N.Y. PBB Law § 91 — New York Code / Act PBB / Article 4-D / Section 91
Decarbonization action plans
Status: in_force

§ 91. Decarbonization action plans. 1. The authority is hereby\nauthorized and directed to establish decarbonization action plans for\nfifteen of the highest-emitting facilities that will serve as a basis\nfor decarbonizing the facilities to the maximum extent practicable, and\nsubject to any needed redundant systems and back-up systems needed for\npublic safety and security. Decarbonization action plans shall address\nthe following matters at a minimum:\n  (a) A comprehensive accounting and analysis of all energy uses at the\nfacilities.\n  (b) Greenhouse gas and other harmful emissions (e.g., NOx, SOx,\nparticulate matter) resulting from the on-site and source energy usage\nof the facilities.\n  (c) Analysis of the feasibility of using thermal energy and thermal\nenergy networks at the facility, including any anticipated limitations\non the use of thermal energy networks, along with a characterization of\nany such limitations, including whether they are permanent, temporary,\nor resolvable on a cost-effective basis.\n  (d) Identification and analysis of energy efficiency measures that\ncould be designed and constructed in later decarbonization project\nphases.\n  (e) An analysis of the availability and/or feasibility of providing\nclean energy through electrification technologies and associated\nelectrical upgrades to meet the facility energy needs, as demonstrated\nby the reduced load profiles determined to be practicable based on the\nenergy efficiency measures identified, either through on-site generation\nand/or other procurement.\n  (f) Investigation of the resiliency and redundant capacity of the\nexisting critical infrastructure, such as heating, cooling and backup\nelectrical power systems.\n  (g) Identification of any parts of the facilities that cannot be\ndecarbonized, with explanations.\n  (h) Geotechnical investigations into the on-site potential for clean\nenergy sources, including drilling test geothermal wells as needed.\n  (i) Determination of the feasibility and advisability of gathering,\ncombining, or expanding any clean energy sources or central thermal\nenergy networks with neighboring or nearby related state facilities.\n  (j) Investigation of the infrastructure, planning and funding needed\nto electrify transportation resources regularly used to serve the\nfacilities, such as public transit, vehicle fleets or\nemployee/resident/student electric vehicle charging stations.\n  (k) An economic and feasibility analysis based upon the potential to\ndecarbonize the facility, considering among other things the net present\nvalue of the life cycle cost of the thermal systems and other systems\nproposed, inclusive of the social cost of carbon, capital expenses for\ninitial implementation and major equipment replacements, and operational\nexpenses, including labor costs.\n  2. The authority shall complete the decarbonization action plans no\nlater than January thirty-first, two thousand twenty-six, provided that\nsuch date shall be extended for justifiable delay outside the control of\nthe authority, including, but not limited to, previously planned or\ncurrent major renovations or replacements to the facilities, delayed\npermitting or approval by building owners, local authorities, or other\nessential parties, external resource bottlenecks, pending or unresolved\ninvestigations into utility grid capacity or similar circumstances where\ncrucial information is not yet available or determined. Such extension\nshall be limited to the time necessary to address the factors causing\nsuch delay.\n  3. The authority shall complete and submit a report, on or before\nJanuary thirty-first, two thousand twenty-five, and annually thereafter,\nto the governor, the speaker of the assembly, and the temporary\npresident of the senate, and shall post such report on the authority's\nwebsite so that it is accessible for public review. Such report shall\ninclude, but not be limited to: (a) the progress of the decarbonization\naction plans; (b) any difficulties in preparing the decarbonization\naction plans; and (c) any anticipated delays in completing the\ndecarbonization action plans by January thirty-first, two thousand\ntwenty-seven.\n  4. The authority is authorized to allocate up to thirty million\ndollars to prepare the decarbonization action plans. The owner or\noperator of state-owned facilities shall not be responsible for\nreimbursing the authority for the costs the authority incurs to\nestablish the decarbonization action plans provided for in this section,\nprovided that the authority is authorized to obtain reimbursement of\nsuch costs from any other available funding sources, and provided\nfurther, that nothing in this subdivision is intended to limit the\nauthority from receiving compensation for any services it provides to\nany owner or operator of state-owned facilities, including services\nrelated to implementation of decarbonization plans and decarbonization\nprojects, on such terms and conditions as the parties agree.\n  5. The authority may ask and shall receive from the state energy\nresearch and development authority, the office of general services, the\nstate university of New York, the dormitory authority, the department of\nenvironmental conservation, and any owners and operators of state-owned\nfacilities, any information or staff technical assistance necessary to\ncarry out its powers and duties under this section.\n  6. The chiller. The state university of New York shall utilize up to\nthirty million dollars of the 2023-24 New York state urban development\ncorporation capital appropriation for the replacement of absorption\nchillers in the central chiller plant of the state university of New\nYork at Albany.\n  7. Any project, including any thermal energy project, that may be\nfunded as a result of a decarbonization action plan completed pursuant\nto this section shall: (a) be deemed a public work project subject to\narticle eight of the labor law; (b) require that the component parts of\nany geothermal systems or any other heating or cooling systems are\nproduced or made in whole or substantial part in the United States, its\nterritories or possessions, subject to a waiver provision similar to the\none contained in subdivision two of section sixty-six-s of the public\nservice law; (c) contain a requirement that any public owner or third\nparty acting on behalf of a public owner enter into a project labor\nagreement as defined by section two hundred twenty-two of the labor law\nfor all construction work; and (d) require the payment of prevailing\nwage standards consistent with article nine of the labor law for\nbuilding services work. Notwithstanding any provision of law to the\ncontrary, all rights or benefits, including terms and conditions of\nemployment, and protection of civil service and collective bargaining\nstatus of all existing public employees and the work jurisdiction,\ncovered job titles, and work assignments, set forth in the civil service\nlaw and collective bargaining agreements with labor organizations\nrepresenting public employees shall be preserved and protected. Any such\nproject shall not result in the: (i) displacement of any currently\nemployed worker or loss of position (including partial displacement as\nsuch a reduction in the hours of non-overtime work, wages, or employment\nbenefits) or result in the impairment of existing collective bargaining\nagreements; (ii) transfer of existing duties and functions related to\nmaintenance and operations currently performed by existing employees of\nauthorized entities to a contracting entity; or (iii) transfer of future\nduties and functions ordinarily performed by employees of authorized\nentities to a contracting entity.\n