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

                                  6289

                            I N  S E N A T E

                               (PREFILED)

                             January 6, 2016
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations

AN ACT to amend the public authorities law and the environmental conser-
  vation  law, in relation to establishing the energy performance bench-
  marking program

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

  Section  1.  The  legislature  hereby finds and declares that New York
state is dedicated to the mutually  compatible  goals  of  environmental
protection,  energy  security,  and  economic  growth; increasing energy
efficiency has been identified as among the most cost-effective  methods
for  reducing greenhouse gas and other environmental pollutant emissions
and increasing energy security; increasing energy efficiency can lead to
increased jobs and a reduction in building operating expenses;  and  New
York  state  is  committed  to  implementing new policies to promote the
efficient use of energy and natural resources in  the  interest  of  the
long-term protection and enhancement of the state's environment, economy
and public health.
  S  2.  The  public  authorities law is amended by adding a new section
1018 to read as follows:
  S 1018.  BENCHMARKING.  1.  DEFINITIONS.  FOR  THE  PURPOSES  OF  THIS
SECTION, THE FOLLOWING TERMS ARE DEFINED AS FOLLOWS:
  A.  "AFFECTED  STATE  ENTITIES" MEANS (I) ALL AGENCIES AND DEPARTMENTS
OVER WHICH THE GOVERNOR HAS EXECUTIVE AUTHORITY,  AND  (II)  ALL  PUBLIC
BENEFIT  CORPORATIONS, PUBLIC AUTHORITIES AND COMMISSIONS, FOR WHICH THE
GOVERNOR APPOINTS THE CHAIR, THE CHIEF EXECUTIVE,  OR  THE  MAJORITY  OF
BOARD MEMBERS, EXCEPT FOR THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY.
  B.  "AVERAGE  SOURCE  ENERGY USE INTENSITY" OR "AVERAGE EUI" MEANS THE
AVERAGE SOURCE ENERGY USE  PER  SQUARE  FOOT  FOR  ALL  STATE-OWNED  AND
MANAGED BUILDINGS.
  C. "SOURCE ENERGY" MEANS ALL THE ENERGY USED IN DELIVERING ENERGY TO A
SITE, INCLUDING POWER GENERATION, TRANSMISSION AND DISTRIBUTION LOSSES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD13331-01-5

S. 6289                             2

  2.  ENERGY  REDUCTION TARGET. BY APRIL FIRST, TWO THOUSAND TWENTY, ALL
AFFECTED STATE ENTITIES SHALL COLLECTIVELY REDUCE  THE  AVERAGE  EUI  IN
STATE-OWNED  AND  MANAGED  BUILDINGS  BY  AT LEAST TWENTY PERCENT FROM A
BASELINE OF THE AVERAGE EUI OF SUCH BUILDINGS FOR STATE FISCAL YEAR  TWO
THOUSAND TEN--TWO THOUSAND ELEVEN ("TARGET").
  3.  OBLIGATIONS  TO MEET TARGET. A. CENTRAL MANAGEMENT AND IMPLEMENTA-
TION TEAM: THE NEW YORK  POWER  AUTHORITY  ("NYPA")  SHALL  ESTABLISH  A
CENTRAL  MANAGEMENT  AND IMPLEMENTATION TEAM ("CMIT") TO ADMINISTER THIS
SECTION.  (I) THE CMIT IS HEREBY DIRECTED AND AUTHORIZED TO:
  (A) TAKE ALL APPROPRIATE MEASURES TO ENSURE THAT THE TARGET IS MET;
  (B) DIRECT AFFECTED STATE ENTITIES TO COMPLY WITH THE REQUIREMENTS  OF
THIS SECTION;
  (C)  CREATE GUIDELINES ("GUIDELINES") WITHIN NINE MONTHS OF THE EFFEC-
TIVE DATE OF THIS SECTION TO ASSIST AFFECTED STATE ENTITIES IN COMPLYING
WITH THIS SECTION, AND THEREAFTER UPDATE SUCH GUIDELINES AS NECESSARY;
  (D)  PROVIDE  STRATEGIC,  TECHNICAL,  AND  OTHER  ASSISTANCE  TO  EACH
AFFECTED STATE ENTITY TO SUPPORT IMPLEMENTATION OF THIS SECTION;
  (E)  DEVELOP  ANNUAL MILESTONES FOR ACHIEVING THE TARGET OVER THE NEXT
SEVEN YEARS WITHIN TWELVE MONTHS OF THE EFFECTIVE DATE OF THIS SECTION;
  (F) DEVELOP AND IMPLEMENT  REPORTING  REQUIREMENTS  TO  DOCUMENT  EACH
AFFECTED STATE ENTITY'S PROGRESS TOWARD MEETING THE TARGET;
  (G)  DEVELOP  A  COMPREHENSIVE OPERATIONS AND MAINTENANCE PLAN FOR THE
STATE'S BUILDING PORTFOLIO TO HELP ACHIEVE NO-COST  AND  LOW-COST  EFFI-
CIENCY  IMPROVEMENTS  AND  ENSURE THAT EFFICIENCY SAVINGS ARE SUSTAINED;
AND
  (H) SUBMIT AN ANNUAL REPORT TO THE GOVERNOR BY  JANUARY  FIFTEENTH  OF
EACH  YEAR,  BEGINNING  IN  TWO  THOUSAND FIFTEEN, DETAILING THE OVERALL
PROGRESS AFFECTED STATE ENTITIES ARE MAKING TOWARD  MEETING  THE  TARGET
REQUIREMENTS.  THE  TARGET  REQUIREMENTS  FOR THE ANNUAL REPORT SHALL BE
CONTAINED IN THE GUIDELINES.
  (II) THE OFFICE OF GENERAL SERVICES AND  THE  NEW  YORK  STATE  ENERGY
RESEARCH  AND DEVELOPMENT AUTHORITY ARE HEREBY DIRECTED TO PROVIDE TECH-
NICAL ASSISTANCE TO THE CMIT AND EACH OF  THE  AFFECTED  STATE  ENTITIES
WITH RESPECT TO COMPLYING WITH AND IMPLEMENTING THE REQUIREMENTS OF THIS
SECTION AND THOSE ESTABLISHED BY THE CMIT PURSUANT TO THIS SECTION.
  B.  AFFECTED  STATE  ENTITIES.  IN ADDITION TO THE REQUIREMENTS ESTAB-
LISHED ABOVE, EACH OF THE AFFECTED STATE ENTITIES SHALL COMPLY WITH  THE
FOLLOWING:
  (I)  BENCHMARKING.  FOR  EACH  STATE  FISCAL YEAR, EACH AFFECTED STATE
ENTITY SHALL MEASURE THE ENERGY USE IN STATE-OWNED AND MANAGED BUILDINGS
HAVING AN AREA GREATER THAN TWENTY THOUSAND SQUARE  FEET.  BUILDINGS  ON
MASTER-METERED  CAMPUSES  SHALL BE BENCHMARKED AT THE CAMPUS LEVEL UNTIL
THEY ARE SUB-METERED AT THE BUILDING  LEVEL,  AFTER  WHICH  POINT  THOSE
BUILDINGS SHALL BE BENCHMARKED AT THE BUILDING LEVEL.
  (II)  AUDITS.  BUILDINGS THAT RECEIVE LOW BENCHMARK SCORES, AS DEFINED
BY THE GUIDELINES, SHALL UNDERGO AN AMERICAN SOCIETY OF HEATING, REFRIG-
ERATION AND AIR-CONDITIONING ENGINEERS ("ASHRAE") LEVEL II ENERGY AUDIT,
OR ANY OTHER COMPARABLE AUDIT THAT THE CMIT APPROVES. CAMPUSES THAT HAVE
ABOVE-AVERAGE EUIS OR POOR BENCHMARK SCORES, AS DEFINED  BY  THE  GUIDE-
LINES,  OR  ARE OTHERWISE PRIORITIZED BY THE AFFECTED STATE ENTITIES AND
THE CMIT, SHALL UNDERGO A CAMPUS-WIDE ASHRAE LEVEL II  ENERGY  AUDIT  OR
ANY  OTHER  COMPARABLE AUDIT APPROVED BY THE CMIT. IN ADDITION TO ENERGY
EFFICIENCY MEASURES, THE AUDITS SHALL IDENTIFY  OPPORTUNITIES  FOR  COST
EFFECTIVE ON-SITE RENEWABLE GENERATION AND HIGH-EFFICIENCY COMBINED HEAT
AND POWER.

S. 6289                             3

  (III)  REQUIRED  CAPITAL  PROJECTS  AND  ENERGY OPTIMIZATION MEASURES.
AFFECTED STATE ENTITIES SHALL IMPLEMENT A  COST-EFFECTIVE  PORTFOLIO  OF
MEASURES  IDENTIFIED  AND RECOMMENDED IN THE AUDIT AND SHALL COMPLETE OR
MAKE SUBSTANTIAL PROGRESS TOWARD COMPLETION OF SUCH MEASURES WITHIN  TWO
YEARS OF COMPLETION OF THE AUDIT. A PORTFOLIO MAY INCLUDE, BUT SHALL NOT
BE  LIMITED TO, NO- AND LOW-COST OPERATIONAL IMPROVEMENTS, RETRO-COMMIS-
SIONING, CAPITAL ENERGY  EFFICIENCY  RETROFITS,  ON-SITE  RENEWABLE  AND
HIGH-EFFICIENCY  COMBINED  HEAT AND POWER, AND OTHER MEASURES IDENTIFIED
BY THE CMIT.
  (IV) SUB-METERING. AFFECTED STATE ENTITIES SHALL WORK WITH THE CMIT TO
PRIORITIZE SUB-METERING FOR ALL RELEVANT  ENERGY  SOURCES  OF  BUILDINGS
LARGER  THAN  100,000 SQUARE FEET ON A MASTER-METERED CAMPUS TO IDENTIFY
WAYS TO FINANCE SUCH SUB-METERING. ALL BUILDINGS HAVING AN  AREA  LARGER
THAN  ONE  HUNDRED THOUSAND SQUARE FEET ON MASTER-METERED CAMPUSES SHALL
BE SUB-METERED FOR ALL FUELS AND OTHER ENERGY SOURCES BY DECEMBER  THIR-
TY-FIRST, TWO THOUSAND SIXTEEN, TO ENABLE INDIVIDUAL BUILDING BENCHMARK-
ING  UNLESS THE AFFECTED STATE ENTITY THAT OWNS OR OPERATES THE BUILDING
CAN DEMONSTRATE TO THE CMIT THAT IT IS NOT COST-EFFECTIVE OR FEASIBLE TO
DO SO.
  (V) INCORPORATING ENERGY EFFICIENCY ANALYSIS IN THE  CAPITAL  PLANNING
PROCESS.  AS  PART  OF  THE CAPITAL PLANNING PROCESS, ALL AFFECTED STATE
ENTITIES SHALL INCLUDE AN ENERGY EFFICIENCY ANALYSIS IN THE DESIGN PHASE
OF ALL CAPITAL PROJECT PLANS. THE CAPITAL PROJECT SHALL  INCLUDE  ENERGY
EFFICIENT MEASURES OR TECHNOLOGIES DETERMINED TO BE THE MOST COST-EFFEC-
TIVE, AS DEFINED BY THE GUIDELINES.
  (VI)  CREDITS.  AFFECTED STATE ENTITIES MAY RECEIVE CREDIT TOWARDS THE
TARGET FOR INCREASING ENERGY EFFICIENCY IN LEASED  SPACE.  IN  ADDITION,
AFFECTED  STATE  ENTITIES  MAY RECEIVE CREDIT TOWARDS MEETING THE TARGET
FOR INSTALLING ON-SITE RENEWABLE GENERATION IF THE HOST  SITE  FOR  SUCH
RENEWABLE  GENERATION  HAS DEPLOYED ALL COST-EFFECTIVE ENERGY EFFICIENCY
IMPROVEMENTS CONSISTENT WITH THE GOALS OF THIS SECTION.  AFFECTED  STATE
ENTITIES  SHALL CONSULT WITH AND APPLY TO THE CMIT CONCERNING SUCH CRED-
ITS.
  (VII) REPORTING. NO LATER THAN OCTOBER FIRST OF  EACH  CALENDAR  YEAR,
EACH AFFECTED STATE ENTITY SHALL SUBMIT ALL INFORMATION REQUESTED BY THE
CMIT ON ALL STATE-OWNED AND MANAGED BUILDINGS HAVING AN AREA OVER TWENTY
THOUSAND  SQUARE  FEET,  AS  WELL  AS  ANY  OTHER INFORMATION RELATED TO
ASSESSING COMPLIANCE WITH THIS SECTION.
  C. EXEMPTIONS. ELECTRIC USAGE ATTRIBUTABLE TO VEHICLE  CHARGING  SHALL
NOT BE INCLUDED IN THE TARGET AND REQUIREMENTS OF THIS SECTION. THE CMIT
IS  AUTHORIZED TO PROVIDE OTHER EXEMPTIONS FOR GOOD CAUSE SHOWN PURSUANT
TO CRITERIA AND PROCEDURES  ESTABLISHED  IN  THE  GUIDELINES,  INCLUDING
EXCEPTIONS  ASSOCIATED  WITH BUILDINGS THAT HAVE OBTAINED AND MAINTAINED
ENERGY STAR OR SIMILAR CERTIFICATION, OR HAVE BENCHMARK  SCORES  PLACING
SUCH  BUILDINGS  IN  THE  TOP  QUARTILE  OF COMPARABLE BUILDINGS FOR THE
PARTICULAR YEAR AT ISSUE. AFFECTED STATE ENTITIES SHALL SUBMIT  REQUESTS
FOR  ANNUAL  EXEMPTIONS TO THE CMIT. ANY SUCH REQUEST FOR EXEMPTIONS AND
RESULTING DETERMINATION BY THE CMIT SHALL  BE  INCLUDED  IN  THE  ANNUAL
REPORT.
  S  3.  Article  19 of the environmental conservation law is amended by
adding a new title 12 to read as follows:
                                TITLE 12
                              BENCHMARKING
SECTION 19-1201. BENCHMARKING.
S 19-1201. BENCHMARKING. THE ENERGY AND WATER USE OF  COVERED  BUILDINGS
             SHALL BE BENCHMARKED IN ACCORDANCE WITH THIS SECTION.

S. 6289                             4

  1.  DEFINITIONS.  AS  USED  IN THIS SECTION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
  A.  "BENCHMARK" MEANS TO INPUT AND SUBMIT TO THE BENCHMARKING TOOL THE
TOTAL USE OF ENERGY AND WATER FOR A BUILDING FOR THE  PREVIOUS  CALENDAR
YEAR  AND OTHER DESCRIPTIVE INFORMATION FOR SUCH BUILDING AS REQUIRED BY
THE BENCHMARKING TOOL.
  B. "BENCHMARKING TOOL" MEANS THE INTERNET-BASED DATABASE SYSTEM DEVEL-
OPED BY THE UNITED  STATES  ENVIRONMENTAL  PROTECTION  AGENCY,  AND  ANY
COMPLEMENTARY  INTERFACE  DESIGNATED  BY  THE  DEPARTMENT,  TO TRACK AND
ASSESS THE ENERGY AND WATER USE OF CERTAIN BUILDINGS RELATIVE TO SIMILAR
BUILDINGS.
  C. "COVERED BUILDING" MEANS AS  IT  APPEARS  IN  THE  RECORDS  OF  THE
DEPARTMENT OF TAXATION AND FINANCE:
  (I)(A)  A  BUILDING THAT EXCEEDS FIFTY THOUSAND GROSS SQUARE FEET, (B)
TWO OR MORE BUILDINGS ON THE SAME  TAX  LOT  THAT  TOGETHER  EXCEED  ONE
HUNDRED THOUSAND GROSS SQUARE FEET, OR (C) TWO OR MORE BUILDINGS HELD IN
THE CONDOMINIUM FORM OF OWNERSHIP THAT ARE GOVERNED BY THE SAME BOARD OF
MANAGERS  AND  THAT  TOGETHER  EXCEED  ONE HUNDRED THOUSAND GROSS SQUARE
FEET.
  (II) EXCEPTION: THE TERM "COVERED BUILDING" SHALL NOT INCLUDE:
  (A) ANY BUILDING THAT IS A GOVERNMENT BUILDING.
  (B) ANY BUILDING THAT IS OWNED BY THE GOVERNMENT.
  (C) REAL PROPERTY CLASSIFIED AS CLASS ONE PURSUANT TO SUBDIVISION  ONE
OF SECTION EIGHTEEN HUNDRED TWO OF THE REAL PROPERTY TAX LAW.
  D.  "DATA  CENTER"  MEANS A ROOM OR ROOMS USED PRIMARILY TO HOUSE HIGH
DENSITY COMPUTING EQUIPMENT, SUCH AS SERVER RACKS, USED FOR DATA STORAGE
AND PROCESSING.
  E. "DWELLING UNIT" MEANS A SINGLE UNIT CONSISTING OF ONE OR MORE HABI-
TABLE ROOMS, OCCUPIED OR ARRANGED TO BE OCCUPIED AS A UNIT SEPARATE FROM
ALL OTHER UNITS WITHIN A BUILDING, AND USED  PRIMARILY  FOR  RESIDENTIAL
PURPOSES AND NOT PRIMARILY FOR PROFESSIONAL OR COMMERCIAL PURPOSES.
  F. "ENERGY" MEANS ELECTRICITY, NATURAL GAS, FUEL OIL AND STEAM.
  G.  "OWNER"  MEANS THE OWNER OF RECORD, PROVIDED THAT "OWNER" SHALL BE
DEEMED TO INCLUDE:
  (I) THE NET LESSEE IN THE CASE OF A BUILDING SUBJECT TO  A  NET  LEASE
WITH  A  TERM  OF  AT  LEAST  FORTY-NINE YEARS, INCLUSIVE OF ALL RENEWAL
OPTIONS,
  (II) THE BOARD OF MANAGERS IN THE CASE OF A CONDOMINIUM, AND
  (III) THE BOARD OF DIRECTORS IN THE CASE OF  A  COOPERATIVE  APARTMENT
CORPORATION.
  H.  "TENANT"  MEANS  ANY  TENANT,  TENANT-STOCKHOLDER OF A COOPERATIVE
APARTMENT CORPORATION, CONDOMINIUM UNIT OR OWNER OR OTHER OCCUPANT.
  2. BENCHMARKING REQUIRED FOR COVERED BUILDINGS. THE OWNER OF A COVERED
BUILDING SHALL ANNUALLY BENCHMARK SUCH COVERED BUILDING  NO  LATER  THAN
MAY  FIRST,  TWO  THOUSAND  SEVENTEEN, AND NO LATER THAN EVERY MAY FIRST
THEREAFTER. BENCHMARKING OF WATER USE SHALL NOT BE REQUIRED  UNLESS  THE
BUILDING  WAS  EQUIPPED  WITH  AUTOMATIC  METER READING EQUIPMENT BY THE
DEPARTMENT FOR THE ENTIRETY OF THE PREVIOUS CALENDAR YEAR. THE OWNER  OR
THE  OWNER'S  REPRESENTATIVE  PERFORMING  THE BENCHMARKING SHALL CONSULT
WITH THE OPERATING STAFF OF THE BUILDING, AS APPROPRIATE.
  A. OBLIGATION TO REQUEST AND TO REPORT INFORMATION. WHERE  A  UNIT  OR
OTHER  SPACE IN A COVERED BUILDING, OTHER THAN A DWELLING UNIT, IS OCCU-
PIED BY A TENANT AND SUCH UNIT OR SPACE IS SEPARATELY METERED BY A UTIL-
ITY COMPANY, THE OWNER OF SUCH BUILDING SHALL REQUEST FROM  SUCH  TENANT
INFORMATION  RELATING TO SUCH TENANT'S SEPARATELY METERED ENERGY USE FOR

S. 6289                             5

THE PREVIOUS CALENDAR YEAR AND SUCH TENANT SHALL REPORT SUCH INFORMATION
TO SUCH OWNER.
  (I) OWNER SOLICITATION OF TENANT INFORMATION. SUCH OWNER SHALL REQUEST
INFORMATION  RELATING TO SUCH TENANT'S SEPARATELY METERED ENERGY USE FOR
THE PREVIOUS CALENDAR YEAR NO EARLIER THAN JANUARY FIRST  AND  NO  LATER
THAN  JANUARY THIRTY-FIRST OF ANY YEAR IN WHICH THE OWNER IS REQUIRED TO
BENCHMARK SUCH BUILDING. THE DEPARTMENT  MAY  REQUIRE  THAT  SUCH  OWNER
PROVIDE  SUCH  TENANT WITH A FORM DESIGNATED BY THE DEPARTMENT TO REPORT
SUCH INFORMATION.
  (II) TENANT REPORTING OF INFORMATION. SUCH TENANT SHALL REPORT  INFOR-
MATION  RELATING  TO SUCH TENANT'S SEPARATELY METERED ENERGY USE FOR THE
PREVIOUS CALENDAR YEAR NO LATER THAN FEBRUARY FIFTEENTH OF ANY  YEAR  IN
WHICH THE OWNER IS REQUIRED TO BENCHMARK SUCH BUILDING. SUCH INFORMATION
SHALL BE REPORTED IN A FORM AND MANNER DETERMINED BY THE DEPARTMENT.
  (III)  PROVISION  OF  INFORMATION  PRIOR  TO  VACATING A UNIT OR OTHER
SPACE.  WHERE SUCH OWNER RECEIVES NOTICE THAT  SUCH  TENANT  INTENDS  TO
VACATE  SUCH UNIT OR OTHER SPACE BEFORE REPORTING INFORMATION IN ACCORD-
ANCE WITH THIS PARAGRAPH, SUCH OWNER SHALL REQUEST INFORMATION  RELATING
TO SUCH TENANT'S ENERGY USE FOR ANY PERIOD OF OCCUPANCY RELEVANT TO SUCH
OWNER'S  OBLIGATION  TO  BENCHMARK.  ANY  SUCH  TENANT SHALL REPORT SUCH
INFORMATION TO THE OWNER OF SUCH BUILDING PRIOR TO VACATING SUCH UNIT OR
OTHER SPACE OR, IF SUCH INFORMATION IS NOT AVAILABLE PRIOR  TO  VACATING
SUCH  UNIT OR OTHER SPACE, AS SOON AS PRACTICABLE THEREAFTER, REGARDLESS
OF WHETHER  SUCH  OWNER  HAS  REQUESTED  INFORMATION  PURSUANT  TO  THIS
SECTION.  SUCH INFORMATION SHALL BE REPORTED IN A FORM AND MANNER DETER-
MINED BY THE DEPARTMENT.
  (IV) CONTINUING OBLIGATION TO BENCHMARK. THE FAILURE  OF  ANY  OR  ALL
TENANTS  TO  REPORT  THE  INFORMATION  REQUIRED BY THIS PARAGRAPH TO THE
OWNER SHALL NOT RELIEVE SUCH OWNER OF THE OBLIGATION TO BENCHMARK PURSU-
ANT TO THIS TITLE, PROVIDED THAT SUCH OWNER SHALL  NOT  BE  REQUIRED  TO
BENCHMARK  SUCH INFORMATION REPORTED BY A TENANT UNLESS OTHERWISE AVAIL-
ABLE TO SUCH OWNER.
  B. PRESERVATION OF DOCUMENTS, INSPECTION, AND AUDIT. OWNERS OF COVERED
BUILDINGS SHALL MAINTAIN SUCH RECORDS AS THE DEPARTMENT  DETERMINES  ARE
NECESSARY  FOR  CARRYING OUT THE PURPOSES OF THIS ARTICLE, INCLUDING BUT
NOT LIMITED TO ENERGY AND WATER BILLS AND REPORTS OR FORMS RECEIVED FROM
TENANTS. SUCH RECORDS SHALL BE PRESERVED FOR A PERIOD  OF  THREE  YEARS,
PROVIDED  THAT  THE COMMISSIONER MAY CONSENT TO THEIR DESTRUCTION WITHIN
THAT PERIOD OR MAY REQUIRE THAT SUCH RECORDS BE  PRESERVED  LONGER  THAN
SUCH  PERIOD.  AT  THE  REQUEST OF THE DEPARTMENT, SUCH RECORDS SHALL BE
MADE AVAILABLE FOR INSPECTION AND AUDIT BY THE DEPARTMENT AT  THE  PLACE
OF  BUSINESS  OF  THE  OWNER  OR AT THE OFFICES OF THE DEPARTMENT DURING
NORMAL BUSINESS HOURS.
  C. VIOLATIONS. IT SHALL BE UNLAWFUL FOR THE OWNER OF A COVERED  BUILD-
ING  TO  FAIL  TO BENCHMARK PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
THE COMMISSIONER SHALL CLASSIFY SUCH VIOLATION AS A LESSER VIOLATION.
  3. DIRECT UPLOAD. INFORMATION SHALL BE DIRECTLY UPLOADED TO THE BENCH-
MARKING TOOL IN ACCORDANCE WITH THE FOLLOWING:
  A. DIRECT UPLOAD BY A UTILITY COMPANY OR OTHER SOURCE. THE  DEPARTMENT
SHALL  ENCOURAGE  AND FACILITATE ANY UTILITY COMPANY OR ANY OTHER SOURCE
AUTHORIZED BY THE DEPARTMENT TO  UPLOAD  DIRECTLY  TO  THE  BENCHMARKING
TOOL,  AS  SOON  AS  PRACTICABLE,  INFORMATION  NECESSARY TO BENCHMARK A
BUILDING. WHERE INFORMATION IS UPLOADED  DIRECTLY  TO  THE  BENCHMARKING
TOOL BY A UTILITY COMPANY OR OTHER AUTHORIZED SOURCE, OWNERS AND TENANTS
SHALL  NOT  BE OBLIGATED TO REQUEST AND REPORT SUCH INFORMATION PURSUANT

S. 6289                             6

TO SUBPARAGRAPH (II)  OF  PARAGRAPH  (A)  OF  SUBDIVISION  TWO  OF  THIS
SECTION.
  B.  DIRECT  UPLOAD  BY  THE  DEPARTMENT.  THE  DEPARTMENT SHALL UPLOAD
DIRECTLY TO THE BENCHMARKING TOOL INFORMATION ON WATER USE AT ALL BUILD-
INGS THAT WERE EQUIPPED WITH AUTOMATIC METER READING  EQUIPMENT  BY  THE
DEPARTMENT  FOR  THE ENTIRETY OF THE PREVIOUS CALENDAR YEAR AND THAT ARE
SUBJECT TO THE BENCHMARKING REQUIREMENTS OF THIS TITLE.
  4. SUSPENSION. THE  COMMISSIONER  MAY  SUSPEND  ALL  OR  PART  OF  THE
REQUIREMENT  TO  BENCHMARK PURSUANT TO THIS TITLE UPON A WRITTEN FINDING
THAT A TECHNOLOGICAL  DEFICIENCY  IN  THE  BENCHMARKING  TOOL  PRECLUDES
COMPLIANCE WITH THIS TITLE. THE COMMISSIONER MAY LIFT ALL OR PART OF ANY
SUCH  SUSPENSION  UPON  A  WRITTEN FINDING THAT SUCH DEFICIENCY HAS BEEN
CORRECTED. THE DEPARTMENT SHALL NOTIFY THE GOVERNOR, THE SPEAKER OF  THE
ASSEMBLY,  THE  TEMPORARY PRESIDENT OF THE SENATE, AND THE DEPARTMENT OF
TAXATION AND FINANCE PROMPTLY UPON ISSUING A  SUSPENSION  OR  LIFTING  A
SUSPENSION PURSUANT TO THIS SECTION.
  5.  NOTIFICATION  AND  TRANSMISSION  OF INFORMATION. THE DEPARTMENT OF
TAXATION AND FINANCE SHALL:
  A. ANNUALLY NOTIFY OWNERS OF COVERED BUILDINGS OF THEIR OBLIGATION  TO
BENCHMARK PURSUANT TO SUBDIVISION TWO OF THIS SECTION, PROVIDED THAT THE
FAILURE  OF  THE  DEPARTMENT  OF TAXATION AND FINANCE TO NOTIFY ANY SUCH
OWNER SHALL NOT AFFECT THE OBLIGATION OF SUCH OWNER TO BENCHMARK  PURSU-
ANT TO SUCH SECTION.
  B.  NOTIFY OWNERS OF COVERED BUILDINGS OF ANY SUSPENSION OR LIFTING OF
A SUSPENSION PURSUANT TO SUBDIVISION FOUR OF THIS SECTION.
  C. MAKE AVAILABLE TO THE DEPARTMENT INFORMATION  REGARDING  OWNERS  OF
COVERED BUILDINGS FOR WHICH NO BENCHMARKING INFORMATION WAS GENERATED BY
THE BENCHMARKING TOOL.
  6.  DISCLOSURE.  THE  DEPARTMENT  OF  TAXATION  AND FINANCE SHALL MAKE
INFORMATION GENERATED BY THE BENCHMARKING TOOL AVAILABLE TO  THE  PUBLIC
ON THE INTERNET NO LATER THAN SEPTEMBER FIRST, TWO THOUSAND EIGHTEEN, NO
LATER  THAN EVERY SEPTEMBER FIRST THEREAFTER FOR COVERED BUILDINGS WHOSE
PRIMARY USE IS RESIDENTIAL, AS DETERMINED BY THE DEPARTMENT OF  TAXATION
AND  FINANCE,  AND NO LATER THAN SEPTEMBER FIRST, TWO THOUSAND NINETEEN,
AND NO LATER THAN EVERY SEPTEMBER FIRST THEREAFTER FOR COVERED BUILDINGS
WHOSE PRIMARY USE IS RESIDENTIAL, AS DETERMINED  BY  THE  DEPARTMENT  OF
TAXATION  AND FINANCE.   SUCH INFORMATION SHALL INCLUDE, BUT NEED NOT BE
LIMITED TO:
  A. THE ENERGY UTILIZATION INDEX,
  B. THE WATER USE PER GROSS SQUARE FOOT,
  C. WHERE AVAILABLE, A RATING THAT COMPARES THE ENERGY AND WATER USE OF
THE BUILDING TO THAT OF SIMILAR BUILDINGS, AND
  D. A COMPARISON OF DATA ACROSS  CALENDAR  YEARS  FOR  ANY  YEARS  SUCH
BUILDING WAS BENCHMARKED. INFORMATION GENERATED BY THE BENCHMARKING TOOL
FOR  THE  TWO  THOUSAND SIXTEEN CALENDAR YEAR FOR COVERED BUILDINGS, AND
FOR THE TWO THOUSAND SEVENTEEN CALENDAR YEAR FOR COVERED BUILDINGS WHOSE
PRIMARY USE IS RESIDENTIAL, AS DETERMINED BY THE DEPARTMENT OF  TAXATION
AND FINANCE, SHALL NOT BE DISCLOSED. EXCEPTION: RATINGS GENERATED BY THE
BENCHMARKING  TOOL  FOR  A COVERED BUILDING THAT CONTAINS A DATA CENTER,
TELEVISION STUDIO, AND/OR TRADING FLOOR THAT TOGETHER EXCEED TEN PERCENT
OF THE GROSS SQUARE FOOTAGE OF ANY SUCH BUILDING SHALL NOT BE  DISCLOSED
UNTIL  THE  DEPARTMENT  DETERMINES  THAT  THE BENCHMARKING TOOL CAN MAKE
ADEQUATE ADJUSTMENTS FOR SUCH FACILITIES. WHEN THE DEPARTMENT DETERMINES
THAT THE BENCHMARKING TOOL CAN MAKE SUCH ADJUSTMENTS,  IT  SHALL  REPORT
SUCH  DETERMINATION TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY AND THE
TEMPORARY PRESIDENT OF THE SENATE. UNTIL SUCH DETERMINATION IS MADE, THE

S. 6289                             7

DEPARTMENT SHALL REPORT BIENNIALLY TO THE GOVERNOR, THE SPEAKER  OF  THE
ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE THAT THE BENCHMARKING
TOOL IS UNABLE TO MAKE SUCH ADJUSTMENTS.
  7.  REPORT.  NO LATER THAN DECEMBER THIRTY-FIRST OF TWO THOUSAND EIGH-
TEEN AND TWO  THOUSAND  NINETEEN,  RESPECTIVELY,  THE  DEPARTMENT  SHALL
PREPARE, SUBMIT TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, THE TEMPO-
RARY  PRESIDENT OF THE SENATE, AND POST ON THE INTERNET A REPORT REVIEW-
ING AND EVALUATING THE ADMINISTRATION AND ENFORCEMENT OF THIS TITLE  AND
ANALYZING  DATA  OBTAINED  FROM THE BENCHMARKING TOOL. SUCH REPORT SHALL
CONTAIN INFORMATION REGARDING:
  A. THE ENERGY AND  WATER  EFFICIENCY  OF  BUILDINGS  COVERED  BY  THIS
SECTION,
  B.  THE  ACCURACY  OF  BENCHMARKED DATA AND WHETHER THERE IS A NEED TO
TRAIN AND/OR CERTIFY INDIVIDUALS WHO BENCHMARK,
  C. COMPLIANCE WITH THE REQUIREMENTS OF THIS TITLE,
  D. ANY ADMINISTRATIVE AND LEGISLATIVE RECOMMENDATIONS FOR  STRENGTHEN-
ING THE ADMINISTRATION AND ENFORCEMENT OF THIS TITLE,
  E.  THE EFFECTIVENESS OF THE BENCHMARKING TOOL IN ACCOUNTING FOR STATE
OF NEW YORK CONDITIONS, INCLUDING, BUT  NOT  LIMITED  TO,  HIGH  DENSITY
OCCUPANCIES, USE OF STEAM, LARGE BUILDING SIZE, AND SPECIFIC HIGH-ENERGY
USES SUCH AS DATA CENTERS, TELEVISION STUDIOS, AND TRADING FLOORS, AND
  F.  SUCH OTHER INFORMATION AND ANALYSES AS THE DEPARTMENT DEEMS APPRO-
PRIATE.
  8. RULES.  THE DEPARTMENT AND THE DEPARTMENT OF TAXATION  AND  FINANCE
MAY  PROMULGATE  SUCH  RULES  AS  DEEMED  NECESSARY  TO  CARRY  OUT  THE
PROVISIONS OF THIS TITLE.
  S 4. This act shall take effect immediately.