2023 New York Laws › PBB - Public Buildings › Article 4-D - Decarbonization of State-Owned Facilities › 91 - Decarbonization Action Plans.

§  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.