§ 91. Decarbonization action plans. 1. The authority is hereby
authorized and directed to establish decarbonization 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. Decarbonization action plans shall address
the following matters at a minimum:

(a) A comprehensive accounting and analysis of all energy uses at the
facilities.

(b) Greenhouse gas and other harmful emissions (e.g., NOx, SOx,
particulate matter) resulting from the on-site and source energy usage
of the facilities.

(c) Analysis of the feasibility of using thermal energy and thermal
energy networks at the facility, including any anticipated limitations
on the use of thermal energy networks, along with a characterization of
any such limitations, including whether they are permanent, temporary,
or resolvable on a cost-effective basis.

(d) Identification and analysis of energy efficiency measures that
could be designed and constructed in later decarbonization project
phases.

(e) An analysis of the availability and/or feasibility of providing
clean energy through electrification technologies and associated
electrical upgrades to meet the facility energy needs, as demonstrated
by the reduced load profiles determined to be practicable based on the
energy efficiency measures identified, either through on-site generation
and/or other procurement.

(f) Investigation of the resiliency and redundant capacity of the
existing critical infrastructure, such as heating, cooling and backup
electrical power systems.

(g) Identification of any parts of the facilities that cannot be
decarbonized, with explanations.

(h) Geotechnical investigations into the on-site potential for clean
energy sources, including drilling test geothermal wells as needed.

(i) Determination of the feasibility and advisability of gathering,
combining, or expanding any clean energy sources or central thermal
energy networks with neighboring or nearby related state facilities.

(j) Investigation of the infrastructure, planning and funding needed
to electrify transportation resources regularly used to serve the
facilities, such as public transit, vehicle fleets or
employee/resident/student electric vehicle charging stations.

(k) An economic and feasibility analysis based upon the potential to
decarbonize the facility, considering among other things the net present
value of the life cycle cost of the thermal systems and other systems
proposed, inclusive of the social cost of carbon, capital expenses for
initial implementation and major equipment replacements, and operational
expenses, including labor costs.

2. 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 unresolved
investigations into utility grid capacity or similar circumstances 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.

3. The authority shall complete and submit a report, on or before
January thirty-first, two thousand twenty-five, and annually thereafter,
to the governor, the speaker of the assembly, and the temporary
president of the senate, and shall post such report on the authority's
website so that it is accessible for public review. Such report shall
include, but not be limited to: (a) the progress of the decarbonization
action plans; (b) any difficulties in preparing the decarbonization
action plans; and (c) any anticipated delays in completing the
decarbonization action plans by January thirty-first, two thousand
twenty-seven.

4. The authority is authorized to allocate up to thirty million
dollars to prepare the decarbonization action plans. The owner or
operator of state-owned facilities shall not be responsible for
reimbursing the authority for the costs the authority incurs to
establish the decarbonization action plans provided for in this section,
provided that the authority is authorized to obtain reimbursement of
such costs from any other available funding sources, and provided
further, that nothing in this subdivision is intended to limit the
authority from receiving compensation for any services it provides to
any owner or operator of state-owned facilities, including services
related to implementation of decarbonization plans and decarbonization
projects, on such terms and conditions as the parties agree.

5. The authority may ask and shall receive from the state energy
research and development authority, the office of general services, the
state university of New York, the dormitory authority, the department of
environmental conservation, and any owners and operators of state-owned
facilities, any information or staff technical assistance necessary to
carry out its powers and duties under this section.

6. The chiller. The state university of New York shall utilize up to
thirty million dollars of the 2023-24 New York state urban development
corporation capital appropriation for the replacement of absorption
chillers in the central chiller plant of the state university of New
York at Albany.

7. Any project, including any thermal energy project, that may be
funded as a result of a decarbonization action plan completed pursuant
to this section shall: (a) be deemed a public work project subject to
article eight of the labor law; (b) require that the component parts of
any geothermal systems or any other heating or cooling systems are
produced or made in whole or substantial part in the United States, its
territories or possessions, subject to a waiver provision similar to the
one contained in subdivision two of section sixty-six-s of the public
service law; (c) contain a requirement that any public owner or third
party acting on behalf of a public owner enter into a project labor
agreement as defined by section two hundred twenty-two of the labor law
for all construction work; and (d) require the payment of prevailing
wage standards consistent with article nine of the labor law for
building services work. Notwithstanding any provision of law to the
contrary, all rights or benefits, including terms and conditions of
employment, and protection of civil service and collective bargaining
status of all existing public employees and the work jurisdiction,
covered job titles, and work assignments, set forth in the civil service
law and collective bargaining agreements with labor organizations
representing public employees shall be preserved and protected. Any such
project shall not result in the: (i) displacement of any currently
employed worker or loss of position (including partial displacement as
such a reduction in the hours of non-overtime work, wages, or employment
benefits) or result in the impairment of existing collective bargaining
agreements; (ii) transfer of existing duties and functions related to
maintenance and operations currently performed by existing employees of
authorized entities to a contracting entity; or (iii) transfer of future
duties and functions ordinarily performed by employees of authorized
entities to a contracting entity.