S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8221
 
                             I N  S E N A T E
 
                             February 2, 2022
                                ___________
 
 Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Procurement and Contracts
 
 AN ACT to amend the executive law and the  public  authorities  law,  in
   relation to the utilization of renewable energy at state-owned facili-
   ties in Albany
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  This act shall be known and may be cited as the "Renewable
 Capitol Act".
   § 2. The executive law is amended by adding a new section 204 to  read
 as follows:
   §  204. RENEWABLE CAPITOL PROJECT. 1. FOR THE PURPOSE OF THIS SECTION,
 THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) THE "ADVISORY COMMITTEE"  SHALL  MEAN  THE  COMMITTEE  ESTABLISHED
 PURSUANT TO PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION.
   (B)  THE  "CLCPA" SHALL MEAN THE NEW YORK STATE CLIMATE LEADERSHIP AND
 COMMUNITY PROTECTION ACT ENACTED AS CHAPTER ONE HUNDRED SIX OF THE  LAWS
 OF TWO THOUSAND NINETEEN, AS IT SHALL FROM TIME TO TIME BE AMENDED.
   (C) "CO-POLLUTANTS" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDI-
 VISION THREE OF SECTION 75-0101 OF THE ENVIRONMENTAL CONSERVATION LAW.
   (D)  "EMERGENCY  GENERATOR"  SHALL  MEAN  THE SET OF DIESEL GENERATORS
 LOCATED ON SHERIDAN AVENUE IN ALBANY, NEW YORK AS OF THE EFFECTIVE  DATE
 OF  THIS  SECTION,  THAT  ARE  INTENDED  TO POWER THE EMPIRE STATE PLAZA
 COMPLEX DURING AN EMERGENCY FAULT CONDITION CAUSING AN  INTERRUPTION  TO
 NORMAL ELECTRICITY SERVICE FROM THE GRID.
   (E)  "EMPIRE  STATE  PLAZA  COMPLEX"  OR  THE "COMPLEX" SHALL MEAN THE
 COMPLEX OF STATE-OWNED BUILDINGS AND THE LAND  THEREON  IN  ALBANY,  NEW
 YORK  THAT UTILIZE THE STEAM DISTRIBUTION NETWORK OF THE SHERIDAN AVENUE
 STEAM PLANT, INCLUDING WHAT ARE POPULARLY KNOWN AS EMPIRE  STATE  PLAZA,
 THE STATE CAPITOL BUILDING, THE STATE MUSEUM, THE ALFRED E. SMITH BUILD-
 ING,  THE STATE EDUCATION BUILDING, THE SHERIDAN AVENUE STEAM PLANT, AND
 THE FORMER ALBANY NEW YORK SOLID WASTE ENERGY RECOVERY SYSTEM  INCINERA-
 TOR BUILDING.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14244-02-2
              

 S. 8221                             2
 
   (F)  "GREENHOUSE  GAS"  SHALL  HAVE  THE  SAME MEANING AS SET FORTH IN
 SUBDIVISION SEVEN OF SECTION 75-0101 OF THE  ENVIRONMENTAL  CONSERVATION
 LAW.
   (G)  THE  "LOCAL COMMUNITY" SHALL MEAN THE PORTION OF ALBANY, NEW YORK
 DESIGNATED AS THE LOCAL COMMUNITY UNDER THE PLAN, WHICH  SHALL  INCLUDE,
 AT  A  MINIMUM,  THE  ALBANY SHERIDAN HOLLOW, ARBOR HILL, CENTER SQUARE,
 MANSION AND SOUTH END NEIGHBORHOODS.
   (H) "NYSERDA" SHALL MEAN THE NEW YORK STATE ENERGY RESEARCH AND DEVEL-
 OPMENT AUTHORITY CREATED UNDER SECTION EIGHTEEN HUNDRED FIFTY-TWO OF THE
 PUBLIC AUTHORITIES LAW.
   (I) THE "OFFICE OF GENERAL SERVICES" OR THE "OFFICE"  SHALL  MEAN  THE
 AGENCY CREATED UNDER SECTION TWO HUNDRED OF THIS ARTICLE.
   (J)  THE  "PLAN" SHALL MEAN THE PLAN SET FORTH IN SUBDIVISION THREE OF
 THIS SECTION.
   (K) THE "PROJECT" SHALL MEAN  THE  WORK  ON  THE  EMPIRE  STATE  PLAZA
 COMPLEX MANDATED BY THIS SECTION.
   (L)  A  "POWER PURCHASE AGREEMENT" SHALL MEAN AN AGREEMENT BETWEEN TWO
 PARTIES, THE SELLER AND THE BUYER, TO ENTER  INTO  A  CONTRACTUAL  OBLI-
 GATION FOR THE PURCHASE OF ELECTRICITY.
   (M)  "RENEWABLE  ENERGY  SYSTEMS" MEANS SYSTEMS THAT ENTIRELY GENERATE
 ELECTRICITY OR THERMAL ENERGY THROUGH USE OF THE FOLLOWING TECHNOLOGIES:
 SOLAR THERMAL, PHOTOVOLTAICS, ON LAND AND OFFSHORE WIND,  HYDROELECTRIC,
 GEOTHERMAL  ELECTRIC,  GEOTHERMAL GROUND SOURCE HEAT, TIDAL ENERGY, WAVE
 ENERGY, OCEAN THERMAL, AND FUEL CELLS WHICH DO NOT UTILIZE A FOSSIL FUEL
 RESOURCE IN THE PROCESS OF GENERATING ELECTRICITY OR THERMAL ENERGY.
   (N) "SHERIDAN AVENUE STEAM PLANT" SHALL MEAN THE STEAM PLANT  FACILITY
 OWNED  BY NEW YORK STATE LOCATED AS OF THE TIME OF THE EFFECTIVE DATE OF
 THIS SECTION AT 79 SHERIDAN AVENUE IN ALBANY, NEW YORK.
   2. (A) WITHIN THREE YEARS AFTER THE EFFECTIVE DATE  OF  THIS  SECTION,
 THE OFFICE OF GENERAL SERVICES, IN CONSULTATION WITH THE POWER AUTHORITY
 OF  THE  STATE OF NEW YORK, SHALL ENSURE THAT ALL OPERATIONS THAT POWER,
 HEAT OR COOL THE EMPIRE STATE PLAZA COMPLEX SHALL ENTIRELY USE RENEWABLE
 ENERGY SYSTEMS. IN SATISFYING THIS REQUIREMENT, THE  OFFICE  MAY  DEMON-
 STRATE  THAT  THE  AMOUNT  OF  ELECTRICAL ENERGY CREDITED TO THE COMPLEX
 ANNUALLY FROM RENEWABLE SOURCES THROUGH A POWER  PURCHASE  AGREEMENT  OR
 SIMILAR  INSTRUMENT  IS  NOT  LESS  THAN THE AMOUNT OF ELECTRICAL ENERGY
 CONSUMED ANNUALLY BY THE  COMPLEX.  NOTWITHSTANDING  THIS  MANDATE,  THE
 EMERGENCY  GENERATOR SHALL BE PERMITTED TO UTILIZE NON-RENEWABLE ENERGY,
 BUT THE OFFICE SHALL BE EMPOWERED TO RETIRE  OR  CONVERT  THE  EMERGENCY
 GENERATOR TO WHOLLY OR ENTIRELY UTILIZE RENEWABLES IF POSSIBLE. FURTHER,
 THE  OFFICE SHALL STRONGLY CONSIDER ANY RECOMMENDATIONS MADE PURSUANT TO
 PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION.
   (B) THE PROJECT AND THE EMPIRE STATE PLAZA COMPLEX SHALL  COMPLY  WITH
 THE  CLCPA,  AND  ANY  RULES  AND REGULATIONS ISSUED THEREUNDER, AND, IN
 PARTICULAR, SECTION SEVEN OF SUCH  LAW;  THE  STATEWIDE  GREENHOUSE  GAS
 EMISSIONS  LIMITS  SET  FORTH  IN  SECTION  75-0107 OF THE ENVIRONMENTAL
 CONSERVATION LAW; AND THE TARGETS  ESTABLISHED  IN  SUBDIVISION  TWO  OF
 SECTION SIXTY-SIX-P OF THE PUBLIC SERVICE LAW. NOTHING IN THIS PARAGRAPH
 SHALL  PRECLUDE THE OFFICE FROM MANDATING LOWER GREENHOUSE GAS EMISSIONS
 LIMITS OR COMPLIANCE WITH GREENHOUSE GAS EMISSIONS LIMITS IN  A  SHORTER
 TIMEFRAME THAN SET FORTH IN SECTION 75-0107 OF THE ENVIRONMENTAL CONSER-
 VATION  LAW,  OR  IN MANDATING A HIGHER PERCENTAGE OF RENEWABLES OR IN A
 SHORTER TIMEFRAME THAN IN SUBDIVISION TWO OF SECTION SIXTY-SIX-P OF  THE
 PUBLIC  SERVICE  LAW. EXCEPT IN REGARD TO THE PROVISION REGARDING TO THE
 EMERGENCY GENERATOR AS SET FORTH IN PARAGRAPH (A) OF  THIS  SUBDIVISION,
 ANY  ACTION  TAKEN  IN  FURTHERANCE  OF  THE  PROJECT  THAT LEADS TO ANY
 S. 8221                             3
 
 INCREASE IN THE EMISSIONS OF GREENHOUSE GASES SHALL BE DEEMED INCONSIST-
 ENT WITH AND IN INTERFERENCE WITH THE ATTAINMENT OF THE STATEWIDE GREEN-
 HOUSE GAS EMISSIONS LIMITS ESTABLISHED IN ARTICLE  SEVENTY-FIVE  OF  THE
 ENVIRONMENTAL  CONSERVATION  LAW AND THEREFORE SHALL TRIGGER THE PROCESS
 SET FORTH IN SUBDIVISION TWO OF SECTION SEVEN OF THE CLCPA.
   (C) ANY CONTRACTOR RECEIVING PAYMENTS FOR WORK CONDUCTED  PURSUANT  TO
 THIS SECTION SHALL PAY EMPLOYEES AND OTHER WORKERS UNDER SUCH CONTRACT A
 WAGE  NOT  LESS  THAN THE PREVAILING RATES OF WAGES FOR SUCH WORK IN THE
 LOCALITY WHERE THE WORK IS PERFORMED, IN  CONFORMITY  WITH    PREVAILING
 WAGE LAWS.
   3.  (A)  WITHIN  ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE DATE OF THIS
 SECTION, THE OFFICE SHALL ISSUE A PLAN IN CONFORMITY WITH THIS  SUBDIVI-
 SION AND SUBDIVISION TWO OF THIS SECTION.
   (B)  WITHIN  SIXTY  DAYS  OF  THE  EFFECTIVE DATE OF THIS SECTION, THE
 OFFICE SHALL ESTABLISH AN ADVISORY COMMITTEE TO ADVISE IT ON THE  PREPA-
 RATION,  DESIGN  AND CONTENT OF THE PLAN.  THE ADVISORY COMMITTEE, WHOSE
 MEMBERS SHALL BE APPOINTED BY THE  COMMISSIONER  OF  THE  DEPARTMENT  OF
 ENVIRONMENTAL  CONSERVATION IN CONSULTATION WITH THE PRESIDENT AND CHIEF
 EXECUTIVE OFFICER OF NYSERDA, SHALL CONTAIN, BUT NOT BE LIMITED  TO:  AT
 LEAST  THREE REPRESENTATIVES OF ALBANY COMMUNITY ORGANIZATIONS, AT LEAST
 TWO OF WHICH ARE FROM ORGANIZATIONS WHOSE MISSION, IN WHOLE OR IN  PART,
 IS  TO  REPRESENT THE INTERESTS OF THE ARBOR HILL AND/OR SHERIDAN HOLLOW
 NEIGHBORHOODS IN ALBANY; TWO ADDITIONAL REPRESENTATIVES OF  LOCAL  ENVI-
 RONMENTAL JUSTICE ORGANIZATIONS; ONE INDIVIDUAL NOT EMPLOYED BY NEW YORK
 STATE WITH RECOGNIZED EXPERTISE IN RENEWABLE ENERGY; A REPRESENTATIVE OF
 LABOR ORGANIZATIONS; AT LEAST ONE SCIENTIST WITH EXPERTISE IN ENERGY AND
 CLIMATE POLICY AND THE MAYOR OF ALBANY OR HIS OR HER DESIGNEE. THE ADVI-
 SORY  COMMITTEE  SHALL MEET AT LEAST THREE TIMES ANNUALLY, OR ADDITIONAL
 TIMES AS THE COMMITTEE SHALL BY MAJORITY VOTE DETERMINE.  AT SUCH  MEET-
 INGS, WHICH SHALL BE OPEN TO THE PUBLIC, THE OFFICE, AMONG OTHER THINGS,
 SHALL  REPORT  ON THE PROGRESS MADE IN COMPLETING THE PROJECT AND OTHER-
 WISE IMPLEMENTING THIS SECTION. THE  ADVISORY  COMMITTEE  MEMBERS  SHALL
 RECEIVE  NO  COMPENSATION FOR THEIR SERVICES BUT SHALL BE REIMBURSED FOR
 THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR
 DUTIES. ALL AGENCIES OF THE STATE OR SUBDIVISIONS THEREOF  MAY,  AT  THE
 REQUEST  OF THE ADVISORY PANEL OR THE OFFICE, PROVIDE THE ADVISORY PANEL
 WITH SUCH FACILITIES, ASSISTANCE AND DATA AS WILL  ENABLE  THE  ADVISORY
 PANEL TO CARRY OUT ITS POWERS AND DUTIES.
   (C)  EACH  MEMBER  OF  THE ADVISORY COMMITTEE SHALL BE ENTITLED TO ONE
 VOTE.  NO ACTION MAY BE TAKEN BY THE ADVISORY COMMITTEE UNLESS THERE  IS
 A  QUORUM,  WHICH SHALL AT ALL TIMES BE A MAJORITY OF THE MEMBERS OF THE
 COMMITTEE.
   (D) THE OFFICE SHALL ISSUE A DRAFT PLAN WITHIN ONE HUNDRED TWENTY DAYS
 AFTER THE EFFECTIVE DATE OF THIS SECTION. THE OFFICE SHALL BE  TRANSPAR-
 ENT  IN  ITS WORK TO DEVELOP THE PLAN AND SHALL MAINTAIN A WEBSITE WHERE
 THE DRAFT PLAN AND OTHER DOCUMENTS RELEVANT TO ITS DEVELOPMENT SHALL  BE
 POSTED FOR PUBLIC REVIEW. THE ADVISORY COMMITTEE SHALL HOLD AT LEAST TWO
 PUBLIC  HEARINGS  WITHIN THIRTY DAYS AFTER THE RELEASE OF THE DRAFT PLAN
 AND PRIOR TO THE RELEASE OF THE FINAL PLAN, OF WHICH ONE SHALL  BE  HELD
 IN  ARBOR  HILL  OR  SHERIDAN HOLLOW NEIGHBORHOODS AND ONE SHALL BE HELD
 DURING THE EVENING OR WEEKEND HOURS. AN ADDITIONAL PUBLIC HEARING  SHALL
 ALSO  BE  HELD  WITHIN  THIRTY  DAYS  AFTER THE CREATION OF THE ADVISORY
 COMMITTEE TO RECEIVE PUBLIC INPUT INTO  THE  DEVELOPMENT  OF  THE  DRAFT
 PLAN.
   (E)  THE PLAN SHALL CONTAIN RECOMMENDATIONS ON REGULATORY MEASURES AND
 OTHER STATE ACTIONS TO ENSURE THAT THE MANDATES IN  SUBDIVISION  TWO  OF
 S. 8221                             4
 
 THIS  SECTION  ARE  MET.  THE MEASURES AND ACTIONS SET FORTH IN THE PLAN
 SHALL INCLUDE:
   I.  A TIMELINE FOR PLANNED STEPS TOWARD THE COMPLETION OF THE PROJECT,
 INCLUDING, BUT NOT LIMITED TO CONSTRUCTION OF THE PROJECT AND  OBTAINING
 THE  NECESSARY PERMITS TO BEGIN OPERATION.  THE TIMELINE SHOULD MAXIMIZE
 THE POTENTIAL FOR ACHIEVING, AND IF FEASIBLE  MAKING  GREATER  EMISSIONS
 REDUCTIONS  THAN THE STATEWIDE GREENHOUSE GAS EMISSIONS LIMITS SET FORTH
 IN SECTION 75-0107 OF THE ENVIRONMENTAL CONSERVATION LAW AND MEETING THE
 OTHER MANDATES OF THE CLCPA;
   II. MEASURES TO MAXIMIZE THE BENEFITS TO THE LOCAL COMMUNITY,  INCLUD-
 ING PRIORITIZING THE REDUCTION OF GREENHOUSE GASES AND CO-POLLUTANTS AND
 IMPROVING PUBLIC HEALTH IN THE LOCAL COMMUNITY;
   III.  MEASURES  TO  OPTIMIZE  THERMAL LOAD SHARING, ENERGY EFFICIENCY,
 DEMAND RESPONSE, AND ENERGY CONSERVATION;
   IV. COMPREHENSIVE CONSIDERATION OF RENEWABLE HEAT EXCHANGE SYSTEMS  OR
 A  COMBINATION  OF SUCH SYSTEMS TO MEET THE HEATING AND COOLING NEEDS OF
 THE EMPIRE STATE PLAZA COMPLEX, INCLUDING BUT NOT LIMITED TO: GEOTHERMAL
 HEAT EXCHANGE WITH THE EARTH, GEOTHERMAL HEAT EXCHANGE WITH  THE  HUDSON
 RIVER,  OPEN-LOOP  AND  CLOSED-LOOP HEAT EXCHANGE WITH THE AQUIFER, HEAT
 EXCHANGE WITH POTABLE WATER  SUPPLIES,  HEAT  RECOVERY  FROM  WASTEWATER
 SOURCES, AIR-SOURCE HEAT PUMP TECHNOLOGY, AND THERMAL STORAGE;
   V.  PRIORITIZATION  OF  ELECTRICITY PROCUREMENT FROM RENEWABLE SOURCES
 WITHIN NEW YORK INDEPENDENT SYSTEM OPERATOR (NYISO) ZONE  F,  ESPECIALLY
 SOURCES  MOST  CAPABLE  OF  PROVIDING ELECTRICITY SERVING REAL-TIME LOAD
 CONDITIONS OF THE EMPIRE STATE PLAZA COMPLEX. THIS  SHALL  INCLUDE,  BUT
 NOT  BE  LIMITED  TO,  CONSIDERATION OF PROJECTS THAT EXPAND ELECTRICITY
 GENERATION FROM ECOLOGICALLY-RESPONSIBLE, RUN-OF-THE-RIVER HYDROELECTRIC
 FACILITIES WITHIN THE REGION; AND
   VI. PRIORITIZATION OF PROJECT IMPLEMENTATION EFFORTS TO  MAXIMIZE  THE
 CREATION OF QUALITY JOBS IN NEW YORK STATE AND THE LOCAL COMMUNITY.
   (F)  THE  PLAN  SHALL  ALSO DESIGNATE THE GEOGRAPHIC BOUNDARIES OF THE
 LOCAL COMMUNITY. IN DESIGNATING SUCH BOUNDARIES, WHICH SHALL INCLUDE THE
 ALBANY SHERIDAN HOLLOW, ARBOR HILL, CENTER SQUARE, MANSION AND SOUTH END
 NEIGHBORHOODS, THE OFFICE SHALL CONSIDER INCLUDING  IN  ITS  DESIGNATION
 ANY OTHER COMMUNITIES THAT EXPERIENCE IMPACTS ON THEIR WATER, AIR QUALI-
 TY, NOISE AND TRAFFIC FROM THE EMPIRE STATE PLAZA COMPLEX.
   §  3.   The tenth undesignated paragraph of section 1005 of the public
 authorities law, as added by chapter 55 of the laws of 1992, is  amended
 to read as follows:
   The  authority is further authorized, as deemed feasible and advisable
 by the trustees, to acquire,  maintain,  manage,  operate,  improve  and
 reconstruct as a project or projects of the authority one or both of the
 steam  generation  facilities  owned  by the state known as the Sheridan
 [avenue] AVENUE steam [generating] plant [on Sheridan avenue in the city
 of Albany and used to supply steam to state facilities],  together  with
 any  properties,  buildings and equipment at the sites thereof or ancil-
 lary thereto, for the generation and sale  of  thermal  energy  and  the
 cogeneration  and sale of electricity for use by facilities of the state
 within the county of Albany. All the authority's  costs,  including  its
 acquisition,  capital,  operating and maintenance costs, shall be recov-
 ered fully from the customers receiving service  from  such  project  or
 projects.  Thermal  energy and electricity not required by the state may
 be sold by the authority to others. The authority is not  authorized  to
 use  refuse or refuse-derived fuel in operating the project or projects.
 AS OF THE TIME PERIOD SPECIFIED IN PARAGRAPH (A) OF SUBDIVISION  TWO  OF
 SECTION  TWO  HUNDRED  FOUR  OF  THE  EXECUTIVE  LAW, ALL OF THE ENERGY,
 S. 8221                             5
 
 INCLUDING BUT NOT LIMITED TO HEAT, COOLING AND ELECTRICITY, PRODUCED  AT
 THE  SHERIDAN AVENUE STEAM PLANT SHALL UTILIZE RENEWABLE ENERGY SYSTEMS.
 Any agreement for such acquisition shall insure that  the  authority  is
 not  liable  or otherwise responsible for circumstances arising from the
 prior operation of such facilities. The acquisition and purchase of such
 land, buildings and equipment by the authority, and any actions taken to
 effect such  acquisition  and  purchase,  are  hereby  exempt  from  the
 provisions  of  article eight of the environmental conservation law. The
 application of such exemption shall be strictly limited to the  acquisi-
 tion and purchase of such land, buildings and equipment by the authority
 and  such  agreements  with  the  state. Nothing herein shall exempt the
 authority from  otherwise  applicable  laws  respecting  the  expansion,
 conversion, operation and maintenance of such land, buildings and equip-
 ment.  FOR THE PURPOSES OF THIS SUBDIVISION, THE TERMS "RENEWABLE ENERGY
 SYSTEMS" AND "SHERIDAN AVENUE STEAM PLANT" SHALL HAVE THE SAME  MEANINGS
 AS IN SUBDIVISION ONE OF SECTION TWO HUNDRED FOUR OF THE EXECUTIVE LAW.
   § 4. This act shall take effect immediately.