BILL NUMBER: S4842A
SPONSOR: FAHY
 
TITLE OF BILL:
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
 
PURPOSE:
The bill requires that state facilities at the Empire State Plaza
complex in downtown Albany shall entirely use renewables for power, heat
and cooling.
 
SUMMARY OF PROVISIONS:
Section 1 states that the bill shall be known as the renewable Capitol
Act.
Section 2 amends the executive law to add a new section 204 with defi-
nitions.
Section 3 amends the public authorities law regarding the Sheridan
Avenue steam plant.
Section 4 amends the public buildings law to provide for the Empire
State Plaza Complex in the definitions set forth in section 90.
Section 5 amends the public buildings law to be consistent with the
Empire State Plaza Complex decarbonization plan established in section
2.
Section 6 amends the public buildings law to add new subdivisions 5, 6,
and 7 of section 91.
Section 7 sets the effective date.
 
JUSTIFICATION:
Climate change is adversely affecting the economic well-being, public
health, natural resources, and-environment of New York. Climate change
especially heightens the vulnerability of disadvantaged communities,
'including communities of color and low-income communities, which bear
environmental and socioeconomic burdens as well as legacies of racial
discrimination. The neighborhood surrounding the state-owned Sheridan
Avenue Steam Plant in Albany is one such neighborhood, having previously
endured more than a century of pollution due to the heating and cooling
of the State Capitol building and more recently the Empire State Plaza
and other downtown Albany state buildings. This included the state burn-
ing garbage at the ANSWERS plant at Sheridan Avenue to heat and cool the
Plaza.
In 2019, New York state demonstrated national leadership on climate by
enacting the Climate Leadership and Community Protection Act ("CLCPA").
The CLCPA established a mandate of reducing statewide greenhouse gas
emissions 85% over 1990 levels and a reduction beyond 85% to net zero
emissions by the year 2050. The law also. set a mandate of a 40%
reduction in emissions by the year 2030. It also requires investment in
and protection of disadvantaged communities. The Renewable Capitol
Project created by this legislation is beneficial to disadvantaged
communities and states that the intent of this legislation is to design
the Project to be fully consistent with and to further the greenhouse
gas emission reduction targets of the CLCPA.
To meet the goals of the CLCPA, the state will need to transform its
energy infrastructure, including the rapid and significant deployment of
clean and renewable energy. Converting the Capitol and the other build-
ings of the Empire State Plaza Complex to 100% clean and renewable ener-
gy will assist in meeting such goals while making the State of New York
a market leader. It will provide a model both for other public buildings
in the state and nation and in the private sector as to how to convert
such facilities to clean renewable energy.
Section 7 of the CLCPA requires state agencies, authorities and other
entities in their administrative approvals and decisions and contracts
to consider whether such decisions will interfere with the attainment of
the law's statewide greenhouse gas emissions limits. It also directs
that all state agencies, authorities and other entities prioritize
reductions in greenhouse gas emissions and co-pollutants in disadvan-
taged communities. Section 7 applies to the Renewable Capital Project,
and that state agencies charged with implementing this legislation shall
do so consistent with the purposes of section 7.
The New York State Legislature has previously recognized the importance
of promoting renewable energy at the Empire State Plaza Complex when it
amended a state budget appropriation of $88 million related to the
proposed expansion of the Sheridan Avenue energy facilities in 2019 to
require operation to the extent possible on renewable energy for heat-
ing, cooling, and/or electricity.
By requiring that state facilities in downtown Albany shall entirely use
renewable energy sources for power, heat and cooling within three years
of the law going into effect, New York State will maintain its status as
a leader in the transition away from fossil fuels.
 
LEGISLATIVE HISTORY:
A9431/ 58221 - 2021/22
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S4842: 1005 public authorities law
S4842A: 1005 public authorities law