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. LBD04116-01-9A. 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.