S T A T E   O F   N E W   Y O R K
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                                  3640

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2013
                               ___________

Introduced  by  M. of A. BRENNAN, CAHILL, SWEENEY, LUPARDO, ENGLEBRIGHT,
  GALEF, ROSENTHAL, ZEBROWSKI, JAFFEE, CRESPO, ROBERTS, SCHIMEL, BARRON,
  LIFTON, ABINANTI, HOOPER -- Multi-Sponsored by --  M.  of  A.  ABBATE,
  ARROYO,  BOYLAND,  COOK,  ESPINAL,  GLICK,  GOTTFRIED, GUNTHER, ORTIZ,
  ROBINSON, WEISENBERG -- read once and referred  to  the  Committee  on
  Corporations, Authorities and Commissions

AN  ACT to amend the public authorities law, in relation to establishing
  environmental standards for public authorities

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Article  9  of  the  public authorities law is amended by
adding a new title 13 to read as follows:
                                 TITLE 13
                            ENERGY EFFICIENCY
SECTION 2990.   DEFINITIONS.
        2991.   APPLICABILITY.
        2992.   ENERGY TARGETS.
        2993.   ENERGY ASSESSMENTS AND EFFICIENCY PLAN.
        2994.   SOLID WASTE MANAGEMENT PLAN.
        2995.   SUSTAINABILITY COORDINATOR.
        2996.   NEW CONSTRUCTION, RENOVATIONS AND LEASES.
        2997.   PROCUREMENT.
        2998.   STATE AUTHORITIES ENERGY EFFICIENCY COUNCIL.
        2999.   REPORTS.
        2999-A. ASSISTANCE FROM OTHER AUTHORITIES.
  S 2990. DEFINITIONS. FOR THE PURPOSES OF  THIS  TITLE,  THE  FOLLOWING
WORDS AND TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1.  "BUILDING  OR  FACILITY"  MEANS A SINGLE BUILDING OR FACILITY OR A
GROUP OF BUILDINGS OR STRUCTURES AT A SINGLE SITE THAT IS OWNED, LEASED,
OPERATED OR FUNDED BY A STATE AUTHORITY THAT EXCEEDS TEN THOUSAND SQUARE
FEET OF SPACE.   FOR THE PURPOSES OF THIS  TITLE,  THE  TERM  "FACILITY"

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01448-02-3
              

A. 3640                             2

SHALL  INCLUDE  ANY  HIGHWAY,  PARKWAY OR PUBLIC ROAD OWNED, OPERATED OR
MAINTAINED BY A STATE AUTHORITY.
  2.  "COGENERATION"  MEANS THE SIMULTANEOUS GENERATION OF TWO DIFFERENT
FORMS OF USEFUL ENERGY USING ONE SINGLE PRIMARY ENERGY SOURCE, SUCH  AS,
THE  PRODUCTION OF ELECTRICITY USING WASTE ENERGY, SUCH AS STEAM; OR THE
USE OF STEAM FROM ELECTRIC POWER GENERATION AS A SOURCE OF HEAT.
  3. "COUNCIL" MEANS THE STATE  AUTHORITIES  ENERGY  EFFICIENCY  COUNCIL
ESTABLISHED PURSUANT TO SECTION TWENTY-NINE HUNDRED NINETY-EIGHT OF THIS
TITLE.
  4. "DEC" MEANS THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION.
  5.  "DISTRIBUTED  GENERATION" MEANS ELECTRICITY THAT IS GENERATED FROM
SMALL ENERGY SOURCES THAT ARE LOCATED NEAR OR IN THE BUILDING OR FACILI-
TY WHERE THE ELECTRICITY IS USED. DISTRIBUTED  ENERGY  RESOURCE  SYSTEMS
ARE  SMALL-SCALE POWER GENERATION TECHNOLOGIES USED TO PROVIDE AN ALTER-
NATIVE TO OR ENHANCEMENT OF THE TRADITIONAL ELECTRIC POWER SYSTEM,  SUCH
AS SOLAR PANELS OR SMALL WIND TURBINES.
  6.  "FUEL CELL" MEANS A DEVICE THAT PRODUCES ELECTRICITY DIRECTLY FROM
HYDROGEN OR HYDROCARBON FUEL THROUGH A  NON-COMBUSTIVE  ELECTRO-CHEMICAL
PROCESS.
  7.  "NYSERDA" MEANS THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT
AUTHORITY.
  8. "OGS" MEANS THE OFFICE OF GENERAL SERVICES.
  9. "RENEWABLE ENERGY" MEANS ENERGY PRODUCED FROM THE FOLLOWING  SOURC-
ES:  SOLAR  THERMAL,  PHOTOVOLTAICS,  WIND, HYDROELECTRIC, GEO-EXCHANGE,
TIDAL/WAVE ENERGY AND HIGH-EFFICIENCY BIOMASS.
  10. "STATE AUTHORITY" SHALL  MEAN  THE  STATE  AUTHORITIES  LISTED  IN
SECTION TWENTY-NINE HUNDRED NINETY-ONE OF THIS TITLE.
  11.  "STATE INTERAGENCY COMMITTEE" MEANS THE STATE INTERAGENCY COMMIT-
TEE ON SUSTAINABILITY AND  GREEN  PROCUREMENT  ESTABLISHED  PURSUANT  TO
EXECUTIVE ORDER NUMBER FOUR OF TWO THOUSAND EIGHT.
  S  2991.  APPLICABILITY.  1.  THE  PROVISIONS OF THIS TITLE SHALL ONLY
APPLY TO THE FOLLOWING STATE AUTHORITIES:
  BATTERY PARK CITY AUTHORITY
  CAPITAL DISTRICT TRANSPORTATION AUTHORITY
  CENTRAL NEW YORK REGIONAL TRANSPORTATION AUTHORITY
  DEVELOPMENT AUTHORITY OF THE NORTH COUNTRY
  DORMITORY AUTHORITY OF THE STATE OF NEW YORK
  LONG ISLAND POWER AUTHORITY
  METROPOLITAN TRANSPORTATION AUTHORITY
  NEW YORK CONVENTION CENTER OPERATING CORPORATION
  NEW YORK STATE BRIDGE AUTHORITY
  NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY
  NEW YORK STATE OLYMPIC REGIONAL DEVELOPMENT AUTHORITY
  NEW YORK STATE THRUWAY AUTHORITY
  NIAGARA FRONTIER TRANSPORTATION AUTHORITY
  NORTH COUNTRY POWER AUTHORITY
  OGDENSBURG BRIDGE AND PORT AUTHORITY
  PORT OF OSWEGO AUTHORITY
  POWER AUTHORITY OF THE STATE OF NEW YORK
  ROCHESTER-GENESEE REGIONAL TRANSPORTATION AUTHORITY
  2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION,
THE  PROVISIONS  OF THIS TITLE SHALL NOT APPLY TO A BUILDING OR FACILITY
OWNED, LEASED OR OPERATED BY A STATE AUTHORITY ESTABLISHED  PURSUANT  TO
TITLES  ONE AND ONE-A, AS ADDED BY CHAPTER FIVE HUNDRED SEVENTEEN OF THE
LAWS OF NINETEEN HUNDRED EIGHTY-SIX, OF ARTICLE FIVE  OF  THIS  CHAPTER,

A. 3640                             3

WHICH BUILDING OR FACILITY OR VEHICLE OR VEHICLE FLEET IS USED PRIMARILY
TO PRODUCE, GENERATE, TRANSMIT OR STORE ENERGY AND POWER.
  S  2992. ENERGY TARGETS. 1. ALL BUILDINGS OR FACILITIES OR VEHICLES OR
VEHICLE FLEETS OWNED, LEASED,  UNDER  WHICH  THE  STATE  AUTHORITY  PAYS
DIRECTLY  FOR  ENERGY,  OR  OPERATED BY A STATE AUTHORITY SHALL MEET THE
FOLLOWING TARGETS AND TIMETABLE TO ACHIEVE REDUCTIONS IN GREENHOUSE  GAS
EMISSIONS, ENERGY AND WATER CONSUMPTION:
  (A)  REDUCE  GREENHOUSE GAS EMISSIONS THAT RESULT FROM STATE AUTHORITY
OPERATIONS FROM THE ESTABLISHED BASELINE MEASUREMENTS BY FIFTEEN PERCENT
BY THE YEAR TWO THOUSAND EIGHTEEN, TWENTY-FIVE PERCENT BY THE  YEAR  TWO
THOUSAND  TWENTY-THREE  AND FIFTY PERCENT BY THE YEAR TWO THOUSAND TWEN-
TY-EIGHT. EMISSION REDUCTIONS SHALL BE MEASURED ON AN ABSOLUTE BASIS AND
NOT ADJUSTED FOR FACILITY EXPANSION, LOAD GROWTH OR WEATHER;
  (B) REDUCE OVERALL ENERGY CONSUMPTION AT BUILDINGS  OR  FACILITIES  OR
VEHICLES  OR  VEHICLE  FLEETS  OWNED  OR  LEASED,  UNDER WHICH THE STATE
AUTHORITY PAYS DIRECTLY FOR ENERGY, BY  THE  STATE  AUTHORITY  FROM  THE
ESTABLISHED  BASELINE  MEASUREMENTS  BY  FIFTEEN PERCENT BY THE YEAR TWO
THOUSAND EIGHTEEN, TWENTY-FIVE PERCENT BY THE YEAR TWO THOUSAND  TWENTY-
THREE AND FIFTY PERCENT BY THE YEAR TWO THOUSAND TWENTY-EIGHT;
  (C) REDUCE POTABLE WATER USE FROM THE ESTABLISHED BASELINE MEASUREMENT
BY  TEN PERCENT BY THE YEAR TWO THOUSAND EIGHTEEN, TWENTY PERCENT BY THE
YEAR TWO THOUSAND TWENTY-THREE AND THIRTY PERCENT BY THE YEAR TWO  THOU-
SAND TWENTY-EIGHT; AND
  (D)  OBTAIN  BY  GENERATION  OR  PROCUREMENT FIFTEEN PERCENT OF ANNUAL
ELECTRICITY CONSUMPTION FROM RENEWABLE SOURCES AND/OR  FROM  DISTRIBUTED
GENERATION   OR   COGENERATION   BY  THE  YEAR  TWO  THOUSAND  EIGHTEEN,
TWENTY-FIVE PERCENT BY THE YEAR  TWO  THOUSAND  TWENTY-THREE  AND  FIFTY
PERCENT BY THE YEAR TWO THOUSAND TWENTY-EIGHT.
  2.  EACH  STATE  AUTHORITY THAT OWNS, LEASES OR OPERATES A BUILDING OR
FACILITY OR VEHICLE OR VEHICLE FLEET SHALL ESTABLISH A BASELINE MEASURE-
MENT OF GREENHOUSE GAS  EMISSIONS,  ELECTRICITY  AND  WATER  CONSUMPTION
LEVELS  FOR  THE  PERIOD  BEGINNING  JANUARY FIRST, TWO THOUSAND TEN AND
ENDING DECEMBER THIRTY-FIRST, TWO THOUSAND ELEVEN FOR SUCH  BUILDING  OR
FACILITY  OR VEHICLE OR VEHICLE FLEET. THE BASELINE MEASUREMENT SHALL BE
THE AVERAGE OF THE TWO YEAR PERIOD.
  3. THE COMMITTEE IS  AUTHORIZED,  UPON  THE  APPLICATION  OF  A  STATE
AUTHORITY, TO REDUCE OR DECREASE ONE OR MORE EFFICIENCY TARGETS REQUIRED
UNDER  THIS SECTION IF THE STATE AUTHORITY CAN DEMONSTRATE TO THE SATIS-
FACTION OF THE COMMITTEE THAT IT HAS ACHIEVED SUBSTANTIALLY THE  OVERALL
TARGET  OR GOAL PRIOR TO THE FINAL TARGET YEAR. FOR THE PURPOSES OF THIS
SUBDIVISION, SUBSTANTIAL ACHIEVEMENT SHALL MEAN MEETING  NINETY  PERCENT
OR MORE OF THE TARGET OR GOAL.
  S 2993. ENERGY ASSESSMENTS AND EFFICIENCY PLAN. 1. ENERGY ASSESSMENTS.
(A) A STATE AUTHORITY THAT OWNS, LEASES OR OPERATES A BUILDING OR FACIL-
ITY  SHALL  CONDUCT AN ANNUAL ONSITE ASSESSMENT AND EVALUATION OF ENERGY
AND WATER CONSUMPTION AND EXPENSES OF SUCH  BUILDING  OR  FACILITY.  THE
ASSESSMENT SHALL INCLUDE THE FOLLOWING INFORMATION:
  (1)  THE  TOTAL  NUMBER  OF  BUILDINGS AND FACILITIES OWNED, LEASED OR
OPERATED BY THE STATE AUTHORITY AND THE TOTAL SQUARE  FOOTAGE  FOR  SUCH
BUILDINGS AND FACILITIES;
  (2)  THE TOTAL ANNUAL ENERGY CONSUMPTION, LISTED BY ENERGY SOURCE, FOR
EACH BUILDING OR FACILITY;
  (3) THE TOTAL ANNUAL ENERGY COST CALCULATED PER SQUARE FOOT, AND LIST-
ED BY ENERGY SOURCE, FOR EACH BUILDING OR FACILITY;
  (4) THE TOTAL ANNUAL WATER CONSUMPTION FOR EACH BUILDING OR FACILITY;

A. 3640                             4

  (5) THE TOTAL ANNUAL COST FOR FUEL USED BY  AUTHORITY-OWNED  VEHICLES,
LISTED  BY  FUEL  TYPE AND THE AVERAGE MILEAGE EFFICIENCY OF VEHICLES BY
VEHICLE CLASS OWNED OR LEASED BY THE STATE AUTHORITY; AND
  (6)  A  BREAKDOWN  BY PERCENTAGE OF THE TOTAL RENEWABLE ENERGY USED BY
EACH BUILDING OR FACILITY.
  (B) IN DEVELOPING THIS ASSESSMENT, THE STATE AUTHORITY  MAY  SEEK  THE
ADVICE AND ASSISTANCE OF OTHER STATE AGENCIES AND ENTITIES, SUCH AS DEC,
NYSERDA OR OGS.
  2.  ENERGY  EFFICIENCY  PLAN.  (A)  BASED  ON  THE  INITIAL ASSESSMENT
CONDUCTED PURSUANT TO  SUBDIVISION  ONE  OF  THIS  SECTION,  EACH  STATE
AUTHORITY  SHALL  DEVELOP  AND SUBMIT TO THE COUNCIL FOR ITS APPROVAL AN
ENERGY EFFICIENCY PLAN TO MEET THE TARGETS, GOALS AND  TIMETABLE  ESTAB-
LISHED  PURSUANT TO SUBDIVISION ONE OF SECTION TWENTY-NINE HUNDRED NINE-
TY-TWO OF THIS TITLE.
  (B) THE PLAN SHALL DESCRIBE SPECIFIC MEASURES TO BE  TAKEN  TO  REDUCE
THE  STATE  AUTHORITY'S  GREENHOUSE  GAS  EMISSIONS,  ENERGY  AND  WATER
CONSUMPTION IN ACCORDANCE WITH SUCH TARGETS AND GOALS.  THE  PLAN  SHALL
ALSO  DESCRIBE  ANY POLICIES ADOPTED, AND PROJECTS PURSUED, BY THE STATE
AUTHORITY TO INCREASE THE USE OF  RENEWABLE  ENERGY  SOURCES  AND  OTHER
ALTERNATIVE SOURCES, SUCH AS DISTRIBUTIVE GENERATION AND COGENERATION.
  (C) THE COUNCIL SHALL APPROVE THE PLAN IF THE PLAN:
  (1)  PROVIDES  A  DETAILED  AND  COMPREHENSIVE  PLAN FOR ACHIEVING THE
TARGETS AND GOALS SET FORTH IN SECTION TWENTY-NINE HUNDRED NINETY-TWO OF
THIS TITLE; AND
  (2) CAN BE IMPLEMENTED IN A COST-EFFECTIVE MANNER.
  (D) THE PLAN SHALL BE  AMENDED  TO  REFLECT  ANY  CHANGES  OR  UPDATES
REPORTED  IN  THE  ANNUAL ASSESSMENT PURSUANT TO SUBDIVISION ONE OF THIS
SECTION.
  (E) WITH RESPECT TO BUILDINGS AND FACILITIES THAT  CONTAIN  LESS  THAN
TEN  THOUSAND  SQUARE  FEET IN SPACE, A STATE AUTHORITY IS ENCOURAGED TO
ASSESS, DEVELOP AND IMPLEMENT  EFFICIENCY  AND  WASTE  MANAGEMENT  PLANS
CONSISTENT  WITH  THE TARGETS, GOALS AND TIMETABLES REQUIRED PURSUANT TO
THIS TITLE.
  S 2994. SOLID WASTE MANAGEMENT PLAN. 1. FOR PURPOSES OF THIS  SECTION,
"SOLID WASTE" SHALL HAVE THE SAME MEANING AS IS FOUND IN SUBDIVISION ONE
OF  SECTION 27-0701 OF THE ENVIRONMENTAL CONSERVATION LAW, BUT SHALL NOT
INCLUDE SOURCE, SPECIAL NUCLEAR OR BY-PRODUCT MATERIAL AS DEFINED IN THE
ATOMIC ENERGY ACT OF 1954, AS AMENDED, OR HAZARDOUS WASTE WHICH  APPEARS
ON  THE LIST OR SATISFIES THE CHARACTERISTICS OF HAZARDOUS WASTE PROMUL-
GATED PURSUANT TO SECTION 27-0903 OF THE ENVIRONMENTAL CONSERVATION LAW,
OR LOW LEVEL RADIOACTIVE WASTE AS DEFINED  IN  SECTION  29-0101  OF  THE
ENVIRONMENTAL CONSERVATION LAW.
  2. (A) ALL STATE AUTHORITIES SHALL PREPARE AND SUBMIT TO THE COMMITTEE
FOR  ITS  REVIEW  AND  APPROVAL  A  SOLID WASTE MANAGEMENT PLAN FOR SUCH
AUTHORITY FOR AT LEAST A TEN-YEAR PERIOD.
  (B) THE SOLID WASTE MANAGEMENT PLAN, WHICH SHALL BE IN A  FORM  DEVEL-
OPED BY THE COMMITTEE, SHALL, AT A MINIMUM:
  (1)  IDENTIFY,  DESCRIBE AND CHARACTERIZE THE SOLID WASTE STREAM TO BE
MANAGED IN THE PLANNING PERIOD;
  (2) ASSESS EXISTING AND  ALTERNATE  PROPOSED  SOLID  WASTE  MANAGEMENT
PROGRAMS AND FACILITIES;
  (3) IDENTIFY THE PARTIES WITH RESPONSIBILITY TO IMPLEMENT EACH ELEMENT
OF THE PLAN AND THE STEPS WHICH MUST BE UNDERTAKEN BY EACH; AND
  (4)  SET FORTH A TIMETABLE FOR IMPLEMENTING THE PLAN, INCLUDING ESTAB-
LISHING ANNUAL GOALS.

A. 3640                             5

  (C) SUCH PLAN SHALL STRIVE TO ACHIEVE  THE  OBJECTIVES  OF  THE  STATE
SOLID  WASTE MANAGEMENT POLICY SET FORTH IN SECTION 27-0106 OF THE ENVI-
RONMENTAL CONSERVATION LAW, PROVIDE FOR OR TAKE INTO ACCOUNT  MANAGEMENT
OF  ALL  SOLID  WASTE  WITHIN  THE  PLANNING UNIT, AND EMBODY, AS MAY BE
APPROPRIATE  TO  THE  CIRCUMSTANCES,  SOUND  PRINCIPLES  OF  SOLID WASTE
MANAGEMENT,  NATURAL  RESOURCES  CONSERVATION,  ENERGY  PRODUCTION,  AND
EMPLOYMENT CREATING OPPORTUNITIES.
  (D)  THE  COMMITTEE  SHALL  APPROVE  A  PLAN  IF THE PLAN CONTAINS THE
ELEMENTS SET FORTH IN PARAGRAPH (B) OF THIS SUBDIVISION. THEREAFTER SUCH
PLAN SHALL BECOME THE SOLID WASTE MANAGEMENT PLAN  IN  EFFECT  FOR  SUCH
AUTHORITY.    IF THE PLAN AS SUBMITTED DOES NOT CONTAIN THE ELEMENTS SET
FORTH IN PARAGRAPH (B) OF THIS SUBDIVISION, THE  COMMITTEE  SHALL  STATE
THE  REASONS  FOR  ITS  DETERMINATION AND REQUIRE THE STATE AUTHORITY TO
RE-SUBMIT AN AMENDED PLAN FOR APPROVAL.
  S 2995. SUSTAINABILITY COORDINATOR.  1.  EACH  STATE  AUTHORITY  SHALL
APPOINT  A  SUSTAINABILITY  COORDINATOR TO ORGANIZE, COORDINATE, OVERSEE
AND REPORT ON THE ENERGY EFFICIENCY AND WASTE MANAGEMENT  ACTIVITIES  OF
THE  STATE  AUTHORITY.  THE  COORDINATOR  SHALL,  AMONG OTHER DUTIES AND
RESPONSIBILITIES:
  (A) PREPARE THE ENERGY EFFICIENCY AND SOLID WASTE MANAGEMENT PLANS;
  (B) ORGANIZE, COORDINATE AND OVERSEE THE IMPLEMENTATION OF  THE  EFFI-
CIENCY ACTIVITIES CONTAINED IN THE EFFICIENCY PLAN;
  (C)  ORGANIZE,  COORDINATE AND OVERSEE THE IMPLEMENTATION OF THE SOLID
WASTE MANAGEMENT PLAN;
  (D)  SUBMIT  THE  PROGRESS  REPORTS  REQUIRED  PURSUANT   TO   SECTION
TWENTY-NINE HUNDRED NINETY-NINE OF THIS TITLE; AND
  (E)  DISSEMINATE  ALL  APPLICABLE  INFORMATION TO AUTHORITY STAFF, AND
TRACKING AND REPORTING ALL REQUESTED ENERGY CONSUMPTION OR WASTE MANAGE-
MENT DATA.
  2. THE DEC AND NYSERDA SHALL DEVELOP AND CONDUCT  A  TRAINING  PROGRAM
FOR THE SUSTAINABILITY COORDINATORS AND ASSIST THEM WITH THE TRAINING OF
APPROPRIATE STAFF, VENDORS AND CONTRACTORS.
  S  2996.  NEW  CONSTRUCTION, RENOVATIONS AND LEASES. 1. (A) THE DESIGN
AND CONSTRUCTION OF ANY NEW BUILDINGS OR FACILITY,  OR  THE  SUBSTANTIAL
RENOVATION  OF  AN  EXISTING  BUILDING OR FACILITY, BY A STATE AUTHORITY
SHALL COMPLY WITH THE  STANDARDS  AND  REGULATIONS  PROMULGATED  BY  OGS
PURSUANT TO ARTICLE FOUR-C OF THE PUBLIC BUILDINGS LAW. THIS SUBDIVISION
SHALL ALSO APPLY TO A BUILDING OR FACILITY, FIFTY PERCENT OR MORE OF THE
FUNDING  FOR  THE  PURCHASE,  LEASE, DESIGN, CONSTRUCTION OR SUBSTANTIAL
RENOVATION THEREOF IS FUNDED DIRECTLY OR INDIRECTLY BY A STATE  AUTHORI-
TY.
  (B)  FOR  THE  PURPOSES  OF  THIS SECTION, THE TERM "SUBSTANTIAL RENO-
VATION" SHALL MEAN: A  CAPITAL  PROJECT  IN  WHICH  THE  SCOPE  OF  WORK
INVOLVES  AT  LEAST TWO OF THE FOLLOWING PRIMARY BUILDING SYSTEMS: ELEC-
TRICAL, PLUMBING,  BOILER,  ELEVATOR,  HVAC,  ROOF  REPLACEMENT,  WINDOW
REPLACEMENT,  LIGHTING OR EXTERNAL MASONRY, PAINTING AND PLASTERING; AND
THE BUILDING AREA IN WHICH THE CONSTRUCTION IS PERFORMED WILL BE UNOCCU-
PIED DUE TO THE NATURE OF THE CONSTRUCTION FOR THIRTY DAYS OR MORE.
  2. ANY LEASES ENTERED INTO BY A STATE AUTHORITY, INCLUDING THE RENEGO-
TIATION OR EXTENSION OF EXISTING LEASES, SHALL:
  (A) INCORPORATE LEASE PROVISIONS THAT ENCOURAGE ENERGY AND WATER EFFI-
CIENCY WHEREVER LIFE-CYCLE COST-EFFECTIVE. BUILD-TO-SUIT LEASE SOLICITA-
TIONS SHALL CONTAIN CRITERIA ENCOURAGING SUSTAINABLE DESIGN AND DEVELOP-
MENT, ENERGY EFFICIENCY, AND VERIFICATION OF FACILITY PERFORMANCE;

A. 3640                             6

  (B) INCLUDE A PREFERENCE FOR FACILITIES HAVING THE ENERGY STAR  BUILD-
ING  LABEL  IN THEIR SELECTION CRITERIA FOR ACQUIRING LEASED FACILITIES;
AND
  (C)  ENCOURAGE  LESSORS TO APPLY FOR AN ENERGY STAR BUILDING LABEL AND
TO EXPLORE AND IMPLEMENT PROJECTS  THAT  WILL  REDUCE  COSTS,  INCLUDING
PROJECTS CARRIED OUT THROUGH THE LESSORS' ENERGY-SAVINGS CONTRACTS.
  S  2997.  PROCUREMENT. 1. PROCUREMENT FROM SPECIFICATION LIST. (A) ALL
PURCHASES OF COMMODITY, EQUIPMENT, SERVICES AND TECHNOLOGIES MADE  BY  A
STATE  AUTHORITY  SHALL  BE PURSUANT TO PROCUREMENT LISTS AND SPECIFICA-
TIONS PROMULGATED BY THE STATE INTERAGENY COMMITTEE.
  (B) IN ADDITION, ALL  STATE  AUTHORITIES  SHALL  PROCURE  COMMODITIES,
EQUIPMENT,  SERVICES  AND TECHNOLOGIES THAT MEET OR EXCEED THE FOLLOWING
MINIMUM SPECIFICATIONS:
  (1) RECYCLED CONTENT. ALL COPY PAPER  AND  OTHER  PAPER  SUPPLIES  FOR
WHICH  THE  UNITED  STATES ENVIRONMENTAL PROTECTION AGENCY HAS DEVELOPED
RECYCLED CONTENT RECOMMENDATIONS PURSUANT TO SECTION SIX THOUSAND TWO OF
THE FEDERAL RESOURCE CONSERVATION AND RECOVERY ACT SHALL BE REQUIRED  TO
MEET  OR  EXCEED  THE  STATE  AUTHORITY'S MINIMUM POST-CONSUMER MATERIAL
CONTENT PERCENTAGES RECOMMENDED IN THE MOST RECENT  RECOVERED  MATERIALS
ADVISORY  NOTICE  ISSUED  FOR  SUCH  COMMODITY  IN THE FEDERAL REGISTER;
PROVIDED, HOWEVER, THAT XEROGRAPHIC PAPER SHALL  CONTAIN  NO  LESS  THAN
THIRTY  PERCENT  POST-CONSUMER RECYCLED CONTENT. ALL COPY AND JANITORIAL
PAPER SHALL BE PROCESSED CHLORINE-FREE TO THE  EXTENT  PRACTICABLE.  ALL
STATE  AUTHORITIES SHALL PRINT PUBLICATIONS ON RECYCLED PAPER, AND MINI-
MUM PERCENTAGES SHALL BE MET UNLESS COSTS FOR SUCH PAPER EXCEED THE COST
OF OTHER AVAILABLE COMMODITIES BY MORE THAN TEN PERCENT.
  (2) WASTE REDUCTION. STATE AUTHORITIES SHALL SEEK TO REDUCE  WASTE  IN
PRODUCTS AND PACKAGING, INCLUDING THE FORMULATION OF POLICIES TO PROMOTE
THE  USE  OF  DOUBLE-SIDED  COPYING  AND PRINTING TO THE GREATEST EXTENT
PRACTICABLE. STATE AUTHORITIES SHALL FAVOR DURABILITY, REPAIRABILITY AND
REUSE WHEN PURCHASING SUPPLIES.
  2. IF A COMMODITY OR EQUIPMENT IS NOT ON A PROCUREMENT LIST, THE STATE
AUTHORITY SHALL SELECT ENERGY STAR AND  ENERGY-EFFICIENT  PRODUCTS  WHEN
ACQUIRING  ENERGY-USING PRODUCTS OR EQUIPMENT. FOR PRODUCTS OR EQUIPMENT
FOR WHICH ENERGY STAR LABELS ARE NOT YET AVAILABLE, THE STATE  AUTHORITY
SHALL  FOLLOW  THE  GUIDELINES  ADOPTED BY NYSERDA THAT DESIGNATE TARGET
ENERGY EFFICIENCY LEVELS FOR SUCH PRODUCT OR EQUIPMENT.
  3. A STATE AUTHORITY MAY PROCURE A COMMODITY,  EQUIPMENT,  SERVICE  OR
TECHNOLOGY THROUGH A PROCESS THAT DOES NOT COMPLY WITH THIS SECTION WHEN
THE  PURCHASE  OF  THE  COMMODITY,  EQUIPMENT,  SERVICE OR TECHNOLOGY IS
NECESSARY TO RESPOND TO AN EMERGENCY WHICH ENDANGERS  PUBLIC  HEALTH  OR
SAFETY,  PROVIDED SUCH AUTHORITY SHALL WITHIN SEVEN BUSINESS DAYS FILE A
WRITTEN REPORT WITH THE AUTHORITY'S BUDGET OFFICE AND THE OFFICE OF  THE
STATE  COMPTROLLER,  WHICH  SHALL BECOME PART OF THE PROCUREMENT RECORD.
THE REPORT SHALL CONTAIN THE FOLLOWING INFORMATION:
  (A) A DESCRIPTION OF THE  EMERGENCY  THAT  PREVENTED  COMPLIANCE  WITH
SUBDIVISIONS ONE AND TWO OF THIS SECTION;
  (B)  THE  NAME OF THE COMMODITY OR TECHNOLOGY, OR A DESCRIPTION OF THE
SERVICE, ITS USE AND INTENSITY OF USE;
  (C) A DESCRIPTION OF THE STEPS BEING TAKEN TO SAFEGUARD PUBLIC  HEALTH
AND SAFETY DURING THE EMERGENCY; AND
  (D)  AN  EXPLANATION  OF  HOW  SUCH AN EMERGENCY CAN BE AVOIDED IN THE
FUTURE.
  4. (A) BEGINNING ONE YEAR AFTER THE EFFECTIVE DATE  OF  THIS  SECTION,
ALL  STATE  AUTHORITIES, WHEN PROCURING COMMODITIES, EQUIPMENT, SERVICES
OR TECHNOLOGY SHALL FOLLOW PRACTICES AND DEVELOP SOLICITATION SPECIFICA-

A. 3640                             7

TIONS THAT MEET OR EXCEED  THE  MINIMUM  SPECIFICATIONS  ESTABLISHED  IN
SUBDIVISION  ONE  OF  THIS  SECTION.  ALL SUCH CONTRACTS SHALL INCLUDE A
STATEMENT DESCRIBING HOW SUCH MINIMUM SPECIFICATIONS WERE MET.
  (B)  IN THE EVENT THAT A STATE AUTHORITY RECEIVES NO BIDS OR PROPOSALS
THAT MEET THE SPECIFICATIONS DEVELOPED PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION, SUCH AGENCY OR AUTHORITY MAY WITHDRAW THE REQUEST FOR  BIDS
OR PROPOSALS AND BEGIN A NEW PROCUREMENT WITH NEW SPECIFICATIONS WITHOUT
SUCH SPECIFICATIONS AND AWARD A CONTRACT IN ACCORDANCE WITH OTHER APPLI-
CABLE STATUTES; PROVIDED, HOWEVER THAT SUCH AUTHORITY SHALL DOCUMENT THE
REASONS  WHY  SUCH  PROCUREMENT DOES NOT MEET THE MINIMUM SPECIFICATIONS
ESTABLISHED IN SUBDIVISION ONE OF THIS SECTION, AND SUBMIT SUCH DOCUMEN-
TATION FOR INCLUSION IN THE ANNUAL  REPORT  REQUIRED  PURSUANT  TO  THIS
TITLE  AND  TO  THE OFFICE OF THE STATE COMPTROLLER FOR INCLUSION IN THE
PROCUREMENT RECORD.
  5. (A) NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REQUIRING A STATE
AUTHORITY TO PROCURE A COMMODITY, EQUIPMENT, SERVICE OR TECHNOLOGY  THAT
DOES NOT MEET THE FORM, FUNCTION AND UTILITY REQUIRED BY SUCH AUTHORITY,
OR  AS  REQUIRING  A  STATE AUTHORITY TO PROCURE A COMMODITY, EQUIPMENT,
SERVICE OR TECHNOLOGY THE COST OF WHICH EXCEEDS THE COST OF AN  ALTERNA-
TIVE AVAILABLE COMMODITY  OR SERVICE BY MORE THAN TEN PERCENT.
  (B)  WHEN DETERMINING AND COMPARING COSTS, STATE AGENCIES AND AUTHORI-
TIES SHALL CONSIDER COST AS DEFINED IN SECTION ONE HUNDRED SIXTY OF  THE
STATE FINANCE LAW.
  6.  TRAINING  AND  EDUCATION. OGS, WITH THE ASSISTANCE OF THE DEC, THE
DEPARTMENT OF HEALTH, AND THE OFFICE OF THE  STATE  COMPTROLLER,  WITHIN
TWELVE  MONTHS  OF  THE EFFECTIVE DATE OF THIS SECTION, SHALL DESIGN AND
BEGIN IMPLEMENTATION OF A TRAINING PROGRAM FOR SENIOR MANAGERS AND STATE
AUTHORITY STAFF INVOLVED IN PROCUREMENT TO FAMILIARIZE THEM  WITH  THEIR
RESPONSIBILITIES  UNDER THIS SECTION  AND ENSURE THE EFFECTIVE AND EFFI-
CIENT IMPLEMENTATION OF THE PROVISIONS OF  THIS  SECTION.  SUCH  PROGRAM
SHALL PROVIDE FOR NEW EMPLOYEE TRAINING AND ONGOING TRAINING.
  S  2998.  STATE AUTHORITIES ENERGY EFFICIENCY COUNCIL. THERE IS HEREBY
ESTABLISHED WITHIN DEC A STATE AUTHORITIES  ENERGY  EFFICIENCY  COUNCIL.
THE  COMMISSIONER  OF DEC SHALL DETERMINE THE NUMBER OF, AND APPOINT THE
MEMBERS TO THE COUNCIL, PROVIDED THAT THERE SHALL BE AT LEAST ONE REPRE-
SENTATIVE EACH FROM NYSERDA AND OGS. THE COUNCIL  SHALL  BE  RESPONSIBLE
FOR  MONITORING,  OVERSEEING AND REPORTING ON THE ACTIONS TAKEN BY STATE
AUTHORITIES TO ACHIEVE THE ENERGY REDUCTION TARGETS REQUIRED UNDER  THIS
TITLE, AND SHALL HAVE THE FOLLOWING DUTIES AND RESPONSIBILITIES:
  1. DEVELOP FORMATS FOR THE ENERGY EFFICIENCY PLAN, SOLID WASTE MANAGE-
MENT  PLAN  AND PROGRESS REPORTS, AND ESTABLISH THE DATES FOR SUBMISSION
OF THE PLANS AND REPORTS;
  2. ASSIST STATE AUTHORITIES AND  THEIR  COORDINATORS  TO  PREPARE  THE
ENERGY  EFFICIENCY  AND  WASTE MANAGEMENT PLANS, TO IMPLEMENT THE PLANS,
AND TO MEET THE TARGETS AND GOALS SET FORTH IN THIS TITLE;
  3. APPROVE THE ENERGY EFFICIENCY PLAN OR WASTE MANAGEMENT PLAN SUBMIT-
TED BY A STATE AUTHORITY;
  4. EVALUATE THE PROGRESS OF STATE AUTHORITIES  IN  IMPLEMENTING  THEIR
ENERGY  EFFICIENCY  AND  WASTE MANAGEMENT PLANS, AND MEETING THE TARGETS
AND GOALS SET FORTH IN THIS TITLE;
  5. COMPILE THE INFORMATION  SUBMITTED  BY  STATE  AUTHORITIES  IN  THE
PROGRESS  REPORTS  AND  REPORT ON THE PROGRESS MADE TOWARD ACHIEVING THE
GOALS DESCRIBED IN THE EFFICIENCY PLAN;
  6. PROVIDE TECHNICAL ASSISTANCE  TO  STATE  AUTHORITIES  NECESSARY  TO
SATISFY REPORTING REQUIREMENTS;

A. 3640                             8

  7.  DEVELOP  AND  MAINTAIN DATA MANAGEMENT SYSTEMS AS ARE NECESSARY TO
DOCUMENT ENERGY USAGE IN A MANNER CONSISTENT WITH, AND  IN  SUPPORT  OF,
THE  DEVELOPMENT AND IMPLEMENTATION OF THE ENERGY EFFICIENCY TARGETS AND
GOALS;
  8. PREPARE AN ANNUAL REPORT TO THE GOVERNOR AND THE LEGISLATURE PURSU-
ANT TO SECTION TWENTY-NINE HUNDRED NINETY-NINE OF THIS TITLE.
  S 2999. REPORTS. 1. PROGRESS REPORTS. (A) THE SUSTAINABILITY COORDINA-
TOR  OF  EACH STATE AUTHORITY SHALL PREPARE AND SUBMIT TO THE COUNCIL AN
ANNUAL PROGRESS REPORT IN A FORM OR MANNER, CONTAINING SUCH  INFORMATION
OR DATA, AND ON SUCH DATE DETERMINED BY THE COUNCIL. THE REPORT SHALL BE
CERTIFIED  AS  ACCURATE  AND  COMPLETE  BY THE EXECUTIVE DIRECTOR OF THE
STATE AUTHORITY.
  (B) AT A MINIMUM, SUCH REPORT SHALL DESCRIBE:
  (1) THE STATE AUTHORITY'S EFFORTS REGARDING REDUCTION  IN  ENERGY  AND
WATER  CONSUMPTION;  WASTE  REDUCTION AND RECYCLING ACTIVITIES; RECYCLED
PRODUCT PROCUREMENT; QUANTITIES OF MATERIAL RECYCLED;
  (2) THE PROGRESS MADE TOWARD ACHIEVING THE TARGETS AND GOALS  MANDATED
IN THIS TITLE;
  (3)  THE  PROGRESS  MADE TOWARD INCREASING THE USE OF RENEWABLE ENERGY
SOURCES; AND
  (4) BARRIERS TO ACHIEVING PROGRESS TOWARDS  MEETING  THE  TARGETS  AND
GOALS.
  (C)  THE  COUNCIL,  INSTEAD OF DEVELOPING ITS OWN PROGRESS REPORT, MAY
DETERMINE TO ALLOW A STATE AUTHORITY TO USE THE PROGRESS  REPORT  DEVEL-
OPED  BY  THE  STATE  INTERAGENCY  COMMITTEE PURSUANT TO EXECUTIVE ORDER
NUMBER FOUR  OF  TWO  THOUSAND  EIGHT,  PROVIDED  THAT  THE  INFORMATION
REQUIRED  IN THE PROGRESS REPORT DEVELOPED BY SUCH COMMITTEE IS CONSIST-
ENT WITH THE INFORMATION REQUIRED UNDER THIS SECTION.
  2. ANNUAL REPORT. THE COUNCIL SHALL PREPARE AND SUBMIT TO THE GOVERNOR
AND THE LEGISLATURE AN ANNUAL REPORT, WHICH SHALL CONTAIN THE FOLLOWING:
  (A) A SUMMARY OF THE RESULTS FROM THE PROGRESS  REPORTS  SUBMITTED  BY
THE STATE AUTHORITIES;
  (B)  A  DESCRIPTION  OF  THE OVERALL PROGRESS BY THE STATE AUTHORITIES
TOWARDS  ACHIEVING  THE  ENERGY  CONSUMPTION  AND  WATER  USE  REDUCTION
TARGETS;
  (C)  A  DESCRIPTION  OF  THE OVERALL PROGRESS BY THE STATE AUTHORITIES
TOWARDS IMPLEMENTING THEIR WASTE MANAGEMENT PLANS;
  (D) A COMPARISON OF RESULTS OF ENERGY EFFICIENCY ACTIVITIES  TAKEN  BY
THE STATE AUTHORITIES DURING PRIOR YEARS;
  (E)  IDENTIFYING  THOSE  STATE  AUTHORITIES THAT HAVE PERFORMED POORLY
TOWARDS ACHIEVING THE EFFICIENCY TARGETS AND GOALS OR IMPLEMENTING THEIR
WASTE MANAGEMENT PLAN;
  (F) RECOMMENDATIONS TO IMPROVE OR ENHANCE THE  ENERGY  EFFICIENCY  AND
WASTE MANAGEMENT EFFORTS OF STATE AUTHORITIES.
  S  2999-A.  ASSISTANCE FROM OTHER AUTHORITIES. UPON THE REQUEST OF ANY
STATE AUTHORITY THAT IS SUBJECT TO THE PROVISIONS OF THIS TITLE AND THAT
IS LOCATED IN ITS SERVICE AREAS, THE POWER AUTHORITY OF THE STATE OF NEW
YORK OR THE LONG ISLAND POWER AUTHORITY, WHICHEVER IS APPROPRIATE, SHALL
PROVIDE WHATEVER ASSISTANCE NECESSARY TO HELP THE STATE  AUTHORITY  MEET
THE ENERGY EFFICIENCY TARGETS AND OTHER GOALS ESTABLISHED IN THIS TITLE.
SUCH ASSISTANCE SHALL INCLUDE, BUT NOT BE LIMITED TO:
  1.  FINANCING  AND  DEVELOPING  PROGRAMS TO INCREASE THE EFFICIENCY OF
ENERGY USE AND TO FACILITATE THE DEVELOPMENT OF CO-GENERATION;
  2. FINANCING, DESIGNING, DEVELOPING AND  PROVIDING  ENERGY  EFFICIENCY
AND CLEAN ENERGY TECHNOLOGY PROJECTS, PROGRAMS AND SERVICES;

A. 3640                             9

  3.   FINANCING,  DESIGNING,  DEVELOPING  AND  PROVIDING  PROGRAMS  AND
SERVICES RELATED TO RENOVATION OR RETROFITTING OF BUILDINGS AND  FACILI-
TIES  TO  ADDRESS  ENERGY  EFFICIENCY,  ENERGY  CONSERVATION, THE USE OF
RENEWABLE ENERGY AND THE REDUCTION OF AIR AND OTHER POLLUTION.
  S 2. Severability. If any clause, sentence, paragraph, section or part
of  this act shall be adjudged by any court of competent jurisdiction to
be invalid, the judgment shall not affect,  impair,  or  invalidate  the
remainder thereof, but shall be confined in its operation to the clause,
sentence,  paragraph,  section  or part thereof directly involved in the
controversy in which the judgment shall have been rendered.
  S 3. This act shall take effect immediately.