S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5633
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 20, 2023
                                ___________
 
 Introduced  by  M. of A. FAHY -- read once and referred to the Committee
   on Governmental Operations
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07366-02-3
              

 A. 5633                             2
 
 THE FORMER ALBANY NEW YORK SOLID WASTE ENERGY RECOVERY SYSTEM  INCINERA-
 TOR BUILDING.
   (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, WASHINGTON PARK, WEST HILL 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.
   (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
 A. 5633                             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  YEAR  OF THE EFFECTIVE DATE OF THIS SECTION, THE
 OFFICE SHALL ISSUE A PLAN IN CONFORMITY WITH THIS SUBDIVISION AND SUBDI-
 VISION 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  SHALL
 CONSIST OF THE COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVA-
 TION AND THE CHIEF EXECUTIVE OFFICER OF NYSERDA, OR THEIR DESIGNEES, AND
 ADDITIONAL  MEMBERS  WHICH  SHALL  BE  APPOINTED BY SUCH COMMISSIONER IN
 CONSULTATION WITH SUCH CHIEF EXECUTIVE OFFICER, AS FOLLOWS: THREE REPRE-
 SENTATIVES 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 ENVIRONMENTAL JUSTICE
 ORGANIZATIONS; ONE INDIVIDUAL NOT EMPLOYED BY NEW YORK STATE WITH RECOG-
 NIZED EXPERTISE IN RENEWABLE ENERGY; A REPRESENTATIVE OF LABOR ORGANIZA-
 TIONS; A SCIENTIST WITH EXPERTISE IN ENERGY AND CLIMATE POLICY; AN ENGI-
 NEER WITH EXPERTISE IN ENERGY (INCLUDING GEOTHERMAL) AND CLIMATE POLICY;
 AND THE MAYOR OF ALBANY OR HIS OR HER DESIGNEE. THE  ADVISORY  COMMITTEE
 SHALL  MEET  AT  LEAST  THREE TIMES ANNUALLY, OR ADDITIONAL TIMES AS THE
 COMMITTEE SHALL BY MAJORITY VOTE DETERMINE.   AT  SUCH  MEETINGS,  WHICH
 SHALL  BE  OPEN  TO  THE  PUBLIC,  THE OFFICE, AMONG OTHER THINGS, SHALL
 REPORT ON THE PROGRESS MADE IN  COMPLETING  THE  PROJECT  AND  OTHERWISE
 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 RETAIN A THIRD PARTY TO  PERFORM  AN  ENGINEERING
 STUDY TO BE COMPLETED WITHIN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE
 DATE  OF  THIS  SECTION,  WHICH  SHALL CONSIDER THE MATTERS SET FORTH IN
 PARAGRAPH (F) OF THIS SUBDIVISION AND ANY OTHER MATTERS CONSISTENT  WITH
 THIS  SECTION  THAT  THE  OFFICE  SHALL DIRECT. FOR THE PURPOSES OF THIS
 PARAGRAPH, THE TERM "THIRD PARTY" SHALL MEAN  A  PROFESSIONAL  ENGINEER,
 NOT  EMPLOYED BY THE STATE OF NEW YORK, OR AN ENGINEERING FIRM, PROVIDED
 THAT NONE OF THE ENGINEERS EMPLOYED BY SUCH FIRM SHALL ALSO BE  EMPLOYED
 BY THE STATE OF NEW YORK.
   (E)  THE  OFFICE  SHALL BE TRANSPARENT 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 ADVI-
 A. 5633                             4
 
 SORY  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.
   (F) THE PLAN SHALL CONTAIN RECOMMENDATIONS ON REGULATORY MEASURES  AND
 OTHER  STATE  ACTIONS  TO ENSURE THAT THE MANDATES IN SUBDIVISION TWO OF
 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 GEOTHERMAL HEAT EXCHANGE WITH THE AQUI-
 FER,  HEAT  EXCHANGE  WITH  POTABLE  WATER  SUPPLIES, HEAT RECOVERY FROM
 WASTEWATER SOURCES, AIR-SOURCE HEAT PUMP TECHNOLOGY, AND  THERMAL  STOR-
 AGE,  PROVIDED  THAT  SUCH SYSTEMS DO NOT USE COMBUSTION-BASED OR FOSSIL
 FUEL ENERGY;
   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.    ELECTRICITY SERVICE UPGRADES FOR THE EMPIRE STATE PLAZA COMPLEX
 NECESSARY TO SUPPORT MEASURES IDENTIFIED IN THIS SECTION.
   (G) IN DESIGNING THE PLAN, THE OFFICE SHALL BE GUIDED BY ANY RECOMMEN-
 DATIONS CONTAINED IN THE ENGINEERING STUDY MANDATED BY PARAGRAPH (D)  OF
 THIS  SUBDIVISION, AND ANY COMMENTS OR RECOMMENDATIONS MADE BY THE ADVI-
 SORY COMMITTEE, INCLUDING AS TO SUCH ENGINEERING  STUDY.  SUCH  ADVISORY
 COMMITTEE  SHALL ALSO BE ENTITLED TO REJECT OR MODIFY ANY RECOMMENDATION
 UPON A FINDING THAT SUCH RECOMMENDATION WOULD BE  INCONSISTENT  WITH  OR
 WILL INTERFERE WITH THE ATTAINMENT OF THE STATEWIDE GREENHOUSE GAS EMIS-
 SIONS  LIMITS  ESTABLISHED  IN ARTICLE SEVENTY-FIVE OF THE ENVIRONMENTAL
 CONSERVATION LAW, THE CLIMATE JUSTICE PROVISIONS OF THE CLCPA, ANY RULES
 OR REGULATIONS ISSUED THEREUNDER, OR THIS  SECTION.    IF  THE  ADVISORY
 COMMITTEE  REJECTS  OR MODIFIES ANY RECOMMENDATION, THE ORIGINAL VERSION
 OF THE RECOMMENDATIONS AS SET  FORTH  IN  THE  ENGINEERING  STUDY  SHALL
 PRESUMPTIVELY  NOT  BE  CONSIDERED  BY  THE  OFFICE,  UNLESS SUBSTANTIAL
 EVIDENCE EXISTS TO SUPPORT THE STUDY'S INITIAL RECOMMENDATIONS.
 A. 5633                             5
 
   (H) THE PLAN SHALL PRIORITIZE PROJECT IMPLEMENTATION EFFORTS TO  MAXI-
 MIZE THE CREATION OF QUALITY JOBS IN NEW YORK STATE AND THE LOCAL COMMU-
 NITY.  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, WASHINGTON
 PARK, WEST HILL, AND SOUTH END NEIGHBORHOODS, THE OFFICE SHALL  CONSIDER
 INCLUDING  IN  ITS  DESIGNATION  ANY  OTHER  COMMUNITIES THAT EXPERIENCE
 IMPACTS ON THEIR WATER, AIR QUALITY, 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,
 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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5633--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 20, 2023
                                ___________
 
 Introduced  by  M.  of  A.  FAHY, STECK, McDONALD, KELLES, L. ROSENTHAL,
   COLTON, ZINERMAN, GONZALEZ-ROJAS, LEVENBERG, DE LOS SANTOS,  STERN  --
   read  once and referred to the Committee on Governmental Operations --
   recommitted to the Committee on Governmental Operations in  accordance
   with  Assembly  Rule  3, sec. 2 -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the executive law, the public authorities  law  and  the
   public  buildings  law,  in  relation  to the utilization of renewable
   energy at state-owned facilities 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 (A) 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07366-04-3
              

 A. 5633--A                          2
 
 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.
   (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, WASHINGTON PARK, WEST HILL 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 "EMPIRE STATE PLAZA DECARBONIZATION PLAN" OR "PLAN" SHALL MEAN
 THE PLAN SET FORTH IN SUBDIVISION THREE OF THIS SECTION, AND MANDATED BY
 THIS SECTION AND SECTION NINETY-ONE OF THE PUBLIC BUILDINGS LAW.
   (K)  THE  "PROJECT"  SHALL  MEAN  THE  WORK  ON THE EMPIRE STATE PLAZA
 COMPLEX MANDATED BY THIS SECTION AND SECTION NINETY-ONE  OF  THE  PUBLIC
 BUILDINGS LAW.
   (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.
   (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
 A. 5633--A                          3

 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
 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.
   3.  (A) 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.  SUCH PLAN SHALL BE COMPLETED NO
 LATER THAN JANUARY THIRTY-FIRST, TWO THOUSAND TWENTY-SIX.  THE  ADVISORY
 COMMITTEE  SHALL  CONSIST OF THE COMMISSIONER OF THE DEPARTMENT OF ENVI-
 RONMENTAL CONSERVATION AND THE CHIEF EXECUTIVE OFFICER  OF  NYSERDA,  OR
 THEIR DESIGNEES, AND ADDITIONAL MEMBERS WHICH SHALL BE APPOINTED BY SUCH
 COMMISSIONER  IN  CONSULTATION  WITH  SUCH  CHIEF  EXECUTIVE OFFICER, AS
 FOLLOWS: 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
 ENVIRONMENTAL JUSTICE ORGANIZATIONS; ONE INDIVIDUAL NOT EMPLOYED BY  NEW
 YORK  STATE  WITH  RECOGNIZED EXPERTISE IN RENEWABLE ENERGY; A REPRESEN-
 TATIVE OF LABOR ORGANIZATIONS; A SCIENTIST WITH EXPERTISE IN ENERGY  AND
 CLIMATE POLICY; AN ENGINEER WITH EXPERTISE IN ENERGY (INCLUDING GEOTHER-
 MAL) AND CLIMATE POLICY; AND THE MAYOR OF ALBANY OR HIS OR HER DESIGNEE.
 THE  ADVISORY  COMMITTEE  SHALL  MEET  AT LEAST THREE TIMES ANNUALLY, OR
 ADDITIONAL TIMES AS THE COMMITTEE SHALL BY MAJORITY VOTE DETERMINE.   AT
 SUCH  MEETINGS,  WHICH  SHALL  BE  OPEN TO THE PUBLIC, THE OFFICE, AMONG
 OTHER THINGS, SHALL REPORT  ON  THE  PROGRESS  MADE  IN  COMPLETING  THE
 PROJECT  AND OTHERWISE 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.
   (B) 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.
   (C)  THE  OFFICE  SHALL RETAIN A THIRD PARTY TO PERFORM AN ENGINEERING
 STUDY TO BE COMPLETED WITHIN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE
 DATE OF THIS SECTION, WHICH SHALL CONSIDER  THE  MATTERS  SET  FORTH  IN
 PARAGRAPH  (F) OF THIS SUBDIVISION AND ANY OTHER MATTERS CONSISTENT WITH
 THIS SECTION THAT THE OFFICE SHALL DIRECT.  FOR  THE  PURPOSES  OF  THIS
 PARAGRAPH,  THE  TERM  "THIRD PARTY" SHALL MEAN A PROFESSIONAL ENGINEER,
 NOT EMPLOYED BY THE STATE OF NEW YORK, OR AN ENGINEERING FIRM,  PROVIDED
 THAT  NONE OF THE ENGINEERS EMPLOYED BY SUCH FIRM SHALL ALSO BE EMPLOYED
 BY THE STATE OF NEW YORK.
   (D) THE OFFICE SHALL BE TRANSPARENT IN ITS WORK TO  DEVELOP  THE  PLAN
 AND  SHALL  MAINTAIN  A  WEBSITE  WHERE A DRAFT PLAN AND OTHER DOCUMENTS
 RELEVANT TO ITS DEVELOPMENT SHALL BE POSTED FOR PUBLIC REVIEW  AT  LEAST
 FOURTEEN DAYS PRIOR TO THE FIRST OF THE PUBLIC HEARINGS MANDATED BY THIS
 A. 5633--A                          4
 
 PARAGRAPH.  THE  ADVISORY COMMITTEE SHALL HOLD AT LEAST TWO PUBLIC HEAR-
 INGS AT LEAST SIXTY DAYS PRIOR TO THE RELEASE  OF  THE  FINAL  PLAN,  OF
 WHICH  ONE  SHALL BE HELD IN THE ARBOR HILL OR SHERIDAN HOLLOW NEIGHBOR-
 HOODS  AND  ONE  SHALL BE HELD DURING THE EVENING OR WEEKEND HOURS.  THE
 ADVISORY COMMITTEE SHALL  MAKE  PROVISIONS  FOR  ONLINE  AND  TELEPHONIC
 ATTENDANCE  AND  PARTICIPATION.  AT SUCH PUBLIC HEARINGS, THE DRAFT PLAN
 SHALL BE MADE AVAILABLE IN WRITTEN FORM FOR THOSE PHYSICALLY  ATTENDING.
 PROVISIONS SHALL ALSO BE MADE FOR WRITTEN COMMENTS ON THE DRAFT PLAN.
   (E)  THE PLAN SHALL CONTAIN RECOMMENDATIONS ON REGULATORY MEASURES AND
 OTHER STATE ACTIONS TO ENSURE THAT THE MANDATES IN SUBDIVISIONS TWO  AND
 THREE OF THIS SECTION AND SECTION NINETY-ONE OF THE PUBLIC BUILDINGS LAW
 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 GEOTHERMAL HEAT EXCHANGE WITH THE AQUI-
 FER,  HEAT  EXCHANGE  WITH  POTABLE  WATER  SUPPLIES, HEAT RECOVERY FROM
 WASTEWATER SOURCES, AIR-SOURCE HEAT PUMP TECHNOLOGY, AND  THERMAL  STOR-
 AGE,  PROVIDED  THAT  SUCH SYSTEMS DO NOT USE COMBUSTION-BASED OR FOSSIL
 FUEL ENERGY;
   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.    ELECTRICITY SERVICE UPGRADES FOR THE EMPIRE STATE PLAZA COMPLEX
 NECESSARY TO SUPPORT MEASURES IDENTIFIED IN THIS SECTION.
   (F) IN DESIGNING THE PLAN, THE OFFICE SHALL BE GUIDED BY ANY RECOMMEN-
 DATIONS CONTAINED IN THE ENGINEERING STUDY MANDATED BY PARAGRAPH (C)  OF
 THIS  SUBDIVISION, AND ANY COMMENTS OR RECOMMENDATIONS MADE BY THE ADVI-
 SORY COMMITTEE, INCLUDING AS TO SUCH ENGINEERING  STUDY.  SUCH  ADVISORY
 COMMITTEE  SHALL ALSO BE ENTITLED TO REJECT OR MODIFY ANY RECOMMENDATION
 UPON A FINDING THAT SUCH RECOMMENDATION WOULD BE  INCONSISTENT  WITH  OR
 WILL INTERFERE WITH THE ATTAINMENT OF THE STATEWIDE GREENHOUSE GAS EMIS-
 SIONS  LIMITS  ESTABLISHED  IN ARTICLE SEVENTY-FIVE OF THE ENVIRONMENTAL
 CONSERVATION LAW, THE CLIMATE JUSTICE PROVISIONS OF THE CLCPA, ANY RULES
 OR REGULATIONS ISSUED THEREUNDER, OR THIS  SECTION.    IF  THE  ADVISORY
 COMMITTEE  REJECTS  OR MODIFIES ANY RECOMMENDATION, THE ORIGINAL VERSION
 OF THE RECOMMENDATIONS AS SET  FORTH  IN  THE  ENGINEERING  STUDY  SHALL
 PRESUMPTIVELY  NOT  BE  CONSIDERED  BY  THE  OFFICE,  UNLESS SUBSTANTIAL
 EVIDENCE EXISTS TO SUPPORT THE STUDY'S INITIAL RECOMMENDATIONS.
 A. 5633--A                          5
 
   (G) THE PLAN SHALL PRIORITIZE PROJECT IMPLEMENTATION EFFORTS TO  MAXI-
 MIZE THE CREATION OF QUALITY JOBS IN NEW YORK STATE AND THE LOCAL COMMU-
 NITY.  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, WASHINGTON
 PARK, WEST HILL, AND SOUTH END NEIGHBORHOODS, THE OFFICE SHALL  CONSIDER
 INCLUDING  IN  ITS  DESIGNATION  ANY  OTHER  COMMUNITIES THAT EXPERIENCE
 IMPACTS ON THEIR WATER, AIR QUALITY, NOISE AND TRAFFIC FROM  THE  EMPIRE
 STATE PLAZA COMPLEX.
   (H) IN THE CASE OF ANY CONFLICT AS TO THE REQUIREMENTS OF THIS SECTION
 AND  SECTION  NINETY-ONE  OF  THE  PUBLIC BUILDINGS LAW IN REGARD TO THE
 PROJECT, THIS SECTION SHALL PREVAIL.
   § 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,
 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. Subdivisions 2 and 3 of section 90 of the public  buildings  law,
 as  added by section 5 of part RR of chapter 56 of the laws of 2023, are
 amended to read as follows:
   2. "Decarbonization" and "decarbonize" means eliminating  all  on-site
 combustion  of fossil-fuels and associated co-pollutants with the excep-
 tion of back-up emergency generators and  redundant  systems  needed  to
 address  public health, safety and security, providing heating and cool-
 ing through thermal energy, and thermal energy networks,  from  non-com-
 A. 5633--A                          6
 
 bustion  sources,  and to the greatest extent feasible producing on-site
 electricity that is one hundred percent renewable.  NOTWITHSTANDING  THE
 PROVISIONS  OF  THIS SUBDIVISION, FOR PURPOSES OF THE EMPIRE STATE PLAZA
 COMPLEX,  SUCH  TERM SHALL MEAN MEETING THE REQUIREMENTS OF SUBDIVISIONS
 TWO AND THREE OF SECTION TWO HUNDRED FOUR  OF  THE  EXECUTIVE  LAW,  AND
 SECTION  NINETY-ONE OF THIS ARTICLE, AS SUCH REQUIREMENTS ARE APPLICABLE
 TO THE EMPIRE STATE PLAZA COMPLEX.
   3. "Highest-emitting facilities" means state-owned facilities that are
 among the highest producers of greenhouse gas emissions and collectively
 account for at least thirty percent of the greenhouse gas  emissions  as
 recorded  by the authority's Build Smart NY program established pursuant
 to Executive Order 88 of 2012.  NOTWITHSTANDING THE PROVISIONS  OF  THIS
 SUBDIVISION,  ONE  OF  SUCH FACILITIES SHALL BE   THE EMPIRE STATE PLAZA
 COMPLEX. FOR PURPOSES OF THIS ARTICLE, THE "EMPIRE STATE PLAZA  COMPLEX"
 SHALL  HAVE  THE SAME MEANING AS DEFINED IN PARAGRAPH (E) OF SUBDIVISION
 ONE OF SECTION TWO HUNDRED FOUR OF THE EXECUTIVE LAW.
   § 5. The opening paragraph and paragraph  (g)  of  subdivision  1  and
 subdivision  2  of  section  91 of the public buildings law, as added by
 section 5 of part RR of chapter 56 of the laws of 2023, are amended  and
 a new paragraph (l) is added to subdivision 1 to read as follows:
   The authority is hereby authorized and directed to establish decarbon-
 ization action plans for fifteen of the highest-emitting facilities that
 will  serve  as  a basis for decarbonizing the facilities to the maximum
 extent practicable, and subject to  any  needed  redundant  systems  and
 back-up  systems  needed  for public safety and security.  [Decarboniza-
 tion] EXCEPT AS PROVIDED  IN  PARAGRAPH  (H)  OF  SUBDIVISION  THREE  OF
 SECTION  TWO  HUNDRED  FOUR OF THE EXECUTIVE LAW, DECARBONIZATION action
 plans shall address the following matters at a minimum:
   (g) [Identification] EXCEPT FOR THE EMPIRE STATE PLAZA DECARBONIZATION
 PLAN, IDENTIFICATION of any parts  of  the  facilities  that  cannot  be
 decarbonized, with explanations.
   (L)  IN  THE  CASE  OF  THE EMPIRE STATE PLAZA COMPLEX DECARBONIZATION
 ACTION PLAN, THE ITEMS LISTED IN PARAGRAPH (F) OF SUBDIVISION  THREE  OF
 SECTION TWO HUNDRED FOUR OF THE EXECUTIVE LAW.
   2.  [The]  EXCEPT  FOR  THE  DECARBONIZATION PLAN FOR THE EMPIRE STATE
 PLAZA COMPLEX, THE authority shall complete the  decarbonization  action
 plans  no  later  than  January  thirty-first,  two thousand twenty-six,
 provided that such date shall be extended for justifiable delay  outside
 the  control of the authority, including, but not limited to, previously
 planned or current major renovations or replacements to the  facilities,
 delayed permitting or approval by building owners, local authorities, or
 other essential parties, external resource bottlenecks, pending or unre-
 solved  investigations  into  utility  grid  capacity or similar circum-
 stances where crucial information is not yet  available  or  determined.
 Such  extension  shall  be  limited to the time necessary to address the
 factors causing such delay.  THE EMPIRE STATE DECARBONIZATION PLAN SHALL
 BE COMPLETED BY JANUARY THIRTY-FIRST, TWO THOUSAND  TWENTY-SIX,  AND  NO
 EXCLUSIONS FOR JUSTIFIABLE DELAYS SHALL BE PERMITTED.
   § 6. Subdivisions 5, 6 and 7 of section 91 of the public buildings law
 are renumbered subdivisions 6, 7 and 8, and a new subdivision 5 is added
 to read as follows:
   5.  THE  AUTHORITY  SHALL BE AUTHORIZED TO USE THE FUNDING PROVIDED IN
 SUBDIVISION FOUR OF THIS SECTION TO PREPARE THE  DECARBONIZATION  ACTION
 PLAN  FOR  THE EMPIRE STATE PLAZA COMPLEX, TO UPDATE OR MODIFY ANY STUDY
 OR PLAN UNDERTAKEN, WITH THE GOAL, IN  WHOLE  OR  IN  PART  OF  REDUCING
 GREENHOUSE  GAS  EMISSIONS APPLICABLE TO SUCH COMPLEX, OR TO PERFORM THE
 A. 5633--A                          7

 ENGINEERING STUDY MANDATED BY PARAGRAPH  (D)  OF  SUBDIVISION  THREE  OF
 SECTION  TWO  HUNDRED FOUR OF THE EXECUTIVE LAW, PROVIDED THAT SUCH PLAN
 OR STUDY IN THE VIEW OF THE AUTHORITY WOULD PROVIDE  INFORMATION  USEFUL
 FOR ACHIEVING THE PURPOSES OF SUCH SECTION.
   § 7. This act shall take effect immediately.