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See Summary
S T A T E O F N E W Y O R K
________________________________________________________________________
7246--B
2009-2010 Regular Sessions
I N A S S E M B L Y
March 26, 2009
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Introduced by M. of A. LUPARDO -- read once and referred to the Commit-
tee on Governmental Operations -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
reported and referred to the Committee on Ways and Means -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the public buildings law, in relation to establishing
the state green building construction act, and to repeal article 13 of
the energy law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative findings and declarations. Green building prac-
2 tices can reduce the production of greenhouse gases, lower energy costs,
3 reduce the use of natural resources, reduce waste, improve indoor air
4 quality, and reduce indoor and outdoor pollution. This act requires that
5 the construction and substantial renovation of state buildings comply
6 with "green" building standards established by the office of general
7 services. Building "green" will have positive impacts on our environ-
8 ment, provide healthier indoor environments, and reduce costs.
9 S 2. Article 13 of the energy law is REPEALED.
10 S 3. The public buildings law is amended by adding a new article 4-C
11 to read as follows:
12 ARTICLE 4-C
13 STATE GREEN BUILDING CONSTRUCTION ACT
14 SECTION 80. SHORT TITLE.
15 81. DEFINITIONS.
16 82. APPLICABILITY.
17 83. AGENCY GREEN BUILDING CONSTRUCTION REQUIREMENTS.
18 S 80. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE
19 "STATE GREEN BUILDING CONSTRUCTION ACT".
20 S 81. DEFINITIONS. AS USED IN THIS ARTICLE:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06347-05-9
A. 7246--B 2
1 1. "AGENCY" SHALL MEAN A STATE DEPARTMENT, STATE AGENCY, OR STATE
2 PUBLIC AUTHORITY.
3 2. "AUTHORITY" SHALL MEAN THE NEW YORK STATE ENERGY RESEARCH AND
4 DEVELOPMENT AUTHORITY.
5 3. "BUILDING" SHALL MEAN A BUILDING OR STRUCTURE THAT IS OWNED BY THE
6 STATE OR BY AN AGENCY.
7 4. "OFFICE" SHALL MEAN THE OFFICE OF GENERAL SERVICES.
8 5. "SUBSTANTIAL RENOVATION" SHALL MEAN A SUBSTANTIAL MODIFICATION OF
9 AN EXISTING BUILDING AND SHALL INCLUDE BUT NOT BE LIMITED TO ADDITIONS,
10 ALTERATIONS, AND RECONSTRUCTION AS DETERMINED PURSUANT TO REGULATIONS
11 PROMULGATED BY THE OFFICE PURSUANT TO THIS ARTICLE.
12 S 82. APPLICABILITY. THIS ARTICLE SHALL APPLY TO THE CONSTRUCTION OF
13 NEW BUILDINGS AND THE SUBSTANTIAL RENOVATION OF EXISTING BUILDINGS,
14 EXCEPT THAT THIS ARTICLE SHALL NOT APPLY IN THE FOLLOWING CIRCUMSTANCES:
15 1. AN EXISTING BUILDING THAT HAS A HISTORIC STATUS PURSUANT TO FEDERAL,
16 STATE OR LOCAL LAW AND COMPLIANCE WITH CONSTRUCTION REQUIREMENTS AND
17 PROCEDURES ESTABLISHED PURSUANT TO THIS ARTICLE WOULD ALTER THE HISTORIC
18 CHARACTER OF SUCH BUILDING;
19 2. IN THE CASE OF A SUBSTANTIAL RENOVATION, COMPLIANCE WITH
20 CONSTRUCTION REQUIREMENTS AND PROCEDURES ESTABLISHED PURSUANT TO THIS
21 ARTICLE WOULD NOT BE COST EFFECTIVE OVER THE USEFUL LIFE OF SUCH RENO-
22 VATION AS DETERMINED PURSUANT TO REGULATIONS PROMULGATED PURSUANT TO
23 THIS ARTICLE;
24 3. COMPLIANCE WITH THIS ARTICLE OR WITH CONSTRUCTION REQUIREMENTS AND
25 PROCEDURES ESTABLISHED PURSUANT TO THIS ARTICLE WOULD BE INCONSISTENT
26 WITH OR VIOLATE FEDERAL OR STATE LAW;
27 4. SUCH OTHER CIRCUMSTANCES AS THE OFFICE MAY REASONABLY DETERMINE
28 PURSUANT TO REGULATIONS TO NOT BE APPROPRIATE FOR THE APPLICATION OF THE
29 CONSTRUCTION REQUIREMENTS AND PROCEDURES ADOPTED PURSUANT TO THIS ARTI-
30 CLE; OR
31 5. THE DESIGN OR PLANNING PROCESS FOR SUCH NEW CONSTRUCTION OR
32 SUBSTANTIAL RENOVATION HAS SUBSTANTIALLY COMMENCED, AS DEFINED BY THE
33 OFFICE IN REGULATIONS, AS OF THE EFFECTIVE DATE OF THE REGULATIONS
34 PROMULGATED BY THE OFFICE PURSUANT TO THIS ARTICLE; PROVIDED HOWEVER,
35 THAT WHENEVER SUBDIVISION ONE, TWO, THREE OR FOUR APPLIES, THE
36 CONSTRUCTION REQUIREMENTS AND PROCEDURES SHALL BE INTEGRATED INTO THE
37 DESIGN AND CONSTRUCTION OF THE PROJECT TO THE MAXIMUM EXTENT PRACTICA-
38 BLE.
39 S 83. AGENCY GREEN BUILDING CONSTRUCTION REQUIREMENTS. 1. THE
40 CONSTRUCTION OF NEW BUILDINGS AND THE SUBSTANTIAL RENOVATION OF EXISTING
41 BUILDINGS SHALL COMPLY WITH SUCH GREEN CONSTRUCTION REQUIREMENTS AND
42 PROCEDURES AS SHALL HAVE BEEN ESTABLISHED BY THE OFFICE IN REGULATIONS
43 PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
44 2. THE OFFICE, IN CONSULTATION WITH THE AUTHORITY, THE DEPARTMENT OF
45 ENVIRONMENTAL CONSERVATION, THE DEPARTMENT OF HEALTH, THE DORMITORY
46 AUTHORITY OF THE STATE OF NEW YORK, THE DEPARTMENT OF STATE, THE DEPART-
47 MENT OF EDUCATION, THE OFFICE OF PARKS, RECREATION AND HISTORIC PRESER-
48 VATION, AND ANY OTHER AGENCY AS DETERMINED BY THE OFFICE THAT MAY BE
49 AFFECTED BY THIS ARTICLE, SHALL PROMULGATE RULES AND REGULATIONS ESTAB-
50 LISHING CONSTRUCTION REQUIREMENTS AND PROCEDURES NECESSARY TO IMPLEMENT
51 THIS ARTICLE, INCLUDING THE EXCEPTIONS DESCRIBED IN SECTION EIGHTY-TWO
52 OF THIS ARTICLE. IN ESTABLISHING SUCH REQUIREMENTS AND PROCEDURES, THE
53 OFFICE MAY CONSULT GREEN CONSTRUCTION REQUIREMENTS AND PROCEDURES ESTAB-
54 LISHED OR ADOPTED BY OTHER AGENCIES, AND BY PRIVATE ORGANIZATIONS,
55 INCLUDING BUT NOT LIMITED TO THE UNITED STATES GREEN BUILDING COUNCIL
56 UNDER ITS LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN PROGRAMS, THE
A. 7246--B 3
1 GREEN BUILDING INITIATIVE'S GREEN GLOBES RATING SYSTEM, AND THE AMERICAN
2 NATIONAL STANDARDS INSTITUTE.
3 3. FOR PURPOSES OF MONITORING COMPLIANCE WITH THIS ARTICLE AND THIS
4 ARTICLE'S EFFECTIVENESS, EACH AGENCY SHALL PREPARE BY JUNE THIRTIETH OF
5 EACH YEAR AN ANNUAL BUILDING PERFORMANCE REPORT IN SUCH FORM AND
6 CONTAINING SUCH INFORMATION AS THE OFFICE MAY REQUIRE, WHICH MAY RELATE
7 TO SUCH MATTERS AS ENERGY CONSUMPTION, WASTE REDUCTION, INDOOR AIR QUAL-
8 ITY, WATER REDUCTIONS AND MAINTENANCE PROCEDURES AND PROCESSES. SUCH
9 REPORT SHALL BE AVAILABLE TO THE OFFICE UPON REQUEST.
10 S 4. This act shall take effect immediately, provided however that
11 section two of this act shall be deemed to have been in full force and
12 effect on and after September 25, 2008; and provided further, that
13 section three of this act shall take effect on the three hundred sixty-
14 fifth day after it shall have become a law; provided, however that
15 effective immediately, the office of general services is authorized to
16 promulgate, amend or repeal any rule or regulation which it deems neces-
17 sary or appropriate to implement section three of this act.
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