LBD01667-02-8
S. 8352 2
4. "FUEL CELL" MEANS A DEVICE THAT PRODUCES ELECTRICITY DIRECTLY FROM
HYDROGEN OR HYDROCARBON FUEL THROUGH A NON-COMBUSTIVE ELECTRO-CHEMICAL
PROCESS.
5. "GREENHOUSE GAS" MEANS CARBON DIOXIDE, METHANE, NITROUS OXIDE,
HYDROFLUOROCARBONS, PERFLUOROCARBONS AND SULPHUR HEXAFLUORIDE.
6. "NYSERDA" MEANS THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT
AUTHORITY.
7. "OGS" MEANS THE OFFICE OF GENERAL SERVICES.
8. "RENEWABLE ENERGY" MEANS ENERGY PRODUCED FROM THE FOLLOWING SOURC-
ES: SOLAR THERMAL, PHOTOVOLTAICS, WIND, HYDROELECTRIC, GEO-EXCHANGE AND
TIDAL/WAVE ENERGY.
9. "STATE AUTHORITY" SHALL MEAN THE STATE AUTHORITIES LISTED IN
SECTION TWENTY-NINE HUNDRED NINETY-ONE OF THIS TITLE.
10. "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.
§ 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
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 OF ARTICLE FIVE OF THIS CHAPTER, WHICH BUILDING OR
FACILITY OR VEHICLE OR VEHICLE FLEET IS USED PRIMARILY TO PRODUCE,
GENERATE, TRANSMIT OR STORE ENERGY AND POWER.
§ 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 TWENTY PERCENT
BY THE YEAR TWO THOUSAND TWENTY-TWO, THIRTY PERCENT BY THE YEAR TWO
THOUSAND TWENTY-SEVEN AND FORTY PERCENT BY THE YEAR TWO THOUSAND THIR-
TY-TWO. 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
S. 8352 3
THOUSAND TWENTY-TWO, TWENTY PERCENT BY THE YEAR TWO THOUSAND TWENTY-SEV-
EN AND THIRTY PERCENT BY THE YEAR TWO THOUSAND THIRTY-TWO;
(C) REDUCE POTABLE WATER USE FROM THE ESTABLISHED BASELINE MEASUREMENT
BY TEN PERCENT BY THE YEAR TWO THOUSAND TWENTY-TWO, TWENTY PERCENT BY
THE YEAR TWO THOUSAND TWENTY-SEVEN AND THIRTY PERCENT BY THE YEAR TWO
THOUSAND THIRTY-TWO; AND
(D) OBTAIN BY GENERATION OR PROCUREMENT FIFTEEN PERCENT OF ANNUAL
ELECTRICITY CONSUMPTION FROM RENEWABLE SOURCES BY THE YEAR TWO THOUSAND
TWENTY-TWO, TWENTY-FIVE PERCENT BY THE YEAR TWO THOUSAND TWENTY-SEVEN
AND FIFTY PERCENT BY THE YEAR TWO THOUSAND THIRTY-TWO.
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 FOURTEEN AND
ENDING DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN FOR SUCH BUILDING OR
FACILITY OR VEHICLE OR VEHICLE FLEET. THE BASELINE MEASUREMENT SHALL BE
THE AVERAGE OF THE TWO YEAR PERIOD.
3. THE COUNCIL IS AUTHORIZED, UPON THE APPLICATION OF A STATE AUTHORI-
TY, TO REDUCE OR DECREASE ONE OR MORE EFFICIENCY TARGETS REQUIRED UNDER
THIS SECTION IF THE STATE AUTHORITY CAN DEMONSTRATE TO THE SATISFACTION
OF THE COUNCIL THAT IT HAS ACHIEVED SUBSTANTIALLY THE OVERALL TARGET OR
GOAL PRIOR TO THE FINAL TARGET YEAR. FOR THE PURPOSES OF THIS SUBDIVI-
SION, SUBSTANTIAL ACHIEVEMENT SHALL MEAN MEETING NINETY PERCENT OR MORE
OF THE TARGET OR GOAL.
§ 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;
(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
S. 8352 4
AUTHORITY TO INCREASE THE USE OF RENEWABLE ENERGY SOURCES AND OTHER
ALTERNATIVE SOURCES.
(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
TWENTY 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.
§ 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 COUNCIL
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 COUNCIL, 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.
(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 COUNCIL 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 AUTHORI-
TY. IF THE PLAN AS SUBMITTED DOES NOT CONTAIN THE ELEMENTS SET FORTH IN
PARAGRAPH (B) OF THIS SUBDIVISION, THE COUNCIL SHALL STATE THE REASONS
FOR ITS DETERMINATION AND REQUIRE THE STATE AUTHORITY TO RE-SUBMIT AN
AMENDED PLAN FOR APPROVAL.
§ 2995. 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
S. 8352 5
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;
(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.
§ 2996. 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 INTERAGENCY COMMITTEE. SUCH COMMITTEE
SHALL REVIEW ANNUALLY NEWLY DEVELOPED OR MANUFACTURED PRODUCTS, COMMOD-
ITIES, EQUIPMENT, SERVICES AND TECHNOLOGIES, AND SHALL ISSUE UPDATED
PROCUREMENT LISTS AND SPECIFICATIONS, IF NECESSARY.
(B) IN ADDITION, ALL STATE AUTHORITIES SHALL PROCURE COMMODITIES,
EQUIPMENT, SERVICES AND TECHNOLOGIES THAT MEET OR EXCEED THE FOLLOWING
MINIMUM SPECIFICATIONS:
(1) RECYCLED CONTENT. TO THE MAXIMUM EXTENT POSSIBLE, STATE AUTHORI-
TIES SHALL SEEK TO REDUCE THE USE OF COPY PAPER AND OTHER PAPER
PRODUCTS. ANY PURCHASE OF 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 MINIMUM
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
S. 8352 6
FOR WHICH ENERGY STAR LABELS ARE NOT YET AVAILABLE, THE STATE AUTHORITY
SHALL FOLLOW THE GUIDELINES ADOPTED BY THE DEPARTMENT OF STATE PURSUANT
TO ARTICLE SIXTEEN OF THE ENERGY LAW THAT DESIGNATE TARGET ENERGY EFFI-
CIENCY 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 SPECIFI-
CATIONS 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, PROVIDED FURTHER THAT THE LENGTH OF ANY SUCH
CONTRACT SHALL BE LIMITED TO A PERIOD OF TWO YEARS. PRIOR TO THE TERMI-
NATION OF THE CONTRACT, THE STATE AUTHORITY SHALL ISSUE A NEW REQUEST
FOR BIDS OR PROPOSALS WITH THE SPECIFICATIONS DEVELOPED PURSUANT TO
PARAGRAPH (A) OF THIS SUBDIVISION.
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-
S. 8352 7
CIENT IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION. SUCH PROGRAM
SHALL PROVIDE FOR NEW EMPLOYEE TRAINING AND ONGOING TRAINING.
§ 2997. 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;
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-EIGHT OF THIS TITLE.
§ 2998. REPORTS. 1. PROGRESS REPORTS. (A) 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.
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;
S. 8352 8
(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.
§ 2999. 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, NYSERDA OR OGS, WHICHEVER IS APPROPRI-
ATE, 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;
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.
§ 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.
§ 3. This act shall take effect immediately.
