S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8779
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 25, 2019
                                ___________
 
 Introduced  by M. of A. FAHY, ENGLEBRIGHT, SEAWRIGHT, MOSLEY, GRIFFIN --
   read once and referred to the Committee on Energy
 
 AN ACT to amend the energy law, in relation to developing and implement-
   ing benchmarking standards for the total  annual  use  of  energy  and
   water for certain buildings

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 11-102 of the energy law is amended by adding three
 new subdivisions 3-a, 3-b and 7-a to read as follows:
   3-A. "BENCHMARKING." THE INPUT AND SUBMISSION TO THE BENCHMARKING TOOL
 OF THE TOTAL USE OF ENERGY AND WATER FOR A  BUILDING  FOR  THE  PREVIOUS
 CALENDAR YEAR AND ANY OTHER DESCRIPTIVE INFORMATION FOR SUCH BUILDING AS
 REQUIRED BY THE BENCHMARKING TOOL.
   3-B. "BENCHMARKING TOOL." THE INTERNET-BASED DATABASE SYSTEM DEVELOPED
 BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, AND ANY COMPLEMEN-
 TARY  INTERFACE  DESIGNATED  BY  THE  DEPARTMENT  OF STATE, TO TRACK AND
 ASSESS THE ENERGY AND WATER USE OF CERTAIN BUILDINGS RELATIVE TO SIMILAR
 BUILDINGS.
   7-A. "COVERED BUILDING." (A) A BUILDING LOCATED IN A CITY WITH A POPU-
 LATION OF LESS THAN ONE MILLION THAT EXCEEDS TWENTY-FIVE THOUSAND  GROSS
 SQUARE FEET AS RECORDED BY THE NEW YORK STATE DEPARTMENT OF TAXATION AND
 FINANCE,  (B)  TWO  OR  MORE BUILDINGS ON THE SAME TAX LOT THAT TOGETHER
 EXCEED FIFTY THOUSAND GROSS SQUARE FEET, OR (C) TWO  OR  MORE  CONDOMIN-
 IUMS,  DEVOTED  EXCLUSIVELY  TO  NON-RESIDENTIAL  PURPOSES, HELD UNDER A
 LEASE OR SUBLEASE, OR SEPARATE UNIT LEASES OR SUBLEASES,  THE  UNEXPIRED
 TERM OR TERMS OF WHICH ON THE DATE OF RECORDING OF THE DECLARATION SHALL
 NOT  BE  LESS  THAN  THIRTY YEARS, AND ARE GOVERNED BY THE SAME BOARD OF
 GOVERNORS THAT TOGETHER EXCEED FIFTY THOUSAND GROSS SQUARE FEET.
   § 2. The energy law is amended by adding a new section 11-111 to  read
 as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14061-03-9
              

 A. 8779                             2
 
   §  11-111.  BENCHMARKING  STANDARDS.  1. THE DEPARTMENT OF STATE SHALL
 PROMULGATE RULES AND REGULATIONS TO INSTITUTE BENCHMARKING STANDARDS FOR
 COVERED BUILDINGS AS DEFINED IN SUBDIVISION SEVEN-A OF SECTION 11-102 OF
 THIS ARTICLE.
   2.  SUCH STANDARDS SHALL INCLUDE PROVISIONS DIRECTING THAT AN OWNER OF
 A COVERED BUILDING SHALL BENCHMARK SUCH COVERED BUILDING NO  LATER  THAN
 MAY  FIRST, TWO THOUSAND TWENTY-ONE AND NO LATER THAN MAY FIRST ANNUALLY
 THEREAFTER.  FURTHERMORE, SUCH RULES SHALL SPECIFY THAT BENCHMARKING  OF
 WATER  USE  SHALL  NOT BE REQUIRED UNLESS THE BUILDING WAS EQUIPPED WITH
 AUTOMATIC METER READING EQUIPMENT BY THE DEPARTMENT  OF  STATE  FOR  THE
 ENTIRETY  OF THE PREVIOUS CALENDAR YEAR. THE OWNER OR THE OWNER'S REPRE-
 SENTATIVE PERFORMING THE BENCHMARKING SHALL CONSULT WITH  THE  OPERATING
 STAFF OF THE BUILDING, AS APPROPRIATE.
   3.  WHERE A UNIT OR OTHER SPACE IN A COVERED BUILDING IS OCCUPIED BY A
 TENANT AND SUCH UNIT OR SPACE IS SEPARATELY METERED BY A UTILITY  COMPA-
 NY,  THE  OWNER OF SUCH BUILDING SHALL REQUEST FROM SUCH TENANT INFORMA-
 TION RELATING TO SUCH TENANT'S SEPARATELY METERED  ENERGY  USE  FOR  THE
 PREVIOUS CALENDAR YEAR.
   4. SUCH TENANT SHALL REPORT INFORMATION REQUESTED PURSUANT TO SUBDIVI-
 SION  THREE OF THIS SECTION RELATING TO SUCH TENANT'S SEPARATELY METERED
 ENERGY USE FOR  THE  PREVIOUS  CALENDAR  YEAR  NO  LATER  THAN  FEBRUARY
 FIFTEENTH  OF  ANY YEAR IN WHICH THE OWNER IS REQUIRED TO BENCHMARK SUCH
 BUILDING. SUCH INFORMATION SHALL BE REPORTED IN A  FORM  AND  MANNER  AS
 DETERMINED BY THE DEPARTMENT OF STATE.
   5.  WHERE  AN  OWNER RECEIVES NOTICE THAT A TENANT INTENDS TO VACATE A
 UNIT OR OTHER SPACE PRIOR TO REPORTING INFORMATION  IN  ACCORDANCE  WITH
 SUBDIVISIONS  THREE  AND  FOUR OF THIS SECTION, SUCH OWNER SHALL REQUEST
 INFORMATION RELATING TO SUCH TENANT'S ENERGY USE FOR ANY PERIOD OF OCCU-
 PANCY RELEVANT TO SUCH OWNER'S OBLIGATION TO BENCHMARK.  ANY SUCH TENANT
 SHALL REPORT SUCH INFORMATION TO THE OWNER OF  SUCH  BUILDING  PRIOR  TO
 VACATING SUCH UNIT OR OTHER SPACE, OR, IF SUCH INFORMATION IS NOT AVAIL-
 ABLE  PRIOR TO VACATING SUCH UNIT OR OTHER SPACE, AS SOON AS PRACTICABLE
 THEREAFTER, REGARDLESS OF WHETHER SUCH OWNER HAS  REQUESTED  INFORMATION
 PURSUANT TO THIS SECTION.
   6.  THE  FAILURE  OF  ANY  OR  ALL  TENANTS  TO REPORT THE INFORMATION
 REQUIRED BY SUBDIVISIONS FOUR AND FIVE OF  THIS  SECTION  TO  THE  OWNER
 SHALL  NOT RELIEVE SUCH OWNER OF THE OBLIGATION TO BENCHMARK PURSUANT TO
 THIS SECTION, PROVIDED, HOWEVER, THAT SUCH OWNER SHALL NOT  BE  REQUIRED
 TO INCLUDE IN SUCH BENCHMARK INFORMATION NOT REPORTED BY A TENANT UNLESS
 OTHERWISE AVAILABLE TO SUCH OWNER.
   7.  AN  OWNER OF A COVERED BUILDING SHALL MAINTAIN ANY SUCH RECORDS AS
 THE DEPARTMENT OF STATE DETERMINES ARE NECESSARY FOR  CARRYING  OUT  THE
 PURPOSES  OF  THIS  SECTION, INCLUDING BUT NOT LIMITED TO, ANY ENERGY OR
 WATER BILL, AND ANY REPORT OR FORM RECEIVED FROM A TENANT. SUCH  RECORDS
 SHALL  BE  PRESERVED  FOR A PERIOD OF THREE YEARS. AT THE REQUEST OF THE
 DEPARTMENT OF STATE, SUCH RECORDS SHALL BE MADE AVAILABLE FOR INSPECTION
 AND AUDIT AT THE PLACE OF BUSINESS OF THE OWNER DURING  NORMAL  BUSINESS
 HOURS.
   8. IT SHALL BE UNLAWFUL FOR THE OWNER OF A COVERED BUILDING TO FAIL TO
 BENCHMARK PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
   9.  INFORMATION  GATHERED  PURSUANT  TO THIS SECTION SHALL BE DIRECTLY
 UPLOADED TO THE BENCHMARKING TOOL IN ACCORDANCE WITH THE FOLLOWING:
   (A) THE DEPARTMENT OF STATE SHALL ENCOURAGE AND FACILITATE ANY UTILITY
 COMPANY OR ANY OTHER SOURCE AUTHORIZED BY THE  DEPARTMENT  OF  STATE  TO
 UPLOAD  DIRECTLY  TO  THE BENCHMARKING TOOL ANY INFORMATION NECESSARY TO
 BENCHMARK A BUILDING WITHIN SIXTY DAYS OF THE COLLECTION OF SUCH  INFOR-

 A. 8779                             3
 
 MATION.  WHERE  INFORMATION  IS  UPLOADED DIRECTLY BY UTILITY COMPANY OR
 OTHER AUTHORIZED SOURCE, NEITHER THE OWNER NOR ANY TENANT SHALL BE OBLI-
 GATED TO REQUEST OR REPORT SUCH INFORMATION PURSUANT TO SUBDIVISION TWO,
 THREE, FOUR OR FIVE OF THIS SECTION AS APPLICABLE.
   (B)  THE DEPARTMENT OF STATE SHALL UPLOAD DIRECTLY TO THE BENCHMARKING
 TOOL INFORMATION ON WATER USE AT ALL BUILDINGS THAT WERE  EQUIPPED  WITH
 AUTOMATIC  METER  READING  EQUIPMENT  FOR  THE  ENTIRETY OF THE PREVIOUS
 CALENDAR YEAR AND THAT ARE SUBJECT TO THE BENCHMARKING  REQUIREMENTS  OF
 THIS SECTION.
   10. THE DEPARTMENT OF STATE MAY SUSPEND ALL OR PART OF THE REQUIREMENT
 TO  BENCHMARK  PURSUANT  TO  THIS  SECTION UPON A WRITTEN FINDING THAT A
 TECHNOLOGICAL DEFICIENCY IN THE BENCHMARKING TOOL  PRECLUDES  COMPLIANCE
 WITH  THIS  SECTION. THE DEPARTMENT OF STATE SHALL NOTIFY THE MEMBERS OF
 THE STATE FIRE PREVENTION AND BUILDING CODE COUNCIL,  THE  GOVERNOR  AND
 THE COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PROMPT-
 LY  UPON  ISSUING  A SUSPENSION OF LIFTING A SUSPENSION PURSUANT TO THIS
 SECTION.
   11. THE DEPARTMENT OF STATE SHALL MAKE A LIST  OF  ANY  BUILDINGS  FOR
 WHICH  NO  BENCHMARKING  INFORMATION  WAS  GENERATED BY THE BENCHMARKING
 TOOL.
   12. THE DEPARTMENT OF STATE SHALL:
   (A) ANNUALLY NOTIFY ALL OWNERS OF COVERED  BUILDINGS  OF  THEIR  OBLI-
 GATIONS  TO  BENCHMARK  PURSUANT  TO  SUBDIVISION  FOUR OF THIS SECTION,
 PROVIDED THAT THE FAILURE OF THE DEPARTMENT OF STATE TO NOTIFY ANY  SUCH
 OWNER  SHALL NOT AFFECT THE OBLIGATION OF SUCH OWNER TO BENCHMARK PURSU-
 ANT TO THIS SECTION.
   (B) NOTIFY ALL OWNERS OF A COVERED BUILDING OF ANY SUSPENSION  OR  THE
 LIFTING OF A SUSPENSION PURSUANT TO SUBDIVISION TEN OF THIS SECTION.
   13.  THE  DEPARTMENT  OF STATE SHALL MAKE ALL INFORMATION GENERATED BY
 THE BENCHMARKING TOOL  AVAILABLE  TO  THE  PUBLIC  ON  THE  DEPARTMENT'S
 WEBSITE  NO  LATER  THAN SEPTEMBER FIRST, TWO THOUSAND TWENTY-ONE AND NO
 LATER THAN SEPTEMBER FIRST ANNUALLY THEREAFTER FOR ANY COVERED  BUILDING
 WHOSE PRIMARY USE IS NOT RESIDENTIAL, AS DETERMINED BY THE DEPARTMENT OF
 STATE, AND NO LATER THAN SEPTEMBER FIRST, TWO THOUSAND TWENTY-TWO AND NO
 LATER  THAN  SEPTEMBER  FIRST  ANNUALLY THEREAFTER FOR COVERED BUILDINGS
 WHOSE PRIMARY USE IS RESIDENTIAL AS  DETERMINED  BY  THE  DEPARTMENT  OF
 STATE.  SUCH  INFORMATION  SHALL INCLUDE, BUT NOT BE LIMITED TO, (A) THE
 ENERGY UTILIZATION INDEX, (B) THE WATER USE PER GROSS SQUARE  FEET,  (C)
 WHERE  AVAILABLE, A RATING THAT COMPARES THE ENERGY AND WATER USE OF THE
 BUILDING TO THAT OF SIMILAR BUILDINGS, (D) A COMPARISON OF  DATA  ACROSS
 CALENDAR  YEARS  FOR  ANY YEARS SUCH BUILDING WAS BENCHMARKED, (E) EFFI-
 CIENCY FINDINGS CATEGORIZED BY BUILDING TYPE, AND  (F)  ANY  OTHER  SUCH
 INFORMATION AND ANALYSES AS THE DEPARTMENT OF STATE DEEMS APPROPRIATE.
   14.  (A)  THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY
 SHALL MAKE RECOMMENDATIONS REGARDING THE IMPLEMENTATION OF A  BENCHMARK-
 ING  PROGRAM  NO  LATER  THAN SEPTEMBER FIRST, TWO THOUSAND TWENTY. SUCH
 RECOMMENDATIONS SHALL INCLUDE QUALIFICATIONS FOR  BENCHMARKING  CONSULT-
 ANTS  AND  RECOMMENDATIONS ON OVERSIGHT AND EXEMPTIONS FROM BENCHMARKING
 REQUIREMENTS. SUCH RECOMMENDATIONS SHALL BE ADOPTED BY THE DEPARTMENT OF
 STATE.
   (B) THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY SHALL
 MAKE RECOMMENDATIONS REGARDING CHANGES AND UPDATES TO THE CODE BASED  ON
 THE  FINDINGS  OF THE BENCHMARKING TOOL NO LATER THAN JANUARY FIRST, TWO
 THOUSAND TWENTY-TWO AND NO LATER THAN JANUARY FIRST ANNUALLY THEREAFTER.
   (C) THE DEPARTMENT OF STATE SHALL  PROMULGATE  RULES  AND  REGULATIONS
 PURSUANT  TO  SUCH  RECOMMENDATIONS  MADE  BY  THE NEW YORK STATE ENERGY

 A. 8779                             4
 
 RESEARCH AND DEVELOPMENT AUTHORITY AND SHALL ISSUE A REPORT ON SUMMARIZ-
 ING SUCH REGULATORY CHANGES AND THE STATUS OF  THEIR  IMPLEMENTATION  NO
 LATER  THAN APRIL FIRST, TWO THOUSAND TWENTY-TWO AND NO LATER THAN APRIL
 FIRST ANNUALLY THEREAFTER.
   § 3. This act shall take effect immediately.