF NEW YORK AND THE OFFICE OF THE STATE
 COMPTROLLER OF THE STATE OF NEW JERSEY,  WITHIN  TWELVE  MONTHS  OF  THE
 EFFECTIVE DATE OF THIS SECTION, SHALL DESIGN AND BEGIN IMPLEMENTATION OF

 S. 8367                             7
 
 A  TRAINING  PROGRAM  FOR SENIOR MANAGERS AND PORT AUTHORITY OF NEW YORK
 AND NEW JERSEY STAFF INVOLVED IN PROCUREMENT TO  FAMILIARIZE  THEM  WITH
 THEIR  RESPONSIBILITIES  UNDER THIS SECTION AND ENSURE THE EFFECTIVE AND
 EFFICIENT IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION. SUCH PROGRAM
 SHALL PROVIDE FOR NEW EMPLOYEE TRAINING AND ONGOING TRAINING.
   §  8.  REPORTS. 1. THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY SHALL
 PREPARE AND SUBMIT TO THE GOVERNORS OF THE STATES OF NEW  YORK  AND  NEW
 JERSEY  AND  THE STATE LEGISLATURES OF NEW YORK AND NEW JERSEY 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
 CERTIFIED AS ACCURATE AND COMPLETE BY THE EXECUTIVE DIRECTOR OF THE PORT
 AUTHORITY OF NEW YORK AND NEW JERSEY.
   2. AT A MINIMUM, SUCH REPORT SHALL DESCRIBE:
   (A) THE PORT AUTHORITY OF NEW  YORK AND NEW JERSEY'S EFFORTS REGARDING
 REDUCTION IN ENERGY AND WATER CONSUMPTION; WASTE REDUCTION AND RECYCLING
 ACTIVITIES; RECYCLED PRODUCT PROCUREMENT; QUANTITIES OF  MATERIAL  RECY-
 CLED;
   (B)  THE  PROGRESS MADE TOWARD ACHIEVING THE TARGET AND GOALS MANDATED
 IN THIS ARTICLE;
   (C) THE PROGRESS MADE TOWARD INCREASING THE USE  OF  RENEWABLE  ENERGY
 SOURCES; AND
   (D)  BARRIERS  TO  ACHIEVING  PROGRESS  TOWARD MEETING THE TARGETS AND
 GOALS.
   § 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.
   §  3.  This  act  shall take effect upon the enactment into law by the
 state of New Jersey of legislation having an identical effect with  this
 act,  but  if  the  state  of New Jersey shall have already enacted such
 legislation, this act shall take effect immediately; provided  that  the
 chairman  of  the port authority of New Jersey shall notify the legisla-
 tive bill drafting commission upon the occurrence of  the  enactment  of
 the  legislation  provided  for in section one of this act in order that
 the commission may maintain an accurate and timely effective  data  base
 of the official text of the laws of the state of New York in furtherance
 of  effectuating the provisions of section 44 of the legislative law and
 section 70-b of the public officers law.

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Senate Bill S8367

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

May 15, 2018 - Corporations, Authorities And Commissions Committee Vote

Corporations, Authorities And Commissions Committee Vote: May 15, 2018

2017-S8367 (ACTIVE) - Details

2017-S8367 (ACTIVE) - Summary

2017-S8367 (ACTIVE) - Sponsor Memo

2017-S8367 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8367

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Sponsored By

Michael H. Ranzenhofer

Archive: Last Bill Status - In Senate Committee Finance Committee

2017-S8367 (ACTIVE) - Details

2017-S8367 (ACTIVE) - Summary

2017-S8367 (ACTIVE) - Sponsor Memo

2017-S8367 (ACTIVE) - Bill Text download pdf

Comments