S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    28
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 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 26 to read as follows:
   26.    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-FIVE ("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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04116-01-9
              

 S. 28                               2
 
   (III)  CREATE  GUIDELINES  ("GUIDELINES")  TO ASSIST ASES IN COMPLYING
 WITH THE REQUIREMENTS OF THIS SUBDIVISION, AND  THEREAFTER  UPDATE  SUCH
 GUIDELINES AS NECESSARY;
   (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
 TWENTY-ONE, 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;

 S. 28                               3
 
   (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,
 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.
   § 2. This act shall take effect immediately.