N.Y. Public Buildings Law § 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.