Solar & Battery Regulation & Incentive Programs
New York's energy efficiency standards for state buildings are governed by an overlapping set of state laws and Executive Orders. The summary below describes the standards created by each authority. Executive Order No. 88 (Cuomo) is described first as it contains the far reaching and detailed set of standards. Executive Order No. 88 replaces Executive Order No. 111 originally signed by Governor Pataki in 2001 (and continued by subsequent governors).
Executive Order No. 88 (2012)
Governor Andrew Cuomo signed Executive Order No. 88 on December 28, 2012, directing state agencies and authorities to improve the energy efficiency of state buildings. The order also revokes and supersedes Executive Order No. 111, originally signed in 2001. The order establishes a target of reducing average energy use intensity (EUI) in state-owned and managed buildings by 20% relative to a fiscal year 2010/2011 baseline by April 1, 2020. It also tasks the New York Power Authority (NYPA) with creating a Central Management and Implementation Team (CMIT) to administer the order, and directs the state Office of General Services (OGS) and the New York State Energy Research and Development Authority (NYSERDA) to provide technical assistance to the CMIT and affected state agencies.
Beyond the broader energy intensity reduction target, the order also makes a number of additional requirements of affected state entities, as follows:
The order provides that energy use associated with electric vehicle charging is exempt from being included in the energy efficiency targets and requirements. The CMIT is also permitted to provide other exemptions for good cause (e.g., building maintains an Energy Star or similar certification).
Executive Order No. 4 (2008)
Executive Order No. 4 established a state green procurement and agency sustainability program with overarching goals that touch upon many different aspects of government operations. The order itself does not create any specific green procurement standards, instead leaving the development of detailed requirements to an inter-agency committee co-chaired by the Commissioner of the OGS and the Commissioner of the Department of Environmental Conservation (DEC). The committee has approved product specifications for numerous types of equipment, including energy using products such as compact fluorescent light bulbs, dishwashers, refrigerators, clothes washers, and room air conditioners. The order also requires state agencies to develop Sustainability and Environmental Stewardship programs that include specific projects designed to help the agency achieve compliance with the order and reduce environmental impacts. The OGS Executive Order No. 4 web site contains detailed information on agency activities, product specifications, and reporting.
State Green Building Construction Act (2008)
In September 2008, New York enacted the State Green Building Construction Act, requiring state agencies, departments, boards, public benefit corporations, and commissions to follow green building guidelines when constructing or substantially renovating state buildings. The law directed the DEC to develop regulations to implement the requirement. In August 2009 (A.B. 7246) the original law was repealed and replaced with revised language directing instead that the state OGS develop the requirements, including establishing construction requirements and procedures to be used in implementing the law. The law specifically mentions the USGBC LEED system, the U.S. Green Building Initiative Green Globes system, and the American National Standards Institute in reference to the development of these appropriate procedures. The OGS has posted information pertaining to the administration of these requirements on the program web site under the heading of the New York State Green Building Construction Act. Thus far it does not appear that rules and regulations associated with the law have been promulgated, although the OGS has issued green construction guidelines pursuant to the green building requirements made by Executive Order No. 111.
Appliance standards for State procurement
New York State law requires that State facilities must purchase equipment and appliances that meet minimum efficiency standards established by New York State Energy Research and Development Authority (NYSERDA). Energy efficiency standards have been provided for equipment including lighting, HVAC systems, electric motors, and other appliances.
Name | Enacted Date | Effective Date | Expired Date |
---|---|---|---|
Executive Order No. 88 | 12/28/2012 | ||
NYCL Pub B § 80 et seq. | 08/26/2009 | 08/26/2010 | |
Executive Order No. 4 | 04/25/2008 | ||
Article 5, § 5-108a (Appliance efficiency standards for State procurement) |