Bill Text: NY S02689 | 2023-2024 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Enacts the "Renewable Capitol act"; requires the office of general services, in consultation with the power authority of the state of New York, to ensure that all operations that power, heat or cool the empire state plaza complex shall entirely use renewable energy systems; requires the office of general services to establish an advisory committee to advise the office of general services on the preparation, design and content of a plan for the use of renewable energy systems.
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Introduced) 2024-05-07 - REPORTED AND COMMITTED TO FINANCE [S02689 Detail]
Download: New_York-2023-S02689-Amended.html
Bill Title: Enacts the "Renewable Capitol act"; requires the office of general services, in consultation with the power authority of the state of New York, to ensure that all operations that power, heat or cool the empire state plaza complex shall entirely use renewable energy systems; requires the office of general services to establish an advisory committee to advise the office of general services on the preparation, design and content of a plan for the use of renewable energy systems.
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Introduced) 2024-05-07 - REPORTED AND COMMITTED TO FINANCE [S02689 Detail]
Download: New_York-2023-S02689-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 2689--A 2023-2024 Regular Sessions IN SENATE January 24, 2023 ___________ Introduced by Sens. BRESLIN, BRISPORT, GOUNARDES, HARCKHAM, HOYLMAN-SI- GAL, KRUEGER, MAY, SALAZAR, SANDERS -- read twice and ordered printed, and when printed to be committed to the Committee on Procurement and Contracts -- reported favorably from said committee and committed to the Committee on Energy and Telecommunications -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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: 1 Section 1. This act shall be known and may be cited as the "Renewable 2 Capitol Act". 3 § 2. The executive law is amended by adding a new section 204 to read 4 as follows: 5 § 204. Renewable capitol project. 1. For the purpose of this section, 6 the following terms shall have the following meanings: 7 (a) The "advisory committee" shall mean the committee established 8 pursuant to paragraph (b) of subdivision three of this section. 9 (b) The "CLCPA" shall mean the New York state climate leadership and 10 community protection act enacted as chapter one hundred six of the laws 11 of two thousand nineteen, as it shall from time to time be amended. 12 (c) "Co-pollutants" shall have the same meaning as set forth in subdi- 13 vision three of section 75-0101 of the environmental conservation law. 14 (d) "Emergency generator" shall mean the set of diesel generators 15 located on Sheridan Avenue in Albany, New York as of the effective date 16 of this section, that are intended to power the empire state plaza 17 complex during an emergency fault condition causing an interruption to 18 normal electricity service from the grid. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07366-03-3S. 2689--A 2 1 (e) "Empire state plaza complex" or the "complex" shall mean the 2 complex of state-owned buildings and the land thereon in Albany, New 3 York that utilize the steam distribution network of the Sheridan Avenue 4 steam plant, including what are popularly known as Empire State Plaza, 5 the State Capitol Building, the State Museum, the Alfred E. Smith Build- 6 ing, the State Education Building, the Sheridan Avenue steam plant, and 7 the former Albany New York Solid Waste Energy Recovery System incinera- 8 tor building. 9 (f) "Greenhouse gas" shall have the same meaning as set forth in 10 subdivision seven of section 75-0101 of the environmental conservation 11 law. 12 (g) The "local community" shall mean the portion of Albany, New York 13 designated as the local community under the plan, which shall include, 14 at a minimum, the Albany Sheridan Hollow, Arbor Hill, Center Square, 15 Mansion, Washington Park, West Hill and South End neighborhoods. 16 (h) "NYSERDA" shall mean the New York state energy research and devel- 17 opment authority created under section eighteen hundred fifty-two of the 18 public authorities law. 19 (i) The "office of general services" or the "office" shall mean the 20 agency created under section two hundred of this article. 21 (j) The "plan" shall mean the plan set forth in subdivision three of 22 this section. 23 (k) The "project" shall mean the work on the empire state plaza 24 complex mandated by this section. 25 (l) A "power purchase agreement" shall mean an agreement between two 26 parties, the seller and the buyer, to enter into a contractual obli- 27 gation for the purchase of electricity. 28 (m) "Renewable energy systems" means systems that entirely generate 29 electricity or thermal energy through use of the following technologies: 30 solar thermal, photovoltaics, on land and offshore wind, hydroelectric, 31 geothermal electric, geothermal ground source heat, tidal energy, wave 32 energy, ocean thermal, and fuel cells which do not utilize a fossil fuel 33 resource in the process of generating electricity or thermal energy. 34 (n) "Sheridan Avenue steam plant" shall mean the steam plant facility 35 owned by New York state located as of the time of the effective date of 36 this section at 79 Sheridan Avenue in Albany, New York. 37 2. (a) Within three years after the effective date of this section, 38 the office of general services, in consultation with the power authority 39 of the state of New York, shall ensure that all operations that power, 40 heat or cool the empire state plaza complex shall entirely use renewable 41 energy systems. In satisfying this requirement, the office may demon- 42 strate that the amount of electrical energy credited to the complex 43 annually from renewable sources through a power purchase agreement or 44 similar instrument is not less than the amount of electrical energy 45 consumed annually by the complex. Notwithstanding this mandate, the 46 emergency generator shall be permitted to utilize non-renewable energy, 47 but the office shall be empowered to retire or convert the emergency 48 generator to wholly or entirely utilize renewables if possible. 49 (b) The project and the empire state plaza complex shall comply with 50 the CLCPA, and any rules and regulations issued thereunder, and, in 51 particular, section seven of such law; the statewide greenhouse gas 52 emissions limits set forth in section 75-0107 of the environmental 53 conservation law; and the targets established in subdivision two of 54 section sixty-six-p of the public service law. Nothing in this paragraph 55 shall preclude the office from mandating lower greenhouse gas emissions 56 limits or compliance with greenhouse gas emissions limits in a shorterS. 2689--A 3 1 timeframe than set forth in section 75-0107 of the environmental conser- 2 vation law, or in mandating a higher percentage of renewables or in a 3 shorter timeframe than in subdivision two of section sixty-six-p of the 4 public service law. Except in regard to the provision regarding to the 5 emergency generator as set forth in paragraph (a) of this subdivision, 6 any action taken in furtherance of the project that leads to any 7 increase in the emissions of greenhouse gases shall be deemed inconsist- 8 ent with and in interference with the attainment of the statewide green- 9 house gas emissions limits established in article seventy-five of the 10 environmental conservation law and therefore shall trigger the process 11 set forth in subdivision two of section seven of the CLCPA. 12 (c) Any contractor receiving payments for work conducted pursuant to 13 this section shall pay employees and other workers under such contract a 14 wage not less than the prevailing rates of wages for such work in the 15 locality where the work is performed, in conformity with prevailing 16 wage laws. 17 3. (a) Within one year of the effective date of this section, the 18 office shall issue a plan in conformity with this subdivision and subdi- 19 vision two of this section. 20 (b) Within sixty days of the effective date of this section, the 21 office shall establish an advisory committee to advise it on the prepa- 22 ration, design and content of the plan. The advisory committee shall 23 consist of the commissioner of the department of environmental conserva- 24 tion and the chief executive officer of NYSERDA, or their designees, and 25 additional members which shall be appointed by such commissioner in 26 consultation with such chief executive officer, as follows: three repre- 27 sentatives of Albany community organizations, at least two of which are 28 from organizations whose mission, in whole or in part, is to represent 29 the interests of the Arbor Hill and/or Sheridan Hollow neighborhoods in 30 Albany; two additional representatives of local environmental justice 31 organizations; one individual not employed by New York state with recog- 32 nized expertise in renewable energy; a representative of labor organiza- 33 tions; a scientist with expertise in energy and climate policy; an engi- 34 neer with expertise in energy (including geothermal) and climate policy; 35 and the mayor of Albany or his or her designee. The advisory committee 36 shall meet at least three times annually, or additional times as the 37 committee shall by majority vote determine. At such meetings, which 38 shall be open to the public, the office, among other things, shall 39 report on the progress made in completing the project and otherwise 40 implementing this section. The advisory committee members shall receive 41 no compensation for their services but shall be reimbursed for their 42 actual and necessary expenses incurred in the performance of their 43 duties. All agencies of the state or subdivisions thereof may, at the 44 request of the advisory panel or the office, provide the advisory panel 45 with such facilities, assistance and data as will enable the advisory 46 panel to carry out its powers and duties. 47 (c) Each member of the advisory committee shall be entitled to one 48 vote. No action may be taken by the advisory committee unless there is 49 a quorum, which shall at all times be a majority of the members of the 50 committee. 51 (d) The office shall retain a third party to perform an engineering 52 study to be completed within one hundred eighty days after the effective 53 date of this section, which shall consider the matters set forth in 54 paragraph (f) of this subdivision and any other matters consistent with 55 this section that the office shall direct. For the purposes of this 56 paragraph, the term "third party" shall mean a professional engineer,S. 2689--A 4 1 not employed by the state of New York, or an engineering firm, provided 2 that none of the engineers employed by such firm shall also be employed 3 by the state of New York. 4 (e) The office shall be transparent in its work to develop the plan 5 and shall maintain a website where the draft plan and other documents 6 relevant to its development shall be posted for public review. The advi- 7 sory committee shall hold at least two public hearings within thirty 8 days after the release of the draft plan and prior to the release of the 9 final plan, of which one shall be held in Arbor Hill or Sheridan Hollow 10 neighborhoods and one shall be held during the evening or weekend hours. 11 An additional public hearing shall also be held within thirty days after 12 the creation of the advisory committee to receive public input into the 13 development of the draft plan. 14 (f) The plan shall contain recommendations on regulatory measures and 15 other state actions to ensure that the mandates in subdivision two of 16 this section are met. The measures and actions set forth in the plan 17 shall include: 18 i. a timeline for planned steps toward the completion of the project, 19 including, but not limited to construction of the project and obtaining 20 the necessary permits to begin operation. The timeline should maximize 21 the potential for achieving, and if feasible making greater emissions 22 reductions than the statewide greenhouse gas emissions limits set forth 23 in section 75-0107 of the environmental conservation law and meeting the 24 other mandates of the CLCPA; 25 ii. measures to maximize the benefits to the local community, includ- 26 ing prioritizing the reduction of greenhouse gases and co-pollutants and 27 improving public health in the local community; 28 iii. measures to optimize thermal load sharing, energy efficiency, 29 demand response, and energy conservation; 30 iv. comprehensive consideration of renewable heat exchange systems or 31 a combination of such systems to meet the heating and cooling needs of 32 the empire state plaza complex, including but not limited to: geothermal 33 heat exchange with the earth, geothermal heat exchange with the Hudson 34 River, open-loop and closed-loop geothermal heat exchange with the aqui- 35 fer, heat exchange with potable water supplies, heat recovery from 36 wastewater sources, air-source heat pump technology, and thermal stor- 37 age, provided that such systems do not use combustion-based or fossil 38 fuel energy; 39 v. prioritization of electricity procurement from renewable sources 40 within New York Independent System Operator (NYISO) Zone F, especially 41 sources most capable of providing electricity serving real-time load 42 conditions of the empire state plaza complex. This shall include, but 43 not be limited to, consideration of projects that expand electricity 44 generation from ecologically-responsible, run-of-the-river hydroelectric 45 facilities within the region; and 46 vi. electricity service upgrades for the empire state plaza complex 47 necessary to support measures identified in this section. 48 (g) In designing the plan, the office shall be guided by any recommen- 49 dations contained in the engineering study mandated by paragraph (d) of 50 this subdivision, and any comments or recommendations made by the advi- 51 sory committee, including as to such engineering study. Such advisory 52 committee shall also be entitled to reject or modify any recommendation 53 upon a finding that such recommendation would be inconsistent with or 54 will interfere with the attainment of the statewide greenhouse gas emis- 55 sions limits established in article seventy-five of the environmental 56 conservation law, the climate justice provisions of the CLCPA, any rulesS. 2689--A 5 1 or regulations issued thereunder, or this section. If the advisory 2 committee rejects or modifies any recommendation, the original version 3 of the recommendations as set forth in the engineering study shall 4 presumptively not be considered by the office, unless substantial 5 evidence exists to support the study's initial recommendations. 6 (h) The plan shall prioritize project implementation efforts to maxi- 7 mize the creation of quality jobs in New York state and the local commu- 8 nity. The plan shall also designate the geographic boundaries of the 9 local community. In designating such boundaries, which shall include the 10 Albany Sheridan Hollow, Arbor Hill, Center Square, Mansion, Washington 11 Park, West Hill, and South End neighborhoods, the office shall consider 12 including in its designation any other communities that experience 13 impacts on their water, air quality, noise and traffic from the empire 14 state plaza complex. 15 § 3. The tenth undesignated paragraph of section 1005 of the public 16 authorities law, as added by chapter 55 of the laws of 1992, is amended 17 to read as follows: 18 The authority is further authorized, as deemed feasible and advisable 19 by the trustees, to acquire, maintain, manage, operate, improve and 20 reconstruct as a project or projects of the authority one or both of the 21 steam generation facilities owned by the state known as the Sheridan 22 [avenue] Avenue steam [generating] plant [on Sheridan avenue in the city23of Albany and used to supply steam to state facilities], together with 24 any properties, buildings and equipment at the sites thereof or ancil- 25 lary thereto, for the generation and sale of thermal energy and the 26 cogeneration and sale of electricity for use by facilities of the state 27 within the county of Albany. All the authority's costs, including its 28 acquisition, capital, operating and maintenance costs, shall be recov- 29 ered fully from the customers receiving service from such project or 30 projects. Thermal energy and electricity not required by the state may 31 be sold by the authority to others. The authority is not authorized to 32 use refuse or refuse-derived fuel in operating the project or projects. 33 As of the time period specified in paragraph (a) of subdivision two of 34 section two hundred four of the executive law, all of the energy, 35 including but not limited to heat, cooling and electricity, produced at 36 the Sheridan Avenue steam plant shall utilize renewable energy systems. 37 Any agreement for such acquisition shall insure that the authority is 38 not liable or otherwise responsible for circumstances arising from the 39 prior operation of such facilities. The acquisition and purchase of such 40 land, buildings and equipment by the authority, and any actions taken to 41 effect such acquisition and purchase, are hereby exempt from the 42 provisions of article eight of the environmental conservation law. The 43 application of such exemption shall be strictly limited to the acquisi- 44 tion and purchase of such land, buildings and equipment by the authority 45 and such agreements with the state. Nothing herein shall exempt the 46 authority from otherwise applicable laws respecting the expansion, 47 conversion, operation and maintenance of such land, buildings and equip- 48 ment. For the purposes of this subdivision, the terms "renewable energy 49 systems" and "Sheridan Avenue steam plant" shall have the same meanings 50 as in subdivision one of section two hundred four of the executive law. 51 § 4. This act shall take effect immediately.
