S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1075
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2019
                                ___________
 
 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.
   §  2.  The  public  authorities law is amended by adding a new section
 1018 to read as follows:
   § 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06711-01-9

 S. 1075                             2
 
   C. "SOURCE ENERGY" MEANS ALL THE ENERGY USED IN DELIVERING ENERGY TO A
 SITE, INCLUDING POWER GENERATION, TRANSMISSION AND DISTRIBUTION LOSSES.
   2.  ENERGY REDUCTION TARGET. BY APRIL FIRST, TWO THOUSAND TWENTY-FOUR,
 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 FOURTEEN--TWO THOUSAND FIFTEEN ("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  NINETEEN,  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

 S. 1075                             3
 
 EFFECTIVE ON-SITE RENEWABLE GENERATION AND HIGH-EFFICIENCY COMBINED HEAT
 AND POWER.
   (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 ONE HUNDRED THOUSAND 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  THIRTY-FIRST, TWO THOUSAND TWENTY, TO ENABLE INDIVIDUAL BUILD-
 ING BENCHMARKING 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.
   §  3.  Article  19 of the environmental conservation law is amended by
 adding a new title 13 to read as follows:
                                 TITLE 13
                               BENCHMARKING
 SECTION 19-1301. BENCHMARKING.

 S. 1075                             4
 
 § 19-1301. BENCHMARKING.
   THE  ENERGY AND WATER USE OF COVERED BUILDINGS SHALL BE BENCHMARKED IN
 ACCORDANCE WITH THIS SECTION.
   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 TWENTY-ONE, 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-

 S. 1075                             5
 
 ITY COMPANY, THE OWNER OF SUCH BUILDING SHALL REQUEST FROM  SUCH  TENANT
 INFORMATION  RELATING TO SUCH TENANT'S SEPARATELY METERED ENERGY USE FOR
 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 THIS SUBDIVISION.  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

 S. 1075                             6
 
 SHALL NOT BE OBLIGATED TO REQUEST AND REPORT SUCH  INFORMATION  PURSUANT
 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 TWENTY-TWO,
 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
 TWENTY-THREE,  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 TWENTY CALENDAR YEAR FOR COVERED BUILDINGS, AND FOR
 THE  TWO  THOUSAND  TWENTY-ONE 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

 S. 1075                             7
 
 TEMPORARY PRESIDENT OF THE SENATE. UNTIL SUCH DETERMINATION IS MADE, THE
 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 TWEN-
 TY-TWO AND TWO THOUSAND TWENTY-THREE, 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.
   § 4. This act shall take effect immediately.