N.Y.
Public Buildings Law Section 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 Public Service Law § 66-S (Electric vehicle charging)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 Labor Law § 222 (Project labor agreements)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.
Source:
Section 91 — Decarbonization action plans, https://www.nysenate.gov/legislation/laws/PBB/91 (updated May 12, 2023; accessed Oct. 26, 2024).
