S T A T E O F N E W Y O R K
________________________________________________________________________
838
2021-2022 Regular Sessions
I N S E N A T E
(PREFILED)
January 6, 2021
___________
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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03584-01-1
S. 838 2
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.
2. ENERGY REDUCTION TARGET. BY APRIL FIRST, TWO THOUSAND TWENTY-SIX,
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 SIXTEEN--TWO THOUSAND SEVENTEEN ("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 TWENTY-ONE, 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
S. 838 3
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.
(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-TWO, TO ENABLE INDIVIDUAL
BUILDING 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:
S. 838 4
TITLE 13
BENCHMARKING
SECTION 19-1301. BENCHMARKING.
§ 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-THREE, 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.
S. 838 5
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
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
S. 838 6
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
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-FOUR,
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-FIVE, 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-TWO CALENDAR YEAR FOR COVERED BUILDINGS, AND
FOR THE TWO THOUSAND TWENTY-THREE 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 GENER-
ATED 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 BENCH-
S. 838 7
MARKING TOOL CAN MAKE ADEQUATE ADJUSTMENTS FOR SUCH FACILITIES. WHEN THE
DEPARTMENT DETERMINES THAT THE BENCHMARKING TOOL CAN MAKE SUCH ADJUST-
MENTS, 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 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-FOUR AND TWO THOUSAND TWENTY-FIVE, 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.
