S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9745
 
                           I N  A S S E M B L Y
 
                               April 3, 2024
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Housing
 
 AN ACT to amend the public housing law, in relation to enacting the "New
   York state green new deal for public housing act"
 
   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 "New York
 state green new deal for public housing act".
   § 2. The public housing law is amended by adding a new article  16  to
 read as follows:
                                 ARTICLE 16
                     GREEN NEW DEAL FOR PUBLIC HOUSING
 SECTION 650. LEGISLATIVE FINDINGS.
         651. DEFINITIONS.
         652. MARKET ANALYSIS AND PLANNING.
   § 650. LEGISLATIVE FINDINGS. THE LEGISLATURE FINDS AND DECLARES THAT:
   1. THE STATE OF NEW YORK HAS AN OBLIGATION TO REDUCE ITS ENVIRONMENTAL
 FOOTPRINT,  AS  THE  CLIMATE  LEADERSHIP  AND  COMMUNITY  PROTECTION ACT
 (CLCPA) OF TWO THOUSAND NINETEEN ESTABLISHES CERTAIN EMISSION  REDUCTION
 LIMITS  AS  WELL  AS  ADDITIONAL  DIRECTIVES  TO ADDRESS CLIMATE CHANGE,
 INCLUDING BUT NOT LIMITED TO THE LIMITING OF  STATEWIDE  GREENHOUSE  GAS
 EMISSIONS TO SIXTY PERCENT OF ONE THOUSAND NINE HUNDRED NINETY LEVELS BY
 TWO  THOUSAND  THIRTY  AND  FIFTEEN PERCENT OF ONE THOUSAND NINE HUNDRED
 NINETY LEVELS BY TWO THOUSAND FIFTY, AND ACHIEVING  NET-ZERO  GREENHOUSE
 GAS EMISSIONS ACROSS THE STATE OF NEW YORK'S ECONOMY.
   2.  WITH BUILDINGS EMISSIONS MAKING UP MORE THAN THIRTY PERCENT OF ALL
 EMISSIONS IN NEW YORK STATE SHALL UPGRADE AND EQUIP ALL  PUBLIC  HOUSING
 WITH CUTTING-EDGE MATERIALS, INFRASTRUCTURE, AND ALL-ELECTRIC APPLIANCES
 MADE  IN  THE UNITED STATES IN ORDER TO IMPROVE ENERGY EFFICIENCY, WATER
 QUALITY, AND MATERIAL LIVING STANDARDS IN PUBLIC HOUSING AND TO  SUPPORT
 MANUFACTURING IN NEW YORK STATE.
   3.  NEW  YORK  STATE AND OTHER GOVERNING BODIES HAVE USED ECONOMIES OF
 SCALE TO LOWER PRICES OF NEEDED PRODUCTS ACROSS VARIOUS  INDUSTRIES  AND
 TO  PROMOTE  THE CREATION OF MARKETS THAT DID NOT EXIST PRIOR TO GOVERN-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14786-01-4
 A. 9745                             2
 
 MENT SPENDING, IN ORDER TO SPUR  INNOVATION  OF  NEW  TECHNOLOGIES,  AND
 IMPROVE THE LOCAL ECONOMY.
   4.  THE BIGGEST COST DRIVERS FOR BUILDING OPERATIONS IN NEW YORK STATE
 ARE ALSO THOSE COMPONENTS THAT LEAD TO EXTENSIVE  GREENHOUSE  GAS  EMIS-
 SIONS,  AND  AS  A  RESULT, IT IS IN THE STATE'S INTEREST TO PROTECT AND
 PROMOTE ITS AFFORDABLE HOUSING, WHILE TAKING ADVANTAGE OF THE  SCALE  OF
 COMPONENTS  NEEDED  WHILE CONCURRENTLY LOWERING GREENHOUSE GAS EMISSIONS
 AND COSTS OF OPERATING BUILDINGS.
   5. DEEP ENERGY RETROFITS, EFFICIENT MATERIALS IN NEW CONSTRUCTION, AND
 PROCUREMENT PRACTICES THAT TAKE ADVANTAGE OF SCALE AND ENERGY  EFFICIENT
 PRODUCTS  CONTRIBUTE TO THE EFFICIENT USE OF RESOURCES AND ENVIRONMENTAL
 SUSTAINABILITY.
   6. BULK PROCUREMENT FOR PROJECTS TO BE  COMPLETED  BY  PUBLIC  HOUSING
 AUTHORITIES AND RENTAL ASSISTANCE DEMONSTRATION (RAD) PARTNERS FOR ENER-
 GY-EFFICIENT  APPLIANCES,  CONSTRUCTION MATERIALS, AND MECHANICAL SYSTEM
 COMPONENTS WHICH SHALL ENHANCE COST-EFFECTIVENESS AND INNOVATION IN  NEW
 YORK.
   §  651. DEFINITIONS. THE FOLLOWING TERMS, WHENEVER USED OR REFERRED TO
 IN THIS ARTICLE, SHALL HAVE THE FOLLOWING MEANING:
   1. "RELEVANT STATE AGENCIES" SHALL INCLUDE, BUT NOT BE LIMITED TO, THE
 NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, THE  NEW  YORK
 STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, THE DEPARTMENT OF ENVI-
 RONMENTAL  CONSERVATION AND OTHER RELEVANT ENTITIES AS DETERMINED BY THE
 COMMISSIONER OF PUBLIC HOUSING.
   2. "RAD" SHALL MEAN RENTAL ASSISTANCE DEMONSTRATION PROGRAMS  PROVIDED
 BY  THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PURSU-
 ANT TO 42 U.S.C. § 1437F AND 42 U.S.C. § 1437P.
   3. "PUBLIC HOUSING AGENCY" SHALL HAVE THE SAME  MEANING  AS  THE  TERM
 "PUBLIC  HOUSING  AGENCY"  AS DEFINED BY THE U.S. HOUSING ACT, 42 U.S.C.
 1437A(B)(6).
   § 652. MARKET ANALYSIS AND PLANNING. 1. THE DEPARTMENT OF PUBLIC HOUS-
 ING, IN COOPERATION WITH RELEVANT STATE AGENCIES AND RAD  PROGRAM  PART-
 NERS, AND OTHER EXPERTS IN ARCHITECTURE AND ENGINEERING AS DETERMINED BY
 THE  COMMISSIONER, SHALL CONDUCT A STUDY REGARDING THE FOLLOWING SUBJECT
 MATTER, INCLUDING, BUT NOT LIMITED TO:
   (A) IDENTIFYING GAPS IN THE CURRENT MARKET FOR ENERGY-EFFICIENT APPLI-
 ANCES, CONSTRUCTION MATERIALS, PRE-FABRICATED COMPONENTS, PROCESSES  AND
 MECHANICAL  SYSTEM  COMPONENTS  FOR  USE IN PUBLIC HOUSING AND RAD RENO-
 VATIONS, INCLUDING BUT NOT  LIMITED  TO  HEATING  AND  COOLING  SYSTEMS,
 VENTILATION,  DOMESTIC  HOT WATER AND CONTROL SYSTEMS, ELECTRICAL COMPO-
 NENTS, GENERAL  CONDITIONS  AND  SITEWORK,  CONCRETE,  MASONRY,  METALS,
 WOODS,  GLASS  AND  PLASTICS,  FURNISHINGS, ELEVATOR SYSTEMS, SAFETY AND
 SECURITY SYSTEMS,  INTERIOR  FINISHES,  SOLAR  PHOTOVOLTAIC  TECHNOLOGY,
 LIGHTS,  OTHER  APPLIANCES  AND  THE  COMPONENTS  OF A FACADE TO INCLUDE
 WALLS, WINDOWS, ROOF, DOORS, STOREFRONT, AND OTHER OPENINGS.  SUCH  LIST
 SHALL  ALSO INCLUDE MATERIALS SUCH AS CROSS-LAMINATED TIMBER, NAIL-LAMI-
 NATED TIMBER, DOWEL-LAMINATED TIMBER, GLUE-LAMINATED TIMBER, SOME  TYPES
 OF  STRUCTURAL  COMPOSITE LUMBER AND OTHER TYPES OF MASS TIMBER PRODUCTS
 THAT DECREASE CONSTRUCTION TIME AND EMISSIONS IN PUBLIC HOUSING AND  RAD
 PROJECTS;
   (B)  ASCERTAINING  WHICH COSTS IN CONSTRUCTION AND OPERATIONS ARE MOST
 EXTREME FOR VARIOUS HOUSING TYPOLOGIES IN NEW YORK STATE, WITH  SPECIFIC
 ATTENTION  TO  PUBLIC  HOUSING  AND  RAD DEVELOPMENTS, AND ENSURING THAT
 TECHNOLOGIES MEET INTERNATIONAL PASSIVE HOUSE STANDARDS, WHICH INCLUDE:
   (I) THE SPACE HEATING ENERGY DEMAND, AND  COOLING  DEMAND  FOR  WARMER
 CLIMATES,  SHALL  NOT  EXCEED FIFTEEN KILOWATT HOURS PER SQUARE METER OF
 A. 9745                             3
 
 NET LIVING SPACE TREATED FLOOR AREA PER YEAR OR  TEN  WATTS  PER  SQUARE
 METER  PEAK DEMAND, WITH AN ADDITIONAL ALLOWANCE FOR DEHUMIDIFICATION IN
 CLIMATES WHERE ACTIVE COOLING IS NEEDED;
   (II)  THE  TOTAL  ENERGY  TO  BE  USED  FOR ALL DOMESTIC APPLICATIONS,
 INCLUDING BUT NOT LIMITED TO, HEATING, HOT WATER AND DOMESTIC  ELECTRIC-
 ITY,  SHALL  NOT EXCEED SIXTY KILOWATT HOURS PER SQUARE METER OF TREATED
 FLOOR AREA PER YEAR FOR A PASSIVE HOUSE;
   (III) A MAXIMUM OF 0.6 AIR CHANGES PER HOUR AT FIFTY PASCALS PRESSURE,
 AS VERIFIED WITH AN  ONSITE  PRESSURE  TEST,  IN  BOTH  PRESSURIZED  AND
 DEPRESSURIZED STATES, IN TERMS OF AIR TIGHTNESS;
   (IV)  THERMAL  COMFORT SHALL BE MET FOR ALL LIVING AREAS DURING WINTER
 AND SUMMER, WITH NOT MORE THAN TEN PERCENT OF THE HOURS IN A GIVEN  YEAR
 OVER TWENTY-FIVE DEGREES CELSIUS;
   (C)  DEVELOPING  A  STANDARDIZED  LIST OF ENERGY-EFFICIENT APPLIANCES,
 CONSTRUCTION MATERIALS, PRE-FABRICATED COMPONENTS, PROCESSES AND MECHAN-
 ICAL SYSTEM COMPONENTS FOR USE IN PUBLIC HOUSING  AND  RAD  RENOVATIONS,
 INCLUDING  BUT  NOT LIMITED TO HEATING AND COOLING SYSTEMS, VENTILATION,
 DOMESTIC HOT  WATER  CONTROL  SYSTEMS,  ELECTRICAL  COMPONENTS,  GENERAL
 CONDITIONS  AND  SITEWORK,  CONCRETE,  MASONRY, METALS, WOODS, GLASS AND
 PLASTICS, FURNISHINGS, ELEVATOR SYSTEMS, SAFETY  AND  SECURITY  SYSTEMS,
 INTERIOR  FINISHES,  SOLAR PHOTOVOLTAIC TECHNOLOGY, LIGHTS, OTHER APPLI-
 ANCES AND THE COMPONENTS OF A FACADE TO INCLUDE  WALLS,  WINDOWS,  ROOF,
 DOORS,  STOREFRONT,  AND  OTHER  OPENINGS.  SUCH LIST SHALL ALSO INCLUDE
 MATERIALS SUCH AS CROSS-LAMINATED TIMBER, NAIL-LAMINATED TIMBER,  DOWEL-
 LAMINATED  TIMBER,  GLUE-LAMINATED  TIMBER,  SOME  TYPES  OF  STRUCTURAL
 COMPOSITE LUMBER AND OTHER TYPES OF MASS  TIMBER  PRODUCTS  WHICH  SHALL
 ENCOURAGE  GOOD  ARCHITECTURAL  DESIGN THAT YIELDS MAXIMAL ENVIRONMENTAL
 PERFORMANCE AND REDUCTION IN CARBON FOOTPRINTS, BOTH EMBODIED AND OPERA-
 TIONAL, EMPHASIZING PRODUCTS THAT ARE DIFFICULT TO ACCESS DUE  TO  COSTS
 AND SPECIFIC MARKET-BASED ISSUES;
   (D)  DEVELOPING  A LIST OF MISSING PRODUCTS, MATERIALS, AND COMPONENTS
 THAT ARE NOT AVAILABLE IN THE EXISTING  MARKET,  AND  THAT  COULD  OFFER
 REDUCTIONS  IN  PUBLIC  HOUSING AND CARBON FOOTPRINTS, BOTH EMBODIED AND
 OPERATIONAL;
   (E) DEVELOPING A PLAN FOR THE ISSUANCE OF REQUESTS FOR  PROPOSALS  FOR
 THE  SUPPLY OF ITEMS ON THE LIST UNDER PARAGRAPH (C) OF THIS SUBDIVISION
 BY RELEVANT STATE AGENCIES, WITH THE PURPOSE OF  ENCOURAGING  INVESTMENT
 AND  INNOVATION BY SECURING ONE-TIME OR LONG-TERM CONTRACTS WITH WINNERS
 OF THE REQUESTS FOR  PROPOSALS,  AND  WHERE  THE  PURCHASE  COULD  OFFER
 REDUCTIONS  IN  PUBLIC  HOUSING AND RAD BUILDING CARBON FOOTPRINTS, BOTH
 EMBODIED AND OPERATIONAL;
   (F) DEVELOPING A PLAN FOR THE PROCUREMENT  OF  PRODUCTS  ON  THE  LIST
 UNDER PARAGRAPH (C) OF THIS SUBDIVISION BY RELEVANT STATE AGENCIES, WITH
 THE  PURPOSE OF ACHIEVING COST ADVANTAGES THROUGH BULK BUYING OF MATERI-
 ALS THROUGH LARGE ONE-TIME OR LONG-TERM CONTRACTS, TO BE  USED  FOR  RAD
 AND PUBLIC HOUSING DEVELOPMENTS; AND
   (G)  DEVELOPING  A PLAN FOR THE ISSUANCE OF REQUESTS FOR PROPOSALS FOR
 THE SUPPLY OF ITEMS ON THE LIST UNDER PARAGRAPH (C) OF THIS  SUBDIVISION
 BY  RELEVANT  STATE AGENCIES, WITH THE PURPOSE OF ENCOURAGING INVESTMENT
 AND INNOVATION BY SECURING ONE-TIME OR LONG-TERM CONTRACTS WITH  WINNERS
 OF  THE  REQUESTS  FOR  PROPOSALS,  AND  WHERE  THE PURCHASE COULD OFFER
 REDUCTIONS IN PUBLIC HOUSING AND RAD BUILDING  CARBON  FOOTPRINTS,  BOTH
 EMBODIED AND OPERATIONAL.
   2.  THE COMMISSIONER SHALL PUBLISH THE RESULTS OF THE STUDY WITHIN ONE
 YEAR OF THE EFFECTIVE DATE OF THIS SECTION AND SHALL PUBLISH  THE  PLANS
 DEVELOPED  PURSUANT TO PARAGRAPHS (E), (F) AND (G) OF SUBDIVISION ONE OF
 A. 9745                             4
 
 THIS SECTION WITHIN ONE HUNDRED DAYS OF PUBLISHING SUCH STUDY. ALL RELE-
 VANT AGENCIES  SHALL  IMMEDIATELY  TAKE  STEPS  TO  PLAN  AND  IMPLEMENT
 PURCHASES, REQUESTS FOR PROPOSALS, AND THE NEEDED CONTRACTS AND ADMINIS-
 TRATIVE  ACTIONS  NECESSARY TO REACH THE GOALS OUTLINED IN THIS SECTION,
 PROVIDED THAT SUCH STEPS DO NOT EXCEED  THE  APPROPRIATION  PROVIDED  TO
 SUCH RELEVANT AGENCY.
   3.  THE  COMMISSIONER  SHALL SUBMIT A BIENNIAL REPORT TO THE TEMPORARY
 PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON THE PROGRESS,
 IMPACT AND COST-EFFECTIVENESS OF THE GREEN PROCUREMENT PRACTICES  IMPLE-
 MENTED PURSUANT TO THIS SECTION.
   § 3. This act shall take effect immediately.