Senate Bill S4842A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4842
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 13, 2025
                                ___________
 
 Introduced  by  Sen.  FAHY  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Procurement and Contracts
 
 AN ACT to amend the executive law, the public authorities  law  and  the
   public  buildings  law,  in  relation  to the utilization of renewable
   energy at state-owned facilities in Albany

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "Renewable Capitol Act".
   § 2. The executive law is amended by adding a new section 204 to  read
 as follows:
   §  204. RENEWABLE CAPITOL PROJECT. 1. FOR THE PURPOSE OF THIS SECTION,
 THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) THE "ADVISORY COMMITTEE"  SHALL  MEAN  THE  COMMITTEE  ESTABLISHED
 PURSUANT TO PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION.
   (B)  THE  "CLCPA" SHALL MEAN THE NEW YORK STATE CLIMATE LEADERSHIP AND
 COMMUNITY PROTECTION ACT ENACTED AS CHAPTER ONE HUNDRED SIX OF THE  LAWS
 OF TWO THOUSAND NINETEEN, AS IT SHALL FROM TIME TO TIME BE AMENDED.
   (C) "CO-POLLUTANTS" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDI-
 VISION THREE OF SECTION 75-0101 OF THE ENVIRONMENTAL CONSERVATION LAW.
   (D)  "EMERGENCY  GENERATOR"  SHALL  MEAN  THE SET OF DIESEL GENERATORS
 LOCATED ON SHERIDAN AVENUE IN ALBANY, NEW YORK AS OF THE EFFECTIVE  DATE
 OF  THIS  SECTION,  THAT  ARE  INTENDED  TO POWER THE EMPIRE STATE PLAZA
 COMPLEX DURING AN EMERGENCY FAULT CONDITION CAUSING AN  INTERRUPTION  TO
 NORMAL ELECTRICITY SERVICE FROM THE GRID.
   (E)  "EMPIRE  STATE  PLAZA  COMPLEX"  OR  THE "COMPLEX" SHALL MEAN THE
 COMPLEX OF STATE-OWNED BUILDINGS AND THE LAND  THEREON  IN  ALBANY,  NEW
 YORK  THAT UTILIZE THE STEAM DISTRIBUTION NETWORK OF THE SHERIDAN AVENUE
 STEAM PLANT, INCLUDING WHAT ARE POPULARLY KNOWN AS EMPIRE  STATE  PLAZA,
 THE STATE CAPITOL BUILDING, THE STATE MUSEUM, THE ALFRED E. SMITH BUILD-
 ING,  THE STATE EDUCATION BUILDING, THE SHERIDAN AVENUE STEAM PLANT, AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06241-01-5
              

 S. 4842                             2
 
 THE FORMER ALBANY NEW YORK SOLID WASTE ENERGY RECOVERY SYSTEM  INCINERA-
 TOR BUILDING.
   (F)  "GREENHOUSE  GAS"  SHALL  HAVE  THE  SAME MEANING AS SET FORTH IN
 SUBDIVISION SEVEN OF SECTION 75-0101 OF THE  ENVIRONMENTAL  CONSERVATION
 LAW.
   (G)  THE  "LOCAL COMMUNITY" SHALL MEAN THE PORTION OF ALBANY, NEW YORK
 DESIGNATED AS THE LOCAL COMMUNITY UNDER THE PLAN, WHICH  SHALL  INCLUDE,
 AT  A  MINIMUM,  THE  ALBANY SHERIDAN HOLLOW, ARBOR HILL, CENTER SQUARE,
 MANSION, WASHINGTON PARK, WEST HILL AND SOUTH END NEIGHBORHOODS.
   (H) "NYSERDA" SHALL MEAN THE NEW YORK STATE ENERGY RESEARCH AND DEVEL-
 OPMENT AUTHORITY CREATED UNDER SECTION EIGHTEEN HUNDRED FIFTY-TWO OF THE
 PUBLIC AUTHORITIES LAW.
   (I) THE "OFFICE OF GENERAL SERVICES" OR THE "OFFICE"  SHALL  MEAN  THE
 AGENCY CREATED UNDER SECTION TWO HUNDRED OF THIS ARTICLE.
   (J) THE "EMPIRE STATE PLAZA DECARBONIZATION PLAN" OR "PLAN" SHALL MEAN
 THE PLAN SET FORTH IN SUBDIVISION THREE OF THIS SECTION, AND MANDATED BY
 THIS SECTION AND SECTION NINETY-ONE OF THE PUBLIC BUILDINGS LAW.
   (K)  THE  "PROJECT"  SHALL  MEAN  THE  WORK  ON THE EMPIRE STATE PLAZA
 COMPLEX MANDATED BY THIS SECTION AND SECTION NINETY-ONE  OF  THE  PUBLIC
 BUILDINGS LAW.
   (L)  A  "POWER PURCHASE AGREEMENT" SHALL MEAN AN AGREEMENT BETWEEN TWO
 PARTIES, THE SELLER AND THE BUYER, TO ENTER  INTO  A  CONTRACTUAL  OBLI-
 GATION FOR THE PURCHASE OF ELECTRICITY.
   (M)  "RENEWABLE  ENERGY  SYSTEMS" MEANS SYSTEMS THAT ENTIRELY GENERATE
 ELECTRICITY OR THERMAL ENERGY THROUGH USE OF THE FOLLOWING TECHNOLOGIES:
 SOLAR THERMAL, PHOTOVOLTAICS, ON LAND AND OFFSHORE WIND,  HYDROELECTRIC,
 GEOTHERMAL  ELECTRIC,  GEOTHERMAL GROUND SOURCE HEAT, TIDAL ENERGY, WAVE
 ENERGY, OCEAN THERMAL, AND FUEL CELLS WHICH DO NOT UTILIZE A FOSSIL FUEL
 RESOURCE IN THE PROCESS OF GENERATING ELECTRICITY OR THERMAL ENERGY.
   (N) "SHERIDAN AVENUE STEAM PLANT" SHALL MEAN THE STEAM PLANT  FACILITY
 OWNED  BY NEW YORK STATE LOCATED AS OF THE TIME OF THE EFFECTIVE DATE OF
 THIS SECTION AT 79 SHERIDAN AVENUE IN ALBANY, NEW YORK.
   2. (A) WITHIN THREE YEARS AFTER THE EFFECTIVE DATE  OF  THIS  SECTION,
 THE OFFICE OF GENERAL SERVICES, IN CONSULTATION WITH THE POWER AUTHORITY
 OF  THE  STATE OF NEW YORK, SHALL ENSURE THAT ALL OPERATIONS THAT POWER,
 HEAT OR COOL THE EMPIRE STATE PLAZA COMPLEX SHALL ENTIRELY USE RENEWABLE
 ENERGY SYSTEMS. IN SATISFYING THIS REQUIREMENT, THE  OFFICE  MAY  DEMON-
 STRATE  THAT  THE  AMOUNT  OF  ELECTRICAL ENERGY CREDITED TO THE COMPLEX
 ANNUALLY FROM RENEWABLE SOURCES THROUGH A POWER  PURCHASE  AGREEMENT  OR
 SIMILAR  INSTRUMENT  IS  NOT  LESS  THAN THE AMOUNT OF ELECTRICAL ENERGY
 CONSUMED ANNUALLY BY THE  COMPLEX.  NOTWITHSTANDING  THIS  MANDATE,  THE
 EMERGENCY  GENERATOR SHALL BE PERMITTED TO UTILIZE NON-RENEWABLE ENERGY,
 BUT THE OFFICE SHALL BE EMPOWERED TO RETIRE  OR  CONVERT  THE  EMERGENCY
 GENERATOR TO WHOLLY OR ENTIRELY UTILIZE RENEWABLES IF POSSIBLE.
   (B)  THE  PROJECT AND THE EMPIRE STATE PLAZA COMPLEX SHALL COMPLY WITH
 THE CLCPA, AND ANY RULES AND  REGULATIONS  ISSUED  THEREUNDER,  AND,  IN
 PARTICULAR,  SECTION  SEVEN  OF  SUCH  LAW; THE STATEWIDE GREENHOUSE GAS
 EMISSIONS LIMITS SET FORTH  IN  SECTION  75-0107  OF  THE  ENVIRONMENTAL
 CONSERVATION  LAW;  AND  THE  TARGETS  ESTABLISHED IN SUBDIVISION TWO OF
 SECTION SIXTY-SIX-P OF THE PUBLIC SERVICE LAW. NOTHING IN THIS PARAGRAPH
 SHALL PRECLUDE THE OFFICE FROM MANDATING LOWER GREENHOUSE GAS  EMISSIONS
 LIMITS  OR  COMPLIANCE WITH GREENHOUSE GAS EMISSIONS LIMITS IN A SHORTER
 TIMEFRAME THAN SET FORTH IN SECTION 75-0107 OF THE ENVIRONMENTAL CONSER-
 VATION LAW, OR IN MANDATING A HIGHER PERCENTAGE OF RENEWABLES  OR  IN  A
 SHORTER  TIMEFRAME THAN IN SUBDIVISION TWO OF SECTION SIXTY-SIX-P OF THE
 PUBLIC SERVICE LAW. EXCEPT IN REGARD TO THE PROVISION REGARDING  TO  THE
 S. 4842                             3
 
 EMERGENCY  GENERATOR  AS SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION,
 ANY ACTION TAKEN IN  FURTHERANCE  OF  THE  PROJECT  THAT  LEADS  TO  ANY
 INCREASE IN THE EMISSIONS OF GREENHOUSE GASES SHALL BE DEEMED INCONSIST-
 ENT WITH AND IN INTERFERENCE WITH THE ATTAINMENT OF THE STATEWIDE GREEN-
 HOUSE  GAS  EMISSIONS  LIMITS ESTABLISHED IN ARTICLE SEVENTY-FIVE OF THE
 ENVIRONMENTAL CONSERVATION LAW AND THEREFORE SHALL TRIGGER  THE  PROCESS
 SET FORTH IN SUBDIVISION TWO OF SECTION SEVEN OF THE CLCPA.
   3.  (A)  WITHIN  SIXTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION, THE
 OFFICE SHALL ESTABLISH AN ADVISORY COMMITTEE TO ADVISE IT ON THE  PREPA-
 RATION, DESIGN AND CONTENT OF THE PLAN.  SUCH PLAN SHALL BE COMPLETED NO
 LATER  THAN JANUARY THIRTY-FIRST, TWO THOUSAND TWENTY-SIX.  THE ADVISORY
 COMMITTEE SHALL CONSIST OF THE COMMISSIONER OF THE DEPARTMENT  OF  ENVI-
 RONMENTAL  CONSERVATION  AND  THE CHIEF EXECUTIVE OFFICER OF NYSERDA, OR
 THEIR DESIGNEES, AND ADDITIONAL MEMBERS WHICH SHALL BE APPOINTED BY SUCH
 COMMISSIONER IN CONSULTATION  WITH  SUCH  CHIEF  EXECUTIVE  OFFICER,  AS
 FOLLOWS:  THREE  REPRESENTATIVES  OF  ALBANY COMMUNITY ORGANIZATIONS, AT
 LEAST TWO OF WHICH ARE FROM ORGANIZATIONS WHOSE MISSION, IN WHOLE OR  IN
 PART,  IS  TO  REPRESENT THE INTERESTS OF THE ARBOR HILL AND/OR SHERIDAN
 HOLLOW NEIGHBORHOODS IN ALBANY; TWO ADDITIONAL REPRESENTATIVES OF  LOCAL
 ENVIRONMENTAL  JUSTICE ORGANIZATIONS; ONE INDIVIDUAL NOT EMPLOYED BY NEW
 YORK STATE WITH RECOGNIZED EXPERTISE IN RENEWABLE  ENERGY;  A  REPRESEN-
 TATIVE  OF LABOR ORGANIZATIONS; A SCIENTIST WITH EXPERTISE IN ENERGY AND
 CLIMATE POLICY; AN ENGINEER WITH EXPERTISE IN ENERGY (INCLUDING GEOTHER-
 MAL) AND CLIMATE POLICY; AND THE MAYOR OF ALBANY OR THEIR DESIGNEE.  THE
 ADVISORY  COMMITTEE  SHALL  MEET AT LEAST THREE TIMES ANNUALLY, OR ADDI-
 TIONAL TIMES AS THE COMMITTEE SHALL BY MAJORITY VOTE DETERMINE.  AT SUCH
 MEETINGS, WHICH SHALL BE OPEN TO THE PUBLIC,  THE  OFFICE,  AMONG  OTHER
 THINGS,  SHALL REPORT ON THE PROGRESS MADE IN COMPLETING THE PROJECT AND
 OTHERWISE IMPLEMENTING THIS  SECTION.  THE  ADVISORY  COMMITTEE  MEMBERS
 SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES BUT SHALL BE REIMBURSED
 FOR  THEIR  ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF
 THEIR DUTIES. ALL AGENCIES OF THE STATE OR SUBDIVISIONS THEREOF MAY,  AT
 THE  REQUEST  OF  THE ADVISORY PANEL OR THE OFFICE, PROVIDE THE ADVISORY
 PANEL WITH SUCH FACILITIES, ASSISTANCE AND DATA AS WILL ENABLE THE ADVI-
 SORY PANEL TO CARRY OUT ITS POWERS AND DUTIES.
   (B) EACH MEMBER OF THE ADVISORY COMMITTEE SHALL  BE  ENTITLED  TO  ONE
 VOTE.   NO ACTION MAY BE TAKEN BY THE ADVISORY COMMITTEE UNLESS THERE IS
 A QUORUM, WHICH SHALL AT ALL TIMES BE A MAJORITY OF THE MEMBERS  OF  THE
 COMMITTEE.
   (C)  THE  OFFICE  SHALL RETAIN A THIRD PARTY TO PERFORM AN ENGINEERING
 STUDY TO BE COMPLETED WITHIN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE
 DATE OF THIS SECTION, WHICH SHALL CONSIDER  THE  MATTERS  SET  FORTH  IN
 PARAGRAPH  (F) OF THIS SUBDIVISION AND ANY OTHER MATTERS CONSISTENT WITH
 THIS SECTION THAT THE OFFICE SHALL DIRECT.  FOR  THE  PURPOSES  OF  THIS
 PARAGRAPH,  THE  TERM  "THIRD PARTY" SHALL MEAN A PROFESSIONAL ENGINEER,
 NOT EMPLOYED BY THE STATE OF NEW YORK, OR AN ENGINEERING FIRM,  PROVIDED
 THAT  NONE OF THE ENGINEERS EMPLOYED BY SUCH FIRM SHALL ALSO BE EMPLOYED
 BY THE STATE OF NEW YORK.
   (D) THE OFFICE SHALL BE TRANSPARENT IN ITS WORK TO  DEVELOP  THE  PLAN
 AND  SHALL  MAINTAIN  A  WEBSITE  WHERE A DRAFT PLAN AND OTHER DOCUMENTS
 RELEVANT TO ITS DEVELOPMENT SHALL BE POSTED FOR PUBLIC REVIEW  AT  LEAST
 FOURTEEN DAYS PRIOR TO THE FIRST OF THE PUBLIC HEARINGS MANDATED BY THIS
 PARAGRAPH.  THE  ADVISORY COMMITTEE SHALL HOLD AT LEAST TWO PUBLIC HEAR-
 INGS AT LEAST SIXTY DAYS PRIOR TO THE RELEASE  OF  THE  FINAL  PLAN,  OF
 WHICH  ONE  SHALL BE HELD IN THE ARBOR HILL OR SHERIDAN HOLLOW NEIGHBOR-
 HOODS AND ONE SHALL BE HELD DURING THE EVENING OR WEEKEND  HOURS.    THE
 S. 4842                             4
 
 ADVISORY  COMMITTEE  SHALL  MAKE  PROVISIONS  FOR  ONLINE AND TELEPHONIC
 ATTENDANCE AND PARTICIPATION. AT SUCH PUBLIC HEARINGS,  THE  DRAFT  PLAN
 SHALL  BE MADE AVAILABLE IN WRITTEN FORM FOR THOSE PHYSICALLY ATTENDING.
 PROVISIONS SHALL ALSO BE MADE FOR WRITTEN COMMENTS ON THE DRAFT PLAN.
   (E)  THE PLAN SHALL CONTAIN RECOMMENDATIONS ON REGULATORY MEASURES AND
 OTHER STATE ACTIONS TO ENSURE THAT THE MANDATES IN SUBDIVISIONS TWO  AND
 THREE OF THIS SECTION AND SECTION NINETY-ONE OF THE PUBLIC BUILDINGS LAW
 ARE MET. THE MEASURES AND ACTIONS SET FORTH IN THE PLAN SHALL INCLUDE:
   I.  A TIMELINE FOR PLANNED STEPS TOWARD THE COMPLETION OF THE PROJECT,
 INCLUDING, BUT NOT LIMITED TO CONSTRUCTION OF THE PROJECT AND  OBTAINING
 THE  NECESSARY PERMITS TO BEGIN OPERATION.  THE TIMELINE SHOULD MAXIMIZE
 THE POTENTIAL FOR ACHIEVING, AND IF FEASIBLE  MAKING  GREATER  EMISSIONS
 REDUCTIONS  THAN THE STATEWIDE GREENHOUSE GAS EMISSIONS LIMITS SET FORTH
 IN SECTION 75-0107 OF THE ENVIRONMENTAL CONSERVATION LAW AND MEETING THE
 OTHER MANDATES OF THE CLCPA;
   II. MEASURES TO MAXIMIZE THE BENEFITS TO THE LOCAL COMMUNITY,  INCLUD-
 ING PRIORITIZING THE REDUCTION OF GREENHOUSE GASES AND CO-POLLUTANTS AND
 IMPROVING PUBLIC HEALTH IN THE LOCAL COMMUNITY;
   III.  MEASURES  TO  OPTIMIZE  THERMAL LOAD SHARING, ENERGY EFFICIENCY,
 DEMAND RESPONSE, AND ENERGY CONSERVATION;
   IV. COMPREHENSIVE CONSIDERATION OF RENEWABLE HEAT EXCHANGE SYSTEMS  OR
 A  COMBINATION  OF SUCH SYSTEMS TO MEET THE HEATING AND COOLING NEEDS OF
 THE EMPIRE STATE PLAZA COMPLEX, INCLUDING BUT NOT LIMITED TO: GEOTHERMAL
 HEAT EXCHANGE WITH THE EARTH, GEOTHERMAL HEAT EXCHANGE WITH  THE  HUDSON
 RIVER, OPEN-LOOP AND CLOSED-LOOP GEOTHERMAL HEAT EXCHANGE WITH THE AQUI-
 FER,  HEAT  EXCHANGE  WITH  POTABLE  WATER  SUPPLIES, HEAT RECOVERY FROM
 WASTEWATER SOURCES, AIR-SOURCE HEAT PUMP TECHNOLOGY, AND  THERMAL  STOR-
 AGE,  PROVIDED  THAT  SUCH SYSTEMS DO NOT USE COMBUSTION-BASED OR FOSSIL
 FUEL ENERGY;
   V. PRIORITIZATION OF ELECTRICITY PROCUREMENT  FROM  RENEWABLE  SOURCES
 WITHIN  NEW  YORK INDEPENDENT SYSTEM OPERATOR (NYISO) ZONE F, ESPECIALLY
 SOURCES MOST CAPABLE OF PROVIDING  ELECTRICITY  SERVING  REAL-TIME  LOAD
 CONDITIONS  OF  THE  EMPIRE STATE PLAZA COMPLEX. THIS SHALL INCLUDE, BUT
 NOT BE LIMITED TO, CONSIDERATION OF  PROJECTS  THAT  EXPAND  ELECTRICITY
 GENERATION FROM ECOLOGICALLY-RESPONSIBLE, RUN-OF-THE-RIVER HYDROELECTRIC
 FACILITIES WITHIN THE REGION; AND
   VI.    ELECTRICITY SERVICE UPGRADES FOR THE EMPIRE STATE PLAZA COMPLEX
 NECESSARY TO SUPPORT MEASURES IDENTIFIED IN THIS SECTION.
   (F) IN DESIGNING THE PLAN, THE OFFICE SHALL BE GUIDED BY ANY RECOMMEN-
 DATIONS CONTAINED IN THE ENGINEERING STUDY MANDATED BY PARAGRAPH (C)  OF
 THIS  SUBDIVISION, AND ANY COMMENTS OR RECOMMENDATIONS MADE BY THE ADVI-
 SORY COMMITTEE, INCLUDING AS TO SUCH ENGINEERING  STUDY.  SUCH  ADVISORY
 COMMITTEE  SHALL ALSO BE ENTITLED TO REJECT OR MODIFY ANY RECOMMENDATION
 UPON A FINDING THAT SUCH RECOMMENDATION WOULD BE  INCONSISTENT  WITH  OR
 WILL INTERFERE WITH THE ATTAINMENT OF THE STATEWIDE GREENHOUSE GAS EMIS-
 SIONS  LIMITS  ESTABLISHED  IN ARTICLE SEVENTY-FIVE OF THE ENVIRONMENTAL
 CONSERVATION LAW, THE CLIMATE JUSTICE PROVISIONS OF THE CLCPA, ANY RULES
 OR REGULATIONS ISSUED THEREUNDER, OR THIS  SECTION.    IF  THE  ADVISORY
 COMMITTEE  REJECTS  OR MODIFIES ANY RECOMMENDATION, THE ORIGINAL VERSION
 OF THE RECOMMENDATIONS AS SET  FORTH  IN  THE  ENGINEERING  STUDY  SHALL
 PRESUMPTIVELY  NOT  BE  CONSIDERED  BY  THE  OFFICE,  UNLESS SUBSTANTIAL
 EVIDENCE EXISTS TO SUPPORT THE STUDY'S INITIAL RECOMMENDATIONS.
   (G) THE PLAN SHALL DESIGNATE THE GEOGRAPHIC BOUNDARIES  OF  THE  LOCAL
 COMMUNITY. IN DESIGNATING SUCH BOUNDARIES, WHICH SHALL INCLUDE THE ALBA-
 NY SHERIDAN HOLLOW, ARBOR HILL, CENTER SQUARE, MANSION, WASHINGTON PARK,
 WEST  HILL,  AND  SOUTH  END  NEIGHBORHOODS,  THE  OFFICE SHALL CONSIDER
 S. 4842                             5
 
 INCLUDING IN ITS  DESIGNATION  ANY  OTHER  COMMUNITIES  THAT  EXPERIENCE
 IMPACTS  ON  THEIR WATER, AIR QUALITY, NOISE AND TRAFFIC FROM THE EMPIRE
 STATE PLAZA COMPLEX.
   (H)(I)  ANY  PROJECT  THAT  MAY BE FUNDED AS A RESULT OF THE RENEWABLE
 CAPITOL PROJECT COMPLETED PURSUANT TO THIS SECTION SHALL: (A) BE  DEEMED
 A  PUBLIC  WORK   PROJECT SUBJECT TO ARTICLE EIGHT OF THE LABOR LAW; (B)
 REQUIRE THAT THE COMPONENT PARTS OF ANY RENEWABLE  CAPITOL  PROJECT  ARE
 PRODUCED  OR MADE IN WHOLE OR SUBSTANTIAL PART IN THE UNITED STATES, ITS
 TERRITORIES OR POSSESSIONS, SUBJECT TO A WAIVER PROVISION SIMILAR TO THE
 ONE CONTAINED IN SUBDIVISION TWO OF SECTION SIXTY-SIX-S  OF  THE  PUBLIC
 SERVICE  LAW;  (C)  CONTAIN A REQUIREMENT THAT ANY PUBLIC OWNER OR THIRD
 PARTY ACTING ON BEHALF OF A PUBLIC OWNER ENTER INTO   A   PROJECT  LABOR
 AGREEMENT  AS DEFINED BY SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW
 FOR ALL CONSTRUCTION WORK; AND (D) REQUIRE  THE  PAYMENT  OF  PREVAILING
 WAGE STANDARDS CONSISTENT  WITH ARTICLE NINE OF THE LABOR LAW FOR BUILD-
 ING SERVICES WORK.
   (II)  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ALL RIGHTS
 OR  BENEFITS,  INCLUDING  TERMS  AND  CONDITIONS  OF   EMPLOYMENT,   AND
 PROTECTION  OF  CIVIL  SERVICE  AND  COLLECTIVE BARGAINING STATUS OF ALL
 EXISTING PUBLIC   EMPLOYEES   AND THE  WORK  JURISDICTION,  COVERED  JOB
 TITLES,  AND  WORK  ASSIGNMENTS,  SET FORTH IN THE CIVIL SERVICE LAW AND
 COLLECTIVE BARGAINING AGREEMENTS  WITH  LABOR  ORGANIZATIONS  REPRESENT-
 ING  PUBLIC EMPLOYEES SHALL BE PRESERVED AND PROTECTED. ANY SUCH PROJECT
 SHALL NOT RESULT IN THE: (A)  DISPLACEMENT  OF  ANY  CURRENTLY  EMPLOYED
 WORKER  OR  LOSS  OF  POSITION (INCLUDING PARTIAL DISPLACEMENT AS SUCH A
 REDUCTION IN THE HOURS OF NON-OVERTIME WORK, WAGES, OR EMPLOYMENT  BENE-
 FITS)  OR  RESULT  IN  THE  IMPAIRMENT OF EXISTING COLLECTIVE BARGAINING
 AGREEMENTS; (B) TRANSFER OF EXISTING DUTIES  AND  FUNCTIONS  RELATED  TO
 MAINTENANCE  AND OPERATIONS CURRENTLY PERFORMED BY EXISTING EMPLOYEES OF
 AUTHORIZED ENTITIES TO A CONTRACTING ENTITY; OR (C) TRANSFER  OF  FUTURE
 DUTIES  AND  FUNCTIONS  ORDINARILY  PERFORMED BY EMPLOYEES OF AUTHORIZED
 ENTITIES TO A CONTRACTING ENTITY.
   (I) IN THE CASE OF ANY CONFLICT AS TO THE REQUIREMENTS OF THIS SECTION
 AND SECTION NINETY-ONE OF THE PUBLIC BUILDINGS  LAW  IN  REGARD  TO  THE
 PROJECT, THIS SECTION SHALL PREVAIL.
   §  3.   The tenth undesignated paragraph of section 1005 of the public
 authorities law, as added by chapter 55 of the laws of 1992, is  amended
 to read as follows:
   The  authority is further authorized, as deemed feasible and advisable
 by the trustees, to acquire,  maintain,  manage,  operate,  improve  and
 reconstruct as a project or projects of the authority one or both of the
 steam  generation  facilities  owned  by the state known as the Sheridan
 [avenue] AVENUE steam [generating] plant [on Sheridan avenue in the city
 of Albany and used to supply steam to state facilities],  together  with
 any  properties,  buildings and equipment at the sites thereof or ancil-
 lary thereto, for the generation and sale  of  thermal  energy  and  the
 cogeneration  and sale of electricity for use by facilities of the state
 within the county of Albany. All the authority's  costs,  including  its
 acquisition,  capital,  operating and maintenance costs, shall be recov-
 ered fully from the customers receiving service  from  such  project  or
 projects.  Thermal  energy and electricity not required by the state may
 be sold by the authority to others. The authority is not  authorized  to
 use  refuse or refuse-derived fuel in operating the project or projects.
 AS OF THE TIME PERIOD SPECIFIED IN PARAGRAPH (A) OF SUBDIVISION  TWO  OF
 SECTION  TWO  HUNDRED  FOUR  OF  THE  EXECUTIVE  LAW, ALL OF THE ENERGY,
 INCLUDING BUT NOT LIMITED TO HEAT, COOLING AND ELECTRICITY, PRODUCED  AT
 S. 4842                             6
 
 THE  SHERIDAN AVENUE STEAM PLANT SHALL UTILIZE RENEWABLE ENERGY SYSTEMS.
 Any agreement for such acquisition shall insure that  the  authority  is
 not  liable  or otherwise responsible for circumstances arising from the
 prior operation of such facilities. The acquisition and purchase of such
 land, buildings and equipment by the authority, and any actions taken to
 effect  such  acquisition  and  purchase,  are  hereby  exempt  from the
 provisions of article eight of the environmental conservation  law.  The
 application  of such exemption shall be strictly limited to the acquisi-
 tion and purchase of such land, buildings and equipment by the authority
 and such agreements with the state.  Nothing  herein  shall  exempt  the
 authority  from  otherwise  applicable  laws  respecting  the expansion,
 conversion, operation and maintenance of such land, buildings and equip-
 ment. FOR THE PURPOSES OF THIS SUBDIVISION, THE TERMS "RENEWABLE  ENERGY
 SYSTEMS"  AND "SHERIDAN AVENUE STEAM PLANT" SHALL HAVE THE SAME MEANINGS
 AS IN SUBDIVISION ONE OF SECTION TWO HUNDRED FOUR OF THE EXECUTIVE LAW.
   § 4. Subdivisions 2 and 3 of section 90 of the public  buildings  law,
 as  added by section 5 of part RR of chapter 56 of the laws of 2023, are
 amended to read as follows:
   2. "Decarbonization" and "decarbonize" means eliminating  all  on-site
 combustion  of fossil-fuels and associated co-pollutants with the excep-
 tion of back-up emergency generators and  redundant  systems  needed  to
 address  public health, safety and security, providing heating and cool-
 ing through thermal energy, and thermal energy networks,  from  non-com-
 bustion  sources,  and to the greatest extent feasible producing on-site
 electricity that is one hundred percent renewable.  NOTWITHSTANDING  THE
 PROVISIONS  OF  THIS SUBDIVISION, FOR PURPOSES OF THE EMPIRE STATE PLAZA
 COMPLEX, SUCH TERM SHALL MEAN MEETING THE REQUIREMENTS  OF  SUBDIVISIONS
 TWO  AND  THREE  OF  SECTION  TWO HUNDRED FOUR OF THE EXECUTIVE LAW, AND
 SECTION NINETY-ONE OF THIS ARTICLE, AS SUCH REQUIREMENTS ARE  APPLICABLE
 TO THE EMPIRE STATE PLAZA COMPLEX.
   3. "Highest-emitting facilities" means state-owned facilities that are
 among the highest producers of greenhouse gas emissions and collectively
 account  for  at least thirty percent of the greenhouse gas emissions as
 recorded by the authority's Build Smart NY program established  pursuant
 to  Executive  Order 88 of 2012.  NOTWITHSTANDING THE PROVISIONS OF THIS
 SUBDIVISION, ONE OF SUCH FACILITIES SHALL BE   THE  EMPIRE  STATE  PLAZA
 COMPLEX.  FOR PURPOSES OF THIS ARTICLE, THE "EMPIRE STATE PLAZA COMPLEX"
 SHALL HAVE THE SAME MEANING AS DEFINED IN PARAGRAPH (E)  OF  SUBDIVISION
 ONE OF SECTION TWO HUNDRED FOUR OF THE EXECUTIVE LAW.
   §  5.  The  opening  paragraph  and paragraph (g) of subdivision 1 and
 subdivision 2 of section 91 of the public buildings  law,  as  added  by
 section  5 of part RR of chapter 56 of the laws of 2023, are amended and
 a new paragraph (l) is added to subdivision 1 to read as follows:
   The authority is hereby authorized and directed to establish decarbon-
 ization action plans for fifteen of the highest-emitting facilities that
 will serve as a basis for decarbonizing the facilities  to  the  maximum
 extent  practicable,  and  subject  to  any needed redundant systems and
 back-up systems needed for public safety and  security.    [Decarboniza-
 tion]  EXCEPT  AS  PROVIDED  IN  PARAGRAPH  (H)  OF SUBDIVISION THREE OF
 SECTION TWO HUNDRED FOUR OF THE EXECUTIVE  LAW,  DECARBONIZATION  action
 plans shall address the following matters at a minimum:
   (g) [Identification] EXCEPT FOR THE EMPIRE STATE PLAZA DECARBONIZATION
 PLAN,  IDENTIFICATION  of  any  parts  of  the facilities that cannot be
 decarbonized, with explanations.
 S. 4842                             7
 
   (L) IN THE CASE OF THE  EMPIRE  STATE  PLAZA  COMPLEX  DECARBONIZATION
 ACTION  PLAN,  THE ITEMS LISTED IN PARAGRAPH (F) OF SUBDIVISION THREE OF
 SECTION TWO HUNDRED FOUR OF THE EXECUTIVE LAW.
   2.  [The]  EXCEPT  FOR  THE  DECARBONIZATION PLAN FOR THE EMPIRE STATE
 PLAZA COMPLEX, THE authority shall complete the  decarbonization  action
 plans  no  later  than  January  thirty-first,  two thousand twenty-six,
 provided that such date shall be extended for justifiable delay  outside
 the  control of the authority, including, but not limited to, previously
 planned or current major renovations or replacements to the  facilities,
 delayed permitting or approval by building owners, local authorities, or
 other essential parties, external resource bottlenecks, pending or unre-
 solved  investigations  into  utility  grid  capacity or similar circum-
 stances where crucial information is not yet  available  or  determined.
 Such  extension  shall  be  limited to the time necessary to address the
 factors causing such delay.  THE EMPIRE STATE DECARBONIZATION PLAN SHALL
 BE COMPLETED BY JANUARY THIRTY-FIRST, TWO THOUSAND  TWENTY-SIX,  AND  NO
 EXCLUSIONS FOR JUSTIFIABLE DELAYS SHALL BE PERMITTED.
   § 6. Subdivisions 5, 6 and 7 of section 91 of the public buildings law
 are renumbered subdivisions 6, 7 and 8, and a new subdivision 5 is added
 to read as follows:
   5.  THE  AUTHORITY  SHALL BE AUTHORIZED TO USE THE FUNDING PROVIDED IN
 SUBDIVISION FOUR OF THIS SECTION TO PREPARE THE  DECARBONIZATION  ACTION
 PLAN  FOR  THE EMPIRE STATE PLAZA COMPLEX, TO UPDATE OR MODIFY ANY STUDY
 OR PLAN UNDERTAKEN, WITH THE GOAL, IN  WHOLE  OR  IN  PART  OF  REDUCING
 GREENHOUSE  GAS  EMISSIONS APPLICABLE TO SUCH COMPLEX, OR TO PERFORM THE
 ENGINEERING STUDY MANDATED BY PARAGRAPH  (D)  OF  SUBDIVISION  THREE  OF
 SECTION  TWO  HUNDRED FOUR OF THE EXECUTIVE LAW, PROVIDED THAT SUCH PLAN
 OR STUDY IN THE VIEW OF THE AUTHORITY WOULD PROVIDE  INFORMATION  USEFUL
 FOR ACHIEVING THE PURPOSES OF SUCH SECTION.
   § 7. This act shall take effect immediately.