Bill Text: NY A05813 | 2019-2020 | General Assembly | Introduced


Bill Title: Directs the NY power authority to oversee mandated energy reduction efforts in state and public authority owned and managed buildings.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2020-01-08 - referred to corporations, authorities and commissions [A05813 Detail]

Download: New_York-2019-A05813-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5813
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 19, 2019
                                       ___________
        Introduced by M. of A. ENGLEBRIGHT, L. ROSENTHAL, QUART -- read once and
          referred to the Committee on Corporations, Authorities and Commissions
        AN  ACT  to  amend  the public authorities law, in relation to directing
          state agencies and public authorities to reduce their energy use,  and
          to prepare reports of their actions and achievements relating to ener-
          gy efficiency and provide such reports to the New York power authority
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1.  Section 1005 of the public authorities law is  amended  by
     2  adding a new subdivision 26 to read as follows:
     3    26.    Energy  efficiency improvements of state buildings shall be the
     4  responsibility of the state agencies  and  authorities.  Notwithstanding
     5  any  law  to the contrary, all "affected state entities" ("ASEs"), which
     6  includes all agencies and departments over which the governor has execu-
     7  tive authority, and all public-benefit corporations, public  authorities
     8  and  commissions  for  which  the governor appoints the chair, the chief
     9  executive or the majority of board members, except for the Port Authori-
    10  ty of New York and New Jersey, shall  be  responsible  for  collectively
    11  reducing  their  energy use for all state-owned and managed buildings by
    12  at least twenty percent from a baseline established as of March  thirty-
    13  first,  two thousand twelve for such buildings by April first, two thou-
    14  sand twenty-five ("target").
    15    (a) The authority shall establish a central management and implementa-
    16  tion team ("CMIT") to oversee  the  ASEs  and  administer  any  programs
    17  necessary to achieve the target. The CMIT is hereby authorized to:
    18    (i) take all appropriate measures to ensure that the target is met;
    19    (ii) direct ASEs to comply with the requirements of this subdivision;
    20    (iii)  create  guidelines  ("guidelines")  to assist ASEs in complying
    21  with the requirements of this subdivision, and  thereafter  update  such
    22  guidelines as necessary;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04116-01-9

        A. 5813                             2
     1    (iv) provide strategic, technical, and other assistance to each ASE to
     2  support implementation of the target;
     3    (v)  develop  annual milestones for achieving the target over the next
     4  seven years within twelve months of the effective date of this  subdivi-
     5  sion;
     6    (vi)  develop  and  implement  reporting requirements to document each
     7  ASE's progress toward meeting the target;
     8    (vii) develop a comprehensive operations and maintenance plan for  the
     9  state's  building  portfolio  to help achieve no cost and low cost effi-
    10  ciency improvements and ensure that efficiency savings are sustained;
    11    (viii) submit an annual report to the governor by January fifteenth of
    12  each year detailing the overall progress ASEs are making toward  meeting
    13  the target.
    14    (b)  In  addition to the requirements established in this subdivision,
    15  each ASE shall comply with the following:
    16    (i) For each state fiscal year, each ASE shall measure the energy  use
    17  in  state-owned and managed buildings having an area greater than twenty
    18  thousand square feet;
    19    (ii) Buildings that receive low benchmark scores, as  defined  by  the
    20  guidelines, shall undergo an American Society of Heating, Refrigeration,
    21  and  Air-Conditioning Engineers ("ASHRAE") Level II energy audit, or any
    22  other comparable audit that the CMIT approves.  In  addition  to  energy
    23  efficiency  measures,  the audits shall identify opportunities for cost-
    24  effective on-site renewable generation and high-efficiency combined heat
    25  and power;
    26    (iii) ASEs shall implement  a  cost-effective  portfolio  of  measures
    27  identified  and  recommended  in  the  audit  and shall complete or make
    28  substantial progress toward completion of such measures within two years
    29  of completion of the audit. A portfolio may include, but  shall  not  be
    30  limited to, no- and low-cost operational improvements, retro-commission-
    31  ing, capital energy efficiency retrofits, on-site renewable and high-ef-
    32  ficiency  combined  heat and power, and other measures identified by the
    33  CMIT;
    34    (iv) ASEs shall work with the CMIT to prioritize sub-metering for  all
    35  relevant  energy  sources  of buildings larger than one hundred thousand
    36  square feet on a master-metered campus to identify ways to finance  such
    37  sub-metering. All buildings having an area larger than one hundred thou-
    38  sand square feet on master-metered campuses shall be sub-metered for all
    39  fuels  and  other  energy sources by December thirty-first, two thousand
    40  twenty-one, to enable individual building benchmarking, unless  the  ASE
    41  that  owns  or operates the building can demonstrate to the CMIT that it
    42  is not cost-effective or feasible to do so;
    43    (v) ASEs shall include an energy efficiency  analysis  in  the  design
    44  phase  of  all capital project plans. The capital project should include
    45  energy efficient measures or technologies  determined  to  be  the  most
    46  cost-effective, as defined by the guidelines;
    47    (vi)  ASEs may receive credit towards the target for increasing energy
    48  efficiency in leased space. In addition, ASEs may receive credit towards
    49  meeting the target for installing on-site renewable  generation  if  the
    50  host  site for such renewable generation has deployed all cost-effective
    51  energy efficiency improvements consistent with the goals of this  subdi-
    52  vision.  ASEs  shall  consult with and apply to the CMIT concerning such
    53  credits;
    54    (vii) No later than October first of  each  calendar  year,  each  ASE
    55  shall  submit  all  information requested by the CMIT on all state-owned
    56  and managed buildings having an area over twenty thousand  square  feet,

        A. 5813                             3
     1  as  well  as  any other information related to assessing compliance with
     2  the requirements of this subdivision. The CMIT is authorized to  provide
     3  exemptions  for  good  cause  shown  pursuant to criteria and procedures
     4  established  in  the  guidelines,  including  exemptions associated with
     5  buildings that have obtained  and  maintained  Energy  Star  or  similar
     6  certification,  or  have  benchmark scores placing such buildings in the
     7  top quartile of comparable buildings for the particular year  at  issue.
     8  All  ASEs  shall submit results for annual exemptions to the CMIT in the
     9  annual report.  Electric usage attributable to  vehicle  charging  shall
    10  not  be  included  in the target and other requirements of this subdivi-
    11  sion.
    12    § 2. This act shall take effect immediately.
feedback