(f) "medium- and heavy-duty vehicles" shall mean vehicles more than
10,000 pounds gross weight;
(g) "new construction" shall mean the construction of a new building
that is occupied during all four seasons and is 5,000 square feet or
larger;
(h) "qualifying tier" shall mean any tier of the New York state public
service commission's Clean Energy Standard (Case 15-E-0302) ("CES") that
is designed to incentivize the delivery of additional, incremental clean
energy to New York state or a specific location within New York state,
which as of the effective date of this act includes Tier 1, Offshore
Wind and Tier 4 but not Tier 2 or Zero-Emission Credits.
2. GreenNY council. (a) There is hereby established the GreenNY coun-
cil. The council shall be comprised of the director of the division of
the budget; the commissioner of general services; the commissioner of
environmental conservation; the commissioner of health; the commissioner
of economic development; the commissioner of transportation; the commis-
sioner of parks, recreation, and historic preservation; the president of
the environmental facilities corporation; the president of the New York
state energy research and development authority; the president of the
New York power authority; the president of the dormitory authority of
the state of New York; and the chief executive officer of the metropol-
itan transportation authority.
(b) Members of the council may designate a staff member, and an alter-
nate, to represent them and participate on the council on their behalf.
(c) The council shall be led and co-chaired by the commissioner of
general services, the commissioner of environmental conservation, the
director of the division of the budget, the president of the New York
state energy research and development authority, and the president of
the New York power authority, or their designees. The day-to-day work of
the council shall be performed by executive and program staff of these
leadership agencies and authorities, in consultation with any other
agency or authority staff that participate in council work.
(d) The office of information technology services shall support the
council's performance of its responsibilities under this act.
(e) The council shall meet as needed, but no less than quarterly, to
conduct public business. A majority of the members of the council (or
their designees), shall constitute a quorum, and all actions and recom-
mendations of the council shall require approval by a majority of the
total members of the council.
(f) The council may form advisory subcommittees or workgroups, both
standing and ad hoc, as the council sees fit, made up of executive and
program staff, to provide advice and assistance to the council regarding
matters assigned to such subcommittees or workgroups by the council.
3. Training, staff, and support. (a) Each affected entity shall, no
later than thirty days from the effective date of this act, assign an
employee to serve as its sustainability coordinator. Sustainability
coordinators shall be given management support and provided with the
necessary resources to enable the affected entity to comply with this
act. Sustainability coordinators shall serve as the affected entity's
liaison to the council.
(b) Affected entities may create a sustainability team in-house to
support the work of the council. This sustainability team should be
comprised of appropriate staff involved in identifying, approving, and
implementing sustainability or energy projects, and environmental
justice matters. The sustainability team should include an executive
S. 5180--A 3
sponsor at the deputy or associate commissioner, or vice president level
or equivalent.
(c) The council shall design and implement training and outreach
programs for sustainability coordinators and other affected entity staff
that participate in council work to assist with carrying out the
requirements of this act.
4. Reporting. (a) All affected entities shall furnish such information
and assistance as the council determines is reasonably necessary to
accomplish its purposes. All affected entities shall share data in the
most efficient manner identified by the council for purposes of inform-
ing any progress reports, and the council shall follow applicable state
data governance procedures regarding any interagency data sharing or
collection.
(b) The New York power authority shall provide affected entities with
access to the New York Energy Manager ("NYEM"), with necessary technical
support, at cost. The NYEM shall serve as the system of record for all
energy data from covered facilities. All affected entities shall ensure
that their energy data is entered into the NYEM system. The council
shall leverage this data to develop a greenhouse gas (GHG) baseline for
affected entity operations.
(c) The council shall develop an annual survey to gather information
from affected entities regarding:
(i) the progress each affected entity has made toward achieving the
directives, targets and goals provided for or established pursuant to
this act;
(ii) the effectiveness and usage of the procurement specifications;
(iii) efforts the affected entity has undertaken to advance environ-
mental justice; and
(iv) the specific sustainability and energy efficiency projects that
have been implemented and the effectiveness of such programs in meeting
the targets, goals, and other requirements of this act.
(d) Affected entities shall submit each year on or before a date as
the council may direct, a completed survey in the form and containing
the information specified by the council.
(e) The council, during the month of September in the year following
the effective date of this act, and each year thereafter, shall submit a
progress report to the governor, which shall compile the information
submitted by affected entities pursuant to this act and report on
progress made on the implementation of this act. Such progress report
shall be published on a website established by the council.
5. Exemptions. (a) Exemptions from any of the specific targets, goals,
or other requirements under this act may be granted by the council
co-chairs, provided, however, that any exemptions to paragraph (a) of
subdivision 7 of this section may only be granted by the president of
the New York state energy research and development authority in consul-
tation with the chief executive officer of the New York state department
of public service and director of the budget.
(b) Affected entities may request such an exemption from council
co-chairs and shall justify such request based upon the affected enti-
ty's particular circumstances or as set forth in this act.
6. Buying and operating green. (a) (i) The council shall develop and
issue sustainable procurement specifications (procurement specifica-
tions) for use by affected entities in the procurement of commodities,
services, and technology, or where applicable, in the development of new
public works solicitations and contracts.
S. 5180--A 4
(ii) Any procurement specifications developed, approved, or issued by
the interagency committee on sustainability and green procurement under
executive order number 4, issued on April 24, 2008, shall carry forward
in full effect as if issued by the council until modified by the coun-
cil.
(b) In developing the procurement specifications, the council shall
consider the following factors:
(i) protection of public health and the environment, including vulner-
able populations and residents in disadvantaged communities;
(ii) avoidance of hazards from the use or release of toxic substances;
(iii) pollution reduction and prevention;
(iv) sustainable resource management and use, and sustainable manufac-
turing and production processes;
(v) low impact development and climate resilient design practices, and
standards and priorities for entities providing construction, engineer-
ing, and other similar services;
(vi) reduction of greenhouse gas emissions;
(vii) the use of renewable and zero-emission resources, remanufactured
components, and reused or recycled content;
(viii) waste reduction, materials reuse, recyclability, and composta-
bility;
(ix) water conservation;
(x) quality, durability and utility of the item of procurement;
(xi) minimizing adverse impacts throughout a commodity or technology's
life cycle (i.e., as identified by life-cycle assessment or other
supply-chain impacts);
(xii) cost;
(xiii) extended producer responsibility; and
(xiv) legal and regulatory requirements applicable to the use and
procurement of commodities, services, and technology, or where applica-
ble, the procurement of public works.
(c) Affected entities shall follow the GreenNY procurement specifica-
tions approved by the council when procuring under existing contracts or
when developing new solicitations and contracts for the procurement of
commodities, services, and technology, or where applicable, in the
development of new public works solicitations and contracts.
(d) Where an affected entity determines: (i) that such commodities,
services, or technology set forth in an approved GreenNY procurement
specification will not meet required form, function or utility; (ii) the
cost of the commodities, services or technology set forth in an approved
GreenNY procurement specification is not competitive; or (iii) there is
a compelling public health or safety reason not to purchase such commod-
ities, services or technology set forth in an approved GreenNY procure-
ment specification, the affected entity may seek an exemption from the
council for its particular circumstances pursuant to subdivision 5 of
this section.
(e) The council may issue green operational directives ("operational
directives") in a form substantially similar to its procurement specifi-
cations. In developing the operational directives, the council shall
consider the factors set forth in paragraph (b) of this subdivision.
(f) The council shall provide affected entities with a description of
projects, programs and services that can be leveraged to implement the
requirements of this act.
(g) Affected entities shall follow the council's operational direc-
tives when conducting the affected entity's operations on real property
and facilities under the affected entity's jurisdiction.
S. 5180--A 5
(h) The council shall work with the preferred sources and minority and
woman-owned business enterprises and service-disabled veteran owned
businesses in order to increase awareness of the GreenNY procurement
specifications.
(i) The council shall develop a baseline for sustainable purchasing by
affected entities and issue targets to achieve greater compliance.
7. Reducing greenhouse gas emissions. (a) By 2030 and thereafter,
subject to available supply, 100 percent of the electricity used by
affected entities for their own operations, except electricity needed to
support the generation of electricity by an affected entity in accord-
ance with its enabling authority, shall come from energy systems that
are eligible under the CES ("eligible systems") as part of an all-of-go-
vernment approach to meet the goals of the climate leadership and commu-
nity protection act in a cost-effective manner.
(i) Each affected entity shall first count the amount of clean energy
generated by eligible systems across the state that the affected entity
pays for in its electricity bills or otherwise towards compliance with
the CES, based on calculations provided by the New York state energy
research and development authority. Affected entities shall provide
information requested by the New York state energy research and develop-
ment authority to perform the applicable calculations, including load
data, CES compliance payments, and any other necessary information.
(ii) For the remainder of its electricity usage, each affected entity
shall next be required to demonstrate meeting this obligation, where
feasible, through the use of on- or off-site eligible systems providing
energy dedicated to the affected entity's operations.
(iii) For the portion of electricity that cannot be served by such
eligible systems, each affected entity shall, in consultation and agree-
ment with the New York state energy research and development authority
and the department of public service, procure renewable energy certif-
icates ("RECs") qualified under a qualifying tier of the CES.
(iv) The New York state energy research and development authority and
the department of public service shall establish further detailed guide-
lines and requirements with respect to how each affected entity shall
comply and report compliance with this subdivision.
(v) The council shall monitor progress towards this requirement, and
the New York state energy research and development authority and the
department of public service shall make adjustments to this obligation
as needed based on statewide progress towards climate leadership and
community protection act mandates.
(b) To the fullest extent feasible, beginning January 1, 2024, all new
construction submitted for permitting by affected entities shall avoid
infrastructure, building systems or equipment that can be used for the
combustion of fossil fuels, excluding the necessary use for backup emer-
gency generation and process loads, provided that affected entities
shall avoid the use of backup emergency diesel generators where practi-
cable. This shall not affect the continued operation and maintenance of
state or affected entity owned or operated electric generating facili-
ties. The council shall monitor progress towards this goal.
(c) Affected entities shall achieve 11 trillion BTUs of energy savings
at their facilities by 2025 as outlined in the BuildSmart 2025 program.
(i) Each affected entity shall work with the New York power authority
to achieve their allotted portion of the overall savings target for
state operations. Affected entities should consult the BuildSmart 2025
program guidelines for types of projects and programs to undertake,
including master planning, operations and maintenance program develop-
S. 5180--A 6
ment, participation in demand response and similar programs, submeter-
ing, LED lighting, and other projects that reduce energy consumption and
enhance building efficiency.
(ii) Prior to 2025, the council shall issue a 2030 energy savings goal
based on an evaluation of progress towards the 2025 goal and the addi-
tional opportunities that remain for cost-effective energy savings.
Such 2030 goal shall be aligned with the most recent version of the
state's scoping plan developed pursuant the climate leadership and
community protection act.
(d) The council shall issue operational directives and guidance for
common construction materials to reduce the amount of embodied carbon in
such materials. Starting January 1, 2024, affected entities shall seek
to reduce the embodied carbon in all new construction or construction
projects consisting of adaptive reuse or significant renovations that
cost greater than 50 percent of the cost of new construction, submitted
for permitting by affected entities, by taking the following actions:
(i) design teams shall calculate the total embodied carbon that will
result from the project, including shipping, transportation, and
construction equipment requirements; and
(ii) bidders shall be required to submit environmental product decla-
rations when available, that include the amount of embodied carbon in
given building materials.
(e) Affected entities shall have 100 percent of their light-duty non-
emergency vehicle fleets be zero-emission vehicles (ZEVs) by 2035 and
100 percent of their medium- and heavy-duty vehicle fleet be ZEVs by
2040.
(i) All affected entities shall create and file a light-duty vehicle
fleet decarbonization plan and a medium- and heavy-duty decarbonization
plan with the council. The council shall provide technical assistance
and guidance to agencies for the development of decarbonization plans.
Such decarbonization plans shall include, at minimum, the following
elements:
(A) a purchasing plan that includes interim targets for how they will
achieve the fleet decarbonization goals of this act; and
(B) a plan for providing staff training and engagement necessary for
the successful decarbonization of their fleet.
(ii) Affected entities shall file such light-duty vehicle fleet decar-
bonization plans with the council within one year of the effective date
of this act and shall file such medium- and heavy-duty decarbonization
plans with the council within three years of the effective date of this
act.
(iii) Affected entities shall file progress updates to their light-
and medium- and heavy-duty vehicle decarbonization plans every three
years after the filing of their first plan.
(iv) Priority shall be given to purchasing battery electric vehicles
and hydrogen fuel cell vehicles, and if they are not practicable for an
affected entity's needs, then plug-in hybrid electric vehicles may be
considered in limited circumstances as specifically authorized by the
council.
(v) Affected entities that operate emergency vehicles shall, at least
annually, evaluate and test various ZEV technologies to determine if
they can meet the use cases for these vehicles.
(vi) Affected entities shall consult with the office of general
services to develop ZEV charging infrastructure for their fleets. The
office of general services shall provide guidance to agencies and coor-
dinate the phased implementation of ZEV charging infrastructure.
S. 5180--A 7
(vii) Affected entities are encouraged to maximize employee access to
and promote the use of ZEV charging infrastructure employee workplace
charging at state owned and maintained parking facilities.
(viii) Affected entities shall evaluate the inclusion of distributed
energy resources and energy storage to the maximum extent practicable.
The New York power authority and New York state energy research and
development authority shall collaborate to provide affected entities
with needed technical assistance regarding new energy storage systems.
(ix) Affected entities shall seek to utilize the department of envi-
ronmental conservation value of carbon guidance, where appropriate, to
aid in their decision-making on greenhouse gas emission reductions under
this act.
8. Reducing waste. (a) The council shall create a waste diversion plan
template that affected entities shall use to complete their plans. All
affected entities shall create a waste diversion plan and file such plan
with the council that outlines how they will meet the following goals:
(i) a decrease in waste disposal of 10 percent every five years from a
baseline of fiscal year 2018-19, until reaching a goal of 75 percent.
(ii) waste data reported for these goals should be broken out into the
following categories: recycled materials; compostable materials and
other organics; material sent to landfills (including construction and
demolition waste); and special waste (including hazardous waste).
(iii) The waste diversion plan shall incorporate at least the follow-
ing elements:
(A) a schedule for conducting routine waste audits of facilities and
how the findings from the waste audit will be utilized in advancing
waste reduction;
(B) a plan for diverting organic waste from landfills to meet the
diversion goals;
(C) identifying all instances where single-use plastics are used and
creating a plan to eliminate their use in all circumstances where doing
so will not endanger employee or public health and safety; and
(D) consideration of whether the affected entity should, by 2025,
transition to dual-stream recycling that source separates recyclable
items into subcategories of mixed paper and commingled containers (plas-
tic, glass, and metal), at all facilities where it is practicable and
where dual-stream material recovery facilities are available, cost-ef-
fective and efficient.
(iv) in addition, technical assistance in compiling the plans will be
provided by the department of environmental conservation.
(v) the council shall reassess the waste diversion goals of this act
at least every five years, and if the goals are updated by the council,
it shall require updated waste diversion plans to be submitted by
affected entities on how each will meet the new goals.
(vi) affected entities shall file such plans with the council within
one year of the receipt of the waste diversion plan template.
(b) 90 days after the effective date of this act, affected entities
shall not expend state funds for the purchase of bottled water. If an
affected entity determines that it has a need to purchase bottled water
for health or safety reasons, it may request an exemption from the coun-
cil for its particular circumstances pursuant to subdivision five of
this act. The council shall issue guidance on exceptions to this
requirement to address public health issues and other appropriate
circumstances. This paragraph does not apply to an affected entity
purchasing bottled water for emergency purposes.
S. 5180--A 8
9. Reducing use of toxic substances. Affected entities shall evaluate
and incorporate toxic use reduction strategies into their operations, to
the extent practicable, to achieve pollution prevention. The council
shall, at a minimum, provide agencies with information on healthy build-
ings, green cleaning and disinfection, integrated pest management and
green procurement.
10. Low impact development. (a) Affected entities shall evaluate, and
to the maximum extent practicable, incorporate green infrastructure
concepts to reduce all stormwater runoff and improve water quality in
new construction or redevelopment projects submitted for permitting by
affected entities regardless of disturbance threshold. These include
activities such as the reconstruction of parking lots and the addition
of new landscaping.
(b) The council, in collaboration with the environmental facilities
corporation, shall provide guidance on incorporating green infrastruc-
ture concepts to affected entities.
(c) (i) New infrastructure and building projects shall be designed and
built to account for the climate changes that may occur over their
lifespans. This includes incorporating climate projections and adapta-
tion strategies in upfront design and expected operations and manage-
ment. Preservation of open space shall be considered as a strategy for
climate risk mitigation in new and existing construction.
(ii) The council shall provide guidance on incorporating climate
projections and climate risk concepts to affected entities.
(iii) All affected entities shall evaluate opportunities to harden
their infrastructure and mitigate the impacts of climate change with
resilience practices such as nature-based solutions and modular infras-
tructure.
11. Promoting biodiversity and habitat protection. (a) Affected enti-
ties that have jurisdiction over real property shall, where practicable,
seek opportunities to enhance the ecological integrity of their real
property to support native biodiversity and the New York state pollina-
tor protection plan, protect threatened and endangered species, and
increase climate resilience and natural carbon storage. This includes
prioritizing the use of native plants and minimizing the use of non-na-
tive plants in landscaping and other planting efforts and other activ-
ities that may be identified in the New York natural heritage program
conservation guide and its management recommendations regarding listed
plants.
(b) The council shall provide a template for all affected entities to
implement an early detection rapid response protocol in place for inva-
sive species on real property over which the affected entity has juris-
diction. The council may issue additional operational directives to stop
the spread of invasive species on state-owned real property.
(c) Affected entities shall give priority to the use of integrated
pest management techniques to control invasive species before turning to
other means of eradication.
(d) All affected entities shall follow available best practices for
identifying and properly managing endangered species on real property
and ensure that their projects and operations do not have an adverse
impact upon any endangered species. The department of environmental
conservation shall provide guidance and technical assistance to affected
entities regarding properly managing endangered species and data tools
to identify locations where endangered species issues may be present.
(e) Affected entities shall evaluate opportunities, to the extent
practicable, to co-locate new projects with landscaping or habitat to
S. 5180--A 9
support native pollinator species and the goals of the New York state
pollinator protection plan and enhance climate resilience and natural
carbon storage.
12. Disadvantaged communities. (a) Each affected entity shall, to the
maximum extent practicable, lower the impact of its operations on disad-
vantaged communities, and shall incorporate lowered environmental impact
in these communities into the plans developed by affected entities
pursuant to this act.
(b) The council shall conduct an inventory of state-owned facilities
located in disadvantaged communities.
(c) Affected entities shall prioritize facilities over which the
affected entity has jurisdiction that are located within disadvantaged
communities for efficiency and other environmental upgrades, such as
electrifying heating and cooling systems, which will lower the affected
entity's environmental impacts on these communities.
13. Innovative solutions. The council shall continuously evaluate the
potential of new technologies in order to assist affected entities in
continuing to reduce their environmental footprint and increase climate
resilience (mitigation and adaptation) of its operations, and wherever
feasible, test new technologies and equipment to determine if such tech-
nologies or equipment are practicable for adoption in affected entity
operations.
§ 2. This act shall take effect immediately.
