S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4931--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2023
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee on Governmental Operations -- committee discharged, bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT in relation to directing state agencies to adopt a sustainability
   and decarbonization program

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 1. Definitions. For the purposes of this act, the following
 terms shall have the following meanings:
   (a) "affected entities" shall mean any agency or department over which
 the governor has executive authority, including all  offices  and  divi-
 sions  thereof, as well as all public authorities for which the governor
 appoints the chair, the  chief  executive,  or  the  majority  of  board
 members,  including  all  offices  and divisions thereof, except for the
 port authority of New York and New Jersey. This shall also  include  the
 state university of New York and the city university of New York;
   (b)  "BuildSmart  2025"  shall  mean the collective effort by affected
 entities to reduce site energy use by 11 trillion British thermal  units
 (BTUs) by 2025 from a 2015 baseline;
   (c)  "council" shall mean the GreenNY council established under subdi-
 vision 2 of this act;
   (d) "disadvantaged  communities"  shall  mean  communities  that  bear
 burdens  of  negative  public  health  effects, environmental pollution,
 impacts of climate change, and possess certain  socioeconomic  criteria,
 or  comprise high-concentrations of low- and moderate-income households,
 as identified pursuant to section 75-0111 of the environmental conserva-
 tion law;
   (e) "light-duty vehicles" shall mean vehicles equal to  or  less  than
 10,000 pounds gross weight;
   (f)  "medium-  and  heavy-duty vehicles" shall mean vehicles more than
 10,000 pounds gross weight;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04795-02-3
              

 A. 4931--A                          2
 
   (g) "new construction" shall mean the construction of a  new  building
 that  is  occupied  during  all four seasons and is 5,000 square feet or
 larger;
   (h) "qualifying tier" shall mean any tier of the New York state public
 service commission's Clean Energy Standard (Case 15-E-0302) ("CES") that
 is designed to incentivize the delivery of additional, incremental clean
 energy  to  New York state or a specific location within New York state,
 which as of the effective date of this act  includes  Tier  1,  Offshore
 Wind and Tier 4 but not Tier 2 or Zero-Emission Credits.
   2.  GreenNY council. (a) There is hereby established the GreenNY coun-
 cil.  The council shall be comprised of the director of the division  of
 the  budget;  the  commissioner of general services; the commissioner of
 environmental conservation; the commissioner of health; the commissioner
 of economic development; the commissioner of transportation; the commis-
 sioner of parks, recreation, and historic preservation; the president of
 the environmental facilities corporation; the president of the New  York
 state  energy  research  and development authority; the president of the
 New York power authority; the president of the  dormitory  authority  of
 the  state of New York; and the chief executive officer of the metropol-
 itan transportation authority.
   (b) Members of the council may designate a staff member, and an alter-
 nate, to represent them and participate on the council on their behalf.
   (c) The council shall be led and co-chaired  by  the  commissioner  of
 general  services,  the  commissioner of environmental conservation, the
 director of the division of the budget, the president of  the  New  York
 state  energy  research  and development authority, and the president of
 the New York power authority, or their designees. The day-to-day work of
 the council shall be performed by executive and program staff  of  these
 leadership  agencies  and  authorities,  in  consultation with any other
 agency or authority staff that participate in council work.
   (d) The office of information technology services  shall  support  the
 council's performance of its responsibilities under this act.
   (e)  The  council shall meet as needed, but no less than quarterly, to
 conduct public business. A majority of the members of  the  council  (or
 their  designees), shall constitute a quorum, and all actions and recom-
 mendations of the council shall require approval by a  majority  of  the
 total members of the council.
   (f)  The  council  may form advisory subcommittees or workgroups, both
 standing and ad hoc, as the council sees fit, made up of  executive  and
 program staff, to provide advice and assistance to the council regarding
 matters assigned to such subcommittees or workgroups by the council.
   3.  Training,  staff,  and support. (a) Each affected entity shall, no
 later than thirty days from the effective date of this  act,  assign  an
 employee  to  serve  as  its  sustainability coordinator. Sustainability
 coordinators shall be given management support  and  provided  with  the
 necessary  resources  to  enable the affected entity to comply with this
 act.  Sustainability coordinators shall serve as the  affected  entity's
 liaison to the council.
   (b)  Affected  entities  may  create a sustainability team in-house to
 support the work of the council.  This  sustainability  team  should  be
 comprised  of  appropriate staff involved in identifying, approving, and
 implementing  sustainability  or  energy  projects,  and   environmental
 justice  matters.  The  sustainability  team should include an executive
 sponsor at the deputy or associate commissioner, or vice president level
 or equivalent.
 A. 4931--A                          3
 
   (c) The council shall  design  and  implement  training  and  outreach
 programs for sustainability coordinators and other affected entity staff
 that  participate  in  council  work  to  assist  with  carrying out the
 requirements of this act.
   4. Reporting. (a) All affected entities shall furnish such information
 and  assistance  as  the  council  determines is reasonably necessary to
 accomplish its purposes. All affected entities shall share data  in  the
 most  efficient manner identified by the council for purposes of inform-
 ing any progress reports, and the council shall follow applicable  state
 data  governance  procedures  regarding  any interagency data sharing or
 collection.
   (b) The New York power authority shall provide affected entities  with
 access to the New York Energy Manager ("NYEM"), with necessary technical
 support,  at  cost. The NYEM shall serve as the system of record for all
 energy data from covered facilities. All affected entities shall  ensure
 that  their  energy  data  is  entered into the NYEM system. The council
 shall leverage this data to develop a greenhouse gas (GHG) baseline  for
 affected entity operations.
   (c)  The  council shall develop an annual survey to gather information
 from affected entities regarding:
   (i) the progress each affected entity has made  toward  achieving  the
 directives,  targets  and  goals provided for or established pursuant to
 this act;
   (ii) the effectiveness and usage of the procurement specifications;
   (iii) efforts the affected entity has undertaken to  advance  environ-
 mental justice; and
   (iv)  the  specific sustainability and energy efficiency projects that
 have been implemented and the effectiveness of such programs in  meeting
 the targets, goals, and other requirements of this act.
   (d)  Affected  entities  shall submit each year on or before a date as
 the council may direct, a completed survey in the  form  and  containing
 the information specified by the council.
   (e)  The  council, during the month of September in the year following
 the effective date of this act, and each year thereafter, shall submit a
 progress report to the governor, which  shall  compile  the  information
 submitted  by  affected  entities  pursuant  to  this  act and report on
 progress made on the implementation of this act.  Such  progress  report
 shall be published on a website established by the council.
   5. Exemptions. (a) Exemptions from any of the specific targets, goals,
 or  other  requirements  under  this  act  may be granted by the council
 co-chairs, provided, however, that any exemptions to  paragraph  (a)  of
 subdivision  7  of  this section may only be granted by the president of
 the New York state energy research and development authority in  consul-
 tation with the chief executive officer of the New York state department
 of public service and director of the budget.
   (b)  Affected  entities  may  request  such  an exemption from council
 co-chairs and shall justify such request based upon the  affected  enti-
 ty's particular circumstances or as set forth in this act.
   6.  Buying  and operating green. (a) (i) The council shall develop and
 issue sustainable  procurement  specifications  (procurement  specifica-
 tions)  for  use by affected entities in the procurement of commodities,
 services, and technology, or where applicable, in the development of new
 public works solicitations and contracts.
   (ii) Any procurement specifications developed, approved, or issued  by
 the  interagency committee on sustainability and green procurement under
 executive order number 4, issued on April 24, 2008, shall carry  forward
 A. 4931--A                          4

 in  full  effect as if issued by the council until modified by the coun-
 cil.
   (b)  In  developing  the procurement specifications, the council shall
 consider the following factors:
   (i) protection of public health and the environment, including vulner-
 able populations and residents in disadvantaged communities;
   (ii) avoidance of hazards from the use or release of toxic substances;
   (iii) pollution reduction and prevention;
   (iv) sustainable resource management and use, and sustainable manufac-
 turing and production processes;
   (v) low impact development and climate resilient design practices, and
 standards and priorities for entities providing construction,  engineer-
 ing, and other similar services;
   (vi) reduction of greenhouse gas emissions;
   (vii) the use of renewable and zero-emission resources, remanufactured
 components, and reused or recycled content;
   (viii)  waste reduction, materials reuse, recyclability, and composta-
 bility;
   (ix) water conservation;
   (x) quality, durability and utility of the item of procurement;
   (xi) minimizing adverse impacts throughout a commodity or technology's
 life cycle (i.e.,  as  identified  by  life-cycle  assessment  or  other
 supply-chain impacts);
   (xii) cost;
   (xiii) extended producer responsibility; and
   (xiv)  legal  and  regulatory  requirements  applicable to the use and
 procurement of commodities, services, and technology, or where  applica-
 ble, the procurement of public works.
   (c)  Affected entities shall follow the GreenNY procurement specifica-
 tions approved by the council when procuring under existing contracts or
 when developing new solicitations and contracts for the  procurement  of
 commodities,  services,  and  technology,  or  where  applicable, in the
 development of new public works solicitations and contracts.
   (d) Where an affected entity determines: (i)  that  such  commodities,
 services,  or  technology  set  forth in an approved GreenNY procurement
 specification will not meet required form, function or utility; (ii) the
 cost of the commodities, services or technology set forth in an approved
 GreenNY procurement specification is not competitive; or (iii) there  is
 a compelling public health or safety reason not to purchase such commod-
 ities,  services or technology set forth in an approved GreenNY procure-
 ment specification, the affected entity may seek an exemption  from  the
 council  for  its  particular circumstances pursuant to subdivision 5 of
 this section.
   (e) The council may issue green operational  directives  ("operational
 directives") in a form substantially similar to its procurement specifi-
 cations.  In  developing  the  operational directives, the council shall
 consider the factors set forth in paragraph (b) of this subdivision.
   (f) The council shall provide affected entities with a description  of
 projects,  programs  and services that can be leveraged to implement the
 requirements of this act.
   (g) Affected entities shall follow the  council's  operational  direc-
 tives  when conducting the affected entity's operations on real property
 and facilities under the affected entity's jurisdiction.
   (h) The council shall work with the preferred sources and minority and
 woman-owned business  enterprises  and  service-disabled  veteran  owned
 A. 4931--A                          5
 
 businesses  in  order  to  increase awareness of the GreenNY procurement
 specifications.
   (i) The council shall develop a baseline for sustainable purchasing by
 affected entities and issue targets to achieve greater compliance.
   7.  Reducing  greenhouse  gas  emissions.  (a) By 2030 and thereafter,
 subject to available supply, 100 percent  of  the  electricity  used  by
 affected entities for their own operations, except electricity needed to
 support  the  generation of electricity by an affected entity in accord-
 ance with its enabling authority, shall come from  energy  systems  that
 are eligible under the CES ("eligible systems") as part of an all-of-go-
 vernment approach to meet the goals of the climate leadership and commu-
 nity protection act in a cost-effective manner.
   (i)  Each affected entity shall first count the amount of clean energy
 generated by eligible systems across the state that the affected  entity
 pays  for  in its electricity bills or otherwise towards compliance with
 the CES, based on calculations provided by the  New  York  state  energy
 research  and  development  authority.  Affected  entities shall provide
 information requested by the New York state energy research and develop-
 ment authority to perform the applicable  calculations,  including  load
 data, CES compliance payments, and any other necessary information.
   (ii)  For the remainder of its electricity usage, each affected entity
 shall next be required to demonstrate  meeting  this  obligation,  where
 feasible,  through the use of on- or off-site eligible systems providing
 energy dedicated to the affected entity's operations.
   (iii) For the portion of electricity that cannot  be  served  by  such
 eligible systems, each affected entity shall, in consultation and agree-
 ment  with  the New York state energy research and development authority
 and the department of public service, procure renewable  energy  certif-
 icates ("RECs") qualified under a qualifying tier of the CES.
   (iv)  The New York state energy research and development authority and
 the department of public service shall establish further detailed guide-
 lines and requirements with respect to how each  affected  entity  shall
 comply and report compliance with this subdivision.
   (v)  The  council shall monitor progress towards this requirement, and
 the New York state energy research and  development  authority  and  the
 department  of  public service shall make adjustments to this obligation
 as needed based on statewide progress  towards  climate  leadership  and
 community protection act mandates.
   (b) To the fullest extent feasible, beginning January 1, 2024, all new
 construction  submitted  for permitting by affected entities shall avoid
 infrastructure, building systems or equipment that can be used  for  the
 combustion of fossil fuels, excluding the necessary use for backup emer-
 gency  generation  and  process  loads,  provided that affected entities
 shall avoid the use of backup emergency diesel generators where  practi-
 cable.  This shall not affect the continued operation and maintenance of
 state or affected entity owned or operated electric  generating  facili-
 ties. The council shall monitor progress towards this goal.
   (c) Affected entities shall achieve 11 trillion BTUs of energy savings
 at their facilities by 2025 as outlined in the BuildSmart 2025 program.
   (i)  Each affected entity shall work with the New York power authority
 to achieve their allotted portion of  the  overall  savings  target  for
 state  operations.  Affected entities should consult the BuildSmart 2025
 program guidelines for types of  projects  and  programs  to  undertake,
 including  master  planning, operations and maintenance program develop-
 ment, participation in demand response and similar  programs,  submeter-
 A. 4931--A                          6
 
 ing, LED lighting, and other projects that reduce energy consumption and
 enhance building efficiency.
   (ii) Prior to 2025, the council shall issue a 2030 energy savings goal
 based  on  an evaluation of progress towards the 2025 goal and the addi-
 tional opportunities that  remain  for  cost-effective  energy  savings.
 Such  2030  goal  shall  be  aligned with the most recent version of the
 state's scoping plan  developed  pursuant  the  climate  leadership  and
 community protection act.
   (d)  The  council  shall issue operational directives and guidance for
 common construction materials to reduce the amount of embodied carbon in
 such materials. Starting January 1, 2024, affected entities  shall  seek
 to  reduce  the  embodied carbon in all new construction or construction
 projects consisting of adaptive reuse or  significant  renovations  that
 cost  greater than 50 percent of the cost of new construction, submitted
 for permitting by affected entities, by taking the following actions:
   (i) design teams shall calculate the total embodied carbon  that  will
 result   from  the  project,  including  shipping,  transportation,  and
 construction equipment requirements; and
   (ii) bidders shall be required to submit environmental product  decla-
 rations  when  available,  that include the amount of embodied carbon in
 given building materials.
   (e) Affected entities shall have 100 percent of their light-duty  non-
 emergency  vehicle  fleets  be zero-emission vehicles (ZEVs) by 2035 and
 100 percent of their medium- and heavy-duty vehicle  fleet  be  ZEVs  by
 2040.
   (i)  All  affected entities shall create and file a light-duty vehicle
 fleet decarbonization plan and a medium- and heavy-duty  decarbonization
 plan  with  the  council. The council shall provide technical assistance
 and guidance to agencies for the development of  decarbonization  plans.
 Such  decarbonization  plans  shall  include,  at minimum, the following
 elements:
   (A) a purchasing plan that includes interim targets for how they  will
 achieve the fleet decarbonization goals of this act; and
   (B)  a  plan for providing staff training and engagement necessary for
 the successful decarbonization of their fleet.
   (ii) Affected entities shall file such light-duty vehicle fleet decar-
 bonization plans with the council within one year of the effective  date
 of  this  act and shall file such medium- and heavy-duty decarbonization
 plans with the council within three years of the effective date of  this
 act.
   (iii)  Affected  entities  shall file progress updates to their light-
 and medium- and heavy-duty vehicle  decarbonization  plans  every  three
 years after the filing of their first plan.
   (iv)  Priority  shall be given to purchasing battery electric vehicles
 and hydrogen fuel cell vehicles, and if they are not practicable for  an
 affected  entity's  needs,  then plug-in hybrid electric vehicles may be
 considered in limited circumstances as specifically  authorized  by  the
 council.
   (v)  Affected entities that operate emergency vehicles shall, at least
 annually, evaluate and test various ZEV  technologies  to  determine  if
 they can meet the use cases for these vehicles.
   (vi)  Affected  entities  shall  consult  with  the  office of general
 services to develop ZEV charging infrastructure for  their  fleets.  The
 office  of general services shall provide guidance to agencies and coor-
 dinate the phased implementation of ZEV charging infrastructure.
 A. 4931--A                          7
 
   (vii) Affected entities are encouraged to maximize employee access  to
 and  promote  the  use of ZEV charging infrastructure employee workplace
 charging at state owned and maintained parking facilities.
   (viii)  Affected  entities shall evaluate the inclusion of distributed
 energy resources and energy storage to the maximum  extent  practicable.
 The  New  York  power  authority  and New York state energy research and
 development authority shall collaborate  to  provide  affected  entities
 with needed technical assistance regarding new energy storage systems.
   (ix)  Affected  entities shall seek to utilize the department of envi-
 ronmental conservation value of carbon guidance, where  appropriate,  to
 aid in their decision-making on greenhouse gas emission reductions under
 this act.
   8. Reducing waste. (a) The council shall create a waste diversion plan
 template  that  affected entities shall use to complete their plans. All
 affected entities shall create a waste diversion plan and file such plan
 with the council that outlines how they will meet the following goals:
   (i) a decrease in waste disposal of 10 percent every five years from a
 baseline of fiscal year 2018-19, until reaching a goal of 75 percent.
   (ii) waste data reported for these goals should be broken out into the
 following categories:  recycled  materials;  compostable  materials  and
 other  organics;  material sent to landfills (including construction and
 demolition waste); and special waste (including hazardous waste).
   (iii) The waste diversion plan shall incorporate at least the  follow-
 ing elements:
   (A)  a  schedule for conducting routine waste audits of facilities and
 how the findings from the waste audit  will  be  utilized  in  advancing
 waste reduction;
   (B)  a  plan  for  diverting  organic waste from landfills to meet the
 diversion goals;
   (C) identifying all instances where single-use plastics are  used  and
 creating  a plan to eliminate their use in all circumstances where doing
 so will not endanger employee or public health and safety; and
   (D) consideration of whether the  affected  entity  should,  by  2025,
 transition  to  dual-stream  recycling  that source separates recyclable
 items into subcategories of mixed paper and commingled containers (plas-
 tic, glass, and metal), at all facilities where it  is  practicable  and
 where  dual-stream  material recovery facilities are available, cost-ef-
 fective and efficient.
   (iv) in addition, technical assistance in compiling the plans will  be
 provided by the department of environmental conservation.
   (v)  the  council shall reassess the waste diversion goals of this act
 at least every five years, and if the goals are updated by the  council,
 it  shall  require  updated  waste  diversion  plans  to be submitted by
 affected entities on how each will meet the new goals.
   (vi) affected entities shall file such plans with the  council  within
 one year of the receipt of the waste diversion plan template.
   (b)  90  days  after the effective date of this act, affected entities
 shall not expend state funds for the purchase of bottled  water.  If  an
 affected  entity determines that it has a need to purchase bottled water
 for health or safety reasons, it may request an exemption from the coun-
 cil for its particular circumstances pursuant  to  subdivision  five  of
 this  act.  The  council  shall  issue  guidance  on  exceptions to this
 requirement to  address  public  health  issues  and  other  appropriate
 circumstances.  This  paragraph  does  not  apply  to an affected entity
 purchasing bottled water for emergency purposes.
 A. 4931--A                          8
 
   9. Reducing use of toxic substances. Affected entities shall  evaluate
 and incorporate toxic use reduction strategies into their operations, to
 the  extent  practicable,  to  achieve pollution prevention. The council
 shall, at a minimum, provide agencies with information on healthy build-
 ings,  green  cleaning  and disinfection, integrated pest management and
 green procurement.
   10. Low impact development. (a) Affected entities shall evaluate,  and
 to  the  maximum  extent  practicable,  incorporate green infrastructure
 concepts to reduce all stormwater runoff and improve  water  quality  in
 new  construction  or redevelopment projects submitted for permitting by
 affected entities regardless of  disturbance  threshold.  These  include
 activities  such  as the reconstruction of parking lots and the addition
 of new landscaping.
   (b) The council, in collaboration with  the  environmental  facilities
 corporation,  shall  provide guidance on incorporating green infrastruc-
 ture concepts to affected entities.
   (c) (i) New infrastructure and building projects shall be designed and
 built to account for the climate  changes  that  may  occur  over  their
 lifespans.  This  includes incorporating climate projections and adapta-
 tion strategies in upfront design and expected  operations  and  manage-
 ment.   Preservation of open space shall be considered as a strategy for
 climate risk mitigation in new and existing construction.
   (ii) The council  shall  provide  guidance  on  incorporating  climate
 projections and climate risk concepts to affected entities.
   (iii)  All  affected  entities  shall evaluate opportunities to harden
 their infrastructure and mitigate the impacts  of  climate  change  with
 resilience  practices such as nature-based solutions and modular infras-
 tructure.
   11. Promoting biodiversity and habitat protection. (a) Affected  enti-
 ties that have jurisdiction over real property shall, where practicable,
 seek  opportunities  to  enhance  the ecological integrity of their real
 property to support native biodiversity and the New York state  pollina-
 tor  protection  plan,  protect  threatened  and endangered species, and
 increase climate resilience and natural carbon  storage.  This  includes
 prioritizing  the use of native plants and minimizing the use of non-na-
 tive plants in landscaping and other planting efforts and  other  activ-
 ities  that  may  be identified in the New York natural heritage program
 conservation guide and its management recommendations  regarding  listed
 plants.
   (b)  The council shall provide a template for all affected entities to
 implement an early detection rapid response protocol in place for  inva-
 sive  species on real property over which the affected entity has juris-
 diction. The council may issue additional operational directives to stop
 the spread of invasive species on state-owned real property.
   (c) Affected entities shall give priority to  the  use  of  integrated
 pest management techniques to control invasive species before turning to
 other means of eradication.
   (d)  All  affected  entities shall follow available best practices for
 identifying and properly managing endangered species  on  real  property
 and  ensure  that  their  projects and operations do not have an adverse
 impact upon any endangered  species.  The  department  of  environmental
 conservation shall provide guidance and technical assistance to affected
 entities  regarding  properly managing endangered species and data tools
 to identify locations where endangered species issues may be present.
   (e) Affected entities shall  evaluate  opportunities,  to  the  extent
 practicable,  to  co-locate  new projects with landscaping or habitat to
 A. 4931--A                          9
 
 support native pollinator species and the goals of the  New  York  state
 pollinator  protection  plan  and enhance climate resilience and natural
 carbon storage.
   12.  Disadvantaged communities. (a) Each affected entity shall, to the
 maximum extent practicable, lower the impact of its operations on disad-
 vantaged communities, and shall incorporate lowered environmental impact
 in these communities into  the  plans  developed  by  affected  entities
 pursuant to this act.
   (b)  The  council shall conduct an inventory of state-owned facilities
 located in disadvantaged communities.
   (c) Affected entities  shall  prioritize  facilities  over  which  the
 affected  entity  has jurisdiction that are located within disadvantaged
 communities for efficiency and other  environmental  upgrades,  such  as
 electrifying  heating and cooling systems, which will lower the affected
 entity's environmental impacts on these communities.
   13. Innovative solutions. The council shall continuously evaluate  the
 potential  of  new  technologies in order to assist affected entities in
 continuing to reduce their environmental footprint and increase  climate
 resilience  (mitigation  and adaptation) of its operations, and wherever
 feasible, test new technologies and equipment to determine if such tech-
 nologies or equipment are practicable for adoption  in  affected  entity
 operations.
   § 2. This act shall take effect immediately.