S T A T E O F N E W Y O R K
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8601
2025-2026 Regular Sessions
I N S E N A T E
December 5, 2025
___________
Introduced by Sen. MAY -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the public authorities law, in relation to enacting the
"statewide building energy disclosure act"
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 "statewide building energy disclosure act".
§ 2. The public authorities law is amended by adding a new section
1886 to read as follows:
§ 1886. STATEWIDE BUILDING ENERGY DISCLOSURE. 1. DEFINITIONS. FOR THE
PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
(A) "BUILDING" MEANS ANY STRUCTURE IN THE STATE THAT CONSUMES ENERGY.
(B) "GROSS FLOOR AREA" MEANS THE TOTAL FLOOR AREA CONTAINED WITHIN A
BUILDING, AS DETERMINED PURSUANT TO GUIDANCE BY THE AUTHORITY.
(C) "LARGE BUILDING" MEANS ANY BUILDING WITH A GROSS FLOOR AREA OF
TWENTY THOUSAND SQUARE FEET OR GREATER.
(D) "COVERED BUILDING" MEANS A LARGE BUILDING INCLUDED ON THE ANNUAL
COVERED BUILDINGS LIST.
(E) "COVERED BUILDINGS LIST" MEANS THE LIST ISSUED ANNUALLY BY THE
AUTHORITY PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
(F) "BUILDING OWNER" MEANS THE PERSON OR ENTITY LISTED ON THE COVERED
BUILDINGS LIST AS THE RESPONSIBLE OWNER OF A BUILDING.
(G) "ENERGY USAGE" MEANS:
(I) FOR UTILITIES, THE AMOUNT OF ENERGY DELIVERED TO A COVERED BUILD-
ING DURING THE PRIOR CALENDAR YEAR.
(II) FOR BUILDING OWNERS, ALL ENERGY USED AT A COVERED BUILDING OTHER
THAN ENERGY USED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH, INCLUDING BUT
NOT LIMITED TO DELIVERED FUELS, ONSITE GENERATION, AND OTHER NON-METERED
SOURCES.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14107-02-5
S. 8601 2
(H) "UTILITY" MEANS ANY GAS CORPORATION OR ELECTRIC CORPORATION, AS
SUCH TERMS ARE DEFINED BY SECTION TWO OF THE PUBLIC SERVICE LAW, OR ANY
DISTRICT STEAM CORPORATION, OR MUNICIPAL UTILITY AUTHORIZED TO DELIVER
ENERGY WITHIN THE STATE.
(I) "REPORTING ENTITY" MEANS ANY THIRD PARTY DESIGNATED BY A BUILDING
OWNER TO SUBMIT REQUIRED INFORMATION.
(J) "CAMPUS" MEANS A GROUPING OF MULTIPLE BUILDINGS ON CONTIGUOUS
PARCELS APPROVED BY THE AUTHORITY FOR COMBINED REPORTING.
2. COVERED BUILDINGS LIST. (A) THE AUTHORITY SHALL ISSUE AN ANNUAL
COVERED BUILDINGS LIST IDENTIFYING EACH COVERED BUILDING, ITS STREET
ADDRESS, APPROXIMATE GROSS FLOOR AREA, PRIMARY USE TYPE, BUILDING OWNER
AND BUSINESS ADDRESS, AND ANY OTHER INFORMATION THE AUTHORITY DETERMINES
NECESSARY.
(B) THE AUTHORITY SHALL NOTIFY BUILDING OWNERS OF THEIR INCLUSION IN
THE COVERED BUILDINGS LIST. FAILURE TO RECEIVE SUCH NOTICE SHALL NOT
RELIEVE AN OWNER OF COMPLIANCE OBLIGATIONS UNDER THIS SECTION.
(C) NEWLY CONSTRUCTED BUILDINGS SHALL BE INCLUDED IN THE COVERED
BUILDINGS LIST BEGINNING WITH THE FIRST REPORTING YEAR FOLLOWING ISSU-
ANCE OF A CERTIFICATE OF OCCUPANCY.
(D) A BUILDING OWNER MAY REQUEST THAT MULTIPLE BUILDINGS BE DESIGNATED
AND REPORTED AS A CAMPUS, SUBJECT TO APPROVAL BY THE AUTHORITY.
3. UTILITY REPORTING. (A) THE PUBLIC SERVICE COMMISSION SHALL PROMUL-
GATE REGULATIONS REQUIRING UTILITIES TO PROVIDE ANNUAL BUILDING LEVEL
ENERGY USAGE DATA FOR ALL COVERED BUILDINGS TO THE AUTHORITY. SUCH UTIL-
ITY DATA SHALL BE PROVIDED IN A FORMAT AND SCHEDULE ESTABLISHED BY THE
PUBLIC SERVICE COMMISSION IN CONSULTATION WITH THE AUTHORITY.
(B) THE PUBLIC SERVICE COMMISSION MAY REQUIRE UTILITIES TO USE STAND-
ARDIZED DATA FORMATS OR PLATFORMS FOR TRANSMISSION OF THE INFORMATION
REPORTED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION.
4. BUILDING OWNER REPORTING. (A) THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION SHALL PROMULGATE REGULATIONS REQUIRING BUILDING OWNERS TO
REPORT ALL NON-UTILITY ENERGY USAGE FOR EACH COVERED BUILDING.
(B) BUILDING OWNER DATA SHALL BE SUBMITTED TO THE AUTHORITY IN A FORM
AND MANNER ESTABLISHED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
IN CONSULTATION WITH THE AUTHORITY.
(C) A BUILDING OWNER MAY DESIGNATE A REPORTING ENTITY OR A DESIGNATED
BUILDING OWNER TO ACT ON ITS BEHALF. SUCH DESIGNATION SHALL NOT RELIEVE
THE OWNER OF LEGAL RESPONSIBILITY FOR COMPLIANCE.
(D) IF A LESSEE OR OCCUPANT IS RESPONSIBLE FOR ANY PORTION OF ENERGY
USAGE, THE BUILDING OWNER MAY REQUEST SUCH USAGE FROM THE LESSEE OR
OCCUPANT. THE REGULATIONS PROMULGATED PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION SHALL SPECIFY TIMELINES AND REQUIRED DOCUMENTATION FOR SUCH
REQUESTS.
5. REQUIRED DATA ELEMENTS. (A) THE PUBLIC SERVICE COMMISSION AND THE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION SHALL REQUIRE THAT ALL DATA
SUBMITTED PURSUANT TO SUBDIVISIONS THREE AND FOUR OF THIS SECTION
INCLUDE, AT A MINIMUM:
(I) ANNUAL ENERGY CONSUMPTION BY FUEL TYPE AND METER, EXPRESSED IN
UNITS APPROPRIATE TO EACH ENERGY SOURCE;
(II) THE TYPE OF ENERGY PROVIDED OR CONSUMED, INCLUDING ELECTRICITY,
NATURAL GAS, DISTRICT STEAM, FUEL OIL, PROPANE, ON SITE GENERATION, OR
ANY OTHER ENERGY SOURCE IDENTIFIED BY REGULATION;
(III) BUILDING CHARACTERISTICS NECESSARY FOR ACCURATE REPORTING AND
DISCLOSURE, INCLUDING GROSS FLOOR AREA, PRIMARY USE TYPE, AND OCCUPANCY
INFORMATION; AND
S. 8601 3
(IV) ANY ADDITIONAL DATA ELEMENTS NECESSARY TO SUPPORT EMISSIONS
CALCULATIONS OR TO ENSURE DATA QUALITY, AS DETERMINED BY THE AUTHORITY
IN CONSULTATION WITH THE PUBLIC SERVICE COMMISSION AND THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION.
(B) THE AUTHORITY SHALL ISSUE TECHNICAL GUIDANCE SPECIFYING STANDARD-
IZED DATA DEFINITIONS, UNITS OF MEASUREMENT, AND REPORTING FORMATS.
6. EXEMPTIONS. (A) A BUILDING SHALL BE EXEMPT FROM REPORTING PURSUANT
TO SUBDIVISION FOUR OF THIS SECTION FOR ANY REPORTING YEAR IN WHICH:
(I) IT WAS VACANT FOR THE ENTIRE YEAR;
(II) IT WAS DEMOLISHED DURING SUCH REPORTING YEAR;
(III) IT WAS MORE THAN FIFTY PERCENT VACANT FOR SUCH REPORTING YEAR
DUE TO CIRCUMSTANCES BEYOND THE CONTROL OF THE OWNER;
(IV) THE OWNER IS IN BANKRUPTCY OR INSOLVENCY PROCEEDINGS; OR
(V) THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DETERMINES THAT
SPECIAL CIRCUMSTANCES JUSTIFY AN EXEMPTION.
(B) THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SHALL ESTABLISH
PROCEDURES FOR REQUESTING EXEMPTIONS UNDER THIS SUBDIVISION.
7. DISPUTES AND CORRECTIONS. (A) A BUILDING OWNER MAY DISPUTE INCLU-
SION ON THE COVERED BUILDINGS LIST OR REQUEST CORRECTIONS BY SUBMITTING
EVIDENCE IN A FORM ESTABLISHED BY THE AUTHORITY.
(B) BUILDING OWNERS MAY SUBMIT CORRECTIONS TO DATA PROVIDED BY A UTIL-
ITY PURSUANT TO SUBDIVISION THREE OF THIS SECTION TO THE AUTHORITY
PURSUANT TO PROCEDURES ESTABLISHED BY THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION.
8. PUBLIC DATABASE AND ANNUAL REPORT. (A) THE AUTHORITY SHALL PUBLISH
AN ANNUAL PUBLIC DATABASE CONTAINING BUILDING LEVEL ENERGY USAGE AND
ASSOCIATED EMISSIONS CALCULATIONS FOR EACH COVERED BUILDING. SUCH DATA-
BASE SHALL BE SEARCHABLE AND SORTABLE BY MUNICIPALITY, ZIP CODE, BUILD-
ING SIZE, AND USE TYPE, AND SHALL INCLUDE A MAP-BASED TOOL.
(B) THE AUTHORITY SHALL PUBLISH AN ANNUAL REPORT SUMMARIZING STATEWIDE
ENERGY USAGE AND EMISSIONS TRENDS FROM COVERED BUILDINGS.
(C) NO PERSONALLY IDENTIFIABLE INFORMATION RELATING TO INDIVIDUALS
SHALL BE PUBLISHED AS PART OF THE DATABASE UNDER PARAGRAPH (A) OF THIS
SUBDIVISION OR THE REPORT UNDER PARAGRAPH (B) OF THIS SUBDIVISION,
EXCEPT THAT AN OWNER'S OR DESIGNEE'S NAME AND BUSINESS ADDRESS MAY BE
INCLUDED.
9. ENFORCEMENT. (A) THE PUBLIC SERVICE COMMISSION SHALL ENFORCE UTILI-
TY REPORTING OBLIGATIONS ESTABLISHED UNDER ITS REGULATIONS PURSUANT TO
THIS SECTION. PENALTIES FOR NONCOMPLIANCE SHALL BE SET BY REGULATION AND
MAY INCLUDE DAILY FINES.
(B) THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SHALL ENFORCE BUILD-
ING OWNER REPORTING OBLIGATIONS ESTABLISHED UNDER ITS REGULATIONS PURSU-
ANT TO THIS SECTION. PENALTIES FOR NONCOMPLIANCE SHALL BE SET BY REGU-
LATION AND MAY INCLUDE DAILY FINES.
(C) THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SHALL ESTABLISH
PENALTIES FOR LESSEES THAT FAIL TO PROVIDE REQUESTED DATA WHEN REQUIRED
UNDER REGULATION PURSUANT TO THIS SECTION.
(D) A BUILDING OWNER SHALL NOT PASS ANY PENALTY ASSESSED UNDER THIS
SECTION THROUGH TO A LESSEE OCCUPYING LESS THAN FIVE PERCENT OF THE
BUILDING'S GROSS FLOOR AREA.
10. INSPECTION AND AUDITS. THE DEPARTMENT OF ENVIRONMENTAL CONSERVA-
TION MAY AUDIT OR INSPECT INFORMATION SUBMITTED UNDER THIS SECTION AND
MAY REQUIRE SUPPORTING DOCUMENTATION FOR A PERIOD OF FIVE YEARS FOLLOW-
ING ANY REPORTING YEAR. THE AUTHORITY SHALL PROVIDE NECESSARY DATA
ACCESS AND COOPERATION TO THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION.
S. 8601 4
11. COORDINATION WITH EXISTING MUNICIPAL BENCHMARKING LAWS. (A) A
BUILDING OWNER SHALL BE DEEMED IN COMPLIANCE WITH THE REPORTING REQUIRE-
MENTS OF THIS SECTION FOR ANY COVERED BUILDING LOCATED IN A MUNICIPALITY
THAT HAS ADOPTED A LOCAL BENCHMARKING LAW THAT REQUIRES ANNUAL ENERGY
USAGE REPORTING AND PUBLIC DISCLOSURE, PROVIDED THAT:
(I) SUCH BUILDING OWNER HAS SUBMITTED ALL REQUIRED INFORMATION TO THE
LOCAL JURISDICTION IN THE FORM AND MANNER REQUIRED BY SUCH JURISDICTION;
AND
(II) THE AUTHORITY HAS DETERMINED THAT SUCH LOCAL BENCHMARKING LAW IS
AT LEAST AS COMPREHENSIVE AS THE REQUIREMENTS OF THIS SECTION WITH
RESPECT TO DATA ELEMENTS, BUILDING COVERAGE, AND FREQUENCY OF REPORTING.
(B) THE AUTHORITY, IN CONSULTATION WITH THE DEPARTMENT OF ENVIRON-
MENTAL CONSERVATION AND THE PUBLIC SERVICE COMMISSION, SHALL IDENTIFY
MUNICIPALITIES WITH APPROVED LOCAL BENCHMARKING LAWS AND SHALL PUBLISH A
LIST OF SUCH MUNICIPALITIES ON ITS WEBSITE. A MUNICIPALITY MAY REQUEST
APPROVAL BY SUBMITTING ITS LOCAL LAW AND REPORTING PROCEDURES TO THE
AUTHORITY.
(C) FOR A COVERED BUILDING LOCATED IN A MUNICIPALITY WITH AN APPROVED
LOCAL BENCHMARKING LAW, A BUILDING OWNER MAY SATISFY THE REPORTING OBLI-
GATIONS OF THIS SECTION BY PROVIDING THE AUTHORITY WITH A CERTIFICATE OF
COMPLIANCE OR EQUIVALENT DOCUMENTATION ISSUED BY THE LOCAL JURISDICTION,
OR BY AUTHORIZING THE LOCAL JURISDICTION TO TRANSMIT REQUIRED DATA
DIRECTLY TO THE AUTHORITY.
(D) THE AUTHORITY MAY ENTER INTO WRITTEN AGREEMENTS WITH LOCAL JURIS-
DICTIONS FOR THE PURPOSE OF RECEIVING DATA SUBMISSIONS, COORDINATING
DATA STANDARDS, ALIGNING REPORTING DEADLINES, AND AVOIDING DUPLICATION
OF REPORTING REQUIREMENTS. SUCH AGREEMENTS MAY INCLUDE PROCEDURES FOR
DATA SHARING, DATA QUALITY CONTROL, AND RESOLUTION OF DISCREPANCIES.
(E) NOTHING IN THIS SUBDIVISION SHALL PREVENT THE DEPARTMENT OF ENVI-
RONMENTAL CONSERVATION OR THE PUBLIC SERVICE COMMISSION FROM ENFORCING
COMPLIANCE WITH THEIR RESPECTIVE REGULATIONS IF A BUILDING OWNER FAILS
TO COMPLY WITH THE LOCAL BENCHMARKING LAW OR FAILS TO PROVIDE DOCUMENTA-
TION SUFFICIENT TO DEMONSTRATE COMPLIANCE.
12. RULEMAKING. (A) THE PUBLIC SERVICE COMMISSION AND THE DEPARTMENT
OF ENVIRONMENTAL CONSERVATION SHALL BE AUTHORIZED TO PROMULGATE ANY
RULES OR REGULATIONS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS
SECTION.
(B) THE AUTHORITY MAY ISSUE TECHNICAL GUIDANCE, DATA STANDARDS, AND
SUPPLEMENTAL MATERIALS TO SUPPORT IMPLEMENTATION OF THE PROVISIONS OF
THIS SECTION.
§ 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, or section of this act shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair, or
invalidate the remainder thereof, but shall be confined in its operation
to the clause, sentence, paragraph, subdivision, or section thereof
directly involved in the controversy in which such judgment shall have
been rendered. It is hereby declared to be the intent of the legislature
that this act would have been enacted even if such invalid provisions
had not been included herein.
§ 4. This act shall take effect immediately.
