Senate Bill S2689A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2689
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2023
                                ___________
 
 Introduced  by Sens. BRESLIN, BRISPORT, GOUNARDES, HOYLMAN-SIGAL, KRUEG-
   ER, SALAZAR -- 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 and the public authorities law, in
   relation to the utilization of renewable energy at state-owned facili-
   ties in Albany
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  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 (B) 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07366-01-3
              

 S. 2689                             2
 
 ING, THE STATE EDUCATION BUILDING, THE SHERIDAN AVENUE STEAM PLANT,  AND
 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 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  "PLAN" SHALL MEAN THE PLAN SET FORTH IN SUBDIVISION THREE OF
 THIS SECTION.
   (K) THE "PROJECT" SHALL MEAN  THE  WORK  ON  THE  EMPIRE  STATE  PLAZA
 COMPLEX MANDATED BY THIS SECTION.
   (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. FURTHER,
 THE  OFFICE SHALL STRONGLY CONSIDER ANY RECOMMENDATIONS MADE PURSUANT TO
 PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION.
   (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
 S. 2689                             3

 PUBLIC  SERVICE  LAW. EXCEPT IN REGARD TO THE PROVISION REGARDING TO THE
 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.
   (C)  ANY  CONTRACTOR RECEIVING PAYMENTS FOR WORK CONDUCTED PURSUANT TO
 THIS SECTION SHALL PAY EMPLOYEES AND OTHER WORKERS UNDER SUCH CONTRACT A
 WAGE NOT LESS THAN THE PREVAILING RATES OF WAGES FOR SUCH  WORK  IN  THE
 LOCALITY  WHERE  THE  WORK  IS PERFORMED, IN CONFORMITY WITH  PREVAILING
 WAGE LAWS.
   3. (A) WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE  DATE  OF  THIS
 SECTION,  THE OFFICE SHALL ISSUE A PLAN IN CONFORMITY WITH THIS SUBDIVI-
 SION AND SUBDIVISION TWO OF THIS SECTION.
   (B) 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.  THE ADVISORY  COMMITTEE,  WHOSE
 MEMBERS  SHALL  BE  APPOINTED  BY  THE COMMISSIONER OF THE DEPARTMENT OF
 ENVIRONMENTAL CONSERVATION IN CONSULTATION WITH THE PRESIDENT AND  CHIEF
 EXECUTIVE  OFFICER  OF NYSERDA, SHALL CONTAIN, BUT NOT BE LIMITED TO: AT
 LEAST 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 ENVI-
 RONMENTAL JUSTICE ORGANIZATIONS; ONE INDIVIDUAL NOT EMPLOYED BY NEW YORK
 STATE WITH RECOGNIZED EXPERTISE IN RENEWABLE ENERGY; A REPRESENTATIVE OF
 LABOR ORGANIZATIONS; AT LEAST ONE SCIENTIST WITH EXPERTISE IN ENERGY AND
 CLIMATE POLICY AND THE MAYOR OF ALBANY OR HIS OR HER DESIGNEE. THE ADVI-
 SORY COMMITTEE SHALL MEET AT LEAST THREE TIMES ANNUALLY,  OR  ADDITIONAL
 TIMES  AS THE COMMITTEE SHALL BY MAJORITY VOTE DETERMINE.  AT SUCH MEET-
 INGS, WHICH SHALL BE OPEN TO THE PUBLIC, THE OFFICE, AMONG OTHER THINGS,
 SHALL REPORT ON THE PROGRESS MADE IN COMPLETING THE PROJECT  AND  OTHER-
 WISE  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 ADVISORY
 PANEL TO CARRY OUT ITS POWERS AND DUTIES.
   (C) 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.
   (D) THE OFFICE SHALL ISSUE A DRAFT PLAN WITHIN ONE HUNDRED TWENTY DAYS
 AFTER  THE EFFECTIVE DATE OF THIS SECTION. THE OFFICE SHALL BE TRANSPAR-
 ENT IN ITS WORK TO DEVELOP THE PLAN AND SHALL MAINTAIN A  WEBSITE  WHERE
 THE  DRAFT PLAN AND OTHER DOCUMENTS RELEVANT TO ITS DEVELOPMENT SHALL BE
 POSTED FOR PUBLIC REVIEW. THE ADVISORY COMMITTEE SHALL HOLD AT LEAST TWO
 PUBLIC HEARINGS WITHIN THIRTY DAYS AFTER THE RELEASE OF THE  DRAFT  PLAN
 AND  PRIOR  TO THE RELEASE OF THE FINAL PLAN, OF WHICH ONE SHALL BE HELD
 IN ARBOR HILL OR SHERIDAN HOLLOW NEIGHBORHOODS AND  ONE  SHALL  BE  HELD
 DURING  THE EVENING OR WEEKEND HOURS. AN ADDITIONAL PUBLIC HEARING SHALL
 ALSO BE HELD WITHIN THIRTY DAYS  AFTER  THE  CREATION  OF  THE  ADVISORY
 S. 2689                             4
 
 COMMITTEE  TO  RECEIVE  PUBLIC  INPUT  INTO THE DEVELOPMENT OF THE DRAFT
 PLAN.
   (E)  THE PLAN SHALL CONTAIN RECOMMENDATIONS ON REGULATORY MEASURES AND
 OTHER STATE ACTIONS TO ENSURE THAT THE MANDATES IN  SUBDIVISION  TWO  OF
 THIS  SECTION  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 HEAT EXCHANGE WITH  THE  AQUIFER,  HEAT
 EXCHANGE  WITH  POTABLE  WATER  SUPPLIES,  HEAT RECOVERY FROM WASTEWATER
 SOURCES, AIR-SOURCE HEAT PUMP TECHNOLOGY, AND THERMAL STORAGE;
   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.  PRIORITIZATION  OF PROJECT IMPLEMENTATION EFFORTS TO MAXIMIZE THE
 CREATION OF QUALITY JOBS IN NEW YORK STATE AND THE LOCAL COMMUNITY.
   (F) THE PLAN SHALL ALSO DESIGNATE THE  GEOGRAPHIC  BOUNDARIES  OF  THE
 LOCAL COMMUNITY. IN DESIGNATING SUCH BOUNDARIES, WHICH SHALL INCLUDE THE
 ALBANY SHERIDAN HOLLOW, ARBOR HILL, CENTER SQUARE, MANSION AND SOUTH END
 NEIGHBORHOODS,  THE  OFFICE  SHALL CONSIDER INCLUDING IN ITS DESIGNATION
 ANY OTHER COMMUNITIES THAT EXPERIENCE IMPACTS ON THEIR WATER, AIR QUALI-
 TY, NOISE AND TRAFFIC FROM THE EMPIRE STATE PLAZA COMPLEX.
   § 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
 S. 2689                             5
 
 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
 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. This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2689--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2023
                                ___________
 
 Introduced  by Sens. BRESLIN, BRISPORT, GOUNARDES, HARCKHAM, HOYLMAN-SI-
   GAL, JACKSON, KRUEGER, MAY, MAYER, SALAZAR, SANDERS -- read twice  and
   ordered  printed, and when printed to be committed to the Committee on
   Procurement and Contracts -- reported favorably  from  said  committee
   and  committed  to  the  Committee on Energy and Telecommunications --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to  said  committee  --  recommitted  to the Committee on
   Procurement and Contracts in accordance with Senate Rule 6, sec. 8  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 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.  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07366-05-3
              

 S. 2689--B                          2
 
 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
 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
 S. 2689--B                          3
 
 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
 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 HIS OR HER DESIGNEE.
 THE ADVISORY COMMITTEE SHALL MEET AT  LEAST  THREE  TIMES  ANNUALLY,  OR
 ADDITIONAL  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 ADVISORY 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.
 S. 2689--B                          4
 
   (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
 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
 S. 2689--B                          5
 
 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 PRIORITIZE PROJECT IMPLEMENTATION EFFORTS TO MAXI-
 MIZE THE CREATION OF QUALITY JOBS IN NEW YORK STATE AND THE LOCAL COMMU-
 NITY. THE PLAN SHALL ALSO DESIGNATE THE  GEOGRAPHIC  BOUNDARIES  OF  THE
 LOCAL COMMUNITY. IN DESIGNATING SUCH BOUNDARIES, WHICH SHALL INCLUDE THE
 ALBANY  SHERIDAN  HOLLOW, ARBOR HILL, CENTER SQUARE, MANSION, WASHINGTON
 PARK, WEST HILL, AND SOUTH END NEIGHBORHOODS, THE OFFICE SHALL  CONSIDER
 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) 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
 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:
 S. 2689--B                          6
 
   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.
   (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:
 S. 2689--B                          7
 
   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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2689--C
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2023
                                ___________
 
 Introduced  by  Sens.  BRESLIN, BRISPORT, GONZALEZ, GOUNARDES, HARCKHAM,
   HOYLMAN-SIGAL, JACKSON, KRUEGER, MAY, MAYER, SALAZAR, SANDERS --  read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on Procurement and Contracts -- reported favorably from said
   committee and committed to the Committee on  Energy  and  Telecommuni-
   cations  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted  to  said  committee  --  recommitted  to  the
   Committee  on Procurement and Contracts in accordance with Senate Rule
   6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
   amended  and  recommitted  to  said committee -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee
 
 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07366-06-4
 S. 2689--C                          2
              

 
   (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
 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.
 S. 2689--C                          3
 
   (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
 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 HIS OR HER DESIGNEE.
 THE ADVISORY COMMITTEE SHALL MEET AT  LEAST  THREE  TIMES  ANNUALLY,  OR
 ADDITIONAL  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 ADVISORY 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
 S. 2689--C                          4
 
 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
 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
 S. 2689--C                          5
 
 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
 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
 S. 2689--C                          6
 
 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
 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:
 S. 2689--C                          7
 
   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.
   (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.