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Bill No.: Summary Actions Committee&nbspVotes Floor&nbspVotes Memo Text LFIN Chamber&nbspVideo/Transcript S04842 Summary: BILL NO S04842B &nbsp SAME AS SAME AS A03466-B

&nbsp SPONSOR FAHY &nbsp COSPNSR BRISPORT, CLEARE, COMRIE, GONZALEZ, HARCKHAM, JACKSON, KAVANAGH, KRUEGER, MAY, MAYER, PARKER, SALAZAR, SANDERS, WEBB &nbsp MLTSPNSR &nbsp Add §204, Exec L; amd §1005, Pub Auth L; amd §§90 & 91, Pub Bldg L &nbsp 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.

Go to top S04842 Text:

STATE OF NEW YORK ________________________________________________________________________

4842--B

2025-2026 Regular Sessions

IN SENATE

February 13, 2025 ___________

Introduced by Sens. FAHY, BRISPORT, CLEARE, COMRIE, GONZALEZ, HARCKHAM, JACKSON, KAVANAGH, KRUEGER, MAY, MAYER, PARKER, SALAZAR, SANDERS, WEBB -- read twice and ordered printed, and when printed to be committed to the Committee on Procurement and Contracts -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Procurement and Contracts in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee

AN ACT to amend the executive law, the public authorities law and the public buildings law, in relation to the utilization of renewable energy at state-owned facilities in Albany

The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:

1 Section 1. Short title. This act shall be known and may be cited as 2 the "Renewable 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 (a) 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

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06241-04-6

S. 4842--B 2

1 complex during an emergency fault condition causing an interruption to 2 normal electricity service from the grid. 3 (e) "Empire state plaza complex" or the "complex" shall mean the 4 complex of state-owned buildings and the land thereon in Albany, New 5 York that utilize the steam distribution network of the Sheridan Avenue 6 steam plant. 7 (f) "Greenhouse gas" shall have the same meaning as set forth in 8 subdivision seven of section 75-0101 of the environmental conservation 9 law. 10 (g) The "local community" shall mean the portion of Albany, New York 11 designated as the local community under the plan, which shall include, 12 at a minimum, the Albany Sheridan Hollow, Arbor Hill, Center Square, 13 Mansion, Washington Park, West Hill and South End neighborhoods. 14 (h) "NYSERDA" shall mean the New York state energy research and devel- 15 opment authority created under section eighteen hundred fifty-two of the 16 public authorities law. 17 (i) The "office of general services" or the "office" shall mean the 18 agency created under section two hundred of this article. 19 (j) The "empire state plaza decarbonization plan" or "plan" shall mean 20 the plan set forth in subdivision three of this section, and mandated by 21 this section and section ninety-one of the public buildings law. 22 (k) The "project" shall mean the work on the empire state plaza 23 complex mandated by this section and section ninety-one of the public 24 buildings law. 25 (l) A "power purchase agreement" shall mean an agreement between two 26 parties for the purchase of electricity. 27 (m) "Renewable energy systems" means systems that entirely generate 28 electricity or thermal energy through use of the following technologies: 29 solar thermal, photovoltaics, on land and offshore wind, hydroelectric, 30 geothermal electric, geothermal ground source heat, tidal energy, wave 31 energy, ocean thermal, and fuel cells which do not utilize a fossil fuel 32 resource in the process of generating electricity or thermal energy. 33 (n) "Sheridan Avenue steam plant" or "steam plant" shall mean the 34 steam plant facility owned by New York state located as of the time of 35 the effective date of this section at 79 Sheridan Avenue in Albany, New 36 York. 37 2. (a) (i) Within three years after the effective date of this 38 section, the office of general services, in consultation with the power 39 authority of the state of New York, shall ensure that all operations 40 that power, heat or cool the empire state plaza complex shall entirely 41 use renewable energy systems, and that the Sheridan Avenue steam plant 42 shall be retired or converted to another purpose that does not require 43 the use of fossil fuels. In satisfying such requirements, the office 44 may demonstrate that the amount of electrical energy credited to the 45 complex annually from renewable sources through a power purchase agree- 46 ment or similar instrument is not less than the amount of electrical 47 energy consumed annually by the complex. 48 (ii) Notwithstanding the mandates under subparagraph (i) of this para- 49 graph, the emergency generator shall be permitted to utilize non-renewa- 50 ble energy, but the office shall be empowered to retire or convert the 51 emergency generator to wholly or entirely utilize renewables if possi- 52 ble. 53 (iii) Notwithstanding subparagraph (i) of this paragraph, the office 54 may propose to the advisory committee to waive the achievement of the 55 mandated three-year deadline in such subparagraph or any component ther- 56 eof or the deadline in such subparagraph in regard to the Sheridan

S. 4842--B 3

1 Avenue steam plant upon a written finding by the office that the office 2 cannot achieve either or both of such deadlines or any component there- 3 of, that such waiver is justified as outside the office's control, and 4 the factors causing the need for the waiver. Such written finding shall 5 certify that the conditions set forth in subparagraph (v) of this para- 6 graph are met. The proposed waiver shall provide a new deadline or dead- 7 lines for meeting the mandate or mandates. Such proposal shall contain 8 the factual evidence for each factor causing the need for the proposed 9 waiver. Such waiver proposal shall also contain any steps taken to avoid 10 the need for a waiver, including the alternatives considered to avoid 11 the need for a waiver. In no case shall the new deadline or deadlines be 12 longer than necessary to address the factors causing the need for the 13 waiver. 14 (iv) For the purposes of subparagraph (iii), (v) and (vi) of this 15 paragraph, the term: 16 (A) "justified as outside the office's control" shall include signif- 17 icant delays in permits or other approvals by agencies other than the 18 office and the power authority of the state of New York, the unavail- 19 ability of materials or supplies critical to competition of the project 20 and strikes and other work stoppages. Such term shall not include the 21 inability to obtain sufficient funding for the project from any source, 22 including New York state. 23 (B) "component" shall include any discrete component of the work, 24 including work on a single building, or section of a building that is 25 part of the project. In the case of a waiver proposal for a component or 26 components of the work, the office shall incorporate into its waiver 27 proposal any feasible measures to maximize the likelihood of compliance 28 with the mandate set forth in subparagraph (i) of this paragraph for 29 work for other components of the project not covered by the waiver 30 proposal. 31 (v) The advisory committee may approve in whole or in part, modify or 32 disapprove the waiver proposal set forth in subparagraph (iii) of this 33 paragraph in a written decision. The advisory committee may not approve 34 such proposal in whole or in part or modify such proposal unless the 35 office certifies that such action will not impede the achievement of the 36 statewide greenhouse gas emissions limits set forth in section 75-0107 37 of the environmental conservation law, and the targets established in 38 subdivision two of section sixty-six-p of the public service law, and 39 the advisory committee confirms this in its written decision. 40 (vi) The office shall promptly respond in writing to any written 41 inquiries made by the advisory committee and provide any records or 42 documents requested and shall appear at any meeting of the advisory 43 committee at which its presence is requested to answer questions from 44 the committee concerning the waiver proposal. The request for approval, 45 the advisory committee's written decision and any written documents, 46 records or approvals used for the advisory committee's decision shall be 47 made promptly available to any member of the public when requested and 48 promptly posted on the website mandated by paragraph (c) of subdivision 49 three of this section. 50 (b) The project and the empire state plaza complex shall comply with 51 the CLCPA, and any rules and regulations issued thereunder, and, in 52 particular, section seven of such law; the statewide greenhouse gas 53 emissions limits set forth in section 75-0107 of the environmental 54 conservation law; and the targets established in subdivision two of 55 section sixty-six-p of the public service law. Nothing in this paragraph 56 shall preclude the office from mandating lower greenhouse gas emissions

S. 4842--B 4

1 limits or compliance with greenhouse gas emissions limits in a shorter 2 timeframe than set forth in section 75-0107 of the environmental conser- 3 vation law, or in mandating a higher percentage of renewables or in a 4 shorter timeframe than in subdivision two of section sixty-six-p of the 5 public service law. Except in regard to the provision regarding to the 6 emergency generator as set forth in paragraph (a) of this subdivision, 7 any action taken in furtherance of the project that leads to any 8 increase in the emissions of greenhouse gases shall be deemed inconsist- 9 ent with and in interference with the attainment of the statewide green- 10 house gas emissions limits established in article seventy-five of the 11 environmental conservation law and therefore shall trigger the process 12 set forth in subdivision two of section seven of the CLCPA. 13 3. (a) Within sixty days of the effective date of this section, the 14 office shall establish an advisory committee to advise it on the prepa- 15 ration, design and content of the plan. Such plan shall be completed no 16 later than January thirty-first, two thousand twenty-seven. The advi- 17 sory committee shall consist of the commissioner of the department of 18 environmental conservation and the chief executive officer of NYSERDA, 19 or their designees, and additional members which shall be appointed by 20 such commissioner in consultation with such chief executive officer, as 21 follows: three representatives of Albany community organizations, at 22 least two of which are from organizations whose mission, in whole or in 23 part, is to represent the interests of the Arbor Hill and/or Sheridan 24 Hollow neighborhoods in Albany; two additional representatives of local 25 environmental justice organizations; one individual not employed by New 26 York state with recognized expertise in renewable energy; a represen- 27 tative of labor organizations; a scientist with expertise in energy and 28 climate policy; an engineer with expertise in energy (including geother- 29 mal) and climate policy; and the mayor of Albany or their designee. The 30 advisory committee shall meet quarterly, or additional times as the 31 committee shall by majority vote determine. At such meetings, which 32 shall be open to the public, the office and the power authority of the 33 state of New York shall orally and in writing report on the progress 34 made in completing the project and otherwise implementing this section, 35 including but not limited to: the progress of any studies performed in 36 whole or in part to implement this section, and the progress made in 37 reducing greenhouse gas emissions at the empire state plaza complex in 38 compliance with section 75-0109 of the environmental conservation law. 39 The advisory committee shall be entitled to the work product or other 40 data which informed any recommendations in the plan, subject to any 41 reasonable confidentiality requirements established by the office. The 42 advisory committee members shall receive no compensation for their 43 services but shall be reimbursed for their actual and necessary expenses 44 incurred in the performance of their duties. All agencies of the state 45 or subdivisions thereof may, at the request of the advisory panel or the 46 office, provide the advisory panel with such facilities, assistance and 47 data as will enable the advisory panel to carry out its powers and 48 duties. The failure of the office to establish the advisory committee 49 or to do so in a timely fashion, or of the advisory committee to engage 50 in any conduct mandated by this subdivision shall not be a basis for 51 extending the deadline set forth in subparagraph (i) of paragraph (a) of 52 subdivision two of this section. 53 (b) Each member of the advisory committee shall be entitled to one 54 vote. No action may be taken by the advisory committee unless there is 55 a quorum, which shall at all times be a majority of the members of the 56 committee.

S. 4842--B 5

1 (c) The office shall be transparent in its work to develop the plan 2 and shall maintain a website where a draft plan and other documents 3 relevant to its development shall be posted for public review at least 4 fourteen days prior to the first of the public hearings mandated by this 5 paragraph. The advisory committee shall hold at least two public hear- 6 ings at least sixty days prior to the release of the final plan, of 7 which one shall be held in the Arbor Hill or Sheridan Hollow neighbor- 8 hoods and one shall be held during the evening or weekend hours. The 9 advisory committee shall make provisions for online and telephonic 10 attendance and participation. At such public hearings, the draft plan 11 shall be made available in written form for those physically attending. 12 Provisions shall also be made for written comments on the draft plan. 13 (d) The plan shall contain recommendations on regulatory measures and 14 other state actions to ensure that the mandates in subdivisions two and 15 three of this section and section ninety-one of the public buildings law 16 are met. The measures and actions set forth in the plan shall include: 17 (i) a timeline for planned steps toward the completion of the project, 18 including, but not limited to construction of the project and obtaining 19 the necessary permits to begin operation. The timeline should maximize 20 the potential for achieving, and if feasible making greater emissions 21 reductions than the statewide greenhouse gas emissions limits set forth 22 in section 75-0107 of the environmental conservation law and meeting the 23 other mandates of the CLCPA; 24 (ii) measures to maximize the benefits to the local community, includ- 25 ing prioritizing the reduction of greenhouse gases and co-pollutants and 26 improving public health in the local community; 27 (iii) measures to optimize thermal load sharing, energy efficiency, 28 demand response, and energy conservation; 29 (iv) comprehensive consideration of renewable heat exchange systems or 30 a combination of such systems to meet the heating and cooling needs of 31 the empire state plaza complex, including but not limited to: geothermal 32 heat exchange with the earth, geothermal heat exchange with the Hudson 33 River, open-loop and closed-loop geothermal heat exchange with the aqui- 34 fer, heat exchange with potable water supplies, heat recovery from 35 wastewater sources, air-source heat pump technology, and thermal stor- 36 age, provided that such systems do not use combustion-based or fossil 37 fuel energy; 38 (v) prioritization of electricity procurement from renewable sources 39 within New York Independent System Operator (NYISO) Zone F, especially 40 sources most capable of providing electricity serving real-time load 41 conditions of the empire state plaza complex. This shall include, but 42 not be limited to, consideration of projects that expand electricity 43 generation from ecologically-responsible, run-of-the-river hydroelectric 44 facilities within the region; 45 (vi) electricity service upgrades for the empire state plaza complex 46 necessary to support measures identified in this section; and 47 (vii) to the extent feasible, measures to ensure that the work 48 performed on the state capitol building and other buildings or struc- 49 tures that are part of the complex proceed contemporaneously or during 50 overlapping timeframes with the work done on other buildings, or struc- 51 tures that are part of the complex, in such a manner as to maximize the 52 likelihood of compliance with the mandate set forth in subparagraph (ii) 53 of paragraph (a) of subdivision two of this section. 54 (e) In designing the plan, the office shall be guided by any comments 55 or recommendations made by the advisory committee.

S. 4842--B 6

1 (f) The plan shall designate the geographic boundaries of the local 2 community. In designating such boundaries, which shall include the Alba- 3 ny Sheridan Hollow, Arbor Hill, Center Square, Mansion, Washington Park, 4 West Hill, and South End neighborhoods, the office shall consider 5 including in its designation any other communities that experience 6 impacts on their water, air quality, noise and traffic from the empire 7 state plaza complex. 8 (g)(i) Any project that may be funded as a result of the renewable 9 capitol project completed pursuant to this section shall: (A) be deemed 10 a public work project subject to article eight of the labor law; (B) 11 require that the component parts of any renewable capitol project are 12 produced or made in whole or substantial part in the United States, its 13 territories or possessions, subject to a waiver provision similar to the 14 one contained in subdivision two of section sixty-six-s of the public 15 service law; (C) contain a requirement that any public owner or third 16 party acting on behalf of a public owner enter into a project labor 17 agreement as defined by section two hundred twenty-two of the labor law 18 for all construction work; and (D) require the payment of prevailing 19 wage standards consistent with article nine of the labor law for build- 20 ing services work. 21 (ii) Notwithstanding any provision of law to the contrary, all rights 22 or benefits, including terms and conditions of employment, and 23 protection of civil service and collective bargaining status of all 24 existing public employees and the work jurisdiction, covered job 25 titles, and work assignments, set forth in the civil service law and 26 collective bargaining agreements with labor organizations represent- 27 ing public employees shall be preserved and protected. Any such project 28 shall not result in the: (A) displacement of any currently employed 29 worker or loss of position (including partial displacement as such a 30 reduction in the hours of non-overtime work, wages, or employment bene- 31 fits) or result in the impairment of existing collective bargaining 32 agreements; (B) transfer of existing duties and functions related to 33 maintenance and operations currently performed by existing employees of 34 authorized entities to a contracting entity; or (C) transfer of future 35 duties and functions ordinarily performed by employees of authorized 36 entities to a contracting entity. 37 (h) In the case of any conflict as to the requirements of this section 38 and section ninety-one of the public buildings law in regard to the 39 project, this section shall prevail. 40 § 3. The tenth undesignated paragraph of section 1005 of the public 41 authorities law, as added by chapter 55 of the laws of 1992, is amended 42 to read as follows: 43 The authority is further authorized, as deemed feasible and advisable 44 by the trustees, to acquire, maintain, manage, operate, improve and 45 reconstruct as a project or projects of the authority one or both of the 46 steam generation facilities owned by the state known as the Sheridan 47 [ avenue ] Avenue steam [ generating ] plant [ on Sheridan avenue in the city 48 of Albany and used to supply steam to state facilities ], together with 49 any properties, buildings and equipment at the sites thereof or ancil- 50 lary thereto, for the generation and sale of thermal energy and the 51 cogeneration and sale of electricity for use by facilities of the state 52 within the county of Albany. All the authority's costs, including its 53 acquisition, capital, operating and maintenance costs, shall be recov- 54 ered fully from the customers receiving service from such project or 55 projects. Thermal energy and electricity not required by the state may 56 be sold by the authority to others. The authority is not authorized to

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1 use refuse or refuse-derived fuel in operating the project or projects. 2 As of the time period specified in paragraph (a) of subdivision two of 3 section two hundred four of the executive law, all of the energy, 4 including but not limited to heat, cooling and electricity, produced at 5 the Sheridan Avenue steam plant shall utilize renewable energy systems. 6 Any agreement for such acquisition shall [ insure ] ensure that the 7 authority is not liable or otherwise responsible for circumstances aris- 8 ing from the prior operation of such facilities. The acquisition and 9 purchase of such land, buildings and equipment by the authority, and any 10 actions taken to effect such acquisition and purchase, are hereby exempt 11 from the provisions of article eight of the environmental conservation 12 law. The application of such exemption shall be strictly limited to the 13 acquisition and purchase of such land, buildings and equipment by the 14 authority and such agreements with the state. Nothing herein shall 15 exempt the authority from otherwise applicable laws respecting the 16 expansion, conversion, operation and maintenance of such land, buildings 17 and equipment. For the purposes of this subdivision, the terms "renewa- 18 ble energy systems" and "Sheridan Avenue steam plant" shall have the 19 same meanings as in subdivision one of section two hundred four of the 20 executive law. 21 § 4. Subdivisions 2 and 3 of section 90 of the public buildings law, 22 as added by section 5 of part RR of chapter 56 of the laws of 2023, are 23 amended to read as follows: 24 2. "Decarbonization" and "decarbonize" means eliminating all on-site 25 combustion of fossil-fuels and associated co-pollutants with the excep- 26 tion of back-up emergency generators and redundant systems needed to 27 address public health, safety and security, providing heating and cool- 28 ing through thermal energy, and thermal energy networks, from non-com- 29 bustion sources, and to the greatest extent feasible producing on-site 30 electricity that is one hundred percent renewable. Notwithstanding the 31 provisions of this subdivision, for purposes of the empire state plaza 32 complex, such terms shall mean meeting the requirements of subdivisions 33 two and three of section two hundred four of the executive law, and 34 section ninety-one of this article, as such requirements are applicable 35 to the empire state plaza complex. 36 3. "Highest-emitting facilities" means state-owned facilities that are 37 among the highest producers of greenhouse gas emissions and collectively 38 account for at least thirty percent of the greenhouse gas emissions as 39 recorded by the authority's Build Smart NY program established pursuant 40 to Executive Order 88 of 2012. Notwithstanding the provisions of this 41 subdivision, one of such facilities shall be the empire state plaza 42 complex. For purposes of this article, the "empire state plaza complex" 43 shall have the same meaning as defined in paragraph (e) of subdivision 44 one of section two hundred four of the executive law. 45 § 5. The opening paragraph and paragraph (g) of subdivision 1 and 46 subdivision 2 of section 91 of the public buildings law, as added by 47 section 5 of part RR of chapter 56 of the laws of 2023, are amended and 48 a new paragraph (l) is added to subdivision 1 to read as follows: 49 The authority is hereby authorized and directed to establish decarbon- 50 ization action plans for fifteen of the highest-emitting facilities that 51 will serve as a basis for decarbonizing the facilities to the maximum 52 extent practicable, and subject to any needed redundant systems and 53 back-up systems needed for public safety and security. [ Decarboniza- 54 tion ] Except as provided in paragraph (g) of subdivision three of 55 section two hundred four of the executive law, decarbonization action 56 plans shall address the following matters at a minimum:

S. 4842--B 8

1 (g) [ Identification ] Except for the empire state plaza decarbonization 2 plan, identification of any parts of the facilities that cannot be 3 decarbonized, with explanations. 4 (l) In the case of the empire state plaza complex decarbonization 5 action plan, any items designated by the advisory committee under para- 6 graph (e) of subdivision three of section two hundred four of the execu- 7 tive law. 8 2. [ The ] Except for the decarbonization plan for the empire state 9 plaza complex, the authority shall complete the decarbonization action 10 plans no later than January thirty-first, two thousand twenty-six, 11 provided that such date shall be extended for justifiable delay outside 12 the control of the authority, including, but not limited to, previously 13 planned or current major renovations or replacements to the facilities, 14 delayed permitting or approval by building owners, local authorities, or 15 other essential parties, external resource bottlenecks, pending or unre- 16 solved investigations into utility grid capacity or similar circum- 17 stances where crucial information is not yet available or determined. 18 Such extension shall be limited to the time necessary to address the 19 factors causing such delay. The empire state decarbonization plan shall 20 be completed by January thirty-first, two thousand twenty-seven, and no 21 exclusions for justifiable delays shall be permitted. 22 § 6. Subdivisions 5, 6 and 7 of section 91 of the public buildings law 23 are renumbered subdivisions 6, 7 and 8, and a new subdivision 5 is added 24 to read as follows: 25 5. The authority shall be authorized to use the funding provided in 26 subdivision four of this section to prepare the decarbonization action 27 plan for the empire state plaza complex, to update or modify any study 28 or plan undertaken, with the goal, in whole or in part of reducing 29 greenhouse gas emissions applicable to such complex, provided that such 30 plan or study in the view of the authority would provide information 31 useful for achieving the purposes of such section. 32 § 7. This act shall take effect immediately.

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